The Birla Global University, Odisha Act, 2015

TheOdisha: -Gazette No.352,CUTTACK, EXTRAORDmARY PUBLISHEDBYAUTHORITY THURSDAY,FEBRUARY18,2016MAGHA29, LAWDEPARTMENT NOTIFICATION The17thFebruary,2016 No.folbwingACtoftheOdishaLegisletiüeAssembly havingassentedtobytheGovernorontie5thFebruary,2013isherebypublishedfor generalinformaton. ODISHAACT1OF2016 THEBIRLAGLOBALUNMERSITY,ODISHAACT,2015 ANACTTO•ESTABLISHANDINCORPORATEASELF-F•mANCEDPRIVATE UNITARYUNIVERSIT±INTHE.NAMEOFBIRLAGLOBALUNIVERSITY,ODISHA FORPROVIDINGHIGHQUALITYEDUCATIONANDTOREGULATEITS FUNCTIONANDFORMATTERSCONNECTEDTHEREWITHANDINCIDENTAL THERETO. BEenactedbytheLegisFatureoftheStateOdisheintheSixty-sixthYearofthe RepublicofIndiaasfollows:— CHAPTER-I PRELIMINARY Shorttitleand 4...(1)ThisActmaybecalledtheBirlaGlobal commencement. Oefinitiorvr University,OdishaAct.,2015. (2)shallcomeintoforceonsuchdateasthe

(1) In this Act, unless the context otherwise requires, (a) "Academic Council" means the Academic Council of the University constituted under section 21; (b) "AICTE" means the All India Council for Technical Education established under section 3 of the All India Council for Technical Education Act, 1987; (c) "Annual Report" means the annual report of the university referred to in section 45; (d) "Board of Governors" means the Board of Governors of the University constituted under section 19; (e) "Board of Management" means the Board of Management of the University constituted under section 20; (f) "Chairman" means the Chairman of the University as referred in section 8; (g) "Chancellor" means the Chancellor of the University as referred to in section 9; (h) "Dean" means the Dean of School of the University referred to in section 14; (i) "Development Fund" means the Development Fund of the University referred to in section 43; (j) "Distance Education System" means the system of imparting education through any of information technology and communication such as multimedia, broadcasting, online over internet, other methods, e-mail, internet, computer, interactive talks, e-learning, correspondence course, seminar, contact programmes or a combination of any two or more of such means; (k) "Employee" means employee appointed by the University and includes teachers and other staff of the University; (l) "Endowment Fund" means Endowment Fund of the University referred to in section 41; (m) "Faculty" means a faculty of the University; (n) "General Fund" means General Fund of the University referred to in section 42; (o) "Off campus Centre" means a centre of the University, established by it outside the main campus, within the State of Odisha operated and maintained as its constituent unit, having the University's complement of facilities, faculty and staff; (p) "Prescribed" means prescribed by the Statutes or Rules; (q) "Registrar" means the Registrar of the University appointed under section 13; (r) "Regulatory Body" means a Body established by the Central Government for laying down norms and conditions for standard of higher education such as University Grants Commission, All India Council for Technical Education and National Council of Assessment and Accreditation, Distance Education Council, and other bodies established by the State Government or the Central Government for the purpose; (s) "Rules" means the Rules of the University; (t) "School" means the constituent unit of the University as provided in clause (f) of section 6; (u) "Sponsoring Body" means Birla Academy of Art and Culture under the Indian Trust Act, 1882; (v) "State" means the State of Odisha; (w) "State Government" means the State Government of Odisha; (x) "Statutes" means the Statutes of the University; (y) "Study Centre" means a centre established, maintained or recognised by the University in the State for the purpose of counselling or for rendering any other assistance required by the students used in the context of distance education; (z) "Teacher" means a Professor, Associate Professor, Assistant Professor, Lecturer or such other person as may be appointed for imparting instruction or training or research in the University; (za) "Trust" means Birla Academy of Art and Culture Trust; (zb) "UGC" means the University Grants Commission established under the University Grants Commission Act, 1956; (zc) "University" means the Birla Global University, Odisha, established under this Act; and (zd) "Vice-Chancellor" means the Vice-Chancellor of the University appointed under section 12.

The University shall be unitary, self-financed and shall not be entitled to any grant-in-aid or any other financial assistance from the State Government or any other Body or Corporation owned or controlled by the State Government. The Univers}ty shall be uhita•y, self-financed end shall ntN be entlüed to any gant-Waid• or anyother financiål assistance from the State Govemmentor enyother Bcdy or Corporation owned or controlled by .the State Government

Subject to ether provisions of this Ad, the Statutes or Riles made therender any relevnt laws foe the time being in fome or such cyders, rqulations, gddelitE$ and directions as n•øy be isued, from dme to tome, by tre Central Government, State or Reg"cyeody, fre Universlty shall havethe powers, namely: (a) to establish Study Centers, as are in the opinion of University; næesary fw furtherenæ of Its ob— In nmformity with fre of tie University Grants Commission (Establishnent of Maintenance of Standards in Universities) Regulatin, 2003; (b) to establii arid develop Schools under various diseplines as er Msagadin due 'ion 5; (c) to carry out such other activities as may bé necessary or feesible firtherarice Of oblæt ofthe University; (d) to confer Degrees, Diplanas, Charters, CK ædemic distinMbfs and professional designators as envisaged under section 5 in the manner and under condit]ons laid down-ta te (e) to institute and award fellowships, scholarships end prizes, in wit) the Statutes; (f) to demand and receive Nich fees, bills, invoices and collect diarges as may be by the Statutes Of Rules, as lheæse be; (g) to makeprovisiors for e)drauicu« activities for students and employees; (h) to make appintments of the fæulty, officers and employees of the University Or Study Centres; (i) EO receved qlBtions and giftsof any kirß and to m'ire, hokt nmege, maintain and dspose of any movable or inynovable property, and endoml€nt gropepies for the purposeof the University ot a Study Centre; (j) to irEfituie and maintain to recognize places of residence for students of University; (k) to supervise, and contd the and to regulate the dis.#ine among fre students and all categories of employees end to lay down of serif* such empic»es, including thär code of conduct; (l) to aeate ædemic r• administrative and support åa« and neoessavy ppsks•; (m) to and collaborate witl other don-stic did overseas Universities and Institutions in \*Ch a manner and for such purposes as the University may detemine, from time to tirne; (n) to organize and refresher coUS$, orientation courses, workshops, seminars and ötter pcog:améfot teechast developers Of n.rse ware, evaluäors•and academic (o) to deteninestandrds•ofaånissionto the University the approvalottt'BAædemic Council; (p) to makespecid proisim fot students belonging to the StateofOdishaforadmission inanya:wrseoftheUniversity; (q) to doellsuchotheracts tings asnuy be neæeæryforfuthnnce obje:isofthe University; (r} to prescibesuch coursesfod Badnelor's Degræ, %étefs Degræ, Dmtor of Pli!osophy, Masterof Philosophy, Degrees R*Qh• and. uch. other Dwee, Cl*ders,• and "Wide fcr prepaiä(ön..: maelals, filn,. •ideo •cassettes, .corrpect• comFct•di*s andathws.cnware; (t) to reco$ze ewninations or pericx%of étudyt intill inpart.:of Uniwsitigs, Inaütution DCother places IHigtH learning. asequivalentto ewnindions Pöøds.of •studyin the University reccQnitionatmy tinw; (u) to rdse, mlledl subscibe the Board of Gowrncn on thesæurityOfnotof propertyof fre univeNtyrmoneyfcy p.uposeedf tel Uniwrslty; (v) to enter into, canyom,.vary ot (w) to ræeive grantsformnduetingResearchend ShidiesirbmNon.Govemmentsources;and (x) to do all necessal*or expediento to exercise tre a&jve powers.

The Unwersity shall Oßnto persons and hdl dl ates, creed, r€ltioo, lauage md gerüf, kxxeditation. The not discimFnate on grounds of gender, rtcercaste, relgon. or domiciF e and it shall not belaMuifortFw University to adopt or impbseortanypcscn, any test, whaboevgrof religious belief of any profession inorderto entitleonetobe*Pointedasa techeroftFEUniverstyortoholdanyoåher thereinorto be asastudentorto•enjoyorexerciseanyprivilege tereoi: Provided that fortie ofaånissionofstudent, Universityshallprovidereservation of ffy-'Hcentamfor the studentsof OdishaSLhieeIto satisfyingthe•miEimum standard for adnilssion tests and inteMews: Provided furåerthatanyseatsremainingvacantdueto noMvaiIabiIityof percentageOfSWd9ht$of Odsha, thosemay .filledbyotherstudentswithpriorKHmissioncf State Govemment.

(1) The Uniwsity shaoseek, obtän and retain accreditationtom the respectivenationalor Stateåccteditaion bodes gnd subjectb regulations Guidelinesmade thereundGf,fromtimetotime,relatingtoprivateUniwsitiesr (2) The I-hiversityshall obtainprior *mission or recognition r fromhe concernÆRe$latoryBodes,for conferringraduateOfpos\Oradugted*es andfor other programmes, (3) As regards other programmes.on tecmcal edEtion therelevantlaws,wles, regulationsin nutter of obtainingapprovalör recognitionOf standar± shdl applytotheUniversity.

Deans of Schools shall be appointed by the Vice-Chancellor in such manner and shall exercise such powers and perform such duties as may be prescribed.

The Controller of Finance shall be appointed by the Board of Governors in such manner and shall exercise such powers and perform such functions as may be prescribed.

The Comptroller of Examinations shall be appointed by the Vice-Chancellor in such manner and shall exercise such powers and perform such functions as may be prescribed.

The manner of appointment, terms and conditions of service, and duties and functions of other officers of the University, shall be such as may be prescribed.

The following shall be the authorities of the university, namely: (a) the Board of Governors; (b) the Board of Management; (c) the Academic Council; (d) the Finance Committee; and (e) such other authorities as may be declared by the Statutes to be the authorities of the university.

(1) The Board of Governors shall consist of the following members: (a) the Chairman; (b) the Vice-Chancellor; (c) three representatives of the Trust nominated by the Chairman of the Trust; (d) The Secretary to Government of Odisha, Higher Education Department and Secretary to Government of Odisha, Employment and Technical Education and Training Department who shall be the ex-officio members; (e) two academicians out of whom one to be nominated by the sponsoring body and another to be nominated by the State Government; (f) two Deans of the University by rotation, to be nominated by the Vice-Chancellor; (g) the Registrar of the University who shall be the Member Secretary; and (h) three members of the Odisha Legislative Assembly to be nominated by the Speaker in consultation with the Leader of the House and Leader of Opposition. (2) The Chairman shall be the Chairman of the Board of Governors. (3) The Registrar shall be the ex-officio Secretary of the Board of Governors. (4) The Board of Governors shall be the principal policy making body and principal body at the University and shall have the following powers, namely: (a) to lay down policies to be pursued by the University; (b) to review decisions of other authorities of the University, if they are not in conformity with the provisions of this Act or the Statutes or the Rules; (c) to make new or additional Statutes and Rules or amend or repeal the Statutes and Rules with the approval of the State Government; (d) to approve the budget and annual report of the University; (e) to appoint the Auditors of the University; (f) to take decision about voluntary winding up of the University with the approval of the State Government; (g) to approve proposals for submission to the State Government; and (h) to take such decisions and steps as are found desirable for effectively carrying out the objects of the University. (5) The Board of Governors shall meet at least twice in a calendar year at such time and at such place as the Chairman thinks fit. (6) Provided as provided in this section, terms of nominated members of the Board of Governors shall be three years from the date of such nomination.

The constitution, powers and functions of other authorities of the University shall be such as may be prescribed.

Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely: (a) the constitution, powers and functions of the authorities and other bodies of the University not mentioned in the Act, as may be constituted, from time to time, and creation of new authorities of the University; (b) the operation of the Endowment Fund, the General Fund and the Development Fund; (c) the terms and conditions of appointment of the Vice-Chancellor, the Registrar and the Finance Officer and their powers and functions; (d) the mode of recruitment and the terms of service of other officers, teachers and employees of the University; (e) the procedure for resolving disputes between the University and its officers, faculty members, employees and Students; (f) the creation, addition or abolition of departments and faculties; (g) the manner of co-operation with other Universities or institutions of higher learning; (h) the procedure for conferment of honorary degrees; (i) the provisions regarding grant of freeships and scholarships; (j) the number of seats in different courses of studies and the procedure of admission of students to such courses; (k) the fee chargeable from students for various courses of studies; (l) the institution of fellowships, scholarships, studentships, freeships and prizes; (m) the procedure for creation and abolition of posts; and (n) any matter which may be prescribed. (l) the institution of fellowships, scholarships, studentships, free-ships, and prizes; (m) the procedure for formation and addition of posts; and (n) any matters which may be prescribed.

The Board of Governors may, with the prior approval of the State Government, make new or additional Statutes or amend or repeal the Statutes.

(1) The admission procedure shall be in accordance with the norms and guidelines prescribed by the UGC or other Regulatory Bodies, as the case may be, depending on the course in which students seek admission. (2) In absence of the norms and guidelines under sub-section (1), admission in the University shall be made strictly on the basis of merit. (3) Merit for admission in the University may be determined on the basis of marks or grade obtained in the qualifying examination and achievements in co-curricular and extra-curricular examinations or on the basis of marks or grade obtained in the entrance test conducted at State level either by an association of the Universities or by any agency of the State.

(1) Every employee shall be appointed under a written contract which shall be kept in the University and a copy of which shall be furnished to the employee concerned. (2) Disciplinary action against the students or employees shall be governed by the procedure as may be prescribed.

The University shall constitute for the benefit of its employees such Provident Fund or pension fund and provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed.

If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or other body of the University, the matter shall be referred to the Chairman whose decision thereon shall be final.

Any authority of the University referred to in section 18 may constitute a committee for its purpose, consisting of such members and having such powers as may be prescribed by it.

Any vacancy arising by reason of death, resignation or otherwise among the members of any of the authority of the University, other than the ex-officio members shall be filled up as soon as may be convenient by the same member and the member so appointed shall hold office for the unexpired portion of the term of the predecessor in office.

Notwithstanding anything contained in this Act and the Statutes,— (a) the first Vice-Chancellor shall be appointed by the Chairman and the said officer shall hold office for a term of three years; (b) the first Registrar and the first Controller of Finance shall be appointed by the Chairman and shall hold office for a term of three years; (c) the first Board of Governors shall hold office for a term not exceeding three years; and (d) the first Board of Management, the first Finance Committee and the first Academic Council shall be constituted by the Chairman for a term of three years.

(1) The Sponsoring Body shall establish an Endowment Fund of Rupees twenty-five Crores. (2) The amount of Endowment Fund shall be kept invested until the dissolution of the University in long term securities. (3) The University may transfer any amount from the General Fund or the Development Fund to the Endowment Fund. (4) Except during the dissolution of the University, no money can be transferred from the Endowment Fund under any other circumstances other than for the purposes of the University. (5) Out of the incomes received from the Endowment Fund, an amount not exceeding seventy-five percent shall be used for the purposes of development works of the University and the remaining twenty-five percent shall be reinvested in the Endowment Fund.

(1) The Annual Report of the University shall be prepared under the direction of the Board of Management and shall be submitted to the Board of Governors for its approval. (2) The Board of Governors shall consider the Annual Report in its meeting and may approve the same with or without modification. (3) A copy of the Annual Report duly approved by the Board of Governors shall be sent to the Chancellor and to the State Government on or before the 31st December following the closure of the financial year on the 31st March of each year. The annual report shall be laid in the House of Legislative Assembly.