The Sikkim University Act, 2006
NO. 10 OF 2007
1126
[10th January, 2007]
An Act to establish and incorporate a teaching and affiliating University in the State of Sikkim and to provide for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:-
1. Short title and commencement.– (1) This Act may be called the Sikkim University Act, 2006.
(2) It shall come into force on such [date] as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions. – In this Act, and in all Statutes made hereunder, unless the context otherwise requires,-
(a)”Academic Council” means the Academic Council of the University;
(b) “academic staff” means such categories of staff as are designated as academic staff by the Ordinances;
(c) “Affiliated College” means a college admitted to the privileges of the University;
(d) “Board of Studies” means the Board of Studies of the University;
(e) “Chancellor”, “Vice-Chancellor”, and “Pro-Vice-Chancellor” mean, respectively, the Chancellor, Vice-Chancellor and Pro-Vice-Chancellor of the University;
(f) “College Development Council” means the College Development Council of the University;
(g) “Constituent College” means a college maintained by the University;
(h) “Court” means the Court of the University;
(i) “Department” means a Department of Studies and includes a Centre of Studies;
(j) “distance education system” means the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or more such means;
(k) “employee” means any person appointed by the University and includes teachers and other staff of the University;
(l) “Executive Council” means the Executive Council of the University;
(m) “Hall” means a unit of residence or of corporate life for the students of the University, or of a College or an Institution, maintained by the University;
(n) “Institution” means an academic institution, not being a College, maintained by, or admitted to the privileges of, the University;
(o) “Principal” means the Head of a College or an Institution maintained by the University and includes, where there is no Principal, the person for the time being duly appointed to act as Principal, and in the absence of the Principal, or the acting Principal, a Vice-Principal duly appointed as such;
(p) “recognised teachers” means such persons as may be recognised by the University for the purpose of imparting instructions in a College or an Institution admitted to the privileges of the University;
(q) “Regulations” means the Regulations made by any authority of the University under this Act for the time being in force;
(r) “School” means a School of Studies of the University;
(s) “Statutes” and “Ordinances” mean, respectively, the Statutes and the Ordinances of the University for the time being in force;
(t) “teachers of the University” means Professors, Readers, Lecturers and such other persons as may be appointed for imparting instruction or conducting research in the University or in any College or Institution maintained by the University and are designated as teachers by the Ordinances;
(u) “University” means the Sikkim University established and incorporated as a University under this Act.
3. Establishment of the University. -(1) There shall be established, in the State of Sikkim, a University by the name of “Sikkim University”.
(2) The headquarters of the University shall be at Gangtok.
(3) The first Chancellor, the first Vice-Chancellor and the first members of the Court, the Executive Council and the Academic Council, and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of “Sikkim University”.
(4) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name.
4. Objects of the University. – The objects of the University shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit; to make provisions for integrated courses in humanities, natural and physical sciences, social sciences, forestry and other allied disciplines in the educational programmes of the University; to take appropriate measures for promoting innovations in teaching-learning process, inter-disciplinary studies and research; to educate and train manpower for the development of the State of Sikkim; and to pay special attention to the improvement of the social and economic conditions and welfare of the people of that State, their intellectual, academic and cultural development.
5. Powers of the University. – The University shall have the following powers, namely:-
(i) to provide for instructions in such branches of learning as the University may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge;
(ii) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;
(iii) to organise and to undertake extramural studies, training and extension services;
(iv) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes;
(v) to provide facilities through the distance education system to such persons as it may determine;
(vi) to institute Principalships, Professorships, Readerships, Lecturerships and other teaching or academic positions, required by the University and to appoint persons to such Principalships, Professorships, Readerships, Lecturerships or other teaching or academic positions;
(vii) to recognise an Institution of higher learning for such purposes as the University may determine and to withdraw such recognition;
(viii) to recognise persons for imparting instructions in any College or Institution admitted to the privileges of the University;
(ix) to appoint persons working in any other University or educational institution as teachers of the University for a specified period;
(x) to create administrative, ministerial and other posts and to make appointments thereto;
(xi) to co-operate or collaborate or associate with any other University or authority or Institution of higher learning in such manner and for such purposes as the University may determine;
(xii) to establish, with the prior approval of the Central Government, such Centres and specialised laboratories or other units for research and instruction as are, in the opinion of the University, necessary for the furtherance of its objects;
(xiii) to institute and award fellowships, scholarships, studentships, medals and prizes;
(xiv) to establish and maintain Colleges, Institutions and Halls;
(xv) to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions, industrial or other organisations, as the University may deem necessary;
(xvi) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff;
(xvii) to admit to its privileges Colleges and Institutions within the State of Sikkim not maintained by the University; to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the Statutes; to recognise, guide, supervise, and control Halls not maintained by the University and other accommodation for students, and to withdraw any such recognition;
(xviii) to appoint on contract or otherwise visiting Professors, Emeritus Professors, Consultants, Scholars and such other persons who may contribute to the advancement of the objects of the University;
(xix) to confer autonomous status on a College or an Institution or a Department, as the case may be, in accordance with the Statutes;
(xx) to determine standards of admission to the University, which may include examination, evaluation or any other method of testing;
(xxi) to demand and receive payment of fees and other charges;
(xxii) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare;
(xxiii) to lay down conditions of service of all categories of employees, including their code of conduct;
(xxiv) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the University to be necessary;
(xxv) to make arrangements for promoting the health and general welfare of the employees;
(xxvi) to receive benefactions, donations and gifts and to acquire, hold and manage, and to dispose of, with the previous approval of the Central Government, any property, movable or immovable, including trust and endowment properties for the purposes of the University;
(xxvii) to borrow, with the approval of the Central Government, on the security of the property of the University, money for the purposes of the University;
(xxviii) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects.
6. Jurisdiction. – (1) The jurisdiction of the University shall extend to the whole of the State of Sikkim.
(2) Notwithstanding anything in any other law for the time being in force, no educational institution within the State of Sikkim shall be associated in any way with or be admitted to any privileges of any other University incorporated by law in India, and any such privileges granted by any such other University to an educational institution within the State of Sikkim prior to the commencement of this Act shall be deemed to be withdrawn on the commencement of this Act:
Provided that the Central Government may, by order in writing, direct that the provisions of this sub-section shall not apply in case of any educational institution specified in the order. University
7. University open to all classes, castes and creed. – The University shall be open to persons of either sex and of whatever caste, creed, race or class, and it shall not be lawful for the University to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the University or to hold any other office therein or be admitted as a student in the University or to graduate thereat or to enjoy or exercise any privilege thereof:
Provided that nothing in this section shall be deemed to prevent the University from making special provisions for the employment or admission of women, persons with disabilities or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes and the Scheduled Tribes.
8. The Visitor. – (1) The President of India shall be the Visitor of the University.
(2) The Visitor may, from time to time, appoint one or more persons to review the work and progress of the University, including Colleges and Institutions maintained by it, and to submit a report thereon; and upon receipt of that report, the Visitor may, after obtaining the views of the Executive Council thereon through the Vice-Chancellor, take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the University shall be bound to comply with such directions.
(3) The Visitor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the University, its buildings, libraries, laboratories and equipment, and of any College or Institution maintained by the University or admitted to its privileges; and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University, Colleges or Institutions.
(4) The Visitor shall, in every matter referred to in sub-section (3), give notice of his intention to cause an inspection or inquiry to be made,-
(a) to the University, if such inspection or inquiry is to be made in respect of the University or any College or Institution maintained by it, or
(b) to the management of the College or Institution, if the inspection or inquiry is to be made in respect of College or Institution admitted to the privileges of the University, and the University or the management, as the case may be, shall have the right to make such representations to the Visitor, as it may consider necessary.
(5) After considering the representations, if any, made by the University or the management, as the case may be, the Visitor may cause to be made such inspection or inquiry as is referred to in sub-section (3).
(6) Where any inspection or inquiry has been caused to be made by the Visitor, the University or the management shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry.
(7) The Visitor may, if the inspection or inquiry is made in respect of the University or any College or Institution maintained by it, address the Vice-Chancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the Visitor may be pleased to offer, and on receipt of address made by the Visitor, the Vice-Chancellor shall communicate, to the Executive Council, the views of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon.
(8) The Visitor may, if the inspection or inquiry is made in respect of any College or Institution admitted to the privileges of the University, address the management concerned through the Vice-Chancellor with reference to the result of such inspection or inquiry, his views thereon and such advice as he may be pleased to offer upon the action to be taken thereon.
(9) The Executive Council or the management, as the case may be, shall communicate, through the Vice-Chancellor to the Visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry.
(10) Where, the Executive Council or the management, does not, within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Executive Council or the management, issue such directions as he may think fit and the Executive Council or the management, as the case may be, shall comply with such directions.
(11) Without prejudice to the foregoing provisions of this section, the Visitor may, by order in writing, annul any proceeding of the University which is not in conformity with the Act, the Statutes or the Ordinances:
Provided that before making any such order, he shall call upon the Registrar to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same.
(12) The Visitor shall have such other powers as may be prescribed by the Statutes.
9. The Chief Rector. – The Governor of the State of Sikkim shall be the Chief Rector of the University.
10. Officers of the University. – The following shall be the officers of the University:- (1) the Chancellor;
(2) the Vice-Chancellor;
(3) the Pro-Vice-Chancellor;
(4) the Deans of Schools;
(5) the Registrar;
(6) the Finance Officer;
(7) the Controller of Examinations;
(8) the Librarian; and
(9) such other officers as may be declared by the Statutes to be officers of the University.
11. The Chancellor. – (1) The Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.
(2) The Chancellor shall, by virtue of his office, be the head of the University and shall, if present, preside at the Convocations of the University held for conferring degrees and meetings of the Court.
12. The Vice-Chancellor. – (1) The Vice-Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.
(2) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University.
(3) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority at its next meeting the action taken by him on such matter:
Provided that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the Visitor whose decision thereon shall be final:
Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to represent against such action to the Executive Council within three months from the date on which decision on such action is communicated to him and thereupon the Executive Council may confirm, modify or reverse the action taken by the Vice-Chancellor.
(4) The Vice-Chancellor, if he is of the opinion that any decision of any authority of the University is beyond the powers of the authority conferred by the provisions of this Act, the Statutes or the Ordinances or that any decision taken is not in the interest of the University, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the Visitor whose decision thereon shall be final.
(5) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Ordinances.
13. The Pro-Vice-Chancellor. – The Pro-Vice-Chancellor shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.
14. The Deans of Schools. – Every Dean of School shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
15. The Registrar. – (1) The Registrar shall be appointed in such manner and on such terms and conditions of service as may be prescribed by the Statutes.
(2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
16. The Finance Officer. – The Finance Officer shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.
17. The Controller of Examinations. – The Controller of Examinations shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.
18. The Librarian. – The Librarian shall be appointed in such manner and
on such terms and conditions of service, and shall exercise such powers
and perform such duties, as may be prescribed by the Statutes.
19. Other officers. -The manner of appointment and powers and duties of other officers of the University shall be prescribed by the Statutes.
20. Authorities of the University. – The following shall be the authorities of the University:- (1) the Court;
(2) the Executive Council;
(3) the Academic Council;
(4) the College Development Council;
(5) the Board of Studies;
(6) the Finance Committee; and
(7) such other authorities as may be declared by the Statutes to be the authorities of the University.
21. The Court. – (1) The constitution of the Court and the term of office of its members shall be prescribed by the Statutes:
Provided that such number of members as may be prescribed by the Statutes shall be elected from among the teachers, employees and students of the University.
(2) Subject to the provisions of this Act, the Court shall have the following powers and functions, namely:-
(a) to review, from time to time, the broad policies and programmes of the University and to suggest measures for the improvement and development of the University;
(b) to consider and pass resolutions on the annual report and the annual accounts of the University and the audit report on such accounts;
(c) to advise the Visitor in respect of any matter which may be referred to it for advice; and
(d) to perform such other functions as may be prescribed by the Statutes.
22. The Executive Council. – (1) The Executive Council shall be the principal executive body of the University.
(2) The constitution of the Executive Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes:
Provided that such number of members as may be prescribed by the Statutes shall be from among the elected members of the Court.
23. The Academic Council. – (1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and the Ordinances, co-ordinate and exercise general supervision over the academic policies of the University.
(2) The constitution of the Academic Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes:
Provided that such number of members as may be prescribed by the Statutes shall be from among the elected members of the Court who are teachers of the University.
24. The College Development Council. – (1) The College Development Council shall be responsible for admitting Colleges to the privileges of the University.
(2) The constitution of the College Development Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes.
25. The Board of Studies. – The constitution, powers and functions of the Board of Studies shall be prescribed by the Statutes.
26. The Finance Committee. – The constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes.
27. Other authorities of the University. – The constitution, powers and functions of other authorities, as may be declared by the Statutes to be the authorities of the University, shall be prescribed by the Statutes.
28. Power to make Statutes. – Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:-
(a) the constitution, powers and functions of authorities and other bodies of the University, as may be constituted from time to time;
(b) the appointment and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide;
(c) the appointment, powers and duties of the officers of the University and their emoluments;
(d) the appointment of teachers, academic staff and other employees of the University, their emoluments and conditions of service;
(e) the recognition of persons as recognised teachers;
(f) the appointment of teachers, academic staff working in any other University or organisation for a specific period for undertaking a joint project;
(g) the conditions of service of employees including provisions for pension, insurance, provident fund, the manner of termination of service and disciplinary action;
(h) the principles governing the seniority of service of the employees of the University;
(i) the procedure for arbitration in cases of dispute between employees or students and the University;
(j) the procedure for appeal to the Executive Council by any employee or student against the action of any officer or authority of the University;
(k) the conferment of autonomous status on a College or an Institution or a Department;
(l) the establishment and abolition of Schools, Departments, Centres, Halls, Colleges and Institutions;
(m) the conferment of honorary degrees;
(n) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(o) the conditions under which Colleges and Institutions may be admitted to the privileges of the University and the withdrawal of such privileges;
(p) the management of Colleges and Institutions established by the University;
(q) the delegation of powers vested in the authorities or officers of the University;
(r) the maintenance of discipline among the employees and students; and
(s) all other matters which by this Act are to be or may be provided for by the Statutes.
29. Statutes how to be made. – (1) The first Statutes are those set out in the Schedule.
(2) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1):
Provided that the Executive Council shall not make, amend or repeal any Statutes affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Council.
(3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the assent of the Visitor who may assent thereto or withhold assent or remit to the Executive Council for re-consideration.
(4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor.
(5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may make new or additional Statutes or amend or repeal the Statutes referred to in sub-section (1), during the period of three years immediately after the commencement of this Act:
Provided that the Visitor may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed Statutes as he may consider necessary and such detailed Statutes shall be laid before both Houses of Parliament.
(6) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may direct the University to make provisions in the Statutes in respect of any matter specified by him and if the Executive Council is unable to implement such direction within sixty days of its receipt, the Visitor may, after considering the reasons, if any, communicated by the Executive Council for its inability to comply with such direction, make or amend the Statutes suitably.
30. Power to make Ordinances. – (1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:-
(a) the admission of students to the University and their enrolment as such;
(b) the courses of study to be laid down for all degrees, diplomas and certificates of the University;
(c) the medium of instruction and examination;
(d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same;
(e) the fees to be charged for courses of study in the University and for admission to the examinations, degrees and diplomas of the University;
(f) the conditions for award of fellowships, scholarships, studentships, medals and prizes;
(g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators;
(h) the conditions of residence of the students of the University;
(i) the special arrangements, if any, which may be made for the residence and teaching of women students and the prescribing of special courses of studies for them;
(j) the establishment of Centres of Studies, Boards of Studies, Specialised Laboratories and other Committees;
(k) the manner of co-operation and collaboration with other Universities, institutions and other agencies not involving the carrying on of any activity for profit including learned bodies or associations;
(l) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;
(m) the institution of fellowships, scholarships, studentships, medals and prizes;
(n) the supervision of management of Colleges and Institutions admitted to the privileges of the University;
(o) the setting up of a machinery for redressal of grievances of employees; and
(p) all other matters which by this Act or the Statutes, are to be or may be, provided for by the Ordinances.
(2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Central Government and the Ordinances so made may be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes.
31. Regulations. – The authorities of the University may make Regulations, consistent with this Act, the Statutes and the Ordinances for the conduct of their own business and that of the Committees, if any, appointed by them and not provided for by this Act, the Statutes or the Ordinances, in the manner prescribed by the Statutes.
33. Annual accounts. – (1) The annual accounts and balance-sheet of the University shall be prepared under the directions of the Executive Council and shall, once at least every year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India or by such persons as he may authorise in this behalf.
(2) A copy of the annual accounts together with the audit report thereon shall be submitted to the Court and the Visitor along with the observations of the Executive Council.
(3) Any observations made by the Visitor on the annual accounts shall be brought to the notice of the Court and the observations of the Court, if any, shall, after being considered by the Executive Council, be submitted to the Visitor.
(4) A copy of the annual accounts together with the audit report as submitted to the Visitor, shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament.
(5) The audited annual accounts after having been laid before both Houses of Parliament shall be published in the Official Gazette.
34. Returns and information. – The University shall furnish to the Central Government such returns or other information with respect to its property or activities as the Central Government may, from time to time, require.
35. Conditions of service of employees. – (1) Every employee of the University shall be appointed under a written contract, which shall be lodged with the University and a copy of which shall be furnished to the employee concerned.
(2) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the employee concerned and an umpire appointed by the Visitor.
(3) The decision of the Tribunal shall be final, and no suit shall lie in any civil court in respect of the matters decided by the Tribunal:
Provided that nothing in this sub-section shall preclude the employee from availing of the judicial remedies available under articles 32 and 226 of the Constitution.
(4) Every request made by the employee under sub-section (2), shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration and Conciliation Act, 1996.
(5) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes.
36. Procedure of appeal and arbitration in disciplinary cases against students. – (1) Any student or candidate for an examination whose name has been removed from the rolls of the University by the orders or resolution of the Vice-Chancellor, Discipline Committee or Examination Committee, as the case may be, and who has been debarred from appearing at the examinations of the University for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the Executive Council and the Executive Council may confirm, modify or reverse the decision of the Vice-Chancellor or the Committee, as the case may be.
(2) Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-sections (2), (3), (4) and (5) of section 35 shall, as far as may be, apply to a reference made under this sub-section.
37. Right to appeal. – Every employee or student of the University or of a College or Institution maintained by the University or admitted to its privileges shall, notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed by the Statutes, to the Executive Council against the decision of any officer or authority of the University or of the Principal or the management of any College or an Institution, as the case may be, and thereupon the Executive Council may confirm, modify or reverse the decision appealed against.
38. Provident and pension funds. – (1) The University shall constitute for the benefit of its employees such provident or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes.
(2) Where such provident fund or pension fund has been so constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925, shall apply to such fund, as if it were a Government provident fund.
39. Disputes as to constitution of authorities and bodies. – If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Visitor whose decision thereon shall be final.
40. Filling of casual vacancies. – All casual vacancies among the members (other than ex officio members) of any authority or other body of the University shall be filled, as soon as may be, by the person or body who appoints, elects or co-opts the member whose place has become vacant and person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.
41. Proceedings of authorities or bodies not invalidated by vacancies. – No act or proceedings of any authority or other body of the University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.
42. Protection of action taken in good faith. – No suit or other legal proceeding shall lie against any officer or other employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or the Ordinances.
43. Mode of proof of University record. – Notwithstanding anything contained in the Indian Evidence Act, 1872 or in any other law for the time being in force, a copy of any receipt, application, notice, order, proceeding or resolution of any authority or other body of the University, or any other document in possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence.
44. Power to remove difficulties. – (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.
(2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.
45. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament. – (1) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette.
(2) Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Statute, Ordinance or Regulation.
(3) The power to make Statutes, Ordinances or Regulations shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this Act, to the Statutes, Ordinances or Regulations or any of them but no retrospective effect shall be given to any Statute, Ordinance or Regulation so as to prejudicially affect the interests of any person to whom such Statute, Ordinance or Regulation may be applicable.
46. Transitional provisions.– Notwithstanding anything contained in this Act and the Statutes,-
(a) the first Chancellor and first Vice-Chancellor shall be appointed by the Visitor in such manner and on such conditions as may be deemed fit and each of the said officer shall hold office for such term, not exceeding five years as may be specified by the Visitor;
(b) the first Registrar and the first Finance Officer shall be appointed by the Visitor and each of the said officers shall hold office for a term of three years;
(c) the first Court and the first Executive Council shall consist of not more than thirty-one members and eleven members, respectively, who shall be nominated by the Visitor and shall hold office for a term of three years;
(d) the first College Development Council shall consist of not more than eleven members, who shall be nominated by the Visitor and they shall hold office for a term of three years;
(e) the first Academic Council shall consist of not more than twenty-one members, who shall be nominated by the Visitor and they shall hold office for a term of three years:
Provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the Visitor, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred.
THE SCHEDULE
(See section 29)
THE STATUTES OF THE UNIVERSITY
1. The Chancellor. – (1) The Chancellor shall be appointed by the Visitor from a panel of not less than three persons recommended by the Executive Council from amongst persons of eminence in the academic or public life of the country:
Provided that if the Visitor does not approve of any of the persons so recommended, he may call for fresh recommendations from the Executive Council.
(2) The Chancellor shall hold office for a term of five years and shall not be eligible for re-appointment:
Provided that notwithstanding the expiry of his term of office, the Chancellor shall continue to hold office until his successor enters upon his office.
2. The Vice-Chancellor. – (1) The Vice-Chancellor shall be appointed by the Visitor from a panel of not less than three persons who shall be recommended by a Committee as constituted under clause (2):
Provided that if the Visitor does not approve of any of the persons included in the panel, he may call for an extended fresh panel.
(2) The Committee referred to in clause (1) shall consist of three persons, out of whom two shall be nominated by the Executive Council and one by the Visitor and the nominee of the Visitor shall be the convener of the Committee:
Provided that none of the members of the Committee shall be an employee of the University or an Institution maintained by, or admitted to the privileges of, the University or a member of any authority of the University.
(3) The Vice-Chancellor shall be a whole-time salaried officer of the University.
(4) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of sixty-five years, whichever is earlier, and he shall not be eligible for re-appointment:
Provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor is appointed and enters upon his office:
Provided further that the Visitor may direct any Vice-Chancellor after his term has expired, to continue in office for such period, not exceeding a total period of one year, as may be specified by him.
(5) The emoluments and other conditions of service of the Vice-Chancellor shall be as follows:-
(i) The Vice-Chancellor shall be paid a monthly salary and allowances, other than house rent allowance, at the rates fixed by the Central Government from time to time and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the Vice-Chancellor in respect of the maintenance of such residence.
(ii) The Vice-Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Central Government from time to time:
Provided that where an employee of the University, or a College or an Institution maintained by, or admitted to the privileges of, the University, or of any other University or any College or Institution maintained by or admitted to the privileges of, such other University, is appointed as the Vice-Chancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the University shall contribute to the account of such person in that provident fund at the same rate at which the person had been contributing immediately before his appointment as the Vice-Chancellor:
Provided further that where such employee had been member of any pension scheme, the University shall make the necessary contribution to such scheme.
(iii) The Vice-Chancellor shall be entitled to travelling allowance at such rates as may be fixed by the Executive Council.
(iv) The Vice-Chancellor shall be entitled to leave on full pay at the rate of thirty days in a calendar year and the leave shall be credited to his account in advance in two half-yearly instalments of fifteen days each on the first day of January and July every year:
Provided that if the Vice-Chancellor assumes or relinquishes charge of the office of the Vice-Chancellor during the currency of a half year, the leave shall be credited proportionately at the rate of two and-a-half days for each completed month of service.
(v) In addition to the leave referred to in sub-clause (iv), the Vice-Chancellor shall also be entitled to half-pay leave at the rate of twenty days for each completed year of service, and half-pay leave may also be availed of as commuted leave on full pay on medical certificate:
Provided that when such commuted leave is availed of, twice the amount of half-pay leave shall be debited against half-pay leave due.
(6) If the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise, or if he is unable to perform his duties due to ill-health or any other cause, the Pro-Vice-Chancellor shall perform the duties of the Vice-Chancellor:
Provided that if the Pro-Vice-Chancellor is not available, the senior-most Professor shall perform the duties of the Vice-Chancellor until a new Vice-Chancellor assumes office or the existing Vice-Chancellor resumes the duties of his office, as the case may be.
3. Powers and duties of the Vice-Chancellor. – (1) The Vice-Chancellor shall be ex officio Chairman of the Executive Council, the Academic Council and the Finance Committee and shall, in the absence of the Chancellor, preside at the Convocations held for conferring degrees and at meetings of the Court.
(2) The Vice-Chancellor shall be entitled to be present at, and address, any meeting of any authority or other body of the University, but shall not be entitled to vote thereat unless he is a member of such authority or body.
(3) It shall be the duty of the Vice-Chancellor to see that this Act, the Statutes, the Ordinances and the Regulations are duly observed, and he shall have all the powers necessary to ensure such observance.
(4) The Vice-Chancellor shall have all the powers necessary for the proper maintenance of discipline in the University and he may delegate any such powers to such person or persons as he deems fit.
(5) The Vice-Chancellor shall have the power to convene or cause to be convened the meetings of the Executive Council, the Academic Council and the Finance Committee.
4. Pro-Vice-Chancellor. – (1) The Pro-Vice-Chancellor shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor:
Provided that where the recommendation of the Vice-Chancellor is not accepted by the Executive Council, the matter shall be referred to the Visitor who may either appoint the person recommended by the Vice-Chancellor or ask the Vice-Chancellor to recommend another person to the Executive Council:
Provided further that the Executive Council may, on the recommendation of the Vice-Chancellor, appoint a Professor to discharge the duties of a Pro-Vice-Chancellor in addition to his own duties as a Professor.
(2) The term of office of a Pro-Vice-Chancellor shall be such as may be decided by the Executive Council but it shall not in any case exceed five years or until the expiration of the term of office of the Vice-Chancellor, whichever is earlier:
Provided that a Pro-Vice-Chancellor whose term of office has expired shall be eligible for re-appointment:
Provided further that, in any case, a Pro-Vice-Chancellor shall retire on attaining the age of sixty-five years:
Provided also that a Pro-Vice-Chancellor shall, while discharging the duties of the Vice-Chancellor under clause (6) of Statute 2, continue in office notwithstanding the expiration of his term of office as Pro-Vice-Chancellor, until the Vice-Chancellor resumes office or a new Vice-Chancellor assumes office, as the case may be.
(3) The emoluments and other terms and conditions of service of a Pro-Vice-Chancellor shall be such as may be prescribed by the Ordinances.
(4) The Pro-Vice-Chancellor shall assist the Vice-Chancellor in respect of such matters as may be specified by the Vice-Chancellor in this behalf, from time to time, and shall also exercise such powers and perform such duties as may be assigned or delegated to him by the Vice-Chancellor.
5. Deans of Schools. – (1) Every Dean of School shall be appointed by the Vice-Chancellor from amongst the Professors in the School by rotation in the order of seniority for a period of three years:
Provided that in case there is only one Professor or no Professor in a School, the Dean shall be appointed, for the time being, from amongst the Professor, if any, and the Readers in the School by rotation in the order of seniority:
Provided further that a Dean on attaining the age of sixty-two years shall cease to hold office as such.
(2) When the office of the Dean is vacant or when the Dean is, by reason of illness, absence or any other cause, unable to perform duties of his office, the duties of the office shall be performed by the senior-most Professor or Reader, as the case may be, in the School.
(3) The Dean shall be the Head of the School and shall be responsible for the conduct and maintenance of the standards of teaching and research in the School and shall have such other functions as may be prescribed by the Ordinances.
(4) The Dean shall have the right to be present and to speak at any meeting of the Boards of Studies or Committees of the School, as the case may be, but shall not have the right to vote thereat unless he is a member thereof.
6. The Registrar. – (1) The Registrar shall be appointed by the Executive Council on the recommendation of a Selection Committee constituted for the purpose and shall be a whole-time salaried officer of the University.
(2) He shall be appointed for a term of five years and shall be eligible for re-appointment.
(3) The emoluments and other terms and conditions of service of the Registrar shall be such as may be prescribed by the Executive Council from time to time:
Provided that the Registrar shall retire on attaining the age of sixty-two years:
Provided further that a Registrar shall, notwithstanding his attaining the age of sixty-two years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year, whichever is earlier.
(4) When the office of the Registrar is vacant or when the Registrar is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.
(5) (a) The Registrar shall have power to take disciplinary action against such of the employees, excluding teachers and other academic staff, as may be specified in the order of the Executive Council and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or the withholding of increment:
Provided that no such penalty shall be imposed unless the person has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified in sub-clause (a).
(c) In a case where the inquiry discloses that a punishment beyond the power of the Registrar is called for, the Registrar shall, upon the conclusion of the inquiry, make a report to the Vice-Chancellor along with his recommendations:
Provided that an appeal shall lie to the Executive Council against an order of the Vice-Chancellor imposing any penalty.
(6) The Registrar shall be ex officio Secretary of the Executive Council, the Academic Council and the College Development Council, but shall not be deemed to be a member of any of these authorities and he shall be ex officio Member-Secretary of the Court.
(7) It shall be the duty of the Registrar-
(a) to be the custodian of the records, the common seal and such other property of the University as the Executive Council shall commit to his charge;
(b) to issue all notices convening meetings of the Court, the Executive Council, the Academic Council, the College Development Council and of any Committees appointed by those authorities;
(c) to keep the minutes of all the meetings of the Court, the Executive Council, the Academic Council, the College Development Council and of any Committees appointed by those authorities;
(d) to conduct the official correspondence of the Court, the Executive Council, the Academic Council and the College Development Council;
(e) to supply to the Visitor, copies of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of such meetings;
(f) to represent the University in suits or proceedings by or against the University, sign powers of attorney and verify pleadings or depute his representative for the purpose; and
(g) to perform such other duties as may be specified in the Statutes, the Ordinances or the Regulations or as may be required from time to time, by the Executive Council or the Vice-Chancellor.
7. The Finance Officer. – (1) The Finance Officer shall be appointed by the Executive Council on the recommendations of a Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University.
(2) The Finance Officer shall be appointed for a term of five years and shall be eligible for re-appointment.
(3) The emoluments and other terms and conditions of service of the Finance Officer shall be such as may be prescribed by the Executive Council from time to time:
Provided that the Finance Officer shall retire on attaining the age of sixty-two years:
Provided further that the Finance Officer shall, notwithstanding his attaining the age of sixty-two years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year, whichever is earlier.
(4) When the office of the Finance Officer is vacant or when the Finance Officer is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.
(5) The Finance Officer shall be ex officio Secretary of the Finance Committee, but shall not be deemed to be a member of such Committee.
(6) The Finance Officer shall –
(a) exercise general supervision over the funds of the University and shall advise it as regards its financial policy; and
(b) perform such other financial functions as may be assigned to him by the Executive Council or as may be prescribed by the Statutes or the Ordinances.
(7) Subject to the control of the Executive Council, the Finance Officer shall-
(a) hold and manage the property and investments of the University including trust and endowed property;
(b) ensure that the limits fixed by the Executive Council for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted;
(c) be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Executive Council;
(d) keep a constant watch on the state of the cash and bank balances and on the state of investments;
(e) watch the progress of the collection of revenue and advise on the methods of collection employed;
(f) ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date and that stock-checking is conducted, of equipment and other consumable materials in all offices, Departments, University, Institutes, Centres and Specialised Laboratories;
(g) bring to the notice of the Vice-Chancellor unauthorised expenditure and other financial irregularities and suggest disciplinary action against persons at fault; and
(h) call for from any office, Department, Centre, Laboratory, College or Institution maintained by the University any information or returns that he may consider necessary for the performance of his duties.
(8) Any receipt given by the Finance Officer or the person or persons duly authorised in this behalf by the Executive Council for any money payable to the University shall be sufficient discharge for payment of such money.
8. The Controller of Examinations. – (1) The Controller of Examinations shall be appointed by the Executive Council on the recommendations of a Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University.
(2) The Controller of Examinations shall be appointed for a term of five years and shall be eligible for re-appointment.
(3) The emoluments and other terms and conditions of service of the Controller of Examinations shall be such as may be prescribed by the Executive Council from time to time:
Provided that the Controller of Examinations shall retire on attaining the age of sixty-two years:
Provided further that the Controller of Examinations shall, notwithstanding his attaining the age of sixty-two years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year, whichever is earlier.
(4) When the office of the Controller of Examinations is vacant or when the Controller of Examinations is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.
(5) The Controller of Examinations shall arrange for and superintend the examinations of the University in the manner prescribed by the Ordinances.
9. The Librarian.– (1) The Librarian shall be appointed by the Executive Council on the recommendations of the Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University.
(2) The Librarian shall exercise such powers and perform such duties as may be assigned to him by the Executive Council.
10. Meetings of the Court.- (1) An annual meeting of the Court shall be held on a date to be fixed by the Executive Council unless some other date has been fixed by the Court in respect of any year.
(2) At an annual meeting of the Court, a report on the working of the University during the previous year, together with a statement of the receipts and expenditure, the balance-sheet as audited, and the financial estimates for the next year shall be presented.
(3) A copy of the statement of receipts and expenditure, the balance-sheet and the financial estimates referred to in clause (2) shall be sent to every member of the Court at least seven days before the date of the annual meeting.
(4) Special meetings of the Court may be convened by the Executive Council or the Vice-Chancellor or if there is no Vice-Chancellor, the Pro-Vice-Chancellor or if there is no Pro-Vice-Chancellor, by the Registrar.
(5) Eleven members of the Court shall form a quorum for a meeting of the Court.
11. Quorum for meeting of the Executive Council.- Seven members of the Executive Council shall form a quorum for a meeting of the Executive Council.
12. Powers and functions of the Executive Council. – (1) The Executive Council shall have the power of management and administration of the revenues and property of the University and the conduct of all administrative affairs of the University not otherwise provided for.
(2) Subject to the provisions of this Act, the Statutes and the Ordinances, the Executive Council shall, in addition to all other powers vested in it, have the following powers, namely:-
(i) to create teaching and other academic posts, to determine the number and emoluments of such posts and to define the duties and conditions of service of Professors, Readers, Lecturers and other academic staff:
Provided that no action shall be taken by the Executive Council in respect of the number and qualifications of teachers and other academic staff otherwise than after consideration of the recommendations of the Academic Council;
(ii) to appoint such Professors, Readers, Lecturers and other academic staff, as may be necessary, on the recommendation of the Selection Committee constituted for the purpose and to fill-up temporary vacancies therein;
(iii) to recognise persons as University recognised teachers in the manner prescribed by the Ordinances;
(iv) to create administrative, ministerial and other necessary posts (including Chairs) and to make appointments thereto in the manner prescribed by the Ordinances;
(v) to grant leave of absence to any officer of the University other than the Chancellor and the Vice-Chancellor, and to make necessary arrangements for the discharge of the functions of such officer during his absence;
(vi) to regulate and enforce discipline among employees in accordance with the Statutes and the Ordinances;
(vii) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the University and for that purpose to appoint such agents as it may think fit;
(viii) to fix limits on the total recurring and the total non-recurring expenditure for a year on the recommendation of the Finance Committee;
(ix) to invest any money belonging to the University, including any unapplied income, in such stocks, funds, shares or securities, from time to time as it may think fit or in the purchase of immovable property in India, with the like powers of varying such investment from time to time;
(x) to transfer or accept transfers of any movable or immovable property on behalf of the University;
(xi) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University;
(xii) to enter into, vary, carry out and cancel contracts on behalf of the University;
(xiii) to entertain, adjudicate upon, and if thought fit, to redress any grievances of the employees and students of the University who may, for any reason, feel aggrieved;
(xiv) to appoint examiners and moderators and, if necessary, to remove them, and to fix their fees, emoluments and travelling and other allowances, after consulting the Academic Council;
(xv) to select a common seal for the University and provide for the custody and use of such seal;
(xvi) to make such special arrangements as may be necessary for the residence of women students;
(xvii) to institute fellowships, scholarships, studentships, medals and prizes;
(xviii) to provide for the appointment of Visiting Professors, Emeritus Professors, Consultants and Scholars and determine the terms and conditions of such appointments; and
(xix) to exercise such other powers and perform such other duties as may be conferred or imposed on it by the Ordinances or the Statutes.
13. Quorum for meetings of the Academic Council.- Nine members of the Academic Council shall form a quorum for a meeting of the Academic Council.
14. Powers and functions of the Academic Council.- Subject to the provisions of this Act, the Statutes and the Ordinances, the Academic Council shall, in addition to all other powers vested in it, have the following powers, namely:-
(a) to exercise general supervision over the academic policies of the University and to give directions regarding methods of instruction, co-ordination of teaching among the Colleges and the Institutions, evaluation of research and improvement of academic standards;
(b) to bring about and promote inter-School co-ordination and to establish or appoint such committees or boards as may be deemed necessary for the purpose;
(c) to consider matters of general academic interest either on its own initiative, or on a reference by a School or the Executive Council, and to take appropriate action thereon; and
(d) to frame such Regulations and rules consistent with the Statutes and the Ordinances regarding the academic functioning of the University, discipline, residence, admissions, award of fellowships and studentships, fees, concessions, corporate life and attendance.
15. Schools of Studies and Departments. – (1) The University shall have such Schools of Studies as may be specified in the Statutes.
(2) Every School shall have a School Board and the members of the first School Board shall be nominated by the Executive Council for a period of three years.
(3) The composition, powers and functions of a School Board shall be prescribed by the Ordinances.
(4) The conduct of the meetings of a School Board and the quorum required for such meetings shall be prescribed by the Ordinances.
(5) (a) Every School shall consist of such Departments as may be assigned to it by the Ordinances:
Provided that the Executive Council may, on the recommendation of the Academic Council, establish Centres of Studies to which may be assigned such teachers of the University as the Executive Council may consider necessary.
(b) Each Department shall consist of the following members, namely:-
(i) Teachers of the Department;
(ii) Persons conducting research in the Department;
(iii) Dean of the School;
(iv) Honorary Professors, if any, attached to the Department; and
(v) Such other persons as may be members of the Department in accordance with the provisions of the Ordinances.
16. Board of Studies.
(1) Each Department shall have a Board of Studies.
(2) The constitution of the Board of Studies and the term of office of its members shall be prescribed by the Ordinances.
(3) Subject to the overall control and supervision of the Academic Council, the functions of a Board of Studies shall be to approve subjects for research for various degrees and other requirements of research degrees and to recommend to the concerned School Board in the manner prescribed by the Ordinances-
(a) courses of studies and appointment of examiners for courses, but excluding research degrees;
(b) appointment of supervisors for research; and
(c) measures for the improvement of the standard of teaching and research:
Provided that the above functions of a Board of Studies shall, during the period of three years immediately after the commencement of the Act, be performed by the Department.
17. The Finance Committee.- (1) The Finance Committee shall consist of the following members, namely:-
(i) the Vice-Chancellor;
(ii) the Pro-Vice-Chancellor;
(iii) one person to be nominated by the Court;
(iv) three persons to be nominated by the Executive Council, out of whom at least one shall be a member of the Executive Council; and
(v) three persons to be nominated by the Visitor.
(2) Five members of the Finance Committee shall form a quorum for a meeting of the Finance Committee.
(3) All the members of the Finance Committee, other than ex officio members, shall hold office for a term of three years.
(4) A member of the Finance Committee shall have the right to record a minute of dissent if he does not agree with any decision of the Finance Committee.
(5) The Finance Committee shall meet at least thrice every year to examine the accounts and to scrutinise proposals for expenditure.
(6) All proposals relating to creation of posts, and those items which have not been included in the Budget, shall be examined by the Finance Committee before they are considered by the Executive Council.
(7) The annual accounts and the financial estimates of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Executive Council for approval.
(8) The Finance Committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the University (which, in the case of productive works, may include the proceeds of loans).
18. Selection Committees. – (1) There shall be Selection Committees for making recommendations to the Executive Council for appointment to the posts of Professor, Reader, Lecturer, Registrar, Finance Officer, Librarian and Principals of Colleges and Institutions maintained by the University.
(2) The Selection Committee for appointment to the posts specified in Column 1 of the Table below shall consist of the Vice-Chancellor, a nominee of the Visitor and the persons specified in the corresponding entry in Column 2 of the said Table:
Professor | (i) The Dean of the School. |
| (ii) The Head of the Department if he is a Professor. |
| (iii) Three persons not in the service of the University, nominated by the Executive Council, out of a panel of names recommended by the Academic Council for their special knowledge of, or interest in, the subject with which the Professor will be concerned. |
Reader/Lecturer | (i) The Head of the Department |
. | (ii) One Professor nominated by the Vice-Chancellor. |
| (iii) Two persons not in the service of the University, nominated by the Executive Council, out of a panel of names recommended by the Academic Council for their special knowledge of, or interest in, the subject with which the Reader/Lecturer will be concerned. |
Registrar/Finance Officer | (i) Two members of the Executive Council nominated by it. |
| (ii) One person not in the service of the University nominated by the Executive Council. |
Librarian | (i) Two persons not in the service of the University who have special knowledge of the subject of the Library Science/Library Administration nominated by the Executive Council. |
| (ii) One person not in the service of the University nominated by the Executive Council. |
Principal of College or Institution | Three persons not in the service of the University of Institution maintained whom two shall be nominated by the Executive Council by the University. and one by the Academic Council for their special knowledge of, or interest in, a subject in which instruction is being provided by the College or Institution. |
Note 1.-Where the appointment is being made for an inter-disciplinary project, the head of the project shall be deemed to be the Head of the Department concerned.
Note 2.-The Professor to be nominated by the Vice-Chancellor shall be a Professor concerned with the speciality for which the selection is being made and the Vice-Chancellor shall consult the Head of the Department and the Dean of School before nominating the Professor.
(3) The Vice-Chancellor, or in his absence the Pro-Vice-Chancellor, shall convene and preside at the meeting of the Selection Committee:
Provided that the meeting of the Selection Committee shall be fixed after prior consultation with, and subject to the convenience of Visitor’s nominee and the experts nominated by the Executive Council:
Provided further that the proceedings of the Selection Committee shall not be valid unless,-
(a) where the number of Visitor’s nominee and the persons nominated by the Executive Council is four in all, at least three of them attend the meeting; and
(b) where the number of Visitor’s nominee and the persons nominated by the Executive Council is three in all, at least two of them attend the meeting.
(4) The procedure to be followed by the Selection Committee shall be laid down in the Ordinances.
(5) If the Executive Council is unable to accept the recommendations made by the Selection Committee, it shall record its reasons and submit the case to the Visitor for final orders.
(6) Appointments to temporary posts shall be made in the manner indicated below:- (i) If the temporary vacancy is for duration longer than one academic session, it shall be filled on the advice of the Selection Committee in accordance with the procedure indicated in the foregoing clauses:
Provided that if the Vice-Chancellor is satisfied that in the interests of work it is necessary to fill the vacancy, the appointment may be made on a purely temporary basis on the advice of a local Selection Committee referred to in sub-clause (ii) for a period not exceeding six months.
(ii) If the temporary vacancy is for a period less than a year, an appointment to such vacancy shall be made on the recommendation of a local Selection Committee consisting of the Dean of the School concerned, the Head of the Department and a nominee of the Vice-Chancellor:
Provided that if the same person holds the offices of the Dean and the Head of the Department, the Selection Committee may contain two nominees of the Vice-Chancellor:
Provided further that in the case of sudden casual vacancies of teaching posts caused by death or any other reason, the Dean may, in consultation with the Head of the Department concerned, make a temporary appointment for a month and report to the Vice-Chancellor and the Registrar about such appointment.
(iii) No teacher appointed temporarily shall, if he is not recommended by a regular Selection Committee for appointment under the Statutes, be continued in service on such temporary employment, unless he is subsequently selected by a local Selection Committee or a regular Selection Committee, for a temporary or permanent appointment, as the case may be.
19. Special mode of appointment. – (1) Notwithstanding anything contained in Statute 18, the Executive Council may invite a person of high academic distinction and professional attainments to accept a post of Professor or any other equivalent academic post in the University on such terms and conditions as it deems fit and on the person agreeing to do so appoint him to the post.
(2) The Executive Council may appoint a teacher or any other academic staff working in any other University or organisation for undertaking a joint project in accordance with the manner laid down in the Ordinances.
20. Appointment for a fixed tenure.– The Executive Council may appoint a person selected in accordance with the procedure laid down in Statute 18 for a fixed tenure on such terms and conditions as it deems fit.
21. Recognised teachers. – (1) The qualifications of recognised teachers shall be such as may be prescribed by the Ordinances.
(2) All applications for the recognition of teachers shall be made in such manner as may be laid down by the Ordinances.
(3) No teacher shall be recognised as a teacher except on the recommendation of a Selection Committee constituted for the purpose in the manner laid down in the Ordinances.
(4) The period of recognition of a teacher shall be determined by the Ordinances made in that behalf.
(5) The Academic Council may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw recognition from a teacher:
Provided that no such resolution shall be passed until notice in writing has been given to the person concerned calling upon him to show cause, within such time as may be specified in the notice, why such resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them have been considered by the Academic Council.
22. Committees. – (1) An authority of the University may appoint as many standing or special Committees as it may deem fit, and may appoint to such Committees persons who are not members of such authority.
(2) A Committee appointed under clause (1) may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing it.
23. Terms and conditions of service and code of conduct of the teachers etc. – (1) All the teachers and other academic staff of the University shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations.
(2) The emoluments of members of the academic staff shall be such as may be prescribed by the Ordinances.
(3) Every teacher and member of the academic staff of the University shall be appointed on a written contract, the form of which shall be prescribed by the Ordinances.
(4) A copy of every contract referred to in clause (3) shall be deposited with the Registrar.
24. Terms and conditions of service and code of conduct of other employees.– (1) All the employees of the University, other than the teachers and other academic staff shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations.
(2) The manner of appointment and emoluments of employees, other than the teachers and other academic staff, shall be such as may be prescribed by the Ordinances.
25. Seniority list. – (1) Whenever, in accordance with the Statutes, any person is to hold an office or be a member of an authority of the University by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade and in accordance with such other principles as the Executive Council may, from time to time, prescribe.
(2) It shall be the duty of the Registrar to prepare and maintain in respect of each class of persons to whom the provisions of these Statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause (1).
(3) If two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in doubt, the Registrar may, on his own motion and shall, at the request of any such person, submit the matter to the Executive Council whose decision thereon shall be final.
26. Removal of employees of the University. – (1) Where there is an allegation of misconduct against a teacher, a member of the academic staff or other employee of the University, the Vice-Chancellor, in the case of the teacher or a member of the academic staff, and the authority competent to appoint (hereinafter referred to as the appointing authority) in the case of other employee may, by order in writing, place such teacher, member of the academic staff or other employee, as the case may be, under suspension and shall forthwith report to the Executive Council the circumstances in which the order was made:
Provided that the Executive Council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or a member of the academic staff, revoke such order.
(2) Notwithstanding anything contained in the terms of the contract of appointment or of any other terms and conditions of service of the employees, the Executive Council in respect of teachers and other academic staff, and the appointing authority in respect of other employees, shall have the power to remove a teacher or a member of the academic staff or other employee, as the case may be, on grounds of misconduct.
(3) Save as aforesaid, the Executive Council, or as the case may be, the appointing authority, shall not be entitled to remove any teacher, member of the academic staff or other employee except for a good cause and after giving three months’ notice or on payment of three months’ salary in lieu thereof.
(4) No teacher, member of the academic staff or other employee shall be removed under clause (2) or clause (3) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(5) The removal of a teacher, member of the academic staff or other employee shall take effect from the date on which the order of removal is made:
Provided that where the teacher, member of the academic staff or other employee is under suspension at the time of his removal, such removal shall take effect from the date on which he was placed under suspension.
(6) Notwithstanding anything contained in the foregoing provisions of this Statute, a teacher, member of the academic staff or other employee may resign,-
(a) if he is a permanent employee, only after giving three months’ notice in writing to the Executive Council or the appointing authority, as the case may be, or by paying three months’ salary in lieu thereof;
(b) if he is not a permanent employee, only after giving one month’s notice in writing to the Executive Council or, as the case may be, the appointing authority or by paying one month’s salary in lieu thereof:
Provided that such resignation shall take effect only on the date on which the resignation is accepted by the Executive Council or the appointing authority, as the case may be.
27. Honorary degrees. – (1) The Executive Council may, on the recommendation of the Academic Council and by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to the Visitor for the conferment of honorary degrees:
Provided that in case of emergency, the Executive Council may, on its own motion, make such proposals.
(2) The Executive Council may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the Visitor, any honorary degree conferred by the University.
28. Withdrawal of degrees, etc.– The Executive Council may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw any degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the University for good and sufficient cause:
Provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon him to show cause within such time as may be specified in the notice why such a resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the Executive Council.
29. Maintenance of discipline among students of the University. – (1) All powers relating to the maintenance of discipline and disciplinary action in relation to the students of the University shall vest in the Vice-Chancellor.
(2) There shall be a Proctor of the University to assist the Vice-Chancellor in the exercise of the powers referred to in clause (1), who shall be appointed by the Executive Council from amongst the Professors and Readers in the manner prescribed by the Ordinances.
(3) The Vice-Chancellor may delegate all or any of the powers referred to in clause (1), as he deems proper, to the Proctor and to such other officers as he may specify in this behalf.
(4) Without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of discipline, the Vice-Chancellor may, in exercise of such powers, by order, direct that any student or students be expelled or rusticated, for a specified period, or be not admitted to a course or courses of study in a College, Institution or Department or a School of the University for a stated period, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the University, College, Institution or Department or a School for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be cancelled.
(5) The Principals of Colleges, Institutions, Deans of Schools of Studies and Heads of teaching Departments in the University shall have the authority to exercise all such disciplinary powers over the students in their respective Colleges, Institutions, Schools and teaching Departments in the University, as may be necessary for the proper conduct of such Colleges, Institutions, Schools and teaching Departments.
(6) Without prejudice to the powers of the Vice-Chancellor and the Principal and other persons specified in clause (5), detailed rules of discipline and proper conduct shall be made by the University. The Principals of Colleges, Institutions, Deans of Schools of Studies and Heads of teaching Departments in the University may also make such supplementary rules as they deem necessary for the purposes stated therein.
(7) At the time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and other authorities of the University.
30. Maintenance of discipline among students of College, or an Institution not maintained by University.– All powers relating to discipline and disciplinary action in relation to students of a College or an Institution not maintained by the University, shall vest in the Principal of the College or Institution, as the case may be, in accordance with the procedure prescribed by the Ordinances.
31. Admission of Colleges, etc., to the privileges of the University. – (1) Colleges and other Institutions situated within the jurisdiction of the University may be admitted to such privileges of the University as the Executive Council and the College Development Council may decide on the following conditions, namely:-
(1) Every such College or Institution shall have a regularly constituted Governing Body, consisting of not more than fifteen persons approved by the Executive Council and including among others, two teachers of the University to be nominated by the Executive Council and three representatives of the teaching staff of whom the Principal of the College or Institution shall be one. The procedure for appointment of members of the Governing Body and other matters affecting the management of a College or an Institution shall be prescribed by the Ordinances:
Provided that the said condition shall not apply in the case of Colleges and Institutions maintained by Government which shall, however, have an Advisory Committee consisting of not more than fifteen persons which shall consist of among others, three teachers including the Principal of the College or Institution, and two teachers of the University nominated by the Executive Council.
(ii) Every such College or Institution shall satisfy the Executive Council and the College Development Council on the following matters, namely:-
(a) the suitability and adequacy of its accommodation and equipment for teaching;
(b) the qualifications and adequacy of its teaching staff and the conditions of their service;
(c) the arrangements for the residence, welfare, discipline and supervision of students;
(d) the adequacy of financial provision made for the continued maintenance of the College or Institution; and
(e) such other matters as are essential for the maintenance of the standards of University education.
(iii) No College or Institution shall be admitted to any privileges of the University except on the recommendation of the Academic Council made after considering the report of a Committee of Inspection appointed for the purpose by the Academic Council.
(iv) Colleges and Institutions desirous of admission to any privileges of the University shall be required to intimate their intention to do so in writing so as to reach the Registrar not later than the 15th August, preceding the year from which permission applied for is to have effect.
(v) A College or an Institution shall not, without the previous permission of the Executive Council, College Development Council and the Academic Council, suspend instruction in any subject or course of study which it is authorised to teach and teaches.
(2) Appointment to the teaching staff and Principal of Colleges or Institutions admitted to the privileges of the University shall be made in the manner prescribed by the Ordinances:
Provided that nothing in this clause shall apply to Colleges and Institutions maintained by Government.
(3) The service conditions of the administrative and other non-academic staff of every College or Institution referred to in clause (2) shall be such as may be laid down in the Ordinances:
Provided that nothing in this clause shall apply to Colleges and Institutions maintained by Government.
(4) Every College or Institution admitted to the privileges of the University shall be inspected at least once in every two academic years by a Committee appointed by the Academic Council, and the report of the Committee shall be submitted to the Academic Council, which shall forward the same to the College Development Council and Executive Council with such recommendations as it may deem fit to make.
(5) The College Development Council and the Executive Council, after considering the report and the recommendations, if any, of the Academic Council, shall forward a copy of the report to the Governing Body of the College or Institution with such remarks, if any, as they may deem fit for suitable action.
(6) The Executive Council may, after consulting the College Development Council and Academic Council, withdraw any privileges granted to a College or an Institution, at any time it considers that the College or Institution does not satisfy any of the conditions on the fulfilment of which the College or Institution was admitted to such privileges:
Provided that before any privileges are so withdrawn, the Governing Body of the College or Institution concerned shall be given an opportunity to represent to the Executive Council as to why such action should not be taken.
(7) Subject to the conditions set forth in clause (1), the Ordinances may prescribe-
(i) such other conditions as may be considered necessary; and
(ii) the procedure for the admission of Colleges and Institutions to the privileges of the University and for the withdrawal of those privileges.
32. Convocations.– Convocations of the University for the conferring of degrees or for other purposes shall be held in such manner as may be prescribed by the Ordinances.
33. Acting Chairman of meetings.– Where no provision is made for a President or Chairman to preside over a meeting of any authority of the University or any Committee of such authority or when the President or Chairman so provided for is absent, the members present shall elect one from among themselves to preside at such meeting.
34. Resignation.– Any member, other than an ex officio member of the Court, the Executive Council, the Academic Council or any other authority of the University or any Committee of such authority may resign by letter addressed to the Registrar and the resignation shall take effect as soon as such letter is received by the Registrar.
35. Disqualifications. – (1) A person shall be disqualified for being chosen as, and for being, a member of any of the authorities of the University-
(i) if he is of unsound mind;
(ii) if he is an undischarged insolvent;
(iii) if he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months.
(2) If any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in clause (1), the question shall be referred to the Visitor and his decision shall be final and no suit or other proceeding shall lie in any civil court against such decision.
36. Residence condition for membership and office.– Notwithstanding anything contained in the Statutes, a person who is not ordinarily resident in India shall not be eligible to be an officer of the University or a member of any authority of the University.
37. Membership of authorities by virtue of membership of other bodies.– Notwithstanding anything contained in the Statutes, a person who holds any post in the University or is a member of any authority or body of the University in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be.
38. Alumni Association. – (1) There shall be an Alumni Association for the University.
(2) The subscription for membership of the Alumni Association shall be prescribed by the Ordinances.
(3) No member of the Alumni Association shall be entitled to vote or stand for election unless he has been a member of the Association for at least one year prior to the date of election and is a degree holder of the University of at least five years standing:
Provided that the condition relating to the completion of one year’s membership shall not apply in the case of the first election.
39. Students Council. – (1) There shall be constituted in the University, a Students’ Council for every academic year, consisting of –
(i) the Dean of Students’ Welfare who shall be the Chairman of the Students’ Council;
(ii) twenty students to be nominated by the Academic Council on the basis of merit in studies, sports and extra-curricular activities; and
(iii) such number of elected representatives of students as may be specified by the Academic Council:
Provided that any student of the University shall have the right to bring up any matter concerning the University before the Students’ Council if so permitted by the Chairman, and he shall have the right to participate in the discussions at any meeting when the matter is taken up for consideration.
(2) The functions of the Students’ Council shall be to make suggestions to the appropriate authorities of the University in regard to the programmes of studies, students’ welfare and other matters of importance, in regard to the working of the University in general and such suggestions shall be made on the basis of consensus of opinion.
(3) The Students’ Council shall meet at least once in an academic year preferably in the beginning of that year.
40. Ordinances, how made. – (1) The first Ordinances made under sub-section (2) of section 30 may be amended, repealed or added to at any time by the Executive Council in the manner specified in the following clauses.
(2) No Ordinance in respect of the matters enumerated in sub-section (1) of section 30 shall be made by the Executive Council unless a draft of such Ordinance has been proposed by the Academic Council.
(3) The Executive Council shall not have power to amend any draft of any Ordinance proposed by the Academic Council under clause (2), but may reject the proposal or return the draft to the Academic Council for re-consideration, either in whole or in part, together with any amendment which the Executive Council may suggest.
(4) Where the Executive Council has rejected or returned the draft of an Ordinance proposed by the Academic Council, the Academic Council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members present and voting and more than half the total number of members of the Academic Council, the draft may be sent back to the Executive Council which shall either adopt it or refer it to the Visitor whose decision shall be final.
(5) Every Ordinance made by the Executive Council shall come into effect immediately.
(6) Every Ordinance made by the Executive Council shall be submitted to the Visitor within two weeks from the date of its adoption.
(7) The Visitor shall have the power to direct the University to suspend the operation of any Ordinance.
(8) The Visitor shall inform the Executive Council about his objection to the Ordinance referred to in clause (7) and may, after receiving the comments of the University, either withdraw the order suspending the Ordinance or disallow the Ordinance, and his decision shall be final.
41. Regulations. – (1) The authorities of the University may make Regulations consistent with the Act, the Statutes and the Ordinances for the following matters, namely:-
(i) laying down the procedure to be observed at their meetings and the number of members required to form a quorum;
(ii) providing for all matters which are required by the Act, the Statutes or the Ordinances to be prescribed by Regulations;
(iii) providing for all other matters solely concerning such authorities or committees appointed by them and not provided for by the Act, the Statutes or the Ordinances.
(2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings.
(3) The Executive Council may direct the amendment in such manner as it may specify of any Regulation made under the Statutes or the annulment of any such Regulation.
42. Delegation of Powers.– Subject to the provisions of the Act and the Statutes, any officer or authority of the University may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers.
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