LexThe ANDHRA PRADESH LOGISTICS UNIVERSITY ACT, 2017
Andhra Pradesh · state statute
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THE ANDHRA PRADESH LOGISTICS UNIVERSITY ACT, 2017
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Establishment of the University.
4. Objects of the University.
5. Powers of the University.
6. Jurisdiction.
7. University open to all classes, castes and creeds.
8. Officers of the University.
9. The Chancellor.
10. The Vice-Chancellor.
11. The Dean of Student Affairs.
12. The Registrar.
13. The Finance Officer.
14. The Librarian.
15. Other Officers.
16. Authorities of University.
17. The Executive Council.
18. The Academic Council.
19. The Board of Faculties.
20. The Finance Committee.
21. The Planning Board.
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22. Other authorities of the University.
23. Statutes.
24. Statutes how to be made.
25. Ordinances.
26. Regulations.
27. Annual Report.
28. Annual Accounts.
29. General and other Funds.
30. Borrowing of money.
31. Conditions of service of employees.
32. Procedure of appeal and arbitration in disciplinary cases against
students.
33. Right to Appeal.
34. Provident and pension funds.
35. Disputes as to Constitution of University Authorities and bodies.
36. Constitution of Committees.
37. Filling of Causal vacancies.
38. Proceedings of University authorities or bodies not invalidated
by vacancies.
39. Protection of action taken in good faith.
40. Mode of proof of University records.
41. Power to remove Difficulties.
42. Transitional Provisions.
43. Statutes, Ordinances Regulations to be published in the Andhra
Pradesh Gazette and to be laid before State Legislature.
THE SCHEDULE
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(See section 24)
THE STATUES OF THE UNIVERSITY
1. The Chancellor.
2. The Vice-Chancellor.
3. Powers and duties of the Vice-Chancellor.
4. Pro-Vice-Chancellor.
5. Registrar.
6. The Finance Officer.
7. Heads of Department.
8. Proctor.
9. Librarian.
10.The Executive Council.
11.Powers and functions of the Executive Council.
12.The Academic Council.
13. Powers and functions of the Academic Council.
14.Board of Faculties.
15. Planning Board.
16.Finance Committee.
17.Selection Committee.
18.Special mode of appointment.
19. Appointment for a fixed tenure.
20. Committees.
21. Terms and conditions of service and code of conduct of the
teachers, etc.
22.Terms and conditions of service and code of conduct of other
employees.
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23.Research and Extension.
24.Seniority list.
25.Removal of employees of the University.
26. Honorary Degree.
27. Withdrawal of Degree etc.
28. Maintenance of discipline among students of the University.
29. Convocations.
30. Acting Chairman of meetings.
31. Resignation.
32. Disqualifications.
33. Residence condition for membership and office.
34. Membership of authorities by virtue of membership of other
bodies.
35. Ordinances how made.
36. Regulations.
37. Delegation of powers.
38.The University shall have presently the following Departments,
Officers and Centres namely.
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THE ANDHRA PRADESH LOGISTICS UNIVESITY ACT, 2017
(ACT No.12 of 2017)
[3rd May, 2017]
AN ACT TO ESTABLISH AND INCORPORATE A UNIVERSITY AT THE
STATE LEVEL MAINLY TO PROMOTE AND DEVELOP LOGISTICS AND
SUPPLY CHAIN SECTOR AND TO IMPART VOCATIONAL AND
TECHNICAL EDUCATION IN LOGISTICS FIELD THROUGH CAMPUS
BASED TEACHING AND DISTANCE EDUCAION MODES AND TO
PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL
THERETO:
Be it enacted by the Legislature of the State of Andhra Pradesh in the
Sixty-eighth year of the Republic of India, as follows:-
1. Short title, and commencement - (1) The Act may be called the Andhra
Pradesh Logistics University Act, 2017.
(2) It shall come into force on such date as the State Government may,
by notification in the Andhra Pradesh Gazette, appoint.
2. Definitions - In this Act, 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) “board of faculties” means the Board of Faculties of the
University;
(d) “department” means a Department of Studies;
(e) “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;
(f) “employee” means any person appointed by the University
and includes teachers and other staff of the University;
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(g) “executive council” means the Executive Council of the
University;
(h) “finance committee” means the Finance Committee of the
University;
(i) “institution” means as academic institution maintained by
the University;
(j) “recognized institution” means an institution of higher
learning recognized by the University;
(k) “regulations” means the Regulations made by any authority
of the University under this Act for time being in force;
(l) “statutes” and “Ordinances” means, respectively, the
Statutes and Ordinances of the University of the time being
in force;
(m) “teachers of the University” means Professor, Associate
Professors, Assistant professors and such other persons as
may be appointed for imparting instruction of conducting
research in the University or in any Institution maintained
by the University and who are designated as teachers by the
Ordinance;
(n)”university” means the Andhra Pradesh Logistics University
established and incorporated as a University under this Act;
(o) ‘vice-chancellor” means Vice-Chancellor of the University.
3. Establishment of the University - (1) There shall be established a
University by the name of the Andhra Pradesh Logistics University;
(2) The headquarters of the University shall be at Kakinada.
(3) The University may open additional campus centres beyond the
initial campus at Kakinada;
(4) The University encourage to use technology extensively as part of
its curriculum in line with modern pedagogic concepts;
(5) The University may be permitted by the Government of Andhra
Pradesh to conduct distance education programmes after satisfactory
running for a period of five years and after satisfactory demonstration of
quality and accreditation standards;
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(6) The University established under sub-section(1) shall be a body
corporate having 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
develop, encourage, popularize and carry out academic courses, training,
research and consulting services in the field of Logistics and supply chain,
by investing in state of the art technology, research methods and constantly
updated curricula and training methods. The University may achieve the
objects in the following ways:
(a) By imparting world class education, research and
training in the field of Logistics and allied areas;
(b) By providing a mix of academic programs and advanced
research facilities for the development of human resources
and innovative Logistics solutions with global impact;
(c) By promoting research in the Logistics Sector by offering
research intensive programs with state of art infrastructure
and involvement of major industry players;
(d) By imparting skills for jobs across all levels of workforce
in the transportation, supply chain and Logistics sector and
develop as a Logistics talent hub.
(e) By serving as the key knowledge resource for Logistics
Sector in the Country.
(f) By developing Centers of Excellence (COE) in various
areas of Logistics and supply chain management with State
of art research infrastructure enabling innovations in the
sector;
(g) By collaborating with national and global institutions for
offering programs and creating capabilities for upgrading
programmes in relation to domains of Logistics and supply
chain Management and allied fields;
(h) By promoting consulting services to address policy,
institutional framework, efficiency, technology and other
sector specific challenges;
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(i) By establishing linkages with leading Logistics industry
players and global academic institutions for knowledge
transfer.
5. Powers of the University - The University shall have the following
powers, namely, -
(a) to provide for instructions and research in such
branches of learning as are relevant for furtherance of the
objects of the University;
(b) 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;
(c) to confer honorary degrees or other distinctions in the
manner prescribed by the Statutes;
(d) to institute and award fellowships, scholarships,
studentships, medals and prizes;
(e) to determine and establish academic curriculum each
year as per the latest industry standards and modify the
course content, as per the requirement or recommendations
from industry, Academic council, Alumni body or any other
institution of repute;
(f) to organize and to undertake extra-mural studies,
training and extension services;
(g) to conduct innovative experiments in new methods and
technologies in the field of science, technology and
management in relation to the domains of Logistics and
allied fields in order to achieve international standards of
such education, training and research;
(h) to make provision for research and advisory services and
for that purpose to enter into such arrangements with other
institutions, industrial or other organizations as the
University may deem necessary;
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(i) to organize and conduct refresher courses, workshops,
seminars and other programmes for teachers, evaluators
and other academic staff;
(j) to make special arrangements in respect of the residence,
discipline and teaching of women students as the University
may consider desirable;
(k) to institute Professorships, Associate Professorships,
Assistant Professorships, another teaching or academic
positions, required by the University and to appoint persons
to such Professorships, Associate Professorships, Assistant
Professorships, or other teaching or academic positions;
(l) to appoint persons working in any other university or
organization as teacher of the University for a specified
period;
(m) to create administrative, ministerial and other posts and
to make appointments thereto;
(n) to collaborate and /or enter into a Memorandum of
understanding (MOU) / alliance with other national and
international Universities, and acquire membership of
bodies, authorities, or associations, in such manner and for
such purpose as the University may determine by Statutes;
(o) to establish, such centres and specialized laboratories,
within Andhra Pradesh, as are, in the opinion of the
University necessary for the furtherance of its objects;
(p) to regulate the expenditure, manage the finances and
maintain the accounts of the University independently;
(q) to fix, demand and receive or recover fees and such other
charges as may be prescribed by the Statutes;
(r) to receive funds, movable properties, from business,
industry, and other sections of society, national and
international, to promote academic activity;
(s) to purchase or to take on lease or accept as gifts,
bequests, legacies or otherwise any land or building or
works which may be necessary or convenient for the
purpose of the University and on such terms and conditions
as it may think fit and proper and to construct or alter and
maintain any such building or works;
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(t) to appoint and fix the pay structure of Advisory Body,
Academic council members, Faculties and other supporting
staff depending on the requirement as determined by the
various councils of the University each year;
(u) to appoint and fix the pay structure, on contract or
otherwise, of visiting Professors, Emeritus Professors,
Consultants, Scholars and such other persons who may
contribute to the advancement of the objects of the
University;
(v) to appoint and fix, with prior approval from the State
Government, the pay structure of eminent personalities from
industry and other leaders in various fields in the Executive
council, and Academic council;
(w) to confer autonomous status on a Department, in
accordance with the Statutes;
(x) to determine standards of admission to the University
which may include examination, evaluation or any other
method of testing;
(y) to develop Centers of Excellence (COE) in various areas of
Logistics supply chain Management with State of art
research infrastructure enabling innovations in the sector;
(z) to open new and additional departments as and when
required based on academic and industry requirements;
(za) to supervise the residences of the students of the
University and to make arrangements for promoting their
health and general welfare;
(zb) to lay down conditions of service of all categories of
employees including their code of conduct;
(zc) to regulate and enforce discipline among the students
and the employees and take such disciplinary measures in
this regard as may be deemed by the University to be
necessary;
(zd) to make arrangements for promoting the health and
general welfare of the employees;
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(ze) to organize suitable distance education programmes;
(zf) to establish, maintain or recognize study Centres for the
delivery of the distance education system in the manner laid
down by the Ordinances;
(zg) to provide for the preparation of instructional material
including films, cassettes, tapes, video cassettes and other
software in collaboration with various Open Universities and
other institutions dealing with the distance education
system;
(zh) to start consulting, advisory and research services in an
effort to promote Logistics and supply chain research
activities and also help make the University self-sustainable;
(zi) to explore and start internal revenue generation
mechanism like starting a Logistics and supply chain
Experiment station, provide testing and certification services
to meet the business needs of industry,; opening a
convention centres etc;
(zj) to share the revenue generated from the internal revenue
generation mechanisms with the industry players as
determined by the Executive Council;
(zk) to establish incubation centres, skill development
centres etc., to promote research activities in the field of
Logistics and supply chain;
(zl) to provide such lectures and instructions for and to grant
such diplomas to field workers, and other persons, as the
University may determine;
(zm) to borrow, with the approval of the Executive Council,
on the security of the property of the University, money for
the purpose of the University;
(zn) to borrow money from the Government of India, any
State Government or any other agency;
(zo) to accept grants or donations from the private industry
players for the purpose of the University; and in return offer
them Chair professorship or other Eminent position in
various councils or naming rights in different
establishments of the university Infrastructure, as
applicable;
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(zp) 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 - The jurisdiction of the University shall extend to the whole
of the State of Andhra Pradesh.
7. University open to all classes, castes and creeds - 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 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 there
in or to be admitted as a student in the University or to graduate there at 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, physically handicapped or of persons belonging to the weaker
sections of the society and, in particular, of the Scheduled Castes and the
Scheduled Tribes.
8. Offices of the University - The following shall be the officers of the
University, -
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the Registrar;
(d) the Comptroller;
(e) the Finance Officer;
(f) the Dean of Student Affairs;
(g) the Deans of the various faculties;
(h) the Director of Research;
(i) the Controller of Examination; and
(j) such other Offices in the service of the University as may
be prescribed by the Statutes.
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9. The Chancellor - The Governor of Andhra Pradesh shall be the
Chancellor of the University. He shall, by virtue of his office, be the head of
the university, and shall, when present, preside at any convocation of the
university. He shall exercise such other powers as may be conferred on him
by or under this Act.
10. The Vice-Chancellor - (1) The Vice-Chancellor shall be appointed by
the Chancellor in such manner and on such terms and conditions of service
as may be prescribed by the Statutes.
(2) The Vice-Chancellor may, if he is of 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 the
action taken by him on such matter.
(3) The Vice-Chancellor may, if he is of 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 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
Chancellor 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 appear 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 this University, may ask the
authority concerned to review its decision within sixty days of such decision
and if the authority refuse 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 Chancellor whose decision thereon shall be final.
(5) The Vice-Chancellor shall exercise such other powers and
discharge such other duties as may be prescribed by the Statutes or the
Ordinances.
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11. The Dean of Student Affairs - (1) The Dean of Student Affairs shall be
a whole-time officer and shall be appointed by the Board in the manner
prescribed by the Statutes;
(2) The salary and allowances payable to the Dean of Students Affairs
shall be such as may be prescribed by the Statutes;
(3) The Dean of Student Affairs shall discharge the following duties
namely, -
(a) to make arrangements for the housing of students;
(b) to arrange a programme of student counseling;
(c) to arrange for the employment of students in accordance
with the plans approved by the Vice-Chancellor;
(d) to supervise the extracurricular activities and to look
after the needs of students;
(e) to assist in the placement of graduates of the University;
and
(f) to organize and maintain contact with the alumni of the
University.
12. The Registrar - (1) The Registrar shall be appointed in such manner as
may be prescribed by the Statutes;
(2) The Registrar shall have the power to enter into agreement, sign
documents and authenticate records on behalf of the University and shall
exercise such powers and discharge such duties as may be prescribed by
the Statutes.
13. The Finance Officers - The Finance Officer shall be appointed in such
manner and shall exercise such powers and discharge such duties as may
be prescribed by the Statutes.
14. The Librarian - The Librarian shall be appointed in such manner and
shall exercise such powers and discharge such duties as may be prescribed
by the Statutes.
15. Other Officers - The manner of appointment and powers and duties of
the other officers of the University shall be prescribed by the Statutes.
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16. Authorities of University - The following shall be the authorities of the
University, namely, -
(a) the Executive Council;
(b) the Academic Council;
(c) the Board of faculties;
(d) Finance Committee;
(e) Planning Board; and
(f) Such other bodies as may be prescribed by the Statutes.
17. 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 as prescribed by the
Statutes.
18. 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 as prescribed by the
Statues.
19. The Board of Faculties - The constitution, powers and functions of the
Board of Faculties shall be as prescribed by the Statutes.
20. The Finance Committee - The constitution, powers and functions of
the Finance Committee shall be as prescribed by the Statutes.
21. The Planning Board - The Constitution, powers and functions of the
Planning Board shall be as prescribe by the Statutes.
22. 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.
23. Statutes - Subject to the provisions of this Act, the Statutes may
provide for all or any of the following matters, namely:-
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(a) the constitution, powers and functions of the
authorities, and other bodies of the University, as may be
constituted from time to time.
(b) appointment and continuance in office of the members of
the said authorities and bodies, 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 and other academic staff
and other employees of the University, their emoluments
and other conditions of service;
(e) the appointment of teachers, academic staff working in
any other University or organization for specific period for
undertaking a joint project;
(f) the conditions of service of employees including provision
for pension, insurance and provident funds, the manner of
termination of service and disciplinary action;
(g) the principles governing the seniority of service of the
employees of the University;
(h) the procedure for arbitration in cases of dispute between
employees or students and the University;
(i) the procedure for appeal to the Executive Council by any
employees or student against the action of any officer or
authority of the University;
(j) the conferment of autonomous status on an Institution;
(k) the establishment and abolition of Department, Centers
and Institutions;
(l) the conferment of honorary degrees;
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(m) the withdrawal of degrees, diplomas, certificates and
other academic distinctions;
(n) the institution of fellowships, scholarships, studentships,
medals and prizes;
(o) the delegation of powers vested in the authorities or
officers of the University;
(p) the maintenance of discipline among the employees and
students; and
(q) all other matters which by this Act are to be or may be
provided for by the Statutes;
24. 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 Statues 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;
Provided further that the Executive Council shall not consider to
make, amend or repeal any statute relating to the matters provided under
clauses (j) and (k) of section 23 except with the prior approval of the
Chancellor;
(3) Every new Statute or addition to the Statutes or any amendment or
repeal of a Statute shall require the assent of the Chancellor who may
assent thereto or withhold assent or remit to the Executive Council for re-
consideration in the light of observations, if any, made by him.
(4) A new Statue or a Statute amending or repealing an existing
Statute shall have no validity unless it has been assented to by the
Chancellor;
(5) Notwithstanding anything contained in the foregoing sub-sections,
the Chancellor 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;
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Provided that the Chancellor 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 the Legislature of the State.
25. Ordinances - (1) The first Ordinances shall be made by the Vice-
Chancellor during the period for two years immediately after the
commencement of this Act and the Ordinances so made may be amended,
repeal or added to at any time by the Executive Council in the manner
prescribed by the Statutes.
(2) 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, 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 (to be revised @ 10% in each year)
each year for courses of study in the University and for
admission to the examinations, degrees and diplomas of the
University;
(f) the conditions for award to 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;
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(i) the special arrangements, if any, which may be made for
the residence, discipline and teaching of women students
and prescribing of special courses of studies for them;
(j) the appointment and emoluments of employees other
than those for whom provision has been made in the
Statutes;
(k) the establishment of Centres of Studies, Board of
faculties, Special Centres, Specialized Laboratories and
other Committees;
(l) the manner of co-operation and collaboration with other
Universities, Institutions and other agencies including
learned bodies or associations in India or abroad;
(m) the creation, composition and functions of any other
body which is considered necessary for improving the
academic life of the University;
(n) such other terms and conditions of service of teachers
and other academic staff as are not prescribed by the
Statutes;
(o) the management of Institutions established by the
University;
(p) setting up of a machinery for redressal of grievances of
employees; and
(q) all other matters which by this Act or the Statutes may
be provided for by the Ordinances.
26. 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 the this Act, the Statutes or the Ordinances, in the
manner prescribed by the Statutes.
27. Annual Report - (1) The annual report of the University shall be
prepared under the direction of the Executive Council which shall include,
among other matters, the steps taken by the University towards the
fulfillment of its objects and shall be submitted to the Chancellor on or
before such date as may be prescribed by the Statutes;
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(2) A copy of the annual report, as prepared under sub-section(1),
shall also be submitted to the State Government. The State Government
shall as soon as may be, lay the same before the State Legislature.
28. 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 Director of State Audit or any Audit or appointed
by him or Accountant-General;
(2) A copy of the annual accounts together with the audit report
thereon along with the observations, of the Executive Council, if any, shall
be submitted to the Government;
(3) Any observations made by the Government on the annual accounts
shall be brought to the notice of the Executive Council and the views of the
Executive Council, if any, on such observations shall be submitted to the
Government;
(4) A copy of the annual accounts together with the audit report
submitted to the State Government shall, as soon as may be, laid before he
State Legislature.
29. General and other Funds - (1) The income from the fees and other
charges realized by, any contribution and endowment received by, and all
grants made to the University, shall Form one general fund to be called the
“General Fund of the University” and all money so realized and received
shall be credited to it.
(2) The University may have such other funds and shall maintain such
accounts in respect of every fund as may be prescribed by the Statutes;
(3) All moneys credited to the Funds of the University shall be
deposited in such Banks or invested in such manner as the University may,
with the previous approval of the Government decide.
30. Borrowing of money - The University may accept money from the
Government of India, the State Government, the University Grants
Commission and other agencies and also borrow money from a Bank or a
Corporation, for the purposes of the University;
Provided that where the University intends to borrow money from a
Bank or Corporation or both exceeding an amount of five lakhs rupees at a
time or in the aggregate, it shall obtain the prior written approval of the
Government therefor.
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31. 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 an
Arbitration Tribunal consisting of one member appointed by the Executive
Council, one member nominated by the employee and an umpire appointed
by the Chancellor;
(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.
32. 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 form appearing at the
examination 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 an Arbitration Tribunal and the provisions of sub-sections (2)
and (3) of section 31 shall, as far as may be, apply to a reference made
under this sub-section;
33. Right to Appeal - Every employee or student of the University or
Institution maintained by the University 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 Institution, as the case may
be, and thereupon the Executive Council may confirm, modify or reverse the
decision appealed against.
34. Provident and pension funds - (1) The University shall constitute, for
the benefit of its employees in such manner and subject to such conditions
as may be prescribed by the Statutes such provident or pension fund or
provide such insurance schemes as it may deem fit;
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(2) Where such provident fund or pension fund has been so
constituted, the Government may declare that the provisions of the
Provident Fund Act, 1925 shall apply to such fund as if it were a
Government Provident Fund.
35. Disputes as to Constitution of University Authorities and bodies -
If any question arises 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 Chancellor whose decision
thereon shall be final.
36. Constitution of Committees - Where any authority of the University is
given power by this Act or the Statutes to appoint Committees, such
committee shall, save as otherwise provided, consist of members of the
authority concerned and of such other persons, if any, as the authority in
each case may think fit.
37. 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 or other
body who appoints, elects or co-opts the member whose place has become
vacant and any person appointed, elected or co-opted to a casual vacancy
shall be 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.
38. Proceedings of University authorities or bodies not invalidated by
vacancies - No Act or proceedings or 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 or of any defect or irregularity in the
appointment of a member of any authority or body of the University or of
any defect or irregularity in such act or proceeding not effecting the merits
of the case.
39. Protection of action taken in good faith - No suit or other legal
proceedings shall lie against any officer or 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.
40. Mode of proof of University records - Copy of any receipt, application,
notice, order, proceeding or resolution of any authority or Committee of the
University or other documents 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 prime facie evidence of such receipt,
application, notice, order, proceeding, resolution or documents or the
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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 notwithstanding anything
contained in the Indian Evidence Act, 1872 or any other law for the time
being in force.
41. Power to remove Difficulties - (1) If any difficulty arises in giving
effect to the provisions of this Act, the State Government may, by
notification published in the Andhra Pradesh 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 notification shall be made under this section
after the expiry of three years from the date of commencement of this Act.
(2) Every notification made under this section shall be laid, as soon as
may be after it is made, before the State legislature.
42. Transitional Provisions - Notwithstanding anything contained in this
Act and the Statutes:-
(a) the Governor of Andhra Pradesh shall be the Chancellor
of the University;
(b) the first Vice-Chancellor shall be appointed by the
Chancellor and the said officer shall hold office for a term of
three years;
(c) the first Registrar and the first Finance Officer shall be
appointed by the Vice-Chancellor and each of the said
officers shall hold office for a term of three years;
(d) the first Executive Council shall consist of not more than
twenty members 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, and 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 Vice-Chancellor, 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 that office, if such vacancy had not
occurred.
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43. Statutes, Ordinances Regulations to be published in the Andhra
Pradesh Gazette and to be laid before State Legislature, - (1) Every
Statute, Ordinance or Regulation made under this Act shall be published in
the Andhra Pradesh Gazette.
(2) Every Statute, Ordinance or Regulation made under this Act shall
be laid, as soon as may be after it is made, before both houses of the State
Legislature, while it is in session, for a total period of fourteen 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, 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 Statute, Ordinance or Regulation
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.
THE SCHEDULE
(See section 24)
THE STATUTES OF THE UNIVERSITY
1. The Chancellor - The Governor of Andhra Pradesh shall be the
Chancellor of the University. He shall, by virtue of his office, be the head of
the University, and shall, when present, preside at any convocation of the
University. He shall exercise such other powers as may be conferred on him
by or under this Act.
2. The Vice-Chancellor - (1) The first Vice-Chancellor shall be appointed by
the Chancellor and the said officer shall hold office for a term of three years;
(2) The Vice-Chancellor shall be a whole-time salaried officer of the
University.
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(3) The Vice-Chancellor shall hold office for a term of three years from
the date on which he enters upon his office, and shall, on the expiration of
his term of office, be eligible for re-appointment to that office for a second
term.
Provided that the Chancellor 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 or till his successor is
appointed and enters upon his office, whichever is earlier.
(4) Notwithstanding anything contained in clause (3) a person
appointed as Vice-Chancellor shall, if he attains the age of seventy years
during the term of his office or any extension thereof, retire from office.
(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 State Government from time to time;
Provided that if he assumes office after retiring on superannuation
from a pensionable post, his salary and allowances shall be reduced by the
gross amount of his pension prior to commutation or the payment of
pension shall be held in abeyance until he relinquishes office:
Provided further that if he assumes office after retiring on
superannuation from a non-pensionable post, his salary and allowances
shall be reduced by the gross amount equivalent of retirement benefits
availed of by him on superannuation:
Provided also that where such employee had been a member of any
pension scheme, the University shall make the necessary contribution to
such scheme.
(ii) The Vice-Chancellor shall be entitled to travelling
allowance at such rates as may be fixed by the Executive
Council.
(iii) 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
installments of fifteen days each on the 1 st day of January
and July every year:
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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.
(iv) In addition to the leave refeExcerpt shown. Open the full act in Lexace.