Establishment of the University

(1) There shall be established a University by the name of the State Open University. (2) The headquarters of the University shall be at Sambalpur and the University may establish, maintain or recognise institutes, schools, regional centers and study centres and such other institute at such places in the State as it may deem fit. (3) With the establishment of this University— (a) the other Universities of the State who are continuing their open and distance education programmes shall be given option to continue the same subject to conditions that such Universities shall develop their own open and distance learning system by establishing, maintaining or recognising institutes, schools, regional centers and study centers in the State in accordance with law or guidelines of the Distance Education Council for the time being in force, dispensing with franchise system of conducting various Open and distance education programmes, within a period of three years from the date of commencement of this Act; (b) on failure of the conditions specified in clause (a) by other universities of the State providing distance education programmes, through open and distance system, the Government shall, subject to the Guidelines of the Distance Education Council for the time being in force, issue directions to such Universities to wind up such open and distance education in the manner as may be prescribed; (c) a University, headquarters of which is situated outside the State of Odisha, shall obtain approval of the Government for establishing or continuing distance education programmes through open and distance learning system in the State in accordance with guidelines of the Distance Education Council, within a period of one year from the date of commencement of this Act failing which such establishment or continuance of the said programmes by such Universities shall be treated as unauthorised and the Government shall issue directions to such University to wind up such open and distance learning system in such manner as may be prescribed; (d) the provisions of clause (c) shall not apply to the Universities established under any law made by the Parliament. (4) The first Vice-Chancellor, the first Registrar, the first Comptroller of Finance, the first Controller of Examinations, the members of the first Board of Management, the Academic Council, the Planning Board and the Finance Committee and all persons who may become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body by the name of the Odisha State Open University. (5) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name. (6) Subject to the provisions of this Act and Statute, the University shall be competent to acquire and hold property both movable and immovable, to lease, sell or otherwise transfer any movable or immovable property which may have become vested in or been acquired by it, for the purposes of the University and to contract and to do all other things necessary for the purpose of this Act. (7) In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by, and all processes in such suit and proceedings shall be issued to and be served on, the Registrar.