Bare Act
The North Gujarat University Act, 1986
1. Short title and commencement
Short title and commencement.
- (1) This Act may be called the North Gujarat University Act, 1986.
- (2) This section shall come into force on the date of the commencement of this Act and the remaining provisions of this Act shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions
Definitions.
In this Act, unless the context otherwise requires,—
- (1) "Affiliated College" means a college affiliated to the University;
- (2) "College" means a degree college or an affiliated college or an institution maintained by the University;
- (3) "Degree College" means a college which conducts courses leading to a degree of the University;
- (4) "Head Master" means the head of a secondary school;
- (5) "Hostel" means a place of residence for students of the University maintained or recognised by the University, either as a part of or separate from a college;
- (6) "Principal" means the head of a college;
- (7) "Recognised Institution" means an institution recognised by the University under the provisions of this Act;
- (8) "Registered Graduate" means a graduate registered under the provisions of this Act;
- (9) "Secondary School" means a school imparting secondary education;
- (10) "Secondary Teachers" means such teachers as are imparting instruction in secondary schools;
- (11) "Teachers" means professors, readers, lecturers and such other persons imparting instruction or supervising research in the University or in any college or institution maintained by the University as may be declared to be teachers by the Statutes;
- (12) "Teachers of University" means teachers appointed or recognised as such by the University for imparting instruction on its behalf;
- (13) "University" means the North Gujarat University constituted under this Act.
3. Incorporation of the University
Incorporation of the University
- (1) The Chancellor, the Vice-Chancellor, the Pro-Vice-Chancellor, the members of the Court, the Executive Council and the Academic Council and all other persons who may hereafter become such officers or members so long as they continue to hold such office or membership are hereby constituted a body corporate by the name of "The North Gujarat University".
- (2) The University shall have perpetual succession and a common seal and may sue and be sued by the said name.
- (3) The University shall be competent to acquire and hold property, both movable and immovable, to lease, sell or otherwise transfer any movable or immovable property which may have become vested in or been acquired by it, for the purposes of the University and to contract and do all other things necessary for the purposes of this Act: Provided that the power to dispose of any immovable property shall be exercised with the prior sanction of the State Government.
- (4) The headquarters of the University shall be at Patan.
4. Powers of the University
Powers of the University Subject to the provisions of this Act, the University shall have the following powers, namely:—
- (1) to provide for instruction, teaching and training in such branches of learning and courses of study as the University may think fit, and to make provision for research and for the advancement and dissemination of knowledge;
- (2) to make such provision as may enable affiliated colleges, recognised institutions and approved institutions to undertake specialization of studies;
- (3) to organise, maintain and manage University colleges, University departments, institutes of research or other institutions;
- (4) to establish, maintain or manage hostels;
- (5) to fix, demand and receive or recover such fees and other charges as may be prescribed by the ordinances;
- (6) to institute and hold examinations and to confer degrees, diplomas and other academic distinctions;
- (7) to confer honorary degrees or other academic distinctions in the manner and under conditions laid down in the statutes;
- (8) to institute and award fellowships, travelling fellowships, scholarships, studentships, medals and prizes;
- (9) to receive grants, bequests, donations and transfers of movable or immovable property from Government, any person or corporation;
- (10) to appoint and control teachers and other employees of the University;
- (11) to supervise and control the residence and discipline of the students of the University and to make arrangements for promoting their health and general welfare;
- (12) to conduct, coordinate, regulate and control post-graduate teaching and research work in the affiliated colleges and the institutions recognised by the University;
- (13) to exercise control over the students, mobilize curriculum and co-curricular activities and to make arrangements for sports and games;
- (14) to create posts of officers, teachers and other employees of the University and to make appointments thereto;
- (15) to recognise and maintain halls and hostels not managed by the University and to withdraw such recognition;
- (16) to erect, equip and maintain laboratories, libraries, museums and other buildings and institutions necessary for the purposes of the University;
- (17) to institute and manage:—
- (a) a Publication Department,
- (b) a University Extension Board,
- (c) a Bureau of Employment Information and Guidance,
- (d) students' welfare boards, and
- (e) such other boards and bodies as may be necessary for the purposes of the University;
- (18) to make provision for physical training, national service and military training;
- (19) to enter into any agreement for the incorporation in the University of any institution and for taking over its properties, assets and liabilities and for any other purpose not repugnant to this Act;
- (20) to demand and receive such fees as may be prescribed by the ordinances;
- (21) to assess the needs of the State and the country in terms of subjects, fields of specialisation, level of education and training of manpower, both on short and long term basis and to initiate necessary programmes to meet those needs;
- (22) to make provision for the training of persons in the art of teaching;
- (23) generally to do all such other acts and things as may be necessary to carry out all or any of the objects of the University and to do all things incidental or conducive thereto.
5. Jurisdiction and admission to privileges
Jurisdiction and admission to privileges.
- (1) No college situate within the state of Gujarat shall, save with the consent of the State Government and the sanction of the University, be associated in any way with or seek admission to any privilege of any other University established by law.
- (2) Any college situate within the state of Gujarat and affiliated to any other University before the commencement of this Act may, notwithstanding anything contained in any law for the time being in force, make an application to the University for being admitted to the privileges of the University and the University may, subject to the provisions of this Act and the Statutes and Ordinances, admit the college to all or any of the privileges of the University.
- (3) On and from the date on which any college is admitted to the privileges of the University under sub-section (2), the affiliation of the college to any other University shall cease to have effect.
6. University open to all irrespective of sex, race, creed, class or political or other opinion
University open to all irrespective of sex, race, creed, class or political or other opinion.
- (1) No person shall be excluded from any office of the University or from membership of any of its authorities or from admission to any degree, diploma or other academic distinction or course of study on the sole ground of sex, race, creed, class, or political or other opinion.
- (2) It shall not be lawful for the University to impose on any person any test whatsoever relating to sex, race, creed, class or political or other opinion in order to entitle him to be admitted as a teacher or a student or to hold any office or post in the University or to qualify for any degree, diploma or other academic distinction or to enjoy or exercise any privileges of the University or benefactions conferred by or under this Act.
7. Teaching of the University
Teaching of the University.—
- (1) All recognised teaching in connection with the University courses shall be conducted by the University or by affiliated colleges or by recognised institutions and shall include lecturing, work in laboratories or workshops and other teaching, conducted in the University or in such colleges or institutions, in accordance with any syllabus prescribed by the regulations.
- (2) The authorities responsible for organising such teaching shall be such as may be prescribed by the Statutes.
- (3) The courses and curricula shall be such as may be prescribed by the Ordinances.
- (4) Practical work, including work in laboratories or workshops, shall be conducted in accordance with the Ordinances.
8. Officers of the University
Officers of the University.— The following shall be the officers of the University:—
- (i) The Chancellor,
- (ii) The Vice-Chancellor,
- (iii) The Pro-Vice-Chancellor, if any,
- (iv) The Deans of Faculties,
- (v) The Registrar,
- (vi) The University Librarian,
- (vii) The Controller of Examinations,
- (viii) Such other officers in the service of the University as may be declared by the Statutes to be the officers of the University.
9. The Chancellor
- (1) The Governor of Gujarat for the time being shall be the Chancellor of the University.
- (2) The Chancellor shall by virtue of his office be the head of the University and the President of the Court and shall when present preside at meetings of the Court and at any convocation of the University.
- (3) The Chancellor shall have such other powers as may be conferred on him by or under this Act.
10. The Vice-Chancellor
- (1) The Vice-Chancellor shall be appointed by the State Government from amongst three persons recommended by a committee constituted under sub-section (2). (2)
- (a) For the purposes of sub-section (1), the State Government shall constitute a search committee consisting of the following members, namely:
- (i) a member nominated by the State Government, who shall be the Chairman of the committee;
- (ii) a member nominated by the Chancellor;
- (iii) a member nominated by the Syndicate of the University.
- (b) The committee shall submit to the State Government a panel of three persons, who have excelled in the field of higher education and have adequate experience in academic and administrative matters, to be the Vice-Chancellor. The committee shall submit the panel within such time as may be specified by the State Government.
- (a) For the purposes of sub-section (1), the State Government shall constitute a search committee consisting of the following members, namely:
- (3) The Vice-Chancellor shall hold office for a term of three years and shall be eligible for re-appointment for one more term.
- (4) The emoluments and other conditions of service of the Vice-Chancellor shall be such as may be determined by the State Government.
- (5) If the office of the Vice-Chancellor becomes vacant due to death, resignation or any other cause, or if he is unable to perform his duties due to illness or any other reason, the State Government may appoint a person to act as Vice-Chancellor for such period, not exceeding six months, as it may deem fit.
- (6) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general control over its affairs.
- (7) The Vice-Chancellor shall see that the provisions of this Act, the Statutes, Ordinances and Regulations are faithfully observed.
11. Powers and duties of the Vice-Chancellor
Powers and duties of the Vice-Chancellor.
- (1) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall, in the absence of the Chancellor, preside at meetings of the University Court and at any convocation of the University.
- (2) He shall be an ex-officio member and the Chairman of the Executive Council, of the Academic Council, of the Finance Committee and of the Boards of University Teaching and shall preside at the meetings of these bodies.
- (3) He shall be entitled to be present at, and to address, any meeting of any authority or other body of the University but shall not be entitled to vote thereat unless he is a member of such authority or body.
- (4) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act, the Statutes, Ordinances and Regulations are faithfully observed and he shall have all powers necessary for this purpose.
- (5) He shall have power to convene meetings of the Executive Council, the Academic Council, the Finance Committee and the Boards of University Teaching.
- (6) He shall have power to take disciplinary action against any officer, teacher or other employee of the University other than an officer appointed by the Chancellor or a teacher of the University appointed by the State Government or by a University or other institution by whom he is deputed to the University; and he may suspend any such person pending inquiry: Provided that no such action shall be taken unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken.
- (7) He shall have power to take such action as he may deem necessary in any emergency which in his opinion calls for immediate action and he shall in the first available opportunity report the action taken to the authority which would have in the ordinary course dealt with the matter: Provided that if the action taken by the Vice-Chancellor is not approved by the authority concerned he may refer the matter to the State Government whose decision shall be final: Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to appeal against such action to the Executive Council within three months from the date on which such action is communicated to him.
- (8) He shall exercise such other powers and perform such other duties as may be conferred or imposed upon him by this Act, the Statutes, Ordinances and Regulations.
12. Pro-Vice-Chancellor
Pro-Vice-Chancellor.
- (1) The Pro-Vice-Chancellor, if any, shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor in such manner and on such terms and conditions of service as may be prescribed by the Statutes.
- (2) He shall exercise such powers and perform such duties of the Vice-Chancellor as the Vice-Chancellor may either generally or specifically confer or impose on him with the approval of the Executive Council.
- (3) A Pro-Vice-Chancellor shall hold office for such term and shall perform such duties as may be prescribed by the Statutes.
13. Registrar
Registrar
- (1) The Registrar shall be a whole-time salaried officer and shall act as the Secretary of the Senate, the Syndicate and the Academic Council.
- (2) He shall be appointed by the Syndicate in accordance with the statutes to be made in this behalf.
- (3) He shall hold office for a term of five years and shall be eligible for re-appointment.
- (4) The Registrar shall—
- (a) manage the property and investments of the University including trusts and endowed property in accordance with the direction of the Syndicate;
- (b) be the custodian of the records, the common seal and such other property of the University as the Syndicate shall commit to his charge;
- (c) conduct the official correspondence of the Senate, the Syndicate and the Academic Council;
- (d) issue all notices convening meetings of the Senate, the Syndicate, the Academic Council and of any Board or Committee;
- (e) keep the minutes of the proceedings of the meetings of the Senate, the Syndicate and of the Academic Council;
- (f) perform such other duties as may be prescribed by the statutes, ordinances or regulations or required from time to time by the Syndicate or the Vice-Chancellor;
- (g) represent the University in suits or proceedings by or against the University, sign powers of attorney and verify pleadings or depute his representative for the purpose.
14. Other officers
Other officers
- (1) The following shall also be the officers of the University, namely:—
- (a) The Deans of Faculties;
- (b) The University Librarian;
- (c) The Director, Board of College and University Development;
- (d) The Controller of Examinations;
- (e) Such other officers in the service of the University as may be prescribed by the statutes.
- (2) The officers mentioned in sub-section
- (1) shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes and the ordinances.
15. Authorities of the University
Authorities of the University. - The following shall be the authorities of the University, namely: -
- (i) The Court,
- (ii) The Executive Council,
- (iii) The Academic Council,
- (iv) The Finance Committee,
- (v) The Boards of Studies,
- (vi) The Board of Post-Graduate Teaching and Research,
- (vii) The Board of University Teaching,
- (viii) The Board of Extra-Mural Studies,
- (ix) Such other bodies of the University as may be declared by the Statutes to be the authorities of the University.
16. The Court
The Court. -
- (1) The Court shall consist of the following members, namely: -
- (A) Ex-officio Members:
- (i) The Chancellor,
- (ii) The Vice-Chancellor,
- (iii) The Pro-Vice-Chancellor, if any,
- (iv) The Deans of Faculties,
- (v) The Registrar,
- (vi) The Director of Higher Education, Gujarat State or his nominee not below the rank of a Joint Director,
- (vii) The Director of Technical Education, Gujarat State or his nominee not below the rank of a Joint Director,
- (viii) The Director of Health and Medical Services, Gujarat State or his nominee not below the rank of a Joint Director,
- (ix) President of the Association of North Gujarat University Teachers' Association,
- (x) The Chairman of the Secondary School Certificate Examination Board, Gujarat State,
- (xi) The Librarian of the University Library.
- (B) Ordinary Members:
- (i) One representative to be elected by the Gujarat Legislative Assembly from amongst its members,
- (ii) Persons to be elected as follows: -
- (a) four members to be elected by the teachers of the University and the heads of the University Departments from amongst themselves in such manner as may be prescribed by the Statutes,
- (b) seven members to be elected by the heads of the affiliated colleges from amongst themselves,
- (c) eight members to be elected by the teachers of the affiliated colleges from amongst themselves,
- (d) two representatives to be elected by the registered graduates of the University from amongst themselves,
- (e) one member to be elected by the representatives of the managements of the affiliated colleges from amongst themselves,
- (f) one representative to be elected by the secondary teachers from amongst themselves,
- (g) one representative to be elected by the non-teaching staff of the University and the affiliated colleges from amongst themselves,
- (iii) Not more than ten persons to be nominated by the State Government from amongst distinguished educationists, social workers and representatives of professional bodies,
- (iv) Five donors who have made a donation of at least Rs. 50,000 to the University Endowment Fund.
- (A) Ex-officio Members:
- (2) The term of office of the elected member shall be five years.
- (3) The term of office of the nominated members shall be five years.
17. Provided that a member nominated in place of a member who has resigned or whose seat has become vacant otherwise shall hold office for the residue of the term of his predecessor.
Meetings of the Court Meetings of the Court.—
- (1) The Court shall, on a date to be fixed by the Vice-Chancellor, meet once a year at a meeting to be called the annual meeting of the Court.
- (2) The Registrar may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than twenty-five members of the Court, convene a special meeting of the Court.
18. The Executive Council
The Executive Council.—
- (1) The Executive Council shall be the executive authority of the University and shall consist of the following members, namely:—
- (i) The Vice-Chancellor, ex-officio Chairman;
- (ii) The Pro-Vice-Chancellor, if any;
- (iii) One Dean to be nominated by the Vice-Chancellor by rotation according to seniority;
- (iv) Two Professors of the University Departments to be nominated by the Vice-Chancellor;
- (v) Three Principals of affiliated colleges to be nominated by the Vice-Chancellor;
- (vi) Two members to be elected by the members of the Court from amongst themselves, none of whom shall be a teacher;
- (vii) One University Professor or Reader or Lecturer to be elected by the teachers of the University from amongst themselves;
- (viii) Two teachers of affiliated colleges to be elected by the teachers of such colleges from amongst themselves;
- (ix) The Secretary to Government, Higher and Technical Education Department or his representative not below the rank of Deputy Secretary, ex-officio;
- (x) The Director of Higher Education or his representative not below the rank of Joint Director, ex-officio.
- (2) The members of the Executive Council other than the ex-officio members shall hold office for a period of three years.
- (3) The Executive Council shall exercise such powers and perform such duties as may be prescribed by the Statutes, Ordinances and Regulations.
19. Other authorities
Other authorities The following shall be the other authorities of the University, namely: —
- (i) The Boards of University Teaching and Research,
- (ii) The Boards of Studies,
- (iii) The Finance Committee,
- (iv) The Academic Planning Board,
- (v) The Board of Extra-Mural Studies,
- (vi) The Board of University Extension,
- (vii) The Board of Students' Welfare,
- (viii) The Board of Sports and Physical Culture,
- (ix) The Board of Evaluation,
- (x) Such other bodies of the University as may be declared by the Statutes to be the authorities of the University.
20. Power to make statutes
Power to make statutes
- (1) Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely: —
- (a) The powers and duties of the officers of the University;
- (b) The constitution, powers and duties of the authorities of the University;
- (c) The procedure to be followed at meetings of such authorities including the quorum for the transaction of business by them;
- (d) The minimum qualifications for recruitment to the posts of teachers and other employees of the University and the procedure for their recruitment;
- (e) The norms and procedure for the affiliation of colleges or recognition of institutions;
- (f) The constitution and functions of the Board of Extra-Mural Studies;
- (g) The constitution and functions of the Board of University Extension;
- (h) The constitution and functions of the Board of Students' Welfare;
- (i) The constitution and functions of the Board of Sports and Physical Culture;
- (j) The constitution and functions of the Board of Evaluation;
- (k) The conditions of service, emoluments and allowances of the teachers and other employees of the University;
- (l) The maintenance of discipline among the students of the University;
- (m) The management of colleges and other institutions maintained by the University;
- (n) The delegation of powers vested in the authorities or officers of the University;
- (o) All other matters which are to be or may be prescribed by the Statutes.
- (2) The first Statutes shall be made by the State Government and a copy thereof shall be laid before the State Legislature.
- (3) The Statutes may be amended, or repealed or added to by the Senate in the manner hereinafter provided.
21. Statutes how made
Statutes how made
- (1) The Statutes may be made, amended or repealed in the manner hereinafter provided in this section.
- (2) The Academic Council may propose to the Executive Council the draft of any Statute or of any amendment to, or of repeal of, a Statute to be passed by the Executive Council and such Statute shall be submitted to the Chancellor for his assent.
- (3) A Statute passed by the Executive Council shall have no validity until assented to by the Chancellor.
- (4) The Chancellor may assent to a Statute as submitted by the Executive Council or return it to the Executive Council for consideration in the light of such observations as he may choose to make.
22. Power to make Ordinances
Power to make Ordinances
- (1) The Executive Council may make Ordinances to provide for all or any of the following matters, namely:—
- (a) the conditions under which students shall be admitted to courses of study for degrees, diplomas, certificates and other academic distinctions;
- (b) the fees to be charged for enrollment of students for attending such courses in the University and for admission to the examinations, degrees and diplomas of the University;
- (c) the conditions of the award of fellowships, scholarships, studentships, medals and prizes;
- (d) the conduct of examinations including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators;
- (e) the maintenance of discipline among the students of the University;
- (f) the conditions of residence of students at the University;
- (g) the recognition of hostels;
- (h) the duties and powers of the University Teachers and other employees;
- (i) all other matters which by this Act or the Statutes are to be or may be provided for by the Ordinances.
- (2) No Ordinance concerning the matters referred to in clauses
- (a) to
- (i) of sub-section
- (a) to
- (1) or any other matter connected with the maintenance of standard of teaching and examination shall be made by the Executive Council unless a draft thereof has been proposed by the Academic Council.
- (3) The Executive Council shall not have power to amend any draft proposed by the Academic Council under the provisions of sub-section
- (2) but may reject the proposal or return the draft to the Academic Council for re-consideration, either in whole or in part, together with any amendments which the Executive Council may suggest.
- (4) All Ordinances made by the Executive Council shall have effect from such date as it may direct, but every Ordinance so made shall be submitted to the Chancellor for his information.
23. Ordinances how made
Ordinances how made:
- (1) The Syndicate may make, amend or repeal Ordinances in the manner hereinafter provided.
- (2) An Ordinance made by the Syndicate shall be submitted to the Senate and shall not come into operation until it has been assented to by the Chancellor or until it has been assented to by the Senate and the Chancellor, as provided in the following sub-sections:
- (a) Every Ordinance made by the Syndicate shall be submitted to the Senate and shall be considered by the Senate at its next meeting.
- (b) The Senate shall have power, by a resolution passed by a majority of the members present and voting, to approve, disapprove or remit for further consideration to the Syndicate, any such Ordinance: Provided that any Ordinance concerning the matters specified in section 22 shall be submitted to the Senate and it shall not come into force unless it is approved by the Senate and assented to by the Chancellor.
- (c) Any Ordinance made by the Syndicate which is not so submitted to the Senate or which is disapproved by the Senate, or which is submitted to the Senate and is not approved by it, shall cease to have effect from the date of the meeting of the Senate at which it is disapproved or not approved, as the case may be.
- (3) The Syndicate shall not have power to amend any draft of any Ordinance proposed by the Academic Council under the provisions of section 22.
24. Regulations
Regulations:
- (1) The Senate may make Regulations consistent with this Act and the Statutes and the Ordinances:
- (a) laying down the procedure to be observed at the meetings of the Senate and all authorities of the University and the number of members required to form a quorum;
- (b) providing for all matters which by this Act and the Statutes and the Ordinances are to be provided for by Regulations;
- (c) providing for all other matters solely concerning the Senate or other authorities of the University or their meetings or appointments.
- (2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be transacted at the meetings and for the keeping of a record of the proceedings of the meetings.
- (3) The Syndicate may direct an amendment or annulment of any Regulation made by any authority and shall report its action to the Senate.
25. The University Fund
The University Fund.
- (1) The University shall establish a fund to be called the University Fund.
- (2) The following shall form or be paid into the University Fund:—
- (a) all contributions or grants by the State Government, the University Grants Commission, or the Central Government;
- (b) the income of the University from all sources including income from fees and charges;
- (c) all moneys received by the University by way of grants, loans, advances, donations, gifts, benefactions, bequests or transfers;
- (d) all other moneys received by the University.
- (3) The University Fund shall be kept in the State Bank of India or in any corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 or any other scheduled bank or in a co-operative bank approved by the State Government for the purpose.
- (4) The University Fund shall be applied for the purposes of this Act and in accordance with the Statutes, Ordinances and Regulations.
26. Annual Report
Annual Report.
- (1) The annual report of the University shall be prepared under the direction of the Executive Council and shall be submitted to the State Government on or before such date as may be prescribed by the Statutes.
- (2) The annual report shall be laid before the State Legislature.
27. Annual Accounts
Annual Accounts
- (1) The annual accounts of the University shall be prepared under the direction of the Executive Council and shall be submitted to the State Government for such audit as the State Government may direct.
- (2) The annual accounts when audited shall be published by the Executive Council and a copy thereof shall be submitted to the State Government and the Chancellor.
28. Conditions of service
Conditions of service
- (1) Save as otherwise provided by or under this Act, every salaried officer and teacher of the University shall be appointed under a written contract.
- (2) The contract shall be lodged with the Registrar of the University and a copy thereof shall be furnished to the officer or teacher concerned.
- (3) Any dispute arising out of any contract between the University and any officer or teacher thereof shall, at the request of the officer or teacher concerned or at the instance of the University, be referred to a Tribunal of Arbitration consisting of one member nominated by the Executive Council, one member nominated by the officer or teacher concerned and an umpire appointed by the Chancellor.
- (4) The decision of the Tribunal shall be final and shall not be questioned in any court.
- (5) No suit or proceeding shall lie in any court in respect of any matter which is required by sub-section
- (3) to be referred to the Tribunal of Arbitration.
29. Officers and teachers to be public servants
Officers and teachers to be public servants.—Every officer and every teacher of the University shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
30. Tribunal of Arbitration
Tribunal of Arbitration.—(1) Any dispute arising out of a contract between the University and any officer or teacher of the University shall, on the request of the officer or teacher concerned, be referred to a Tribunal of Arbitration consisting of one member nominated by the Executive Council, one member nominated by the officer or teacher concerned and an umpire appointed by the Chancellor.
- (2) The decision of the Tribunal shall be final and shall not be questioned in any court.
- (3) No suit or proceeding shall lie in any court in respect of any matter which is required by sub-section
- (1) to be referred to the Tribunal of Arbitration.
- (4) The Tribunal of Arbitration shall have power to regulate its own procedure: Provided that the Tribunal shall have regard to the principles of natural justice and shall not be bound by the Indian Evidence Act, 1872.
- (5) Nothing contained in any law for the time being in force relating to arbitration shall apply to arbitrations under this section.
31. Pension and Provident Fund
Pension and Provident Fund
- (1) The University shall establish and maintain for the benefit of its officers, teachers, and other employees such pension, provident fund or insurance scheme as the State Government may deem fit to specify in this behalf.
- (2) The State Government shall declare that the provisions of the Provident Funds Act, 1925, shall apply to such fund as if it were a Government Provident Fund.
32. Vacating of office
Vacating of office
- (1) Any member of any authority or body of the University may vacate his office by resignation in writing addressed to the Vice-Chancellor and the resignation shall take effect from the date on which it is accepted by the Vice-Chancellor.
- (2) Any member of any authority or body of the University shall cease to be a member on his being convicted by a court of law of any offence which involves moral turpitude.
33. Filling of casual vacancies
Filling of casual vacancies:
- (1) 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 his term of office, the vacancy shall be filled, as soon as may be, by the election, nomination, appointment or co-option, as the case may be, of a member who shall hold office so long only as the member in whose place he has been elected, nominated, appointed or co-opted would have held it, if the vacancy had not occurred.
34. Provided that if the remaining period of the term of office of the vacating member is less than six months, the vacancy shall not be filled.
Proceedings of University authorities and bodies not invalidated by vacancies Proceedings of University authorities and bodies not invalidated by vacancies: 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 any defect in the election, nomination, appointment or co-option of a member of such authority or body or any defect or irregularity in its proceedings not affecting the merits of the case.
35. Protection of acts and orders
Protection of acts and orders.—
- (1) 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 accordingly, no suit or other legal proceedings shall be instituted or maintained against or had in respect of anything done or omitted to be done in pursuance of this Act or the Statues or the Ordinances or the Regulations framed thereunder.
- (2) No suit shall lie against the University, its authorities, bodies or officers for any damages caused or likely to be caused by any act in good faith done or intended to be done in pursuance of this Act or the Statutes or the Ordinances or the Regulations framed thereunder.
36. Delegation of powers
Delegation of powers.— Subject to the provisions of this Act and the Statutes, any officer or authority of the University may, by order, delegate his or its powers (except the power to make Statutes, Ordinances, Regulations and Rules) to any other officer or authority under his or its control and subject to the condition that the ultimate responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating them.
37. Constitution of ad-hoc committees
Constitution of ad-hoc committees:
- (1) Where the University has been established before the commencement of this Act, any ad-hoc committee constituted by the State Government for the purpose of the University shall continue to function till the authorities of the University are constituted in accordance with the provisions of this Act.
- (2) The State Government may, if it considers it necessary so to do, reconstitute any such ad-hoc committee at any time before the authorities of the University are constituted as aforesaid.
38. Transitory provisions
Transitory provisions:
- (1) Notwithstanding anything contained in this Act, the Vice-Chancellor may, with the previous approval of the Chancellor and subject to the availability of funds, discharge all or any of the functions of the University for the purpose of carrying out the provisions of this Act and for that purpose may exercise any powers or perform any duties which by this Act are to be exercised or performed by any officer or authority of the University not yet constituted.
- (2) The first Vice-Chancellor shall, within a period of one year from the date of his appointment or within such further period not exceeding three years as the State Government may specify by notification in the Official Gazette, cause the authorities of the University to be constituted under this Act.
39. Provision relating to affiliated colleges
Provision relating to affiliated colleges.-
- (1) Save as otherwise provided by or under this Act, the provisions of this Act and the Statutes, Ordinances and Regulations shall apply to all affiliated colleges.
- (2) Subject to the provisions of this Act, the Statutes, Ordinances and Regulations, a college shall be entitled to privileges of affiliation only upon the satisfaction of such conditions as may be laid down by the Statutes.
40. Duty of University and affiliated colleges to provide for teaching
Duty of University and affiliated colleges to provide for teaching.-
- (1) It shall be the duty of the University and the affiliated colleges to provide for instruction, teaching, training and research in such branches of learning and courses of study and at such levels and for such purposes as the University may determine.
- (2) It shall be the duty of the University and the affiliated colleges to make adequate arrangements for the instructions and for the physical well-being of, and the discipline of, the students.
41. Transfer of Government colleges to University
Transfer of Government colleges to University.
- (1) Where the State Government is satisfied that it is necessary or expedient so to do, it may, by notification in the Official Gazette, transfer such Government colleges to the University as may be specified in the notification, with effect from such date as may be specified therein.
- (2) On and from the date specified in the notification under sub-section (1),—
- (a) the management and control of such Government colleges shall vest in the University;
- (b) such Government colleges shall be deemed to be University colleges;
- (c) all assets and liabilities of the State Government in respect of such Government colleges shall stand transferred to, and vest in, the University;
- (d) all members of the teaching and non-teaching staff of such Government colleges (excluding such of them as may be determined by the State Government) shall become the employees of the University on such terms and conditions as may be prescribed by the Statutes: Provided that the terms and conditions of service of such members of the teaching and non-teaching staff as are transferred to the University shall not be less favourable to them than those applicable to them immediately before the transfer; and
- (e) anything done or any action taken in respect of the management and control of such Government colleges before such transfer shall be deemed to have been done or taken by the University.
42. Power to remove difficulties
Power to remove difficulties. If any difficulty arises as to the first constitution or reconstitution of any authority of the University after the commencement of this Act, or otherwise in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of three years from the date of commencement of this Act.
I. The Statutes
Schedule ("The Statutes")
PDF: pending for this language.
The Statutes
Schedule ("The Statutes")