TEZPUR UNIVERSITY ACT 1993
EmailTHE TEZPUR UNIVERSITY ACT, 1993
ACT No. 45 OF 1993
1st June,1993
An Act to establish and incorporate a teaching and residentialuniversity in the state of Assamat Tezpur and to provide for matters connected therewith or incidental thereto
BE it enacted by parliament inthe Forty–fourth year of the Republicof India as follows; –
1.Short title and commencement: (1) This Act may be called theTezpur University Act, 1993.
(2) It shall come intoforce on such date as the central Government may, by notification in theofficial Gazette, appoint.
2.Definitions: In this Act, and in allstatutes made hereunder unless the context otherwise requires:
(a) "Academic council" means the Academic Council of the University;
(b) "academic staff"means such categories of staff as are designated as academic staff by theordinance;
(c)" Board of Management" means the Board of Management of the University;
(d) "board of studies" means the Board of studies of the university;
(e)" Chancellor","vice–chancellor" and "Pro–vice–chancellor"mean respectively, the chancellor, vice–chancellor, pro–vice–chancellorof the university ;
(f)"college " means acollege maintained by the university ;
(g)"Department "means a Department of studies, and includes a center of studies.
(h) "distance educationsystem " means the system of imparting education through any means ofcommunication, such as broadcasting, telecasting, correspondence courses,seminars, contact programmers, or the combination of any two Ordinance moresuch means;
(i) :"employee "means any person appointed by the university, and includes teachers and otherstaff of the university ;
(j)"financecommittee" means the finance committee of the university ;
(k)"Hall "means 1981unit of residence Ordinance of corporate life for the students of theuniversity, Or of 1981 college Ordinance of an institution, maintained by theuniversity ;
(l) "Institution "means an academic institution, not being 1981 college,maintained by theuniversity ;
(m)"Planning and academiccommittee" means the planning and academic committee of the university ;
(n) "Planning Board "means the planning Board of the university ;
(o)"Principal" meansthe head of the college Or an institution maintained by the university, andincludes, where there is no principal, the person for the time being dulyappointed to act as a principal, and, in the absence of the principal Or theacting principal, a vice principal duly appointed as such;
(p) "recongnisedinstitution ‘ means an institution of higher learning recognised by theuniversity ;
(q)"recognisedteachers" means such persons as may be Recognised by the university forthe purpose of imparting instructions in a college or an institution maintainedby the university ;
(r) "Regulations "means the regulations made by any authority of the university under this Actfor the time being in force;
(s) "School " means aschool of studies of the university ;
(t) "Status " and" ordinances " means, respectively the statutes and ordinance of theuniversity for the time being in force;
(u) teachers of the university" means professors, readers,lectures and such other persons as may beappointed for imparting instruction or conducting research in the university orin any college or institution maintained by the university and are designed asteachers by the ordinances;
(v) "university "means the Tezpur University established under this Act.
3.The University: (1) There shall be establisheda university by the name of "Tezpur university ";
(2) The headquarters of theuniversity shall be at Tezpur and it may also establish campus at such otherplaces within its jurisdiction as it may deem fit.
(3) The first vice –chancellorand the first members of the Board of Management, the planning and Academiccommittee or the Academic Council or the planning board and all persons who mayhereafter become such officers or members so long as they continue to hold suchoffice or membership are hereby constituted a body corporate a body corporateby the name of "Tezpur university ".
(4) The university shall haveperpetual succession and a common seal and shall sue and be sued by the saidname.
4.Objects of the University: The objects of the universityshall be to disseminate and advance knowledge by providing instructional andresearch facilities in such branches of learning as it may deem fit, to makeprovisions for integrated courses in humanities, natural and physical sciences,social sciences, agricultural science and forestry and other allied disciplinesin the educational programmers of the university; to make appropriate measuresfor promoting innovations in teaching –learning processes, inter–disciplinarystudies and research ; to educate and train manpower for the development of thestate of Assam ; and to pay special attention to the improvement of the socialand economic conditions and welfare of the people of that state, theirintellectual, academic and cultural development ; and the university shall inorganising its activities, have due regard to the objects specified in thefirst schedule.
5.Powers of the University: The university shall have thefollowing powers, namely; –
(i) to provide for instructionin such branches of learning as the university may from time to time, determineand to make provision for research and for the advancement and dissemination ofknowledge ;
(ii) to grant, subject to such conditions asthe university may determine, diplomas or certificates to, and confer degreesor other academic distinctions on the basis of examinations, evaluation or anyother method of testing on, persons and to withdraw any such diplomas,certificates, degrees or other academic distinctions for good and sufficientcause;
(iii) to organise and to undertake extra muralstudies, training and extension services.
(iv) to confer honorary degreesor other distinctions in the manner prescribed by the statutes;
(v) to provide facilitiesthrough the distance education systems to such persons as it may determine;
(vi) to instituteprincipalships, professionals, readerships, Leaderships and other teaching oracademic positions, required by the university and to appoint persons to suchprincipalships, professorships, Readerships, Lecture ships or other teaching onacademic positions.
(vii) to recognise aninstitution of higher learning for such purposes as the university maydetermine and to withdraw such recognition.
(viii) to recognise persons forimparting instructions in any college or institution maintained by theuniversity ;
(ix) to appoint persons workingin any other university or organisation as teacher of the university for aspecified period;
(x) to create administrative,ministerial and other posts and to make appointments thereto;
(xi) to co–operate orcollaborate or associate with any other university or authority or institutionof higher learning in such manner and for such purposes as the university maydetermine;
(xii) to establish suchcampuses, special centres, specified laboratories or other units for researchand instruction as are, in the opinion of the university, necessary for thefurtherance of its objects;
(xiii) to institute and awardfellowships, scholarships, studentships, medals and prizes;
(xiv) to establish and maintaincolleges, institutions and halls.
(xv) to make provision forresearch and advisory services and for that purpose to enter into sucharrangements with other institution, industrial or other organisations as theuniversity may deem necessary;
(xvi) to organise and conductrefresher courses, workships seminars and other programmes for teachers,evaluators and other academic staff;
(xvii) to make specialarrangements in respect of the residence, discipline and teaching of womanstudents as the university may consider desirable;
(xviii) to appoint on contractor otherwise visiting professors, Emeritus professors, consultants, Scholarsand such other persons who may contribute to the advancement of the objects ofthe university ;
(xix) to confer autonomous statuson a college or an institution or a department, as the case may be, inaccordance with the statutes;
(xx) to determine standards ofadmission to the university, which may include examination, evaluation or anyother method of testing;
(xxi) to demand and receivepayment of fees and other charges;
(xxii) to supervise theresidences of the students of the university and to make arrangement forpromoting their health and general welfare;
(xxiii) to lay down conditionsof service of all categories of employees, including their code o f conduct;
(xxiv) to regulate and enforcediscipline among the students and the employees, and to take such disciplinarymeasures in this regard as may be deemed by the university to be necessary;
(xxv) to make arrangements forpromoting the health and general welfare of the employees;
(xxvi) to receive benefactions,donations and gifts and to acquire, hold, manage, and dispose of any property,movable or immovable, including trust and endowment properties for the purposesof the university ;
(xxvii) to borrow, with theapproval of the central government, on the security of the property of theuniversity, money for the purposes of the university ;
(xxviii) to do all such otheracts and things as may be necessary, incidental or conductive to the attainmentof all or any of its objects
6.Jurisdiction: The jurisdiction of theuniversity shall extend to the whole of the state of Assam
7.University open to allclasses castes and creed: The university shall be open to persons of either sex and ofwhatever caste, creed, race or class, and it shall not be lawful for theuniversity to adopt or impose on any person, any test whatever of religiousbelief or profession in order to entitle him to be appointed as a teacher of theuniversity or to hold any other office therein or be admitted as a student inthe university or to graduate thereto or to enjoy or exercise any privilegethereof;
Provided that nothing in thissection shall be deemed to prevent the university from making specialprovisions for the employment or admission of woman, physically handicapped orof persons belonging to the weaker sections of the society and, in particular,of the scheduled castes and the scheduled tribes
8.Residence of students: Every student of theuniversity (other than a student who pursues a course of study by distanceeducation system) shall reside in a hall or hostel or under such conditions asmay be prescribed by the ordinances
9.The Visitor: (1) The president of India shall bethe visitor of the university ;
(2) The visitor may, from timeto time, appoint one or more persons to review the work and progress of theuniversity, including colleges and institutions managed by it, and to submit areport thereon, and upon receipt of that report, the visitor may, afterobtaining the views of the board of a Management thereon through the vicechancellor, take such action and issue such directions as he considersnecessary in respect of any of the matters deal with in the report and the universityshall be bound to comply with such directions.
(3) The visitor shall have theright to cause an inspection to be made by such person or persons as he maydirect of the university, its buildings, laboratories and equipment and of anycollege or institution maintained by the university and also of theexaminations teaching and other work conducted or done by the university and tocause an inquiry
(4) The visitor shall in everymanner referred to its sub–section (2), to the university and the universityshall have the right to make such representations to the visitor, as it mayconsider necessary.
(5) After considering therepresentations, if any made by the university, the visitor may cause to bemade such inspection or inquiry as is referred to in sub–section (3).
(6) Where any inspection orinquiry has been caused to be made by the visitor, the university shall beentitled to appoint a representative, who shall have the right to be presentand be heard at such inspection or inquiry.
(7) The visitor may, if theinspection or inquiry is made in respect of the university or any college orinstitution maintained by it address the vice–chancellor with referenceto the result of such inspection or inquiry together with such view and advicewith regard to the action to be taken thereon as the visitor may be pleased tooffer, and on receipt of address made by the visitor, the vice –chancellorshall communicate to the board of Management the views of the visitor with suchadvice as the victor may offer upon the action to be taken thereon.
(8) The Board of Managementshall committee, through the vice–chancellor, to the visitor suchaction, if any as it proposes to take or has been taken upon the result of suchinspection or inquiry.
(9) Where the Board ofManagement does not, with in a reasonable time, take action to the satisfactionof the visitor, the visitor may, after considering any explanation furnished orrepresentation made by the Board of Management issue such directions as he maythink fit and the Board of Management shall comply with such directions.
(10) Without prejudice to theforegoing provisions of this section, the visitor may, by order in writingannual any proceeding of the university which is not in conformity with theAct, the statutes or the ordinances;
Provided that before making anysuch order, he shall call upon the registrar to show cause why such an ordershould not be made, and if any cause is shown within a reasonable time, heshall consider the same.
(11) The visitor shall havesuch other powers as may be prescribed by the statutes;
10.Officers of the University: The following shall be theofficers of the university;
(1) the chancellor;
(2) the vice–chancellor;
(3) the pro–vice –chancellor;
(4) the deans of schools ;
(5) the Registrar;
(6) the finance officer ; and
(7) such other officers as maybe declared by the statutes to be officers of the university ;
11.The Chancellor: (1) The governor of the stateof Assamshall be the chancellor of the university;
(2) the chancellor shall, byvirtue of his office, be the head of the university ;
(3) the chancellor shall, ifpresident, preside at the convocation of the university held for conferringdegrees.
12.The Vice – chancellor: (1) The vice–chancellor shall be appointed by the visitor in such manner as may beprescribed by the statutes.
(2) The vice– chancellorshall be the principal executive and academic officer of the university andshall exercise general supervision and control over the affairs of theuniversity and give effect to the decisions of all the authorities of theuniversity;
(3) The vice– chancellormay, if he is of opinion that immediate action is necessary on any matter,exercise any power conferred on any authority of the university by or underthis Act and shall report to such authority the action taken by him on suchmatter; Provided that if the authority concerned is of opinion that such actionought not to have been taken, it may refer the matter to the visitor whosedecision thereon shall be final; Provided further that any person in theservice of the university who is aggrieved by the action taken by the vice–chancellor under this sub–section shall have the right to appeal againstsuch action to the board of management within three months from the date onwhich decision on such action is communicated to him and thereupon the board ofManagement may confirm, modify or reverse the action taken by the vice–chancellor.
(4) The vice –chancellor, if he is of the opinion that any decision of any authority of theuniversity is beyond the powers of the authority conferred by the provisions ofthis Act, the statutes or the ordinances or that any decision taken is not inthe interest of the university, may ask the authority concerned to review itsdecision within sixty days of such decision and if the authority refuses toreview the decision either in whole or in part or no decision is taken by itwithin the said period of sixty –days, the matter shall be referred to thevisitor whose decision thereon shall be final.
(5) The vice –chancellor shall exercise such other powers and perform such other duties asmay be prescribed by the statutes or the ordinances.
13.The Pro-vice chancellor: The pro–vice –chancellor shall be appointed in such manner and shall exercise such powers andperform such duties as may be prescribed by the statutes.
14.Deans of schools: Every dean of school shall beappointed in such manner and shall exercise such powers and perform such dutiesas may be prescribed by the statutes
15.The Registrar: (1) The registrar shall beappointed in such manner as may be prescribed by the statutes
(2) The Registrar shall havethe power to enter into agreement, sign documents and authenticate records onbehalf of the university and shall exercise such powers and perform such dutiesas may be prescribed by the statures.
16.The Finance Officer: The Finance officer shall beappointed in such manner and shall exercise such powers and perform such dutiesas may be prescribed by the statutes.
17.Other officers: The manner of appointment andpowers and duties of the other officers of the university shall be prescribedby the statutes..
18.Authorities of university: The following shall no theauthorities of the university; –
(1) the board of Management;
(2) the planning and AcademicCommittee;
(3) the Academic council;
(4) the planning board;
(5)the Boards of studies;
(6) the finance committee;
(7) such other authorities asmay be declared by the statutes to be the authorities of the university.
19.The board of Management: (1) The Board of Managementshall be the principal executive body of the university ;
(2) The constitution of theBoard of Management, the term of office of its members and its powers andfunctions shall be prescribed by the statutes.
20.The planning and AcademicCommittee: (1) There shall be constituteda planning and Academic Committee of the university which shall advise theBoard of Management on matters relating to the university academic anddevelopment activities and oversee, review, monitor the development of theuniversity and keep under review the standard of education and research in theuniversity.
(2) The constitution of theplanning and Academic Committee, the term of office of it s members and itspowers and duties shall be prescribed by the statutes.
(3) The visitor may determine adate with effect from which the planning and Academic Committee shall standdissolved.
21.The Academic council:.(1) The academic Council shallbe the principal academic body of the university and shall, subject to theprovisions of this Act, the statutes and the ordinances, co–ordinate andexercise general supervision over the academic polices of the university.
(2) The constitution of theAcademic council, the term of office of its members and its powers andfunctions shall be prescribed by the statutes.
22.The planning board: (1) The Planning board, as andwhen constituted, shall be the principal planning body of the university.
(2) The constitution of theplanning Board, term of office of its members and its powers and functionsshall be prescribed by the statutes.
23.The boards of schools: The constitution, powers andfunctions of the boards of schools shall be prescribed by the statutes.
24.The finance committee: The constitution, powers andfunctions of the finance Committee shall be prescribed by the statutes.
25.Other authorities of theuniversity: Theconstitution, powers and functions of other authorities, as may be declared bythe statutes to be the authorities of the university shall be prescribed by thestatutes.
26.Power to make statutes: Subject to the provisions ofthis Act, the statutes may provide for all or any of the following matters,namely; –
(a) the constitution, powersand functions of the authorities and other bodies of the university, as may beconstituted from time to time ;
(b) the election andcontinuance in office of the members of the said authorities and bodies, thefilling up of vacancies of members, and all other matters relating to thoseauthorities and other bodies for when it may be necessary or desirable toprovide;
(c) the appointment ofteachers, powers and duties of the officers of the university and theiremoluments;
(d) the appointment ofteachers, academic staff and other employees of the university, theiremoluments and other conditions of service;
(e) the appointment ofteachers, academic staff working In any other university or organisation for aspecific period for undertaking a joint project;
(f) the conditions of serviceof employees including provision for pension, insurance and provident fund,themanner of termination of service and disciplinary action;
(g) the principles governingthe seniority of service of the employees of the university ;
(h) the procedure forarbitration in case of dispute between employees or students and the university;
(I) the procedure for appeal tothe board of Management by any employee or student against the action of anyofficer or authority of university ;
(j) the conferment ofautonomous status on a college or an institution or a department.
(k) the establishment andablation of schools, departments, centres, halls, colleges and institutions,.
(l) the conferment of honorary
(m) the withdrawal of degrees,diplomas, certificates and other academic distinctions.
(n) the institution offellowships, scholarships, studentships, medals and prizes.
(o)the delegation of powersvested in the authorities or officers of the e university ;
(p) the maintenance of thediscipline among the employees and students.
(q) all other matters which bythis Act are to be or may be provided by the statutes.
27.Statutes how to made: (1) The first statutes arethose set out in the second schedule.
(2) The board of Managementmay, from time to time, make new or additional statutes or may amend or repealthe statutes referred to in sub–section(1).
Provided that the board ofManagement shall not make, amend or repeal any statutes affecting the status,powers or constitution or any authority of the university until such authorityhas been given an opportunity of expressing an opinion in writing on theproposed changes, and any opinion so expressed shall be considered by the boardof Management.
(3) Every new statue oraddition to the statue or any amendment of repeals of a statue shall requirethe assign of the visitor who may assent there to or withhold assent or remitto the board of Management for consideration.
(4) A new statue or statute amendingor repealing an existing statute shall have no validity unless it has beenassented to by the visitor.
(5) Notwithstanding anythingcontained in the foregoing sub–section, the visitor may new oradditional statutes or amend or repeal the statutes referred to in sub–section(1), during the period of three years immediately after the commencement ofthis Act. Provided that the visitor may, on the expire of the said period ofthree years make, within one year from the date of such expire, such detailedstatutes as he may consider necessary and such detailed statutes shall be laidbefore both houses of parliament
(6) Not withstanding anythingcontained in the foregoing sub–section, the visitor may direct theuniversity to make provisions in the statutes in respect of any matterspecified by him and if the Board of Management is unable to implement suchdirection within sixty days of its receipt, the visitor may, after consideringthe reasons, if any, communicated by the board of Management for its inabilityto comply with such direction, make or amend the statutes suitably.
28.Power to make ordinances:.(1) Subject to the provisionsof this Act and the statutes, the ordinance may provide for all or any of thefollowing matters, namely; –
(a) the admission of studentsto the university and their enrolment as such.
(b) the courses of study to belaid down for all degrees, diploma s and certificates of the university ;
(c) the medium of instructionand examination.
(d) the award of degrees,diplomas, certificates and other academic distinctions, the qualification forthe same and the means to be taken relating to granting and obtaining of thesame;
(e) the fees to be charged forcourses of study in the university and admission to the examinations, degreesand diplomas of the university ;
(f) the conditions for award offellowships, scholarships, studentships, medals and prizes;
(g) the conduct ofexaminations, including the term of office and manner of appointment and theduties of examining bodies, examiners and moderators.
(h) the conditions of residenceof the students of the university ;
(i) the special arrangements,if any which may be made for the residence discipline and teaching of womanstudents and the prescribing of special courses of studies for them.;
(j) the appointments andemoluments of employees other than those for whom provision has been made inthe statutes;
(k) the establishment ofcentres of studies, boards of studies, special centres, specializedlaboratories and other committees;
(l) the manner of co–operationand collaboration with other university and authorities including learnedbodies or associations.
(m) the creation., compositionand functions of any other university and authorities including learned bodiesor associations ;
(n) such other terms andconditions of service of teachers and other academic staff as are notprescribed by the statutes.
(o) the management of collegesand institutions established by the university ;
(p) the setting up of a machineryfor redress of grievances of employees; and
(q) all other matters which bythis Act or the statutes may be provided for by the ordinances.
(2) The first ordinance shallbe made by the vice –chancellor with the previous approval of thecentral government and the ordinances so made may be amended, repealed or addedto at any time by the board of management in manner prescribed by the statutes.
29.Regulations: The authorities of theuniversity may make regulations consistent with this Act, the statutes and theordinances for the conduct of their own business and that of the committees, Ifany, appointed by them and not provided for by this Act, the statutes or theordinates, in the manner prescribed by the statutes.
30.Annual report:.(1) the annual report of theuniversity shall be prepared under the direction of the board of Management,which shall include among after matters, the steps taken by the universitytowards the fulfilment of its objects.
(2) The annual report soprepared shall be submitted to the visitor on or before sc. date as maybe prescribed by the statutes.
(3) A copy of the annual reportas prepared under sub–section (1) shall be submitted to the centralgovernment which shall as soon as may be, cause the same to be laid before bothhouses of parliament.
31.Annual accounts:.(1) The annual accounts andbalance sheet of the university shall be prepared under the directions of theboard of Management and shall once at Aleut every year and at intervals of notmore than fifteen months, be audited by the comptroller and auditor general ofIndia or by such persons as he may authorize in this behalf.
(2) A copy of the annualaccounts together with the audit report thereon shall be submitted to thevisitor.
(3) Any observations made bythe visitor on the annual accounts shall be brought to the notice of the boardof Management and the observations of the board of Management, if any shall besubmitted to the visitor.
(4) A copy of the annualaccounts together with the audit report as submitted to the visitor, shall alsobe submitted to the central government which shall as soon as may be, cause thesame to be laid before both houses of parliament.
(5) The audited annual accountsafter having been laid before both Houses of Parliament shall be published inthe Gazette of India. Conditions of service of employees.
33.Right to appeal: (1) Every employee of theUniversity shall be appointed under a written contract, which shall be lodgedwith the University and a copy of which shall be furnished to the employeeconcerned.
(2) Any dispute arising out ofthe contract between the University and any employee shall at the request ofthe employee he referred to a Tribunal of Arbitration consisting of one memberappointed by the Board of Management, one member by the employee concerned andan umpire appointed by the Visitor.
(3) The decision of theTribunal she final no suit shall lie in any civil court in respect of themattress decided by the Tribunal.247
Every request made by theemployee under sub–section (2), shall be deemed to be a submission toarbitration upon the terms of this section within the meaning of theArbitration Act, 1940.
The procedure for regulatingthe work of the Tribunal shall be prescribed by the Statute.
34.Procedure of appeal andarbitrating in disciplinary cases against students: (1) Any student or candidate for an examinationwhose name has–been removed from the rolls of the University by theorders or resolution, of the Vice–Chancellor, Discipline Committee orExamination Committee, as the case may be and who has been debarred fromappearing at the examinations of the University for more than one year, may,within ten days of the date of receipt of such orders or copy of suchresolution by him, appeal to the Board of Management and the Board ofManagement may confirm, modify or reverse the decision of the Vice–Chancelloror the Committee, as the case may be. Procedure of appeal an arbitration indisciplinary cases against students.
(2) Any dispute arising out ofany disciplinary action taken by the University against a student shall, at therequest of such student, be referred to a Tribunal of Arbitration and theprovisions of sub–sections (2), (3), (4) and (5) of section 32 shall, asfar as may be, apply to a reference made under this sub–section
Every employee or student ofthe University or of a College or Institution maintained by the Universityshall, notwithstanding anything contained in this Act, have a right to appealwithin such time as may be prescribed by the Statutes, to the Board ofManagement against the decision of any officer or authority of the Universityor of the Principal of any College or Institution, as the case may be, andthereupon the Board of Management may confirm, modify or reverse the decisionappealed against. Right to appeal.
35.Provident and pension funds: (1) The University shallconstitute for the benefit of its employees such provident or pension fund orprovide such insurance schemes as it may deem fit in such manner and subject tosuch conditions as may be prescribed by the Statutes. Provident and pensionfinds.
(2) Where such provident findor pension fund has been so constituted, the Central Government may declarethat the provision of the Provident Funds Act, 1925, shall apply to such fund,as if it were a Government provident fund.
36.Disputes as to constitutionof University authorities and bodies: If any question arises as to whether any person hasbeen duly elected or appointed as, or is entitled to be a member of any authorityor other body of the University, the matter shall be referred to the Visitorwhose decision thereon shall be final. Disputes as to constitution ofUniversity authorities and bodies.
37.Constitution of Committees: Where any authority of theUniversity is given power by this Act or the Statutes to appoint Committees,such Committees shall, save as otherwise provided, consist of the members ofthe authority in each case may think fit. Constitution of Committees
38.Filling of casual vacancies: All casual vacancies among themembers (other than ex officio members) of any authority or other body of theUniversity shall be filled. as soon as may be, by the person or body whoappointed, elected or cooped the member whose place has become vacant person apointed, elected or co–opted to a casual vacancy shall be a member ofsuch authority or body for the resident of the term which the person whoseplace he fills would have been a member. Filling of casualvacancies.248Proceedings of University authorities or bodies or bodies notinvalidated by vacancies.
39.Proceedings of Universityauthorities or bodies not invalidated by vacancies: No act or proceedings of any authority or otherbody of the University shall be invalid merely by reason of the existence of avacancy or vacancies among its members. Protection of action taken in goodfaith
40.Protection of action takenin good faith: No suitor other legal proceedings shall lie against any officer or other employee ofthe University for anything which is in good faith done or intended to be donein pursuant of any of the provisions of this Act, the Statutes or theOrdinances.
41.Mode of Proof of Universityrecord: A copy of any receipt,appellation, notice, order, proceeding, regulation or 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 prim facie evidence of such receiptapplication, notice, order, proceeding, resolution or documents or theexistence of entry in the register and shall be admitted as evidence of themattress and transactions therein where the original thereof would, ifproduced, have been admissible in evidence, notwithstanding anything containedin the Indian Evidence Act, 1827 or in any other law for the time being inforce.1 of 1872Power to remove difficulties
42.Power of removedifficulties: (1) Ifany difficulty arises in giving effect to the provisions of his Act, theCentral Government may by order published in the Official Gazette, make suchprovisions, not inconsistent with the provisions of this Act as appear to it tobe necessary or expedient for removing the difficulty:
Provided for no such ordershall be made under this section after the expiry of three years from thecommencement of this Act.
(2) Every order made under thissection shall be laid, as soon as may be after it is made, between each Houseof Parliament. Transitional provisions.
43.Transitional provisions: Notwithstanding anythingcontained in this Act and the Statues, –
(a) the first Vice–Chancellorshall be appointed by the Visitor and the said officer shall hold office for aterm of five years;
(b) the first Register and thefirst Finance Officer shall be appointed by the Visitor and each of the saidofficers shall hold office for a term of three years;
(c) the first Board ofManagement shall consist of not more than eleven members who shall be nominatedby the Visitor and they shall hold office for a term of three years;
(d) the first Academic Counciland the first Planning Board shall be constituted on the expiry of a period often years from the commencement of this Act and during the said period of tenyears, the powers and functions of these two authorities shall be exercised andperformed by the Planning and Academic Committee constituted under section20:249Provided that if any vacancy occurs in the above officer or authorities,the same shall be filled by appointment or nomination, as the cease may be, bythe Visitor, and the persons so appointed or nominated shall hold office for solong as the officer or member in whose place he is appointed or nominated wouldhave held that office, if such vacancy had not occurred.
44.Status Ordinance andRegulations to be published in the Official Gazette and to laid beforeParliament: (1)Every Statute, Ordinance or Regulation made under this Act shall be publishedin the Official Gazette, Statutes, Ordinances and Regulations to bepublished in the Official Gazette and to be lain before Parliament
(2) Every Statute, Ordinance orRegulation made under this Act shall be laid, as soon as may be after it ismade, before each House of Parliament, while it is in session, for a totalperiod of thirty days which may be comprised in one session or in two or moresuccessive sessions, and if, before the expiry of the session immediatelyfollowing the session or the successive sessions aforesaid, both Houses agreein making any modification in the Statute, Ordinance or Regulation should notbe made, the Statute, Ordinance or Regulation shall thereafter have effect onlyin such modified form or be of no effect, as the case may be; so, however, thatany such modification or annulment shall be without prejudice to the validity ofanything previously done under that Statute, Ordinance or Regulation.
(3) The power to make Statutes,Ordinance s or Regulations shall include the power to give retrospective effectfrom a date not earlier than the date of commencement of this Act, to theStatutes, Ordinances or Regulations or any of them but no retrospective effectshall be given to any Statute, Ordinance or Regulation so as to prejudiciallyaffect the interests any person to whom such Statute, Ordinance or Regulationmay be applicable.
THE SECOND SCHEDULE
(Seesection 27)
THE STATUTES OF THE UNIVERSITY
The Chancellor
1.The Governor of the State of Assamshall be the Chancellor of the University.
The Vice-Chancellor.
2.(1) The Vice–Chancellor shall be appointed bythe Visitor from a panel of not less than three persons who shall berecommended by a Committee as constituted under clause (2):
Provided that if the Visitordoes not approve of any of the persons included in the panel, he may call for afresh panel.
(2) The Committee referred toin clause (1), shall consist of three persons, none of who m shall be anemployee of the University or a member of the Board of Management, AcademicCouncil or Planning and Academic Committee, member of any authority of theUniversity or connected with an institution associated by the Board ofManagement and one by the Visitor and the nominee of the Visitor shall be theconveyor of the Committee.
(3) The Vice–Chancellorshall be a whole–time salaried officer of the University.
(4) The Vice–Chancellorshall hold officer for a term of five years from the date on which he entersupon his office, or until he attains the age of sixty–five years,whichever is earlier, and he shall not be eligible for re–appointment:
Provided that notwithstandingthe expiry of the said period of five years, he shall continue in office untilhis successor is appointed and enters upon his office:
Provided further that theVisitor may direct any Vice–Chancellor after his term has expired, tocontinue in office for such period, not exceeding a total period of one year,as may be specified by him.
(4) The emoluments and otherconditions of service of the Vice–Chancellor shall be as follows: –
(i) The Vice–Chancellorshall be paid a monthly salary and allowances other than the houses rentallowance, at the rates fixed by the Central Government from time to time andhe shall be entitled, without payment of rent, to use a furnished residencethroughout hiss term of office and no charge shall fall on the Vice–Chancellorin respect of the maintenance or such residence.
(ii) The Vice–Chancellorshall be entitled to such terminal benefits and allowances as may be fixed bythe Board of Management with the approval of the Visitor from time to time:
Provided that where an employeeof the University or a College or an Institution maintained by it, or of anyother University or any Institution maintained by or affiliated to such otherUniversity, is appointed as the Vice–Chancellor, he may be allowed tocontinue to contribute to any provident fund of which he is a member and theUniversity shall contribute to the account of such person in that providentfund at the same rate at which the person had been contributing fund at thesame rate at which the person had been contributing immediately before hisappointment as the Vice–Chancellor:
Provided further that wheresuch employee had been a member of any pension scheme, the University shallmake the necessary contribution to such scheme.
(iii) The Vice–Chancellorshall be entitled to travelling allowance at such rates as may be fixed by theBoard of Management
(iv) The Vice–Chancellorshall be entitled to leave on full pay at the rate of thirty days in a calendaryear and the leave shall be credited to his account in advance in two half–yearlyinstalments of fifteen days each on the 1st day of January and July every year.Provided that if the Vice–Chancellor assumed or relinquishes charge ofthe office of the Vice–Chancellor during the currency of a half year,the leave shall be credited proportionately at the rate of two and–a–halfdays for each completed month of services.
(v) In addition to the leavereferred to in sub–clause (iv), the Vice–Chancellor shall also beentitled to half pay leave at the rate of twenty days for each completed yearof service. This half pay leave may also be availed of as commuted leave onfull pay on medical certificate. When commuted leave is availed, twice theamount of half pay leave shall be debited against half pay leave due.
(6) If the office of the Vice–Chancellorbecomes vacant due to death, resignation or otherwise, or if he is unableperform his duties due to ill health or any the cause, the Vice–Chancellorshall perform the duties of the Vice–Chancellor:
Provided that if the Vice–Chancelloris not available, the senior most Professor shall perform the duties of theVice–Chancellor until a new Vice–Chancellor assumes office oruntil the existing Vice–Chancellor attends to the duties of his office,as the case may be.
Powers and duties of the Vice-Chancellor
3.(1) The Vice–Chancellor shall be ex officioChairman of the Board of Management, the Academic Council, the Planning Boardand the Finance Committee and shall, in the absence of the Chancellor, presideat the convocations held for conferring degrees.
(2) The Vice–Chancellorshall be entitled to be present at, and address, any meeting of any authorityor other body of the University, but shall not be entitled to vote thereatunless he is a member of such authority or body.
(3) It shall be the duty of theVice–Chancellor to see that this Act, the Statutes, the ordinances andthe Regulations are duly observed, and he shall have all the powers necessaryto ensure such observance.
(4) The Vice–Chancellorshall exercise control over the affairs of the University and shall give effectto the decisions of all the authorities of the University
(5) The Vice–Chancellorshall have all the powers necessary for the proper maintenance of discipline inthe University and he may delegate any such powers to such person or persons ashe may deem fit
(6) The Vice–Chancellorshall have the power to coven or cause to be convened the meeting of the Boardof Management, the Academic Council, the Planning Board and the FinanceCommittee.
Pro-Vice-Chancellor
4.(1) Every Pro– Vice–Chancellorshall be appointed by the Board of Management on the recommendation of the Vice–Chancellor:
Provided that where therecommendation of the Vice–Chancellor is not accepted by the Board ofManagement, the matter shall be referred to the Visitor who may either appointthe person recommended by the Vice–Chancellor or ask the Vice–Chancellorto recommend another person to the Board of Management:
Provided further that the Boardof Management may, on the recommendation of the Vice–Chancellor, appointa Professor to discharge the duties of a Pro– Vice–Chancellor inaddition to his own duties as a Professor.
(2) The term of office of a Pro–Vice–Chancellor shall be such as may be decided by the Board ofManagement but it shall not in any case exceed five years or until theexpiration of the term of office the Vice–Chancellor, whichever isearlier:
Provided that a Pro–Vice–Chancellor whose term of office has expired shall be eligible forreappointment:
Provided further that, in anycase, a Pro– Vice–Chancellor shall retire on attaining the age ofsixty–five years:
Provided also that the Pro–Vice–Chancellor shall while discharging the duties of the Vice–Chancellorunder cause (6) of Statute 2, continue in office notwithstanding the expirationof his term of office as a Pro– Vice–Chancellor until a new Vice–Chancelloror the existing Vice–Chancellor, as the case may be, assumes office:
Provided also that when theoffice of the Vice–Chancellor becomes vacant and there is no Pro–Vice–Chancellor to perform the functions of the Vice–Chancellor,the Board of Management may appoint a Pro– Vice–Chancellor andthe Pro– Vice–Chancellor so appointed shall cease to hold officeas such as soon as a Vice–Chancellor is appointed and enters upon his officer.
(7) It shall be the duty of theRegistrar –
(a) to be the custodian of therecords, the common seal and such other property of the University as the Boardof Management shall commit to hiss charges;
(b) to issue all noticesconvening meetings of the Board of Management, the Academic Council, thePlanning and Academic Committee, the Planning Board and of any Committeesappointed by those authorities;
(c) to keep the minutes of allthe meetings of the Board of Management, the Academic Council, the PlanningBoard and of any Committees appointed by those authorities;
(d) to conduct the officialcorrespondence of the Board of Management, the Academic Council, the Planningand Academic Committee and the Planning Board;
(e) to arrange for andsuperintend the examinations of the University in accordance with the mannerprescribed by the Ordinances;
(f) to supply to the Visitorcopies of the agenda of the meetings of the authorities of the University assoon as they are issued and the minutes of such meetings;
(g) to represent the Universityin suits or proceedings by or against the University, sign powers–of–attorneyand verify pleadings or depute his representative for the purpose; and
(h) to perform such otherduties as may be specified in the Statutes, the Ordinances or the Regulationsor as may be required, from time to time, by the Board of Management or theVice–Chancellor.
The Finance Officer.
6.(1)The Finance Official shall be appointed by theBoard of Management on the recommendations of a Selection Committee constitutedfor the purpose and he shall be a whole–time salaried officer of theUniversity.
(2) He shall be appointed for aterm of five years and shall be eligible for reappointment
(3) The emoluments and otherterms and conditions of services of the Finance Officer shall be such as may beprescribed by the Ordinances:
Provided that a Finance Officershall entire on attaining the age of sixty years:
Provided further that theFinance Officer shall, notwithstanding hiss attaining the age of sixty years,continue in office until his successor is appointed and enters upon his officeor until the empire of a period of one year which ever is earlier.
(4) When the office of theFinance Officer is vacant or when the Finance Officer is, by reason of illness,absence or any other cause, unablep:256to perform the duties of his office, theduties of the office shall be performed by such person as the Vice–Chancellormay appoint for the purpose.
(5) The Finance Officer shallbe ex officio Secretary of the Finance Committee, but shall not be deemed to bea member of such Committee.
(6) The Finance Officer shall –
(a) exercise generalsupervision over the funds of the University and shall advise it as regards itsfinancial policy; and
(b) perform such otherfinancial functions as may be assigned to him by the Board of Management or assmay be prescribed by the Statutes or the Ordinances.
(7) Subject to the control ofthe Board of Management, the Finance Officer shall–
(a) hold and manage the propertyand investments of the University including trust and endowed property;
(b) ensure that the limitsfixed by the Board of Management for recurring and non–recurringexpenditure for a year are not exceeded and that all moneys are expended on thepurpose for which they are granted or allotted;
(c) be responsible for thepreparation of annual accounts and the budget of the University and for theirpresentation to the Board of Management;
(d) keep a constant watch onthe state of the cash and bank balances and on the state of investments;
(e) watch the progress of thecollection of revenue and advise on the methods of collection employed;
(f) ensure that the registersof buildings, land, furniture and equipment are maintained up–to–dateand that stock–checking is conducted, of equipment and others consumablematerials in all offices, Special Centres, Specialised Laboratories, Collegesand Institutions maintained by the University;
(g) bring to the notice of theVice–Chancellor unauthorized expenditure and other financialirregularities and suggest disciplinary action against persons at fault; and
(h) call for from any office,Centre, Laboratory, College or Institution maintained by the University anyinformation or returns that he may consider necessary for the performance ofhis duties
(8) Any receipt given by theFinance Officers or the person or persons duly authorised in this behalf by theBoard of Management for any money payable to the University shall be sufficientdischarge for payment of such money.
Deans of Scholars of Studies
7.(1) Every Dean of a School of Statutes shall beappointed by the Vice–Chancellor from among the Professors in the Schoolfor a period of three years and he shall be eligible for reappointment:
Provided that a Dean onattaining the age of sixty years shall cease to hold office as such:
Provided further that if at anytime there is no Professor in a School, the Vice–Chancellor, or a Deanauthorised by the Vice–Chancellor in this behalf, shall exercise thepowers of the Dean of the School.
(2) When the office of the Deanis vacant or when the Dean is, by reason of illness, absence or any othercause, unable to perform duties of his office, the duties of the office shallbe performed by such person as the Vice–Chancellor may appoint for thepurpose.
(3) The Dean shall be the Headof the School and shall be responsible for the conduct and maintenance of thestandards of teaching and research in the School and shall have such otherfunctions as may be prescribed by the Ordinances.
(4) The Dean shall have theright to be present and to speak at any meeting to the Boards of Studies orCommittees of the School, as the case may be, but shall not have the right tovote thereat unless he is a member thereof:
Heads of Departments
8.(1) In the case of Departments where there is onlyone Professor, the Head of the Department shall be appointed by the Board ofManagement on the recommendation of the Vice–Chancellor from among theProfessors.
(2) In the case of Departmentswhere there is only one Professor, the Board of Management shall have theoption to appoint, on the recommendation of the Vice–Chancellor, eitherthe Professor or a Reader as the Head of the Department: Provided that it shallbe open to a Professor or Reader to decline the offer of appointment as theHead of the Department.
(3) A person appointed as theHead of the Department shall hold office as such for a period of three yearsand shall be eligible for re–appointment.
(4) A Head of a Department mayresign his office at any time during hiss tenure of office
(5) A Head of a Departmentshall perform such duties as may be prescribed by the Ordinances.
Proctors
8.(1) Every Proctor shall be appointed by the Board ofManagement on the recommendations of the Vice–Chancellor and shallexercise such powers and perform such duties as may be assigned to him by theVice–Chancellor.
(2) Every Proctor shall holdoffice for a term of two years and shall be legible for re–appointment.
Librarian
9.(1) The Librarian shall be appointed by the Board ofManagement on the recommendations of the Selection Committee constituted forthe purpose and he shall be a whole-time officer of the University.
(2) The Librarian shallexercise such powers and perform such duties as may be assigned to him by theBoard of Management.
Quorum for meetings of the Board of Management
11.Five members of the Board of Management shall form aquorum for a meeting of the Board of Management.
Powers and functions of the Board of Management
12.(1) The Board of Management shall have the power ofmanagement and administration of the revenue and property of the University andthe conduct of all administrative affairs of the University not otherwiseprovided for.
(2) Subject to the provisionsof this Act, the Statutes and the Ordinances, the Board of Management shall, inaddition to all other powers vested in it, have the following powers, namely: –
(i) to create teaching andacademic posts, to determine the number and emoluments of such posts and todefine the duties and conditions of service of Professors, Readers, Lecturersand other academic staff and Principals of Colleges and Institutions maintainedby the University: Provided that no action shall be taken by the Board ofManagement in respect of the number, qualification and the emoluments ofteachers and academic staff otherwise than after consideration of therecommendations the Academic Council:
(ii) to appoint such ProfessorsReaders, Lecturers and other academic staff, as may be necessary, and Principalsof Colleges and Institutions maintained by the University on the recommendationof the Selection Committee constituted for the purpose and to fill up temporaryvacancies therein:
(iii) to create administrative,ministerial and other necessary posts and to make appointments thereto in themanner prescribed by the Ordinances:
(iv) to grant leave of absenceto any officer of the University other than the Chancellor and the Vice–Chancellor,and to make necessary arrangement for the discharge of the functions of suchofficer during his absence:
(v) to regulate and enforcediscipline among employees in accordance with the Statutes and the Ordinances:
(vi) to manage and regulate thefinances, accounts, investments, property, business and all other administrativeaffairs of the University, and for that purpose to appoint such agents as itmay think fit;
(vii) to fix limits on thetotal recurring and the total non–recurring expenditure for a year onthe recommendations of the Finance Committee;
(viii) to invest any moneybelonging to the University, including any unapplied income, in such stocks,funds, share or securities, from time to time, as it may think fit or in thepurchase of immovable property in India, with the like powers of varying suchinvestment from time to time;
(viii) to transfer or accepttransfer or any movable or immovable property on behalf of the University;
(ix) to enter into, vary, carryout and cancel contracts on behalf of the University;
(x) to provide buildings,premises, furniture and apparatus and other means needed for carrying on thework of the University;
(xii) to entertain, adjudicateupon, and, if necessary, to remove them, and to fix their fees, emoluments andtravelling and other allowances, after consulting the Academic Council;
(xiv) to select a common sealfor the University and provide for the custody and use of such real;
(xv) to make such specialarrangements as may be necessary for the residence and discipline of womenstudents;
(xvi) to delegate any of itspowers to the Vice–Chancellor, the Pro– Vice–Chancellor,the Deans, the Registrar or the Finance Officer or such other employee orauthority of the University or to a committee appointed by it may deem fit;
(xvii) to institutefellowships, scholarships, studentships, medals and prizes;
(xviii) to provide for theappointment of Visiting Professors, Emeritus Professors; Consultants andScholars and determine and terms and conditions of such appointments; and
(xix) to exercise such otherpowers and perform such other duties as may be conferred or imposed on it bythe Act, or the Statutes.
(4) The Planning and AcademicCommittee shall meet at such intervals as it shall deem expedient, but it shallmeet at twice in a year.
(5) On the date determined bythe Visitor under sub–section (3) of section 20, this Statute shallcease to have effect.
Quorum for meetings of the Academic Council
14.Nine Members of the Academic Council shall form aquorum for a meeting of Academic Council.
Powers of the Academic Council
15.Subject to the Act, the Statutes and the Ordinances,the Academic Council shall, in addition to all other powers vested in it, havethe following powers, namely: –
(a) to exercise generalsupervision over the academic policies of the University and to give directionsregarding methods of instructions, co–operative teaching among Collegesand Institutions, evaluation of research or improvements in academic standards;
(b) to bring about inter–Schoolco–ordination, to establish or appoint committees or boards, for takingup projects on an inter–School basis;
(c) to consider matters ofgeneral academic interest either on its own initiative or on a reference by aSchool or the Board of Management and to take appropriate action thereon; and
(d) to frame such regulationsand rules consistent with the Statutes and the Ordinances regarding theacademic functioning of the University, discipline, residence, admission, awardof fellowships and studentships, fees, concessions, corporate life andattendance.
The planning Board
16.(1) The Planning Board shall be the principalplanning body of the University and shall be reasonable for–
(a) reviewing the educationalprogrammes offered by the University;
(b) organizing the structure ofeducation in the University so as to provide opportunities to students to offerdifferent combinations of subjects appropriate for the development ofpersonality and skills for useful work in society;
(c) creating in atmosphere andenvironment conductive to value–oriented education; and
(d) developing new teaching –learningprocesses which will combine to lectures, tutorials, seminars, demonstrations,self–studies and collective impractical projects.
(2) The Planning Board shallhave the power to advise on the development of the University and review theprogress implementation of programmed so as to ascertain whether they are onthe lines recommended by it and shall also have the power to advise the Boardof Management and the Academic Council on any matter in connection therewith.
(2) The constitution of a Boardof Post–graduate Studies and the term of office of its members shall beprescribed by the Ordinances.
(3) The functions of a Board ofPost–graduate Studies shall be to approve subjects for research forvarious degrees and other requirements of research degrees and to recommend tothe concerned School Board in the manner prescribed by the Ordinances –
(a) courses of studies andappointment of examiners for Postgraduate courses, but excluding researchdegrees;
(b) appointment of supervisorsof research; and
(c) measures for theimprovement of the standard of postgraduate teaching and research:
Provided that the abovefunctions of a Board of Post–graduate Studies shall, during the periodof three years immediately after the commencement of the Act, be performed bythe Department.
(4) The constitution andfunctions of a Board of Under–graduate Studies and the term of itsmembers shall be prescribed by the Ordinances.
Finance Committee
19.(1) The Finance Committee shall consist of thefollowing members, namely: ––
(i) the Vice–Chancellor;
(ii) the Pro– Vice–Chancellor;
(iii) three persons nominatedby the Board of Management, out of whom at least one shall be a member of theBoard of Management; and
(iv) three persons nominated bythe Visitor.
(2) Five members of the FinanceCommittee shall form a quorum for a meeting of the Finance Committee.
(3) All the members of theFinance Committee, other than ex officio members, shall hold office for a termof three years
(4) A member of the FinanceCommittee shall have the right to record a minute of dissent if he does notagree with any decision of the Finance Committee.
(5) The Finance Committee shallmeet at least thrice every year to examine the accounts and to scrutiniseproposals for expenditure.
(6) All proposals relating tocreating of posts, and those items which have not been included in the Budget,should be examined by the Finance Committee before they are considered by theBoard of Management.
(7) All proposals relating andthe financial estimates of the University prepared by the Finance Officer shallbe laid before the Finance Committee for consideration and comments andthereafter submitted to the Board of Management for approval.
(8) The Finance Committee shallrecommend limits for the total recurring expenditure and the total non–recurringexpenditure for the year, based on the income and resources of the University(which, in the case of productive works, may include the proceeds of loans).
Selection Committees
20.(1) There shall be Selection Committees for makingrecommendations to the Board of Management for appointment to the posts ofProfessor, Reader, Lecturer, Registrar, Finance Officer, Librarian andPrincipals of Colleges and Institutions maintained by the University.
(2) The Selection Committee forappointment to the posts specified in column 1 of the Table below shall consistof the Vice–Chancellor, Pro– vice–chancellor a nominee ofthe Visitor and the persons specified in the corresponding entry in column 2 ofthe Table:
TABLE
_______________________________________________________________________________________________
1 2
_______________________________________________________________________________________________
Professor (i)The Head of the Department concerned if he is a Professor.
(ii)One Professor to be nominated by the Vice–Chancellor.
(iii)Three persons not in the service of the University nominated by the Board
ofManagement, out of a panel of names recommended by the Academic
Councilfor their special knowledge of or interest in, the subject with which
theProfessor will be concerned.
Reader / Lecturer (i) The Head of the Department concerned.
(ii)One Professor to be nominated by the Vice–Chancellor.
(iii)Two persons not in the service of the University, nominated by the Board
ofManagement, out of a panel of names recommended by the Academic
Councilfor their special knowledge of or interest in, the subject with which the
Readeror a Lecturer will be concerned.
Registrar / RegistrarFinance Officer (i) Two members of the Board ofManagement
(ii)one person not in the service of the University nominated by the Board of Management
Librarian. (i)Two persons not in theservice of the University, who have special
knowledgeof thesubject of the Library Science/Library Administration to be
nominatedby the Board of Management.
(ii)One person not in the service of the University,nominated by the Board of Management.
Principalof College Therepersons not in the service of the Institution maintained by University of
whomtwo shall be the University nominated by the Board of Management and
oneby the Academic Council for their special knowledge of, or interest in, a
subjectin which instruction is being Provided by the College or Institution.
_______________________________________________________________________________________________
NOTE:1.Where the appointment is being made for an inter–disciplinary project,the heard of the project shall be deemed to be the Head of the Departmentconcerned.
2.TheProfessor to be nominated shall be Professor concerned with the specialty forwhich the selection is being
madeand that the Vice–Chancellor shall consult the Head of the Departmentand the Dean of School before
nominatingthe Professor
3.Thevice–chancellor, or in his absence, the Pro–Vice–Chancellorshall preside at the meetings of a Selection Committee:
Providedthat the meetings of the Selection Committee shall be fixed after priorconsultation with, and subject to the convenience of Visitor’s nominee and thepersons nominated by the Board of Management under clause (2);
Providedfurther that the proceedings of the Selection Committee shall not be validunless, –
(a)whereas the number of Visitor’s nominee and the persons nominated by the Boardof Management is four in all, at least three of them attend the meeting; and
(b)where the number of Visitor’s nominee and the persons nominated by the Board ofManagement is three in all, at least two of them attend the meeting.
(4) Themeeting of a Selection Committee shall be convened by the Vice–Chancelloror in his absence by the Pro–Vice–Chancellor.
(5) Theprocedure to be followed by a Selection Committee in making recommendationsshall be laid down in the ordinances
(6) Ifthe Board of Management is unable to accept the recommendations 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) Ifthe temporary vacancy is for a duration longer than one academic session, itshall be filled on the advice of the Selection Committee in accordance with theprocedure indicated in the foregoing clauses:
Providedthat if the Vice–Chancellor is satisfied that in the interests of workit is necessary to fill the vacancy, the appointment may be made on a purelytemporary basis by a local Selection Committee referred to in sub–clause(ii) for a period not exceeding six months.
(ii) Ifthe temporary vacancy is for a period less than a year, an appointment to suchvacancy shall be made on the recommendation of a local Selection Committeeconsisting of the Dean of the School concerned, the Head of the Department anda nominee of the Vice–Chancellor:
Providedthat if the same person holds the offices of the Dean and the Head of theDepartment, the Selection Committee may contain two nominees of the Vice–Chancellor:
Providedfurther that in case sudden casual vacancies of teaching posts caused by deathor any other reason, the Dean may, in consultation with the Head of theDepartment concerned, make a temporary appointment for a month and report tothe Vice–Chancellor and the Registrar about such appointment.
(iii)No teacher appointed temporarily shall, if he is not recommended by a regularSelection Committee for appointment under the Statutes, he continued in serviceon such temporary employment, unless he is subsequently selected by a localSelection Committee or a regular Selection Committee, for a temporary orpermanent appointment, as the case may be.
Special mode of appointment
21.(1)Notwithstanding anything contained in Statute 20, the Board of Management mayinvite a person of high academic distinction and professional attainments toaccept a post of Professor or Reader or any other academic post in theUniversity, as the case may be, on such terms and conditions as it deems fit,and on the person agreeing to do so appoint him to the post.
(2) TheBoard of Management may appoint a teacher or any other academic staff workingin any other University or organization for undertaking a joint project inaccordance with the manner laid down in the Ordinances
Appointment for a fixed tenure
22.The Boardof Management may appoint a person selected in accordance with the procedurelaid down in Statute 20 for a fixed tenure on such terms and conditions as itdeem fit.
Recognised teachers
23.(1) Thequalifications of recognised teachers shall be such as may be prescribed by theOrdinances.
(2) Allapplications for the recognition of teachers shall be made is such manner asmay be laid down in the Ordinances.
(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 the Ordinances madein that 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 notice in writing had been givento the person concerned calling upon him to show cause, within such time as maybe specified in the notice, why such resolution should not be passed and untilhis objection, if any, and any evidence he may produce in support in them havebeen 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 the Boardof Management which may pass such orders thereon as it thinks fit.
Committees
24.(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) Anysuch Committee appointed under clause (1) may deal with any subject delegatedto it subject to subsequent confirmation by the authority appointing. Terms andconditions of service and code of conduct of the teachers, etc.
25.(1) Allthe teachers and other academic staff of the University shall, in the absenceof any agreement to the contrary, be governed by the terms and conditions ofservice and code of conduct as are specified in the Statutes, the Ordinancesand the Regulations.
(2)Every teacher and member of the academic staff of the University shall beappointed on a written contract, the form of which shall be prescribed by theOrdinances.
(3) Acopy of every contract referred to in clause (2) shall be deposited with theRegistrar. Terms and conditions of service and code of conduct of otheremployees
26.All theemployees of the University other than the teachers and other academic staff ofthe University, shall, in the absence of any contract to the contrary, begoverned by the terms and conditions of service and code of conduct ass arespecified in the Statutes, the Ordinances and the Regulations
27.(1)Whenever, in accordance with the Statutes, any person is to hold an office orbe a member of an authority of the University by rotation according toseniority such seniority shall be determined according to the length ofcontinuous service of such person in hiss grade, and, in accordance with suchother principles as the Board of Management 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 doubtthe Registrar may, on his own motion and shall, at the request of any suchperson, submit the matter to the Board of Management whose decision thereonshall be final.
Removal of employees of the University
28.(1)Where there is an allegation of misconduct against a teacher, a member of theacademic staff or other employee of the University, the Vice–Chancellor,in the case of the teacher or member of the academic staff, and the authoritycompetent to appoint (hereinafter referred to as the appointing authority) inthe case of other employees, may, by order in writing, place such teacher,member of the academic staff or other employee, as the case may be, undersuspension and shall forthwith report to the Board of Management the circumstancesin which the order was made:
Providedthat the Board of Management may, if it is of the opinion, that thecircumstances, of the case do not warrant the us pension of the teacher or amember of the academic staff, revoke such order.
(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 power to remove a teacheror a member of the academic staff, or as the case may be, other employee ongrounds of misconduct.
(3)Save as aforesaid, the Board of Management or as the case may be the appointingauthority, shall not be entitled to remove any teacher, member of the academicstaff or other employee except for a good cause and after giving three 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 his 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 Statute,a teacher, member of the academic staff or other employee may resign, –
(a) ifhe is a permanent employee, only after giving three months’ notice in writingto the Board of Management or the appointing authority, as the case may be, orby paying three month, salary in lieu thereof;
(b) ifhe is not a permanent employee, only after gilding one month’s notice inwriting to the Board of Management or, as the case may be, the appointingauthority or by 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 appointing authority,as the case may be.
Honorary degrees
29.(1) TheBoard of Management may, on the recommendation of the Academic Council and by aresolution passed by a majority of not less than two–thirds of themembers present and voting, make proposals to the Visitor for the conferment ofhonorary degrees:
Providedthat in case of emergency, the Board of Management may, on its own motion, makesuch proposals
(2) TheBoard of Management 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.
Withdrawal of degrees, etc.
30.TheBoard of Management may, by a special resolution passed by a majority of notless than two–thirds of the members present and voting withdraw anydegree or academic distinction conferred on, or any certificate or diplomagranted to, any person by the University for good and sufficient cause:
Providedthat no such resolution shall be passed until a notice in writing has beengiven to that person calling upon him to show cause within such time as may bespecified in the notice why such a resolution should not be passed and untilhis objection, if any, and any evidence he may produce in support of them, havebeen considered by the Board of Management.
Maintenance of discipline among studentsof the University
31.(1) Allpowers relating to disciplinary action in relation to students of theUniversity shall vest in the Vice–Chancellor
(2) TheVice–Chancellor may delegate all or any of his powers as he deems properto a Protect and to such other officers as he may specify in this behalf.
(3)Without prejudice to the generally of hiss powers re lashing to the maintenanceof discipline and that such action, as may seem to him appropriate for themaintenance of discipline, the Vice–Chancellor may, in exercise of hispowers, by order, direct that any student or student 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 punished with fine for an amount to be specified in the order, or bedebarred from taking an examination or examinations conducted by theUniversity, College, Institution or Department or a School for one or moreyears, or that the results of the student or students concerned in theexamination or examinations which he or they have appeared be cancelled.
(4) ThePrincipals of Colleges, Institutions, Deans of Schools of Studies and Heads ofteaching Departments in the University shall have the authority to exercise allsuch disciplinary powers over the students in their respective Colleges,Institutions, Schools and teaching Departments in the University as may benecessary or the proper conduct of Such Colleges, Institutions, Schools andteaching in 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, Deans of Schools of Studies and Heads of teaching Departments inthe University may also make the supplementary rules as they deem necessary forthe aforesaid purposes
(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
Convocations
32.Convocationsof the University for the conferring of degrees or for other purposes shall beheld in such manner as may be prescribed by the Ordinances.
Acting Chairman of meetings
33.Whereno provision is made for a President or Chairman to preside over a meeting ofany authority of the University or any Committee of such authority or when thePresident or Chairman so provided for is absent, the members present elect onefrom among themselves to present at such meetings.
Resignation
34.Anymember, other than an ex officio member, of the Board of Management, theAcademic Council or any other authority of the University or any Committee ofsuch authority may resign by letter addressed to the Register and theresignation shall take effect as soon as such letter is received by theRegistrar.
Disqualifications
35.(1) Aperson shall be disqualified for being chosen as, and for being, a member ofany of the authorities of University, –
(i) ifhe is of unsound mind;
(ii) ifhe is an undischarged insolvent;
(iii)if he has been convicted by a court of law of an offence involving moralturpitude and sentenced in respect thereof to imprisonment for not less thansix 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 referred tothe Visitor and his decision shall be final and no suit or other proceedingshall lie in any civil court against such decision.
Residence condition for membership andoffice
36.Notwithstandinganything contained in the Statutes, a person, who is not ordinarily resident inIndia shall be eligible to be an officer of the University or a member of anyauthority of the University. Membership of authorities by virtue of membershipof other bodies37.Notwithstanding anything contained in the Statutes, a personwho holds any post in the University or is a member of any authority or body ofthe University in his capacity as a member of a particular authority or body oras the holder of a particular appointment shall hold such office or membershiponly for so long as he continues to be a member of that particular authority orbody or the holder of that particular appointment, as the case may be.
Alumni Association
38.(1)There shall be an Alumni Association for the 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 degree holder of the University ofat least five years standing:
Providedthat the condition relating to the completion of one year’s membership shallnot apply in the case of the first election.
Student’s Council
39.(1)There shall be constituted in the University, a Students’ Council for everyacademic year, consisting of–
(i) theDean of Students’ Welfare who shall be the Chairman of the Student’s Council;
(ii)all students who have won prizes in the previous academic year into fields ofstudies, fine arts, sports and extension work;
(iii)Ten students to be nominated by the Academic Council on the basis of merit instudies, sport, activities and all–round development of personality.
Providedthat any student of the University shall have the right to bring up any matterconcerning the University before the Students’ Council if so permitted by theChairman, and he shall have the right to participate in the discussions at anymeeting when the matter is taken up for consideration
.(2)The functions of the Students’ Council shall be to make suggestions to theappropriate authorities of the University in regard to the programmes ofstudies, students welfare and other matters of importance in regard to theworking of the University in general and such suggestions shall be made on thebasis of consensus of opinion.
(3) TheStudent’s Council shall meet at least once in an academic year preferably inthe beginning of that year.
Ordinance how made
40.(1) Thefirst Ordinances made under sub–section (2) of section 28 may beamended, repealed or added to at any time by the Board of Management in themanner specified below.
(2) NoOrdinance in respect of the matters enumerated in section 28, other than thoseenumerated in clause (n) of sub–section (1) thereof, shall be made bythe Board of Management unless a draft of such Ordinance has been proposed bythe Academic Council.
(3) TheBoard of Management 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 reconsideration, either inwhole or in part, together with any amendment which the Board of Management maysuggest.
(4)Where the Board of Management has rejected or returned the draft of anOrdinance proposed by the Academic Council, the Academic Council may considerthe question afresh and in case the original draft is reaffirmed by a majorityof not less than two–thirds of the members present and voting and morethan half the total number of members of the Academic Council, the draft may besent back to the Board of Management which shall either adopt it or refer it tothe Visitor whose decision shall be final
(5)Every Ordinance made by the Board of Management shall come into effectimmediately.
(6)Every Ordinance made by the Board of Management shall be submitted to theVisitor within two weeks from the date of its adoption. The Visitor shall havethe power 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 Board of Management 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.
Regulations
41.(1) Theauthorities of the University may make Regulation consistent with the Act, theStatutes and the Ordinances for the following matters, namely: –
(i)laying down the procedure to be observed at their meetings and the number ofmembers required to form a quorum;
(ii)providing for all matters which are required by the Act, the Students or theOrdinances to be prescribed by Regulations:
(iii)providing for all other matters solely concerning such authorities orcommittees appointed by them and not provided for by the Act, the statutes orthe 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 meeting andof the business to be considered at meetings and for the keeping of a record ofthe proceedings of meetings.
(3) TheBoard of Management may direct the amendment in such manner as it may specify,of any Regulation made under the Statutes or the annulment of any suchRegulation.
Delegation of powers
42.Subjectto the provisions of the Act and the Statutes, any officer or authority of theUniversity may delegate his or its powers to any other officer or authority orperson under his or its respective control and subject to the condition thatoverall responsibility for the exercise of the powers so delegated shallcontinue to vest in the officer or authority delegating such powers.
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