LexThe pacific medical university, udaipur act, 2014
Rajasthan · state statute
Open in Lexace · Ask the AI about this actHkkx 4 ¼d½ jktLFkku jkt&i=] ekpZ 4] 2014 75¼45½
45
LAW (LEGISLATIVE DRAFTIG) DEPARTMENT
(GROUP-II)
NOTIFICATION
Jaipur, March 4, 2014
No. F. 2 (9) Vidhi/2/2014.-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 Pacific Chikitsa
Vishwavidyalaya, Udaipur Adhiniyam, 2014 (2014 Ka Adhiniyam
Sankhyank 6):-
(Authorised English Translation)
THE PACIFIC MEDICAL UNIVERSITY, UDAIPUR
ACT, 2014
(Act No. 6 of 2014)
[Received the assent of the Governor on the 3rd day of March, 2014]
An
Act
to provide for establishment and incorporation of the Pacific
Medical University, Udaipur in the State of Rajasthan and matters
connected 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 economic and
social order of the world;
And whereas, rapid advancement in knowledge and changing
requirements of human resources make it essential that a resourceful
and quick and responsive system 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
and by incorporating such universities with such regulatory provisions
as ensure efficient working of such institutions;
75¼46½ jktLFkku jkt&i=] ekpZ 4] 2014 Hkkx 4 ¼d½
46
And whereas, the Tirupati Balaji Educational Trust,
Udaipur is a Trust registered under the Rajasthan Public Trusts
Act, 1959 (Act No. 42 of 1959) at Registration No. 3-Dev-Udai
2007, dated 20.2.2007 in the office of the Assistant Commissioner,
Devsthan, Udaipur. The above Trust has been set up with the
objective of setting up a Medical University;
And whereas, the said Tirupati Balaji Educational Trust,
Udaipur has set up educational infrastructures, both physical and
academic, as specified in Schedule-I, at Village Otto Ka Guda,
Tehsil Girwa, District Udaipur 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 crore 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 consisting of the Vice-chancellor, Mohan
Lal Sukhadia University, Udaipur, Director, College Education,
Rajasthan, Jaipur, Principal, Ravindra Nath Tagore Medical
College, Udaipur, Professor and Head, Department of Pharmacy,
Mohan Lal Sukhadia University, Udaipur, Principal, Government
Dental College, Jaipur and Principal, Maharana Bhupal Nursing
College, Udaipur;
And whereas, if the aforesaid infrastructure is utilized in
incorporation as a University and the said Tirupati Balaji Educational
Trust, Udaipur 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-fifth Year of the Republic of India, as
follows:-
1. Short title, extent and commencement.- (1) This Act
may be called the Pacific Medical University, Udaipur Act, 2014.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall be deemed to have come into force on and from
25
th September, 2013.
Hkkx 4 ¼d½ jktLFkku jkt&i=] ekpZ 4] 2014 75¼47½
47
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, 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 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 beyond 10+2
level;
(j) "hostel" means a place of residence for the students of
the University, or its colleges, institutions or centres,
75¼48½ jktLFkku jkt&i=] ekpZ 4] 2014 Hkkx 4 ¼d½
48
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 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, AICTE, 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 Tirupati Balaji
Educational Trust, Udaipur is a Trust registered under
Hkkx 4 ¼d½ jktLFkku jkt&i=] ekpZ 4] 2014 75¼49½
49
the Rajasthan Public Trusts Act, 1959 (Act No. 42 of
1959) at Registration No. 3-Dev-Udai 2007, dated
20.2.2007 in the office of the Assistant
Commissioner, Devsthan, Udaipur;
(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 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 Grants Commission,
established under section 4 of the University Grants
Commission Act, 1956 (Central Act No. 3 of 1956);
and
(za) "University" means the Pacific Medical University,
Udaipur.
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
continue to hold such office or membership, are hereby
constituted a body corporate by the name of the Pacific Medical
University, Udaipur.
75¼50½ jktLFkku jkt&i=] ekpZ 4] 2014 Hkkx 4 ¼d½
50
(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 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 Otto Ka Guda, Tehsil Girwa, District Udaipur (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
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 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;
Hkkx 4 ¼d½ jktLFkku jkt&i=] ekpZ 4] 2014 75¼51½
51
(e) to provide instruction, including correspondence
and such other courses, as it may determine;
(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 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 centres and maintain schools,
institutions and such centres, 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;
(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;
75¼52½ jktLFkku jkt&i=] ekpZ 4] 2014 Hkkx 4 ¼d½
52
(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 with the approval of the
Sponsoring Body for the purposes of the
University;
(v) to mortgage or hypothecate the property of the
University with the approval of the Sponsoring
Body;
(w) to establish examination centres;
(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
Hkkx 4 ¼d½ jktLFkku jkt&i=] ekpZ 4] 2014 75¼53½
53
attainment of all or any of the objects of the
University.
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 crore which has 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 Treasury, the deposit
75¼54½ jktLFkku jkt&i=] ekpZ 4] 2014 Hkkx 4 ¼d½
54
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 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 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 shall be incurred by the
University in excess of the limits for total recurring expenditure
and total non-recurring expenditure for the year, as may be fixed
by the Board of Management, without the 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.
Hkkx 4 ¼d½ jktLFkku jkt&i=] ekpZ 4] 2014 75¼55½
55
12. The Chairperson. - (1) The Chairperson shall be
appointed by the Sponsoring Body with 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 .
(2) Any vacancy in the office of Chairperson shall be filled
within six months from the date of such vacancy.
(3) The Chairperson shall, 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 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 term of
three years:
Provided further that a President shall notwithstanding the
expiration of his term, continue to hold office until his successor
enters upon the office.
75¼56½ jktLFkku jkt&i=] ekpZ 4] 2014 Hkkx 4 ¼d½
56
(2) Any vacancy in the office of President shall be filled
within six months from the date of such vacancy.
(3) The President 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 President shall preside at the convocation of the
University in the absence of the Chairperson.
(5) If in the opinion of the President it is necessary to take
immediate action on any matter for which powers are conferred on
any other authority by or under this Act, he may take such action
as he deems necessary and shall at the earliest 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.
(6) 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 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 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.
(7) The President shall exercise such other powers and
perform such other duties as may be prescribed by the Statutes or
the Ordinances.
Hkkx 4 ¼d½ jktLFkku jkt&i=] ekpZ 4] 2014 75¼57½
57
(8) 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 shall 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.
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.
75¼58½ jktLFkku jkt&i=] ekpZ 4] 2014 Hkkx 4 ¼d½
58
(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
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 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 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.
(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 Officer shall be appointed by the
President in such manner as may be prescribed by the Statutes.
Hkkx 4 ¼d½ jktLFkku jkt&i=] ekpZ 4] 2014 75¼59½
59
(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.
(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
75¼60½ jktLFkku jkt&i=] ekpZ 4] 2014 Hkkx 4 ¼d½
60
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 Council. - (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 over the
academic policies of the University.
(4) The quorum for meetings of the Academic Council
shall be such as may be prescribed by the Statutes.
Hkkx 4 ¼d½ jktLFkku jkt&i=] ekpZ 4] 2014 75¼61½
61
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
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.
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
75¼62½ jktLFkku jkt&i=] ekpZ 4] 2014 Hkkx 4 ¼d½
62
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) provisions regarding number of seats in different
courses;
Hkkx 4 ¼d½ jktLFkku jkt&i=] ekpZ 4] 2014 75¼63½
63
(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
Board 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 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 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;
75¼64½ jktLFkku jkt&i=] ekpZ 4] 2014 Hkkx 4 ¼d½
64
(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 shall 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
Hkkx 4 ¼d½ jktLFkku jkt&i=] ekpZ 4] 2014 75¼65½
65
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
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
75¼66½ jktLFkku jkt&i=] ekpZ 4] 2014 Hkkx 4 ¼d½
66
(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 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 period of forty-five days, it shall submit a report
Hkkx 4 ¼d½ jktLFkku jkt&i=] ekpZ 4] 2014 75¼67½
67
incorporating the reasons for such delay to the State Government.
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 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 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 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 other 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
75¼68½ jktLFkku jkt&i=] ekpZ 4] 2014 Hkkx 4 ¼d½
68
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 Management 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 and 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
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
Hkkx 4 ¼d½ jktLFkku jkt&i=] ekpZ 4] 2014 75¼69½
69
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
giving 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 directions issued by it under this Act or has ceased to carry
out any undertakings given by it to the State Government or a
situation of financial mismanagemenExcerpt shown. Open the full act in Lexace.