The Central Universities Act, 2009
This Act establishes Central Universities and sets out their governance, powers, and basic rules.
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This Act establishes Central Universities and sets out their governance, powers, and basic rules. This part repeals the Central Universities Ordinance, 2009 and saves earlier actions and appointments, while requiring pending selection matters to continue under this Act unless the concerned authorities, with Visitor approval, decide otherwise. This provision limits who may serve in certain University roles, sets eligibility rules for Alumni Association voting and elections, gives students a right to raise matters before the Students' Council, and sets powers for University authorities, the Executive Council, and the Visitor.
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Provisions of The Central Universities Act, 2009
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This Act establishes Central Universities and sets out their governance, powers, and basic rules.
mip**Wm- r w m s n c - ~ 0. ~ ~ ~ w d - - n mlum Y- mn-WI PARTU-- 1 !Mmitrmfka .I PUBLISHED BY AUTHORITY d.271 f l h w A l h w A ~ r l r f m . ~ / 1 2 9 ~ , 1 9 3 0 Na 271 NEW DEW. FRIDAY. MARCH 24X I9129 Phrkm~1.930 MMISTRY OF LAW AND JUSTICE (LegislativeDepartment) New Lklhi the20th M a 4 2 009/PhaIp29, 1930 &&a) The following Act of parliament received the went of the President on the ZOthManh, 2009. mdhh&y publisted for gcncral infirmstion:- _I- THE CENTRALUNIVERSITIESACT, 2009 NO.25 OF2009 9 (20thMID-c~.ZOOS.] AnAct toestablishandincorporateuniversitiesforteachingandmsachinthe variousStatesandtoprovideformattersconnectedtbenwithoriocidental BEitmacted by Puliunent mthe SixtiethYearofthe Republic of India- followr:- 1. (I)This Act may be called the CentralUniversities Act, 2009. Shon litls and (2) It shall be deemed to have come into force on 15thday of January, 2009. -1 2. In this Act, and in all Statutes made hereunder, unlen the context otherwilc Definitions. requires,- (a) 'Academic Council" means the Academic Council of the University; . (b)"academic staff' means such categories of staff as am designated macademic sraff by the Ordinances; (c) 'Board of Studies" means the Board of Stidies of a Department of the University; (4"College" means a college maintained by the University.; (e)~Chanoellor",'V~IIelld'an"Pdr c -ViecChancellor" mean, rrspectively, the Chancellor, Vimoellor and Ro-ViceChancellor of the University; V)"Court" means the Court of the Univenity, (g)"Depmt"nuama DeparhmntofShdies and includes a Cannofstudies; (h) "dutnnce education system" maim me system of imparting educntion through any nyof urnmuniatim, such as broadcasting, telecastit)& in- wrrcspondencs comes, minus,wnfact p r o v e s o r the a m b io f my A YO ormoresuch means; (13"empl~yee"m ans any p n appointed by the University and includes teachers and dhcr staffof the University; (j)"Executive Council" maim the Executive Council of the Univmity; (k) "Hall" mans a unit of midarcor ofcorporate life for the students of the, University, or of a Ccllege or an InrtitutMn, maintained by the University; (0"LnstiMion" mewa n audrmic hwtitution, not being a College, maintained by the University; (m)"RincipJ" nuamthe Headof aCollege or anInstiMion maintained bythe Un~vasityand incllldrs, wherethuc isw Rimi,the penon forthe time beiiduly appointedto act cu Principal, and in the absencaof& htipal, ortheacting Princiil, a Vice-Principal duly appointed cu such; (n)"RsguMomnmedm thc Rsguhlionsmsdeby any authorilyo f the University under this Act for thetime Wing in fwce, (0) "School* means a School of Scudiw ofme Universrty; @) "Statutes" and "Ordinances" mean, respectively, the Statutes and the Ordinances of theUnivmity for thetiine bclng 1n force; (q) "teachers of the University" means Professors, Aswciate Professors, Assistant Professors and such other persons as may be appointed for impart~ng inmuctlk or conducting research in the University or in any College or Inn~Mion maintained by theUnivasity and urc designated as teachers by the Ordinances; and (r)"Universityn mansa Univers~tyes tablished and inwrpomted acaUn~versity under thyl Act Eslrblnrbmcnt 3. (1) The GUN Ghasidas Vishwavidyalaya in me State of Chhattiignrh and Doctor of Hariiingh Gour V~vidyalayian the Srare of Msdhya Radnh, establi undw the Un~vsnltles. M a d h y a R a d Q h p A d h h i y m , 1973.d HandN andm Bahuguna Garhwal Madhy. University in the SWe ofUttarakhand, established under the Utlar Pradesh State Universities h t k b A ct Act, 1973, shall be established as bodies corporate under this Act by the same names of 2 R 2 c o c f l d 1 ,m 97 r 3 s.4cl "GuI-J Ghcuidas Wshwavidphys". "Dodor HarisinghGour Viwavidyslaya"and"Hemvsti 973 Nandan Bahuguna Gsrhwal University", respectively. (2) The headquattm of GUN Ghmidas Vishwavidyalaya, Donor Harisingh Gour Vishwavidyahya and Hemvati Nandan Bahuguna Garhwal University shall be at Bilaspur, Sagar and Srinagar, respectively. (3) The jurisdiction of GUN Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hetnvati Nandan Bahuguna Garhwal University, shall extend to the Bilaspur, Raigarh and Surguja districts of the State of Chhanisgarh, the Sagar. Tikamgarh, Chhatarpur, Panna. Chhindwara and Damoh districts of the State of Madhya Pradesh, and the Chamoli, Dehradun, Garhwl, Hardwar, Rudraprayag,Tehri G&wl and Ultarkashi di&& of the State of Uttarakhand, respectively. SEC. I] THE MZElTE OF INDIA EXTRAORDINARY 3 (4) There shall be established, the Universities in the various States as bodies corporate, by such names and territorial jurisdiction, mqccifid in the FiSchedule tothii Act. (5)The hcadquarDers of csho f theUniversities, referredto insub-wqimn (4). shall be such asmay be specified by the Centd G o v c m ~bty notification in the Ofticid Gazeme. (QThefirrtChsncelloc,UICfirstW~UorandhfintlmmbcrsofUICCourtt,he Executive Cwhcil and the Acdanic W i lof esch Unlvasity. udall prmauwho may hcnaRsr kawu,such oflicaa w slankn,m longssthey to hold such office or memknhip, am hereby coartiaaedsbody carporate by the a~locfthe University. (7)The Unimity shall have pcrpehralsuccession and a common seal,and shall sue andbesdbythcraidnmo. 4. On and from the dale of wmmcclamcnt of this Act,- Effeci of ut~bltshmsnt (a) any rrfcrcihxto G wG huidas Vi8hwavidyehp. Docfor Heriingh Gour of VumVandyalayaor HanvatiNandvl MugunsGamwal University. in my contractor otba inshument shsll kd d M a mfutnw to G wG h P i~ imvidplaya Doctor Harisingh Gour Viwdndyslaya, and H e m dN andm Bahuguna Gamml University, mpcctively, established under this Act; (b) all pmpertics, movable and immovable. of or belonging to Guru Ghuidar Viwavidyahya, Dnctot Hsrisingh Gow Viwvidyalaya and Hemvui Neadnn - BahylunaGa~itwaUlniversity, shall vest in Guru G h P iW 8hwavidyrlay1, Dodor Wiingh Gour Vihwavidyd*ls w Hannti NanQn BabugunaGarhwalUnivaity, m the case may be, esrabli undu this Act; (c)dlrighband liilitiw ofWGhasidas V i d y d a y r , DoctorHuisingh GourVihwavi* and Hanvrti N.nQn Bshupnm Osrbml Univmity, dyll k mnsfmed to,and be the rights and liabiliw of, GUMGhmldg V&wsv(dplayr, Doctor Harisingh Gour Vihvidyakp and H a n dN ud.n Bahugu~G h l University, rcspcctively, sstrblikhed under thia Aet; (4 everypason employedbyG wG haridar Vuhmvdiy&p , DoawHa&i GwVuhwa- and HanvatiNandsl Bahuguaa Gd~waUl nivcni, inuncdiily bchre hec ommencement ofthis Act shall hold his office or rcniccin Guru Ghasidar Vishwavidyalaya. Doctor Harisingh Gour Vihwavidyalaya and Hemwti Nandan Bahugunn Gdwal University, rarpcctively, esiabliahcd undu this Ad by the same tenure, at the pamemumuationand upon UIC rams mu and condimna andwith the pame rigNs and privileges uto pauion, leave. gmmity, pmvida~tfwd and other mancm as he would have held the lamif this Aah ad not bcm enactcd and shall continue to do sounless and until bis employment is terminated or until such tenure, remuneration and t m sa nd conditions areduly altered by the Stntutes: Provided that if the alterallon somade IS not acceptable to such anploya, he employment may be terminated by the University in accordance with the terms of the contnnwitJ~the einployec a.ifmprovision is made therrmin thiu behalf,on payment to him by the University, of compmsation equivalent to three months' remuneration In case of permanent employes and one month's remuneration in he case of other employees. Provided further that every person employed before the commencement of this Act, pending the execution of a contract under section 33, shall kdeemed to have been appointed in accordance with the provisions of a wnbact consirtent with the provisim of this Act and the Statutes: Prov~deda lso that any reference, by whatever form of words, to the V~ce- Chancellor and Prc-Vice-Chnnwllor of GUN Ghasidar WshwavidyalayP, Doctor Harlsingh Gour Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University, in any law for the timebelng in force, or in any Instrument or other document, shall be 4 THE GAZETTE OF NDIA MTRAORDINARY PARITC construed aia reference to the VicoChanccllor and the Pro-ViccChancellor of GUN Ghasidas Vishwavidyalaya, Jhctor Harisingh Gour Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University, as the case may be, established under thisAct; (e)theVihancellors of G wG haidsr V'iwavidyala)9and Doctor Hariiingh Gour Vishwavidyalaya, appointed under the provisions of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973, and the ViChancellor of Hcmvati Nandan Madhya Bahuguna G a MU nivcraity, appointed under the provisions of theUttar Pradcsh Pndesh Slatt Univasitics Act, 1973, rhrll be deemed to haw been appointed as the V i 2 m 2 ld s o n f ,, a 1 973 Chancellors under hiis A qa nd ahall hold office for a pcriod of thrcc months or till lo 1973. such timeli~~firVaicloChancellor is appointed underd o n4 4 ofthe A* whihmr is earlier; and V) all Colleges, Institutionq Schook or Facultis, and DqWmntsafliliito, or admitted to the privileges of, or maintai& by, GUNG hidas Viwavidyalaya, Doctor Harisingh Gour Vurhwavidyalaya and H m t iN andan Bahuguna Garhwal Univcnity ahall s t da ftilialed to, ofdmitcsd to the privikgcs of, or maintained by, GuruGhsshVismVavidy.by4Doftor%isin& Gour Vkhwadydqn and Hcmvati Nandan Bahuguna Garhwal Uniumity, mpaively, established under him Act ob~setsof 5. The objbers of the University shall be to disseminate and advance knowledge by UnlverslV. providing imtructiod andrssavch facilities in such branelm of learning as it may d mfit ; to make special provisions for intsgrated wursn in humanities, swial ecisnces, sciena and technolo& in its educational programines; to take appropriate mmures for promoting inmvations in teaching-lcaming procas Md interdisciplinary sludies and rmarch; to educate and train manpower forthe development of the country,to d l i s hl l n mw ith indluhies for the promotionof scisnu srd technology, and to pay syspccrillacmion to the impm- ofthesocirl andCQ)OO& diand weheo fthe pcopk, their 'mllstual, academic nod cultursl devebpment POW^ of 6. (I)The University shall have the following powers, namely:- Unlvcrslty (0 to provide for instruetiom in sffih bmches of learning like natural sciences, wial sciences, humanities, engimriig, technology and medicine as the University may, 'om time to time, determine and to imkc provisions for research and for the advancement and diiscminaIi~1o f knowledge; (ii) to p t ,s ubjedtosuchmndiions athe Univcnity may determine,diplomas or certificatesto, wd wnfer degrcesor other scademic distinction3 on, persons, on the h i so f cxami~utionse, nlustion orany other method of testing, Md to withdraw any such diplomar, mtifiicatcs, degree! or other acadanic distinctions for good and sufficient cam; (iio to organia and to undertake extramural studies, training and extension semias; (iv) to confer honorary degrees or othu distiictione in the m~mprrescribed by the Stntutes; (v) to provide facilities through the distance education system to such persons asit may dmrmine; (vf) to institute Principalships. Professorships, Associate Professorships, Assistant Professorships and other teaching or academic positions, required by the University and to appoint persons to such Principalships, Professorships. Associate Professorships. Assistant Professorships or other teaching or academic positions; (vii) to recognise an institution of higher learning for such purposes as the University may determine and to withdraw such recognition; SEC.I] THE GAZETIT OF INDIA EXTRAORDINARY 5 (vii~t]oappoint persons working in any other University or academic institution. includingthose located wflidethe country,asteachers of the University for a specified per~od; (*)to create administdvc, ministerial andotherporn and to make appoinbnenb thereto; (x) towperate or colhborate or assmime withanyo kUn iversity orauthority or institution of higher bming, including thasa lo- outaide the countiy, in such manner and for such purposes mtheUniversity may debmine; @I) to esmblish such centres and specialid laboratories or other units for nrsesreh and iwbuction m are, in lhs opinion of the University, necessary for the fbrbmw of ils objecls; to instilute and award fellowships, scholarships, -iships. medals and prim; (xiil) to establish md maintain Colleges. Institutions and Halls; (xh) to mdrc provision for mearch and cadviwiy ssrvica and for that purpose to enter into such arrangenmbwhodm inrtihltiom, induelrial o r ~ o ~ i a u t i o n s , asthe University mayham nectssary; (xv) to organis and d u umfraher coursm. worlahops, miners and other programmu for teachers, eval~umFJa nd otha academic staff; (xvbtoappointonconbador omuwhs viritingRoftssors, EmuitusRofeswrs, ConsultantP and such other persons who may contribute to the advancement of the objech of the University; (xvii)to confer autonomous rtatuson a College or an hstihltion or a Depattment. m the uuc may be,in accordancewith the Statures; (xviil] todetermine standards ofadmission tot& University, which may include emination, evaluation or any other method oftcsting: (xu) m demand and receive payment of fee and other charges; (xx) to supervise the residence of the students of lhs University and to make arrangmmls for promoting (heir health and general welfan; (mi)to lay downconditions ofsewice of all categories of employees, including their code of conduct; (xxii) to regulate and enforce discipline among the students and the employees, and to take such di&iplinay measures in this regard m may be deemed by the University to be ncassar)., (xxiir] to make annngemenls for promoting the health andgeneral welfare ofthe employees; (xxiv) to receive benefactions, donations and gib and to acquire, hold and manage, and to dispose of, with the previous approval of the Central Government, any property, movable or immovable, including trust and endowment properties, for the purpooes of the University; (m)to borrow, with the previous approval of the Central Government. on the security of the properly of hUniversity, money for the purposes of the Univmity; and (mi)todo all such other acts and things asmay be necessary, incidental or conducive to the attainment of all or any of ih objects. (2) In exe~iaingit s powers referred to in sub-section (I),it shall be the endeavour of the University to maintain an all-India character and high standards ofteaching and nseanh, 6 TIIE GAZETI% OfINDIA EXTRAORDINARY [Pur 11- and the University shall, among other measures which may be necessary for the said purpose, take, in pzuticular, the following measures, namely:- (i)admission of students and recruitment of faeulty shall bc made on all-India basis; (illadmiions of studcnts shall be mPde on mait either throuPh Common ~ntran; T~SLwSnducted individdly by the University orin c o m b i nw ith other Universities,or on the baais ofm arks obtsined in the qualifying emmination in such courses *re the intake of students is small; (iir) inter-University mobility of faeulty, with portable pensions and protection of seniority, shall be encouraged; (iv)semester system, continuous evaluation and choice-based credit system shallbe introduced and theUnivarityshall enter into agreements with other Uniwities and academic institutions for credit bawfer and joint degree programmes; (v) i~nvativecourses and progranuncs of studies shall be imoduccd with a provision for periodic review and resbucturing; (v~)activcp articipation ofstudents shall beensured in all academic activities of the University, including evaluation of teachers; (vii) accreditation shall be obtainod from the National Assessment and Aecred'itation Council or my ohnecerediting agency at the national level; and (viii) e-governance shall bcintroducedwith an M v em anagement information sysrem. Un~vcrrity 7. The University shall be open to persons of either swcand of whatever caste, creed, open to all race or claps. and it shall not be lawful for the University to adopt or impose on any pason, canes, creeds any testwhatsoever ofr eligious beliefor profewion in order to entitle himto beappointed as race or class a teacher ofthe University or to hold any ohro f f it herein or to bc admitted as a student in the University or to graduate thereat or to enjoy or exercise any privilege thereat Provided that nothing in this senion shall be d dto pr event the Univenity from making special provisions for the emplomora dmission ofwomen, permm withdisabilities or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes, the Scheduled Tribes and the other socially and educationally backward classes of citizens: Provided further that nosuch special provision shall be made on thegmund ofdomicile. Visitor of 8. (1)The President of India shall be the Visitor of theUniversity. University. (2) T%eV isitor may, from time to time, appoint one or more persons to review the work and progress of the University, including Colleges and Institutions maintained by it, and to submit a repon thereon; and upon receipt of that report the Visitor may, aRer obtainingthe views of the Executive Council thereon through the Vice-Chancellor, take such action and issue such directions, as he considers necessary, in respect of any of the matters dealt with in the reponand the University shall abide by such action and be bound to comply with such directions. (3) The Visitor shall have the right to cause an inspection to be made by such person or persons, as he may direct, of the University, its buildings, libraries, laboratories and equipment, and of any College or Institution maintained by the University; and also of the examinations, teaching and other work conducted or done by theuniversity and to cause an inquiry to be made in like manner in respect of any matter connected with theadministration or financm of the University, Colleges or Institutions. Set.I] THEGAZETIE OF MDlA EXTRAORDINARY 7 .-- -.-. ... . -- (4) The Vtsitor shall, in every matter referred to in sub-section (3). give notice of hi intention to cause an inspection or inquiry to be made, to the University, and theUniversity shall have the right to make such rrprwcntaaio~to the Visitor, asit may consider necessacy. (5) Aftcr considering the representations, if any, made by theUniversity, the Viitor may cause to be made such inspection or inquiry asis referrod to in sub-section (3). (6)Where any inspection or inquiry has bew caused to be made by the Visitor, the University shall be entitled to appoint a repmsentative, who shall have the right to be present and be heard at such inspection a inquiry. (7) TheVisitor may, if theinspection or inquiry is d ein r esped of the University or any College or Institution maintained by it, addrns the Vi-Chancellor with retwnce to the result of such inspection or inquiry together with such views and advice with regard to the action to be Fakcn thcr#m,uthe Viitor may be pleased to offer, and on receipt of address d eby theViitor, theVibChsnccllor shall communicah, to theExecutive Council, the views of theVisitor with such advice uthe V~sltorrn ay offer upon the actionm be laken thereon. (8)TheExdveCouncilshallcommunieatC~theVi~llortotheViitor such action, if any, uit propoasto take or haskentaken uponthem kof suchinspation or inquiry. (9)Where, theExecutive C-il doesnot, within a reasonablethe, tdrcadioo to the satisfaction of theViitor, theVisitor may, after considering anyexplanation furnishedor representation msde by rhc~xceutivCe okil, issue such &on& m he may Ihiif it, and th; ~ x w t iCkouncilshall comply with such direction& (10) Without prejudice to theforsgoiag pmvisions of thi Eation, theVisitor may, by order in witing. mu1a ny procesdi of theUniversity whii snot in mformity with this Act, the Sracutcs or theOrdU' LBIW: Provided that before making any such order, he shall call upon theR e g hto show cau& why such an order should not be made, and, if any cause is shown within a maonable time, he shall consider the same. I (11) The Visitor shall have swh othcr powas m may be p m i by the SMrtes. 9. The following shall be theol3icem of theUnivasity, namely:- Ofiicw Of University (1) the Chancellor; (2)the VicbChsncsllor; (3)the~ V i h a n c e l b r , (4) the Deans of Schooh; (5)theR%im (6)the Finance OfSicer; (7)the Controller ofExaminations; (8)theLibrarian; and (9) such other off~cersa s may be declared by the Sta~utesto be the officers of the University. 10. (1) The Chancellor shall be appointed by theVisitor in such manner as may be Chancellor prescribed by the Statutes. (2)TheChancellor shall, by virtue of his office, be the head oftheuniversity and shall, if present, preside at the Convocations of the University held for conferring degrees and meetings of the Coud. 8 'WE GAZETIT OF MDlA EXTRAORDINARY [PUT ll- vtce. I I. (I) The Vihaneellor shall be appointed by the Visitor in such manner asmay be Ch'nccllOr. prescribed by the Statutes. (2) The ViceChancellor shall bathe principal executive and academic offiaer of the University andshall exercise pdsupervision andcontml overthe affairs oftkU niversity and give to the decisiom of all &e authorities of theUniversity. (3)TheViceChsncellor may, if he is of the opinion that immediate action is nectssllry on any matter, exercise any power wnfured on any authorityof theUniversity by or under. this Act and shall report to such authorlty at its next meting hea ction taken by him on such matter: Provided thatif the auhrity cornedi s of tk opinion that such action ought not to have been taken, it may refcr thematter to the Visitor whose decision !herem shall be final: Provided further mst any pasonin the service of theUniversity who is sggried by the action taken by heV o rl- underthis s M msha ll hnw right to re- against such sction to the Executive Council within three month8 h mt he date on which decision on such Mion is communicated to him and thereupon the Executive Council may ' confirm, modify or reversethe action taken by the ViebChancellor. (elk ViaChncslla. ifhe isof tbe opinion mat any decision of myauthority oflhe University is beyond thepowers of the authority wnfcrd by theprovisions of hisA ct, the Statutes or the Ordhefir orthatmy daision taken is not in theintcnst of lhe University, may ukthe auhrity concanal to revim its decision wihin sixty days of such decision and iflhe authority mAuu mreview& decision either in whole or in pat or no decision is taken by it within lhe said period of sixty days.the matm shall be rcfemd to he Visitor whose decision thereon shall be final. (5) The V i l l o r Jh rll exercise such other powers and paform such other dutk umay be prmcribed by theSeams or theOr$~m~lfe~. pro-vice- 12.The Pro-ViceXhamxllor shall be appointed in such manner and on such terms and Ch'nccllor conditions of wryice, and shall exercise such pomp and perform such duties, ismay be prescribed by the Statutes. ~eanso f 13.Every Deanof School shall be appointed in such manner, and shall exercise such Scboolr. powers and perform such dutim, a may be prescribed by he Smtes. Registrar 14. (1) The Regim shall be appointed in such manner. and on such tern and conditions of sewlce, m may be prescribed by the Statutes. (2) The Registrar shall have the power lo enter intoagreements, sign documen@ and authenticate records on behalf ofthe University, and shall exercise such powers and perform such duties, as may be prescribed by he Statutes. . Financc IS. The Finance Officer shall be appointed in such manner, and shall exercise such Officer powers and perform such duties, as may be prescribed by heS tnMes. Contmllcr of 16.IheConhuller of Examinations shall beappointed insuch m~ncrandshall exercise Examinations such powers and perform such duties, may be prescribed by the Statutes. L~brarian 17. The Librarian shall be appointed in such manner and on such termsand conditions of service, and shall exercise such powers and perform such duties, a may be prescribed by the Statutes. Olhcr 18. The manner ofappointment and powers and duties ofothw officersofthe University officers shall be prescribed by the Statutes. Authorities of 19. The following shall be the authorities of the University, namely:- University. (1)he Court; (2) the Executive Council; SFL.I] WE GAZETIE OF INDIAEXTMORDINARY 9 (3) the Academic Council; (4) the Board of Studies; (5)the Finance Committee; and (6) such other authorities as may be declared by the Stntutcsto be the authorities oft he University. . , 20. (I) The wnstitution oft he Court and the term ofo ffice of its members shall be Thc Court. prescribed by the Statures: Provided that such number ofm embers, as may be prescribed by the Statutes, shall be elected h ma mong the teachers, employees and students of the University. (2)Subject to the provisions ofthiiA ct, the Court shall have the following powers and functions, namely:- (a)to review. from time to time, the broad policies and programmes oft he University, and to suggest measures for the improvement and development of the University; (b)to wnsidw and.pars resolutions onthe annunlreport andtheannual accounts of the University and the audit report on such accounts; (e) to advise the Viitor in respect ofa ny matter which may be referredto it f6r advice; and (4 to perform such other functions asmay be presciibed by theStatutes. 21. (IT)he Executive Council shall be the principal sxautive body oft he University. Excculivc Council. (2) The wnstitution oft heExecutive Council, theterm ofoffice ofi ts members wd its powers and functions shall be prescribed by the Statutes: Provided that such number ofm embers asmny be pnseribrd by the Status shall be from among hee lected members oft he Court. 22. (IT)he Academic Council shall be the principal academicbody oft he University Academic and shall, subject to the provisionsofthis Act, the Stalutes wdt he Ordinances, coordinate CoYncit~ and exercise general supervisiono yer the academicpolicies oft he University. (2) The constitution oft he Acadkic Council, the term ofo ffice of irsmembers and its powers and functions shall be prescribed by the Sratutes: Providedthat such number ofm embers as may be pmribcd by the StaMcsshall be from among the elated members oft he Court 23. The wnstitution, powers and functions ofthe Boardsof Studies shall be prescribed Bods by the StaMes. of SNdics. 24. The wnstihltion,powers and fiionsofthe Finance Committee MIbe prescribed Finance by the Statutes. Committee. 25. The constitution, powek and funaions ofo therauthorities, as may be declared by Other the Statutes to be the authorities ofthe University, shall be prescribed by the Statutes. aulhO'iriCs Univcrsily 26. Subject to the provisions ofthis Act, the Statutes may provide for all or any oft he Vowen lo fouowing matters, namely:- makc Statures. (a)thewnstitution, powers and functions ofauthorities and other bodies ofthe University, a~ may be constituted fiom time to time; (b)the appointment and continuance in office of the members of the said authorities and bodies. the tilling up of vacancies of members. and all other matters 10 THE GAZETIE OF MDlA EXTRAORDINARY [PARITI- -- relating tothose authorities and other bodies for which it m yb e newsatyor desirable to provide; (c) the appointment, powers andduties ofthe officers of theuniversity and their emoluments; (d)the appointment of teachers, academic staff and other employees of the University, thei emoluments and conditions of omice; - (e) the appoinhnent of teachers and sesdemic staff working in any other University or arpisation for a specific periad for undertaking a joint project; V) the conditions of mice of employees including provisions for pension, insurance. provident fund, themannerof tamination of service and diiipliiary action; (g)the principled governing the seniority of service of the employcn of the University; (h) the procedure for arbiiion in cases of dispute between employw or. students and the University; (I) the pmdure for appeal lo l5e Executive Council byanyemployeeor student against theaction of any officer or authority of the University; Q the conferment of autonomous slatu on a College or an Institution or a Depcntmcnt; (k) tbe establishment and abolition of Schools, Departments, Centres, Halls, Colleges and Innions; (I) the wnfcnnent of honorary degrrea; (m)the withdrawal of degrees, diplomar, certificates and other academic distinctions; (n)the management of Colleges sad Institutions established by theUniversity; the delegation of po- vested in the authorities or officers of the Univmity; (0) @)the maintenmce of discipline among the employes and shldents; and (q) all o hma - which by LRAct arc to be, or may k,provided for bythe Stetutes. Staluas, how 17. (I) The first Saauta are those set out inthe Second Schedule to this Act. to bc Mdc. (2) TheExcadive Council may, fmm thet otima,make new or additional Statutes or may amend or repeal the Statutes refursd to in sub-section (I): Provided that the Executive Council shall not make, amend or repeal any Statutes affecting the sgtlcl, powers or constitution of any aucharily of theUniversity until such authority has been given an opportunity ofexpressing an opinion in writing on the proposed changed. and any opinion so expressed shall k considered by the Executive Council. (3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the assent of Visitor who may assent thereto or withhold assent or remit to the Executive Council for re-consideration. (4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor. (5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may make new or additional Statutes or amend or repeal the Statutes refemd to in sub- section (1)during the period of three ymrs immediately after the commencement ofthisAct: Provided that the Visitor may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed Statutes as he may consider liccessary and such dctailcd Statutes shall be laid before both Houses of Parliament. SEC.I] 1HEGAZETTE OF INDIA EXTRAORDINARY I1 (a) NotwahPtanding anpbing.Mntsincd in this Wio& the Vsitor may direct the University tomake provisions in the Sotulss in respat of any matter specified by him and ife' Executive Council is unable toimpluneot such diohwithins brty dapofi tr receipt, the Visitor may, a hco nsidering the so^,ifany, communicated by theExccutivc Council for its inability to comply with such diion,m ake or amend the Statutes suitably. 1%(I)Subject ti the pmvhions of this Act and the Statutes, the Ordinances may Power ro provide for all or any of the following mtta-8,namely:- make Ordinmsea. (a)the admission of students to the University and their enrolment sssuch; (b)thecourses of study to be laid dorm for all degrees, diploman andcertificates of the University, (c) themedium of irrPtruerion andexamination; (d)rheaward of dcgrees, diplomas, cettificatca and other dem icd iitindions, the qualifications for.m e same andthe means tobe taken relating to thegranting and obtainimg of the same; (e) the fees to be charged for murses ofstudy in the Universityandfor admission to examinations, degree and diplomas ofthe Univasity; V) the condins for award of fellowships, scholarship, sbdentrhip~m edals andprim; (8)the eonduct of examhtioaq including the tsrm ofoffice ad m~rmuof. appointmmt and the duties of examining bodies, examiners and moderators; (h) the conditions of rcsidamx of thertudcnra of the Univeiaw, (i)the special ai-ranganentl, if any, which may be madefor the Adenca and teaching of women sh~dartsand the prescribing of special amW of studies for them; (Jthe establishment nfcentrcs of Studin. Boards of Studies. Specialid Laboratories and other Committees; (k) the manner of cooperation and collaboration with otha Univmitics. instiMions and other agencie-s includiig l e a d b odie-s or associstions; (I)the cmriw, cornposh andhnctkmsof any other body which is considered wcewuyfor improving the dcmicl ife of the Univer3ity. (m) the instiMion of fellowships, schoknhips, studentship5 md& and prim; (n) the setting up of a macbmuy for redresad of gricvcnccs of employas and students; and (0) all otha matters which by this Act, or, the Statutes. are to be, or, may be, provided for by the Ordinances. (2)Thefirst Ordinancs shaltbe msdeby heVidhancellorwith theprcvba pproval of the Executive Council and the Ordinances so made may also be amended, repealed or added to at any time by the Executive Couricil in the manner prescribed by ihe Statutes: Provided that in theusx of Guru Ghasidas Vishwavidyalaya and Doctor Harisingh Gour Vishwsvidyalaya, and Hcmvati NandanBahugunaGarhwal University, till such time as the first Ordinances are not so made, in respect of the matters that are to be provided for by the Ordinances under this Act and the Stam,t he relevant provisions of the Statutes and the Ordinances made immediately before the commencemt ofthis Act under the provisions Mndhya of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973, and the Uaar Pradesh State P*desh UniversitiesA& 1973, respectively, shall be applicable in sofar as they are not inconsistent 22 Or 19"' with the provisions of this Act and the Statutes. President's Act 10 or 1973 12 THE GAZETTE OF INDIA EXTRAORDINARY [PARTII- 29. The authorities of the University may make Regulations, consistent with this Act, the Statutes and the Ordinances, for the conduct of their own business and that of the Committees, ifany, appointed by them and not provided for by this Act, the Statutes or the Ordinances, in the manner prescribed by the Statutes. he Annual 30. (1) annual report ofthe University shall be prepared under thedirection dfthe rcporl. Executive Council, which shall include, amongotha matters, the steps taken by iheUnivenity towards the fulfilment of its objem and shall be submined to the Court on or before such date as may be prescribed by the Statutes and the Court shall consider the report in its annual meeting. (2) The Court shall submit the annual report to the Visitor along with its commentr. if any. (3) A copy of the annual report, as prepared under sub-section (I)s,hall also be submitledto the Central Government, which shall, as soon asmay be, cause the same to be laid before both Houses ofP arliament. Annual 31. (I)The annual accounts and balance-sheet of the University shall be prepared lCC0U"tS under the direction of the Executive Council and shall, once at least every year and at intervals ofn ot more than f i hm onh, be audited by theCompaoller and Auditor-General of Miao r by such persons m he may authorire inthis behalf. ' (2) A copy of the annual accounts together with the audit report thereon shall be submitled to the Cwrt and theVisitor along withIheobservatias ofthe ExecutiveCouncil. (3) Any observations made by thVisitor on the'annual accounts shall be brought to the notice oft hCwnand the observations oftheCourt, ifany, shall, aRer being considered by the Executive Council, be submitted to the Visitor. (4)A copy of( bs annual accounts together with the audit report, assubmined to the Visitor, shall also be submitted to the Central Government, which shall, as soon ac may be. cause the same to be laid before both Houses ofP arliament. (5) Theaudited annualaccounts after having beenlaid before both Hou~gofParliament shall be published in the Gazette of India. Returns and 32. The University shall furnish to the central Govenunent such returns or other information. information with respect to its propetty or activities asthe Central Government may, fiom time to time, require, within such period asmay be specified by the Cenbal Government. Condil~onso f 33. (I)Every employee pft he University shall be appointed under a written contract, servlcs of which shall be lodged with the University and a copy of which shall be furnished to the employccs. employee concerned. e16. (2)Any dispute wising out oft he contract between the U~versityan d any employee shall, at threquest oft he employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the employee concerned and an umpire appointed by the Visitor. (3) The decision oft he Tribunal shall be final and no suitshall lie in any civil court in. respect of the matters decided by the Tribunal: Provided that nothing in thissubsection shall preclude theemployee fiom availing of thejudicial remedies available under articles 32 and 226 of the Constitution.. (4) Every request made by the employee under sub-section (2) shall be deemed to be asubmiuionto arbitration upon the termsofthis sectionwithin themeaningoftheArbi'mtion and Conciliation Act, 1996. 26 of 1996 (5) The procedure for regulating the work of the Tribunal shall be prexribed by the Stalutcs. SEC. I] THE GAZETlF OF INDIA EXlRAORDINARY 13 34. (I) Any *dent or candidate for an examination whose name has been removed Rocdure of from the rolls ofthe University by theordersor resolution ofthe Vim-Chancellor, Discipline appnl md Commtttee or Examination Committee, mthecasemay be, and who has been deb& from 'rb"R1'On In appearing at the examinationso f the Univmity for more thsn oneyear. may,within tendays d,,~sci , p w lt m m a ry of the date of receipt of such orders or copy of such resolution by him, appeal to the atvdsnu Executive Council and the Executiw Council may confirm, modify or revme the decision of the Vice-Chancellor or the Committee, mthecspc may be. (2) Any dispute arising out of any disciplinary adon taken by the University against a student shall, at thc request of such idudmt, be m f dto a Tribunal ofArbimtion dthe provislonrof sub-sdom (2). (3). (I)and (5)of ion33 shall, m far m may be, apply to a refermce made under this subsedon. 35.EvqernplQykor stlldent oftheUnivasity orofaColkgeor lnstibltionnaintaincd ~ t g OIh ~ by the University shall, notwirhstding anything contained in this Act, have a right to rp~cal appeal within such time as may be prescribed by thc.Shlutes, to the Executive Council against the decision of any officer or authority of the Univ~sity,o r, the Prio~ipaol r the management of any College or anIrutitution, mthe case may be, dthereupon the Executive Council may confm medify or rewnc the decision appealed against. 36. (1)The University shall ~mtiMfsor the benefit of its employees such provident Provident md or pension fund or provide such inwunr schemes m it may dtanfit in such mannerand bds. subject to such condim, as may be prcssribed by the Shlutes. (2) Where such provident h d o r pension fund has been so constituted, the Ceml 19 of inr Gowmmentmay declare that the provisions of the Rovident Funda Act, 1925, shall apply to such fund, if it were a Government provident fund. 37. If any question arises asto wberher any person has b.mduly elected or appointed oirputss as to as,or is entitled tobe, a member ofany authority or other body of the University, the matter constitution shall be refmad to the Visitor whose decision thereon shall be final. of aulhorilies and todin. 38. All casual vacancies among the members (other than ex o@io members) of any Fllltng of authority or other body ofthe Univenity shall be filled, aswon asmay be, by the person or cuual body who appoints, elects or cc-opts dwmember whose place ha$become vacant and the v"'nc'e' person appointed, ekcted or co-opted to acasual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member. 39. No act or proceedings of any authority or other body of the University shall be Pmcccd~ngs invalid merely by m nof theexistence of a vacancy or vscancies among its members. 0' '~aor*tes or bodies not invnlidrted by vncrncies. 40. No suit or other legal proceedings shall lieagainst any officer orother employee of ~ritcstiono f the University for anything which is in good faith done or intended to be done in pursuance action taken of any of the provisions of this Au, the Statutes or the Ordinances. tn good faith. I of 1872. 41. Notwithstanding anything contained in the Indian Evidence Act, 1872 or in any ~odcof other law forthe timebeing in force, ampyo fany receipt,applicatio~n otice, order, proceeding Pro" of or resolution of any authority or other body of the University, or any other document in ~ ~ ~ i ' P " Y possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as primafocie evidence of such receipt, application, notice, order, proceeding, resolutionordocument or theexhtenceofenuy in the register and shall be admitted asevidence of the matters and transactions therein where the original thereof would, ifprodud, have been admissible in evidence. 42. (1) If any difficulty arises in giving effectto the provisions ofthis Act, the Central Power to Government may, by order published in the Official Gazette, make such provisions, not rcmO'e dificulties, 14 THE GAZETIT OF INDIA EXTRAORDINARY ( P ~ITl- - inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing che difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement ofthis Act (2) Every order made under sub-section (I) shall be laid, sp soon a~may be after it is made, before each House of Parliament, while it is in session, fw a total period of thirty days which may be comprised in oms ession or in huo or more successive seerim, and if, before the expiry of the session immediately following the semion or thc successive sessions aforesaid, both Houm agree in d i n ga ny modifim'on in the order or both l h sa~gree that the order should not bemade, the order shall thadleh~av e &ect only msuch modifA ' form or be of no cffeet, ap the case may be; so,however, that any such modification ar annulment shall be without prejudice to the validity of anything previously done under that order. SUIUICS, 43. ())Every Staluk, Ordi- orRegulationmadeunderthis Actsball be published Ordimncc" in theofiicial ~ezatc. lod Rqul8tions to (2) Every Stafute. O d i or Regulation made MderthiiAct, shall be hid, ag soon "b"awd asmay be after it is made, before each House of Parliament, while it is in session, for a total in the Offxul Gumcmd to period of thii dap which may bo comprised in one session or in huo or more successive be (lid sessions, md if, beforctke expiry of the mion immediately following the session or the P.rliamenf. successive sessions aforesaid, both Hwasagree in meking any modifidon in theSFstute, Ordinances or Regulation or both Housu, agnethat theStatute, Ordirunces or Regulation should not be made, theStatute, Ordinances or Rcgulaion sball thareaAerhave effect only in such modified form or be of no effezi, as the insc may be; oo,however, that any such modification or annulment shall be without prejudice to the validity of anything previously done unda Ihat St-, Ordinancan or Regulation. (3) The power to inake S W ,O rdinances or Regulations shall include the pown to give retmspbctive effect, from a date not earlier than the date of commencement ofthis Act, to the Staruteg Ordinances or Rcgulan'ons or any of them but no retmspective effect shall be given to any Statutes, Ordinances or Regulations soasto prejudicially affect the interests of any person to whom such Slatutes, Ordinances or Reg'ulations may be applicable. Trans~llonal 44. Nohvithstuding anything contained in this Act and the Statutes,- provtslons (a) the first Chancellor and tbe first VicoChancellor shall be appointed by the Viitor in such manner and on such conditions as may be dcancd Mand epch of the said o f h sh all hold oflice for such term, nci excading five years, as m y b e specified by the Visitor; 1 ' f l (b) the first Registrar and the first Finam Officer shall be appointed by the V ' d-e saidoflicm shall h ao fice for a term ofthree (c) the first Court and the firstExecutive Council shall consist of not more than thirty-one members and eleven members, resptively, Ivhoshall be nominated by the Central Government and shall hold office for a term of three years; and (d)the first Academic Council shall consist of not more'tfian twenty-one members, whqshall be nominated by the Central Government and shall hold ofiice for a term of three years: Provided that ifany vacnncy occurs in the above offices or.authorities, the same shall be filled by appointment by the Visitor or nomination by the Central Government, asthe case may be, and the penon so appointed or nominated shall hold oflice for so long asthe officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred. SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY 1s 45. (1) In the .Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973, in the Second AOmcAndmymt lt Schedule, the entries relating toGwu Ghasidas Vishwavidyalaya and Doctor Harisingh Gour Vishwavidyalaya shall be omined. 22 01 1971. (2)Notwithstanding such omission,- (a)all appointmenb msde,orders issued,degrc8sand other academic dbtinctions conferred, diplomas and certificate8 awarded, privileges granted,or o!hf things done Madhya under the Mdhya Pradesh Vishwavidyalaya Adhimiyam, 1973, shall be deemed to Radcsh ACI have been respectively made, issued, conferred, awarded, granted or done under the 22 of 1971. correspodi provisions of thiiAct and,except as othemise provided by this Act or the SfaMeq continue in force unless and until they are s u p d e db y any ordsr made under this Act or the Statutes; and (b)all proceedings of Selection Cornmittas for the appointment or promotion of teach that took place before the commencement of this Act and all actions of the Executive Council in respect of the recommendations of such Selection Committees where no orders of appointment on the basis thereof were passed before' the commencement of this Act shall, notwithatmulingt hat the p d u nfo r selection has been modlfied by this Act, be dcunod to have been valid but further proceeding in corlnection with such pending selections shall bs taken in accordance with the pmvitions of this Act and be continued from rhc stage wkre thyp l di mmediately before such commencement, except if thew& authorities tnke,with theapproval of the Visitor, a decision to the contrary. 46.(1) In the Uttar PrDdesh State Universities Act, 1973,- Amendment of Resident's (a) in subsection (I) of section 4, the words, figurn and brackets "and a ACI 10 of UniversityofGarhwal which shall from April 25,1989 beealldthe Hemvati Nandan 1971. Bahuguna Garhwal University at Srinagar (District Garhwal)" shall be omitted; (b)in clause (4of sub-rection (I) of section 20, the words67heH emvati Nandan BahugunaGarhwal University" shall be omitted; (c) in subsection (2) of section 52, for the words "the Universities of Kumaun and Garhwal" the words "the University of Kumaun" shall be substiwed; (4section 7ZB shall be omitted, (e) in the Schedule, Serial No. 8 and the entries relatingthereto shall be omirted. (2)Notwithstanding the omission and substitution referred to in subsection (I),- (a)all appoinmntsmade, orders issued,degreesand o hsca demic distinctions conferred, diplomas and certificates awarded, privileges granted,or other things done President's under the Uttar Pradesh State Universities Act, 1973, shall be deemed to have been ACI iO of respectively made, issued, wnfemd, awarded, granted or done under the corresponding 1973. provisions of this Act and, except as otherwise provided by this Act or the Statutes, continue in force unless and until they are superseded by any order made under this Act or the SWtes;
Part document.segment-2
The Central Universities Act, 2009 — segment 2
- document.segment-2 Verify source ↗
The Central Universities Act, 2009 — segment 2
This part repeals the Central Universities Ordinance, 2009 and saves earlier actions and appointments, while requiring pending selection matters to continue under this Act unless the concerned authorities, with Visitor approval, decide otherwise.
and (b)all proceedings of Selection Committees forthe appointment or promotion of teachers that took place before the commencement of this Act and all actions of the Executive Council in respect of the recommendations of such Selection Committees where no orders of appointment on the basis thereof were passed before the commencement of this Act shall, notwithstanding that the procedure for selection has been modified by this Act, be deemed to have been valid but further proceeding in connection with such pending selections shall be taken in accordance with the provisions of this Act and be continued from the stage where they stood immediately before such commencemcnt, except ifths concerned authorities take, with the approval ofthe Visitor, a decision to the contrary. 16 THE GAZEITE OF INDIA EXTRAORDINARY [PART11- R w l a nd 47. (1)The Cenml Universitic~Ordinance2, 009 is hereby repealed. 0rd.l of -vinyl. 2809 (2) Notwithstanding such repeal, anything done or any action takm under the raid Ordinance shall be deemed to have been done or taken under the corresponding pmvisions of this Act, and- ~~ (a)all appointments made, ordm depaa nd otheracadcmic dutinctim wnferred, diplomu andcertificates awarded, privileges granted, or o hthi ngs done under the Central Universities Ord'ice, 2009, ahall be deemed to have been Ord.3 of mpectively msdc, issued. confarod. awarded, gfankdor done umkr thecorresponding 2009. pmvisions of this Act and,except m othmwise provided by. or under this Act or the Smtes, wntinue in forre unless and until h yar c supded by my order made under this Act or the Statutes; and (b)all prdingro f Selection Committeesfor the appointment or promotion of When that took place before the commencement of this Act and all actions of the Executive Council in mpea of !he recommendations of such Selection Committees where no orders of appointment on the besis thereof were passed before the wmmeneemmt of this Act shall, notwithstanding that the procedure for selection has been modified by this Act, be deemed tohave bcm valid but hthcp~roceeding in conncctim with such pending selections shall be taken in accordance with the provisions of this Act andbe continued from the sfage wherethey stood immediately bekmsuch commencement except ifthem m e de ucharies take, with the approval of the Visitor, a decision to the contray. SE. I] THE GAZETTE OF INDIA EXTRAORDNARY 17 Suial Nameof Nameofthe Univmity Territorial juridicion No. the Stste 1. B i b Central Univmity of Bihar Whole of the State of Bihar 2. Gujarst Central University of Gujarat Whole ofthe State ofGujarat 3. Hmyann Cenual Univaaityof Hsrysns Whole of the State of Haryana 4. H i Central Univmity of Himachal Whob of the State of Himachal Pradesh Pradesh Pradesh 5. Jammu and Cenbal University ofjammu Whole of the State of lammu Kartunir and Karhmir andKashmi 6. Jharkbmd Central University ofJharlrhand Whole of the State of Jharkhmd 7. Kamataka Cabal University of Kamath Whok of the Smof Karnataka 8. Kaab Catral University of Kerala Whole of the Stab of Kerala 9. Orissa CenUal University ofOrissa Whole of the State of Orissa lo. Funjab Cenlrnl Universityof Punjab Whole ofthe State of Punjab I I. Rajasthan Central Univmity of Rajasthan Whole ofthe State of RJ asthan 12. Tamil Nadu Central Uaivenity of Tamil Nadu Whole ofthe State ofTamil Nadu I8 THE GAZETTE OF INDIA EXTRAORDINARY PAR1I-T THESUX)NDmULE (See section 27) The Statutesof the University Chancsllo~, 1. (I)The Chanccilor shall be appointed by the Visitor from a panel of not less than three persons recommended by the Executive Council from amongst perwns of eminence in the academic or public life of the country: Provided that if the Visitor does not appro* of any of the perwns sorecommended, he may call for fresh recommendations fromtheExeeutive Council. (2)The Chancellor shall hold office fora term of finy canand shall not be eligible for reappointment: Rovided that notwithdigthe expiry of his term of office. the Chancellor shall continue to hold office until hissucc+ssor enters upon his office. viec- 2. (1)The ViceChsneellor ahall be appointed by the Visitor from out of a panel Chlncelror recommended by a Commitkx srconstituted under clause (2): Provided that if the Visitor daan ot approve any of the pmons included in the panel, he may call for an extended 6-h panel. (2)The Committee refme. to in clam( I)shall consist of five persons, out of whom three shall be nominated by the Executive Council and twoby the Visitor, and one of the nominecs of theVisitor shall be the convener of the Committee Provided that none of the members of the Comminee shall be M employee of the University or a College or an lnstihltion maintained by the Univmity or a member of any authority of the University. (3)The Vice-Chancellor shall be a whole-time salaried officer of the University. (4)The VicPChancellor shall hold office for a termof five yem60m the dateon which he enters upon his office, or until he armins the age of seventy years, whichever is earlier, and he shall not be eligible for re-appoinbnent: Provided that notwithstanding the expiry of the said period of five years, he MI continue in office until his successor is appointed and enters upon his office: Provided further that the Visitor may direct any VicPChancellor after his term has expired, to continue in office for such period, not exceeding a total period ofone year, armay be specified by him. (5)Notwithstanding anything contained in clause (4).the Visitor may, atany time after the Vice-Chancellor has entered upon his offrce, by order in writing, remove the Vice-Chancellor tiom office on grounds of incapacity, misconduct or violation of statutory provisions: Provided that no sucb order shall be made by the Visitor unless the ViceChancellor has been given a reasonable opportunity of showing cause against the action proposed to be taken against him: Provided funher that the Visitor shall consult the Chancellor also before making such order: - Provided also that the Visitor may, at any time before making such order, place the Vice-Chancellor under suspension, pending enquiry SK. I1 THE GAZElTE OF MDLA EX'IRAORDMARY 19 (@The emoluments and other conditions of service of the Vice-chancellor shall be as follows:- (I) The Vicechancellor shall be paid a monthly salary and allowances, other than house rent allowance, at the rates fixed by the Ccnbal Government from time to time and he shall be entitled, without payment of rent, to use a furnished residence throughout his term ofo ffice and no charge shall fall on the Vice-Chancellor in respect of the maintenance of such nsidence. (i~T)he V i l l o rsh all beentitledt o NthterminalMI&andallowances mmay be fixed by the Central Goimmam h mtim e totime: Providedthat whcre an employee ofthe University, or a College or an lnslihltion maintained by the University, or ofany other University or any College or Institution maintained by or admitted to the privileges of, such other University, is appointed as the Vicdhncellor, he may be allod to continue to contribute to any provident fund of which he is a member and the U n i i t ys hall contribute to the account of such person inthat provident fund at the same rate sr which the 'penon had been contributing immEdimely before hiappointmanmthe V~ce-Chancellor: Provided fvnher mat what suchemployee had beaa member of anypension scheme, the University shall make the necMary contribution to such scheme. (iii)TheViCbChannllor shall be entitled totranllingallowunce at such rates m . may be fixed by the Executive Council. (Iv)%Vice-Chancellor shall be entitled to leave on full pay at the rate ofthirty days ina calendar yea and the leave shall be credited to his account inadvance in two half-ywly instalmenk of fiean days each on the first day of January and July every yesr: Provided that ifthe ViceChancellor atsum*, or relinquishes charge of the office of the Vice-Chancellor during the cunency of a half year, the leave shall be credited each proportionately at therate of& and-a-halfdays for completed month ofs ervice. (v)In addition to the leave referred to in sub-clause (iv),the ViceChancellor shall also be entitled to half-pay leave at the rate of twenty days for each completed year of service, and half-pay leow may also be availed of ascommuted leave on full payoo medical ccrtifa: Provided that when such commuted leave is availed of, twice theamount of half-pay leave shall be debited against half-pay leave due. (7) Ifthe office of &e Vicechancellor becomes vacant due to death, resignation or omcmise, or ifhe is unable to perform his duties due to ill-health or any other cause, thePm- ViceChancellorshallperformthe duties of the Vice-Chancellor: Provided that ifthe Pro-Vice-Chancellor is not available, the senior-most Professor shall perform the duties oft he ViceChancellor until a new Vice-Chancellor assumes office or the existing Vice-Chancellor resumes the dutiesof his office, asthe case may be. 3. (1) The Vice-Chancellor shall be ex o&io Chairman of the Executive Council, the Powcro and Academic Council and the Finance Committee and shall, in the absence of the Chancellor, dutiesOf Vie- preside at the Canvocations held for conferring degrees and at meetings of the Court. Chance''0r (2)The Vice-Chancellor shall be entitled to be present at, and address, any meeting of any author~lyo r other body of the University, but shall not be entitled to vote thereat unless he is a member of such authority or body. (3) It shall be the duty of the Vice-Chanccllor to see that this Act, the Statutes, the Ordinances and the Regulations are duly observed and he shall have all the powers necessary to ensure such observance. 20 THE GAZETIE OF INDIA EXlRAORDINARY [PUT ll- (4) The Vice-Chancellor shall have all the powers necessaryfor the proper maintenance of discipline in the University and he may delegate any such powers to such person or persons as he deems fit. (5)TheVidhancellor shall have the power to convene or cause to be convened the meetings ofthe Executive Council, the Ademic Council and the Finance Committee. Pro-Vice- 4. (I) The PmViceChancellor shall be appointed by the Executive Council on the Chancr'lor recommendation oftheViccChancellor: Provided that whem the recammendation of the Vice-Chancellor is not accepted by the Executive Council, the matler shall be referred to the Wsitor who may either appoint the pa~onreuwnmendcd by the WwChancellor aasktheVicdhncellortorecommend another person to the Executive Council: Provided further that theExecutive Council may. on the recommendation ofthe Vice- (3hancellor, appoint a Professor to diaeharge tbeduties of thePm-Vice-Chanoellor in addition to his own duties as a Prohr. (2)The tenn of office of the Pro-WcbChanallor shall be ~ cash ma y hdecided by the Executive Council but it shall not in any case exceed five ycsn or until the expiration of the term of office of theViccChllor, whichever is earlier Providedthat& Pro-Walbrwhosct ermof office haetapiredBhall be eligible for re-appointment: Provided fumKrrhPt, in any uae,tbePmV~bChsncellorohal&lon attainingthe age of seventy years: Pmvided ahthat the Ro-MceChancaHor ohall, while didwgiig the duties of the V~eChancellournduclause(7) of Statute2, &e ino&e, notwithstandingtkce xpiration of his cerm of office as Pro-ViceChmcellor, until the VicbChanecllor resumaoffice dr a new ViceChancellor assumes office, asthe case may be. (3)The emplumcntsand other terms andconditionso f h ao fthe Pro-Wce-Chancellor shall be such as may be prescribed by the Ordinances. (4)The Ro-ViceChanckllor shall assist thevice-Chancellor in respat of such matters as maybe specified by the Vice-Chancellor in this behalf, from time to time, and shall also exercise such powers and perform suchduties as may be assigned or delegated to him by the V i l b r . Duns of 5. (1) Every Dcan of Schwl shalt be appointed by the Vihancellor from nmongst Schools. the Profwars in the School by rotation in the order of seniority for a period of threc years: Provided that in caje then is only one ProFcaror or no Professor in a School, the~can shall be appointed, for the time being, from amongstthe Prohr, if any, and the Associate Professors in the School by rotation in the order of seniorily: Provided further that a Dean on attaining the age of sixty-five years shall cease to hold office as such. (2) When the office of the Dean is vacant or when the Dean is, by reason of illness, absence or any other cause, unable to perform duties of his ofice, the duties of the oflice shall be performed by the senior-most Professor or Associate Professor, as the case may be, in the School. (3) The Dean shall be the Head of the School and shall be responsible for the conduct and maintenance of the standards of teaching and research in the School and shall have such other functions as may be prescribed by the Ordinances. (j)The ~ eshalil have the right to be praent and to speak at any meeting of the Boards of Studies or Committees of the School, as the case may be, but shall not have the right to vote thereat unless he is a member thereof. - Sec. I] - -- 'THE GAZETTE OF INDIA EXTRAORDINARY 2 1 .- 6. (I)The Registrar shall be appointed by the Executive Council on the recommendation Rcsistrsr. of a Selection Committee constituted for the purpose and shall be a whole-time salaried officer ofthe University. (2) He shall be appointed for atam of five years and shall be eligible for re-appaintment. (3)The emoluments and other terms and conditions of service ofthe Registrar shall be such asmay be prescribed by the Executive Council fmm t hto time: Provided that the Registrar shall retire on aOainiag thc age of sixtytwo years. (4) When theoftice of the Registrar is vacant or when the R- is, by reason of . illness, absence or any other cause, unable to perform the dutics of his office, the duties of the office shall be performed by such person as the rice-Chancellor may appoint for the purpose. (5) (a)The Registrar shall have power to take disciplinary action against srsch of the employees, excluding teachers and other academic staff, as may be specified in the order of the Executive Council and to suspend them pending inquiry, to administer warnings to them or to impose onthem the penalty ofcenswe or the withholding of increment: Provided that no such penalty shall be imposed unless the person has been given a reawnabk opportunity of showing cause against the action proposed to be taken in ngard to him. (b)An appeal ahall lie to thcVcsChncelloregainnanyorder ofthe Registrar imposing any of thc @ties specified in sub-clause (a). (c)In a case where the ioquiry discloses that spunishmenl byond the power of the Registrar is called for, the Registrar shall, upon the conclusion ofthe inquiry, make a report to the ViwChancellor along with his recommendations: Provided that an appeal shall lie to the Executive Council against an order of the ViceQancellor imposing any penalty. (6)The Regisaar shall beex oBio Secretaryof& Executive CouncilandtheAcademic CounciL but shall not be deemed to be a member ofeither ofthese authorities and he shall be .- ex offiio-Member-Secretary of the Court. (7) It shall be the duty of the Regimar- (a)tobe the custodian of the records, the common seal and such other property of the University asthe Executive Council shall commit to his charge; (6)to issue all notices convening meetings of the Coun, ths Executive Council, the Academic Council and of any Cornmillees appointed by those authorities; (c)tokeep the minutes of all the meetings of the Court, the Executive Council, the Academic Council and of any Commintcs appointed by those authorities; (d)to conduct the official correspondence of the Court, the Executive Council and the Academic Council; (e) to supply to the Visitor, copies ofthe agenda of the meetings ofthe authorities of the University as soon asthey am issued and the minutes of such meetings; V) to represent the Univenity in suits or proceedings by or againsttheuniversity, sign powers of attorney and verify pleadings or depute his representative for the purpose; and Q)to prbnn such other duties as may be s~ifieidn t he Statutes.& Ordinances or theRegulations or asmay be required tmm time to time by theExecutive Council or the Vice-Chancellor. n- 22 THEGAZETTE OF INDLAEXTRAORDINARY PART Flnancc Ofticcr 7. (1) The Finance Officer shall be appointed by the Executive Council on the recommendations of a Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University. (2)TheFinanceOfficershall be appointed for aterm of five years and shall be eligible for re-appointment. (3) The emoluments and other terms and conditions of service of the Finance Officer shall be wch aa maybe prescribed by the Executive Council 6umtime totime: Pmvidd that the Finance Officer shall mire on attaining the age of $My-hwoyears. (4) When the offio f the P i c eO fficer is vacant or when the F i eOt ficer is, by reason of illness, abscnce or any other cause, unable to perform the duties of his office, the duties of theoffice shall beperformed by such person asthe Vice-Chancellor may appoint for the purpose. ( 9 T h e F iO ffiw shall beqofrcio Secretasy ofthe Finance Committee, but shall not be deemed to be a member of such Commihee. (6)The Finance Officer shall- (w)eexrcisc perdlsupervision overtbe fundsofthe Univmiiand shall advise it as regards ita financial policy; and (b)perform such other financial functions as may be assigned to hi by the Executive Council or as may be prescribed bythe SStarutcs or the Ordim. (7) Subje* tothe control of the Executin Council, the F h c eO fficer shalk (a)hold and manage the prop* and investmenfs of the University includimg trust and endowed property; (b)ensure that the limits fixed by the Executive Council for recurring and ncu- recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for uhich they are granted or elloaed; (c) be responsible fgr the preparation of aniiual accounts and the budget of the University and for their presentation to the Executive Council; (4keep a constant watch on the state of the cash and bank balances and on the state of invemnmfs: (e) watch the progress of the collection of icvenue and advise on the methods of collection employed; O)ensure that the registers of buildings, land, furniture and equipment are mainlahod u p Wan d that stock-checking is conducted, of equipment and other wnsumabk materialsin all ofiicu, Departments, Centres and SpecialisedLaboratories; (g)bring to the notice of the ViceChancellor unauthorised expenditure and other financial irregularities and suggest disciplinary action against persons at fault; and (h)call for fiomany office, DepiWment, Centre, Laboraulry.C ollegeor Institution maintained by the University any information or returns that he may consider necessary for the performance of hii duties. (8)Any receipt given by the Finance Officer or the person or persons duly authorised in this behalf by the Executive Council for any money payable to the University shall be sufficient discharge for payment of such money. Conrrollcr or 8. (I) The Controller ofExarninations shall be appointed by the Executive Council on EXLtEinarionr. ths rerc!mcndcriczt ~ .~5f:lecti;:: Cpmmi:s cor?~:eoiedW i[ 'nc ptlrposarn; 'nc shaiibe a *.h~le-tir?i.scaisrird of??:-: 3f:ko I:civc;sir,. Sec. I] THE GAZETTE OF INDIA EXTRAORDINARY -23 - -. .. .. (2) The Controller of Examinations shall be appointed for a term of five years and shall be eligible for reappoinbnent. (3) The emoluments and o h rt enas and conditions of service of the Controller of Examinations shall be such asmay be prescribed by theExecutive Council fromtimeto time: Provided that the Controller of E~aIIIinati0h~al l retireon attainingtheage of sixty- two years. (4)When the office of the Contmlltr of Examinations isvacant or when theController of Examinations is, by reason of illness, absence or any other cause, unable to perform the duties of his ofice, the duties of the office shall be performed by such pcnon mthe %CG Chancellor may appoint for the purpose. (>)TheController of Examinations shall arrange for wd superintend the examinations of the Universib in the manner prcscribcd by the Ordinances. 9. (I)The Librarian shalI be appointedbytheExecutiye Council onlhemu,mmendations Librarian. ofthe Selection Committee mnstitutedfDrthe purposeand he shall be a wholbtime salaried . otficer ofthe Unimity. (2) The Librarian shall exercisesuch powers and perform such duties asmaybe assigned to him by the Executive Council. 10. (I) An annual meeting of the Court shall be held on a date to be fued by the Meetings of Executive Council unless some other date has been fixed by the Court in respect of kyYear. (2)At an annual meeting of& C o aa report onthewo*g ofthe Uniwrsity during $he previoua year, together with a statement of the receipts and nrpmdi, the balance- sheet m audited, and the funucial estimates for the next year shall be ptessnted. (3) A copy of the statement of receipts and expendim, the balance-&& and the fnmcial estimates referred to in clause (2) shall be sent to every member ofthe Court at least seven days before thedate of the annual meeting. (4) Speeial meetings of the Court m yb e convened by the Executive Council or the VicbChancellor or ifthere is no Vice-Cbancellor, the pro-Vice-Chhwcellor or if there is no Pro- Vice-Chancellor, by the RegisIrar. (5)Eleven members ofthe Courtshall form a quorum for a meeting of the Courl. 11.Seven memben ofthe Executive Council shall form a quorum for a meaing'of the Quorum Tor ExecutiveCowil. mecting df Executive Couosil. 12. (1)The Executive Council shall have the power of management and administration Powcn and of the revenues and property of the University and the wnduct of all adminiwive affairs "nCtionS Of Exccutivs of the Universily not otherwise provided for. Council. (2) Subjectto the provisions ofthis Act, thestatutes and the Ordirnances,theExecutive Council shall, inaddmon to all other powersvested in it, have the followingpowers, namely:- (I) to create teaching and other academic posts including Chairs, to determine the number and emoluments of such posb and to defie the duties and conditions of senice of Professors, Associate Professors, Assistant Professon and other academic staff 4 Provided that no action shall be taken by the Executive Council in wpect of the number and qualifications of teachers and other academic staff othenvise than aRer consideration ofthe recommendations of the Academic Council; (ill to appoint such Professors, ~ssociateP rofessors, Assistant Professors and other academic staff including Chairs, asmay be necessary, on the recommendation of 24 THE GAZETTE OF INDIA EXTRAORDINARY [PART11.- the Selection Committee constituted for-the purpose and to fill up temporary vacancies therein; (iii)to promote inter-facial research by d i gjo int appointments of teaching staff in different Schools. Departments and Centres; (iv) to create administratin, ministerial amlother necessary posu and to defme their duties and conditions of their service and to m&e appointments thereto in the manner prescribed by the Ordinances; (v) to grant leave of absence to any officer of the University other than the Chancellor and the VicuChanccllor, and to make necessary arrangements for the discharge of the functions of such officer during his absence; & (VI) regulate and enforce discipline among employees in accordance with the Statutes and the Ordinances; (vii) to manage and regulate the finances, accounts, invesments, property, business and all other adminimative affairs of the University and for that purpose to appoint such agents as it may think fit (viii) to fulimits on the total recurring and the total non-recurring expenditure for a year on the recommendation of the Finance Committee; (u)to invest any money belonging to the University, including any unapplied income, in such stocks, hnds, shareor securities, from time to time, as it may thiik fit or in the purchase of immovablepmpcrty in lndii withthe like powers ofvarying such investment fromtime to time; (x) to m s f n or accept transfers of any movable or immovable property on behalf of the University; (xr) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University: w, (xi0 to enter into, carry out and cancel contracts onbehalfof the University, (xiii) to entertain, adjudicate upon, and if thought fit, to redress any grievances of the employees and students of the University who may, for any re&& feel aggrieved; (xiv) to appoint examiners and moderators and, if necessary, to remove them. and to fixtheir fees, emo~umenban d havelling and other allowaffies, aRaconsulting the Academic Council; (xv) to select a common seal for the University and provide for the use of such seal; Ixvr) to make such special arrangements as may be necessary for the residence of women students; (xvir) to institute fellowships, scholarships, studentships, medals and prizes; (xviii) to provide for the appointment ofvisiting Professors, Emeritus Professors, Consultants and Scholars and determine the terms and conditions of such appointments; (xix) to enter into partnersh~pw ith industry and non-governmental agencies for the advancement of knowledge and establish a corpus of funds out of the profits of such partnership; and Sec. I] THE GAZE77F OF INDIA EXTRAORDINARY 25 (a)to exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act or the Statutes. 13.Nine members of the Academic Council shall form a qwmfor a meeting of the Quorum of Academic Council. mcn~oof~ Acldemlc Council. 14. Subject to the provisions ofthis Act, thCStatutesand the Ordiices, theAcadernic Powers and Council shall,in addition to allotherpornvestalin it. have the following powers, nameb- finc'ions Of Acadcmic Cauncil (a)to exercise general supervision over the academic policia of the University and to give dioos regardiig meihods of irLbuction, coordination of teaching among the Colleges M the Instim'ons, evaluation of research and improvement of academic standards: (b) to bring about and promole interSchool co-ordination and to establish or appoint such committee or boards IWmay be dcemed necessary for the purpose; (c) toconsider mattersofgeneral academic h s teither on its own initiative, or on a referen& by a School or the Executive Council, and to take appropriate action thereon; and (4 to h e suc h Regulations and mles consistent with the Statutes and the Ordinances regudiigthe academic functioning of the Uoivwsity, discipline, residence, admissions, award of fellowships and studmhips, fees, concessions, corpoh life and attendance. 15. (I)The University shall have such Schools of Studies as may be specified in the schools of Statutes. smdia and Departments (2) Every School shall have a School Board andthe members ofthe first Schwl Board shall be nominated by the Executive Council for a period ofthree years. (3) The composition, powm and functions ofa School Board shall be prescribed by the Ordinances. (4) The conduct of the meetings of a School Board and the quorum required for such meetings shall be prescribed by the Ordhces. (S) (a)Every School WIconsist of such Deparlmenta asmay be assigned to it by the Ordinances: Provided that the Executive Council may, on the recommendation of the Academic Council, establish Centresof Shdiat o which maybe assigned sucb tearbersofthe University as the Executive Council may consider necessary. (b)Each Depment shallconsist of the following members, namely:- (I) teachers of the i)epment; (ir) persons conducting research in the Department; (lii) Dean of the School; (iv) Honorary Professors, if any, attached to the Department; and (v) such other persons asmaybemembers of the Department in accordance with the provisions of the Ordinances. 16.(1) Each Department shall have a Board of Studies. Board of Sfudies 26 THE GAZETIT OF INDIA EXTRAORDINARY [PARITI- (2) The constitution oftheBoaFd of Studies and the term of off~oef its members shall be prescribed by the Ordinances. (3) Subject to the overall control aod supervision of the Academic Council, the Functions of a Board of Studies shall be to approve subjects for research for various degrees and other requirements of research degrees and to recommend to the concerned School Board in the manner prescribed by the Ordinances- (a) coursesofsbdiea and sppoinlment of examiners for courses, but excluding research degrees; (b) appoinmo f supmison for research; and (c) measures for the improvement of thc standard of teaching and researck Provided that the above functions of a Board of Studies shall, during the period of threeycanimmediilyafhr the commencementofthisA~be performed by the Depamnent. Financc 17. (I) TheFinrnce Committa Bhall consist ofthe following members, namely:- Cornmillee. (I) the WeeChancellor. (il) the Prc-Vie-ChanceUor; pii) one p a nt o be nominated by the Court, (iv) three pasons to be nominated by the Executive Council, out of whom 5 least one shall be a member ofthc Executive Council; and (v) three persons tobe nominated by the Visitor. (2) Five members of the Finance Committee shall form a quorum for a meeting of the Finance Committee. (3)AllthemembersoftheFiance Comnitta, other than exo&io members, shall hold oflice for a term of three years. (e A member of the Finance Commitra shall have the right to record a minute of dirsent if he does not agree with any decision of the Finance Committee. (5) The P iCommiitteerhallme8at latslthriceenyyear to examine the accounts and to scrutinise proposals for expenditure. (6)All proposals relating to creation of posts, and those item which have not been included in the Budge &all be examined by the F i mC ommittee beforetheyarcconsidered by the Executive Council. (7) The annual accounts and the financial estimates of theUniversity prepared by the Finance M~cesrhall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Executive Council for approval. (8)The Finance Committee shall recommend limits forthe total recurring expenditure and the total pon-recurring expenditure for the year, based on the income and resources of the University (which, in the case of productive works, may include the proceeds of loans). Selection 18. (1)There shall be Selection Committees for making recommendations to the Cornmitrees Executive Council for appointment to the posts of Professor, Associate Professor, Assistant Professor, Registrar, Finance Oflicer, Controller ofExaminatiom, Librarianand Principals of Colleges and Institutions maintained by the University. Sac.I] THEGAZETTE OF lNDIA EXIRAORDMARY 27 (2) The Selection Committee for appointment tothe posts specified in Column 1 afthe Table below shall consist of the VicPChanccllor, a nominee of the Viitor and the persons spccitied in the corresponding entry in Column 2 of the said Table: TABLE I 2 Professor (9 The Dean of the School. (ii) The Heed oftheDepartmcnl, if he is a Professor. (iir) Threepersons not in theservice of the University, MminatsdbytheExendiveCouncil,outof a panel ' of names recommended by the Academic Council for their special knowledge of. or interest in, the subject with which the Professor will be concerned. Associate Pmfessorl (I) The Heed of the Deparlment Assistant Prof&sor (I9 One Pmfhwr nnaninattd bytheViceChancellor. (iii) Twopasons not in hed c eo f thcUniversity, nominatedbythe Ex& Council, out of a panel ofnuncs recommnrded by theAdemic Council for their.sp.dil knowledge of, or interest in, the subject wi!A which he Associate Professor or Assistant Profecsor will be concerned. R e g i s t m F iO fficer1 (i) 'Rvo manbersofthe ExeeutiveCmncil nomiwed Cdmller of Examinatiow by iL One person not in thc se~icoef the University (ii) nominated by the Executive Council. Librsrisn (I) Two permm not in tho service of the University who have special knowledge of the subject of the Library Science or Library Adminimtion n0mi~tedby the Executive Council. (il) Om pomn not in thc mice of the University nominated by thcExecutive Council. Principal ofcollege or Three persons not in the service of the University of Institution maintained by whom two shall be nominated by the ExmiveC ouncil the University and one by the Academic Council for their special . knowledge of, or interest in, a subject in which instruction is being provided by tho. College or Institution. Note 1. -'Wheretheappointment is being made for aainter-disciplinary project, the head of the project shall be deemed to be the Head of the Deparlment concerned. Note2.- 'Ihe Professor to be nominated by the Vice-chancellor shall be a Pmfessor concerned with the speciality for which the selection is being made and the ViceChancellor shall consult the Head of the Department and the Dean of School before nominating the Professor. (3) The Vice-Chancellor, or in his absence the Pro-Vice-Chancellor, shall convene and preside at the meeting ofthe Selection Committee: 28 THE GAZETIE OF INDlA EXTRAORDINARY [PARTII- Provided that the meeting of the Selection Committee shall be fixed after prior consultation with, and subject to the convenience of Visitor's nominee and the experts nominated by the Executive Council: Provided further that the proceedings of the Selection Committeeshall not be valid unless,- (0) where the number of Visitor's nominee and the persons nominated by the Executive Council is four in all, at least three of them attend the meeting; and (b) when the number of Visitor's nominee and the persons nominated by the Executive Council is thne in all, at least two of them attend the meeting. (4)The procedure to be followed by the Selection Committee shall be Laid down in the Ordinances. (5)If the Executive Council is unable to accept the recommendations made by the Selection Committee, it shall record its reasons and submit the case to the Visitor for final orders. (6)Appointments to temporary porn shall be made in the manner indicated below:- (I]If the temporary vacancy is for duration longer than one academic session, it shall be filled on hea dvice ofthe Selection Committee in accordance with& procedure indicated in the foregoing clauns: Provided that if the ViceceChancellor is Jatistled that in the interests of work it is nccssary to fill the vacancy, the appointment may be made on a purely temporary basis on the advice of a local Selection Committee refemd to in sub-clause (if)for a period not exceeding six nionths. (if)I,f the temporary vacancy is for a period less than a yew, an appointment to such vacancy shall be made on the recommendation of a local Selection Cornminee consisting of the Dean of the School concerned, the Head of the Dep-a. rtment and a - nominee ofthe ViceChanceUor: Provided that if the same perion holds the ofices of the Dean and the Head of , the Department, the Sekction Committee may contain two nominees of the Vice- Chancellor: Provided further that in the case of sudden casual vacancies of teaching posts caused by death or any other reason, the Dean may, in consultation with the Head of the Department concerned, make a temporary appointment for a month and report to the Vice-Chancellor and the Regism about such appointment. (iir] No teacher appointed temporarily shall, if he is not recommended by a regular SekctionComminbe for appointment under the Stafutes, be continued in service on such temporary employment, unless he is subsequently selected by a local Selection Committee or awlarS election Committee, for atemporary or permanent appointment, as the m em ay be. Specid mode of 19. (1)Notwithstanding anything contained in Statute 18, the Executive Council may appoin'men', invite a person ofhigh academic distinction and professional attainments to accept a post of Professor or ~ssociatPer ofessor or any other equivalent academic post in the University on such terms and condilions as it deems tit and on the person agreeing to do so appoint him to the post: Provided that the Executive Council may also creaksupernumeraryp osts far aspecified period for appointment of such persons: Provided further that the number ofsupernumerary posts so created should not exceed five per cent. of the total posts in the University. Sec.I] THE GAZEITE OF INDIA EXTRAORDINARY 29 (2) The Executive Council may appoint a teacher or any other academic staff working in any other University or organisation for ~uldertakinga joint project in accordance with the manner laid down in the Ordinances. 20. The Executive Council may- sp.p.o int a person selected in accordance with the Appointment procedure laid down in Statute 18 fora fixed tenumbn such terms and conditio~as it d m 'Or tenure. fit. 21. (I) An authority of the University may appoint as many standing or special Committees. Committees as it may d mfi t, and may appoint to such Committees penons who are not members of such euthority. (2) A Committee appointed under clause (I)may deal witb any subject delegated to it subject to subsequent confirmation by the authority appointing it. 22. (1)All the teachers and other academic staffof the University shall, inthe absence Terms and of any agreement to the cont~ary,b e governed by the terns and conditions of service and cOnditlOnrOf scnice and code of conduct as are specified in the Statutes, the Ordinances and the Regulations. codc or (2)The emoluments of msmbers of theacademic staffshall be such as may be prescribed : ~ ~ ~ ~ ~ , O ~ U : , by the Ordinances. (3) Every teacher and member of heacademic staff ofthe Universityshall be appointed on a m i wc onbact, the form of whidh shall be prescribed by the Ordinances. (6A copy of evq contract r e f d t o in clause (3) shall be deposited with the- Registrar. 23. (1)All themployees of the University, other thanthe teachers and other academic Tennu and staff shall, in the absence of any contract to the contrary, be governed by the terms and ~ ~ ~ d o f condiiioas of service and code of conduct as are specified in the Statutes, the Ordinances ,ode of and the Regulations. conduct of other (2) The manner of appointment and emoluments of employees, other than the teachers - and other academic staff,shall be such as may be prescribed by the Ordinances. 24. (1)Whenever, in accordance with the Statutes, any person is to hold an office or be Seniority 1st. a member of an authority ofthe Univmity by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade and in accordancewith such other principles as the Executive Council may,h mtime to time, prescribe. (2) It shall be the duty of the Regism to prepare and maintain in respect of each class of persons to whom the provisions of these Statutes apply, a complete and up-to-date seniority list in accordance with the provisions of claw (I). (3) If twoor more penons have equal length of continuous service in a particular grade or the relative seniority of any pmon or persons is otherwise in doubt, the Registrar may, on his own motion and shall, at the request of any such person, submit thematter the Executive Council whose decision thereon shall be final. 25. (1) Where there is an allegation of misconduct against a teacher, a member ofthe Removal of \::'::; acadcmic staff or other employee of the University, the Vice-Chancellor, in the case of the Of teacher or a member of the academic staff,a nd the authority competent to appoint (hereinafter referred to as the appointing authority) in the case of other employee may, by order in writing, place such teacher, member ofthe academic staff or other employee, asthe case may be, under suspension and shall forthwith repon. to the Executive Council the circumstances in which the order was made: Provided that the Executive Council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or a member of the academic staff, revoke such order. 30 THE GAZETTE OF INDIA EXTRAORDINARY [PARTI C (2)Notwithstanding'anything contained in the terms of the conkact of appointment or of any other terms and conditions of service of the employees, the Executive Council in respect of teachers and other academic staff, and the appointing authority in respect of other employees, shall have the power to remove a teacher or a member of the academic staff or other employee, as the case may be, on grounds of n~isconduct. (3) Save as aforesaid, the Executive Council, or as the case may be, the appointing authority, shall not beentitled to remove any teacher, member of the academic mff or other employee except for a good caw and aAer giving thne months' notice or on payment of three months' salary in lieu thereof. (4)No teacher, member of the academic stsffor other employee shall be removed under clause (2)or clause (3) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to hi. (5)The removal of ateacher, member of theacademicstaff or other employee shall take effect from the date on which the order of removal is made: Provided that where tho teacha, member of the academic staff or other employee is under suspension at the time of his removal, such removal shall take effect from the date on which he was placed under suspension. (6) Notwithstanding anything contained in the foregoing provisions of this Statute. a teacher, member of the academic staff or other employee may r e s i p (a) if he is a permanent employee, on& after giving three months' notice in writing to the Executive Council or the appointing authority, asthe case may be, or by paying three months' salary in lieu thereof; (b) if he is not a permanent employee, only after giving one month's notice in writing to the Executive Council or, as the case may be, the appointing authority or by paying one month's salary in lieu thereof: Provided that such mignation shall take efTect only on the dateon which the resignation is accepted by the Executive Council or the appointing authority, as the case may be.. Honorar) 26. (1)The Executive Council may, on the recommendation of the Academic Council degrees. and by a resolution passed by a majority of not less than two-thirds of the rnembem present and voting. make proposals to the Xsitor for the conferment of honorary degrees: Provided that in case of emergency, the Executive Council may, on its own motion, make such proposals. (2)The Executive Council may,by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the Visitor, any honorary degree conferred by the~niversity. Withdrawal of 27. The Executive Council may, by a resolution passed by a majority of not less than dsgrsw. crc. two-thirds of the members present and voting, withdraw a degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the University for good and sufficient cause: Provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon him to show cause within such time as may be specified in the notice as to why such a resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the Executive Council. Matnrcnancc 28. (1) All powers relating to the maintenance of discipline and disciplinary action in of dascrpllnc relation to the students of the University shall vest in the Vice-Chancellor. amongst srudens of (2) There shall be a Proctor of the University to assist the Vice-Chancellor in the lln~vcrs~ly exercise of the powers referred to 1n clause (I): who shall be appointed by the Executive SEC.1) THE GAZETTE OF INDIA EXTRAORDLNARY --3 1 --. Council kom amongst the Professors and Associate Professors in the manner prescribed by the Ordinances. (3) The Vice-Chancellor may delegate all or any ofthe powers referred to in clause (I), ashe deems proper, to the Proctor and to such other officers ashe may specify in this behalf. (4) Without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of ' discipline, the ViceChancellor may, m exercise of such powers, by order, direct that any student or studentsbe expelled or rusticated, for a specified period, or be not admitted to a course or courses ofstudy in acollege, Institution or Demento r a School of the University for a stated period, or be pun.i&ed witb fine for for mount to be specified in the order, or be debarred from dinga n emination or examinations conducted by the University, College, . Institution or Depatlment or a School for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be withheld or cancelled. (9'Ihe Principals of Colleges, Institutions, Deansof Schools of Studies and Heads of teaching Dcpq!menb in the Universityshallhave the authorityto exercise allsuch disciplinary powers over the shldenb in theiu respective Colleges, Institutions, Schools and teaching Deparrments in the University, as may be necessary for the proper conduct of such Colleges, Institutions, Schools and W i n g D qw!ments.. (6)Without prejudice to the powers of the V~ce-Chancellora nd the Principals and other persona specified in clause (3,detailed rules of discipline and proper conduct shall be made by the University and the Principals of Colleges, hshtions, Deans of Schools of Studies and Heads of teaching Departmen% in the University may also make such supplemenmy ~ l eass they d mne cessary for the purposes stated therein. (7) At the time of admission, every student shall be required to sign a declaration to the effect that he submits himselfto the d i i i p l iju risdiction ofthe Vice-Chancellor and other authorities of the University. .- 29. Convocations of the Univmity for the conferring of degrees or for other purposes ~ . . , ~ t i ~ ~ ~ . shall be held in such manner as may be prescribed by the Ordinances. 30. Where no provision is made for a President or Chairman to preside over a meeting Aztctrin'g" l of any authority of the University or any Committee of such authority or when the President Of , or Chairman so provided for is absent, the members present shall elect one from among themselves to preside at such meeting. 31.Any member, other than an er oflciomember of the Coun, the Executive Council, Resignation. the Academic Council or any other authority of the University or any Committee of such authority may resign by letter addressed to the Regism and rhe resignation shalltake effect as won as such letter is mived by the Regiaar. 32. (I)Aperson shall be disqualified for being chosen as,and for being, amember of Dirqu8lification. any of the authorities, or for being appointed as, and for being, an officer, ofthe University if- (I] he is of unsound mind; or (ii)he is an undischarged insolvent; or (iii)he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereofto imprisonnlent for not less than six months. (2) If any question arises asto whether a person is or had been subjected to any ofthe d~squalificationsmentioned in clause (I),the question shall be referred to thevisitor and his decision shall be final and no suit or other proceeding shall lie in any civil court against such decision. 32 TtlE GAZETTE OF INDIA EXTRAOROINARY ~PAR1T1- -. . . ---. .-- Residence 33. Notwithstanding anything contained in the Statutes.
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The Central Universities Act, 2009 — segment 3
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The Central Universities Act, 2009 — segment 3
This provision limits who may serve in certain University roles, sets eligibility rules for Alumni Association voting and elections, gives students a right to raise matters before the Students' Council, and sets powers for University authorities, the Executive Council, and the Visitor.
a person who is not ordinarily ,r>rdl!lun for resident in India shall not be eligible to be an officer of the University or a member of any lncrnberhhlp authority of the University. ano-otfice Mcrnbershlp of 34. Notwithstanding anything contained in the Statutes, a person who holds any post suthorilies by in the University or is a member ofany authority or body of the University in his capacity as virlue of a member of a particular authority or body or as the holder of a particular appointment shall membership of hoId such office or membership only for so long as be continues to be a member of that 0th~bodia. particular authority or body or the holder of that particular appointment asthe m em ay be. Alumni 35. (1) There shall be an~lumni~s&iationfo r the University. Association (2) The subscription for membership of the Alumni hpociation shall be prescribed by the Ordinances. (3) No member of the Alumni Association shall be entitled to vote or stand for election unless he has been a member of the Association for at least one year prior to the date of election and is a degree holder of the University of at least five years standing: Provided that thecondition relating to thecompletion of one year's membership shall not apply in the case of the fmt election. Students 36. (1) There shall be constituted in the University, a Students' Council for every Council. academic year, consisting of- (11 the Dean of Students' Welfare who shell be the Chairman of the Students' Council; (ir) twenty studentp to be dominated by the Academic Council on the basis of merit in studies, sports and exna-curricular activities; and (iii) twenty students to be elected by the students as their representatives: Provided that any student of theuniversity shall have the right to bring up any matter concerning the University before the Students' Council, if so permitted by the Chairman, and he shall have the right to participate in the discussions at any meeting when the matter is taken up for &sideration. (2) The functions of the Students' Council shall be to m&e suggestions to the appropriate authorities of the University in regard to the programmes of studies, students' welfare and other matters of importance, in regard to theworking of the University in genergl and such suggestions shall be made on the basis of consensus of opinion. (3) The Students' Council shall mcet at least twice in every academic year and the first meeting of the Council be held in the beginning of the academic session. 37. (])The firstordinances madeunder sub-section (2) ofsection28 may beamended, repealed or added to at any time by the Executive Council in the manner specified in the following subsiauses. (2)No Ordinances in respect ofthe matters enumerated in sub-section (I)ofsection28 of this Act shall be made by the Executive Council unless a draft of such Ordinances has been proposed by the Academic Council. (3) The ExecutiveCnuncil shall not have power to amend any draft of any Ordinances proposed by the Acadenlic Council under clause (2), but may reject the proposal or return the draft to the Academic Council for reconsideration, either in whole or in part, together with any amendment which the Executive Council may suggest. (4) Where the Executive Council ha. rejected or returned the draft of an Ordinances proposed by the Academic Council, the Academic Council may consider the question atiesh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members presemand voting and more than hilfthe total number ofmembers ofrhehcademic SEC. I] THE GAZE'ITE OF INDIA EXTRAORDNARY 33 - Council, the draft may be sent back to the Executive Council which shall either adopt it or refer it to the Visitor whose decision shall be final. (5) Every Ordimces made bytheExecutive Council shall come into e h imm ediately. (6)Every Ordinances made by the Executive Council hall be submitted to theVisitor within mo weeks from the date of its adoption. t he (7) Visitor shall have lhe power to direct the University to suspend the operation of any Ordinances. (8)TheVisitor shall inform the ExecudveCouncil about his objation to the Ordinances referred to in clause (7) and may,after receiving the comments of the University, either withdraw the order suspending the Ordinfinces or disallow the Ordinances, and his decision shall be final. 38..(1) The authorities of the University may make Regulations consistent with this Regulations. Act, the Statutes and .!heOrdinances for the followingrnatters, namely:- (1) laying down the procedure to be observed at their meetings aad the number of members required io form a quorum;, (14 providing for all matter-which are required by this Act, the Statutes or the Ordinances to 6prescribed by Regulations; and (iii) providing for all other matter$ solely concerning such authorities or' committees appointed by them and not providd for by this Act, the Statutes or the Ordinances. (2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meeting and of the business to be considered at meetings and for the keeping of a record of the proceeding of meetings. (3)The Executive ~ounciml ay direct the amendment in such manner as it may specify of any Regulation made under the Statutes or the annulment of any such Regulation. ... 39. Subject to the provisions of this Act and the Statutes, any officer or authority of Delegation of the University may delegate his or its powers to any other officer or authority or person pow^'. under his or its respective conk01 and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers. v. 1CBHASIN, Aaditional Secretary to the Govt. of India. - PRINTED BY THE GENERAL MANAGER. GOYT OF IWOIA PRESS. MMTO ROAD, NEW DEW1 AND PUBLISlIED BY THE CONTROLLER OF PUBLICATIONS. OELHI, 2009.
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