LexThe CENTURION UNIVERSITY OF TECHNOLOGY AND MANAGEMENT, ORISSA ACT, 2010
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EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 1355 CUTTACK, FRIDAY, AUGUST 27, 2010 / BHADRA 5, 1932
LAW DEPPARTMENT
NOTIFICATION
The 27th August, 2010
No.9609 / I-Legis.-21/2010 ─The following Act of the Orissa Legislative Assembly having
been assented to by the Governor on the 25th August, 2010 is hereby published for general
information.
ORISSA ACT 4 OF 2010
THE CENTURION UNIVERSITY OF TECHNOLOGY AND MANAGEMENT,
ORISSA ACT, 2010
AN ACT TO ESTABLISH AND INCORPORATE A SELF-FINANCED PRIVATE
UNIVERSITY IN THE STATE FOR PROVIDING HIGH QUALITY
EDUCATION AND TO REGULATE ITS FUNCTION AND
FOR MATTERS CONNECTED THEREWITH OR
INCIDENTAL THERETO.
BE it enacted by the Legislature of the State of Orissa in the Sixty-
first Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Centurion University of Technology
and Management, Orissa Act, 2010.
( 2) It shall come into force on such date as the State Government
may, by notification, appoint in this behalf and different dates may be
appointed for different provisions of this Act.
Short title and
commencement.
2
2. (1) In this Act, unless the context otherwise requires, —
( a) “Academic Council” means the Academic Council of the
University;
( b) “AICTE” means the All India Council for Technical
Education established under section 3 of the All India
Council for Technical Education Act, 1987;
( c) “Annual Report” means the Annual Report of the
University referred to in section 48;
( d) “Board of Governors” means the Board of Governors of
the University constituted under section 22;
( e) “Board of Management” means the Board of
Management of the University constituted under section
23;
( f) “Dean” means Dean of Schools of the University referred
to in section 17;
( g) “Development Fund” means the Development Fund of
the University referred to in section 45;
( h) “Distance Education System” means the system of
imparting education through any means of information
technology and communication such as multimedia,
broadcasting, telecasting, online over internet, other
interactive methods, e-mail, internet, computer,
interactive talk back, e-learning, correspondence course,
seminar, contact program or a combination of any two or
more of such means;
( i) “Employee” means employee appointed by the University
and includes teachers and other staff of the University;
( j) “Endowment Fund” means Endowment Fund of the
University referred to in section 44;
( k) “Faculty” means a faculty of the University;
( l) “Finance Officer” means Finance Officer of the University
appointed under section 19;
Definitions.
52 of 1987.
3
( m) “General Fund” means General Fund of the University
referred to in section 45;
( n) “Off-campus Centre” means a centre of the University,
established by it outside the main campus, within the
State operated and maintained as its constituent unit,
having the University’s compliment of facilities, faculty
and staff ;
( o) “prescribed” means prescribed by Statutes;
( p) “President” means the President of the University as
explained in section 14;
( q) “Registrar” means the Registrar of the University
appointed under section 18;
( r) Regulatory Body” means a Body established by the
Central Government for laying down norms and
conditions for ensuring standard of higher education such
as University Grants Commission, All India Council of
Technical Education and National Council of Assessment
and Accreditation, Distance Education Council etc. and
other Bodies established by the State Government for the
purpose;
( s) Rules” mean the Rules of the University;
( t) “School” means the constituent unit of the university as
provided in clause (e) of section 8;
( u) “Sponsoring Body” means the Trust;
( v) “State” means the State of Orissa;
( w) “State Government” means the State Government of
Orissa;
( x) “Statutes” means the Statutes of the University;
4
( y) “Study Centre” means a centre established, maintained
or recognized by the University in the State for the
purpose of advising, counselling or for rendering any
other assistance required by the students used in the
context of distance education;
( z) “Teacher” means a Professor, Associate Professor,
Assistant Professor, Lecturer or such other person as
may be appointed for imparting instruction or training or
conducting research in the University;
( za) “Trust” means the Jagannath Institute for Technology and
Management Trust, registered under the Indian Trust Act,
1882;
( zb) “UGC” means the University Grants Commission
established under the University Grants Commission
Act, 1956;
( zc) “University” means the Centurion University of
Technology and Management, Orissa, established
under this Act;
( zd) “Vice-Chancellor” means the Vice-Chancellor of the
University appointed under section 15;
( ze) “Visitor” means the Visitor of the University as
explained in section 13.
CHAPTER II
THE UNIVERSITY AND ITS OBJECTS
3. The Sponsoring Body shall have the right to establish the
University in accordance with the provisions of this Act.
4. (1) The Sponsoring Body shall establish an endowment fund in
accordance with the provisions of section 44.
( 2) The Sponsoring Body shall—
(i) transfer minimum of sixty acres of land held by the Trust at
village- Rasur under Paralakhemundi Tahasil in the district of
Gajapati;
Right to
establish the
University.
Establishment
of University.
3 of 1956.
2 of 1882.
5
( ii) make available a minimum built up area of 10,000 square
meters in the form of buildings, and ancillary structure
including the existing builtup area of the Trust for
administrative purposes and for conducting the academic
programmes;
( iii) purchase of books and journals at least worth Rupees Ten
lakhs or as per the norms of the Regulatory Bodies, whichever
is higher in the first year and to invest not less than Rupees
fifty lakhs or as per norms of the Regulatory Bodies, whichever
is higher on books, journals, computer networking and other
facilities to make the library facilities adequate for
contemporary teaching and research within first three years
and the existing library books, journals, computer networking
and other facilities of the Trust shall constitute part of the
requirement.
( iv) purchase equipments, computers, furniture, other movable and
immovable assets and infrastructure facilities other than
buildings, referred to in clause (ii) above worth Rupees twenty
lakhs or as per the norms of Regulatory Bodies, whichever is
higher, and give undertaking to procure within the first five
years, equipments, computers, furniture, other movable and
immovable assets and infrastructure facilities other than
buildings, referred to in clause (ii) above worth not less than
rupees one crore or as per norms of the Regulatory Bodies,
whichever is higher and the existing equipments, computers,
furniture, other movable and immovable assets and
infrastructure facilities other than buildings shall constitute part
of the requirement;
( v) give an undertaking —
( a) to appoint at least one Professor, two Readers and
adequate number of Lecturers on full time basis along
with necessary supporting staff in each School or
department or discipline of the University prior to the date
such School or department or discipline is started;
6
( b) to take up co-curricular activities to foster a proper
academic and healthy socio-cultural environment, such
as seminars, debates, quiz programmes and extra
curricular activities like games, sports, National Service
Scheme, National Cadet Corps etc. for the benefit of
students as per the norms laid down by the Regulatory
Bodies;
( c) to establish welfare programmes for the employees of the
University;
( d) to fulfil such other conditions and provide such other
informations as may be prescribed by the Regulatory
Bodies from time to time;
( e) that the programmes of study leading to a degree or a
post graduate degree or diploma offered by the
University shall conform to the relevant regulations or
norms of the UGC or the concerned Regulatory Body as
amended from time to time;
( f) that the admission procedure and fixation of fees shall be
in accordance with the norms or guidelines, if any,
prescribed by the Regulatory Bodies ;
( g) that the teaching staff of the University shall have at least
the minimum qualifications prescribed by the UGC or
other concerned Regulatory Bodies, and be paid
appropriate emoluments;
( h) that the University shall be open to all persons and shall
not discriminate on grounds of gender, caste, creed,
religion, race, domicile and it shall not be lawful for the
University to adopt or impose on any person, any test
whatsoever of religious belief or any profession in order
to entitle one to be appointed as a teacher of the
University or to hold any other office therein or to be
admitted as a student or to enjoy or exercise any
privilege thereof;
( i) to fulfil such other conditions and provide such other
information as may be prescribed by the Regulatory
Bodies.
7
5. After commencement of the Act, the Sponsoring Body shall fulfil the
requirements and conditions specified in section 4 and shall report
compliance to the State Government within a maximum period of two years
from the date of commencement of this Act:
Provided that the State Government may allow extension of time to
such extent as it may deem fit on consideration of the progress in fulfilling the
conditions specified under section 4.
6. (1) The State Government, if satisfied after considering the
compliance report submitted by the Sponsoring Body under section 5, that the
Sponsoring Body has complied with the provisions of section 4, may, by
notification in the official Gazette, establish the University with the description
of location, jurisdiction and such other conditions as may be specified in this
behalf:
Provided that no notification shall be made unless a High Power
Committee constituted by the Government certifies that the Sponsoring Body
has complied with the provisions of section 4 and that the provisions of the
University Grants Commission (Establishment of and Maintenance of
Standards in Private Universities) Regulations, 2003 have been fully complied
with by the Sponsoring Body.
( 2) Such University shall be deemed to have been incorporated
from the date of publication of notification in the official Gazette under the
provisions of sub-section (1).
( 3) The University shall be a body corporate having perpetual
succession and common seal with powers, subject to the provisions of this
Act, to acquire, own and dispose of property, and to contract and to do all
things necessary for the purposes of this Act, and shall sue and be sued by
the same name.
( 4) In all the suits and other legal proceedings by or against such
University, the pleadings shall be signed and verified by the Registrar and all
processes in such suits and proceedings shall be issued to and be served on
the Registrar.
( 5) The University shall be located at Rasur village under
Paralakhemundi Tahasil in the district of Gajapati with its administrative office
at Paralakhemundi.
Submission of
compliance
report,
verification and
inspection.
Establishment
and
incorporation.
8
7. The University shall be unitary, self-financed and shall not be
entitled for any grant-in-aid or any other financial assistance from the State
Government or any other Body or Corporation owned or controlled by the
State Government.
8. The objectives for which the University is established are as
follows: —
( a) to disseminate and advance knowledge by providing academic
and research facilities in such branches of learning which
includes, Engineering and Technology, Humanities and Social
Science, Management, Law, Medical Science and Genetics,
Vocational Education and Training, Tribal and Development
Studies and in other fields as it may deem fit;
( b) to offer continuing and distance education programs as per
norms of the Distance Education Council of the Government of
India or other Body constituted by the State Government ;
( c) to institute degrees, diplomas, charters, certificates and other
academic distinctions on the basis of examination or any other
method of evaluation;
( d) to collaborate with other colleges or Universities, research
institutions, industry associations, professional associations or
any other organization, in India or abroad, to conceptualize,
design and develop specific educational and research
programmes, training programmes and exchange programmes
for students, faculty members and others;
( e) to establish the following constituent units of the University,
namely:─
( i) School of Engineering and Technology,
( ii) School of Natural Science,
( iii) School of Humanities and Social Science,
( iv) School of Management and Law,
( v) School of Vocational Education and Training,
( vi) School of Tribal and Development Studies, and
( vii) Any other schools as it may deem fit :
University not to
be entitled to
financial
assistance.
Objects of the
University.
9
Provided that the existing programmes or courses
offered by the Trust shall be integrated into the respective
schools.
( f) to disseminate knowledge through seminars, conferences,
executive education programmes, community development
programmes, publications, and training programmes;
( g) to undertake programmes for the training and development of
faculty members of the University and other institutions in India
or abroad;
( h) to undertake collaborative research with any organization in
India or abroad;
( i) to create higher levels of intellectual abilities;
( j) to provide consultancy to industry, Government and Public
Organization;
( k) to ensure that the standard of the degrees, diplomas, charters,
certificates and other academic distinctions are not lower than
those laid down by University Grants Commission and other
Regulatory Bodies, as the case may be;
( l) to do all things necessary or expedient to promote the above
objectives; and
( m) to pursue any other objective as may be approved by the State
Government.
9. Subject to other provisions of this Act, the Statutes or Rules made
thereunder or any other relevant laws for the time being in force, the
University shall have the following powers, namely:—
( a) to establish Off-Campus Centres and study centres, as are in
the opinion of the University, necessary for the furtherance of
its objects in conformity with the provisions of the University
Grants Commission (Establishment of and Maintenance of
Standards in Private Universities) Regulations, 2003;
( b) to establish and develop schools as envisaged in clause (e) of
section 8;
( c ) to carry out all such other activities as may be necessary or
feasible in furtherance of the object of the University;
Powers of the
University.
10
( d) to confer degrees, diplomas, charters, certificates or other
academic distinctions and professional designations as
envisaged under section 8 in the manner and under conditions
laid down in the Statutes;
( e) to institute and award fellowships, scholarships and prizes etc.,
in accordance with the Statutes;
( f) to demand and receive such fees, bills, invoices and collect
charges as may be fixed by the Statutes or Rules, as the case
may be;
( g) to make provisions for extra curricular activities for students
and employees;
( h) to make appointments of the faculty, officers and employees of
the University or Off-campus Centre and Study Centres;
( i) to receive donations and gifts of any kind and to acquire, hold,
manage, maintain and dispose of any movable or immovable
property, including trust and endowment properties for the
purpose of the University or a Off-campus centre or a Study
Centre;
( j) to institute and maintain halls and to recognize places of
residence for students of the University or Off-campus Centre;
( k) to supervise and control the residence, and to regulate the
discipline among the students and all categories of employees
and to lay down the conditions of service of such employees,
including their Code of Conduct;
( l) to create academic, administrative and support staff and other
necessary posts;
( m) to co-operate and collaborate with other domestic and
overseas Universities and Institutions in such a manner and for
such purposes as the University may determine from time to
time;
( n) to offer programs on distance learning basis and continuing
education and the manner in which such programs are offered
by the University;
11
( o) to organize and conduct refres her courses, orientation
courses, workshops, seminars and other programs for
teachers, developers of course ware, evaluators and other
academic staff;
( p) to determine standards of admission to the University and Off-
campus Centre with the approval of the Academic Council;
( q) to make special provision for students belonging to the State of
Orissa for admission in any course of the University or Off-
campus Centre;
( r) to do all such other acts or things whether incidental to the
powers aforesaid or not, as may be necessary for furtherance
of the objects of the University;
( s) to prescribe such courses for Bachelor Degree, Master
Degree, Doctor of Philosophy, Master of Philosophy Degrees
and Research and such other Degrees, Diplomas, Charters,
Certificates etc.;
( t) to provide for the preparation of instructional materials,
including films, cassettes, tapes, video cassettes, Compact
Disk, Visual Compact Disk and other software;
( u) to recognize examinations or periods of study, whether in full
or in part, of other Universities, institutions or other places of
Higher learning as equivalent to examinations or periods of
study in the University and to withdraw such recognition at any
time;
( v) to raise, collect, subscribe and borrow with the approval of the
Board of Governors whether on the security of the property of
the University, money for the purposes of the University;
( w) to enter into, carry out, vary or cancel contracts;
(x) to do all things necessary or expedient to exercise the above
powers;
(y) to receive grants for conducting Research and Studies from
Government or Non-Government sources.
12
10. The University shall be open to all persons irrespective of class,
caste, creed, religion, language, domicile and gender, etc..
11. (1) The University shall seek, obtain and retain accreditation from
respective national or State accreditation bodies and be subject to the
Regulations or Guidelines made thereunder from time to time relating to
private Universities.
( 2) The University shall obtain prior permission or recognition from
the concerned Regulatory Bodies, fo r conferring graduate or post graduate
degrees and for other programmes.
( 3) As regards other programmes on technical education the
relevant laws, rules, regulations etc. in the matter of obtaining approval or
recognition or maintaining standards shall apply to the University.
CHAPTER III
OFFICERS OF THE UNIVERSITY
12. The following shall be the officers of the University, namely:—
( a) the President;
( b) the Vice-Chancellor;
( c ) the Pro-Vice-Chancellor;
( d) the Registrar;
( e) the Deans of Schools;
( f) the Finance Officer;
( g) the Controller of Examinations; and
( g) such other officers as may be declared by the Statutes to be
officers of the University.
13. (1) The Governor of Orissa shall be the Visitor of the University.
( 2) The Visitor shall, when present, preside at the convocation of
the University for conferring Degree s, Diplomas, Charters, Designations and
Certificates.
( 3) The Visitor shall have the following powers to be exercised in
accordance with the procedure laid down in the Statutes, namely:—
( a) to call for any paper or information relating to the affairs of
the University;
University open
to all classes,
castes, creed,
religion,
language and
gender.
National
Accreditation.
Officers of the
University.
The Visitor.
13
( b) on the basis of the information received by the Visitor, if he
is satisfied that any order, proceeding, or decision taken by
any authority of the University is not in conformity with the Act,
Statutes or Rules, he may give such advice to the President as
he may deem fit in the interest of the University and basing on
the advices of the Visitor, the President shall take a decision
which shall be complied with by all concerned.
14. (1) The Chairman of the Trust shall be the President of the
University.
( 2) The President during his absence may, by order in writing,
designate any other person from among the Board of Governors to act as the
President of the University, for such period and for such functions and
responsibilities as he may specify in that order, who may be called the
Designated President.
( 3) The President or the Designated President referred to in sub-
section (2) shall preside at the meeting of the Board of Governors and the
President shall, when the visitor is not present, preside at the convocation of
the University for conferring Degree, Diplomas, Charters, Designations or
Certificates.
( 4) The President shall have the following powers, namely: —
(a) to call for any information or record;
(b) to appoint and remove the Vice-Chancellor;
(c) to appoint and remove the Pro-Vice-Chancellor; and
(d) such other powers as may be conferred on him by the Act
or the Statutes made thereunder.
( 5) The Designated President shall perform all functions and
exercise all powers, specifically delegated to him in writing by the President.
15. (1) The Vice-Chancellor shall be appointed by the President from
a panel of three persons recommended by the Board of Governors and shall
hold office for a term of three years and after expiration of the term of three
years, the Vice-Chancellor shall be eligible for re-appointment for another
term not exceeding three years.
The President
and his powers.
The Vice-
Chancellor.
14
( 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 the
authorities of the University.
( 3) If in the opinion of the Vice-Chancellor it is necessary to take
immediate action on any matter for which powers are conferred on any other
authority by or under this Act, he may take such action as he deems
necessary and shall at the earliest oppor tunity thereafter report his action to
such officers or authority as would have in the ordinary course dealt with the
matter:
Provided that if in the opinion of the concerned authority such
action should not have been taken by the Vice-Chancellor, then such case
shall be referred to the President, whose decision thereon shall be final:
Provided further that where any such action taken by the Vice-
Chancellor affects any person in the service of the University, such person
shall be entitled to prefer, within three months from the date on which such
action is communicated to him, an appeal to the Board of Governors and the
Board of Governors may confirm or modi fy or reverse the action taken by the
Vice-Chancellor.
( 4) If in the opinion of the Vice-Chancellor any decision of any
authority of the University is outside the powers conferred by this Act,
Statutes or is likely to be prejudicial to the interest of the University, he shall
request the concerned authority to revise its decision within seven days from
the date of his decision and in case the authority refuses to revise such
decision wholly or partly or fails to take any decision within seven days, then
such matter shall be referred to the Pr esident and his decision thereon shall
be final.
( 5) The Vice-Chancellor shall exercise such other powers and
perform such other duties as may be laid down by the Statutes or the Rules.
( 6) The Vice-Chancellor shall preside at the convocation of the
University in the absence of both, the Visitor and the President, for conferring
Degrees, Diplomas, Charters, Designations or Certificates.
15
( 7) The President is empowered to remove the Vice-Chancellor
after due enquiry and it shall be open to the President to suspend the Vice-
Chancellor during enquiry depending upon the seriousness of the charges, as
he may deem fit.
16. The Pro-Vice-Chancellor shall be appointed by the President in
such manner, on such terms and conditions of service, and shall exercise
such powers and perform such functions as may be prescribed.
17. Deans of Schools shall be appointed by the Vice-Chancellor in
such manner and shall exercise such powers and perform such duties as may
be prescribed.
18. (1) The appointment of the Registrar shall be made by the
President in such manner as may be prescribed.
( 2) All contracts shall be signed and all documents and records
shall be authenticated by the Registrar on behalf of the University.
( 3) The Registrar shall exercise such other powers and perform
such other functions as may be prescribed or may be required from time to
time, by the Board of Governors.
( 4) The Registrar shall be responsible for the due custody of the
records and the common seal of the University and shall be bound to place
before the President, the Vice-Chancellor or any other authority, all such
information and documents as may be necessary for transaction of their
business.
19. (1) The Finance Officer shall be appointed by the Board of
Governors in such manner and shall exercise such powers and perform such
functions as may be prescribed.
( 2) The Controller of Examinations shall be appointed by the Vice-
Chancellor in such manner and shall exercise such powers and perform such
functions as may be prescribed.
20. The manner of appointment, terms and conditions of service and
powers, duties and functions of other officers of the University shall be such,
as may be prescribed.
The Deans of
Schools.
The Registrar.
The Finance
Officer and the
Controller of
Examinations.
Other officers.
The Pro-Vice-
Chancellor
16
CHAPTER IV
AUTHORITIES OF THE UNIVERSITY
21. The following shall be the authorities of the University, namely: —
( a) the Board of Governors;
( b) the Board of Management;
( c) the Academic Council;
( d) the Finance Committee; and
( e) such other authorities as may be declared by the Statutes to
be the authorities of the University.
22. (1) The Board of Governors shall consist of the following: —
( a) the President;
( b) the Trustees of the Trust;
( c) the Vice-Chancellor;
( d) three persons nominated by the Trust out of whom two
shall be eminent educationist;
( e) three experts nominated by the State Government, one of
whom shall be from Scheduled Tribe category ;
( f) two members of the Orissa Legislative Assembly nominated
by the Speaker;
( g) the Secretary to Government, Higher Education
Department who shall be the member ex-officio;
( h) two Deans of the University by rotation, to be nominated by
the Vice-Chancellor; and
(i) one expert of Finance to be nominated by the President.
( 2) The President shall be the Chairman of the Board of
Governors.
( 3) The Registrar shall be the ex-officio Secretary of the Board of
Governors.
( 4) The Board of Governors shall be the principal executive body
and principal governing body of the University and shall have the following
powers, namely: —
( a) to lay down policies to be pursued by the University;
( b) to review decisions of other authorities of the University if
they are not in conformity with the provisions of this Act, or
the Statutes or the Rules;
Authorities of the
University.
The Board of
Governors and its
powers.
17
( c) to make new or additional Statutes and Rules or amend or
repeal the earlier Statutes and Rules with the approval of
the State Government;
( d) to approve the budget and annual report of the University;
( e) to appoint the Statutory Auditors of the University;
( f) to take decision about voluntary winding up of the
University;
( g) to approve proposals for submission to the State
Government; and
( h) to take such decisions and steps as are found desirable for
effectively carrying out the objects of the University.
( 5) The Board of Governors shall, m eet at least twice in a calendar
year at such time and place as the President thinks fit.
( 6) Save as otherwise provided in this section, the terms of
nominated members of the Board of Gove rnors shall be three years from the
date of nomination.
23. (1) The Board of Management shall consist of —
( a) the Vice-Chancellor of the University who shall be the ex-
officio Chairman;
( b) the Registrar of the University who shall be the ex-officio
Secretary;
( c) two members of the Board of Governor, nominated by the
Sponsoring Body;
( d) three persons, who are not the members of the Board of
Governor, nominated by the Sponsoring Body; and
( e) two deans nominated by the Vice-Chancellor.
( 2) The powers and functions of the Board of Management shall
be such, as may be prescribed.
( 3) The term of office of the members other than the ex-officio
members shall be three years.
The Board of
Management.
18
24. (1) The Academic Council shall consist of —
( a) the Vice-Chancellor of the University who shall be the ex-
officio Chairman;
( b) the Registrar of the University who shall be the ex-officio
Secretary; and
( c) such other members as may be prescribed.
( 2) The Academic Council shall be the principal academic body of
the University and shall, subject to the provisions of this Act, the Statutes and
the Rules, co-ordinate and exercise general supervision over the academic
policies of the University and shall exercise such other powers and perform
such other functions as may be prescribed.
( 3) The term of office of the members other than the ex-officio
members shall be three years.
25. (1) The Finance committee shall consist of —
( a) the Vice-Chancellor of the University who shall be the
ex-officio Chairman;
( b) the Registrar of the University who shall be the ex-officio
Secretary;
( c) the Finance Officer; and
( d) such other members as may be prescribed.
( 2) The Finance Committee shall be the principal financial body of
the University to take care of financial matters and shall, subject to the
provisions of this Act, Statutes and Rules, co-ordinate and exercise general
supervision over the financial matters of the University and shall exercise
such other powers and perform such other functions as may be prescribed.
( 3) The term of office of the members other than the ex-officio
members shall be three years.
26. The constitution, powers and functions of other authorities of the
University shall be such, as may be prescribed.
27. No act or proceeding of any authority of the University shall be
invalid merely by reason of the existence of any vacancy or defect in the
constitution of the authority.
The Academic
Council.
The Finance
Committee.
Other authorities.
Proceedings not
invalidated on
account of
vacancy.
19
CHAPTER V
STATUTES AND RULES
28. Subject to the provisions of this Act, the Statutes may provide for
all or any of the following matters, namely:—
( a) the constitution, powers and functions of the authorities and
other bodies of the University not specified in the Act, as may
be constituted from time to time and creation of new authorities
of the University;
( b) the operation of the Endowment Fund, the General Fund and
the Development Fund;
( c) the terms and conditions of appointment of the Vice-
Chancellor, the Registrar and the Finance Officer and their
powers and functions;
( d) the mode of recruitment and the conditions of service of other
officers, teachers and employees of the University;
( e) the procedure for resolving disputes between the University
and its officers, faculty members, employees and students;
( f) creation, abolition or restructuring of departments and
faculties;
( g) the manner of co-operation with other Universities or
Institutions of higher learning;
( h) the procedure for conferment of honorary degrees;
( i) provisions regarding grant of freeships and scholarships;
( j) number of seats in different courses of studies and the
procedure of admission of students to such courses;
( k) the fee chargeable from students for various courses of
studies;
( l) institution of fellowships, scholarships, studentships, freeships,
medals and prizes;
( m) procedure for creation and abolition of posts; and
( n) any other matters which may be prescribed.
Statutes.
20
29. (1) The First Statutes shall be made by the Board of Governors
and shall be submitted to the State Government for its approval, which may,
within three months from the date of receipt of the Statutes give its approval
with or without modifications.
( 2) Where the State Government fails to take any decision with
respect to the approval of the Statutes within the period specified in sub-
section (1), it shall be deemed to have been approved by the State
Government.
30. The Board of Governors may, with the prior approval of the State
Government, make new or additional Statutes or amend or repeal the
Statutes.
31. Subject to the provisions of this Act, the Rules may provide for all
or any of the following matters, namely: —
( a) admission of students to the University and their enrolment
and continuance as such;
( b) the courses of study to be laid down for all Degrees, Diplomas,
Certificates, Charters and other academic distinctions of the
University;
( c) the award of Degrees, Diplomas, Certificates and other
academic distinctions of the University;
( d) accounting policy and financial procedure;
( e) the conditions of the award of fellowships, scholarships,
studentships, medals and prizes;
( f) the conduct of examinations and the conditions and mode of
appointment and duties of examining bodies, examiners,
invigilators, tabulators and moderators;
( g) the fee to be charged for admission to the examinations,
Degrees, Diplomas, Certificates and other academic
distinctions of the University;
( h) revision of fees;
Procedure for
making Statutes.
Power to amend
the Statutes.
Rules.
21
( i) alteration of number of seats in different courses and
programs;
( j) the conditions of residence of the students at the University;
( k) maintenance of discipline among the students of the
University; and
( l) any other matters not specifically provided in the Statutes.
32. (1) The Rules shall be made by the Board of Governors and the
Rules so made shall be submitted to the State Government for its approval,
which may, within two months from the date of receipt of the Rules, give its
approval with or without modification.
( 2) Where the State Government fails to take any decision with
respect to the approval of the Rules within the period specified in sub-section
(1), it shall be deemed to have been approved by the State Government.
33. The Board of Governors may, with the prior approval of the State
Government make new or additional Rules or amend or repeal the Rules.
34. (1) The admission procedure shall be in accordance with the
norms and guidelines prescribed by the U.G.C. or other Regulatory Bodies,
as the case may be, depending on the course in which students seek
admission.
( 2) In absence of the guidelines under sub-section (1) admission
in the University shall be made strictly on the basis of merit.
( 3) Merit for admission in the University may be determined on the
basis of marks or grade obtained in the qualifying examination and
achievements in co-curricular and extra- curricular activities, and on the basis
of marks or grade obtained in the entrance test conducted at State level either
by an association of the Universities conducting similar courses or by any
agency of the State.
( 4) Special weightage shall be given to Tribal and girls students
with respect to admission to various courses of the University.
35. (1) The University may, from time to time, prepare its fees
structure in accordance with the nor ms and guidelines prescribed by the
U.G.C. and other Regulatory Bodies depending on the course in which the
students seek admission.
Procedure for
making Rules.
Power to amend
Rules.
Admission.
Fee structure.
22
( 2) The University shall not charge any fees, by whatever name
called, other than that for which it is entitled under the provisions of sub-
section (1).
(3) The University shall implement a Scheme for providing
concession in fees payable to the University by the students belonging to
Scheduled Castes, Scheduled Tribes Co mmunity and Economically Weaker
Sections from the State of Orissa.
CHAPTER VI
MISCELLANEOUS
36. (1) Every employee shall be appointed under a written contract,
which shall be kept in the University and a copy of which shall be furnished to
the employee concerned.
( 2) Disciplinary action against the students or employees shall be
governed by the procedure as may be prescribed.
37. Every employee or student of the University shall, notwithstanding
anything contained in this Act, have a right to appeal within such time as may
be prescribed, to the Board of Management against the decision of any officer
or authority of the University and thereupon the Board of Management may
confirm, modify or change the decision appealed against.
38. The University shall constitute for the benefit of its employees such
provident or pension fund and provide such insurance scheme as it may
deem fit in such manner and subject to such conditions as may be prescribed.
39. 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 President whose
decision thereon shall be final.
40. Any authority of the University mentioned in section 21 is
empowered to constitute a committee of such authority, consisting of such
members as such authority may deem fit, and having such powers as the
authority may deem fit.
Conditions of
service of
employees.
Right to appeal.
Provident fund
and pension.
Disputes as to
constitution of
University
authorities and
bodies.
Constitution of
committees.
23
41. Any casual vacancy among the members, other than ex-officio
members, of any authority or Body of the University shall be filled in the same
manner in which the member whose vacancy is to be filled up, was chosen,
and the person filling the 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.
42. (1) No suit or other legal proceedings shall lie against any officer
or other employee of the University for anything, which is done in good faith
or intended to be done in pursuance of the provisions of this Act, the Statutes
or the Rules.
( 2) Nothing in sub-section (1) shall be a bar for filing suits,
prosecutions or other legal proceedings for anything done in contravention of
the provisions of this Act and the Rules or Statute made thereunder.
43. Notwithstanding anything contained in any other provisions of this
Act and the Statutes —
( a) the first Vice-Chancellor shall be appointed by the President
and the said officer shall hold office for a term of three years;
( b) the first Registrar and the first Finance Officer shall be
appointed by the President who shall hold office for a term of
three years;
( c) the first Board of Governors shall hold office for a term not
exceeding three years; and
( d) the first Board of Management, the first Finance Committee
and the first Academic Council shall be constituted by the
President for a term of three years.
44. (1) The Sponsoring Body shall establish an Endowment Fund of
Rupees three Crores.
( 2) The amount of Endowment Fund shall be invested and kept
invested until the dissolution of the University in long term securities issued or
guaranteed by the State Government.
Filling of casual
vacancies.
Protection of
action taken
in good faith.
Transitional
provisions.
Endowment
Fund.
24
( 3) The University may transfer any amount from the General
Fund or the Development Fund to the Endowment Fund.
( 4) Excepting in the dissolution of the University, no money can be
transferred from the Endowment Fund under any other circumstances for
purposes other than that of the University.
( 5) Out of the incomes received from the Endowment Fund, an
amount not exceeding 75% shall be used for the purposes of development
works of the University and the remaining 25% shall be reinvested in the
Endowment Fund.
45. (1) The University shall establish a General Fund to which the
following amount shall be credited, namely: —
( a) all fees which may be charged by the University;
( b) all sums received from any other source;
( c) all contributions made by the Sponsoring Body;
( d) all contributions or donations made in this behalf by any
other person or Body, which are not prohibited by any law
for the time being in force.
( 2) The funds credited to the General Fund shall be applied to
meet the following payments, namely: —
( a) the repayment of debts including interest charges thereto
incurred by the University for the purposes of this Act and
the Statutes, and the Rules made thereunder;
( b) the upkeep of the assets of the University;
( c) the payment of the cost of audit of the fund created under
this section and section 46;
( d) meeting the expenses of any suit or proceedings to which
the University is a party;
( e) the payment of salaries and allowances of the officers and
employees of the University, members of the teaching and
General Fund.
25
research staff, and payment of any Provident Fund
contributions, gratuity and other benefits to any such
officers and employees, members of the teaching and
research staff;
( f) the payment of travelling and other allowances of the
members of the Board of Governors, the Board of
Management, Academic Council, and other authorities so
declared under the Statutes of the University and of the
members of any Committee or Board appointed by any of
the authorities of the University in pursuance of any
provision of this Act, or the Statutes, or the Rules made
thereunder;
( g) the payment of fellowships, freeships, scholarships,
assistantships and other awards to students, research
associates or trainees eligible for such awards under the
Statutes or Rules of the University;
( h) the payment of any expenses incurred by the University in
carrying out the provisions of this Act, and the Statutes or
the Rules;
( i) the payment of cost of capital, not exceeding the prevailing
bankrate of interest, incurred by the Sponsoring Body for
setting up the University and the investments made
thereof;
( j) the payment of charges and expenditure relating to the
consultancy work undertaken by the University in
pursuance of the provisions of this Act, and the Statutes,
and the Rules;
( k) the payment of any other expenses including a
management fee payable to any organization charged with
the responsibility of managing the University on behalf of
the Sponsoring Body, as approved by the Board of
Management to be an expense for the purposes of the
University:
26
Provided that no expenditure shall be incurred
by the University in excess of the limits for total recurring
expenditure and total non-recurring expenditure for the
year as may be fixed by the Board of Management without
the previous approval of the Board of ManaExcerpt shown. Open the full act in Lexace.