Chapter XII SUPPLEMENTARY PROVISIONS

(1) No member of the teaching, other academic and non-teaching staff of a college shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges and unless the penalty to be inflicted on him is approved by the Vice-Chancellor or any other officer of the University authorised by the Vice-Chancellor in this behalf. (2) No termination of service of such member not amounting to his dismissal or removal falling under sub-section (1) shall be valid unless— (a) he has been given a reasonable opportunity of showing cause against the proposed termination, and (b) such termination is approved by the Vice-Chancellor or any officer of the University authorised by the Vice-Chancellor in this behalf: Provided that nothing in this sub-section shall apply to any person who is appointed on probation or for a temporary period only. (3) (a) An appeal from an order of dismissal, removal or reduction under sub-section (1) or of termination under sub-section (2) shall lie to the State Government within ninety days from the date of the communication of such order and the decision of the State Government in such appeal shall be final and shall not be called in question in any civil court: Provided that the State Government may admit any appeal after the period of limitation laid down in this clause if the appellant satisfies the State Government that he had sufficient cause for not preferring the appeal within such period. (b) In computing the period laid down in clause (a), the provisions of sections 4 and 12 of the Limitation Act, 1963 shall, so far as may be, apply.

The University shall make adequate provision for the benefit of its officers, teachers and other servants in matters of insurance, pension and provident fund or for such other benefits as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes.

(1) Where the University has established a provident fund for the benefit of its officers, teachers and other servants under section 51, such fund shall, notwithstanding anything contained in any law for the time being in force, be deposited in the State Government treasury in accordance with such directions as the State Government may, from time to time, by an order in writing, give and thereupon,-- (i) the subscriber to the fund shall be entitled to interest on the balance in his provident fund account at the same rate, at which the State Government servant is for the time being entitled to on the balance in his provident fund account, and (ii) the rules for the time being in force relating to the limits of withdrawals from the provident fund as applicable to such Government servant shall, so far as may be, apply to the subscriber. (2) Nothing in this section shall apply to a provident fund established by the University to which the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, applies.

Every officer and employee of the University shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. Explanation.—For the purposes of this section, any person, who is appointed by the University for a specified period or for a specified work of the University or, who receives any remuneration by way of compensatory allowance or fee for any work done from the University Fund, shall be deemed to an officer or employee of the University while he is performing, and in relation to all matters relatable to the performance of, the duties and functions connected with such appointment or work.

(1) Any member of any authority or body of the University may resign his office by letter addressed to the Vice-Chancellor through the Registrar and on the Vice-Chancellor accepting the resignation, the office of such member shall become vacant.

When any vacancy occurs in the office of a member (other than an ex-officio member) of any authority or other body of the University before the expiry of the term of office of such member, the vacancy shall be filled up, as soon conveniently as may be, by nomination, appointment or, as the case may be, co-option of a member who shall hold office so long only as the member in whose place he has been nominated, appointed or co-opted, would have held it, if the vacancy had not occurred.

No act or proceeding of any authority or other body of the University shall be invalidated merely by reason of any vacancy in its membership or by reason of a person having taken part in the proceedings of the authority or other body who is subsequently found to have been not entitled to do so.

Where any question arises as to— (1) the interpretation of any provision of this Act, or of any Statute or Regulation, or (2) whether a person has been duly appointed as, or is entitled to be or ceases to be entitled to be, a member of any authority or other body of the University, (a) it may be referred to the State Government if it relates to a matter specified in clause (1), and (b) it shall be referred to the State Government if— (i) it relates to a matter specified in clause (2), or (ii) if four members of the Board so require, irrespective of whether it relates to a matter specified in clause (1) or clause (2), and the State Government shall, after making such inquiry as it deems fit (including giving opportunity of being heard where necessary) decide the question and its decision shall be final.

All acts and orders in good faith done and passed by the University or any of its authorities, bodies or officers shall be final and no suit shall be instituted against or damage claimed from the University or its authorities, bodies or officers for anything purporting to be done in pursuance of the Act and the Statutes and Regulations framed thereunder.