BABASAHEB BHIMRAO AMBEDKAR UNIVERSITY ACT 1994

by Usha Rai · April 26, 2015

THE BABASAHEB BHIMRAO AMBEDKAR UNIVERSITY ACT, 1994

ACT No. 58 OF 1994

30thSeptember, 1994.

An Act to establish and incorporate a teaching and residentialUniversity in the State of UttarPradesh and to provide for matters connectedtherewith or incidental thereto.

BE it enacted by Parliament inthe Forty–fifth Year of the Republicof India as follows: –

1.Short title and commencement: (1) This Act may be called theBabasaheb Bhimrao Ambedkar University Act, 1994.

(2) It shall come into force onsuch date as the Central Government may, by notification in the OfficialGazette, appoint.

2.Definitions: In this Act, and in allStatutes made hereunder, unless the context otherwise requires,–

(a) "AcademicCouncil" means the Academic Council of the University’

(b) "academic staff"means such categories of staff as are designated as academic staff by theOrdinances;

(d) "Board ofStudies" means the Board of Studies of the University;

(e) "Chancellor",Vice–Chancellor" and "Pro–Vice–Chancellor"mean, respectively, the Chancellor, Vice–Chancellor and Pro–Vice–Chancellorof the University;

(f) "College" means aCollege maintained by the University;

(g) "Department"means a Department of Studies; and includes a Centre of Studies;

(h) "distance educationsystem" means the system of imparting education through any means ofcommunication, such as broadcasting, telecasting, correspondence courses,seminars, contact programmes or the combination of any two or more such means;

(i) "employee" meansany person appointed by the University; and includes teachers and other staffof the University;

(j) "FinanceCommittee" means the Finance Committee of the University;

(k) "Hall" means aunit of residence or of corporate life for the students of the University, orof a College or of an Institution, ,maintained by the University;

(l) "employee" meansany person appointed by the University; and includes teachers and other staffof the University;

(j) "FinanceCommittee" means the Finance Committee of the University;

(k) "Hall" means aunit of residence or of corporate life for the students of the University, orof a College or of an Institution, maintained by the University;

(l) "Institution"means an academic institution, not being a College, maintained by theUniversity;

(m) "Planning Board"means the Planning Board of the University;

(n) "Principal" meansthe Head of a College or an Institution maintained by the University, andincludes, where there is no Principal, the person for the time being dulyappointed to act as Principal, and, in the absence of the Principal or theacting Principal, a Vice–Principal duly appointed as such;

(o) "recognisedteachers" means an institution of higher learning recognised by theUniversity;

(p) "recognisedteachers" means such persons as may be recognised by the University forthe purpose of imparting instructions in a College or an Institution maintainedby the University;

(q) "Regulations"means the Regulations made by any authority of the University under this Actfor the time being in force;

(r) "School" means a School of Studies of the University;

(s) "Statutes" and"Ordinance" mean, respectively, the Statutes and Ordinances of theUniversity for the time being in force;

(t) "teachers of theUniversity" means Professors, Readers, Lecturers and such other persons asmay be appointed for imparting instruction or conducting research in theUniversity or in any College or Institution maintained by the University andare designated as teachers by the Ordinances;

(u) "University"means the BabasahebBhimrao AmbedkarUniversity establishedunder this Act.

3.The University: (1) There shall be establisheda University by the name of "BabasahebBhimrao AmbedkarUniversity".

(2) The headquarters of theUniversity shall be at Lucknowand it may also establish campuses at such other places within its jurisdictionas it may deem fit.

(3) The first Vice–Chancellorand the first members of the Board of Management, or the Academic Council orthe Planning Board and all persons who may hereafter become such officers ormembers, so long as they continue to hold such office or membership, are herebyconstituted a body corporate by the name of Babasaheb BhimraoAmbedkar University".

(4) The University shall haveperpetual succession and a common seal and shall sue and be sued by the said name.

4.Objects of the University: The objects of the Universityshall be to promote advanced knowledge by providing instructional and researchfacilities in such branches of learning as it may deem fit, to make provisionsfor integrated courses in Science and key and frontier areas of Technology andother allied disciplines in the educational programmes of the University; tooffer appropriate courses relevant for the development of socially andeconomically depressed sections of the people, including agriculturaltechnology and rural crafts; to promote the study of the principles for whichBabasaheb Bhimrao Ambedkar worked during his life time, namely, nationalintegration, social justice and democratic way of life, and also study of theConstitutions of the world to take appropriate measures for promotinginnovations in teaching–learning processes in inter–disciplinarystudies and research and pay special attention to the promotion of educationaland economic interests and welfare of the people in general and of membersbelonging to the Scheduled Castes and the Scheduled Tribes in particular byproviding adequate percentage of seats for the Scheduled Castes and theScheduled Tribes and the University shall, in organising its activities, havedue regard to the object specified in the First Schedule.

5.Powers of the University: The University shall have thefollowing powers, namely:–

(i) to provide for instructionin such branches of learning as the University may, from time to time,determine and to make provision for research and for the advancement anddissemination of knowledge;

(ii) to grant, subject to suchconditions as the University may determine, diplomas or certificates to, andconfer degrees or other academic distinctions on the basis of examinations,evaluation or any other method of testing on, persons, and to withdraw any suchdiplomas, certificates, degrees or other academic distinctions for good andsufficient cause;

(iii) to organise and toundertake extra–mural studies, training and extension services;

(iv) to confer honorary degreesor other distinctions in the manner prescribed by the Statutes;

(v) to provide facilitiesthrough the distance education system to such persons as it may determine;

(vi) to institutePrincipalships, Professorships, Readerships, Lecturerships and other teachingor academic positions, required by the University and to appoint persons to suchPrincipalships, Professorships, Readerships, Lecturerships or other teaching onacademic positions;

(vii) to recognise aninstitution of higher learning for such purposes as the University maydetermine and to withdraw such recognition;

(viii) to recognise persons forimparting instructions in any College or Institution maintained by theUniversity;

(ix) to appoint persons workingin any other University or organisation as teacher of the University for aspecified period;

(x) to create administrative,ministerial and other posts and to make appointments thereto;

(xi) to co–operate orcollaborate or associate with any other University or authority or institutionof higher learning in such manner and for such purposes as the University maydetermine;

(xii) to establish suchcampuses, special centres, specialised laboratories or other units for researchand instruction as are, in the opinion of their University, necessary for thefurtherance of its objects;

(xiii) to institute and awardfellowships, scholarships, studentships, medals and prizes;

(xiv) to establish and maintainColleges, Institutions and Halls;

(xv) to make provision forresearch and advisory services and for that purpose to enter into sucharrangements with other institutions, industrial or other organisations, as theUniversity may deem necessary;

(xvi) to organise and conductrefresher courses, orientation courses, workshops, seminars and otherprogrammes for teachers, evaluators and other academic staff;

(xvii) to make special arrangementsin respect of the residence discipline and teaching of women students as theUniversity may consider desirable;

(xviii) to appoint on contractor otherwise visiting Professors, Emeritus Professors, Consultants, Scholarsand such other persons who may contribute to the advancement of the objects ofthe University;

(xix) to confer autonomousstatus on a College or an Institution or a Department, as the case may be, inaccordance with the Statutes;

(xx) to determine standards ofadmission to the University which mayinclude examination, evaluation or any other method of testing;.

(xxi) to fix quota for studentsbelonging to the Scheduled Castes and the Scheduled Tribes for admissionpurposes;

(xxii) to demand and receivepayment of fees and other charges;

(xxiii) to supervise theresidences of the studentsUniversity and to makearrangements for promoting their health and general welfare;

(xxiv) to lay down conditionsof service of all categories of employees, including their code of conduct;

(xxv) to regulate and enforcediscipline among the students and the employees, and to take such disciplinarymeasures in this regard as may be deemedby the University to be necessary;

(xxvi) to make arrangements forpromoting the health and general welfare of the employees;

(xxvii) to receivebenefactions, donations and gifts and to acquire, hold, manage and dispose ofany property, movable or immovable including trust and endowment properties forthe purposes of the University;

(xxviii) to borrow, with theprior approval of the Central Government, on the security of the property ofthe University, money for the purposes of the University;

(xxix) to do all such otheracts and things as may be necessary, incidental or conductive to the attainmentof all or any of its objects.

6.Jurisdiction: The jurisdiction of theUniversity shall extend to the whole of the State of Uttar Pradesh.

7.University open to allclasses, castes and creed: The University shall be open to all persons of either sex and ofwhatever caste, creed, race, class, place of domicile and it shall not belawful for the University to adopt or impose on any person, any test whatsoeverof religious belief or profession in order to entitle him to be appointed as ateacher of the University or to hold any other office therein or be admitted asa student in the University or to graduate thereat or to enjoy or exercise anyprivilege thereof:

Provided that nothing in thissection shall be deemed to prevent the University from making special provisionsfor the employment or promotion of education interests of women, physicallyhandicapped or of persons belonging to the weaker sections of the society and,in particular, of the Scheduled Castes and the Scheduled Tribes.

8.Residence of students: Every student of theUniversity (other than a student who pursues a course of study by distanceeducation system) shall normally reside in a Hall or hostel or under suchconditions as may be prescribed by the Ordinances.

9.The Visitor: (1) The President of India shall bethe Visitor of the University.

(2) The Visitor may, from timeto time, appoint one or more persons to review the work and progress of theUniversity, including Colleges and Institutions managed by it, and to submit areport thereon; and upon receipt of that report, the Visitor may, afterobtaining the views of the Board of Management thereon through the Vice–Chancellor,take such action and issue such directions as he considers necessary in respectof any of the matters dealt with in the report and the University shall bebound to comply with such directions.

(3) The Visitor shall have theright to cause an inspection to be made by such person or persons as he maydirect of the University, its buildings, laboratories and equipment, and for anyCollege or Institution maintained buy the University and also of theexaminations, teaching and other work conducted or done by the University andto cause an inquiry to be made in like manner in respect of any matterconnected with the administration or finances of the University, Colleges orInstitutions.

(4) The Visitor shall, in everymatter referred to in sub–section (2), give notice of his intention tocause an inspection or inquiry to be made to the University and the Universityshall have the right to make such representations to the Visitor, as it mayconsider necessary.

(5) After considering therepresentations, if any, made by the University, the Visitor may cause to bemade such inspection or inquiry as is referred to in sub–section (3).

(6) Where any inspection orinquiry has been caused to be made by the Visitor, the University shall beentitled to appoint a representative, who shall have the right to be presentand be heard at such inspection or inquiry.

(7) The Visitor may, if the inspection orinquiry is made in respect of the University or any College or Institutionmaintained by it, address the Vice–Chancellor with reference to theresult of such inspection or inquiry together with such views and advice withregard to the action to be taken thereon, as the Visitor may be pleased tooffer, and on receipt of address made by the Visitor, the Vice–Chancellorshall communicate to the Board of Management the views of the Visitor with suchadviser as the Visitor may offer upon the action to be taken thereon.

(8) The Board of Managementshall communicate, through the Vice–Chancellor, to the Visitor suchaction, if any, as it proposes to take or has been taken upon the result ofsuch inspection or inquiry.

(9) Where, the Board ofManagement does not, within a reasonable time, take action to the satisfactionof the Visitor, the Visitor may, after considering any explanation furnished orrepresentation made by the Board of Management, issue such directions as he maythink fit and the Board of Management shall comply with such directions.

(10) Without prejudice to theforegoing provisions of this section, the Visitor may, by order in writing,annul any proceeding of the University which is not in conformity with the Act,the Statutes or the Ordinances:

Provided that before making anysuch order, he shall call upon the Registrar to show cause why such an ordershould not be made, and, if any cause is shown within a reasonable time, heshall consider the same.

(11) The Visitor shall havesuch other powers as may be prescribed by the Statutes.

10.Officers of the University: The following shall be theofficers of the University:–

(1) the Chancellor;

(2) the Vice–Chancellor;

(3) the Pro–Vice–Chancellors;

(4) the Deans of Schools;

(5) the Registrar;

(6) the Finance Officer; and

(7) such other officers as maybe declared by the Statutes to be officers of the University.

11.The Chancellor: (1) The Chancellor shall beappointed by the Visitor in such manner as may be prescribed by the Statute.

(2) The Chancellor shall, byvirtue of his office, be the head of the University.

(3) The Chancellor shall, ifpresent, preside at the convocation of the University held for conferringdegrees, and may be delegated such powers as may be necessary.

12.The Vice Chancellor: (1) The Vice–Chancellorshall be appointed by the Visitor in such manner as may be prescribed by theStatutes.

(2) The Vice–Chancellorshall be the principal executive and academic head of the University and shallexercise general supervision and control over the affairs of the University andgive effect to the decisions of all the authorities of the University.

(3) The Vice–Chancellormay, if he is of opinion that immediate action is necessary on any matter,exercise any power conferred on any authority of the University by or underthis Act and shall report to such authority the action taken by him on suchmatter:

Provided that if the authorityconcerned is of opinion that such action ought not to have been taken, it mayrefer the matter to the Visitor whose decision thereon shall be final:

Provided further that anyperson in the service of the University who is aggrieved by the action taken bythe Vice–Chancellor under this sub–section shall have the rightto appeal against such action to the Board of Management within three monthsfrom the date on which decision on such action is communicated to him andthereupon the Board of Management may confirm, modify or reverse the actiontaken by the Vice–Chancellor.

(4) The Vice–Chancellor,if he is of the opinion that any decision of any authority of the University isbeyond the powers of the authority conferred by the provisions of this Act, the Statutes or the Ordinances orthat any decision taken is not in the interest of the University, may ask theauthority concerned to review its decision within sixty days of such decisionand if the authority refuses to review the decision either in whole or in partor no decision is taken by it within the said period of sixty days, the mattershall be referred tot he Visitor whose decision thereon shall be final.

(5) The Vice–Chancellorshall exercise such other powers and perform such other duties as may beprescribed by the Statutes or the Ordinances.

13.The Pro-vice-Chancellors: One or more Pro–Vice–Chancellorsshall be appointed in such manner and shall exercise such powers and performsuch duties as may be prescribed by the Statutes.

14.Deans of Schools: Every Dean of a School shallbe appointed in such manner and shall exercise such powers and perform suchduties as may be prescribed by the Statutes.

15.The Registrar: (1) The Registrar shall beappointed in such manner as may be prescribed by the Statutes.

(2) The Registrar shall havethe power to enter into agreement, sign documents and authenticate records onbehalf of the University and shall exercise such powers and perform such dutiesas may be prescribed by the Statutes.

16.The Finance Officer: The Finance Officer shall beappointed in such manner and shall exercise such powers and perform such dutiesas may be prescribed by the Statutes.

17.Other officers: The manner of appointment andpowers and duties of the other officers of the University shall be prescribedby the Statutes.

18.Authorities of theUniversity: Thefollowing shall be the authorities of the University, namely:–

(1) the Board of Management;

(2) the Academic Council;

(3) the Planning Board;

(4) the Boards of Studies;

(5) the Finance Committee; and

(6) such other authorities asmay be declared by the Statutes to be the authorities of the University.

19.The Boards of Management: (1) The Board of Managementshall be the principal executive body of the University.

(2) The constitution of theBoard of Management, the term of office of its members and its powers andfunctions shall be prescribed by the Statutes:

Provided that the Board ofManagement shall also have representatives of the House of the People and theCouncil of States, the Government of India, the University Grants Commissionand the teaching community.

20.The Academic Council: (1) The Academic Council shallbe the principal academic body of the University and shall, subject to theprovisions of this Act, the Statutes and the Ordinances, co–ordinate andexercise general supervision over the academic policies of the University.

(2) The constitution of theAcademic Council, the term of office of its members and its powers andfunctions shall be prescribed by the Statutes:

Provided that representationshall be given to students also.

21.The Planning Board: (1) The Planning Board shallbe the principal planning body of the University.

(2) The constitution of thePlanning Board, term, of office of its members and its powers and functionsshall be prescribed by the Statutes:

Provided that representationshall be given to non–teaching staff.

22.The Boards of Schools: The constitution, powers andfunctions of the Boards of Schools shall be prescribed by the Statutes.

23.The Finance Committee: The constitution, powers andfunctions of the Finance Committee shall be prescribed by the Statutes.

24.Other authorities of theUniversity: Theconstitution, powers and functions of other authorities, as may be declared bythe Statutes to be the authorities of the University, shall be prescribed bythe Statutes.

25.Power to make Statutes: Subject to the provisions ofthis Act, the Statutes may provide for all or any of the following matters,namely:–

(a) the constitution, powersand functions of the authorities and other bodies of the University, as may beconstituted from time to time;

(b) the election andcontinuance in office of the members of the said authorities and bodies, thefilling up of vacancies of members, and all other matters relating to thoseauthorities and other bodies for which it may be necessary or desirable toprovide;

(d) the appointment ofteachers, academic staff and other employees of the University, theiremoluments and other conditions of service;

(e) the appointment ofteachers, academic staff working in any other University or organisation for aspecific period for undertaking a joint project;

(f) the conditions of serviceof employees including provision for pension, insurance and provident fund, themanner of termination of service and disciplinary action;

(g) the principles governingthe seniority of service of the employees or students and the University;

(h) the procedure forarbitration in cases of dispute between employees or students and theUniversity;

(i) the procedure for appeal tothe Board of Management by any employee or student against the action of anyofficer or authority of the University;

(j) the conferment ofautonomous status on a College or an Institution or a Department;

(k) the establishment andabolition of Schools, Departments, Centres, Halls, Colleges and Institutions;

(l) the conferment of honorarydegrees;

(m) the withdrawal of degrees,diplomas, certificates and other academic distinctions;

(n) the institution of fellowships,scholarships, studentships medal and prizes;

(o) the delegation of powersvested in the authorities or officers of the University;

(p) the maintenance of thediscipline among the employees and students;

(q) all other matters which bythis Act are to be or may be provided for by the Statutes.

26.Statutes how to be made: (1) The first Statutes arethose set out in the Second Schedule.

(2) The Board of Managementmay, from time to time, make new or additional Statutes or may amend or repealthe Statutes referred to in sub–section (1):

Provided that the Board ofManagement shall not make, amend or repeal any Statutes affecting the status,powers or constitution of any authority of the University until such authorityhas been given an opportunity of expressing an opinion in writing on theproposed changes, and any opinion so expressed shall be considered by the Boardof Management.

(3) Every new Statutes oraddition to the Statutes or any amendment or repeal of a Statute shall requirethe assent of the Visitor who may assent thereto or withhold assent or remit tothe Board of Management for reconsideration.

(4) A new Statute or a Statuteamending or repealing an existing Statute shall have no validity unless it hasbeen assented to by the Visitor.

(5) Notwithstanding anythingcontained in the foregoing sub–sections, the Visitor, in exceptionalcircumstances, may direct the University to make provisions in the Statutes inrespect of any matter specified by him and if the Board of Management is unableto implement such direction within sixty days of its receipt, the Visitor may,after considering the reasons, if any, communicated by the Board of Managementfor its inability to comply with such direction, make or amend the Statutessuitably.

27.Power to make Ordinances: (1) Subject to the provisionsof this Act and the Statutes, the Ordinances may provide for all or any of thefollowing matters namely:–

(a) the admission of studentsto the University and their enrolment as such;

(b) the courses of study to belaid down for all degrees diplomas and certificates of the University;

(d) the award of degrees,diplomas, certificates and other academic distinctions, the qualifications forthe same and the means to be taken relating to the granting and obtaining ofthe same;

(e) the fees to be charged forcourses of study in the University and for admission to the examinations,degrees and diplomas of the University;

(f) the conditions for award offellowships, scholarships, studentships, medals and prizes;

(g) the conduct ofexaminations, including the term of office and manner of appointment and theduties of examining bodies, examiners and moderators;

(h) the conditions of residenceof the students of the University;

(i) the special arrangements,if any, which may be made for the residence, discipline and teaching of womenstudents and the prescribing of special course of studies for them;

(j) the appointments andemoluments of employees other than those for whom provision has been made inthe Statutes;

(k) the establishment ofCentres of Studies, Boards of Studies, Special Centres, SpecialisedLaboratories and other Committees;

(l) the manner of co–operationand collaboration with other Universities and authorities including learnedbodies or associations;

(m) the creation, compositionand functions of any other body which is considered necessary for improving theacademic life of the University;

(n) such other terms andconditions of service of teachers and other academic staff as are notprescribed by the Statutes;

(o) the management of Collegesand Institutions established by the University;

(p) the setting up of amachinery for redressal of grievances of employees; and

(q) all other matters which bythis Act or the Statutes may be provided for by the Ordinances.

(2) The first Ordinances shallbe made by the Vice–Chancellor with the previous approval of the CentralGovernment and the Ordinances so made may be amended, repealed or added to at anytime by the Board of Management in the manner prescribed by the Statues.

28.Regulations: The authorities of theUniversity may make Regulations, consistent with this Act, the Statutes and theOrdinances 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 theOrdinances, in the manner prescribed by the Statutes.

29.Annual report: (1) The annual report of theUniversity shall be prepared under the direction of the Board of Management,which shall include, among other matters, the steps taken by the Universitytowards the fulfilment of its objects.

(2) The annual report soprepared shall be submitted to the Visitor on or before such date as may beprescribed by the Statutes.

(3) A copy of the annual reportas prepared under sub–section (1), shall also be submitted to theCentral Government, which shall, as soonas may be, cause the same to be laidbefore both Houses of Parliament.

30.Annual accounts: (1) The annual accounts andbalance–sheet of the University shall be prepared under the directionsof the Board of Management and shall, once at least every year and at intervalsof not more than fifteen months, be audited by the Comptroller and Auditor–Generalof India or by such persons as he may authorise in this behalf.

(2) A copy of the annualaccounts together with the audit report thereon shall be submitted to theVisitor.

(3) Any observations made bythe Visitor on the annual accounts shall be brought to the notice of the Boardof Management, and the observations of the Board of Management, if any, shallbe submitted to the Visitor.

(4) A copy of the annualaccounts together with the audit report as submitted to the Visitor, shall alsobe submitted to the Central Government, which shall, as soon as may be, causethe same to be laid before both Houses of Parliament.

(5) The audited annual accountsafter having been laid before both Houses of Parliament shall be published inthe Gazette of India.

31.Conditions of service ofemployees: (1) Every employee of theUniversity shall be appointed under a written contract, which shall be lodgedwith the University and a copy of which shall be furnished to the employeeconcerned.

(2) Any dispute arising out ofthe contract between the University and any employee shall, at the request ofthe employee, be referred to a Tribunal of Arbitration consisting of one memberappointed by the Board of Management, one member nominated by the employeeconcerned and an umpire appointed by the Visitor.

(3) The decision of theTribunal in such matters shall be final.

(4) Every request made by theemployee under sub–section (2), shall be deemed to be a submission toarbitration upon the terms of this section within the meaning of the ArbitrationAct, 1940 (2 of 1940).

(5) The procedure forregulating the work of the Tribunal shall be prescribed by the Statutes.

32.Procedure of appeal andarbitration in disciplinary cases against students: (1) Any student or candidate for an examinationwhose name has been removed from the rolls of the University by the orders orresolution of the Vice–Chancellor, Discipline Committee or ExaminationCommittee, as the case may be, and who has been debarred from appearing at theexaminations of the University for more than one year, may, within ten days ofthe date of receipt of such orders or copy of such resolution by him, appeal tothe Board of Management and the Board of Management may confirm, modify orreverse the decision of the Vice–Chancellor or the Committee, as thecase may be.

(2) Any dispute arising out ofany disciplinary action taken by the University against a student shall, at therequest of such student, be referred to a Tribunal of Arbitration and theprovisions of sub–sections (2), (3), (4), and (5) of section 31 shall,as far as may be, apply to a reference made under this sub–section.

33.Right to appeal: Every employee or student ofthe University or of a College or Institution maintained by the Universityshall, notwithstanding anything contained in this Act, have a right to appealwithin such time as may be prescribed by the Statutes, to the Board ofManagement against the decision of any officer or authority of the Universityor of the Principal of any College or Institution, as the case may be, andthereupon the Board of Management may, confirm, modify or reverse the decisionappealed against.

34.Provident and pension funds:(1) The University shallconstitute for the benefit of its employees such provident or pension fund orprovide such insurance schemes as it may deem fit in such manner and subject tosuch conditions as may be prescribed by the Statutes,.

(2) Where such provident fundor pension fund has been so constituted, the Central Government may declarethat the provision of the Provident Funds Act, 1925 (19 of 1925.), shallapply to such fund, as if it were a Government provident fund.

35.Disputes as to constitutionof University authorities and bodies: If any question arises as to whether any person hasbeen duly elected or appointed as, or is entitled to be, a member of anyauthority or other body of the University, the matter shall be referred to theVisitor whose decision thereon shall be final.

36.Constitution of Committees: Where any authority of theUniversity is given power by this Act, or the Statutes to appoint Committees,such Committees shall, save as otherwise provided, consist of the members ofthe authority concerned and of such other person, if any, as the authority ineach case may think fit.,

37.Filling of casual vacancies: All casual vacancies among the members (otherthan ex officio members) of any authority or other body of the University shallbe filled, as soon as may be, by the person or body who appointed, elected orco–opted the member whose place has become vacant and the personappointed, elected or co–opted to a casual vacancy shall be a member ofsuch authority or body for the residue of the term for which the person whoseplace he fills would have been a member.

38.Proceedings of University authoritiesor bodies not invalidated by vacancies: No act or proceedings of any authority or otherbody of the University shall be invalid merely by reason of the existence of avacancy or vacancies among its members.

39.Protection of action takenin good faith: No suitor other legal proceedings shall lie against any officer or other employee ofthe University for anything which is in good faith done or intended to be donein pursuance of any of the provisions of this Act, the Statutes or theOrdinances.

40.Mode of proof of Universityrecord: A copy of any receiptapplication, notice, order, proceeding, resolution of any authority orCommittee of the University, or other documents in possession of theUniversity, or any entry in any register duly maintained by the University, ifcertified by the Registrar, shall be received as prima facie evidence of suchreceipt, application, notice, order, proceeding, resolution or documents or theexistence of entry copy of any receipt application, notice, order, proceeding,resolution of any authority or Committee of the University, or other documentsin possession of the University, or any entry in any register duly maintainedby the University, if certified by the Registrar, shall be received as primafacie evidence of such receipt, application, notice, order, proceeding,resolution or documents or the existence of entry in the register andshall be admitted as evidence of thematters and transactions therein where the original thereof would, if produced,have been admissible in evidence, notwithstanding anything contained in theIndian Evidence Act, 1872 (1 of 1872) or in any other law for the time being inforce.

41.Power to removedifficulties: (1) Ifany difficulty arises in giving effect to the provisions of this Act, theCentral Government may, by order published in the Official Gazette, make suchprovisions, not inconsistent with the provisions of this Act, as appear to itto be necessary of expedient for removing the difficulty:

Provided that no such order shallbe made under this section after the expiry of three years from thecommencement of this Act.

(2) Every order made under thissection shall be laid, as soon as may be after it is made, before each House ofParliament.

42.Transitional provisions: Notwithstanding anythingcontained in this Act and the Statutes,–

(a) the first Vice–Chancellorshall be appointed by the Visitor and the said officer shall hold office for aterm of five years;

(b) the first Registrar and thefirst Finance Officer shall be appointed by the Visitor and each of the saidofficers shall hold office for a term of three years;

(c) the first Board ofManagement shall consist of not more than eleven members who shall be nominatedby the Visitor and they shall hold office for a term of three years;

(d) the first Academic Counciland the first Planning Board shall be nominated by the Visitor for a term ofthree years:

Provided that if any vacancyoccurs in the above officers or authorities, the same shall be filled byappointment or nomination, as the case may be, by the Visitor, and the personsso appointed or nominated shall hold office for so long as the officer ormember in whose place he is appointed or nominated would have held that office,if such vacancy had not occurred.

43.Statutes, Ordinances andRegulations to be published in the Official Gazette and to be laid beforeParliament: (1)Every Statute, Ordinance or Regulation made under this Act shall be publishedin the Official Gazette.

(2) Every Statute, Ordinance orRegulation made under this Act shall be laid, as soon as may be after it ismade, before each House of Parliament, while it is in session, for a totalperiod of thirty days which may be comprised in one session or in two or moresuccessive sessions, and if, before the expiry of the session immediatelyfollowing the session or the successive sessions aforesaid, both Houses agreein making any modification in the Statute, Ordinance or Regulation or bothHouses agree that the Statute, Ordinance or Regulation should not be made, theStatute, Ordinance or Regulation shall thereafter have effect only in suchmodified form or be of no effect, as the case may be; so, however, that anysuch modification or annulment shall be without prejudice to the validity ofanything previously done under that Statute, Ordinance or Regulation.

(3) The power to make Statutes,Ordinances or Regulations shall include the power to give retrospective effectfrom a date not earlier than the date of commencement of this Ac, to theStatutes, Ordinances or Regulations or any of them but no retrospective effectshall be given to any Statute, Ordinance or Regulation so as to prejudiciallyeffect the interests of any person to whom such Statute, Ordinance orRegulation may be applicable.

THE FIRST SCHEDULE

(Seesection 4)

THE OBJECTS OF THE UNIVERSITY

The University shall endeavourto promote advanced knowledge by providing instructional and researchfacilities in Science and key and frontier areas of Technology and other allieddisciplines and to offer appropriate courses relevant for the development ofsocially and economically depressed sections of the people, includingagricultural technology and rural crafts; to promote the study of theprinciples for which Babasaheb Bhimrao Ambedkar worked during his lifetime,namely, national integration, social justice and democratic way of life, andalso study of the constitutions of the world. It would take appropriatemeasures for promoting innovations in reaching–learning processes ininter–disciplinary studies and research and pay special attention to thepromotion of educational and economic interests and welfare of the people ingeneral and of members belonging to Schedule Castes and Schedule Tribes inparticular by providing adequate percentage of seats for Scheduled Castes andScheduled Tribes. The University shall, in organising its activities,have due regard tot he objects specified in the First Schedule.

THE SECOND SCHEDULE

(Seesection 27)

THE STATUTES OF THE UNIVERSITY

The Chancellor

1.(1) The Chancellorshall be appointed by the Visitor of the Babasaheb Bhimrao Ambedkar Universityrecommended by the Board of Management from amongst persons of eminence in theacademic or public life of the country:

Provided that if the Visitordoes not approve of any of the persons so recommended, he may call for freshrecommendations from the Board of Management.

(2) The Chancellor shall holdoffice for a term of five years and shall be eligible for re–appointment.

The Vice-Chancellor

2.(1) The Vice–Chancellorshall be appointed by the Visitor from a panel of not less than three personswho shall be recommended by a Committee as constituted unless clause (2):

Provided that if the Visitordoes not approve of any of the persons included in the panel, he may call for afresh panel.

(2) The Committee referred toin clause (1), shall consist of three persons, none of whom shall be anemployee of the University or a member of the Board of Management, AcademicCouncil, member of any authority of the University or connected with aninstitution associated with the University and out of the three persons, twoshall be nominated by the Board of Management and one by the Visitor and thenominee of the Visitor shall be the convenor of the Committee.

(3) The Vice–Chancellorshall be a whole–time salaried officer of the University.

(4) The Vice–Chancellorshall hold office for a term of five years from the date on which he entersupon his office, or until he attains the age of sixty–five years,whichever is earlier, and he shall not be eligible for reappointment:

Provided that notwithstandingthe expiry of the said period of five years, he shall continue in office untilhis successor is appointed and enters upon his office;

Provided further that theVisitor may direct any Vice–Chancellor after his term has expired, tocontinue in office for such period, not exceeding a total period of one year,as may be specified by him.

(5) The emoluments and otherconditions of service of the Vice–Chancellor shall be as follows: –

(i) The Vice–Chancellorshall be paid a monthly salary and allowances other than the house rentallowance, at the rates fixed by the Central Government from time to time andhe shall be entitled, without payment of rent, to use a furnished residence throughouthis term of office and no charge shall fall on the Vice–Chancellor inrespect of the maintenance of such residence.

(ii) The Vice–Chancellorshall be entitled to such terminal benefits and allowances as may be fixed bythe Board of Management with the approval of the Visitor from time to time:

Provided that where an employeeof the University or a College or an Institution maintained by it, or of anyother University or any Institution maintained by or affiliated to such otherUniversity, is appointed as a Vice–Chancellor, he may be allowed tocontinue to contribute to any provident fund of which he is a member and theUniversity shall contribute to the account of such person in that providentfund at the same rate at which the person had been contributing immediatelybefore his appointment as the Vice–Chancellor:

Provided further that wheresuch employee had been a member of any person scheme, the University shall makethe necessary contribution to such scheme.

(iii) The Vice–Chancellorshall be entitled to travelling allowance at such rates as may be fixed by theBoard of Management.

(iv) The Vice–Chancellorshall be entitled to leave on full pay at the rate of thirty days in a calendaryear the leave shall be credited to his account in advance in two half–yearlyinstalments of fifteen days each on the 1st day of July every year:

Provided that if the Vice–Chancellorassumes or relinquishes charge of the office of the Vice–Chancellorduring the currency of a half year, the leave shall be credited proportionatelyat the rate of two and–a–half days for each completed month ofservice.

(v) In addition to the leavereferred to in sub–clause (iv), the Vice–Chancellor shall also beentitled to half pay leave at the rate of twenty days for each completed yearof service. This half pay leave may also be availed of as commuted leaveon full pay on medical certificate. When commuted leave is availed,twice the amount of half pay leave shall be debited against half pay leave due.

(6) If the office of the Vice–Chancellorbecomes vacant due to death, resignation or otherwise or if he is unable toperform his duties due to ill health or any other cause, one of the Pro–

Vice–Chancellors shallperform the duties of the Vice–Chancellor.

Provided that if no Pro–Vice–Chancelloris available, the senior–most Professor shall perform the duties of theVice–Chancellor until a new Vice–Chancellor assumes office oruntil the existing Vice–Chancellor attends to the duties of his office,as the case may be.

Powers and duties of the Vice-Chancellor

3.(1) The Vice–Chancellorshall be ex officio Chairman of the Board of Management, the Academic Council,the Planning Board and the Finance Committee and shall, in the absence of theChancellor, preside at the convocations held for conferring degrees.

(2) The Vice–Chancellorshall be entitled to be present at, and address, any meeting of any authorityor other body of the University, but shall not be entitled to vote thereatunless he is a member of such authority or body.

(3) It shall be the duty of theVice–Chancellor to see that this Act, the Statutes, the Ordinances andthe Regulations are duly observed, and he shall have all the powers necessaryto ensure such observance.

(4) The Vice–Chancellorshall exercise control over the affairs of the University and shall give effectto the decisions of all the authorities of the University.

(5) The Vice–Chancellorshall have all the powers necessary for the proper maintenance of discipline inthe University and he may delegate any such powers to such person or persons ashe may deem fit.

(6) The Vice–Chancellorshall have the power to convene or cause to be convened the meeting of theBoard of Management, the Academic Council, the Planning Board the FinanceCommittee.

Pro-Vice-Chancellor

4.(1) Every Pro–vice–Chancellorshall be appointed by the Board of Management on the recommendation of the Vice–Chancellor:

Provided that where therecommendation of the Vice–Chancellor is not accepted by the Board ofManagement, the matter shall be referred to the Visitor who may either appointthe person recommended by the Vice–Chancellor or ask the Vice–Chancellorto recommend another person to the Board of Management:

Provided further that the Boardof Management may, on the recommendation of the Vice–Chancellor, appointa Professor to discharge the duties of a Pro–Vice–Chancellor inaddition to his own duties as a Professor.

(2) The term of office of a Pro–Vice–Chancellorshall be such as may be decided by the Board of Management but it shall not inany case exceed five years or until the expiration of the term of office of theVice–Chancellor, whichever is earlier:

Provided that Pro–Vice–Chancellorwhose term of office has expired shall be eligible for reappointment:

Provided further that, in anycase, a Pro–Vice–Chancellor shall retire on attaining the age ofsixty–five years:

Provided also that the Pro–Vice–Chancellorshall, while discharging the duties of the Vice–Chancellor under clause(6) of Statute 2, continue in office notwithstanding the expiration of his termof office as pro–Vice–Chancellor, until a new Vice–Chancelloror the existing Vice–Chancellor, as the case may be, assumes office:

Provided also that when theoffice of the Vice–Chancellor becomes vacant and there is no Pro–Vice–Chancellor to perform the functions of the Vice–Chancellor,the Board of Management may appoint a Pro–Vice–Chancellor and thePro–Vice–Chancellor so appointed shall cease to hold office such as soon as a Vice–Chancellor isappointed and esters upon his office.

(3) The emoluments and otherterms and conditions of service of a Pro–Vice–Chancellor shall besuch as may be prescribed by the Ordinances.

(4) A Pro–Vice–Chancellorshall assist the Vice–Chancellor in respect of such matters as may bespecified by the Vice–Chancellor in this behalf; from time to time, andshall also exercise such powers and perform such duties as may be assigned ordelegated to him by the Vice–Chancellor.

Registrar.

5.(1) The Registrarshall be appointed by the Board of Management on the recommendation of aSelection Committee constituted for the purpose and shall be a whole–timesalaried officer of the University.

(2) He shall be appointed for aterm of five years and shall be eligible for reappointment.

(3) The emoluments and otherterms and conditions of service of the Registrar shall be such as may beprescribed by the Ordinances:

Provided that the Registrarshall retire on attaining the age of sixty years:

Provided further that aRegistrar shall, notwithstanding his attaining the age of sixty years, continuein office until his successor is appointed and enters upon his office or untilthe expiry of a period of one year, whichever is earlier.

(4) When the office of theRegistrar is vacant or when the Registrar is, by reason of illness, absence orany other cause unable to perform the duties of his office, the duties of theoffice shall be performed by such person as the Vice–Chancellor mayappoint for the purpose.

(5) (a) The Registrar shall have power totake disciplinary action against such of the employees, excluding teachers andacademic staff, as may be specified in the order of the Board of Management andto suspend them pending inquiry, to administer warnings to them or to impose onthem the penalty of censure or the withholding of increment:

Provided that no such penaltyshall be imposed unless the person concerned has been given a reasonableopportunity of showing cause against the action proposed to be taken in regardto him.

(b) An appeal shall lie to theVice–Chancellor against any order of the Registrar imposing any of thepenalties specified in sub–clause (a).

(c) In a case where the inquirydiscloses that a punishment beyond the power of the Registrar is called for,the Registrar shall, upon conclusion of the inquiry, make a report to the Vice–Chancelloralong with his recommendations:

Provided that an appeal shalllie to the Board of Management against an order of the Vice–Chancellor imposing anypenalty.

(6) The Registrar shall be ex officio Secretary of the Board ofManagement, the Academic Council and the Planning Board, but shall not bedeemed to be a member of any of these authorities.

(7) It shall be the duty of theRegistrar–

(a) to be the custodian of therecords, the common seal and such other property of the University as the Boardof Management shall commit to his charges;

(b) to issue all noticesconvening meetings of the Board of Management, the Academic Council, thePlanning Board and of any, Committees appointed by those authorities;

(c) to keep the minutes of allthe meetings of the Board of Management, the Academic Council, the PlanningBoard and of any Committees appointed by those authorities;

(d) to conduct the officialcorrespondence of the Board of Management, the Academic Council and thePlanning Board;

(e) to arrange for andsuperintend the examinations of the University in accordance with the mannerprescribed by the Ordinances;

(f) to supply to the Visitorcopies of the agenda of the meetings of the authorities of the University assoon as they are issued and the minutes of such meetings;

(g) to represent the Universityin suits or proceedings by or against the University, sign powers–of–attorneyand verify pleadings or depute his representative for the purpose; and

(h) to perform such otherduties as may be specified in the Statutes, the Ordinances or the Regulationsor as may be required, from time to time, by the Board of Management or theVice–Chancellor.

The Finance Officer

6.(1) The FinanceOfficer shall be appointed by the Board of Management on the recommendations ofa Selection Committee constituted for the purpose and he shall be a whole–timesalaried officer of the University.

(2) He shall be appointed for aterm of five years and shall be eligible for reappointment.

(3) The emoluments and otherterms and conditions of service of the Finance Officer shall be such as may beprescribed by the Ordinances:

Provided that a Finance Officershall retire on attaining the age of sixty years:

Provided further that theFinance Officer shall, notwithstanding his attaining the age of sixty years,continue in office until his successor is appointed and enters upon his officeor until the expiry of a period of one year, whichever is earlier.

(4) When the office of the FinanceOfficer is vacant or when the Finance Officer, is by reason of illness, absenceor any other cause, unable to perform the duties of his office, the duties ofthe office shall be performed by such person as the Vice–Chancellor mayappoint for the purpose.

(5) The Finance Officer shallbe ex officio Secretary of the Finance Committee, but shall not be deemed to bea member of such Committee.

(6) The Finance Officer shall–

(a) exercise generalsupervision over the funds of the University and shall advise it as regards itsfinancial policy; and

(b) perform such otherfinancial functions as may be assigned to him by the Board of Management or asmay be prescribed by the Statutes or the Ordinances.

(7) Subject to the control ofthe Board of Management, the Finance Officer shall–

(a) hold and manage theproperty and investment the University including trust and endowed property;

(b) ensure that the limitsfixed by the Board of Management for recurring and non–recurringexpenditure for a year are not exceeded and that all moneys are expended on thepurpose for which they are granted or allotted;

(c) be responsible for thepreparation of annual accounts and the budget of the University and for theirpresentation to the Board of Management;

(d) keep a constant watch onthe state of the cash and bank balances and on the state of investments;

(e) watch the progress of thecollection of revenue and advise on the methods of collection employed;

(f) ensure that the registersof buildings, land, furniture and equipment are maintained up–to–dateand that stock–checking is conducted, of equipment and other consumablematerials in all offices, Special Centres, Specialised Laboratories, Collegesand Institutions maintained by the University;

(g) bring to the notice of theVice–Chancellor unauthorised expenditure and other financialirregularities and suggest disciplinary action against persons at fault; and

(h) call for from any office,Centre, Laboratory, College or Institution maintained by the University any informationor returns that he may consider necessary for the performance of his duties.

(8) Any receipt given by theFinance Officer or the person or persons duly authorised in this behalf by the Board of Management forany money payable to the University shall be sufficient discharge for paymentof such money.

Deans of Schools of Studies

7.(1) Every Dean of aSchool of Studies shall be appointed by the Vice–Chancellor from amongthe Professors in the School for a period of three years and he shall be eligiblefor reappointment:

Provided that a Dean onattaining the age of sixty years shall cease to hold office as such:

Provided further that if at anytime there is no Professor in a School, the Vice–Chancellor, or a Deanauthorised by the Vice–Chancellor in this behalf, shall exercise thepowers of the Dean of the School.

(2) When the office of the Deanis vacant or when the Dean is, by reasonof illness, absence or any other cause, unable to perform duties of his office,the duties of the office shall be performed by such person as the Vice–Chancellormay appoint for the purpose.

(3) The Dean shall be the Headof the School and shall be responsible for the conduct and maintenance of thestandards of teaching and research in the School and shall have such otherfunctions as may be prescribed by the Ordinances.

(4) The Dean shall have theright to be present and to speak at any meeting of the Board of Studies orCommittees of the School, as the case may be, but shall not have the right tovote thereat unless he is a member thereof.

Heads of Departments

8.(1) In the case ofDepartment which have more than one Professor, the Head of the Department shallbe appointed by the Board of Management on the recommendation of the Vice–Chancellorfrom among the Professors.

(2) In the case of Departmentswhere there is only one Professor, the Board of Management shall have theoption to appoint, on the recommendation of the Vice–Chancellor, eitherthe Professor or a Reader as the Head of the Department:

Provided that it shall be opento a Professor or Reader to decline the offer of appointment as the Head of theDepartment.

(3) A person appointed as theHead of the Department shall hold office as such for a period of three yearsand shall be eligible for reappointment.

(4) A Head of a Department mayresign his office at any time during his tenure of office.

(5) A Head of Department shallperform such duties as may be prescribed by the Ordinances.

Proctors

9.(1) Every Proctorshall be appointed by the Board of Management on the recommendation of the Vice–Chancellorand shall exercise such powers and perform such duties as may be assigned tohim by the Vice–Chancellor.

(2) Every Proctor shall holdoffice for a term of two years and shall be eligible for reappointment.

Librarian

10.(1) The Librarianshall be appoint by the Board of Management on the recommendations of theSelection Committee constituted for the purpose and he shall be, a whole–timeofficer of the University.

(2) The Librarian shallexercise such powers and perform such duties as may be assigned to him by theBoard of Management.

Quorum for meetings of the Board of Management

11.(1) The Board ofManagement shall consist of the following members, namely:–

(i) Vice–Chancellor;

(ii) Pro–Vice–Chancellors;

(iii) Dean of Schools ofstudies to be appointed by the Vice–Chancellor by rotation according toseniority;

(iv) one Head of the Departmentof the University, who is not a Dean, to be nominated by the Vice–Chancellorby rotation according to seniority;

(v) one Professor, who is not aDean or Head, to be appointed by the Vice–Chancellor by rotationaccording to seniority;

(vi) one Reader, who is not aHead, to be appointed by the Vice–Chancellor by rotation according toseniority;

(vii) one Lecturer to beappointed by the Vice–Chancellor by rotation according to seniority;

(viii) three representatives ofthe House of the People and the Council of States, two to be nominated by theSpeaker of the House of the People and one by the Chairman of the Council ofStates from amongst the Members thereof;

(ix) a representative of theMinistry of Human Resource Development (Department of Education) Government ofIndia, to be nominated by the Visitor;

(x) a representative of theUniversity Grants Commission to be nominated by the Visitor;

(xi) four persons ofdistinction in academic and/or public life to be nominated by the Visitor.

(2) All members of the Board ofManagement other than ex officio members, shall hold office for a period ofthree years from the date of their nomination.

(3) Seven members of the Boardof Management shall form quorum for the meeting of the Board.

Powers and functions of the Board of Management

12.(1) The Board ofManagement shall have the power of management and administration of the revenueand property of the University and the conduct of all administrative affairs ofthe University not otherwise provided for.

(2) Subject to the provisionsof this Act, the Statutes and the ordinances, the Board of Management shall, inaddition to all other powers vested in it, have the following powers, namely:–

(i) to create teaching andacademic posts, to determine the number and emoluments of such posts and todefine the duties and conditions of service of Professors, Readers, Lecturersand other academic staff and Principals of Colleges and Institutions maintainedby the University:

Provided that no action shallbe taken by the Board of Management in respect of the number, qualificationsand the emoluments of teachers and academic staff otherwise than afterconsideration of the recommendations of the Academic Council;

(ii) to appoint suchProfessors, Readers, Lecturers and other academic staff, as may be necessary,and Principals of Colleges and Institutions maintained by the University on therecommendation of the Selection Committee constituted for the purpose and tofill up temporary vacancies thereto;

(iii) to create administrative,ministerial and other necessary posts and to make appointments thereto in themanner prescribed by the Ordinances;

(iv) to grant leave of absenceto any officer of the University other than the Chancellor and the Vice–Chancellor,and to make necessary arrangements for the discharge of the functions of suchofficer during his absence;

(v) to regulate and enforcediscipline among employees in accordance with the Statutes and the Ordinances;

(vi) to manage and regulate thefinances, accounts, investments, property, business and all otheradministrative affairs of the University, and for that purpose to appoint suchagents as it may think fit;

(vii) to fix limits on thetotal recurring and the total non–recurring expenditure for a year onthe recommendations of the Finance Committee;

(viii) to invest any moneybelonging to the University, including any unapplied income, in such stocks,funds, share or securities, from time to time, as it may think fit or in thepurchase of immovable property in India, with the like powers of varying suchinvestment from time to time;

(ix) to transfer or accepttransfers of any movable or immovable property on behalf of the University;

(x) to provide buildings,premises, furniture and apparatus and other means needed for carrying on thework of the University;

(xi) to enter into, vary, carryout and cancel contracts on behalf of the University;

(xii) to entertain, adjudicateupon, and, if though fit, to redress any grievances of the employees andstudents of the University who may, for any reason, feel aggrieved;

(xiii) to appoint examiners andmoderators and, if necessary, to remove them, and to fix their fees, emolumentsand travelling and other allowances, after consulting the Academic Council;

(xiv) to select a common sealfor the University and provide for the custody and use of such seal;

(xv) to make such specialarrangements as may be necessary for the residence and discipline of womenstudents;

(xvi) to delegate any of itspowers to the Vice–Chancellor, the Pro–Vice–Chancellor,the Deans, the Registrar or the Finance Officer of such other employee or authorityof the University or to a committee appointed by it as it may deem fit;

(xvii) to institutefellowships, scholarships, studentships, medals and prizes;

(xviii) to provide for theappointment of Visiting Professors, Emeritus Professors; Consultants andScholars and determine the terms and conditions of such appointments; and

(xix) to exercise such otherpowers and perform such other duties as may be conferred or imposed on it bythe Act, or the Statutes.

Academic Council.

13.(1) The AcademicCouncil shall consist of the following members, namely:–

(i) Vice–Chancellor;

(ii) Pro–Vice–Chancellor;

(iii) Dean of Schools ofstudies;

(iv) Heads of the teachingdepartments;

(v) All Professors;

(vi) four Readers to beappointed b(iii) Dean of Schools of studies;

(vii) four Lecturers to beappointed by the Vice–Chancellor by rotation according to seniority;

(viii) Librarian;

(ix) four persons not in theservice of the University to be nominated by the Vice–Chancellor on therecommendations of the Academic Council for their special knowledge;

(x) two representatives ofstudents, to be nominated by the Vice–Chancellor on academic merit, onefrom amongst the research scholars and the other from the post–graduatestudents from the various schools of studies/Departments of the University, onrotation basis.

(2) All members of the AcademicCouncil other than the ex officio and the student members, shall hold officefor a term of three years from the date of their nomination/appointment:

Provided that the tenure ofstudent members shall be one academic year.

(3) Half of the total membersof the Academic Council shall form quorum for a meeting of the Academic Council.

(4) The student members shallnot be allowed to participate in discussions in respect of matters relating toexaminations, selection committees; appointments and conditions of service ofthe teaching staff and actual process of evaluating academic performance andmerit of students.

Quorum for meetings of the Academic Council

14.Nine Members of theAcademic Council shall form a quorum for a meeting of the Academic Council.

Powers of the Academic Council

15.Subject to the Act,the Statutes and the Ordinances, the Academic Council shall, in addition to allother powers vested in it, have the following powers, namely:–

(a) to exercise generalsupervision over the academic policies of the University and to give directionsregarding methods of instructions, co–operative teaching among Collegesand Institutions, evaluation of research or improvements in academic standards;

(b) to bring about inter–Schoolco–ordination, to establish or appoint committees or boards, for takingup projects on an inter–School basis;

(c) to consider matters ofgeneral academic interest either on its own initiative or on a reference by aSchool or the Board of Management and to take appropriate action thereon; and

(d) to frame such regulationsand rules consistent with the Statutes and the Ordinances regarding theacademic functioning of the University, discipline, residences, admissions,award of fellowships and studentships, fees, concessions, corporate life andattendance.

The Planning Board

16.(1) The PlanningBoard shall be the principal planning body of the University and shall beresponsible for–

(a) reviewing the educationalprogrammes offered by the University;

(b) organising the structure ofeducation in the University so as to provide opportunities to students to offerdifferent combinations of subjects appropriate for the development ofpersonality and skills for useful work in society;

(d) developing new teaching–learningprocesses which will combine the lectures, tutorials, seminars, demonstrations,self–studies and collective practical projects.

(2) The Planning Board shallhave the power to advise on the development of the University and review theprogress implementation of programmes so as to ascertain whether they are onthe lines recommended by it and shall also have the power to advise the Boardof Management and the Academic Council on any matter in connections therewith.

(3) The Academic Council andthe Board of Management shall be bound to consider the recommendations of thePlanning Board and shall implement such of the recommendations as are acceptedby it.

(4) Such of thoserecommendations of the Planning Board as have not been accepted by the Board ofManagement or the Academic Council under clause (3) shall be submitted by theVice–Chancellor along with the recommendations of the Board ofManagement or the Academic Council, to the Visitor for advise and the advise ofthe Visitor shall be implemented by the Board of Management or the AcademicCouncil, as the case may be.

(5) The Planning Board mayconstitute such committees as may be necessary for planning and monitoring theprogrammes of the University.

Schools of Studies and Departments

17.(1) The Universityshall have such Schools of Studies as may be specified by the Ordinances.

(2) Every School shall have aSchool Board and the members of the first School Board shall be nominated bythe Board of Management and shall hold office for a period of three years.

(3) The powers and functions ofa School Board shall be prescribed by the Ordinances.

(4) The conduct of the meetingsof a School Board and the quorum required for such meetings shall be prescribedby the Ordinances.

(5) (a) Each School shall consist of such Departments as may beassigned to it by the Ordinances.

(b) No Department shall be establishedor abolished except by the Statutes:

Provided that the Board ofManagement may, on the recommendation of the Academic Council, establishCentres of Studies to which may be assigned such teachers of the University asthe Board of Management may consider necessary.

(i) Teachers of the Department;

(ii) Persons conductingresearch in the Department;

(iii) Dean of the School;

(iv) Honorary Professors, ifany, attached to the Department; and

(v) such other persons as maybe members of the Department in accordance with the provisions of theOrdinances.

Board of Studies

18.(1) Each Departmentshall have a Board of Post–graduate Studies and a Board of Under–graduateStudies.

(2) The constitution of a Boardof Post–graduate Studies and the term of office of its members shall beprescribed by the Ordinances.

(3) The functions of a Board ofPost–graduate Studies shall be to approve subjects for research forvarious degrees and other requirements of research degrees and to recommend tothe concerned School Board in the manner prescribed by the Ordinances –

(a) courses of studies andappointment of examiners for Post–graduate courses, but excludingresearch degrees;

(b) appointment of supervisorsof research; and

Provided that the abovefunctions of a Board of Post–graduate Studies shall, during the periodof three years immediately after the commencement of the Act, be performed bythe Department.

(4) The constitution andfunctions of a Board of Under–graduate Studies and the term of itsmembers shall be prescribed by the Ordinances.

Finance Committee

19.(1) The FinanceCommittee shall consist of the following members, namely:–

(i) the Vice–Chancellor;

(ii) one or more Pro–Vice–Chancellors,as the case may be;

(iii) three persons nominatedby the Board of Management, out of whom at least one shall be a member of theBoard of Management; and

(iv) three persons nominated bythe Visitor.

(2) Five members of the FinanceCommittee shall form a quorum for a meting of the Finance Committee.

(3) All the members of theFinance Committee, other than ex officio members, shall hold office for a termof three years.

(4) A member of the FinanceCommittee shall have the fight to record a minute of dissent if he does notagree with any decision of the Finance Committee.

(5) The Finance Committee shallmeet at leas thrice every year to examine the accounts and to scrutiniseproposals for expenditure.

(6) All proposals relating tocreation of posts, and those items which have not been included in the Budget,should be examined by the Finance Committee before they are considered by theBoard of Management.

(7) The annual accounts and thefinancial estimates of the university prepared by the Finance Officer shall belaid before the Finance Committee for consideration and comments and thereaftersubmitted to the Board of Management for approval.

(8) The Finance Committee shallrecommend limits for the total recurring expenditure and the total non–recurringexpenditure 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 Committees

20.(1) There shall beSelection Committees for making recommendations to the Board of Management forappointment to the posts of Professor, Reader, Lecturer, Registrar, FinanceOfficer, Librarian and Principals of Colleges and Institutions maintained bythe University.

(2) The Selection Committee forappointment to the posts specified in column 1 of the Table below shall consistof the Vice–Chancellor, Pro–Vice–Chancellor, a nominee ofthe Visitor and the persons specified in the corresponding entry in column 2 ofthe said Table:

TABLE

_______________________________________________________________________________________________

1 2

_______________________________________________________________________________________________

Professor (i)The Head of the Department concerned if he is a Professor.

(ii)One Professor to be nominated by the Vice–Chancellor.

(iii)Three persons not in the service of the University, nominated by the Board of Management, out of a panel of namesrecommended by the Academic

Councilfor their special knowledge of or interest in, the subject with which the

Professorwill be concerned.

Reader/Lecturer (i)The Head of the Department concerned.

(ii)One Professor to be nominated by the Vice–Chancellor.

(iii)Two persons not in the service of the University, nominated by the Board of Management by the Academic Council fortheir special knowledge of, or interestin, the subject with which the Reader or a Lecturer will be concerned.

Registrar, Finance Officer. (i) Two membersof the Board of Management nominated.

(ii)One person not the service of the University nominated by the Board of

Management.

Librarian. (i)Two persons the service of the University, special knowledge of the subject

LibraryScience/Library Administration to be nominated by the Board of

Management.

(ii)One person not in the service of the University, nominated by the Board of

Management.

Principal of College or Three persons not in theservice of the University of whom two shall be

Institution maintained by the nominated by the Board of Management andone by the

University. AcademicCouncil for their special knowledge or, or interest in, a subject in whichinstruction is being provided by the College or Institution.

_______________________________________________________________________________________________

NOTE: 1.Where the appointment is beingmade for an inter–disciplinary project, the head of the project shall bedeemed to be the Head of the Department concerned. 2.The Professor to be nominated shallbe Professor concerned with the speciality for which the selection is beingmade and that the Vice–Chancellor shall consult the Head of theDepartment and the Dean of School before nominating the Professor.

(3) The Vice–Chancellor,or in his absence, one of the Pro–Vice–Chancellor shall presideat the meetings of a Selection Committee.

Provided that the meetings ofthe Selection Committee shall be fixed after prior consultation with, andsubject to the convenience of Visitor’s nominee and the persons nominated bythe Board of Management under clause (2):

Provided further that theproceedings of the Selection Committee shall not be valid unless,–

(a) where the number ofVisitor’s nominee and the persons nominated by the Board of Management is fourin all, at least three of them attend the meeting; and

(b) where the number ofVisitor’s nominee and the persons nominated by the Board of Management is threein all, at least two of them attend the meeting.

(4) The meeting of a SelectionCommittee shall be convened by the Vice–Chancellor or in his absence bythe Pro–Vice–Chancellor.

(5) The procedure to befollowed by a Selection Committee in making recommendations shall be laid downin the Ordinances.

(6) If the Board of Managementis unable to accept the recommendations made by a Selection Committee, it shallrecord its reasons and submit the case to the Visitor for final orders.

(7) Appointments to temporaryposts shall be made in the manner indicated below:–

(i) If the temporary vacancy isfor a duration longer than one academic session, it shall be filled on theadvice of the Selection Committee in accordance with the procedure indicated inthe foregoing clauses:

Provided that if the Vice–Chancelloris satisfied that in the interests of work it is necessary to fill the vacancy,the appointment may be made on a purely temporary basis by a local SelectionCommittee referred to in sub–clause (ii) for a period not exceeding sixmonths.

(ii) If the temporary vacancyis for a period less than a year, an appointment to such vacancy shall be madeon the recommendation of a local Selection Committee consisting of the Dean ofthe School concerned, the Head of the Department and a nominee of the Vice–Chancellor:

Provided that if the sameperson holds the offices of the Dean and the Head of the Department, theSelection Committee may contain two nominees of the Vice–Chancellor:

Provided further that in casesudden 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 atemporary appointment for a month and report to the Vice–Chancellor andthe Registrar about such appointment.

(iii) No teacher appointedtemporarily shall, if he is not recommended by a regular Selection Committeefor appointment under the Statutes, be continued in service on such temporaryemployment, unless he is subsequently selected by a local Selection Committeeor a regular Selection Committee, for a temporary or permanent appointment, asthe case may be.

Special mode of appointment

21.(1) Notwithstandinganything contained in Statute 20, the Board of Management may invite a personof high academic distinction and professional attainments to accept a post ofProfessor or Reader or any other academic post in the University, as the casemay be, on such terms and conditions as it deems fit, and on the personagreeing to do so appoint him to the post.

(2) The Board of Management mayappoint a teacher or any other academic staff working in any other Universityor organisation for undertaking a joint project in accordance with the mannerlaid down in the Ordinances.

Appointment for a fixed tenure

22.The Board of Managementmay appoint a person selected in accordance with the procedure laid down inStatute 20 for a fixed tenure on such terms and conditions as it deems fit.

Recognised teachers

23.(1) Thequalifications of recognised teachers shall be such as may be prescribed by theOrdinances.

(2) All applications for therecognition of teachers shall be made in such manner as may be laid down in theOrdinances.

(3) No teacher shall berecognised as a teacher except on the recommendation of a Selection Committeeconstituted for the purpose in the manner laid down in the Ordinances.

(4) The period of recognitionof a teacher shall be determined by the Ordinance made in that behalf.

(5) The Academic Council may,by a special resolution passed by a majority of not less than tow–thirdsof the members present and voting, withdraw recognition from a teacher:

Provided that no suchresolution shall be passed until notice in writing has been given to the personconcerned calling upon him to show cause, within such time as may be specifiedin the notice, why such resolution should not be passed and until hisobjections, if any, and any evidence he may produce in support of them havebeen considered by the Academic Council.

(6) Any person aggrieved by anorder of withdrawal under clause (5) may, within three months from the date ofcommunication to him of such order, appeal to the Board of Management which maypass such orders thereon as it thinks fit.

Committees

24.(1) Any authority ofthe University may appoint as many standing or special Committees as it maydeem fit, and may appoint to such Committees persons who are not members ofsuch authority.

(2) Any such Committeeappointed under clause (1) may deal with any subject delegated to it subject tosubsequent confirmation by the authority appointing.

Terms and conditions of service and code of conduct of theteachers, etc.

25.(1) All the teachersand other academic staff of the University shall, in the absence of anyagreement to the contrary, be governed by the terms and conditions of serviceand code of conduct as are specified in the Statutes, the Ordinances and theRegulations.

(2) Every teacher and member ofthe academic staff of the University shall be appointed on a written contract,the form of which shall be prescribed by the Ordinances.

(3) A copy of every contractreferred to in clause (2) shall be deposited with the Registrar.

Terms and conditions of service and code of conduct of otheremployees

26.All the employees ofthe University other than the teachers and other academic staff of theUniversity, shall, in the absence of any contract to the contrary, be governedby the terms and conditions of service and code of conduct as are specified inthe Statutes, the Ordinances and the Regulations.

Seniority list

27.(1) Whenever, inaccordance with the Statutes, any person is to hold an office or be a member ofan authority of the University by rotation according to seniority, suchseniority shall be determined according to the length of continuous service ofsuch person in his grade, and, in accordance with such other principles as theBoard of Management may, from time totime, prescribe.

(2) It shall be the duty of theRegistrar to prepare and maintain, in respect of each class of persons to whomthe provisions of these Statutes apply, a complete and up–to–dateseniority list in accordance with the provisions of clause (1).

(3) If two or more persons haveequal length of continuous service in a particular grade or the relativeseniority of any person or persons is otherwise in doubt, the Registrar may, onhis own motion and shall, as the request of any such person, submit the matterto the Board of Management whose decision thereon shall be final.

Removal of employees of the University

28.(1) Where there is anallegation of misconduct against a teacher, a member of the academic staff orother employee of the University, the Vice–Chancellor, in the case ofthe teacher or member of the academic staff, and the authority competent toappoint (hereinafter referred to as the appointing authority) in the case ofother employee, may, by order in writing, place such teacher, member of theacademic staff or other employee, as the case may be, under suspension andshall forthwith report to the Board of Management the circumstances in whichthe order was made:

Provided that the Board ofManagement may, if it is of the opinion that the circumstances of the case donot warrant the suspension of the teacher or the member of the academic staff,revoke, such order.

(2) Notwithstanding anythingcontained in the terms of the contract of appointment or of any other terms andconditions of service of the employees, the Board of Management in respect ofteachers and other academic staff, and the appointing authority in respect of otheremployees, shall have the power to remove a teacher or a member of the academicstaff, or as the case may be, other employee on grounds of misconduct.

(3) Save as aforesaid, theBoard of Management or as the case may be, the appointing authority, shall notbe entitled to remove any teacher, member of the academic staff of otheremployee except for a good cause and after giving three months’ notice or onpayment of three months’ salary in lieu thereof.

(4) No teacher, member of theacademic staff or other employee shall be removed under clause (2) or clause(3) unless he has been given a reasonable opportunity of showing cause againstthe action proposed to be taken in regard to him.

(5) The removal of a teacher,member of the academic staff or other employee shall take effect from the dateon which the order of removal is made:

Provided that where theteacher, member of the academic staff or other employee is under suspension atthe time of his removal, such removal shall take effect from the date on whichhe was placed under suspension.

(6) Notwithstanding anythingcontained in the foregoing provisions of this Statute, a teacher, member of theacademic staff or other employee may resign, –

(a) if he is a permanentemployee, only after giving three months notice in writing to the Board ofManagement or the appointing authority, as the case may be, or by paying threemonths salary in lieu thereof;

(b) if he is not a permanentemployee, only after giving one month’s notice in writing to the Board of Managementor, as the case may be, the appointing authority or by paying one month’ssalary in lieu thereof:

Provided that such registrationshall take effect only on the date on which the resignation is accepted by theBoard of Management or the appointing authority, as the case may be.

Honorary degrees

29.(1) The Board ofManagement may, on the recommendation of the Academic Council and by aresolution passed by a majority of not less than two–thirds of themembers present and voting, make proposals to the Visitor for the conferment ofhonorary degrees:

Provided that in case ofemergency, the Board of Management may, on its own motion, make such proposals.

(2) The Board of Managementmay, by a resolution passed by a majority of not less than two–thirds ofthe members present and voting, withdraw, with the previous sanction of theVisitor, any honorary degree conferred by the University.

Withdrawal of degrees, etc.

30.The Board ofManagement may, by a special resolution passed by a majority of not less thantwo–thirds of the members present and voting, withdraw any degree oracademic distinction conferred on, or any certificate or diploma granted to,any person by the University for good and sufficient cause:

Provided that no suchresolution shall be passed until a notice in writing has been given to thatperson calling upon him to show cause within such time as may be specified inthe notice 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 beenconsidered by the Board of Management.

Maintenance of discipline among students of the University

31.(1) All powersrelating to discipline and disciplinary action in relation to students of theUniversity shall vest in the Vice–Chancellor.

(2) The Vice–Chancellormay delegate all or any of his powers as he deems proper to a Proctor and tosuch other officers as he may specify in this behalf.

(3) Without prejudice to thegenerality of his powers relating to the maintenance of discipline and takingsuch action, as may seem to his appropriate for the maintenance of discipline,the Vice–Chancellor may, in exercise of his powers, by order, directthat any student or students be expelled, or rusticated, for a specifiedperiod, or be not admitted to a course or courses of study in a College,Institution of Department of the University for a stated period, or be punishedwith fine for an amount to be specified in the order, or be debarred fromtaking an examination or examinations conducted by the University, College,Institution or Department or a School for one or more years, or that theresults of the student or students concerned in the examination or examinationsin which he or they have appeared be cancelled.

(4) The Principals of Collegesand Institutions, Deans of Schools of Studies and Heads of teaching Departmentsin the University shall have the authority to exercise all such disciplinarypowers over the students in their respective Colleges, Institutions, Schoolsand teaching Departments in the University as may the necessary for the properconduct of such Colleges, Institutions, Schools and teaching Departments.

(5) Without prejudice to thepowers of the Vice–Chancellor, the Principals and other personsspecified in clause (4), detailed rules of discipline and proper conduct shallbe made by the University. The Principals of Colleges, Institutions,Deans of Schools of Studies and Heads of teaching Departments in the Universitymay also make the supplementary rules as they deem necessary for the aforesaidpurposes.

(6) At the time of admission,every student shall be required to sign a declaration to the effect that hesubmits himself to the disciplinary jurisdiction of the Vice–Chancellorand other authorities of the University.

Convocations

32.Convocations of theUniversity for the conferring of degrees or for other purposes shall be held insuch manner as may be prescribed by the Ordinances.

Acting Chairman of meetings

33.Where no provision ismade for a President or Chairman to preside over a meeting of any authority forthe University or any Committee of such authority or when the President orChairman so provided for is absent, the members present shall elect one fromamong themselves to preside at such meeting.

Resignation

34.Any member, otherthan an ex officio member of the Board of Management, the Academic Council orany other authority of the University or any Committee of such authority mayresign by letter addressed to the Registrar and the resignation shall takeeffect as soon as such letter is received by the Registrar.

Disqualifications

35.(1) A person shall bedisqualified for being chosen as, and for being, a member of any of theauthorities of the University,–

(i) if he is of unsound mind;

(ii) if he is an undischargedinsolvent;

(iii) if he has been convictedby a court of law of an offence involving moral turpitude and sentenced inrespect thereof to imprisonment for not less than six months.

(2) If any question arises asto whether a person is or had been subjected to any of the disqualificationsmentioned in clause (1), the question shall be referred to the Visitor and hisdecision shall be final and no suit or other proceeding shall lie in any civilcourt against such decision.

Residence condition for membership and office

36.Notwithstandinganything contained in the Statutes, a person who is not ordinarily resident inIndia shall be eligible to be an officer of the University or a member of anyauthority of the University.

Membership of authorities by virtue of membership of other bodies

37.Notwithstandinganything contained in the Statutes, a person who holds any post in theUniversity or is a member of any authority or body of the University in hiscapacity as a member of a particular authority or body or as the holder of aparticular appointment shall hold such office or membership only for so long ashe continues to be a member of that particular authority or body or the holderof that particular appointment, as the case may be.

Alumni Association

38.(1) There shall be anAlumni Association for the University.

(2) The subscription formembership of the Alumni Association shall be prescribed by the Ordinances.

(3) No member of the AlumniAssociation shall be entitled to vote or stand for election unless he has beena member of the Association for at least one year prior to the date of theelection and is a degree holder of the University of at least five yearsstanding:

Provided that the conditionrelating to the completion of one year’s membership shall not apply in the caseof the first election.

Students’ Council

39.(1) There shall beconstituted in the University, a Student’s Council for every academic year,consisting of–

(i) the Dean of Students’Welfare who shall be the Chairman of the Student’s Council;

(ii) all students who have wonprizes in the previous academic year in the fields of studies, fine arts,sports, and extension work;

(iii) twenty students to benominated by the Academic Council on the basis of merit in studies, sportsactivities and all–round development of personally:

Provided that any student ofthe University shall have the right to bring up any matter concerning theUniversity before the Students’ Council if so permitted by the Chairman, and heshall have the right to participate in the discussions at any meeting whenthe matter is taken up for consideration.

(2) The functions of theStudents’ Council shall be to make suggestions to the appropriate authoritiesof the University in regard to the programmes of studies, students’ welfare andother matters of importance in regard to the working of the University ingeneral and such suggestions shall be made on the basis of consensus of opinion.

(3) The Students’ Council shallmeet at least once in an academic year preferably in the beginning of that year.

Ordinances how made

40.(1) The firstOrdinances made under sub–section (2) of section 28 may be amended,repealed or added to at any time by the Board of Management in the mannerspecified below.

(2) No Ordinance in respect ofthe matters enumerated in section 28 other than those enumerated in clause (n)of sub–section (1) thereof shall be made by the Board of Managementunless a draft of such Ordinance has been proposed by the Academic Council.

(3) The Board of Managementshall not have power to amend any draft of any Ordinance proposed by theAcademic Council under clause (2), but may reject the proposal or return thedraft to the Academic Council for reconsideration, either in whole or in part, together with any amendmentwhich the Board of Management may suggest.

(4) Where the Board ofManagement has rejected or returned the draft of an Ordinance proposed by theAcademic Council, the Academic Council may consider the question afresh and incase the original draft is reaffirmed by a majority of not less than two–thirdsof the members present and voting and more than half the total number ofmembers of the Academic Council, the draft may be sent back to the Board ofManagement which shall either adopt it or refer it to the Visitor whosedecision shall be final.

(5) Every Ordinance made by theBoard of Management shall come into effect immediately.

(6) Every Ordinance made by theBoard of Management shall be submitted to the Visitor within two weeks from thedate of its adoption. The Visitor shall have the power to direct theUniversity within four weeks of the receipt of the Ordinance to suspend theoperation of any such Ordinance and he shall, as soon as possible, inform theBoard of Management about his objection to the proposed Ordinance. TheVisitor may, after receiving the comments of the University, either withdraw the order suspending the Ordinanceor disallow the Ordinance, and his decision shall be final.

Regulations

41.(1) The authoritiesof the University may make Regulations consistent with the Act, the Statutesand the Ordinances for the following matters, namely:–

(i) laying down the procedureto be observed at their meetings and the number of members required to form aquorum;

(ii) providing for all matterswhich are required by the Act, the Statutes or the Ordinance to be prescribedby Regulations;

(iii) providing for all othermatters solely concerning such authorities or committees appointed by them andnot provided for by the Act, the Statutes or the Ordinances.

(2) Every authority of theUniversity shall make Regulation providing for the giving of notice to themembers of such authority of the dates of meeting and of the business to beconsidered at meetings and for the keeping of a record of the proceedings ofmeetings.

(3) The Board of Management maydirect the amendment in such manner as it may specify, of any Regulation madeunder the Statutes or the annulment of any such Regulation.

Delegation of powers

42.Subject to the provisionsof the Act and the Statutes, any officer or authority of the University maydelegate his or its powers to any other officer or authority or person underhis or its respective control and subject to the condition that overallresponsibility for the exercise of the powers so delegated shall continue tovest in the officer or authority delegating such powers.

***

BABASAHEB BHIMRAO AMBEDKAR UNIVERSITY ACT 1994

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BABASAHEB BHIMRAO AMBEDKAR UNIVERSITY ACT 1994

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