The Dr. Babasaheb Ambedkar Technological University Act, 2014
Chapter XIII MISCELLANEOUS PROVISIONS
Chapter XIII MISCELLANEOUS PROVISIONS
93. Power to prescribe standard code for employees of University, affiliated college and recognized institution.
Notwithstanding anything contained in this Act, the State Government may for the purpose of securing and maintaining uniform standards, by notification in the Official Gazette, prescribed a standard code providing for the classification, manner and mode of selection and appointment, reservation of posts in favor of members of the Scheduled Castes and Scheduled Tribes, duties, workload, pay, allowances, post-retirement benefits, other benefits, conduct and disciplinary matters and other conditions of service of the officers, teachers and other employees of the University, and the teachers and other employees in affiliated college, recognized institutions, other than those managed and maintained by the State Government. When such code is prescribed, the provisions made in the code shall prevail, and the provisions made in the Statutes, Ordinances, regulations and rules relating to matters included in the code shall, to the extent to which that are repugnant to the provisions of the code, be void.
Chapter XIII MISCELLANEOUS PROVISIONS
94. Powers of State Government of cause inquiry to be made in respect of any matter connected with University.
- (1) The State Government shall have the right to cause an inquiry to be made by such person or persons as it may directing in respect of any matter connected with the University.
- (2) The State Government shall, in every case, give notice to the University of its intention to cause an inquiry to be made and the University shall be entitled to be represented at such inquiry. It shall communicate to the University its views with reference to the result of such inquiry and may, after ascertaining the opinion of the University thereon, advise the University upon the action to be taken and fix a timeline for taking such action.
- (3) The University shall, within the time limit so fixed, report to the State Government the action taken or proposed to be taken on the advice tendered by it.
- (4) If the University does not take action within the time specified in sub-section (2) or if the action taken by the University is, in the opinion of the Government not satisfactory, the Government may, after considering any explanation offered or representation made by the University, issue such directions as it may deem fit and the University shall comply with such directions.
Chapter XIII MISCELLANEOUS PROVISIONS
95. Financial control of Government.
Without the prior approval of the State Government or an officer authorized by it in this behalf, the University shall not-
- (a) fill any new posts of officers, teachers or other employees, created by it ;
- (b) revise the pay, allowances, post-retirement benefits and other benefits of its officers, teachers and other employees ;
- (c) grant any special pay, allowances or other extra remuneration of any description whatsoever, including ex-gratia payment or other benefits having financial implications, to any of its officers, teachers or other employees ;
- (d) divert any earmarked funds for any other purpose, or
- (e) incur any expenditure on any development work.
Chapter XIII MISCELLANEOUS PROVISIONS
96. Special provision for Scheduled Castes, Scheduled Tribes in services and posts in University, affiliated colleges and institutions.
- (1) The University and the recognized institutions shall take into consideration, consistently with the maintenance of teaching standards and efficiency of administration, the claims of the members of the Scheduled Castes and Scheduled Tribes in making appointments to teaching and non-teaching posts under their respective control; and the University shall make the necessary Statutes for reservation of adequate number of posts for members of such Castes and Tribes in the University and recognized institutions.
- (2) Notwithstanding anything contained in this Act, the State Government shall have power to give to the University, from time to time, such directions as it may consider necessary in regard to categories of posts in which reservation of posts shall be made in favor of the members of the Scheduled Castes and Scheduled Tribes, percentage of the posts to be reserved for them, and any other matters connected with such reservation, and the University shall comply with such directions.
Chapter XIII MISCELLANEOUS PROVISIONS
97. Convocations.
The Convocation of the University for conferring degrees or for any other purpose shall be held in the manner prescribed by the Statutes.
Chapter XIII MISCELLANEOUS PROVISIONS
98. Delegation of powers.
Subject to the provisions of this Act, and the Statutes, any officer or authority of the University may, by order, delegate his or its powers, except the power to make Statutes, Ordinances and regulations, to any other officer or authority under its control, and subject to the condition that the ultimate responsibility for the exercise of the powers so delegated shall continue to vest in the authority delegating them.
Chapter XIII MISCELLANEOUS PROVISIONS
99. Maintenance of discipline among students of University.
- (1) All powers relating to discipline and disciplinary action in relation to the students of the University shall vest in the Vice-Chancellor.
- (2) The Vice-Chancellor may, by order, delegate all or any of his powers under this section as he thinks fit to such other officer as he may nominate in that behalf.
- (3) The Vice-Chancellor may, in the exercise of his powers, by order, direct that any student or students be expelled or rusticated for specified period, or be not admitted to a course or courses of study in any institution, school or department of the University for a specified period, or be punished with fine, not exceeding three hundred rupees, or be debarred from taking an examination or examinations conducted by the University, school, college, institution or a department for a period not exceeding five years or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be cancelled.
- (4) Without prejudice to the powers of the Vice-Chancellor, the Head of the University schools, conducted and recognized institutions, and the Head of teaching departments in the University, shall have authority to exercise all such powers over the students in their respective charge as may be necessary for the maintenance of proper discipline.
- (5) Without prejudice to the powers of the Vice-Chancellor, the Heads of institutions and the Heads of teaching departments in the University, and the Vice-Chancellor shall, subject to the approval of the Executive Council, make rules of discipline and proper conduct for the students of the University which shall also apply to the students of all institutions and every student shall be supplied with a copy of such rules.
- (6) The Heads of institutions may make such supplementary rules of discipline and proper conduct, not inconsistent with the rules made by the Vice-Chancellor, as they think necessary, and every student shall be supplied with a copy of such supplementary rules.
- (7) At the time of admission, every student shall sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor, and the other officers and authorities of the University and the authorities of the institutions, and shall observe and abide by the rules made by the Vice-Chancellor in that behalf, and, in so far as they may apply, the supplementary rules made by the Heads of institutions.
- (8) All powers relating to disciplinary action against students in an institution not maintained by the University shall vest in the Head of the institution, as regulated by the Ordinances.
Chapter XIII MISCELLANEOUS PROVISIONS
100. Protection of acts and orders.
All acts and orders done or passed in good faith by the University, or any of its authorities, bodies or officers, shall be final, and no suit or other legal proceeding shall be instituted against such bodies or officers for anything done or purporting to have been done in pursuance of the provisions of this Act and the Statutes, Ordinances, regulations and rules made thereunder.
Chapter XIII MISCELLANEOUS PROVISIONS
101. Absorption of persons on deputation in service of University.
- (a) It shall be lawful for the University to take into its service persons on deputation, persons from the other University or Government ;
- (b) notwithstanding anything contained in any other law for the time being in force, any person taken on deputation either from any other University or State Government, shall be subject to the provisions of this Act, and the Statutes and regulations made thereunder : Provided that, if such a person desires that he should be permanently absorbed in the service of the University, he may, by notice, in writing, so indicate within two years from the date of his deputation and thereupon if the University absorbs him permanently in its service, any service rendered or deemed to be rendered by him under the State Government or other University shall be deemed to be service under this University, and he shall be entitled to receive from the University, such terms and conditions of service, in respect of remuneration, leave and pension and such rights in respect of disciplinary matters or rights similar thereto, as the changed circumstances may permit, as are not less favorable than those to which that person was entitled to immediately before the date of commencement of this Act ;
- (c) he may be permitted to revert to the service of that University or of the State Government, as the case may be; and thereupon he shall revert to the service specified by him in the notice, on the same terms and conditions of service applicable to him immediately before such commencement ;
- (d) if any person taken over by the University under clause (b) fails to give such notice in time, he shall be deemed to have opted to be permanently absorbed in the service of the University under the proviso to clause (b) ; or
- (e) notwithstanding anything contained in this section, if in the opinion of the University, such person is not suitable or is surplus to its requirements, the University may move the University concerned or the State Government, as the case may be, within a period of two years from the date of deputation of such person, to repatriate him to the service of the concerned University or the Government, as the case may be. Upon such a request by the University, that University or the Government, as the case may be, shall take back the person in its service.
Chapter XIII MISCELLANEOUS PROVISIONS
102. Acts and proceedings not invalid merely on ground of defect in constitution, vacancies, irregularity in procedure, etc.
No act or proceeding of the Executive Council or any authority of the University or any committee constituted under this Act or by regulations shall be questioned on the ground merely of the existence of any vacancy in or defect of, in the constitution of such Executive Council, Authority or committee of the University or that there is any irregularity in the procedure of any such authority, body or committee not affecting the merits of the matter under consideration.
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