LexThe MODY UNIVERSITY OF SCIENCE AND TECHNOLOGY, LAKSHMANGARH (SIKAR) ACT, 2013
Rajasthan · state statute
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LAW (LEGISLATIVE DRAFTING) DEPARTMENT
(GROUP-II)
NOTIFICATION
Jaipur, September 16, 2013
No. F. 2 (34) Vidhi/2/2013.–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 Mody Vigyan
Aur Praudyogiki Vishwavidyalaya, Lakshmangarh (Sikar)
Adhiniyam, 2013 (2013 Ka Adhiniyam Sankhyank 29):–
(Authorised English Translation)
THE MODY UNIVERSITY OF SCIENCE AND
TECHNOLOGY, LAKSHMANGARH (SIKAR) ACT, 2013
(Act No. 29 of 2013)
[Received the assent of the Governor on the 15th day of
September, 2013]
An
Act
to provide for establishment and incorporation of the Mody
University of Science and Technology, Lakshmangarh (Sikar) in
the State of Rajasthan and matters connected therewith and
incidental thereto.
Whereas, w ith 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 economic 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 s ystem of educational research and
development be created which can work with entrepreneurial zeal
under an essential regulatory set up and such a system can be created
by allowing the private institutions engaged in higher education
having sufficient resources and experience to establish universities
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and by incorporating such universities with such regulatory provisions
as ensure efficient working of such institutions;
And whereas, the Mody Institute of Technology and
Science Society, New Delhi is a Society registered un der the
Societies Registration Act, 1860 (Central Act No. 21 of 1860) at
Registration No. S-48366 of 2004 dated 20.2.2004 in the office of
Registrar of Societies, Government of N.C.T. of Delhi is engaged
in the field of education and running Mody Institute of Technology
and Science, Lakshmangarh (Sikar) for last several years which
enjoys the status of a deemed university.
And whereas, the said Mody Institute of Technology and
Science Society, New Delhi has set up educational infrastructures,
both physical and academic, as specified in Schedule I, at
Lakshmangarh, D istrict Sikar in the State of Rajasthan and has
agreed to invest the said infrastructure in a University for research
and studies in the disciplines specified in Schedule II and has also
deposited an amount of rupees two crores to be utilized in
establishment of an endowment fund in accordance wi th 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 consisting of the Vice-Chancellor,
Maharaja G anga Singh University, Bikaner, Director, College
Education Rajasthan, Jaipur, Director, Malviya National Institute
of Technology, Jaipur, Dean Faculty of Management, University
of Rajasthan, Jaipur, Dean, Faculty of Law, University of
Rajasthan, Jaipur, Dean, Faculty of Science, University of
Rajasthan, Jaipur and Dean, Faculty of Commerce, University of
Rajasthan, Jaipur;
And whereas, if the aforesaid infrastructure is utilized in
incorporation as a University and the said Mody Institute of
Technology and Science Society, New Delhi 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 Sixty-fourth Y ear of the Republic of India, as
follows:-
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1. Short title, extent and commencement.- (1) This Act
may be called the Mody University of Science and Technology,
Lakshmangarh (Sikar) Act, 2013.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall be deemed to have come into force on and from
10th June, 2013.
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
National 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, v iz. 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 University 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 b eyond
10+2 level;
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(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);
(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);
(o) "off campus centre" means a centre of the University
established by it outside the main campus operated
and maintained as its constituent un it, 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 bo dy" 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 s tandards of higher education, su ch as
UGC, AICTE, N CTE, 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;
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(u) "Sponsoring Body" means the Mody Institute of
Technology and Science Society, New Delhi, a
Society registered under the Societies Registration
Act, 1860 (Central Act No. 21 of 1860) at
Registration No. S-48366 of 2004 dated 20.2.2004 in
the office of Registrar of Societies, Government of
N.C.T. of Delhi;
(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 d istinction duly
instituted by the University, including a research
degree;
(x) "study centre" means a centre established and
maintained or recognized by the University for the
purpose of advising, counselling or for rendering any
other assistance required by the students in the
context of distance education;
(y) "teacher" means a Professor, Associate Professor,
Assistant Professor or any other person required to
impart education or to guide research or to render
guidance in any other form to the students for
pursuing a course of study of the University;
(z) "UGC" means the University G rants Commission,
established under section 4 of the University Grants
Commission Act, 1956 (Central Act No. 3 of 1956);
and
(za) "University" means the Mody University of Science
and Technology, Lakshmangarh (Sikar).
3. Incorporation.- (1) The first Chairperson and the first
President 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
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continue to hold such office or membership, are hereby
constituted a body corporate by the name of the Mody University
of Science and Technology, Lakshmangarh (Sikar).
(2) The movable and immovable property specified in the
Schedule I shall be vested in the University and the Sponsoring
Body shall, immediately after the commencement of this Act, take
steps for such vesting.
(3) The University sh all 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
Lakshmangarh, District Sikar (Rajasthan).
4. The objects of the University.- The objects of the
University s hall 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
Government, determine from time to time and to achieve
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
certificates, and confer degrees or other academic
distinctions on the basis of examinations,
evaluation or any o ther method of testing on
persons, and to withdraw any su ch 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;
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(f) to institute Professorships, Associate
Professorships, Assistant Professorships 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 h aving 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, s pecialized
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;
(m) to make provisions for research and consultancy,
and for that purpose to enter into such
arrangements w ith other institutions or bodies as
the University may deem necessary;
(n) to determine s tandards for admission into the
University, wh ich may include examination,
evaluation or any other method of testing;
(o) to demand and receive payment of fees and other
charges;
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(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 regulate 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 w ith the approval of the
Sponsoring Body for the purposes of the
University;
(v) to mortgage or hypothecate the property of the
University w ith 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 the State,
subject to the provisions of any other law for the
time 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 h as 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 Government 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 the Endowment Fund may be utilized for
development of infrastructure of the University but shall not be
utilized 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 T reasury, the deposit
shall be made with the condition that the amount shall not be
withdrawn without the permission of the State Government.
9. General Fund.- The University sh all establish a fund,
which shall be called the General Fund to which following shall be
credited, namely:-
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(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; an
(e) all other sums received by the University.
10. Application of General Fund.- The General Fund
shall be utilized for meeting all expenses, recurring or non-
recurring in connection with the affairs of the University:
Provided that no expenditure sh all be incurred by the
University in excess of the limits for total recurring expenditure
and total non-recurring expenditure for the year, as may be fixed
by the Board of Management, without the prior approval of
the Board of Management.
11. Officers of the University.-The following shall be the
officers of the University, namely:-
(i) the Chairperson;
(ii) the President;
(iii) the Pro-President;
(iv) the Provost;
(v) the Proctor;
(vi) the Deans of Faculties;
(vii) the Registrar;
(viii) 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 Chairperson.- (1) The Chairperson shall be
appointed by the Sponsoring Body w ith the consent of the State
Government for a period of five years from the date on which he
enters upon his office:
Provided that a Chairperson shall notwithstanding the
expiration of his term continue to hold office until his successor
enters upon the office.
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(2) Any vacancy in the office of Chairperson shall be filled
within six months from the date of such vacancy.
(3) The Chairperson sh all, by virtue of his office, be the
head of the University.
(4) The Chairperson 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 Chairperson shall have the following powers,
namely:-
(a) to call for any information or record in connection
with the affairs of the University;
(b) to appoint the President;
(c) to remove the President 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 President.- (1) The President shall be appointed
by the Chairperson from a panel of not less than three and not
more than five persons recommended by the Board of
Management.
(2) No person shall be eligible to appoint as President
unless he is a distinguished academician having a minimum of ten
years experience as Professor in a university or college or ten years
of experience in an equivalent position in a reputed research and/or
academic administrative organization.
(3) The term of the office o f the President shall be three
years from the date on which he enters upon his office or until he
attains the age of seventy years, whichever is earlier:
Provided that the same person shall be eligible for
reappointment:
Provided further that a President s hall, notwithstanding
for expiration of his term, continue to hold office until his successor
enters upon the office.
(4) For the purpose of selection of the President, the Board
of Management shall invite applications from eligible persons
through a public notice and while considering the names of
_______________________________________________________
Amendment in Sec. 13 ‘The President’ vide THE RAJASTHAN PRIVATE
UNIVERSITIES’ LAWS (AMENDMENT) ACT, 2018 (Act No. 26 of 2018)
[Received the assent of the Governor on the 05 th day of
October, 2018]
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persons to be appointed as President, the Board of Management
shall give proper weightage to academic excellence, exposure to the
higher education system in the country and adequate experience in
academic and administrative governance and record its findin gs in
writing and enclose the same with the panel to be submitted to the
Chairperson.
(5) Any vacancy in the office of President shall be filled
within six months from the date of such vacancy.
(6) The President shall be the princi pal 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.
(7) The President shall preside at the convocation of the
University in the absence of the Chairperson.
(8) If, in the opinion of the President, it is necessary to take
immediate action on any matter for which powers and 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 the matter:
Provided that if, in the opinion of the officer or authority
concerned, such action should not have been taken by the President
then such case shall be referred to the Chairperson, whose decision
thereon shall be final:
Provided further that where any such action taken by the
President 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 Management and the Board of Management may confirm or
modify or reverse the action taken by the President.
(9) If, in the opinion of the President, 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 inter ests of the University, he shall
direct the authority concerned to revise its decision within fifteen
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days from the date of its decision and in case the authority
refuses or fails to revise such decision, then such matter shall be
referred to the Chairperson and his decision thereon shall be final.
(10) The President shall exercise such other powers and
perform such other duties as may be prescribed by t he Statutes or the
Ordinances.
(11) If the Chairperson is satisfied, on an enquiry made or
caused to be made on a representation made to him or otherwise, that
the continuance of President in his office is prejudicial to the
interests 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
President 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 President shall be given an opportunity of being heard.
14. The Pro-President.- (1) The Pro-President shall be
appointed by the Chairperson in consultation with the President.
(2) The Pro-President 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-President shall be
such as may be prescribed by the Statutes.
(4) If the Chairperson is satisfied, on an enquiry made or
caused to be made on a representation made to him or otherwise,
that the continuance of the Pro-President in his office is prejudicial
to the interests 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-President 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 Pro- President shall be given an opportunity of being
heard.
(5) The Pro-President sh all assist the President in such
matters as are assigned to him by the President from time to time
and shall exercise such powers and perform such functions as may
be delegated to him by the President.
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15. The Provost.- (1) The Provost shall be appointed by
the President 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 su ch 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
President 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 policies and practices in the University.
(3) The Proctor shall exercise su ch 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 President for a period
of three years in such manner as may be prescribed by the Statutes.
(2) The Dean shall convene meetings of the Faculty, as and
when required, in consultation with the President and shall preside
over the same. He shall formulate the policies and development
programme of the Faculty and present the same to the appropriate
authorities for their consideration.
(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 Chairperson, 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 Registrar shall be the Member-Secretary of the
Board of Management and Academic Council but he shall not have
a right to vote.
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(4) The Registrar shall exercise such other powers and
perform such other duties as may be prescribed by the Statutes.
19. The Chief Finance and Accounts Officer.- (1) The
Chief Finance and Accounts O fficer shall be appointed by the
President 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.
22. The Board of Management.- (1) The Board of
Management of the University shall consist of the following,
namely:-
(a) the Chairperson;
(b) the President;
(c) five persons nominated by the Sponsoring Body out
of whom two shall be eminent educationists or
specialists in disciplines specified in Schedule II;
(d) one expert of management or information
technology from outside the University, nominated
by the Chairperson;
(e) one expert of finance, nominated by the
Chairperson;
(f) Commissioner, College Education or his nominee
not below the rank of Deputy Secretary; and
(g) two teachers, nominated by the President.
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(2) The Board of Management sh all 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.
(4) The quorum for meetings of the Board of Management
shall be five.
23. The Academic Co uncil.- (1) The Academic Council
shall consist of the President and such other members as may be
prescribed by the Statutes.
(2) The President 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 ov er the
academic policies of the University.
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(4) The quorum for meetings 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) h as 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
authority of the University shall be invalid merely by reason 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 emergent vacancy,
shall remain member of such authority for only the remaining
period of the member, in whose place he is appointed or
nominated.
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28. Committee.- The authorities or officers of the
University may constitute such committees with such terms of
reference 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
President 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;
(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 disputes
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 regarding the policy of admissions,
including regulation of reservation of seats;
(l) provisions regarding fees to be charged from students;
(m) p rovisions regarding number of seats in different
courses;
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(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 s hall be made by the
Board of Management and shall be submitted to the State
Government for its approval.
(3) The State Government sh all consider the Statutes
submitted by the University and shall give its approval thereon
within two months from the date of its receipt with such
modifications, if any, as it may deem necessary.
(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 s uch reason, the State Government may or
may not accept the suggestions made by the University.
(5) The State Government sh all 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;
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(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 award 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 and 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
(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 the
Board of Management, shall be submitted to the State
Government for its approval.
(3) The State Government sh all consider the Ordinances
submitted 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 return the Ordinances along
with such reasons, if any, to the State Government and on receipt
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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 obtained 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.
(3) Reservation in admission to the University for
scheduled castes, scheduled tribes, backward classes, special
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 structure 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 fee structure.
(3) The fees structure approved by the committee under
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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 include 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
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 p eriod of forty-five days, it shall submit a report
incorporating the reasons for such delay to the State Government.
The State Government may, thereon, issue such directions as it
may deem fit.
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(2) No examination or the results of an examination shall
be held invalid only for the reasons that the University h as not
followed the time schedule as stipulated in section 34 or, as the
case may be, in this section.
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. Accreditation 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 sh all 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 with all the rules,
regulations, norms, etc. of the regulating bodies and provide all
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 o ther 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 BoarExcerpt shown. Open the full act in Lexace.