LexThe Chhattisgarh Niji Kshetra Vishvidyalaya (Sthapna avam viniyaman) adhiniyam, 2001
Chhattisgarh · state statute
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u-Jtwr;; ~. ~ 4 ~ 2002
CHHATTJSGARH NIJI KSHETRA VISHVv'AVJDYALAYA (STHAPANA Al.JR VINIYAMAN)
. ADHINIYAM, 2001
TABLE OF CONTENTS
Ch1uscs :
Shon tick. extent mid commeucemem,
2. Defini1io11s.
J Objecls of the Universi1y.
4. Propos;il for cstablisluncnl of the University.
5. Eswb!ishmems or lhe Ui1iversity.
6, lncorporal io11 of the University.
7. Genera\ fund,
S Application of General Fund.
9_ University 10 be selffin;mced.
I (I_. Land to be mnde avilable by State Government
11. Universiry open ro all classes, castes and creeds.
12. Officers of the Universily.
13. Visitor.
14. Chancellor.
I 5. Vice-chaucel lor.
16. Registrar.
17 Chief Finance and Accoums Officer.
I S. Other officers.
19 Authori1ics of the University,
20. Governing Body.
21. Board of Manage1nent.
22. Academic Council.
23. Other ALl!horities.
60 (15) ,
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24_ Po\wrs of State Government to inspect University.
::!5 firs! stuutes.
~6. Subsequent Statutes.
27 _ Ordi nanccs
28. Subsequen1 Ordinances:
29. Annual Report.
30. Annual Accounts.
31 \-acancies nol to invalidat~ Uie proceedings of any a111horit)' of the University
32. Mede ofproofofU11ivcrsity record.
' 33. Manage111l'!nt of University on dissolution of sponsoring body.
J.:J. Spern::! )X)Wers ciflhe State Govt. in certain circumstances.
36. Po.......er ro lllake rules.
3 7 _ Regulations.
38. Laying of Ruic~. Statutes and Ordinances.
39. Power io romo 11e difficulties.
•~--:•-• •• ·• • •,:""'- • .·-. L-'!i"";""'_.~,-.'_,~~-
CHHATTISGARH ADHINIYAM
(No. 2 of 2001}
THE CHHATTISGARH NIJI KSHETRA VISHWAVIDYALAVA
(STHAPANA AlJR VINIYAJHAN) ADHINIYAJ\-1. 2001
60 ( l7)
A Vidheyak to provide for establishment of self financed Priv,.ite Universities for.
imparting Higher Ed ucatiou irnd to regu1nte their functions and· for m:1tters ~ounce tcd then.
with or incidental thereto.
An Act it enacted by the Chhattisgarh Legislature in the Fifty-second Year of the Republic of
India as follows :
1. ( I) This Adh iniy am may be called the Chha ttisgarh niji Ksltet ra . Short title, cit,mt ~nd
Vishmividyalaya (Stba1rnna Aur Vmiyaman) Ad_hiniyam, 2001 (No.2
of 2UOJ ).
(2) It e,,1ends to the whole of CWtattisgarh.
(3) Il slrnll come into force on such a date as the State Goveumcnt ruay, by
notification, appoint.
2. In rhis Adliiniyam, unless the context othen¥ise requires
(a) ·'Onfoiance" means an Ordiuauce of the University ;
(b} "Sponsoring Body" in relation to a University means-
(i) a society registered under the Madhya Pradesh Societies
Registrikarau Adhiniyam, l 973 (No. 44 of 1973);
(ii) any Public Tmst ; or
(ili) a Compauy registered under Section 25 of the .Companies Act,
. 1956 (No. 1 of 1956);
(c) "Statute" means a Statute of the University ;
( d) "University" means a University established under sub-section ( I ) of
Section 5.
3. 11,e objects of the University shall be-
(1) lo provide instrnctions, teaching and trainin_g in Higher Education
and make provisions for research, advancement and dissemination
ofknowledge ;
( 2} to create higher levels of intellectual abilities ;
{3) to establish state of the art facilities for education and training;
( 4) to ca ffY out teaching and research and offer continuing education
programmes ;
(5) to create centres of excellence for research and development and
for sha1ing knowledge and its application ;
(6) to provide consultancy to the industry and public organizations;
(7) to establish main campus in Chhattisgarh and to have study centres
at different places in India and other countiies;
(8) to establish examination centres;
(9) to ins1irute degrees, diplomas, certificates and other academic dis-
con1rn'-'"nc...iIni;:inL
Definitions.
Objcra oruie
Univ~nily
·- +&
60 (18)
Prapu•~I for .,..
1:iblhh1nentu[thc
Unlv~rsity.
tinctions on the basis. of examination. or any other method of evalu
ation ;
(10) to pursue auy other objective as may be approved by the State <iov
emment.
ll I) to ensure that the standard of the <legi~es, diplomas, cer1 ificarcs. :rnd
other academic distinctions arc not lower tban those laid dmv11 by
AICTE/NCTE/UGC/MCT and Phamiacy Council etc.
4. ( l) An application contr1ining the Project Rcµ01t to establish. A University
for canying out any or aJl of the objects enumerated in section 3 of this.
Adbiniyam shall be made to the State Government by the Spons01ing
Body along with such fee as may be prescribed.
_ (2) The Project Report sbaU coutain the following p.irticulars, namely..:
. (a) the objects of the University.along will.J the details of the Sponsoring
Body;
{IJ) the extent ,m<l the status of the University and the a·valiabi!ity of /mid ;
(c) the nature and the type ofprogrnmmcs of study and research to be
undertaken in the Uuiversity during a period not less than the next
five years.
(d) the nature of faculties, courses of study and research proposed to be
staited ;
(e) the campus development such as buildiug, equipment and stmctural_
amenities;
(f) the phased outlays of capital expenditure for a period not less than
the next five years ;
(g) the item-v/2se recuniug-expenditure, sources of finance aud estimated
exyeuditure for each student ;
Ch) the scheme for mobilizing resources and the cost of capital theret~
and the manne1· of repayment~ to the Sponsoring Body and other
sout;ccs;
(i) the schmc for the generation of funds internally through the recov
ery of fee from students, l'evcuues anticipated from consultaucy .ind
other activities relating to the objects of the University, and other
anticipated incomes ;
{J) the details or expenditure ou uuit cost and the extent of concessions
or rebates jn fee or freeship aud scholarship for students belonging
to the Scltelluletl'Tribes and Scheduled Castes, belonging to eco
nomicaUy weaker sections, i.n lieu of land grants if auy, from the
State Government, subject to 1he condition that the number of stu
dents getting concessions aud freesl.t.ips or scholarships shaU not be
less rhan tweuty two aud one halfperceut of the total uumber of
seats. The proposed fee structure shall also indicate the rationale
for the varying rates of fee that would be levied on non resident
Indians and students of other nationalities ;
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ffifle•1~ ~, ~ 4 q;rcrtf 2002
(k) the years of cxpc1 :;.;;uce and expertise in the concerned disciplines at
the COlillmmd of the Sponsoring Body as well as 1he fimmcial re
sources.
(1) ti.le system to select students for admission to the courses qf study at
the Urriversity :
(m) such other details as may be prescribed by rules framed under this
Adhiniyam.
(3) The State Government, on receipt of the Project Rcp011 shall make such
enquiry as il may deem necessa1y within forty five days from the date of
submission of the Project Report.
( 4) If the State Government is satisfied with the proposal to establish the
University, it may, subject to such conditious as may- be specified, ac
cord Lhe sanctio11 for the same.
5. (I). The State Go\:einment may by 1.1otification in the Gaiette establish a
University by such name and with such jurisdiction and location.of cam
pus as may be specified therein having regard to-
(a) the desirability to establish a University;
(b) recognition or autho1isation as may be required under any other law
for the time being in force to conduct the syllabus and to grant degrees
or diplomas or awards.
(2) Eve1y notification issued under sub-section (I) shall be laid on the table
oftbe Legislative Assembly.
6. ( l) Eve1y University established under rub-section (I) if Section 5 shall be
a body cOJporate by the name notified under the said _section having
peq,etual snccession and a common seal, and may sue or be sued by the
said name.
(2) The University established under sub-section (1) af Sectiou 5 may, with
the p1ior app"toval of the State Government, affiliate any college or other
institution or set up more than one campus.
7. Every University, shaU establish a fund which shall be called the General Fund
to which shall be credited the following namely :- ·
(a) fees and other charges received by the University ;
(b) auy cont1ibutions made by the Sponsoring Body ;
{c) any income received from consultancy and other work unde11aken
by the University iu pursuance of its objectives;
{d) trusts, bequests, donations, endowment and any other grants;
(e) aU other sums received by the University. ·
8. The General Fund shall be used for oue or more of the following objects, and
in the followrn.g order, namely :-
(a) the repayment of debts including interest charges there to incuned
by the University for the puiposes of this Adhiniyam and the Statu
tes, and the Ordinances and Regulations made thereundar;
,-
60 ( 19)
E.sbbUshmenl or the
Univ.,rsity.
Incorporation
or the Univer,;i.ly.
Cmer:i! Fund.
A ppll c~tlon or
General Fund.
,.,,L_. ,..-:_ __ i,
60 (20)
Ulliv..nity lo bir ~~If
fin:,n,;,i;d.
(b) the Uj)keep of the assets of the Unive1sity;
(c) the payrneut of the co~t of auriit of the funds created und';1 section 7.
(d) the meeting expeuses of any suit or proceedings to which University
is a party ;
'.1~) th:,; payment ,-:>f,;;;,farlee and nllnwm1ces of the officers ani;: e-rnµloy
ees of the University. members of the teacl1i11g and research staff.
and payment of any Provident Frnid contributions, gratuity nnd otl.er
benefits to any such officers and employees, members of the teach
ing and research staff;
(f) the payment of travelling and other aUowances of the members of
tJie Govem1ng Body, the Board ofManagement, Academic CounciJ,
and other authoiities so declared under the Statutes of the Univer~
sity and-of the members of any Committee or Board appoiuted by
any of the authorities of the lJulvcrsity in pmsuauce of any provision
of this Adhiniyam, or the Statutes, or the Ordinances: or the Regula
tions made thereunder;
(g) the payment of fellowsWps, fn.:e-ships. scholarships, nssist;:mtsh.ips
and other m.vards to students belonging to economically weaker sec
tious of the society or research associates or trainees as the c11se may
be; or to any student othen.\~Se eligible for such awards uuder the
Statutes, Ordinances or Regulations of the University ooder the pro
visions Of this Adhiniyarn ;
(h) the payment of any expenses ilicun-ed by the University in carrying
out the provisions of this Adhiniyarn, aud· the Statutes, the Or~i
nauccs or the Regulations made thereunder ;
(i) the payment of cost of capital, uot exceeding the prevailing bank
rate-of interest, incimed by the Spousoriug Body for setting up the
University ·and the investments made the1efor;
(i) the payment of charges.and expenditure relating to the consultar1cy
WOrk U1ide11aken by the University in pursuance of the proVisions of
tlu5 Adhiniya~ and the Statutes, Ordinances .and the Regulations
made there under;
(k) the payment of any other expenses including a management fee pay
able to any organization c4arged 'With tbe-respo11sibility of managing
the University on behalf of the sponsoring body, as approved by tlie
Board of Management to be an expense for the purposes of the Uui
versity,
Provided that no expenditure shall be incun'ed by the Unjversity in
excess of the limits for total recurring expenditure and total uonrecur•
ling expenditure for the year as may be fixed by the Board of Manage
ment without the previous approval of the Board of Management.
Provided further that the GeL1eral Fnud shall he applied for the ob
jects specified under c-lause (a} with tltc prior approval of the Governing
Body of the University.
9, Tlie University shall not be eillitled to receive any grant or otlrnr financial
1
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i
1 l
assistance from the Cemral Government, any State Government or
,my other authority, except for the purposes of;
(i) meeting' in full or in p.trt any amount towards the foe othenv:ise
payable by students belonging to the socially"disp..dvautaged
or economically weaker sections;
{ii) conducting any study for research purpos·es, including for the
pwvose of instituting any faculty for fi.111he1ing research.
I 0. The Stnte Government m,ay make available land for setting up the Uni
versity on such tenns and conditions as may be presctibed.
I I. ( i) The University shall be open to all persons of either sex and of eve1y
caste, creed, religion, race, or class or place of domicile and it shall not
be lawfol for the-University to adopt or impose on any person, any test
whatsoever of religi.lous belief or any profession in order to entitle him
to be appointed as a Te,icher of the Uuiversity or to l:iol d any other
office Lherein or to be admitted as a student 111 the University or to
graduate there at or to enjoy or exer~ise_any p1ivilege thereof
(ii) Not\\•ithstanding any thing cont,iined in clause {i) the University shall
make special provisions for the employment or profession of educa
tional interests of womeo, persons with disability or of persons beloging
to the weaker sections of the society and in particular of the scheduled
Castes and Schedulod Tribes and Other Backward Classes as may be
directed by the State Govei.nment from time to time.
12. The following shaU be offcers of University, namely:
( I) The Visitor;
(2) The Chancellor;
(3) Tbe Vice-chancellor ;
(4) The Registrar;
(5) The Chief Finance and Accounts Officer;
( 6) Such other officers as may be declared by the Statutes to be
the officers of the University;
60 (21)
1.~nd to tho>n1~dc~v~il
:,,l.il() Sl:ile Gu-.·ern•
1nenL
Uuh·erslty of>"n to ~u
cbss es, ~~stes ~n ,I
c.....,d.
Officc,·s nf du,
Ur,h•er,;ity ..
13. (I) The Governor of Chhattisgarh shall be the Visitor of the University. Vi•i1or.
(2) The Visitor shall, when present, preside at the convocation of the Uni-
versity for'confcrring degrees and diplomas.
(3) The Visitor shall have the following powers namely :-
(a) To call for any paper or information relating to the affairs of the
University.
(b) On the basis of the information received by the Visitor, if he is
sarisfied that any order, proceeding, or decision taken by any autho1ity
of the University is uot in conformity with the Adhiniyam, Regula
tions. Ordina11ces or Rules, he may issue such directions as he may
deem fit ut the interest of the University aud the directions so issued
60 (22)
Ch~ncellor.
\1.ce-ch~11ccl.lor.
shall be comp'Lied with by all the concerned.
14. (I) The ChanceHer shall be appoioted by the spons01ing body for a pe,iod
of three years, with prior approval of the Visitor by following such pro
cedure and on such tenns and conditions as may be prcsc1ihed lw the
Statutes.
(2) The ChanceUor shall be the bead of the University.
(3) l11e Chancellor shall preside at the meeting of the governing body and
shall, when the Visitor is not present, preside at the convocation of the
Uuiver1>ity for confening degrees or diplomas.
(4) The Chancellor shall have the following powers, namely :
(a) To call for any information or record ;
(b) To appoint the Vice-chancellor;
(c) To remove the Vice-chancellor ;
(d) Such' other powers as may be prescribed by the statutes.
15. ( 1) The Vice-chancellor shall be. appointed by the Chancellor from a pmiel
of three persons rccomii1endcd by the Governiug body and shall subject
to provision contained in Section 3/4 (7) hold office for a term of four
years. Provided that, after expiration of the tenn of 4 years the Vice
chancellor shall be eligible for re-appointment for another te1m not ex
ceeding four yea rs.
(2) The Vice-chancellor shall be the principal exemi.tive and academic of
ficer of the University and shall exercise general superinteudences and
control over the affairs of the University and shaU execute the decisions
of various authorities of the University.
(3) The Vice-chancellor shall preside at the convocation of the uuivcrsity in
the absence of both, the Visitor and the Chancellor;
( 4) If in the opinion of the Vice-clumcel\01· it is necessary to take immediate
action on any matter for which powers are coufell'ed on any other au
thority by or under this Adhiniyam, he may take such action as he deems
necessary and shall at the earliest opportunity thereafter rcpo11 his ac
tion to such officer or authoiity as would have in the ordinary course
dealt with the matter;
Provided that if in I.be opinion of the ~oncemed authmity such ac
tion should not have been taken by the Vice-chanc_ellor then such case
shall be referred to the Chancellor whose decision thereon shall be final.
'
Provided fiuther that where any such actiou taken by the Vice-chau-
cellor affects any person in the se1vice of the University such person
shalJ be entitled to prefer, within three months from the date on wltich
such action is communicated to him, an appeal to the Board of Manage
ment and the Board of Management may con.fi1m or modify or reverse
the ~ctioo taken by the Vice-ci.J.ancellor.
(5) lfin the opinion of the Vice-chancellor any decision of any autho1ity of
the:University is outside the powers coufe1Ted by this Adh..iniyam, Stat-
•
/:
20
ute<. or Ordinances orb likely to be prejl,dicial to the in1erest of tbe
Uu,vcrsity, he shall rt?quest the concerned authority rn revise its deci
sion withiu seve11 days from the date of his decision aud in case the
authority tefoses to revise such decision whoUy or partly or fails to
take atty decision \vithin seven days, then snc11 matter slrnU be referred
to tlie Chancellor and his decision thewon shall be final.
{ 6) ll1e Vice-Chancellor shall exercise sud1 powers and µcrfonn such duties
as may he presc1ibed by statute::; or the ordinances_
(7) lf any time upon representation made or othen.vi.se aud after making
such enquiiies as may be deemed necessa1y. The chaucello1-liy an or
der in w1iting stating tbe reasons therein. may ask the·vice-choccUor
to rdiuquish his office as from such date as may be specified iu the
ol'der.
16 ( I) Tbe r1ppoiutment of the Registrnr shall be made in such manner as may
be presciibed by the First Statute.
(Z} All contracts. shaU be signed find all documents ;i.nd reco1ds shnll bi;;
authenticated by the Registrar 011 belia1f of the University.
(3} The Registrar shaU exercise such powers and perform such duties as
m;iy be prnsc1ibcd by the Stacutes.
17. (I) The appointmellt of Chief Finance and Accouuts Officer slrnU be made
in such a manner as may be presc1ibed hy the Statutes.
(2) The Chief Finance aud Accounts Officer shall exercise such powers
and perfonn sach duties as may be prescribed by the Statutes.
-
18. The manner of appointmeut of other officers of the University shall be pre-
sciibed by the Statutes.
19. ( 1) The following shaU be the authmities of the Universily, uameJy :
( 1) The Goveming Hady,;
(2) The Boatd of Management;
{3} The Academic Council ; and
(3) such other autuo1ities as may be dociued by the Statutes to be the
authmities of the University.
20. (l) Tue Govem..ing Body ofthe Universjty sbatl consist ofthe following,
namely;-
(a) The ChatrcclJor
(b} Vice-cuancellor
(c) Three persons 11ominated by the ~ponso1ing Body;
(d} One representative of the State Goven1ment ;
(e} ai1 educationist ofl'epute to be nomitated by the state Government ;
(f) One academici:m to be nominated by tl1e Visitor.
(2) Tue Chancellor shall be rhe Cbainnau of the Governing Body.
(3) The Govemiug body sholl be the supreme authority of the Uuivcrsity
60 (2J)
Ch.iefFin:1n,c ""d
Acc-ounl.'. Officer.
Other Offic<>r....
A1dhoritics of
Unl\"cr:sl1.y.
Covcniin:: IJ.>1ly.
Go,•miug Bo~y.
..
60 (24) ci'if@li; ~, ~ 4 ~ 2002
Bo,rrl o(
llfana~cm~nl,
0111.,r AuthorHl.<'5.
Pow.,,·, ur s,,,,, r,.,,...
Hnmc·ut to insp<,C-l
llni ~·N·s,ty.
fin,\ Suti,1.::,s,
and shall have the following powers, namely:-
( a) to review the decisions of other autho1ities of the University in case.
they are not in conformity with this Adhirnyaru, Rules, Statutes
or Ordinances ~
(b) to approve tlie budget aiid aunuaJ repmt of the University,
( c) to lay down the extcusive policies to be fo!lowed by the University ;
( d) lo take decision about the vo]untary Jiquidation of the Uui,,crsity.
( 4) TI1e Governing Body shall meet_ at least l'-vice in a colcndar y~.i1.
21. { 1) The Board of Management shall consist of the: following members,
nemely :-
(a) Vice-chancellor;
(b) One representative to be nominated by the State Govemme!lt ;
{c) Two rcpres~ntatives co be 1i'ominnted by tLie Sponsoring body ;
(d) Senior rno~1 Professor of the University.
(2) I11e Vice-chaucdlor shaU be the Clwinnan of the Board ofMmage:menL
(3) The powers an,1 fo1nctions of the Board of Ma11ageme11t shall he !".uch as
may be presc,ibecl. by the Statutes.
22. ( I) Tl1e Academic. Council shall consist of the Vict:-Chanccllor ,:mi sud1
number of other members as n_rny b~ prescribed by t1.ic Sunutcs.
(2) The Vice-chaucellor shall be the C!rninnan of the Academic Council.
(3) l11e Academic Council shall be the P1incipal Academic Body of the
University and shall, subject to the provisions of this Adhiniyam, Rules
Statutes and Ordinances, Co-onHmte c1nd ex:e1:cise genernl supe1visio11
over the academic policies of the U11iversi1y.
23. { I) The constitution, powers and fonclio11s of other autho1ities of tl:ie uni
versity shaJJ be such as may be prescribed by the Srntutes.
24. (I) fm the purpose of r1scc1iai11ing th~ standards of teaching. cxi\mi;:ation
al]d research or any other matter relating the University St~tc Govem
meut may after cousultalinn with Vice-chancellor cause an assessment
to be made in such· a manner as: may be prescribed by such person ur
persons as it may deem fiL
{2) The State Goverumel\t shall commmucatc to the University its recom
mendations in regard to the result of such ass~_.?srnenl for corrective
ac1ion.
(3) lfin the opiuion oftlie State Govenuneut, the action taken or proposed
to be taken under sub-section {2} by the University is not to its sati;;fac
tion, the same may fiuther be co1mnunicated to the Viet-chancellor who
shall cany out the recommendation within a reasonable time falling which
the State Goverameut may take any action as it deems fir.
25. (I) Subject to tbe provisions oftb1s Adhiniyam and the rules, tue First Stat
utes of li1c University may provide for all or any of follm-ving matters,
r
I
1
60 (25)
========:::::-:===========::::=::=============-======================-==--=---------.
uamch ;-
(a} tile constitution, pc\·ers and functions of the authu1ities and
otlier bodies of the Ulliversity as may be constituted from
time to time ;
(b) 1he terms and condi1 ion,; of appoint mr:m of the Vice-c\1,int:cl
Ior and ltis powers and fuuclions ~
(c) ihe renns and conditions of appointment of the Registrar and
Chief Finance aud Accounts Officer aud their powers and func
ti_ons ~
(d) the tenns and conditions of appointment of other officers and
members ofthe Faculty and their powers and fimctions;
{e) the tenns aud conditions of service of employees of the Univer
sity;
{f) the procedure for arbitrn.tion in case of disputes between offic
ers, members of the Faculty, employees and students ;
(g) the coufennent of honora11· degrees ;
(h) provision regarding exemption from tuition fee nnd awardiug
schol arsbips:
(i) µrovisiou regarding the policy of admission including regula
tion of reservation of seats ;
UJ provision regarding fees to be charged from students :
(k} provisiou regarding number of seats in different syllahm;:
Provided that the Uruversity shall not make any statute relating to cliarg
ic.g of donntion or c.apitation fee from the students \vithout the piior ap-
prov,il of the State Govt. . . _
(2) The first Statutes of the University shall be-made by the Goveming Body
aud shall be submitted to the State Government for :ipproval.
(3) T~c State Governmeut s\ial\ consider the First Statutes submitted by the
University "'ithin two months from the date of its receipt and shall give its
approval ,vith such modifications as it may deem necessaiy.
(4) The University shall communicate its agreement to llic Fil'St Statutes as
approved by tlie State Goveromenl, and if il desires not to give effect to the
modifications made by the State Govemme1u under sub-section (3 }, it may
give the reasons therefore and the State Government may or may. not ac
cept the suggestions made by tl1e University.
(5) Tht: Slatt: Guvemmem sha1l publish lhe Fiist Stalutes as forn!lj· apprnvetl
by it in the official gazette aud lhcreafter such statutes s.l1a!I come into force.
16. (I) Subject lO the provisions of this Adhiniyarn and the mies. tin: Statutes of
the tJnh-crs11y may provide for all or ,my of the fo!lov-.'i.ng matters..
namely:-
(,1) crcalion ofuew :mthoiitics ofthe university:
(b) accou11ling policy and financial procedure:
(c) election of teachers for giving representation in the autho1ities:
(d) creation of11ew dep,utments a11d abolilioa or restructure of
St!hS<'qtl 1;111
Sl.atulos.
/iii·
60 t.26)
-- - --- --------------------:::::::::::::::::::==-- ---------------
0 rd in:i n ccs.
ex.isling deµa1 tnu:uts ;
( e) iu slitution of fel lowshiµ s. sch o I arsh ip, stipends, exemption of
fees, medals and prizes;
(f) creation of posts and procedure for abolition:
(g) revision of fees;
(h) alteration of the number ofscats in different syllabus ;
(i) all other matters not prescribed by 11.1les wJ1ich are to be pre
sciibed by the statutes.
(2) The Statutes of the University other than the first Statutes shall bt: made by
the Board of Management with the approval of the governing body.
{3) The Statutes made under sub-section (2) shall be sent to the State Govern
ment and die State Govemment may, ifit corisiders necessa1y, give :.11gges
tio11s for modifications in it. within two months from the dare of receipt of
the Statutes ;
(4) The Govemment Body shall consider the modific,1tions suggested hy the
Slate Government and return the St.itutes to the State Government ,vith its
comments on the .suggcstirnis. ·
( 5) The State Govemmeut shall consider the suggestions made by thl! Govcm
ing body amJ lhc Statutes as finally approved by the State Gllvcm111e11t shall
be published in the gazette and on such publication the Statmes slrnU come
into force.
27. (I) Subject to the provisions ofthis Adhiniyam, Rules and Statutes_ 1he Ordi
nances may provide for ail or any of!he following maoers, namely :-
(a) the admission of students to the University and their enrolment as
such;
(b) the courses of study to be laid do"vn for aU degrees, dipJom.is nud
certificates of the Uu.iversity.
(c) the a,vard of degrees, diplomas, ccnificates and other academic
distinctions, the qualifications for the same aud the meaus lO be
taken relating to tlle granting and obtaining of the same;
(d) the couditions for award of fellowships, scholarships, stipends,
medals and p1izes ;
(e) the conduct of examinations, including the temu of office wd
manner of appoiutmeut and the duties of examining bodies, exami
ers and moderators;
(f) foes to be charged for the various cou!'ses examinations, degrees
and diploma oftbe University ;
(g) the condition of residence of the st11dents of the University ;
(b) provision regarding disciplinai,1 action against the students ;
(i) the creation, composition a11d functions of any other body which is
considered necessary for improving the academic life of the Uni
versity ;
G) the manner of co-operation and collaboration whh other um·ersities
and institutions of higher education ;
•-:. {k) all olher maners which by this Adliiniyam, Rules or Statutes arc
- ,_. ""-;-"J - ----:~r-
@~fh-Jlr~ ~, re::rr<f. 4 ~ 2002 60 (27)
========----=======::-:..::====-=-=--=--=-==============----- --- -----
req'uired to be µrovided by the Orcliuances.
(2) The First Ordinances of the University shall be made by tile Vice-cb,m
cellor which shall be submitted to the State Govemment for approval.
(:, _) The State Government sliall consider the First Ordinances submit red by
the Vice-chancellor under sub-section (2) within two months from the
date of its receipt and shall either approve it or give sugges
tious for modifications.
( 4) The Vice-chancellor shall give Iris comments on the suggestions made
by the State Government and shall return the First Ordinances to the
State Govenunent and on receipt of the same the State Government
shall either approve the comments of tlie Vice-chanceJ!or or disapprove
1hc same and on the basis of its final decision the Ordinances as ap
proved shall be notified in the Gazette aud on such publication the ordi
u:mces shall come into force.
28. ( 1) All ordinances other tu.an the Firs( Ordinances sha11 be mede by the Aca
demic Council with the approval of the Board of Management.
(2) The State Govenuncnt shall publish all Ordinances made uuder sub
section (l) in the Gazette and 011 such publication the Ordinances shall
come inlo force.
29. ( l) The Annual report of the University shall be prepared by the Board of
Management which shall include among other matters, the steps taken
by the University towards the fulfilment of its objects and shall be ap
proved by the Governing Body and a copy of the same shaU be seut to
the visilor.
(2) A copy of the annual report prepared under sub-section (I) shall be .
presented to the State Govenunent.
30. ( I) The annual accounts and balance sheet of the University shall be pre
pared under .the directions ofthe Board of Management and the :muual
uccounts shall be audited at least once eve1y year by the Auditors ap-
3 I.
pointed by the University for this pmvose. ·
(2) A copy of the annual accounts togetlier with the audit repmt shall be
submitted to the Governing Body.
(3) A copy of the annual accounts, audit repo11 along with the obse1vations
of the Goveming Body shall be submined to the Visitor and the State
Govcmruent.
(4) The direction of the State Government on t/1e subject aiising out of the
accounts and ,mdit repon of the University shall be binding on the Uni
versity.
No act or proceedings of any authmity of the University shall be invalid
merely by reason of any vacancy in or defect in the constitution thereof
A copy of any receipt, application, notice, ordel', proceed_ipg, resolu-
Suh~cqu1an1
Orrlin:>nces.
Annu~l ReporL
An.nu:>! Accounl.5.
\ ":, c ndei no, i o in,.,I i
d.,1 • f r<(>.d int• or ,n.1
,u!lilgiry of Uninnil).
Morie or l'roor of Uni.
ver..iLy r«ord.
60 (2&)
M~n~eement ot
Univec-sl ly on dls
$DI u l..i on or • pon
sorini= body.
Specbl Powers of
lhe St:itc Go~,:. In
ccrl~in clrcum,
t.,.,nc,..;.
uilh-ll1ey ~. ~ 4 ~ 2002
tion. of ally amhmity or Committee of tlic University or othc1 tlorn
ments in possession of the University or any entry in any register duly
maiutaiued by the University, if ce1tified by the Registrar, shall be re
ceived as prirna facie evidence of such receipt; a11plication, notice. or
der proceeding, resohnion or documems 01 the existence of emr:, iii ihc
register and shaU be admitted as evidence of the matters and 1rans.ic
tions therein where the original thereof would, if produced, have been
admissible ill evidence, notwithstandi1tg anything contained in the ln
dian Evidence Act, 1872 or in nny ot11er law for the time being in force.
33. ( I) lfthe sponsoiing body proposes to dissolve itself according to the pro
visions oflaw governing its constitution or incorporation it shall give at
least SLX months priar notice_to the State Government.
(2) The State Government shall, on receipt of such notice make such ar
rangements as may be prescribed, for the administration of the Univer
sity from the date of dissolution of the sponso1ing body till the co mµlc
tion of syllabus by the la-st batcb of students admitted to the Uuiversity
or may also cause the functioning of the Uuiversity to continue by ap
pointing an administrator in place of the sponsming body, who shall be
entrnsted \-vith the JW\',/ers, duties and functions of the Sponsming Body
:i.s µresc1ibed under this Adrnniy.im.
(3) On appointment of an Administrator under sub-section (2) the Chancel
lor may after affording the opp01tm.t.ity of being heard remove the Vice
chancellor and may appoiut such person as Vice-chaucellor as he deems
fit.
34. {l)
(2)
(.., \
..} '
( 4)
Ifit appears to the State Government that any of the dil'ections issued by
it to the University wider this Adh..iniyam has been violated or a siLUari<;m
of financial mismanagement aud maladmi11istra1ion has ,Hisen in the uni
versity, it sba II issue notice requiring tl1e University to show cause within
fo11y five days as to;
(a) Why au order of its liquidation should not be made ;
(b) Why the board ofrnan~gement should not be suspended and an
adminis1rator be appointed under sub-section {7).
If the State Government considers it necessary to suspend the 80,1rd of
Managemem for the proper investigation, it shall. by notification pt.!1-
lished in the Gazatte, order suspeusion of the Board of Managcn1,!11,
and shall make Stich arraugments in consultation with the '-JJOll c;o.·;n :,!
body for the administrntion of the business of the Uni,·ersiry ti!! ,ii.~
compl~ction of investigation as it may consider necessary.
If the State Government, O!I receipt of reply of University in re:.p<-'-:! or
notice issued ulldcr sub-sec1io11 (I), is s,nisficd tirnt ther~ is a prirn,i
facie case of fin-ancial misma11agemcnl. maladminist rntiou or "io h1 Lit; •1
of any of the provisions ofthis-Adhiniyam or direction:; issued tht'"n.:ui:
der it shall make nll order of such enquiry as it may consider 11~c6sa r:,
The State Govenuncnt sha II, for the puq,_oses of any enquiry 1111 der su h-
-·.-,.~7&¥ ,9,,1-,_.., .....
O'tfll:l'li"§ ~. ~ 4 ~ 2002 60 (29)
.~====::::::::============
section (3 ) . .ippoiut an officer or authority to euquire into any of the
allegations aud to make repmt thereon.
( 5) l11e enquiring authority appointed under sub-section ( 4) shall have the
same powers as are vested in a civil comt under the Code of Civil
Procedure, 1908 (No. 40 of 1908) while tryiug a suit in rcsµcct of the
following matters 1rnmely :-
(a) Summoning and enforcing the attenctanc~ of any person and
examining him on oath;
(b) requiring the discovery aud production of any such document
or any other material as may be predicable in evidence;
( c) requisitioning any public record from any corn1 or office ;
(d) any other maner which may be prescribed;
(6) Eve1y euquiiillg authority enquiring under this Adhiniyam shall be
deemed to be a civil court for the purposes of Section l 95and Chapter
26 ofthe Cod,e of Criminal Procedure, 1973 (No. 2 of 1974);
(7) If the State Government OJI receipt of the enquiry repmi is satisfied
tliat owing to financial mismarn1gement and nrnladministration :a situa
tion has a ii sen where by the financial stability or administration of the
University lrns become insecure, it shnll, by notification ill the offi.dal
Gazatte, order ]jquidation of the University or may cause the function
iug··of the Ul!iversity to continue by appointing au Administrator who
shall have the powers vested in the Goveming Body ;
(8) While issuing _notific11tion iu respect of liquidation under sub-section
(7), the State Government, shall, till the end of its current course, make
arrangement for the ndministraliou of business of tbe University.
(9) l11e· State Govemrneut dming the period of management of Uuiversity
under sub-section (8) shall use the funds available with the University
and the snq1ius, if any, shall be forfeited for itself
( I O) Every notification issued under sub-section ( 7) sha 11 be laid on the table
of the Legislative Assembly.
35. The Srnte-Govcmmenl shall have the following powers, namely:-
(a) to issue directions to do anything as is required to be done or rec
tify any violation by the University under this Adhiuiyam, Rules,
Statutes or any· other provisions of Ordjnauces made thereunder ;
(b) to adjudicate disputes between the University or any other special
isl body uuder this Adhiniyam and issue directions to comply v.rith
the decisions in respect of such disputes ;
(c) to pass order of dissolution of board ofmauagement or appoint
administrator under section 34 ;
(d) to pass order under section 35 ;
( e) to make ord_er to frame Statutes in respect of specific matters under
th.is Adhiniyam.
36. (I) The State Government may, by notification in the Gazette, make mies
for carrying out the puqrnses of this Adh.irnyam.
Power of s~~IC
G'OV~l"JLhl('R[,
Power to m:ikc
ruJH.
I.
60 ()0)
-·-------:::.=========--============'==============
Rc~ul:>tions.
byin ~ of Jl ulc•, Sl:it
.,1~, :in,! orilin~ncc~.
Power lo r,-1,,on• rlil
ficul ties.
(2) Without prejudice to the generality of the foregoing power. sucl1 rnlcs
may provide for all or any of the followiug m;-ilters; nnmdy :-
(a) the manner of making proposal to establish University and the
fees payable under sub-sect ion { 1 ) of sect ion 4:
(h) olh er pa 1ticu fars to be concained in the Project Repo 11 ,mdc:r
sub-sectiou (2) of section 4;
(c) other mallers to be provided for in the Statutes under sub-sec
tion (I} of section 2 5 ;
(d) ammgements to be made for the administnitiou of the Univer
sity on the dissolution of the Sponsming Body under sub-sec
tion (2) of section 33;
(e) matters to be presc1ibed under clause (d) of sub-section (5) of
section 34.
3 7. ( l ) l11e Authorities of the Un.ive1'sity constituted by or u n d Cl th is Adh iniyam
may make regulations subject to the provisions of this Adhiniyam, the
stat\Ilcs and the ordinances of the University.
(2) The Board ofrn,magement may modi[)• or annual any regi.dacions made
under this section lly any authmity :
_ Provided that any authority which is not satisfied \\rith any modifi
cation or a1mulment may appeal to the Governing Body whose deci
sion in this matters shall be final.
38. Every Rule, Statute, or Ordimmces made under this Adhiuiynm shall be
laid, as soon as may he afier it is made, on the table of the Lcgisllllive
Assembly.
39. (I) lf auy diITcully adses in gh~ng effect to the provisions of this Adhiniyam,
the State Government may, by order published in the Gazelle, make
provision, not inconsistent \vith the provisions of this Adhiniyam as
appear to it to be uecessmy or expedient for removing the difficulty :
(2) Every orde1; n·1ade under this section shall as soon as may be· after it is
made be laid on tile table of the Legislative Assembly.
" .-
STATEMENT OF OBJECTS AND REASONS
The avenues of higher education & advanced knowledge are limited in the
State. Public fiuancial constraiHts come in the way of investments by the State iu cre
ating adequate higher educational infrastrncture. The State Policy provides for at
tracting•ptivate investments in setting up institutions ofltigher education and research.
By providing adequate incentives to such p1ivate investors, the organizations of na
tional and international repute can be attracted to invest in setting up Unversities for
which.no financial supp mt is required from the State Government.
2. Specific or enabling legislation is required for establishment of such Universi
ties. A common set of guidelines will be require in the establishment of such _Universi
ties by ensming educational standard and by preventing commercialization. It is felt
expedient to have au enabling legislation to provide for establishment and functioning
of ~_elf financed piivate Universities and for matters regulating th em.
3. Hence this Vidheyak.
Member -in~charge.·
RAIPUR, Dated the 2001.
·-• ·:;
.,
60 (31)
----==---=------__ .:-=-----"---·----- - ---~ --
CHlJATTISOARH ACT
{No .. 1 c.f 2f_l{J4)
--~--~-. ---~-~-------- -----~-~---
r,~i-;r: ,_·[-H·,.-\TTlSG-A.RH. i':/i..J1 K.SHETRA VJSHWAVIDYALA \'A (STHAPANA AUR. VINIYAMAN)
S~NSODHAN ADHINlYAM, 2004
'. t -: ... '.
A11 Act to amend Chhattisgarh Niji Kshetra Vi_shwavidyalaya (Sthapana Aur
Viniyaman) Adhiniyam 2002 ( No. 2 of 2002°) ·
Be it enacted by the Chhattisgarh Legislature in the Fifty-Ffth year of the
Republic of lndia 1 as -follows:-
Shor'c title 1 (1) This Act may be called the Chhattisgarh Niji Kshetra
extent and Vishwavidyalaya .,. ($thapana Aur Viniyaman)
commencement ' Sansodhan Act, 2004.
Definitron
Amendment
of Section 2
2
(2) It extends to the i;ivhole State of Chhattisgarh
(3) It shall come into force from th:= date of its
publication in the Gazette.
In this Act, unless the context otherw.se requires:-
'' Principal Adhiniyam " , means the Chhattisgarh
f\Uji Kshetra Vishwavidyalaya (!,thapana Aur
Viniyaman) Adhiniyam, 2002.) ( No.:!. of 2002)
I
3. In Section 2 of the Principal Adhiniyam ; after clause (d),
the following clause shall be inserted ;namely:-
',;.r/
,•
.Z .. -..-=---,--..-=------~--·---- -· ··-- - -- . -- -
r /
!06 (l<J)
~----~ ·~-------~---=--=--=---=---=--~~---===---------- --~:~--------~~----~---_-_----:..-. -----
' (e) '' main campus " rnBans. the ccrr,1:.us uf the
university where main ofticc of the
university is situated and where the Vice
chancellor and· Registrar reside and where
not less than three University Teachin_g
Departments / Schools of studies are
located.
(f)
11
off-campus centre
11
means a· centre of the
university established by it outside the main
campus (within or outside the State)
operated· and maintained ·as its constituent
' '
(g)
(h)
(i)
unit; having the universitis complement of
facilities, faculty and staff.
"off-shore campus
1
' means a campus of the
university e?tablished by if outside the
country,. operated . and maintained as its
constituent unit, having the university's
complement of facilities, faculty and staff.
11
stuqy· centre
II
means a ce'ntre establisl:led
and maintained or r~cognlzed by· the
university for the purpose of advising,
counsel.ling or for . rendering any other
assj-stance iequi_red by the students in _the
context _of distancf education __
·~fee
1
' -.• , · means -collection made by the
unive,rsity, from the students by wh~tever
nan,~ ,.it _..may be called, which is not
refundable.
.. r
_,,o (_";()_1
~--- --::::: --~~-~---- --_-_-_-_- -~--
Amendment of
Section 3.
Amendment
of Section- 4;
(j)
11
Regulatory Commisslon " n. _:ans the
Regulatory Commission establisl ~d under
the Adhiniyam.
11
4. For Sub-sections (10):°arid (11) of Section 3 of the
Prindpal Adhitiiyam, the following Sub-sections shall
be ~r 1bstituted; namely :-
11
( 1 O) To ensure that the. standard of degrees,
diplomas, certificates and other acadamic distinctions
are not lower than those laid down by AICTE, NCTE,
UGC, MCl1 _ Pparmacy Council, ·and such
agency/agene1es ' established by tMe Central
Government for regulation of educat:on and the
Regulatory Commission ;and
(11) To pur:sue any other objective as may be
approved _ by the Regulatory Com~isslo~ "
- '• -- . , .
5. For $ub-:-se_oti011 0} .. :~(Section 4 of the Principal
Adhiniyam, t_ry~,-:_.:foJlowing Sub-sections shall be
substituted·;_ nam~tY :-.,_ .-__
fl (1) (a) An application containing the Project
-Report-to establish a university for carrying
out any oc:all -the. objectives enumerated in
Section 3 of the.Adhiniyam shall be made
to . ·-·the• . Regulatory Commission by
Sponsoring Hedy alongwith fee and such_
form ·as may be prescribed, at least one
ye_ar _beto·re ·the date from which it intends
to st~_rt the_ un_iversity.
t .
I
t
.f
I i
i ;t
..,
:- ·., .... ·.,. -
~ ., - --- -~----------
!06 _(2 r)
(b) i Ile Sponsoring Body shall submit
alongwith its application 0s per (a) above,
,
(i) Proof of _having established an
Endowment Fund of Rs.2 crore;
(ii) Proof. of being in possession of 15
acres of land, in case the main
campus is 'proposed to be established
within the Municipal Corporation Limits
of Raipur; or 25 acres of land in case
ttie· mairf campu~ is :proposed to be ,
established elsev.ihere in the State and ·
in addrt1bh, if the. land has been
obtain"ed on lease, the period of lease
should- ~e:·_·at least 30. years. In case,
th~ S.pqnsoring Body d_o.es not posses
the requk~.d land, it shall furryish proof
of haviflg/ieposited an additional sum
of Rs. · . 2 · crore in the manner
_prescrlqecf. Withdrawls out of this
additi"ori~l-:-tund-shall b~ permitted by
fhe -.--,~¢gu!alory Commission for the ;.::i_
purcha$~,_-6f ··1an.d for the use of the
llri_jv~r~®-, _
Provi~~d>~tj~t :: where the main campus of
th~-:-. l)_niv~f~ity is . prop_osed· to be
establlshed -,iii". a Scheduled Area of the
r:' ~Sta~e-:!onlf f~y percent of the amounts in
(i) Excerpt shown. Open the full act in Lexace.