National Institute of Chemical Physics and Biophysics Act
Passed 29.10.1998
RT I 1998, 101, 1664
Entry into force 30.11.1998
Amended by the following legal instruments (show)
| Passed | Published | Entry into force |
|---|---|---|
| 29.01.2002 | RT I 2002, 21, 117 | 04.03.2002 |
| 05.06.2002 | RT I 2002, 53, 336 | 01.07.2002 |
| 12.06.2002 | RT I 2002, 57, 357 | 01.08.2002 |
| 19.06.2002 | RT I 2002, 61, 375 | 01.08.2002 |
| 16.10.2002 | RT I 2002, 90, 521 | 01.01.2003 |
§ 1. Purpose of Act
This Act provides for the legal bases for the activities of the National Institute of Chemical Physics and Biophysics as a research centre.
§ 11. Application of Administrative Procedure Act
The provisions of the Administrative Procedure Act (RT I 2001, 58, 354) apply to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
§ 2. Legal status
(1) The National Institute of Chemical Physics and Biophysics is a legal person in public law.
(2) The National Institute of Chemical Physics and Biophysics shall operate pursuant to this Act, the Organisation of Research and Development Act (RT I 1997, 30, 471), its statutes and other legislation.
(3) The statutes of the National Institute of Chemical Physics and Biophysics and the amendments thereto shall be approved by the research council and registered by the Ministry of Education and Research. The statutes and the amendments thereto shall enter into force as of the moment of registration.
(16.10.2002 entered into force 01.01.2003 - RT I 2002, 90, 521)
(4) The National Institute of Chemical Physics and Biophysics is dissolved by an Act.
(05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336)
(5) The National Institute of Chemical Physics and Biophysics shall be registered in the state register of state and local government agencies pursuant to the procedure provided for in the statutes of the register.
(12.06.2002 entered into force 01.08.2002 - RT I 2002, 57, 357)
§ 3. Functions
(1) The National Institute of Chemical Physics and Biophysics shall carry out fundamental and applied research and shall engage in the development of the novel directions in material sciences, gene technology and biotechnology, environmental technology and informatics.
(2) The National Institute of Chemical Physics and Biophysics shall assist in the preparation of a new generation of scientists pursuant to the association and other agreements with universities and other academic institutions.
(3) The National Institute of Chemical Physics and Biophysics shall participate in national and international research and development through national, European and international programmes and agreements and application for research and development grants.
§ 4. Organisation of management
The management bodies of the National Institute of Chemical Physics and Biophysics are the head and the research council.
§ 5. Head
(1) The National Institute of Chemical Physics and Biophysics is directed by the head who is elected on the basis of the results of the public competition by the research council of the National Institute of Chemical Physics and Biophysics and with whom the eldest member of the research council enters into a contract of employment for five years on behalf of the National Institute of Chemical Physics and Biophysics.
(2) An Estonian citizen who is proficient in the official language to the extent provided by law, who has been awarded a doctorate in Estonia or who has acquired an academic degree equal thereto in another country and who is less than 65 years of age may be a candidate for the position of head.
(3) The head shall be elected from among the candidates who comply with the requirements provided for in subsection (2) of this section pursuant to the procedure provided in the statutes of the National Institute of Chemical Physics and Biophysics.
§ 6. Competence of head
(1) The head shall:
1) ensure that research and development activities are organised in an expedient manner;
2) represent the National Institute of Chemical Physics and Biophysics in all legal acts within the limits of the authorisation granted by this Act, other legislation and the statutes of the National Institute of Chemical Physics and Biophysics;
3) report to the research council;
4) approve the internal work procedure rules, the documentary procedure rules and the accounting policies and procedures of the National Institute of Chemical Physics and Biophysics;
5) enter into contracts of employment with the employees of the National Institute of Chemical Physics and Biophysics and determine their remuneration;
6) organise implementation of the decisions of the research council;
7) determine the right of representation and the functions of the deputy heads and the research secretary;
8) be responsible for all the activities and the development of the National Institute of Chemical Physics and Biophysics, and for the legitimate and expedient use of financial resources;
9) ensure that the draft budget of the National Institute of Chemical Physics and Biophysics is prepared;
10) ensure that the budget of the National Institute of Chemical Physics and Biophysics is implemented;
11) perform other tasks placed within his or her competence pursuant to law and the statutes of the National Institute of Chemical Physics and Biophysics.
(2) The head shall issue orders and directives within the limits of his or her competence.
§ 7. Research council
(1) The research council is a collegial decision-making body of the National Institute of Chemical Physics and Biophysics, consisting of 19 members. The following shall belong to the research council:
1) the head;
2) deputy heads;
3) the research secretary;
4) the leading scientists of the National Institute of Chemical Physics and Biophysics and related specialities.
(2) Members of the research council shall elect the chairman and deputy chairman of the council from among the persons specified in clause (1) 4) of this section.
(3) The term of authority of the chairman and deputy chairman of the research council is five years. The term of authority of the members of the research council who are specified in clause (1) 4) of this section is three years.
(4) The authority of a member of the research council terminates upon expiry of the term, leaving the position, resignation or withdrawal due to death. A vacant position of member of the research council shall be filled by election pursuant to the procedure prescribed in the statutes of the National Institute of Chemical Physics and Biophysics. Each member of the research council has the right to put forward a candidate member for the research council.
§ 8. Competence of research council
The research council shall:
1) approve the main directions of the activities of the National Institute of Chemical Physics and Biophysics and exercise supervision over the implementation thereof;
2) approve the statutes of the National Institute of Chemical Physics and Biophysics and make amendments thereto;
3) approve the reports on the research and development of the National Institute of Chemical Physics and Biophysics and other reports;
4) make decisions on issues relating to the assets of the National Institute of Chemical Physics and Biophysics to the extent and pursuant to the procedure provided for in this Act;
5) make decisions on the issues related to the taking of loans;
6) determine the procedure for the conduct of internal audit of the activities of the National Institute of Chemical Physics and Biophysics;
7) elect the tenured members of the research staff of the National Institute of Chemical Physics and Biophysics;
8) make proposals to universities regarding the organisation of research and development;
9) submit outstanding research for application for awards.
§ 9. Work format of research council
(1) The work format of the research council is a session.
(2) The research council shall meet as required but not less frequently than once per quarter. A session shall be convened by the chairman or, in the absence of the chairman, by the deputy chairman of the council. The agenda of a session of the research council shall be communicated to the members of the research council in writing at least ten days before the session is held.
(3) The research council has a quorum if at least ten members of the research council are present, including the chairman or deputy chairman.
(4) The research council shall adopt decisions by a simple majority of the members present. Upon equal division of votes, the vote of the chairman or the deputy chairman substituting for the chairman prevails. The decision shall be signed by the chairman or, in the absence of the chairman, by the deputy chairman.
(5) The decisions of the research council shall be communicated to the employees of the National Institute of Chemical Physics and Biophysics and the Ministry of Education and Research.
(16.10.2002 entered into force 01.01.2003 - RT I 2002, 90, 521)
(6) The more specific work format of the research council shall be provided for in the statutes of the National Institute of Chemical Physics and Biophysics.
§ 10. Structure
The structure of the National Institute of Chemical Physics and Biophysics shall include scientific, administrative and economic subordinate units.
§ 11. (Repealed - 05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336)
§ 12. Financing
(1) The activities of the National Institute of Chemical Physics and Biophysics shall be financed from the state budget and from other sources.
(2) The National Institute of Chemical Physics and Biophysics has the right to provide services related to the activities as specified in its statutes for a charge to other persons and any revenue received therefrom shall accrue to the budget of the National Institute of Chemical Physics and Biophysics.
(3) The head shall dispose of the funds of the National Institute of Chemical Physics and Biophysics under the conditions and pursuant to the procedure established by the research council.
§ 13. Budget
(1) A balanced budget shall be prepared concerning all revenue and expenditure of the National Institute of Chemical Physics and Biophysics.
(2) The budget of the National Institute of Chemical Physics and Biophysics and the report on its implementation shall be approved by the research council.
§ 14. Reporting and auditing
(1) The National Institute of Chemical Physics and Biophysics shall keep accounts and statistical records of the use of its assets and funds pursuant to the procedure established by law.
(2) The Ministry of Finance shall verify whether the state funds allocated to the National Institute of Chemical Physics and Biophysics for research and development are used for their intended purpose. The State Audit Office shall audit the activities of the National Institute of Chemical Physics and Biophysics pursuant to the State Audit Office Act.
(29.01.2002 entered into force 04.03.2003 - RT I 2002, 21, 117)
§ 15. State supervision
(1) State supervision over the legality of the activities of the National Institute of Chemical Physics and Biophysics shall be exercised by the Ministry of Education and Research.
(16.10.2002 entered into force 01.01.2003 - RT I 2002, 90, 521)
(2) The Minister of Education and Research has the right to suspend an illegal act of the research council or the head or the validity of a legal act and issue precepts for the elimination of deficiencies of the act or legal instrument.
(16.10.2002 entered into force 01.01.2003 - RT I 2002, 90, 521)
§ 16. Implementation of Act
(1) The statutes of the National Institute of Chemical Physics and Biophysics shall be brought into conformity with this Act within three months after the entry into force of this Act.
(2) After the entry into force of this Act, the council of the National Institute of Chemical Physics and Biophysics shall, at the first session, elect the chairman and deputy chairman of the research council and shall organise he approval of the members pursuant to § 7 of this Act.
(3) The research council shall announce a public competition to elect head of the National Institute of Chemical Physics and Biophysics three months after the entry into force of this Act.
(4) The administrator of state assets specified by the Government of the Republic shall transfer the movable property in the possession and use and necessary for the activities of the National Institute of Chemical Physics and Biophysics to the ownership of the National Institute of Chemical Physics and Biophysics not later than within three months after the entry into force of this Act. Immovable property in the possession and use of the National Institute of Chemical Physics and Biophysics shall be transferred to the National Institute of Chemical Physics and Biophysics pursuant to the procedure prescribed in the State Assets Act (RT I 1995, 22, 327; 1996, 36, 738; 40, 773; 48, 942; 81, 1446; 1997, 45, 724; 1998, 30, 409).
(5) The name of Keemilise ja Bioloogilise Füüsika Instituut in English is the National Institute of Chemical Physics and Biophysics.
1RT = Riigi Teataja = State Gazette
Facebook
Twitter