Institute of Correctional Administration

INSTITUTE OF CORRECTIONAL ADMINISTRATION, CHANDIGARH

                                                             

 No. AdO-ICA-95/581
Dated the March 7, 1995

The following rules for the management of the Institute of Correctional Administration, Chandigarh as approved by the Board of Management in their meeting held on the July 14, 1994 are hereby notified :-

1. These rules may be called the ‘Rules for the Management of the Institute of Correctional Administration, Chandigarh’.
Definitions :
In these rules, unless the context otherwise requires :-
(a) ‘Chairman’ means the Chairman of the Board of Management of the Institute of Correctional Administration, Chandigarh.
(b) ‘Director’ means the Director of the Institute of Correctional Administration, Chandigarh.
(c) ‘Board of Management. means the Management Committee of the Institute of Correctional Administration, Chandigarh.
(d) ‘Secretary’ means the Member Secretary of the Board of Management.
(e) ‘Appointing Authority’ in relation to any Post under the Institute means the authority competent to make appointments.

2. Name The name of the Institute shall be the Institute of Correctional Administration, Chandigarh.

3. Object : The objects for which the Institute is formed are :-
i) to impart training in Correctional Administration and allied subjects to all officers of Central / State Government and others, including those of Prisons, Police and Judicial Departments;
ii) to promote and provide for the study of Correctional Administration with special reference to Criminal Justice and the Machinery of Government and for educational and training purposes incidental thereto;
iii) to undertake, organize and facilitate study courses, conferences and lectures and research in matters relating to Correctional Administration and the machinery of Government;
iv) to undertake and provide for the publication of a journal and of research papers and books to impart training in and promote study of Correctional Administration;
v) to establish and maintain Libraries and Information Services to facilitate the study of Correctional Administration and spreading information in regard thereto;
vi) to cooperate with approved institutions and bodies for the purpose of helping the cause of Correctional Administration;
vii) to act as nodal institution for international cooperation in the field of Correctional Administration and allied subjects;
viii) to invest and deal with funds and money of the Institute;
ix) to construct, maintain, alter, improve or develop any buildings or works necessary or convenient for the purposes of the Institute;
x) to undertake and accept the management of any endowment or trust or donation;
xi) to establish a Provident Fund for the benefit of the employees of the Institute;
xii) to receive grant from Central Government / State Governments / Public Sector Undertakings and also donations from other sources with the approval of the Government of India, (MHA); and
xiii) to do all such lawful things as are conducive or incidental to the attainment of the above objects.

4. Management
The Management of the Institute shall vest in a Board of Management (hereinafter called Board) comprising of the following :-
1. Special Secretary / Additional Secretary holding supervisory Charge of CS Division Ministry of Home Affairs, Government of India New Delhi - Chairman
2. Joint Secretary (CS) Ministry of Home Affairs, Government of India New Delhi - Member
3. Financial Advisor (Home) Ministry of Home Affairs, Government of India New Delhi - Member
4. Director (R&D) Bureau of Police Research & Development Ministry of Home Affairs, Government of India New Delhi - Member
5. Secretary to the Government, Home Department or his nominee not below the rank of Head of Prisons Department Government of Punjab - Member
6. Secretary to the Government, Home Department or his nominee not below the rank of Head of Prisons Department Government of Haryana - Member
7. Secretary to the Government, Home Department or his nominee not below the rank of Head of Prisons Department Government of Himachal Pradesh - Member
8. Secretary to the Government, Home Department or his nominee not below the rank of Head of Prisons Department Government of Rajasthan - Member
9. Secretary to the Government, Home Department or his nominee not below the rank of Head of Prisons Department Government of Jammu and Kashmir - Member
10. Secretary to the Government, Home Department or his nominee not below the rank of Head of Prisons Department U.T. Administration, Chandigarh - Member
11. Secretary to the Government, Home Department or his nominee not below the rank of Head of Prisons Department Government of NCT of Delhi - Member
12. Director Regional Institute of Correctional Administration Vellore, Tamil Nadu - Member
113. Shri Chaman Lal, IPS (Retd.) Special Rapporteur National Human Rights Commission New Delhi - Member
14. Director, Institute of Correctional Administration Chandigarh - Member

The Board shall meet at such place as may be chosen by the Board at least once in every six months. The quorum for the meeting of the Board shall be one half of the total members of the Management Committee. In the event of any difference of opinion amongst the members of the Board on an issue arising in a meeting, the majority opinion shall prevail. In the event of equal decision of votes, on an issue, the Chairman shall have the right to exercise his casting vote.

The meeting shall be presided by the Chairman and in his absence, by a member designated by the Chairman. The Board may invite any expert on Correctional Administration or any other authority dealing with the same to attend any meeting as a special invitee for consultation and advice but will have no right to vote.

5. Tenure of Membership
(a) When a person becomes a member of the Management Committee by reasons of the office he holds his membership shall terminate when he ceases to hold that office.
(b) Other members nominated by the Board of Management shall continue to be members for a tenure of two years.

6. Office Bearers
(a) The Chairman and Member Secretary shall be the office bearers. There shall be a Director of the Institute who shall also function as Member Secretary of the Board of Management.
(b) Duties of the Office Bearers
(c) Chairman He shall preside at all the meetings of the Board of Management and he may call meeting of the Board of Management and other meetings through the member secretary and shall perform such duties as are attached to his office.
(i) Member Secretary Member Secretary will be the Chief Executive of the Institute. The day to day functioning and the administration of the Institute shall be looked after by him. He shall carry out the Management of the whole of the affairs of the Institute subject to the Superintendence and control of the Management.

7. Powers and Functions of the Board of Management
(i) To carry out all functions and acts in furtherance of the aims and objects of the Institute.
(ii) To hold in its own name or cause to be held in trust for the Institute the properties, equipments and other materials used in conducting the activities of the Institute.
(iii) To grant affiliation to Institutions / organizations having similar objectives.
(iv) To make rules or Bye-laws for the management of the Institute and from time to time, amend or parcel any bye-law, rules or regulations for the time being in force. (v) To delegate any of its powers to sub-committee, formation of al sub committee, its Chairman and quorum etc. etc.
(vi) To carry out the general Administration of the Institute.
(vii) To decide cases of indiscipline, misconduct, complaints, breach of regulations, interpretation thereof where necessary.
(viii) To appoint staff and fix their remuneration, where required.
(ix) To assist, advise and arrange for the training of suitable individuals to carry out the aims and objectives of the Institute.
(x) To consider the Annual Report of the Institute.
(xi) To consider and approve the annual Account of the Institute.

8. Meeting of the Board of Management.
(a) The Board of Management may meet for the despatch of business, adjourn and otherwise, regulate its meetings as it thinks fit. Minimum one meeting must be held in six months.
(b) The Board of Management shall meet whenever the Chairman shall call a meeting of the Board of Management or upon written requisition of not less than three members specifying the subject of the meeting proposed to be called.
(c) In case of extreme urgency, a decision of Board of Management may be taken by circulation when the meeting of the Board of Management cannot be convened. Any decision arrived at by circulation shall have the approval of such number of members as required for quorum. Such decision shall have to be placed before the next meeting of the Board of Management for confirmation.

9. Executive Committee : Composition : Out of the members of the Board of Management, the following shall constitute Executive Committee.
(a) Chairman of the Board of Management or representative of Govt. of India not below the rank of JS.
(b) Member-Secretary or the Board of Management.
(c) Financial Advisor Home or his representative.
(d) The representative of the Prison Department of the States / UTs would be member of Executive Committee for a period of one year by rotation.

10. Functions and Meeting of the Executive Committee :
(a) The Executive Committee will exercise all or any of the powers and functions of the Board of Management as may be delegated to it, subject to general Superintendence, Management. The matters referred to in rule 7(iv) shall however be passed by the Board of Management in which at least one – half of the total members of the Management are present.
(b) The Executive Committee shall meet as often as necessary and at least once in two months.
(c) The quorum for the meeting of the Executive Committee would be 1/3rd of the total strength of the members of the Executive Committee or atleast three members whichever is more.
(d) In case of differences of opinion amongst the members, the opinion of the majority shall prevail.
(e) Each member of the Executive Committee including the Chairman shall have one vote and in case of any equality of votes on any question, the Chairman will have the additional casting vote.
(f) No meeting of the Executive Committee can proceed to transact any business unless the Chairman or his representative of Government of India not below the rank of JS and the Member Secretary are present.
(g) In case of extreme urgency a decision of the Executive Committee may be taken by circulation when the meeting of the Executive Committee cannot be convened. Any decision so arrived at shall have the approval of such number of members as fixed for the quorum of the meeting. Such a decision shall have to be placed before the next meeting of the Executive Committee for confirmation.
(h) The decisions of the Executive Committee shall be placed before the Board of Management for information.

11. Board of Studies The Board of Studies shall consist of Chairman of the Board of Management with Member Secretary, Chairperson of National Commission for Women, Director, Institute of Social Defence as its members. One member of the participating States / UTs for a period of one year by rotation shall also be taken as a member of the Board. It shall be open to the Board to associate any expert or subject matter specialist.

12. Location : The Institute shall function at Chandigarh.

13. Area of Operation The area of operation of the Institute shall be such as may be determined by the Board of Management from time to time.

14. Land and Building The building of the Institute shall be located at Chandigarh and it shall be property of the Institute and shall be maintained by it in accordance with the directions of the Board of Management.

15. Office Administration : The Institute shall be administered by a Director assisted by other whole-time or part-time staff as approved by the Board. The duties and responsibilities assigned to the staff shall be such as may be defined by the Director.

16. Appointment of Personnel to the Posts : The appointment to various Class (III and IV) posts shall be made by the Director either by promotion or by transfer / deputation or by direct recruitment.

17. Creation of Posts (i) The Board of Management may direct :
a) The creation of any new grade or category of posts;
b) The abolition of any grade or category of posts; or
c) the transfer of any category of posts from one grade to another.

18. Appointing Authorities Appointment to a post under the Institute shall be made :- (I) in the case of a post in Grade-I, & II by the Director on the basis of the selection made by the Board of Management and (ii) in the case of a post in other grades by the Director.

19. Method of Recruitment :
(i) Recruitment to a post under the Institute may be made : a) by promotion or b) by taking a person on deputation or c) by direct recruitment, or d) on payment of a fixed honorarium
(ii) The appointing authority shall in each case determine the method by which a vacancy shall be filled.

20. Recruitment or appointment to the posts in the Institute shall be made in accordance with the conditions of service as may be prescribed by the rules to be made by the Board.

21. Scale of Pay The scales of pay for the post under Institute shall carry scales of pay as are admissible to Central Government Employees. The other service conditions of the employees of the Institute shall be such as are applicable to the Central Government employees.

22. Financial, Budgetary and Accounts Matters. (I) The budget estimates of the Institute for each financial year shall be prepared by the Director with such explanatory notes and recommendations as may be necessary for consideration at a meeting of the Board to be held before the 31st December of the preceding financial year. The Board shall consider the Budget estimates and may approve them or offer such comments or suggest such changes as it may consider necessary and appropriate. (II) The budget estimates of each financial year as approved by the Board and accepted by the Central Government shall be reviewed and revised at the time of preparation of the budget estimates for the ensuing financial year and submitted to the Board and Central Government along with the Budget estimates of the ensuing financial year.

23. Bank Account and Withdrawls The bankers of the society shall be any nationalized Bank of India. All the moneys at the disposal of the Institute shall be deposited into the account of the Institute in the Bank or any other undertaking of the Central Government and shall not be withdrawn except on cheque signed by the Director or an authority duly named and empowered by him to the extent authorized by him.

24. Maintenance of Accounts The accounts of the Institute shall be maintained by the Director in accordance with the normal commercial principles of double entry book keeping and all the necessary accounts, documents and books shall be maintained in accordance with common commercial practice.

25. Audit The accounts of the Institute shall be got audited annually by the Chartered Accountants to be appointed by the Director.

26. Submission of Audited Account The audited accounts of the Institute together with the auditors report thereon shall be placed before the Board. The accounts approved by the Board shall be forwarded to the Central Government.

27. Purchase of Equipments Stores Items of equipment, materials furnishing, fixtures, stationery and other articles and stores required by the Institute shall as far as possible be purchased as per procedure laid down in G.F.R. Provided where the articles of stores to be purchased are of a proprietory nature and are available only from a limited sources, the purchase may be made by means of direct negotiations with that source of supply.

28. Contracts All contracts to be executed by the Institute shall be executed on behalf of the Institute.

29. Dissolution : Upon the dissolution of the society, the property remaining after all debts and liabilities have been satisfied, shall be transferred to some other society to be determined by the Board of Management in a meeting by votes of not less than three – fifths of the members present personally or in default thereof by a court of competent jurisdiction.

Sanjay Kothari Director,
Institute of Correctional Administration-cum- Member Secretary, of the Board of Management