The AIPH,Odisha Act,2017
Odisha · state statute
Open in Lexace · Ask the AI about this actTHE AIPH UNIVERSITY , ODISHA, ACT, 2017
PREAMBLE :
SECTIONS :
CHAPTER I
PRELIMINARY
1. Short title and commencement.
2. Definitions.
CHAPTER II
THE UNIVERSITY
3. Establishment and incorporation of the University.
4. Endowment Fund.
5. Object of the University.
6. University opens to all irrespective
of caste, creed, class, sex or opinion.
7. National Accreditation.
8. Powers and functions of the University.
CHAPTER III
AUTHORITIES AND OFFICERS OF THE UNIVERSITY
9. Authorities of the University.
10. Board of Governors.
11. Powers and functions of the Board.
12. Terms of Office and vacancies among members of the Board.
13. Academic Council.
14. Powers and functions of the Academic Council.
15. Finance Committee.
16. Powers and functions of the Finance Committee.
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17. Board of Examination and its power and function.
18. Officers of the University
19. President of the University.
20. Vice- Chancellor.
21. Powers and duties of Vice- Chancellor.
22. Registrar.
23. Deans.
24. Comptroller of Finance.
25. Comptroller of Examinations.
26. Other Officers.
CHAPTER - IV
MISCELLANEOUS PROVISIONS
27. Funds of the University.
28. Accounts and Audit.
29. Annual Report.
30. Pensions and Provident Fund.
31. Acts and proceedings not to be invalidated by vacancies.
32. Returns and information.
33. Management of University on Dissolution.
34. Regulations.
35. Filling of casual vacancies.
36. Protection of action taken in good faith.
37. Transitory provisions.
38. Power to issue directions.
39. Financial liability of the Government.
40. Delegation of powers.
41. Removal of difficulties.
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EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 60 , CUTTACK, TUE SDAY , JANUARY 1 6, 2018 / PAUSA 26, 1939
LAW DEPARTMENT
NOTIFICATION
The 16 th January, 2018
No.584 -I-Legis -47 /2017 -L. — The following Act of the Odish a Legislative
Assembly having been assented to by the Governor on the 10th January, 2018 is
hereby published for general information.
ODISHA ACT 3 OF 2018
THE AIPH UNIVERSITY, ODISHA, ACT, 2017
AN ACT TO PROVIDE FOR ESTABLISHMENT AND INCORPORATION OF A
PRIVATE UNITARY UNIVERSITY ON PUBLIC HEALTH IN ODISHA IN THE NAME
OF AIPH UNIVERSITY, ODISHA AND FOR MATTERS CONNECTED THEREWITH
OR INCIDENTAL THERETO.
BE it enacted by the Legislature of the State of Odisha in the Sixty- eighth Year
of the Republic of India as follows:
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the AIPH University, Odisha Act, 2017.
(2) It shall come into force on such date as the State Government may,
by notification, appoint.
Short title and
commencement.
4
2. In this Act, unless the context otherwise requires,
(a) "Academic Council" means the Academic Council of the University
constituted under section 13;
(b) "Board" mean the Board of Governors constituted under section 10;
(c) "Deans" mean the Dean of Faculty of the University appointed
under section 23;.
(d) "Finance Committee" means Finance Committee of the University
constituted under section 15;
(e) ‘Government’ means Government of Odisha;
(f) "prescribed" means prescribed by the Regulations;
(g) "President" means the President of the University appointed under
section 19;
(h) “Public health education” in relation to public , means
programmes of education, research and training on preve ntion of
disease, promotion of health, social and behavioral science s on
health, nutrition, hospital administration and such other programme s
as the Government may, by notification, declare;
(i) "Registrar" means the Registrar of the University appointed under
section 22 ;
(j) "Regulatory Body" means a body established by or under a Central
Act or State Act for lay ing down norms and conditions of ensuring
standard of education such as U .G.C. and includes such body as the
Government may, by notification, declare, from time to time;
(k) "Regulations" means Regulations of the University made under
section 34;
(l) "Sponsoring Body" means Asian Institute of Public Health (AIPH),
registered under the Societies Registration Act, 1860;
(m) "University" means AIPH University, Odisha;
(n) "U.G.C” means University Grants Commission established under the
University Grant Commission Act, 1956; and
(o) "Vice-Chancellor" means the Vice-Chancellor of the University
appointed under section 20.
21 of 1860.
3 of 1956.
Definitions.
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CHAPTER II
THE UNIVERSITY
3. (1) Subject to the provisions of this Act, the Government may , by
notification, establish a u nitary, self-financing, non-affiliating University by the
name of AIPH University, Odisha after the Endowment Fund is set up by the
Sponsoring Body under section 4:
Provided that no notification shall be issued unless a High Power
Committee constituted by the Government for the purpose certifies to the
Government that the land for the es tablishment of the University is available
and all other necessary infrastructure including building, equipment, qualified
teaching staffs and such other norms as prescribed by the Government and in
the University Grants Commission (Establishment of and Ma intenance of
Standards in Private Universities ) Regulations, 2003 , as amended from time
to time, have been complied.
(2) The Government, if satisfied after considering the recommendation
of the High Power Committee that the Sponsoring Body has complied a ll the
necessary requirements as provided under the proviso to sub -section (1),
may issue notification under th at sub-section to establish the University with
the descriptions of location and such other conditions as may be specified in
this behalf.
(3) The notification issued under sub-section (1) shall be laid before the
State Legislature for a period of fourteen days comprising of one or more
session.
(4) On and from the date of issue of such notification , it shall be
deemed to have been established and incorporated as a University by the
name of AIPH University, Odisha which shall be a body corporate having
perpetual succession and common seal, with power, subject to the provisions
of this Act, to acquire and hold property, to contract and do all things
necessary for the purposes of this Act and shall be sued by the same name.
Establishment
and
incorporation
of the
University.
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(5) The University shall be located within Jatni Tahasil, Khurda, Odisha.
(6) In all suits and legal proceedings by or against the University, the
pleadings shall be signed and verified by the Registrar and all processes in
such suits and proceedings shall be issued to, and serviced on, the Registrar.
4. (1) The Sponsoring Body shall establish an Endowment Fund of four
crore rupees to be deposited in maximum four equal installment s within a
span of four years from the date of publication of this Act in the Odisha
Gazette.
(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 Government.
(3) Except in the event of dissolution of the University, no money can
be transferred from the Endowment Fund under any circumstance for other
purposes.
(4) Out of the income received from the Endowment Fund, the
University may utilize such sum of amount as may be determined by the
Government for the purpose of development of the University and the
remaining amount shall be reinvested in the Endowment Fund.
5. The objective of the University shall be,
(i) to develop and disseminate knowledge in the field of public
health, clinical research, technology and other field s of
science and humanities for the advancement of mankind;
(ii) to develop, educate and conduct research in the fields of
epidemiology, health services and health systems, behavioral
health, health promotion, occupational and environmental
health, health finance, economics and global health;
(iii) to disseminate, create and preserve knowledge and
understanding by teaching, research, training and service and
effective demonstration to influence building of a healthy
society;
Endowment
Fund.
Object of the
University.
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(iv) to create centers of exc ellence for providing knowledge,
education, training and research facilities of high order in the
fields of public health and allied health sciences, technical
and other related professional education;
(v) to create capability for upgrading science and tech nology
infrastructure to the global standards;
(vi) to develop training facilities in higher education;
(vii) to provide for inter -relationships for national and global
participation in the field of public health, other sciences,
humanities and in other fields; and
(viii) to develop patterns of teaching in undergraduate and post
graduate level on public health education in all its branches
so as to set a high standard of such education.
6. No person shall be excluded from any office of the University or from
membership of any of its authorities or from admission to any degree, diploma
or other academic distinction or course of st udy on the sole ground of sex,
race, creed, caste, class, pl ace of birth, religious belief or political or other
opinion:
Provided that for the purpose of admission of students , the University
shall reserve seat for candidates of Odisha domicile at such percentum as
may be decided by the Government.
7. The University shall obtain permission or recognition, as the case
may be, from the concerned Regulatory Body for conferring graduate or post -
graduate degree on public health education.
University
opens to all
irrespective
of caste,
creed, class,
sex or
opinion.
National
Accreditation.
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8. Subject to the provisions of this Act and in conformity with the U.G.C
norms and norms of other Regulatory Bodies, the University shall exercise the
following powers and perform the functions, namely: –
(i) administer and manage the University and such centers for
research, education and instruction as are necessary for the
furtherance of the objects of the University;
(ii) provide for instruction, training and research in such
branches of knowledge or learning pertaining to public
health, environmental health, occupational health and its
allied sciences, technology, humanities and other emerging
fields and for their advancement and dissemination;
(iii) conduct innovative experiments in new methods and
technologies in all fields of knowledge of public health in
order to achieve international standards in such education,
training and research;
(iv) prescribe courses and curricula for undergraduate, post -
graduate and super specialization studies;
(v) hold examinations or grant such degrees, diplomas ,
certificates and other academic distinctions and titles in
undergraduate and post graduate public health education as
may be laid down in the Regulations;
(vi) withdraw or cancel degrees, diplomas, certificates or other
academic distinctions or titles in the manner as may be
prescribed in the Regulations;
(vii) the University shall not undertake any programme under
distance mode as per the guidelines prescribed;
(viii) confer honorary degrees or other distinctions in the manner
as may be prescribed in the Regulations;
Powers and
functions of
the
University.
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(ix) establish Off-campus centers or study centers as are in the
opinion of the University, necessary for the furtherance of its
objects;
(x) sponsor and underta ke research in all aspects o f public
health;
(xi) collaborate or associate with other institutes, Universities
and authorities within or outside India in conduct of research
and higher education in the field of public health including
such other purposes as may be prescribed;
(xii) develop and maintain relatio nship with teachers,
researchers and domain experts in the fields of public
health, allied health science and technology, humanities and
such other fields for achieving the object ives of the
University;
(xiii) regulate the expenditure and manage the finances and
maintain accounts of the University;
(xiv) receive funds from industry, national and international
organizations or any other sources as gifts , donations ,
benefactions, bequests, loans and by transfers of movable
and immovable properties for the purposes and objects of
the University;
(xv) establish, maintain and manage halls and hostels for the
residence of students and staff;
(xvi) supervise a nd control the residence and regulate the
discipline of students of the University and make
arrangements for promoting their health and general we lfare
and cultural activities;
(xvii) fix, demand and re ceive or recover fees and such other
charges as may be prescribed by the Regulations:
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Provided that the University while fixing the fee shall
follow the fee structure of the norms and guidelines
prescribed by Regulatory Bodies in adherence to the fee
control regulations of the Government;
(xviii) award fellowships, scholarships, p rizes and medals to
worthy individuals and students;
(xix) purchase or take on lease or acc ept as gifts or otherwise
any land or building or works which may be nece ssary or
convenient for the purpose of the University and on such
terms and conditions as it may think fit and proper and to
construct or alter and maintain any such buildings or works;
(xx) sale, exchange, lease , mortgage or otherwise dispose of all
or any portion of the properties of the University, movable or
immovable, on such terms as it may think fit and consistent
with the interest, activities and objectives of the University:
Provided that no portion of the land le ased out by the
Government shall be put to sale or otherwise transferred
without prior approval of the Government.
(xxi) raise and borrow money on bonds, mortgages, promissory
notes or other obligations or securities founded or based
upon all or any of the pr operties and assets of the Univ ersity
or without any securities and upon such terms and
conditions as it may thin k fit and to pay out of the funds of
the University, all expenses incidental to the raising of
money, and to repay and redeem any money borrowed;
(xxii) invest the funds of the Univer sity in or upon such securities
and transpose any investment , from time to time , in such
manner as it may deem fit;
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(xxiii) admit students for the courses offered by the University in
the manner as may be prescribed by the Regulations;
(xxiv) create teaching, technical, admini strative, ministerial and
other posts and to make appointments thereto;
(xxv) regulate and enforce discipline among the employees of the
University and to provide for such disciplinary measures a s
may be prescribed by the Regulations;
(xxvi) institute professorships, associate professorships, assistant
professorships, lecturerships, instructorships, internships
and any other teaching, academic or research posts and to
prescribe qualifications and remunerations for them;
(xxvii) prescribe for a degree and the post graduate degree or
diploma programmes with the approval of the Academic
Council and the Board;
(xxviii) provide to the U.G.C. all the relevant information relating to
the degree and post -graduate degree or d iploma
programmes including the curriculum structure, contents,
teaching and learning process, examination and evaluation
system and the eligibility criteria for admission of students in
the pro-forma prescribed by the U.G.C. prior to starting of
these programmes; and
(xxix) do such other acts and things as the University may
consider necessary, conducive and incidental to the
attainment or expansion of all or any of the objects of the
University.
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CHAPTER III
AUTHORITIES AND OFFICERS OF THE UNIVERSITY
9. The following shall be the authorities of the University, namely:
(a) the Board of Governors;
(b) the Academic Council;
(c) the Finance Committee;
(d) the Board of Examinations; and
(e) such other authorities as may be d eclared by the Regulations
to be the authorities of the University.
10. (1) The Board of Governors of th e University shall be the apex
executive body and shall consist of the following members, namely:
(i) The President who shall be the chairman of the Board;
(ii) two members of the Sponsoring Body to be nominated by the
President;
(iii) the Vice-Chancellor of the University;
(iv) one Dean from any discipline of the University, by rotation, to
be nominated by the Vice-Chancellor;
(v) Secretary to Government in the Department of Health and
Family Welfare who shall be the ex-officio member;
(vi) two expert academicians in the field of public health to be
nominated by the President;
(vii) two experts in the field of finance, law, management,
humanities or civil service, to be nominated by the President;
(viii) two representatives from any company, corporation, or Public
Sector Undertaking under the control of the Government to be
nominated by the President; and
(ix) the Registrar who shall be the Member Secretary of the Board
of Governors of the University.
Authorities of
the University.
Board of
Governors.
13
11. (1) Subject to the provisions of this Act , the Board shall be
responsible for the general superintendence, directions 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 Academic Council and the
Finance Committee.
(2) Without prejudice to the provisions of sub -section (1) , the Board
shall have the following powers and functions, namely:
(i) take dec ision o n all questions of policy rela ting to the
administration and working of the University;
(ii) institute courses of studies at the University;
(iii) make Regulations;
(iv) consider and approve the annual report a nd the annual
accounts of the University for every financial year;
(v) invest monies and funds of the University and take decision
on the recommendations of the Finance Committee;
(vi) publish or finance the publication of studies, books,
periodicals, reports and other literature and to sell or arrange
for the sales of such things as it may deem fit , from time t o
time;
(vii) create or abolish po sts of teachers and other employees of
the University and fix their remunerations;
(viii) appoint such committees as it may consider necessary for
the exercise of its powe rs and the performance of its du ties
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 all such other powers for achieving the
objectives of the University.
Powers and
functions of
the Board.
14
Terms of
office and
vacancies
among
members
of the
Board.
(3) The Board shall, with n ecessary documentations, apprise the
Sponsoring Body all resolutions and decisions it passes, from time to time.
(4) The Board may delegate any of its powers to the President, Vice-
Chancellor, Deans, Registrar or any other officer, employee or authority of
the University or to a committee appointed by it.
(5) The Board shall meet at least twice in a calendar year at such time
and place as the chairman thinks fit.
12. (1) Save as otherwise provided in this section the terms of
nominated members of the Board except the ex-officio member shall be three
years from the date of nomination.
(2) Any vacancy in the Board in respect of a nomi nated member
occurring before t he 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.
(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 from his office by giving such notice in
writing addressed to the President but, he shall continue in office until his
resignation has been accepted by the President.
(5) Non-acceptance of resignation by the authority , within a period
of three months from the dat e it is received by the authority, shall be deemed
to have been accepted unless, it is withdrawn before expiry of the said period.
(6) An outgoing member shall be eligible for re-nomination.
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Powers and
functions of
the Academic
Council.
Academic
Council.
13. (1) The Academic Council of the University shall consist of the
following members, namely:
(i) the Vice-Chancellor of the University who shall be the ex -
officio Chairman;
(ii) two academicians to be nominated by the Board;
(iii) two external academicians or professionals in the areas of
public health, allied health and of science and technology or
other fields to be nominated by the Vice-Chancellor;
(iv) two Deans from any discipline of the University, by rotations,
to be nominated by the Vice-Chancellor; and
(v) one Professor from any discipline of the University, by
rotation, to be nominated by the Vice-Chancellor.
(2) The 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 me mbers o ther than the ex -officio
member shall be three years.
14. Subject to the provisions of th is Act and the Regulations , the
Academic Council shall have the following powers, namely:
(i) exercise control and general regulation over the academic
policies of the University and be responsible for maintenance
and improvement of standards of instruction, education and
evaluation in the University;
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Finance
Committee.
(ii) consider matters of general academic interest either on its own
initiative or on a reference from the Faculty of the University or
the Board and to take appropriate action thereon;
(iii) recommend to the Boa rd such Regulation s as are con sistent
with this Act regarding the academic policies and programmes
of the University including discipline of students; and
(iv) exercise such other powers and perform such other functions as
may be conferred or imposed upon it by the Regulations.
15. (1) The Finance Committee who shall be the Principal F inance
body and shall consist of the following members, namely:
(i) the Vice-Chancellor of the University who shall be the ex-Officio
Chairman of the Committee;
(ii) one member of the Board to be nominated by the President;
(iii) one representative of the Sponsoring Body to be nominated by
the President;
(iv) one Dean of the University, by rotation, to be nominated by the
Vice-Chancellor; and
(v) one expert in the field of Finance t o be nominated by the
President.
(2) The Registrar shall be the non -member Secretary of the
Committee.
(3) An outgoing member shall be eligible for re -nomination for the next
term.
(4) The term of office of a member , other than the ex -officio member
shall be three years.
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Powers and
functions of
the Finance
Committee.
Board of
Examination
and its
power and
function.
16. Subject to the other provisions of th is Act, the Finance Committee
shall have following powers and functions, namely:
(i) examine the annual accounts and annual budget estimates of
the University and advise the Board thereon;
(ii) review the financial position of the University from time to time;
(iii) make recommendations to the Board on all financial policy
matters of the University;
(iv) make recommendations to the Board on all proposals involving
raising of funds, receipts and expenditure;
(v) provide guidelines for investments of surplus funds;
(vi) make recommendations to the Boa rd on all proposals involving
expenditure for which no provision has been made in the
budget or for which expendi ture in excess of the amount
provided in the budget has been or has to be incurred;
(vii) examine all proposals relating to revision of scales, up -
gradation of scales and those items which are not included in
the budget, before they are submitted to the Board; and
(viii) exercise such other powers and perform such other functions
as may be conferred or imposed upon it by the Regulations.
17. (1) The Board of examination shall consist of the following
members, namely:
(a) the Vice- chancellor;
(b) the Dean of the concerned Faculty; and
(c) two membe rs to be nominated from amongst post
graduate teachers.
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(2) The Board of examination shall have such powers and functions
as may be prescribed in the Regulations.
18. (1) The following shall be the officers of the University, namely:
(a) the President;
(b) the Vice- Chancellor;
(c) the Deans;
(d) the Registrar;
(e) the Comptroller of Finance;
(f) the Controller of Examination; and
(g) such other persons as may be declared by the
Regulations to be Officers of the University.
19. (1) The Secretary of the Sponsoring Body shall be the President of
the University and he may designate , by order in writing , any member of the
Board to act as the President of the University in his absence for such period
as he may specify, who may be called the designated President.
(2) The President shall chair all meetings of the Board.
(3) The President shall preside over the Convocation of the
University.
(4) The President shall exercise such other powers and perform
such other duties as may be assigned to him by this Act or the Regulations.
President
of the
University
.
Officers of
the
University.
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Vice-
Chancellor.
Powers and
duties of Vice-
chancellor.
20.(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 in the field of public health to be nominated
by the President;
(ii) 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.
(3) The terms of office of the Vice-Chancellor shall be determined b y
the Board for a period not exceeding five years.
(4) Where a vacancy in the office of the Vice-Chancellor occurs 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 may, from time to time, extend the term for a period not
exceeding one year.
(5) The conditions of service of the Vice-Chancellor, including sa lary,
allowances, leave, pension and Provident F und shall be such as may be
prescribed by the Board and until so prescribed, shall be determined by the
President.
21.(1)The Vice-Chancellor shall be the Chief Exec utive and academic
officer of the University.
(2) the Vice-Chancellor shall,
(i) exercise general supervision and control over the affair s of
the University;
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(ii) ensure implementation of the decisions of the authorities of
the University;
(iii) be responsible for imparting instruction and maintenance of
discipline in the University; and
(iv) exercise such o ther 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
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 the President or an
authority or a body of the University empowered by 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 authority or body is of the opinion that such action
should 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
it 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 empowe red to approve such
appointment in accordance with the provisions of this Act and the
Regulations, not later than six months from the d ate of order of the Vice-
Chancellor, otherwise the same shall cease to have effect on the expiration of
a period of six months from the date of order of the Vice-Chancellor.
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Registrar.
22. (1) The Registrar shall be appointed i n such manner and on such
terms and conditions as may be prescribed.
(2) The Registrar s hall have the following powers and duties,
namely:
(i) to be responsible for the custody of records, common seal ,
the funds of the University and all other propert ies of the
University;
(ii) to place before the Board and other authorit ies of the
University, all such informations as may be necessary for
transaction of its business;
(iii) to be responsible to the Vice-Chancellor for the proper
discharge of his functions;
(iv) subject to the control of the Vice-Chancellor, he shall be
responsible for the administration and services of the
University and shall conduct the examinations and make
all other ar rangements necessary therefor and be
responsible for the execution of all process connected
therewith;
(v) attest and execute all documents on behalf of the University;
and,
(vi) 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-
Chancellor.
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Deans.
Comptroller
of Finance.
Controller of
Examinations.
Other officers.
23. (1) The Deans of the University shall be appointed by the Vice-
Chancellor with the approval of the Chairman of the Board from amongst the
Faculties of the University as may be prescribed.
(2) The Deans shall assist the Vice-Chancellor in managing the
academic affairs of the University and shall exercise such powe rs and
perform such functions as may be prescribed or be entrusted to them by the
Vice-Chancellor.
24. (1) The Comptroller of Finance shall be appointed by the President
in consultation with the Finance Committee.
(2) The qualification and experience required, mode of selection,
emoluments, other conditions of service, powers, functions, duties and
responsibilities etc. for the post of Comptroller of Finance shall be such, as
may be prescribed in the Regulation.
25. (1) The Controller of Examinations shall be appointed by the Vice-
Chancellor in such manner, on such emoluments and such other conditions of
services and shall exercise such powers and perform such functions, as may
be prescribed in the Regulations.
26. The manner of appointment, emoluments, power and other
conditions of service of such other officers of the University shall be such, as
may be prescribed in the Regulations.
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Funds of the
University.
CHAPTER IV
MISCELLANEOUS PROVISIONS
27. (1) The University shall establish a General Fund to which following
amount shall be credited, namely:
(i) all monies provided by the Sponsoring Body;
(ii) all fees and other charges received by the University;
(iii) all monies received by the University by way of loans,
gifts, donations, benefactions, bequests or transfers;
(iv) all monies received b y the University from collaborating
with industry in terms of the provisions of the
Memorandum of Understanding between the University
and the Industry for establishment of sponsored Chairs,
Fellowships and inf rastructure facilities of the University ;
and
(v) all monies received from national, international
philanthropies, and non -governmental agencies within
and outside India which are not prohibited by any law for
the time being in force.
(2) All Funds of the University shall be deposited in such Banks or
invested in such manner as the Board, may decide on recommendation of the
Finance Committee.
(3) The Fund established under this section shall, subject to the
general supervision and control of the Board be regulated and maintained in
such manner as may be prescribed.
(4)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.
24
Accounts
and audit.
Annual
Report.
38 of 1949.
28. (1) The University shall maintain proper accounts and other records
and 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.
(2) The Univers ity shall adopt a proper system of inter nal checks
and balances and controls in the discharge of its finance, accounting and
auditing functions as may be prescribed.
(3) The Accounts of the Universi ty 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 shall be certified by the person
or firm so appointed or any other person authorized in this behalf, together
with the audit report thereon, shall be plac ed 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 with such instructions.
(5) The Accounts of the University s hall 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 b e placed before the Board for
review.
29. (1) The Annual Report of the University shall be prepared under the
direction of the Vice-Chancellor and shall be submitted to the Board for its
approval.
(2) The Board shall , consider the annual report in its meeting and
may approve the same with or without modification.
25
Pensions
and
Provident
Fund
Acts and
proceedings
not to be
invalidated
by vacancies.
Returns and
information.
Management
of University
on
dissolution.
19 of 1925.
(3) A copy of the Annual Report duly approved by the Board shall
be sent to the President and to the Government on or before the 31 st
December following the closure of the financial year on the 31 st March each
year.
30. (1) The University shall , with the approval of the Board , constitute
for the benefit of its officers, teachers and other employees in such manner
subject to such conditions , as may be pres cribed, such schemes of pension,
Provident Funds and insurance as it deem fit and also aid in establishment
and support of the associations, institutions, funds, trusts and conveyanc e
calculated to benefit the staff and the students of the University.
(2) Where any such Provident Fund has been so constituted, the
provisions of the Provident Fund Act, 1925 shall apply to such funds as if it
were a Government Provident Fund.
31. No act or proceeding of the Board or any Authority of the University
or any Committee constituted under this Act or by the Regulations shall be
questioned on the ground merely of the existence of any vacancy in, or defect
in, the constitution of the Board, Authority or Committee of the University.
32. The University shall furnish to the Regulatory Bodies such reports,
returns, statements and other inf ormation as may be required by them, from
time to time.
33. (1) If the Sponsoring Body proposes the dissolution of the
University it shall give a notice to that effect in the prescribed manner to the
Government, the employees and the students of the University at least one
year in advance:
Provided that dissolution of the University shall take effect only after
the last batches of students of the regular courses who have been admitted
26
Regulations.
before issuance of notic e have completed their courses and they have been
awarded degrees, diplomas or awards, as the case may be.
(2) On dissolution of the Unive rsity all the assets and liabilities of
the University shall vest in the Sponsoring Body, except the land, if any,
leased out by the Government which shall be resumed by the Government.
34. (1) Subject to the provisio ns of this Act and in conformity with the
norms o f the U .G.C., the Board shall have, in addition to all other p owers
vested in it, the p ower to ma ke Regulations to provide for the administratio n
and management of the affairs of the University:
Provided that the first set of Regulations shall be prepared by the
Board and shall be submitted to the Government for approval:
Provided further that no amendment to the first set of Regulation s shall
be made by the Board without approval of the Government.
(2) In particular 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 the meetings of the Authorities of
the University other than the f irst meeting of the Board
and the quantum and conduct of business at such
meetings;
(ii) constitution, powers and duties of the authorities, bodies
and other committees of the University established under
this A ct including the qualifications and disqualifi cations
for members of such Authorities, term of office of the
members, appointment and removal of members thereof
and other matters connected therewith;
27
(iii) 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;
(iv) procedures to be followed for cr eation of centers of
excellence and management of the centers;
(v) the admission procedure and fixation of fees in conformity
with the norms and guidelines prescribed by the U.G.C. ,
other concerned Regulatory Bodies and in adherence to
the fee control regulation of the Government;
(vi) the procedure to be followed for enforcing discipline in the
University;
(vii) the management of the properties of the University;
(viii) degrees, dipl omas, 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 and other academic
distinctions and titles and the requirements thereof;
(ix) conduct of examinations including the term of office and
appointment of examiners;
(x) creation of posts of P rofessors, Associate Professors,
Assistant Professors, Readers, l ecturers, instructors or
equivalent academic designations or posts, off icers and
employees of the University and the appointment of
persons to such posts including the qualifications
requisite therefore;
28
(xi) the manner and conditions f or constitution of Insurance,
pension and provident funds and such other schemes for
the benefit of officers, teachers and such other employees
of the University;
(xii) the terms and conditions applicable for association of the
University with other institutions;
(xiii) preparation of budget estimates a nd ma intenance of
accounts;
(xiv) mode of execution of contracts or agreements by or on
behalf of the University;
(xv) classification an d procedure for appointment of officers
and staff of the University;
(xvi) terms and tenure of appointments, salaries and
allowances, contractual services, rules and discipline and
other conditions of se rvice of the Vice-Chancellor, other
officers, teachers and employees of the University;
(xvii) all terms and conditions governing deputation of officers
and staff of the University;
(xviii) the powers and duties of the Vice-Chancellor and other
officers, teachers and employees of the University;
(xix) the terms and conditions g overning fellowship,
scholarships, stipends, medals and prizes;
(xx) authentication of the orders and decisions of the Board;
(xxi) all matters relating to hostels and hall s of residence
including disciplinary control therein; and
(xxii) any other matter in relati on to administration,
management and control of the University.
29
Transitory
provisions.
Power to issue
directions.
Filling of
casual
vacancies.
Protection
of action
taken in
good faith.
35. Any casual vacancy among the members, other than ex -officio
members, of any authority or Body of the University shall filled in the same
manner in which the membe r whose vacancy is to be filled , 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.
36.(1) No suit or other legal proceedings shall l ie 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 provision of this Act or the
Regulations.
(2) Nothing in sub -section (1) shall be a bar for filing suits,
prosecution or other legal proceedin gs for anything done in contravention of
the provision of this Act and the Regulations made thereunder.
37. Notwithstanding anything contained in this Act , the Vice-Chancellor
may, 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 Act and the Regulations and for that
purpose may exercise any power or perform any duty which, by this Act and
the Regulations, are to be exercised or performed by any Authority of the
University until such Authority comes into existence as provided by this Act
and the Regulations.
38. The Government shall have powers to issue directions, from time to
time, as may be required to be followed by the University under the provisions
of this Act and the Regulations made thereunder and under any other law for
the time being in force.
30
Financial
liability of the
Government.
Delegation
of powers.
Removal of
difficulties.
39. The Government shall not bear any financial liability for
establishment of the University or for any action of the University or its officers
or functionaries.
40. Subject to the provisions of this Act and Regulations, any off icer or
authority of the University may, 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 ultimate responsibility for the
exercise o f the power so delegated shall continue to vest in the officer or
Authority delegating them.
41. (1) If any difficulty arises in giving effec t to the provisions of this
Act, the Government may, by order make such provisions, not inconsistent
with the provision of this Act, as may appear to it to be necessary or
expedient, for removing the difficulty:
Provided that no such order shall be made after the expiry of a period
of two years from the date of commencement of this Act.
(2) Every order made under sub -section (1) shall, as soon as may
be after it is made, be laid before the State Legislature.
By order of the Governor
B.P.ROUTRAY
Principal Secretary to Government
________
Printed and published by the Director, Printing, Stationery and Publication, Odisha, CuttacExcerpt shown. Open the full act in Lexace.
Lex