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SCIENCE AND ENGINEERING RESEARCH BOARD ACT

Ministry of Law and Justice

Act nº 9 of 2009


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Act nº 9 of 2009

Preamble

THE SCIENCE AND ENGINEERING RESEARCH BOARD ACT, 2008

[Act No. 9 of 2009]

[17th January, 2009]

PREAMBLE

An Act to provide for the constitution of a Board for promoting basic research in Science and Engineering and to provide financial assistance to persons engaged in such research, academic institutions, research and development laboratories, industrial concerns and other agencies for such research and for matters connected therewith or incidental thereto.

Be it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:--

Chapter I

Section 1. Short title and commencement

(1) This Act may be called the Science and Engineering Research Board Act, 2008.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Definitions

In this Act, unless the context otherwise requires,--

(a) "Board" means the Science and Engineering Research Board constituted under sub-section (1) of section 3;

(b) "Chairperson" means the Chairperson of the Board;

(c) "Fund" means the Fund for Science and Engineering Research constituted under sub-section (1) of section 10;

(d) "member" means a member of the Board and includes the Chairperson;

(e) "Oversight Committee" means the Oversight Committee of Experts constituted under sub-section (1) of section 5;

(f) "prescribed" means prescribed by rules made under this Act;

(g) "Secretary" means the Secretary of the Board appointed under sub-section (1) of section 4.

Chapter II

Section 3. Constitution and incorporation of Board

(1) The Central Government shall, by notification in the Official Gazette, constitute, for the purposes of this Act, a Board to be called the Science and Engineering Research Board.

(2) The Board shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to contract and shall, by the said name, sue and be sued.

(3) The Board shall consist of the following persons, namely:--

(a) Secretary to the Government of India in the Department of Science and Technology, ex officio--Chairperson;

(b) Member-Secretary, Planning Commission, ex officio--Member;

(c) Secretary to the Government of India in the Department of Biotechnology, ex officio--Member;

(d) Secretary to the Government of India in the Department of Scientific and Industrial Research, ex officio--Member;

(e) Secretary to the Government of India in the Ministry of Earth Sciences, ex officio--Member;

(f) Secretary to the Government of India in the Department of Expenditure, Ministry of Finance or his nominee, ex officio--Member;

(g) Secretary to the Government of India in the Department of Health Research, ex officio--Member;

(h) not more than three members to be appointed by the Central Government from amongst persons having experience in scientific research in different disciplines in academic institutions;

(i) not more than three members to be appointed by the Central Government from amongst persons having experience in scientific research in different disciplines in Government research laboratories;

(j) not more than four members to be appointed by the Central Government from amongst persons having experience in scientific research in different disciplines in the industry, international projects on science and technology, socio-economic sectors and other Government research laboratories.

(4) The Head Office of the Board shall be at Delhi or in the National Capital Region.

(5) The qualifications and experience, term of office and allowances of the members specified in clauses (h) to (j) of sub-section (3) shall be such as may be prescribed.

(6) The Chairperson shall, in addition to presiding over the meetings of the Board, exercise and discharge such powers and duties, as may be prescribed or delegated to him by the Board.

(7) No act or proceeding of the Board shall be invalidated merely by reason of--

(a) any vacancy in, or any defect in the constitution of, the Board;

(b) any defect in the appointment of a person acting as a member of the Board;

(c) any irregularity in the procedure of the Board not affecting the merits of the case.

Section 4. Secretary and other officers and employees of Board

(1) The Board may appoint an eminent Scientist not below the rank of Additional Secretary to the Government of India as the Secretary of the Board, in consultation with the Central Government.

(2) The Board may appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this Act.

(3) The qualifications and experience, terms and conditions of service including salary and allowances of the Secretary and other officers and employees of the Board shall be such as may be specified in the regulations made by the Board.

(4) The Board may engage the services of personnel, both from within and outside the country as consultants, visiting scientists on such terms and conditions and remunerations as may be specified in the regulations made by the Board and shall facilitate their operations within the country.

Section 5. Oversight Committee of Experts

(1) Subject to the rules made in this behalf, the Board shall constitute an Oversight Committee of Experts consisting of experts, eminent scientists and academics to advise and assist the Board.

(2) The Oversight Committee shall consist of the following persons, namely:--(i) a scientist of eminence and international repute-- Chairperson;

(ii) Secretary to the Government of India in the Department of Science and Technology, ex officio--Vice-Chairperson;

(iii) Presidents of Indian National Science Academy, Indian Academy of Sciences and Indian National Academy of Engineering, ex officio--Members;

(iv) not more than three members to be appointed by the Central Government from amongst distinguished experts in different areas of science and technology; and

(v) Secretary to the Board, ex officio--Member.

Section 6. Committees of Board

(1) Subject to the rules made in this behalf, the Board may appoint such committees as may be necessary for the efficient discharge of its duties and performance of its functions under this Act.

(2) The Board shall have the power to co-opt as members of any committee appointed under sub-section (1), such number of persons who are not members of the Board as it may think fit, and the person so co-opted shall have the right to attend the meetings of the committee, and take part in the proceedings of the committee.

Section 7. Powers and functions of Board

(1) The Board shall serve as a premier multi-disciplinary research funding agency for planning, promoting and funding basic research in the emerging areas of science and engineering.

(2) The powers and functions of the Board shall, inter alia, include--

(i) serving as a premier multi-disciplinary research agency for planning, promoting and funding of internationally competitive research in emerging areas;

(ii) considering and taking decisions on the recommendations and suggestions made by the Oversight Committee;

(iii) identifying major inter-disciplinary research areas, and individuals, groups or institutions and funding them for undertaking research;

(iv) evolving nationally coordinated programmes in various identified areas involving institutions that will have a multiplier effect in promoting research;

(v) assisting in setting up infrastructure and environment for scientific pursuit;

(vi) achieving synergy between academic institutions, research and development laboratories and industry for promoting basic research in science and engineering;

(vii) evolving a management system to speedily provide for funding research, including monitoring and evaluation, by adopting modern management practices;

(viii) evolving participation in international collaborative projects, wherever necessary or desirable; and

(ix) taking over and continuance of the basic research projects and programmes undertaken or funded by the Central Government under the existing Science and Engineering Research Council scheme.

(3) The Board may provide financial assistance for the purposes specified in subsection (2), in the form of grants and loans to individuals, academic institutions, research and development laboratories, industries and other organisations.

Chapter III

Section 8. Application for availing of financial assistance

(1) An application for availing of financial assistance for the purposes specified in sub-section (1) of section 7 shall be made to the Board in such form as may be prescribed.

(2) The Board may, after examining the application and after making such enquiries or seeking such clarifications as it considers necessary, by order in writing, either sanction the financial assistance or refuse the same.

Chapter IV

Section 9. Grants and loans by Central Government

The Central Government may, after due appropriation made by Parliament by law, in this behalf, make to the Board grants and loans of such sums of money as that Government may consider necessary.

Section 10. Fund for Science and Engineering Research

(1) There shall be constituted a Fund to be called the Fund for Science and Engineering Research and there shall be credited to the Fund--

(a) any grants and loans made to the Board by the Central Government under section 9;

(b) all sums received by the Board including donations from any other source;

(c) recoveries made of the amounts granted from the Fund; and

(d) any income from investment of the amount of the Fund.

(2) The Fund shall be applied for meeting--

(a) expenses on the object and for the purposes authorised by this Act;

(b) salaries, allowances and other expenses of the members, officers and other employees of the Board;

(c) remunerations of the consultants and visiting scientists; and

(d) expenses of the Board in the discharge of its functions under this Act.