The BIJU PATNAIK UNIVERSITY OF TECHNOLOGY ACT, 2002

The Biju Patnaik University of Technology Act, 2002 Act 9 of 2002 Keyword(s): Affiliated Institution, College, Constituent College, Employee, Faculty, Other Universities, Teacher, University, University Grants Commission DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. ORISSA ACT 9 OF 2002 - TIE BTJU PATNAIR UNIVERSITY OF TECHNOLOGY ACT, 2002 TABLE OF CONTENTS PR EAMBLB SBOTIONS CHAPTER I 1. Short title and extent - 2. Definitions THE UNIVERSITY 3. ?I%eU niversity 4. Objects I 5. powers and functions of University Ii , . L - 1 : 6. university open to 811 classa, ca&es and creed+ CHAPTER m THE CHANCELLOR AND OFFKCBRS 08 THE U~T~RSITY 7. The ChanceIlor 8. OEcers of the University 9. The Vice-Chancellor 10. Powers and duties of ~ i ~ h a n c e l l ~ r I 11 . . he Registrar I I 12. Bjnance Officer . 13. Director, ~urriculum'D evelopment, Dhector, ~xaminatidn and-theo ther oflicen . 14. Appointment of first ocers - 15. Appointments to be notsed rv CHAPTER AUTHORITIES OF THE UNIVl3RSITY 16. ~uthatitfeso f the University 17. Board 18. powers and functions of Board 19. Academic CoundI 20. Powers and fuuctlons of Academic Council 21. Faculties . . A . I 22. Board of Studies 23. Finance Committee CHAPTER v SELBCTION COMMITTEES 24. Constitat ion of Selection Committees . , 82 - CHAPTER Vl FINANOB AND ACCOUNTS 25. University Fund 26. Power to bdrrow 27. Piaaneial estimates 28. Accounts and Audit 29. Annual report CHAPTBR VKI STATUTES, REGULATIONS AND RULES 30. Statutes 31. Proocdure for making statutes 32. Regulations .. 38. Rules CHAPTER VIII FILLING UP VAOANCIBS, REMOVAn, BTO. OF MEMBERS OF THB AUTHORITIES AND BODIES OP THE UNIVERSITY I 34, Vacancy not to invalidate the proceedings etc. of authoritim I i 36. Resignation and removal of members 1 TRAN3FER OF COLLEGES, INSTITUTIONS, EMPEOYEES AND PROPERTY THBRBOB ! AND AFBDLIATIObl, ET(J. 37. Transfer of constituent colleges or Lstitutions of other Univershies 38. Transfer of servicm of mrtain einploym 39, Transfer of afiliation of dsdng institution6 Exclusion of jurisdicdon of other Univmities , 41; Special prayisions for students CHAPTER X MISGELLANEOUS Protection of acts and ordm Quostion regarding inrerpretation and dispute regarding co~titudono l authdt~y r body Registrar to forward ,copies of proceedings to Government powers of Government to cause ipspection of University Appointment of Oommission Pension, hsmance and provident fund Cessstion of membership Transitory provisions - Saws Rmowl of dona or diEcu2ty ORJSSAA CT 9 OP 2002 *THE BIJU PATNTN41KU NIVER3ITY OF TECHNOLOGY ACT, 2002 [Received the assent of the Governor ort the 5(h June, 2002,first publlsed in an exfraofinary ism of the Orissa Gazette, doted the I7tfl Jm2 002 (No. 829)] AN ~ cTrO PROVWB f OR ~ r B n S T~LISBMBAN~D INWRPOUTION OF A RcRNoto~lc~Lm a i m lH THE STATE OF ORISSA AND FOR hU mRS C O N N E m~ W T H O R 1NCTD-a THBRBMJ. 3s it enacted by the Legislature of the State of 0rissa in the Fifty-third yea^ af the Republic of India as follows:- PRBLMNARY Short title 1. (1) Thie Act may be called the Biju ~ahaikU niversity of Tahnology and meam A& 2002. (2) It extends to the whole of the State of Orissa . DefiniUons 2. In thls Act, unless the context otherwise requires,-- (0) "Academic Oounoil'' means the Academic Cauacil of the University; (6) "afiliatsd institution" means a College or an idstitu tion amiatod to the University and includes a College or an instfiution deemed to. be an affiliated College or institution under this Act; (c) ''Board" mzaos the Bsard of Management of the University; (d) "B3ard of Studies': jmeans the B m d of Studies of the Univerailyj (c) '~3hanx1llor''m eans ths Chancellor of the U niversiiy; , - (f) 4~Colege"m eans an institution admitted to the University fa accordance with the provisions of this Act and the Statutes, and Sodudes a - Collage managed by the University; (g) *lCoastltuoatC ollegal' means a College established, managed, miw taincd and controll~d by the University, and includes a Oollege .or a Department transferred from any other University to themanap mont, maintenance and control of the University; (It) "Council" means the All IndIa Council for Technical Education established under the provisions of the All-India mumil for Technical Education Act, 1987; (i) 4'employee" msns every person in the whoIe time employment of the ~niversityj (j) "Faculty*'m asns-aF aculty of the University; (k) aLBinanmC ommittee1'm cun the ~iaano; Commit tee of the ~ivcrait~ referred toin section 231 (I) "Bund" means the fund of the University established 'ondar section 25; (m) ~~Gove~nrtn"e mn eans the Government of Orissa; (n) "other Universities" means the Zlnivtrsitias established or deemed to have bean estabIished under the Orissa Universities Act, 1989 0s the Orissa University of Agriculture and Techaology Act, 19 65; (0) "przscribd" rnsans prescribsd by Statutes, Rcqulation¶ or Rules; {p) "State1' meaaa the State of Orissa; m~&the~siele lO~ri sxo Gazette, Extraordinary dated the 4th April 200J. For report of the S:lezt Corn aitte See Orhso Guzette Bxtraordlnary, dated 23rd March, 2002. (q) "StatutesYYm, 'Regulations"a nd "Rules" means respectively the "Statutes9', "Regulations* and fiRules" of the University made under this Act; , (r) '~~e~chemre"a ns a Professor, Reader, Lecturer or such other person inparting instruction or conducting or supervising research either in a , Constituent College or in any of the Deparpents of the University, or in an afiliated College, as the context may imply;. , , . (s) "university" means the Biju patnaia University of Technology established under this Act ; and . . - (I) "University Grants Commission" mean8 the University Grants Commf- ssion constituted under the Universily Orants Commission Act, 1956, B of 199% CHAPTER JI THE UNIVERSmY The W n i ~ w 3. (1) There shall be estsblished a University by the name of "Biju Patnaih ally. Uni ' v ersity of Technology". (2) Tha headquarters of the University shall be located at Raurkela, . (3) The Chancellor, the drst Vice-Chancellor, the. first membars of tho Board and the Acadedc Coincil and 811 persons who may hereafter become . such Chancellor, officer and members, so long as they continue to hoId ofice or membership, are hereby constitnted a body corporate by the name of "Biju Patnaik University of Technology" and such body corporate shall have ptrpetual guccession and a common seal and may sue and be sued by that name. (#) Subject to the provisions of this Act and the ] Statutes, the univexsity hall be competent to acquire end hold proporty both movable and ImmovebIe, to lease,: sell or othemise transfer any movable or immovable property, which md . have 'bccome vested ia, .or may have been acquired by, if for the purposes of tho i Unhersity and to contract and do all other things neoessary for the pume of i thla Act. - , - . -, I O b j e 4. ~ h Utn iversit! shall have the following objects, namely:-. i . ,. (i) to promote .education, Fearcb and traini-ng in ,engineering and -techno- I - . , l p o h g a y r m in a c c l y u , d a i p n p g l i i n ed fo r a m rt s s t l a o n n d t e c ch ra n f c t r s l o m gy a n a a n g d e i m ts e n a t p p a li n c d a ti a o p n p ; l a ie r d ch i s t c e i c e t n u c r e e s , , . for the advancement of knowledge and for the betterment of society; . (10t-, o,improvet ho quality of education, !warph and trdhiag in the Bcld . , qf eaglneering and technology, including information technology , and its application, architecture, pharmacy, applied arts and crafts management and applied sciences; (Ili) to provide facilities and oppo~tunities for graduate and post= - graduate education in engineering and technology including in- form?tion technology and its application, architecture, pharmacy, appl~ed arts and crafts management and applied science and by. instruction, training, -research, developmeat and extension and by such other means as the University may deem fit; (iv) to devise and implement programmes of education in engineering and technology including information t ethnology ,and its applica; tion, architecture, pharmacy, applied arts and crafts management and applied science that are relevant to the changing needs of society; (v) to serve as 'a centre 'for fostering co-operation: and interaction between the academic [and research community on the one hand and . % . industry on the other; (d) to organIse exchange programmes with athe . r . . i nrlilutiohs of r ~ t e - , , - In India *and sbrosd with a view to keeping abreast of thi. latest . . . developments in. relevaat ereas of teaching and research; . .. ' , (vii) td provide fur industrial consultancy service; and ,. (~iji), to undertake such other activities as m q be required tofulfil the above objects. Pmtra and 5. Subject to su:h orders, rtlles, regulations, guidelines and directions mdtiomo f as may be issued from time to lime, by thC Central Government or the Council under the provisions of AI1-India Council for Technical U~n*v* Education; Act 1987, the University shall have the following power 52 of 1987 and functions, namely:- (i) to. establish and maintain ~ntsitutionsf or higher studies and ~esearch in engineering and technology including information techn0108Y and its application, architeclure, pharmacy, applied arts and crafts mana- gement and applic A sciences; (ii) to acoord eliation to any College or institution of cnginccring . and ~eehnolog~in, cluding information technology and its application, archimure, ph.armacy, applied arts and crafts management or applied sciences as an affiliated College or lnstitUtioII; (iii) to grant autonomy to any affiliated College or Institution imparting education in engineering and rechnoIogy including information rcchno- logy and its application, architecture, pharmacy, applied arts and crafts, management and applied sciences; (iv) to pravide for instructian and training in such 'branches' of leah- ing as are in keeping with the obje:ts of the Uai~ersiQa nd to . make provision for research and for th? advancement and disee- ' mind ion of knowledge; I [v) to institute degrees, titles, diplomas and other academic distinctions; . (vi) to grant, subj~ctt o such conditions as the Uaiversity may determine diplomas or certiticates and confer degrees and other academic disJiar tions on the basis or examinations, evaluation-or any other method of arsessment, on deserving persons; . ' (vii) to confer hbnorary degrees or other distinctions on distinguished persons in accordancz with thc conditions to be prescribed by the Statutes;, ,. , (vlii) to withdraw or caac?l degrees, titles, diplomas; -certilicates or other . distinctions Under such conditions as may be prescribed,by the Statutes; ( i j to take measures ta have constant interaction with industries aid other employers of technical manpower for orienting the education and training towards -the needs of industries and other employers; (x) to provide common forum for intmaotion betwmn research imtitu- tions, industries and other employers aid constituent Colleges or , . . departments and, afiliated institutions of the University to- ensure transfer: of technology from ,research institutions to industries &d to prepare the students of the University for using and' disseminating innovative ttchndogy ; - . (xi) to aat in furtherance of the entrepreneurial skills and abjlities among Students; (xii) to assess. tho needs of the state and theCohtry in krms of subjects,' ' fields of specialisation, level of education and training of. technical- manpawer bath on short-term arid long-term basls and to introduce . or encourage introduction ,.of.i nnovative trainins programmes and. , to reorient existing training programmes :to meet such needs; . ' . , , (xiii) to. make arrangements for promoting thq .health, general welfare and : moral well-being of students and take Such measures as. would .foster , in them h3bits of hard work, Lself-di~ciplinta nd spi. tit, -of service to ., society; (xiv) to 6% the lees pyabl? ' to th . e . Univerlity and to demand and r.e c. eive such fees; , , (XY) to hold and manage endowments and bursaries and to institute and award felIowships, schoIarships, studentsbips, medlW and prizes ; (xvl) to institute, raise and provide funds wherever necessary for carrying , . - . but. the iunctioqs of the University ; . (~viit)o co-operate with -othkr UoivL;sites or Institutions or author~tieso r ' associafidns in such manner and for such purposes as the Board may determine ; (mii!] to establish, maintain, manage and confer-r ecognition to hostels ; (~ii) r - . < . - . -, - , 110 c&I$~~T~;s !pervi~e,r rgilate and c o io~l the t&hi&, consdta11~y ,and conduct of reseaich in the affi(jateda nd constituent ,institutions to the extent deemed necessary ; (XX) to determine the powers and duties of the officers and other employees bf the ~niversjt:+o ther than those prcvided in this Act ; ' .,, - -, . (xxi) to prbvjde for the inspection of afliljated iosrituticns and lay down standards of instruction and research ; , , , . ( ~ ~ itoi )i ostitule and establish p~ofessor6hi~R. eaderships, Ler turerships and any.bther teaching and research posts requi?ed by the University and to appoint personsktos uch posts ; and , , ,, , (xxiii) to do all such acts and things as m.s.y .be. .re.qu.is.ed in CurtheIance of the objecrs of the 'Uniers .i ty. , ' 6. No p&on shall, on grounds only of rcligon, race, car!=, sex, dcscsnt, Unhersity own lo aU residence, Ia nguage, political opinion or any : of 'them, be iieIigible for, or ' rlasres, castam discriminated against in respect of any employment or ofice under the University I . and creeds. or: membership ,of-anyo f the authorities or bodies of the Universjt 'y or admission to any coarse of sludy or research in the Universify : . . , ' . . . ,. . . . . . ! , I ~rbvid~thdat the Universitv may; in cor.s"ltati?n with the Government, reserve seats for the ,members of the Backwatd Classes of Citizens or:Scheduled Castes or Scheduled Tribes, or Orissa domiciles or women or any other categorg of p C e o r l s lp o g n e s s , o f r o t r h e t h in e s p ti u tu rp ti o o s n e s o .o f f t a h d e m U i n ss iv io e n rs i a t s y ,o st r u a d f e fi n li t a s te t d o io a s n t y i tu o t f i d t i h is e . ' Consti. . t ue. nt . .-, , ,- I' rn CHAPTER THE CHANCELLOR AND OFFIC. ERS OF THE UNIVERSITY 7. (I) Tb ' c . . _ , G , o I. v ., er . '. n ,,. - o r o7 f Or;raa L < sll , . , by . vir , tu . e of . his o .., f fic ., e, be th , e ! ' ' C - i h ' ancellor of the IJqipqsity. 8, !. . . .: .: .r '.!, , ............ . : I . . . ' (2) Ths Chancellor shall& the head of {he Univnsity and shall, whan present,' pr&ide it'the meeting of the convocation of the University. V) Al1,authorities of the Univ,e rsity shall be subordinate to flie Gh?lpcellor. (4I ~bb.'cjiiin&ilo k i i j; e , it , her . . ,#KO I h au ! or I on , a re . fo I r on . c ,. c !" ' m ' ade to him . by 'the- 'Tic=-Chancellor 'lindw:'.t ke provisions, ,of subsection (8) of &&ionbI d. 'ir b:i the Gowiiment, by order in writing; annual .:any. ,prqceeda l?g ' of 'lny of 'the 'autborit'iks 'b'f the University which is not in conformty with this Act, the Statutes, Regulations, Rules or any other Law for the tim ;., e b . t , in . g " i . n . for? :.i ........... , ., . . :. , !'... , . . , I . . Provided that before making any such order the chancellor shall call upon such auteority to, .shoy cpse why guch an order, should not be-ygde and;-,if,.ang cause"/$ 'show? by 'auch' autponty spithind's rea.so.n.ab.lcf lme, shall~'.co.h.s.~.d.e-rth. e 1s a -. m . e.":" , -, , - .- , . . . : (5 I ) . T : h : e khan#llo < r , :. shall have the rlght to suspend or dismiss any of the authorities.: of .the Universityr':an& to 'take '&&hires 'f&,the interim administration of the University :, ' ~rovfd@t'h at befy any yoh q~toiof n, the C~ncgll~shra ll give an ' :,opportunity'- to :'such adlioritf fd .ddw @us$- 'w%. ~ucha n action ,, shodd~ii6 ; t I be:ltakea " ' - ,,'!!L-.. - 0, I I. , . , . (6) Evesy propqpa) for the canierment pf an honorary degree shall be subject to confitpptioq of the GhanctlIor; . , . , , . . .' . . (7) Aq spKsi shall I/? 10 the Chancellor ag. inst any order of dismissal by the Board' or the Vice-Chancellor against any employe-.e in the serv,i.c. ,e. pf the University; (8) An appeal under sub-section 17) shall k filed within sixty days from the date of servi~qr of the order of diqmissal on the employee ~. nc0rrie.d; .I., : (9) The Cnancellor sball have power to remove the Vice-CbanceUor from office by an order, in writing on charges of' mismanapeacnt of funds or misconduct or for my other good and sufficient reasons : - . . . - . . -, Provided that no order removing the Viw-Chancellor under this sub- section shall &'passed until such 'charges are proved' by' an enquiry conducted . : by an officer. not betow, the rank of , Se.c.r eta , ry to Government appointed by the Chancellor for the purpose-':" . . Provided further tha! the Vice-Chancellor shall not be removed under tbis suh-sectio~ unless lie has been iiyin a msonable opportuniiy of showing cause against the action '.prp,.p: os , od . ' t o -'I$ taken a~insfh imi- dfsEera or 8. The fcllowing shall be the o@cefs,o f the ~niversitsn amely :- tho Univu- , I . . I ,- . sity. (i) the ViceChancellor ; (ii] the Registru ; (iii} the Finance Officer ; (iv) the Director, Curriculum. Development ; . - - , (Y) thc . : Director, ,Examin. at . io . n ; and , ' . . (pi) suck other Ofice!!, as may, be declared by the. st.n..l.o ter to be - officers 01' thel!un~versity; ' ' 9. (4) The Vice-Chancellor shall: be . app.ointed by the Chancellor from among techni-1 education .exFerts from ,ouF of a panel .oft hrce names recommended by a Commitpe appointed by h~m - ,w ho ,at= na memks of the Committee: .. . provided' that the &St Vice-Chancellor shall be appointed by: the Chancellor from a panel of three names recommended.'by :tfiidG *ei'niknt. (2) Tha Commitlee rokrred to in sub-section (1) shail coisist of t h e members of whom one shall Fe nominated by the University, Grants Gommission, one'shall be eketed by ,rlii Bijard and the rem-~ning- shall be nomioaled by the Government and the ChanceIlor 'shill appo'jint one , o > f the - me , mbe rs to be the Chairm - a . n ., of the Com , m .. i tt , . e . e .I : ~rb~ided"thatn o person shall ba eligible to be a membr of the Committee, it' he is a member d any of the authorities of the University . or ,sn -eprglpyee of the University oifbfa C0llegC or institutione *jntained - 0.r qeogniled by, or , ufilia.t ed-40, the Uniuersity: . . . . . ,*T , , . . - .> ', , ,, , (3) The committea ahall make Ltbe requirgd recommendati+io!$nn s a i~ina priod d three::months kom , the7 daW, df its, appojdmiit," $hi&, r a e n q p u t i h r e e r d r s e u c c o h rn ,, i C n o en m d m at i i t o te n e t - o s h t a h l e l: - , b C e b - a .a n p ce p n o o in ,r t 'w e , d h 1 o b T y s'h' t a h ]l e '' ' a ; p point 'iq-j c to k . - m ~h a & ke & "t l b ~ k c r accordingfy. , , . ' , , . , , . . . ,,. - . ,. - . . - ..,. .. ..., ,,, . (4) No erao on who has completed sixty-five years of age shall be eligible to hold the office of the Via-CmcePor. ' ' , . . I m . +, (51 The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for reappqint- ment for 'another term or till he attains the age of sixty-five, whichever is earlier, without following ,the procedure specified in sub-section (1). . . 16) The remuneration paya'sle to, and the other conditions of service of the Vice-ChancelIor sh?lI be determined by the Chancellor: Provided that the remuneration -aficl 'other conditions of service sha!l not be vxied to the dissd~antag~O F the Vice-ChanceIlor during hrs - tenure as such. . . - . I . Pow and 10. (I) The ViciChancellor shall be the principal academic and exequtive dmim ofVicc officer of the University and all other offimrs of the University shall be subject to general supervision and control of thz Vice-Chancellor. (2) The Vice-Chancellor shall be the chairman of the ~oarda nd the - Academic Council and shall be entitled to be present at, and to. address, any meeting of any authority of ,the University, but shall not be entitIed to vote thereat unless .he is a membcr of the authority concerned. (3) It shaIl be the duty of the Vice-Chancellor . to ensure that the provisions of this Act, the Statutes, Regulations and RuIes are observed and he shall have all the powers as necessary for this purpose. (4) The Vice-Chancellor shal I have the right of visiting- and inspecting institutions maintained by, or aGliated to, the University. (5) If the Vice-Chancellor is of the opinion that ,any order ot dicision which is required to be p,assed or mads by any authority of the University is n~essityt o be passed or made immed~ately and it is not practicable to convene a meeting of the said authority for that purpose, he may pass such order or.t ake -such .decision as he deems proper and place the matter before the said authority at its next meeting, for ratification, and where the authority differs from the Vice-chancellor, the matter shall be referred to the Chancellar whose decision thereon shall be final. (6) Subject to the provisions of this Act: and the Statutes, the vice- Chancellor shall have the power;- (a) to make appointment ' to poi& below - the rink of' Assistant Registrar and of non-teaching employees or to such posts as may be prescribed and specify their duties ; (b) to suspeqd, dismiss or otherwise punish any employee of the University below the rank of Assistam Regislrar including non- teaching employees ; and (c) to take disciplinary action against. students of the University : . Srovided that he may delegate ,any of the.. powers under ..this sub:section. . - + .,; ! .'1**m3 . rn1,mt he Re , g .. iStrL.,. ' .,' . - - . (7) The ViceChancollor shall have the power to convene meetings of the Board or the Academic Council or any ot-her authority of the University. . - , - (8) It shall be the duty of the vice-~hancsllorto ensure that the proceedings of' the University are carried on in accordance with the ,provisions' of thismA ct, the Statutes ,R egulations and Rules, and where the Vi~Chancelloris of opinion that any, pro~eediqgs or order of an authority of, the Universily is vioIative , of aiiy pr,oiision of this Act, the Statutes, Replations .or. RUIA he may,. by an'o rder in-w riting, stay the operation of such proceedings or, order. and send a repGrt 'andnd'..make a referen? to the .Cbancellqr.f or a final' decision i ,, n., a . mor- dan&"with pro'visions, of subsection {4) of scctton 7. . . . ,. (9).T he .Vie-Chanczhr. shall exercise .such.other- powirs and. perfbrm such otEiei~'ru~ctioa~sc-'m ay be prescribed .b x ihe Statutes. and Reg~liitio~s. . I ... (10) In the event of absence of the ViceChancellor from the headquarters or during his inability to act duc to reasonb like iIlness, the Chancellor may make such arrangemcnt for- performance of the duties of the YiceCbancellor as he may deem fit, during such absence. '1 , I (111 In the event of the occurrence of vacancy in thc offim of the. .Viw Cba nc% or by reason of 'death, iesignatio-n or athcrwisk, the Chancellor may appoint any person to act ; ~ sV icc-Cl~nn~elIourn til a regular appointment of Vice-chancellor is madc in accordance with section 9: , Provided that the period of such interim arrangement .shall not e~ceed six months. . 11. (1) The Rcgistrnr. shall bc a wllolc iimc ollicer of the University and shall be appointed by the l3o:lrd for such period and on such terms and conditions as may b prescribed bystatutes. (2) The Registrar shalI be responsible for- (a) the custody of thc records and the commoa seal of the University; (b) maintaining a pcrrnoncnt record of the acadcmic performance of students of the University including the courses taken, grades .obtained, degrees awarded, prizes or other distinctions won and any other itams pertaining to the academic performance of the students ; and (c) execute all contracts on bebnlf of the University. (3) The Registrar sbll exercise -such other powers and pcrform such other duties as may.be-imposedo n him by Statutes. (d) All hits and other icgal proceedings by or agniast the University shall bi instituted by or against the Registrar. , 8 Fin an- 12. (1) The Board shall appoint a person selected from among a panel con- officer. taining the names of officers belonging fo thc Orissa Finance',S emi* furnished . by tha Ctoueramenc, as the Finance 0-r of the University for such pe~iod and on such terms as may be prescribed by Statutes. (2) The Finonce Officcr shall be a whole time officer of the University and shall, subject to the control of the Vice-Cbanoellor, exercise-such powers and perform such duties as may be prescribed by Statutes. ,Director, 13. (1) The Board shall appoint the Director, Curriculum Development, Curriculum tl~cD irector, Examination and also the other ofimts of the University as referrod De ve10p- to inclause (viJ of Section 8, for such period and on's rtch terms as may be . mcnt, prescribed by Statutes. DiFCtos, E*amirIation o a t n h d er . t o he fi ctlq (2) The Director, ~urricul& Ikvclopmtnl. the DirectorJ Examination and the other oficers shall excrclge such powers and perform such duties as mny be prescribed by Statutes. 14. Notwithstanding anything 'cofitained in seclions ]],I2a nd 13, the first Registrar, the first Finance pficer, the first Direclcr, Curriculum Development and the first Director, Examination , .shell be appointed by the Chancellor on recommendation of the Government. 15. The appoinlments of the Vice-ChanceIlor, thc Registrar, the Finance . ' - Ofhi, the Director, Curriculum Dovelopmerit, the Director, Examination and the - other O5cero of the Univarsity ,shall be notified in the Gazette. 90 CHAPTER- IV b~ AUTAORITZES THE UNIVERSITY AuthOriti -s 16. The folIowiog shall be the authorities of the University, namely:-- ol Ibe Uni~~rsity: ' , ,. , . , L . -. [ij the Board ; . , , .. - (ii) the Academic Council ; '(iii)t he Faculties ; . . .. - (iv) the Board of Studies ; . ... . (Y) the Finance. committee ; and - (vi) such other bodies or authorities a6 may be dcclarcd by Statutes to b authorities of the University. Board- 17. (1) The Board shall be thc chicF ~xccutheb ody of the University and shaH consist of the Tollowing members, namely:- .Ek-oficio members:- , . (i) the ~ice~hancello;. r . . ;. -. 2. r (ii) thc seprktnry to Goveinment, ~ndustriesb ePaltmcnt ; , I (rib the Secretary to ~bvernmcit,F inanm Department ; I ! . - . (v) the Sec~tnryt o Government. Science and Technology Department : ! , , .I ! . :. . (~tih)e Director of ~ecbIlical Education and Training. , , , .'i .I ' other mambere- , , : . 4 (vii) one p-erson from among ~irectorsl~eanso f the Universjty, nominated by the ViceEbancellor ; . ' I . . (~ifi)o ne Principal of any of the' affiliated or constituent Colleges of the.UnIversity, 'nominated by thc Vice-Chancellor ; - , . ,, . A : (ix) two members of the Acndcmic 'Council, elected; by the qcmber~ , thereof ; (xl 1 wo members of ll~eO rissx Lcgislar ive Assembly, elected by the ' members thereof ;. (xi) two pcrsons representing induslries, both Private and Public Sectors, nominated by the Gbnncellor ; , ' . I , . (xil) one Professor.or Director of a prcmier technica 1 education instihrtion - ,, - like IlT or IIM nominated by thc Chnncellor , I I ,; [xiil) one official rzpresentativc .of the Council nominated by it ;a nd - . . , - , ; - _ , . ' . I . , .- . - . ,I . .: ,. - ( . xiv) . .- a o €t n il e ia m te e d m : b i e n r s ti f t r u o t m io n a s m , o n n o g m st in t a h t c e & .m b e y m th k e r s V o ic f e- G Ch ov n e n r c n el i l n o g r . Bodies of (2) The tcrm of office of ihc rnembcrs of the Board, other Lhan the ex-oficio rncmbers, shall bc threc years from thc. d:~teof their nomination or election, as the case may bc, and thcy sh-all nc.lt be zligiblc for re nominotion o rc-elcction for thc next consecutive tcrm. - (3) The Secretary to a Govcrument Deparlment may nominate any ofticcr . not below the rank or a Joint Secrctnry to attcnd any 'or all the meeting- of the Board and thc officer so nominated sl~allh ave all thc pdwcrs nod privileges , . of the memhm of tllz Bu:lrd. P owcrs 'and 18. 'subject to Lhe 'provision or this Actand tfieStntutes, theBoard~hall funetlons of exercise and perform lhc lbllowing pc~wers~ nfudn ctions , nanlcly: - Board. ' (i) to exercisc the executive powcrs of the ,University incll ding the general supprintz~ldcncca nd control avcr its insiilutions; ' (ii) to admit an institution to rlu: L'uivcrsily its an nfil~nicrli ns~itutirn in accortlitnc~:w irh tl~cte rms rrncl cont!irions prescribed by the Stntutcs; (iji) to make Statcrtes for thc consider at ion and approval of Governn:eni; (iv) to hold, conlrol and administer -hc p operties and f~ndso rtIle University including investnlent of nioncy in such docks, funds, , shares or ~ecuritesa s deemcd fit. (v) to buildings, premisrs, fur nit ure, aPpamtus and other requisites for carrying on thc work of the University and to tlmr end enter ' into, .vary,c arry p ta nd cancd con1 racts on bchalf of ,the University; (vi) to,dircct the form and use of the common scal ofdhe University; (vii) to establish, maintain and manaec departmcnts ,and instilutes of . . resarch and other advancd centrcs of learning .as it may, from time to time, deem necesmy; (viii) to appoint teachers o-fficcrs of and above the rank oft llc Assistant Registrar and to prescribe their dutics; (I#)t o create teachins, tcchnica1, ndrninisirative, ministerial and other . necessary posts; (3t) to suspend, discharge, dismiss or otherwise tnke di!kiplinary action , against teachers, and officers of and above the rank of Assistant Registrar; - ; (xi) to hx ana regulate the fces payable by .tile students subject lo su& instructions as may be issued by the Ccntral Governmeut 'or the Council or the University GrantsC ommission; (xji) to create research fellowships, l~onoraryo r otherwise; (lilt) to, creatc fellowships, scholarships, stliden tships, bursaries, nlcdals and prizes on the rccomraend~tiono f the Finance Cornmiltee; (xiv) to cxcrcise supervision and cont rpl ovcr thc rcsidcnce and discipline of studenls; (xu) to ~nsidcarn d pass thc financial: estimates, thc annual accounts, togather wilh the audit report and the annual rcport of the U!liversity inacc- ordance with the provisions of the Statutcs madc in this bchalr; (~vjt)o hnvc overall supervision over 1 he conduct .of cxaminatian and approval and publication of the results thereof; (k~ii)to appoint lriembers to the Faculties ;,nd Board of Studies; (xviii) to dellgate aiy of its powcrs to the \ficc-Chanccllor or any other authority or officer as it,mayd ecm 6t; (x~x)t o prescribe proadlire for the i~lspccliorol f affiliated institutions so 9s . to ensure compliance with the conditir;ns of,afilialion and to decide on . the continuance of afiliation; (xx) to accept grants, cndosmet~ts, bcquec ts, donations and transfers of movable and immovable properties to the University on its behnlc @xi) to negotiate ivith other Univcrsiti~s for the recognition of the exrlininatiani sf the University; and (xxii)' to exercise Such other powcrs and pusform suck orha duties ss may be prescribed by Statutes. Academic . 19. (1) The Academic Council shall bc the principal academic body of the Council. University md subject to the provision of this Act and the Statutes, it shdl , codrdinatc and exercise general supervision over thc academic pragrammcfi and policles or ~c U~ivcrsitya nd shall be responsible for the maintenan& of standards of instruction, rewarch, education and examination within tilo University and shaN exercise such powers and perform such otherduties rrs may h confcmd on .it by Sea-tut&. (2) The, Academic Council shall consiet of thc following members, namely:- . {i)t he Via-Chancellor; (Ill Secretary to Government, Industries Departnlcnt or his nominee not below the rank of a Joint Secretary; (iii) Secretary to Government, -science and TqhnoIvgy Department, or his nomlaee not blow the rank of a Joint Secretary; (iv) the Director of Technical Education and Training; - (v) the Director of Indushies; (vl) the Deans of Faculties; (vii) all Directors In the University; (vjii) Principals of all the conslitucnt and affiliated colleges and institutions of thu Univemity; Other members- - &) ten teachers of Gon&tueot and ~ffilitlted!c ol!eges and institutions nominated by the Vice-Chanoellor on rotation bas~s: Provided that the number of teachers from each costituent or afiliated GUege or institution nominated under this category sball not exceed one; [x) five oulatanding scholars of national or international ie putc from. 0ut~ide ' the State of which tbiee shall be nominated by the Chancellor and two by the Council: [xi) fiw o % ~ fsrom national level institutions or organisations such as Council of Scientific and Tndus~ialR esmh, Depnrtmont of Science and ' Teclmology (Government of Indi8), Indian Space Resea1,ch OrEanisation, Defence Resehrch aqd ~evelopmcnfO rganisation, Railway Design and ' Standards O~gmisationa nd other similar institutions, nominated by the Vlce-ChanceUor; (xii) three representaiives of industries to be ominated by rhe Chancellor; (xiii) two bficers in tbe rank of (icnerni Manager or abovc in the State Public Sector Undertzkings which ate major crnpluyers of the graduate engineers, nominated by the Government; . (xii) mhvo Chief Engineers of the Governmoat ~e~artmentnso, minated by the Govqrmedt; and (xv) t!~qpe rsons from industrial or techaim1 consultancy organisationa of. naaonel repute, nominated by the Government. (3) The rerms of oflice of tbe mkmkrs, other thari &oficio members, shell be threc. yean. , Powers and 20- Subject to the provisions of this Act and of the Statutes, the Academic rumlions of A@dunic Cortncil shall have the following powers'aad functions, nafieIy:- , Council. (I) to advise the 3aard on all academlc matbra; ' . - . (ii) to make regulations and tb amend or-repeal the same, on fhc foil-owing matters:- (a) prcscrjbiog courses -of studies-and schttllcs of examiua~ions, (b) conducting annul revicw of course, offered, contcnts of curriculum and prescribing new courses to be introduced keeping in view tlio needs of ... . the industry and prescribing modifications in curriculum, I ! . . (c) prescribing qualifications for ad:nission of studcuts to 'various courses of I studies, to research degrees and to the esarninations and the conditions , - ! under which exemptions may be granted, (0 prcseribing thc standards of evaluation of the performance of students and ~lassificatino of students on thc basis of their perforrnancc in t hc , examinations, . < . (e) prescribing the coaditions for admission of candidates for rescarch degrees and the rrquiremenrs for the award of such degces, Cfl prescribing thc qualifications for recognition of reachcrs and scientists as supervisors for restarch, (g) proscribing the equivalence of examinations, dcgees, dipIomas and eertific;ales of other Universities, (h) the qualifications of teachers in co nf&mity wit 11 the rcco- mmcndations of the Council, and , . . , (i) prescribing thc norms for the upgradation ot tcaching posts; (iii) to examine and act upon the recornrncndations of the various Faculties in makg imegulations; (iv) to determine what degrees, diplomas and a ther academic distinctions shall be grantod by the University and to award the samc; (Y) to inslitutc scholarships and fellowships; (vj) to consider the annual reports and to make suggestions thereon to the Board ; (yii) to recommend -to the B~ardth c conferment of honorary degrces and other distinetlons ; (vjii) to dclegate such of its powers to such Committees, Stading Committees, Sub-Committezs or officers of the University as it ,]lay consider nteessary for discharge of its functions .; and (is) to exercise such 0 t h ~ ~po.w ers and perform such other functions as may be prescribed by Statutes. 21. (1) ~ h cUn iversity shall constitute such number of Facul tier as may bc g&,crit>ed by Statutes from time* to time and each such Faculty shall, subject to the control of the Academ~cC ouncil, be responsible for the Co-ordination of and research in-t he branches rcpmscnted in the Board of Studies coming ua:der its pwiew. - (2) The term of the 'Faculty and its constitution and membership shall h as * - prescribed by Statutes. (3) Subjm to the pr0vision6~0ft his Aa, each Faculty shall excrcjse such powers and perform such duties as may be prescribed by Stptutes. - (9 There shall be a Dean fof each ~aoulfyw, ho shall be ngmioated by the Vice-Chancellor. - ($ The Dean of each FaMly shall be responsible for fhc due ob5srvaose if ~e StatutG and Regulations and in guiding the deliberations of the Faculty. (6) ~ hDdea n of a P~eultys hall bold ofice for s term oft hee years. 22. {I) There shall 'be a Board of Studies f ~ cea ch brwcb of study or. branches of study us thc Board may dieide. (2) The conjiitution a,pd powers of the Board d Studies shall po i sp rescribe0 by Statutes. - 23. (1) ~ h e ksh all a Finance Committee with a Person nominated by the Board as its Chairman. and thc Finance OSctr of tbc UaiversiEy as. its. Convenot. ' ro advise the ~nivirsitya n any-q uestion affecting its finances'. (2) Subject to the provisions of this Act, the constitution, and functions of the FinanceComa~itteca ud its pm%dgre bIuding U e delegation of its powers, shall bc as prescribed by Statutes. v CHAPTER SELECTION COMMITTEES Comtitut,ion ' - 24. (1) The Chancellor shall, ia consullati~qw ith tbp Board, constitute from of Selection time to time, separate Sclection Committees for the purpose of seleotion of Committee. candidates for recrnitmcnt to the posts of- (a) Professors and Renders; (6) Lrcturers and other posts not being d nqnlteacbing:staff ;q gd . (2) be selection Commhtce shaM consist of such members as may be prescr ibcd by Statutes. (3) No porsqn shall be dircctly rekilcd to the w h h g or nonfqching posts of the Uniiersity, cxccpt on the recommendation of the concerned Sclection Committoo constituted undcr sub-scction [I). (a) The quorum for a meeting 'of a Seleclion Committee shall,b c such a8 may prescribed by Statutes subject to the condition that the quorum shnLl include at least o m subject cxpcrt and a nominee of Government. (5) The procedure to he followed by each ~,elcctionC ommittee for selection of candidates shail be such as may be prescr~li~rbyl Statutes. ' - ... (6) Where an oral test is prorosed to be con,du,cted:by CheSeIcction Co.m~ittee, it may invite, wh~reit is considered necessary, any per$o~o r peqong with expert knowledge in particular subject to assist rhe Selection Cbmrnittce at the interview but such person or per sons shall not be cntkled tp award m,xks, . . (7) The sclect ion If is ppreparcd by tbe Selectioq Committee shU be published in'thc Notice Board of the University, , , (8) The selection list published undcr sub:section (7) shall rcmain in force for a pcriod of one gear from the date of such publication and ill vacancies arising duriog the said pe.r iad shall bc filled up from the list so p~bIj-~hcd. , (9) Syhere the Board pxogoses to makc en appointment otherwise than in sccordanco with tho ordcr of merit arranged by the Selmtion Committee, it shdl re~ordi ts rcsoa s Lhercfor irl writing and submit them to tbe Chancellor may appr0v.e the proposaI or return it to tbc Board for reconsideration, (10). After reconsiderarion in pursuan,ca of sub-section (91,i E the Board desires to pursue its original proposal, it shall refer the rng!Jec again td thq Chancellor for his decision and the decision of the ChancelIor theleon shall be.6nal: (11) The Chancellor shall have- the power to give directions, to the vice- ChanelIor to cance! any appointment not made in, accordance with the provisions of this section : . . . , Provided that before'givjnga dircctioo unde,r WS subsection, the, rna.acellor shall give the. person SO appointed a reasonible- opporhnity. ib show-ca@e,qs ' to why. such drreellon should not be given and shall 'consider his explanation's and objections, if any. . . . - -. , . (12) If at any- time. it is- di.sclosed lhat a pcrgon has, while applying foe i~ppointment to any post ynder the University, msde mY falge statemeat or _ declaration berore the Selectton Committee or ~IIg uy applic4tion sybmitted by him or has prbduced any false documents, his appointment shall, without prejudice to any other action that may be taken against hiin, be cancelled by the Vice-ChanceIlor : . provided that before. cascelling any such appointweat, the Vice-Chancellor shall give to the person, so appointed, a reasonable opportunity to show cause as to why the appointment should not be cancelied and shall consider his explana- tions and objections, if any- ~nlwrertr 25. (1) The University $hall establish a fund to t+ called the ~ni~krsiFtuyn d. Fund. ,. , > (2) The following sbaIl form part of, or be paid into, the ~niversiFtu~n d, - namely . (a) any contribution or grant by the Government, Central Government, Coundl, Ugiversity Grants Commission, Indusrrial Undqtakipp, Corporations, Compani'es or locat anthorities ; I , -. I (6) income of the University from any source inc . l ud , i . n g . incom? frqp fees, charges and sale proceeds; (c) bequests, donations, endowments and other grants, if any? re.c,ei-v-e-d . by the University ;P nd I (d) miscellaneous receipts. (3) With the Prior approval of Government, the University may, from time to time, establish such other funds in such name and for such specific purpose or purposes as may be dec-ided by the B-oard. (4) Every Such fund shall, be kept in a Nationaliscd Bank 07 Scheduled Bank or invested in such hecuritics as may be decided by the'Bo~d.. (5) The funds,a nd a!l moneys of the University shall be ma.n aged in such manner as gay be. prescribed by Statutes. . I (6) The Government shall; for the purpose of sm?oJh functioning ofthe University, makc a lump sum grant to it every year. Power A 26. The University may, with the previous sanction of G,overn.mentasr egards hrmw. thepurpose and amount of loan and subject to such' conditions as may be specified by Government as to sec.wity and I ate of interest, borrow mys um of money from any Nationalised Bank ar Scheduled Bank or any other incorporated body. . . Financial 27. (1) The University shall prepare the financial estimates of receipts and c3tiite3' cxpendihre of the Unlvcrsity in 6uch manner aa may be prescribed by Statutes. (2) The Board shall consider the cstim6tes 50 prepared and approve them . , with or without inodificatioa. - (3) Thg Uniyeqslty shall subfit such es,@gaks as. approved by trheB oard to,. t, , h , e Govecam,~ptf,o r its.saqctinn. (4.The Qovetnmen~m ay pass such orders With reference to, the said estimates as it thinks fit and communicate the same to the University which shall give effect to such order. (5) The Board may, in urgent cases where expenditure in excess of the emo#,nt s prwded #qr ip. the bdg% is fouq4 tPr be necesaaq, for r~sontso be recor,dqd,I n vritigg,;i nqu~s uch expenditurk. Awomt~ 28. (I) The annual acrxrunts of the Universily shall be prepared by thc md Audit. Binance Oacer under the direction of the B . oard and all moneys accruing to, or mceived by, the University from-whatever sources and all amounts disbu~cda,n d paid by the University shall be entered in the accounts. (2) The accounts of the University shall, atleast unw in every gear and at interval of not more than fifteen months, be audited in accordance with the provisions of the Orissa Lacal Fund Audit Act, 1948 and the provisions of that Orissa Act 3 Act shall apply to such audit. of 1948. (3) All reports on audit made under sub-section (2) skall, as soon as may be after they are received from the Examiner of Local Accounts, be laid before the State Legistature for a total period of rourteen .days which may be comprised in one or moE sessions. (4) The Government shdl hove powers to conduct special audit if rcqyired in respect of utilisation of funds and the University shall compIy with the . . . directions issued by the Government on such audit. . . (5) The auditors shall also report on any other mattcr relating to the accounts of the Udversity as may be required by the Government. (6) The University sha11 forthwith rectify or remedy anv dcfect or irregularity pointed out by the auditors snd report the action taken to the Go~ernment. hnml 29. (1) The Board shall prepare the aonue1 report of the Uniwrsily containing m. such particular8 as the, Government may specify wvedag each finamial year and, i before ,its final approval, it shall be, presented to the Academic Council for its review on or before such date as may be prescribed by Statutes. (2) Copies of the annual report and the annual accounis shall b sent to Government and the Goverament shalI place them befom tho State Legislature. STATUTES. REGULATIONS AND RULES 30. Subject to the provisioos'oft his Act, the statutes' may provide for a1I ,or any of the following matters, namely :- {a) the constitutions, function and powers of the Faculties, Board of - Studies, Finance Committee, other authorities of the University and such other bodies as may be declared to be authorities of the Unlversi tY ; (6) the method of recruitment, condition of .service, powers 'and duties of the officers, teachers and other employees of the University ; (c) the conferment of honorary degrees ; (d) the award of degrm, diplomas, titles, certificates and other academic distinction8 ; (e, .the withdrawal of degrees, diplomas, ccr tificatej and other academic distinctions ; Cr) the institution .of fellowships, schokrshjps, studentships, exhibitions, medals and prizes ; . (g) the p'rocedure to be followed at aeetings of authorities of the tJn-iversity including the quorum for the transaction of business by them; (h) the classiEat ion of teachers of the University ,and other cmployeesi (i) acceptance and management of bequests, donations. and endowments; (j) the &ant of afliliation to institutions; fi] recognition of examinations of other Universitiw or educational Institutions as equivalent to the emamhations of the UniycfaiQ; , (1) fees to be charged for the courses of studies in the University and for admission to the examinations, degrzes and diplomas of the University; ( t j conditions relating to the award of fellowships, scholarships, studenbhlp, exhibitions, medals and prizes; \ (n) conduct of examinations, including the term6 of ofice, manner of appoint- ment and the duties of examinat~onb odics, examiners and moderators;

(0) supervision of students cngaged - in research and special studi~i n constituent or a6Iiated institutions; (p) fee to be charged for the service rendered by the Univetsily; and (q) any other matters which require to be or may be prescribed under this Acl or by the Statutes. Prowdwo 31. (I) The First Statutes of the University shaIl be mme by the Government for making by notification and shall continue to be in force until amended or superseded Stam. by Statutes made by the Board in accordance wiCh the provisions of this section. (2) The Board may, 'from time to time, make new or additional Statutes or may amend or repeal the Statutes in thc menaer hereinafter provided. (3) No Statutes affecting tho powers or duties of any aulhority of the University shall bs made by the Board unless the- draft of such Statutes is referred by the Vice-Chacellor to that authority for oxpressing its views thereon within such period as' may be specified in the !efeence or within such further period as the Vice-Chancellor may allow and mews, if any, so; expressed are duly considered. . . . (4) Statutes passed by the Board shall be subinitted to the Government, who may give or withhold its approval thereto or refer it back to the Board for reconsideration with' such observations zi it may deem fit. (5) No Statutes passed by the Board shall be valid until 'approved by Government and it shall come into force on the date of its publication in . the Gazette or on such other date as the Government may fix. 32. (1) The Academic Council may, subject to the approral af the ~oard make Reeulations consistent with this Act aild the Statutes. (2) The Regulations may provide for the exorcise of all or! any of lhe powers and functions edumeiated in Section 20. (3) The Regulations shaIl come into Force on the dale of their publication . in the Gazette or on such otbcr date as the Board may direct. Rules. 33. (1) The Academic Council, Faculties, Board of Studies and the Finance Committee of the University may, subject to the approval of the Board, make Rules ,consistent with this Ae, the Statutes and the Regulations. @) The Rules m y p rovide -for-- {a) the giving of notices to the members of each authority, the dates of meetings and the business to be transacted at their meetings and ' also for keeping a rceord of the proceedings of the meetings; (b) the procedure to be followed at the meetings and number of members required to form the quorum for the meetings; (c) all matters solely conoerning such authority or the matters hot provided for by this Act, the Statutes or the Regulations. - (3) The Board may, refuse to app'rove the Rules submitted to it or'may icturn them to the- authority concerned for further consideration or-may app.rove the Rules'without modiffcation or subject to such modifications as . the Board may deem fit. (4) RuIes made under tMs section shall comc into force on the date of their publication in the Gazette or on such other date as the Board may direct. CHAPTER VIU PILLING UP VACANCIES, REMOVAL, ETC. OF MEMBERS OF THE AUTHORLTIBS AND BODIES OF THE UNIVERSm 34. No 8 ~otr promdings of the Board, Academic Council or any other ,body constituted under this Act or the Statutes shall be invalid merely. by reason of any vacancy existing in the authority or body performing thc act or passing the proceedings. 35. All vacancies arising by reason of death, resignation or otherwise among the members of any of the authorities of thc University, who were nominated, elected or selected, shall be filled up as soon a convenient may be bY , nohination, election 0.r selection, as the case may be, and any person so . - nominated, elected or selected shall hold ofice for thc unexpired portion of the term of his predecessor in office. mignatlon 36. (1) Any member of any authority' or body of thc Univelsity may and mom1 resign from h s o0iw by a letter addressed to the Registrar and the resignation dmsmbm. shall take effect from the date of receipt of the letter by, the Registrar. (2) The Vice-Chancellor may, on the recommendation of the Board, remove the name of any persou, convicted by a court of law of any offence involving moral delinquency or punished by the University for malpractice connected with any University examination, from membership of any authority or body of the Univmity and for the some reason may withdraw any degree or dlploma conferred or granted by the University. (3) The Vicechancellor may, on the retrommendation of the Board, also . remove any person from the membership of any authority .or body of the University if he becomes mentally unsound or a deaf-mutc or has applied to be adjudicated or has hen adjudicated. as insolvent. (4) 1f a member of any authority or body of the University who isnot an. ex 08;cio member fails to attend three consecutive meetings of that authority or body, he shall cease to be a membcr of 'such authority or body, and thereupon the Registrar shall intimate Em that he has ceased to be such fl member: . - Provided that such authority or body may if satisfied that there' was sufficient cause for the fallurc of the member to attend the moetwgs, restore him to its membership. Ix CHAPTER TRANSFER OF COLLEGES, INSTITUTIONS, EMPLOYEBS AND PROPERTY THEREOF AND AFFILIATION, ETC. 37. (1) Notwithstanding anything contained in the Orissa Universities Act, 1989 or the Statutes made thereunder, or In the Orissa University of Agticulmre and TechnoIogy Act, 1965 or the Statutes made thereunder, any or aU the constituent Colleges, Institutions or Departments of other Universities a3 may be specified in thc notification issued by the Government in this bchalf shall, with effat from such date as may be specified in the said notification, ba dlaaf%lleted from tha respective other Universitier and bo formed into and maintained as constituent Colleges, Institutions or the Departments of the university : Provided that the College of the Engineering and' Tcchnolom, huba an^& and the, University College: of Engineering, BlrrIa shall stand transferied from the other .Universities. concerned and be formed into and maintained a cbnstltuent Colleges of tht University, immediately and the provisions of subsections (2) and (3) shall apply on such transfer. : (2) On and from thc datc so specified under sub-section [I),- (i) thc control and management of the col[cges or institutirm or Dcparrd ments notified nndar ssubsection (I); and '. (ij) a11 the propcrties, asscis and linbiliries and rights and - obligations OF thc respective Universities in rclatiun to the said colleges, inslit~~tjonos i Departmenls including all obligations of rhc Government in re lation thereto. ShlI stnnd transferred to, and veet in or devolve upon, the Univcrsity. (3) The compensation payable by the Univcrsity to the other Universities in respect of the properties; assets and rights beIonging Lo tlicorher Universities transferred to, or vested in, fhe University under sub-section (2) in rclationto any college or institution or Department to which. thc provisions of this Act arc applied undcr sub-scction (1 1 shall be Such as may be agreed upon between tbe resp~tivco thcr Uni~~sitiaasn d the University : Provided that where no such agreement is rezched within a period of ouc year from the date specified under sub-section {I), the Guvernment may, after giving an opportunity to the othcr Universities mncerned and Ihe University - ' for making their representations in this behall: determine the compensation _. .: payable to such other Universities and ihc.compcnsation so dctermined shall be final and binding on such other Universities and the University. 38. (1) Notwithstanding anything containcd in this Act, or any rl tller law, but subject to the provisions of sub-scction (21, where the control and manage-- ment of any constituent college, institution or Department has been transferred to the University under seclion 37, the Ulliversity shall employ ell teachers and other emploYees of the respective constituent ctllleges or instituti~ns m Depart- ments of the other Universities concerned, who, immediately before such transfer or More the date specified under sub-scction (I) of section 37, were .serving in or altached to those colleges or institutions or Deparrmenls, as the case may be, on such foreign service ierms and conditions, as may be determined by other Universities concerned: provided that no deputation or other 'allowane shall be payable to any such employets. (2) Eyery tcacher or employee of othcr Universitia, concerned sball, witbin a period of six months from the date of transfer of the contrd and management , . undcr section 37, .exercise his option to revert to the services under fie other University to which he belongs, failing wbicb, he shnll be deemed to have ceased to be an employee of the constituent college or institution or Department of :- the other University concerned and shall be absorbed in the service of the . University with effect from the date ol' transfer referred :o in subseci~on(1 ) and shall, From the said date or on sucb traqsler, be. governed by the terms and conditions of service prescribed Tor the teachers or, as the case may be, employees of thc University. (3) Whcm any teacher or crnploYee s e d g io, or attached to, any College, ~nstituti?o~r Department st, transferred exercises oplion for reversion under sub-sectron (2) and there is no such post available in or undcr the .Unlvcrsiiy concerned, he -shall bc given an opportunity to exercise an option within such time and in such manner as maybe specified by ihc.other Universjty co~cerncd~eitbtor be absorbed in an equivalent post available in or under such other Un~vcrs~otry to be retrenched from the service on such retrenchrneul benefit as may be dcrwmincd by the other University concerned in consultat ion with the Governme~it. 39. (1) Notwithstanding anything contained in any othcr law, 311 Collcgcs and Institution5 imparting education in engineering , and technology including information technology and its application, architecture, pharmacy, applied arts and crafts, management and . appIied sciences othei than tbe Colicges and Tmtitutians referred to in section 37 exisling in the Slate and affiliated to iny other University immediately beforc the date of commencement of this Act, sbal1 be deemed to have been disaffilia!ed from thc respective other Universities I - and have beun amiated to the UplversitY from that day for such period an-d : subject to sucb terms .and condittons, as bad been specified in the order of the respective Universilies from which they obtained the afiliation: provided thif the University may impose such other terms and conditions ' for continuation or further extension of the terms of afiliation, not in consistent with provisions made in or under this Act and of any law made by parliament as it may deem flr, and the Colleges or Institutions shall be bound tv compIy with thosc terms and conditions within such reasonable time as may be prescribed by the University: provided further that the Uuiversity shall have power t o. alter or withdraw the a5liation deemed to have been granted under this sub-seaion, if any such College or Institution concerned does not comply wlth the terms and conditions so imposed. .(2) For the purposc of the deemed sfiliation' provided in sub-section (1) eyery College or Institution conccmed shall submit a copy of the valid letter .of affiliation granted by orher University concerned to the Registrar of the UoivCrsily within a period of three months from the date of commencement of this Act and the acknowledgement of the receipt of such copy by the Univzrsit)' shall be a valid evidence for the purpose of such deemcd afiliarion. - Exclusion Ol 40 Notwithstanding anything contained in any athcr law, no University in the jurisdiction State other than the University established under this Acf shall grant afiliation ofo tkr to any College or Xrlstirution which offers courscs or 'programmes ofeducation, Univemitlce research and training in the @Id of engineering anu technology including inform-a- - tion technology and its application, architecture, pharmacy, applied arts and crafts, management and applied sciences, aher the date of commencement of this Act: provided that nothing in -this section shall, save' as otherwise provided in this Act, npply to- ' (i) any constituent College, Institution . or Department of any other University or of a deemed University within thc meaning of section 3 of the University Grants Commission Act. 1956 whIch is dircctly 3 of 1956, managed, controlled and financed by such University or deemed University;and . (ii) general Colleges o; ~nst'itutioasa ffiliated to other Universities which are mainly offering courses in subjects other than engineering and technology including information technology and Its application. , architecture, pharmacy, applied arts and crafts, management and applied sciences. Special 41. Notwithstanding anything contained -in' this Act, the Statutes or the pcovisiom Regulations, every student of thc Colleges, institutions or Departments which hr students. have been disaatiated from other Universities in accordarlce wlth provisidnS of section 37 or 39, wh? was studying in*a ny such College or Tastitution or Department and was elrglble lo be admitted to any examinaiion held or conducted by any such other University shall be permitted to complete his courses of studies and be admitted to the examioation of the University and the University shall makc arrangement- . (a) for the instruction, teaching, training and holding examinati~nfo r such student, for such period and in such manner as may be det'ermined by the Vice-Chancellor in accordance with the courses of studies of othcr Universities concerned; and (6) for (he conferment of the corresponding degree, diploma or other academic distinction of the Unlbersity upon the qualified student on ' the result of such examination. . . - - .: CHAPTER x . . - .. : '.. 0 -; . .M~SCELLANEOUS , 42. No.s uit or legal: proceedings shall be instituted against, or damage Protection claimed from, the Uaiversity or, its authoritia; bodiesor officers,for anything of acts and which .is, in good faith done or intended to be done, or for-any order Pased orders; in good faith,. in-p ursuance of this -&ti the Statutes, Regrllat~onso r the Rules. Q uestipn 43. (1) If any question arises. regarding 1 interpretalion of any provision regardlnp of this Act, or aIiy Stalutes or as io whether a person has been dtily appointed i t n o t n Q P an rt d l b or nominated or is entitled tb be a member of any authority or body of dispute the University, the mailer may be referred ro rhe Chancellor. regarding consiirulion of authority (2) The Chancellor shzll, aftcr taking ~ucha dvice as he may deem or body. necessary, decide the question and his decision ?hereon shall be finel. , Registrar to rutward 44. The Registrar shall folward to the Government copies of the proceedings copies of of every meering of the Board and Lhe ~cademicC ouncil within two months Proceed hp cf the mesing. to Govern- ment. 45. (1) The Government shall have the rjght 10 cause inspection, to be made by such person Qr persons as it may direct, of the University, its buildings, lab~ratories, libraries, must tms, mar ksbops and equipmenis or any institution maintained, zfiliated to or approved by, the University and also of the work conducled by the ~niversjty,a nd to causc equiry to be made in respect of any matter connected with the University. . - (2) Thc Government shall, before taking any action under sub-section (I), give norice, to thc Universi~y of irs intention to cause such inspection or enquiry to be made and the University shall be entitled to be represcnred thcreat. (31 The Government shall communicate to the Board the resclt of any ~nspectioa or inquiry made under sub-sect ion (1) and may, af~era scertaining the opinion. of thc Board thereon, convey i ~ svi ews to the vice-Ch8ncellcr and to the Board. (4) The Government may, after considering the views of the Vice- Chancellor :-nd the Board cn the result- cf any inspectien or inquiry made under sub-section (l), advise ihe University upon the action lo be taken in [lie matter. (5) The Boar;l shall report to Government the action, if any, which is proposed tp be taken or has been taken upon the result of any inspection or inquiry medr- l~nder sub-section (1). (6) A report under sub-section (5) shall bc sobmitted to Gover~mentw ith the oflin~ono f the Board thereon within such time as the govern men^ may direct. (7) Where the Board does nor, within a reasonable time, take any actid11 refriled to in sub-section (4) to the satisfaction of the Government, the Gl~vernmentm ay, aftcr considering any expIanation furnished by theBoard in the matter, issue such- directions as it may think fit and the Board shall comply with sucb direction. , Appoin(mcnt 46. (1) The Government may, at any time, and shalI, on' the expiry of 0 f five years from the commencement of this Act and thereafter at the expiration Commission, of every five ycars, by an order published in the Gazette, constitute a Qommission which shall consist c.f a Chairman and sucb other members not exceeding h e as thc Goverment may appoint* and such orde~ sball deiine the procedure to be followed by the Commission. .F (2) The Commission coa~tituted under sub-section (1)-shall j oquire into, and make a report on- (i) the working of tbe University with special reference to quality and .relevance of courses of studies and Instruclions; ' (ii) the financial position of the- University; (iii) 'the suitability of the piovision8 of this Act or the statutes, Regulations and Rules with a view to bringing about improvements ' in the affairs of the University; and (iv) such other matters as may be referred to It by the Government and make such recommendations to the Government as it thinks fit. (3) On receipt of the report and the recommendations of the Commission under sub-section (2). - the Government shall forthwith refer such report and - recommendatians to the' board for consideration and report. Pension. 47. With the previouj approval of Government, the University may make in3uranc- appropriate provisionS for the benefit of its oacers, teachers and other employees under its control in matters of pension, insurance and provident and mvi- fund and for such other benefits as it may deem fit, in such manner as dent may be prescribed by Statutes. Cessaiion or 48: Any person who has &come a member of any of the authorities by msmbership. the process of nomination or election shall, on ceasing to boId the oEce or -on ceasing to hdd mcmbership of the association, body or Assembly, as the case may be, b : ~vir tue of which he was so nominated or elected, . ceasep to hold - ofice as such member. Transitory. 49. Notwithstanding the transfer of Colleges, Departrqents or Institutions provisions. under section 37 or section 39 of this Act, for a pried of six months froin the date of- commenccmen~ of this Act or such further period as the Go~e~nrncnItn ay ,by notification speclhr, every person who. immediately before the said date of ~ommencemedt, was a student of any College, Depart- mznt or Institution which has been disaffiliated From any other University in accordance with the pro~iaionso f this Act and affiliated to the University, and was ciig~blet o be admittd to any examinations held or conducted under -the Regulations in force of other University concerned,- (a) shall be admitted to such examinations by other University concerned - and the result of such examinations shall be . s a t by the other . University coqcerned to the University withia a reasonable time; and (b) thz corrzj;>onjing dcgree, deploma or other acadzmic distinction or mark-shect .shall be jssued or conferred upon the qualified students by. the University on the 'basis of result of such exammations conducted by other Uoiversity conccraed. ' 50. (1) 3n- and from the date of eomnencem:nt of >his Act, the provisions Savina. of the OnSsa University of Agriculture and TechoaloW Act, 1965 and the Orissa $$$: : Universities Act, 1989 shall caw to apply to, and in respect of the-colleges, institutions or Departments disaffilrated from other Universities and afaliated O h a Acl - to the University under the provisions of sections 37 a d 39. 5 of 1989. (2) Such cessation shall not affect- . (a) thc previous operation of the said Acts, or (b) any penalty, forfeiture or! punishment, incurred in respect of any offence committed under the said Acts, or (el any investigation, legal. proceeding or remedy in respect of such penalty, forfeiture ar punishment, and any such investigation, lega1 prowding or remedy may .-be instituted, continued or enforced and a?y such penalty, foriciture or punishmeht. may be imposed as if this Act had not been passcd. 51. If any doubt* or di£Ecuhy arise^ as to the drst constitution of any Of authority of the Uolverrig or as to the r@onstitutiom thereof ahcr the -doubt or wmmenccmm' t of thi8 Act, or otherwise, in giving effect to the provisions ,difElmlty. of this Acti the Government map, by ordar, do anything, not inconsistcat the .provisions of this Act which appear%t o it to .be necessary or for the purpose of rernoGing* the doubt or di5cdty: - ;,. - Pr.ovidad that no such or-de.r shaU be made under ,this section after tha ,xeiry df two years fr~mth e commenment of this Act.