The Goa University Act, 1984
Goa · state statute
Open in Lexace · Ask the AI about this act- 1 - GOVERNMENT OF GOA, DAMAN AND DIU Law Department (Legal Advice) Drafting Section — Notification No. LD/10/7/84-(D) The following Act which was passed by the Legislative Assembly of Goa, Daman and Diu on the 1st day of August, 1984, and assented to by the President of India on the 28th November, 1984, is hereby published for the general information of the public. B. S. Subbanna, Under Secretary (Drafting). Panaji, 1st December, 1984. The Goa University Act, 1984 (Act No. 7 of 1984) AN ACT to establish and incorporate a teaching and affiliating University in the Union Territory of Goa, Daman and Diu and to provide for matters connected therewith or incidental thereto. Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Thirty -fifth Year of the Republic of India as follows:— 1. Short title and commencement. — (1) This Act may be called the Goa University Act, 1984. 1[(2) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.] 2. Definitions.— In this Act, and in all Statutes made hereunder, unless the context otherwise requires,— (1) “Academic Council” means the Academic Council of the University; (2) “affiliated college” means a college recognised by the University as such in accordance with the provisions of this Act and the Statutes in which instruction is provided in accordance with the provisions of the Statutes and Ordinances; (3) “autonomous College” means a college recognised as such by the Statutes; (4) “autonomous Department” means a Department designated as such by the Statutes; (5) “autonomous institution” means an institution recognised as such by the Statutes; (6) “Board of Studies” means the Board of Studies of the University; (7) “Chancellor”, “Vice-Chancellor” and “Registrar” means, respectively, the Chan-cellor, Vice-Chancellor and Registrar of the University; (8) “College” means a College maintained by the University and includes an affiliated - 2 - College; 2[(8a) “Court” means the Court of the University;] (9) “Department” means a Department of the University; (10) “Executive Council” means the Executive Council of the University; (11) 3[“Government” means the Government of the State of Goa]; (12) “Hall” means a unit of residence or of corporate life for the students of the University, College or Institution, provided, maintained or recognised by the University; (13) “hostel” means a place of residence for students provided, maintained or recognised by the University; (14) “institution” means an academic institution, not being a College, maintained by the University; 4[(14A) “Prescribed” means prescribed by rules made under this Act.] (15) “Principal” means the Head of a College or Institution; (16) (16) 5[ ] (17) “Statutes” “Ordinances” and “Regulations” means, respectively, the Statutes, Ordinances and Regulations of the University;— (18) “teachers of the University” means Professors, Readers, Lecturers and such other persons as may be appointed for imparting instruction or conducting research in the University or in any college or institution maintained or recognised by the University and designated as such by the Ordinances; (19) “University” means the Goa University; (20) 6[ ] 3. The University.— (1) There shall be established in the 7[State of Goa], a University by the name of “Goa University”. (2) The headquarters of the University shall be at 8[Taleigao, Panaji Taluka, North Goa District] and it may establish campuses at such other places within its jurisdiction as it may deem fit. (3) The first Chancellor and the first Vice -Chancellor and the first members of the 9[Court], the Executive Council and the Academic Council and all persons who may hereafter become such officers or members, so long as they co ntinue to hold such offices or membership, are hereby constituted a body corporate by the name of “Goa University”. (4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name. 4. Objects.— The objects of the University shall be to disseminate and advance knowledge by providing instructional, research and extension facilities in such branches of learning as it may deem fit and by the example of its corporate life, and, in particular,— (a) to pay special attention to the improvement of social and economic welfare of the people of the 10[State of Goa] by developing suitable programmes in community development and human relations; (b) to promote interest in the life, literatures, languages and cultures of the people of the 11[State of Goa]; - 3 - (c) to establish schools of studies in disciplines relevant to the life, needs and aspirations of the people of the 12[State of Goa] and its geographical and industrial profile; (d) to provide adequate facilities for the educational and professional advancement of socially and educationally backward and under privileged community from rural areas; (e) to create opportunity for appropriate academic and professional education for women; (f) to promote interest in physical efficiency and excellence in sports, and social service among the youth of the 13 [State of Goa]; and (g) to provide higher education, extension and research facilities in Latin studies, mining and marine sciences. 5. Powers of the University.— The University shall have the following powers , namely:— (1) to provide for instructions in such branches of learning as the University may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge; (2) to grant, subject to such conditions as the University may determine, diplomas, certificates to and confer degrees and other academic distinctions on the basis of examinations, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other distinctions for good and sufficient cause; (3) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes; (4) to establish such campuses, Special centres, Specialized Laboratories for research and instruction as are, in the opinion o f University, necessary for the furtherance of its objects; (5) to organise and to undertake extra-mural studies and extension services; (6) to provide instructions, including correspondence and such other courses, to such persons as are not members of the University, as it may determine; (7) to establish and maintain colleges, institutions, halls and hostels, to admit to its privileges, colleges, institutions and halls not maintained by it and to withdraw any of those privileges; (8) to institute Principalships, Professorships, Readerships, Lecturerships and other teaching or academic posts required by the University, and appoint persons to such Principalships, Professorships, Readerships, Lecturerships or other posts; (9) to institute and award fellowships, scholarships, studentships, medals and prizes; (10) to declare a college, an institution or a Department as an autonomous college, institution or Department, as the case may be; (11) to recognise an institution of higher learning for such purposes as the University may determine and to withdraw such recognition; (12) to appoint persons working in any other University or organisation as teachers in the University for a specified period; (13) to determine standards for admission in the University which may include examination, evaluation or any other method of testing; - 4 - (14) to demand and receive payment of fees and other charges; (15) to institute and award fellowships, scholarships, exhibitions and prizes; (16) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare; (17) to make special arrangements in respect of women students as the University may consider desirable; (18) to regulate and enforce discipline among the students and employees of the University and take such disciplinary measures in this regard as may be deemed necessary by the University;. (19) to create administrative, ministerial and other posts and to make appointments thereto; (20) to 14[receive grants and donations] and to acquire, hold, manage and dispose of property, movable or immovable, including trust and endowment property for the purposes of the University; (21) to borrow, with the approval of the Government and on the security of the property of the University, moneys for the purposes of the University; (22) to make provisions for— (i) the National Service Scheme; (ii) the National Cadet Corps; (iii) the National Sports Organisation; (iv) physical and military training; (v) the Students’ Council; and (vi) such other activities directed towards the cultural, economical and social betterment of the students. (23) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of the objects of the University. 6. Jurisdiction.— (1) The jurisdiction of the University shall extend to the whole of the 15[State of Goa]. (2) No educational institution situated within the 16[State of Goa] shall be associated in any way with or be admitted to any privileges of any other University, and any such privileges granted by such other University to any educational institution within the 17[State of Goa] prior to the commencement of this Act shall be deemed to be withdrawn on the commencement of this Act: Provided that the Government may, by order in writing, direct that the provisions of this sub-section shall not apply in the case of any institution specified in the order. 7. The University open to all classes, castes and creeds. — The University shall be open to persons of either sex and of whatever race, creed, caste or class, and it shall be not lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted therein as a teacher or student or to hold any office therein or to graduate from it or to enjoy or exercise any privilege thereof: - 5 - Provided t hat nothing in this section shall be deemed to prevent the University from making special provisions for the admission of women students or for the admission of students of the weaker sections of the people. 8. 18[Chancellor].— (1) The 19[ ] Governor of the 20[State of Goa] shall be the 21 [Chancellor] of the University. (2) The 22[Chancellor] shall have the right to cause an inspection to be made by such person or persons as he may direct, of the University, its buildings, laboratories and equipments, and of any college or institution maintained by the University; and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University, colleges or institutions. (3) The 23[Chancellor] shall, in every case give notice of his intention to cause an inspection or inquiry to be made— (a) to the University, if such inspection or inquiry is to be made in respect of the University, college or institution maintained by it; or (b) to the college or institution if the inspection or inquiry is to be made in respect of the college or institution admitted to the privileges of the University; and the University, college or institution, as the case may be, shall have the right to make such representations to the 24[Chancellor], as it may consider necessary. (4) After considering the representations, if any, made by the University, college or institution, as the case may be, the 25 [Chancellor] may cause to be made such inspection or inquiry as is referred to in sub-section (2). (5) Where any inspection or inquiry has been caused to be made by the 26 [Chancellor], the University or college or institution, as the case may be, shall be en titled to appoint a representative who shall have the right to be present and to be heard at such inspection or inquiry. (6) The 27[Chancellor] may, if the inspection or inquiry is made in respect of the University or any college or institution maintained by it, address the Vice-Chancellor with reference to the result of such inspection or inquiry, and the Vice -Chancellor shall communicate to the Executive Council the views of the 28[Chancellor] with such advice as the 29 [Chancellor] may be pleased to offer upon the action to be taken thereon. (7) The 30[Chancellor] may, if the inspection or inquiry is made in respect of any college or institution admitted to the privileges of the University, address the college or institution concerned through the Vice -Chancellor with reference to the results of such inspection or inquiry. (8) The Executive Council or the college or institution, as the case may be, shall communicate through the Vice -Chancellor to the 31[Chancellor] such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry. (9) Where the Executive Council or the college or institution, as the case may be, does not, within a reasonable time, take action to the satisfaction of the 32[Chancellor], the 33[Chancellor] may, after considering the explanation furnished or representation made by the Executive Council or the college or institution, as the case may be, issue such directions as he may think fit and the Executive Council or the college or institution, as the case may be, shall comply with such directions. - 6 - (10) Without prejudice to the foregoing provisions of this section, the 34[Chancellor] may, by order in writing, annul any proceedings of the University which is not in conformity with this Act, Statutes or Ordinances: Provided that before making such order he shall call upon the University or the college or institution, as the case may be, to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same. (11) The 35[Chancellor] shall have such other powers as may be prescribed by the Statutes. 36[(12) The Chancellor shall, by virtue of his office, be the Head of the University. (13) The Chancellor shall, if present, preside at the convocations of the University held for conferring degrees.] 9. Officers of the University.— The following shall be the officers of the University:— (1) 37[ ] (2) The Vice-Chancellor; (3) The Deans of Faculties; (4) The Registrar; (5) The Finance Officer; and (6) Such other officers as may be declared by the Statutes to be officers of the University. 10. 38[ ] 11. The Vice-Chancellor.— (1) The Vice-Chancellor shall be appointed by the 39[Chancellor] in such manner and on such terms and conditions of service as may be prescribed by the Statutes. (2) The Vice-Chancellor shall be the principal executive and academic officer of the University, and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University. (3) The Vice-Chancellor may, if he is of opinion that immediate action is necessary in any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority the action taken by him on such matters: Provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the 40[Chancellor] whose decision thereon shall be final: Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice -Chancellor under this sub -section shall have the right to appeal against such action to the Executive Council within three months from the date on which decision on such action is communicated to him and thereu pon the Executive Council may confirm, modify or reverse the action taken by the Vice-Chancellor. (4) The Vice -Chancellor shall exercise such other powers and perform such other functions as may be prescribed by the Statutes or Ordinances. 41[11A. Extension of the term of the Vice -Chancellor. — Notwithstanding anything - 7 - contained in this Act or Statute, the Chancellor may extend the term of the Vice- Chancellor for such period not exceeding one year from the date of the expiry of the term of the incumbent] 12. Deans of Faculties.— Every Dean of a Faculty shall be appointed in such manner, and shall exercise such powers and perform such duties as may be prescribed by the Statutes. 13. The Registrar.— (1) The Registrar shall be appointed in such manner as may be prescribed by the Statutes. (2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University and shall exercise such other powers and perform such other duties as may be prescribed by the Statutes. 14. The Finance Officer.— The Finance Officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes. 15. Other Officers. — The manner of appointment and powers and duties of other officers of the University shall be prescribed by the Statutes. 42[15A. Retirement Age. — (1) The retirement age on superannuation of the teaching staff of the Goa University and of the 43[affiliated colleges of the Goa University except that of the Goa Medical College, Goa Dental College and the Institute of Psychiatry and Human Behaviour], whether aided by the Government or not including the Principals of such colleges, shall be sixty two years: 44[***]. 45[(1A) The retirement age on superannuation of the teach ing staff of the Goa Medical College, Goa Dental College and the Institute of Psychiatry and Human Behaviour, affiliated to the Goa University, shall be sixty-five years. (1B) Any member of the teaching staff referred to above who is due to retire on superannuation at sixty two years or sixty-five years, as the case may be, such member shall be allowed to retire on the afternoon of the last day of the month in which age of superannuation is attained.] (2) a retirement age on superannuation of persons other than the teaching staff of the Goa University and of the affiliated colleges of the Goa University, whether aided by the Government or not, shall be sixty years only.] 46[15B. Bar on University and its authorities. — The Goa University or for that matter any authority under the Goa University Act, 1984 (Act 7 of 1984), shall not have any powers to make any statute dealing with the age of retirement or extension in service of any teaching staff or any other employee of the Goa University or any teaching staff or any other employee of aided or non-aided colleges affiliated to the said University and if any such powers stand conferred on any authority under the provisions of the said Act, 1984, they shall, to that extent, stand repealed. Any statute so made or existing shall, to the extent it contravenes any of the provisions of the Goa University (Amendment) Act, 2006, be deemed to be void and of no effect.] 47[15C. Provision for giving effect over other existing provisions.— Notwith- standing anything contained in any other provisions of this Act or Statutes and Ordinances of the University or any other law for the time being in force or notification, rules, regulations, decree, order or judgement of any court, circular or instructions, every employee of the Goa University and also that of all colleges affiliated to the Goa University, whether aided or not, and falling in 48[ ] non-teaching category, 49[ ], except “D” category employees, shall - 8 - retire on superannuation at the age of fifty eight years.] 16. Authorities of the University.— The following shall be the authorities of the University:— (1) The 50[Court]; (2) The Executive Council; (3) The Academic Council; (4) The Faculties; (5) The Finance Committees; (6) Such other authorities as may be declared by the Statutes to be authorities of the University. 17. The 51[Court].— (1) The constitution of the 52[Court] and the term of office of its members shall be prescribed by the Statutes. (2) Subject to the provisions of this Act, the 53[Court] shall have the following powers and functions, namely:— (a) to review, from time to time, the broad policies and programmes of the University and to suggest measures for the improvement and development of the University; (b) to consider and pass resolutions on the annual report and the annual accounts of the University and the audit report on such accounts; (c) to advise the 54[Chancellor] in respect of any matter which may be referred to it for advice; and (d) to perform such other functions as may be prescribed by the Statutes. 18. The Executive Council.— (1) The Executive Council shall be the principal executive body of the University. (2) The constitution of the Executive Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes. 19. The Academic Council.— (1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and Ordinances, co-ordinate and exercise general supervision over the academic policies of the University. (2) The constitution of the Academic Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes. 20. Other authorities of the University. — The constitution, powers and functions of the Faculties, the Finance Committee and of such other authorities as may be declared by the Statutes to be authorities of the University, shall be prescribed by the Statutes. 21. Planning Board.— (1) There shall be constituted a Planning Board of the University for— (a) preparing long term and short term plans and programmes for the development of the University; and (b) for evaluating the progress of the plans and programmes periodically. (2) The constitution, powers and functions of the Planning Board, the manner of appointment and the term of office of its members shall be prescribed by the Statutes. 22. Statutes.— Subject to the provisions of this Act, the Statutes may provide for all - 9 - or any of the following matters, namely:— (a) the appointment, powers and duties of the officers of the University, their emoluments, and their terms and conditions of service; (b) the constitution, powers and functions of the authorities and other bodies of the University as may be constituted from time to time; (c) the election and continuance in office of the members of the said authorities and bodies, the filling of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide; (d) the conferment of honorary degrees; (e) the establishment, maintenance and abolition by the University, Departments, colleges institutions of research and specialized studies, halls and hostels; (f) the appointment of the teachers of the University and other academic staff and the emoluments and other terms and conditions of their service; (g) the appointment of teachers and other academic staff working in any University or organisation for a specified period to undertake a joint project; (h) the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action; (i) the principle governing the seniority of service of employees; (j) the procedure for arbitration in cases of disputes; (k) the procedure for appeal to the Executiv e Council by any employee or student against the action of any officer or authority of University; (1) the establishment of Centres of studies, Board of studies, Special centres, Specialized Laboratories and other centres; (m) the establishment and recognition of Students Council or other associations of teachers, academic staff or other employees; (n) participation of the students in the affairs of the University; (o) the withdrawal of degrees, diplomas, certificates, and other academic distinctions; (p) the institution of fellowships, scholarships, studentships medals and prizes; (q) the maintenance of discipline amongst students; (r) the extent of autonomy which a Department, college or institution may have and the matters in relation to which such autonomy may be exercised; (s) the delegation of powers vested in the authorities or officers of the University; and (t) all other matters which by this Act are to be, or may be, provided by the Statutes. 23. Statutes how made.— (1) The first Statutes are those set out in the Schedule. (1) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1): Provided that the Executive Council shall not make, amend or repeal any Statute affecting the status, powers or co nstitution of any authority of the University until such - 10 - authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Council. (2) Every new Statute or ad dition to the Statutes or any amendment or repeal of a Statute shall require the approval of the 55[Chancellor] who may assent thereto or withhold assent or remit the same to the Executive Council for consideration. (3) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the 56[Chancellor]. (4) Notwithstanding anything contained in the foregoing sub-sections, the 57[Chancellor] may make new or additional Statutes or amend or repeal the Statutes referred to in sub-section (1) during the period of three years immediately after the commencement of this Act: Provided that the 58[Chancellor] may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed Statutes as he may consider necessary and such detailed Statutes shall be laid before the Legislative Assembly. 24. Ordinances.— (1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:— (a) the admission of students to the University and their enrolment as such; (b) the courses of study to be laid down for all degrees, diplomas and certificates of the University; (c) the medium of instruction and examinations; (d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same; (e) the fees to be charged or courses of study in the University and for admission t o the examinations, degrees and diplomas of the University; (f) the conditions of award of fellowships, scholarships, studentships, medals and prizes; (g) the conduct of examinations, including the term of office and appointment and the duties of examining bodies, examiners and moderators; (h) the conditions of residence of the students of the University; (i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them; (j) the appointment and emolument of employees other than those for whom provision has been made in the Statutes; (k) the manner of co-operation, collaboration or association with other Universities or authorities; (1) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University; (m) such other terms and conditions of service of teachers and other academic staff as are not prescribed by the Statutes; (n) the management of colleges and institutions established by the University; (o) the supervision and management of colleges and institutions admitted to the privileges of the University; and (p) all other matters which by this Act or the Statutes may be provided for by the - 11 - Ordinances. (2) The first Ordinances shall be made by the Vice -Chancellor with the previous approval of the Government and the Ordinances so made may be amended or repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes. 25. Regulations.— The authorities of the University may make Regulations consistent with this Act, the Statutes and the Ordinances for the conduct of their own business and that of the Committees appointed by them and not provided for by this Act, the Statutes or the Ordinances in the manner prescribed by the Statutes. 59[25A. Prior approval of the Government on certain proposals of the University.— (1) Notwithstanding anything contained in any other provisions of this Act, the University shall, from time to time, obtain approvals of the Government on such proposals of the University each one of which exceeds the amount prescribed by the Government for this purpose and are to be executed by charging on the grants sanctioned by the Government to the University. (2) The Governme nt may call upon the University to furnish details and records of expenditure incurred or proposed to be incurred by it out of the grants granted by the Government and the University shall thereupon submit the said details and records to the Government within the time specified thereof. (3) In order to regulate and control the expenses made out of the amounts sanctioned by the Government, the Government may approve or reject the proposals submitted by the University in terms of sub -section (1) above, or give such directions thereon to the University, as it may deem fit. The University shall follow such directions within the time, if any, specified thereof, by the Government. (4) For the purposes of this section the Government may prescribe procedure to be followed and terms and conditions for appointment of a Government Officer, if any, to look after these matters, as it may deem fit. 25B. Power to make Rules.— The Government, after consultation with the University, may, by notification in the Official Gazette, make rules to carry out the purposes of this Act, in particular the provisions at section 25A: Provided that, consultation with the University shall not be necessary on the first occasion of making of rules under this section, but the Government shall take into consideration any suggestions with the University may make in relation to the amendment of such rules after they are made.] 26. Annual Report.— (1) The annual report of the University shall be prepared under the directions of the Executive Council and shall be submitted to the 60[Court] on or before such date as may be prescribed by the Statutes and shall be considered by the 61[Court] at its annual meeting. (2) The 62[Court] may pass resolution thereon and communicate the same to the Executive Council which shall consider and take such action thereon as it thinks fit; and the Executive Council shall then inform the 63[Court] at its next meeting of the action taken by it or of its reasons for taking no action on such resolutions, if any. (3) The 64[Court] shall submit the annual report to the 65[Chancellor] along with its comments, if any. (4) A copy of annual report as submitted to the 66[Chancellor] shall also be submitted to the Government, which shall, as soon as may be, cause the same to be laid befo re the Legislative Assembly. - 12 - 27. Annual Accounts.— (1) The annual accounts and balance -sheet of the University shall be prepared under the directions of the Executive Council and shall once at least every year and at intervals of not more than fifteen months be audited by the Comptroller and Auditor General of India. (2) The annual accounts when audited shall be published in the Official Gazette and a copy of the Accounts together with the report of the Comptroller and Auditor General shall be submitted to the 67[Court] and the 68[Chancellor] alongwith the observations of the Executive Council. 69[(3) Any observations made by the 70[Chancellor] on the annual account shall be considered by the Executive Council and its explanation/clarification thereon shall be submitted to the 71[Chancellor].] (4) A copy of the accounts together with the report of the Comptroller and Auditor- -General of India, as submitted to the 72[Chancellor], shall also be submitted to the Government which shall, as soon as may be, cause the same to be laid before the Legislative Assembly. 28. Conditions of service of employees. — (1) Every employee of the University shall be appointed under a written contract which shall be lodged with the University and a copy of which shall be furnished to the employee concerned. (2) Any dispute arising out of a contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member nominated by the employee concerned, a representative of the Executive Council and an umpire appointed by the 73[Chancellor]. (3) The decision of the Tribunal shall be final, and no suit shall lie in any civil court in respect of the matters decided by the Tribunal. (4) Every such request shall be deemed to be a submission to arbitration upon the terms of this section, within the meaning of the Arbitration Act, 1940. Central Act 10 of 1940. 29. Procedure of appeal and arbitration in disciplinary cases against students.— (1) Any student or candidate for an examination whose name has been removed from the rolls of the University by the orders of the Vice -Chancellor, or by a resolution of the Discipline Committee or Examination Committee, as the case may be, appointed by the Academic Council in this behalf and who has been debarred from appearing at the examinations of the University for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the Executive Council and the Executive Council may confirm, modify or reverse the decision of the Vice- Chancellor or the Committee, as the case may be. (2) Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub -sections (2) to (4) of section 28 shall, as far as may be, apply to a reference made under this sub-section. 30. Right to Appeal.— Every employee or student of the University or of a college or institution shall, notwithstanding anything contained in this Act, have a right to appeal, within such time as may be prescribed by the Statutes, to the Executive Council against the decision of any officer or authority of the University or of the Principal of any col lege or institution, as the case may be, and thereupon the Executive Council may confirm, modify or reverse the decision appealed against. - 13 - 31. Pension or provident funds.— (1) The University shall constitute for the benefit of its employees such pension or pro vident fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes. (2) Where such pension or provident fund or insurance scheme has been - 14 - so constituted, the Government may declare that the provisions of the Provident Funds Act, 1925, shall apply to such fund, as if it were a Government provident fund. Central Act 1 of 1972. 32. Disputes as to constitution of University authorities and bodies.— if any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the 74 [Chancellor] whose decision thereon shall be final. 33. Filling of casual vacancies.— All casual vacancies among the members (other than ex-officio members) of any authority or other body of the University shall be filled, as soon as conveniently may be, by the person or body who is appointed, elected or co- -opted the member whose place has become vacant and the person appointed, to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member. 34. Proceedings of University authorities or bodies not invalidated by vacancies.— No act or proceedings of any authority or other body of the University shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members. 35. Protection of action taken in good faith.— No suit or other legal proceeding shall lie against any officer or employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or the Ordinances. 36. Mode of proof of University record.— A copy of any receipt, application, notice, order, proceeding or resolution of any authority or Committee of the University, or other documents in the possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding or resolution, documents or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the Indian Evidence Act, 1872 or in any other law for the time being in force. Central Act 1 of 1972. 37. Power to remove difficulties. — If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act. 38. Transitional provisions.— Notwithstanding anything contained in this Act and the Statutes— (a) the first Chancellor and the first Vice-Chancellor shall be appointed by the 75[Chancellor] and each of the said officers shall hold office for a term of five years; (b) the first Registrar and the first Finance Officer shall be appointed by the 76[Chancellor] and each of the said officers shall hold office for a term of three years; (c) the first 77[Court] and the first Executive Council shall consist of not more than thirty members and eleven members respectively, who shall be nominated by the 78 - 15 - [Chancellor] and shall hold office for a term of three years; (d) the first Academic Council shall consist of not more than twenty -one members, who shall be nominated by the 79 [Chancellor] and shall hold office for a term of three years: Provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the 80 [Chancellor], and the person so appointed or nominated shall hold office for so long as the office or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred. 39. 81[Completion of courses of study in Colleges or institutions affiliated to the University of Bombay or South Gujarat. — Notwithstanding anything contained in this Act, or the Statutes, Ordinances and Regulations, any student of a college or institution situated within the 82[State of Goa] and affiliated to the University of Bombay or South Gujarat University who immediately before the date of commencement of this Act was studying or was eligible for any examination of the University of Bombay or South Gujarat University, shall be permitted to complete his course in preparation therefor, and the University shall provide for such period and in such manner as it may decide for the instruction, teaching and training of such student in accordance with the courses of studies of the University of Bombay or South Gujarat University and such student shall be permitted to appear at the different examinations held by the University of Bombay or South Gujarat University for such period or periods, as the appropriate University may decide, and be eligible to receive the degree, diploma, certificat e or any other distinction of the University of Bombay or South Gujarat University.] 83[39A. Taking over of charge of Centre for Post-graduate Instruction and Research.— (1) From such date as may be fixed by the University in consultation with the University of Bombay, the University shall take over charge of the Centre for Post- -graduate Instruction and Research operating in Goa and all rights, interests, titles and liabilities vested in that Centre immediately before that date, shall vest in the University. (2) The University may, as and when it deems fit, declare that the Centre taken over by it under sub-section (1) shall be closed with effect from such date as may be specified in the declaration and that Centre shall be deemed to be closed accordingly: Provided that any student who was studying in that Centre immediately before that date, shall be permitted to complete his course of study and the University shall provide him instructions, teaching and training for a period of five years fro m that date and such student shall be eligible to take such examination: Provided further that any other student who was eligible for any examination of the University of Bombay immediately before that date may take such examination.] THE SCHEDULE [See section 23(1)] The Statutes of the University 1. The Vice-Chancellor.— (1) The Vice-Chancellor shall be a whole-time salaried officer of the University. (2) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office: Provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor is appointed and enters upon his office: - 16 - Provided further that the 84[Chancellor] may direct that a Vice -Chancellor, whose term of office has expired, shall continue in office for such period, not exceeding a total period of one year, as may be specified in the direction. (3) Notwithstanding anything contained in clause (2), a person appointed as Vice -Chancellor shall, if attains the age of sixty-five years during the term of his office or any extension thereof retire from office. (4) The emoluments and other terms and conditions of service of the Vice-Chancellor shall be as follows:— (i) there shall be paid to the Vice -Chancellor a salary of rupees three thousand per mensem and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the Vice -Chancellor personally in respect of the maintenance of such residence; (ii) the Vice-Chancellor shall be entitled to such benefits and allowances as may be fixed by the Executive Council with the approval of the 85 [Chancellor] from time to time: Provided that where an employee of — (a) the University, college or institution; or (b) any other University, college or institution maintained by, or affiliated to, that University; is appointed as Vice-Chancellor, he shall be allowed to continue to contribute to the provident fund to which he is a subscriber and the contribution of the University shall be limited to what he had been contributing immediately before his appointment as Vice-Chancellor. (iii) the Vice-Chancellor shall be entitled to travelling allowances at such rates as may be fixed by the Executive Council; (iv) the Vice-Chancellor shall be entitled to leave on full pay for o
Excerpt shown. Open the full act in Lexace.