LexThe vardhaman mahaveer open university, kota act,1987
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Open in Lexace · Ask the AI about this actVARDHAMAN MAHAVEER OPEN UNIVERSITY, KOTA
ACT, 1987
(NO. 35 OF 1987)
AND STATUTES OF THE UNIVERSITY
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VARDHAMAN MAHAVEER OPEN UNIVERSITY, KOTA
VARDHAMAN MAHAVEER OPEN UNIVERSITY, KOTA ACT, 1987
(NO. 35 OF 1987)
&
THE STATUTES OF THE UNIVERSITY
VARDHAMAN MAHAVEER OPEN UNIVERSITY , KOTA (RAJASTHAN)
VARDHAMAN MAHAVEER OPEN UNIVERSITY ACT, 1987
(No.35 of 1987)
Amended upto 2014
CONTENT
S.No. Page No.
Chapter-I
1. Short title and commencement 1
2. Definitions 1
Chapter-II
3. Establishment of the University 2
4. Objects and Functions of the University 3
Chapter-III
5. Power and Functions of the Chancellor 4
6. Inspection or enquiry and direction by Chancellor 4
Chapter-IV
7. Officers of the University 5
8. Vice-Chancellor 5
9. Appointment of the officers other than V.C. 8
Chapter-V
10.Authorities of the University 8
11.Board of Management 8
12.Academic Council 9
13.Finance Committee 9
14.Planning Board 9
15.Other Authority 9
Chapter-VI
16.Statutes 9
17.Ordinance of the University 10
18.Regulations 10
Chapter-VII
19. Annual Report 11
20. Accounts and audit 11
20(A) Control of the State Government 11
20(B) Assumption of financial control by the State Government as emergency measure12
21. Conditions of Service of Employees 12
22. Provident Fund and Pension Fund 12
23. Dispute relating to appointment as
member of any Authority 13
24. T emporary vacancy in the Authority or
body of the University 13
25. Vacancy not to invalidate a proceeding 13
26. Power to remove difficulties 13
27. Power to transfer a Regional, Study Centre
institution, etc. 13
28. Power to appoint Government Servants 13
29. Statutes, Ordinances and Regulations to be
published in Official Gazette 13
30. Repeal and Savings 14
STATUTES OF THE UNIVERSITY
1. Vice-Chancellor 14
2. Pro-Vice-Chancellor 15
3. Directors 16
4. Registrar 17
5. Comptroller 18
6. Controller of Examinations 19
7. Board of Management 19
8. Academic Council 21
9. Planning Board 22
10. Finance Committee 23
11. Selection Committee 23
12. Ex-Cadre Promotions 24
13. Special mode of appointment 24
14. Recognition of teachers 25
15. Committees 25
16. Conditions of service of Teachers and other employees 25
17. Removal of teachers, employees, etc. 25
18. Resignation 25
19. Maintenance of discipline 26
20. School of Studies 26
21. Convocation 28
22. Honorary Degrees 28
LAW AND LEGISLA TIVE DRAFTING DEP ARTMENT
NOTIFICATION
Jaipur, November 7,1987.
No. F. 2 (40) Vidhai/87-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 Vardhaman Mahaveer Open University, Kota Adhiniyam,
1987* (Adhiniyam Sankhya 35 San 1987) :-
(English Translation)
THE VARDHAMAN MAHAVEER OPEN UNIVERSITY, KOTA ACT,1987
(Act No. 35 of 1987 )
(Received the Assent of the Governor on the 7th day of November. 1987).
An
Act
to establish and incorporate an Open University for the promotion of distance education
system in the educational pattern in the State of Rajasthan.
Be it enacted by the Rajasthan State Legislature in the Thirty eighth Year of the
Republic of India as follows :-
CHAPTER-1
Preliminary
1. Short title and commencement -
(1) This Act may be called the Vardhaman Mahaveer Open University, Kota Act, 1987.
(2) It shall and shall be deemed to have come into force on such date as the State Government
may, by notification in the Official Gazette, appoint.
2. Definitions. - In this Act, unless the context otherwise requires :-
(a) “Academic Council” means the Academic Council of the University constituted
under section 12 ;
(b) “Board of Management” means the Board of Management of the University constituted
under section 11;
(c) “Distance Education System” means the system of imparting education through
correspondence courses, seminars, contact programmes, broadcasting telecasting or any
other means of communication;
* The University Name Changed vide VIDHAN SABHA Act.13 of 2002 which was Published in
The Rajasthan Gazette dt. 21.9.2002
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(d) “Employee” means any person appointed in or by the university, other than teacher
and other members of the academic staff of the University;
(e) “Ordinance” or an “ordinance of the University” shall mean an ordinance made under section
17;
(f) “Planning Board” means the planning board constituted under section 14;
(g) “Regional Centre” means a centre established or maintained by the University for
co-ordinating or supervising the work of study centres in any region and for performing other
functions assigned by the Board of Management;
(h) “Regulations” mean the regulations made by any Authority of the University
under this Act.
(i) “State” means the State of Rajasthan and “State Government” means the
Government of Rajasthan;
(j) “Statutes” mean the Statutes of the University contained in the Schedule as amended from
time to time;
(k) “Student” includes a person enrolled for pursuing a course of study in the University ;
(l) “Study Centre” means a centre established, or recognized by the University for
advising or rendering any assistance to students;
(m) “T eacher” means a Professor, Associate Professor, Reader, Lecturer or Assistant Professor
and includes any other person required to impart education or to give
guidance or to render any assistance to Students for pursuing a course of study
of the University;
(n) “University” means the Vardhaman Mahaveer Open University, Kota by
and under this Act; and
(o) “Vice Chancellor” and “Pro-Vice Chancellor” mean respectively, the Vice Chancellor and
Pro Vice-Chancellor of the University.
CHAPTER-II
Establishment of the University and its objects and functions.
3. Establishment of the university -
(1) There shall be established a University under this Act by the name of the Vardhaman Mahaveer
Open University, Kota.
(2) The University shall be a body corporate having a perpetual succession and a common
seal and may sue and be sued by its corporate name.
(3) The headquarters of the University shall be at Kota in the State of Rajasthan and it may
establish or maintain a Regional Centre or Study centre at any place.
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4. Objects and Functions of the University- The University shall, in order to achieve the object
of advancing and disseminating education and knowledge in the State through diverse means
including distance education system perform the following functions, namely:-
(i) to provide for instructions and research in such branches of knowledge, technology,
vocations and professions as the University may deem necessary or proper;
(ii) to prescribe courses of study for degrees, diplomas, certificates or any other purpose;
(iii) to hold examinations and confer degrees, diplomas, certificates and other academic
distinctions;
(iv) to determine the manner of distance education system so as to organise academic
programmes;
(v) to create posts and positions for imparting instructions, conducting academic activities
and running the administration of the University and to appoint persons to such posts or
positions;
(vi) to associate with other Universities and institutions of learning, specially with the Indira
Gandhi National Open University, New Delhi, in order to have therewith inter locking system
in the field of distant education;
(vii) to institute and award fellowships, scholarships and prizes;
(viii) to establish or maintain Regional Centres and study Centres;
(ix) to organise or conduct workshops, seminars and other programmes;
(x) to give recognition to examinations, studies and activities conducted by other
Universities, institutions, academic bodies and organisations ;
(xi) to make suitable arrangements for research and development in the field of education;
(xii) to receive donations, grants, aid and gifts (movable or immovable) for the purpose
of University;
(xiii) to borrow money with the previous approval of the State Government;
(xiv) to determine standards and lay down conditions for admission of students
to various courses of study;
(xv) to confer autonomous status to a regional or study centre or to admit a centre to
its privileges; and
(xvi) to do all other acts and perform all such functions which are necessary for or incidental to
achieving the aims and objects of the University.
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CHAPTER-III
Powers and Functions of the Chancellor
5. Chancellor-
(1) The Governor of the State shall be the ex-officio Chancellor
of the University.
(2) The Chancellor shall have the following powers namely :-
(a) to constitute the Academic Council and Board of Management of the University in
accordance with the provisions of this Act and the Statutes;
(b) to give direction, take action or do anything as required under the provisions of
this Act and the Statutes;
(c) to cause an inspection by such person, as he may direct, of any work, activity or
examination of the University, College, Regional Centre and study centre;
(d) to cause an enquiry into any matter related to administration or the finances of the
University; and
(e) to give his views or advice to the Vice-Chancellor in matter wherein an
inspection or enquiry has been made under clause (c) or clause (d)
6. Inspection or enquiry and direction by the Chancellor -
(1) Where an inspection or enquiry has been ordered by the Chancellor of the University
under section 5, the University may depute one of its officers to represent it in such
inspection or enquiry.
(2) The result of the inspection or enquiry and the advise, if any, of the Chancellor shall be
communicated by the Chancellor to the Vice-chancellor;
(3) the result and the advice referred to in sub-section (2) shall be communicated by the
Vice-Chancellor with his comments to the Board of Management for such action as the
Board may propose to take and the action so taken shall be communicated to the
Chancellor through the Vice-Chancellor.
(4) Where the Board of Management fails, within reasonable time, to take any action as
required in the result of the inspection or enquiry or in the advice given by the Chancellor
or dose not take action to the satisfaction of the Chancellor, a direction may be issued by
the Chancellor and the Board of management shall comply with such direction.
4
CHAPTER-IV
Officers of the University
7. Officers of the University- The following shall be the officers of the
University, namely :-
(a) Vice-Chancellor;
(b) Pro-Vice-Chancellor;
(c) Directors;
(d) Registrar;
(e) Controller of Examinations;
(f) The Comptroller *
(g) any other person declared by the Statutes to be the officer of the University.
8. Vice-Chancellor-**
1. The Vice-Chancellor shall be a whole time paid officer of the University.
2. “No perosn shall be eligible to be appointed as Vice-Chancellor unless he is a distinguished
academician having a minimum of ten years experience as Professor in a UNiversity or
college or ten years experience in an equivalent position in a reputed research and/or
academic administrative organization and, of highest level of competence, integrity morals
and institutional commitment.” and
3. The Vice-Chancellor shall be appointed by the Chancellor in consultation with the State
Government from amongst the persons included in the panel recommended by the Search
Committee consisting of-
(a) one person nominated by the Board;
(b) one person nominated by the Chairman, University Grants Commission;
(c) one person nominated by the Chancellor; and
(d) one person nominated by the State government, and the Chancellor shall appoint
one of these persons to be the Chairman of the Committee.
4. An eminent person in the sphere of higher education not connected with the University and
its colleges shall only be eligible to be nominated as the member of the Search Committee.
5. The Search Committee shall prepare and recommend a panel of not less than three persons
and not more than five persons to be appointed as Vice-Chancellor.
* Amended vide act no. 05 of 2013 published in Gazette Date 25/3/2013 (w.e.f. 16.01.2013)
** Amended vide act no. 19 of 2017 published in Gazette Date 05/05/2017.
5
6. For the purpose of selection of the Vice-Chancellor, the Search Committee shall invite
applications from eligible persons through a public notice and while considering the names
of persons to be appointed as Vice-Chancellor, the Search Committee 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
findings in writing and enclose the same with the panel to be submitted to the Chancellor by
any other vice-chancellor of the state university.
7. The term of the office of the Vice-Chancellor 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 for a second term.
8. The Vice-Chancellor shall receive such pay and allowances as may be determined by the
State Government. In addition to it, he shall be entitled to free furnished residence maintained
by the University and such other perquisites as may be prescribed.
9. When a permanent vacancy in the office of the Vice-Chancellor occurs by reason of his
death, resignation, removal or the expiry of his term of office, it shall be filled by the Chancellor
in accordance with sub-section (3), and for so long as it is not so filled, stop-gap arrangement
shall be made by him under and in accordance with sub-section(10).
10. When a temporary vacancy in the office of the Vice-Chancellor occurs by reason of leave,
suspension or otherwise or when a stop-gap arrangement is necessary under sub-section
(9), the Registrar shall forthwith report the matter to the Chancellor who shall make, on the
advice of the State Governmnet, arrangement for the carrying on of the function of the office
of the Vice-Chancellor by any other Vice-Chancellor of a State University.
11. The Vice-Chancellor may at any time relinquish office by submitting, not less than sixty
days in advance of the date on which he wishes to be relieved, his resignation to the
Chancellor.
12. Such resignation shall take effect from the date determined by the Chancellor and conveyed
to the Vice-Chancellor.
13. Where a person appointed as the Vice-Chancellor was in employment before such
appointment in any other college, institution or University, he may continue to contribute to
the provident fund of which he was a member in such employment and the University shall
contribute to the account of such person in that provident fund.
14. Where the Vice-Chancellor had been in his previous employment, a member of any
insurance or pension scheme, the University shall make a necessary contribution to such
scheme.
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15. The Vice-Chancellor shall be entitled to travelling and daily allowance at such rates as may
be fixed by the Board.
16. The Vice-Chancellor shall be entitled to leave as under:-
a. leave on full pay at the rate of one day for every eleven days of active service; and
b. leave on half pay at the rate of twenty days for each completed year of service:
Provided that leave on half pay may be commuted as leave on full pay on production
of medical certificate.
17. The Vice-Chancellor shall be the principal academic, administrative and executive officer
of the University and shall exercise overall supervision and control over the affairs of the
University. He shall have all such powers as may be necessary for true observance of the
provisions of this Act and Statutes.
18. The Vice-Chancellor shall, where immediate action is called for, have power to make an
order so as to exercise any power or perform any function which is exercised or performed
by any Authority under this Act or the Statutes.
Provided that such action shall b reported to the Authority as would have in the ordinary
course dealt with the matter for approval.
Provided further that if the action so reported is not approved by such Authority not
being the Board, the matter shall be referred to the Board,whose decision shall be final
and in case of the Authority being the Board,the matter shall be referred to the Chancellor
whose decesion shall be final.
19. The Vice-Chancellor may, on being satisfied that any action taken or order made by any
Authority is not in the interest of the University or beyond the powers of such Authority,
require the Authority to review its action or order. In case the Authority refuses of fails to
review its action or order within sixty days of the date on which the Vice-Chancellor has so
required,the matter may be referred to the Board or to the Chancellor,as the case may
be,for final decision.”
8(A)* “Removal of Vice-Chancellor:- (1) Notwithstanding anything contained in the Act,
if at any time on the report of the State Government or otherwise, in the opinion of the
Chanceller, the Vice-Chancellor wilfully omits or refuses to carry out the provisions of
this Act or abuses the powers vested in him, or if otherwise appears to the Chancellor
that the continuance of the Vice-Chancellor in office is detrimental to the interest of
the University, the Chancellor may in consultation with the State Government. After
making such inquiry as he deems porper, by order, remove the Vice-Chancellor:
7
Provided that the Chancellor may, in consultation with the State Government at any time
before making such order, place the Vice-Chancellor under suspension, pending enquiry.
Provided further that no onder shall be made by the Chancellor unless the Vice-Chancellor
has been given a reasonable opportunity of showing cause against the action proposed to be
taken against him.
(2) During the pendency or in contemplation. of any inquiry referred to in sub-section (1) the
Chancellor may, in consultation with the State Government, order that till further order-
(a) such Vice-Chancellor shall refrain from performing the functions of the office of
the Vice-Chancellor, but shall continue to get the emoluments to which he was
otherwise entitled;
(b) the functions of the office of the Vice-Chancellor shall be performed by the person
specified in the order.”
9. Appointment of the Officers other than the Vice-Chancellor.- The officers, other
than the Vice-Chancellor of the University referred to in section 7 shall be appointed in such
manner, for such period, on such terms and conditions and shall exercise such powers and
perform such functions as may be prescribed by the Statutes.
CHAPTER-V
Authorities of the University
10. Authorities of the University. - The following shall be the Authorities of the
University, namely;-
(q) Board of Management;
(b) Academic council;
(c) Finance Committee;
(d) Planning Board; and
(e) any other body constituted as, or declared to be the Authority of the University
under the Statutes
11. Board of Management-
(1) There shall be a Board of Management of the University which shall be the principal
executive body of the University. The Chancellor shall, as soon as the first Vice-Chancellor
is appointed, take action to constitute such Board in accordance with the provisions of
the Statutes.
* Amended vide act no. 8 of 2019 (New Section 8(A) ) published in Gazette Date 16/8/2019
8
(2) The Board of Management shall consist of such members, exercise such
powers and perform such functions as may be prescribed by the Statutes.
12. Academic Council -
(1) There shall be an Academic Council of the University which shall be the principal academic
body of the University and shall exercise supervision and control over and be responsible
for the maintenance of the standards of education, teaching, examination and other
academic matters. The Chancellor shall, as soon as the first Vice-Chacellor is appointed,
take action to constitute such council in accordance with the provisions of the Statutes.
(2) The Academic Council shall consist of such members, exercise such powers
and perform such functions as may be prescribed by the Statutes.
13. Finance Committee. -
(1) There shall be a Finance Committee of the University which shall consist of such members,
exercise such powers and perform such functions as may be prescribed by the Statutes.
(2) The annual accounts, the annual financial estimates of the University and the proposals
for the revision of pay scales and grades shall be considered and examined
by the Finance Committee before being submitted to the Board of Management.
(3) The Finance Committee shall do such other acts in such manner as may be
prescribed by the Statutes.
14. Planning Board -
(1) There shall be a planning Board of the University which shall be the principal planning
body and shall also be responsible for the monitoring of the developments on the lines
indicated in the objects of the University.
(2) The Planning Board shall consist of such members, exercise such powers and
perform such functions as may be prescribed by the Statutes.
15. Other Authority- A body constituted or declared under the Statutes to be the Authority of the
University under clause (d) of section 10 shall consist of such members, shall exercise such
powers, perform such functions subject to such conditions as may be prescribed
by the Statutes.
CHAPTER-VI
Statutes, Ordinances and Regulations
16. Statutes -
(1) The Statutes of the University shall contain such instructions, directions, procedures and
details as are necessary to be laid down under and in accordance with the provisions of
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this Act.
(2) The Statutes as contained in the Schedule to this Act and as amended from time to time
shall be binding on all Authorities, officers, teachers, students and employees of the
University and persons connected with the affairs of the University.
(3) The Board of Management shall have power to make any amendment in the Statutes
contained in the Schedule to this Act;
Provided that the said Board shall not amend any Statutes affecting the constitution, statutes
or power of any Authority of the University without affording to such Authority a reasonable
opportunity of making a representation on the proposed changes.
(4) Any amendment to the Statutes, whether by adding, deleting or in any other manner, shall
not take effect unless the Chancellor has, after consultation with the State Government,
assented to it. The Chancellor may, after the said consultation and on being satisfied that
assent be not given, withhold assent or return the proposal for amendment to the Board
of Management for re-consideration in the light of the observations, if any, made by him.
(5) Notwithstanding anything contained in sub-section (3) of sub-section (4), the Chancellor
shall have power to amend, after consulation with the State Government, whether by
adding, deleting or in any other manner, the Statutes contained in the Schedule within a
period of one year from the commencement of this Act.
(6) An amendment to the Statutes shall come into force on the date of its publication in the
official Gazette.
17. Ordinances of the University-
(1) Subject to the provisions of this Act and the Statutes contained in the Schedule, as
amended from time to time, the ordinances of the University may be made for all or any of
the following matters, namely :-
(a) the courses of study; admission of students, fees, qualification requisite for any
degree, diploma or certificate and the grant of fellowship;
(b) the conduct of examination including the appointments of examiners and their terms
and conditions;
(c) management of colleges, institutions, Regional Centres, research bodies and
other agencies admitted to the privileges of the University; and
(d) any other matter required by the Statutes to be dealt by or under the ordinances.
(2) The first Ordinances of the University shall as soon as may be after the commencement
of this Act, be made by the Vice-Chacellor with the previous approval of the State
Government and may be amended (by adding, deleting or in any other manner) at any
time by the Board of Management in such manner as may be prescribed by the Statutes.
18. Regulations - An Authority of the University shall have power to make regulations, in the
manner as may be prescribed by the Statutes, for the conduct of its affairs and the affairs of the
* Amended vide act no. 05 of 2013 published in Gazette Date 25/3/2013 (w.e.f. 16.01.2013)
10
committee constituted by such Authority. Such regulations shall not be inconsistent with the
provisions of this Act, the Statutes and the Ordinances of the University.
CHAPTER - VII
Annual report, Annual Accounts, etc.
19. Annual Report-
(1) The annual report of the University shall be prepared by the Registrar of the University
under the direction of the Board of Management.
(2) The annual report shall, among other things, set out the steps taken by the University for
the fulfilment of its objects.
(3) The annual report shall be submitted to the Chancellor on or before the date as may be
prescribed by the Statutes.
20. Accounts and audit - *
(1) The annual accounts and balance sheet of the University shall be prepared by the
Comptroller under the direction of the Vice-Chancellor and all moneys accruing to or
received by the University from whatever source and all amount disbursed or paid shall
be entered in the accounts.
(2) The comptroller shall, before such date as may be prescribed by the Statutes, prepare
the annual financial estimates for the ensuing year.
(3) The annual accounts and the annual financial estimates prepared by the Comptroller
shall be placed before the Board together with the remarks of the Finance Committee for
approval and the Board may pass resolution with reference thereto and communicate
the same to the Comptroller who shall take action in accordance therewith.
(4) The annual accounts shall be audited in the prescribed manner by such auditors as the
State Government may direct and the cost of such audit shall be a charge on the University
fund.
(5) The accounts when audited shall be printed and copies thereof, together with the audit
report, shall be submitted by the Vice-Chancellor to the Board which shall forward them
to the State Government with such comments as may be deemed necessary.
(6) The University shall settle objections raised in the audit and carry out such instructions as
may be issued by the State Government on the audit report.
20-A. Control of the State Government -
Where the State Government funds are involved, the University shall abide by the terms
and conditions attached to the sanction of such funds which may inter alia include prior
permission of the State Government in respect of the following, namely :-
(a) creation of the new posts of teachers, officers of other employees;
(b) revision of the pay, allowances, post-retirement benefits and other benefits to its
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teachers, officers and other employees;
(c) grant of any additional/special pay, allowance or other extra remuneration of any
description whatsoever, including ex-gratia payment or other benefits having
financial implications, to any of its teachers, officers or other employees;
(d) diversion of any earmarked funds other than the purpose for which it was received;
(e) transfer by sale, lease, mortgage or otherwise of immovable property;
(f) incur expenditure on any development work from the funds received from the State
Government for any purposes other than for which the funds are received; and
(g) take any decision resulting in increased financial liability, direct or indirect, for the
State Government.
Explanation - The above conditions shall also apply in respect of the posts created
from any other fund, which may, in the long term, be likely to cause financial implications
to the State Government.
20-B Assumption of financial control by the State Government as emergency measure.
(1) The State Government shall have the right to cause an inquiry to be made, by such person
or persons as it may direct, and to issue directions to the University, in respect of any
matter connected with the finances of the University, where State Government funds are
concerned.
(2) If the State Government is satisfied that owing to mal-administration or financial
mismanagement in the University a situation has arisen where by financial stability of the
University has become insecure, it may, by a notification, declare that the finances of the
University shall be subject to the control of the State Government and shall issue such
other directions as it may deem fit for the purpose and the same shall be binding on the
University.
21. Conditions of service of employees -
(1) a person may be appointed by the Vice-Chancellor or an officer specially authorised by
him in this behalf as a teacher or an employee of the University by a contract in writing
which shall not contain any condition contrary to any provision of this Act, the Statutes and
the Ordinances of the University.
(2) The Original contract shall be kept on the record of the University and a copy thereof shall
be given to the person employed.
22. Provident Fund and Pension Fund-
(1) The University shall, for the benefit of its teachers and employees, create a provident
fund or a pension fund or formulate an insurance scheme in such manner and subject to
such conditions as may be prescribed by the Statutes.
(2) Where a provident fund or a pension fund has been created, the provisions of the provident
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Funds Act, 1925 (Central Act 19 of 1925) shall apply to such a Fund.
23. Dispute relating to appointment as member of an Authority- If any dispute arises as to
whether any person was duly nominated, elected or appointed to any Authority or body of the
University, the matter shall be referred to the Chancellor whose decision shall be final.
24. Temporary vacancy in the Authority or body of the University- Any temporary vacancy,
other than that of a ex-officio member, in any Authority or body of the University shall, as soon as
may be, be filled in the manner as is prescribed for nomination, election or appointment in the
case of a permanent vacancy and a person filling a temporary vacancy shall become a member
of such authority of body for the residue of the term for which the person whose place he fills
would have been a member.
25. Vacancy not to invalidate a proceeding - No act done or proceedings taken by any Authority
or body of the University shall be called in question or held to be invalid merely by reason of any
vacancy in such Authority or body.
26. Power to remove difficulties - Where any difficulty arises in giving effect to any provision
of this Act, the State Government may, by notification in the Official Gazette, make such order as
appears to be necessary or expedient and as is not inconsistent with any provision of this Act.
Provided that no such order shall be made after the expiry of three years from the
commencement of the Act.
27. Power to transfer a regional, study centre, institution, etc. - The State Government shall
have power to transfer any Regional Centre, Study Centre or institution from or to the University,
by notification in the Official Gazette, on such terms and conditions as may be specified in such
notification.
28. Power to appoint Government Servants - Notwithstanding anything contained in any
provision of this Act, the State Government may, on the commencement of this Act, or at any time
thereafter, appoint, on deputation or otherwise, a Government Servant in the vacancy of an officer
of the University for such period as it may deem necessary.
29. Statutes, Ordinances and regulation to be published in official Gazette and laid in the
Legislative Assembly -
(1) Every Statute, Ordinance of the University or Regulation made (by amendment or
otherwise) from time to time shall be published in the Official Gazette.
(2) Every Statute, Ordinance of the University or Regulation made by amendment or otherwise
after the commencement of this Act shall be laid as soon as may be after it is made,
before the House of the State Legislative while it is in session for a total period of thirty
days which may be comprised in one session or in two or more successive session and
* Amended vide act no. 05 of 2013 published in Gazette Date 25/3/2013 (w.e.f. 16.01.2013)
13
if, before the expiry of the session immediately following the session or successive sessions
aforesaid, the House agrees in making any modification in such Statute, Ordinance or
Regulation or the House agree that the Statute, Ordinance or Regulation should not be
made, the Statute, Ordinance or Regulation shall thereafter have effect only in such modified
form or be of no effect, as the case may be, so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under the
Statutes, ordinance or Regulation.
30. Repeal and Savings -*
(1) The Vardhaman Mahaveer Open University, Kota (Amendment) Ordinance, 2013
(Ordinance No. 4 of 2013) is hereby repealed.
(2) Notwithstanding such repeal, all things done, actions taken or orders made under the
principal Act as amended by the aforesaid Ordinance shall be deemed to have been
done, taken or made under the principal Act. as amended by this Act.
SCHEDULE
(See Section 16)
Statutes of the University
1. Vice- Chancellor-
(1) Omitted *
(2) Omitted *
(3) Omitted *
(4) Omitted *
(5) Omitted *
(6) Omitted *
(7) Omitted *
(8) Omitted *
(9) Omitted *
(10) Omitted *
(11) Omitted *
(12) The Vice-Chancellor shall be entitled to be present at or address the meeting of any
Authority or body of the University but shall not vote unless he is a member of such Authority
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* Statutes 01 (01-11) was omitted vide Vidhansabha Act no. 05/2013 published in Gazette Date 25/03/2014
(w.e.f. 16/01/2013)
or body.
(13) It shall be the duty of the Vice-Chancellor to see that the provision of the Act, the Statutes,
the Ordinances of the University and the regulation are duly observed and he shall have
all the powers necessary to ensure such observance.
(14) The Vice-Chancellor shall, in addition to the powers conferred on him under the Act, also
have the following powers, namely :-
(a) to exercise control over the affairs of the University.
(b) to give effect to the decisions made by any Authority of the University.
(c) to exercise all the power to maintain discipline among the students in the
University or to delegate such power to any person;
(d) to grant leave to the officers of the University and to make necessary arrangements
for work during the period of such leave;
(e) to grant leave to teachers and employees or to delegate this power to any officer
of the University;
(f) to convene the meeting of the Board of Management, Academic Council, Planning
Board and Finance Committee;
(g) to appoint a teacher on the recommendation of the Selection Committee with
the prior approval of the Board of Management.
(h) to appoint course writers, script writers, counsellors, programmers,
artists and others as considered necessary;
(i) to make all the appointments for any period, whether of a teacher or an employee or to
authorise an officer to make any appointment.
(j) to take disciplinary action against a teacher or an employee or to authorise an officer to
take such action; and
(k) to arrange for establishing or maintaining a Regional Certre or a Study Centre as
deemed necessary from time to time or to delegate such power to any one.
2. Pro-Vice-Chancellor-
(1) The Pro-Vice-Chancellor, if any, shall be appointed by the Board of Management on the
recommendation of the Vice-Chancellor.
(2) Where the recommendation of the Vice-Chancellor is not accepted by the Board of
Management, the matter shall be referred to the Chancellor who may either appoint the
person so recommended or request the Vice-Chancellor to recommend another name
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to the Board of Management.
(3) The Board of Management may, if it deems it necessary or expedient, appoint, on the
recommendation of the Vice-Chancellor, a Professor of the University to perform the
functions of the Pro-Vice-Chancellor in addition to his own duties.
(4) The term of office of the Pro-Vice-Chancellor shall be such as may be fixed, not exceeding
three years, by the Board of Management or until the expiration of the term of office of the
Vice-Chancellor or until he attains the age of sixty-five years, whichever is earlier.
(5) The Pro-Vice-Chancellor Shall be eligible for appointment for a subsequent term.
(6) Where the Pro-Vice-Chancellor has to perform the functions of the Vice-Chancellor under
clause (11) of Statute 1, he shall, notwithstanding anything contained in clause (4) continue
in office until a new Vice-Chancellor assumes office or the existing Vice-Chancellor
resumes duties.
(7) The Pro-Vice-Chancellor shall be entitled to receive a monthly salary of
Rs. .........................I* and such allowance as are admissible to a Professor of the University:
Provided that a Professor shall, while performing the function of the Pro-Vice-Chancellor,
receive, in addition to the salary payable on his substantive post, a sum of Rs. .........................
per month as special pay subject to the aggregate of salary and special pay not exceeding
Rs. .........................
(8) The Pro-Vice-Chancellor shall be entitled, without payment of rent, to the use of a furnished
residence and such residence shall be maintained by the University.
(9) The Pro-Vice-Chancellor may receive such terminal benefits also as are granted by the
Board of Management from time to time.
(10) The Pro-Vice-Chancellor may subscribe to the contributory provident fund of the University
during his term of office.
(11) Where the Pro-Vice-Chancellor had held, prior to his appointment as such, any other
post in any University, college or institution, he shall be governed till he holds lien on that
post by the same retirement benefit scheme to which he was entitled before such
appointment subject to the subscription being paid by him on the basis of his salary as
Pro-Vice-Chancellor.
(12) The Pro-Vice-Chancellor shall assist 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 are delegated to him by the Vice-Chancellor.
3. Directors- *
(1) A person shall be appointed as Director by the Board of Management on the
recommendation of the Vice-Chancellor .
* Pay Scale of the Pro-vice Chancellor shall be as per rule of state govt.
* Published in the Rajasthan Gazette Date 11.12.2014 .
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(i) In case of such person being a teacher of the University on the recommendation of the
Vice Chancellor for the period of three years.2
(ii) In any other case (against clear sanctioned post by the State Govt.) on recommendation
of the selection committee constituted for the purpose by the 1974 act. of state govt.1
(2) A director shall be a whole-time officer of the University.
(3) There shall be appointed as many directors as the Board of Management may deem
proper and one of the directors shall be in-charge of the administrative affairs of the
teachers.
(4) The salary, allowances and other conditions of service of the Directors shall be as per
State Govt. rules if he/she is selected by the selection committee and in case of teacher
of the University salary and allowance will be drawn from his original post.
(5) A director shall be retire on attaining the age of sixty years or as decided from time to
time by the govt. of Raj.
(6) A director shall exercise such powers and perform such functions as may be prescribed
by the Ordinance of the University.
4. Registrar-
(1) The Registrar shall be appointed by the Board of Management on the recommendation
of Selection Committee constituted for the purpose by the said Board:
Provided that the first Registrar of the University shall be appointed by the Chancellor
after consultation with the State Government for a period not exceeding three years on such
terms and conditions as the Chancellor may determine.
(2) The Registrar shall be a whole-time officer of the University.
(3) The salary, allowances and other conditions of service of the Registrar shall be such as
may be prescribed by the Ordinances of the University from time to time.
(4) The Registrar shall retire on attaining the age of sixty years.
(5) The Registrar shall have power to take disciplinary action against such classes or
categories of employee other than teachers as may be authorised by the Vice-Chancellor.
(6) An appeal against the order made under clause (5) may be preferred to an officer
especially empowered in this behalf by the Board of Management.
(7) The Registrar may, if he is of the opinion after completing the enquiry that adequate
punishment cannot be awarded by him, submit a report along with his recommendation
regarding punishment to the Vice-Chancellor who, may, after considering the report,
impose any penalty.
(8) The Registrar shall exercise the Powers and perform the function as under :-
(a) to act as the Secretary to the Board of Management and the Academic Council;
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(b) to act as the Custodian of the records of the University;
(c) to convene meetings and maintain the minutes of the meetings of the Board of
Management, the Academic Council and the committees constituted from time to
time;
(d) to conduct the proceeding and deal with the correspondence of the Board of
Management, the Academic Council and the committees.
(e) to submit to the Chancellor copies of the agenda and the minutes of the meeting
referred to in sub-clause (c);
(f) to sign powers of attorney, verify pleadings, appear in the court and authorise a
person to appear for and on behalf of the University in a suit or other proceedings
filed by or against the University; and
(g) to perform such other functions as may be assigned to him by the Board of
Management or the Vice-Chancellor or under the Statutes or the Ordinances of the
University or the regulations.
5. Comptroller-
(1) The Comptroller of the University shall be appointed by the Board of Management on the
recommendation of the Selection Committee constituted for the purpose by the Board.
(2) The Comptroller shall be a whole-time officer and shall work under the control of the
Vice-Chancellor.
(3) The salary, allowances and other conditions of service of the Comptroller shall be such
as may be prescribed by the Ordinances of the University from time to time.
(4) The Comptroller shall retire on attaining the age of sixty years.
(5) The functions of the Comptroller in the event of his office falling vacant or he, by reason
of ill health, absence or any other cause, being unable to perform his functions, may be
performed by such person whom the Vice-Chancellor may appoint for the purpose.
(6) The Comptroller shall exercise the powers and perform the functions as under :-
(a) to exercise general, supervision over the funds of the University;
(b) to advise the University regarding its financial policies;
(c) to hold and manage the assets and properties of the University and the investments
and trusts made or created by it ;
(d) to ensure that expenditures are made within the limits fixed by the Finance Committee
and for the purposes for which money is alloted or granted;
(e) to prepare the annual accounts and budgets of the University and to present them
after being considered by the Finance Committee, before the Board of Management.
(f) to keep watch on the cash and bank balances ;
(g) to supervise collection of revenue and to advise on the methods of such collection;
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(h) to ensure that the registers of properties of the University are properly maintained
and that stocks of equipments and other materials in the offices of the University,
Regional Centres, Study Centres and other institutions are duly checked;
(i) to bring to the notice of the Vice-Chancellor any unauthorised expenditure or financial
irregularity and suggest action against the person concerned.
(j) T o call for any information or report necessary for his work from any office, Regional
Centres, and Study Centres of the University.
(k) to perform such other financial functions as may be assigned to him by the Board of
Management.
6. Controller of Examinations -
(1) The Controller of Examinations shall be appointed by the Board of Management on the
recommendation of the Selection Committee constituted for the purpose by the said
Board.
(2) The Controller of Examinations shall exercise the powers and perform the functions as
under :-
(a) to issue, under the direction of Vice-Chancellor, notices for convening meetings of
the Selection Committee of examiners the Board of Moderators and other committees
constituted in connection with the examinations of the University.
(b) to maintain the minutes of all the meetings referred to in sub-clause (a) ;
(c) to control the conduct of examinatioExcerpt shown. Open the full act in Lexace.