LexThe Andhra Pradesh Fisheries and Ocean University (Establishment and Regulation) Act, 2017.
Andhra Pradesh · state statute
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THE ANDHRA PRADESH FISHERIES AND OCEAN UNIVERSITY
(ESTABLISHMENT AND REGULATION) ACT, 2017
ARRANGEMENT OF SECTIONS
SECTIONS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
ESTABLISHMENT OF UNIVERSITY
3. Establishment of University
4. Goals and Objects of the University
5. Powers and functions of the University
6. Application for establishment of a University
7. Project Report
8. The power of Council for constitution of Expert (Screening)
Committee and factors to consider proposal
9. Recommendations of the additional measures
10. Letter of intent
11. Establishment of University by amending Schedules
12. Management of certain Institutions
13. University open to all irrespective of sex, religion, class, creed or
opinion
CHAPTER III
OFFICERS OF UNIVERSITY
14. Officers of University
15. Chancellor
16. Vice Chancellor
17. Registrar
18. Chief Finance and Accounts Officer
19. Other Officers
CHAPTER IV
AUTHORITIES OF UNIVERSITY
20. Authorities of the University
21. Constitution, Tenure, Powers, Quorum, etc. of the Governing Body
22. Board of Management
23. Academic Council
24. Disqualifications
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25. Vacancies not to invalidate the constitution of, or the proceedings
of any authority or body of University
26. Constitution of committees
CHAPTER V
STATUTES, ORDINANCES AND REGULATIONS
27. First statutes
28. Subsequent Statutes
29. First Ordinances
30. Subsequent Ordinances
31. Regulations
CHAPTER VI
REGULATION AND ACCREDITATION OF UNIVERSITY
32. Regulation and Accreditation of University
33. Convocation
34. Accreditation University
35. University to follow rules, regulations, norms, etc. of regulating
bodies
CHAPTER VII
FUNDS OF UNIVERSITY
36. Endowment Fund
37. General Fund
38. Application of General Fund
CHAPTER VIII
ACCOUNTS, AUDIT AND ANNUAL REPORT
39. Annual Report
40. Annual Accounts and Audit
CHAPTER IX
WINDING UP OF UNIVERSITY
41. Management of University on dissolution of Sponsoring Body
42. Dissolution of University
43. Special Powers of State Government in certain circumstances
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CHAPTER X
MISCELLANEOUS
44. Powers of Government to make rules
45. Power to remove difficulties
SCHEDULE
(See Section 3)
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THE ANDHRA PRADESH FISHERIES AND OCEAN UNIVERSITY
(ESTABLISHMENT AND REGULATION) ACT, 2017
(ACT No.13 of 2017)
(3rd May, 2017)
AN ACT TO PROVIDE FOR ESTABLISHMENT AND REGULATION OF A
FUNCTIONAL UNIVERSITY IN THE STATE OF ANDHRA PRADESH
WITH OBJECTS TO PROVIDE HIGH QUALITY, RESEARCH
ORIENTED AND INDUSTRY RELEVANT HIGHER EDUCATION IN
FISHERIES AQUACULTURE AND OCEAN SCIENCE AND TO IMPROVE
ACCESS AND EQUITY IN HIGHER EDUCATION IN ORDER TO
ENHANCE THE GROSS ENROLMENT RATIO (GER) AND FOR THE
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:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement- (1) This Act may be called the
Andhra Pradesh Fisheries and Ocean University (Establishment and
Regulation) Act, 2017.
(2) It extends to the whole State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government may,
by notification, appoint.
2. Definitions- In this Act, unless the context otherwise requires,-
(1) “AICTE” means the All India Council for Technical Education
established under section 3 of the All India Council for Technical
Education Act, 1987;
(2) “AIU” means the Association of Indian Universities Registered under
the Societies Registration Act, 1860;
(3) “Central Government” means the Government of India;
(4) “Constituent College or Institution” means and includes a college or
institution of the Sponsoring body;
(5) “CSIR” means the Council of Scientific and Industrial Research,
New Delhi, a society registered under the society registered under
the Societies Registration Act, 1860;
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(6) “DBT” means the Department of Biotechnology of the Central
Government;
(7) “DST” means the Department of Science and Technology of the
Central Government;
(8) “Eminent Persons Panel” means a panel of Six persons of
impeccable integrity having outstanding knowledge and expertise
in academics, scientific research in Fisheries field, public
administration, finance, law or management etc. notified by the
Government from time to time;
(9) “Expert Committee” means a committee of eminent persons
notified by the Government to promote, facilitate and assist in
establishment of new Private Universities in Andhra Pradesh
constituted under section 8;
(10) “Fee” means collection of amounts made by the University from
students for different purposes under different heads and which
is non-refundable;
(11) “Fisheries” means fishing, fish farming related to the conservation,
development, propagation, protection, exploitation, proceeding,
value adding like activities of fishing and fish products connected
with education and research and it includes all sectors comprising
Biology, Environmental Science, Technology, Economics, Social
Science;
(12) “Fishermen Community” means people mainly engaged in fishing
activities for livelihood;
(13) “Fisheries Education” means all education in production,
conservation, processing trading and sustainable management of
all fishery resources;
(14) “Fish farmer” means the person doing farming of different varieties
of aquatic animals and plants for his livelihood or to enable him to
earn economic gain at any stage of their life cycle.
(15) “Fish processing industry” means and includes proceeding and
value addition of fish products and industries connected with it;
(16) “Fish Resources” means all aquatic living resources;
(17) “Government” means the Government of Andhra Pradesh;
(18) “Higher Education” means study of a curriculum or course for the
pursuit of knowledge beyond 10+2 level;
(19) “ICAR” means the Indian Council of Agricultural Research,
registered under the Societies Registration Act, 1860; (Central Act
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No.21 of 1860).
(20) “NAAC” means the National Assessment and Accreditation Council,
an autonomous institution of the UGC;
(21) “Notification” means a notification published in the Andhra
Pradesh Gazette and the word ‘notified’ shall be construed
accordingly;
(22) “Ocean Sciences” means all education and research in Ocean
Science including ocean resource development, living and non-
living resources and their exploration, conservation, fostering,
consumption, management and trade; (Central Act No.8 of 1948).
(23) “Prescribed” means prescribed by rules made under this Act;
(24) “Regulatory Authority” means the Authority established under
section 32 of the Andhra Pradesh Private Universities
(Establishment and Regulation) Act, 2016; (Act No.3 of 2016).
(25) “Regulatory Body” means and includes a body such as UGC,
AICTE, NAAC, ICAR, DBT, DST, CSIR, BCI established by the
Central Government or Government for maintenance of standard
of higher education;
(26) “Regulations” means regulations made by any authority of the
University under section 31;
(27) “Rules” means rules made under section 44;
(28) “Schedule” means the Schedule appended to this Act;
(29) “Specified” means specified by Ordinances, Statues and
Regulations under this Act;
(30) “Sponsoring body” in relation to a University established under
this Act means,-
(i) a society “not for profit” registered under the Societies
Registration Act, 1860 (Central Act No.21 of 1860) or the Andhra
Pradesh Societies Registration Act, 2001 (Act No.35 of 2001): or
(ii) a public trust “not for profit” registered under the Indian
Trusts Act, 1882: (Central Act No.2 of 1882) or
(iii) any other society or trust “not for profit” registered as above
and formed by consortia of academic institution(s), industry
and/or educational societies; or
(iv) any company registered under section 8 of the Companies
Act, 2013 (Central Act No.13 of 2013); or
(v) any company other than the company mentioned in item (iv),
with such limitations as specified by the Government from
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time to time.
(31) “State University” means a university established under the
Andhra Pradesh Universities Act, 1991 (Act No.4 of 1991);
(32) “Statutes” and “Ordinances” mean the Statutes and the
Ordinances of the University made under this Act;
(33) “Student” means a student of the University and includes any
person enrolled in the University for pursuing any course of
study for a degree, diploma or other academic distinction duly
instituted by University, including a research degree;
(34) “Teacher’ means a Professor, Associate Professor, Assistant
Professor, or any other person required to impart education or to
guide research or render guidance in any other form to the
students for pursuing a course of study of the University;
(35) “UGC” means the University Grants Commission established
under section 4 of the University Grants Commission Act, 1956
(Central Act No.3 of 1956).
(36) “University” means the university established under section 3 of
the Act;
CHAPTER II
ESTABLISHMENT OF UNIVERSITY
3. Establishment of University- (1) The Government may permit the
establishment of Fisheries and Ocean University which shall be a functional
university and shall confine to the field of fisheries and related allied activities
by inclusion of the name and location of the University, the name and
address of Sponsoring body and details of its registration in Scheduled.
(2) The location of the University shall be within the State of Andhra
Pradesh and shall be notified by the Government.
(3) The University shall be established on a Public-Private-Participatory
mode with the contribution of the Government to a maximum of 49% of share
capital on civil works and equipments (capital investment).
(4) The University shall exercise such powers and discharge such
functions as it may require but shall confine to the filed for which the
University is established.
(5) The University shall have a minimum of 50 acres of land and the
income derived from farming on the land shall be unitised to meet the part of
recurring expenditure of the University.
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(6) The University shall normally be permitted to have two campuses
with one fresh water campus and another campus with marine environment
provided that the Government may, under exceptional circumstances such as
starting a new specialized course nearby the industrial clusters, if it deems
fit, permit one additional academic campus or centre subject to adherence to
quality levels and satisfactory accreditation standards as may be specified:
Provided that the Government may permit a university to open
additional campus or centre beyond three (3) campuses, if any, anywhere
within the State of Andhra Pradesh subject to satisfactory running for a
period of five years and on fulfilment of such infrastructure and other
requirements as may be specified.
(7) The University shall be free to encourage or se technology
extensively as a part of its curriculum in line with modern pedagogic
concepts.
(8) The Government may permit the University to conduct distance
education programme within the State of Andhra Pradesh after a period of
five years and satisfactory demonstration of quality levels and accreditation
standards.
(9) The Governing body, the Board of Management, the Academic
Council, the Chancellor, the Vice-Chancellor, the Registrar, the Chief Finance
and Accounts Officer and such other officers or authorities, so long as they
continue to hold such office or membership of the respective university
specified in Schedule, hereby constitute a body corporate by the name of the
said University.
(10) The University shall be body corporate by the name included in
Schedule and shall have perpetual succession and common seal with power,
subject to the provisions of the Act, to acquire and hold property, to contract
and shall, by the said name, sue or be sued.
4. Goals and Objects of the University- The Goals and Objects of the
University shall be as follows:-
(a) to provide for instruction, teaching learning and training in the
University in the field of Fisheries, Ocean Sciences and allied
branches; and make provisions for research, advancement and
dissemination of knowledge;
(b) to act as a centre of excellence having leading role for Human
Resources Development in Fisheries and Ocean Science sectors;
(c) furthering the advancement of learning and conduct of research
in fisheries, ocean sciences and allied subjects;
(d) to formulate new courses and curriculum in Fisheries and Ocean
Sciences in accordance with the technical advances in the
respective fields;
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(e) to establish and maintain a campus with international standards
for fisheries education;
(f) to create higher levels of intellectual abilities;
(g) to create and maintain centers of excellence, for research and
development on fisheries, ocean sciences and allied subjects and
for sharing knowledge and its application;
(h) to encourage and use the latest technology for fisheries
education, research, fish resources management and extension
education;
(i) to develop state-of-art facilities for fisheries, education research
and training;
(j) to establish educational programmes for diplomas, degrees and
postgraduate courses, doctorate degrees and post-doctoral
programmes in fisheries and ocean science;
(k) to collaborate with national and global institutions for offering
programmes and creating capabilities for upgrading programmes;
(l) to confer degrees, diplomas and other academic distinctions on
the basis of an approved method of as established by the
academic council of the University;
(m) to ensure that the standards of the degrees, diplomas and other
academic distinctions are higher than those laid down by the
Regulatory Bodies;
(n) to establish appropriate linkages with fisheries processing
industry, fish farmers and fishermen community so that the
programmes so offered are relevant to industry and society at
large; and
(o) to pursue any other objectives as may be approved by the
Government:
Provided that notwithstanding anything contained in this Act and
save as provided in any Central Act, the University shall be eligible to
undertake the functions of disseminating of knowledge only in the
fields fisheries, aquaculture, ocean sciences and allied subjects or in
the fields subsequently approved by the Government.
5. Powers and functions of the University- The University shall exercise
the following powers and perform the following functions, namely:-
(1) administer and manage the University;
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(2) establish, administer and manage the University’s constituent
colleges, schools, institutes and centers for research, education,
training, extension and outreach;
(3) provide an ecosystem for research, higher education including
professional education, teaching, learning, training, extension
and outreach in the fisheries and allied fields of education;
(4) conduct programmes and courses of study that are in the opinion
of the University, necessary for the furtherance of its objects;
(5) conduct innovative experiments in educational technologies,
teaching and learning methods that improve the delivery of
education and assist in achieving international standards of
education;
(6) offer joint programmes in collaboration with national and
international institutions recognized by Regulatory Bodies;
(7) hold examinations and confer degrees, diplomas (PG Diplomas)
and other academic distinctions or titles on persons subject to
such condition as the University may determine and to withdraw
or cancel any such degrees, diplomas and other academic
distinctions or titles in the manner specified by the Regulations;
(8) confer honorary degrees or other distinctions in the manner
provided by the Statutes;
(9) establish a new constituent college, institution or center for
furtherance of its objects;
(10) collaborate 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;
(11) sponsor and undertake research and educational programmes in
the fisheries and allied fields of education and obtain the
intellectual property rights for such research or any other
research;
(12) institute and award fellowships, scholarships, prizes, medals and
other awards;
(13) regulate the expenditure, manage the finances and maintain the
accounts of the University;
(14) demand and receive fellowships, scholarships, prizes, medals and
other awards;
(15) receive funds, movable and immovable properties, from business,
industry, other sections of society, national and international;
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(16) 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;
(17) to sell, exchange, lease or otherwise dispose of all or any portion
of the properties of the University, movable or immovable, with
the prior permission of the Government, on such terms as it may
think fit and consistent with the interest, activities and objects of
the University;
(18) to draw and accept, to make and endorse, to discount and
negotiate promissory notes, bills of exchange, cheques and other
negotiable instruments;
(19) to raise and borrow money on bond, mortgages, promissory notes
or other obligations or securities founded or based upon all or
any of the properties and assets of the University or without any
securities with the prior permission of the Government and upon
such terms and conditions as it may think fit and to payout of the
funds of the University, all expenses incidental to the raising of
money, and to repay and redeem any money borrowed;
(20) to invest the funds of the University in or upon such securities
and transpose any investment from time to time with the prior
permission of the Government in such manner as it may deem fit
in the interest of the University;
(21) to execute conveyances regarding transfers, mortgages, leases,
licenses, agreements, and other conveyances in respect of
property, movable or immovable including Government securities
belonging to the University or to be acquired for the purpose of
the University with the prior permission of the Government;
(22) to admit students for the courses offered by the University in the
manner prescribed by the Ordinances; to create academic,
technical, administrative, ministerial and other posts prescribing
qualifications by the Ordinances and to make appointments
thereto;
(23) to create academic, technical, administrative, ministerial and
other posts prescribing qualifications by the Ordinances and to
make appointments thereto;
(24) to institute professorships, associate professorships, assistant
professorships, readerships, lectureships, and any other
teaching, academic or research posts and to prescribe by the
Statutes, the qualifications for the persons to be appointed on
such posts;
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(25) to appoint qualified persons as professors, associate professors,
assistant professors, or as teachers and researchers or other
officers of the University in such manner as may be prescribed by
the Statutes;
(26) to delegate all or any of its powers (expect the power to make
regulations) to any officer or authority of the University; and
(27) to do all such acts and things as the University may consider
necessary conducive or incidental to the attainment or
enlargement of all or any of the objects.
6. Application for establishment of a University- Any Sponsoring body
desirous of establishing a Private University shall make an application to the
Council or the Designated Authority as may be notified by the Government.
Such an application should contain, among other things, an outline of the
purpose & vision of the proposed Private University, along with a project
report with all relevant details containing the proposal and the project report
in such manner containing such particulars along with such fee as may be
prescribed.
7. Project Report- In addition to the particulars as may be stated in section
6, the project report shall contain the following, namely:-
(a) Details of the Sponsoring body along with the copies of its
registration certificate, constitution and bye-laws;
(b) Information regarding financial resources of the Sponsoring body
along with audited financial statements for the last five years;.
(c) Name, location and headquarters of the proposed University and
records of a minimum of 50 acre of suitable land owned by the
sponsoring body;
(d) Track record, experience and expertise of the Sponsoring Body in
fisheries disciplines;
(e) Plan for pre-commencement activities, including in academic &
non-academic areas;
(f) Projected detailed financial statements, and key operating ratios,
detailed break-up of sources of revenues including student fees,
ancillary income from student services such as student housing,
and other professional income such as through consulting;
(g) Proposed fee structure, and proposed minimum concessions or
rebates in fee or free ships and scholarships to the poor students
from economically poor or socially backward families, including
Scheduled Castes, Scheduled Tribes, other Backward Classes and
physically challenged students;
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(h) System proposed to be followed for appointment of faculty and
other employees in the University;
(i) Details of facilities proposed to be created for sports and other
extra-curricular activities;
(j) Proposed approach & initial plan for academic & research
excellence, including accreditations to be sought;
(k) Corpus funds (Endowment funds) to be maintained;
(l) Other required details as may be notified from time to time.
8. The power of Council for constitution of Expert (Screening)
Committee and factors to consider proposal-
(1) The Government shall constitute an Expert Committee (Screening
Committee), consisting of such persons as may be prescribed, to examine the
application received under Sections 6 and 7;
(2) The Expert Committee shall consider the proposal and the project
report based on the information given under section 6 and 7 and recommend
or otherwise whether the proposal to set up a Functional University is
acceptable and whether the Sponsoring body is competent to set up and
manage the University;
(3) The Expert Committee shall consider each proposal and project
report with reference to the following factors:
(a) financial soundness and assets of the Sponsoring body and
its ability to setup the infrastructure of the proposed
University;
(b) Equity Participation of government in the University;
(c) background of the Sponsoring body such as experience in
the field of Fisheries, its credibility and general reputation;
(d) potentiality of the programmes and courses to be offered
which are not only of conventional nature but also in tune
with the contemporary requirements of emerging branches
of learning and relevant to various fisheries sectors and to
fishermen community in general;
(e) appropriateness of the objectives of the proposed University
against the overall goals & objectives of the State; and
(f) fee to be charged vis-a-vis market potential of the course &
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fee charged is similar institution & various scholarships
etc., offered to the meritorious candidates;
(g) Endowment funds (Corpus funds) to be establish by the
University;
(h) any other factor that the Expert Committee may deem
appropriate.
(4) The Expert Committee, while considering the proposal and the
project report, may call for such other information from the Sponsoring body
as it thinks proper for the purpose.
(5) The Expert Committee shall endeavour to present its
recommendations to the Government within 60 days of its receipt of the
proposal from the Government.
9. Recommendations of the additional measures- The Expert Committee
may recommend to the Government appropriate additional measures for
Fisheries and Ocean University, from time to time.
10. Letter of intent- (1) After receipt of the recommendations of the Expert
Committee under section 8, the Government shall, as far as possible within a
period of 30 days, take a decision on accepting, rejecting or seeking
modifications in the proposal, and project report;
Provided that the Government may consider the additional
measures as recommended by the Expert Committee under section 9.
(2) The Government shall inform the Sponsoring Body about its
decision within 10 days of taking such decision, through a Letter of Intent, a
Letter of Regret, or a letter seeking additional clarifications.
(3) The Government, while issuing the Letter of Intent, shall require
the Sponsoring body to fulfill such terms and conditions as recommended by
the Expert Committee. If the letter from the Council seeks additional
clarifications, the Sponsoring Body may provide the same and that shall be
considered as a re-submission of the Application.
(4) The Sponsoring body shall fulfill the terms and conditions and
report compliance to the Government within two years period from the date of
issue of Letter of Intent:
Provided that Government may further extend the term for a
maximum period of one year not exceeding six months at a time if it
is satisfied that the sponsoring body has taken substantial steps
towards setting up of the University.
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(5) On receipt of compliance report, the Government shall, within a
period of one month, request the Expert Committee, constituted under
Section 8 or constitute another similar Committee, to verify the compliance
report within a period of 30 days.
11. Establishment of University by amending Schedules- If the
Government is satisfied that the Sponsoring body has complied with the
conditions of Letter of Intent and on the specific recommendations of the
Expert Committee, it shall endeavour within a maximum period of seven
months for inclusion of the name of the University in Schedule with details of
its location(s) by way of amendment of Schedule.
12. Management of certain Institutions- Subject to the provision of sub-
section (4) of section 3 the University may, as and when it deems fit and
proper, establish and manage and additional campuses, centers education,
training, extension and outreach within the State of Andhra Pradesh.
13. University open to all irrespective of sex, religion, class, creed or
opinion- (1) No person shall be excluded from any office of the University or
from membership of any of its authorities or from admission to any degree,
diploma or other academic distinction or course of study on the ground of
sex, race, creed, class, caste, place or birth, religious belief or political or
other opinion.
(2) It shall not be lawful for the University to impose on any person
any test whatsoever relating to sex, race, creed, caste, class, place of birth,
religious belief or political or other opinion in order to entitle him to be
admitted as a student or to hold any office or post in the University or to
qualify for any degree, diploma or other academic distinction or to enjoy or
exercise any privileges of the University or any benefaction thereof.
CHAPTER III
OFFICERS OF UNIVERSITY
14. Officers of University- The following shall be the officers of the
University, namely:-
(a) The chancellor;
(b) The Vice Chancellor;
(c) The Registrar;
(d) The Chief Finance and Accounts Officer;
(e) Controller of examinations;
(f) Deans various faculty;
(g) Dean of student affairs; and
(h) such other officers as may be declared by the Statutes to be
the officers of the University.
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15. Chancellor- (1) The Chancellor shall be appointed by the Sponsoring
body from a panel of three names selected by a Search Committee, by
following such procedure and on such terms and conditions as may be
prescribed.
Explanation:- For the purposes of this Chapter, “Search Committee” shall
mean a Search Committee consisting of three members; of which two
members nominated from the Board of Management and one member by the
Fisheries Department, Government of Andhra Pradesh.
(2) The Chancellor shall be the head of the University.
(3) The Chancellor shall preside at the meetings of the Governing Body
and at the convocation of the University for conferring degrees, diplomas or
other academic distinctions and in his absence by any other member of the
Governing Body nominated by it.
(4) The Chancellor shall have the following powers, namely,-
(a) to call for any information or record;
(b) to remove the Vice Chancellor in accordance with the
provisions of sub-section (6) of section 16;
(c) such other powers as may be prescribed by the Statutes.
(5) The term of the office of the Chancellor shall be as may be specified
in the Statute.
16. Vice Chancellor- (1) The Vice Chancellor shall be appointed by the
Chancellor from out of a panel of three persons recommended by the Search
Committee shall, and subject to the provisions of sub-section (6) hold office
for a term of three years or up to the age of 70 years whichever is earlier.
Provided that after expiry of the term of three years, a person shall be
eligible for re-appointment for another term of three years (only two terms)
subject to upper age limit of 70 years:
Provided further that there would be one nominee of Government in the
search committee. The members of search committee shall not be in any way
related to the university and shall not be below the rank of Vice Chancellor.
Provided also that a Vice Chancellor shall continue to hold office even
after expiry of his term till a new Vice Chancellor takes charge of the office,
but in any case this period shall not exceed six months:
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(2) The Vice Chancellor shall be the principal executive and academic
officer of the University and shall exercise general superintendence and
control over the affairs of the University and shall execute the decisions of
various authorities of the University.
(3) Where, in the opinion of the Vice Chancellor, it is necessary to take
immediate action on any matter for which powers are conferred on any other
officer or authority by or under this Act, he may take such action as he deems
necessary and shall at the earliest opportunity thereafter report his action to
such officer or authority as would have in the ordinary course dealt with the
matter:
Provided that if in the opinion of the concerned officer or authority such
action should not have been taken by the Vice Chancellor then such case
shall be referred to the Chancellor, whose decision thereon shall be final:
Provided further that where any such action taken by the Vice
Chancellor affects any person in the service of the University, such person
shall be entitled to prefer, within three months from the date on which such
action is communicated to him, an appeal to the Governing Body and it may
confirm or modify or reverse the action taken by the Vice Chancellor.
(4) Where, in the opinion of the Vice Chancellor, decision of any officer
or authority of the University is not within the powers conferred by this Act or
is likely to be prejudicial to the interest of the University, he shall request the
concerned authority to revise its decision within fifteen days from the date of
its decision and in case the authority refuses to revise such decision wholly or
partly or fails to take any decision within fifteen days, then such matter shall
be referred to the Chancellor and his decision thereon shall be final.
(5) The Vice Chancellor shall exercise such powers and perform such
functions as may be specified by the Statutes or the Ordinances.
(6) If, at any time upon representation made or otherwise and after
making such inquiry as may be deemed necessary, the situation so warrants
and if the continuance of the Vice-Chancellor is not in the interests of the
university, the Chancellor may, by an order in writing stating the reasons
therein, ask the Vice-Chancellor to relinquish his office from such date as
may be specified in the order:
Provided that before taking an action under this sub-section, the Vice-
Chancellor shall be given an opportunity of being heard, in person.
17. Registrar- (1) The appointment of the Registrar shall be made by the
Chancellor in such manner as may be specified by the Statutes.
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(2) All contracts shall be signed and all documents and records shall
be authenticated by the Registrar on behalf of the University.
(3) The Registrar shall be the Member-Secretary of the Governing Body,
the Board of Management and the Academic Council but he shall not have a
right to vote.
(4) The Registrar shall exercise such powers and perform such duties
as may be specified in the Statutes or the Ordinances.
18. Chief Finance and Accounts Officer- (1) The appointment of the Chief
Finance and Accounts Officer shall be made by the Chancellor in such
manner as may be specified by the Statutes.
(2) The Chief Finance and Accounts Officer shall exercise such powers
and perform such duties as may be specified in the Statutes or the
Ordinances.
19. Other Officers- (1) The University may appoint such other officers as
may be necessary for its functioning.
(2) The manner of appointment of other officers of the University and
their powers and functions shall be such as may be specified in the Statutes
or the Ordinances.
CHAPTER IV
AUTHORITIES OF UNIVERSITY
20. Authorities of the University- The following shall be the authorities of
the University, namely:-
(a) The Governing Body;
(b) The Board of Management;
(c) The Academic Council; and
(d) such other authorities as may be declared by the Statutes to
be the authorities of the University.
21. Constitution, Tenure, Powers, Quorum etc. of the Governing Body-
(1) The Governing Body of the University shall consist of at least 6
members, including the Chancellor, the Vice Chancellor, two nominees of the
government (one from Finance Department and one from Animal Husbandry,
Dairy Development and Fisheries Department) and the remaining members to
be nominated by the sponsoring body who shall be eminent people of
standing; in the fields of Fisheries:
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Provided that it shall be the duty of sponsoring body, to maintain the
gender parity, in nominating women members not less the one half of the
total members in the composition of the Governing body.
(2) (a) Save as otherwise provided in this section, the term of
nominated members shall be three years:
Provided that each nominated member is eligible to
hold the position for additional term not more than 6 years
(2 terms).
(b) An ex-officio member shall continue so long as he holds the
officer by virtue of which he is such a member;
(c) As nearly as one third of the nominated members, except the
ex-officio member shall retire by rotation each year. In the
first two instances, the Board may decide the procedure to
identify the members who will retire;
(d) A member may resign his office by informing in writing to the
Chairperson, but he shall continue in office until his
resignation has been accepted.
(3) The Governing Body shall be the overarching supervisory and
statutory authority of the University. All the movable and immovable
property of the University shall vest in the Governing Body.
(4) The Governing Body shall have the following powers, namely,-
(a) to provide general superintendence and directions and to
control functioning of the University by using all such
powers as are provided by this Act;
(b) to review the decisions of other authorities of the University
in case they are not in conformity with the provisions of this
Act;
(c) to approve the budget and annual report of the University;
(d) to lay down the extensive polices to be followed by the
University;
(e) to recommend to the Sponsoring body about the voluntary
liquidation of the University; and
(f) such other powers as may be prescribed by the Statutes.
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(g) to vest to the Board of Management or any other entity or
official of the University such of its powers as it deems
appropriate, along with the appropriate governance
mechanism;
(5) The Governing Body shall meet at least four times in a financial
year with one meeting in each quarter.
(6) A minimum of one-half of the members shall from a quorum for a
meeting of the Governing Body.
22. Board of Management-(1) The Board of Management shall consist of 12
members, including the following persons,-
(a) the Vice Chancellor;
(b) up to one-fourth members (Three) of the Board of Management
to be nominated by the Sponsoring body;
(c) Two eminent persons from the fields of fisheries or fishermen
community and Ocean sciences who are not the members of
the Governing Body, to be nominated by the Sponsoring body;
(d) Four persons from Academic Council of the University, to be
nominated by the Chancellor.
(e) Two nominees (one from Finance Department and one from
Animal Husbandry, Dairy Development and Fisheries
Department) of the government not below the rank of Joint
Secretary:
Provided that it shall be the duty of the sponsoring body, to
maintain the gender parity in nominating women members in any case
not less than one fourth and not more than one half of total members
in the composition of the Board.
(2) The Vice Chancellor shall be the Chairperson of the Board of
Management:
Provided that in the absence of the Vice Chancellor, the Chancellor
may, at his discretion, nominate any other member of the Governing Body to
be the Chairperson of the Board of Management.
(3) The Powers and functions of the Board of Management shall be
such as may be specified by the Statutes including fixation of fee,
scholarships & freeships for courses run by the University.
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(4) The Board of Management shall meet at least once in every two
months.
(5) A minimum of one-half of the members shall form a quorum for a
meeting of the Board of Management.
23. Academic Council- (1) The Academic Council shall consist of the Vice
Chancellor, the Registrar and such other members as may be specified by the
Statutes.
(2) The Vice Chancellor shall be the Chairperson of the Academic
Council.
(3) The Academic Council shall be the principal academic body of the
University and shall, subject to the provisions of this Act, the statutes, the
Ordinances and the rules made thereunder, co-ordinate and exercise general
supervision over the academic polices of the University.
(4) The quorum for meetings of the Academic Council shall be such as
may be specified by the Statutes.
24. Disqualifications- (1) A person shall be disqualified from being a
member of any of the authorities or bodies of the University, if,-
(a) he is of unsound mind and stands so declared by a competent
court;
(b) he is an undercharged insolvent;
(c) he has been convicted of any offence involving moral
turpitude;
(d) he is conducting or engaging himself in private coaching with
or without pecuniary gain; or
(e) he has been punished for indulging in or promoting unfair
practice in the conduct of any examination, in any form,
any where.
25. Vacancies not to invalidate the constitution of, or the proceedings
of any authority or body of University- No Act or proceedings of any
authority of the University shall be invalid merely by reason of any vacancy in
or defect in the constitution of any authority or body of the University.
26. Constitution of committees- The authorities of the University may
constitute such committees with such terms of reference as may be necessary
for specific tasks to be performed by such committees. The constitution of
such committees, powers to be exercised and duties to be performed shall be
such as may be specified by the Statutes.
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CHAPTER V
STATUTES, ORDINANCES AND REGULATIONS
27. First Statutes- (1) Subject to the provisions of this Act, and the rules
made thereunder, the First 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) the terms and conditions of appointment of the Vice
Chancellor, his powers and functions;
(c) the manner and terms and conditions of appointment of the
Registrar and Chief Finance and Accounts Officer, their
powers and functions;
(d) the manner and terms and conditions of appointment of other
officers and teachers and their powers and functions;
(e) the terms and conditions of service of employees of the
University;
(f) the procedure for arbitration in case of disputes between
employees or students and the University;
(g) the conferment of honorary degrees;
(h) framing of policy for admissions, including regulation of
reservation of seats;
(i) the rule of Reservation (ROR) shall be followed in the
recruitment wherever feasible;
(j) fees to be charged from students, and
(k) the provisions regarding exemption from payment of tuition
fee and awarding scholarships and fellowships to the
students.
(2) The First Statutes of the University shall be made by the Governing
Body shall be submitted to the Government for its approval.
(3) The Government shall consider the First Statutes, submitted by the
University and shall approve it as far as possible within two months from the
date of its receipt, with or without modifications, as it may deem necessary
provided that the Government shall mention reasons for such modifications,
if any.
(4) The University shall communicate its agreement to the First
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Statutes as approved by the Government, and if it desires not to give effect to
any or all the modifications made by the Government under sub-section (3), it
may give reasons therefore and after considering such reason, the
Government may or may not accept the suggestions made by the University.
(5) The Government shall publish the First Statutes, as finally
approved by it, in the Andhra Pradesh Gazette, and thereafter it shall come
into force from the date of such publication.
28. Subsequent Statutes- (1) Subject to the provisions of this Act and the
rules made there under, the subsequent Statutes of the University may
provide for all or any of the following matter, namely,-
(a) Creation of new authorities of the University;
(b) Accounting policy and financial procedure;
(c) Representation of teachers in the authorities of the
University;
(d) Creation of new departments and abolition or
restructuring of existing department;
(e) Institution of medals and prizes;
(f) Procedure for creation and abolition of posts;
(g) Revision of fees;
(h) Alteration of the number of seats in different disciplines;
and
(i) All other matters which by or under the provisions of this
Act require to be specified by the Statutes.
(2) The Statutes of the University other than the First Statutes shall be
made by the Board of Management with the approval of the Governing Body.
(3) The statutes made under sub-section (2) shall be submitted to the
Government and it may apExcerpt shown. Open the full act in Lexace.