The Jagadguru Kripalu University, Odisha Act, 2020

(1) This Act may be called the Jagadguru Kripalu University, Odisha Act., 2020. (2) It shall come into force on such date as the State Government may, by notification, appoint.

In this Act., unless the context otherwise requires, ---- (a) “Academic Council” means the Academic Council of the University constituted under Section 20; (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 44; (d) “Board of Governors” means the Board of Governors of the University constituted under Section 19; (e) “Chairman” means the Chairman of the University as referred to in Section 11; (f) “Chancellor” means the Chancellor of the University referred to in Section 9; (g) “Dean” means the Dean of School of the University referred to in Section 14; (h) “Development Fund” means the Development fund of the University referred to in Section 42; (i) “Employee” means employee appointed by the University and includes teachers and other staff of the University; (j) “Endowment Fund” means Endowment Fund of the University referred to Section 40; (k) “Faculty” means faculty of the University; (l) “General Fund” means General Fund of the University referred to in Section 41; (m) “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; (n) “Prescribed” means Prescribed by the Statute; (o) “Registrar” means the Registrar of the University appointed under Section 13; (p) “Regulatory Body” means a Body established by the Central Government for laying down norms and conditions for ensuring standard of higher education such as University Grants Commission, All India Council for Technical Education and National Council for Assessment and Accreditation and other bodies established by the State Government or the Central Government for the purpose; (q) “Rules” mean the rules of the University; (r) “School” means the constituent unit of the University as provided in clause (q) of Section 5; (s) “Sponsoring Body” means Jagadguru Kripalu Yog Trust registered under the Indian Trust Act., 1882; (t) “State” means the State of Odisha; (u) “State Government” means the State Government of Odisha; (v) “Statutes” means statutes of the University; (w) “Teacher” means a Professor, Associate Professor, Assistant Professor, Lecturer or such other person as may be appointed for imparting instruction or training or conducting research in the University; (x) “Trust” means Jagadguru Kripalu Yog Trust; (y) “UGC” means the University Grants Commission established under the University Grants Commission Act., 1956 ; (z) “University” means Jagadguru Kripalu University established under this Act; and (za) “Vice-Chancellor” means the Vice-Chancellor of the University appointed under Section 12.

(1) Subject to the provisions of this Act., the State Government, may by notification, establish a unitary University by the name “Jagadguru Kripalu University, Odisha” after the endowment fund is set up by the Sponsoring Body in accordance with the provisions of Section 40. (2) The Sponsoring Body shall ,---- (a) provide 100 acres of land leased out by the Government in the village Banra in Damapada Tahasil, in the district of Cuttack in favour of the Trust which shall be the campus of the University; (b) assign a minimum built up area of thirty thousand square meters to the University in the form of buildings and ancillary structures for administrative and academic purposes, which shall not be used for any other purpose other than that for which the same is assigned; (c) purchase books and journals at least worth Rs. 15,00,000 or as per the norms of the Regulatory Bodies, whichever is higher, in the first year and to invest not less than Rs. 50,00,000 or as per the norms of the Regulatory Bodies, whichever is higher, on books, journals, computer networking and other facilities to make the library facilities adequate for contemporary teaching and research within the first three years and the existing library books, journals, computer networking and other facilities of the Trust, if any, shall constitute part of the requirement. (d) purchase equipments, computers, furniture, other movable and immovable assets and infrastructure facilities other than buildings referred to in clause (b) worth Rs. 30,00,000 or as per the norms of the Regulatory Bodies, whichever is higher, and give undertaking to procure within the first five years, equipments, computers, furniture, other movable and immovable assets and infrastructure facilities other than buildings referred in clause (b) worth not less than Rs. 1,00,00,000 or as per the norms of the Regulatory Bodies, whichever is higher, and the existing equipments, computers, furniture, other movable and immovable assets and infrastructure facilities other than buildings, if any, shall constitute part of the requirement; (e) give an undertaking,— (i) to appoint adequate number of Professors, Associate Professors, Assistant Professors or Lecturers on full time basis so that each Professor, Associate Professor, Assistant Professor and Lecturer has at least 16 hours of teaching work per week, along with necessary supporting staff in each school or department or discipline of the University prior to the date such school or department or discipline is started; (ii) to take up co-curricular activities to foster a proper academic and healthy socio-cultural environment, such as seminars, debates, quiz programmes and extra-curricular activities like games, sports, National Service Scheme, National Cadet Corps and such other activities for the benefit of the students as per the norms laid down by the Regulatory Bodies ; (iii) to establish welfare programmes for the employees of the University; (iv) to fulfil such other conditions and provide such other information, as may be prescribed by the Regulatory Bodies, from time to time; (v) that the programmes of study leading to a degree or a post-graduate degree or diploma offered by the University shall conform to the relevant regulations or norms of the UGC and the concerned Regulatory Body, as amended from time to time; (vi) that the admission procedure and the fixation of fees shall be in accordance with the norms or guidelines, if any, prescribed by the Regulatory Bodies, such fee structure shall be displayed in the prospectus and on the Institution’s website; (vii) that the teaching staff of the University shall have at least the minimum qualifications prescribed by the UGC or other concerned Regulatory Bodies, and be paid appropriate emoluments; (viii) that the University shall be open to all persons and shall not discriminate on the grounds of gender, caste, creed, religion, race, domicile and it shall not be lawful for the University to adopt or impose on any person, any test whatsoever of religious belief or any profession in order to entitle one to be appointed as a teacher of the University or to hold any other office therein or to be admitted as a student or a research scholar or a trainee or to enjoy or exercise any privilege thereof; (ix) not to offer any programme in the distance mode; and (x) to fulfil such other conditions and provide such other information as may be prescribed by the Regulatory Bodies. (3) The Sponsoring Body, after fulfilment of the requirements and conditions specified in sub-section (2), shall make a report of compliance to the State Government within a maximum period of two years from the date of the commencement of the Act.: Provided that the State Government may allow extension of such period as it may deem fit on consideration of the progress in fulfilling the conditions specified under sub-section (2). (4) The State Government, if satisfied, after considering the compliance report submitted by the Sponsoring Body under sub-section (3), that the Sponsoring Body has complied with the provisions of sub-section (2), may issue notification under sub-section (1) to establish the University with the description of location, jurisdiction and such other conditions as may be specified in this behalf: Provided that no notification shall be made unless a High Power Committee constituted by the Government certifies that the Sponsoring Body has complied with the provisions of sub-section (2) and that the provisions of the University Grants Commission (Establishment of and Maintenance of standards in Private Universities) Regulations, 2003, as amended from time to time, and regulations and guidelines of other regulating bodies have been fully complied with by the Sponsoring Body. (5) On and from the date of issue of such notification, it shall be deemed to have been established and incorporated as a University by the name of “Jagadguru Kripalu University, Odisha”. (6) The notification issued under sub-section (1) shall be laid before the State Legislature for a period of fourteen days comprising one session or more than one session thereof. (7) the University shall be a body corporate having perpetual succession and common seal with powers, subject to the provisions of this Act., to acquire, own and dispose of property and to contract and to do all things necessary for the purpose of this Act. and shall sue and be sued by the same name. (8) In all suits and other legal proceedings by or against such University, the pleadings shall be signed and verified by the Registrar and all processes in such suits and proceedings shall be issued to and be served on the Registrar. (9) The University shall be located at village Banara, Tahasil-Damapada, in the district of Cuttack.

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 objective for which the University is established are as follows:- (a) to disseminate advanced knowledge by providing academic and research facilities in such branches of learning which includes Engineering and Technology, Humanities and Social Sciences, Physical and Biological Sciences, Medicine, Management, Law, Indian Culture and Performing Arts, Yoga, Spirituality and Mind-management, Vocational Education and Training, Tribal and Backward Area Development Studies, Social justice and in other fields as it may deem fit; (b) to institute Degrees, Diplomas, Charters, Designations, Certificates and other academic distinctions on the basis of examination or any other method of evaluation; (c) to collaborate with other colleges or Universities, research institutions, industrial associations, professional associations or any other organization, in India or abroad; (d) to promote moral values, human ethics and service orientation, and train exemplary citizens of the country and the world; (e) to innovate, develop and offer holistic spiritual education in the fields of Vedic Sciences, Yogic Sciences, Mind-management, Comparative Religion and Alternative Medicine for physical, mental and intellectual well-being of society; (f) to create new career options for like-minded youth in the field of Vedic Sciences, Yogic Sciences, and Mind-management and make them fit enough to act as Cultural Ambassadors of India abroad. To train brilliant, dynamic and service-oriented teachers in these fields, with the potential of conducting classes for corporate houses, industries, educational institutions and the general public; (g) to promote and propagate Alternative Medicinal systems, such as Naturopathy and Ayurveda, through education, research, cultivation of indigenous herbs and organic farming; (h) to establish an ideal of a socially responsible and responsive University, by conducting health camps, opening hospitals, blood-banks, old-age homes, schools, and other humanitarian institutions in the Tahasil of Damapada, and later in other parts of the State of Odisha, with the approval of the Government, for the alleviation of poverty of the masses, both material and spiritual; (i) to conduct Executive Development programs, Health Camps, Yoga Retreats, Mind-management Workshops, Exhibitions, for physical, mental and spiritual upliftment of the society; (j) to develop a Centre for Continuing Education for the benefit of women, the disabled and those who cannot undergo the regular courses; (k) to run job-oriented certificate and diploma courses; (l) to undertake inter-disciplinary studies with respect to Humanities, Sciences, Technology and in other fields; (m) to function as a learning resource centre; (n) to provide opportunities for sharing of knowledge by conducting national level and international level conferences and seminars; (o) to open offices, centres, and educational institutes in India and abroad, with the approval of the Government, for effectively implementing any of the above; (p) to conceptualize, design and develop specific educational and research programmes, training programmes and exchange programmes for students, faculty members and others; (q) to establish the following schools of the University, namely:- (i) School of Religious Studies; (ii) School of Health Sciences; (iii) School of Fine Arts; (iv) School of Languages; (v) School of Humanities; (vi) School of Business Studies; (vii) School of Engineering; (viii) School of Basic Sciences; and (ix) Subject to the approval of the State Government, any other School as it may deem fit; (r) to disseminate knowledge through seminars, conferences, executive education programmes, community development programmes, publications and training programmes; (s) to undertake programmes for the training and development of faculty members of the University and other Institutions in India and abroad; (t) to undertake collaborative research with any other organization in India or abroad; (u) to create higher levels of intellectual abilities; (v) to provide consultancy to industry, Government and Public Organizations; (w) to ensure that the standard of the degrees, diplomas, charters, certificates and other academic distinctions are not lower than those laid down by the University Grants Commission and other Regulatory Bodies, as the case may be; (x) to do all things necessary or expedient to promote the above objectives; and (y) to pursue any other objective as may be approved by the State Government.

Subject to the provisions of this Act., the Statutes or Rules made there under or any other relevant laws for the time being in force or such orders, regulations, guidelines and directions, as may be issued from time to time, by the Central Government, the State Government or the Regulatory Body, the University shall have the following powers, namely :– (a) to establish and develop Schools under various disciplines as envisaged in clause (q) of Section 5; (b) to carry out such other activities as may be necessary or feasible in furtherance of the object of the University; (c) to confer Degrees, Diplomas, Charters, Certificates or other academic distinctions and professional designations as envisaged under Section 5 in the manner and under conditions laid down in the Statutes; (d) to institute and award fellowships, scholarships and prizes, in accordance with the Statutes; (e) to demand and receive such fees, bills, invoices and collect charges, as may be fixed by the Statutes or Rules, as the case may be; (f) to make provisions for extra-curricular activities for students and employees; (g) to make appointments of the faculty, officers and employees of the University; (h) to receive donations and gifts of any kind and to acquire, hold, manage, maintain and dispose of any movable or immovable property and endowment properties for the purpose of the University; (i) to institute and maintain or take on rent halls and to provide places of residence for students of the University and to recognize such places taken on rent; (j) to supervise and control the residence and to regulate the discipline among the students, research scholars, trainees and all categories of employees and to lay down the conditions of service of such employees, including their code of conduct; (k) to create academic, administrative and support staff and other posts, as would be necessary; (l) to co-operate and collaborate with other domestic and overseas Universities and Institutions, academicians, in such manner and for such purposes as the University may determine, from time to time, keeping in view, the rich heritage and culture of India; (m) to organise and conduct refresher courses, orientation courses, workshops, seminars and other programmes for teachers, developers of course ware, evaluators and other academic staff; (n) to determine standards of admission to the University with the approval of the Academic Council; (o) to make special provision for students belonging to the State of Odisha for admission in any course of the University; (p) to do all such other acts or things as may be necessary for furtherance of the objects of the University; (q) to prescribe such courses for Bachelor’s degree, Master’s degree, Master of Philosophy, Doctor of Philosophy, Degrees and Research and such other Degrees, Diplomas, Charters, Designations and Certificates; (r) to provide for the preparation of instructional materials including films, cassettes, tapes, video cassettes, compact disk, visual compact disk and other software; (s) to reorganize examinations or periods of study, whether in full or in part, of other Universities, Institution or other places of Higher learning as equivalent to examinations or periods of study in the University and to withdraw such recognition at any time; (t) to raise, collect, subscribe and borrow with the approval of the Board of Governors whether on the security or the property of the University money for the purpose of the University; (u) to enter into, carry out, vary or cancel contracts; (v) to receive grants for conducting schemes, projects and specific Research and Studies from Non-Government sources; and (w) to do all things necessary or expedient to exercise the above powers.

The University shall be open to all persons and shall not discriminate on the ground of gender, race, caste, religion or domicile and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or any profession in order to entitle one to be appointed as a teacher of the University or to hold any other office therein or to be admitted as a student or to enjoy or exercise any privilege thereof: Provided that for the purpose of admission of students, the University shall provide reservation of fifty percentum of the seats in each different course for the students of Odisha subject to satisfying the minimum qualifying standard for admission tests and interviews: Provided further that any seats remaining vacant due to non-availability of required percentage of students of Odisha, those may be filled by other students with prior permission of the State Government.

(1) The University shall seek , obtain and retain accreditation from the respective national or State accreditation bodies and be subject to the regulations or guidelines made thereunder, from time to time, relating to private Universities. (2) The University shall obtain prior permission or recognition from the concerned Regulatory Bodies for conferring graduate or post graduate degrees and for other programmes. (3) As regards other programmes on technical education, the relevant laws, rules, regulations in the matter of obtaining approval or recognition or maintaining standards shall apply to the University.

(1) The Chancellor shall be an eminent educationist or a distinguished public figure other than the President of the Sponsoring Body or his close relatives. (2) The Chancellor shall be appointed by the President of the Sponsoring Body, with the approval of the Board of Governors, and he shall hold office for a term of three years and after expiry of the term, he shall be eligible for re-appointment as Chancellor for further terms. (3) The Chancellor shall, when present, preside at the convocation of the University for conferring Degrees, Diploma, Charters, Designations and Certificates. (4) The Chancellor shall have the following powers to be exercised in accordance with the procedure laid down in the Statutes, namely:- (a) to call for any paper or information relating to the affairs of the University; and (b) on the basis of information received by the Chancellor, if he is satisfied that any order, proceeding or decision taken by any authority of the University other than the Board of Governors, is not in conformity with the Act, Statutes or Rules, he may give such advice to the Vice-Chancellor as he may deem fit in the interest of the University and basing on such advice of the Chancellor, the Vice-Chancellor shall take a decision which shall be complied with by all concerned.

The following shall be the officers of the University, namely :– (a) The Chairman; (b) The Chancellor; (c) The Vice Chancellor; (d) The Registrar; (e) The Deans of Schools; (f) The Comptroller of Finance; (g) The Controller of Examination; and (h) Such other officers as may be declared by the Statutes to be officers of the University.

(1) The President of the Sponsoring Body shall be the Chairman of the University. (2) The Chairman, during his absence, may by order in writing, designate the Chancellor, the Vice Chancellor or any other person from among the Board of Governors, to act as the Chairman of the University for such period and for such functions and responsibilities as he may specify in that order who may be called the Designated Chairman. (3) The Chairman or the Designated Chairman referred to in sub-section (2) shall preside at the Board of Governors and the Chairman shall, when the Chancellor is not present, preside at the Convocation of the University for conferring Degrees, Diplomas, Designations or Certificates. (4) The Chairman shall have the following powers, namely, (a) to call for any information or record; (b) to appoint and remove the Chancellor or the Vice-Chancellor in consultation with the Board of Governors, and (c) such other powers as may be conferred on him by the Act or the Statutes made thereunder. (5) The Designated Chairman shall perform all functions and exercise all powers specifically designated to him in writing by the Chairman.

(1) The Vice-Chancellor shall be appointed by the Chairman with the approval of the Board of Governors and shall hold office for a term of three years and after expiry of the term, he shall be eligible for a re-appointment for another term not exceeding three years. (2) The Vice-Chancellor shall be the Chief Executive and Academic Officer of the University, who shall exercise general supervision and control over the affairs of the University and give effect to the decisions of the authorities of the University. (3) If in the opinion of the Vice-Chancellor it is necessary to take immediate action on any matter for which powers are conferred on any other authority other than the Board of Governors, by or under this Act., he may take such action as he deems necessary and shall, at the earliest opportunity, thereafter report his action to such officers or authority as would have in the ordinary course dealt with the matter: Provided that, if in the opinion of the concerned authority such action would not have been taken by the Vice-Chancellor, then such case shall be referred to the Chairman, whose decision thereon shall be final: Provided further that where any such action taken by the Vice-Chancellor affects any person in the service of the University, such person shall be entitled to prefer within three months from the date on which such action is communicated to him, an appeal to the Board of Governors and the Board of Governors may confirm or modify or reverse the action taken by the Vice-Chancellor. (4) If in the opinion of the Vice-Chancellor, any decision of any authority of the University other than the Board of Governors, is outside the powers conferred by this Act., Statutes or is likely to be prejudicial to the interest of the University, he shall request the concerned authority to revise its decision within seven days from the date of his decision and in case the authority refuses to revise such decision wholly or partly, or fails to take any decision within seven days, then such matter shall be referred to the Chairman who in consultation with the Chancellor will take a decision and his decision thereon shall be final. (5) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Rules. (6) The Vice-Chancellor shall preside at the convocation of the University in the absence of both the Chancellor and the Chairman for conferring Degrees, Diplomas, Charters, Designations and Certificates. (7) The Chairman is empowered to remove the Vice-Chancellor after due enquiry and it shall be open to the Chairman to suspend the Vice-Chancellor during the said enquiry depending upon the seriousness of the charges.

(1) The appointment of the Registrar shall be made by the Chairman in such manner as may be prescribed. (2) All contracts shall be signed and all documents and records shall be authenticated by the Registrar on behalf of the University. (3) The Registrar shall exercise such other powers and perform such other functions as may be prescribed or as may be required from time to time by the Board of Governors. (4) The Registrar shall be responsible for due custody of the records and the common seal of the University and shall be bound to place before the Chairman, the Chancellor, the Vice-Chancellor or any other authority, all such information and documents as may be necessary for the transaction of their business.

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 Controller 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, the terms and conditions of service and powers, 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 Academic Council; (c) the Finance Committee, and (d) 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, namely:– (a) the Chairman; (b) the Chancellor; (c) the Vice-Chancellor; (d) three representatives of the Sponsoring Body nominated by the Chairman of the Sponsoring Body; (e) the Secretary to Government of Odisha, Higher Education Department and Secretary to Government of Odisha, Skill Development and Technical Education Department who shall be ex-officio members; (f) two academicians out of whom one to be nominated by the Sponsoring Body and another to be nominated by the State Government; (g) two experts in the field of Finance, Law, Management, Education or Civil Service to be nominated by the State Government; (h) two Deans of the University by rotation, to be nominated by the Vice-Chancellor; of whom one may be a woman if available; (i) three members from among the Members of the Legislative Assembly to be nominated by the Speaker of the Odisha Legislative Assembly ; (j) the Registrar of the University who shall be the Member Secretary. (2) The Chairman shall be the Chairman of the Board of Governors. (3) The Registrar shall be the ex-officio Member Secretary of the Board of Governors. (4) The Board of Governors shall be the principal Executive and the principal Governing Body of the University and shall have the following powers, namely:- (a) to lay down policies to be pursued by the University; (b) to review and rescind 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) Save as otherwise provided in this section, the terms of nominated members of the Board of Governors shall be three years from the date of such nomination.

(1) The Academic Council shall consist of,— (a) the Vice-Chancellor who shall be the ex officio Chairman; (b) the Registrar who shall be the ex officio Secretary; (c) three Deans of the University by rotation, to be nominated by the Vice-Chancellor; (d) two senior Professor of the University by rotation to be nominated by the Vice-Chancellor, of whom one shall be a women, if available; and (e) such other members as may be prescribed. (2) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and the Rules, co-ordinate and exercise general supervision over the academic policies of the University and shall exercise such other powers and perform such other functions as may be prescribed. (3) The term of office of the members other than the ex officio members shall be three years.

(1) The Finance committee shall consist of,— (a) the Vice-Chancellor of the University who shall be the ex officio Chairman; (b) the Registrar who shall be the ex officio Secretary; (c) the Comptroller of Finance; and (d) such other members as may be prescribed. (2) The Finance Committee shall be the principal financial body of the University to take care of financial matters and shall, subject to the provisions of this Act., Statutes and Rules, co-ordinate and exercise general supervisions over the financial matters of the University and shall exercise such other powers and perform such other functions as may be prescribed. (3) The term of office of the members other than the ex-officio members shall be three years.

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

No act or proceeding of any authority of the University shall be invalid merely by reason of the existence of any vacancy or defect in the constitution of the authority.

Subject to the provisions of the Act., the Statutes may provide for all or any of the following matters, namely:- (a) the constitution, the powers and functions of the authorities and other bodies of the University not specified 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 conditions 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, abolition or restructuring 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 free ships 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, free ships, studentships, medals and prizes; (m) the procedure for creation and abolition of posts; and (n) any other matters which may be prescribed.

(1) The first Statutes shall be made by the Board of Governors and shall be submitted to the State Government for its approval, which may, within six months from the date of receipt of Statutes, give its approval with or without modifications. (2) Where the State Government fails to take any decision with respect to the approval of the Statutes within the period specified in sub-section (1), it shall be deemed to have been approved by the State Government.

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

Subject to the provisions of this Act and the Statute made thereunder, the rules may provide for all or any of the following matters, namely:- (a) the admission of students to the University and their enrolment and continuance as such; (b) the courses of study to be laid down for all Degrees, Diplomas, Certificates, Charters and other academic distinctions of the University; (c) the award of Degrees, Diplomas, Certificates and other academic distinctions of the University; (d) the accounting policy and the financial procedure; (e) the conditions of the award of fellowships, free ships, scholarships, studentships, medals and prizes; (f) the conduct of examinations, and the conditions and mode of appointment and duties of examining bodies, Examiners, Invigilators, tabulators and modulators; (g) the fee to be charged for examinations, for Degrees, Diplomas, Certificates and other academic distinctions of the University including the revision thereof; (h) the revision of fees; (i) the alteration of number of seats in different courses and Programmes; (j) the conditions of the residence of the students of the University; (k) maintenance of discipline among the students of the University; and (l) any other matter not specifically provided in the Statutes.

(1) The Rules shall be made by the Board of Governors and the Rules so made shall be submitted to the State Government for its approval, which may, within two months from the date of receipt of the Rules, give its approval with or without modification. (2) Where the State Government fails to take decision with respect to the approval of the Rules within the period specified in sub-section (1), it shall be deemed to have been approved by the State Government.

(1) The Board of Governors may propose to amend or repeal rules and the proposal shall be submitted to the State Government for approval and the State Government may, within two months from the date of receipt of the proposal, give its approval with or without modification. (2) Where the State Government fails to take decision with respect to approval of the proposal within the period specified in sub-section (1), it shall be deemed to have been approved by the State Government.

(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 the students seek admission. (2) In absence of the norms and guidelines under sub-section (1), the 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 activities and on the basis of marks or grade obtained in the entrance test conducted at State level either by an association of the Universities conducting similar courses or by any agency of the State.

(1) The University may, from time to time, prepare the fee structure in accordance with the norms and guidelines prescribed by the UGC and other Regulatory Bodies depending on the course in which the students seek admission. (2) The University shall not charge any fees, by whatever name called, other than that for which it is entitled under the provisions of sub-section (1). (3) The University shall implement a scheme framed by the State Government for providing concession in fees payable to the University by the students belonging to Scheduled Castes, Scheduled Tribes Community, Socially and Educationally Backward Classes not belonging to creamy layer, economically weaker sections and persons with Disability from the state of Odisha. Explanation.— For the purpose of this section, the expression “economically weaker section” means students whose parent’s total annual income does not exceed such amount as the State Government may, from time to time, determine.

(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.

Every employee or student of the University shall, notwithstanding anything contained in this Act., have the right to appeal within such time, as may be prescribed, to the Board of Governors, against the decision of any officer or authority of the University and thereupon the Board of Governors may confirm, modify or change the decision appealed against.

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, other than the Chancellor or the Vice Chancellor, 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 it consisting of such members and having such powers as may be entrusted 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.

(1) No suit or other legal proceedings shall lie against any officer or other employees of the University for anything which is done in good faith or intended to be done in pursuance of the provisions of this Act., the Statutes or the Rules. (2) Nothing in sub-section (1) shall be a bar for filing suits, prosecutions or other legal proceedings for anything done in contravention of the provisions of this Act. and the Rules or Statutes made thereunder and any other law for the time being in force.

Notwithstanding anything contained in this Act. and the Statutes,— (a) the first Chancellor and 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 who 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 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 invested and 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) Excepting in the dissolution of the University, no money can be transferred from the Endowment Fund under any circumstance for any purpose. (5) Out of the incomes received from the Endowment fund, an amount not exceeding seventy-five percentum shall be used for the purposes of development works of the University and the remaining twenty-five percentum shall be invested in the Endowment fund.

(1) The University shall establish a General Fund to which the following amount shall be credited, namely:- (a) all fees which may be charged by the University; (b) all sums received from any other source; (c) all contributions made by the Sponsoring Body, and (d) all contributions or donations made in this behalf by any other person or Body, which are not prohibited by any law for the time being in force. (2) The amount credited to the General Fund shall be applied to meet the following payments, namely:— (a) the repayment of debts including the interest charges thereto incurred by the University for the purposes of this Act. and the Statutes and the Rules made there under; (b) up keeping the assets of the University; (c) the payment of the cost of audit of the fund created under this Section and Section 42; (d) meeting the expenses of any suit or proceedings to which the University is a party; (e) the payment of salaries and allowances of the officers and employees of the University, members of the teaching and research staff, payment of any Provident Fund contributions, gratuity and other benefits to any such officers, employees, members of the teaching and research staff; (f) the payment of travelling and other allowances of the members of the Board of Governors, the Board of Governors, Academic Council and other authorities so declared under the Statutes of the University and of the members of any Committee or Board appointed by any of the authorities of the University in pursuance of ay provision of this Act. or the Statutes or the Rules made there under; (g) the payment of fellowships, free ships, scholarships, assistantships and other awards to students, research associates or trainees eligible for such awards under the Statutes or Rules of the University; (h) the payment of any expenses incurred by the University in carrying out the provisions of this Act. and the Statutes or the Rules; (i) the payment of the cost of capital not exceeding the prevailing bank-rate of interest, incurred by the Sponsoring Body for setting up the University and the investments made thereof; (j) the payment of charges and expenditure relating to the consultancy work undertaken by the University in pursuance of the provisions of this Act. and the Statutes and the Rules, and (k) the payment of any other expenses including a management fee payable to any organisation charged with the responsibility of managing the University on behalf of the Sponsoring Body as approved by the Board of Governors, to be an expense for the purposes of the University: Provided that no expenditure shall be incurred by the University in excess of the limits of total recurring expenditure and total non-recurring expenditure for the year as may be fixed by the Board of Governors without the previous approval of the Board of Governors: Provided further that the General Fund shall be applied for the objects specified under this sub-section with the prior approval of the Board of Governors of the University.

(1) The University shall also establish a Development Fund to which the following amount may be credited, namely:- (a) development fees which may be charged from students; (b) all sums received from any other source for the purposes of the development of the University; (c) any contributions made by the Sponsoring Body; (d) all contributions or donations made in this behalf by any other person or Body which are not prohibited by any law for the time being in force; and (e) subject to the provisions of sub-section (5) of Section 40, incomes received from the Endowment Fund. (2) The amount credited to the Development Fund, from time to time, shall be utilized for the development of the University. (3) The University shall not raise fund from any source including any financial institutions (banks etc.) by way of mortgaging the land obtained in shape of donation or under concessional cost from the State Government.

The funds established under Sections 40, 41 and 42 shall, subject to general supervision and control of the Board of Governors, be regulated and maintained in such manner as may be prescribed.

(1) The Annual Report of the University shall be prepared and 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 State Government on or before the 31st December following the closure of the financial year on the 31st March each year.

(1) The Annual Accounts and the Balance Sheet of the University shall be prepared under the direction of the Finance Committee and all funds accruing to or received by the University from whatsoever source and all amount disbursed or paid shall be entered in the accounts maintained by the University. (2) The annual account of the University shall be audited every year by a Charted Accountant, who is member of the Institute of Charted Accountant of India. (3) The annual accounts and the Balance Sheets together with the audit report shall be submitted to the Board of Governors, on or before 31st December following closure of the Financial year on the 31st March every year. (4) The annual accounts, the Balance sheet and the audit report shall be placed before the Board of Governors at its meeting for consideration and approval and the Board of Governors, after according its approval, shall forward the same to the State Government on or before 31st December each year. (5) In the event of any observation relating to deficiencies in financial management in the Report of the Charted Accountant, the State Government may issue directions to the University, and such directions shall be binding on the University.

A copy of any receipt, application, notice, order, proceeding or resolution of any authority or Committee of the University or other documents in possession of the University or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein recorded where the original thereof would if produced have been admissible in evidence.

A Committee of three members formed by the State Government shall make annual review of the progress of implementation of the University Plan in infrastructure, personnel and academic matters. In case of any deficiencies, the University shall be intimated in writing for compliance. Such review may be conducted in the first five years of establishment of the University.

(1) If the Sponsoring Body proposes dissolution of the University in accordance with the law governing its constitution or incorporation, it shall give at least three months notice in writing to the State Government along with the reasons for such dissolution in detail. (2) On identification of mismanagement, mal-administration, indiscipline, failure in the accomplishment of the objects of the University and economic hardships in the management systems of the University, the State Government shall, subject to and in accordance with relevant law, if any for the time being in force, issue directions to the Sponsoring Body of the University and if the directions are not followed within such time as may be prescribed, the right to take decision for dissolution of the University shall vest with the State Government. (3) The manner of dissolution of the University shall be such as may be prescribed by the State Government in this behalf. (4) If the State government considers it necessary to suspend the Board of Governors, it shall, by notification published in the official Gazette, order suspension of the Board of Governors and shall make such arrangements in consultation with the Sponsoring Body for the administration of the business of the University till the completion of investigation as it may consider necessary: Provided that no such action shall be initiated without affording a reasonable opportunity to show cause to the Sponsoring Body. (5) On receipt of the notice referred to in sub-section (1), or on a decision to dissolve under sub-section (2), the State Government shall, in consultation with the All India Council for Technical Education, University Grants Commission and other concerned Regulatory Bodies of Central or State Government, make such arrangements for administration of the University from the proposed date of dissolution of the University until the last batch of students in regular courses of studies of the University complete their courses of studies in such manner as may be prescribed.

(1) The expenditure for the administration of the University during the taken over period of its management under Section 48 shall be met out of the Endowment Fund, the General Fund or the Development Fund. (2) If the funds referred to in sub-section (1) are not sufficient to meet the expenditures of the University during the taken over period of its management, such expenditure may be met by disposing of the properties or assets of the University by the State Government.

(1) If any difficulty arises in giving effect to the provisions of this Act., the State Government may, by order, make such provisions, not inconsistent with the provisions of this Act., as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act. (2) Every order made under sub-section (1) shall, as soon as may be, after it is made, be laid before the State Legislature.