INDIAN STATISTICAL INSTITUTE ACT 1959
THE INDIAN STATISTICAL INSTITUTE ACT, 1959
ACT No. 57 OF 1959
An Act to declare the institution known as the Indian StatisticalInstitute having at present its registered office in Calcutta to be aninstitution of national importance and to provide for certain matters connectedtherewith
BE it enacted by Parliament inthe Tenth Year of the Republic India as follows: –
1.Short title and commencement: (1) This Act may be called theIndian Statistical Institute Act, 1959.
(2) It shall come into force onsuch date 1 as the Central Government may, by notification inthe Official Gazette, appoint.
1. 1-4-1960 – Vide NotificationNo.S.O.584, dated 2–3–1960, see Gazette of India, Part II,section 3 (ii), Extraordinary , page 905.
2.Definitions: In this Act, unless the context otherwise requires,–
(a) "Institute" meansthe Indian Statistical Institute registered under the Societies RegistrationAct, 1860 (21 of 1860);
(b) "memorandum"means the memorandum of association of the Institute filed with the Registrarof Joint–Stock Companies under the Societies Registration Act, 1860 (21of 1860);
(c) "rules andregulations" includes any rule or regulation (by whatever name called)which the Institute is competent to make in the existence of the powersconferred on it under the Societies Registration Act, 1860 (21 of 1860), butshall not include any bye–laws or standing orders made under the rulesand regulations for the conduct of its day–to–day administration.
3.Declaration of the Indian StatisticalInstitute as an institution of national importance: Whereas the objects of theinstitution known as the Indian Statistical Institute are such as to make it aninstitution of national importance, it is hereby declared that the IndianStatistical Institute is an institution of national importance.
4.Grant of degrees and diplomas byInstitute: Notwithstandinganything contained in the University Grants Commission Act, 1956 (3 of 1956),or in any other law for the time being in force, the Institute may hold suchexaminations and grant such degrees and diplomas in 1 [statistics, mathematics, quantitative economics, computerscience and such other subjects related to statistics] as may be determined bythe Institute from time to time.
1. Substituted for the word"statistics" by the Indian Statistical Institute (Amendment) Act,1995 (38 of 1995) Section 2.
5.Grants, loans, etc., byCentral Government to the Institute: For the purpose of enabling the Institute todischarge efficiently its functions, including research, education, training,project activities and statistical work relating to planning for nationaldevelopment, the Central Government may, after due appropriation made byparliament by law in this behalf, pay to the Institute in each financial yearsuch sums of money as that Government considers necessary by way of grant, loanor otherwise.
6.Audit of accounts of theInstitute: (1) Theaccounts of the Institute shall be audited by auditors duly qualified to act asauditors of companies under the Companies Act, 1956 (1 of 1956), and theInstitute shall appoint such auditors as the Central Government may, afterconsultation with the Comptroller and Auditor–General of India and theInstitute, select.
(2) The Central Government mayissue such directions to the auditors in the performance of their duties as itthinks fit.
(3) Every such auditor in theperformance of his duties shall have at all reasonable times access to theregisters, books of account, records and other documents of the Institute.
(4) The auditors shall submittheir report to the Institute and shall also forward a copy thereof to theCentral Government for its information.
7.Prior approval of Central Governmentnecessary for certain action by Institute: Notwithstanding anything contained in the SocietiesRegistration Act, 1860 (31 of 1860), or in the memorandum or rules andregulations, the Institute shall not, except with the previous approval of theCentral Government, –
(a) alter, extend or abridgeany of the purposes for which it has been established or for which it is beingused immediately before the commencement of this Act, or amalgamate itselfeither wholly or partially with any other institution or society; or
(b) alteror amend in any manner the memorandum or rules and regulations; or
(c) sellor otherwise dispose of any property acquired by the Institute with moneyspecifically provided for such acquisition by the Central Government;
Provided that no such approvalshall be necessary in the case of any such movable property or class or movableproperty as may be specified by the Central Government in this behalf bygeneral or special order; or
8.Constitution of Committees byCentral Government for preparing programme of work by the Institute, etc: (1) The Central Government mayconstitute as many Committees as and when it considers necessary consisting ofsuch number of persons as it thinks fit to appoint thereto and assign to eachsuch Committee all or any of the following duties, namely:
(a) the preparation andsubmission to the Central Government as far as possible before the commencementof each financial year, of statements showing programmesof work agreed to be undertaken by the Institute during that year for which theCentral Government may provide funds, as well as general financial estimates inrespect of such work; and
(b) thesettlement on broad lines of the programme of such work.
(2) Where the Institute doesnot agree to undertake any work suggested by any Committee referred to in sub–section(1), it shall give to the Central Government its reasons for not so agreeing.
9.Review of work done,Inspection of assets, etc: (1) The Central Government may constitute a Committee consistingof such number of persons as it thinks fit to appoint thereto for the purposeof –
(a) reviewingthe work done by the Institute and the progress made by it;
(b) inspectingits buildings, equipment and other assets;
(c) evaluatingthe work done by the Institute; and
(d) advisingGovernment generally on any matter which in the opinion of the CentralGovernment is of importance in connection with the work of the Institute;
and the Committee shall submit itsreports thereon in such manner as the Central Government many direct.
(2) Notice shall be given inevery case to the Institute of the intention to cause a review, inspection orevaluation to be made, and the Institute shall be entitled to appoint arepresentative who shall have the right to be present and be heard at suchreview, inspection or evaluation.
(3) The Central government mayaddress the Chairman of the Institute with reference to the result of suchreview, inspection or evaluation as disclosed in any report of the Committeereferred to in sub–section (1), and the Chairman shall communicate tothe Central Government the action, if any, taken thereon.
(4) When the Central governmenthas, in pursuance of sub–section (3), addressed the Chairman of theInstitute in connection with any matter, and the Chairman does not within areasonable time take action to the satisfaction of the Central Government inrespect thereof, the Central Government may, after considering any explanationsfurnished or representations made on behalf of the Institute, issue such directionsas it considers necessary in respect of any of the matters dealt with in thereport.
10.Instituteto afford facilities to Committees: The Institute shall be bound to afford all necessaryfacilities to any Committee constituted under section 8 or section 9 for thepurpose of enabling it to carry out its duties.
11.Power to issue directions toInstitute: (1) TheCentral Government may, if it is satisfied that it is necessary so to do in thepublic interest, issue, for reasons to be recorded and communicated to theInstitute, such directions as it thinks fit to the Institute, and suchdirections may include directions requiring the Institute –
(a) toamend the memorandum or to make or amend any rule or regulation within suchperiod as may be specified in the directions;
(b) togive priorities to the work undertaken or to be undertaken by the Institute insuch manner as the Central Government may think fit to specify in this behalf.
(2) Any directions issued underthis section shall have effect, notwithstanding anything contained in any lawfor the time being in force or in the memorandum or rules and regulations ofthe Institute.
12.Powerof Central Government to assume functions of control: (1) If, in the opinion of theCentral Government, –
(i) the Institute without justor reasonable cause has made default in giving effect to any direction issuedunder sub–section (4) of section 9 or section 11; or
(ii) theCouncil of the Institute has exceeded or abused its powers in relation to theInstitute or any part thereof;
the Central Government may, bywritten order, direct the Institute within a period to be specified in theorder to show cause to the satisfaction of the Central Government against themaking of any appointment referred to in sub–section(2).
(2) If, within the period fixedby any order issued under sub–section (1), cause is not shown to thesatisfaction of the Central Government, the Central Government may, by orderpublished in the Official Gazette and stating the reasons therefor,appoint one or more persons to take charge of the Institute or any part thereoffor such period not exceeding two years as may be specified in the order.
(3) Notwithstanding anythingcontained in any law for the time being in force or in the memorandum or rulesand regulations of the Institute, on the issue of an order under sub–section(2), during the period specified in that order, –
(a) wherethe order provides for any person or persons being in charge of the Institute–
(i) allpersons holding office as Members of the Council, including the Chairman, shallbe deemed to have vacated their offices as such;
(ii) the person or personsappointed under sub–section (2) to be in charge of the Institute shallexercise all the powers and perform all the duties of the Chairman or Councilof the Institute, whether at a meeting or otherwise, in respect of theInstitute;
(b) wherethe order provides for any person or persons being in charge of any part of theInstitute, the person or persons so appointed shall alone be entitled toexercise all the powers and perform all the duties of the Chairman or Councilin relation to that part.