The SRI SRI UNIVERSITY ACT, 2009

title.
95
•THE SRI UNIVERSITY ACT, 2009
I Received the assentot the Governoron the st December, 2009
first publistied in an extraordinary Issue ot the Orissa Gazette.
dated the 26th December, 2009 (No.' 866)
AN ACT TO PROVIDE FOR ESTABLISHMENT OF THE SRI SRI
UNIVERSITY IN ORISSA BY LAW AND TO CONFER
THE STATUS OF A UNIVERSITY THEREON AND
FOR MATTERS CONNECTED THEREWITH
OR INCIDENTAL THERETO.
BE it enactedbytheLegislature01theStateofOrissain
the Sixtieth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. This Act may be called the Sri Sri University Act, 2009.
2. jn this Act. unless the context otherwise requires. —
(a) "Academic Council- means the Academic Council of
the University constituted under section 15;
(b) *Board" means the Board of Governors of the
university constituted under section 12;
(c) *Deane means the Deansof the University appointed
under section 22;
(d) *Executive Registrar means Executive Registrar of
the University appointed under section 21;
(e) *Finance Committee" means Finance Committee of
the University constituted under section 17:
(0 *Founder Trustee* means the Founder Trustee of the
Trust;
(g) •prescribed" means prescribed by the Regulations;
• (For the Bill. SeeOrissa Gazette,Extraordinarydated the 25th July,
(h) "President" means the President of the University
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(i)
(j)
(I)
96
appointed under section 9 and includes the
Designated President;
*Regulations"meansRegulationsof the Universitymade under section 32;
"Sponsoring Body" means the Trust ;
"Trust"meansSri Sri RavishankarVidya MandirTrust
registeredunder the IndianTrustAct. 1882;
"University-meansSri Sri Universityt
U.G.C.-meansUniversityGrantsCommission;and
(n) "Vice-Chancellormeansthe Vice-Chancellorof the
University appointed under section 19.
CHAPTER - II
THE UNIVERSITY
3. AfterthecommencementofthisAct,theTrustshallsetup
an Endowment Fund of Rupees Five crores.Endowment
4. (1)Thereshallbeestablisheda UnitarySelf-Financing
UniversitybythenameofSriSriUniversityaftertheEndowmentFundis
mentand setupwhichshallbenotifiedbytheGovemmentintheOfficialGazette:
tion of th0
PpvidedthatnonotificationshallbemadeunlessaHighUniversity.
Power Committee constituted by the Government certifies to the
Governmentthatlandforthe establishmentof theUniversityis
availableandall necessaryinfrastructureincludingbuildings.
equipments.teaching staffs etc. are in place and that the IJ.G-C.
(EstablishmentandMaintenanceofStandardsonPrivateUniversity)
Regulations.2003.havebeenfullycompliedwithbytheUniversity.
(2) ThemaincampusoftheUniversityshallbeatNaraj
intheDistrictofCuttackandOff'campuses,maybeanywhereinside
the State,with the approvalof the Boardand in accordancewith the
minimumcriteria in terms of programmeswfaculty. infrastructural
facilities,financialviability.etc.,aslaiddown,fromtimetotime,by
the U.GCVand other concerned statutory bodies such as the
IndiaCouncilfor TechnicalEducation(AICTE)$the BarCouncilof
the
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1882,
97
India (BCI), the Distance Education Council (DEC). the Dental
Council of India (DCI), the Indian Nursing Council (INC), the Medical
Council of India (MCI).thg National Council for Teacher Education
(NCTE) and the Pharmacy Council of India etc..
(3) The University shall be a body corporate by the name
aforesaid/ having perpetual succession and common seal. with
power, subject to the provisions of this Act, to acquire and hold
property,to contract and shall. by the same name. sue and be sued.
(4) In all suits and other legal proceedings by or against
the University. the pleadings shall be signed and verified by the
Executive Registrar and all processes in such suits and proceedings
shall be issued to. and serviced on, the Executive Registrar
(5) The Universityshallbe locatedat •Naraj•in thedistrict
of Cuttack with its administrative office at Bhubaneswar.
5. (f) The Boardshall take immediatenecessarystepsfor
upof arrangement of all necessary infrastructure including land as per
the laws in force in the State of Orissa. buildings, equipments and
teaching staff etc. for smooth functioning of the University.
(2) The land, building and other properties acquired for
the purpose of University shall not be used for any purpose other
than that for which the same is acquired.
6. The Objects of the University shall be:—
(i) to develop the knowledge in the field of arts, culture,
commerce. science, medicine, technology,
humanities and in other fields for the advancement
of mankind;
to disseminate. create and preserve knowledge and
understanding by teaching, research, training and
extension activities by effective demonstration end
influence of its corporate life on society in general;
(iii) to create centres of excellence for providing
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knowledge. education,training and research facilities
of high order in the fields of science, technical and
other related professional education as per its current
Status and such other means as may develop in future,
including continuing education;
(iv) to develop patterns of teaching at Certificate ot
Diploma or undergraduate or Post-graduate and
Doctoral level and to maintain a high standard of
education and its applications;
(v) to create capability for upgrading science and
technology infrastructure to the global standards;
(VI) to develop training facilities in higher education
including professional education and allied fieids;
(vi) toprovidefor inter-relationshipsfornationalandglobal
participation in the field Of art. culture, commerce.
science, medicine, technology. humanities and in
other fields;
(viiOto function as a teaming resource centre:
(ix) to provide for arrangement for national and global
participation in the fields of higher and professional
education including technical education; and
(x) to establish close linkage with industry to make
teaching, research and training at the University
relevant to the needs of the economy. at national and
global level and to provide consultation and research
backup to industry and be compensated for it.
7. No person shall be excluded from any office of the
UniversityUniversity or from membership of any of its authorities or from
open to all admission to any degreet diploma or other academic distinction orirrespective
01 course of study on the sole ground of sex, race, creed, caste, class.toiigi00,
elas$.creedplace of birth, religious belief or political or other opinion.
or opinion,
8. Subject to the provisions of this Act and in conformity
Powersandwith U.G.C. norms. the University shall exercise the followingFuneuons
ofthe , powers end perform the following functions, namely:—
University..
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(iii)
(v)
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Administer and manage the University and such
centres for research, education and instruction as are
necessary for the furtherance of the objects of the
University;
Provide for instruction, training and research in such
branches of knowledge or learning pertaining to arts.
culture. commerce, science. medicine, technology.
humanities and other fields and for their advancement
and dissemination;
Conduct innovative experiments in new methods and
technologies in all fields of knowledge of arts.
commerce and science and technology. in order to
achieve international standards of such education,
training and research;
Prescribe courses and curricula and provide for
flexibility in the education system and delivery
methodologies including electronic and distance
learning:
Hold examinations through all modes including
electronic mode and confer degrees. diplomas or
grant certificates and other academic distinctions or
titles on persons subject to such conditions as the
University may determine and withdraw or cancel any
such degrees. diplomas, certificates or other
academic distinctions or titles in the manner
prescribed by the Regulations:
Confer hohorary degrees or other distinctions in the
manner prescribed by the Regulations;
(vil) Establish Off-campus Centres or Study Centres as
are, in the opinion of the University, necessary for the
furtherance of its objects;
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too
(viii) Providefor printing,reproductionandpublicationof
(ix)
(xi)
(xii)
(xiii)
(xjv)
research and other works and organise exhibitions
and charge royaltyor fee on such publications and
exh ibition;
Sponsorandundertakeresearchinall aspectsof arts,
culture.commerce,science,technology.humanities
and other fields;
Collaborate or associate with advise, administer.
control develop, maintain or take over by way of
merger or otherwise. any educational institution with
like or similar objects;
Develop and maintain linkages with educational or
Otherinstitutionsin anypartof theworld havingobjects
whollyor partiallysimilarto thoseof the University
through exchange of teachers, scholars and students
generally in such manner as may be conducive to
their coinmon objects;
Develop and maintain relationship with teachers,
researchers, and domain experts in the fields of arts,
culturq commerce.science,medicine,technology.
humanitiesand other fields in any part Ofthe world
for achievingthe objectsof the Universityf
Regulatethe expenditureand manage the finances
and maintainaccountsof the University,
Receive fundsfrom industry.national and international
organizationsor any other sourcesas gifts, donations,
benefactions, bequests, loans and by transfers of
movableand immovableproperties,for the purposes
and objects of the University;
Establish. maintain and manage halls and hostels for
the residence Of students and staff;
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(xvi) Superviseandcontroltheresidenceandregulatethe
discipline of students of the University and make
arrangementsfor promotingtheir health and general
welfare and cultural activities;
(xvii) Fix, demandand receiveor recoverfees and such
other charges as may be prescribed by the,
Regulations;
(xvii0 Instituteand awardfellowships,scholarships.prizes.
medals and other awards;
(xix) Purchase or •takeon •easeor accept as gifts or
otherwiseany landor buildingor workswhich maybe
necessary Or convenient for the purpose of the
Universityandon suchtermsandconditionsas it may
think fit and proper and to construct or alter and
maintain any such buildings or works;
(xx) Sell.exchange.leaseocotherwisedisposeof all or
anyportionof thepropertiesof theUniversity.movable
or immovable. on such terms as it may think fit and
consistent with the interesti activities and objects of
the University:
Provided that no portion Of the land leased out
by the State Government shall be put to Sale,
exchange,lease or be otherwisetransferredwithout
prior approval of the State Govemment.
(xxj) Drawandaccept,makeandendorse.discountand
negotiate.Governmentof India and other promissory
notes, bills of exchange, cheques or other negotiable
in struments;
(xxii) Raise and borrow money on bonds, mortgages.
promissorynotesor other obligationsor securities
founded or basedupon afl or any of the properties
and assets Ofthe University or without any securities
and uponsuchtermsand conditionsas it maythink
fit and to payout of the fundsof the University,all
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102
expenses incidentalto the raising of money,and to
repay and redeem any money borrowed:
Provided that no portion Of the land leased out
by the StateGovernmentshallbe mortgagedwithout
prior approval of the State Government.
(xxiii) Investthe fundsof the Universityin or upon such
securities and transpose any investment from time
to time in such manner as it may deem fit;
(xxiv) Executeconveyanceregardingtransfers,mortgages.
(xxv)
(xxvi)
leases,licenses,agreementsand otherconveyances
in respect of property, movable or immovable
including Government securities belonging to the
University or to be acquired for the purpose of the
University:
Provided that no execution of conveyance be
made in respect of the tand leased Out by the State
Government without prior approval of the State
Government
Admitthe studentsfor the coursesofferedby the
University in the manner prescribed by the
Regulations:
Create academic, technical. administrative. ministerial
and other posts and.to make appointments
of the
(xxvii)Regulate and enforce discipline among the
employees of the University and to provide for such
disciplinary measuresas may be prescribed by the
Regulations;
(xxviii)lnstitute professorships, associate professorships,
assistant professorships.readerships,lectureships
and any other teaching,academicor researchposts
and to prescribe qualifications for them and to
prescribe the remunerations;
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103
(xxix) Appoint persons as professors. associate professors.
assistant professors. readers, lecturers or otherwise
as teachers and researchers of the University and to
(XXX)
(xxxi)
prescribe the•remunerations;
Do all such other acts and things as the University
may consider necessary. conducive or incidental to
the attainment or enlargement of all or any of the
objects of the University;
Follow the Universities Grants Commission Act.1956
and the Rules and Regulations. framed thereunder
particularly the U.G.C. (Establishment of and
Maintenance of Standards in Private Universities)
Regulations. 2003 as amended from time to time while
achieving objectives:
(xxxii) The admission procedureand fixation of fees shao
be in accordance with the norms/guidel ines prescribed
by the U.GC. of other concerned statutory bodies,
CHAPTER -Ill
AUTHORITIES AND OFFICERS OF THE UNIVERSITY
9. (t) The Founder-TrusteeoftheTrust shallbe the President
of the University for life and he may at his pleasure designate by
order in writing, any other person to act as the President of the
University,for such periodas he mayspecify,who may be called the
Designated President
Providedthatafterthelifetimeof the Founder-Trusteeand
in the absenceof or on expiryof thetenureof the DesignatedPresident
the Trust shall nominate one of the trustees to be the President.
(2) The PresidentshallChairall meetingsof the BoardOf
Governors.
(3) The Presidentshall presideover the Convocationof
the University.
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104
(4) The Presidentshallexercisesuchother powersand
performsuchotherdutiesas maybeassignedto himby thisActor
the Regulations.
10.ThefollowingshallbetheAuthoritiesof the University.AutrtOtitiGS
of the
University.
Officers
Of the
University.
Boatd Of
Go
namely:—
11.
namely : —
(a)
(b)
(c)
(d)
(e)
the Board;
the President;
the Academic Council;
the Finance Committee; and
such otherauthoritiesas may be declaredby the
Regulationstobe theAuthoritiesoftheUniversity.
The followingshall be the Officersor the University.
powørg
Funetjc(a)
(b)
(c)
(d)
(e)
the President;
the Vice-Chancellor;
the Deans;
the Executive Registrar; and
such other personsas may be declaredby the
Regulationsto be Qfficers of the University.
12.'(1) The Boardof Governorsof theUniversityshallconsist
of the foljowing members.namely:
(O The President shall be the Chairman of the Board;
(iO The Trustees of the Trust;
(iii) Two persons to be nominated by the Trust;
(iv) The Vice-Chancellorof the University:
(v) Two Deans of the University, by rotation. to be
nominated by the Vice-Chancellor;
(W) Secretary to Government in the Department of
Higher Education shall be the ex officio member ;
(vi')Three expertacademiciansto be nominatedby the
President in consultation with the Trust;
1
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sand
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(V/ii) Three experts in the field of finance. law.
management, humanities or in other fields to be
nominated by the President in consultation with
the Trust,
(ix) Two representatives from any company,
corporation, or Public Sector Undertaking under
the control of Government to be nominated by the
President in consultation with the Trust; and
(x) Two members of the Orissa Legislative Assembly
to be nominated by the Speaker.
(2) The Executive Registrar shall be the non-member
Secretary of the Board.
13.(1) Subject to the provisions of this Act, the Board shall be
responsible for the general superintendence, direction and control
of the affairs of the University and shall exercise all the powers of
the University. and shall have the power to review the acts of the
Academic Council and the Finance Committee.
(2) Without prejudice to the provisions of sub-section
the Board shall have the following powers and functions, namely : —
(i) Take decision on all questions of policy relating to
the administration and working of the University:
(ii) Institute courses of study at tha University;
(iii) Make Regulations;
(iv) Consider and approve the annual report and the
annual accounts of the I-Jniversity for every financial
year,
(v) invest monies and funds of the University and take
decisions on the recommendations of the Finance
Committee;
(vi) Publish or finance the publication of studies,
treatisesf books. periodicals, reports and other
literature and to sell or arrange for the sales as it
may deem fit from time to time;
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Term Of
Office and
106
(vii) Create or abolish posts of teachers and other
employees of the University and fix their
remunerations:
(viii) Appoint such committees as it considers
necessary for the exercise of its powers and the
performance of its duties under this Act; and
(ix) Exercise such other powers and perform such
other functions as may be conferred or imposed
upon it by this Act or Regulations and an such
other powers for achieving the objects of the
University.
(3) The Board shall, with necessary documentations,
apprise the Trust of all resolutions and decisions it passes, from
time to time.
(4) The Board may delegate any of its powers to the
President,Vice-ChancellorsDeans, Executive Registrar.or any other
officer. employee or authority Of the University or to a committee
appointed by it.
14. Save as otherwise provided in this section, the terms
emic
cil,
Counci
Of nominated members of the Board shall be three years from the
among date Of nomination.
the Board.
(2) Any vacancy in the Board in respect of a nominated
member occurring before the expiry of the prescribed period shall
be filled up by nomination of another person by the President from
the same category in which the vacancy occurs excepting nomination
to be made by the Speaker, Orissa Legislative Assembly.
(3) A member nominated under sub-section (2) shall
continue for the remainder of the term of a member in whose place
he is nominated.
(4) A member may resign his office by writing under his
hand addressed to the President but he shall continue in office until
his resignation has been accepted by the President.
(5)An outgoing member shall be eligible for re-nominatiom
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107
f5. (t) The Academic Council of the University shall consist
of the following members. namely:
(O The Vice-Chancellor of the University who shall
be the ex•officio Chairman of the Academic
Council:
(ii) Two academicians or professionals to be
nominated by the Board:
(iii) Two external academicians or professionals in the
areas of commerce and of science and
technology or other fields. to be nominated by
Vice- Chancellor;
(iv) Two Deans of the University. by rotation, to be
nominated by the Vice-Chancellor: and
(v) One Professor from each discipline of the
University. by rotation. to be nominated by the
Vice-Chancellor.
(2) The Executive Registrar shall be the non.member
Secretary of the Council.
(3) An outgoing member shall be eligible for re-
nomination.
(4) The term of office of the members other than the
ex•offic/o member shall be three years.
16, Subject to the provisions of the Arn and the Regulations,
the Academic Council of the University shall have the following
powers. namely —
(0 Exercise control and general regulation over the
academic policies of the University and be
responsible for the maintenance and improvement
of standards of instruction. education and evaluation
in the University;
(ii) Consider mattersof generalacademicinterest either
on its own initiative or on a reference from the
Faculty of the University or the Board and to take
appropriate action thereona;
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(iii)
168
Recommend to the Board such Regulations as are
consistent with this Act regarding the academic
functioning of the University including discipline
of students;
Exercise such other powers and perform such
other duties as may be conferred or imposed upon
it by the Regulations.
Committee.
Power. and
Funchons ot
the Finance
Cornmdtee.
17. (1) The FinanceCommitteeshall consist of the following
members, namely:
(0 the Vice-Chancellor of the University shall be the
ex-officio Chairman of the Committee:
(iO one member of the Board to be nominated by the
President;
one representative of the Trust;
(ivo one Dean of the University, by rotation, to be
nominated by the Vice-Chancellor and
(v) one expert in the field of Finance to be nominated
by the President.
(2) The Executive Registrar shall be the non-member
Secretary of the Committee.
(3) An outgoing member shall be eligible for re-nomination
for the next termi
(4) The term of office of a member other than the ex officio
membershall be thrée years.
18.Subject to the other provisions of this Act, the Finance
Committee shalt exercise the powers and perform the functions
mentioned below, namely:
(0 Examine the annual accounts and annual budget
estimates of the University and advise the Board
thereon;
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(iif)
Review the financial position of the University from
time to time;
Make recommendations to the Board on all financial
policy matters of the University:
Make recommendations to the Board on all proposals
involvft•tg raising of funds. receipts and expenditure;
Provide guidelines for investments of surplus funds:
Make recommendations to the aoard on all proposals
involving expenditure for which no provision has been
made in the budget or for which expenditure in excess
of the amount provided in the budget has been Of has
to be incurred;
(vii) Examine all ptoposels relating to revision of scales,
upgradation of scales and those items which are not
included in the budget. before they are placed before
the Board ; and
(viii) Exercise such other powers and perform such other
functions as may be conferred or imposed upon it by
the Regulationsv
19.(1) The Vice-Chancellor shall be appointed by the Board
out of a panel of names recommended from time to time by a
Committee consisting of the following members, namely: —
(i) an eminent person to be nominated by the
President:
(if) an eminent educationist to be nominated by the
President; and
(iii) one member of the Board to be nominated by the
President.
(2) The President shall designate one member as the
Chairman of the Committee.
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Powots and
d'UtiQS
(3) The terms of office of the Vice-Chancellor shall be
determined by the Board fora period but not exceeding five years.
(4) Notwithstanding anything contained in sub-section (f),
the Vice-Chancellor of the University holding the office at the
commencement of this Act, shall be deemedto have been appointed
as the first Vice- Chancellor.
(5) Where a vacancy in the office of Vice-Chancelloroccurs
and it can not be conveniently and expeditiously filled up in
accordance with the provisions of sub-section (1) and if there is any
emergency the President, in consultation with the Board, may appoint
any suitable person to be the Vice-Chancellor and from time to
time. extend the term for a period not exceeding one year,
(6) The conditions of service of the Vice-Chancellor,
including salary, allowancesr leave, pension and provident fund shall
be such as may be prescribed by the Board and until so prescribed.
shall be determined by the President
20, (1) The Vice-Chancellor shall be the Chief Executive and
Academic Officer of the University and shall preside over the
Chanc000rv
meetings of the Academic Countil and Finance Committee.
u2) Without prejudice to the generality of the provision
contained in sub-section (1 the Vice-Chancellor shall
(iii)
exercise general supervision and control over the
affairs of the University;
ensure implementation of the decisions of the
Authorities of the University ;
be responsible for imparting instruction and
maintenance of discipline in the University; and
exercise such other powers and perform such
other duties as may be assigned to him under
this Act or the Regulations or as may be
delegated to hlrn by the Board or the President,
as the case may be.
(3) Where any matter is of urgent nature requiring
immediate action and the same cannot be immediately dealt with by
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oeuuva
'0isvat.
the President or an Authority or a body of the University empowered
under this Act to deal with it. the Vice-Chancellor may take such action
as he may deem fit and he shall forthwith report the action taken by
him to the President or Authority or body of the University who or
which. in the ordinary course. would have dealt with the matter :
Provided that if such Aauthority or body is of the opinion
that such action ought not have been taken by the Vice-Chancellor.
it may refer the matter to the President who may either confirm the
action taken by the Vice-Chancellor or annul the same or modify it
in such manner as he thinks fit. and thereupon jt shall cease to
have effect or as the case may be, shall take effect in such modified
form, in as much as that such modification or annulment shall be
without prejudice to the validity of anything previously done by or
under the orders of the Vice-Chancellor.
(4) Where the exercise of the power by the Vice-
Chancellor under sub-section (3) involves the appointment of any
person, such appointment shall be confirmed by the competent
authority empowered to approve such appointment. in accordance
with the provisions of this Act and the Regulations. not later than
six months from the date of order of the Vice-Chancellon otherwise
the same shall cease to have éffect on the expiration of a period of
six months from the date of order of the Vice- Chancellor.
21. (1) The Executive Registrar shall be appointed in such
manner and on such terms and conditions as may be prescribed by
the Regulations.
(2) The Executive Registrar shall exercise the powers
and perform the duties as mentioned below. namely: —
(i) He shall be responsible for the custody of records.
common seal. the funds of the University and all
other property of the University;
(iO He shall place before the Board and other
authorities of the University, all such information
as may be necessary for transaction of its
business:
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(iii)
(v)
112
He shall be responsible to the Vice-Chanceilor
for the proper discharge of his functions;
He shall. subject to the control of the Vice-
Chancellor, be responsible far the
administration and services of the University
and conduct the examinations and make all
other arrangements necessary therefor and be
responsible for the execution of all processes
connected therewith;
He shall attest and execute all documents on
behalf of the University : and
He shall exercise such other powers and
perform such other duties as may be assigned
to him under this Act or the Regulations or as
may be delegated to him by the Board or the
Vice-Chanceltor,
to
uni
The Deans.
Pormanent
Endowment
22. (1) The Deans of the University shall be appointed by the
Vice-Chancellor. with the approval of President acting as Chairman
of the Board, from amongst the Faculty of the University as prescribed
by the Regulations.
(2) The Deans shall assist the Vice-Chancellor in
managing the academic and other affairs of the University and shall
exercise such powers. and perform such functions as may be
prescribed by the Regulations or be entrusted to them by the Vice-
Chancellor.
CHAPTER —
MISCELLANEOUS PROVISIONS
23, (f) The Trust shall place funds at the disposal of the
University to be called the Permanent Endowment Fund of a sum of
rupees Five Crore, in long term interest bearing securities issued or
guaranteed by the State Government. On the termination of the
involvement of the Trust and after meeting the operational
expenditure for the next three years. out of the Permanent
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Payment
university,
Fundi
the
1.16ivgtSity,
113
Endowment Fund, if there is any unused balance that shall be paid
back to the Trust.
(2) The Endowment shall be used as security deposit to
ensue that the University complies with the provisions of the Act
and functions as pet the provisionsoftheAct and Regulationsmade
thereunder,
(3) Income from Endowment Fund may be utilized for
development of infrastracture of the University and to meat the
recurring expenditure of the University
24. The Trust may pay to the Universityv from time to time,
such sums of money and in such manner as may be considered
necessary for the exercise of its powers and discharge of its
functions under this Act.
25. ( t) The University shall have its own funds consisting of—
(iv)
all monies provided by the Trust;
all fees and other Fharges received by the
University;
all monies received by the University by way
of grants, loans. gifts, donations, benefaction,
bequests or transfers;
all monies received by the University from
collaborating with industry in terms of the
provisions of the Memorandum of
Understanding between the University and
'the Industry.for establishmentof sponsored
chairs. fenowships and infrastructure facilities
of the University: and
all monies received by the University in any
other manner or from any other source.
(2) All funds of the Universityshall be depositedin such
banks or invested in such manner as the Board may decide on
recommendation of the Finance Committee,
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Accounts
and Audit,
(3) The funds of the University shall be applied towards
the expenses of the University including expenses incurred in the
exercise of its powers and discharge of its functions.
(dj There shall be provisions formulated by the Board for
reimbursement to the Trust of funds provided by the Trust to the
University in order to enable the Trust to carry out its activities.
26.(1) The University shall maintain proper accounts and
other records, end prepare an annual statement of accounts.
including the income and expenditure account and the balance sheet,
in such form and in such manner as may be prescribed by the
Regulations.
(2) The University shall adopta proper system of internal
checks and balances and controls in the discharge of its finance,
accounting and auditing functions as may be prescribed by the
Regulations.
(3) The Accounts of the University shall be audited not
less than once a year by a Statutory Auditor who shall be a
Chartered Accountant or a firm of Chartered Accountants as
defined in the Chartered Accountants Act, 1949, who shall be
appointed by the Board,
(4) The Accounts of the University certified by the person
or firm so appointed or any other person authorized in this behalf.
together with the audit report thereon. shall beiplaced before the
Board and the Board may issue such instructions to the University in
respect thereof as it deems fit and the University shall comply wi*l
such instructions.
(5) The Accounts of the University shali be audited by an
internal auditor who shall be a Chartered Accountant or a firm of
Chartered Accountants appointed by the Board. to ensure audit of
all books of accounts, and such periodic internal audit reports shall
be placed before the Board for review.
in
by
of
in
on dit
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115
(6) The University shall prepare each year a report of its
activities during the previous year and submit it in the form of an
annual report to the Board for review and approval.
(7) The Board, after due review and approval, shan submit
a copy of the Annual Report to the Trust.
27.(1) The University shall. with the approval of the Board,s•on and
vidoni
constitute for the benefit of its officers,teachersandother employees.
in such manner and subject to such conditions, as may be prescribed
by the Regulations. such schemes of pensions provident funds and
insurance as it may deem fitt and also aid in establishment and
support of the associations, institutionst funds. trusts and conveyance
calculated to benefit the staff and the students of the University.
(2) Where any such provident*fund has been so
constitutecL the provisions of the Provident Fund Act. 1925, shall
apply to such funds as if it were a Government Provident Fund.
i90f 1926.
15 and
toceadings
28. No act or proceedings of the Board or any authority of the
University or any committee constituted undet this Act or by therealidated
Regulatbonsshall be questioned on the ground merely ofthe existencevacan-
of any vacancy in or defect in the constitution of the Board, Authoritytes.
or Committee of the University.
•oo'ermonf
Degrees.
29. Notwithstanding anything contained in any other law for
the time being in force. the University shall have powers to confer
degrees. diplomas and grant certificates, and confer degrees and
honorary degrees and other academic distinctions and titles. as
approved by the Board, in accordance with the norms laid down by
Regulatory Bodies.
30, The University shall furnish to the statutory authorities such'turns and
dormation,
reports, returns, statements and other information as may be required
by them from time to time.
31. (1) The Sponsoring Body may dissolve the University bynag ernent
University
giving notice to that effect in the prescribed manner to the
Government and the employees and the students Of the IJniversity
atleast one year in advance:
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Regulations-
116
Provided that dissolution of the University shall také effect
only after the last batches of students of the regular courses who
have been admitted before issuance of notice have completed their
courses and they have been awarded degrees. diplomas or awards.
as the case may be.
(2) On the dissolution of the University all the assets and
liabilities of the University shall vest in the Sponsoring Body. except
the land leased out by the State Government which shall be resumed
by the Government.
32. (1) Subject to the provisions of this Act, and in conformity
with the norms of the IJ*GrCt the Board shall have. in addition to ail
other powers vested in itt the power to make Regulations to provide
for the administration and management of the affairs of the
University:
Provided that the first set of Regulations shall be prepared by
the Board and submitted to the Government fot approval
Provided further that no amendment to the first set of
Regulations shall be made by the Board without approval of the
Government.
(2) In particubar and without prejudice to the generality
of the foregoing powers, such regulations may provide for all or any
of the following matters, namely: —
(i) summoning and holding of meetings of the
authorities of the University, other than the first
meeting of the Board. and the quorum and
conduct of business at such meetings
(ii) powers and functions to be exercised and
discharged by the President;
(ii0 constitution. powers and duties of the authorities,
bodies and other committees of the University
established under this Act including the qualifications
and disqualifications for membership of such
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(v)
(vii)
(viii)
(ix)
(x)
authorities. term of office of the membership.
appointment and removal of members thereof and
other matters connected therewith,
procedure to be followed by the Board and any
Committee or other body constituted under this
Act or by the Regulations in the conduct of the
business, exercise of the powers and discharge
of the functions;
the admission procedure and fixation of fees in
conformity with the norms and guidelines
prescribed by the IJ.G.C. and other concerned
statutory bodies;
the procedure to be followed for enforcing
discipline in the University;
the management of the properties of the
University;
degrees, diplomas. certificates and other academic
distinctions and titles which may be conferred or
granted by the University and withdrawal or
cancellation of any such degrees. diplomas.
certificates end other academic distinctions and
titles and the requirements thereof;
conduct of examinations including the term of
office and appointntent of examiners:
Creation of posts of Professors. Associate
Professors. Assistant Professors, Readers,
Lecturers or equivalent academic designations or
posts, officers and employees of the University.
and the appointment of persons to such posts
including the qualifications requisite there for,
the manner and conditions for constitution of
insurance, pension and provident funds and such
Other schemes for the benefit of teachers
and other employees of the University;
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(xil)
(xiij)
(xiv)
(xvi)
(xvii)
118
the terms and conditions applicable for
association of the University with other
institutions;
preparation of budget estimates and
maintenance of accounts;
mode of execution of contracts or agreements
by or on behalf of the University:
classification and procedure for appointment
of officers and staff of the University;
terms and tenure of appointments, salaries and
allowances. contractual services. rules and
discipline and other conditions of service of the
Vice- Chancellor. other officers, teachers and
employees of the University;
all terms and conditions governing deputation
of officersandstaff of [he University;
(xviii) the powers and duties of the Vice-Chancellor dif
cog
(xjx)
(xxi)
and other officers, teachers and employees of
the University;
the terms and conditions governing
fellowships, scholarshipg, stipends, medals
andprizes;
authentication of the orders and decisions of
the Boart%
all matters relating to hostels and halls of
residence including disciplinary control therein;
and
(xxii) any other matter in relation to administration.
management and control of the University.
(3) The courses of studies prescribed for a first degree
and the post-graduate degree or diploma programmes should have
been formally approved by the Academic Council and Board of
Governors.
(4) The programmes of study leading to a degree or a
post-graduate degree or diploma offered by a private university shall
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emova' of
itt'cuitøs
119
conform to the relevant regulations or norms of the UuG.C„or the
concerned statutory body as amended from time to time.
(5) The University shall provide all the relevant information
relating to the first degree and post-graduate degree or diploma
programme(s) including the curriculumstructure. contents. teaching
and teaming process, examination and evaluation system and the
eligibilitycriteriafor admissionof students.to the U.GC@on a proforma
prescribed by the IJ.GC. prior to starting of these programmes.
(6) The on detail examination of the information
made available as well as the representations and grievances
received by it from the students as well as concerned public relating
tothödeficienciesOftheproposedprogramme(s)notconformingto
various Regulations. shall inform the concerned University
about any shortcomings in respect of conformity to relevant
regulations for rectification and the University shall offer the
programme(s) only after necessary rectification.
33. If any difficulty arises with respect to the establishment of
the University or in connection with the first meeting of any authoritythe
of the University or othemise in giving effect to the provisions of this
Act and the Regulations, the President of the University may. at any
time, before all authorities of the University have been constituted.
by order. make any appointment Ordo anything consistent. so far as
may be with the provisions of this Act and the Regulations, which
appear to him necessary or expedient for the purpose of removing
the difficulty and every such order shall have effect as if such
appointment or action had been made or taken in the manner
provided in this Act and the Regulations:
Provided that before making any such order the President
may ascertain and consider the opinion of the Vice-Chancellor and
of such appropriate authority as may have been constituted-
rariEitory
*ions,
34. Notwithstanding anything contained in this Act: —
(i) the Vice-Chancellor rney, With the prior approval of
the President and subject to availability of funds,
discharge all or any of the functions of the University
for the purpose of carrying out the provisions of this
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din
Bar Cou
Suit and
Fi31ino of
bOfOte
120
Act and the Regulations and for that purpose may
exercise any power or perform any duty which. by this
Act end the Regulations, are to be exercised or
peffotmed by any authority of the University untit such
authority comes into existence as provided by this Act
and the Regulations;
the Academic Council, if anyt functioning as such
immediately before the commencement of this Act
shall continue to so function until. the Academic
Council is constituted for the Universityunder this Acti
but on the constitution of theAcademic Council under
this Act. the members of the Academic Council holding
office before such constitution shall cease to hold
office ; and
the Finance Committee, if any. functioning as such
immediately before the commencement of this Act
shan continue to so function until the. Finance
Committee Is constituted for the University under this
Act, but on the constitution of the Finance Committee
underthisAct, the members of the Finance Committee
holding office before such constitution shall cease to
hold office.
35. No prosecution or other legal proceeding shall tie
and no damage shall be claimed from the University, the President.
the Vice- Chancellor, the authorities or the officers of the University
or any other person in respect of anything which is done in good
faith or purporting to be done in pursuance of this Act or any
Regulation made thereunder.
36. (1) Nothing in section 35 shall be a bar to the right to file
writs before the High Court or Supreme Court under provisions of
orSupramothe Constitution of India.
(2) Nothing jn section 35 shall be a bar for filing suit,
prosecution or other legal proceedings for anything done in
contravention of this Act or the Regulations made thereunder,
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Power ro
Financial
liabiiftty
Sate
121
37. The State Government Shail have powers to issue
directionsfrom time to timeas maybe requiredto be followedby
the University under the provisionsof this Act. the Regulations made
thereunder and under any other law for the time beingin force.
38. The StateGovernmentShallnotbearany financialliability
for establishmentof the UniversityOrfor anyactionof the UniversityGovernment.
or its officers or functionaries,
Delegation
of powers.
39. Subject to the provisionsof thisAct and Regulations.any
Officer orAuthority of the Universitymay,by order.delegate his or its
powers, except the power to make regulations, to any other Officer or
authority under his or its control and subject to the condition that the
ultimateresponsibiEityfor theexerciseof the powerso delegatedshall
continue to vest in the officer or authority delegating them,
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