Chapter XI MISCELLANEOUS

1. (1) It shall be the duty of every authority or body or officer of the University to ensure that the interests of the University are duly safeguarded.
2. (2) If it is found that a damage or loss has been caused to the University by any action on the part of any authority or body or officer of the University not in conformity with the provisions of this Act, Statutes, Ordinances or Regulations, except when done in good faith, or any failure so as to act in conformity thereof, by wilful neglect or default on its or his part, such damage or loss shall be liable to be recovered from the authority or body or the concerned members thereof jointly or severally, or from the officer concerned, as the case may be, in accordance with the procedure prescribed by the Statutes.

1. (1) A teacher from an aided college or institution under the University elected or nominated as a member of the Legislative Assembly of the State, or of the Parliament shall be entitled to treat the period of such membership in the Legislative Assembly or Parliament as on leave without salary and allowances.
2. (2) A teacher referred to in sub-section (1) shall not be entitled to count the period of such membership of the Legislative Assembly or of the Parliament for the purposes, of pension, seniority and increments.

If any question arises regarding the interpretation of any provision of this Act or of any Statutes, Ordinances or Regulations as to whether a person who has been duly elected or appointed or nominated or co-opted is entitled to be a member of any authority or body of the University, the matter may be referred, on petition by any person or body directly affected, or suo moto by the Vice-Chancellor to the Chancellor who shall after taking such advice as deemed necessary, decide the question in consultation with the Government and such decision shall be final:

Provided that such reference shall be made by the Vice-Chancellor to the Chancellor upon a requisition signed by not less than twenty-five members of the Senate.

All acts done or orders passed in good faith by

the University or any of its officers, authorities or bodies shall, subject to the other provisions of this Act, be final and accordingly no suit or other legal proceedings shall be instituted against or maintained or damages claimed from the University or its officers, authorities or bodies for anything done or orders passed, or purporting to have been done or passed in good faith and in pursuance of the provisions of this Act and the Statutes, Ordinances and Regulations.

Subject to the provisions of this Act and the Statutes, any officer

or authority of the University may, by order, delegate any of its powers except the power to make Statutes, Ordinances and Regulations to any other officer or authority of the University subject to the condition that the ultimate responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating them.

No act or proceeding of the Senate

or the Governing Council, Academic Council or any other authority or any body or committee of the University including a committee appointed by the Chancellor for the appointment of a ViceChancellor, shall be deemed to be invalid at any time merely on the ground that—

1. (i) any of the members of any such authority, body or committee are not duly elected, appointed, nominated or co-opted or for any other reason are not available to take office at the time of the constitution or to attend any meeting thereof or any person is a member in more than one capacity or there is any other defect in the constitution thereof or there are one or more vacancies in the offices of members thereof; or (ii)there is any irregularity in the procedure of any such authority, body or committee not affecting the merits of the matter under consideration.

(1) It shall be the duty of a teacher or a member of the non-teaching staff of an affiliated college or an officer, teacher or other employee of the University to do any work in connection with an examination conducted by the University which he is required by the competent officer or authority of the University to do. (2) If any teacher or member of the non-teaching staff of an affiliated college or any officer, teacher or other employee of the University refuses, without sufficient cause to the satisfaction of, — (i) in the case of a teacher or a member of the non-teaching staff of an affiliated college, an officer not below the rank of Director of Medical Education or Ayurveda Medical Education or Controlling Officer of Homoeo Medical Colleges, as the case may be authorised by the Government in this behalf; and (ii)in the case of an officer, teacher or other employee of the University, the ViceChancellor to do any work in connection with an examination conducted by the University, when required to do so by the competent officer or authority of the University, he shall without prejudice to any other action that may be taken against him, forfeit his pay and allowances for a period of two months commencing on the date of commencement of the examination. Explanation.— Failure to comply with the requisition of the competent officer or authority of the University shall be deemed to be refusal for the purposes of this sub-section. (3) An order of forfeiture under sub-section (2) shall be made,— (i) in the case of a teacher or a member of the non-teaching staff of an affiliated college, by the officer authorised under clause (i) of the said sub-section; and (ii)in the case of an officer, teacher or employee of the University, by the Vice-Chancellor. (4) No order of forfeiture shall be made under sub-section (2) without giving the person who may be affected thereby an opportunity of being heard. (5) Any person aggrieved by an order referred to in sub-section (2) may, within sixty days from the date on which a copy of such order is served on him, appeal to the Appellate Tribunal, and the Appellate Tribunal may, after giving the parties an opportunity of being heard and after such further enquiry as may be necessary, pass such order thereon as it deems fit.

1. (2) If any teacher or member of the non-teaching staff of an affiliated college or any officer, teacher or other employee of the University refuses, without sufficient cause to the satisfaction of, —
   • (i) in the case of a teacher or a member of the non-teaching staff of an affiliated college, an officer not below the rank of Director of Medical Education or Ayurveda Medical Education or Controlling Officer of Homoeo Medical Colleges, as the case may be authorised by the Government in this behalf; and (ii)in the case of an officer, teacher or other employee of the University, the ViceChancellor to do any work in connection with an examination conducted by the University, when required to do so by the competent officer or authority of the University, he shall without prejudice to any other action that may be taken against him, forfeit his pay and allowances for a period of two months commencing on the date of commencement of the examination. Explanation.— Failure to comply with the requisition of the competent officer or authority of the University shall be deemed to be refusal for the purposes of this sub-section.
2. (3) An order of forfeiture under sub-section (2) shall be made,—
   • (i) in the case of a teacher or a member of the non-teaching staff of an affiliated college, by the officer authorised under clause (i) of the said sub-section; and (ii)in the case of an officer, teacher or employee of the University, by the Vice-Chancellor.
3. (4) No order of forfeiture shall be made under sub-section (2) without giving the person who may be affected thereby an opportunity of being heard.
4. (5) Any person aggrieved by an order referred to in sub-section (2) may, within sixty days from the date on which a copy of such order is served on him, appeal to the Appellate Tribunal, and the Appellate Tribunal may, after giving the parties an opportunity of being heard and after such further enquiry as may be necessary, pass such order thereon as it deems fit.

1. (1) Save as otherwise provided by or under this Act, every salaried officer and teacher of the University shall be appointed by a written order.
2. (2) The written order referred to in sub-section (1) shall be lodged with the Registrar and a copy thereof shall be furnished to the officer or teacher concerned.
3. (3) Any dispute between any officer or teacher of the University and the University shall, on the request of the University or the officer or teacher concerned, be referred to the Appellate Tribunal for decision.

With the prior approval of the Government,

the University shall make appropriate provisions for the benefit of its officers, teachers, and other employees under its control and service in matters of insurance, pension and provident fund and for such other benefits as it may deem fit, in such manner as may be prescribed by the Ordinances.

The Registrar

shall forward to the Government within one month of the date of any meeting of the Senate or Governing Council or Academic Council, copies of the proceedings of such meetings.

1. (1) The Government shall have the right to cause an inspection to be made by such person or persons as they may direct, of the University, its buildings, laboratories, libraries, hospitals and equipments and of any institutions maintained, recognised or approved by or affiliated to the University, and also of the work conducted by the University and to cause enquiry to be made in respect of any matter connected with the University.
2. (2) The Government shall, before taking any action under sub-section (1), give notice to the University of their intention to cause such inspection or enquiry to be made and the University shall be entitled to be represented there at.
3. (3) The Government shall communicate to the Governing Council the result of any inspection or enquiry made under sub-section (1) and may after ascertaining the opinion of the Governing Council thereon convey their views to the Senate and to the Governing Council.
4. (4) The Government may after considering the views of the Senate and the Governing Council on the result of any inspection or inquiry under sub-section (1) advice the University upon the action to be taken in the matter.
5. (5) The Governing Council shall report to the Government the action, if any, which is proposed to be taken, or has been taken, upon the result of an inspection or inquiry under subsection (1).
6. (6) A report under sub-section (5) shall be submitted with the opinion of the Senate thereon and within such time as the Government may direct.
7. (7) Where the Senate or the Governing Council does not, within a reasonable time, take any action referred to in sub-section (4) to the satisfaction of the Government, the Government may, after considering any explanation furnished or representation made, by the Senate or the Governing Council in the matter, issue such directions as they may think fit, and the Senate and the Governing Council shall comply with such directions.

1. (1) The Government may at any time and shall, at the expiration of ten years from the date of commencement of this Act and thereafter at the expiration of every ten years, by order published in the Gazette, constitute a Commission which shall consist of a Chairman and such other members not exceeding five as the Government may appoint, to enquire into the working of the University and such order shall contain the procedure to be followed by the Commission.
2. (2) The Commission constituted under sub-section (1) shall enquire into and report on—
   • (i) the working of the University during the period to which the enquiry relates; (ii)the financial position of the University including the financial position of its colleges and departments; (iii)any change to be made in the provisions of this Act or the Statutes, Ordinances, Regulations and Bye-laws with a view to bring about improvements in the affairs of the University; and (iv)such other matters as may be referred to it by the Government, and make such recommendations to the Government as it thinks fit.
3. (3) On receipt of the report on the recommendations of the Commission under sub-section (2) the Government shall forthwith refer such reports and recommendations to the Governing Council for consideration and report.
4. (4) Immediately after the Governing Council has considered the report and recommendations of the Commission and submitted its reports to the Government, the Government shall consider the report of the Governing Council and pass such orders thereon as they think fit and shall also cause the same to be published in the Gazette.

1. (1) The Government may, by notification in the Gazette, make rules, not inconsistent with the provisions of this Act for the purpose of exercising the powers and discharging the duties conferred or imposed on the Government by this Act.
2. (2) Every rule made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

1. (1) If any difficulty arises as to the first constitution or reconstitution of any authority of the University or otherwise in giving effect to the provisions of this Ordinance, the Government may, by order, do anything not inconsistent with the provisions of this Act, which appears to them necessary for the purpose of removing the difficulty: Provided that no order under this sub-section shall be issued by the Government after the expiry of a period of two years from the commencement of this Act.
2. (2) Every order issued under sub-section (1) shall be laid as soon as may be after it is issued, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following the Legislative Assembly makes any modification in the order or decides that the order should not be issued, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.