LexThe Central Universities Act, 2009
Punjab · state statute
Open in Lexace · Ask the AI about this actmip**Wm- rwmsnc~ -0. ~ ~ ~ w d - - n mlum -Y mn-WI PARTU-- 1 !Mmitrmfka .I PUBLISHED BY AUTHORITY d.271 flhwAlhwA~rlrfm.~/129~,1930 Na 271 NEW DEW. FRIDAY. MARCH 24 XI9129 Phrkm~. 1930 MMISTRYOFLAW AND JUSTICE (LegislativeDepartment) New Lklhi the20th Ma4 2009/PhaIp29, 1930 &&a) The following Act of parliament received the went of the President on the _I- ZOthManh, 2009. mdhh&y publisted for gcncral infirmstion:- THE CENTRALUNIVERSITIESACT, 2009 NO.25 OF2009 9 (20thMID-c~.ZOOS.] AnAct toestablishandincorporateuniversitiesforteachingandmsach inthe variousStatesandtoprovideformattersconnectedtbenwithoriocidental BEitmacted by Puliunent mthe SixtiethYearofthe Republic of India- followr:- 1. (I) This Act may be called the CentralUniversities Act, 2009. Shon litls and (2) It shall be deemed to have come into force on 15thday of January, 2009. -1 2. In this Act, and in all Statutes made hereunder, unlen the context otherwilc Definitions. requires,- (a) 'Academic Council" means the Academic Council of the University; . (b)"academic staff' means such categories of staff as am designated macademic sraff by the Ordinances; (c) 'Board of Studies" means the Board of Stidies of a Department of the University; (4"College" means a college maintained by the University.; (e)~Chanoellor",'V~IIelld'and mean, rrspectively,"Prc-ViecChancellor" the Chancellor, Vimoellor and Ro-ViceChancellor of the University; V)"Court" means the Court of the Univenity, (g)"Depmt" nuama DeparhmntofShdies and includes a Cannofstudies; (h) "dutnnce education system" maim me system of imparting educntion through any nyof urnmuniatim, such as broadcasting, telecastit)& in- wrrcspondencs comes, minus,wnfact proves or the ambi of my A YO ormoresuch means; (13"empl~yee" mans any p n appointed by the University and includes teachers and dhcr staffof the University; (j)"Executive Council" maim the Executive Council of the Univmity; (k) "Hall" mans a unit of midarcor ofcorporate life for the students of the, University, or of a Ccllege or an InrtitutMn, maintained by the University; (0"LnstiMion" mew an audrmic hwtitution, not being a College, maintained by the University; (m) "RincipJ" nuamthe Headof aCollege or an InstiMion maintained bythe Un~vasity and incllldrs, wherethuc isw Rimi, the penon forthe time beii duly appointedto act cu Principal, and in the absencaof& htipal, ortheacting Princiil, a Vice-Principal duly appointed cu such; (n) "RsguMomnmedm thc Rsguhlionsmsdeby any authorily of the University under this Act for thetime Wing in fwce, (0) "School* means a School of Scudiw ofme Universrty; @) "Statutes" and "Ordinances" mean, respectively, the Statutes and the Ordinances of theUnivmity for the tiine bclng 1n force; (q) "teachers of the University" means Professors, Aswciate Professors, Assistant Professors and such other persons as may be appointed for impart~ng inmuctlk or conducting research in the University or in any College or Inn~Mion maintained by the Univasity and urc designated as teachers by the Ordinances; and (r)"Universityn mansa Univers~ty established and inwrpomted acaUn~versity under thyl Act Eslrblnrbmcnt 3. (1) The GUN Ghasidas Vishwavidyalaya in me State of Chhattiignrh and Doctor of Hariiingh Gour V~vidyalaya in the Srare of Msdhya Radnh, establi undw the Un~vsnltles. MadhyaRadQhpAdhhiym, 1973.d Hand Nandm Bahuguna Garhwal Madhy. University in the SWe ofUttarakhand, established under the Utlar Pradesh State Universities htkb Act 22 of 1973Act, 1973, shall be established as bodies corporate under this Act by the same names of Rccldmrs.4cl "GuI-J Ghcuidas Wshwavidphys". "Dodor HarisinghGour Viwavidyslaya"and"Hemvsti ,973 Nandan Bahuguna Gsrhwal University", respectively. (2) The headquattm of GUN Ghmidas Vishwavidyalaya, Donor Harisingh Gour Vishwavidyahya and Hemvati Nandan Bahuguna Garhwal University shall be at Bilaspur, Sagar and Srinagar, respectively. (3) The jurisdiction of GUN Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hetnvati Nandan Bahuguna Garhwal University, shall extend to the Bilaspur, Raigarh and Surguja districts of the State of Chhanisgarh, the Sagar. Tikamgarh, Chhatarpur, Panna. Chhindwara and Damoh districts of the State of Madhya Pradesh, and the Chamoli, Dehradun, Garhwl, Hardwar, Rudraprayag,Tehri G&wl and Ultarkashi di&& of the State of Uttarakhand, respectively. SEC. I] THE MZElTE OF INDIA EXTRAORDINARY 3 (4) There shall be established, the Universities in the various States as bodies corporate, by such names and territorial jurisdiction, mqccifid in the Fi Schedule tothii Act. (5) The hcadquarDers of csh of theUniversities, referredto insub-wqimn (4). shall be such asmay be specified by the Centd Govcm~t by notification in the Ofticid Gazeme. (QThefirrtChsncelloc,UICfirstW~UorandhfintlmmbcrsofUICCourt, the Executive Cwhcil and the Acdanic Wil of esch Unlvasity. ud all prmauwho may hcnaRsr kawu,such oflicaa w slankn,m longssthey to hold such office or memknhip, am hereby coartiaaedsbody carporate by the a~lcofthe University. (7)The Unimity shall have pcrpehralsuccession and a common seal,and shall sue andbesdbythcraidnmo. 4. On and from the dale of wmmcclamcnt of this Act,- Effeci of ut~bltshmsnt (a) any rrfcrcihxto Gw Ghuidas Vi8hwavidyehp. Docfor Heriingh Gour of VumVandyalayaor HanvatiNandvl Muguns Gamwal University. in my contractor otba inshument shsll kd d Ma mfutnw to Gw GhPi ~imvidplaya Doctor Harisingh Gour Viwdndyslaya, and Hemd Nandm Bahuguna Gamml University, mpcctively, established under this Act; (b) all pmpertics, movable and immovable. of or belonging to Guru Ghuidar Viwavidyahya, Dnctot Hsrisingh Gow Viwvidyalaya and Hemvui Neadnn - BahylunaGa~itwalUniversity, shall vest in Guru GhPi W8hwavidyrlay1, Dodor Wiingh Gour Vihwavidyd*ls w Hannti NanQn BabugunaGarhwalUnivaity, m the case may be, esrabli undu this Act; (c)dlrighband liilitiw ofWGhasidas Vidydayr, DoctorHuisingh GourVihwavi* and Hanvrti N.nQn Bshupnm Osrbml Univmity, dyll k mnsfmed to,and be the rights and liabiliw of, GUM Ghmldg V&wsv(dplayr, Doctor Harisingh Gour Vihvidyakp and Hand Nud.n Bahugu~ Ghl University, rcspcctively, sstrblikhed under thia Aet; (4everypason employedbyGw Gharidar Vuhmvidy&p, DoawHa&i Gw Vuhwa- and HanvatiNandsl Bahuguaa Gd~wal Univcni, inuncdiily bchre he commencement ofthis Act shall hold his office or rcniccin Guru Ghasidar Vishwavidyalaya. Doctor Harisingh Gour Vihwavidyalaya and Hemwti Nandan Bahugunn Gdwal University, rarpcctively, esiabliahcd undu this Ad by the same tenure, at the pame mumuationand upon UIC rams mu and condimna andwith the pame rigNs and privileges uto pauion, leave. gmmity, pmvida~t fwd and other mancm as he would have held the lamif this Aa had not bcm enactcd and shall continue to do sounless and until bis employment is terminated or until such tenure, remuneration and tms and conditions areduly altered by the Stntutes: Provided that if the alterallon somade IS not acceptable to such anploya, he employment may be terminated by the University in accordance with the terms of the contnn witJ~the einployec a.ifmprovision is made therrmin thiu behalf,on payment to him by the University, of compmsation equivalent to three months' remuneration In case of permanent employes and one month's remuneration in he case of other employees. Provided further that every person employed before the commencement of this Act, pending the execution of a contract under section 33, shall kdeemed to have been appointed in accordance with the provisions of a wnbact consirtent with the provisim of this Act and the Statutes: Prov~ded also that any reference, by whatever form of words, to the V~ce- Chancellor and Prc-Vice-Chnnwllor of GUN Ghasidar WshwavidyalayP, Doctor Harlsingh Gour Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University, in any law for the timebelng in force, or in any Instrument or other document, shall be 4 THE GAZETTE OF NDIA MTRAORDINARY PARTIC construed aia reference to the VicoChanccllor and the Pro-ViccChancellor of GUN Ghasidas Vishwavidyalaya, Jhctor Harisingh Gour Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University, as the case may be, established under thisAct; (e)theVihancellors of Gw Ghaidsr V'iwavidyala)9and Doctor Hariiingh Gour Vishwavidyalaya, appointed under the provisions of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973, and the ViChancellor of Hcmvati Nandan Bahuguna GaM Univcraity, appointed under the provisions of theUttar Pradcsh Slatt Univasitics Act, 1973, rhrll be deemed to haw been appointed as the Vi Chancellors under hiis Aq and ahall hold office for a pcriod of thrcc months or till such timeli~~firal VicoChancellor is appointed underdon 44 ofthe A* whihmr is earlier; and Madhya Pndesh 22 of 1973mldsn,,a lo 1973. V) all Colleges, Institutionq Schook or Facultis, and DqWmnts aflilii to, or admitted to the privileges of, or maintai& by, GUN Ghidas Viwavidyalaya, Doctor Harisingh Gour Vurhwavidyalaya and Hmti Nandan Bahuguna Garhwal Univcnity ahall std aftilialed to, ofdmitcsd to the privikgcs of, or maintained by, GuruGhssh VismVavidy.by4Doftor%isin& Gour Vkhwadydqn and Hcmvati Nandan Bahuguna Garhwal Uniumity, mpaively, established under him Act ob~setsof UnlverslV. 5. The objbers of the University shall be to disseminate and advance knowledge by providing imtructiod andrssavch facilities in such branelm of learning as it may dm fit; to make special provisions for intsgrated wursn in humanities, swial ecisnces, sciena and technolo& in its educational programines; to take appropriate mmures for promoting inmvations in teaching-lcaming procas Md interdisciplinary sludies and rmarch; to educate and train manpower forthe development of the country,to dlish llnm with indluhies for the promotionof scisnu srd technology, and to pay syspccirllacmion to the impm- ofthe socirl andCQ)OO& diand wehe ofthe pcopk, their 'mllstual, academic nod cultursl devebpment POW^ of Unlvcrslty 6. (I)The University shall have the following powers, namely:- (0 to provide for instruetiom in sffih bmches of learning like natural sciences, wial sciences, humanities, engimriig, technology and medicine as the University may, 'om time to time, determine and to imkc provisions for research and for the advancement and diiscminaIi~1 of knowledge; (ii) to pt, subjedtosuchmndiions athe Univcnity may determine,diplomas or certificatesto, wd wnfer degrcesor other scademic distinction3 on, persons, on the his of cxami~utions, enlustion orany other method of testing, Md to withdraw any such diplomar, mtifiicatcs, degree! or other acadanic distinctions for good and sufficient cam; (iio to organia and to undertake extramural studies, training and extension semias; (iv) to confer honorary degrees or othu distiictione in the m~mrprescribed by the Stntutes; (v) to provide facilities through the distance education system to such persons asit may dmrmine; (vf) to institute Principalships. Professorships, Associate Professorships, Assistant Professorships and other teaching or academic positions, required by the University and to appoint persons to such Principalships, Professorships. Associate Professorships. Assistant Professorships or other teaching or academic positions; (vii) to recognise an institution of higher learning for such purposes as the University may determine and to withdraw such recognition; 5 SEC.I] THE GAZETIT OF INDIA EXTRAORDINARY (vii~] to appoint persons working in any other University or academic institution. includingthose located wflidethe country,asteachers of the University for a specified per~od; (*)to create administdvc, ministerial and otherporn and to make appoinbnenb thereto; (x) towperate or colhborate or assmime withanyok University orauthority or institution of higher bming, including thasa lo- outaide the countiy, in such manner and for such purposes mtheUniversity may debmine; @I) to esmblish such centres and specialid laboratories or other units for nrsesreh and iwbuction m are, in lhs opinion of the University, necessary for the fbrbmw of ils objecls; to instilute and award fellowships, scholarships, -iships. medals and prim; (xiil) to establish md maintain Colleges. Institutions and Halls; (xh) to mdrc provision for mearch and cadviwiy ssrvica and for that purpose to enter into such arrangenmbwhodm inrtihltiom, induelrial or~o~iautions, asthe University mayham nectssary; (xv) to organis and duu mfraher coursm. worlahops, miners and other programmu for teachers, eval~umFJ and otha academic staff; (xvb toappointonconbador omuwhs viritingRoftssors, EmuitusRofeswrs, ConsultantP and such other persons who may contribute to the advancement of the objech of the University; (xvii)to confer autonomous rtatuson a College or an hstihltion or a Depattment. m the uuc may be,in accordancewith the Statures; (xviil] todetermine standards ofadmission tot& University, which may include emination, evaluation or any other method oftcsting: (xu) m demand and receive payment of fee and other charges; (xx) to supervise the residence of the students of lhs University and to make arrangmmls for promoting (heir health and general welfan; (mi)to lay downconditions ofsewice of all categories of employees, including their code of conduct; (xxii) to regulate and enforce discipline among the students and the employees, and to take such di&iplinay measures in this regard m may be deemed by the University to be ncassar)., (xxiir] to make annngemenls for promoting the health andgeneral welfare ofthe employees; (xxiv) to receive benefactions, donations and gib and to acquire, hold and manage, and to dispose of, with the previous approval of the Central Government, any property, movable or immovable, including trust and endowment properties, for the purpooes of the University; (m)to borrow, with the previous approval of the Central Government. on the security of the properly of hUniversity, money for the purposes of the Univmity; and (mi)todo all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of ih objects. (2) In exe~iaing its powers referred to in sub-section (I),it shall be the endeavour of the University to maintain an all-India character and high standards ofteaching and nseanh, Un~vcrrity open to all canes, creeds race or class Visitor of University. 6 TIIE GAZETI% OfINDIA EXTRAORDINARY [Pur 11- and the University shall, among other measures which may be necessary for the said purpose, take, in pzuticular, the following measures, namely:- (i)admission of students and recruitment of faeulty shall bc made on all-India basis; (illadmiions of studcnts shall be mPde on mait either throuPh Common ~ntran; T~SLSwnducted individdly by the University orin combin with other Universities,or on the baais of marks obtsined in the qualifying emmination in such courses *re the intake of students is small; (iir) inter-University mobility of faeulty, with portable pensions and protection of seniority, shall be encouraged; (iv) semester system, continuous evaluation and choice-based credit system shallbe introduced and theUnivarityshall enter into agreements with other Uniwities and academic institutions for credit bawfer and joint degree programmes; (v) i~nvative courses and progranuncs of studies shall be imoduccd with a provision for periodic review and resbucturing; (v~)activc participation ofstudents shall be ensured in all academic activities of the University, including evaluation of teachers; (vii) accreditation shall be obtainod from the National Assessment and Aecred'itation Council or my ohnecerediting agency at the national level; and (viii) e-governance shall bcintroducedwith an Mve management information sysrem. 7. The University shall be open to persons of either swcand of whatever caste, creed, race or claps. and it shall not be lawful for the University to adopt or impose on any pason, any testwhatsoever of religious beliefor profewion in order to entitle himto be appointed as a teacher ofthe University or to hold any ohr offi therein or to bc admitted as a student in the University or to graduate thereat or to enjoy or exercise any privilege thereat Provided that nothing in this senion shall be d d to prevent the Univenity from making special provisions for the emplomor admission ofwomen, permm withdisabilities or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes, the Scheduled Tribes and the other socially and educationally backward classes of citizens: Provided further that nosuch special provision shall be made on thegmund ofdomicile. 8. (1) The President of India shall be the Visitor of theUniversity. (2) T%e Visitor may, from time to time, appoint one or more persons to review the work and progress of the University, including Colleges and Institutions maintained by it, and to submit a repon thereon; and upon receipt of that report the Visitor may, aRer obtainingthe views of the Executive Council thereon through the Vice-Chancellor, take such action and issue such directions, as he considers necessary, in respect of any of the matters dealt with in the reponand the University shall abide by such action and be bound to comply with such directions. (3) The Visitor shall have the right to cause an inspection to be made by such person or persons, as he may direct, of the University, its buildings, libraries, laboratories and equipment, and of any College or Institution maintained by the University; and also of the examinations, teaching and other work conducted or done by theuniversity and to cause an inquiry to be made in like manner in respect of any matter connected with theadministration or financm of the University, Colleges or Institutions. 7 Set. I] THE GAZETIE OF MDlA EXTRAORDINARY .-- -.-. ... . -- (4) The Vtsitor shall, in every matter referred to in sub-section (3). give notice of hi intention to cause an inspection or inquiry to be made, to the University, and the University shall have the right to make such rrprwcntaaio~to the Visitor, asit may consider necessacy. (5) Aftcr considering the representations, if any, made by the University, the Viitor may cause to be made such inspection or inquiry as is referrod to in sub-section (3). (6)Where any inspection or inquiry has bew caused to be made by the Visitor, the University shall be entitled to appoint a repmsentative, who shall have the right to be present and be heard at such inspection a inquiry. (7) TheVisitor may, if theinspection or inquiry is de in resped of the University or any College or Institution maintained by it, addrns the Vi-Chancellor with retwnce to the result of such inspection or inquiry together with such views and advice with regard to the action to be Fakcn thcr#m,uthe Viitor may be pleased to offer, and on receipt of address de by theViitor, theVibChsnccllor shall communicah, to the Executive Council, the views of the Visitor with such advice u the V~sltor rnay offer upon the actionm be laken thereon. (8)TheExdveCouncilshallcommunieatC~theVi~llortotheViitor such action, if any, u it propoasto take or haskentaken uponthemk of suchinspation or inquiry. (9)Where, theExecutive C-il doesnot, within a reasonablethe, tdrcadioo to the satisfaction of the Viitor, theVisitor may, after considering anyexplanation furnishedor representation msde by rhc~xceutiveCokil, issue such &on& m he may Ihii fit, and th; ~xwtik Councilshall comply with such direction& (10) Without prejudice to the forsgoiag pmvisions of thi Eation, theVisitor may, by order in witing. mu1 any procesdi of the University whi isnot in mformity with this Act, the Sracutcs or the Ord'ULBIW: Provided that before making any such order, he shall call upon the Regh to show cau& why such an order should not be made, and, if any cause is shown within a maonable time, he shall consider the same. I (11) The Visitor shall have swh othcr powas m may be p m i by the SMrtes. 9. The following shall be theol3icem of the Univasity, namely:- Ofiicw Of University (1) the Chancellor; (2)the VicbChsncsllor; (3)the~Vihancelbr, (4) the Deans of Schooh; (5)the R%im (6)the Finance OfSicer; (7)the Controller ofExaminations; (8)the Librarian; and (9) such other off~cers as may be declared by the Sta~utes to be the officers of the University. 10. (1) The Chancellor shall be appointed by the Visitor in such manner as may be Chancellor prescribed by the Statutes. (2)TheChancellor shall, by virtue of his office, be the head oftheuniversity and shall, if present, preside at the Convocations of the University held for conferring degrees and meetings of the Coud. 8 'WE GAZETIT OF MDlA EXTRAORDINARY [PUT ll- vtce. I I. (I) The Vihaneellor shall be appointed by the Visitor in such manner asmay be Ch'nccllOr. prescribed by the Statutes. (2) The ViceChancellor shall bathe principal executive and academic offiaer of the University andshall exercise pdsupervision andcontml overthe affairs oftk University and give to the decisiom of all &e authorities of the University. (3)TheViceChsncellor may, if he is of the opinion that immediate action is nectssllry on any matter, exercise any power wnfured on any authorityof the University by or under. this Act and shall report to such authorlty at its next meting he action taken by him on such matter: Provided thatif the auhrity corned is of tk opinion that such action ought not to have been taken, it may refcr thematter to the Visitor whose decision !herem shall be final: Provided further mst any pasonin the service of theUniversity who is sggried by the action taken by he V-lor underthis s M m shall hnw right to re- against such sction to the Executive Council within three month8 hm the date on which decision on such Mion is communicated to him and thereupon the Executive Council may ' confirm, modify or reversethe action taken by the ViebChancellor. (elkViaChncslla. ifhe isof tbe opinion mat any decision of myauthority oflhe University is beyond the powers of the authority wnfcrd by theprovisions of his Act, the Statutes or the Ordhefir orthatmy daision taken is not in the intcnst of lhe University, may ukthe auhrity concanal to revim its decision wihin sixty days of such decision and iflhe authority mAuu mreview& decision either in whole or in pat or no decision is taken by it within lhe said period of sixty days.the matm shall be rcfemd to he Visitor whose decision thereon shall be final. (5) The Villor Jhrll exercise such other powers and paform such other dutk umay be prmcribed by the Seams or theOr$~m~lfe~. pro-vice- 12.The Pro-ViceXhamxllor shall be appointed in such manner and on such terms and Ch'nccllor conditions of wryice, and shall exercise such pomp and perform such duties, is may be prescribed by the Statutes. ~eans of 13.Every Deanof School shall be appointed in such manner, and shall exercise such Scboolr. powers and perform such dutim, a may be prescribed by he Smtes. Registrar 14. (1) The Regim shall be appointed in such manner. and on such tern and conditions of sewlce, m may be prescribed by the Statutes. (2) The Registrar shall have the power lo enter intoagreements, sign documen@ and authenticate records on behalf ofthe University, and shall exercise such powers and perform such duties, as may be prescribed by he Statutes. . Financc IS. The Finance Officer shall be appointed in such manner, and shall exercise such Officer powers and perform such duties, as may be prescribed by he StnMes. Contmllcr of 16.IheConhuller of Examinations shall beappointed insuch m~ncrand shall exercise Examinations such powers and perform such duties, may be prescribed by the Statutes. L~brarian 17. The Librarian shall be appointed in such manner and on such termsand conditions of service, and shall exercise such powers and perform such duties, a may be prescribed by the Statutes. Olhcr 18. The manner ofappointment and powers and duties ofothw officersofthe University officers shall be prescribed by the Statutes. Authorities of 19. The following shall be the authorities of the University, namely:- University. (1)he Court; (2) the Executive Council; SFL.I] WE GAZETIE OF INDIAEXTMORDINARY 9 (3) the Academic Council; (4) the Board of Studies; (5)the Finance Committee; and (6) such other authorities as may be declared by the Stntutcsto be the authorities of the University. , . 20. (I) The wnstitution of the Court and the term of office of its members shall be Thc Court. prescribed by the Statures: Provided that such number of members, as may be prescribed by the Statutes, shall be elected hm among the teachers, employees and students of the University. (2) Subject to the provisions ofthii Act, the Court shall have the following powers and functions, namely:- (a) to review. from time to time, the broad policies and programmes of the University, and to suggest measures for the improvement and development of the University; (b) to wnsidw and.pars resolutions onthe annunlreport andtheannual accounts of the University and the audit report on such accounts; (e) to advise the Viitor in respect of any matter which may be referredto it f6r advice; and (4to perform such other functions asmay be presciibed by theStatutes. 21. (I)The Executive Council shall be the principal sxautive body of the University. Excculivc Council. (2) The wnstitution of theExecutive Council, theterm ofoffice of its members wd its powers and functions shall be prescribed by the Statutes: Provided that such number of members asmny be pnseribrd by the Status shall be from among he elected members of the Court. 22. (I)The Academic Council shall be the principal academicbody of the University Academic and shall, subject to the provisionsofthis Act, the Stalutes wd the Ordinances, coordinate CoYncit~ and exercise general supervision oyer the academicpolicies of the University. (2) The constitution of the Acadkic Council, the term of office of irsmembers and its powers and functions shall be prescribed by the Sratutes: Provided that such number of members as may be pmribcd by the StaMcsshall be from among the elated members of the Court 23. The wnstitution, powers and functions ofthe Boardsof Studies shall be prescribed Bods by the StaMes. of SNdics. 24. The wnstihltion,powers and fiionsofthe Finance Committee MIbe prescribed Finance by the Statutes. Committee. 25. The constitution, powek and funaions of otherauthorities, as may be declared by Other the Statutes to be the authorities ofthe University, shall be prescribed by the Statutes. aulhO'iriCs Univcrsily 26. Subject to the provisions ofthis Act, the Statutes may provide for all or any of the Vowen lo fouowing matters, namely:- makc Statures. (a)thewnstitution, powers and functions ofauthorities and other bodies ofthe University, a~ may be constituted fiom time to time; (b) the appointment and continuance in office of the members of the said authorities and bodies. the tilling up of vacancies of members. and all other matters -- Staluas, how to bc Mdc. 10 THE GAZETIE OF MDlA EXTRAORDINARY [PARTII- relating tothose authorities and other bodies for which it my be newsatyor desirable to provide; (c) the appointment, powers andduties ofthe officers of theuniversity and their emoluments; (d)the appointment of teachers, academic staff and other employees of the University, thei emoluments and conditions of omice; - (e) the appoinhnent of teachers and sesdemic staff working in any other University or arpisation for a specific periad for undertaking a joint project; V) the conditions of mice of employees including provisions for pension, insurance. provident fund, themannerof tamination of service and diiipliiary action; (g)the principled governing the seniority of service of the employcn of the University; (h) the procedure for arbiiion in cases of dispute between employw or. students and the University; (I) the pmdure for appeal lo l5e Executive Council byany employeeor student against theaction of any officer or authority of the University; Q the conferment of autonomous slatu on a College or an Institution or a Depcntmcnt; (k) tbe establishment and abolition of Schools, Departments, Centres, Halls, Colleges and Innions; (I) the wnfcnnent of honorary degrrea; (m)the withdrawal of degrees, diplomar, certificates and other academic distinctions; (n)the management of Colleges sad Institutions established by theUniversity; (0) the delegation of po- vested in the authorities or officers of the Univmity; @)the maintenmce of discipline among the employes and shldents; and (q) all oh ma- which by LRAct arc to be, or may k,provided for bythe Stetutes. 17. (I) The first Saauta are those set out inthe Second Schedule to this Act. (2) TheExcadive Council may, fmm the totima,make new or additional Statutes or may amend or repeal the Statutes refursd to in sub-section (I): Provided that the Executive Council shall not make, amend or repeal any Statutes affecting the sgtlcl, powers or constitution of any aucharily of theUniversity until such authority has been given an opportunity ofexpressing an opinion in writing on the proposed changed. and any opinion so expressed shall k considered by the Executive Council. (3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the assent of Visitor who may assent thereto or withhold assent or remit to the Executive Council for re-consideration. (4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor. (5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may make new or additional Statutes or amend or repeal the Statutes refemd to in sub- section (1) during the period of three ymrs immediately after the commencement ofthisAct: Provided that the Visitor may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed Statutes as he may consider liccessary and such dctailcd Statutes shall be laid before both Houses of Parliament. SEC.I] 1HEGAZETTE OF INDIA EXTRAORDINARY I1 (a) NotwahPtanding anpbing.Mntsincd in this Wio& the Vsitor may direct the University to make provisions in the Sotulss in respat of any matter specified by him and if'e Executive Council is unable to impluneot such diohwithin sbrty dapof itr receipt, the Visitor may, ah considering the so^,ifany, communicated by the Exccutivc Council for its inability to comply with such diion, make or amend the Statutes suitably. 1%(I) Subject ti the pmvhions of this Act and the Statutes, the Ordinances may Power ro provide for all or any of the following mtta-8,namely:- make Ordinmsea. (a)the admission of students to the University and their enrolment sssuch; (b)thecourses of study to be laid dorm for all degrees, diploman andcertificates of the University, (c) the medium of irrPtruerion and examination; (d)rheaward of dcgrees, diplomas, cettificatca and other demic diitindions, the qualifications for. me same and the means to be taken relating to thegranting and obtainimg of the same; (e) the fees to be charged for murses ofstudy in the Universityand for admission to examinations, degree and diplomas ofthe Univasity; V) the condins for award of fellowships, scholarship, sbdentrhip~ medals andprim; (8)the eonduct of examhtioaq including the tsrm ofoffice ad m~rmuof. appointmmt and the duties of examining bodies, examiners and moderators; (h) the conditions of rcsidamx of the rtudcnra of the Univeiaw, (i) the special ai-ranganentl, if any, which may be madefor the Adenca and teaching of women sh~dartsand the prescribing of special amW of studies for them; (Jthe establishment nfcentrcs of Studin. Boards of Studies. Specialid Laboratories and other Committees; (k) the manner of cooperation and collaboration with otha Univmitics. instiMions and other agencie-s includiig lead bodie-s or associstions; (I)the cmriw, cornposh andhnctkmsof any other body which is considered wcewuyfor improving the dcmic life of the Univer3ity. (m) the instiMion of fellowships, schoknhips, studentship5 md& and prim; (n) the setting up of a macbmuy for redresad of gricvcnccs of employas and students; and (0) all otha matters which by this Act, or, the Statutes. are to be, or, may be, provided for by the Ordinances. (2)Thefirst Ordinancs shaltbe msdeby he Vidhancellorwith theprcvb approval of the Executive Council and the Ordinances so made may also be amended, repealed or added to at any time by the Executive Couricil in the manner prescribed by ihe Statutes: Provided that in theusx of Guru Ghasidas Vishwavidyalaya and Doctor Harisingh Gour Vishwsvidyalaya, and Hcmvati NandanBahugunaGarhwal University, till such time as the first Ordinances are not so made, in respect of the matters that are to be provided for by the Ordinances under this Act and the Stam, the relevant provisions of the Statutes and the Ordinances made immediately before the commencemt ofthis Act under the provisions Mndhya of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973, and the Uaar Pradesh State P*desh UniversitiesA& 1973, respectively, shall be applicable in sofar as they are not inconsistent 22 Or 19"' with the provisions of this Act and the Statutes. President's Act 10 or 1973 Annual rcporl. Annual lCC0U"tS Returns and information. Condil~ons of servlcs of employccs. e16. 12 THE GAZETTE OF INDIA EXTRAORDINARY [PARTII- 29. The authorities of the University may make Regulations, consistent with this Act, the Statutes and the Ordinances, for the conduct of their own business and that of the Committees, ifany, appointed by them and not provided for by this Act, the Statutes or the Ordinances, in the manner prescribed by the Statutes. 30. (1) he annual report ofthe University shall be prepared under thedirection dfthe Executive Council, which shall include, amongotha matters, the steps taken by iheUnivenity towards the fulfilment of its objem and shall be submined to the Court on or before such date as may be prescribed by the Statutes and the Court shall consider the report in its annual meeting. (2) The Court shall submit the annual report to the Visitor along with its commentr. if any. (3) A copy of the annual report, as prepared under sub-section (I),shall also be submitledto the Central Government, which shall, as soon asmay be, cause the same to be laid before both Houses of Parliament. 31. (I)The annual accounts and balance-sheet of the University shall be prepared under the direction of the Executive Council and shall, once at least every year and at intervals of not more than fih monh, be audited by theCompaoller and Auditor-General ' of Mia or by such persons m he may authorire inthis behalf. (2) A copy of the annual accounts together with the audit report thereon shall be submitled to the Cwrt and the Visitor along withIheobservatias ofthe ExecutiveCouncil. (3) Any observations made by thVisitor on the'annual accounts shall be brought to the notice of thCwnand the observations oftheCourt, ifany, shall, aRer being considered by the Executive Council, be submitted to the Visitor. (4)A copy of (bs annual accounts together with the audit report, assubmined to the Visitor, shall also be submitted to the Central Government, which shall, as soon ac may be. cause the same to be laid before both Houses of Parliament. (5) Theaudited annualaccounts after having beenlaid before both Hou~gofParliament shall be published in the Gazette of India. 32. The University shall furnish to the central Govenunent such returns or other information with respect to its propetty or activities asthe Central Government may, fiom time to time, require, within such period asmay be specified by the Cenbal Government. 33. (I) Every employee pf the University shall be appointed under a written contract, which shall be lodged with the University and a copy of which shall be furnished to the employee concerned. (2)Any dispute wising out of the contract between the U~versity and any employee shall, at th request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the employee concerned and an umpire appointed by the Visitor. (3) The decision of the Tribunal shall be final and no suitshall lie in any civil court in. respect of the matters decided by the Tribunal: Provided that nothing in thissubsection shall preclude theemployee fiom availing of thejudicial remedies available under articles 32 and 226 of the Constitution.. (4) Every request made by the employee under sub-section (2) shall be deemed to be asubmiuionto arbitration upon the termsofthis sectionwithin themeaningoftheArbi'mtion and Conciliation Act, 1996. 26 of 1996 (5) The procedure for regulating the work of the Tribunal shall be prexribed by the Stalutcs. SEC. I] THE GAZETlF OF INDIA EXlRAORDINARY 13 34. (I) Any *dent or candidate for an examination whose name has been removed from the rolls ofthe University by theordersor resolution ofthe Vim-Chancellor, Discipline Commtttee or Examination Committee, mthecasemay be, and who has been deb& from appearing at the examinations of the Univmity for more thsn oneyear. may,within tendays of the date of receipt of such orders or copy of such resolution by him, appeal to the Executive Council and the Executiw Council may confirm, modify or revme the decision of the Vice-Chancellor or the Committee, mthecspc may be. (2) Any dispute arising out of any disciplinary adon taken by the University against a student shall, at thc request of such idudmt, be mfd to a Tribunal ofArbimtion dthe provislonrof sub-sdom (2). (3). (I)and (5)of ion33 shall, m far m may be, apply to a refermce made under this subsedon. 35.EvqernplQykor stlldent oftheUnivasity orofaColkgeor lnstibltionnaintaincd by the University shall, notwirhstding anything contained in this Act, have a right to appeal within such time as may be prescribed by thc.Shlutes, to the Executive Council against the decision of any officer or authority of the Univ~sity, or, the Prio~ipal or the management of any College or anIrutitution, mthe case may be, dthereupon the Executive Council may confm medify or rewnc the decision appealed against. 36. (1)The University shall ~mtiMsfor the benefit of its employees such provident or pension fund or provide such inwunr schemes m it may dtanfit in such mannerand subject to such condim, as may be prcssribed by the Shlutes. (2) Where such provident hd or pension fund has been so constituted, the Ceml 19 of inr Gowmmentmay declare that the provisions of the Rovident Funda Act, 1925, shall apply to such fund, if it were a Government provident fund. 37. If any question arises asto wberher any person has b.mduly elected or appointed as,or is entitled to be, a member ofany authority or other body of the University, the matter shall be refmad to the Visitor whose decision thereon shall be final. 38. All casual vacancies among the members (other than ex o@io members) of any authority or other body ofthe Univenity shall be filled, aswon asmay be, by the person or body who appoints, elects or cc-opts dwmember whose place ha$become vacant and the person appointed, ekcted or co-opted to acasual 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. 39. No act or proceedings of any authority or other body of the University shall be invalid merely by mn of theexistence of a vacancy or vscancies among its members. 40. No suit or other legal proceedings shall lieagainst any officer orother employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Au, the Statutes or the Ordinances. I of 1872. 41. Notwithstanding anything contained in the Indian Evidence Act, 1872 or in any other law forthe timebeing in force, ampy ofany receipt,applicatio~ notice, order, proceeding or resolution of any authority or other body of the University, or any other document in possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as primafocie evidence of such receipt, application, notice, order, proceeding, resolutionordocument or theexhtenceofenuy in the register and shall be admitted asevidence of the matters and transactions therein where the original thereof would, ifprodud, have been admissible in evidence. 42. (1) If any difficulty arises in giving effectto the provisions ofthis Act, the Central Government may, by order published in the Official Gazette, make such provisions, not Rocdure of appnl md 'rb"R1'On In d~scipltmry ,,,wma atvdsnu ~tgh~ IO rp~cal Provident md bds. oirputss as to constitution of aulhorilies and todin. Fllltng of cuual v"'nc'e' Pmcccd~ngs 0' '~aor*tes or bodies not invnlidrted by vncrncies. ~ritcstion of action taken tn good faith. ~odc of Pro" of ~~~i'P"Y Power to rcmO'e dificulties, 14 THE GAZETIT OF INDIA EXTRAORDINARY Il-(P~T - inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing che difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement ofthis Act (2) Every order made under sub-section (I) shall be laid, sp soon a~may be after it is made, before each House of Parliament, while it is in session, fw a total period of thirty days which may be comprised in om session or in huo or more successive seerim, and if, before the expiry of the session immediately following the semion or thc successive sessions aforesaid, both Houm agree in ding any modifim'on in the order or both lhs~agree that the order should not bemade, the order shall thadle~ have &ect only msuch modifA ' form or be of no cffeet, ap the case may be; so,however, that any such modification ar annulment shall be without prejudice to the validity of anything previously done under that "b"awd order. SUIUICS, Ordimncc" 43. ())Every Staluk, Ordi- in theofiicial ~ezatc. or Regulationmadeunderthis Actsball be published lod Rqul8tions to (2) Every Stafute. O d i or Regulation made Mderthii Act, shall be hid, ag soon asmay be after it is made, before each House of Parliament, while it is in session, for a total in the Offxul Gumcmd to period of thii dap which may bo comprised in one session or in huo or more successive be (lid sessions, md if, beforctke expiry of the mion immediately following the session or the P.rliamenf. successive sessions aforesaid, both Hwasagree in meking any modifidon in theSFstute, Ordinances or Regulation or both Housu, agne that theStatute, Ordirunces or Regulation should not be made, theStatute, Ordinances or Rcgulaion sball thareaAerhave effect only in such modified form or be of no effezi, as the insc may be; oo,however, that any such modification or annulment shall be without prejudice to the validity of anything previously done unda Ihat St-, Ordinancan or Regulation. (3) The power to inake SW, Ordinances or Regulations shall include the pown to give retmspbctive effect, from a date not earlier than the date of commencement ofthis Act, to the Staruteg Ordinances or Rcgulan'ons or any of them but no retmspective effect shall be given to any Statutes, Ordinances or Regulations soasto prejudicially affect the interests of any person to whom such Slatutes, Ordinances or Reg'ulations may be applicable. Trans~llonal 44. Nohvithstuding anything contained in this Act and the Statutes,- provtslons (a) the first Chancellor and tbe first VicoChancellor shall be appointed by the Viitor in such manner and on such conditions as may be dcancd Mand epch of the said ofh shall hold oflice for such term, nci excading five years, as my be specified by the Visitor; (b) the first Registrar and the first Finam Officer shall be appointed by the ' de- saidoflicm shall ha ofice for a term ofthree (c) the first Court and the firstExecutive Council shall consist of not more than thirty-one members and eleven members, resptively, Ivhoshall be nominated by the Central Government and shall hold office for a term of three years; and (d)the first Academic Council shall consist of not more'tfian twenty-one
Excerpt shown. Open the full act in Lexace.