LexThe Andhra Pradesh Energy University Act, 2017.
Andhra Pradesh · state statute
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THE ANDHRA PRADESH ENERGY 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 Deans of Student Affairs.
12. The Registrar.
13. The Finance Officer.
14. The Librarian.
15. Other Officers.
16. Authorities of the University.
17. The Executive Council.
18. The Academic Council.
19. The Board of Faculties.
20. The Finance Committee.
21. The Planning Board.
22. Other authorities of the University.
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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 Casual vacancies.
38. Proceedings of University authorities or bodies not validated 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
(See section 24)
THE STATUTES OF THE UNIVERSITY
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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 Departments.
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 Committees.
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.
23.Research and Extension.
24.Seniority list.
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25.Removal of employees of the University.
26. Honorary Degrees.
27. Withdrawal of Degrees 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 ENERGY UNIVERSITY ACT, 2017
(ACT No.14 of 2017)
[11th May, 2017]
AN ACT TO ESTABLISH AND INCORPORATE A UNIVERSITY AT THE
STATE LEVEL MAINLY TO PROMOTE AND DEVELOP ENERGY SECTOR,
WITH FOCUS ON RENEWABLE ENERGY AND TO IMPART VOCATIONAL
AND TECHINICAL EDUCATION IN ENERGY FIELD THROUGH CAMPUS
BASED TEACHING AND DISTANCE EDUCATION 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) This Act may be called the Andhra
Pradesh Energy University Act, 2017.
(2) It shall come into force on such date as the State Government may,
by notification in the Andhra Pradesh Gazette;
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;
(g) “executive council” means the Executive Council
of the University;
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(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” mean, respectively,
the Statutes and Ordinances of the University for
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
Ordinances;
(n) “university” means the Andhra Pradesh Energy
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 Energy University;
(2) The headquarters of the University shall be at Anantapur.
(3) The University may to open additional campus centres beyond the
initial campus in Anantapur.
(4) The University may 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 corporate name.
(7) In all suits and other legal proceedings by or against the University
the pleadings, shall be signed and verified by Registrar and all processes in
such suits and proceedings shall be issued to, and served on him.
4. Objects of the University - The objects of the University shall be,-
(a) to impart word class education, research and
training in the field of Energy and allied area;
(b) to provide a mix of academic programs and
advanced research facilities for the development of
human resources and innovative Energy solutions
with global impart;
(c) to promote research in the Energy sector by
offering research intensive programs with state of
art infrastructure and involvement of major
industry players;
(d) to impart skills for jobs across all levels of
workforce in the Energy sector and develop an
Energy talent hub;
(e) to serve as the key knowledge resource for
Energy Sector in the Country;
(f) to develop Centers of Excellence (COE) in various
areas of Energy Efficiency and Renewable Energy
with state of art research infrastructure enabling
innovations in the sector;
(g) to collaborate with national and global
institutions for offering programmes and creating
capabilities for upgrading programmes in relation to
domains of Renewable Energy Management and
allied fields;
(h) to promote consulting services to address policy,
institutional framework, efficiency, technology and
other sector specific challenges;
(j) to establish linkages with leading Energy
industry players and global academic institutions
for knowledge transfer.
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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 degree 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 field of science,
technology and management in relation to the
domains of Energy 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;
(i) to organize and conduct refresher courses,
workshops, seminars and other programmes for
teachers, evaluators and other academic staff;
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(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, and other
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 and immovable
properties from business, industry and other
sections of society, national and international, to
promote academic activity;
(s) to purchase or 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
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construct or alter and maintain any such building
or works;
(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 object 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 Statues;
(x) to determine standards of admission to the
University which may include examination,
evaluation or any other method of testing;
(y) to develop Centres of Excellence (COE) in various
areas of Renewable Energy 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;
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(zd) to make arrangements for promoting the health
and general welfare of the employees;
(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 the 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 the effort to promote Renewable Energy
research activities and also help make the
University self-sustainable;
(zi) to explore and start internal revenue generation
mechanisms like starting an electric power
generating 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 Energy focus or Renewable
Energy;
(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;
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(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;
(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 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 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. Officers 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 officers in the service of the University
as may be prescribed by the statutes.
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.
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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 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 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 appeal 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 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.
11. The Deans 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 as may be
prescribed.
(2) The salary and allowances payable to the Dean of Students Affairs
shall be as may be prescribed.
(3) The Dean of Student Affairs shall discharge the following duties,
namely:-
(a) to make arrangements for the housing of
students;
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(b) to arrange a programme of student counselling;
(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 student;
(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
on 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 Officer - 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;
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.
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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 Ordinance 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
Statutes.
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 prescribed 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 as 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:-
(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;
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(e) the appointment of teachers, academic staff working in
any other University or organistion 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;
(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):
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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.
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 Statute 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:
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,
repealed 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;
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(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 awards 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, 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.
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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 this Act, the Statutes or the Ordinances, in the
manner as may be 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.
(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 Auditor appointed
by him or Accountant-General, Audit.
(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 the
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.
(3) All monies credited to the general Fund 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.
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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 fifty thousand rupees
at a time or in the aggregate, it shall obtain the prior written approval of the
Government therefor.
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 from 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.
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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.
(2) Where such provident fund or pension fund has been so
constituted, the Government may declare that the provision 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 person, if any, as the authority in
each case may think fit.
37. Filling of Causal 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 validated 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 or of any defect or irregularity in the appointment of a
member of any authority or other body of the University 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
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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 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 in 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
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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, that they
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.
(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
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term:
Provided that the Chancellor may direct the 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:
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.
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(iv) In addition to the leave referred to in sub-clause (iii),
the Vice-Chancellor shall also be entitled to half pay leave
at the rate of twenty days for each completed year of
service. This half pay leave may alsExcerpt shown. Open the full act in Lexace.