Bye Laws for Administration and Management of the Ali Yavar Jung National Institute of Speech and Hearing Disabilities (Divyangjan)

The rules and regulations of the Ali Yavar Jung National Institute of Speech and Hearing Disabilities (Divyangjan) in Rule 15 state the power and functions of the Executive Council. The powers and duties of the President of the General Council are given in Rule 5.4. Rule 11.4 states functions of the Director. For the administration and management of the Ali Yavar Jung National Institute of Speech and Hearing Disabilities (Divyangjan), the Executive Council of the Institute is pleased to make the following bye-laws

Short Title and Commencements

• These bye laws may be called the Ali Yavar Jung National Institute of Speech and Hearing Disabilities (Divyangjan) bye laws, 1987.
• These bye laws shall come into force with immediate effect.
• These bye laws replace the bye laws adopted by the Institute in the meeting of the Executive Council held on 5/7/1985 (where applicable).

Definitions

In these bye laws unless there is anything repugnant to the context

• The 'Institute' means the Ali Yavar Jung National Institute of Speech and Hearing Disabilities (Divyangjan).
• The 'President' means the President of General Council.
• The 'General Council' means the General Council of the Institute.
• The 'Chairman' means the Chairman of Executive Council;
• The 'Executive' Council' means the Executive Council of the Institute.
• The 'Member' means a member of General Council/Executive Council.
• The 'Director' means the Director of the Institute.
• 'Government' means the Government of India;
• 'Society' means a Society registered under Societies Registration Act, XXI of 1860.
• 'Fund' means funds of the Institute.

Powers and Functions of General Council and Executive Council

The General Council and Executive Council shall exercise the power as are laid down in Memorandum of Association and Rules and Regulations of the Institute.

Powers and Function of the Director

The Director shall be incharge of the management and administration and shall exercise such powers as are delegated by the Executive Council in respect of the affairs of the Institute and give directives for implementing Rules and Regulations and Bye Laws of the Institute with a view to achieving its aims and objects.

The Director as Head of the Institute shall be responsible to organize the Institute on modern scientific lines with focus on education, training and rehabilitation research for Hearing Handicapped. As the administrative Head of the Institute, he/she shall assume full responsibility for any other duty assigned by the Institute. He/She shall exercise financial and administrative powers in accordance with schedule of powers delegated to the Director. The Director may re-delegate certain powers to his/her subordinate officers as per the delegation of power rules of the Government of India. All such re-delegation should, however, be brought to the notice of the Executive Council.

omposition and Function of Various Committees of the Institute like Academic Committee and Purchase Committee Etc.

With reference to the powers of the Executive Council vide Rule 11.5 of the rules and regulations of the Society, the following Committees of Specialists/Representatives of voluntary organization/heads of Institutions/social workers in the field shall be constituted by the Executive Council for technical advice, selection, purchase etc.

Academic Committee

The convener of the Committee will be the Director of the Institute and shall include specialists/representatives of voluntary organizations/head of institutions/ social workers in the field. The composition of this Committee will be as follows

• Director ....... Member - Convener
• A maximum of experts in the field.

The Committee shall have a tenure of two years. This Committee will advise in the matter of scientific research and establishing institutional or non institution programmes for the education and training of personnel in the field of hearing handicapped. The Committee should meet atleast once a year.

Purchase Committee

The Institute shall constitute Purchase Committee consisting of Dy. Director (Adm.), Dy.Director (Tech.), the Heads of the Department and the Accounts Officer. This Committee will finalise purchase of equipment/instrument/office equipment/furniture as well as other items of stationery etc. In accordance with the provisions made in the budget.

General Service Conditions of the Employees

• The Executive Council shall frame the recruitment rules and adopt Government of India's scales of pay or pay scales approved by the Govt. of India, prescribed academic and professional qualification, experience, age, etc. for various posts sanctioned for the Institute.
• Creation, continuation and confirmation of all the posts in the Institute shall be done by the Executive Council keeping in view the qualification and experience prescribed by Central Government for similar posts provided that posts carrying the Pre-revised scale of pay whose maximum exceeds Rs.4500/- shall be created continued and confirmed with the prior approval of the Government of India.
• Reservation of post for SC/ST/Ex-Servicemen/Handicapped persons etc. will be as per Government of India rules. The Institute will prepare necessary roaster for implementation.
• Employees be whole time servants unless otherwise distinctly provided the whole time of an employee of the Institute shall be at the disposal of the Institute and he may be employed in any manner required by the competent authority of the Institute without claims of additional remuneration.
• Permanent and temporary posts
  The posts in the service of the Institute shall be either a "Permanent Post" that is a post carrying a definite rate of pay sanctioned for a limited time.
• Medical facilities.
  
  • The medical facilities under the Medical attendance rules as applicable to the Central Government Employees shall be made available to the employees of the Institute.
  • The panel of Doctors and decided by Central Government Employees Welfare Co-ordination Committee of the particular region shall be treated Authorised Medical Attendants.
  • The Doctors employed in the Institute shall be treated as Authorised Medical Attendants.
  • Where the panel of Doctors authorized by the Central Government Co-ordination Committee does not exist, the Institute will form it's own panel considering the location of the employees residences will get it approved by the Executive Council.
  • The fees will be reimbursed as per Government of India rate.
  • There shall be ceiling of Rs, 1500/- per year per employee in respect of reimbursement of medical expenses in addition to the charges due to hospitalization in Government hospitals on actual basis on admissible items.
• Pension and G.P.F
  The employee of the Institute shall be eligible to pensionary benefits and General Provident Fund and Gratuity as per the Central Government Rules. On completion of one year of service, the employee will be eligible for admission to the Institute's General Provident Fund Scheme
• T.A./D.A. and L.T.C.
  The employee shall be eligible to Travelling allowance/daily allowance and Leave Travel Concession as per the Central Government rules.
• Insurance
  The Institute will provide insurance facilities to the employees under the Group Insurance Scheme of the Life Insurance Corporation of India.
• Procedure to be followed for selection and appointment of staff of the Institute.
  
  • The appointment of the Director shall be made as per Rule 11.2 of the Rules and Regulations of the Institute.
  • For all technical posts in the pay scale of Rs.2000-3500/- and above, advertisement should be issued in four leading dailies from Bombay, Calcutta, New Delhi and Madras giving time of atleast 15 days after the appearance of the notice in newspapers for submission of applications. The notice should also be circulated among organizations likely to recommend suitable candidates for the posts in the above categories.
  • On receipt of the applications, the Director shall scrutinize them and make a short list from amongst the applications received on the criteria approved by the Chairman of the Selection Committee.
  • All the short listed applicants may be called for interview by the Selection Committee appointed for the purpose. Such candidates as can be selected on the basis of records need not be called for interview.
  • The proceedings of the Selection Committee should be put up to the appointing authority for approval and thereafter the offer of appointment should be issued to the candidates giving four weeks time for joining. However, joining time may be relaxed at the discretion of the Director.

The matter should be reported in the Executive Council meeting held immediately after the selections are made and appointments are offered.

• Constitution of Selection Committee and DPC
  
  • For all posts corresponding to Group 'A' posts

• For the purpose of selecting the experts, a panel of five names will be approved by the Executive Council at the beginning of each year in each field.
• For all other posts corresponding to group B, C & D

The Selection Committee for the posts of Director and Deputy Director shall be constituted by the President, General Council

Probation

The candidates selected will be on probation for a period of two years, extendible for another year. Failure to complete the extended period satisfactorily shall result in termination of services. In case of satisfactory completion of the probation period, the employees can be confirmed on the basis of existing Government of India rules.

The services of a temporary employee shall be liable to termination at any time by giving one month's notice from either side.

An employee may be appointed on contract for a limited period, maximum of which may be five years. Extension of service or re-employment after retirement shall be regulated by Government of India rules.

Age and Retirement

Except as otherwise provided, every employee of the Institute will retire from service on the afternoon of the last date of the month in which he attains the age of 58 years.

An Institute's servant belonging to Class IV (Group D) will retire from service on the afternoon of the last date of the month in which he attains the age of 60 years.

The teaching staff who are appointed with effect from 1.4.1989 shall retire when he/she attains the age of 58 years for those who are appointed prior to 1.4.89, the retirement age shall continue to be 60 years.

Private Employment

No employee will be granted permission for private employment or private practice.

Holidays and working hours

The holidays, vacations and working hours as admissible to Central Government servant will be granted mutatis mutandis, to the employees of the Institute' in general

Deputation

A Government servant or an employee of a similar autonomous organization may be taken on deputation on standard terms and conditions as applicable in Central Government.

• An employee of the Institute may go over on deputation to another similar organization/Govt. on the terms and conditions mutually accepted between the Institute and the borrowing organization. It shall be the liability of the foreign employer to pay foreign service contributions as stipulated
• All cases of sending an employee to another similar organization/Government should be approved by the Chairman of the Executive Council.
• The Central Civil Service (Conduct) Rules and also the classification, Control and Appeal Rules of the Government of India will mutatis mutandis apply to the employees of the Institute.
• Maintenance of record of service
  A service book of each employee whose pay and allowance are drawn by the head of the Institute on establishment bills, shall be maintained by the administration branch. The audit of accounts in respect of pay and allowance shall of course, be watched by the Accounts Officer, who shall also watch the recovery of contribution in the case of an employee deputed on foreign service.
• The appointing authority in respect of Group 'A' Posts will be the Executive Council and the same in respect of posts under Group B, C and D shall be the Director.
  However, appointments to the posts carrying the revised scale of pay whose maximum exceed Rs. 4,500/- shall be made with the approval of Government of India.
• Grant of study leave, etc. will be regulated by Government of India rules on the subject.

Bye Laws for the Maintenance of Accounts And Audit of Accounts, Etc

• The Executive Council may authorize Vigilance Commission of Government of India to exercise jurisdiction over the affairs of the Institute.
• The Director shall exercise financial power as per the schedule of powers delegated by the Executive Council. The Director may further redelegate powers to subordinate officers except the powers for (a) creation of posts, (b) write off of losses, and (c) appointment, termination of appointment.

• As per Rule 5.1 of the Rules and Regulations of the National Institute for the Hearing Handicapped, the budgetary proposals have to be submitted for consideration of the General Council. Therefore, the Institute shall prepare the budget for the following year and submit the same to the Chairman of the Executive Council by 15th September and to the General Council by 30th September for its consideration, prior to its submission to the General Council.

  The budget should contain the following details

  • The Institute shall give the plan and non-plan estimates separately.
  • It shall give Capital and Revenue estimates separately.
  • The Institute shall give previous year expenditure, current years budget and the next year's estimates in the budget.
  • The budget should show a break-up of the various activities of the Institute and the allocation of funds proposed for each activity; in addition, it will show a general Head indicating salaries and allowances, contributions to leave salary, provident fund etc. Expenditure on fixture and furniture, office equipments, etc. expenditure on post and electricity, water charges etc. and other contingencies like vehicle maintenance. In each activity area it should contain requirements of funds for capital equipments, consumable stores and non-consumable stores, stipend, etc.
• The budget estimates should be accompanied by write-up giving following particulars
  
  • Requirements of funds for current programmes
  • Requirements of funds for new programmes.
  • Physical targets achieved during the previous years, proposed to be achieved in current year, and in the next year.
  • The comparison of the past performance with the current performance, reasons for short-fall and achievement if any, ultimately action taken or proposed to be taken.
• The funds of the Institute shall consist of
  
  • Grants made by Government of India or State Governments.
  • Donation and contribution from other sources.
  • Other income and receipts.
• The scheme which has not been administratively approved by the competent authority shall not be included in the budget estimates.
• For any new scheme, likely to be introduced for development of original scheme, which has not been included in the estimates for that year, a proposal, with financial implication be made to the Executive Council for financing it by means of supplementary grant or by reappropriation within sanctioned estimates.
• The grants received from Government of India and/or from any other source shall be entered into the relevant register which will show the expenditure on specific heads and specified items.
• The funds of the Institute shall be deposited into a Nationalised Bank as per the resolution passed by the Executive Council of the Institute.
• The proper books of accounts will be maintained by the Institute to show receipt and its source, as well as expenditure and sanction accorded therefore.
• The accounting year of the Institution shall be from the first of April, to the Thirty First of March of the following year.
• At the close of the financial year, a Balance sheet covering assets and liabilities with due consideration of receipts and expenditure will be prepared.
• The audit of the accounts of the Institute will have to be done every year by the Comptroller and Auditor General of India and his report to be submitted to Parliament before 31st December of the succeeding year alongwith Annual Report, therefore, the C.A.G. shall be requested every year in time to audit the accounts of the Institute and to submit a Report by October, 31st. Simultaneously, if required, internal audit may be done by a Chartered Accountant at the discretion of the Executive Council.
  The Balance Sheet indicating assets and liabilities, receipt and expenditure, etc., should be prepared and submitted to the Executive Council.
• The Institute would make available the books of accounts, registers, vouchers and other documents and paper together with one copy of final sanctioned budget to the Auditor who will also have the right to inspect the office of the Institute or any work under construction.
• The audited statement of accounts of the previous year shall be submitted to Government within eight months after the close of financial year. If the submission is delayed beyond stipulated period, the reasons be communicated to Executive Council and the Government.
• The Director of the Institute shall have the power to appropriate and/or reappropriate for valid reason, the funds from the primary or secondary unit to another and to have the same ratified by the Executive Council in its next meeting.
• The funds of the Institute may be invested in short term Fixed Deposits to yield better return if feasible after keeping sufficient balance at the disposal of the Institute.
• In exercise of the powers delegated by the Executive Council the Director shall sign and execute all agreements, contracts, transfer deeds, needs of conveyance and other documents in connection and with the advice of the legal Advisor appointed by the Institution.
• No contract shall be made by the subordinate authority which has not been directed or authorized by Competent Authority.
• The Director shall sue or be sued in all matters of dispute arising out of any contract.
• The Director shall have powers to dispose of unserviceable and obsolete articles.
• The Director shall keep watch over expenditure and accord sanction to the payments, not exceeding the grants sanctioned. He will be assisted by officers authorized in this behalf.
• The funds will be drawn from the Bank by cheque to meet the expenditure.
• The cheque books will remain in the personal custody of the Director or any other Officer as may be authorized by the Director on his behalf.
• The Director will be assisted in respect of receipt and expenditure by the Accounts Officer who shall maintain proforma accounts and submit all claims in respect of Pay and allowances, Travelling allowances, etc. and contingent bills in the prescribed forms which will be counter-signed by the Director or by the Officer authorized on his behalf, before these are passed for payment by means of demand draft/cheques or cash as the case may be. The Accounts Officer will apply a check of a nature of preaudit to all payment from the funds of this Institute.
• The Director shall have powers to acquire hired accommodation for office/hostel premises with the approval of the Executive Council, whenever necessary at rates not exceeding those prescribed by the Government for similar purposes and or in the absence of such prescribed rates with the approval of the Government as laid down in entry 16 of Annexure to Schedule V of the Delegation of Financial Powers Rules, 1978. In the matter of construction work of Institute own building, the Director will be assisted by the Institute Engineer who will supervise the work on the site and report progress from time to time.
• The Balance sheet and the audited accounts together with Annual Report shall be submitted to the General Council for consideration.
• The results of the Audit together with Auditor's report shall be communicated to the Ministry of welfare, New Delhi.

Maintenance of Registers

The following books and registers will be maintained

• Funds shall be kept in Banks authorized by the Executive Council all money to be drawn by cheques as authorized by the Executive Council;
• Register of assets shall be maintained;
• Register of outstanding due recoveries from parties other than employees of the Institute shall be maintained;
• Register of loans and advances given to employees with recovery position;
• Register of Grants;
• Register of rents;
• Register of fees recovered;
• Register of cheque books;
• Register of Receipt books;
• Register of sanctioned posts with authority of sanction;
• General Provident Fund Accounts, ledger and balance sheets;
• Service books;
• Register of Selection Committee's proceedings, Academic Committee proceedings etc;
• Register of Library books;
• Acquittance rolls and register of periodical increments.
• Cash books and Petty cash book;
• Bank reconciliation register, if possible to be maintained with the cash book;
• Bill Central register;
• Ledger of control of expenditure;
• TA/DA Register;
• Pay bill Register;
• Contingent bill Register;
• Fuel Account Register;
• Stamp Account Register;
• R.A. Bill Register;
• Stock Register;
• Stationery Register;
• Miscellaneous expenditure Register;

NOTE Under the overall supervision of Director, the Officers of the Institute shall maintain proper accounts in the relevant register and form as mentioned above, with detailed instructions for accounts and maintenance of these registers.

Financial Powers of Autonomous Bodies Restriction Regarding.

• Proposal relating to the emoluments structure i.e. adoption of pay-scales, allowances and revision thereof and creation of posts of a specified pay level would be sent to the Government of India to decide the matter in consultation with the Ministry of Finance, Department of Expenditure.
• All Posts the maximum of scale of Pay of which exceeds Rs.4,500/- (Revised) will be created with the prior approval of the Government in consultation with the Ministry of Finance, Department of Expenditure.
• The Executive Council of the Institute would be empowered to create posts the maximum of scale of pay of which does not exceed Rs. 4,500/- p.m. Subject, however, to observance of the ban orders issued by the Government from time to time.
• A representative of the Ministry of Finance/Integrated finance/Division of the Ministry concerned should be nominated to the Executive Council of the autonomous organizations i.e. National Institute for the Handicapped.
• In the event of disagreement between representatives of the Ministry of Finance and the Chairman of the Governing Body of the autonomous organization on the financial matter beyond the delegated powers of the Ministry/Department of the Government of India, the matter shall be referred to the Ministry of the Administration Ministry concerned and the Finance Minister for a decision.

LEAVE

In the matter of various kinds of leave, the employees of the Institute shall be governed by the leave Rules of the Central Government.

Any alteration in the bye-laws or addition to shall require prior approval of the General Council of the AYJNISHD.

F.R., S.T., G.F.R., and Instructions issued by Government of India from time to time will be followed unless otherwise stated specifically in these bye-laws.

If any doubt arises about the interpretation of these bye-laws, the matter would be referred to Government of India whose decision thereof shall be final.