The Utkal University of Culture Act, 1999
Chapter VII Chapter VII
Chapter VII Chapter VII
37. Transfer of affiliation of existing institutions
(1) Notwithstanding anything contained in the Orissa Universities Act, 1989, all colleges and institutions imparting education in literary arts, visual and performing arts existing in State and affiliated to other Universities immediately before the dale of commencement of this Act shall be deemed to have been disaffiliated from the respective other Universities and have been affiliated to the University for such period and subject to such terms and conditions, as had been specified in the order of the respective Universities from which they obtained the affiliation: Provided that the University may impose such other terms and conditions' for continuation or further extension of the terms of affiliation, not inconsistent with provisions made in or under this Act, as it may deem fit and the College or Institution shall be bound to comply with such terms and conditions, within Such reasonable time as may be prescribed by the University: Provided further that the University shall have power to alter or withdraw the affiliation deemed to have been granted under this sub-section, if the College or Institution concerned does not comply with the terms and conditions so imposed. (2) For- the purpose of deemed affiliation provided in sub-section (1), the College or institution concerned shall submit a copy of the valid letter of affiliation granted by other Universities concerned to the Registrar of the University within a period of three months from the date of commencement of this Act and the acknowledgement of the receipt of such copy by the University shall be a valid evidence for the purpose of such deemed affiliation: Provided that the Bibhuti Kanungo College of Arts and Crafts, Bhubaneswar the College of Arts and Crafts, Khallikotej the Utkal Sangeet Mahavidyalaya and the Odissi Research Centre, Bhubaneswar shall be deemed to have been affiliated to the University immediately on the commencement of this Act.
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38. Exclusion of jurisdiction of other University
Notwithstanding anything contained in the Orissa Universities Act, 1989 no University in the State other than the University established under this Acts shall grant affiliation to any college or institution, which offers courses or programmes of education, research and training in the field of literary art, visual and performing art, after the date of Commencement of this Act: Provided that nothing in this section, save as otherwise provided in this Act, shall apply to any constituent College, Institution or Department of any other University or of a deemed University within the meaning of section 3 of the University Grants Commissions Act, 1956, which is directly managed, controlled and financed by such Universities.
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39. Special provisions for students
Notwithstanding anything contained in this Act, the statutes or the regulations, every student of the Colleges or Institutions, which have been disaffiliated or transferred from other Universities In accordance with provisions of section 37 who was studying in such Colleges or Institutions and was eligible to be admitted to any examination held or conducted by other Universities, shall be permitted to complete his courses of study 0r be admitted to the examination of the University and the University shall make arrangement: (a) for the instruction, teaching, training and holding examination for such students for such period in such manner as may be deter mined by the Vice-Chancellor in accordance With the courser of studies of other Universities concerned, and (b) for the conferment of the corresponding degree, diploma or other academic distinctions of the University upon the qualified students on the result of such examinations.
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40. 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 accordingly no orders, suit or legal proceedings shall be instituted, against, or damage claimed from the University or its authorities bodies or officers for anything purporting to be done or any order passed in good faith in pursuance of this Act, the Statutes, Regulations and Rules made thereunder.
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41. Question regarding interpretation and dispute regarding constitution of authority or body
(1) If any question arises regarding the interpretation of any provision of this Act or any Statutes or as to whether a person has been duly appointed or nominated or is entitled to be a member of and authority or body of, the University, the matter may be referred to the Chancellor. (2) The Chancellor shall after taking such advice as he may deem necessary decide the question and his decision thereon shall be final.
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42. Power of Inspection of the University
(1) The Government shall have the right to cause inspection, to be made by such person or persons as they may direct, of the University its buildings, libraries museums, workshops and equipments or any institution maintained, affiliated of the to or approved by the University and to cause enquiry to be made in respect of any matter connected with the University. (2) The Government shall) before taking any action under sub-section (1) give notice to the University of their intention to cause such-Inspection or enquiry to be made and the University shall be entitled to be represented thereat. (3) The Government shall communicate to the Board the result of any inspection or inquiry made under sub-section (1) and may, after, ascertaining the opinion of the Board thereon, convey their views to the Vice-Chancellor and to the Board. (4) The Government may, after considering views of the Vie-Chancellor and the Board on the result of any inspection or inquiry made under sub-section (1) advise the University upon the action to be taken in the matter. (5) The Board shall report to the Government the action, if any which is proposed to be taken or has been taken upon the result of any inspection or inquiry made under sub-section (1). (6) A report under sub-section (5) shall be submitted to the Government with the opinion of the Board thereon and within such time as the Government may direct. (7) Where the Board does not, within a reasonable time, take any action referred to in sub-section (4) to the satisfaction of the Government, the Govern ment may after considering any explanation furnished by the Board in the matter issue such directions as they may think fit and the Board shall comply with such directions.
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43. Pension Insurance and provident Fund
With the prior approval of the Government, the University may make appropriate provisions for the benefit of its officers, teachers and other employees under its control in matters of pension, insurance and provident fund and for such other benefits as it may deem fit, in such manner as may be prescribed by the Statutes.
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44. Transitory provisions
Notwithstanding the transfer of colleges or institutions under section 37 of this Act, for a period of six-months from the date of commence men of this Act, or such further period as the Government may by notification specify every person who immediately before the said date of commencement, was a student of any college or institution which has been disaffiliated from any other Universities in accordance with the provisions of this act and affiliated to the University and was eligible t0 be admitted to any examinations held or conducted under the Regulations in force of other Universities concerned: (a) shall be admitted to Such examinations by other University concerned and the result of such examinations shall be sent by the other Universities concerned to the University within a reasonable time, and (b) the corresponding degree, diploma or academic distinction or marksheet shall be issued or conferred upon the qualified students by the University on the basis of result of such examinations conducted by other Universities concerned.
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45. Saving.
(1) On and from the date of commencement of this Act, the provisions of the Orissa Universities Act, 1989 save as otherwise provided, shall cease to apply to and in respect of the Colleges, Institutions or Departments disaffiliated from other Universities and affiliated to the University under the provisions of this Act. (2) Such cessation shall not affect: (a) the previous operation of the said Act, or (b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Act, or (c) any investigation, legal proceeding or remedy in respect of such penalty forfeiture or punishment and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty forfeiture or punishment may be imposed as if this Act has not been enacted.
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