NORTH-EASTERN HILL UNIVERSITY ACT 1973

THE NORTH-EASTERN HILL UNIVERSITY ACT, 1973

ACT No. 24 OF 1973

 

 

26th May, 1973

 

An Act to establish and incorporate a teaching and affiliatingUniversity for the hill areas of the North-Eastern region

 

WHEREASit is expedient to establish and incorporate a teaching and affiliatingUniversity for the benefit of the people of the hill areas of the North–Easternregion and to develop the intellectual, academic and cultural background of thesaid people;

 

ANDWHEREAS in pursuance of clause (1) of article 252 of the Constitution,resolutions have been passed by the Legislatures of the States of Meghalaya andNagaland to the effect that the setting up of a Central University for the hillareas of the North–Eastern region shall be regulated by Parliamentbylaw;

 

BE itenacted by Parliament in the Twenty–fourth Year of the Republic of India as follows: –

 

1.Shorttitle, extent and commencement: (1) This Act may becalled the North–Eastern Hill University Act, 1973.

 

(2) Itextends to the ¹ [Stateof Meghalaya] and the ² [Stateof Arunachal Pradesh].

 

(3) Itshall come into force on such date as the Central Government may, bynotification in the Official Gazette, appoint.

 

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1. Substituted for the words "States of Meghalaya andNagaland" the Nagaland University Act, 1989 (35 of 1989) Section 48 (i).

 

2. Substituted for the words "Union territories of ArunachalPradesh and Mizoram" by the Mizoram University Act, 2000(8 of 2000) Section 47 (i).

 

2.Definitions:In this Act, and in all Statutes made hereunder, unless thecontext otherwise requires, –

 

(a) "Academic Council" means the Academic Council of theUniversity;

 

(b) "academic staff" means such categories of staff asare designated as academic staff by the Ordinances;

 

(c) "Board of Studies" means the Board of Studies of theUniversity;

 

(d) "Chancellor", "Vice–Chancellor" and"Pro–Chancellor" mean, respectively, the Chancellor, Vice–Chancellorand Pro–Vice–Chancellor of the University;

 

(e) "College" means a College maintained by, or admittedto the privileges of, the University;

 

(f) "Court" means the Court of the University;

 

(g) "Department" means a Department of Studies, andincludes a Centre of Studies;

 

(h) "employee" means any person appointed by theUniversity, and includes teachers and other staff of the University;

 

(i) "Executive Council" means the Executive Council ofthe University;

 

(j) "Hall" means a unit of residence or of corporatelife for the students of the University, College or Institution, providedmaintained or recognised by the University;

 

(k) "Institution" means an academic Institution, notbeing a College, maintained by, or admitted to the privileges of, theUniversity;

 

(l) "North-Eastern region" means the North-Easternregion of India comprising the ¹ [State of Meghalaya] and the ²[State of Arunachal Pradesh];

 

(m) "Principal" means the Head of a College or anInstitution, and includes where there is no Principal, the person for the timebeing duly appointed to act as Principal, and, in the absence of the Principalor the acting Principal, a Vice–Principal duly appointed as such;

 

(n) "recognised teachers" means such persons as arerecognised by the University for the purpose of imparting instruction in aCollege or an Institution admitted to the privileges of the University;

 

(o) "School" means a School of Studies of theUniversity;

 

(p) "Statutes", "Ordinances" and"Regulations", mean, respectively, the Statutes, Ordinances andRegulations of the University for the time being in force;

 

(q) "teachers of the University" means Professors,Readers, Lecturers and such other persons as may be appointed for impartinginstruction or conducting research in the University or in any College orInstitution maintained by the University and are designated as teachers by theOrdinances;

 

(r) "University" means the North–Eastern Hill University.

 

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1. Substituted for the words "States of Meghalaya andNagaland" the Nagaland University Act, 1989 (35 of 1989) Section 48 (ii).

 

2. Substituted for the words "Union territories of ArunachalPradesh and Mizoram" by the Mizoram University Act, 2000(8 of 2000) Section 47 (ii).

 

3.TheUniversity: (1) There shall be established a Universityby the name of "North–Eastern Hill University".

 

(2) Theheadquarters of the University shall be at Shillong and it shall have campusesin the ¹ [State of Meghalaya]; it may also establishcampuses at such other places within its jurisdiction as it may deem fit.

 

(3) Thefirst Chancellor and the first Vice–Chancellor and the first members ofthe Court, the Executive Council and the Academic Council and all persons whomay hereafter become such officers or members, so long as they continue to holdsuch office or membership, are hereby constituted a body corporate by the nameof "North–Eastern Hill University".

 

(4) TheUniversity shall have perpetual succession and a common seal, and shall sue andbe sued by the said name.

 

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1. Substituted for the words "States of Meghalaya andNagaland" the Nagaland University Act, 1989 (35 of 1989) Section 48 (iii).

 

4.Objects: The objects of the University shall be to disseminate and advanceknowledge by providing instructional and research facilities in such branchesof learning as it may deem fit; to pay special attention to the improvement ofthe social and economic conditions and welfare of the people of the hill areasof the North–Eastern region and, in particular, their intellectual,academic and cultural advancement.

 

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

 

(1) toprovide for instruction in such branches of learning as the University may,from time to time, determine and to make provision for research and for theadvancement and dissemination of knowledge;

 

(2) totake such academic steps as would contribute to the improvement of the economicconditions and welfare of the people of the hills areas of the North–Easternregion;

 

(3) togrant, subject to such conditions as the University may determine, diplomas orcertificates to, and confer degrees and other academic distinctions on thebasis of examinations, evaluation or any other method of testing, on persons,and to withdraw any such diplomas, certificates, degrees or other academicdistinctions for good and sufficient cause;

 

(4) toorganise and to undertake extra–mural studies and extension services;

 

(5) toconfer honorary degrees or other distinctions in the manner prescribed by theStatutes;

 

(6) toprovide instruction, including correspondence and such other courses, to suchpersons as are not members of the University, as it may determine;

 

(7) toinstitute principalships, professorships, readerships, lecturerships, and otherteaching or academic posts required by the University and to appoint persons tosuch principalships, professorships, readerships, lecturerships or other posts;

 

(8) torecognise persons for imparting instruction in any College or Institutionadmitted to the privileges of the University;

 

(9) toappoint persons working in any other University or organisation as teachers ofthe University for a specified period;

 

(10) tocreate administrative, ministerial and other posts and to make appointmentsthereto;

 

(11) toco–operate or collaborate with any other University or authority in suchmanner and for such purposes as the University may determine;

 

(12) toestablish such campuses, centres, specialised laboratories or other units forresearch and instruction as are, in the opinion of the University, necessaryfor the furtherance of its objects;

 

(13) toinstitute and award fellowships, scholarships, studentships, medals and prizes;

 

(14) toestablish and maintain Colleges, Institutions and Halls;

 

(15) toadmit to its privileges Colleges and Institutions not maintained by theUniversity; to withdraw all or any of those privileges in accordance with suchconditions as may be prescribed by the Statutes; and to recognise Halls notmaintained by the University and to withdraw any such recognition;

 

(16) todeclare a College, an Institution or a Department as an autonomous College oran Institution or a Department, as the case may be;

 

(17) todetermine standards for admission into the University, which may includeexamination, evaluation or any other method of testing;

 

(18) todemand and receive payment of fees and other charges;

 

(19) tosupervise the residences of the students of the University and to makearrangements for promoting their health and general welfare;

 

(20) tomake special arrangements in respect of women students as the University mayconsider desirable;

 

(21) toregulate and enforce discipline among the employees and students of theUniversity and take such disciplinary measures in this regard as may be deemednecessary;

 

(22) tomake arrangements for promoting the health and general welfare of theemployees;

 

(23) toacquire, hold, manage and dispose of property, movable or immovable, includingtrust and endowment properties for the purposes of the University;

 

(24) toborrow, with the approval of the Central Government, on the security of theproperty of the University, money for the purposes of the University;

 

(25) todo all such other acts and things as may be necessary, incidental or conduciveto the attainment of all or any of its objects.

 

6.Jurisdiction:(1) The jurisdiction of the University shall extend to the ¹ [State of Meghalaya] and the ² [State of Arunachal Pradesh].

 

(2) Nocollege or Institution situated within the local limits of the jurisdiction ofthe University shall be compulsorily affiliated to the University, andaffiliation shall be granted by the University only to such Colleges orInstitutions as may agree to accept the Statutes and Ordinances.

 

(3) AnyCollege or Institution admitted to the privileges of the University shall ceaseto be associated with, or be admitted to the privileges of, any otherUniversity.

 

(4) NoCollege or Institution situated within the local limits of the jurisdiction ofthe University, but not admitted to its privileges, shall be associated with,or be admitted to the privileges of, any other University except with theprevious approval of the Government of the State in which, or the Administratorof the Union territory in which, such College or Institution is situate.

 

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1. Substituted for the words "States of Meghalaya andNagaland" the Nagaland University Act, 1989 (35 of 1989) Section 48 (iv).

 

2. Substituted for the words "Union territories of ArunachalPradesh and Mizoram" by the Mizoram University Act, 2000(8 of 2000) Section 47 (iii).

 

7.Universityopen to all classes, castes and creed: TheUniversity shall be open to persons of either sex and of whatever race, creed,caste, or class, and it shall not be lawful for the University to adopt orimpose on any person any test whatsoever of religious belief or profession inorder to entitle him to be admitted therein, as a teacher or student, or tohold any office therein, or to graduate thereat:

 

Providedthat nothing in this section shall be deemed to prevent the University frommaking special provisions for admission of students of the weaker sections ofthe people in the North–Eastern region and, in particular, of theScheduled Castes and the Scheduled Tribes.

 

8.Visitor:(1) The President of India shall be the Visitor of the University.

 

(2) TheVisitor shall have the right to cause an inspection to be made by such personor persons as he may direct, of the University, its buildings, laboratories andequipment, and of any College or Institution maintained by the University oradmitted to its privileges; and also of the examinations, teaching and otherwork conducted or done by the University and to cause an inquiry to be made inlike manner in respect of any matter connected with the administration orfinances of the University, Colleges or Institutions.

 

(3) TheVisitor shall, in every case, give notice of his intention to cause aninspection or inquiry to be made, –

 

(a) to the University, if such inspection or inquiry is to be madein respect of the University, College or Institution maintained by it, or

 

(b) to the management of the College or Institution, if theinspection or inquiry is to be made in respect of a College or an Institutionadmitted to the privileges of the University,

 

and theUniversity or the management, as the case may be, shall have the right to makesuch representations to the Visitor, as it may consider necessary.

 

(4)After considering the representations, if any, made by the University or themanagement, as the case may be, the Visitor may cause to be made suchinspection or inquiry as is referred to in sub–section (2).

 

(5)Where any inspection or inquiry has been caused to be made by the Visitor, theUniversity or the management, as the case may be, shall be entitled to appointa representative who shall have the right to be present and be heard at suchinspection or inquiry.

 

(6) TheVisitor may, if the inspection or inquiry is made in respect of the Universityor any College or Institution maintained by it, address the Vice–Chancellorwith reference to the result of such inspection or inquiry, and the Vice–Chancellorshall communicate to the Executive Council the views of the Visitor with suchadvice as the Visitor may be pleased to offer upon the action to be takenthereon.

 

(7) TheVisitor may, if the inspection or inquiry is made in respect of any College orInstitution admitted to the privileges of the University, address themanagement concerned through the Vice–Chancellor with reference to theresult of such inspection or inquiry, his views thereon and such advice as hemay be pleased to offer upon the action to be taken thereon.

 

(8) TheExecutive Council or the management, as the case may be, shall communicatethrough the Vice–Chancellor to the Visitor such action, if any, as it isproposed to take or has been taken upon the result of such inspection or inquiry.

 

(9)Where the Executive Council or the management does not, within a reasonabletime, take action to the satisfaction of the Visitor, the Visitor may, afterconsidering any explanation furnished or representation made by the ExecutiveCouncil or management, issue such directions as he may think fit and theExecutive Council or management, as the case may be, shall comply with suchdirections.

 

(10)Without prejudice to the foregoing provisions of this section, the Visitor may,by order in writing, annul any proceeding of the University which is not inconformity with this Act, the Status of 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 shown within areasonable time, he shall consider the same.

 

(11) TheVisitor shall have such other powers as may be prescribed by the Statutes.

 

9.ChiefRector: The Governor of the ¹ [State of Meghalaya] shall be the Chief Rector of the University.

 

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1. Substituted for the words "States of Meghalaya andNagaland" the Nagaland University Act, 1989 (35 of 1989) Section 48 (v).

 

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

 

(1) TheChancellor;

 

(2) TheVice–Chancellor;

 

(3) ThePro–Vice–Chancellors;

 

(4) TheDeans of Schools;

 

(5) TheRegistrar;

 

(7)Such other officers as may be declared by the Statutes to be officers of theUniversity.

 

11.TheChancellor: (1) The Chancellor shall be appointed bythe Visitor in such manner as may be prescribed by the Statutes.

 

(2) TheChancellor shall, by virtue of his office, be the Head of the University.

 

(3) TheChancellor shall, if present, preside at the convocations of the Universityheld for conferring degrees.

 

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

 

(2) TheVice–Chancellor shall be the principal executive and academic officer ofthe University, and shall exercise general supervision and control over theaffairs of the University and give effect to the decisions of all theauthorities of the University.

 

(3) TheVice–Chancellor may, if he is of opinion that immediate action isnecessary on any matter, exercise any power conferred on any authority of theUniversity by or under this Act and shall report to such authority the actiontaken by him on such matter:

 

Providedthat if the authority concerned is of opinion that such action ought not tohave been taken, it 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–sectionshall have the right to appeal against such action to the Executive Councilwithin three months from the date on which decision on such action iscommunicated to him and thereupon the Executive Council may confirm, modify orreverse the action taken by the Vice–Chancellor.

 

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

 

13.ThePro-Vice-Chancellors: Every Pro–Vice–Chancellorshall be appointed in such manner and shall exercise such powers and performsuch duties as may be prescribed by the Statutes.

 

14.Deansof Schools: Every Dean of a School shall be appointed insuch manner and shall exercise such powers and perform such duties as may beprescribed by the Statutes.

 

15.TheRegistrar: (1) The Registrar shall be appointed in such manner as may beprescribed by the Statutes.

 

(2) TheRegistrar shall have the power to enter into agreements, sign documents andauthenticate records on behalf of the University and shall exercise such otherpowers and perform such other duties as may be prescribed by the Statutes.

 

16.TheFinance Officer: The Finance Officer shall be appointed insuch manner and shall exercise such powers and perform such duties as may beprescribed by the Statutes.

 

17.Otherofficers: The manner of appointment and powers and duties of other officersof the University shall be prescribed by the Statutes..

 

18.Authoritiesof the University: The following shall beauthorities of the University: –

 

(1) TheCourt;

 

(2) TheExecutive Council;

 

(3) TheAcademic Council;

 

(4) TheBoard of Schools; and

 

(5)Such other authorities as may be declared by the Statutes to be authorities ofthe University.

 

19.TheCourt: (1) The constitution of the Court and the term of office of itsmembers shall be prescribed by the Statutes.

 

(2)Subject to the provisions of this Act, the Court shall have the followingpowers and functions, namely: –

 

(a) to review, from time to time, the broad policies andprogrammes of the University and to suggest measures for the improvement anddevelopment of the University;

 

(b) to consider and pass resolutions on the annual report and theannual accounts of the University and the audit report on such accounts;

 

(c) to advise the Visitor in respect of any matter which may bereferred to it for advice; and

 

(d) to perform such other functions as may be prescribed by theStatutes.

 

20.TheExecutive Council: (1) The Executive Council shallbe the principal executive body of the University.

 

(2) Theconstitution of the Executive Council, the term of office of its members andits powers and duties shall be prescribed by the Statutes.

 

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

 

(2) Theconstitution of the Academic Council, the term of office of its members and itspowers and duties shall be prescribed by the Statutes.

 

22.Otherauthorities of the University: The constitution, powersand functions of the Boards of Schools and of such other authorities as may bedeclared by the Statutes to be authorities of the University, shall beprescribed by the statutes.

 

23.PlanningBoard: (1) There shall be constituted a Planning Board of the Universitywhich shall advise generally on the planning and development of the Universityand keep under review the standard education and research in the University.

 

(2) ThePlanning Board shall consist of –

 

(a) the Vice–Chancellor, who shall be the Chairman, and

 

(b) not more than eight persons of high academic standing whoshall be appointed in such manner as may be prescribed by the Statutes.

 

(3) TheVisitor may determine a date with effect from which the Planning Board shallstand dissolved.

 

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

 

(a) the constitution, powers and functions of the authorities andother bodies of the University, as may be constituted from time to time;

 

(b) the election and continuance in office of the members of thesaid authorities and bodies, the filling of vacancies of members, and all othermatters relative to those authorities and other bodies for which it may benecessary or desirable to provide;

 

(c) the appointment, powers and duties of the officers of theUniversity and their emoluments;

 

(d) the appointment of teachers of the University and otheracademic staff and their emoluments;

 

(e) the appointment of teachers and other academic staff workingin any other University or organisation for a specified period for undertakinga joint project;

 

(f) the conditions of service of employees including provision forpension, insurance and provident fund, the manner of termination of service anddisciplinary action;

 

(g) the principles governing seniority of service of employees;

 

(h) the procedure for arbitration in cases of dispute betweenemployees or students and the University;

 

(i) the procedure for appeal to the Executive Council by anyemployee or student against the action of any officer or authority of theUniversity;

 

(j) the establishment and recognition of students’ Union orassociations of teachers, academic staff or other employees;

 

(k) the participation of students in the affairs of theUniversity;

 

(l) the conferment of honorary degrees;

 

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

 

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

 

(o) the maintenance of discipline among the students;

 

(p) the establishment and abolition of Schools, Departments,Halls, Colleges and Institutions;

 

(q) the conditions under which Colleges and Institutions may beadmitted to the privileges of the University and the withdrawal of suchprivileges;

 

(r) the delegation of powers vested in the authorities or officersof the University; and

 

(s) all other matters which by this Act are to be, or may be,provided by the Statutes.

 

25.Statuteshow made: (1) The first Statutes are those set out in the Schedule.

 

(2) TheExecutive Council may, form time to time, make new or additional Statutes ormay amend or repeal the Statutes referred to in sub–section (1):

 

Providedthat the Executive Council shall not make, amend or repeal any Statue affectingthe status, powers or constitution of any authority of the University untilsuch authority has been given an opportunity of expressing an opinion in writingon the proposed changes, and any opinion so expressed shall be considered bythe Executive Council.

 

(4) Anew Statue or a Statue amending or repealing an existing Statue shall have novalidity unless it has been assented to by the Visitor.

 

(5) Notwithstandinganything contained in the foregoing sub–section, the Visitor may makenew or additional Statutes or amend or repeal the Statutes referred to in sub–section(1) during the period of three years immediately after the commencement of thisAct:

 

Providedthat the Visitor may, on the expiry of the said period of three years make,within one year from the date of such expiry, such detailed Statutes as he mayconsider necessary and such detailed Statutes shall be laid before both Housesof Parliament.

 

26.Ordinances:(1) Subject to the provisions of this Act and the Statutes, theOrdinances may provide for all or any of the following matters, namely: –

 

(a) the admission of students to the University and theirenrolment as such;

 

(b) the courses of study to be laid down for all degrees, diplomasand certificates of the University;

 

(c) the medium of instruction and examination;

 

(d) the award of degrees, diplomas, certificates and otheracademic distinctions, the qualifications for the same and the means to betaken relating to the granting and obtaining of the same;

 

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

 

(f) the conditions of award of fellowships, scholarships,studentships, medals and prizes;

 

(g) the conduct of examinations, including the term of office andof appointment and the duties of examining bodies, examiners and moderators;

 

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

 

(i) the special arrangements, if any, which may be made for theresidence, discipline and teaching of women students and the prescribing ofspecial courses of studies for them;

 

(j) the appointment and emoluments of employees other than thosefor whom provision has been made in the Statutes;

 

(k) the establishment of Centres of Studies, Boards of Studies,Special Centres, specialised laboratories and other Committees;

 

(l) the manner of co–operation and collaboration with otherUniversities and authorities including learned bodies or association;

 

(m) the creation, composition and functions of any other bodywhich is considered necessary for improving the academic life of theUniversity;

 

(n) such other terms and conditions of service of teachers and otheracademic staff as are not prescribed by the Statutes;

 

(o) the management of Colleges and Institutions established by theUniversity;

 

(p) the supervision and management of Colleges and Institutionadmitted to the privileges of the University; and

 

(q) all other matters which by this Act or the Statutes may beprovided for 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 Executive Council in the mannerprescribed by the Statutes.

 

27.Regulations:The authorities of the University may make Regulations consistentwith this Act, the Statutes and the Ordinances for the conduct of their own businessand that of the Committees appointed by them and not prescribed by theStatutes.

 

28.Annualreport: (1) The annual report of the University shall be prepared underthe direction of the Executive Council and shall be submitted to the Court onor after such date as may be prescribed by the Statutes and the Court shallconsider the report in its annual meeting.

 

(2) TheCourt shall submit the annual report to the Visitor along with its comments, ifany.

 

29.Annualaccounts: (1) The annual accounts and balance–sheet of theUniversity shall be prepared under the directions of the Executive Council andshall once at least every year and at intervals of not more than fifteen monthsbe audited by the Comptroller and Auditor–General of India.

 

(2) Theannual accounts when audited shall be published in the Gazette of India and acopy of the accounts together with the report of the Comptroller and Auditor–Generalshall be submitted to the Court and the Visitor along with the observations ofthe Executive Council.

 

(3) Anyobservations made by the Visitor on the annual accounts shall be brought to thenotice of the Court and the observations of the Court, if any, shall, afterbeing considered by the Executive Council , be submitted to the Visitor.

 

30.Conditionsof service of employees: (1) Every employee shall beappointed under a written contract which shall be lodged with the Universityand a copy of which shall be furnished to the employee concerned.

 

(2) Anydispute arising out of a contract between the University and any employeeshall, at the request of the employee, be referred to a Tribunal of Arbitrationconsisting of one member appointed by the Executive Council, one membernominated by the employee concerned and an umpire appointed by the Visitor. Thedecision of the Tribunal shall be final, and no suit shall lie in any civilcourt in respect of the matters decided by the Tribunal. Every such requestshall be deemed to be a submission to arbitration upon the terms of thissection within the meaning of the Arbitration Act, 1940 (2 of 1940).

 

31.Procedureof appeal and arbitration in disciplinary cases against students: (1) Any student or candidate for an examination whose name hasbeen removed from the rolls of the University by the orders or resolution of theVice–Chancellor, Discipline Committee or Examination Committee, as thecase may be, and who has been debarred from appearing at the examinations ofthe University for more than one year, may, within ten days of the date ofreceipt of such orders or copy of such resolution by him, appeal to theExecutive Council and the Executive Council may confirm, modify or reverse thedecision of the Vice–Chancellor or the Committee, as the case may be.

 

(2) Anydispute arising out of any disciplinary action taken by the University againsta student shall, at the request of such student, be referred to a Tribunal ofArbitration and the provisions of sub–section (2) of section 30 shall,as far as may be, apply to a reference made under this sub–section.

 

32.Rightto appeal: Every employee or student of the Universityor of a College or Institution shall, notwithstanding anything contained inthis Act, have a right to appeal, within such time as may be prescribed by theStatutes, to the Executive Council against the decision of any officer orauthority of the University or of the Principal or the management of anycollege or Institution, as the case may be, and thereupon the Executive Councilmay confirm, modify or reverse the decision appealed against.

 

33.Providentand pension funds: (1) The University shallconstitute for the benefit of its employees such pension or provident 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) Wheresuch provident or pension fund has been so constituted, the Central Governmentmay declare that the provisions of the Provident Funds Act, 1925, (19 of 1925)shall apply to such fund, as if it were a Government provident fund.

 

34.Disputesas to constitution of University authorities and bodies: If any question arises as to whether any person has been dulyelected or appointed as, or is entitled to be, a member of any authority orother body of the University, the matter shall be referred to the Visitor whosedecision thereon shall be final.

 

35.Constitutionof Committees: Where any authority of the University isgiven power by this Act or the Statutes to appoint Committees, such Committeesshall, save as otherwise provided, consist of the members of the authorityconcerned and of such other persons (if any) as the authority in each case maythink fit.

 

36.Fillingof casual vacancies: All casual vacancies among themembers (other than ex–officio members) of any authority or other bodyof the University shall be filled , as soon as conveniently may be, by theperson or body who appointed, elected or co–opted the member whose placehas become vacant and the person appointed, elected or co–opted to acasual vacancy shall be a member of such authority or body for the residue ofthe term for which the person whose place he fills would have been a member.

 

37.Proceedingsof University authorities of bodies not invalidated by vacancies: No act or proceedings of any authority or other body of theUniversity shall be invalidated merely by reason of the existence of a vacancyor vacancies among its members.

 

38.Protectionof action taken in good faith: No suit or other legalproceedings shall lie against any officer or employee of the University foranything which is in good faith done or intended to be done in pursuance of anyof the provisions of this Act, the Statutes or Ordinances.

 

39.Modeof proof of University record: A copy of any receipt,application, notice, order, proceeding, resolution of any authority or Committeeof the University, or other documents in possession of the University, or anyentry in any register duly maintained by the University, if certified by theRegistrar, shall be received as prima facie evidence of such receipt,application, notice, order proceeding or resolution, documents or the existenceof entry in the register and shall be admitted as evidence of the matters andtransactions there in where the original thereof would, if produced, have beenadmissible in evidence, notwithstanding anything contained in the IndianEvidence Act, 1872 (1 of 1872) or in any other law for the time being in force.

 

40.Powerto remove difficulties: If any difficulty arises ingiving effect to the provisions of this Act, the Central Government may, byorder published in the Official Gazette, make such provisions, not inconsistentwith the provisions of this Act, as appear to it to be necessary or expedientfor removing the difficulty:

 

Providedthat no such order shall be made under this section after the expiry of threeyears from the commencement of this Act.

 

41.Transitionalprovisions: Notwithstanding anything contained in thisAct and the Statutes–

 

(a) the first Chancellor and the first Vice–Chancellorshall be appointed by the Visitor and each of the said officers shall holdoffice for a term of five years;

 

(b) the first Registrar and the first Finance Officer shall beappointed by the Visitor and each of the said officers shall hold office for aterm of three years;

 

(c) the first Court and the first Executive Court shall consist ofnot more than thirty members and eleven members respectively, who shall benominated by the Visitor and shall hold office for a term of three years;

 

(d) the first Academic Council shall be constituted on the expiryof a period of six months from the commencement of this Act and during the saidperiod of six months, the powers of the Academic Council shall be performed bythe Planning Board constituted under section 23;

 

(e) the first Academic Council shall consist of not more thantwenty–one members, who shall be nominated by the Visitor and shall holdoffice for a term of three years:

 

Provided that if any vacancy occurs in the above offices orauthorities, the same shall be filled by appointment or nomination, as the casemay be, by the Visitor, and the person so appointed or nominated shall holdoffice for so long as the officer or member in whose place he is appointed ornominated would have held office, if such vacancy had not occurred.

 

42.Completionof courses of students in Colleges or Institutions affiliated to theUniversity: Notwithstanding anything contained in thisAct, or in the Statutes or the Ordinances, any student of a College orInstitution, who, immediately before the admission of such College or Institutionto the privileges of the North–Eastern Hill University, was studying fora degree, diploma or certificate of the Gauhati University, shall be permittedby the North–Eastern Hill University to complete his course for thatdegree, diploma or certificate, as the case may be, and the North–EasternHill University and such College or Institution shall provide for theinstruction and examination of such student in accordance with the syllabus ofstudies of the Gauhati University.

 

THE SCHEDULE

[See section 25 (1)]

THE STATUTES OF THE UNIVERSITY

1.TheVice-Chancellor: (1) The Vice–Chancellor shall be awhole–time salaried officer of the University.

 

(2) TheVice–Chancellor shall hold office for a term of five years from the dateon which he enters upon his office and shall be eligible for re–appointmentfor not more than another term:

 

Providedthat notwithstanding the expiry of the said period of five years, he shallcontinue in office until his successor is appointed and enters upon his office:

 

Providedfurther that the Visitor may direct that a Vice–Chancellor, whose termof office has expired, shall continue in office for such period, not exceedinga total period of one year, as may be specified in the direction.

 

(3)Notwithstanding anything contained in clause (2), a person appointed as Vice–Chancellorshall, if he completes the age of sixty–five years during the term ofhis office or any extension thereof, retire from office.

 

(4) Theemoluments and other terms and conditions of service of the Vice–Chancellorshall be as follows: –

 

(i) There shall be paid to the Vice–Chancellor a salary oftwo thousand and five hundred rupees per mensem and he shall be entitled,without payment of rent, to use a furnished residence throughout his term ofoffice and no charge shall fall on the Vice–Chancellor personally inrespect of the maintenance of such residence.

 

(ii) The Vice–Chancellor shall no be entitled to thebenefits of the University Provident Fund;

 

Provided that where an employee of–

 

(a) the University or College or Institution maintained by, oraffiliated to, it; or

 

(b) any other University or College or Institution maintained by,or affiliated to, that University,

 

is appointed as Vice–Chancellor, he shall be allowed tocontinue to contribute to the provident fund to which he is subscriber, and thecontribution of the University shall be limited to what he had beencontributing immediately before his appointment as Vice–Chancellor.

 

(iii) The Vice–Chancellor shall be entitled to travellingallowances at such rates as may be fixed by the Executive Council.

 

(iv) The Vice–Chancellor shall be entitled to leave on fullpay for one–eleventh of the period spent by him on active service.

 

(v) The Vice–Chancellor shall also be entitled, on medicalgrounds or otherwise, to leave without pay for a period not exceeding threemonths during the term of his office:

 

Provided that such leave may be converted into leave on full payto the extent to which he is entitled to leave under sub–clause (iv).

 

(5) Ifthe office of the Vice–Chancellor becomes vacant due to death,resignation or otherwise or if he is unable to perform his duties owing toabsence, illness or any other cause, the Pro–Vice–Chancellor, thesenior–most Pro–Vice–Chancellor, shall perform the dutiesof the Vice–Chancellor until a new Vice–Chancellor assumes officeor until the existing Vice–Chancellor attends to the duties of hisoffice, as the case may be:

 

Providedthat if a Pro–Vice–Chancellor is not available, the senior–mostProfessor shall perform the duties of the Vice–Chancellor.

 

2.Powersand duties of the Vice Chancellor: (1) The Vice–Chancellorshall be ex–officio Chairman of the Court, the Executive Council, theAcademic Council and the Finance Committee, and shall, in the absence of theChancellor, preside at the convocations of the University held for conferringdegrees. The Vice–Chancellor shall be entitled to be present at, and toaddress, any meeting of any authority or other body of the University, butshall not be entitled to vote thereat unless he is a member of such authorityor body.

 

(2) Itshall be the duty of the Vice–Chancellor to see that this Act, theseStatutes, the Ordinances and the Regulations are duly observed, and he shallhave all powers necessary to ensure such observance.

 

(3) TheVice–Chancellor shall have the power to convene or cause to be convenedmeetings of the Court, the Executive Council, the Academic Council and theFinance Committee.

 

3.Pro-Vice-Chancellor: (1) Every Pro– Vice–Chancellorshall be appointed by the Executive Council on the recommendations of the Vice–Chancellor:

 

Providedthat where the recommendation of the Vice–Chancellor is not accepted bythe Executive Council, the matter shall be referred to the Visitor who mayeither appoint the person recommended by the Vice–Chancellor or ask theVice–Chancellor to recommend another person to Executive Council:

 

Providedfurther that the Executive Council may, on the recommendation of the Vice–Chancellor,appoint a Professor to discharge the duties of a Pro– Vice–Chancellorin addition to his own duties as a Professor.

 

(2) Theterm of office of a Pro– Vice–Chancellor shall be such as may bedecided by the Executive Council, but it shall not in any case exceed liveyears or until the expiration of the term of office of the Vice–Chancellor,whichever is earlier, and he shall be eligible for re–appointment:

 

Providedthat a Pro– Vice–Chancellor shall retire on attaining the age ofsixty–five years.

 

(3) Theemoluments and other terms and conditions of service of a Pro– Vice–Chancellorshall be such as may be prescribed by the Ordinances.

 

(4) APro– Vice–Chancellor shall assist the Vice–Chancellor inrespect of such matters as may be specified by the Vice–Chancellor inthis behalf, from time to time, and shall also exercise such powers and performsuch duties as may be assigned or delegated to him by the Vice–Chancellor.

 

4.TheRegistrar: (1) The Registrar shall be a whole–timesalaried officer of the University.

 

(2) Theemoluments and other terms and conditions of service of the Registrar shall besuch as may be prescribed by the Ordinances:

 

Providedthat the Registrar shall retire on attaining the age of sixty years:

 

Providedfurther that a Registrar shall, notwithstanding his attaining the age of sixtyyears, continue in office until his successor is appointed and enters upon hisoffice or until the expiry of a period of one year whichever is earlier.

 

(3) Whenthe office of the Registrar is vacant or when the Registrar is, by reason ofillness, absence or any other cause, unable to perform the duties of hisoffice, the duties of the office shall be performed by such person as the Vice–Chancellormay appoint for the purpose.

 

(4) (a) The Registrar shall have power to takedisciplinary action against such of the employees, excluding teachers andacademic staff, as may be specified in the orders of the Executive Council 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 penalty shall be imposed unless the personconcerned has been given a reasonable opportunity of showing cause against theaction proposed to be taken in regard to him.

 

(b) An appeal shall lie to the Vice–Chancellor against anyorder of the Registrar imposing any of the penalties specified in sub–clause(a).

 

(c) In a case where the inquiry discloses that a punishment beyondthe powers of the Registrar is called for, the Registrar shall, upon conclusionof the inquiry, make a report to the Vice–Chancellor along with hisrecommendations:

 

Provided that an appeal shall lie to the Executive Council againstan order of the Vice–Chancellor imposing any penalty.

 

(5) TheRegistrar shall be ex–officio Secretary of the Executive Council, theAcademic Council and the Boards of Schools, but shall not be deemed to be amember of any of these authorities. He shall be ex–officio Member–Secretaryof the Court.

 

(6) Itshall be the duty of the Registrar, –

 

(a) to be the custodian of the records, the common seal and suchother property of the University as the Executive Council shall commit to hischarge;

 

(b) to issue all notices convening meetings of the Court, theExecutive Council, the Academic Council, the Boards of Schools, the Boards ofStudies, the Boards of Examiners and of any Committees appointed by theauthorities of the University’

 

(c) to keep the minutes of all the meetings of the Court, theExecutive Council, the Academic Council, the Boards of Schools and of anyCommittees appointed by the authorities of the University;

 

(d) to conduct the official correspondence of the Court, theExecutive Council and the Academic Council;

 

(e) to arrange for and superintend the examinations of theUniversity in accordance with the manner prescribed by the Ordinances;

 

(f) to supply to the Visitor, copies of the agenda of the meetingsof the authorities of the University as soon as they are issued and the minutesof such meetings;

 

(g) to represent the University in suits or proceedings by oragainst the University, sign powers of attorney and verify pleadings or deputehis representative for the purpose; and

 

(h) to perform such other duties as may be specified in theseStatutes, the Ordinances or the Regulations or as may be required, from time totime, by the Executive Council or the Vice–Chancellor.

 

5.FinanceOfficer: (1) The Finance Officer shall be a whole–time salariedofficer of the University.

 

(2) Theemoluments and other terms and conditions of service of the Finance Officershall be such as may be prescribed by the Ordinances:

 

Providedthat a Finance Officer shall retire on attaining the age of sixty years:

 

Providedfurther that the Finance Officer shall, notwithstanding his attaining the ageof sixty years, continue in office until his successor is appointed and entersupon his office or until the expiry of a period of one year whichever isearlier.

 

(3) Whenthe office of the Finance Officer is vacant or when the Finance Officer is, byreason of illness, absence or any other cause, unable to perform the duties ofhis office, the duties of the office shall be performed by such person as theVice–Chancellor may appoint for the purpose.

 

(4) TheFinance Officer shall be ex–officio Secretary of the Finance Committee,but shall not be deemed to be member of such Committee.

 

(5) TheFinance Officer shall–

 

(a) exercise general supervision over the funds of the Universityand shall advise it as regards its financial policy; and

 

(b) perform such other financial functions as may be assigned tohim by the Executive Council or as may be prescribed by these Statutes or theOrdinances:

 

Provided that the Finance Officer shall not incur any expenditureor make any investment exceeding ten thousand rupees without the previousapproval of the Executive Council.

 

(6)Subject to the control of the Executive Council, the Finance Officer shall–

 

(a) hold and manage the property and investments of the Universityincluding trust and endowed property;

 

(b) ensure that the limits fixed by the Executive Council forrecurring and non–recurring expenditure for a year are not exceeded andthat all moneys are expended on the purposes for which they are granted orallotted;

 

(c) be responsible for the preparation of annual accounts and thebudget of the University and for their presentation to the Executive Council;

 

(d) keep a constant watch on the state of the cash and bankbalances and on the state of investments;

 

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

 

(f) ensure that the registers of buildings, land, furniture andequipment are maintained up–to–date and that stock–checkingis conducted, of equipment and other consumable materials in all offices,Special Centres, specialised laboratories, Colleges and Institutions maintainedby the University;

 

(g) call for explanation for unauthorised expenditure and forother financial irregularities and suggest disciplinary action against personsat fault; and

 

(h) call for from any office, Centre, laboratory, College orInstitution maintained by the University, any information or returns that hemay consider necessary for the performance of his duties.

 

(7) Thereceipt of the Finance Officer or of the person or persons duly authorised inthis behalf by the Executive Council for any money payable to the Universityshall be sufficient discharge for payment of such money.

 

6.Deansof Schools of Studies: (1) Every Dean of a School ofStudies shall be appointed by the Vice–Chancellor from among theProfessors in the School for a period of three years and he shall be eligiblefor re–appointment:

 

Providedthat a Dean on attaining the age of sixty years shall cease to hold office assuch:

 

Providedfurther that if at any time there is no Professor in a School, the Vice–Chancellor,or a Pro– Vice–Chancellor if authorised by the Vice–Chancellorin this behalf, shall exercise the powers of the Dean of the School.

 

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

 

(3) TheDean shall be the Head of the School and shall be responsible for the conductand maintenance of the standards of teaching and research in the School. TheDean shall have such other functions as may be prescribed by the Ordinances.

 

(4) TheDean shall have the right to be present and to speak at any meeting of theBoards of Studies or Committees of the School, as the case may be, but shallnot have the right to vote thereat unless he is a member thereof.

 

7.Headsof Departments: (1) In the case of Departments which havemore than one Professor, the Head of the Department shall be appointed by theExecutive Council on recommendation of the Vice–Chancellor from amongthe Professors.

 

(2) Inthe case of Departments where there is only one Professor, the ExecutiveCouncil shall have the option to appoint, on the recommendation of the Vice–Chancellor,either the Professor or a Reader as the Head of the Department:

 

Providedthat it shall be open to a Professor or Reader to decline the offer ofappointment as the Head of the Department.

 

(3) Aperson appointed as the Head of the Department shall hold office as such for aperiod of three years and shall be eligible for re–appointment.

 

(4) AHead of a Department may resign his office at any time during his tenure ofoffice.

 

(5) AHead of a Department shall perform such functions as may be prescribed by theOrdinances.

 

8.Deansof Students’ Welfare: (1) Every Dean of Students’Welfare shall be appointed from amongst the teachers of the University, notbelow the rank of a Reader, by the Executive Council on the recommendation ofthe Vice–Chancellor.

 

(2)Every Dean appointed under clause (1) shall be whole–time officer andshall hold office for a term of three years and shall be eligible for re–appointment:

 

Providedthat the Executive Council may, if it is considered necessary, appoint, on therecommendation of the Vice–Chancellor, a teacher, not below the rank ofa Reader, to discharge the duties of the Dean of Students’ Welfare in additionto his duties as such teacher, and in such a case, the Executive Council maysanction a suitable allowance to be paid to him.

 

(3) Aperson who is appointed as a Dean of Students’ Welfare shall continue to holdhis lien on his substantive post and shall be eligible to all the benefits thatwould have otherwise accrued to him, but for his appointment as the Dean ofStudents’ Welfare.

 

(4) Whenthe office of a Dean of Students’ Welfare is vacant or when the Dean ofStudents’ Welfare is, by reason of illness or absence or any other cause,unable to perform the duties of his office, the duties of the office shall beperformed by such person as the Vice–Chancellor may appoint for thepurpose.

 

(5) Theduties and powers of a Dean of Students’ Welfare shall be prescribed by theOrdinances.

 

9.Proctors:(1) Every Proctor shall be appointed by the Executive Council onthe recommendation of the Vice–Chancellor and shall exercise such powersand perform such duties as may be assigned to him by the Vice–Chancellor.

 

(2)Every Proctor shall hold office for a term of two years and shall be eligiblefor re–appointment.

 

10.Librarians: (1) Every Librarian shall be appointed by the Executive Councilon the recommendation of a Selection Committee constituted for the purpose andhe shall be a whole–time officer of the University.

 

(2)Every Librarian shall exercise such powers and perform such duties as may beassigned to him by the Executive Council.

 

11.Meetingsof the Court: (1) An annual meeting of the Court shall beheld on a date to be fixed by the Executive Council unless some other date hasbeen fixed by the Court in respect of any year.

 

(2) Atan annual meeting of the Court, a report on the working of the Universityduring the previous year, together with a statement of the receipts andexpenditure, the balance–sheet, as audited, and the financial estimatesfor the next year shall be presented.

 

(3) Acopy of the statement of receipts and expenditure, the balance sheet and thefinancial estimates referred to in clause (2) shall be sent to every member ofthe Court at least seven days before the date of the annual meeting.

 

(4)Twelve members of the Court shall form a quorum for a meeting of the Court.

 

(5)Special meetings of the Court may be convened by the Executive Council or theVice–Chancellor, or, if there is no Vice–Chancellor, by a Pro–Vice–Chancellor,or if there is no Pro– Vice–Chancellor, by the Registrar.

 

12.Quorumfor meetings of the Executive Council: Fivemembers of the Executive Council shall form a quorum for a meeting of theExecutive Council.

 

13.Powersand functions of Executive Council: (1) TheExecutive Council shall have the management and administration of the revenueand property of the University not otherwise provided for.

 

(2)Subject to the provisions of this Act, these Statutes and the Ordinances, theExecutive Council shall, in addition to all other powers vested in it, have thefollowing powers, namely: –

 

(i) to create teaching and academic posts, to determine thenumber and emoluments of such posts and to define the duties and conditions ofservice of Professors, Readers, Lecturers, and other academic staff andPrincipals of Colleges and Institutions maintained by the University:

 

Provided that no action shall be taken by the Executive Council inrespect of the number, qualifications and emoluments of teachers and academicstaff otherwise than after consideration of the recommendations of the AcademicCouncil;

 

(ii) to appoint such Professors, Readers, Lecturers and otheracademic staff, as may be necessary, and Principals of Colleges andInstitutions maintained by the University on the recommendation of theSelection Committee constituted for the purpose and to fill up temporaryvacancies therein;

 

(iii) to create administrative, ministerial and other necessaryposts and to make appointments thereto in the manner prescribed by theOrdinances;

 

(iv) to grant leave of absence to any officer of the University,other than the Chancellor and the Vice–Chancellor, and to make necessaryarrangements for the discharge of the functions of such officer during hisabsence;

 

(v) to regulate and enforce discipline among employees inaccordance with these Statutes and the Ordinances:

 

(vi) to manage and regulate the finances, accounts, investments,property, business and all other administrative affairs of the University, andfor that purpose, to appoint such agents as it may think fit;

 

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

 

(viii) to invest any money belonging to the University, includingany unapplied income, in such stocks, funds, shares or securities as it shall,from time to time, think fit, or in the purchase of immovable property inIndia, with the like powers of varying such investments from time to time;

 

(ix) to transfer or accept transfers of any movable or immovableproperty on behalf of the University;

 

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

 

(xi) to enter into, vary, carry out and cancel contracts on behalfof the University;

 

(xii) to entertain, adjudicate upon, and, if thought fit, toredress any grievances of the employees and students of the University, whomay, for any reason feel aggrieved;

 

(xiii) to appoint examiners and moderators and, if necessary toremove them, and to fix their fees, emoluments and travelling and otherallowances, after consulting the Academic Council;

 

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

 

(xv) to make such special arrangements as may be necessary for theresidence and discipline of women students;

 

(xvi) to delegate any of its powers to the Vice–Chancellor,the Pro– Vice–Chancellor, the Registrar or the FinanceOfficer or such other employee or authority of the University or to a Committeeappointed by it as it may deem fit;

 

(xvii) to institute fellowships, scholarships, studentships,medals and prizes; and

 

(xviii) to exercise such other powers and perform such otherduties as may be conferred or imposed on it by this Act, or these Statutes.

 

14.Quorumfor meetings of the Academic Council: Ninemembers of the Academic Council shall form a quorum for a meeting of theAcademic Council.

 

15.Powersof the Academic Council: Subject to this Act, theseStatutes and Ordinances, the Academic Council shall, in addition to all otherpowers vested in it, have the following powers, namely: –

 

(a) to exercise general supervision over the academic policies ofthe University and to give directions regarding methods of instruction, co–operativeteaching among Colleges and Institutions, evaluation of research orimprovements in academic standards;

 

(b) to bring about inter–School co–ordination, toestablish or appoint Committees or Boards, for taking up projects on an inter–Schoolbasis;

 

(c) to consider matters of general academic interest either on itsown initiative or on a reference by a School or the Executive Council and totake appropriate action thereon; and

 

(d) to frame such regulations and rules consistent with theseStatutes and Ordinances regarding the academic functioning of the University,discipline, residences, admissions, award of fellowships and studentships, feeconcessions, corporate life and attendance.

 

16.ThePlanning Board: (1) The members of the Planning Board shallbe appointed by the Visitor and shall hold office for such period as he maydetermine.

 

(2) ThePlanning Board shall, in addition to all other powers vested in it by this Act,have the right to advise the Executive Council and the Academic Council on anyacademic matter.

 

(3) Onthe date determined by the Visitor under sub–section (3) of section 23,this Statue shall cease to have effect.

 

17.Schoolsof Studies and Departments: (1) The University shall havesuch Schools of Studies as may be specified by the Ordinances.

 

(2)Every School shall have School Board. The members of the first School Boardshall be nominated by the Executive Council and shall hold office for a periodof three years.

 

(3) Thepowers and functions of School Board shall be prescribed by the Ordinances.

 

(4) Theconduct of the meetings of a School Board and the quorum required for suchmeetings shall be prescribed by the Ordinances.

 

(5) (a)Each School shall consist of such Departments as may be assigned to it by theOrdinances.

 

(b) No Department shall be established or abolished except bythese Statutes:

 

Provided that the Executive Council may, on the recommendation ofthe Academic Council, establish Centres of Studies to which may be assignedsuch teachers of the University as the Executive Council may consider necessary.

 

(c) Each Department shall consist of the following members,namely: –

 

(i) teachers of the Department;

 

(ii) persons conducting research in the Department;

 

(iii) Dean of the School or Deans of the Schools concerned;

 

(iv) honorary Professors, if any, attached to the Department; and

 

(v) such other persons as may be members of the Department inaccordance with the provisions of the Ordinances.

 

18.Boardsof Studies: (1) Each Department shall have two Boards ofStudies, one for Post–graduate Studies and the other for Under–graduateStudies.

 

(2) Theconstitution of a Board of Post–graduate Studies and the term of officeof its members shall be prescribed by the Ordinances.

 

(3) Thefunctions of a Board of Post–graduates Studies shall be to approve subjectsfor research for various degrees and other requirements of research degrees andto recommend to the concerned School Board is the manner prescribed by theOrdinances: –

 

(a) courses of studies and appointment of examiners for post–graduatecourses, but excluding research degrees;

 

(b) appointment of supervisors of research; and

 

(c) measures for the improvement of the standard of post–graduateteaching and research:

 

Provided that the above functions of a Board of Post–graduateStudies shall, during the period of three years immediately after thecommencement of this Act, be performed by the Department.

 

(4) Theconstitution and functions of a Board of Under–graduate Studies and theterm of office of its members shall be prescribed by the Ordinances.

 

19.FinanceCommittee: (1) The Finance Committee shall consist ofthe following members, namely: –

 

(i) The Vice–Chancellor;

 

(ii) A Pro–Vice–Chancellor appointed by theExecutive Council;

 

(iii) Three persons nominated by the Executive Council, out ofwhom at least one shall be member of the Executive Council; and

 

(iv) Three persons nominated by the Visitor.

 

(2) Fivemembers of the Finance Committee shall form a quorum for a meeting of theFinance Committee.

 

(3) Allthe members of the Finance Committee, other than ex–officio members,shall hold office for a term of three years.

 

(4) Amember of the Finance Committee shall have the right to record a minute ofdissent if he does not agree with any decision of the Finance Committee.

 

(5) TheFinance Committee shall meet at least twice every year to examine the accountsand to scrutinise proposals for expenditure.

 

(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 Executive Council for approval.

 

(7) TheFinance Committee shall recommend limits for the total recurring expenditureand the total non–recurring expenditure for the year, based on theincome and resources of the University (which, in the case of productive works,may include the proceeds of loans).

 

20.SelectionCommittees: (1) There shall be Selection Committees formaking recommendations to the Executive Council for appointment to the posts ofProfessor, Reader, Lecturer, Librarian and Principals of Colleges andInstitutions maintained by the University.

 

(2) TheSelection Committee for appointment to the posts specified in column 1 of theTable below shall consist of the Vice–Chancellor, a Pro–Vice–Chancellorappointed by the Executive Council, a nominee of the Visitor and the personspecified in the corresponding entry in column 2 of the said Table:

 

TABLE

———————————————–

1 2

———————————————–

 

Professor (i) TheHead 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 Executive Council, out of a panel of names recommended by theAcademic Council for their special knowledge of or interest in the subject withwhich the Professor will be concerned.

 

 

Reader/ (i) The Head of theDepartment concerned.

Lecturer

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

(iii) Two persons not in the service of the University, nominatedby the Executive Council, out of a panel of names recommended by the AcademicCouncil for their special knowledge of or interest in the subject with whichthe Reader or Lecturer will be concerned.

 

 

Librarian (i) Twopersons not in the service of the University, who have special knowledge of thesubject of Library Science/Library Administration to be nominated by theExecutive Council.

 

(ii) One person, not in the service of the University, nominatedby the Executive Council

 

 

Principal of Threepersons not in the service of the University of whom two shall

College or benominated by the Executive Council and one by the Academic

Institution Councilfor their special knowledge of or interest in a subject in which

Maintained by instruction isbeing provided by the College or Institution.

The University.

———————————————–

 

NOTE 1:Where the appointment is being made for an inter–disciplinary project,the Head of the Project shall be the Head of the Department concerned.

 

NOTE 2:The Professor to be nominated shall be a Professor concerned with thespeciality for which the selection is being made and that the Vice–Chancellorshall consult the Head of the Department and the Dean of School beforenominating the Professor.

 

(3) TheVice–Chancellor, or in his absence, the senior–most Pro–Vice–Chancellor,shall preside at the meetings of a Selection Committee.

 

(4) Themeetings of a Selection Committee shall be convened by the Vice–Chancelloror in his absence, by the senior–most Pro–Vice–Chancellor.

 

(5) Theprocedure to be followed by a Selection Committee in making recommendationshall be laid down in the Ordinances.

 

(6) Ifthe Executive Council is unable to accept the recommendation made by aSelection Committee, it shall record its reasons and submit the case to theVisitor for final orders.

 

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

 

(i) If the temporary vacancy is for a duration longer than oneacademic session, it shall be filled on the advice of the Selection Committeein accordance with the procedure indicated in the foregoing clauses:

 

Provided that if the Vice–Chancellor is satisfied that inthe interests of work it is necessary to fill the vacancy, the appointment maybe made on a purely temporary basis by a local Selection Committee referred toin sub–clause (ii) for a period not exceeding six months.

 

(ii) If the temporary vacancy is for a period less than a year, anappointment to such vacancy shall be made on the recommendation of a localSelection Committee consisting of the Dean of the School concerned, the Head ofthe Department and a nominee of the Vice–Chancellor:

 

Provided that if the same person holds the office of the Dean andthe Head of the Department, the Selection Committee may contain two nominees ofthe Vice–Chancellor:

 

Provided further that in case of sudden casual vacancies ofteaching posts caused by death or any other reason, the Dean may, inconsultation with the Head of the Department concerned, make a temporaryappointment for a month and report to the Vice–Chancellor and theRegistrar about such appointment.

 

(iii) No teacher appointed temporarily shall, if he is notrecommended by a regular Selection Committee for appointment under theseStatutes, be continued in service on such temporary employment, unless he issubsequently selected by a local Selection Committee or regular SelectionCommittee, for a temporary or permanent appointment, as the case may be.

 

21.Specialmode of appointment: (1) Notwithstanding anythingcontained in Statute 20, the Executive Council may invite a person of highacademic distinction and professional attainments to accept a post of Professoror Reader or any other academic post in the University, as the case may be, onsuch terms and conditions as it deems fit, and on the person agreeing to do so,appoint him to the post.

 

(2) TheExecutive Council may appoint a teacher or any other academic staff working inany other University or organisation for undertaking a joint project inaccordance with the manner laid down in the Ordinances.

 

22.Appointmentfor a fixed tenure: The Executive Council mayappoint a person selected in accordance with the procedure laid down in Statute20 for a fixed tenure on such terms and conditions as it deems fit.

 

23.Recognisedteachers: (1) The qualification of recognised teachers shall be such as maybe prescribed by the Ordinances.

 

(2) Allapplications for the recognition of teachers except on the recommendation of aSelection Committee constituted for the purpose in the manner laid down in theOrdinances.

 

(3) Noteacher shall be recognised as a teacher except on the recommendation of aSelection Committee constituted for the purpose in the manner laid down in theOrdinances.

 

(4) Theperiod of recognition of a teacher shall be determined by Ordinances made inthat behalf.

 

(5) TheAcademic Council may, by a special resolution passed by a majority of not lessthan two–thirds of the members present and voting withdraw recognitionfrom a teacher:

 

Providedthat no such resolution shall be passed until a notice in writing has beengiven to the person concerned calling upon him to show cause, within such timeas may be specified in the notice, why such resolution should not be passed anduntil his objection, if any, and any evidence he may produce in support ofthem, have been considered by the Academic Council.

 

(6) Anyperson aggrieved by an order of withdrawal under clause (5) may, within threemonths from the date of communication to him of such order, appeal to theExecutive Council which may pass such orders thereon as it thinks fit.

 

24.Committees: Any authority of the University may appoint as many standing orspecial committees as it may deem fit, and may appoint to such committeespersons who are not members of such authority. Any such committee may deal withany subject delegated to it subject to subsequent confirmation by the authorityappointing it.

 

25.Termsand conditions of service of University teachers: (1) Allthe teachers of the University shall, in the absence of any agreement to thecontrary, be governed by the terms and conditions of service as specified inthese Statutes, the Ordinances and the Regulations.

 

(2)Every teacher of the University shall be appointed on a written contract, theform of which shall be prescribed by the Ordinances. A copy of the contractshall be deposited with the Registrar.

 

26.Senioritylists: (1) Whenever, in accordance with these Statutes, any person is tohold an office or be a member of an authority of the University by rotationaccording to seniority, such seniority shall be determined according to thelength of continuous service of such person in his grade, and, in accordancewith such other principles as the Executive Council may, from time to time,prescribe.

 

(2) Itshall be the duty of the Registrar to prepare and maintain, in respect of eachclass of persons to whom the provisions of these Statutes apply, a complete andup–to–date seniority list in accordance with the provisions ofclause (1).

 

(3) Iftwo or more persons have equal length of continuous service in a particulargrade or the relative seniority of any person or persons is otherwise in doubt,the Registrar may, on his own motion and shall, at the request of any suchperson, submit the matter to the Executive Council whose decision thereon shallbe final.

 

27.Removalof teachers: (1) Where there is an allegation ofmisconduct against a teacher, or a member of the academic staff, the Vice–Chancellormay, if he thinks fit, by order in writing, place the teacher under suspensionand shall forthwith report to the Executive Council the circumstances in whichthe order was made:

 

Providedthat the Executive Council may, if it is of the opinion, that the circumstancesof the case do not warrant the suspension of the teacher or a member of theacademic staff, revoke such order.

 

(2)Notwithstanding anything contained in the terms of his contract of service orof his appointment, the Executive Council shall be entitled to remove a teacheror a member of the academic staff on the ground of misconduct.

 

(3) Saveas aforesaid, the Executive Council shall not be entitled to remove a teacheror a member of the academic staff except for good cause and after giving threemonths’ notice in writing or on payment of three months’ salary in lieu ofnotice.

 

(4) Noteacher or member of the academic staff shall be removed under clause (2) orunder clause (3) until he has been given a reasonable opportunity of showingcause against the action proposed to be taken in regard to him.

 

(5) Theremoval of a teacher or a member of the academic staff shall require a two–thirdsmajority of the members of the Executive Council present and voting.

 

(6) Theremoval of a teacher or a member of the academic staff shall take effect fromthe date on which the order of removal is made:

 

Providedthat where a teacher or a member of the academic staff is under suspension atthe time of his removal, the removal shall take effect from the date on whichhe was placed under suspension.

 

(7)Notwithstanding anything contained in these Statutes, a teacher or member ofthe academic staff may resign by giving three months’ notice in writing to theExecutive Council or on payment of three months’ salary in lieu thereof.

 

28.Removalof employees other than teachers of the University: (1)Notwithstanding anything contained in the terms of his contract of service orof his appointment, an employee, other than a teacher or a member of theacademic staff, may be removed by the authority which is competent to appointthe employee–

 

(a) if he is of unsound mind or is a deaf–mute or suffersfrom contagious leprosy;

 

(b) if he is an undischarged insolvent;

 

(c) if he has been convicted by a court of law of any offenceinvolving moral turpitude and sentenced in respect thereof to imprisonment fornot less than six months;

 

(d) if he is otherwise guilty of misconduct:

 

Providedthat no employee shall be removed from his office unless a resolution to thateffect is passed by the Executive Council by a majority of two–thirds ofits members present and voting.

 

(2) Noemployee shall be removed under clause (1) until he has been given a reasonableopportunity of showing cause against the action proposed to be taken in regardto him.

 

(3)Where the removal of such employee is for a reason other than that specified insub–clause (c) or sub–clause (d) of clause (1), he shall be giventhree months’ notice in writing or paid three months’ salary in lieu of suchnotice.

 

(4)Notwithstanding anything contained in these Statutes, an employee, not being ateacher or a member of the academic staff, shall be entitled to resign, –

 

(i) if he is a permanent employee, only after giving three month’snotice in writing to the appointing authority or paying to the University threemonths’ salary in the lieu thereof;

 

(ii) if he is not a permanent employee, only after giving onemonths’ notice in writing to the appointing authority or paying to theUniversity one month’s salary in lieu thereof:

 

Provided that such resignation shall take effect from the date onwhich the resignation is accepted by the appointing authority.

 

29.Honorarydegrees: (1) The Executive Council may, on the recommendation of theAcademic Council and by a resolution passed by a majority of not less than two–thirdsof the members present and voting, make proposals to the Visitor for theconferment of honorary degrees:

 

Providedthat in case of emergency, the Executive Council may, on its own, make suchproposals.

 

(2) TheExecutive Council may, by a resolution passed by a majority of not less thantwo–thirds of the members present and voting, withdraw, with theprevious sanction of the Visitor, any honorary degree conferred by theUniversity.

 

30.Withdrawalof degrees, etc: The Executive Council may, by aspecial resolution passed by a majority of not less than two–thirds ofthe members present and voting, withdraw any degree or academic distinctionconferred on, or any certificate or diploma granted to, any person by theUniversity for good and sufficient cause:

 

Providedthat no such resolution shall be passed until a notice in writing has beengiven to that person calling upon in to show cause within such time as may bespecified in the notice why such a resolution should not be passed and untilhis objections, if any, and any evidence he may produce in support of them,have been considered by the Executive Council.

 

31.Maintenanceof discipline among students of the University: (1) Allpowers relating to discipline and disciplinary action in relation to studentsof the University shall vest in the Vice–Chancellor.

 

(2) TheVice–Chancellor may delegate all or any of his powers as he deems properto a Proctor and to such other officers as he may specify in this behalf.

 

(3)Without prejudice to the generality of his powers relating to the maintenanceof discipline and taking such action, as may seem to him appropriate for themaintenance of discipline, the Vice–Chancellor may, in the exercise ofhis powers, by order, direct that any student or students be expelled, orrusticated, for a specified period, or be not admitted to a course or coursesof study in a College, Institution or Department of the University for a statedperiod, or be punished with fine for an amount to be specified in the order, orbe debarred from taking an examination or examinations conducted by theUniversity, College, Institution or a Department for one or more years, or thatthe results of the student or students concerned in the examination orexaminations in which he or they have appeared be cancelled.

 

(4) ThePrincipals of Colleges, Institutions, Heads of Special Centres, Deans ofSchools of Studies and Heads of teaching Departments in the University shallhave the authority to exercise all such disciplinary powers over the studentsin their respective Colleges, Institutions, Special Centres, Schools andteaching Departments in the University as may be necessary for the properconduct of such Colleges, Institutions, Special Centres, Schools and teachingin the Departments.

 

(5)Without prejudice to the powers of the Vice–Chancellor, the Principalsand other persons specified in clause (4), detailed rules of discipline andproper conduct shall be made by the University. The Principals of Colleges,Institutions, Heads of Special Centres, Deans of Schools of Studies and Headsof teaching Departments in the University may also make the supplementary rulesas they deem necessary for the aforesaid purposes. Every student shall besupplied with a copy of the rules made by the University and a copy of thesupplementary rules shall be supplied to the students concerned.

 

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

 

32.Maintenanceof discipline among students of College, etc: Allpowers relating to discipline and disciplinary action in relation to studentsof a College or an Institution, not maintained by the University, shall vest inthe Principal of the College or Institution, as the case may be, in accordancewith the procedure prescribed by the Ordinances.

 

33.Admissionof College, etc., to the privileges of the University: (1) Colleges and other Institutions situated within thejurisdiction of the University may be admitted to such privileges of theUniversity as the Executive Council may decide on the following conditions,namely: –

 

(i) Every such College or Institution shall have a regularlyconstituted Governing Body, consisting of not more than fifteen personsapproved by the Executive Council and including, among others, two teachers ofthe University to be nominated by the Executive Council and threerepresentatives of the teaching staff of whom the Principal of the College orInstitution shall be one. The procedure for appointment of members of theGoverning Body and other matters affecting the management of a College or anInstitution shall be prescribed by the Ordinances:

 

Provided that the said condition shall not apply in the case ofColleges and Institutions maintained by Government which shall, however, havean Advisory Committee consisting of not more than fifteen persons which shallconsist of, among others, three teachers including the Principal of the Collegeor Institution, and two teachers of the University nominated by the ExecutiveCouncil.

 

(ii) Every such College or Institution shall satisfy the ExecutiveCouncil on the following matters, namely: –

 

(a) the suitability and adequacy of its accommodation andequipment for teaching;

 

(b) the qualifications and adequacy of its teaching staff and theconditions of their service;

 

(c) the arrangements for the residence, welfare, discipline andsupervision of students;

 

(d) the adequacy of financial provision made for the continuedmaintenance of the College or Institution; and

 

(e) such other matters are essential for the maintenance of thestandards of University education.

 

(iii) No College or Institution shall be admitted to anyprivileges of the University except on the recommendation of the AcademicCouncil made after considering the report of a Committee of Inspectionappointed for the purpose by the Academic Council.

 

(iv) Colleges and Institutions desirous of admission to anyprivileges of the University shall be required to intimate their intention todo so in writing so as to reach the Registrar not later than the 15th August,preceding the year from which permission applied for is to have effect.

 

(v) A College or an Institution shall not, without the previouspermission of the Executive Council and the Academic Council, suspendinstruction in any subject or course of study which it is authorised to teachand teaches.

 

(2)Appointment to the teaching staff and Principals of Colleges or Institutionsadmitted to the privileges of the University shall be made in the mannerprescribed by the Ordinances:

 

Providedthat nothing in this clause shall apply to Colleges and Institutions maintainedby Government.

 

(3) Theservice conditions of the administrative and other non–academic staff ofevery College or Institution referred to in clause (2) shall be such as may belaid down in the Ordinances:

 

Providedthat nothing in this clause apply to Colleges and Institutions maintained byGovernment.

 

(4)Every College or Institution admitted to the privileges of the University shallbe inspected at least once in every two academic years by a Committee appointedby the Academic Council, and the report of that Committee shall be submitted tothe Academic Council, which shall forward the same to the Executive Councilwith such recommendations as it may deem fit to make. The Executive Council,after considering the report and the recommendations, if any, of the AcademicCouncil, shall forward a copy of the report to the Governing Body of theCollege or Institution with such remarks, if any, as it may deem fit, forsuitable action.

 

(5) TheExecutive Council may, after consulting the Academic Council, withdraw anyprivileges granted to a College or Institution, at any time it considers thatthe College or Institution does not satisfy any of the conditions on thefulfilment of which the College or Institution was admitted to such privileges:

 

Providedthat before any privileges are so withdrawn, the Governing Body of the Collegeor Institution concerned shall be given an opportunity to represent to theExecutive Council why such action should not be taken.

 

(6)Subject to the conditions set forth in clause (1), the Ordinances may prescribe–

 

(i) such other conditions as may be considered necessary;

 

(ii) the procedure for the admission of Colleges and Institutionsto the privileges of the University and for the withdrawal of those privileges.

 

34.Convocations: Convocations of the University for the conferring of degrees orfor other purposes shall be held in such manner as may be prescribed by theOrdinances.

 

35.ActingChairman of meetings: Where no provision is made fora President or Chairman to preside over a meeting of any authority of theUniversity or any Committee of such authority or when the President or Chairmanso provided for is absent, the members present shall elect one from amongthemselves to preside at such meeting.

 

36.Resignation: Any member, other than an ex–officio member of the Court,the Executive Council, the Academic Council or any other authority of theUniversity or any Committee of such authority may resign by letter addressed tothe Registrar and the resignation shall take effect as soon as such letter isreceived by the Registrar.

 

37.Disqualifications: (1) A person shall be disqualified for being chosen as, and forbeing, a member of any of the authorities of the University–

 

(a) if he is of unsound mind or is a deaf–mute or suffersfrom contagious leprosy;

 

(b) if he is an undischarged insolvent;

 

(c) if he has been convicted by a court of law of an offenceinvolving moral turpitude and sentenced in respect thereof to imprisonment fornot less than six months.

 

(2) Ifany question arises as to whether a person is or had been subjected to any ofthe disqualifications mentioned in clause (1), the question shall be referredfor the decision of the Visitor and his decision shall be final and no suit orother proceeding shall lie in any civil court against such decision.

 

38.Residencecondition for membership and office:Notwithstanding anything contained in these Statutes, no person who is notordinarily resident in India shall be eligible to be an officer of the Universityor a member of any authority of the University.

 

39.Membershipof authorities by virtue of membership of other bodies: Notwithstanding anything contained in these Statutes, a personwho holds any post in the University or is a members of any authority or bodyof the University in his capacity as a member of a particular authority or bodyor as the holder of a particular appointment shall hold such office ormembership only for so long as he continues to be a member of that particularauthority or body or the holder of that particular appointment, as the case maybe.

 

40.AlumniAssociation: (1) There shall be an Alumni Association forthe University.

 

(2) Thesubscription for membership of the Alumni Association shall be prescribed bythe Ordinances.

 

(3) Nomember of the Alumni Association shall be entitled to vote or stand forelection unless he has been a member of the Association for at least one yearprior to the date of the election and is a graduate of the University of atleast five years’ standing:

 

Providedthat the condition relating to the completion of one year’s membership shallnot apply in the case of the first election.

 

41.Ordinanceshow made: (1) The first Ordinances made under sub–section (2) ofsection 26 may be amended, repealed or added to at any time by the ExecutiveCouncil in the manner specified below.

 

(2) NoOrdinance in respect of the matters enumerated in section 26, other than thoseenumerated in clause (n) of sub–section (1) thereof, shall be made bythe Executive Council unless a draft of such Ordinance has been proposed by theAcademic Council.

 

(3) TheExecutive Council shall not have power to amend any draft of any Ordinanceproposed by the Academic Council under clause (2), but may reject the proposalor return the draft to the Academic Council for re–consideration, eitherin whole or in part, together with any amendment which the Executive Councilmay suggest.

 

(4)Where the Executive Council has rejected or returned the draft of an Ordinanceproposed by the Academic Council, the Academic Council may consider thequestion afresh and in case the original draft is re–affirmed by amajority of not less than two–thirds of the members present and votingand more than half the total number of members of the Academic Council, thedraft may be sent back to the Executive Council which shall either adopt it orrefer it to the Visitor whose decision shall be final.

 

(5)Every Ordinance made by the Executive Council shall come into effectimmediately.

 

(6)Every Ordinance made by the Executive Council shall be submitted to the Visitorwithin two weeks from the date of its adoption. The Visitor shall have thepower to direct the University within four weeks of the receipt of theOrdinance to suspend the operation of any such Ordinance and he shall, as soonas possible, inform the Executive Council about his objection to the proposedOrdinance. The Visitor may after receiving the comments of the University,either withdraw the order suspending the Ordinance or disallow the Ordinance,and his decision shall be final.

 

42.Regulations: (1) The authorities of the University may make Regulationsconsistent with this Act, and these Statutes and the Ordinances: –

 

(a) laying down the procedure to be observed at their meetings andthe number of members required to form a quorum;

 

(b) providing for all matters which are required by this Act,these Statutes or the Ordinances to be prescribed by Regulations;

 

(c) providing for all other matters solely concerning suchauthorities or committees appointed by them and not provided for by this Act,these Statutes or the Ordinances.

 

(2)Every authority of the University shall make Regulations providing for thegiving of notice to the members of such authority of the dates of meetings andof the business to be considered at meetings and for the keeping of a record ofthe proceedings of meetings.

 

(3) TheExecutive Council may direct the amendment in such manner as it may specify, ofany Regulation made under this Statute or the annulment of any such Regulation.

 

43.Delegationof powers: Subject to the provisions of this Act and these Statutes, andofficer or authority of the University may delegate his or its powers to anyother officer or authority or person under his or its respective control andsubject to the condition that overall responsibility for the exercise of thepowers so delegated shall continue to vest in the officer or authoritydelegating such powers.