INDIRA GANDHI NATIONAL OPEN UNIVERSITY ACT 1985
EmailTHE INDIRAGANDHI NATIONALOPEN UNIVERSITYACT, 1985
ACT No. 50 OF 1985
2ndSeptember, 1985
An Act to establish and incorporate an open University at thenational level for the introduction and promotion of the open university anddistance education systems in the education pattern of the country and for theco-ordination and determination of standards in such systems
BE it enacted by Parliament inthe Thirty-sixth Year of the Republicof India as follows: –
1.Short title and commencement:(1) This Act may be called theIndira Gandhi National Open University, Act, 1985.
(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 the Statutesmade hereunder, unless the context otherwise requires, –
(a) "AcademicCouncil" means the Academic Council of the University;
(b) "Board ofManagement" means the Board of Management of the University;
(c) "Board ofRecognition" means the Board of Recognition of the University;
(d) "College" means aCollege or other academic institution established or maintained by, or admittedto the privileges of, the University;
(e) "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 of suchmeans;
(f) "employee" meansany person appointed by the University, and includes teachers and otheracademic staff of the University;
(g) "FinanceCommittee" means the Finance Committee of the University;
(h) "Governing Body",in relation to a College, means any body (by whatever name called) charged withthe management of the affairs of the College and recognised as such by theUniversity;
(i) "Planning Board"means the Planning Board of the University ;
(j) "Regional Centre"means a centre established or maintained by the University for the purpose ofco-ordinating and supervising the work of Study Centres in any region and forperforming such other functions as may be conferred on such centre by the Boardof Management;
(k) "Regulations"means the Regulations made by any authority of the University under this Actfor the time being in force;
(l) "School" means a School of Studies of the University;
(m) "Statutes" and"Ordinances" mean, respectively, the Statutes and Ordinances of theUniversity for the time being in force; "student" means a student ofthe University, and includes any person who has enrolled himself for pursuingany course of study of the University;
(o) "Study Centre"means a centre established, maintained or recognised by the University for thepurpose of advising, counselling or for rendering any other assistance requiredby the students;
(p) "teachers" meansProfessors, Readers, Lecturers and such other persons as any be designated assuch by the Ordinances for imparting instruction in the University or forgiving guidance or rendering assistance to students for pursuing any course ofstudy of the University;
(q) "University"means the Indira Gandhi National Open University established under this Act;
(r) "Vice-Chancellor"and "Pro-Vice-Chancellor" mean, respectively, the Vice-Chancellor anda Pro-Vice-Chancellor of the University.
3.Establishment andincorporation of the University: (1) There shall be established a University by the name of"the Indira Gandhi National Open University".
(2) The headquarters of theUniversity shall be at Delhi and it mayestablish or maintain Colleges, Regional Centres and Study Centres at suchother places in Indiaas it may deem fit:
1 [Provided that the University may, with the prior approval of theVisitor, also establish Study Centres outside India.]
(3) Thefirst Vice-Chancellor, the first Pro-Vice-Chancellors and the first members ofthe Board of Management, the Academic Council and the Planning Board and allpersons who may hereafter become such officers or members, so long as theycontinue to hold such office or membership, are hereby constituted a bodycorporate by the name of "the Indira Gandhi National OpenUniversity".
(4) TheUniversity shall have perpetual succession and a common seal and shall us sueand be sued by the said name.
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1.Inserted by the Indira Gandhi National Open University (Amendment) Act, 1997(32 of 1997) Section 2.
4.Theobjects of the University: The objects of the University shall be toadvance and disseminate learning and knowledge by a diversity of means,including the use of any communication technology, to provide opportunities forhigher education to a larger segment of the population and to promote theeducational well being of the community generally, to encourage the OpenUniversity and distance education systems in the educational pattern of thecountry and to co-ordinate and determine the standards in such systems, and theUniversity shall, in organising its activities, have due regard to the objectsspecified in the First Schedule.
5.Powerof the University: (1) The University shall have the followingpowers, namely: –
(i) toprovide for instruction in such branches of knowledge, technology, vocationsand professions as the University may determine from time to time and to makeprovision for research;
(ii) toplan and prescribed courses of study for degrees, diplomas, certificates or forany other purpose;
(iii)to hold examinations and confer degrees, diplomas, certificates or otheracademic distinctions or recognitions on persons who have pursued a course ofstudy or conducted research in the manner laid down by the Statutes andOrdinances;
(iv) toconfer honorary degrees or other distinctions in the manner laid down by theStatutes;
(v) todetermine the manner in which distance education in relation to the academicprogrammes of the University may be organised;
(vi) toinstitute professorships, readerships, lecturerships and other academicpositions necessary for imparting instruction or for preparing educationalmaterial or for conducting other academic activities, including guidance, designingand delivery of course and evaluation of the work done by the students, and toappoint persons to such professorships, readerships, lecturerships and otheracademic positions;
(vii)to co-operate with, and seek the co-operation of, other universities andinstitutions of higher learning, professional bodies and organisations for suchpurposes as the University considers necessary;
(viii)to institute and award fellowships, scholarships, prizes and such other awardsfor recognition of merit as the University may deem fit;
(ix) toestablish and maintain such Regional Centres as may be determined by theUniversity from time to time;
(x) toestablish, maintain or recognise Study Centres in the manner laid down by theStatutes;
(xi) toprovide for the preparation of instructional materials, including films,cassettes, tapes, video cassettes and other software;
(xii)to organise and conduct refresher courses, workshops, seminars and otherprogrammes for teachers, lesson writers, evaluators and other academic staff;
(xiii)to recognise examinations of, or periods of study (whether in full or part) at,other universities, institutions or other places of higher learning asequivalent to examinations or periods of study in the University, and towithdraw such recognition at any time;
(xiv)to make provision for research and development in educational technology andrelated matters;
(xv) tocreate administrative, ministerial and other necessary posts and to makeappointments thereto;
(xvi)to receive benefactions, donations and gifts and to acquire, hold, maintain anddispose of any property movable or immovable, including trust and Governmentproperty, for the purposes of the University;
(xvii)to borrow, with the approval of the Central Government, whether on the securityof the property of the University of otherwise, money for the purposes of theUniversity;
(xviii)to enter into, carry out, vary or cancel contracts;
(xix)to demand and receive such fees and other charges as may be laid down by theOrdinances;
(xx) toprovide, control and maintain discipline among the students and all categoriesof employees and to lay down the conditions of service of such employees,including their codes of conduct;
(xxi)to recognise any institution of higher learning or studies for such purposes asthe University may determine and to withdraw such recognition;
(xxii)to appoint, either on contract or otherwise, visiting Professors, EmeritusProfessors, Consultants, fellows, scholars, artists, course writers and suchother persons who may contribute to the advancement of the objects of theUniversity;
(xxiii)to recognise persons working in other universities, institutions ororganisations as teachers of the University on such terms and conditions as maybe laid down by the Ordinances;
(xxiv)to determine standards and to specify conditions for the admission of studentsto courses of study of the University which may include examination, evaluationand any other method of testing;
(xxv)to make arrangements for the promotion of the general health and welfare of theemployees;
(xxvi)to confer autonomous status on a College or a Regional Centre in the mannerlaid down by the Statutes;
(xxvii)to admit to its privileges any College in or outside India subject to such conditions asmay be laid down by the Statutes:
Providedthat no College shall be so admitted except with the prior approval of theVisitor;
(xxviii)to do all such acts as may be necessary or incidental to the exercise of all orany of the powers of the University as are necessary and conducive to thepromotion of all or any of the objects of the University.
(2)Notwithstanding anything contained in any other law for the time being inforce, but without prejudice to the provisions of sub-section (1), it shall bethe duty of the University to take all such steps as it may deem fit for thepromotion of the open university and distance education systems and for thedetermination of standards of teaching, evaluation and research in suchsystems, and for the purpose of performing this function, the University shallhave such powers including the power to allocate and disburse grants toColleges, whether admitted to its privileges or not, or to any other universityor institution of higher learning, as may be specified by the Statures.
6.Jurisdiction:TheUniversity shall in the exercise of its powers have jurisdiction over the wholeof India 1 [and to the Study Centresoutside India].
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1.Inserted by the Indira Gandhi National Open University (Amendment) Act, 1997(32 of 1997) Section 3.
7.Universityopen to all classes, castes and creeds: (1) The University shall beopen to persons of either sex and of whatever race, creed, caste or class, andit shall not be lawful for the University to adopt or impose on any person anytest whatsoever of religious belief or profession in order to entitle him to beappointed as a teacher of the University or to hold any other office therein oradmitted as a student in the University, or to graduate thereat, or to enjoy orexercise any privilege thereof
(2)Nothing in sub-section (1) shall be deemed to prevent the University frommaking any special provision for the appointment or admission of women or ofpersons belonging to the weaker sections of the society, and in particular, ofpersons belonging to the Scheduled Castes or Scheduled Tribes.
8.TheVisitor: (1) ThePresident of Indiashall be the Visitor of the University.
(2)Subject to the provisions of sub-sections (3) and (4), the Visitor shall havethe right to cause an inspection to be made, by such person or persons as hemay direct, of the University, its buildings, laboratories and equipment, andof any College, Regional Centre, a Study Centre and also of the examination,instruction and other work conducted or done by the University, and to cause aninquiry to be made in like manner in respect of any matter connected with theadministration and finances of the University.
(3) TheVisitor shall, in every case, give notice to the University of his intention tocause an inspection or inquiry to be made and the University shall, on receiptof such notice, have the right to make, within thirty days from the date ofreceipt of the notice or such other period as the Visitor may determine, such representationsto him as it may consider necessary.
(4)After considering the representations, if any, made by the University, theVisitor may cause to be made such inspection on inquiry as is referred to insub-section (2).
(5)Where an inspection or inquiry has been caused to be made by the Visitor, theUniversity shall be entitled to appoint a representative who shall have theright to appear in person and to be heard on such inspection or inquiry.
(6) TheVisitor may address the Vice-Chancellor with reference to the results of suchinspection or inquiry together with such views and advice with regard to theaction to be taken thereon as the Visitor may be placed to offer and on receiptof the address made by the Visitor, the Vice-Chancellor shall communicateforthwith to the Board of Management the results of the inspection or inquiryand the views of the Visitor and the advice tendered by him upon the action tobe taken thereon.
(7) TheBoard of Management shall communicate through the Vice-Chancellor to theVisitor such action, if any, as it proposes to take or has been taken by itupon the results of such inspection or inquiry.
(8)Where the Board of Management does not within a reasonable time, take action tothe satisfaction of the Visitor, the Visitor may, after considering anyexplanation furnished or representation made by the Board of Management, issuesuch directions as he may think fit and the Board of Management shall be boundto comply with such directions.
(9)Without prejudice to the foregoing provisions of this section, the Visitor may,by an order in writing, annual any proceedings of the University which is not ain conformity with this Act, the Statutes or the Ordinances:
Providedthat before making any such order, he shall call upon the University to showcause why such an order should not be made and, if any cause is shows within areasonable time, he shall consider the same.
(10)The Visitor shall have such other powers as may be specified by the Statutes.
9.Officersof the University: The following shall be the officers of theUniversity ; –
(1) TheVice-Chancellor;
(2) ThePro-Vice-Chancellors;
(3) TheDirectors;
(4) TheRegistrars;
(5) TheFinance Officer; and
(6)Such other officers as may be declared by the Statutes to be the officers ofthe University.
10.TheVice-Chancellor: (1) The Vice-Chancellor shall be appointedby the Visitor in such manner, for such term and on such emoluments and otherconditions of service as may be prescribed by the Statutes.
(2) TheVice-Chancellor shall be the principal academic and executive officer of theUniversity, and shall exercise supervision and control over the affairs of theUniversity and give effect to the decisions of all the authorities of theUniversity,
(3) TheVice-Chancellor may, if he is of the opinion that immediate action is necessaryon any matter, exercise any power conferred on any authority of the Universityby or under this Act and shall report to such authority the action taken by himon such matter:
Providedthat if the authority concerned is of the opinion that such action ought not tohave been taken, if may refer the matter to the Visitor whose decision thereonshall be final:
Providedfurther that any person in the service of the University who is aggrieved bythe action taken by the Vice-Chancellor under this sub-section, shall have theright to appeal against such action to the Board of Management within ninetydays from the date on which such action is communicated to him and thereuponthe Board of Management may confirm, modify or reverse the action taken by theVice-Chancellor.
(4) TheVice-Chancellor, if he is of the opinion that any decision of any authority isbeyond the powers of the authority conferred by the provisions of this Act,Statutes or Ordinances or that any decision taken is not, in the interests ofthe University, may ask the authority concerned to review its decision withinsixty days of such decision and if the authority refuses to review its decisioneither in whole or in part or no decision is taken by it within the said periodof sixty days, the matter shall be referred to the Visitor whose decisionthereon shall be final:
Providedthat the decision of the authority concerned shall remain suspended during theperiod of review of such decision by the authority or the Visitor, as the casemay be, under this sub-section.
(5) TheVice-Chancellor shall exercise such other powers and perform such otherfunctions as may be prescribed by the Statutes and the Ordinances.
11.ThePro-Vice-Chancellors: Every Pro-Vice-Chancellor shall beappointed in such manner, on such emoluments and other conditions of service,and shall exercise such powers and perform such functions, as may be prescribedby the Statutes.
12.TheDirectors: EveryDirector shall be appointed in such manner, on such emoluments and otherconditions of service, and shall exercise such powers and perform suchfunctions, as may be prescribed by the Statutes.
13.TheRegistrars: (1) Every Registrar shall be appointed in suchmanner, on such emoluments and other conditions of service as may be prescribedby the Statutes.
(2) ARegistrar empowered by the Board of Management shall have the power to enterinto, and sign, agreements and authenticate records on behalf of theUniversity.
(3)Every Registrar shall exercise such powers and perform such functions as may beprescribed by the Statutes.
14.TheFinance Officer: The Finance Officer shall be appointed insuch manner, on such emoluments and other conditions of service and shall exercisesuch powers and perform such functions as may be prescribed by the Statutes.
15.OtherOfficers: Themanner of appointment, emoluments, powers and duties of the other officers ofthe University shall be prescribed by the Statutes.
16.Authoritiesof the University: The following shall be the authorities ofthe University: –
(1) TheBoard of Management;
(2) TheAcademic Council;
(3) ThePlanning Board;
(4) TheBoard of Recognition;
(5) TheSchools of Studies;
(6) TheFinance Committee; and
(7) Suchother authorities as may be declared by the Statutes to be the authorities ofthe University.
17.TheBoard of Management: (1) The Board of Management shallbe the principal executive body of the University.
(2) Theconstitution of the Board of Management, the term of office of its members andits powers and functions shall be prescribed by the Statutes.
18.TheAcademic Council: The Academic Council shall be theprincipal academic body of the University and shall, subject to the provisionsof this Act, the Statutes and Ordinances, have the control and generalregulation of, and be responsible for, the maintenance of standards oflearning, education, instruction, evaluation and examination within theUniversity and shall exercise such other powers and perform such otherfunctions as may be conferred or imposed upon in by the Statutes.
(2) Theconstitution of the Academic Council and the term of office of its membersshall be prescribed by the Statutes.
19.ThePlanning Board: (1) There shall be constituted a Planning Board of theUniversity which shall be the principal planning body of the University andshall also be responsible for the monitoring of the developments of theUniversity on the lines indicated in the objects of the University.
(2) Theconstitution of the Planning Board, the term of office of its members and itspowers and functions shall be prescribed by the Statutes.
20.TheBoard of Recognition: (1) The Board of Recognition shall beresponsible for admitting Colleges to the privileges of the University.
(2) Theconstitution and the other powers and functions of the Board of Recognitionshall be prescribed by the Statutes.
21.TheSchools of Studies: (1) There shall be such number of Schoolsof Studies as the University may determine from time to time.
(2) Theconstitution, powers and functions of the Schools of Studies shall beprescribed by the Statutes.
22.TheFinance Committee: The constitution, powers and functions ofthe Finance Committee shall be prescribed by the Statutes.
23.Otherauthorities: The constitution, powers and functions of the otherauthorities which may be declared by the Statutes to be authorities of theUniversity shall be prescribed by the Statutes.
24.Statutes:Subjectto the provisions of this Act, the Statutes may provide for all or any of thefollowing matters, namely: –
(a) themanner of appointment of the Vice-Chancellor, the term of his appointment, theemoluments and other conditions of his service and the powers and functionsthat may be exercised and performed by him;
(b) themanner of appointment of Pro-Vice-Chancellors, Directors, Registrars, theFinance Officer and other officers, the emoluments and other conditions oftheir service and the powers and functions that may be exercised and performedby each of the officers;
(c) theconstitution of the Board of Management and other authorities of theUniversity, the terms of office of the members of such authorities and thepowers and functions that may be exercised and performed by such authorities;
(d) theappointment of teachers and other employees of the University, their emolumentsand other conditions of service;
(e) theconstitution of a pension or provident fund and the establishment of aninsurance schedule for the benefit of the employees of the University;
(f) theprinciples governing the seniority of service of the employees of theUniversity;
(g) theprocedure in relation to any appeal or application for review by any employeeor student of the University against the action of any officer or authority ofthe University, including the time within which such appeal or application forreview shall be preferred or made;
(h) theprocedure for the settlement of disputes between the employees or students ofthe University, and the University;
(i) theconferment of autonomous status on Colleges and Study Centres;
(j) theco-ordination and determination of standards in the open University anddistance education systems and the allocation and disbursement of grants toColleges and other universities and institutions
(k) theconditions that are required to be fulfilled for admission of the Colleges tothe privileges of the University;
(l) allother matters which by this Act are to be, or may be, provided by the Statutes.
25.Statuteshow made: Thefirst Statues are those set out in the Second Schedule.
(2) TheBoard of Management may, from time to time, make new or additional Statutes ormay amend or repeal the Statutes referred to in sub-section (1):
Providedthat the Board of Management shall not make, amend or repeal any Statuteaffecting the status, powers or constitution of any authority of the Universityuntil such authority has been given a reasonable opportunity to express itsopinion in writing on the proposed changes and any opinion so expressed hasbeen considered by the Board of Management.
(3)Every new Statute or addition to the Statutes or any amendment or repealthereof shall require the approval of the Visitor, who Amy assent thereto orwithhold assent or remit to the Board of Management for re-consideration in thelight of the observations, if any, made by him.
(4) Anew Statute or a Statute amending or repealing an existing Statute shall not bevalid unless it has been assented to by the Visitor.
(5)Notwithstanding anything contained in the foregoing sub-sections, the Visitormay make new or additional Statutes or amend or repeal the Statutes referred toin sub-section (1), during the period of three years immediately after thecommencement of this Act.
(6)Notwithstanding anything contained in the foregoing sub-sections, the Visitormay direct the University to make provisions in the Statutes in respect of anymatter specified by him and if the Board of Management is unable to implementsuch a direction within sixty days of its receipt, the Visitor may, afterconsidering the reasons, if any, communicated by the Board of Management forits inability to comply with such direction, make or amend the Statutessuitably.
26.Ordinances:(1)Subject to the provisions of this Act and the Statutes, the Ordinances mayprovide for all or any of the following matters, namely: –
(a) theadmission of students, the courses of study and the fees therefor, thequalifications pertaining to degrees, diplomas, certificates and other courses,the conditions for the grant of fellowships, awards and the like;
(b) theconduct of examinations, including the terms and conditions and appointment ofexaminers;
(c) themanagement of Colleges admitted to the privileges of the University, and
(d) anyother matter which by this Act or the Statutes is to be, of may be, providedfor by the Ordinances.
(2) Thefirst Ordinances shall be made by the Vice-Chancellor with the previousapproval of the Central Government and the Ordinances so made may be amended,repealed or added to at any time by the Board of Management in the mannerprescribed by the Statutes.
27.Regulations:Theauthorities of the University may make Regulations consistent with this Act,the Statutes and the Ordinances for the conduct of their own business and thatof the committees, if any, appointed by them and not provided for by this Act,the Statutes or the Ordinances in the manner prescribed by the Statutes.
28.Annualreport: (1) Theannual report of the University shall be prepared under the directions of theBoard of Management which shall include, among other matters, the steps takenby the University towards the fulfilment of its objects.
(2) Theannual report so prepared shall be submitted to the Visitor on or before suchdate as may be prescribed by the Statutes.
(3) Acopy of the annual report, as prepared under sub-section (1) shall also besubmitted to the Central Government which shall, as soon as may be, cause thesame to be laid before both the Houses of Parliament.
29.Annualaccounts, etc: (1) The annual accounts and the balance sheet of theUniversity shall be prepared under the directions of the Board of Managementand shall, once at least every year, and at intervals of not more than fifteenmonths, be audited by the Comptroller and Auditor-General of India or suchperson or persons as he may authorise in this behalf.
(2) Acopy of the accounts together with the audit report shall be submitted to theVisitor along with the observations, if any, of the Board of Management.
(3) Anyobservations made by the Visitor on the annual accounts shall be brought tonotice of the Board of Management and the views of the Board of Management, ifany, on such observations shall be submitted to the Visitor.
(4) Acopy of this accounts together with the audit report, as submitted to theVisitor, shall also be submitted to the Central Government, which shall, assoon as may be, cause the same to be laid before both the Houses of Parliament.
(5) Theaudited annual accounts, after having been laid before both the Houses ofParliament, shall be published in the Gazette of India.
30.Conditionsof service of employees: (1) Every employee of the Universityshall be appointed under a written contract and such contract shall not beinconsistent with the provisions of this Act, the Statutes and the Ordinances.
(2) Thecontract referred to in sub-section (1) shall be lodged with the University anda copy of which shall be furnished to the employee concerned.
31.Tribunalof Arbitration: (1) Any dispute arising out of a contract ofemployment referred to in section 30 between the University and on employeeshall, at the request of either party, be referred to a Tribunal of Arbitrationwhich shall consist of one member nominated by the Board of Management, onemember nominated by the employee concerned and umpire to be nominated by theVisitor.
(2)Every such reference shall be deemed to be a submission to arbitration upon theterms of this section within the meaning of the Arbitration Act, 1940, (2 of1940.) and all the provisions of that Act, with the exception of section 2thereof, shall apply accordingly.
(3) Theprocedure for regulating the work of the Tribunal of Arbitration shall beprescribed by the Statutes.
(4) Thedecision of the Tribunal of Arbitration shall be final and binding on theparties, and no suit shall lie in any court in respect of the matters decidedby the Tribunal.
32.Providentand pension funds: (1) The University shall constitute forthe benefit of the employees such provident or person funds or provide suchinsurance schemes as it may deem fit in such manner and subject to suchconditions as may be prescribed by the Statutes.
(2)Where such provident or pension fund has been constituted, the CentralGovernment may declare that the provisions of the Provident Funds, Act, 1925(19 of 1925.) shall apply to such funds, as if it were a Government ProvidentFund.
33.Disputesas to the constitution of the University authorities and bodies: If anyquestion arises as to whether any person has been duly elected or appointed as,or is entitled to be a member of any authority or other body of the University,the matter shall be referred to the Visitor whose decision thereon shall befinal.
34.Fillingof casual vacancies: All the casual vacancies among the members(other than ex officio members) of any authority or other body of theUniversity shall be filled, as soon as may be convenient, by the person or bodywho appoints elects or co-opts the member whose place has become vacant and anyperson appointed, 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.
35.Proceedingsof the University authorities or bodies not invalidated by vacancies: No actor proceedings of any authority or any other body shall be invalidated merelyby reason of the existence of any vacancy or vacancies among its members.
36.Protectionof action taken in good faith: No suit or other legal proceedings shalllie against any officer or employee of the University for anything which is ingood faith done or intended to be done in pursuance of any of the provisions ofthis Act or the Statutes or the Ordinances.
37.Modeof proof of University record: A copy of any receipt, application,notice, order, proceedings, resolution of any authority or committee of theUniversity, or other documents in the possession of the University, or anyentry in any register duly maintained by the University, if certified by theRegistrar 80 designated shall, notwithstanding anything contained in the IndianEvidence Act, 1872 or in any other law for the time being in force, be admittedas evidence of the matters and transactions specified therein, where the originalthereof would, if produced, have been admissible in evidence.
38.Powerto remove difficulties: If any difficulty arises in giving effectto the provisions of this Act, the Central Government may, be order, publishedin the Gazette of India, make such provisions, not inconsistent with theprovisions of this Act, as appears to it to be necessary or expedient forremoving the difficulty;
Providedthat no such order shall be made under this section after the expiry of threeyears from the commencement of this Act.
39.Transitionalprovisions: Notwithstanding anything contained in this Act and theStatutes: –
(a) Thefirst Vice-Chancellor, the first Registrars and the first Finance Officer shallbe appointed by the Visitor and they shall be governed by the terms andconditions of service specified by the Statutes:
Providedthat the first Vice-Chancellor shall be eligible for appointment in the mannerspecified in the Statutes for another term;
(b) Thefirst Board of Management shall consist of not more than fifteen members whoshall be nominated by the Visitor and they shall hold office for 3 term ofthree years ; and
(c) (i)The first Planning Board shall consist of not more than ten members who shallbe nominated by the Visitor and they shall hold office for a term of threeyears;
(ii)The Planning Board shall, in addition to the powers and functions conferred onit by this Act, exercise the powers of the Academic Council, until the AcademicCouncil is constituted under the provisions of this Act and the Statutes, andin the exercise of such powers, the Planning Board may co-opt such members asit may decide.
40.Statutes,Ordinances and Regulations to be published in the Official Gazette and to belaid before Parliament:(1) Every Statute, Ordinance or Regulationmade under this Act shall be published in the Official Gazette.
(2)Every Statute, Ordinance or Regulation made under this Act shall be laid, assoon as may be after it is made, before each House of Parliament, while it isin session, for a total period of thirty days which may be comprised in onesession or in two or more successive sessions, and it, before the expiry of thesession immediately following the section or successive sessions aforesaid,both Houses agree in making any modification in the Statute, Ordinance orRegulation or both Houses agree that the Statute, Ordinance or Regulation shallthereafter have effect only in such modification or annulment shall be withoutprejudice to the validity of anything previously done under that Statute,Ordinance or Regulation.
THE FIRST SCHEDULE
(See Section 4)
THE OBJECTS OF THE UNIVERSITY
1.TheUniversity shall endeavour through education, research, training and extensionto play a positive role in the development of the country, and, based on therich heritage of the country, to promote and advance the culture of the peopleof India band its human resources. Towards this end, it shall: –
(a)strengthen and diversify the degree, certificate and diploma courses related tothe needs of employment and necessary for building the economy of the countryon the basis of its natural and human resources;
(b)provide access to higher education for large segments of the population, and inparticular, the disadvantaged groups such as those living in remote and ruralareas including working people, housewives and other adults who wish to upgradeor acquire knowledge through studies in various fields;
(c)promote acquisition of knowledge in a rapidly developing and changing societyand to continually offer opportunities for upgrading knowledge, training andskills in the context of innovations, research and discovery in all fields ofendeavour;
(d)provide an innovative system of university level education, flexible and open,in regard to methods and pace of learning, combination of courses, eligibilityfor enrolment, age of entry, conduct of examination and operation of theprogrammes with a view to promote learning and encourage excellence in newfields of knowledge;
(e)contribute to the improvement of the educational system in India by providing anon-formal channel complimentary to the formal system and encouraging transferof credits and exchange of teaching staff by making wide use of texts and othersoftware developed by the University;
(f) provideeducation and training in the various arts, crafts and skills of the country,raising their quality and improving their availability to the people;
(g)provide or arrange training of teachers required for such activities orinstitutions ;
(h)provide suitable post-graduate courses of study and promote research;
(i)provide the counselling and guidance to its students; and
(j)promote national integration and the integrated development of the humanpersonality through its policies and programmes.
2.TheUniversity shall strive to fulfil the above objects by a diversity of means ofdistance and continuing education, and shall function in co-operation with theexisting Universities and Institutions of higher learning and make full use ofthe latest scientific knowledge and new educational technology to offer a highquality of education which matches contemporary needs.
THE SECOND SCHEDULE
(See section 24)
STATUTES OF THE UNIVERSITY
1.TheVice-Chancellor
(1) TheVice-Chancellor shall be a whole-time salaried officer of the University.
(2) TheVice-Chancellor shall be appointed by the Visitor from out of a panel of notless than three
personsrecommended (the names being arranged in the alphabetical order) by a committeeconstituted under clause (3);
Providedthat if the Visitor does not approve of any of the persons so recommended hemay call for fresh recommendations.
(3) Thecommittee referred to in clause (2) shall consist of three members of whom twoshall be nominated by the Board of Management and one by the Visitor, and theperson nominated by the Visitor shall be the Convenor of the committee:
Providedthat no person who is an employee of the University or of any affiliatedCollege or a member of any authority of the University shall be nominated to bea member of the Committee.
(4) TheVice-Chancellor shall hold office for a term of five years from the date onwhich he enters upon his office, or until he attains the age of sixty-fiveyears, whichever is earlier, and he shall not be eligible for re-appointment;
Providedthat the Visitor may require any Vice-Chancellor after his term has expired, tocontinue in office for such period, not exceeding a total period of one year asmay be specified by him.
(5) Theemoluments and other conditions of service of the Vice-Chancellor shall be asfollows: –
(i)There shall be paid to the Vice-Chancellor a salary of Rs.3,000 per month andhe would be entitled to the free use of the University car and, without paymentof rent, to the use of furnished residence throughout his term of office and nocharge shall fall on the Vice-Chancellor personally in respect of themaintenance of such residence.
(ii) Inaddition to the salary specified in sub-clause (i), the Vice-Chancellor shallbe entitled to such other allowances as are admissible to University employeesfrom time to time.
(iii)The Vice-Chancellor shall be entitled to such terminal benefits and allowancesas any be fixed by the
Boardof Management with the approval of the Visitor from time to time..
Providedthat where an employee of the University or a College or of any otheruniversity or any institution maintained by or affiliated to such otheruniversity is appointed as the Vice-Chancellor, he may be allowed to continueto contribute to any provident fund of which he is a member and the Universityshall contribute to the account of such person in that provident fund at thesame rate at which such person had been contributing immediately before hisappointment as Vice-Chancellor:
Providedfurther that where such employee had been a member of any pension scheme, theUniversity shall make the necessary contribution to such scheme.
(iv)The Vice-Chancellor shall be entitled to travelling allowance at such rates asmay be fixed by the Board of Management.
(v) TheVice-Chancellor shall be entitled to leave on full pay for one-eleventh of theperiod spent by him on active service.
(vi) Inaddition to the leave referred to in sub-clause (v), the Vice-Chancellor shallbe entitled to half pay leave at the rate of twenty days per year of everycompleted year of service and the half pay leave may be availed of as commutedleave on full pay on medial certificate.
(6) Ifthe office of the Vice-Chancellor becomes vacant due to death, resignation orotherwise, or if he is unable to perform his duties due to ill health or anyother cause, the senior-most Pro-Vice-Chancellor shall perform the duties ofthe Vice-Chancellor, and if there is no Pro-Vice-Chancellor, the senior-mostDirector shall perform the functions of the Vice-Chancellor until the newVice-Chancellor assumes his office or until the existing Vice-Chancellorattends to the duties of his office, as the case may be.
2.Powersand functions of the Vice-Chancellor
(1) TheVice-Chancellor shall be ex officio Chairman of the Board of Management, theAcademic Council, the Planning Board, and the Finance Committee.
(2) TheVice-Chancellor shall be entitled to be present at, and address, any meeting ofany other authority or
otherbody of the University, but shall not be entitled to vote thereat unless he isa member of such authority or body.
(3) Itshall be the duty of the Vice-Chancellor to see that this Act, the Statutes,Ordinances and Regulations are duly observed and he shall be all the powersnecessary to ensure such observance.
(4) TheVice-Chancellor shall exercise control over the affairs of the University andshall give effect to the decisions of all the authorities of the University.
(5) TheVice-Chancellor shall have all the powers necessary for the proper maintenanceof discipline in the University and he may delegate any such powers to suchperson or persons as he may deem fit.
(6) TheVice-Chancellor shall be empowered to grant leave to any officer of theUniversity and make necessary arrangements for the discharge of the functionsof such officer during his absence.
(7) TheVice-Chancellor shall grant leave of absence to any employee of the Universityin accordance with the rules and if he so desires, delegate such powers toanother officer of the University.
(8) TheVice-Chancellor shall have the power to convene or cause to be convened themeetings of the Board of Management, the Academic Council, the Planning Boardand the Finance Committee.
(9) TheVice-Chancellor shall be the following further powers, namely: –
(i) toappoint such Professors, Readers, Lecturers and other teachers as may benecessary with the prior approval of the Board of Management.
(ii) toappoint course writers, script writers, counsellors, programmers, artists andsuch other persons as may be considered necessary for the efficient functioningof the University;
(iii)to make short-term appointments for a period not exceeding six months at atime, of such persons as may be considered necessary for the functioning of theUniversity;
(iv) toarrange for the establishment and maintenance of Regional and Study Centres atdifferent places as may be required from time to time and delegate to anyemployee such powers as are necessary for their efficient functioning.
3.ThePro-Vice-Chancellors
(1)Every Pro-Vice-Chancellor shall be appointed by the Board of Management on therecommendation of the Vice-Chancellor:
Providedthat if any recommendation of the Vice-Chancellor is not accepted by the Boardof Management, the matter shall be referred to the Visitor who may eitherappoint the person recommended by the Vice-Chancellor or request theVice-Chancellor to recommend another person for consideration by the Board ofManagement:
Providedfurther that the Board of Management may, on the recommendation of theVice-Chancellor, appoint a Professor to perform the functions of aPro-Vice-Chancellor in addition to his own functions as a Professor.
(2) Theterm of office of a Pro-Vice-Chancellor shall be such as may be decided by theBoard of Management, but it shall not in any case exceed three years or untilthe expiration of the term of office of the Vice-Chancellor, whichever isearlier and he shall be eligible for re-appointment:
Providedthat a Pro-Vice-Chancellor shall retire on attaining the age of sixty-fiveyears :
Providedfurther that a Pro-Vice-Chancellor shall, while performing the functions of theVice-Chancellor under clause (6) of Statute 1, continue in officenotwithstanding the expiration of his term of office as Pro-Vice-Chancelloruntil a new Vice-Chancellor assumes his office or until the existingVice-Chancellor attends to the duties of his office, as the case may be.
(3) (a)The salary of a Pro-Vice-Chancellor shall be Rs.2,750 per month and where aProfessor is appointed to perform the functions of a Pro-Vice-Chancellor inaddition to his own functions as such Professor, he shall draw his pay in hissubstantive post plus a special pay of Rs.500 per month, whichever is less.
(b)Every Pro-Vice-Chancellor shall be entitled, without payment of rent, to theuse of a furnished residence throughout his term of office and no charge shallfall on the Pro-Vice-Chancellor personally in respect of maintenance of suchresidence.
(c) Inaddition to the salary specified in sub-clause (a), a Pro-Vice-Chancellor shallbe entitled to such other allowances as are admissible to the employees of theUniversity from time to time.
(d)Every Pro-Vice-Chancellor shall be entitled to such terminal benefits as may befixed by the Board of Management from time to time.
(e) ThePro-Vice-Chancellor shall be entitled to subscribe to the contributoryprovident fund of the University till the end of his tenure:
Providedthat where an employee of the University or a College or of any University orinstitution maintained by or affiliated to such other University is appointedas a Pro-Vice-Chancellor, he shall continue to be governed by the sameretirement benefit scheme to which he was entitled prior to his appointment asPro-Vice-Chancellor till he continues to hold his lien on that post, but underthis provision, the pay for the purpose of subscription to the GeneralProvident Fund and subscription to the University Contributory Provident Fundshall be the pay drawn by him as Pro-Vice-Chancellor.
(f)Every Pro-Vice-Chancellor shall assist the Vice-Chancellor in respect of suchmatters as may be specified by the Vice-Chancellor in this behalf from time totime and shall also exercise such powers and perform such functions as may bedelegated to him by the Vice-Chancellor.
4.TheDirectors
(1)Every Director shall be appointed by the Board of Management on therecommendation of-
(i) theVice-Chancellor, in case the candidate to be appointed is already a teacher ofthe University; and
(ii) aSelection Committee constituted for the purpose, in case the candidate to beappointed is from outside the University.
(2)Every Director shall be a whole-time salaried officer of the University:
Providedthat one of the Directors shall be in charge of the administrative affairs ofthe teachers.
(3) Theemoluments and other conditions of service of the Director shall be prescribedby the Ordinance.
Providedthat a Director shall retire on attaining the age of sixty years.
(4) ADirector shall exercise such powers and perform such functions as may, beprescribed by the Ordinances.
5.TheRegistrar
(1)Every Registrar shall be appointed by the Board of Management on therecommendation of a Selection Committee constituted for the purpose and heshall be a whole-time salaried officer of the University.
(2) Theemoluments and other conditions of service of a Registrar shall be prescribedby the Ordinances:
Providedthat a Registrar shall retire on attaining the age of sixty years.
(3) ARegistrar designated by the Board of Management shall have power to takedisciplinary action against such of the employees, excluding teachers and othermembers as may be specified by the Board of Management by order.
(4) Anappeal shall lie to an officer so designated by the Board of Management againstany order made by the Registrar in pursuance of clause (3).
(5) Incases where an inquiry discloses that a punishment beyond the powers of aRegistrar is called for, the Registrar shall, consequent to the enquiry, make areport to the Vice-Chancellor along with his recommendations for such action asthe Vice-Chancellor may deem fit:
Providedthat an appeal shall lie to the Board of Management against an order of theVice-Chancellor imposing any penalty.
(6)Such of the Registrars as is designated by the Board of Management shall be-
(i) theSecretary to the Board of Management ;
(ii)the Member-Secretary of the Academic Council;
(iii)the Member-Secretary of the Planning Board.
(7) ARegistrar so designated shall-
(a) bethe custodian of the records, the common seal and such other properties of theUniversity as the Board of Management may commit to his charge;
(b)issue notices and convene meetings of the Board of Management, the AcademicCouncil and the Planning Board and of the committees appointed by thoseauthorities;
(c)keep the minutes of the meetings of the Board of Management, the AcademicCouncil and the Planning Board and of the committees appointed by suchauthorities;
(d)conduct the official proceedings and correspondence of the Board of Management,the Academic Council and the Planning Board;
(e)supply to the Visitor, a copy of the agenda of the meetings of the authoritiesof the University as soon as they are issued and the minutes of such meetings;
(f)represent the University in suits or proceedings, by or against the University,sign powers of attorney, verify pleadings and depute his representative for thepurpose;
(g)perform such other functions as may be specified in the Statutes, Ordinances orRegulations or as may be required from time to time by the Board of Managementor the Vice-Chancellor.
6.TheFinance Officer
(1) TheFinance Officer shall be appointed by the Board of Management on therecommendation of a Selection Committee constituted for the purpose and heshall be a whole-time salaried officer of the University, and shall work underthe control of the Vice-Chancellor.
(2) Theemoluments and other conditions of service of the Finance Officer shall beprescribed by the Ordinance.
Providedthat the Finance Office shall retire on attaining the age of sixty years.
(3)When the office of the Finance Officer is vacant or when the Finance Officer isby reason of ill health absence or any other cause unable to perform hisfunctions as Finance Officer, his functions shall be performed by such personas the Vice-Chancellor may appoint for the purpose.
(4) TheFinance Officer shall-
(a)exercise general supervision of the funds of the University and advise it asregards its financial policies;
(b)perform such other financial functions as may be assigned to him by the Boardof Management or as may be prescribed by the Statutes or the Ordinances:
Providedthat the Finance Officer shall not incur any expenditure or make any investmentexceeding one lakh of rupees without the previous approval of the Board ofManagement.
(5).Subject to the control of the Vice-Chancellor and the Board of Management, theFinance Officer shall-
(a)hold and manage the properties and investments of the University, includingtrust and immovable properties for fulfilling any of the objects of theUniversity;
(b)ensure that the limits fixed by the Finance Committee for recurring andnon-recurring expenditure for a year are not exceeded and the money is expendedor spent for the purposes for which it was granted or allotted;
(c) beresponsible for the preparation of the annual accounts and the budget of theUniversity and for their presentation to the Board of Management after theyhave been considered by the Finance Committee;
(d)keep a constant watch on the cash and bank balances and investments;
(e)watch the progress of collection of revenue and advise on the methods ofcollection employed;
(f)ensure that the registers of properties of the University are maintainedproperly and that stock checking is conducted of equipments and other materialsin the offices of the University including Regional Centres, Study Centres andother institutions maintained by the University;
(g)bring to the notice of the Vice-Chancellor any unauthorised expenditure orother financial irregularities and suggest appropriate action against personsat fault;
(h)call from any office of the University, including Regional Centres, StudyCentres and other institutions maintained by the University, any information orreports that he may consider necessary for the performance of his functions.
(6) Anyreceipt given by the Finance Officer or by the person or persons dulyauthorised in this behalf by the Board of Management shall be a sufficientdischarge for payment of moneys to the University.
7.Powersand functions of the Board of Management
(1) TheBoard of Management shall have the power of management and administration ofthe revenue and property of the University and the conduct of alladministrative affairs of the University not otherwise provided for.
(2)Subject to the provisions of the Act, the Statutes and the Ordinances, theBoard of Management shall, in addition to the other powers vested in it underthe Statutes have the following powers, namely: –
(a) tocreate teaching and other academic posts and to define the functions andconditions of service of Professors, Readers, Lecturers and other teachers andother academic staff employed by the University
(b) toprescribe qualifications for teachers and other academic staff;
(c) toapprove the appointment of such Professors, Readers, Lecturers and otherteachers and academic staff as may be necessary on the recommendations of theSelection Committees constituted for the purpose;
(d) toapprove appointments to temporary vacancies of vacancies of academic staff;
(e) tospecify the manner of appointment to temporary vacancies of academic staff;
(f) toprovide for the appointment of visiting Professors, Emeritus Professors,Fellows, artists and writers and determine the terms and conditions of suchappointments;
(g) tomanage and regulate the finances, accounts, investments, property of theUniversity and all other affairs of the University and to appoint such agentsas may be considered fit;
(h) toinvest any money belonging to the University, including any unapplied income,in such stocks, funds, shares or securities as it thinks fit or in the purchaseof immovable property in India with like power of varying such investment fromtime to time, provided that no action under this clause shall be taken withoutconsulting the Finance Committee;
(i) tocreate administrative, ministerial and other necessary posts after taking intoaccount the recommendations of the Finance Committee and to specify the mannerof appointment thereto;
(j) toregulate and enforce discipline amongst the employees in accordance with theStatutes and Ordinances;
(k) totransfer or accept transfers of any immovable or movable property on behalf ofthe University;
(l) toentertain, adjudicate upon or redress the grievances of the employees and thestudents of the University who may, for any reason, feel aggrieved;
(m) tofix the remuneration payable to course writers, counsellors, examiners andinvigilators, and travelling and other allowances payable, after consulting theFinance Committee;
(n) toselect the common seal for the University and to provide for the use of suchseal;
(o) todelegate any of its powers to the Vice-Chancellor, Pro-Vice-Chancellors,Registers, the Finance Officer or any other officer, employee or authority ofthe University, or to a committee appointed by it;
(p) toinstitute fellowships, scholarships, studentships; and
(q) toexercise such other powers and perform such other functions as may be conferredor imposed on it by the Act or the Statutes.
(3) TheBoard of Management shall exercise all the powers of the University nototherwise provided for by the Act, Statutes, Ordinances and the Regulations forthe fulfilment of the objects of the University.
8.Quorumfor a meeting of the Board of Management
Sixmembers of the Board of Management shall form a quorum for a meeting of theBoard.
9.Powersof the Academic Council
Subjectto the Act, the Statutes and Ordinances, the Academic Council shall, inaddition to all other powers vested in it under the Statutes, shall have thefollowing powers, namely: —
(a) toexercise general supervision over the academic policies of the University andto give directions regarding methods of instruction, evaluation or research orimprovement in academic standards;
(b) toconsider matters of general academic interest either on its own initiative oron a reference from the Planning Board or a School of Studies or the Board ofManagement and to take appropriate action thereon; and
(c) toframe such regulations and rules consistent with the Statutes and theOrdinances regarding the academic functioning of the University, includingdiscipline, admissions, award of fellowships and studentships, fees and otheracademic requirements.
10.ThePlanning Board
(1) ThePlanning Board shall consist of not more than ten members.
(2) Allthe members of the Planning Board, other than the Vice-Chancellor, shall holdoffice for a term of three years.
(3) Itshall be the responsibility of the Planning Board to design and formulateappropriate programmes and activities of the University, and it shall, inaddition, have the right to advise the Board of Management and the AcademicCouncil on any matter which it may deem necessary for the fulfilment of theobjects of the University;
Providedthat in case there is any difference of opinion between the Planning Board andthe Academic Council on any matter, it shall be referred to the Board of Managementwhose decision shall be final.
(4) ThePlanning Board may constitute such committee as may be necessary for planningand monitoring the programmes of the University.
(5) ThePlanning Board shall meet at such intervals as it shall deem expedient, but itshall meet at least twice in a year.
11.TheFinance Committee
(1) TheFinance Committee shall consist of not more than seven members.
(2) Allthe members of the Finance Committee, other than the Vice-Chancellor, shallhold office for a term of three years from the date on which they becomemembers of the Committee.
(3)Four members of the Finance Committee shall form a quorum for a meeting of theCommittee.
(4) TheFinance Committee shall meet at least thrice a year to examine the accounts andscrutinise the expenditure.
(5) Allproposals relating to revision of grade, upgradation of the scales and thoseitems which are not included in the budget, shall be examined by the FinanceCommittee before they are considered by the Board of Management.
(6) Theannual accounts and the financial estimates of the University prepared by theFinance Officer shall be laid before the Finance Committee for considerationand comments, and thereafter submitted to the Board of Management within theoverall ceiling fixed by the Committee.
(7) TheFinance Committee shall fix the limits for the total recurring andnon-recurring expenditure for the year, based on income and resources of theUniversity, and no expenditure shall be incurred by the University in excess ofthe limits so fixed.
12.SelectionCommittees
(1)There shall be Selection Committees for making recommendations to the Board ofManagement for appointments to the posts of Professors, Readers, Lecturers andother academic staff and heads of institutions maintained by the University.
(2)Each of the Selection Committees for appointment to the post of Professors,Readers, Lecturers and the academic staff shall consist of the followingmembers, namely: –
(a) theVice-Chancellor;
(b) aPro-Vice-Chancellor or the Director of the School concerned nominated by theVice-Chancellor;
(c) aperson nominated by the Visitor; and
(d)three experts not connected with the University to be nominated by theVice-Chancellor in such manner as may be specified in the Ordinances.
(3) Thequorum for a meeting of a Selection Committee shall be four; which will includeat least two experts.
(4) Theprocedure to be followed by a Selection Committee in making recommendationsshall be laid down in the Ordinances.
(5) Ifthe Board of Management is unable to accept the recommendations made by aSelection Committee, it shall record its reasons for such non-acceptance andsubmit the case to the Visitor for final orders.
13.Specialmode of appointment
(1)Notwithstanding anything contained in Statue 12, the Board of Management mayinvite a person of high academic distinction and professional attainments toaccept the post of a Professor or a Reader or equivalent academic post in theUniversity on such terms and conditions as it may deem fit, and appoint theperson to such post.
(2) TheBoard of Management may appoint a teacher or any other academic staff workingin any other university or organisation for teaching or for undertaking aproject or any work on such terms and conditions as may be determined by theBoard in accordance with the manner specified by the Statutes.
14.Appointmentfor a fixed tenure
TheBoard of Management may appoint a person selected in accordance with theprocedure laid down in the Statutes for a fixed tenure on such terms andconditions as it may deem fit.
15.RecognisedTeachers
(1) Thequalifications for recognition of persons working in other universities,institutions or organisations as teachers shall be prescribed by theOrdinances.
(2) Themanner of recognising teachers, the period of recognition and withdrawal ofrecognition shall be prescribed by the Ordinances.
16.Committees
(1) Anyauthority of the University may appoint as many standing or special committeesas it may deem fit, and may appoint to such committees, persons who are notmembers of such authority.
(2) Anycommittee appointed under clause (1) may deal with any subject delegated to itsubject to the subsequent confirmation by the authority appointing it.
17.Termsand conditions of service and code of conduct of the teachers and otheracademic staff of the University
(1) Allthe teachers and other academic staff of the University shall, in the absenceof any contract to the contrary, be governed by the terms and conditions of serviceand code of conduct as are specified in the Statutes and the Ordinances.
(2)Every teacher and member of other academic staff of the University shall beappointed on a written contract, the form of which shall be specified in theStatutes.
(3) Acopy of every contract referred to in clause (2) shall be deposited with theRegistrar.
18.Termsand conditions of service and code of conduct of other employees of theUniversity.
All theemployees of the University, other than the teachers and other academic staffof the University, shall, in the absence of any contract to the contrary, begoverned by the term and conditions of service and code of conduct as arespecified in the Statutes and the Ordinances.
19.Removalof employees of the University.
(1) Wherethere is an allegation of misconduct against a teacher, a member of theacademic staff or other employee of the University, the Vice-Chancellor, in thecase of the teacher or member of the academic staff, and the authoritycompetent to appoint (hereinafter referred to as appointing authority) in thecase of other employee, may, by order in writing, place such teacher, member ofthe academic staff or other employee under suspension and shall forthwithreport to the Board of Management the circumstances in which the order wasmade.
(2)Notwithstanding anything contained in the terms of the contract of appointmentor of any other terms and conditions of service of the employees, the Board ofManagement in respect of teachers and other academic staff, and the appointingauthority, in respect of other employees, shall have the power to remove ateacher or a member of the academic staff, or as the case may be, otheremployee on grounds of misconduct.
(3)Save as aforesaid, the Board of Management, or as the case may be, theappointing authority, shall not be entitled to remove any teacher, member ofthe academic staff or other employee except for a good cause and after givingthree months’ notice or on payment of three months’ salary in lieu thereof.
(4) Noteacher, member of the academic staff or other employee shall be removed underclause (2) or clause (3) unless he has been given a reasonable opportunity ofshowing cause against the action proposed to be taken in regard to him.
(5) Theremoval of a teacher, member of the academic staff or other employee shall takeeffect from the date on which the order of removal is made:
Providedthat where the teacher, member of the academic staff or other employee is undersuspension at the time of this removal, such removal shall take effect from thedate on which he was placed under suspension.
(6)Notwithstanding anything contained in the foregoing provisions of this Statue,a teacher, member of the academic staff or other employee may resign, –
(a) ifhe is a permanent employee, only after giving three month’s notice in writingto the Board of Management or the appointing authority, as the case may be, orby paying three months’ salary in lieu thereof;
(b) ifhe is not a permanent employee, only after giving one month’s notice in writingto the Board of Management or, as the case may be, the appointing authority orby paying one month’s salary in lieu thereof:
Providedthat such resignation shall take effect only on the date on which theresignation is accepted by the Board of Management, or the appointingauthority, as the case may be.
20.Maintenanceof discipline amongst students of the University
(1) Thepowers regarding discipline and disciplinary action in regard to the studentsof the University shall vest with the Vice-Chancellor. The Vice-Chancellor maydelegates all or any of his powers, as he may deem fit.
(2)Without prejudice to the generality of his powers relating to the maintenanceof discipline and taking such action as he may deem appropriate for themaintenance of discipline, the Vice-Chancellor may, in the exercise of hispower, by order, direct that any student or students be expelled or rusticatedfor a specified period and not admitted to a course or courses of study in theUniversity or a recognised institution for a stated period, or be punished witha fine for an amount to be specified in the order, or debar him from taking anexamination or examinations conducted by the University or a recognisedinstitution for one or more years or that the result of the student or studentsconcerned in the examination or examinations in which he or she has appeared tobe cancelled.
Theheads of recognised institutions shall have the authority, to exercise all suchdisciplinary powers over the students in their respective institutions as maybe necessary for proper conduct of such institution.
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