LexThe Pandit Sundar Lal Shamra (Open) University C.G. Act
Chhattisgarh · state statute
Open in Lexace · Ask the AI about this act~ ~, ~ 24 ~ 2005
CJiHATTISGARH ACT
(No. 26 of 2004)
40 (21)
PANDIT SUNDARLAL SHARMA (OPEN) UNIVERSITY CHHATTISGARH
. . ACT, 2004 . . .
1. Short title, extent and
commen~n:ient
'2. Definitions
An Acf to establish and incorporate an ope~ University, at State level for
introduction and promotion of open university and distance education system,
in the field c:,f higher education and to provide for mattfrs connected there with
or incidental there to.
· Be it enacted by the Chhattisgarh Legislature in the 55th year of the R~pbulic
of India, as follows:-
(}) ,This Act may ~e ca.Eed·t .. 11.e Pandit Sundar-Lal Sharma (Op~n) University
~Chhattisgarh A<lhiniyam, 2004;
(2) It extends to the whole of Chhattisgarh, ·
(3) :t shall come into force on·the date of its publication in official gazette.
In this Act and the Stattne, unkss the context otherwise requires:-
0) "Ac-.idtrn.ic Council" means the Academic Council of the University;
v{G) "Co-?rdin;~tion Committee'· means the committee cstablishcdur;
der secti~n 3!'.!. of the Chhattisgarh '-'.'ishwavidyalaya Adhiniyam, 1973 tNo.22
qf 1973); . · . .
. · .. --/(c) ''Departmenf' means a d~partment of the University of the.sub
ject concerned;
........-(d) "Distance educ~t.ion system'; means the system of imparti., _ ··lu-. . ...
cation through any means of communication, such as broadcasting, tel~ring,
audio visual means, audio methods, correspondence course, seminar, contact
progi <.1mme or the combination of any two or more of such means;
'\/ (e) "Employee" means any person appointed by the University, in
chvk ~ ·.c,,ch~rs :'Ind other academic staff of the University;
(J) ''finance Comniittcc" nK"<lJlS the Finance Committee of the University;
~'Indira Gandhi National Open University" means the University
established under Section 3 of the Indira Gandhi National Open University Act,
. 1985 (No. ~O of 1985); .
Jh1''Kulpati" means the ·Kulpati of the University; ..:.
-..t(i) "Ordinanc e" means ordinance made tinder this act;
(j) "Planning Boa rd" means the Planning Board of the
Uni,1ersity;
v--fk) "R~gion:i! Centre'' means a centre established or maintained by
1:r:-: ;· J; ;verstt:' fr,r rl:e ru, ,,0se 0f cocrdir,~•.;;:1g ar.j supervi'.-1ng the ~ofr of ~1udy
.:e:'i~e1~ in ,,riv n:s;ioa ::ind for pt.;"'foi;ning 91cJ: other functi0!1s as may oc conferrea
40 (22)
~'. ~~b-lishment and
,T-- .
incorporation of the
University
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on such centre by the Executive Council;
·-'{l) "Regulation" means the Regulation made ·under this Act;
\.kf115 "Statute" means S~tute made u~der this act;
(n) "Student" means a_ student of the· Univ~ity, and includes any person
who_ has emolled himself for pursuing any course of study-of the University;
,JeJ'-;,Study Centre" means a centre established, maint~ined or
recognised by the University for the purpose of advising, counselling or.for
rendering any other assistance required by the students;.
· ~ ."Teacher" meru1s Professor, Reader, Assistant,Professor and such
other persons as may be designated as such by the Ordinance for imparting
i~st;ruction in the University or for giving guidance or rendering ~sistanc~ to
student for pursuing any course· of stuqy of the University and shall "include p!ll't
time and who"le time teachers in Regional Centre, or Study Centre; . .
'
. ( q) Terms not defined in this _Act, will have the ·same meaning as defined
in Section 4 of the Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 (No. 22 of
1973);
(r) "University" means the Pandit Sundar Lal Sharma (Open) Uni
versity Chhattisgarh established under this Act;
✓ . • •
v(s) .'"'University Grants Comm_ission" means the Co~ssion e~b- - _ ·
lished under the University Grants Commission Act, 1956 (No.3 of 195'6):
(1) There shall be established a· University by the ·name."PANDIT SUND AR·
LAL SI-iARMA (OPEN) UNIVERSITY CHHATIISGARH "
· (2) The headquarters of the University shall be at Bilaspur and.it may establish
· or maintain Regional Centres2 anq Study Centres at such places as it may
deem fit.
(3) Fj.rst Kulpati & members of, first Executive Council, the Academic Coun
cil and the Planning Board and all persons. who n:iay he~eafter become such .
officers or members, so long as they continue to hold such office ·or
me~bership, shall hereby co~stitute ~ body corporate by the name.of .
IPandit SundarLal Sharma (Open) University Chhattishgarhl.
(4) The University shall have perpetual succession and a common seal and
shall sue and be sued by the said name.
4. The· objects of the _,.r
University
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5. Powers of the
University
-40 (23 )
The objects of the University shall be-
( one) to advance and disseminate learning and knowledge by different
means, including the use of any communication technology;
(two) to provide opportunities for higher education to a larger segment ..
. of the population and to promote the educational well being of th.-: community
• ·: ,r
in general;
(three) to encourage.the ope.n University and distance educaLi:m sys-, .
terns in the educationai pattern of the State.
(1) The :University sh.all have the following powers, namely:
~pc) provide for instruction in such branches of kn~wledge, technol
ogy, vocations and professions as the University, ma):' determine from time to
time and to3t_,,ake provision for spon.~ored resear?h; _
.. ✓ . . •
,-.._,.,(two). plan and prescribe courses of study for degree,.diploma, cer-
tificate or for any other purpose; 1...
~ p •
. '-..~-· (three) hold examinations and confer degree, diploma, certificate or-other
academic distinctions or ~erognitions un persons who hav'e successfully com
pleted a course of study in the manner laid down by·the Statute and Ordinance; ·
(four) detemi.ine•the manner in which distance·education in ~elation to
the acade~ ~~.9rogrammes of the Univer~ity may be organised;
, .-·"· (five) create posts of Professor, Reader, Assistant Professor and other
academic: positions necessary to impart instruction or for preparing educational
material or for conducting other academic activities, including guidance, design
ing and (lelivery,of courses and evaluation ofthework done by the student and
· to appoint ori those posts; . .. . .
' , ..,., ·' ,. (six) Go-operate with; and seek the co-operat~~n of,_ other Universi.: ·
ties and institutions of higher learning, professional bodies and organisations for
such purposes as the University.considers necessary;
· -"·'·/·(seven) institute and award fellowships, scholarships, prizes and such
other awards for recognition of merit as the University may deem fit~
_.(eight) establish and maintain such Regional Centres, as may be de
te1mi."ned by th~·University from time to time; -
, ~establish; maintain or r~ognise · Stud; Centres in the n:ianner laid
down by the Statute;
40 (24)
.,~_.,/ (ten) provide for the preparation of ~0nal material, including films,
cassettes; tapes video cassettes and other software;
\,~ e1e; en) organise and conduct_refresher courses, \.\'.Orkshops, se~
and other programmes for teachers, lesson w6ters, evaluators and other aca
. dernic staff; • ·
(twelve)_ recognise examinations of, or periods of study, (whether in full
or part) at, other universities, institutions or other place of higher learning as
equivalent to examination or periods of study in the University, and to withdraw
such recognition at any time;
'(thirteen) make_provision for sponsored research and development in edu
cation technology and relateo matters;
......
\...,./ ,.,, (fourteen) create administrative, ministerial and other necessfil) posts
and to make appointments thereto;
_ / (fifteen) receive benefactions, donations and gifts and to acquire, hold, main:
. tain and · dispose off any property .movable or immovable,. including trust property
to the benefit of the University;
0ixteen) borrow, with the prior approval of the State Government
whether on the security of the property of the 'University or otherwise, money
for the purposes of the University;
(seventeen) enter into, carry out, vary or cancel contracts; ·. ·
t/ {cighteen) to demandand receive such fees and other charges as may ·.
be prescribed· by the Ordinance;
,,,,(nineteen} provide, contro I and maintain discipline amongst the students·
and all.categories of employees and to lay down the conditions of service of
such employees, including their code of conduct;
...,..,,-(twenty) appoint, either on contract or otherwise, Visiting Professors,.
Emritus Professors, Consultants, fellows, scholars, artists, course writers and
such other persons who may contribute to the advancement of the subjects of
the University;
(twenty one) recognise persons working in-otherun.iversities, institutions
or organisations as teachers of the University.on such terms and conditions as
may be prescribed by the Ordinance;
v1twenty two) detennine standard and to ·specify condition for .the ad
mission of students to courses of study of the University which may include ex
amination, evalu:;ition and any other method of testing;
(twen·ty three) make arrangements for the_promo!ion of the general .
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health and welfare of the employees; /
40 (2Sf
0twenty four) do all such-acts as may be necessary or inc'idental to the
exercise of all or any of the powers of the University as are necessary and e.on-
' . ducive to the proi;notion of all or any of the objects of the Universm,.
\ / l .,.(2)Notwithstancling anything ·con~ed in any other l~w for the-time being _in
force, but without prejudice to the_ provisions of sub-section (1), it shall be ~e
duty of the University to take all such steps as it may deem fit for ·the promo
tion of the University and the•distance education systems and for the detennina
tion of standards of teaching, evaluation and research in such systems. In carrying
out its objects the University shall strive for cooperation with the Indira Gandhi
National Open University and shall observe, to the extent feasibie, the edu-
.,
cati~nal norms and standards prescribed by it for open learning syste~s,
\ .Ji.
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University open to all
-classes, castes and.
creeds ·
The University shall not discrimiha~-against any tjtizen of India on grounds
of religion, race, caste, sex, place of birth or language.
/
7. Officers of the
' 'University
8. The Kuladhipati
The following shall be the officers of the University:-,,
(6ne) The Kuladhipati
(~o) . Kulpati
\ . ,,.---.: .
~ee) Registrar
(four) Regional Director
~v:). Finance-Officer and
~) such other Officers as may be declared by the Statute to be the officers
' of the Universjty, .
I
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(1) The Governor of Chhattisgarh shall be the the Kuladhipati·of the Univer
sity.
(2) Subject to the provisions of suq-sections (3) and ( 4), the Kuladhipati shall
have the right to cause an inspection to ·be made, by such ·person or persons .
as he may direct, to the University, its. buildings, taboratories and equip-
ment, and of any Regiopal Centre, a Study Centre and also· of the exa.r?ina-· ·
tion, instruction ~d-other work conducted or don~ by thy University, and
\ l to. ca\lse an._ inquiry to be made in. like manner in respect of any matter
\ connected with the administration and finances of the lJniversity.
\ (3) Where an inspection or inquiry has b~en ordered by the Kuladhipati, the
LV University may depute representative to represent th~ University in such in-
40 ( 26)
9. Kulpati
~ ~, ~ 24 ~ 2005 ·
spection or-inquiry.
/ (4) TheKuladhlpati may address the Kulpati with reference to the results of such
1 inspection or inquiry together with views and advi~e with regard to the action
f to be taken thereon ~s the Kuladhipati may be pleased to offer and on
i
I receipt of the address made by the Kuladhipati, the Kulpati shall com-
. ) municate forthwith to the Executive Council the results of the inspection
l or inquiry and the views of the Kuladhipati and the advice t~ndered by him
upon the action to be taken thereon.
l
\
r :.
(5) Vlhere the Executive Council does not within a reasonable-time, take action
~o the satisfaction.of the Kt~ladhip_ati, the Kuladhipati may, afte~ consid
ering.any explimation: furnished or representation made.by the Executive
,Council, issue such directions as he may think fit and the Executive Coun-
.. cil shall be bound to comply v/2th such directions.
(6) Without prejudice to the foregoing provisions of this section the Kuladhipati
~..may, by an order in writing, annul any proceedings of the University which
is not in conformity wittrthis Act, Statute or Ordinance.
Provided that before making any such order, he shall call upon the
University to-show cause why.such an order should not be made and_if
any caus.e is shown within a· reasonable time, he shall consider the same.
(7) 'The Kuladhipati shall.have s.uch other·powers·as may be specified by the
Statute.
(l) ',Kuipati' shall be appQinte,1 by the ·Kuladhipati tcider the doctorine
of pleasure after consultation with the state government from a
penal of not less than three distinguished p~rsons recommended
by the search committee constituted under sub section (2) or (6)
Provided further if the person so approved by the Kuladhipati
refuses to accept the proposal of appointment, the Kuladhipati shall
ask for fresh recommendation from search committee.
I \ . Provided that the first Kulpati shall be appointed by
· j K~l~Eit2e.:: •. ~ .. ~~.£1l. ,~~~~~~ . ·
(2) The Kuladhipati shaff constitute a search committee consisting of
the following persons namely.'.
(one) one person recommended by the Executive council;
. '
(two) one person nominated by the Spea'ker of the
Chhatti_sgarh Legislative Assembly;
(three) one person nominated qy the Kuladhipati. ·
and h~ shall appoint one of them . as chairperson of the
~ ~. -~ 24 ~ 2005 40 (27)
committee.
(3) For ~o_nstitutin~ the comm _ittee UIJ.der sub_section(2) ,the
-Kul~dhipati shall, six-months before ~he expi~ of the term of
Kulpati, call upon the ~xecutiv·~ council and the speaker of the
Chhattisgarh Legislative Assembly to cho_ose their nominees and
if any or· both of them fail to do so within one month of the
· receipt of the Kuladhipati's communication in this regard, the
Kuladhipati may further, nominate any on~ or both the persons as
the case may, be.
(4) No pers_on who is connected with the uqiversity or_ a college
shall be recommende _d or nominated · on the committee
c~nstituted und~r subsectioll (2).
I •
(5)}.The committee shall submit the panel within six weeks from the
date of its constitution or such further time ·not exceeding four
weeks as may be extended by the Kuladhipati.
(6) If for any reasons the .committee constituted under subsection
(2) fails to -submit the pane l within the p_eriod specified in
subsection (5), the Kuladhipati shall constitute another
committee consisting of three educationists not-connected, with
the university or a college, one of whom shall be designated_ as
ihe chairman. .
- . The . committee so constituted shall submit a pane I° of three
. persons with in" a period of six weeks Of such -shoiter period as inay
be specified, from the date of its constitution.
(7) If the committee constituted under subsection (6) fails to submit
the panel within the period specified there in the Kuladhipati
shall appoin t any educationist to be Kulpati after consultation
~ with the state government.
'-"'(8) To carry out the business of newly established university the State
· Government may appoint .l(ulpati, a person from the field of Education
'/ for a.perioq not exceeding two years and the:person so appointed shall
·1 constitute ·Execuhve Council, Acade~c · Council and. other. Authonties of
the University within a ~od of six months from the date of establishment
/ of the University and till the said authorities are constituted, _Kulpati-shall
be deemed to ~ the E~ecutive Council, Academic ~ouncil or such other
Auth9.rity, as the case may be, arid-shall exercise the powers and
perfonn the duties conferred or imposed on ·such authorities by or under·
this Act.
Provided thafthe Kuladhipati may, if he cqnsiders it necessary or
expedient so to do, appoint a committee, after consultation with the State
Government, consisting of an educationist and an administrative ~xpen and financial
expert to aid and advise Kulpati in the exercise of his powers and performance of
functions.
(9) Kulpati s~all be a ~hole-time salaried officer of the tJnivers_ity and his
40 (28)
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emnluments and other terms and conditions of service shall be prescribed oy the
Statute .
....,..lfo) Kulpati shall hold office for a term of four years or till lie-attains the age of
70 years wluchever IS eariierancl'sfialTnotbeelig16Ierorappomtment for more
. than two terms.
Provided that notwithstanding the expiry of his term he shall continue
to hold office µntil his successor" is appointed and enters upc:m his office but this
' ' .
period shall not, in any case, exceed six months.
/ .
~ 11) If at any time 1,1pon representation made or otherwise and after making such
enquiries as _may be deemed necessary, it appears to _the Kuladhipati that Kulpati.-
( a) · has'made default in perfonning any duty imposed on him by or
under this Act; or
(b) has acted in a manner prejudicial to the interest of the University;
or
( c) is incapable.of managing the affairs•of the University,the .
Kuladhipati may notwithstanding tI:ie fact that the term of office
· · ofKulpati has not expired; by an order~ in writing, stating the
_ · reasons therein, require Kulpati.to ~elinquish his office as from
, ~ ~ -- . .. ·such date as may be specified in.the order. ·
/ _· ~ ;(12) No order.under sub-section (il ) shall be passed unles~ the_particulars of
' tµe grounds on which such action is proposed-to be taken are communicated to
Kulpati and he is given a reasonable opportunity of showing cause against the
, proposed order. · .
, ' X 3) As from the date specified in the order under sub-section (11 ), Kulpati shall 'j ~-~ 1.
•. be deemed to have relinquished the office and-the office of Kulpati shall fall
1vacant.
.,,( -~~14) In the event of the occurrence of any vacancy.including a temporary va
J \X cancy in th,.e office ofKulpati by reason of his death, r(?signation, leave, illness or
otherwise, dean of any faculty nominated by.the Kuladhipati for that purpos.~
shall act as Kulpati until the date on whic~ Kulpati appointed under.sub~s~c-
. \ .. /
. tion(l ) or sub-sectioh(7) ent~rs, as the case may be, upon office; .
Provided that the arrangements contemplated in this sub-section shall · ·
not continue for a period of more than six months.
(15) Kulpati shall be the Chief Ex~uti ve and Academic Officer- of the
University. He shall be an ex-officio. member and Chairman of the Executive
Counc il and of the Academic Council , and Chairman of such other
autbxities, committees or bodies of the University of which· he is a meml:·er.
He ·shall be entitled to be present and to speak at any meeting of any
authority, corrurittee or other body of the University, but shall not be entitled
to vote. unless he i's a me.rnber of t}J.e authority , committee or body / . '
consemed.
/ .
\ ..(,16) It shall be the duty of Kulpa ti to ensure that this Act, the Statute, the O~di.fiance
and the Regulation are faithfully observed and he shall have all powers necessary
for this purpose.
10. Registrar
~ ~, ffi 24 ~ 2005
,,,-✓
40 (29)
_/(17) Kulpati shall have power to call the meetings of the Executive Council or
Academic Council ~d any otherauthority of which he is the chairman or he can
del~gate this power to any other officer .
. ,,,. ...... ,
~nf) ff in the opinion of Kulpati any emergency has arisen ¥{hich requires
✓ immed~ate action to be taken, Kulpati shall take such action as he deems necessary
and shall, at the earliest '1pportunity thereafter, report his action to-such officer,
authority, committee or other body as :would have in the ordinary course dealt
with the matter; ·
Provided that the,action taken by Kulpati shall not commit the University
to any recurring expenditure for a period of more than three months;
!
Provi<led further that where any such action taken by.Kulpati affects
any persor;. in the service of the University, such person~hall be entitled to prefer,
within thirty days from the date on which such action is communicated.to him, an
appeal to the Executive Councfr; · · ·
, . Provide4 also that this power shaJl.not extend t~ matt;rs regarding
amfodment in Ordinance, Statute, Regulation or any matter relating to appoint-
ments. . .
~r9) On receipt 9f report under sub-section (18) if.the. auth~rity, committee or
-✓\ \ body concerned does not approve the action taken r y Kulpati it shall refer the
.,. ma_tter to the K uladhipati whose decision thereon shall be final .
. / ~ The action taken by Ktilpati under sub-section (18) shall be deemed to be
V- the action taken by the appropriate authority until it is set aside by the Kuladhipati
on a reference made under sub-section (19) or is set aside by the Executive
Com1qil on an appeal under the·second proviso of sub-section (18).
_J)-1) If fn the opinion o(Kulpati, any-proc·eeding ?f any a~thority, committee or
other body o_f the University is likely.to be prejudicial to the interest of the University,_
. . he shall rec9rd his reason and refer. the matter to the K_uladhipati and also infonn
the authority, committee or other body concerned shall not be given effect to till
the matter is <ieciµed by the Kuladhipati under sub:section (18) of Section 9. .
-~ Kulpati sha.11 exercise general control-over the ~ff airs of the University and
shall give effect to the decisions of the authorities of the University.
~) Kulpati shall exercise such other powers as may be prescribed by the Statute,
Ordinance and Regulation.
(I) Registrar shall be appointed in such manner, on·suc~emoluments and other
conditions of service as may be prescribed by the Statute.
(2) Registrar empowered by the Executive Council ~ha1l have the powers to
enter into, and sign;_ agreements an? a~thenticate records ~n behaif of the
· University.
OY'Registrar' shall exercise such powers and perform such functions as may be pre
scribed by the Statute.
(4) The first Registrar will be appointed by Government of Chhattisgarh on
\ . "-~-~
40. (30)
11. Finance Officer
12. Regional Directors
.13. Other Officers
.....;l'( Authorities of the
Univer~ity-
~- ", ; •r-i,
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15. Executive,96unciL
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16. Academic Council
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deputation for 2 years.
'
(I) Finance Officer shall be appointed in s_uch manner, on such emoluments
and other condi~ions of service and shall exercise such· powers and per
fom1 such functions as may be prescribed by the Statute.
(2) Finance Officer shall be appointed by Govt. of Chhattisgarh on deputation.
Ev~ry Regional Director shall be appointed in such manner, on such emolu
m~nts and other co,n~itions of service; and shall exercise such powers and
perform ·such functions, as may be prescribed by the Statute.
,j,.
The manner of appointment, emoluments, powers and duties of the other offic-
ers of the University shall be prescribed by the S,tatute .
.., The following sh~II be th~ authoriti~s of the University
efExecuti~e Co~cil;
(~adernic Council;
'(3.}, Planning Board;
( 4) Departments;
, .(5)13oard of Studies;
(6}--Finance Committee; and -.;,,, ,,...
JJ,YSuch other authorities as may be declared by the Statute to be the authori-
ties of the University.
0) '. Executive Council shall-be the principal executive body of the University, .· . -
which shall consist of not more than thirieenmeinbers out of which not more
than seven shall 0e Government Officers.
(2) The constitution of Executive Council, the term of office of its mernhers
and _its powers and functions sh_?ll be prescribed by the Statute.
(1) Academic CoW1cil shall-be the Princip al Academic body of the University
which shall consist of not more than fifteen members out of which not more
than four shall be Government Officers and·shall, subject to the provisions . .,
of this Act, the Statute and Ordinance, have.tlie contr_o.1 and general
regulation of, and be responsible for, maintenance cif standard of research, . . .. .
learnlng, .education; instr,uction, ~valuatio~ and .e,xamination-with.in the
18. Departments
19. Board of Studies
21. Other .authorities
40 ( 31)
University and shall exercise such other powers and p~rform such other
functions as may be conferred or imposed upon it by, the Statute.
(2) The constitution of the Academic Council and the term of office of its
members shall be prescribed by the Statute.
(1) There shall be a Planning Board of the University which shall consist of not
. .
more than .nine members out cf which not "less than three shall be Gov-
ernment officers. It shali°be the principa) planning body of the Univ~r~ity
. ~d 'shall also be responsible for the monitoring of the development of the
. . '
University, on the lines 'indicated in the objects of the .University.
(2) ~ The constitution of Planning Boru-d, the term of office of its members and
its powers and functions shall,be prescribed by the Statute.
(1) There ·shall be ·such ~umber of Departments as the University may
determine from time.to time ..
(2) The· constitution, powers ·and functions_ of-the Departments shail be
prescribed by the Statute.
_- (1) There shall be a Board of Studies for every subject or group of subjects
as may be prescribed by the Sta~ute.
(2) The constitution of the Board of.Studies, the term of office of its n1embers
and its powers and functions shall be prescribed by Statute.
(1) The constitution, powers and ~ctions of the Finance. Committee shall-be
·prescribed by the Statute,
(2) No-deci~iori inv;lvin:g financial implications shall be taken by any authority of
the University. without prior concurrence of the Finance Committee.
-i:11e consti!Ution, powers and fu11ctions of the other autho1ities which may
be declared by the Statutes to be authorities of the University sh~ll be
prescribed by the Statute.
(1) The University shall establish a Fund to be called th~ University fund.
(2) .The following shall-form.part of or be paid into the Urtlve~·sity Fund .
. (a) any loan, contribution or grant by"Central or State"Govemment or any
40 ( 32)
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23. Objects to which
University Fu,it! may ne
applied
,,J
..... • 1,--. ~ .•
_4 _-,_·o-o:-01nat11.m .. ,_,, .
Committee
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body corporate;
(b) trusts, bequests, donations, endowments and other £rants if any·
0 ' '
. ( c) the income of the University frcm all sources including income from -
fees and charges;
• ✓-· (d) all other-sums received by the University.
___ _,)3-(~~e Uciversity Fund shall be kept in any nationalised. Ban1c .
_..,,..,,~-
>Of The University fund shall be applicable to the following objects:-
(&) repa1went of 1ebts incurred by the University fo!' tl)c purpo_ses of
thi3 Act and the Statute Or-dinance and Regulation ;nade [hereu!1der;
(b) up-keep of th.e property of the Universicy i.nciucling t.¾e depart'11C'1ts, .
regional centres, study centres, and the hostels;
. .
( c) payment of cost of audit of the Un:versity Fund;
. .
(d) expenses of any suit or proceedings to.which University is a party;
. -. . . .
. ( e) payment of salar;ies-and allowar!ces of t½.e teaching and non-teach"
. . ' . '
.ing_staffofthe University, Regional study c;:;ntres and departments maintained
by the University and in furtherance of the purposes -of thi3 ·Act, Statute,
Ordinance. and Regulation ma:de therellilder and to the payment of other benefits;
(f) payment of travelling and other allowances of ihe members of the
authorities of the University in pursuance o,. any provisions of this Act and the
Statute Ordinance and Regulation made thereunder;
. (g). payment of fellowships, ~holarships and other awards to the students;
(h) payme~t of any expenses incurred by the Universi~ in c~g out
the provisions of this Act and the Statute, -Ordinance,, an? Regulation made thereunder;
_ · · (i) payment of any other expenses not specified in any of the preced
ing clauses declared by the Executive Council to be the expense 'Tor the purposes
of the University.
(2) No expense shall be incw-red by the University in excess of the limits
'-
fo_r 101.ahecWTing and non-recuning expenditur~ for the year fixed by the
Exc:cutj e Council. .
.(Z') No expend1ture other than. that provided for in the budget shall t,.,;
~ . .
:incurred by the University without the previous approval of the Ex.e,:utive
CoW1cil.
(! l C o-c:rdination Committee established mder the Vishw;;1·,•1ct:-;aiaya Adhi'liyam,
: 97: (No. 22 of i 97 3) shall exercise the })OV-lcrs a1:.d perfon:1 the func
ti.ons enumerated in Section 34 ·of the s2id / \Cl. ·
(2) Kulpmi s½:~il be e):-officio memce,· of the Coordinatioi1 C~:mm1ittee
25. Statut✓ ...,.
, I
26. Statute how made
~ ~. ~ 24 ~ 2005 40 (33)
Subject to the provisions of this Act, the Statute may provide for all or any
of the following matters, namely:-
(a~ the manner of appointment of Registrar, Finance Officers, Regional
director and other officer, emolwnents and other conditions of their servire and
the powers and functions that may be-exercised and performed by·each of the
. officers;
. , •
· (b) .constitution·of Executive Council and other authorities of the
University, the terms of office of the members of such authorities and the powers.
and 'functions that may be exercised and performed by such authorities;
(c) appointment of examiners and moderators;
( d) appointment of teachers and other employees of the University,
their emolwnents and other cqnditions of service;
( e) principles governing the seniority of service of the employees of the
University.
. .
-· (f) procedure in relation t? ~y appeal or application for review l]y any
. . .
employees or student of the University against the action of any officer or
auth.ority of the University, including the time within which such.appeal or
application for review shall be preferred..or made; ·
(g) forum and procedlfTe for-Jhe settlement of disput~ between the em
ploye~s or students of the University and the University;
_ (h) the co-ordination an_~ determination of standards in University; ·
~~fal l o~er matters which by the Act are.to be,or may be provided
by the Statute.
,.A1~ -first ~tat~§hall be framed· by t?e State Government and the State
Government may ammend the first statute as may be necessary.
~).,,.The authorities may from time to ·time, amend or repeal any statute, except
first statute.
(3) 111e authority may- on its own motion; or otherwise take into consideration
the draft of a Statute.•
Provided that nothing in this clause sh~. apply in respect of statutes ol;her
. than those affecting-tfie emolwnents ofKulpati, Registrar and other officers of
the University.
~Where a draft is proposed by the authority under this section it shall be
40 ( 34 )
27 _ Ordinance
~ ~. ~ 24 ~ 2005
referred to the Executive Council for consideration and the Kulaq.hipati may,
after considering the view.s, i~ any, of the Executive Cow1cil that ni.ay be
r~ived within such period not l.ess·than thirty days as the Kuladhipati may
specify approve such draft with or without modificatj·ons and pass the
Sta~te;
~Where a draft is proposed by the Executive ·~oi.wcil ·the Kuladhipati ·may
·. approve -of such draft and pass the Statute or reject it or return it to the
Executive Council for reconsideration either in whole pr in part together
with any amendment which he may suggest.
/ .
j9Y'Afte r ~ y draft returned under sub~sect~on (5) has been further considered,
by the Executive Council together with any .amendment suggested by the
Kuladhipati, it shall again be presented to the Kuladhipati with a report of
;. the Executive Council thereon and the Kuladhipati may approve o~ reject
the Statute.
· (7,) The Kuladhipati shall not take into consid~on . nor the Executive Council
shall propose the draft of an>' Statute or of any ·amendment of a Statute
. or of the repeal of any Statute affecting the.~tatus, power or constitution
of any authority of ~e University-until such authority has been given an
opportunity of expressing an opinion upon the .proposal.
(8) The Kuladhipati may approve the statute and they shall become effective from
.·'
----;uch date as the Kuladhip~ti may specify.
(1) Subject to the provisions of this Act and the ~tatute the Ordi~ance may
. . .
provide for all or any of the following mattc:;rs, namely,
~) adri.1ission of students, courses of study and ~ees. thereof,
qualifications pertaining to degrees, dipi°omas, ·certificates and other co~rses;
conditions for the grant of fellowship~, awards and the like; ·
v{b'f conduct ?f exakinati on~! including the tenns .and conditions and
appoinqnent of exarnin.ers and moderators~ ,.,,,.,,,. . .
'v(c) any other matter which by this Act or the Statute is to be or may
be prov ided for by the Ordinance.
(2) The first Ordinance shall be made by Kclpati with the previous approval
ofthe·State -Government-and the Ordinance so made may be a1;1ended,
repealed or added to at any time ·by the Executive Council in the manner
prescribed by the Statute.
28. Regulation
v
29. Annual report _/I
I I
,J
. /' .
30. Annual accoun}S.,
__,I
J 1. -Conditions of service
of employees
~ D~, ~ 24 ~ 2005 40 ( 35)
(1) The authorities of the University may make Regulations consistent with this
Act, the Statute arid the Ordinance for the conduct of their ovm business
and that of the Committee, appointed by them and not provided for by this
Act, the Statute or the Ordinance~ the manner prescribed by the Stature.
·(2) Regulation made shall be palced before the kuladhip.ati for"hls approval and
shall be. effective from the date of its appJoval.
(1) Annual re.port ot: the University shall be preparGd under the directions of
the Executive Council whlch shall include, among other matters, the steps
. .
, taken by the University towards the fulfilment of its objects.
(2) ~Anriual report so prepared shall be submitted to the Kuladhipati and the
. .
State Government on or before such date as may _be prescribed by the
Statute and a copy of the annual report of.the Uniyersity shall be la~d on the
tai)le of the Legislative Assembly by the State Ooverrunent.
(1) Th~ arumal accounts of the.University shall be prepared under the direc
. tions of the Executive Council and shall be audite9 by ·the ~xaminer oflocal
·. fund account.
(2) A copy of the accounts together with the audit report shall be submitted
. to the Kuladhipati along with the observation if any, of the Executive Councii.
(3) Any observations made by the Kuladhipati on the annual accounts shall be.
brought to. the notice of the Executive Counci_l and the v-iew~ of the Ex
ecutive Council if any, on. such observations, shall ~ submi~ :to the Kulad
hipati.
( 4) A.copy of the accounts together ~ith the audit report, as submitted to the
Kuladh.ipati shall also be submitted to the State Government..
A copy of the accounts together with the audit.r_eport as submitted to
the Stf!te Government shall be laid on the table of the Legislative Assembly by
the State Government as soon as possible.
· ( 1) 'Every en:ployee of the University shall be appointed under a written
contract and such contract shall not be inconsistent with the provisions-of . . . .
this Act, Sta~t~ ·and O~dinance.
(2) The contract referred to ·in sub-section (I); shall be lodged with the University
a copy of which shall be furnished to the employee· concerned.
40 (36)
32. Adjudication of
Dispute
A utes as to the
constitution of the Uni
versity authorities and
bopies
✓
34. Filling of casual
vacancies
v0roceedings of the
University authorities or
· bodies not invalidated by
vacancies
~rotectiOn of action
v"taken in good faith
✓ -
37. Power to remove
" difficulties
38. Transitional
·prov1s1ons
· ~ ~. K-,Tc.n 24 ~ 2005
Any dispute arising out of contract betv.1een the University and any of it:,
officers or teachers shall be adjudicated upon by Kulpati and appeal against
decision shall lie to~ the Kuladh.ipati or to a body. which may be constituted by
him
If any question arises 8:S to whether any person has been.duly appointed
or is erµitled to be a member of any authority or other"bcdy of the Unive~ity,_the
matter shall be referred to the Kuladhipati whose decision thereon shall be final.
, .
Save as otherwise provided in th.is Act all casual vacancies of the members
other than ex-officio members of any authority, committee or other body of the
University shall be filled, as so.on as possible for remaining unexpirerl. period
in accordance with ~e _procedure.
No Act or Proceedings of any authority or.any other body shall be invali-
. .
dated merely by reason of the existence of any vacancy or vacancies among
its members.
No suit or other l~gal_proceedings shall lie against any officer, teacher or
other employee of the University for any thing which is in good faith done or
intended to be do_ne in pursuance of any of the provisions of this Act or the
· Statute, O~dinances or Regulation.
If any difficulty arises ip giving effect to the provisions of this Act, the State
Government may, by order, make such provisions not inconsistent with the
provisions of this Act, as appears to it to be necessary or expedient for re-·
moving the difficulties.
Notwithstanding any thing contained ih this Act and the Statute;
(a) The State Government shall appoint an officer cin special duty for
a term not ex~eding two years. The terms and conditions of .the officer on ~ial
duty shall be stated in_ his letter of appointm~rit; ..
· · . (b) The officer 0 t; .sp~cial duty shall have p9wers of Kulpati;
( c) the first ExeCL•:ive Council shall consist of not more than fifteen mem
bers who sh~ll be nominated by the Kuladhipati on the advice of the State
Government and they shall hold office for a term of three years; and
39. State govem.:nent to
a<;sumc:: financial comrol
in certain circurn<;tan.c
~ ~ . ~ -24 ~ 2005 40 (37)
( d) (i) the first planning Board shall consist of not more than eleven
members who shall _be_nominated by the Kuladhipati on the advice of the State
Govenimei:it and they shall hold office for a term of three ye?fs;
· (ii}the planning Board shail, in addition ~o the pow.ers and functions
_b;mferred o!j it by this Act, ex_ercise the powers of the.Academic C9uncil and
• • ,• • J •
the_ Board of Studies until the- Academic Council and the''Board of Studies
are constituted under the provisioris of 1his Act and-the Statutes, and in the exercise
of suchpowers, the Plqnning Boar1 may co-opt such m~~bers as it may~ d~cide.
( 1) If the Slate Government is satisfied that owing to ~adrni.tli~~tio 1; or financial
mism-anagemcnt in the University a situation has arisen whereby financial stability
of the University has become insecure, it may by notification, declare that the
finances of the University shall be st;bject to the control ofihe State Government.
(2) '.Every_notific~tion issued under_ sub-section (I) shail, in th'e fast instance,,
remain in operation for a period -of one year from the date spe-cifi~d in thy
notification and the State Q-ove~ent inay; from time to time,, by notification, -. . . ' . ·, ~ . . . .
extend the pe_riod of operation-by such fuither period as it may~ fit, provided_
that the·total period of operation d~es not exc~ed thr~e years ..
(3) During the period of-the n~tification is;ued ~der sub-~ection (l}the executive
authority of the State Government ~hall ex_tend to give directions to the. said
University to observe such cannons of financial propriety as may be specified in
the dirrct ion and to give such other directions as the State Government may
deem necessary and ~dequate for the purpose. .
( 4) Notwithstanding anythin·g contained in thjs Act, any such direction-may
include;- .
_ (o~e) ;;t·provi~icm re_quiring·th~ sJ.ibTT?-i~siq~ of the buqgettq th~ S.tate -
Govemmei)t for san~tion;-
(two )a provision requiri~g the University.to submit every proposal
involving financi~ implications to the State Government for sanction;
(tlu·ee)a provis·ion requfring the submission of every proposal for th~
revision of pay scale and rate of allowanc;es of the officers, teachers, and other
persons employed by_the Uriiversity to-the State Goverrunent for the sanction;
(four)a provision requiring the deduction of salaries and ~lowances of
all or' any class of persons ·employed by the_ University ;
· (five) a provision requiring the deduction in the number of pos.ts o_f the·
officGrs,_teachers and other persons employed by thdJniversit)[; -- -- ·-. :
_ (six) a p~oyisio.n requirin~ the lowering'downof s?·ales of pay l:lrld rate
of allowances, and
(seYen) a provision in regard to such ~ther matt~rs as·~ ay h·w.-e tbe
effect of reducing the financial strain ori the University.
Provided that the Kuladhipati ma\', if be considers it necessaI) so Lo do,
J: r;. • I ., • •
appoint a committee consisting of an edur,ationist, and admfrtlsrrative expert and
40 (38)
• ~ J
Govemment to a ly ·
Act in modifi form
with a vi w provide
forbetteradnunistration
oflJniversity in certain
~ircumstances
~ ~ . ~ 24 ~ 2005
a fincincial _expert to assist Kulpati so appointed in exercise of such powers and
performance· of such dutie_s. . ,.
-C~)_ ·No~1Standing ~y tlung conta~i.ed in this Act.; it shall be binding oh every
_ . authority o~~he University and.every officerof the U~versity to give effect to the
· · direction given under this section.
• (6) Every officer of the University s~all ·be pe;rsonally liable for misapplication of
any fund or property of the U 1liver.3ity as a result of non-compliance of the direction
. .
give_n_under this _section to which he shail have been a party 01~ which shall have
happened through or been facilitated by gross neglect of his duty as such officer,
and the loss so inc~rred shall, on a certificate issued by.th~ Secretary, Higher
• Education be recovered from such officer as an arrears ofland revenue .
Provided-that no action' to recover. the amount of loss as arrear of land
revenue shall be taken l,111ti.l reasonable oppbrtunity;has-been given to the person.
con~eme~ to furnish explanation and such explanation-has been considered by · . . .
· • ·the State Gpveminent. •
., '
.. (1) If the ~tate. Gover:nment on receipt of a report or·otiwrwise; is satisfied that
.. a situation has arisen in which-the administration of the University cannot be carried . .
out in accordance wi'th the provisions of the Act, without detriment to the interests
of the University and it is expedient in the interest of the University so to do, it
may by notification, for reasons to be mentioned thereirf, direct that the provisions
of Sections 9, 15, 16 to 20, 28; 29, 30 and 37 shall as from the date specifie~ in
the notification (hereinafter in thjs Section referred to as the appointed date) apply
to the Uniy~rsity. -
(2) Th~ Notification issued under sub~section(1) shall rem~ in operation for a
period ofone.year from the appointed date-and the S~te G~vernment may, from
ti,me to lime, extend the period of such further perio~ as it may'think fi_t so; however
that the tcita1 pei:iod o~ operation of the notification do_es _not exceed three years.
(3) Toe Kuladhipatishall ·simultaneously with the issu~ of the notification, appoint
Kulpati under Sections 9 and J(ulpati so appoihte.d shall hold office during the
.period of operation of the notification.
Provided that Kulpa ti may, notwithstanding the c~pi_ration ·of the period of
operation of the.notifications, continue to hold offi~~ thereafter w1til his successor
enter~ l;POn office b~t thi~ pet"iod shall not e\ceed one year.
, ( 4) P...s from the appointed c;late; the following consequences shall e11Sue, namely:
( one) Kulpati, holding office immediately before, the appointed date,
shall notwithstan~ng that his term of office has not expired, vacate his office. .
(h1/o) every person h~lding office as a me?1ber of the Executive or the
Acadeinic co·uncil, as the ·case may be immediately"before the appointed date
shall cease to hold that office; · . . ~
(three) until the, executive Council or Academic Ci1-t1Cil, as the case
may be i~ reconstituted in ao'COt'G.'l·. ~~ v.r:iU~CTe provisions as modified, Kulpati
I
•
•
~
41. Effect on
expiration of the
period of
operationb
notification under
section40
Excerpt shown. Open the full act in Lexace.