RULES & REGULATIONS
OF
THE NATIONAL AGRI-FOOD
BIOTECHNOLOGY INSTITUTE
1.Name of the Society:
National
Agri-Food Biotechnology Institute
2.Location
of the O
The registered office of the Society shall be at the
National Capital Territory of Chandigarh and is currently located at NABI Cell,
National Botanical Research Institute, Rana Pratap Marg, Lucknow – 226001
INTERPRETATION
3.
In these rules, the following words and abbreviations shall have
the meanings given to them, unless there is anything contrary in the subject or
context:
a.
The “Institute” shall mean the National Agri-Food Biotechnology
Institute.
b.
The “Society” shall mean the National Agri-Food Biotechnology
Institute.
c.
The “Central Government” shall mean the administrative
Ministry of the Government of India, concerned with Science & Technology.
d.
The “Governing Body” shall mean the Governing Body
of the Institute.
e.
The “President” shall mean the President of the society.
f.
The “Chairman” shall mean the Chairman of the Governing
Body of the Institute.
g.
The “Executive Director” shall mean the Director of
the Institute appointed under the rules of the Institute.
h.
The “Secretary” shall mean the Secretary of the Society
appointed in accordance with the by-laws of the Society.
i.
The “year” shall mean the
period of 12 calendar months commencing from the first day of April and ending on
the 31st day of March of the subsequent year.
Words importing the singular number shall include the
plural number and vice-versa.
Words importing the masculine gender shall include the feminine gender.
MEMBERS OF THE INSTITUTE
4.
The “INSTITUTE” shall
consist of all members of the Governing Body set up under Rule 24 of the Rules and
Regulations and such other persons who may be nominated by the Government of India.
5.
The “INSTITUTE” shall
keep a roll of members, giving their addresses and occupations and every member
shall sign the same.
6.
The “INSTITUTE” shall
function notwithstanding any vacancy in its body and no act or proceeding of the
INSTITUTE shall be invalid merely by
reasons of such vacancy or of any defect in the appointment of any of its members.
AUTHORITIES AND OFFICERS
OF THE INSTITUTE
7.
The following shall be the authorities of the
INSTITUTE:
a.
The Institute Governing Body
b.
The Institute Executive
Director, and
c.
The Deans of different
Departments in the Institute
d.
Such other authorities and officers as may be constituted/ appointed as such by
the Governing Body.
8.
The Minister of Science & Technology, Govt. of India, or his
nominee shall be the President of the Institute. The Secretary of the Department
of Biotechnology, Govt. of India shall be the Chairman of the Governing Body.
9.
The Executive Director of the Institute, who shall be a distinguished
scientist, shall be appointed by the Governing Body, following the procedure laid
down by the Central Government and relevant by-laws of the Institute in this behalf. He shall be the Principal Executive
Officer of the Institute. Until such
time a full time Executive Director of the Institute is appointed in accordance
with rules and by-laws, the Governing Body may appoint a distinguished scientist
as Honorary Director and the person so appointed shall have full powers, functions
and status as the Executive Director in accordance with these rules.
10.
The Society shall establish and maintain its own office, laboratories
and workshops. Appointment to various
posts under the Institute shall be made in accordance with the by-laws framed for
the purpose by the Governing Body.
PROCEEDINGS OF THE SOCIETY
11.
An Annual General Meeting of the Society shall be held at such
time, date & place as may be determined by the President giving not less than
fifteen days’ clear notice. At such
Annual General Meeting, the Secretary shall submit the Annual Report and the Audited
Accounts of the society, together with the Auditor’s Report thereon.
The Annual Report duly passed and adopted by the Society shall be submitted
to the Government for placing the same before the Parliament. The quorum of the
meeting shall be 2/3rd of the society members.
12.
The President may convene a Special General Meeting of the Society,
whenever he/she thinks fit.
13.
The President shall convene a Special General Meeting of the Society
on the written requisition of not less than five members of the Society.
14.
Any requisition so made by the members of the Society shall express
the objectives of the meeting proposed to be called and shall be left at the address
of the Secretary or posted to his address.
15.
At all Special General Meetings on subjects other than that stated
in the notice or requisition, as the case may be, shall be discussed except when
specially authorized by the President.
16.
Excepting as otherwise provided in these rules, all meetings of
the Society shall be called by notice under the signature of the Secretary or the
President.
17.
Every notice calling a meeting of the Society shall state the
date, time and place at which such meeting will be held and shall be served upon
every member of the Society not less than fifteen clear days before the day appointed
for the meeting.
18.
The accidental omission to give notice to or the non-receipt of
notice by any member shall not invalidate the proceedings of the meeting.
19.
The President of the Institute shall preside at all meetings of
the Society and if he is not present at any meeting or in his absence, the Chairman
of the Governing Body shall preside at that meeting.
In case the Chairman of the Governing Body is also not present, in his absence,
then a member shall be elected form amongst those present to preside over that meeting.
20.
No business shall be discussed at a meeting of the Society, whilst
the chair is vacant except the election of a Chairman.
21.
Seven members of the Society present in person shall form a quorum
at every meeting of the Society.
22.
All disputed questions at meetings of the Society shall
be determined by a majority of votes of the members present and voting.
23.
Each member of the Society shall have one vote.
In case of an equality of votes, the President, Chairman or member presiding
over the meeting, as the case may be, shall have the casting vote.
THE GOVERNING BODY
24. The affairs of the Society shall be
managed, administered, directed and controlled, subject to rules, by-laws and orders
of the Governing Body. The Governing Body of the Society for Societies Registration
Act XX1 of 1860 shall consist of the following:
Secretary, Department of Biotechnology
Chairman,
Ex- Officio
Govt. of India
Director General, Indian Council of
Member, Ex- Officio
Agricultural Research
Joint Secretary & Financial Adviser
Member, Ex- Officio
Department of Biotechnology, Govt. of India
Adviser (Plant Biotechnology)
Member, Ex- Officio
Department of Biotechnology, Govt. of India
Directors
of the cluster institutions
Member,
Ex- Officio
All the Deans of the Institute
Members, Ex-Officio
One faculty member by annual rotation
Members
from each of the NABI Departments
Up to 10 Scientists/Engineers/Agri/Seeds/Food/ Members
Nutrition/Management Experts including
from industry to be nominated by the
Secretary, Department of Biotechnology
Executive Director of the Institute
Member-Secretary
The nominations of the expert members to the Governing
body shall ordinarily be done by the Chairman in accordance with the guidelines
framed for this purpose in the NABI bylaws.
25.
Unless his membership of the Governing Body is terminated as provided
in Rule 26 and subject to the provisions of Rule 26, each nominated member of the
Governing Body shall relinquish his membership on the expiry of three years from
the date on which he becomes a member of the Governing Body, but he shall be eligible
for re-appointment. In case of a casual vacancy, the person appointed to fill the
vacancy shall hold office for the unexpired portion of the term of the out-going
member.
26.
A member of the Governing Body shall cease to be a member on the
happening of any of the following events:
a.
If he resigns, becomes
of unsound mind, becomes insolvent or is convicted of a criminal offence involving
moral turpitude, or his employer refuses to grant him permission to serve on the
Governing Body or he goes abroad for a continuous period exceeding one year.
b.
If he does not attend three
consecutive meetings of the Governing Body.
27.
Whatever a member desires to resign from the membership of the
Governing Body, he shall forward a letter containing his resignation addressed to
the Secretary and his resignation shall take effect only on its acceptance by the
Chairman.
28.
Whenever a person holds the membership of the Governing Body by
virtue of an office held by him (ex-officio), his membership shall terminate when
he ceases to hold that office and the vacancy so caused shall be filled by his successor
to that office.
29.
The members of the Governing Body shall not be entitled to any
remuneration from the Society excepting the full time Executive Director of the
Institute. The members of the Governing
Body or any Committee appointed by it may be paid by the Society such traveling
and daily allowances and honorarium as may be provided for in the bye-laws.
30.
A person holding the membership of the Governing Body by virtue
of an office held by him (ex-officio) shall normally attend the Governing Body meetings
himself in person but in exceptional circumstances shall have the right to nominate
a representative to act on his behalf at a particular meeting of the Governing Body
and the representative so nominated shall be entitled to take part in the proceedings
of that meeting, but not to vote thereat.
31.
The Secretary shall attest the signatures of all the members of
newly elected Governing Body and will ensure that the said signature of the outgoing
Governing Body tally with the annual list as filed with the Registrar of Societies
before 15 days of the succeeding month in which elections were held.
FUNCTIONS AND POWERS OF
THE GOVERNING BODY
32.
The Governing Body shall generally carry out and pursue the objectives
of the Society, as set forth in the Memorandum of its Association.
The management of all the affairs and funds of the Society shall, for this
purpose, vest in the Governing Body.
33.
The Governing Body shall exercise all the powers of the Society,
subject, nevertheless, to such limitations as the Government of India may from time
to time, impose in respect of the expenditure from the funds of the Society and
of grants made by the Government of India.
34.
In particular and without prejudice to the generality of the foregoing
provisions, the Governing Body shall have the power, subject to the provision of
these rules and the bye-laws to:
i
consider the annual and
supplementary budgets placed before it by the Executive Director from time to time,
and pass them with such modifications as the Governing Body may think fit.
ii
create and abolish posts
in accordance with the relevant bye-laws of the Institute
iii
appoint various scientific,
technical, administrative and other officers and staff of the Society, fix their
remuneration and define their duties and terms of employment.
iv
enter into arrangements with
the Government of India and with the State Government and other public or private
organizations or individuals within the country for securing and accepting grants-in-aid,
endowments, donations or gifts to the Society, on mutually agreed terms and conditions;
provided that such terms and conditions, if any, shall not be contrary to, inconsistent
or in conflict with the objectives of the Society; provided, for any such arrangement
with foreign and/ or international agencies or organizations the prior approval
of the Government of India has been obtained.
v
take over, acquire by purchase,
gifts, exchange, lease or hire or otherwise from Government of India, the State
Governments and other public or private bodies or individuals, institutions, libraries,
laboratories, immovable properties, endowments or other funds together with any
attendant obligations and engagements not inconsistent with the objectives of the
Society; provided for any such activity involving a foreign and/ or international
agency or organization, the prior approval of the Government of India has been obtained.
vi
appoint Committees and Sub-Committees for such purposes and with such powers and
for such periods and on such terms as it may deem fit, and dissolve any of them.
vii
delegate such administrative and financial powers as it may think proper to the
Chairman, the Executive Director, Deans and such other officers of the Society as
may be considered necessary; and
viii
to frame, amend or repeal bylaws, for the administration and management of the affairs
of the Society and in particular to provide for the following matters:-
a)
preparation and sanction
of budget estimates, sanctioning of expenditure, entering into and execution of
contracts, investment of the funds of the Society, sale or alteration of such investments
and maintenance of accounts and their audit;
b)
procedure for recruitment
of scientists and officers in the service of the Society;
c)
terms and tenures of appointments, emoluments, allowances, rules of discipline and
other conditions of service of the establishments of the Society;
d)
terms and conditions governing the grant of scholarships, fellowships, awards and
grants-in-aid for research schemes and projects not inconsistent with the objectives
of the Society.
e) such other matters as may be necessary for the administration of the affairs and funds of the Society.
PROCEEDINGS OF THE GOVERNING
BODY
35.
Every meeting of the Governing Body shall be presided over
by the Chairman and in his absence a member chosen from amongst themselves by members
present, to provide for the occasion.
36.
Seven members of the Governing Body present in person, shall constitute
a quorum at any meeting of the Governing Body.
37.
Not less than fifteen days’ clear notice of every meeting of the
Governing Body shall be given to each member of the Governing Body.
The accidental omission to give notice to or the non-receipt of notice by
any member shall not invalidate the proceedings at the meeting.
38.
Normally one meeting of the Governing body shall be held at least
once in each half of the year or more frequently, if need arises in the opinion
of the Chairman.
39.
The decision of the Governing Body shall be taken by consensus
of the members present or the majority of the members present and voting.
40.
The Chairman may himself call, or by a requisition in writing
signed by him, may require the Secretary to call a meeting of the Governing Body
at any time and on receipt of such a requisition, the Secretary shall forthwith
call such a meeting.
41.
Four members of the Governing Body may, by a requisition in writing
signed by them, request the Secretary to call a meeting of the Governing Body and
on receipt of such a requisition, the Secretary shall call such a meeting within
a period of one month in consultation with the Chairman.
42.
Each member of the Governing Body shall have one vote, except
as provided in Rule 30 and, if there shall be an equality of votes on any question
to be decided by the Governing Body, the Chairman or the member presiding over the
meeting shall have a casting vote.
43.
Any business which may be necessary for the Governing Body to
perform may be performed by a resolution in writing circulated among all its members
and any such resolution so circulated and approved by a majority of the members
by signing, shall be as effectual and binding as if such resolution had been passed
at a meeting of the Governing Body provided that at least five members of the Governing
Body have recorded their approval to the resolution.
44.
The Chairman may, irrespective of the opinion of the members of
the Governing Body, refer any question, which in his opinion is of sufficient importance,
for decision to the Government of India.
The decision of the Government of India shall be binding on the Society and its
Governing Body.
FUNCTIONS AND POWERS OF
THE CHAIRMAN
45.
The Chairman shall exercise such powers for the conduct of the
business of the Society as may be delegated to him by the Governing Body.
46.
The Chairman may, in writing, delegate such of his powers as he
may think necessary to the Executive Director.
FUNCTIONS AND POWERS OF
THE EXECUTIVE DIRECTOR
47.
Subject to any order that may be passed by the Chairman
in exercise of the powers delegated to him by the Governing Body, the Executive
Director shall be responsible for the proper administration of the affairs and funds
of the Society under the direction and guidance of the Governing Body.
He shall be vested with such executive and administrative powers of the Society
as may be necessary or incidental for the purpose, subject to these rules and by-laws.
48.
The Executive Director shall, subject to the provisions of these
rules and by-laws and decisions of the Governing Body and Chairman, exercise general
supervision and disciplinary control over the officers and the staff of the Society,
and prescribe their duties and functions through the respective Deans of the institute.
49.
The Executive Director of the Institute shall be the Secretary
of the Society. For the purposes of
the Societies Registration Act XXI of 1860, the Secretary shall be considered the
Principal Secretary of the Society and the Society may sue or be sued in the name
of the Secretary of the Society.
50.
The Executive Director shall be responsible for designing and
maintaining the unified integrity of perspective for NABI, and ensuring that various
centers of the Institute function coordinately in the framework of this perspective.
Further, the Executive Director will conduct the administration and financial business
of the society and the institute through the ‘Institute Management Committee’ (IMC)
comprising of all the Deans of the institute (ex-officio members), one faculty member
by annual rotation from each of the centers of the Institute, and himself as the
Chair. The IMC will prepare the institute budget which shall be submitted to Department
of Biotechnology, Govt. of India or other funding sources by the Executive Director.
The other major responsibilities of the IMC include the constitution of the Scientific
Advisory Committee of the Institute, and the Technical Advisory Committees of various
departments, Management committees of the various departments of NABI along the
similar lines, allocation of budgets to various departments of the institute, and
the general administration of the institute. Where the Departments are developed
in partnership with outside agencies, the terms of agreement for governance shall
be adhered to, within the overall NABI spirit of collaborative management.
FUNCTIONS AND POWERS OF
DEANS
51.
The NABI will work as the umbrella organization to several scientifically
independent specialized research and/or service centers such as the Departments
of Agribiotechnology, Food Science and Technology, Nutritional Science and Technology
and other functional units, such as Translational and Training Centres, Business
Development Units etc.. The individual deans of NABI will be the
Directors of the three major Departments and will provide scientific
leadership. The Deans will have administrative and financial powers for the
day-to-day functioning of their Departments within the allocated budget in consultation
with the Departmental Management Committee. The administrative and financial powers
of the Deans will be as determined by the NABI Governing Body in furtherance of
the stated objectives of the centers and the institute, and in harmony with the
spirit of functional autonomy of various centers. Where the Departments, resource
centres and other functional units are developed in partnership with outside agencies,
the Deans and the respective Department Management Committees will execute their
leadership functions within the parameters of governance set by the terms of the
agreement as approved by the Governing Body and within the overall NABI spirit of
collaborative management.
THE FINANCE COMMITTEE &
THE SCIENTIFIC
The administrative, technical and financial management
of the Institute would vest in the Governing Body of the Institute.
The Governing Body would conduct periodical review and monitoring of the
activities and take remedial measures as deemed fit to meet the aims and objectives
of the Institute. The Governing Body
would nominate the Finance Committee and the Scientific Advisory Committee. The Finance Committee would consist
of the following:
Secretary, Department of Biotechnology
Chairman, Ex-Officio
Joint Secretary & Financial Adviser,
Department of Biotechnology
Member, Ex-Officio
Executive Director of the Institute
Member, Ex-Officio
Adviser (Plant Biotechnology)
Department of Biotechnology
Member, Ex-Officio
All the Deans of the Institute
Members, Ex-Officio
Senior Manager of the Institute
Non-Member
Secretary
and Convener
The Finance Committee will consider important financial
matters and make its recommendations to the Governing Body.
It should meet at least twice a year or as often as considered necessary.
COMPOSITION OF The Scientific Advisory Committee
A renowned and distinguished scientist in areas of
development, optimization and evaluation of technologies for public health and interdisciplinary
research for translation of technologies for public health (Chairman)
Representative from the Department of Biotechnology
(Member)
Representative from ICAR (Member)
Representative from Industry (Member)
Executive Director of the Institute (Member-Secretary,
Ex-Officio)
All the Deans of the Institute (Members, Ex-Officio)
Five distinguished Scientists/ Medical Biotechnologists
to be nominated by the committee of the Executive Director and Deans with approval
of the Governing Body Chairman (Members)
The Scientific Advisory Committee shall evolve the
scientific and technical programmes of the Institute,
review them periodically and shall take further course of action as would be
deemed fit for furthering scientific and technological research and other functions
of the Institute. The recommendations
of the Committee would be submitted to the Governing Body for approval.
It should meet at least once a year.
The tenure of the Committee shall ordinarily be for a period of 3 years, which can
be extended or reconstituted by the Governing Body after 3 years.
The specialized Departments of the institute will have
independent Departmental Technical Advisory Committees with relevant subcommittees.
The committee will be constituted by the Departmental Director in consultation with
the Executive Director of the Institute.
FUNDS OF THE SOCIETY
-
The funds of the Society will consist of the following:
i
Lump sum, recurring, and non-recurring grant made by the
Govt. of India.
ii
Research projects undertaken from other project funding agencies
and industry.
iii
All money received by the Society by way of grants, gifts, donations
or other contributions
53.
All funds of the Society shall be paid into the Society’s account
with either in a Government Treasury/ Sub Treasury or Reserve Bank of India, branches
of the State Bank of India and its subsidiaries or in a scheduled/ nationalized
bank and shall not be withdrawn except on cheques signed and countersigned by such
officers as may be duly empowered on this behalf by the Governing Body.
54.
The income and property of the Society, however derived, shall
be applied towards the promotion of the objectives thereof as set forth in this
Memorandum of Association subject nevertheless in respect of the expenditure grants
made by the Government of India to such limitations as the Government of India may
from time to time impose. No portion
of the income and property of the Society shall be paid or transferred directly
or indirectly to any of the members through any means either by way of dividends,
bonus, or otherwise howsoever by way of profit, to the persons who at any time are
or have been members of the Society or to any of them or to any persons claiming
through them or any of them provided that nothing herein contained shall prevent
the payment in good faith of remuneration to any member thereof or other person
in return for any service rendered to the Society and payments in lieu of intellectual
property as per guidelines by the Governing Body.
ACCOUNTS AND AUDIT
55.
The Accounts of the Society shall be audited by such person or
persons who is a Chartered Accountant and may be nominated by the Central Government. The nature of audit to be applied and
the detailed arrangements to be made in regard to the form of accounts and their
maintenance and the presentation of the accounts for audit shall be prescribed by
by-laws to be framed by the Governing Body and approved by the Government of India.
ANNUAL REPORT
56.
An Annual Report of the proceedings of the Society and of all
work undertaken during the year shall be prepared by the Executive Director of the
Institute under the supervision of Governing Body for the information of the Government
of India and the members of the Society.
This report and the audited accounts of the Society along with the auditor’s reports
thereon shall be placed before the Society at the Annual General Meeting.
ALTERATION OF RULES
57.
The Rules of the Society may be altered at any time on the recommendation
of the Governing Body by a resolution passed by a majority of the members of the
Society present at any meeting of the Society.
58.
All provisions contained in the Societies Registration Act, XXI
of 1860 as applicable to State of Delhi, shall apply to this Society.
59.
Upon a resolution passed by a majority of the members of the Society,
not less than 2/3rd of the total members of the Society can determine
that the Society shall be dissolved forthwith or on such date as may be agreed upon
and confirmed by 2/3rd of the members present at a second special meeting.
WINDING UP
The Society shall at the same meeting and at the time
of passing a resolution dissolving the Society, determine the method to be followed
for disposal and settlement of its property and debts.
In the event of dissolution, the property and funds of the Society that remain
after the satisfaction of all its debts and liability shall not be paid to or distributed
among the members of the Society or any of them but shall be given to some other
Society with similar aims and objectives which has been recognized by the Income
Tax authorities under the provisions of Income Tax Act, provided that such other
Society shall be determined by the votes not less than 3/4th of the members
present personally at the time of the dissolution or in default thereof by the Principal
court of original civil jurisdiction of the district in which the registered office
of the Society is then situated.
