Bare Act
Chapter V STATUTES, ORDINANCES, RULES AND REGULATIONS
Education199898 sections13 chapters
Chapter V STATUTES, ORDINANCES, RULES AND REGULATIONS
48. Statutes
Statutory text
Subject to the provisions of this Act, Statutes may provide for all or any of the following matters, namely :—
- (1) conferment of honorary degrees and holding convocation;
- (2) the establishment and maintenance of the University departments, institutions conducted colleges, institutions of higher learning, research or specialised studies and hostels;
- (3) the powers and duties of the officers of the University;
- (4) the powers and duties of the authorities of the University;
- (5) the principles governing the seniority and service conditions of the employees of the University;
- (6) the provision for disqualifying members of the authorities, bodies or committees of the University;
- (7) abolition of University departments or institutions and conducted colleges;
- (8) qualifications, recruitment, workload, code of conduct, terms of office, duties and conditions of service, including periodic assessment of teachers, officers and other employees of the University and the affiliated colleges (except those colleges or institutions maintained by the State or Central Government or a local authority), the provision of pension, gratuity and provident fund, the manner of termination of their services, as approved by the State Government;
- (9) application of funds of the University for furtherance of the objects of the University;
- (10) norms of affiliation of colleges or for withdrawing the affiliation of the colleges;
- (11) the norms for grant of autonomy to University departments or institutions affiliated colleges and recognised institutions, subject to the approval of the State Government;
- (12) acceptance and management of trusts, bequests, donations, endowments and grants from individuals or organizations;
- (13) provision of reservation of adequate number of posts of teachers, officers and other employees of the University, affiliated colleges and recognised institutions, for members of the Scheduled Castes and Scheduled Tribes and Other Backward Classes in accordance with the policy of the State Government;
- (14) number of working days, number of actual days of instructions, holidays other than Sundays, vacation and terms in academic year;
- (15) disciplinary action against defaulting teachers, officers and other employees of the University, affiliated colleges and recognised institutions other than the colleges or institutions managed and maintained by the State Government or Central Government or Local Authorities;
- (16) the taking over or transferring, in public interest, of the management of a college or institution by the University and the conditions for such taking over or transferring, subject to the approval of the State Government;
- (17) any matter which is to be prescribed or which is necessary to give effect to the provisions of this Act.
Chapter V STATUTES, ORDINANCES, RULES AND REGULATIONS
49. Statutes how made
Statutory text
- (1) The Statutes may be made, amended or repealed by the Senate in the manner hereinafter provided.
- (2) The Senate may take into consideration the draft of a Statute either of its own motion or on a proposal by the Management Council. In the case of a draft which is not proposed by the Management Council, the Senate, before considering the same, shall obtain the opinion of the Management Council : Provided that, if the Management Council fails to submit its opinion within three months from the date it receives the draft, the Senate may proceed to take the draft into consideration.
- (3) The Senate, if it thinks necessary may also obtain the opinion of any officer authority or body of the University in regard to any draft Statute which is before it for consideration : Provided that, where any such draft Statute pertains to academic matters, the Senate shall obtain the opinion of the Academic Council before considering the same.
- (4) Every Statute passed by the Senate shall be submitted to the Chancellor who may give or withhold his assent thereto, or send it back to the Senate for reconsideration.
- (5) No Statute passed by the Senate shall be valid or shall come into force until assented to, by the Chancellor.
- (6) Notwithstanding anything contained in the foregoing sub-sections, the Chancellor, either suo motu or on the advice of the Government, may, direct the University to make provisions in Statutes in respect of any matter specified by him and if the Senate fails to implement such a direction within sixty days of its receipt, the Chancellor may, after considering the reasons, if any, communicated by the Senate for its inability to comply with such direction, make or amend Statutes suitably.
Chapter V STATUTES, ORDINANCES, RULES AND REGULATIONS
50. Ordinances and their subject matter
Statutory text
Subject to the conditions prescribed by or under this Act, the Management Council may make Ordinance, to provide for all or any of the following matters, namely :—
- (i) the conditions under which students shall be admitted to courses of study for degree, diploma, certificate and other academic distinctions;
- (ii) the fees to be charged for enrollment of students for attending such courses in the University and the conducted colleges (including the tuition fees and hostel charges), which shall, as far as possible, be uniform for the colleges situated in the same local areas, for admission to the examinations leading to degrees, diplomas, certificate and other academic distinctions, and for registration of graduates;
- (iii) the conditions of residence, conduct and discipline of the students of the University, and action to be taken against them for breach of discipline or misconduct, including the following :—
- (a) use of unfair means at an examination or abetment thereof;
- (b) refusal to appear or give evidence in any authorised inquiry by an officer in charge of an examination, or by any officer or authority of the University; or
- (c) disorderly or otherwise objectionable conduct, whether within or outside the University;
- (iv) the qualifications and classification of teachers in University departments, colleges and recognised institutions;
- (v) the conditions governing the appointment and duties of examiners;
- (vi) the conduct of examinations and other tests, and the manner in which the candidates may be assessed or examined by the examiners;
- (vii) the recognition of teachers of the University and the conditions subject to which persons may be recognised as qualified to give instructions in the University departments, colleges and recognised institutions;
- (viii) the inspection of colleges, recognised institutions, halls and hostels;
- (ix) the mode of execution of contracts or agreements for, by or on behalf of the University;
- (x) the rules to be observed and enforced by colleges and recognised institutions regarding transfer of students wherever necessary;
- (xi) the powers and functions of students’ associations and other organisation in colleges;
- (xii) all other matters which, by or under this Act or Statutes, are to be or may be, provided by Ordinance; and
- (xiii) generally, all matters for which provision is, in the opinion of the Management Council, necessary for the exercise of the powers conferred, or the performance of the duties imposed, on the Management Council by or under this Act or Statutes.
Chapter V STATUTES, ORDINANCES, RULES AND REGULATIONS
51. Ordinances and their making
Statutory text
- (1) The Management Council may make, amend or repeal Ordinances in the manner hereinafter provided.
- (2) No Ordinance concerning the matters referred to in clauses
- (i) to
- (vii) of the last preceding section, or any other matter connected with the maintenance of the standards of teaching and examinations within the University, shall be made by the Management Council unless a draft thereof has been proposed by the Academic Council.
- (3) The Management Council shall not have the power to amend any draft proposed by the Academic Council under sub-section (2), but may reject or return it to the Academic Council for reconsideration, in part or in whole, together with any amendments which the Management Council may suggest.
- (4) All Ordinances made by the Management Council shall have effect from such date as it may direct, but every Ordinance so made shall be submitted to the Chancellor within two weeks. The Chancellor shall have the power to direct the Management Council, within four weeks of the receipt of the Ordinance, to suspend its operation and he shall, as soon as possible, inform the Management Council of his objection to it.
Chapter V STATUTES, ORDINANCES, RULES AND REGULATIONS
52. He may, after receiving the comments of the Management Council, either withdraw the order suspending the Ordinance or disallow the Ordinance, and his decision shall be final.
Statutory text
Regulations and Rules
- (1) Subject to the conditions prescribed by or under this Act, and the approval of the Management Council, the Academic Council may make Regulations consistent with this Act, Statutes and Ordinances, providing for all or any of the matters which, by or under this Act, Statute or Ordinances, are to be or may be provided by Regulations, and for all other matters solely concerning itself.
- (2) Any authority or body may, subject to the previous approval of the Management Council, make Rules, consistent with this Act, the Statutes, Ordinances and Regulations, for—
- (a) giving notice of the dates and hours of its meetings and of the business to be conducted thereat;
- (b) regulating the procedure at its meeting and the number of members required to form a quorum, and keeping of records of the proceedings of such meetings ;
- (c) providing for all matters solely concerning such authority or body.
- (3) Such Rules shall be, submitted to the Management Council, which may amend or annul them in such manner as it thinks proper, after ascertaining and considering the views of the authority or body making them.
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