Chapter IV Authorities of the University

In this Act, unless the subject of context otherwise requires,- (i) “Academic Council” means the Academic Council of the University as constituted under section 24; (ii) “affiliated college” means a college or institution which has been granted affiliation by the University; (iii) “AICTE” means All India Council for Technical Education, established under All India Council for Technical Education Act, 1987 (Central Act No. 52 of 1987); (iv) “authorities” means the authorities of the University as specified by or under this Act; (v) “Board” means the Board of Management of the University as constituted under section 22; (vi) “bodies” means the bodies of the University formed by the respective authorities; (vii) “collaboration” means collaborative academic activity of the University with other universities, academic institutions (local, regional, national or international), research institutions and organizations (research, agriculture, industry, trade and commerce); (viii) “constituent college” means a college or an institution which imparts technical education and is run and maintained by the University and includes a Faculty of the University; (ix) “Dean” means head of a Faculty of the University; (x) “Department” means a Department established, maintained and managed by the University; (xi) “Director” means a head of an institution including a centre, of a school or the University as designated by the Board of Management; (xii) “Faculty” means a Faculty of the University; (xiii) “Government aided technical institution” means technical institution receiving grant-in-aid from the State Government; (xiv) “Institutions” means Government aided technical institutions and private unaided technical institutions; (xv) “Management” means the trustees or the managing or governing body, by whatever name called, of any trust registered under the Rajasthan Public Trusts Act, 1959 (Act No. 42 of 1959) or any society registered under the Rajasthan Societies Registration Act. 1958 (Act No 28 of 1958) under the management of which one or more colleges or recognized institutions or other institutions are conducted and admitted of the privileges of the University; (xvi) “Ordinances” means Ordinances of the University made under the Act; (xvii) “Principal” means the Chief Executive Officer of a college, a Government aided technical institution or a private unaided technical institution; (xviii) “Private un-aided technical institution” means an institution set up by a private management with the prior approval of AICTE to conduct degree or diploma level courses of technical education and not receiving grant-in- aid from the State Government; (xix) “Regulation” means Regulations of the University made under this Act; (xx) “Statutes” means Statutes of the university made under this Act; (xxi) “teacher” means a person appointed or recognized by the University for the purpose of imparting instruction or conducting and guiding research and includes a person who may be declared by Statutes to be a teacher; (xxii) “technical education” means programmes of education, research and training in Engineering Technology, Architecture, Management, Town Planning, Computer applications and Applied Arts & Crafts and such other programmes as the AICTE may by notification in the Official Gazette, declare; (xxiii) “technical institutions” means institutions conducting programmes in the field of technical education; (xxiv) “University” means the Rajasthan Technical University established under this Act; (xxv) “University Department” means a Department established and maintained by the University; (xxvi) “University teacher” means a teacher appointed by the University. The following shall be the authorities of the University, namely:- (i) The Board of Management; (ii) The Academic Council; (iii) The Finance Committee; (iv) The Examination Committee; (v) The Faculties; (vi) Boards of Studies; (vii) Such other authorities as may be declared by the Statues to be the authorities of the University.

(1) The Board shall be the highest executive body of the University and shall consist of the following as members, namely:- (a) Chairman:- The Vice-Chancellor of the University. (b) Ex-officio Members:- (i) The Secretary to the Government, Finance Department; (ii) The Secretary to the Government, Technical Education Department; (iii) The Director of Technical Education, Government of Rajasthan; (iv) The Registrar of the University, Secretary. Explanation.- Ex-officio members mentioned at (i) to (ii) shall include their respective nominees who shall not be below the rank of Deputy Secretary to the Government of Rajasthan. (c) Nominated Members:- (i) two persons nominated by the Vice-Chancellor form amongst the Deans for one year; (ii) two University Professors nominated by the Vice- Chancellor for one year; (iii) two eminent educationists to be nominated by the Chancellor for three years; (iv) two Principals of affiliated colleges, one from the Government Colleges and another form Private Colleges, to be nominated by the State Government form one year; (v) two members of State Legislature to be nominated by the Speaker for three years; and (vi) two eminent educationists, to be nominated by the State Government for three years. (d) Elected Members;- Two teachers of the University or its constituent colleges, if any, who have put in not less than seven years teaching experience in any institution of higher technical education in Rajasthan on 1st January immediately preceding the year in which elections are held, other than University Professors, Deans, Directors of the constituent colleges, to be elected by the teachers of the University and its constituent colleges form amongst themselves for three years. (2) One third of members of the Board shall constitute the quorum for a meeting. (3) The Chairman of the Board shall perform such functions and exercise such powers as are provided in this Act or as may be prescribed by the statutes. (4) The members shall serve without any additional pay but shall be entitled to daily allowance and travelling expenses as may be prescribed by the Statutes. (5) The minutes of meetings of the Board shall be recorded and maintained by the Secretary of the Board.

Subject to other provisions of this Act, the duties and functions of the Board shall be as follows:- (a) to approve and sanction the budget of the University; (b) to acquire, to dispose of, to hold and to control the property and funds of the University and issue any general or special direction on behalf of the University; (c) to accept the transfer of any movable or immovable property on behalf of the University; (d) to administer any funds placed at the disposal of the University for the specific purposes; (e) to invest money belonging to the University; (f) to appoint the members of the academic, administrative and other staff of the University in such manner as may be prescribed by the Statutes; (g) to direct the form and use of the common seal of the University; (h) to appoint such committees, either standing or temporary, as it deems necessary for its proper functioning; (i) to borrow money for capital improvements and make suitable arrangements for its repayment; (j) to meet at such times and as often as it deems necessary, provided however, that the regular meeting of the Board shall be held at least once in every three months; (k) to make Statutes, Ordinances and Regulations in the manner specified in this Act for smooth functioning of the University, and (l) to regulate and determine all matters concerning the University in accordance with this Act and the Statues and to exercise such powers and to discharge such duties as may be conferred or imposed on it by this Act and the Statutes.

(1) There shall be an Academic Council of the University, consisting of the following as members, namely:- (i) the Vice-Chancellor-ex-officio Chairman; (ii) Deans of Faculties; (iii) One Professor from each Faculty to be nominated by the Vice-Chancellor; (iv) one Principal/Director of a constituent college to be nominated by the Vice-Chancellor; (v) Secretary to the Government, Technical Education Department; (vi) Director, Technical Education; (vii) Chairmen, Boards of Studies; (viii) two Principals of affiliated Colleges, one from Government Colleges and another from Private Colleges, to be nominated by the State Government; (ix) two persons having special attainment in the field of the studies not being employees of the university, one to be nominated by the Chancellor and the other by the State Government; (x) one teacher other than the Professors, from a constituent college or University Department having a minimum ten years experience in teaching degree or postgraduate classes to be nominated by the Vice-Chancellor;

(1) The Finance Committee shall consist of- (i) the Vice-Chancellor- Chairman; (ii) the Secretary to the Government, Technical Education Department; (iii) the Secretary to the Government, Finance Department; (iv) the Pro-Vice-Chancellor, if any; (v) the Registrar of the University; (vi) the Controller of Examinations; (vii) the Finance Officer, who shall also be the Secretary of the Committee. (2) A member referred to clause (ii) or clause (iii) of sub-section (1) may, instead of attending any meeting of the finance Committee himself, nominate an officer not below the rank of a Deputy Secretary to the Government, to act on his behalf. (3) The Finance Committee shall advise the Board on matters relating to the administration of property and funds of the University. It shall, having regard to the income and resource of the University, fix limits for the total recurring and non-recurring expenditure for the ensuing financial year and may, for any special reasons, revise during the financial year the limits of expenditure so fixed and the limits fixed shall be binding on the Board. (4) The Finance Committee shall have such other powers and duties as may be conferred or imposed on it by this ACT or the Statutes;

(1) There shall be such Faculties in the University as may be prescribed by the Statues. (2) Each Faculty shall consist of the following:- (i) Dean of the Faculty - Chairman; (ii) University Professors of the subjects assigned to the Faculty; (iii) Chairmen of the Boards of Studies in the Faculty; (iv) one post-graduate College Principal and one Post-graduate Department Head in each subject of the Faculty from affiliated colleges, nominated by the State Government; (v) two external experts nominated by the Academic Council. (3) Faculty shall perform such functions as may b prescribed by the Statutes.

(1) There shall be an Examination Committee in the University, the constitution of which shall be as may be provided for in the Ordinances. (2) The Committee shall supervise generally all the examinations of the University, including moderation and tabulation, and perform the following other functions, namely:- (i) to appoint examiners and moderators and, if necessary, to remove them; (ii) to review from time to time the result of the University examinations and submission of report thereon to the Academic Council; (iii)to make recommendations to the Academic council for the improvement of the examination system; (iv) to scrutinize the list of examiners proposed by the Board of Studies, finalize the same and declare the results of the University. (3) The Examination Committee may appoint such number of sub-committees as it thinks fit, and in particular may delegate to anyone or more persons or sub-committees the power to deal with and decide cases relating to the use of unfair means by the examinees. (4) Notwithstanding anything contained in this Act, it shall be lawful for an Examinations Committee or, as the case may be, for a sub-committee or any person to whom the Examinations Committee has delegated its power in this behalf under sub-section (3) to debar an examinee form future examinations of the University, if in its or his opinion, such examinees is guilty of using unfair means at any such examination.

(1) All teaching recognized by the University shall be conducted in the University Department or in collaged or institutions. (2) The authorities responsible for organizing such teaching shall be such as may be prescribed by the Ordinances. (3) The courses of study and curricula shall be such as may be prescribed by Ordinances and, subject thereto, by the Regulations.

(1) All casual vacancies among the members (other than ex-officio members) of any Authority of body of the University shall be filled as soon as possible by appointment, nomination or election according as the member whose place become vacant was appointed, nominated or elected and the person appointed nominated or elected to a casual vacancy shall be a member of such authority or body for the residuary period of the term for which the person whose place he fills would have continued but for the vacancy. (2) A person who holds any office in the University by virtue of his holding any other office of the University or otherwise shall hold such office as long as he holds the other office and thereafter till his successor is duly nominated, appointed or elected. (3) The Board may remove any person not being an officer of the University form membership of any authority or body or any employee of the University on the ground that such person or employee has been convicted of an offence involving moral turpitude or for taking part in subversive activities or for indulging in any act or acts unbecoming the prestige of the University. Provided that no such person or employee shall be removed under this sub-section unless he has been afforded a reasonable opportunity by the Board, to show cause as to why he should not be so removed and such cause has been considered; Provided further that prior approval of the State Government will be necessary for taking such action against a member of any authority or body of the University, nominated by the State Government. (4) If any question arises regarding any person who has been appointed, nominated or elected, as or is entitled to be, a member of any authority of the University subordinate to the Board or regarding any decision of the Board under this Act and the Statutes, the matter shall be referred to the Chancellor for his decision, and the decision of the Chancellor thereon shall be final.

No act or proceeding of an authority or body of the University shall be invalidated by reason of the existence of a vacancy among its members or by reason of some person having taken part in the proceedings who is subsequently found not to have been entitled to do so.

Subject to any provision in the Statutes to the contrary or any directions or policy of the State Government in this regard all the employees of the University shall ordinarily retire from service upon attaining the age of sixty years.

(1) For the benefit of its officers, teachers, clerical staff and other employees, the University shall constitute, in such manner and subject to such conditions as may be prescribed in the Statutes, such pension, gratuity, insurance and provident fund as it may deem fit. (2) Provision shall be made in Statutes to ensure that staff members transferred from employment in the service of the State shall have their accrued service benefits protected upon such transfer.

(1) Save as otherwise provided in this Act, the appointment of teachers and officers of the University shall be made in accordance with the provisions of the Rajasthan Universities’ Teachers and Officers (Selection for Appointment) Act, 1974 (Act No. 18 of 1974). (2) Except in cases provided for by the Statutes, teachers and officers of the University shall be appointed under a written contract. The contract shall be furnished to the teacher or officer concerned. The contract shall not be inconsistent with the provisions of this Act and the Statutes for the time being in force in relation to the conditions of service.

(1) The University shall establish, maintain and administer a fund to be called the University Fund. (2) The following moneys shall from part of, and be paid into the University Fund, namely:- (i) any contribution or grant by the State Government; (ii) income arising to the University from all sources including income from fees and charges; (iii) trusts, bequests, donations, endowments and other grants, if any; (iv) such other moneys as may be prescribed by the Statutes. (3) The matters to which the University Fund may be applied and appropriated shall be those prescribed by this Act or the Statues. (4) All expenses incurred under and in pursuance of any provision contained in this Act shall be met out of the University Fund. (5) The University shall have power to borrow, on the security of the University properties and with the concurrence of the State Government, money for the purposes of the University.

Where the State Government funds are involved, the University shall abide by the terms and conditions attached to the sanction of such funds which may inter alia include prior permission of the State Government in respect of the following, namely;- (i) creating of the new posts of teachers, officers or other employees; (ii) revision of the pay, allowances, post- retirement benefits and other benefits to its teachers, officers and other employees; (iii) grant of any additional or special pay, allowance or other extra remuneration of any description whatsoever, including ex-gratia payment or other benefits having financial implications, to any of its teachers, officers or other employees; (iv) diversion of any earmarked funds other than the purpose for which it was received;

(v) transfer by sale, lease, mortgage or otherwise of immovable property; (vi) incur expenditure on any development work form the funds received form the State Government for any purposes other than for which the funds are received; (vii) taking for any decision regarding affiliated colleges resulting in increase of financial liability, direct or indirect, on the State Government. Explanation- The above conditions shall also apply in respect of the posts created from any other fund, which may in long term likely to cause financial implications to the State Government. 36. Assumption of financial control by the State Government as emergency measure.- (1) The State Government shall have the right to cause an inquiry to be made, by such person or persons as it may direct, and to issue directions to the University, in respect of any matter connected with the finances of the University, where State Government funds are concerned. (2) If the State government is satisfied that owing to mal-administration or financial mismanagement in the University a situation has arisen whereby financial stability of the University has become insecure, it may, by a notification, declare that the finances of the University shall be subject to the control of the State Government and shall issue such other directions as it may deem fit for the purpose and the same shall be binding on the University.

Subject to the provisions of this Act, the Statutes may provide for any matter and shall in particular provide for the following:- (i) the constitution powers and duties of the authorities of the University; (ii) the appointment, nomination or election and continuance in office of the members of the authorities of the University and all other matters relating to these authorities for which it may be necessary or desirable to provide; (iii) the designation, manner of appointment, powers, duties and service conditions of the officers of University. (iv) the classification and manner of appointment of teachers and their service conditions and qualifications. (v) the constitution of pension, gratuity, insurance and provident funds for the benefit of officers, teachers and other employees of the University. (vi) the conferment of honorary degrees; (vi) the establishment, amalgamation sub-division and abolition of Departments; (viii) the establishment and abolition of hostels maintained by the University. (ix) the moneys to form part of and to be paid into the University Fund and the matters to which the Fund may be applied and appropriated. (x) the number and emoluments of teachers of the University and the preparation and maintenance of a record of their services and activities; (xi) the remuneration and allowances, including travelling and daily allowances to be paid to persons employed in the business of the University; and (xii) all other matters which by this Act are required to be or may be provided for or prescribed otherwise than by the Ordinances or the Regulations.

(1) The Statues may be made, amended or repealed by the Board in the manner hereinafter provided. (2) The Board may take into consideration the draft of a Statute entire at its own motion or on a proposal by any authority of the University. (3) The Board, 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. (4) Every Statute passed by the Board shall be submitted to the Chancellor who may give or withhold his assent thereto or send it back to the Board for reconsideration. (5) No Statutes passed by the Board shall be valid or shall come into force until they are 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 State Government, may, direct the University to make provisions in the Statues in respect of any matter specified by him and if the Board fails to implement such a direction within sixty days of its receipt, the Chancellor may, after considering the reasons, if any, communicated by the Board for its inability to comply with such direction, make or amend the Statues suitably.

Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:- (i) The courses of study, admission or enrolment of students, fee, qualification or conditions requisite for any degree, diploma, certificate or fellowship; (ii) the conduct of examinations including the appointments of examiners and their terms and conditions; (iii) the conditions for residing in any hostel or other place of residence run or maintained by the University, the levying of charges therefore and other related matters; (iv) the recognition and supervision of hostels not run or maintained by the University; (v) any other matter required by this Act or the Statutes to be dealt by or under the Ordinances of the University.

(1) The Board may make, amend or repeal Ordinances in the manner hereinafter provided. (2) No Ordinances concerning the academic matters shall be made by the Board unless a draft thereof has been proposed by the Academic Council. (3) The Board 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 Board may suggest. (4)All Ordinances made by the Board 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 Board within four weeks of the receipt of the Ordinance to suspend its operation, and he shall, as soon as possible, inform the Board of his objection to it. He may, after receiving the comments of the Board, either withdraw the order suspending the Ordinance or disallow the ordinance and his decision shall be final

(1) Every authority of the University may make regulations consistent with this Act and the Statutes and Ordinances – (i) laying down the procedure to be observed at their meetings and the number of members required to form a quorum; (ii) providing for all matters which by this Act and the Statutes or Ordinances are to be provided for by that authority by the Regulations; and (iii) providing for any other solely concerning such authority and not provided for by this Act the Statutes or Ordinances. (2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be transacted thereat and for the keeping of a record of the proceedings of meetings. (3) The Board may direct amendment, in such manner as it may specify, of any Regulations made under this section or the annulment thereof by any authority of the University.

The students shall reside in accommodation provided by the University or approved by the Vice-Chancellor subject to the conditions prescribed by the Ordinances.

The Board may by Statutes delegate to any officer or authority any of the powers conferred upon it by this Act, to be exercised subject to such restrictions and conditions as may be prescribed in the Statutes.

The annual report of the University shall be prepared under the direction of the Vice-Chancellor and circulated among the members of the Board one month before the annual meeting of the Board at which it is to be considered. The annual report, as approved by the Board, shall be sent to the Government for being laid on the table of the House of the State Legislature.

(1) The annual accounts and balance sheet of the University shall be prepared by the Finance Officer under the direction of the by the University from whatever source and all amount disbursed or paid shall be entered in the accounts. (2) The Finance Officer shall, before such date as may be prescribed by the Statutes, prepare the budget of the University for the ensuing year. (3) The annual accounts and the annual financial estimates prepared by the Finance Officer shall be placed before the Board together with the remarks of the Finance Committee for approval and the Board may pass resolution with reference thereto and communicate the same to the Finance Officer who shall take action in accordance therewith. (4) The annual accounts shall be audited in the prescribed manner by such auditors as the State Government may direct and the cost of such audit shall be a charge on the University fund. (5) The accounts when audited shall be printed and copies thereof, together with the audit report, shall be submitted by the Vice-Chancellor to the Board which shall forward them to the State Government with such comments as may be deemed necessary.

(1) At any time after the commencement of this Act and until such time as the authorities of the University are duly constituted, any officer of the University may be appointed by the Vice-Chancellor with the prior approval of the Chancellor to carry on the duties of any such authority. (2) The Vice-Chancellor may make temporary appointments, subject to the approval of the Board at its next meeting, following the making of such appointments.

Where any provision of this Act or of the Statutes, Ordinances or Regulations refer to an officer of the State Government by designation, then, if that designation is altered or that office ceases to exists the reference shall be construed as a reference to the altered designation, or as the case may be, to such corresponding officer as the State Government may direct.

The Board shall have the authority to deal with any matter pertaining to the University and not specially dealt with in this Act. The decision of the Board on all such matters shall, subject to revision by the Chancellor, be final.

(1) The State Government may, for the purpose of removing any difficulties, in the areas and in the matters covered by this Act, by order published in the Official Gazette, - (i) direct that this Act shall during such period, as may be specified in the order take effect subject to such adaptations whether by way of modification, addition or omission consistent with this Act as it may deem fit to be necessary or expedient, or (ii) give such directions as appear to it to be necessary for the removal of such difficulties that may arise in giving effect to the provisions of this Act. (iii) make such other temporary provisions for the purpose of removing any such difficulties as it may deem fit to be necessary or expedient: Provided that no such order shall be made after twelve months from the date of the commencement of this Act. (2) All orders made under sub-section (l) shall be laid before the House of the State Legislature for fourteen days which may be comprised in one session· or in two successive sessions and if before the expiry of the session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any of such orders or resolves that any such order should not be made, such order shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done there under. (3) If any question arises regarding the interpretation of any provisions of this Act or any Statutes or Ordinances or Regulations made under this Act, or as to whether any person has been duly appointed as or is entitled to be a member of any authority or other body of the University, the matter may be referred to the Chancellor and shall be so referred if the Vice- Chancellor and any ten members of the Board so require. The Chancellor shall, after taking such advice from the State Government as he deems necessary, decide the question and his decision shall be final.

(1) The Rajasthan Technical University (Amendment) Ordinance, 2013 (Ordinance No. 14 of 2013) is hereby repealed. (2) Notwithstanding such repeal, all things done, actions taken or orders made under the principal Act as amended by the said Ordinance shall be deemed to have been done, taken or made under the principal Act as amended by this Act.