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Institute Of Science And Technology – Austria

Original Language Title: Institute of Science and Technology - Austria

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69. Bundesgesetz über das Institute of Science and Technology-Austria

The National Council has decided:

table of contents

§ 1. Establishment and legal status

§ 2. Objectives and Principles

§ 3. Financing

§ 4. Annual estimates, building and accounting

§ 5. Quality assurance

§ 6. Kuratorium (board of trustees)

§ 7. President or President (President)

§ 8. Managing director or managing director

§ 9. Scientific Board (scientific board)

§ 10. Staff

§ 11. PhD Programs

§ 12. Effect of the legal status

§ 13. Supervision

§ 14. Enforcement

Establishment and legal status

§ 1. (1) The Institute of Science and Technology-Austria shall be established as a post-graduate scientific institution.

(2) The Institute of Science and Technology-Austria is a legal person under public law with its own legal personality and administers its affairs within the framework of this federal law itself.

Objectives and principles

§ 2. (1) The Institute of Science and Technology-Austria serves top-level research in the field of basic research. It is called to open up and develop new research fields. The teaching serves as a high-quality postgraduate education in the form of PhD programmes and post-doc programmes.

(2) The Institute of Science and Technology-Austria is guided by the following principles:

1.

Freedom of science and its teaching (Art. 17 of the State Basic Law on the general rights of citizens, RGBl. No 142/1867),

2.

independence in all scientific matters, as well as in the areas of organisation, management and personnel selection,

3.

Research on the basis of the highest internationally recognised standards,

4.

Recruitment of highly qualified research personnel worldwide,

5.

Training of highly qualified young researchers,

6.

International orientation in research and teaching,

7.

Participation in the development of "spin-offs",

8.

Intensive cooperation with university and non-university academic and research institutions in Germany and abroad.

Financing

§ 3. (1) According to the agreement between the Federal Government and the Land of Lower Austria on the establishment and operation of the Institute of Science and Technology-Austria together with the appendix, the Federal Government, together with the Land of Lower Austria, is the holder of the Institute of Science and Technology (Austria). Science and Technology-Austria.

(2) The expenses for the establishment and operation of the Institute of Science and Technology-Austria in accordance with the respective annual estimates shall be covered, in particular, from the following sources of financing:

1.

partial financing by the Federal Government, at least in the amount of the partial financing by the Land of Lower Austria pursuant to Art. 15a B-VG Agreement,

2.

Partial financing by the Land of Lower Austria pursuant to Art. 15a B-VG Agreement,

3.

Partial financing by third parties,

4.

Partial financing by own revenue.

The specific contributions of the Federal Government and the Land of Lower Austria are governed by Article 15a B-VG Agreement.

(3) The Institute of Science and Technology-Austria is entitled to raise a corresponding fee for the financing of the teaching performance of the PhD programmes. The withdrawal of the fee is no longer required if the right to study grants is based on the Law on the Promotion of Studies in 1992.

Annual estimates, building and accounting

§ 4. (1) The Institute of Science and Technology-Austria shall make the annual estimates, the building and accounting in accordance with the principles of legality, economic efficiency, expediency, economy and transparency.

(2) The Institute of Science and Technology-Austria has free its revenues.

(3) The building is carried out in its own name and on its own account.

(4) The Federal Government does not assume any liability for liabilities of the Institute of Science and Technology-Austria.

(5) The President or President of the Board of Trustees (board of trustees) shall, by 30 April, have the annual estimates for the following year and the preview of the following two years, the annual performance report and the annual report. To present the clearance of accounts together with the audit report of an auditor or auditor.

(6) The building of the Institute of Science and Technology-Austria is subject to the audit by the Court of Auditors.

Quality assurance

§ 5. (1) The Institute of Science and Technology-Austria has set up quality assurance procedures based on the internationally applicable standards for top-level research facilities.

(2) The activities of the Institute of Science and Technology-Austria shall be evaluated at a distance of four years. The evaluation reports shall be submitted to the National Council by means of the Federal Government.

Kuratorium (board of trustees)

§ 6. (1) The Board of Trustees has the following tasks:

1.

approval of the organisational statute and strategic direction, on a proposal from the President or the President,

2.

Appointment of the President or President and convening of the President on important grounds; the Board of Trustees may appoint from among its members a sub-committee to search for a President or a President The proposals of this subcommittee shall be submitted to the Board of Trustees for approval,

3.

Appointment of the Scientific Council, acting on a proposal from the President or President,

4.

Appointment and dismise of the Executive Director or the Executive Director on a proposal from the President or the President,

5.

authorisation of procedures for the appointment and promotion of academic staff, on a proposal from the President or the President,

6.

approval of the annual budget on the basis of the annual proposal, the preview for the following two years, the annual performance report and the annual financial statements,

7.

Approval of model work contracts for the respective personnel groups (scientific staff, non-scientific staff, administrative staff, etc.),

8.

Authorisation of the President of the Commission or the President to persons who are authorised to conclude legal transactions on behalf of the Institute of Science and Technology-Austria.

(2) In addition, the Board of Trustees can perform the following tasks:

1.

Establishment of an additional name for the Institute of Science and Technology-Austria, which indicates the focus and profile formation and can be used in the external presentation,

2.

Establishment of a Rules of Procedure for the Board of Trustees, in which this further matter may be reserved for approval,

3.

the appointment of an Executive Committee from among the members of the Board of Trustees and the definition of responsibilities;

4.

Appointment of additional committees.

(3) The Board of Trustees has to include no fewer than 14 members who, on the basis of their knowledge and experience, can make a substantial contribution to the achievement of the objectives of the Institute of Science and Technology-Austria. All members of the Board of Trustees are entitled to vote. The Board of Trustees may, by decision, expand the third party referred to in § 3 paragraph 2 Z 3.

(4) At least half of the members of the Board of Trustees have to be made up of internationally renowned scientists, who preferably have extensive experience in science management. The majority of the scientific members of the board of trustees must be active in internationally respected scientific institutions or have been active. The Federal Government has four members, the Land of Lower Austria has to appoint three members of the Board of Trustees, who are or were active in responsible positions in society, in particular science or business.

(5) All members of the Board of Trustees as well as the members of the committees appointed by the Board of Trustees may not hold any function at the time of membership of the Board of Trustees or the committee concerned, resulting in a conflict of interest of this function. with their membership in the Board of Trustees or in the committees.

(6) The function period of the members shall be five years. Reorders shall be admissible. In the event of premature departure of a member, a new member shall be appointed for the remainder of the term of office in the same way as the member of the retired member. A convocation before the end of the functional period may be made by the issuing institution for important reasons.

(7) The board of trustees shall elect the chairman and a deputy or vice-chairman from among the members of the committee. Either the chairman or the deputy or the deputy has to come from the circle of scientists.

(8) The Board of Trustees shall have a quorum if at least half of its members are present in person. The Board of Trustees decides with a simple majority of votes. In the event of a tie, the vote of the chairperson or of the chairman shall be the result of the vote.

(9) For the first Board of Trustees, seven recognised scientists will be jointly appointed by the Chair or Chairman of the Scientific Council, the Chairman or the Chairman of the Council for Research and Research, and Technology Development and the President of the Fund for the Promotion of Scientific Research (FWF) proposed and appointed by the Federal Government. Following the appointment of the first board of trustees, the scientific members will be appointed by the board of trustees themselves.

(10) The first Board of Trustees shall determine within which period the first President shall be appointed or the first President. Pending the appointment of the President or the President, the Chairman of the Board of Trustees or any other member of the Board of Trustees shall conduct the current business strictly necessary.

President or President (President)

§ 7. (1) The President or the President is the head of the Institute of Science and Technology-Austria and represents this to the outside world. You or he may determine which persons are allowed to conclude legal transactions on behalf of the Institute of Science and Technology-Austria.

(2) The President or the President shall be responsible for the conduct of the current business, as well as the decision in all matters not expressly assigned to other institutions. The President or the President shall be responsible for establishing the organisation of work.

(3) Only a scientifically internationally recognized personality with experience and ability to lead a significant research institution can be appointed to the President or President.

(4) The President or President shall be appointed by the Board of Trustees for a term of four years. Reorders shall be admissible.

Managing director or managing director

§ 8. (1) The Executive Director or the Executive Director shall support the President or the President.

(2) Decisions on financial matters of a larger scale shall be taken by the President or by the President together with the Executive Director or the Executive Director. If there is no agreement on these matters, the President or the President shall decide on their own. The Board of Trustees must be informed of such decisions.

(3) The Executive Director or the Executive Director shall be appointed by the Board of Trustees on a proposal from the President or the President.

Scientific Board (scientific board)

§ 9. (1) The Scientific Council shall draw up proposals for scientific orientation and for ensuring the high level of scientific performance.

(2) The scientific council consists of ten internationally highly recognized researchers.

(3) The members of the Scientific Council shall be appointed by the Board of Trustees on a proposal from the President or the President for a term of six years. Reorders shall be admissible.

(4) The Scientific Council is a member of a non-voting member who, on the basis of his or her outstanding management experience, makes a substantial contribution to the achievement of the objectives of the Institute of Science and Technology-Austria can. This member is proposed by the Board of Trustees and appointed by the President or the President.

Staff

§ 10. (1) On employment relationships with the Institute of Science and Technology-Austria is the law on the employment of the Federal Employment Service (BGBl). No 292/1921. With regard to working time and the rest of the work, the statutory special regulations of § 110 University Act 2002 are to be applied in accordance with the applicable law.

(2) On seniority inventions according to § 7 (3) Patent Act, BGBl. No. 259/1970, which are made at the Institute of Science and Technology-Austria, the patent law is to be applied with the proviso that the Institute of Science and Technology-Austria shall be deemed to be a service provider in accordance with Section 7 (2) of the Patent Law.

PhD Programs

§ 11. (1) The Institute of Science and Technology-Austria is entitled to set up PhD programmes. The establishment of joint PhD programmes with other scientific institutions in Germany and abroad is permitted. The training period shall be at least three years.

(2) Prior to the establishment of a PhD programme, the Scientific Council and the universities are to be consulted in accordance with the University Act 2002.

(3) The inclusion in PhD programmes shall be carried out in accordance with an admission procedure, which shall be proposed by the Scientific Council and determined by the President or by the President.

(4) The participants shall be in a contractual relationship with the Institute of Science and Technology-Austria.

(5) The President has the academic degree "Doctor of Philosophy", abbreviated "PhD", after the successful completion of a PhD program by the President.

Effect of the legal status

§ 12. (1) The Institute of Science and Technology-Austria and the persons working there shall be entitled to use the names and titles of the higher education system, in each case with the addition, the Institute of Science and Technology-Austria ".

(2) The persons working at the Institute of Science and Technology-Austria are subject to the provisions of the Federal Law on the Exercising of the Foreign Police, the issuing of documents for foreign persons and the issuance of entry titles (Tourist Police Act 2005-FPG), BGBl. I n ° 100/2005, the Federal Act on the establishment and residence in Austria (Niederlassungs-und Residence Act-NAG), BGBl. I n ° 100/2005, the Foreigners Employment Act, BGBl. No 218/1975, as well as the regulations issued on the basis of these federal laws, the teaching staff and students at universities in accordance with the University Act 2002.

(3) The Law on Student Promotion 1992, BGBl. No. 305/1992, and the regulations adopted on its basis, the Student Home Law, BGBl. No 291/1986, the Family Law Compensatory Act, BGBl. No 376/1967, with regard to entitlement to family allowance, social insurance legislation with regard to the co-insurance of children and the tax provisions, the participants are entitled to the To apply programs of the Institute of Science and Technology-Austria.

(4) The Institute of Science and Technology-Austria shall apply in respect of the tax treatment of grants as a university within the meaning of § 4 paragraph 4 Z 5 lit. a des Einkommensteuergesetz 1988, BGBl. No. 400/1988.

(5) All charges and fee-law benefits granted to the Federal Government under federal law shall also be applied to the Institute of Science and Technology-Austria, insofar as this is in compliance with its legal objectives and Principles.

(6) In the fulfilment of its objectives and principles, the Institute of Science and Technology-Austria is not subject to the provisions of the Industrial Regulations 1994 (GewO 1994), BGBl. No. 194/1994. In addition, the institutions of the Institute of Science and Technology-Austria are from the scope of the Federal Budget Act, BGBl. No 213/1996, except.

Supervision

§ 13. The Institute of Science and Technology-Austria is subject to the supervision of the Federal Government. This includes compliance with the laws and regulations (legal supervision).

Enforcement

§ 14. (1) As far as other federal laws are referred to in this Federal Act, these federal laws shall be applied in the respectively applicable version.

(2) With the enforcement of this federal law are entrusted:

1.

in respect of the application of the Foreigners Employment Act provided for in Section 12 (2) and Section 12 (6) of the Federal Minister for Economic Affairs and Labour,

2.

the Federal Minister for Social Security, Generations and Consumer Protection, with regard to the application of the social insurance provisions relating to the co-insurance of children, as provided for in Article 12 (3),

3.

in respect of the application of the tax provisions concerning the co-insurance of children provided for in Article 12 (3), and with regard to section 12 (4) to (6), the Federal Minister for Finance,

4.

The Federal Minister for Education, Science and Culture, incidentally, is the Federal Minister for Education, Science and Culture

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