The Jharkhand State Open University Act, 2021

An Act to establish and incorporate an open university at the state level for the introduction and promotion of open university and distance education system in the educational pattern of the Jharkhand State and for the co-ordination and determination of standards in such systems. Be it enacted by the Legislature of the State of Jharkhand in the Seventy Second year of the Republic of India as follows:- CHAPTER-1 Preliminary

1. Short title, Extent and Commencement– This Act may be called the Jharkhand State Open University Act, 2021. It shall extend to the whole of the State of Jharkhand. It shall come into force from the date of publication in the official Gazette of the State of Jharkhand or from such date as the State Government may notify.

2. Definitions- In this Act, unless the context otherwise requires:- (i) “Academic Council” means the Academic Council of the University; (ii) “Academic session” means duration of twelve months beginning either in January or in the month of July of every year; (iii) "Assistant Professor" means a teacher of the University possessing such qualifications as prescribed by the Statutes and appointed as such in the manner as prescribed. (iv) "Associate Professor" means a teacher of the University possessing such qualifications as prescribed by the Statutes and appointed/promoted as such in the manner as prescribed. (v) “Authorities” means the Authorities of the University; झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 (vi) “Centre for Internal Quality Assurance” (CIQA) means a Centre for Internal Quality Assurance of the University. (vii) “Chancellor” means the Chancellor of the University; (viii) “Coordinator” means the Coordinator of the Study Centre appointed by the University; (ix) “Counsellor” means a teacher and includes Professor, Associate Professor, Assistant Professor and such other persons imparting instructions in any school or in any study centre maintained and managed or recognized by the University; (x) “Director” means the Director of the Schools set up by the University and includes Director of Centre for Internal Quality Assurance; (CIQA) (xi) “Distance Education Systems” means the system of imparting education through any means of communication, such as, broadcasting, telecasting, correspondence course, seminars, contact programmes or the combination of any two or more of such means; (xii) “Employee” means any person appointed and paid by the University and includes teachers and other academic staff of the University; (xiii) "Executive Council" means the Executive Council of the University; (xiv) “Finance Committee” means the Finance Committee of the University; (xv) “Government” means the State Government of Jharkhand; (xvi) “Learner Support Services” means and includes such services as are provided by the University in order to facilitate the acquisition of teaching-learning experiences by the learner to the level prescribed by or on behalf of this Act in respect of a programme of study; (xvii) “Open and Distance Learning (ODL)” means a mode of delivering education and instructions to learners who are not physically present in a traditional setting of a classroom. Transaction of the curriculum is effected by means of specially prepared materials (self-study learning materials) which are delivered to the learners at their doorstep through various media, such as, print, television, radio, satellite, audio/video tapes, CD-ROMs, Internet and World Wide Web etc.; (xviii) “Planning Board” means the Planning Board of the University (xix) "Prescribed" means prescribed by this Act or by the Statutes, Ordinance, Regulations or the Rules framed thereunder; (xx) "Professor" means a teacher of the University possessing such qualifications as are prescribed by the Statutes and appointed/promoted as such in the manner as prescribed. (xxi) “Programme” means a course or programme of study leading to the award of a Degree at graduate and postgraduate levels in the University including Certificate or Diploma or Post Graduate Diploma; (xxii) “Programme Coordinator” means a teacher of the University responsible for the coordination of instructions, training and research in a programme/course run by the University. झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 (xxiii) "Pro-Vice-Chancellor" means the Pro-Vice-Chancellor of the University; (xxiv) “Recognised Institution” means the institution established for research or specialised studies and recognised as such by the University. (xxv) “Regional Centre” means a centre established or maintained by the University for the purpose of co-ordinating and supervising the work of Study Centres in any region and for performing such other functions as may be conferred on such centre by the University; (xxvi) “Regulations” means the Regulations made by any authority of the University under this Act for the time being in force; (xxvii) “School” means a School of Studies of the University; (xxviii) “Self-Learning Material” means and includes contents in the form of course material, whether print or non-print, which is inter-alia self-explanatory, self-contained, self- directed at the learner, and amenable to self-evaluation, and enables the learner to acquire the prescribed level of learning of a course of study, but does not include textbooks or guidebooks; (xxix) “Statutes” and” Ordinances” mean, respectively, the Statutes and Ordinances of the University for the time being in force; (xxx) “Student” means a student of the University, and includes any person who has enrolled himself for pursuing any course of study of the University; (xxxi) “Study Centre” means a centre established, maintained or recognised by the University for the purpose of advising, counselling or imparting education or for rendering any other assistance required by the students; (xxxii) "Teacher" includes Professor, Associate Professor, Assistant Professor and such other persons imparting instructions in any school or in any study centre maintained and managed or recognized by the University; (xxxiii) “University” means the Jharkhand State Open University established under this Act; (xxxiv) "University area" means the area to which this Act extends; (xxxv) "University headquarters" means the place where the administrative offices of the University are situated; (xxxvi) "University funds" means the fund of the University established under this Act and Statutes; (xxxvii) “Vice-Chancellor” means the Vice-Chancellor of the University. झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 CHAPTER-2 The University: objects, powers and functions

3. Establishment and incorporation of the University- (1) There shall be established a University by the name of the Jharkhand State Open University. (2) The headquarters of the University shall be at Ranchi (in Jharkhand) and it may establish or maintain Regional Centre and Study Centre at such other places in the State as it may deem fit. (3) With the establishment of this University- Any other University; the headquarters of which is situated outside the State of Jharkhand, shall discontinue their distance education programme(s) through open and distance learning system in Jharkhand State, within a period of one year from the date of commencement of this Act failing which such continuance of the said programme(s) by such Universities shall be deemed to be unauthorized. the provisions of the clause (i) above shall not apply to any University as is established under any law made by the Parliament (4) The first Chancellor, the first Vice-Chancellor, the first Pro-Vice-Chancellor, every member of the Executive Council and the Academic Council and all persons who may hereafter become such officers or members and so long as they continue to hold such office or membership shall together constitute a body corporate by the name of the University specified in subsection (1). (5) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name. (6) In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by, and all processes in such suit and proceedings shall be issued to and be served on the Registrar.

4. The Jurisdiction of the University- The jurisdiction of the University shall extend over the State of Jharkhand for the purpose of imparting instructions and training through any means of communication such as broadcasting, telecasting, correspondence, seminars, counselling classes, online classes or the combination of any two or more of such means but in no case the University shall have any jurisdiction over the Universities, Departments, Colleges and institutions or other Bodies established in the State of Jharkhand for imparting formal education in any branch of learning: Provided that the University, with the agreement of other Universities or Bodies in the State of Jharkhand may utilise the buildings, furniture, library, laboratory and the services of teachers, on part-time basis, of other Universities and Bodies or their colleges functioning in the State of Jharkhand for establishment of study centre(s) on such terms and conditions as may be determined by the Chancellor. Provided further that persons of Indian Union shall be entitled to seek enrollment as students of the University. झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021

5. Objects of the University– (1) The objects of the University shall be-. (1) to provide educational opportunities to those who are unable to go in for formal education and wish to upgrade their education or acquire knowledge and studies in various fields through the distance mode of education, such as, the print-medium (correspondence courses), contract programmes, study centres and mass media; (2) to provide access to higher education to large segments of the population and in particular the disadvantaged groups, such as, those living in remote and rural and tribal areas including working people, housewives and other adults who wish to upgrade or acquire knowledge through studies in various fields; (3) to provide flexibility with regard to eligibility for enrolment, age of entry, choice of courses, methods of learning, conduct of examinations and operation of the programmes, complementary to the programmes of the existing Universities in the State in the field of higher learning; (4) to offer degree, diploma and certificate programme/courses and to make provision for research for the advancement and dissemination of knowledge. (5) to advance and disseminate learning and knowledge by different means, including the use of communication technology. (6) to promote acquisition of knowledge in a rapidly developing and changing society and to offer opportunities for upgrading knowledge, training and skills in the context of innovations, research and discovery in all fields of human endeavours, (7) to establish the following Schools of Studies at the Headquarters of the University, namely – (i) School of Humanities, (ii) School of Social Sciences, (iii) School of Sciences and Technology, (iv) School of Education, (v) School of Continuing and Extension Education, (vi) School of Business and Management Studies, (vii) School of Health Care Studies; (viii) School of Computer and Information Sciences, (ix) School of Agriculture Science. (x) School of Tribal Studies (xi) School of Journalism and Mass Communication, (xii) School of Tourism and Hospitality Service Management झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 (xiii) School of Vocational Education and Training (xiv) School of Social Work, (xv) School of Gender and Development Studies (xvi) Any other Schools with the approval of the Government, (8) to contribute to the improvement of the educational system in Jharkhand by providing a non-formal channel complementary to the formal system by making wide use of texts and other software developed by the University. (i) to provide education and training in the various courses, (ii) to provide the counselling and guidance to its students (2) The University shall strive to fulfill the above objects by a diversity of means of distance education and shall function in cooperation with the existing Universities and Institutions of higher learning and make full use of the latest scientific knowledge and new educational technology to offer a high quality of education to meet contemporary needs.

6. Power and Functions of the University– (1) The University shall have the following powers and functions, namely:- (1) to provide for admission, instruction and training in such branches of knowledge, technology, vocations and professions as the University may determine from time to time and to make provision for research; (2) to plan and prescribe courses of study for degrees, diplomas, certificates or for any other purpose; (3) to hold examinations and confer degrees, diplomas, certificates or other academic distinctions or recognitions on persons who have pursued a course of study or conducted research in the manner laid down by the Statutes and Ordinances; (4) to confer honorary degrees or other distinctions in the manner laid down by the Statutes; (5) to determine the manner in which distance education in relation to the academic programmes of the University may be organised; (6) to make special provision for the spread of higher education among educationally backward classes and women; (7) to withdraw or cancel any Degree, Diploma or Certificate conferred or granted by the University in the manner as is prescribed by the Statutes; (8) to institute professorships, associate professorships, assistant professorships and other academic positions necessary for imparting instruction or for preparing educational material or for conducting other academic activities, including guidance, designing and delivery of course and evaluation of the work done by the students, and to appoint persons to such professorships, associate झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 professorships, assistant professorships and other academic positions under conditions prescribed by the Statutes made under this Act; (9) to co-operate with, and seek the co-operation of other universities and institutions of higher learning, professional bodies and organisations for such purposes as the University considers necessary; (10) to hold and manage trusts and endowments and to institute and award fellowships, scholarships, medals, prizes and such other awards for recognition of merit as the University may deem fit; (11) to establish the Centre for Internal Quality Assurance (CIQA) to develop and put in place a comprehensive and dynamic internal quality assurance system to provide high quality programmes of higher education in the Open and Distance Learning mode. The functions of Centre for Internal Quality Assurance (CIQA) shall be determined by the Statutes/Regulations framed under this Act. (12) to take such measures as are necessary to blend Information Communication Technologies (ICT), including those developed by national mission on education through Information and Communication Technology, for enhancing effectiveness of teaching–learning process, and administrative functioning and for maintenance of updated information at all times in respect of status of admissions, registration, for managing teaching-learning activities through on- line support for interactive learning with learner feedback, to facilitate the use of Open Educational Resources (OER), Massive Open Online Courses and for continuous as well as comprehensive evaluation, certification, and other aspects of student support; (13) to establish and maintain such Regional Centres as may be determined by the University from time to time; (14) to establish and maintain Study Centres in the manner laid down by the Statutes; (15) to establish, maintain and manage research departments in the manner prescribed by the Statutes made under this Act; (16) to inspect regional centers, study centers and recognised institutions and take measures to ensure proper standards of instruction, teaching and training with adequate library and laboratory provisions. (17) to provide for the preparation of instructional materials, including films, cassettes, tapes, video CD and other software to learners who are not physically present in a traditional setting of a classroom. Transaction of the curriculum is effected by means of specially prepared materials (self-study learning materials) which are delivered to the learners at their doorstep through various media such as print, television, radio, satellite, audio/video tapes, CD-ROMs, Internet and World Wide Web etc.; झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 (18) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, lesson writers, counsellors, evaluators and other academic staff; (19) to conduct courses through distance mode as are approved by the University Grants Commission, in accordance with the provisions of this Act. (20) to recognise examinations of, or periods of study (whether in full or part), of other universities, institutions or other places of higher learning as equivalent to examinations or periods of study in the University, and to withdraw such recognition at any time; (21) to make provision for research and development in educational technology and related matters; (22) to create teaching, administrative, ministerial and other posts as the University may deem necessary, from time to time, and to make appointments thereto, subject to condition that the University shall bear the salary cost of all such employees, both teaching, and non-teaching and other staff so appointed or engaged out of its own fund and shall not be entitled to any grant whatsoever from the Government towards the payment of salary, remuneration, cess or honorarium etc; (23) to lay down and regulate the salary, scale of pay, allowances and other conditions of service of the employees and members of the teaching and other academic and nonteaching staff of the University, including their code of conduct in accordance with the provisions of the State Government and UGC Guidelines. (24) to receive and maintain benefactions /donations and gifts for the purpose of the University; (25) to borrow, with the approval of the State Government, whether on the security of the property of the University or otherwise, money for the purposes of enhancing legitimate activities of the University; (26) to institute and maintain residential accommodations for students and staff of the University as appropriate; (27) to erect, equip and maintain laboratories, libraries and museums; (28) to acquire, hold and manage property both movable and immovable, to lease, sell or otherwise transfer or dispose of any property movable or immovable, which may vest in or be acquired by it for the purposes of the University, with the approval of the State Government, and to enter into contract and do all other acts or things necessary for the purposes of this Act: (i) Provided that no such lease, sale or transfer of immovable property shall be made without the prior approval of the various authority of the University and the State Government. (ii) Provided further that where the State Government is satisfied that any such property may, in the interest of the University, be given on lease or झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 otherwise transferred or disposed of, the Government shall issue necessary directions to the University and the University shall comply with such directions forthwith, (29) to enter into, carry out, vary or cancel contracts; (30) to fix, demand and receive such fees and other charges as may be laid down by the Ordinances; (31) to provide, control and maintain discipline among the students and all categories of employees and to lay down the conditions of service of such employees. including their codes of conduct; (32) to recognise any institution of higher learning or studies for such purposes as the University may determine and to withdraw such recognition; (33) to appoint, either on contract or otherwise, Officer on Special Duty (OSD), Visiting Professors, Emeritus Professors, Consultants, fellows, scholars, artists, course writers and such other persons who may contribute to the advancement of the objects of the University; (34) to recognise persons working in other universities, institutions or organisations as teachers/Counsellor of the University on such terms and conditions as may be laid down by the Ordinances; (35) to determine standards and to specify conditions for the admission of students to courses of study of the University which may include examination, evaluation and any other method of testing; (36) to make arrangements for the promotion of the general health and welfare of the employees; (37) to do all such acts as may be necessary or incidental to the exercise of all or any of the powers of the University as are necessary and conducive to the promotion of all or any of the objects of the University. (38) to do all such acts as may be necessary to introduce a technological medium that replaces the inter-personal communication of conventional classroom based education that takes place between the teacher and the learners; (39) to do all such acts to make communication effective between the institution, teachers and learners mainly through electronic media (telephone, interactive radio counselling, teleconferencing, videoconferencing, chat sessions, email, website etc.) and also through postal correspondence and limited face to face contact sessions held at Study Centres that should be set up by the University as close to the learners’ homes as possible; (40) to do all acts to disseminate and describe all the teaching learning arrangements, where the learner and the teacher are separated by space and time, in a mode that delivers education and instructions to learners in a befitting manner; झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 (41) to do all act necessary to cover a wide range of innovations and reforms in the educational sector that advocate flexibility to the learner with regard to entry and exit, pace and place of study, method of study and also the choice and combination of courses, assessment and course completion; (42) to do all such acts as may be necessary to remove or lessen restrictions which impede Open Learning System which is aimed to redress social or educational inequality and to offer opportunities not provided by conventional colleges or Universities and where the educational opportunities are planned deliberately so that access to education becomes easily available to larger sections of the society; (2) Notwithstanding anything contained in any other law, for the time being in force, but without prejudice to the provisions of sub-section (1) it shall be the duty of the University to take all such steps as it may deem fit for the promotion of the Open University and distance education systems and for determination of standards of teaching, evaluation and research in such systems. (3) In carrying out its objects, the University shall strive for cooperation with other Open Universities in India and shall observe, to the extent feasible, the educational norms and standards prescribed by them for Open Learning System.

7. University open to all classes, castes and creeds- No person shall be excluded from membership of any of the authorities of the University or from admission to any degree or course of study of the University on the ground of sex, race, descent, class, caste, language or political belief. It shall not be lawful for the University to adopt or impose on any person any test whatsoever relating to religious or political belief or dogma in order to entitle him to be admitted thereto as a teacher or student, or to hold any office or appointment therein, or to graduate therefrom, or to enjoy or exercise any privilege thereof, except where, in respect of any particular benefaction accepted by the University, such test is made a condition thereof by any testamentary or other instrument creating such benefaction : Provided that nothing contained in this section shall prevent the University from making any provision for reservation of posts and appointments in favour of members of the scheduled castes and scheduled tribes, backward classes, economically backward classes and women. University shall follow the reservation rule of the State Government.

8. Teaching– (1) All recognised teaching in connection with University courses shall be conducted through any means of communication, with the help of study centres, with adequate library facilities, part-time instructions, counselling, contact programme, working laboratories and home assignments etc. conducted by Professors, Associate Professors and Assistant Professors and other teachers in accordance with the syllabus prescribed by the Regulation. (2) The authorities responsible for organizing such teachings shall be prescribed by Statutes. (3) The courses and curriculum shall be prescribed by Regulations. झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 (4) It shall not be lawful for the University to maintain classes or conduct examinations for the purpose of preparing students to become eligible for admission to the courses/programmes run by the University. (5) The University shall conduct examinations for various courses in Art, Science, Commerce and other discipline as per prescribed rules and regulations. CHAPTER-3 Officers of the University

9. Officers of the University- The following shall be the Officers of the University, namely (i) The Chancellor; (ii) The Vice-Chancellor; (iii) The Pro-Vice-Chancellor; (iv) The Directors of Schools; (v) The Director of Centre for Internal Quality Assurance(CIQA) (vi) The Registrar; (vii) The Registrar (Examinations); (viii) The Finance Officer/Manager; (ix) The Manager (I.T.) (x) Such other persons as may be declared by the Statute to be the Officers of the University.

10. The Chancellor– (1) The Governor of Jharkhand shall be the Chancellor and shall, by virtue of his/her office, be the head of the University and shall, when present, preside over the convocation of the University. (2) The Chancellor shall have the right to inspect the University, its buildings, laboratories, workshops and equipment, any study centre, the teaching activities of the University, examinations conducted or any of the act done by the University, and/or to get such inspection done by any person or persons, who may be directed by him to do so and to enquire or to cause an enquiry to be made in like manner, in respect of any matter connected with the University, and it shall be the duty of the authorities of the University or the Study Centre to give full co-operation in such enquiry or inspection etc: Provided that the Chancellor shall, in every case, inform the Vice-Chancellor of his intention to inspect or inquire or to get the inspection or enquiry conducted and the University shall be entitled to be represented thereat. (3) (i) The Chancellor may send the results of such inspection or enquiry to the Vice- Chancellor and direct him to take action thereon. The Vice-Chancellor shall then झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 communicate the views of the Chancellor to the Executive Council and the Academic Council. (ii) The Executive Council and the Academic Council shall report to the Chancellor such action, if any, as they have taken or may propose some fresh action be taken upon the results of such inspection or enquiry. (iii) Where the Executive Council and the Academic Council do not within a reasonable time take action to the satisfaction of the Chancellor, the Chancellor may, after considering any explanation furnished or representation filed by the Executive Council and the Academic Council, issue such direction as he may think fit, through the Vice Chancellor, and the Executive Council and the Academic Council shall be bound to comply with the said direction at once: Provided that notwithstanding anything contained in this sub-section the Chancellor, if he considers necessary, may, on the report of the Vice-Chancellor or otherwise call for explanation from any teacher or officer or any other person connected with the University and after due consideration of the charges give such direction as he may think proper to which the Vice- Chancellor, the Executive Council and the Academic Council, as the case may be, shall comply within the period specified. (4) The Chancellor may, by order in writing, annul any proceeding of the University which is not in conformity with the Act, the Statutes, the Ordinances or the Regulations, or for which there is no sufficient justification: Provided that before making any such order, he shall call upon the University to show cause within the period specified by him why such order should not be made, and, if any cause is shown within the said period, he shall consider the same before issuing any direction. (5) The Chancellor may withdraw or rescind any order passed by him if he considers such withdrawal or rescission is proper in the eye of law or finds on the basis of records his previous order to be incorrect. (6) Every proposal for the conferment of an honorary degree shall be subject to the confirmation of the Chancellor. (7) Where power is conferred upon the Chancellor by this Act or the Statutes to nominate person(s) to authorities and bodies of the University the Chancellor shall, to the extent necessary and without prejudice to such powers, nominate person(s) to represent interests not otherwise adequately represented. (8) Notwithstanding anything contained in this section, the Chancellor may appoint any person, as he deems fit, as Officer-on-Special Duty (OSD) of the University established under this Act and the person so appointed shall hold office for such period, not exceeding two years, and subject to such terms and conditions as the Chancellor may fix in that behalf. (9) The Chancellor shall have such other powers as are conferred on him by this Act or the Statutes. झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021

11. The Vice-Chancellor– (1) The Vice-Chancellor shall be the principal executive and academic officer of the University, the Chairman of the Executive Council and the Academic Council. He shall be entitled to be present and speak at any meeting of any authority or body of the University and shall, in the absence of the Chancellor, preside at any convocation of the University. Provided that the Vice-Chancellor shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes. (2) The Vice-Chancellor shall be a whole-time salaried officer of the University and shall receive pay and allowances as determined by the State Government under the Statutes. (3) The Vice-Chancellor shall hold office for a term of three years from the date on which he assumes charge of the office. On the expiry of the said term he may be re-appointed for another terms not exceeding three years. (4) Selection of the Vice Chancellor- Persons of the highest level of competence, integrity, morals and institutional commitment are to be appointed as Vice-Chancellors of the University. The Vice- Chancellor to be appointed should be a distinguished academician, with a minimum of ten years of experience as Professor in a University system or ten years of experience in an equivalent position in a reputed research and / or academic administrative organization. Further, it would be desirable that the person has adequate administrative experience either at the Government or at the University level. The selection of Vice-Chancellor shall be done by a properly constituted Search Committee, consisting of five persons from amongst the applications received after notification of the vacancy of the Vice chancellor through public notification published in prominent newspapers, and from amongst nominations received for the post from eminent persons. The Search Committee shall be constituted as prescribed herein below. The members of the Search Committee must be persons of eminence in the sphere of higher education or its governance and shall not be connected in any manner with the University concerned. While preparing the panel, the search committee must give proper weightage to academic excellence, exposure to the higher education system in the country and abroad, and adequate experience to the person in academic and administrative governance. The Search Committee shall give its recommendation alongwith a panel of 3-5 names to be submitted to the Chancellor in writing. The names recommended must not be accused in any criminal case and must be persons of high integrity, clean character moral aptitude. (5) Following shall be the constitution of the Search Committee- A member nominated by the Chancellor, who shall be an eminent Scholar / Academician of national repute or a recipient of Padma Awards in the field of education who shall be the Chairman of the Committee. झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 The Director or Head of an institute or organization of national repute, such as, Indian Institute of Technology, Indian Institute of Science, Indian Space Research Organization, National Law University or National Research Laboratory or Vice- Chancellor of a statutory University nominated by the Chancellor as Member. The senior most Serving Vice Chancellor of the State University of the State of Jharkhand to be nominated by the Chancellor as member. The Vice Chancellor of the Indira Gandhi National Open University and in case of his unavailability, Vice Chancellor of any State Open University other than the Jharkhand State Open University to be nominated by the Chancellor as member, and The Serving Principal Secretary of the Department of Higher Education as member to be nominated by State Government. (6) Four members, including the Chairman, shall constitute the quorum. (7) The business of the Committee shall be conducted in such manner as may be prescribed, from time to time, by the Chancellor on that behalf, (8) The Committee constituted under sub-section (5) shall within a reasonable time, not exceeding 3 months in any case, select suitable persons whom it considers fit for being appointed as Vice-Chancellor and shall recommend to the Chancellor the names of the persons so selected together with such other particulars, if any Provided that the Committee shall not select any such persons who if appointed as Vice-Chancellor would cease to hold that office on account of attaining the age of seventy years before completion of the term of three years. (9) The Search Committee shall submit a panel of 3-5 eminent persons for the appointment to the post of Vice Chancellor: Provided that if the Chancellor does not approve the recommendations of the Search Committee, he may constitute a fresh Selection Committee and call for fresh recommendations from the search committee. (10) The panel recommended by the Search Committee shall remain in force for one year to meet out the eventualities like the incumbent person appointed in consultation with the State Government, at the first instance not joining the post or vacation of post of Vice- Chancellor on account of death, resignation or removal of the Vice-Chancellor under the provisions of this Act within one year, the Chancellor shall appoint the next Vice- Chancellor from the said panel in consultation with the State Government. (11) Appointment of the Vice Chancellor- (i) Chancellor shall appoint the Vice-Chancellor, out of the panel of 3-5 eminent persons recommended by the Search Committee, in consultation with the State Government from amongst persons having qualifications as mentioned in sub- section (4) (i). (ii) The Vice-Chancellor shall hold office for a term of three years from the date he assumes office as such and he shall be eligible for re appointment to that office for a further term. Provided that no person shall be appointed as Vice-Chancellor for more than two terms. झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 Provided further that no person appointed as Vice-Chancellor shall continue to hold office as such after he attains the age of seventy years. (iii) The Chancellor may, from time to time, extend the term of office of the Vice- Chancellor for a total period not exceeding six months without following the procedure laid down in subsection 4(2). (12) Emolument of the Vice Chancellor-The emoluments to be paid to the Vice-Chancellor, and the terms and conditions, subject to which he shall hold office, shall be such as may be prescribed by the Statutes. (13) Arrangement of work during temporary absence of the Vice Chancellor- During the temporary absence of the Vice-Chancellor by reason of leave, illness or any other cause, it shall be lawful for the Pro-Vice-Chancellor to exercise the powers and perform the duties of the Vice-Chancellor, and the matter shall be immediately reported to the Chancellor by the Registrar and if, in the opinion of the Chancellor, the temporary absence of the Vice-Chancellor is for a long period, the Chancellor may make such other arrangement as he thinks fit for carrying on the office of the Vice-Chancellor. (14) Powers and duties of the Vice-Chancellor- The powers and duties of the Vice-Chancellor shall be as follows:- (i) The executive authority of the University shall vest in the Vice-Chancellor. (ii) The Vice-Chancellor shall be the principal executive and the academic officer of the University and shall exercise general superintendence and control over the affairs of the University and shall execute the decisions of various authorities of universities. (iii) Subject to availability of funds in the budget, the Vice-Chancellor shall have the power to sanction, after obtaining the opinion of the Finance Officer/Manager, expenditure up to such sum as may be prescribed during the course of a financial year and shall make a report of all such expenditure to the Executive Committee at the earliest. (iv) If in the opinion of the Vice-Chancellor it is necessary to take immediate action on any matter for which powers are conferred on any other officer or authority by or under this Act, he may take such action, as he deems necessary, and shall at the earliest opportunity thereafter report his action to such officer or authority as would have in the ordinary course dealt with the matter; Provided that if in the opinion of the concerned officer or authority such action should not have been taken by the Vice-Chancellor, then such case shall be referred to the Chancellor, whose decision thereon shall be final; Provided further that where any such action taken by the Vice- Chancellor affect any person in the service of the University, such person shall be entitled to prefer, within three months from the date on which such action is communicated to him, an appeal to the Chancellor and the decision of the Chancellor shall be communicated to the person concerned within three months from the date of appeal. झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 Provided further that if the matter involves any financial transaction, the Vice-Chancellor shall, before passing such order or taking such decision, obtain the opinion of the Finance Officer/Manager. (v) The Vice-Chancellor shall exercise such powers and perform such duties as may be prescribed by this Act, the Statutes, the Regulations or the Rules. (vi) If in the opinion of the Vice-Chancellor any decision of any officer or authority of the University is beyond the powers conferred by the provisions of this Act or Statutes, Ordinances, regulations or rules made thereunder or is not in the interest of the University, he shall request the concerned officer or authority to review its decision within fifteen days from such decision and in case the authority refuses to review such decision either in whole or in part or fails to take any decision within the said period, such matter shall be referred to the Chancellor whose decision thereon shall be final. Provided that the decision of the officer or authority concerned shall remain suspended during the period of review of such decision by the officer or the authority or the Chancellor, as the case may be, under this subsection. (vii) The Vice-Chancellor shall review the performance of teachers and officers of the University annually and submit a report thereon to the Chancellor in the manner prescribed. (viii) The Vice-Chancellor shall have power, — (a) to require the teachers of the University or Regional Centres of the University to report to him about the conduct of University examination, and (b) to give such directions to the officers in charge of such examinations as he deems necessary. (ix) The Vice-Chancellor shall ensure that the provisions of the Act, the Statutes, Ordinances, regulations and rules are observed. (x) The Vice-Chancellor shall, subject to the provisions of this Act, the Statutes and the Ordinance, made thereunder, have power to make appointment to posts within the sanctioned grades and scales of pay and within the sanctioned strength of the ministerial staff and other servants of the University, not being teachers and officers of the University and have control and full disciplinary powers over such staff and servants. The appointment process for these posts shall be completely transparent. The advertisement for the appointment of these posts shall be advertised in leading newspapers. The current reservation policy of the State Government shall strictly be followed as per roster in the appointment of these posts. All these appointments shall be prominently displayed on the home page of the website of the University. (xi) The Vice-Chancellor shall have power to convene meetings of the Executive Council, its Committees and Sub-Committees, Academic Council and any other authorities of the University. He shall be ex-officio Chairman of those meetings झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 provided that he may on account of his unavailability delegate the power under this sub-section to any other officer of the University. (xii) The Vice-Chancellor shall have the right to visit and inspect the study centres and buildings, laboratories, workshops and equipments thereof and any other institution associated with the University. (xiii) Save as otherwise provided in the Ordinance or the Statutes, the Vice-Chancellor shall appoint officers other than the Pro- Vice-Chancellor, with the approval of the Chancellor, and teachers and shall define their duties. (xiv) (a) Subject to the provisions of this Act it shall be the duty of the Vice- Chancellor to see whether the proceedings of the University are carried out in accordance with the provisions of this Act, the Statutes, the Ordinances, the Regulations and the Rules or not, and the Vice- Chancellor shall report to the Chancellor every such proceeding which is not in conformity with such provisions. (b) Till such time as the orders of the Chancellor are not received on the report of the Vice-Chancellor that the proceeding of the University is not in accordance with this Act, the Statutes, the Ordinances, the Regulations and the Rules, the Vice-Chancellor shall have the powers to stay the proceeding reported against. (xv) The Vice-Chancellor shall have power to take disciplinary action against all employees of the University including officers (other than the Pro-Vice- Chancellor and Registrar) and teachers of the University. (xvi) An appeal shall lie to the Chancellor against the order of the Vice-Chancellor imposing the penalty of dismissal, removal from service or reduction in rank.

12. Removal of the Vice Chancellor- (1) If at any time and after such enquiry as may be considered necessary, it appears to the Chancellor that the Vice-Chancellor– (i) has failed to discharge any duty imposed upon him, by or under this Act, the Statutes, the Ordinance, or (ii) has acted in a manner prejudicial to the interests of the University, or (iii) has been incapable of managing the affairs of the University, The Chancellor may, in consultation with the State Government, notwithstanding the fact that the term of office of the Vice- Chancellor has not expired, by an order in writing stating the reasons therein require the Vice- Chancellor to relinquish his office from such date as may be specified in the order. (2) No order under sub-section (1) shall be passed unless the particulars of the grounds on which such action is proposed to be taken are communicated to the Vice-Chancellor and he is given reasonable opportunity of showing cause against the proposed order. झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 (3) As from the date specified under sub-section (1) the Vice Chancellor shall be deemed to have relinquished the office and the office of the Vice Chancellor vacant from the said date.

13. The Pro Vice Chancellor- (1) The Pro Vice-Chancellor shall be appointed by the Chancellor in consultation with the State Government and the Vice Chancellor of the University in the same manner as prescribed for appointment of Vice-Chancellor. (2) A Pro-Vice-Chancellor shall be the whole time Officer of the University. He/she shall hold office, on such conditions as may be determined by the Chancellor in consultation with the State Government, for a period not exceeding three years. (3) The Pro Vice-Chancellor shall hold office for a term of three years from the date he/she assumes office as such and he/she shall be eligible for re appointment to that office for another term. Provided that no person shall be appointed as Pro Vice Chancellor for more than two terms. Provided further that no person appointed as Pro Vice-Chancellor shall continue to hold office as such after he attains the age of seventy years. (4) Subject to the provisions of this Act, the Pro-Vice-Chancellor shall exercise such powers and perform such duties as may be prescribed or as may be conferred or imposed on him, from time to time, by the Vice-Chancellor.

14. The Directors of Schools- (1) Each School shall be headed by a Director of School and every such Director shall be appointed in such manner and on such emolument and other conditions of service and shall exercise such powers and perform such duties and functions as may be prescribed by the Statutes. (2) Every Director of School shall be appointed by the Executive Council on the recommendation of :- (i) the Vice-Chancellor, in case the candidate to be appointed is already a teacher of the University; Provided that a Director of a School shall be appointed from amongst the Professors (by rotation) of the School by the Executive Council on the recommendations of the Vice-Chancellor and in case there is only one Professor or no Professor available/eligible in the University, the senior-most teacher at the level of Associate Professor in the University shall be given the charge of the Director by rotation; (ii) on the recommendation of a Selection Committee constituted for the purpose as per the qualifications prescribed by the Statutes in each case. (3) A Director shall hold office for a period of three years and that he shall be eligible for re- appointment. (4) Every Director shall be whole-time salaried officer of the University; झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 Provided that one of Directors shall be in charge of the administrative affairs of the teachers. (5) The emoluments and other conditions of service of the Director shall be prescribed by the Statutes. Provided that a Director shall retire on attaining the age of sixty five years. (6) A Director shall exercise such powers and perform such functions as may be prescribed by the Statutes.

15. The Director of Centre for Internal Quality Assurance-Centre for Internal Quality Assurance (CIQA) shall be headed by a full-time Director, being a senior academician of the rank of a Professor and such Director shall be appointed in such manner and on such emolument and other conditions of service and shall exercise such powers and perform such duties and functions as may be prescribed by the Statutes.

16. The Registrar- (1) The Registrar shall be a whole time Officer and shall be appointed in such manner and on such terms and conditions as may be prescribed by the Statutes. (2) The Registrar shall be appointed (Direct Recruitment) from amongst persons having qualifications as mentioned below: (i) Master degree with at-least 55% of the marks or its equivalent grade of B in the UGC seven point scales in any discipline from a recognized University/Institute. (ii) At least 15 years of experience as Assistant Professor/Lecturer or six years’ experience as Associate Professor or Reader or as Professor along with experience in educational administration/ Directorate. Or (iii) Comparable experience in research establishment and / or other institutions of higher education. Or (iv) At least 15 years of administrative and teaching or administration experience of which 8 years as Deputy Registrar or an equivalent post. (3) The emoluments to be paid to the Registrar and the terms and conditions of his service shall be such as may be prescribed by the Statutes but his emoluments shall be in no case less than that of a Professor of the University, and he- (1) shall act as Secretary to the Executive Council and the Academic Council; (2) shall manage the property and the investments of the University; (3) shall sign all contracts made on behalf of the University; (4) shall exercise and perform such other powers and duties as may be prescribed by the Statutes, the Ordinances, or the Regulations and the Rules as may, from time to time, be framed, conferred and imposed on him by the Executive Council and the Academic Council; झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 (5) Ensure that all money are utilised for the purpose for which the funds are granted or allotted by the appropriate authority; (6) All suits or other legal proceedings by or against the University shall be instituted by or against the Registrar, and (7) shall generally render such assistance to the Vice-Chancellor as may be desired by him in the performance of his duties. (4) The Chancellor shall be empowered to make necessary arrangements for discharging the functions of Registrar if that position falls suddenly vacant due to resignation, retirement, death or any other reason till regular appointment is made. (5) Notwithstanding anything contained in this Act or the Statutes the Chancellor may, if he thinks proper, appoint on Contract basis qualified person having not less than 15 years of experience in an open University of the State or Central Government, as a Registrar in a serving or retired capacity on such terms and conditions as may be prescribed by the Chancellor. Provided that arrangement made under sub section (5) may be for a period not exceeding two years. On the expiry of the said term he may be re-appointed for another term not exceeding one year. Provided further that no person appointed as Registrar under sub-section (5) shall continue to hold office as such after he attains the age of 70 years.

17. The Registrar (Examination)- (1) The Registrar (Examination) shall be appointed by the Chancellor in the same manner as prescribed for appointment of Registrar. (2) The Registrar (Examination) a whole time Officer of the University shall be in-charge of conduct of examination of the University and matters relating thereto and shall act as Secretary to the Examination Board and shall exercise such powers and perform such duties as may be prescribed by the Statutes, the Ordinances, the Regulations and the Rules or as may, from time to time, be conferred or imposed on him, by the Vice- Chancellor. (3) The Registrar (Examination) shall be responsible for the preparation of question papers, fixation of time Schedule for the examination, evaluation of answer books etc, publication of results, issue of certificates and all such other works related to examinations.

18. The Finance Officer/Manager- (1) The Finance Officer/Manager shall be a whole time Officer of the University and shall be appointed by the Chancellor. (2) The emoluments and other conditions of service of the Finance Officer shall be prescribed by the Statutes: (3) The Finance Officer/Manager shall act as Secretary to the Finance Committee and shall exercise such powers and perform such duties as may be prescribed by the Statutes, the Ordinances, the Regulations and the Rules, or as may from time to time, be conferred or imposed on him by the Executive Council or the Vice-Chancellor. झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 (4) When the office of the Finance Officer is vacant or when the Finance Officer by reason of ill health, absence or any other cause is unable to perform his functions as Finance Officer, his functions shall be performed by such person as the Vice-Chancellor may appoint for the purpose with the approval of the Chancellor. (5) Subject to the control of the Vice-Chancellor and the Executive Council, the Finance Officer shall: (i) hold and manage the properties and investments of the University, including trust and immovable properties for fulfilling any of the objects of the University; (ii) ensure that the limits fixed by the Finance Committee for recurring and non- recurring expenditure for a year are not exceeded and the money is expended or spent for the purposes for which it was granted or allotted; (iii) be responsible for the preparation of the Annual Accounts and the budget of the University and for their presentation to the Executive Council after they have been considered by the Finance Committee; (iv) keep a constant watch on the cash and bank balances and investments; (v) watch the progress of collection of revenue and advise on the methods of collection employed; (vi) ensure that the registers of properties of the University are maintained properly and that stock checking is conducted of equipments and other materials in the offices of the University, including Regional Centres, Study Centres and other institutions maintained by the University: (vii) bring to the notice of the Vice-Chancellor any unauthorised expenditure or other financial irregularities and suggest appropriate action against persons at fault: (viii) call from any office of the University, including Regional Centres, Study Centres and other institutions maintained by the University, any information or reports that he may consider necessary to look into proprietary of the money expanded. (6) Any receipt given by the Finance Officer or by the person or persons duly authorised in this behalf by the Executive council shall be a sufficient discharge for payment of moneys to the University.

19. The Manager (I.T.) – (1) The Manager (IT) shall be a whole time Officer of the University and shall be appointed by the Vice Chancellor with the approval of the Chancellor. (2) The emoluments and other conditions of service of the Manager(IT) shall be prescribed by the Statutes: (3) The Manager(IT) shall act as In charge of the Computer Cell, and shall exercise such powers and perform such duties as may be prescribed by the Statutes, the Ordinances, the Regulations and the Rules, or as are conferred or imposed on him from time to time by the Executive Council, the Vice-Chancellor, or the Registrar. झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 CHAPTER-4 Authorities of the University

20. Authorities of the University– The following shall be the authorities of the University, namely:- (i) The Executive Council; (ii) The Academic Council; (iii) The Planning Board (iv) The School of Studies; (v) The Examination Board; (vi) The Finance Committee; and (vii) Such other authorities as may be declared to be the authorities of the University by the Statutes.

21. The Executive Council- (1) The Executive Council shall be the Chief Executive body of the University and shall consist of the following persons, namely:- Ex-officio Members (i) The Vice-Chancellor, (ii) The Pro-Vice-Chancellor, (iii) The Director, Higher Education, Jharkhand. Other Members (iv) Two Vice-Chancellors to be nominated by the Chancellor from the list given below for a period of one year on rotation basis:- (Name of the University in alphabetical order) a. Baba Baidya Nath Dham Sanskrit University, Deoghar b. Binod Bihari Mahto Koylanchal University, Dhanbad. c. Dr. Shyama Prasad Mukerjii University, Ranchi. d. Jamshedpur Women University, Jamshedpur. e. Jharkhand Raksha Shakti University, Ranchi. f. Jharkhand University of Technology, Ranchi. g. Kolhan University, Chaibasa. h. Nilamber Pitamber University, Medninagar, Palamu. i. Ranchi University, Ranchi j. Sido Kanhu Murmu University, Dumka. k. Vinoba Bhave University, Hazaribagh झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 (v) Two Director of Schools of Studies, as may be prescribed by the Statutes, by rotation for a period of one year from the date of nomination. (vi) Two from amongst the Professors and Associate Professors of the University, other than Director of the Schools and two such Assistant Professor who have teaching experience of at least ten years shall be nominated by the Chancellor. (vii) One person reputed for his scholarship and academic interest to be nominated by the Chancellor. (viii) In case none of the members from clauses (i) to (vii) above belongs to the Scheduled Caste or Scheduled tribe, the Chancellor may nominate a person belonging to Scheduled caste or Scheduled tribe, who, in his opinion is interested in the cause of education, to be member of the Executive Council for a period not exceeding three years but if during the said period of three years a person belonging to Scheduled Caste or Scheduled Tribe becomes a member under any of the clauses (i) to (vii) the person nominated under this clause shall automatically cease to be a member of the Executive Council with immediate effect. Provided that until appointments are made so as to fill up the seats specified in clauses (v) and (vi) the Chancellor shall nominate the teachers from other Universities in the State, who are not below the rank of Professors, to be the members of the Executive Council against those seats. (2) Powers and duties of the Executive Council- The Executive Council:- (i) shall hold, control and manage the property and funds (together with endowments, bequests and donations) of the University, its Regional and Study Centre and other transfers of property made to the University; (ii) shall regulate the form, provide for the custody and regulate the use of the common seal of the University; (iii) shall, subject to the powers conferred by or under this Act on the Vice- Chancellor and the Academic Council, determine and regulate all matters concerning the University in accordance with the Ordinance, the Statutes, and the Regulations; (iv) shall manage funds placed at the disposal of the University for specific purposes; (v) shall have power to accept transfers on behalf of the University of any movable or immovable property to and for the benefit of the University or a Study centre; (vi) shall make the Statutes and the Ordinances, and shall also amend or suggest to repeal any of the Statutes etc to the Chancellor for his approval; (vii) shall make the Regulations, and suggested amendment or repeal thereto, to the Chancellor for his approval; (viii) shall pass resolution after having considered the annual report, the annual account, the budget estimates and audit report on such accounts; झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 (ix) shall exercise the powers for the purpose of control in Regional and Study centres, including their superintendence and recognition and de-recognition of Study centres; (x) shall institute and confer such degrees, titles, diplomas and other academic distinctions as may be prescribed by the Statutes; and (xi) shall exercise such other powers and perform such other duties as are conferred or imposed on it by the Ordinance or the Statutes. (3) Terms of office of the Members of the Executive Council– Save as otherwise provided under this Act, the terms of office of members, other than ex-officio members of the Executive Council, shall be of three years from the date of their election or nomination as the case may be and shall include any further period which may elapse between the expiration of the said three years and the date of the next succeeding election or nomination not being an election or nomination to fill up any casual vacancy: Provided that a member elected or nominated as a representative of any body shall be deemed to have vacated office with effect from the date on which he ceases to be a member of the body which elected or nominated him

22. The Academic Council- (1) The Academic Council shall consist of- Ex-officio Members (i) The Vice-Chancellor; (ii) The Pro-Vice-Chancellor; (iii) The Director, Higher Education, Jharkhand; (iv) All Directors of Schools of Studies Other Members (v) other than Director, Professors and Coordinators, who shall in the manner prescribed by the Statutes, be elected by the teachers of the University in such a manner that each School may get representation; (vi) not more than two experts from outside the University service, to be co-opted by the Academic Council for specific purposes according to need: Provided that until appointments are made so as to fill up the seats specified in clauses (iv) and (v), the Chancellor shall nominate such number of teachers from other Universities in the State as he may think fit, not below the rank of Professor, to be members of the Academic Council. (2) The terms of office of members, other than the ex-officio members, shall be for a period of three years with effect from the date of their respective election or nomination and झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 shall include any further period which may elapse between the expiration of the said period of three years and the date of the next succeeding election or nomination, as the case may be, not being an election or nomination to fill up any casual vacancy: Provided that any member elected or nominated shall be deemed to vacate office with effect from the date on which he ceases to be a member of the body which elected or nominated him. (3) Powers and duties of the Academic Council- The Academic Council shall be the chief academic and planning body of the University and shall:- (i) subject to the powers conferred by or under this Act on the Vice-Chancellor and on the Executive Council, determine and regulate all academic and planning matters concerning the University in accordance with this Act and the Statutes. (ii) have the powers of superintendence and control over and be responsible for the maintenance of standards of instruction and education through any means of communication, correspondence course, contact programme and the promotion of research work in the University; (iii) prepare and finalise plan and programme of development and improvements of the University, its Courses of Study, examination and evaluation including new methods of teaching and for consultation and exchange of information with similar organisations, other Universities and research institutes; (iv) exercise supervision and control over the conduct of teaching in the School and study centres in such manner as may be prescribed by the Statutes; (v) have powers of general control over the Examination Board, and may review the results of University Examinations; and (vi) exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes.

23. The Planning Board- (1) Planning Board shall be the principal planning body of the University and shall also be responsible for the monitoring of the development of the University on the lines indicated in the objects of the University. (2) The Planning Board shall consist of the following: (i) Vice-Chancellor; (ii) Pro- Vice Chancellor; (iii) Four persons to be nominated by the Vice-Chancellor from amongst the academic staff of the University; (iv) Five persons, who are not employees of the University, to be nominated by the Chancellor, one each representing the following sectors: a. Vocational/Technical Education; b. Media/Communication; c. Man power Planning: झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 d. Agriculture/Rural Development and allied activities: and e. Women’s Studies. (v) Five persons, who are not employees of the University, to be nominated by the Executive Council, for theire xpertise, one each of the following areas of specialization: a. Management; b. Learned Professions; c. Education; d. Distance Education; and e. Commerce and Industry. (vi) Registrar (Examination) shall be a Member. – (Ex-Officio) (vii) Registrar shall be the Member Secretary of the Planning Board.

24. The Schools of Studies- (1) Subject to the provisions of clause (7) of sub-section (1) of section-5 there shall be such number of Schools of Studies as the University may, determine from time to time. (2) The constitution, powers and functions of the Schools of Studies shall be such as may be prescribed by the Statutes.

25. The Examination Board- (1) Subject to the provisions of the Regulations, the Examination Board shall advice in respect of conduct of examinations. It shall consist of the Vice-Chancellor as Chairman and Director of Schools as members and Registrar (Examination) as Secretary. (2) The Examination Board shall render advice to the Vice-Chancellor on conduct of examinations and appointments of examiners, setting and moderating of question papers, preparation, moderation and publication of examination results, submission of such examination results to the Academic Council, and generally regulating the methods of improvement in the procedure of correct evaluation of achievement of students. The Vice-Chancellor shall be competent to take final decision: Provided that the Vice-Chancellor shall appoint the question setters and examiners from the panel of names submitted by the Examination Board.

26. The Finance Committee- (1) The Finance Committee shall consist of the Vice-Chancellor as the Chairman, the Pro- Vice-Chancellor, an Officer of the State Government not below the rank of a Joint Secretary to be nominated by the State Government the finance officer of the University and three such other members as are not members of the Executive Council, to be elected by and from amongst the teachers of the University in the manner prescribed by the Statutes: Provided that until appointments of teachers are made, the Chancellor shall nominate one teacher and two Finance Officers from other Universities in the State to be the members of the Finance Committee. The teacher to be nominated must not be below the rank of Professor. झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 (2) The term of office of members, other than the ex-officio members, shall be for a period of three years with effect from the respective dates of their election and shall include any further period which may elapse between the expiration of the said three years and the date of the next succeeding election not being an election to fill up any casual vacancy. (3) The Finance Committee shall- (i) advise the University on any question affecting its finances; (ii) prepare the annual estimate of income and expenditure of the University including the estimates of the Schools of the University and of the Study Centres recognised by it; (iii) subject to Statutes, it shall have power to scrutinise the estimates of the study centres; (iv) subject to Statutes, have power to scrutinise every item of new expenditure not provided for in the Budget estimates of the University; (v) be responsible for the strict observance of the Statutes relating to the maintenance of accounts of income and expenditure of the University; and (vi) discharge such other functions of financial nature as may, from time to time be prescribed by the Statutes or entrusted to it by the Executive Council

27. Other authorities of the University- The constitution, powers and duties of such other authorities, as may be declared by the Statutes to be authorities of the University, shall be prescribed by the Statutes.

28. Holding of examination– (1) The examination of the University shall be held from such dates as may be prescribed in the Academic calendar approved by the Academic Council for each academic year. (2) Results of examinations shall be published within sixty days of the completion of the concerned examination, which may be extended to a period beyond sixty days for reasons to be recorded in writing. Chapter-5 Statutes. Regulations, Ordinances and Rule

29. The Statutes- Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely — (1) the manner of appointment of the Vice-Chancellor, the term of his appointment, the emoluments and other conditions of his service and the powers and functions that may be exercised and performed by him; (2) the manner of appointment of the Pro-Vice-Chancellor, the term of his appointment, the emoluments and other conditions of his service and the powers and functions that may be exercised and performed by him; झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 (3) the manner of appointment of Directors, Registrars, the Finance Officer/Manager, the Manager (IT) and other officers, the emoluments and other conditions of their service and the powers and functions that may be exercised and performed by each of the officers; (4) the manner of appointment of teachers and other employees of the University, their qualifications, the code of conduct and other conditions of service including the manner of termination of service and other disciplinary action; (5) the principles governing the seniority of service of the employees of the University; (6) the constitution of a pension, or provident fund and the establishment of an insurance scheme for the benefit of the teachers and employees of the University; (7) the procedure for constitution of different authorities of the University, the term of office of the members of such authorities, procedure for meeting of authorities and for the transaction of their business, and the powers and functions that may be exercised and performed by such authorities; (8) the number, qualification grade, pay, reservation of posts for scheduled castes and scheduled tribes, backward classes, economically backward classes and women and the creation of new posts after considering, as the case may be, the recommendations of the Academic Council and the Executive Council in the case of creation of other posts, and the recommendation of the Executive Council in the case of post of officers and employees of the University; (9) the procedure in relation to any appeal or application for review by any employee or student of the University against the action of any officer or authority of the University, including the time within which such appeal or application for review shall be preferred or made; (10) the procedure for the settlement of disputes between the employees or students of the University, and the University; (11) the acceptance and management of trusts, bequests, donations and endowments; (12) the institution of fellowships, scholarships, exhibitions, medals and prizes; (13) holding of convocations to confer degrees and conferment of honorary degrees (14) institution and maintenance by the University of the centres of research or specialised studies and post-graduate centres; (15) The recognition of educational institutions and establishment of Regional centres, study centres and withdrawal of recognition; (16) The institution of schools of studies and their constitution, powers and functions, maintenance and management; (17) registration of graduates and maintenance of list of registered graduates; and (18) all other matters which, by or under this Act, are to be, or may be prescribed by the Statutes झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021

30. Statutes, how to be made- (1) The Executive Council may, either on its own motion or on submission by the Academic Council, make statutes or propose to amend or repeal them: Provided that Executive Council shall not take up any such statutes as may affect the status, powers and constitution of any authority of the University unless that authority has been allowed an opportunity to furnish written opinion upon the proposed changes and the Executive Council shall have to consider such opinion expressed in writing. (2) If the draft of any statutes or a portion thereof after being presented by the Academic Council before the Executive Council is sent back to the Academic Council for reconsideration and the Academic Council does not agree, after reconsideration to the amendment suggested by the Executive Council, then it shall be lawful for the Executive Council to pass the statutes or a portion of the statutes in such form as it may deem appropriate and the decision of the Executive Council shall, subject to the provisions contained in sub-section (3) and sub-section (4) be final. (3) Where the draft of any statute has been passed by the Executive Council it shall be submitted to the Chancellor, who may after obtaining the advice of the Department of Higher Education, Government of Jharkhand, declare that he assents to the statute, with or without amendment or that he withholds assent therefrom. As there is no financial assistance from the State Government except of the seed money, the Department of Higher Education may take decision at its own level. (4) A statute passed by the Executive Council shall have no validity until it has been assented to by the Chancellor.

31. Ordinances– (1) The Executive Council may subject to the provision of this Act and Statutes, make Ordinances to provide for all or any of the following matters, namely:- (i) the admission of students to the University, the courses of study and the fees therefore, the qualifications pertaining to degrees, diplomas, certificates and other academic distinctions, the conditions for the grant of fellowships, awards and the like, (ii) the conduct of examinations, including the terms and conditions for appointment of examiners and the general discipline of students; (iii) fixation of examination fees and emoluments traveling and other allowances to be paid to the examiners, moderators and such other staff appointed for the examination work, (iv) payment for teachers, lesson writers, evaluators and other academic staff appointed for organization and conducting refresher courses, counselling classes, workshop, seminars and other programmes; (v) rates of remuneration to visiting professors, emeritus professors, consultants, fellows, scholars, artists, course writers; झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 (vi) the conduct and discipline of the students and the action to be taken against them for breach of discipline or misconduct, with due regard to the Jharkhand Conduct of Examinations Act, 2001. (vii) the conduct of examinations and other tests and the manner in which the candidate may be assessed or examined by the examiner. (viii) the inspection of regional centres, study centres and recognized institution; (ix) any other matter which by this Act or the Statutes, are to be, or may be provided for by the Ordinances (2) An Ordinance made by the Executive Council, under sub-section (1), shall be submitted as soon as possible be to the Chancellor who shall after obtaining the advice of the Department of Higher Education, Government of Jharkhand, declare that he assents to the Ordinance with or without amendment or that he withholds his assent therefrom. As there is no financial assistance from the State Government except of the seed money, the Department of Higher Education may take decision at its own level. (3) An Ordinance shall have no validity until it has been assented to by the Chancellor.

32. Regulation, how to be made- (1) Subject to the provisions of this Act the Statutes and the Ordinances, Regulations may be made to provide for all or any of the following matters, namely:- (i) The courses of study to be laid down for all degrees, diplomas and certificates of the University; (ii) The condition under which students shall be admitted to the degree or diploma or certificate course and to the examination of the University and shall be eligible for such degrees, diplomas and certificates; (iii) The formation of programme in the school; (iv) The conditions and mode of appointment and duties of paper setters and examiners and the conduct of examinations: (v) The standard of courses to be maintained in the study centres; and (vi) All matters which by this Ordinance, the Statutes or the Act are to be or may be provided for by Regulations. (2) (i) A Regulation made by the Academic Council under sub-section (1) shall be forwarded, as soon as may be, to the Executive Council for consideration and approval. Where the Executive Council wish to make any amendment it shall obtain the opinion of the Academic Council and shall consider the same. (ii) A regulation/statute/ordinance shall have effect from the date on which it is approved by the Chancellor, with or without amendment, after consultation with the Department of Higher Education, Government of Jharkhand or such other date as the Executive Council may decide. झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021

33. Rules– (1) The authorities and the Boards of the University constituted either under this Act or under the Statutes made there under may make Rules consistent with the Act, the Statutes, the Ordinances and the Regulations for the following matters, namely:- (i) Laying down the procedure to be observed at their meetings and the number of members required to form a quorum; (ii) Laying down the procedure to be observed by committees subordinate to any such authorities and the Boards at their meetings and the number of members required to form a quorum; (iii) Providing for all matters which by this Ordinance, the Statutes, the Act or the Regulations are to be prescribed by the Rules; and (iv) Providing for all other matters exclusively concerning such authorities, Committees and Boards and not provided for by this Act, the Statutes, the Ordinances or the Regulations. (2) Every authority of the University may make Rules providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of the meetings. (3) The Rules made under sub-sections (1) and (2) shall be submitted to the Executive Committee for approval which may approve the same with or without any amendment. CHAPTER-6 The Annual Report, Finance and Accounts

34. Annual Report of the University– (1) The annual report on the working of the University shall be prepared under the direction of the Vice-Chancellor and shall include the annual accounts of the University and the steps taken by the University towards the fulfilment of its objects shall be submitted to the Executive Council on or before such date as may be prescribed by the Statutes and shall be considered by the Executive Council which may pass resolutions thereon for such action, if any, as may be specified in such resolutions : Provided that no decision shall be taken on the annual accounts nor shall there be anything in the resolution on the annual report which may have the effect of anticipating the report of the auditors on the annual accounts. (2) The Executive Council shall also submit the annual report to the Chancellor along with its comments, if any. झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021

35. The University Fund– (1) There shall be a Fund to be called the Jharkhand State Open University Fund and this fund shall vest in the University for the purposes of this Act, subject to the provision contained therein, and the following amounts shall be credited thereto, namely — (i) The seed money contributed or granted to the University from Consolidated Fund of the State of Jharkhand by the State Government, for the purposes of the University and the money borrowed by the University for the purpose of carrying out the provisions of this Act and the Statutes, Ordinances, Regulations and Rules made thereunder: (ii) any contribution or grant by the Central Government, Distance Education Bureau, Industrial Undertakings, Corporations, Companies Associations, other bodies or local authorities; (iii) All money received by and on behalf of the Study Centres and Schools established and maintained by the University including all sums paid to the University under any provision of this Act and the Statutes, Ordinances, Regulations and Rules made thereunder; (iv) All interests and profits arising from endowments made to the University and all contributions, donations and subsidies received from any authority or private person; (v) All fees payable and levied under this Act and the Statutes, Ordinances and Regulations made thereunder; and (vi) All other sums received by the University, not included in clauses (a), (b), (c) (d) and (e). (2) The University fund shall be kept in such scheduled bank within the meaning of the Reserve Bank of India Act, 1934 (II of 1934), or invested in securities authorised by the Indian Trusts Act, 1882 (II of 1882). (3) The University may, from time to time establish such other funds in such name and for such specific purposes as may be decided by the Executive Council. (4) The funds and all moneys of the University shall be managed in such manners as may be prescribed by the Statutes. (5) The University with regard to the purpose and amount of loan may borrow any sum of money from any Nationalised Bank or Scheduled Bank or any other corporate body or any financial institution.

36. Contribution by Government to the University– (1) The State Government shall contribute a lump sum amount to the University fund as a seed money to help the University to establish itself, out of the consolidated fund of the Jharkhand State. झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 (2) The University shall bear the expenses of a recurring nature (salary and other establishment expenses) out of its own fund and shall not be entitled to any recurring grant from the State Government.

37. Objects to which the University Fund may be applied- The University Fund shall be applicable to the following objects :- (i) to the repayment of debts incurred by the University for the purposes of this Act and the Statutes, the Ordinances, the Regulations and the Rules made thereunder; (ii) to the upkeep of the Schools, the Regional Centres, Study Centres etc established by the University; (iii) to the payment of the salaries and advances of officers, teachers and other employees of the University, and of any Provident Fund contributions or pension or gratuity to any such officers, teachers and other employees; (iv) to the payment of the travelling and other allowances of the members of the Executive Council, the Academic Council and any other authorities of the University or the members of any Committee or Boards appointed in pursuance of any provisions of this Act and the Statutes, the Regulations and the Rules made thereunder; (v) to the making of grants to the study centres and other institutions; (vi) to the payment of the cost of audit of the University Fund and of the cost of audit of the accounts of any department or study centre; (vii) to the payment of expenses of any suit or proceeding to which the University is a party; (viii) to the payment of any expense incurred by the University in carrying out the provisions of this Act and the Statutes, the Ordinances, the Regulations and the Rules made thereunder; and (ix) to the payment of any other expense, though not specified in any of the preceding clauses, but declared by the Executive Council to be the expense for the purpose of the University.

38. Annual Financial Estimates- (1) The Director of every school, Director of every Regional Centre and Coordinator of every Study Centre shall, if required to do so, prepare in the prescribed form an estimate of its probable income and expenditure for the next ensuing financial year and the same shall be considered and sanctioned by the Executive Council either without alteration or with such alterations as it thinks fit. (2) On receipt of the estimate under sub-section (1), the annual financial estimates of the University for any Financial Year shall be prepared under the direction of the Executive Council by the Finance Committee at least five months before the commencement of the next financial year. (3) The Finance Committee shall prepare the financial estimate of receipts and expenditure of the University in such manner as may be prescribed by the Statutes. झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 (4) Every estimate prepared under sub-section (2) shall in accordance with the directions given by the Vice Chancellor, make provisions for the due fulfilment of all the liabilities of the University, including the allotment of grants to the Schools, Regional Centres and Study Centres and for the efficient administration of this Act and the Statutes, the Ordinances, the Regulations and the Rules made thereunder. (5) The financial estimates shall be submitted to the Executive Council for its approval (6) The Executive Council shall consider the estimates so prepared and approve them with or without modification. (7) The University shall submit such estimates as approved by the Executive Council. (8) The Executive Council may, in urgent cases where expenditure in excess of the amounts provided for in the budget is found to be necessary, for reasons to be recorded in writing, incur such expenditure. (9) The financial year of the University shall be the same as that of the Government.

39. The Budget- (1) Notwithstanding anything contained in this Act or in Statutes, Ordinances, or Regulations made thereunder, the University shall send the budget for the ensuing financial year to the State Government at least two months before the end of the current financial year. The University shall show therein the estimates of receipts and disbursements for the ensuing year. The State Government may issue necessary direction as it may deem fit. (2) The University shall send a supplementary budget to the State Government at any time during the current financial year and the State Government may issue necessary direction as it may deem fit.

40. Restriction on expenditure not included in the Budget– (1) No sum shall be spent by or on behalf of the University unless the expenditure thereof is included in the current budget estimates or can be met by re-appropriation or by drawing upon the closing balance. (2) The closing balance shall not be reduced below such amount as may be prescribed by the Statutes.

41. Annual Accounts and Audit- (1) The annual statement of accounts of the University for a Financial Year shall be prepared under the directions of the Executive Council within a period of three months, after the close of the financial year. (2) The annual accounts as approved by the Executive Council shall be audited by auditors appointed by the State Government or Accountant General, Jharkhand. (3) The annual accounts, as approved by the Executive Council together with the copy of the audit report and a copy of the statement showing the action taken by the University on the objections and points raised by the Auditor in his previous reports, shall be forwarded by the Executive Council as soon as possible and in any case, within the झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 period of nine months from the end of financial year to the Chancellor and to the Auditor appointed. (4) It shall be competent for the Chancellor to give directions to the University, regarding the manner in which the accounts relating to certain specific activities or schemes shall be maintained or to take necessary action against the authority, the officer or any employee of the University found guilty in the audit report for committing irregularities and the University shall act according to the directions of the Chancellor.

42. Power of the State Government to have accounts of the University audited- The State Government may, if it considers necessary, cause the accounts of the University or any Study Centre, Regional Centre to be audited by such agency as it thinks fit and on receipt of the audit report, it may, after calling for a report from the University or Study Centre on the points realised therein and after considering the same, issue such directions as it thinks fit and thereupon the University or the study centre, as the case may be, shall comply with such directions within the time specified therein.

43. No post shall be created without prior sanction of the State Government- Notwithstanding anything contained in this Act, the University shall not, except with the prior approval of the State Government- (1) create any teaching or non-teaching post involving financial liability; (2) sanction any special pay or allowance or other remuneration of any kind including ex- gratia payment or any other-benefit having financial implication to any person holding a teaching or non-teaching post; (3) revise the pay, allowances. post-retirement benefits and other benefits having financial implications offered to its officers, teachers and other employees CHAPTER-7 Miscellaneous

44. Inspection of Regional and Study Centres– (1) Every Regional and Study Centre shall furnish such reports, returns and other information as the Executive Council, after consulting the Academic Council may require, to enable it to evaluate the efficiency of the Regional and Study Centre. (2) The Executive Council shall cause every such Regional and Study Centre to be inspected from time to time. (3) The Executive Council may call upon any Regional and Study Centre so inspected to take, within a specified period, such action as may appear to it to be necessary in respect of any of the matters specified in any Statutes.

45. Appointment to the posts of teachers and officers– (1) Teachers and Officers (other than those appointed by the Chancellor) shall be appointed in such manner, and on such emoluments and other conditions of service, as may be prescribed by the Statutes. झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 (2) The appointment of Teachers and Officers (other than those appointed by the Chancellor) shall be made by the Executive Council on the recommendation of the University Selection Committee. (3) In matters pertaining to the appointment to the posts of teachers and officers (other than those appointed by the Chancellor), the extant UGC regulations shall be applicable ipso facto. (4) The number of full time teachers, academics and other administrative and technical staff shall be provided, keeping in view the type of programme offered as per guidelines issued by UGC from time to time.

46. Conditions of appointment– (1) Subject to the approval of the Executive Council, the matter relating to appointment, dismissal, compulsory retirement, removal from service, termination of service or reduction in rank of teachers of the University shall be disposed of after obtaining the advice of the University Selection Committee in the manner as may be prescribed by the Statutes framed under this Act. Provided that consultation with the selection Committee shall not be necessary in a case where the order involved is only of censure, stoppage of increment, stoppage at the stage of crossing of efficiency bar, or a suspension order till the investigation of allegations against a teacher or officer is completed. (2) Other service conditions along with disciplinary action of Teachers and Officers of University shall be guided by the statutes framed under this Act. (3) The University Selection Committee shall recommend two names for each post in order of merit. The recommendations of the Selection Committee shall be valid for one year from the date they are made. (4) The Executive Council shall, in making appointments, appoint persons in order of merit assigned by the selection committee within a period of three months from the date of receipt of recommendations by the Executive Council. (5) If the Executive Council is unable to accept the recommendation of the Selection Committee or to make appointment in the order of merit given by the Commission, it shall record the reasons therein and submit the case to the Chancellor whose decision shall be final. (6) Experts to assist the Selection Committee in the appointment of teachers or officers of the University shall be nominated by the Chancellor from the panel prepared by the Department of Higher Education.

47. Promotion of Teachers- The promotion of Assistant Professors / Associate Professors /Professors in the University shall be governed by the Norms / Regulations prescribed by the University Grants Commission as amended from time to time and accepted by the State Government.

48. Appointment on Temporary Post- Initially in order to establish the Jharkhand State Open University, the specialist and professional manpower shall be appointed on contract or deputation basis for a maximum period of 3 years and after the expiry of the said period these posts shall come to an end. झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021

49. Qualification for enrolment as students of the University- No student shall be enrolled as a student of the University unless he/she has passed the Secondary School Examination or any other equivalent examination held by the University or any other University or-body incorporate by any law for the time being in force and recognised by the University: Provided that students having passed the Higher Secondary or Pre-University Examination shall continue to be enrolled in the manner as prescribed in the Ordinance and Regulations.

50. Appointment of the Commission- (1) The State Government may at any time, by an order published in the Official Gazette, constitute a Commission (2) The Commission constituted under sub-section (1) shall inquire into and report on the following:- (i) the working of the University; (ii) the financial condition of the University, its Regional Centre, Study Centres and other academic institutions; (iii) any change to be made in the provisions of the Act, the Statutes, the Ordinances and the Regulations with a view to bringing about improvements; (iv) Such other matters as may be referred to it by the State Government (3) On receipt of the recommendations under sub-section (2) the State Government may send the same to the appropriate authority of the University for consideration and report thereon and on receipt of its report, may pass such orders thereon as it may consider fit. It shall cause the said order to be published in the official Gazette. Thereupon the University shall comply with the order within such time as may be specified by the State Government.

51. Disputes as to constitution of University authorities and bodies– (1) Where any question arises as to (i) The interpretation of any provision of this Act or any Statutes, Ordinances, Regulations or Rules, or (ii) Whether any person has been duly elected/appointed, or is entitled to be a member of any authority of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final. (2) Any nominee or ex-officio member appointed by any authority or body of the University shall be deemed to have vacated his office, whenever his nomination or appointment is cancelled by the authority concerned or he ceases to hold office by virtue of which he has been a member of the authority or body of the University.

52. Filling of vacancies- All vacancies among the members (other than ex-officio members) of any authority or body of the University by reason of death, resignation or otherwise shall be filled, as soon as conveniently may be by the person or body who appointed, nominated, elected or co-opted the member whose place has become vacant, and the person so appointed, झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 nominated, elected or co-opted shall be a member of such authority or body for the unexpired period of the prescribed term: Provided that pending the filing up of such vacancies by appointment, nomination or election in the manner aforesaid, the vacancies may, if the authority or body of the University so decides, be filled by the co-option of any person qualified to fill such vacancy under the provisions of this Act and any person so co-opted shall hold office as a member of such authority or body until a person is appointed, nominated or elected thereto in accordance with the provisions of this Act

53. Proceedings of University authorities and bodies not to be invalidated due to vacancies- No act or proceeding of any authority or other body of the University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.

54. Conditions of service of Employees– (1) The service conditions of employees of the University, including disciplinary action, shall be prescribed by the Statutes. (2) Every salaried employee of University shalt be appointed under a written contract and such contract shall not be inconsistent with the provisions of the Act, the Statutes and the Ordinances. (3) The contract referred to in sub-section (2) shall be lodged with the University and a copy of which shall be furnished to the employee concerned.

55. Retirement from service– (1) Save as otherwise expressly provided in this Act. – (i) the date of retirement of teaching employees shall be the date on which they attain the age of sixty five years; (ii) the date of retirement all other employees not included in sub-section (1) (i) above, shall be the date on which they attain the age of sixty years; (iii) if an employee of another University of this State, who under the Act of that University, is to retire on attaining the age of sixty-two years, joins the service of this University before the date of his retirement, such an employee shall retire on the date on which he attains the age of sixty-two years: Provided that a teaching or non-teaching employee whose date of retirement falls on the first day of a month will retire from service from the afternoon of the last date of the preceding month and if the date of retirement falls on any other date of the month, he will retire in the afternoon of the last date of that month: (2) The University may require any teaching or non-teaching employee, who, reckoned from the date of his first appointment has completed the qualifying service of 23 years or a total service of 27 years, to retire from the University service, if it considers that his conduct or efficiency is such as does not justify his continuation in the service. (3) (i) Notwithstanding anything contained in the preceding sub-sections, any teaching or non-teaching employee may, after giving at least three months prior notice in writing, to the concerned appointing authority, retire from such date on which such a teaching or non-teaching employee has completed 32 years of qualifying झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 service or has attained 52 years of age, or from such date thereafter as may be specified in the notice: Provided that no employee of the University under order of suspension shall retire except without specific approval of the Executive Council. (ii) The University may, in the public interest, require any teaching or non-teaching employee, after giving at least three months prior notice in writing or after paying an amount equivalent to pay and allowances of three months in lieu of such notice, to retire from such date on which he completes 32 years of qualifying service or attains 52 years of age, or from such date thereafter as may be specified in the notice

56. Code of conduct– (1) The Code of conduct of the employees of the University shall be prescribed by Statutes. (2) If an employee of the University joins a post or membership by election or otherwise of another institution on account of which work of the University suffers, such an employee shall be required to obtain prior permission and extraordinary leave for a definite period from the University. (3) No employee of the University shall engage himself in any trade, business, occupation or in any other work than that of his office without the previous permission of the Vice- Chancellor and in the event of his proceeding on leave without pay he shall not be entitled to receive any salary or allowances from the University Fund but in view of the nature of his duty in another institution he may or may not be allowed to earn any increment during the period. Such extraordinary leave shall be prescribed by Statute: Provided that if an employee of the University is elected as a member of Central or State Legislature, he shall be deemed to be on special leave without pay for the entire period of his membership. The service condition of such an employee shall be duly safeguarded so that he may continue to earn increment in pay, promotion, seniority and on completion of the term of membership resume his duties in the University: Provided further that the membership of such an employee of the University body shall be deemed to have expired with effect from the date on which he has become a member of the Central or State Legislature.

57. Effect of Detention– (1) If any teaching or non-teaching employee of the University is detained in custody under any law for a period exceeding 48 hours whether on a criminal charge or otherwise on security grounds, he shall with effect from the date of detention be deemed to have been suspended by the order of the appointing authority. (2) On being released from detention, he shall not be entitled for any remuneration other than the subsistence allowance for the period of suspension. (3) Any employee proceeded against on a criminal charge or retained under any other law providing for preventive detention shall be deemed to be suspended for the period during which he is kept under detention in custody or undergoes the sentence of imprisonment, and shall not be permitted to draw any pay or allowance for the said झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 period other than subsistence grant payable according to principles contained in the Statutes, until the proceeding initiated against him is closed or, as the case may be, he is released from the detention and permitted to resume duty. The adjustment of his allowances for such periods shall be made according to the circumstances of the case. Full amount shall be paid only when he is acquitted or the detention is found to be unjustified by any competent officer. (4) An employee against whom a proceeding on a criminal charge is pending shall, by a special order to this effect, be kept under suspension during the period when he is not actually detained in custody or imprisoned (that is, when he is released on bail), if the charge made against or the proceeding initiated against him is related to his status as an employee or in this manner may embarrass him in the discharge of his duties, as such or it involves the question of moral turpitude. The provisions aforesaid shall apply in respect of his pay and allowances.

58. Pension, Gratuity, Insurance and Provident Fund- (1) The University shall, subject to such manners and conditions as may be prescribed by the Statutes, constitute any pension, gratuity, insurance or provident fund, as it may deem fit, for the benefit of its officers, teachers and other employees (excluding those who are members of Public Services of India and whose services are lent to the University). There shall be no liability of any pensions, gratuity, insurance or provident fund on the State Government. (2) Where any such pension, gratuity, insurance or provident fund is constituted in this manner the State Government may declare that the provisions of the Provident Funds Act, 1925 (Act no. 19 of 1925) shall apply to the said Fund.

59. Authorities and Officers to be responsible- It shall be the duty of every authority and officer of the University to ensure that the interest of the University is duly safe-guarded.

60. Protection of action taken in good faith- No suit or other legal proceedings shall lie against any officer, employee or authority of the University for anything, which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes, the Ordinances, the Regulations or the Rules.

61. Mode of proof of University record- A copy of receipt, application, notice, order, proceeding, resolution of any authority or committee of the University, or other documents in the possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar shall be admitted as evidence of the matters and transactions specified therein where the original thereof would, if produced have been admissible in evidence.

62. Removal of difficulties by the Chancellor at the commencement of this Act- If any difficulty arises in respect of establishment of the University, or in the first implementation of the provisions of this Act or Statutes, or otherwise, the Chancellor may at any time, before the constitution of all the authorities of the University, by order, consistent with the provisions of this Act and Statutes, as far as possible, make any appointment or perform any other function, which seems necessary or proper to him for the removal of the said difficulty, and all such झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 orders shall take effect in the same manner as if the said appointment or functions has been done in the manner provided in this Act: Provided that before issuing such an order, the Chancellor shall elicit the opinion of the Vice-Chancellor and of such appropriate authority of the University, as may have been constituted, on the proposed order and give considerations thereon.

63. Transitional Provisions- Notwithstanding anything contained in this Act and the Statutes: (1) The first Vice-Chancellor, the first Registrar, the first Registrar(Examination) and the first Finance Officer shall be appointed by the chancellor for a maximum period of and upto three years, provided that the person to be so appointed to the above post must fulfill all the educational qualifications and experiences as are prescribed in sections 11.4 (i), 16(2) 17(1) and 18 (1) of this Act respectively. (2) The first Executive Council shall consist of not more than nine members who shall be nominated by the Chancellor and they shall hold office for a term of three years and; (3) (i) The first Planning Board shall consist of not more than ten members who shall be nominated by the chancellor and they shall hold office for a term of three years; (ii) The Planning Board shall, in addition to the powers and functions conferred on it by this Act, exercise the powers of the Academic Council until the Academic Council is constituted under the provisions of this Act and the Statutes, and in the exercise of such powers, the Planning Board may co-opt such members as it may decide.

64. Election for the purpose of constituting the Executive Council, Planning Board, Academic Council and Finance Committee- The Chancellor shall make such arrangements for the constitution of Executive Council, Planning Board, the Academic Council and the Finance Committee so as to assume charge of their respective offices from the date following the expiry of the period specified in Section-63 and term of office of the members of the said authorities shall be deemed to have commenced from the said date.

65. Powers of nomination by the Chancellor- Notwithstanding anything contained in the preceding sections of this Act, the Chancellor shall, if the Vice-Chancellor reports that, in his opinion, either the election is not immediately possible or it is not in the interest of the University, fill up the vacancies by nomination. झारखंड रा;यपाल के आदेश से, मुकुलेश च^W नारायण, भार` धान स3चव-सह-6व3ध परामशm 6व3ध 6वभाग, झारखंड, राँची । -------- झारखड राजकDय मुdणालय झारखड राजकDय मुdणालय, राँची वारा काशत एवं मु<dत राँची वारा काशत एवं मु<dत, झारखड गजट झारखड गजट (असाधारण असाधारण) ) 568 -- 50