LexThe bhagwant university , ajmer, act , 2008
Rajasthan · state statute
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LAW (LEGISLATIVE DRAFTING) DEPARTMENT
(Group-II)
NOTIFICATION
Jaipur, April 21, 2008
No. F.2(20) Vidhi/2/2008.-In pursuance of clause (3) of Article 348
of the Constitution of India, the Governor is pleased to authorise the
publication in the Rajasthan Gazette of the following translation in the
English language of the Bhagwant Vishwa Vidhyalaya, Ajme r Adhiniyam
2008 (2008 Ka Adhiniyam Sankhyank 18):-
(Authorised English translation)
THE BHAGWANT UNIVERSITY, AJMER,
ACT, 2008
(Act No. 18 of 2008)
[Received the assent of the Governor on the
16th day of April, 2008]
An
Act
to provide for establishment and incorporation of the Bhagwant University,
Ajmer in the State of Rajasthan and matters commected therewith and
incidental thereto.
Whereas, with a view to keep pace with the rapid development in all
spheres of knowledge in the world and the country, it is essential to create
world level modern research and study facilities in the State to provide state
of the art educational facilities to the youth at their door steps so that they
can make out of them human resources compatible to liberalized economi c
and social order of the world;
And whereas, rapid advancement in knowledge and changing requirements
of human resources makes it essential that a resourceful and quick and
responsive system of educational research and development be created
which can wo rk with entrepreneurial zeal under an essential regulatory
setup and such a system can be created by allowing the private institutions
engaged in higher education having sufficient resources and experience to
establish universities and by incorporating suc h universities with such
regulatory provisions as ensure efficient working of such institutions;
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And whereas, the Bhagwant Education Foundation, a Society
registered under the Societies Registration Act, 1860 having its registered
office at Rz 94/392 GFP No. 56, Shivpuri West Sagarpur, New Delhi, is
engaged in the field of education for last seven years and is running four
educational institutions at Muzaffarnagar and one at Aimer, which are
imparting education in the disciplines like Technology, Pharmacy.
Education and Medical Sciences etc.;
And whereas, said Bhagwant Education Foundation has set up
educational infrastructures, both physical and academic, as specified in
Schedule I, at village Chachiawas, Sikar Road (Pushkar Bye Pass) Ajmer in
the State of Rajasthan and is keen to establish and run a University for
research and studies in the disciplines specified in Schedule II and in token
thereof has deposited an amount of rupees two c rores to be utilized in
establishment of an endowment fund in accordance with the provisions of
this Act;
And whereas, the sufficiency of the above infrastructure has been got
enquired into by a committee, appointed in this behalf by the State
Government c onsisting of the Vice -chancellor, University of Bikaner,
Bikaner, Officer on Special Duty (Hr. Education) Govt. of Rajasthan, Jaipur
and Principal, Engineering College, Bikaner;
And whereas, if the aforesaid infrastructure is utilized in
incorporation as a University and the said Bhagwant Education Foundation
is allowed to run the University, it would contribute in the academic
development of the people of the State;
Now, therefore, be it enacted by the Rajasthan State Legislature in the
Fifty-ninth Year of the Republic of India, as follows:-
1. Short title, extent and commencement. - (1) This Act may be
called the Bhagwant University, Ajmer Act, 2008.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force at once.
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2. Definitions.- In this Act, unless the context otherwise requires,-
(a) "AICTE" means All India Council of Technical Education
established under All India Council of Technical Education
Act, 1987 (Central Act No. 52 of 1987);
(b) "CSIR" means the Council of Scientific and
Industrial Research, New Delhi - a funding agency of the
Central Government;
(c) "DEC" means the Distance Education Council established
under section 28 of Indira Gandhi Nati onal Open
University Act, 1985 (Central Act No. 50 of 1985);
(d) "Distance education" means education imparted
by combination of any two or more means of
communication, viz. broadcasting, telecasting,
correspondence courses, seminars, contact programmes and
any other such methodology;
(e) "DST" means the Department of Science and Technology
of the Central Government;
(f) "employee" means a person appointed by the University to
work in the University and includes teachers, officers and
other employees of the University;
(g) "fee" means collection made by the Universit y from
the students by whatever name it may be called, which
is not refundable;
(h) "Government" means the State Government of Rajasthan;
(i) "higher education" means study of a curriculum or course
for the pursuit of knowledge beyond 10+2 level;
(j) "hostel" means a place of residence for the students of the
University, or its colleges, institutions or centers,
maintained or recognized to be as such by the University;
(k) "ICAR" means the Indian Council of Agriculture Research,
a society registered under the Societies Registration Act,
1860 (Central Act No. 21 of 1860);
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(l) "MCI" means Medical Council of India constituted under
section 3 of the Indian Medical Council Act, 1956 (Central
Act No. 102 of 1956);
(m) "NAAC" means the National Assessment
and Accreditation Council, Bangalore, an
autonomous institution of the UGC;
(n) "NCTE" means the National Council of Teacher Education
constituted under section 3 of the National Council of
Teacher Education Act, 1993 (Central Act No. 73 of 1993);
(0) "off campus centre" means a centre of the
University established by it outside the main campus
operated and maintained its constituent unit, having
the University’s complement of facilities, faculty and staff;
(p) "PCI" means Pharmacy Council of India constituted under
section 3 of the Pharmacy Act, 1948 (Central Act No. 8 of
1948);
(q) "prescribed" means prescribed by Statutes made under this
Act;
(r) "regulating body" means a body established or constituted
by or under any law for the time being in force laying down
norms and conditions for ensuring academic standards of
higher education, such as UGC, AICTÉ. NCTE, MCI, PCI,
NAAC, ICAR, DEC, CSIR etc. and includes the State
Government;
(s) "rules" means the rules made under this Act;
(t) "schedule" means the Schedule to this Act;
(u) "Sponsoring Body" means the Bhagwant Education
Foundation, New Delhi, a society registered under the
Societies Registration Act, 1860; (Act No. 21 of
1860) having Registration No. 42899/2002;
(v) "Statutes", "Ordinances" and "Regulations"
mean respectively, the Statutes, Ordinances and
Regulations of the University made under this Act;
(w) "student of the University" means a person enrolled in the
University for taking a course of study for a degree,
diploma or other academic distinction duly instituted by the
University, including a rescarch degree;
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(x) "study centre" means a centre establ ished and maintained
or recognized by the University for the purpose of advising,
counseling or for rendering any other assistance required
by the students in the context of distance education;
(y) "teacher" means a Professor. Reader, Lecturer or any othe r
person required to impart education or to guide research or
to render guidance in any other from to the students for
pursuing a course of study of the University;
(z) "UGC means the University Grants
Commission, established under section 4 of the Univers ity
Grants Commission Act, 1956 (Central Act No. 3 of 1956);
and
(za) "University” means the Bhagwant University, Ajmer.
3. Incorporation. - (1) The first Chancellor and the firstVice -
chancellor of the University and the first members of the Board of
Management and the Academic Council and all persons who may hereafter
become such officers or members, so long as they continue to hold such
office or membership, are hereby constituted a body corporate by the name
of Bhagwant University, Ajmer.
(2) The movable and immovable property specified in the Schedule I
shall be vested in the University and the Sponsoring Body shall,
immediately after commencement of this Act, take steps for such vesting.
(3) The University shall have perpetual succession and a common
seal and shall sue and be sued by the said name.
(4) The University shall situate and have its headquarters at village
Chachiawas, Sikar Road (Pushkar Bye Pass) Ajmer (Rajasthan).
4. The objects of the University. - The objects of the University
shall be to undertake research and studies in the disciplines specified in
Schedule II and such other disciplines as the University may with the prior
approval of the State Goverment, determine from time to time and to
achieve
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excellence and impart and disseminate knowledge in the said disciplines.
5. Powers and functions of the University. - The University shall
have the following powers and functions, namely:-
(a) to provide for instruction in the disciplines specified
in Schedule II and to make provisions for research and for
the advancement and dissemination of knowledge;
(b) to grant, subject to such conditions as the University may
determine, diplomas or certifica te, and confer degrees or
other academic distinctions on the basis of examinations,
evaluation or any other method of testing on persons, and to
withdraw any such diplomas, certificates, degrees or other
academic distinctions for good and sufficient cause;
(c) to organize and to undertake extra -mural studies
and extension service;
(d) to confer honorary degrees or other distinctions in the
manner prescribed;
(e) to provide instruction, including correspondence and
such other courses, as it may determine;
(f) to institute Professorships, Readerships, Lecturerships
and other teaching or academic posts required by the
University and to make appointment thereto;
(g) to create administrative, ministerial and other posts and
to make appointments thereto;
(h) to appoint persons working in any other university
or organization having specific knowledge permanently or
for a specified period;
(i) to co -operate, collaborate or associate with any
other university or authority or institution in such manner
and for such purpose as the University may determine;
(j) to establish study centers and maintain schools,
institutions and such centers, specialized laboratories or
other units for research and instructions as are in the opinion
of the University, necessary for the furtherance of its object;
(k) to institute and award fellowships,
scholarships, studentships, medals and prizes;
(l) to establish and maintain hostels for students of
the University;
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(m) to make provisions for research and consultancy, and
for that purpose to enter into such arrangements with other
institutions or bodies as the University may deem necessary;
(n) to determine standards for admission into the University,
which may include examination, evaluation or any
other method of testing;
(o) to demand and receive payment of fees and other charges;
(p) to supervise the residences of the students of the University
and to make arrangements for the promotion of their health
and general welfare;
(q) to make special arrangements in respect of women students
as the University may consider desirable;
(r) to regu late and enforce discipline among the employees
and students of the University and take such disciplinary
measures in this regard as may be deemed necessary by
the University;
(s) to make arrangements for promoting the health and
general welfare of the employees of the University;
(t) to receive donations and acquire, hold, manage and
dispose of any movable or immovable property;
(u) to borrow money with the approval of the Sponsoring Body
for the purposes of the University;
(v) to mortgage or hypotheca te the property of the
University with the approval of the Sponsoring Body;
(w) to establish examination centers;
(x) to ensure that the standard of degrees, diplomas, certificates
and other academic distinctions are not lower than those laid
down by AICTE, NCTE, UGC, MCI, PCI and other similar
bodies established by or under any law for the time being in
force for the regulation of education;
(y) to set up off campus centre within or without the State,
subject to the provisions of any other law for the ti me
being in force; and
(z) to do all such other acts and things as may be necessary,
incidental or conducive to the attainment of all or any of the
objects of the University.
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6. University to be self -financed.- The University shall be self -
financed and shall not be entitled to receive any grant or other financial
assistance from the State Government.
7. No power of affiliation. - The University shall have no power to
affiliate or otherwise admit to its privileges any other institution.
8. Endowment Fund. - (1) There shall be established an Endowment
Fund, as soon as may be after coming into force of this Act with an amount
of rupees two crores which have been deposited by the Sponsoring Body
with the State Government.
(2) The Endowment Fund shall be used as security deposit to ensure
that the University complies with the provisions of this Act and functions as
per provisions of this Act, Statutes and Ordinances. The State Goverment
shall have the powers to forfeit in the prescribed manner, a part or whole of
the Endowment Fund in case the University or the Sponsoring Body
contravenes any of the provisions of this Act or Statutes, Ordinances,
Regulations or rules made thereunder.
(3) Income from t he Endowment Fund may be utilised for
development of infrastructure of the University but shall not be utilised to
meet out the recurring expenditure of the University.
(4) The amount of the 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 or deposited and kept deposited until
the dissolution of the University in the interest bearing Personal Deposit
Account of the Sponsoring Body in the Government Treasury.
(5) In case of investment in long term security, the certificates of the
securities shall be kept in the safe custody of the State Government and in
case of deposit in the interest bearing Personal Deposit Account in
Government Treasury, the deposit shall be made with the condition that the
amount shall not be withdrawn without the permission of the State
Government.
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9. General Fund. - The University shall establish a fund, which shall
be called the General Fund to which following shall be credited, namely:-
(a) fees and other charges received by the University;
(b) any contributions made by the Sponsoring Body;
(c) any income received from consultancy and other work
undertaken by the University in pursuance of
its objectives;
(d) trusts, bequests, donations, endowments and any
other grants; and
(e) all other sums received by the University.
10. Application of General Fund. - The Ge neral Fund shall be
utilized for meeting all expenses, recurring or non –recurring in connection
with the affairs of the University:
Provided that no expenditure shall be incurred by the University in
excess of the limits for total recurring expenditure an d total non -recurring
expenditure for the year, as may be fixed by the Board of Management,
without the prior approval of the Board of Management.
11. Officers of the University.- The following shall be the officers of
the University, namely:
(i) the Chancellor;
(ii) the Vice-chancellor;
(iii) the Pro-Vice-chancellor;
(iv) the Provost;
(V) the Proctor;
(vi) the Deans of Faculties;
(vii) the Registrar;
(vii) the Chief Finance and Accounts Officer; and
(ix) such other officers as may be declared by the Statutes to
be the officers of the University.
12. The Chancellor. - (1) The Chancellor shall be appointed by the
Sponsoring Body with the consent of the State
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Government for a period of five years from the date on which he enters
upon his office and shall not be eligible for re-appointment:
Provided that a Chancellor shall notwithstanding the expiration of his
term continue to hold office until his successor enters upon the office.
(2) Any vacancy in the office of Chancellor shall be filled within six
months from the date of such vacancy.
(3) The Chancellor shall, by virtue of his office, be the head of the
University.
(4) The Chancellor shall, if present, preside at the meetings of the
Board of Management and at the convocation of the University for
conferring degrees, diplomas or other academic distinctions.
(5) The Chancellor shall have the following powers, namely:-
(a) to call for any infor mation or record in connection
with the affairs of the University;
(b) to appoint the Vice-chancellor;
(c) to remove the Vice -chancellor in accordance with
the provisions of sub-section (8) of Section 13; and
(d) such other powers as may be prescribed by the
Statutes.
13. The Vice-chancellor.- (1) The Vice-chancellor shall be appointed
by the Chancellor from a panel of three persons recommended by the Board
of Management and shall, subject to the provisions contained in sub-section
(8), hold office for a term of three years:
Provided that, after expiry of the term of three years, a person shall be
eligible for re-appointment for another tern of three years:
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Provided further that a Vice -chancellor shall notwithstanding the
expiration of his term continue to hold office until his successor enters upon
the office.
(2) Any vacancy in the office of Vice-chancellor shall be filled within
six months from the date of such vacancy.
(3) The Vice-chancellor shall be the principal executive and academic
officer of the University and shall exercise general superintendence and
control over the affairs of the University and shall execute the decisions of
the authorities of the University.
(4) The Vice -chancellor shall preside at the convocation of the
University in the absence of the Chancellor.
(5) If in the opinion of the Vice -chancellor it is necessary to take
immediate action on any matter for which p owers 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 opportunity thereafter report his action to
such officer or authority as would have in the ordinary course dealt with t he
matter:
Provided that if in the opinion of the concerned officer or authority
such action should not have been taken by the Vice -chancellor then such
case shall be referred to the Chancellor, whose decision thereon shall be
final:
Provided further tha t 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 Mana gement and
the Board of Management may confirm or modify or reverse the action
taken by the Vice-chancellor.
(6) If, in the opinion of the Vice -chancellor, any decision of any
authority of the University is outside the powers conferred by this Act or
Statutes, Ordinances, Regulations or rules made thereunder or is likely to be
prejudicial to the interests of the University, he shall direct the concerned
authority to revise its decision within fifteen days from the date of its
decision and in
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case the authority refuses or fails to revise such decision, then such matter
shall be referred to the Chancellor and his decision thereon shall be final.
(7) The Vice-chancellor shall exercise such other powers and perform
such other duties as may be prescribed by the Statutes or the Ordinances.
(8) If the Chancellor is satisfied, on an enquiry made or caused to be
made on a representation made to him or otherwise, that the continuance of
Vice-chancellor in his office is prejudicial to the interest of the University or
the situation so warrants, he may, by an order in writing and stating the
reasons therein for doing so, ask the Vice -chancellor to relinquish his office
from such date as may be specified in the order:
Provided that before taking an action under this sub-section, the Vice-
chancellor shall be given an opportunity of being heard.
14. The Pro -Vice-chancellor.- (1) The Pro -Vice chancellor shall be
appointed by the Chancellor in consultation with the Vice-chancellor.
(2) The Pro -Vice-chancellor shall hold office for a period of three
years and shall be eligible for re-appointment for a second term.
(3) The conditions of service of the Pro -Vice-chancellor shall be such
as may be prescribed by the Statutes.
(4) If the Chancellor is satisfied, on an enquiry made or caused to be
made on a representation made to him or otherwise, that the continuance of
Pro-Vice-chancellor in his office is prejudicial to the interest of the
University or the situation so warrants, he may, by an order in writing and
stating the reasons therein for doing so, ask the Pro -Vice-chancellor to
relinquish his office from such date as may be specified in the order:
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Provided that before taking an action under this sub -section, the Pro-
Vice-chancellor shall be given an opportunity of being heard.
(5) The Pro -Vice-chancellor shall assist the Vice -chancellor in such
matters as are assigned to him by the Vice-chancellor from time to time and
shall exercise such powers and perform such functions as may be delegated
to him by the Vice-chancellor.
15. The Provost. - (1) The Provost shall be appointed by the Vice -
chancellor for such period and in such manner as may be prescribed by the
Statutes.
(2) The Provost shall ensure discipline in the University and shall
keep the various unions of the teachers and employees advised of the
various policies and practices in the University.
(3) The Provost shall exercise such other powers and perform such
other duties as may be prescribed by the Statutes.
16. The Proctor. - (1) The Proctor shall be appointed by the Vice -
chancellor for such period and in such manner as may be prescribed by the
Statutes.
(2) The Proctor shall be responsible for the maintenance of discipline
among the students and keep the various students' unions advised of the
various polices and practices in the University.
(3) The Proctor shall exercise such other powers and perform such
other duties as may be prescribed by the Statutes.
17. The Dean of Faculty. - (1) There shall be a Dean of each Faculty
who shall be appointed by the Vice -chancellor for a period of three years in
such manner as may be prescribed by the Statutes.
(2) The D ean shall convene meetings of the faculty, as and when
required, in consultation with the Vice -chancellor and shall preside over the
same. He shall formulate the policies and development programme of the
faculty and present the same to the appropriate auth orities for their
consideration.
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(3) The Dean of Faculty shall exercise such other powers and perform
such other duties as may be prescribed by the Statutes.
18. The Registrar. - (1) The Registrar shall be appointed by the
Chancellor, in such manner as may be prescribed by the Statutes.
(2) All contracts shall be signed and all documents and records shall
be authenticated by the Registrar on behalf of the University.
(3) The Reg istrar shall be the Member Secretary of the Board of
Management and Academic Council but he shall not have a right to vote.
(4) The Registrar shall exercise such other powers and perform such
other duties as may be prescribed by the Statutes.
19. The Chi ef Finance and Accounts Officer. - (1) The Chief
Finance and Accounts Officer shall be appointed by the Vice -chancellor in
such manner as may be prescribed by the Statutes.
(2) The Chief Finance and Accounts Officer shall exercise such
powers and perform such duties as may be prescribed by the Statutes.
20. Other officers. - (1) The University may appoint such other
officers as may be necessary for its functioning.
(2) The manner of appointment and powers and functions of such
officers shall be such as may be prescribed by the Statutes.
21. Authorities of the University. - The following shall be the
authorities of the University, namely:-
(i) the Board of Management;
(ii) the Academic Council;
(iii) the Faculties; and
(iv) such other authorities as may be declared by the Statutes
to be the authorities of the University.
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22. The Board of Management. - (1) The Board of Managernent of
the University shall consist of the following, Namely:-
(a) the Chancellor;
(b) the Vice-chancellor;
(c) five persons nominated by the Sponsoring Body out
of whom two shall be eminent educationists;
(d) one expert of management or infomation technology from
outside the University, nominated by the Chancellor;
(e) one expert of finance, nominated by the Chancellor;
(f) commissioner, College Education or his nominee not
below the rank of Deputy Secretary; and
(g) two teachers, nominated by the Vice-chancellor.
(2) The Board of Management shall be the principal executive body
of the University. All the movable and immovable property of the
University shall vest in the Board of Management. It shall have the
following powers, namely:-
(a) to provide general superintendence and directions and
to control the functioning of the University by using all
such powers as are provided by this Act or the
Statutes, Ordinances, Regulations or rules made
thereunder;
(b) to review the decisions of other authorities of
the University in case they are not in conformity with the
provisions of this Act or the Statutes,
Ordinances, Regulations or rules made thereunder;
(c) to approve the budget and annual report of the University;
(d) to lay down the policies to be followed by the University;
(e) to recommend to the Sponsoring Body about the voluntary
liquidation of the University if a situation arises when
smooth functioning of the University does not remain
possible, in spite of all efforts; and
(f) such other powers as may be prescribed by the Statutes.
(3) The Board of Management shall meet at least three times in a
calendar year.
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(4) The quorum for meetings of the Board of Man agement shall be
five.
23. The Academic Council.- (1) The Academic Council shall consist
of the Vice-chancellor and such other members as may be prescribed by the
Statutes.
(2) The Vice -chancellor shall be the Chairperson of the Academic
Council.
(3) The Academic Council shall be the principal academic body of the
University and shall, subject to the provisions of this Act and the rules,
Regulations, Statutes or Ordinances, made thereunder, co -ordinate and
exercise general supervision over the academic policies of the University.
(4) The quorum for m eetings of the Academic Council shall be such
as may be prescribed by the Statutes.
24. Other authorities. - The composition, constitution, powers and
functions of other authorities of the University shall be such as may be
prescribed by the Statutes.
25. Disqualification for membership of an authority. - A person
shall be disqualified for being a member of any of the authorities of the
University, if he-
(a) is of unsound mind and stands so declared by a competent
court;
(b) is an undischarged insolvent;
(c) has been convicted of any offence involving
moral turpitude;
(d) is conducting or engaging himself in private
coaching classes; or
(e) has been punished for indulging in or promoting
unfair practice in the conduct of any examination, in any
form, anywhere.
26. Vacancies not to invalidate the proceedings of any authority
of the University.- No act or proceeding of any
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authority of the University shall be invalid merely by reas on of any vacancy
or defect in the constitution thereof.
27. Filling up of emergent vacancies. - Any vacancies occurred in
the membership of authorities of the University due to death, resignation or
removal of a member or due to change of capacity in which he was
appointed or nominated, shall be filled up as early as possible by the person
or the body who had appointed or nominated such a member:
Provided that the person appointed or nominated as a member of an
authority of the University on an emerge nt vacancy shall remain member of
such authority for only the remaining period of the member, in whose place
he is appointed or nominated.
28. Committee. - The authorities or officers of the University may
constitute such committees with such terms of refe rence as may be
necessary for specific tasks to be performed by such committees. The
constitution of such committees and their duties shall be such as may be
prescribed by the Statutes.
29. The Statutes. - (1) Subject to the provisions of this Act, the
Statutes of the University may provide for all or any of the following
matters, namely:-
(a) the constitution, powers and functions of the authorities of
the University as may be constituted from time to time;
(b) the terms and conditions of appointment of the
Vice chancellor and his powers and functions;
(c) the manner and terms and conditions of appointment
of the Registrar and Chief Finance and Accounts
Officer and their powers and functions;
(d) the manner in which and the period for which the Provost
and the Proctor shall be appointed and their powers and
functions;
(e) the manner in which the Dean of Faculty shall
be appointed and his powers and functions;
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(f) the manner and terms and conditions of appointment
of other officers and teachers and their powers and
functions;
(g) the terms and conditions of service of employees of
the University and their functions;
(h) the procedure for arbitration in case of disput es
between officers, teachers, employees and students;
(i) the conferment of honorary degrees;
(j) the provisions regarding exemption of students
from payment of tuition fee and for awarding to
them scholarships and fellowships;
(k) provisions regardi ng the policy of admissions,
including regulation of reservation of seats;
(l) provisions regarding fees to be charged from students;
(m) provisions regarding number of seats in different courses;
(n) creation of new authorities of the University;
(o) accounting policy and financial procedure;
(p) creation of new departments and abolition or restructuring
of existing departments;
(q) institution of medals and prizes;
(r) creation of posts and procedure for abolition of posts;
(s) revision of fees;
(t) alteration of the number of seats in different syllabi; and
(u) all other matters which under the provisions of this Act are
required to be, or may be, prescribed by the Statutes.
(2) The Statutes of the University shall be made by the Boa rd of
Management and shall be submitted to the State Government for its
approval.
(3) The State Government shall consider the Statutes, submitted by
the University and shall give its approval thereon within two months from
the date of its receipt with suc h modifications, if any, as it may deem
necessary.
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(4) The University shall communicate its agreement to the Statutes as
approved by the State Government, and if it desires not to give effect to any
or all of the modifications made by the State Government under sub -section
(3), it may give reasons therefor and after considering such reason, the State
Government may or may not accept the suggestions made by the
University.
(5) The State Government shall publish the Statutes, as finally
approved by it, in the Official Gazette, and thereafter, the Statutes shall
come into force from the date of such publication.
30. The Ordinances. - (1) Subject to the provisions of this Act or
Statutes made thereunder, the Ordinances may provide for all or any of the
following matters, namely:-
(a) the admission of students to the University and
their enrolment as such;
(b) the courses of study to be laid down for the
degrees, diplomas and certificates of the University;
(c) the award of the degrees, diplomas, certificates and other
academic distinctions, the minimum qualifications for the
same and the measures to be taken relating to the granting
and obtaining of the same;
(d) the conditions for awar d of fellowships,
scholarships, stipends, medals and prizes;
(e) the conduct of examinations, including the terms of office
and manner of appointment and the duties of examining
bodies, examiners and moderators;
(f) fees to be charged for the courses, examinations, degrees
and diplomas of the University;
(g) the conditions of residence of the students of
the University;
(h) provision regarding disciplinary action against
the students;
(i) the creation, composition an d functions of any other body
which is considered necessary for improving the academic
life of the University;
(j) the manner of co -operation and collaboration with
other Universities and institutions of higher education;
and
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(k) all other matters which by this Act or Statutes
made thereunder are required to be provided by
the Ordinances.
(2) The Ordinances of the University shall be made by the Academic
Council which after being approved by t he Board of Management, shall be
submitted to the State Government for its approval.
(3) The State Govemment shall consider the Ordinances submited
under sub-section (2) within two months from the date of their receipt and
shall either approve them or give suggestions for modifications therein.
(4) The Academic Council shall either modify the Ordinances
incorporating the suggestion of the State Government or give reasons for not
incorporating any of the suggestions made by the State Government and
shall r etum the Ordinances alongwith such reasons, if any, to the State
Government and on receipt of the same, the State Government shall
consider the comments of the Academic Council and shall approve the
Ordinances of the University with or without such modifications.
31. Regulations. - The authorities of the University may, subject to
the prior approval of the Board of Management, make regulations,
consistent with this Act and the rules, Statutes and the Ordinances made
thereunder, for the conduct of their own business and that of the committees
appointed by them.
32. Admissions. - (1) Admission in the University shall be made
strictly on the basis of merit.
(2) Merit for admission in the University may be determined either on
the basis of marks or grade obtain ed in the qualifying examination and
achievements in co -curricular and extra -curricular activities or on the basis
of marks or grade obtained in the entrance test conducted at the State level
either by an association of the universities conducting similar courses or by
any agency of the State:
Provided that admission in professional and technical courses shall be
made only through entrance test.
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(3) Reservation in admission to the University for scheduled castes,
scheduled tribes and other backward classes, women and handicapped
persons shall be provided as per the policy of the State Government.
33. Fee structure. - (1) The University may, from time to time,
prepare its fees struct ure and sent it for approval of the committee
constituted for the purpose.
(2) The committee shall consider the fees structure prepared by the
University and if it is satisfied that the proposed fees is-
(a) sufficient for:-
(i) generating resources for meeting the recurring expenditure
of the University; and
(ii) the savings required for the further development of the
University; and
(b) not unreasonably excessive, it may approve the fees structure.
(3) The fees structure approved by the committee under sub-section
(2) shall remain in force for three years and the University shall be entitled
to charge fees in accordance with such fees structure.
(4) The University shall not charge any fees, by whatever name
called, other than that for which it is entitled under sub-section (3).
34. Examinations. - At the beginning of each academic session and
in any case not later than 30th of August of every calendar year, the
University shall prepare and publish a schedule of examinations for each
and every course conducted by it and shall strictly adhere to the schedule.
Explanation - "Schedule of Examination" means a table giving
details about the time, day and date of the commencement of each paper
which is a part of a scheme of examinations and shall also in clude the
details about the practical examinations:
Provided that if, for any reason whatsoever, the University has been
unable to follow this schedule, it shall, as soon as
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practicable, submit a report to the State Government incorporating the
reasons for making a departure from the published schedule. The
Government may, thereon, issue such directions as it may deem fit for the
compliance of the schedule.
35. Declaration of results. - (1) The University shall strive to declare
the results of every examination conducted by it within thirty days from the
last date of the examination for that particular course and shall in any case
declare the results latest within forty-five days from such date:
Provided that if, for any reason whatsoever, the University is unable
to finally declare the results of any examination within the aforesaid period
of forty-five days, it shall submit a report incorporating the reasons for such
delay to the State Go vernment. The State Government may, thereon, issue
such directions as it may deem fit.
(2) No examination or the results of an examination shall be held
invalid only for the reasons that the University has not followed the time
schedule as stipulated in section 34 or, as the case may be, in section 35.
36. Convocation.- The convocation of the University shall be held in
every academic year in the manner as may be prescribed by the Statutes for
conferring degrees, diplomas or for any other purpose.
37. Ac creditation of the University - The University shall obtain
accreditation from the NAAC, as per the norms of the NAAC and inform
the State Government and such other regulating bodies which are connected
with the courses taken up by the University about the grade provided by the
NAAC to the University. The University shall get renewed such
accreditation from time to time as per the norms of the NAAC.
38. University to follow rules, regulations, norms etc. of the
regulating bodies. - Notwithstanding anything contained in this Act, the
University shall be bound to comply all the rules, regulations, norms etc. of
the regulating bodies and provide all
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such facilities and assistance to such bodies as are required by them to
discharge their duties and carry out their functions.
39. Annual report. - (1) The annual report of the University shall be
prepared by the Board of Management which shall include among ot her
matters, the steps taken by the University towards the fulfilment of its
objects and copy of the same shall be submitted to the Sponsoring Body.
(2) Copies of the annual report prepared under sub -section (1) shall
also be presented to the State Government.
40. Annual accounts and audit. - (1) The annual accounts including
balance sheet of the University shall be prepared under the directions of the
Board of Management and the annual accounts shall be audited at least once
in every year by the auditors appointed by the University for this purpose.
(2) A copy of the annual accounts together with the audit report shall
be submitted to the Board of Management.
(3) A copy of the annual accounts and audit report along with the
observations of the Board of M anagement shall be submitted to the
Sponsoring Body.
(4) Copies of annual accounts and balance sheet prepared under sub -
section (1) shall also be presented to the State Government. The advice of
the State Government, if any, arising out of the accounts an d audit report of
the University shall be placed before the Board of Management. The Board
of Management shall issue such directions, as it may deem fit and
compliance shall be reported to the State Government.
41. Powers of the State Government to inspect the University. - (1)
For the purpose of ascertaining the standards of teaching, examination and
research or any other matter relating to the University, the State
Government may cause an inspection, to be made in such manner as may be
prescribed, by such person or persons as it may deem fit.
(2) The State Government shall communicate to the University its
recommendations in regard to the result of such
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inspection for corrective action. The University shall adopt such corrective
measures and make efforts so as to ensure the compliance of the
recommendations.
(3) If the University has failed to comply with the recommendations
made under sub-section (2) within a reasonable time, the State Government
may give such directions as it may deem fit for such compliance.
42. Powers of the State Government to call for information. - (1)
The State Government may call for information from the University relating
to its working, functions, achievements, standard of teaching, examination
and research or any other matters as it may consider necessary to judge the
efficiency of the University in such form and within such time as may be
prescribed by rules.
(2) The University shall be bound to furnish the information as
required by the State Government under sub -section (1) within the
prescribed time.
43. Dissolution of the University by the Sponsoring Body. - (1) The
Sponsoring Body may dissolve the University by g iving a notice to the
effect in the prescribed manner to the State Government and the employees
and the students of University at least one year in advance:
Provided that dissolution of the University shall have effect only after
the approval of the State Government and the last batches of students of the
regular courses have completed their courses and they have been awarded
degrees, diplomas or awards, as the case may be.
(2) On the dissolution of the University all the assets and liabilities of
the University shall vest in the Sponsoring Body.
44. Special powers of the State Government in certain
circumstances.- (1) If it appears to the State Government that the
University has contravened any of the provisions of this Act or the rules,
Statutes or Ordinances made thereunder or has violated any of the direcExcerpt shown. Open the full act in Lexace.