Bare Act
The Azim Premji University Act, 2022
0. Preamble
ͪवͬध (ͪवधान) ͪवभाग -------- अͬधसूचना 22 ͧसतàबर, 2022 संÉया-एल०जी०-04/2022-29—लेज० झारखंड ͪवधान मंडल ɮवारा यथा पाǐरत और माननीय राÏयपाल ɮवारा Ǒदनांक-19/09/2022 को अज़ीम Ĥेमजी ͪवæवͪवɮयालय अͬधǓनयम, 2022 का Ǔनàनांͩकत अंĒेजी अनुवाद झारखंड राÏयपाल के Ĥाͬधकार से इसके ɮवारा Ĥकाͧशत ͩकया जाता है, िजसे भारत का संͪवधान के अनुÍछेद 348 के खंड (3) के अधीन उÈत अͬधǓनयम का अंĒेजी भाषा मɅ Ĥाͬधकृत पाठ समझा जाएगा । THE AZIM PREMJI UNIVERSITY ACT, 2022 (Jharkhand Act, 09, 2022) CHAPTER-1 PRELIMINARY 1. Short title, extent and commencement 2. Definitions CHAPTER-II UNIVERSITY AND THE SPONSORING BODY 3. Establishment of University 4. Properties of the University and its Application 5. Restrictions and obligations of the University 6. Objects of the University 7. University shall be open to all irrespective of sex, religion, class, colour, creed, or opinion 8. Powers and functions of the University 9. Bar to affiliation 10. Powers of the Sponsoring Body CHAPTER-III OFFICERS OF THE UNIVERSITY 11. The Visitor 12. Officers of the University 13. The Chancellor 14. The Vice-Chancellor 15. Removal of the Vice Chancellor 16. The Pro Vice-Chancellor 17. Registrar 18. The Chief Finance and Accounts Officer 19. Other Officers CHAPTER-IV AUTHORITIES OF THE UNIVERSITY 20. Authorities of the University 21. The Governing Body 22. The Board of Management 23. The Academic Council 24. The Finance Committee 25. Other Authorities 26. Disqualification for membership of an authority or body 27. Vacancies not to invalidate the constitution of, or the proceedings of any authority or body of University 28. Constitution of Committees CHAPTER-V STATUTES, ORDINANCE AND REGULATIONS 29. Statutes 30. Power to amend the Statutes 31. Regulations 32. Power to amend the Regulations 33. Ordinances 34. Powers of State Government to give directions CHAPTER-VI FUNDS OF UNIVERSITY 35. Endowment Fund 36. General Fund CHAPTER-VII ACCOUNTS, AUDIT AND ANNUAL REPORT 37. Annual Report 38. Annual Accounts and Audit CHAPTER-VIII WINDING UP OF UNIVERSITY 39. Winding up of University 40. Dissolution of University 41. Special powers of State Government under certain circumstances CHAPTER-IX MISCELLANEOUS 42. Transitional provisions 43. Power of the State Government to make Rules 44. Power to remove difficulties SCHEDULE ‘A’ An Act to provide for the establishment and incorporation of the AZIM PREMJI UNIVERSITY in the State of Jharkhand, and to confer the status of a Private University thereon and for matters connected therewith and incidental thereto; WHEREAS it is expedient to provide for the establishment and incorporation of the AZIM PREMJI UNIVERSITY at RANCHI, Jharkhand promoted by Azim Premji Foundation for Development, a (not-for-profit) company licensed under Section 25 of the Companies Act, 1956 (now Section 8 of Companies Act, 2013) with its registered office at #134, Doddakannelli, Next to Wipro Corporate Office, Sarjapur Road, Bengaluru – 560 035; that is part of group of philanthropic institutions under the common identity of Azim Premji Foundation, and to confer the status of a Private University thereon and for the matters connected therewith and incidental thereto. The University shall be a multi- disciplinary institution committed unflinchingly to the service of society through excellence in teaching, development of knowledge, research and practice in the higher education. This Act shall embody the true spirit of the National Education Policy, 2020. It is hereby enacted in the Seventy-Third year of the Republic of India, by the Legislature of Jharkhand, as follows: CHAPTER-1 PRELIMINARY
1. Short Title, Extent and Commencement:
1. Short Title, Extent and Commencement: (1) This Act may be called "The AZIM PREMJI UNIVERSITY ACT, 2022". (2) It shall extend to the whole of the State of Jharkhand. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions: In this Act, unless the context otherwise requires:
2. Definitions: In this Act, unless the context otherwise requires: (a) "Academic Council" means the Academic Council of the University as specified in section 23 of the Act; (b) "Annual Report" means the Annual report of the University as referred to in section 37 of the Act; (c) "Board of Management" means the Board of Management of the University as constituted under section 22 of the Act; (d) "Campus” means the total area of the University in which it is established; (e) "Chancellor" means the Chancellor of the University appointed under section 13 of the Act; (f) "The Chief Finance and Accounts Officer" means the Chief Finance and Accounts Officer" of the University appointed under section 18 of the Act; (g) "Constituent College" means a college or an institution maintained by the University; (h) "Employee" means employee appointed by the University; and includes teachers and others staff of the University or of a constituent college; (i) "Endowment Fund" means the endowment fund of the University established under section 35 of the Act; (j) "Faculty" means group of academic departments of similar disciplines; (k) "Fee" means collection made by the University from the students for the purpose of any course of study and incidental thereto, in the University; (l) "General Fund" means the General fund of the University established under section 36 of the Act; (m) "Governing Body" means the Governing Body of the University constituted under section 21 of the Act; (n) "National Assessment and Accreditation Council" means National Assessment and Accreditation Council, Bengaluru, an autonomous institution of the University Grants Commission; (o) "Prescribed" means prescribed by the Statutes and the rules made under this Act; (p) "Pro Vice-Chancellor" means the Pro Vice-Chancellor of the University appointed under section 16 of the Act; (q) “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 Board of Management; (r) "Registrar" means the Registrar of the University appointed under section 17 of the Act; (s) "Regulatory Body" means a body established by the Government of India for laying down norms and conditions for ensuring academic standards of higher education, such as University Grants Commission, All India Council for Technical Education, National Council for Teacher Education, Medical Council of India, Bar Council of India, Pharmacy Council of India, National Assessment and Accreditation Council, Indian Nursing Council, Indian Council of Agriculture Research, Council of Scientific and Industrial Research, etc. and includes the Government or any such body constituted by the Government of India or the State Government; (t) "Rules" means the rule of the University made under this Act; (u) "Schedule" means schedule appended to this Act; (v) "Sponsoring Body" in relation to the university means (i) a society registered under Societies Registration Act 1860, or (ii) a public trust registered under Indian Trust Act 1882, or (iii) a society or trust registered under the law of any other State, or (iv) a Section 25 Company incorporated under the Companies Act, 1956 or a Section 8 Company incorporated under the Companies Act, 2013; (w) "State Government" means the State Government of Jharkhand; (x) "Statutes”, “Ordinances", and "Regulations" mean respectively, the Statutes, Ordinances and Regulations of the University made under this Act; (y) "Student of the University" means a person enrolled in the University for taking a course of study for a degree, diploma, or other academic distinction duly instituted by the university, including a research degree; (z) “Study Centre” means a centre established, maintained or recognized by the University for the purpose of advising, counselling or for rendering any other assistance required by the students; (aa) "Teacher" means a Professor, Associate Professor, Assistant Professor or such of the other person as may be appointed for imparting instruction or conducting research in the University or in a Constituent College or Institution and includes the Principal of a Constituent College or institution, in conformity with the norms prescribed by the University Grants Commission; (bb) "University Grants Commission" means the University Grants Commission established under the University Grants Commission Act, 1956; (cc) "University" means the AZIM PREMJI UNIVERSITY, Jharkhand established under this Act. (dd) "Vice-Chancellor" means the Vice-Chancellor of the University appointed under section 14 of the Act; (ee) "Visitor" means the Visitor of the University referred to in section 11 of the Act. CHAPTER-II UNIVERSITY AND THE SPONSORING BODY
3. Establishment of University:
3. Establishment of University: (1) There shall be established the University by the name of ‘AZIM PREMJI UNIVERSITY’ (2) The headquarters of the University shall be within the State of Jharkhand and shall be situated in the district of Ranchi. (3) The University shall start operation only after the State Government issues the letter of authorization. (4) The University shall meet the conditions mentioned in the Schedule A of the Act within the stipulated time. (5) The Governing Body, the Board of Management, the Academic Council, the Chancellor, the Vice-Chancellor, the Pro Vice-Chancellor, the Registrar, the Teachers, the Chief Finance and Accounts Officer and such other officers or members or authorities so long as they continue to hold such office or membership of the University hereby constitute a body corporate by the name of the University. (6) The University shall function as non-affiliating University and they shall not affiliate any other college or institute for the conferment of degree, diploma and for grant of certificate to the students admitted therein. (7) The University shall be a body corporate by the name ‘AZIM PREMJI UNIVERSITY’ and will have perpetual succession and common seal with power, subject to the provisions of this Act, to acquire and hold property, to contract and shall, by the said name, sue or be sued. (8) The University shall not receive any grant-in-aid or other financial assistance from the State Government or the Central Government. (9) Provided that, the State Government or the Central Government may provide financial support, including through grants or otherwise:- (a) for research, development and other activities for which other State Government organizations are provided financial assistance; or (b) for any specific research or programme based activity; and (c) for the benefit of similar universities in the State subject to a change in State policy or otherwise. Provided further that the University may receive any financial support from any other source.
4. Properties of the University and its Application:
4. Properties of the University and its Application: (1) On the establishment of the University, the land and other movable and immovable properties acquired, created, arranged, or built by the University for the purpose of the University in the State of Jharkhand shall vest in the University. (2) The land, building and other properties acquired for the University shall not be used for any purpose other than that for which the same is acquired. (3) The properties, movable or immovable, of the University shall be administered by the Board of Management in such manner as may be provided for by the regulations. (4) The properties in the name of the University under sub-section (1) shall be used for meeting the liabilities of the University in the event of dissolution or winding up of the University in such manner as may be prescribed in the rules.
5. Restrictions and obligations of the University:
5. Restrictions and obligations of the University: (1) The tuition fees for professional courses such as Engineering & Technology, Medicine, Management, etc., in the University shall be determined by the University under the supervision of the regulatory body notified by the State Government from time to time. (2) University admissions shall be open to all persons irrespective of caste, class, creed, gender or nation. Admission in the University shall be on the basis of merit and/or socio-economic disadvantage. (3) The University shall allow scholarship/fee waiver to at least five percent of the total strength, to the students belonging to poor and economically backward classes. The relevant criteria for determining the poor and economically backward classes shall be such as may be determined by the University from time to time. (4) The University shall compulsorily make provisions for reservation of seats for the students domiciled in the State of Jharkhand to the extent of at least twenty five percent of the total students in the University. The reservation of seats shall be regulated by the laws and orders of the State Government from time to time: Provided further that if adequate number of candidates are not available, the seats so reserved shall be filled by the candidates from the general pool. (5) The University shall appoint adequate number of teachers and officers in the University for maintaining the academic standards specified. (6) The University shall compulsorily place in the public domain every information in relation to the University which would be of interest to the students and other stakeholders inter alia, including the courses offered, fees and other charges, facilities and amenities offered, and such other relevant information. (7) The University shall endevour on best effort basis to recruit people in non-teaching posts in the University from persons domiciled in the State of Jharkhand. (8) The convocations of the University may, for conferring degrees, diplomas or for any other purpose, be held in every academic year in the manner as may be prescribed by the Statutes. (9) The University shall seek accreditation from respective national accreditation bodies. (10) The University shall commence enrollment of students only after having the required infrastructure, teaching and non-teaching staff as per the prevailing norms of the University Grants Commission and other statutory bodies. (11) Notwithstanding anything contained in this Act, the University shall be bound to comply the conditions mentioned in Schedule “A” of this Act, and all the rules, regulations, norms, etc. of the regulating bodies of Government of India and State Government and provide all such facilities and assistance to such bodies as are required by them to discharge their duties and carry out their functions.
6. Objects of the University: The objects of the University shall be to disseminate
6. Objects of the University: The objects of the University shall be to disseminate and advance knowledge, to build capacity and skills amongst people, and to contribute to the realization of the vision of the Constitution of India. It would do this through programs and activities that include teaching, research, outreach, and other actions to enable these objectives. The fields of activities will be chosen by the University to realize its objectives, and will include amongst others, Public Health and Education.
7. University shall open to all irrespective of sex, religion, class, colour, creed,
7. University shall open to all irrespective of sex, religion, class, colour, creed, or opinion: No person shall be discriminated against or be excluded from any office of the University or from membership of any of its authorities or from admission to any course of study leading to a degree, diploma or other academic distinction on the grounds of sex, race, creed, class, caste, place of birth and religious belief or political or other opinion.
8. Powers and functions of the University:
8. Powers and functions of the University: (1) To administer and manage the University, establish, administer and manage its constituent colleges and centres for research, education, training, extension and outreach including continuing education, distance learning and e-learning at its campus within the State of Jharkhand; (2) To provide for research, higher education, professional education, teaching training, extension and outreach including continuing education, distance learning and e-learning in the fields of science, technology, humanities, social sciences, education, management, commerce, law, pharmacy, healthcare and any other fields and disciplines; (3) To conduct innovative experiments in educational technologies, teaching and learning methods, to collaborate with national and international institutions and to offer joint programmes with such institutes to constantly improve the delivery of education and to achieve international standards of education; (4) To prescribe courses, curricula and methodologies including electronic and distance learning and provide for flexibility in the delivery of education. (5) To hold examination and confer degree, diploma or grant certificate and other academic distinctions or title on persons subject to such condition as the University may determine and to withdraw or cancel any such degree, diploma or certificates and other academic distinction or titles in the manner prescribed by the Regulations; (6) To institute and award fellowships, scholarships, medals and prizes; (7) To confer honorary degrees or other distinction on the manner prescribed by the Statutes; (8) To establish schools, centres, institutes, college and conduct the programme and courses of study as are in the opinion of the University, necessary for the furtherance of its objects; (9) To establish and run schools for children and hospitals for the general populace in furtherance of its objectives of contributing in the fields of education and public health; (10) To establish and run societies, trusts, and bodies, to enable the furtherance of its objectives; (11) To declare as a constituent college any college, centre, institution imparting education as are in the opinion on the University necessary for the furtherance of its objects or to establish a new constituent college, centre, institution for the purpose; (12) To provide for printing, publication and reproduction of research, educational material and other works and to organize exhibitions, conferences, workshops and seminars; (13) To establish knowledge resource centre; (14) To sponsor and undertake research and educational programmes in the fields of science, technology, humanities, social sciences, education, management, commerce, law, pharmacy, healthcare and any other areas; (15) To collaborate or associate with any educational institution with like or similar objects; (16) To establish campuses including virtual campus for the purpose of achieving the objectives of the University; (17) To undertake research and to obtain registration in respect of such research in the nature of patents, design rights and such or similar rights with the competent authorities; (18) To maintain linkages and collaborate with educational or other institutions in any part of the world having objects wholly or partially similar to those of the University, through exchange of students, researchers, faculty and staff and generally in such manner as may be conducive to their common objects; (19) To render services of research, training, consultancy and such other services as required for the purposes of the University; (20) To develop and maintain relationships with faculty, researchers, administrators and domain experts in science, technology, humanities, social sciences, education, management, law, commerce, pharmacy, healthcare and allied area for achieving the objects of the University; (21) To make special arrangement in respect to women and other disadvantaged students as the University may consider desirable; (22) To regulate the expenditure and to manage the finances and to maintain the accounts of the University; (23) To receive funds, movable and immovable properties, equipments, software and other resources from business, industry, other sections of society, national and international organization or any other source by transfers or as gifts, donations, benefactions or bequests for the purposes and objects of the University; (24) To establish, maintain and manage halls, hostels for students and quarters for the residence of faculty and staff; (25) To construct, manage and maintain centres, complexes, auditorium, buildings, stadium for the advancement of sports, cultural, co-curricular and extra-curricular activities; (26) To supervise and control the residence and regulate the discipline of students, faculty and staff of the University and to make arrangements for promoting their health, general welfare, social and cultural activities; (27) To fix, demand and receive or recover fees and such other charges as may be prescribed by the Statutes; (28) To institute and award fellowships, scholarships, prizes, medals and other awards; (29) To purchase or to take on lease or accept as gifts, bequests, legacies or otherwise any land or building or works which may be necessary or convenient for the purpose of the University and on such terms and conditions as it may think fit and proper and to construct or alter and maintain any such building or works; (30) To sell, exchange, lease or otherwise dispose of all or any portion of the properties of the University, movable or immovable, on such terms as it may think fit and consistent with the interest, activities and objects of the University; (31) To draw and accept, to make and endorse, to discount and negotiate promissory notes, bills of exchange, cheques and other negotiable instruments; (32) To raise and borrow money on bond, mortgages, promissory notes or other obligations or securities founded or based upon all or any of the properties and assets of the University or without any securities and upon such terms and conditions as it may think fit and to pay all expenses out of the funds of the University; (33) To give up and cease from carrying on any classes or schools or centres of the University if it so deems fit; (34) To invest the funds of the University or money entrusted to the University in or upon such securities and in such manner as it may deem fit and to transpose any investment as required from time to time; (35) To make such statutes or regulations as may, from time to time, be considered necessary for regulating the affairs and the management of the University and to alter, modify and to rescind them; (36) To make provisions for extracurricular activities for students and employees; (37) To constitute for the benefit of the academic, technical, administrative and other staff, in such manner and subject to such conditions as may be specified by the regulations, schemes such as pension, insurance, provident fund and gratuity, as it may deem fit, and to make such grants as it may think fit for the benefit of any employees of the University, and to aid in establishment and support of the associations, institutions, fund, trusts and conveyance calculated to benefit the staff and the students of the University; (38) To organize and conduct refresher courses, orientation courses, workshops, seminars and other programs for teachers, evaluators and other academic staff; (39) To acquire and takeover and run the management of any other educational institution(s) with the prior approval of the Government; (40) To delegate, if required, all or any of its powers to the Vice-Chancellor or Pro Vice- Chancellor of the University or any committee or any sub-committee or to any one or more members or its body or its officers; (41) To do all such other acts and things as the University may consider necessary, conducive, or incidental to the attainment or enlargement of the aforesaid objects or anyone of them.
9. Bar to affiliation:
9. Bar to affiliation: (1) The University shall not admit any college or institution to the privilege of affiliation. (2) The University may open any off campus, offshore campus, and study centre, examination centre in or out of the State of Jharkhand only after the prior approval of University Grants Commission or such regulatory body established by the Government or State or Central Government, as the case may be: Provided any such approval is mandated under any law in force. (3) Courses under Distance mode can be started only after the prior approval of University Grants Commission or such regulatory body established by the Government: Provided any such approval is mandated under any law in force.
10. Powers of the Sponsoring Body: The Sponsoring Body shall have the following power
10. Powers of the Sponsoring Body: The Sponsoring Body shall have the following powers with reference to the University, each of which may be exercised by the Sponsoring Body at its discretion, namely:- (1) to appoint or re-appoint or terminate the appointment of the Chancellor; (2) to constitute the first Governing Body of the University; (3) to nominate the chairperson of the Governing Body; (4) to nominate three persons as members of the Governing Body; (5) to nominate two persons as the members of the Board of Management; (6) to determine the source of funds to be contributed to the Endowment Fund; (7) to determine the application and spending of monies by the University; (8) to resolve a conflict at the meeting of the Governing Body in the manner provided for in this Act. CHAPTER-III OFFICERS OF THE UNIVERSITY
11. The Visitor:
11. The Visitor: (1) The Governor of Jharkhand will be the Visitor of the University. (2) The Visitor shall, when present, preside at the convocation of the University for conferring degrees, diplomas, charters, designation and certificates. (3) The Visitor shall have the right to visit the University or any institution maintained by the University to ensure the standard of education, discipline, decorum and proper functioning of the University.
12. Officers of the University. The following shall be the officers of the University
12. Officers of the University. The following shall be the officers of the University: (a) The Chancellor (b) The Vice-Chancellor (c) The Pro Vice-Chancellor (d) The Registrar (e) The Chief Finance and Accounts Officer; and (f) Such other officers as may be declared by the Statute to the officers of the University.
13. The Chancellor:
13. The Chancellor: (1) The Chancellor shall be appointed by the Sponsoring Body for a period of five years and on such terms and conditions as may be prescribed. On the expiry of the term, the Chancellor may be reappointed by the Sponsoring Body. (2) The Chancellor by virtue of his office shall be the head of the University. (3) The Chancellor shall preside over the meetings of the Governing Body and shall, when the Visitor is not present, preside over the convocation of the University for conferring degrees, diplomas, or other academic distinctions. (4) The Chancellor may in writing under his hand addressed to the head of the Sponsoring Body resign his office. (5) The Chancellor shall have the following powers, namely: (a) to call for any information or record; (b) to appoint the Vice-Chancellor; (c) to remove the Vice-Chancellor in accordance with the provisions of this Act; and (d) such other powers as may be conferred on him by this Act or Statutes made thereunder.
14. The Vice-Chancellor:
14. The Vice-Chancellor: (1) The Vice Chancellor shall be appointed by the Chancellor, on such terms and conditions as may be laid down by the Statutes, and shall hold office for a period of five years: Provided that a person appointed as Vice Chancellor shall retire from office during tenure of his office or extension thereof, if any when he completes the age of 70 years: Provided further that after the expiry of the term of five years, the Vice- Chancellor shall be eligible for re-appointment. (2) The Vice Chancellor shall be the principal executive and 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 the University. (3) In the absence of both the Visitor and the Chancellor, the Vice-Chancellor shall preside over the convocation of the University. (4) The Vice-Chancellor may, if he/she is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall convey to such authority the action taken by him on such matters: Provided that if the authority of the University or any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub section may prefer an appeal to the Chancellor within one month from the date of communication of such decision. The Chancellor may confirm, modify or reverse action taken by the Vice-Chancellor. (5) The Vice-Chancellor shall exercise such powers and perform such other functions as may be prescribed.
15. Removal of the Vice Chancellor:
15. Removal of the Vice Chancellor: (1) If at any time and after such inquiry as may be considered necessary, it appears to the Chancellor that the Vice-Chancellor: (a) has failed to discharge any duty imposed upon him by or under this Act, the Statutes, the Ordinances, or (b) has acted in a manner prejudicial to the interests of the University, or (c) is incapable of managing the affairs of the University, then the Chancellor may, notwithstanding the fact that the term of office of the Vice-Chancellor has not expired, require the Vice-Chancellor, by an order in writing stating the reason therefor to resign his post from the date as may be specified in the order. (2) No orders under sub-section (1) shall be passed unless a notice stating the specific grounds on which such action is proposed, has been served after following the principles of natural justice and a reasonable opportunity to show cause against the proposed order has been given to the Vice-Chancellor.
16. The Pro Vice-Chancellor:
16. The Pro Vice-Chancellor: (1) A Pro Vice-Chancellor may be appointed by the Vice-Chancellor with the written approval of the Chancellor in such manner and shall exercise such powers and perform such functions as may be prescribed. (2) The Pro Vice-Chancellor appointed under sub-section (1) shall discharge his duties in addition to his existing duties. (3) The Pro Vice-Chancellor shall assist the Vice-Chancellor in discharging his/her duties as and when required by the Vice-Chancellor. (4) The Pro Vice-Chancellor may get honorarium of such amount as may be determined by the Sponsoring Body.
17. Registrar:
17. Registrar: (1) The Registrar shall be appointed by the Vice-Chancellor with the written approval of the Chancellor in such manner and on such terms and conditions as may be laid down by the Statutes. (2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University and shall exercise such other power and perform such other functions as may be prescribed. (3) The Registrar shall be responsible for the due custody of the records and the common seal of the University and shall be bound to place before the Chancellor, the Vice- Chancellor or any other authority, all such information and documents as demanded.
18. The Chief Finance and Accounts Officer:
18. The Chief Finance and Accounts Officer: (1) The appointment of the Chief Finance and Accounts Officer shall be made by the Vice- Chancellor with the written approval of the Chancellor in such manner and on such terms and conditions as may be laid down by the Statutes. (2) The Chief Finance and Accounts Officer shall exercise such powers and perform such duties as may be specified by the Statutes.
19. Other Officers:
19. Other Officers: Manner of appointment and power and duties of the other officers of the University shall be such as may be specified by Statutes. CHAPTER-IV AUTHORITIES OF THE UNIVERSITY
20. Authorities of the University:
20. Authorities of the University: The following shall be the authorities of the University: (a) The Governing Body; (b) The Board of Management; (c) The Academic Council; (d) The Finance Committee; (e) Such other authorities as may be declared by the Statutes to be the authorities of the University.
21. The Governing Body:
21. The Governing Body: (1) The Governing Body shall have the following members, namely: (a) the Chancellor; (b) the Vice-Chancellor; (c) the Secretary to the Government, Department of Higher and Technical Education, Jharkhand, or his nominee; (d) three persons nominated by the Sponsoring Body; and (e) one eminent expert in the field of management or technology or education or health from outside the University, nominated by the Chancellor; (f) one expert of finance, nominated by the Chancellor. (2) The Registrar and Pro Vice-Chancellor shall always be non-voting invitees on the Governing Body. (3) The tenure of office of the members of the Governing Body, appointment of members other than the Secretary to the Government, Department of Higher and Technical Education, renewal and removal etc., shall be as may be laid down by the Statutes. (4) All meetings of the Governing Body shall always be chaired by the Chancellor and in his absence by any one of the nominees of the Sponsoring Body and where the Sponsoring Body has not nominated any nominees, then by the Vice-Chancellor. (5) The Governing Body shall be the supreme authority and principal governing body of the University. It shall have the following powers, namely: (a) to provide general superintendence and directions and to control the functioning of the University by using all such powers as are provided by this Act, Statutes, Ordinances, Regulations or Rules; (b) to review the decisions of other authorities of the University in case they are not in conformity with the provisions of Act, Statutes, Ordinances, Regulations or Rules; (c) to approve the budget and annual report of the University; (d) to lay down the extensive policies to be followed by the University; (e) to recommend to the Sponsoring Body for the dissolution of the University if a situation arises when there is no smooth functioning of the University in spite of best efforts; (f) to take decisions and steps as are found desirable for effectively carrying out the objects of the University; and (g) such other powers as may be specified by the Statutes. (6) The Governing Body shall meet at least once in a calendar year in the manner specified in the Statutes. (7) The quorum of the meeting shall be three members attending and voting at such meeting: Provided that in the absence of the Chancellor or one nominee of the Sponsoring Body, the Vice-Chancellor, shall always be necessary to form the quorum for any meeting of the Governing Body. (8) No resolution shall be passed or decision be taken by the Governing Board at their meeting, in respect of any Agenda Matters except pursuant to an affirmative vote by the Chancellor in favour of the Agenda matter. (9) In the event of any conflict of opinion at a meeting of the Governing Body, the issue shall be referred to the Sponsoring Body and the decision of the Sponsoring Body in respect of such issue shall be final and binding on the University.
22. The Board of Management:
22. The Board of Management: (1) The Board of Management shall consist of the following members, namely: (a) the Vice-Chancellor; (b) the Pro Vice-Chancellor; (c) the Registrar; (d) two nominees of the Sponsoring Body; (e) two head of department/school or faculty or other members of the University nominated by the Vice-Chancellor. (2) The Vice-Chancellor shall be the Chairperson of the Board of Management. (3) The powers and functions of the Board of Management shall be such as may be specified by the Statutes. (4) The quorum for the meeting of the Board of Management shall be such as may be specified by the Statutes; (5) All meetings of the Boards of Management shall always be chaired by the Vice- Chancellor and in the absence of the Vice-Chancellor, by the nominee of the Sponsoring Body and where the Sponsoring Body has not nominated any nominees, then by any other member. (6) In the event of a conflict of opinion at a meeting of the Board of Management, the issue shall be referred to the Chancellor and the decision of the Chancellor in respect of such issue shall be final and binding on the University.
23. The Academic Council:
23. The Academic Council: (1) The Academic Council shall consist of the Vice-Chancellor and such members as may be specified by the Statutes. (2) The Vice-Chancellor shall be the Chairperson of the Academic Council. (3) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, Statutes, Ordinances, Regulations or Rules, coordinate and exercise general supervision over the academic policies of the University. (4) The quorum for meetings of the Academic Council shall be such as may be specified by the Statutes.
24. The Finance Committee:
24. The Finance Committee: (1) The Finance Committee shall be the principal financial body of the University to take care of the financial matters. (2) The constitution, powers and functions of the Finance Committee shall be such as may be prescribed in the Statutes.
25. Other Authorities: The constitution, powers and functions of other authorities of
25. Other Authorities: The constitution, powers and functions of other authorities of the University, shall be such as may be prescribed by the statutes.
26. Disqualification for membership of an authority or body: A person shall be disqua
26. Disqualification for membership of an authority or body: A person shall be disqualified from being a member of any of the authorities or bodies of the University, if he/she: (a) is of unsound mind and stands so declared by a competent court; (b) is an undischarged insolvent; (c) has been convicted of any offence involving moral turpitude; (d) has been punished for indulging or in promoting unfair practice in the conduct of any examination, in any form, anywhere.
27. Vacancies not to invalidate the constitution of, or the proceedings of any author
27. Vacancies not to invalidate the constitution of, or the proceedings of any authority or body of University: No act or proceedings of any authority of the University shall be invalid merely by reason of any vacancy in or defect in the constitution of any authority or body of the University.
28. Constitution of Committees: The authorities of the University may constitute such
28. Constitution of Committees: The authorities of the University may constitute such committee with such terms of reference as may be necessary for specific tasks to be performed shall be such as may be prescribed by the Statutes. CHAPTER-V STATUTES, ORDINANCE AND REGULATIONS
29. Statutes:
29. Statutes: (1) Subject to the provisions of this Act, and the rules made thereunder, the Statutes may provide for all or any of the following matters, namely: (a) the constitution, powers and functions of the authorities and other bodies of the University as maybe constituted from time to time; (b) the terms and conditions of appointment of the Vice-Chancellor and Pro Vice- Chancellor; their powers and functions; (c) the manner and terms and conditions of appointment of the Registrar and Chief Finance and Accounts Officer, their powers and functions; (d) the manner and terms and conditions of appointment of other officers and teachers and their powers and functions; (e) the terms and conditions of service of employees of the University; (f) the procedure for arbitration in cases of disputes between employees or students and the University; (g) the procedure for conferment of honorary degrees; (h) the provisions regarding exemption from payment of tuition fee and awarding scholarships and fellowships to the students; (i) creation, abolition or restructuring of departments and faculties; (j) the manner of co-operation with other universities or institutions of higher learning; (k) framing of policy for admission, including regulation of reservation of seats; (l) procedure for creation and abolition of posts; (m) fees to be charged from students; and (n) other matters which may be specified. (2) The First Statutes of the University shall be made by the Board of Management and submitted to the Governing Body for its approval. (3) The Governing Body shall consider the First Statutes, submitted by the Board of Management and shall approve it within sixty days from the date of its receipt, with or without modifications as it may deem necessary. (4) The Board of Management shall communicate its agreement to the First Statutes as approved by the Governing Body, and if it desires not to give effect to any or all the modifications made by the Governing Body under sub-section (3), it may give reasons therefore and after considering such reason, the Governing Body may or may not accept the suggestions made by the Board of Management. (5) The University shall publish the First Statutes, as finally approved by the Governing Body, and thereafter, the First Statutes shall come into force from the date of such publication.
30. Power to amend the Statutes: The Board of Management, may, with the approval of t
30. Power to amend the Statutes: The Board of Management, may, with the approval of the Governing Body, make new or additional Statutes or amend or repeal the Statutes
31. Regulations:
31. Regulations: (1) Subject to the provisions of this Act, the regulations may provide for or all or any of the following matters, namely :- (a) admission of students to the University and their enrolment as such; (b) the courses of study to be laid down for all degrees and other academic distinctions of the University; (c) the award of degrees and other academic distinctions; (d) the conditions of the award of fellowships, scholarships, studentships, medals and prizes; (e) the conduct of examinations and the conditions and mode of appointment and duties of examining bodies, examiners invigilators, tabulators and moderators; (f) all other matters as may be provided in the Statutes under the Act. (2) The Regulations shall be made by the Academic Council and approved by the Board of Management.
32. Power to amend the Regulations: The Academic Council, may, with the approval of t
32. Power to amend the Regulations: The Academic Council, may, with the approval of the Board of Management, make new or additional regulations or amend or repeal the regulations.
33. Ordinances: The ordinances can be made, amended, repealed by the Board of Managem
33. Ordinances: The ordinances can be made, amended, repealed by the Board of Management of the University to be subsequently ratified by the Governing Body.
34. Powers of State Government to give directions:
34. Powers of State Government to give directions: (1) The State Government may, for the purpose of ascertaining the standards of teaching, examination and research or any other matter relating to the University, cause an assessment to be made in such manner as may be prescribed, by such person or persons as it may deem fit. (2) The State Government shall communicate its recommendations to the University on the basis of such assessment for corrective action. The University may adopt such corrective measures and make efforts so as to ensure the compliance of the recommendations. (3) The State Government may give such directions as it may deem fit if the University fails to comply with the recommendation made under sub-section (2) within a reasonable time. The directions given by the State Government shall be immediately complied by the University. CHAPTER-VI FUNDS OF UNIVERSITY
35. Endowment Fund:
35. Endowment Fund: (6) The Sponsoring Body shall establish an Endowment Fund for the University with an amount specified in the Letter of Intent. (7) The Endowment Fund shall be used as security deposit to ensure that the University complies with the provisions of this Act and functions as per the provisions of this Act, the Statutes and the Ordinances. The State Government shall have the power to forfeit a part or whole of the Endowment Fund in case the University or the Sponsoring Body contravenes the provisions of this Act, Statutes, the Ordinances, the regulations or the rules made there under. (8) The University may utilize the income from the Endowment Fund for the development of infrastructure of the University and not for meeting the recurring expenditure of the University. (9) The University shall have power to invest the Endowment Fund in such manner as may be prescribed. (10) Except in the event of dissolution of the University, in no other circumstances can any moneys be transferred from the Endowment Fund for other purposes.
36. General Fund:
36. General Fund: (3) The University shall establish a fund, which shall be called the General Fund to which the following shall be credited, namely: (a) Fees and other charges received by the University; (b) Any contribution made by the Sponsoring Body; (c) Any income received from consultancy and other work undertaken by the University in pursuance of its objective; (d) Trusts, bequests, donations, endowments and any other grants; and (e) All other sums received by the University. (4) The funds credited to the General Fund shall be applied to meet all the recurring expenditure of the University. CHAPTER-VII ACCOUNTS, AUDIT AND ANNUAL REPORT
37. Annual Report: The Annual Report of the University shall be prepared by the Unive
37. Annual Report: The Annual Report of the University shall be prepared by the University which shall include among other matters, the steps taken by the University towards the fulfillment of its objects and shall be submitted to the State Government.
38. Annual accounts and Audit:
38. Annual accounts and Audit: (3) The annual accounts including balance sheet of the University shall be prepared by the University and the annual accounts shall be audited at least once in every year by the auditors appointed by the University. (4) A copy of the annual accounts together with the audit report shall be submitted to the State Government before 31st December following close of the financial year in 31st March of every year. CHAPTER-VIII WINDING UP OF UNIVERSITY
39. Winding up of University:
39. Winding up of University: (3) If the Sponsoring Body proposes to dissolve itself according to the provisions of law governing its constitution or incorporation; it shall give at least six months prior notice to the State Government. (4) The State Government shall, on receipt of such notice make such arrangements as may be necessary, for the administration of the University from the date of dissolution of the Sponsoring Body till the completion of syllabus by the last batch of students admitted to the University and may also cause the functioning of the University to continue by appointing an administrator in place of the Sponsoring Body, who shall be entrusted with the powers, duties and functions of the Sponsoring Body, as prescribed under this Act.
40. Dissolution of University:
40. Dissolution of University: (4) The Sponsoring Body who intends to dissolve the University shall give a notice to that effect in the prescribed manner to the State Government. The State Government, after due consideration, may dissolve the University in the manner as may be prescribed: Provided that the dissolution of the University shall have effect only after the last batches of students of the regular courses have completed their courses and they have been awarded degrees, diplomas or, as the case may be, awards. (5) On the dissolution of the University all the assets and liabilities of the University shall vest in the Sponsoring Body in the manner as may be prescribed. (6) Where the State Government decides under sub-section (1) to dissolve the University, it may vest the powers of the Governing Body in the prescribed manner to other societies having similar objects till the dissolution of the University takes effect under the proviso to sub-section (1).
41. Special powers of State Government under certain circumstances:
41. Special powers of State Government under certain circumstances: (9) Where the State Government is of the opinion that the University has contravened any of the provisions of this Act, the Rules, the Statutes or the Ordinances made thereunder or has violated any of the direction issued by it under this Act or a situation of financial mismanagement or mal-administration has arisen in the University, it shall issue the notice requiring the University to show cause within forty-five days as to why an administrator be not appointed. (10) On receipt of reply of the University on the notice issued under sub section (1), if the State Government is satisfied that there is a prima facie case of contravention of any of the provision of this Act, the Rules, the Statutes or the Ordinances made thereunder or violation of directions issued by it under this Act or there is financial mismanagement or maladministration, it shall make an order of such inquiry as it may consider necessary. (11) The State Government shall, for the purposes of any such inquiry under sub-section (2), appoint an inquiry officer or officers to inquire into any of the allegations and to make report thereon. (12) The inquiry officer or officers appointed under sub-section (3) shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely:- (a) Summoning and enforcing the attendance of any person and examining him on oath; (b) Requiring the discovery and production of any such document or any other material as may be predicable in evidence; (c) Requisitioning any public record from any court or office. (13) On receipt of the inquiry report from the officer or officers appointed under subsection (3), if the State Government is satisfied that the University has contravened all or any of the provisions of this Act, the Rules, the Statutes or the Ordinances made thereunder or has violated any of the directions issued by it under this Act or a situation of financial mismanagement and maladministration has arisen in the University which threatens the academic standard of the University, it may appoint an administrator. (14) The administrator appointed under sub-section (5) shall exercise all the powers and perform all the duties of the Governing Body and the Board of Management under this Act and shall administer the affairs of the University until the last batch of the students of the regular courses have completed their courses and they have been awarded with degrees, diplomas or, as the case may be, awards. (15) After having been awarded the degrees, diplomas or, as the case may be, to the last batches of the students of the regular courses, the administrator shall make a report to that effect to the State Government. (16) On receipt of the report under sub-section (7), the State Government shall dissolve the University and on dissolution of the University, all the assets and liabilities of the University shall vest in the Sponsoring Body. CHAPTER-IX MISCELLANEOUS
42. Transitional provisions: Notwithstanding anything contained in any other provisio
42. Transitional provisions: Notwithstanding anything contained in any other provisions of this Act and the Statues,- (4) the first Vice-Chancellor and Pro-Vice-Chancellor, if any shall be appointed by the Chancellor; (5) the first Registrar and the first Chief Finance and Accounts Officer shall be appointed by the Chancellor; and (6) the first Board of Management, the first Finance Committee and the first Academic Council shall be constituted by the Chancellor.
43. Power of the State Government to make Rules:
43. Power of the State Government to make Rules: (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) All rules made under this section shall be laid before the state legislature within 30 days of the next session of the house.
44. Power to remove difficulties:
44. Power to remove difficulties: (3) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty. (4) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature. SCHEDULE ‘A’ (3) Acquire not less than 10 acres of land for its main Campus, if single-domain, and 25 acres of land, if multi-domain within two years of the passing of the Azim Premji University Act, Jharkhand. An integrated campus may have certain facilities in common such as auditorium, cafeteria, hostels, etc. and hence the land requirement may vary accordingly. (4) Construct administrative building of at least 1,000 sq. mtrs., academic building including library, lecture theatres, laboratories of at least 10,000 sq. mtrs., adequate residential accommodations for teachers, guest houses, hostels which shall gradually be increased to accommodate at least 25% of the total student’s strength in each course, within 3 years from the start of the University. In case the University is conducting professional programmes of study, prevailing norms and standards of respective statutory body shall be applicable. Existing institutes must undertake expansion/renovation/restructuring to meet the prescribed norms of the State Government. झारखंड राÏयपाल के आदेश से, नͧलन कुमार, Ĥधान सͬचव-सह-ͪवͬध परामशȸ ͪवͬध ͪवभाग, झारखंड, राँची । -------- झारखÖड राजकȧय मुġणालय झारखÖड राजकȧय मुġणालय, राँची ɮवारा Ĥकाͧशत एवं मुǑġत राँची ɮवारा Ĥकाͧशत एवं मुǑġत, असाधारण) ) 464 – 50
Schedule. Schedule
SCHEDULE ‘A’ (3) Acquire not less than 10 acres of land for its main Campus, if single-domain, and 25 acres of land, if multi-domain within two years of the passing of the Azim Premji University Act, Jharkhand. An integrated campus may have certain facilities in common such as auditorium, cafeteria, hostels, etc. and hence the land requirement may vary accordingly. (4) Construct administrative building of at least 1,000 sq. mtrs., academic building including library, lecture theatres, laboratories of at least 10,000 sq. mtrs., adequate residential accommodations for teachers, guest houses, hostels which shall gradually be increased to accommodate at least 25% of the total student’s strength in each course, within 3 years from the start of the University. In case the University is conducting professional programmes of study, prevailing norms and standards of respective statutory body shall be applicable. Existing institutes must undertake expansion/renovation/restructuring to meet the prescribed norms of the State Government. झारखंड राÏयपाल के आदेश से, नͧलन कुमार, Ĥधान सͬचव-सह-ͪवͬध परामशȸ ͪवͬध ͪवभाग, झारखंड, राँची । -------- झारखÖड राजकȧय मुġणालय झारखÖड राजकȧय मुġणालय, राँची ɮवारा Ĥकाͧशत एवं मुǑġत राँची ɮवारा Ĥकाͧशत एवं मुǑġत, असाधारण) ) 464 – 50
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