The Dr. Babasaheb Ambedkar Technological University Act, 2014
Chapter XI COMMITTEES
Chapter XI COMMITTEES
68. Committee for selection and appointment of University teachers.
- (1) The selection and appointment of teachers of the University, other than those recognized by the University, for imparting instruction on its behalf, shall be in accordance with this and the next succeeding section.
- (2) (a) There shall be selection committees for making recommendations to the Executive Council for the appointment of all such teachers of the University.
- (b) Every selection committee shall consist of,-
- (i) the Vice-Chancellor, ex officio Chairman;
- (ii) one person nominated by the Chancellor;
- (iii) two representatives, one each of the All India Council of Technical Education and Director of Technical Education;
- (iv) the Head of the University department concerned, if he is a professor ;
- (v) three persons, nominated by the Executive Council out of a panel of not less than six names of persons recommended by the Academic Council, being persons not connected with the University, who have special knowledge of the subject for which the teacher is to be selected; and
- (vi) one person belonging to the Scheduled Castes or Scheduled Tribes from amongst persons who are experts in educational field, nominated by the Chancellor.
- (b) Every selection committee shall consist of,-
- (3) The Registrar shall act as Secretary of the committee.
- (4) (a) Every post of a teacher of the University, to be filled by selection, shall be duly and widely advertised according to a draft approved by the Executive Council together with particulars of the minimum and other additional qualification, if any, required, the emoluments and the number of posts to be filled, out of the post to be filled the number of posts, if any, which are reserved for the members of the Scheduled Castes or Scheduled Tribes, and reasonable time shall be allowed within which the applicants may, in response to the advertisements, submit their applications.
- (b) The date of the meeting of every selection committee shall be so fixed as to allow notice thereof being given of at least thirty days to each member and to the candidates, and the particulars of each candidate shall be so sent to each member as to reach him at least seven days before the date of the meeting.
- (c) The quorum at a meeting of every selection committee shall be four members, of whom at least two shall be persons nominated under sub-clause (v) of clause (b) of sub-section (2).
- (d) The selection committee shall interview, adjudge the merits of each candidate in accordance with the qualification advertised, and report to the Executive Council the names, arranged in order of merit of the person or persons if any whom it recommends for appointment to the general posts and the reserved posts if any as advertised : Provided that, for the posts of professor a selection committee may in preference to the candidates who have applied and appeared before it recommend for appointment the names of any other person who may not have applied or appeared before it but who is duly qualified and has to his credit exceptionally high academic achievements or proficiency in the specialization or has extra ordinary academic contribution, to be recorded in writing.
- (e) The Executive Council shall appoint from amongst the persons so recommended, the number of persons required to fill the general posts and reserved posts if any, as advertised : Provident that, where the Executive Council proposes to make an appointment otherwise than in accordance with the order of merit arranged by the selection committee, it shall record its reasons in writing and submit them to the Chancellor, who may approved the proposal or return it to the Executive Council for reconsideration. After reconsideration, if the Executive Council desires to pursue its original proposal, it shall refer the matter again to the Chancellor for his decision which shall be final : Provided further that, where a selection committee recommends to the Executive Council the name of one person only and that person is not acceptable to the Executive Council, the Executive Council shall record its reasons in writing for not accepting the recommendation, and direct the Registrar to advertise the vacancy again and convene a meeting of the selection committee for making fresh recommendations, and, in so doing, communicate to every member of the selection committee the reasons recorded as aforesaid.
- (5) If, on a petition by any person directly affected, or suo motu, the Chancellor after making or having made such inquiries or obtaining or having obtained such explanations, as may be or may have been necessary, is satisfied that the appointment of a teacher of the University, made by any authority or officer of the University at any time on or after this Act comes into force, is not in accordance with the law at that time in force, the Chancellor, may order, notwithstanding anything contained in the contract relating to the conditions of service of such teacher, direct the Vice-Chancellor to terminate his appointment after giving him one month’s notice, or one month’s salary in lieu of such notice, and the Vice-Chancellor shall forthwith comply and take steps for a fresh selection to be made. The person whose appointment has been so terminated shall be eligible to apply again for the same post.
- (6) Any order made by the Chancellor under sub-section (5) shall be final, and a copy of the order shall, as far as possible, be served on the teacher concerned by the Vice-Chancellor within three days from its receipt.
- (7) It shall be the duty of the Vice-Chancellor to ensure that no payment whatsoever is made to any person, by way of salary or allowance, from the funds of the University, for any period after the termination of his services, and any authority or officer authorizing or making any such payment shall be liable to reimburse to the University the amount so paid.
Chapter XI COMMITTEES
69. Filling temporary vacancies of University teachers.
Where an appointment is to be made to a temporary vacancy of a teacher of the University, the appointment shall be made, if the vacancy is for a period of one year or more, on the recommendation of the selection committee in accordance with the provisions of section 68 : Provided that, if the Vice-Chancellor is satisfied that in the interest of teaching, it is necessary to fill the vacancy immediately, he may make the appointment of a person duly qualified for the post for a period not exceeding one year on the recommendation of a local selection committee constituted as follows, and shall inform the Executive Council of such appointment :-
- (a) the Vice-Chancellor, ex officio Chairman ;
- (b) the Head of the school concerned;
- (c) the Head of the department concerned; and
- (d) one person nominated by the Vice-Chancellor, except that where the Head of the department is also the Head of the school, the Vice-Chancellor shall nominate two persons instead of one: Provided further that, before the expiry of six months, the Vice-Chancellor shall take steps to convene a meeting of the selection committee for appointment in accordance with the provisions of section 68.
Chapter XI COMMITTEES
70. Selection committee for appointment of Director.
No person shall be appointed as the Director except on the recommendation of a selection committee constituted for the purpose and consisting of-/rh1 (a) the Vice-Chancellor, ex officio Chairman; /rh1 (b) the nominee of the Chancellor on the Executive Council; and /rh1 (c) three persons, nominated by the Executive Council from amongst its members, being persons not in the service of the University.
Chapter XI COMMITTEES
71. Selection committee for appointment of Registrar.
No person shall be appointed as the Registrar except on the recommendation of a selection committee constituted for the purpose and consisting of-
- (a) the Vice-Chancellor, ex officio Chairman;
- (b) the nominee of the Chancellor on the Executive Council; and
- (c) three persons, nominated by the Executive Council from amongst its members.
Chapter XI COMMITTEES
72. Selection committee for appointment of Joint Director.
No person shall be appointed Joint Director except on the recommendation of a selection committee constituted for the purpose and consisting of,-
- (a) the Vice-Chancellor, ex officio Chairman;
- (b) the nominee of the Chancellor on the Executive Council; and
- (c) three persons, nominated by the Executive Council from amongst its members, being persons not in the service of the University.
Chapter XI COMMITTEES
73. Selection committee for appointment of Deputy Director.
No person shall be appointed as the Deputy Director except on the recommendation of a selection committee constituted for the purpose and consisting of-
- (a) the Vice-Chancellor, ex officio Chairman;
- (b) three persons, nominated by the Executive Council from amongst its members, being persons not in the service of the University.
Chapter XI COMMITTEES
74. Committee for recognition of teachers of University.
- (1) No person shall be recognized as a teacher of the University except on the recommendation of a committee constituted for the purpose and consisting of-
- (a) the Vice-Chancellor, ex officio Chairman;
- (b) the Dean of the Faculty concerned;
- (c) the Head of the University department concerned; and (d) four persons having special knowledge of the subject for which the teacher is to be recognized, of whom two shall be nominated by the Executive Council from amongst persons other than teachers of the University and two by the Academic Council from amongst its members.
- (2) The Executive Council shall, after considering the recommendations of the committee, grant or withdraw recognition to such teachers in the manner regulated by the Ordinances.
Chapter XI COMMITTEES
75. Selection committee for appointment of Principal of affiliated college or institution maintained by University.
- (1) No person shall be appointed as the Principal of an affiliated college or an institution maintained by the University except on the recommendation of a selection committee constituted for the purpose, consisting of -
- (a) the Vice-Chancellor, ex officio Chairman; and
- (b) three persons having special knowledge of the subject or subjects in which instruction is being provided by the college or institution, of whom two shall be nominated by the Executive Council and one by the Academic Council, being persons not in the service of the University.
- (2) The procedure for selection and appointment of such principal shall be the same as prescribed by section 68.
Chapter XI COMMITTEES
76. Selection committee for appointment of Finance Officer.
- (1) No person shall be appointed as the Finance Officer by nomination, except on the recommendation of a selection committee constituted for the purpose consisting of-
- (a) the Vice-Chancellor, ex officio Chairman;
- (b) the Director of Accounts and Treasuries, Maharashtra State, or his nominee not below the rank of Deputy Director of Accounts and Treasuries;
- (c) the nominee of the Chancellor on the Executive Council;
- (d) two persons nominated by the Executive Council, form amongst its members; and
- (e) the Registrar, ex officio Secretary.
- (2) The procedure to be followed at the meeting of the selection committee shall be such as may be prescribed by the Statutes.
Chapter XI COMMITTEES
77. Selection committee for appointment of Librarian.
- (1) No person shall be appointed as the Librarian except on the recommendation of a selection committee constituted for the purpose and consisting of-
- (a) the Vice-Chancellor, ex officio Chairman; and
- (b) two persons having special knowledge of Library Science and Library Administration, not being in the service of the University, to be nominated by the Executive Council.
- (2) The qualification for the post of Librarian and the procedure to be followed at the meeting of the selection committee shall be such as may be prescribed by the Statutes.
Chapter XI COMMITTEES
78. Library committee.
- (1) There shall be a library committee for administering, organizing and maintaining the library of the University consisting of -
- (a) the Vice-Chancellor, ex officio Chairman;
- (b) three Heads of schools, nominated by the Vice-Chancellor;
- (c) three Heads of University departments, nominated by the Vice-Chancellor;
- (d) two teachers, nominated by the Executive Council;
- (e) the Registrar; and
- (f) the Librarian, ex officio Secretary.
- (2) All members of the committee, other than ex officio members, shall hold office for a period of three years.
- (3) The powers and duties of the committee and the procedure at its meeting shall be such as may be prescribed.
Chapter XI COMMITTEES
79. Certain appointments under contract.
- (1) Save as otherwise provided by or under this Act, every salaried officer and academic staff member shall be appointed under a written contract. The contract shall be lodged with the Registrar, and a copy thereof shall be furnished to the employee concerned : Provided that, the contract of serving of the Vice-Chancellor shall be lodged with the Chancellor whose Secretary shall execute such contract on behalf of the Chancellor.
- (2) No such employees shall receive any remuneration for any work in or outside the University, except as may be provided by the Statutes.
Chapter XI COMMITTEES
80. Appointment of other academic staff, officers and employees as members to be made on recommendation of selection committee.
No person shall be appointed by the University as a member of the other academic staff, officer or employees except on the recommendation of a selection committee constituted for the purpose in accordance with the provisions of the Statutes made in that behalf.
Chapter XI COMMITTEES
81. Resignation and cessation of membership.
- (1) Save as otherwise provided in this Act, any member of any authority or body of the University may resign his office by letter addressed to the Vice-Chancellor. On acceptance of the resignation by the Vice-Chancellor, the office of such member shall become vacant.
- (2) Any member of any authority or body of the University shall cease to be a member thereof, on his being convicted by a Court of law for an offence which involves moral turpitude.
Chapter XI COMMITTEES
82. Casual vacancy.
When any vacancy occurs in the office of a member other than an ex officio member, of any authority or body of the University before the expiry of the term of office of such member, the vacancy shall be filled, as soon as conveniently may be, by nomination, appointment or co-option, as the case may be, of a member who shall hold office so long only as the member in whose place he has been nominated, appointed or co-opted, would have held it, if the vacancy had not occurred.
Chapter XI COMMITTEES
83. Acts and proceedings not invalidated merely on ground of defect in constitution or vacancy.
Notwithstanding that any authority or body or committee of the University, is not duly constituted, or there is a defect in its constitution or reconstitution at any time, or that there is a vacancy in the membership of any such authority or body shall be invalidated by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof or on any such ground or grounds.
Chapter XI COMMITTEES
84. Questions regarding interpretations and disputes regarding constitution of University authority or body, etc.
If any question arises regarding the interpretation of any provision of this Act or any Statute, Ordinance, regulation, or as to whether a person has been duly nominated, appointed or co-opted as, or is entitled to be, a member of any authority or body of the University, the matter may be referred, on a petition by any person or authority or body directly affected, or suo motu, by the Vice-Chancellor to the Chancellor who shall, after giving the person or authority or body affected, a reasonable opportunity of being heard and after taking such advice as he deems necessary, decide the question, and his decision shall be final : Provided that, such reference shall be made by the Vice-Chancellor to the Chancellor upon requisition signed by not less than five members of the Executive Council.
Chapter XI COMMITTEES
85. Committee for appointment of examiners.
- (1) A committee shall be constituted every year for each University school for the purpose of preparing lists of persons for appointment as University examiners, and the committee shall consist of-
- (a) the Vice–Chancellor, ex officio Chairman;
- (b) the Head of concerned University school;
- (c) two members, nominated by Executive Council;
- (d) one member, nominated by Academic Council;
- (e) one member, nominated by the Planning and Evaluation (Monitoring) Board; and
- (f) the Chairman of the Board of Studies in the particular subject.
- (2) The committee shall prepare lists from amongst persons included in panels to be prepared by the Board of Studies, and shall submit them for approval to the Executive Council, which shall then appoint the examiners : Provided that, the committee may, after recording its reasons in writing, include the names of the persons in such lists when, even if, those names are not included in the panel prepared by the Board of Studies : Provided further that, no change in the lists shall be suggested or made by the Executive Council except by passing a resolution stating the specific ground on which each change suggested or made is based.
- (3) If, for any reason, any examiner is unable to accept the examinership and fresh appointment cannot be made in time by the Executive Council, the Vice-Chancellor shall appoint another examiner and report such appointment to the Executive Council.
- (4) No member of the Executive Council or of the committee shall be appointed as examiner except by a resolution of the Executive Council passed by a majority of two-thirds of the members present at the meeting.
Chapter XI COMMITTEES
86. Other committees.
Every authority of the University shall have the power to appoint committees including grievance committee for dealing with any matter within its purview, and such committees may include person, other than members of the authority itself, not connected with the University : Provided that, the Board of Studies and other authorities shall not appoint persons to such committees who are not members of the authority appointing the committee, except with the previous approval of the Vice-Chancellor.
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