Sukhadia University, as reconstituted by or under the Mohanlal Sukhadia University (Amendment) Act 1987.

REMOVAL OF DIFFICULTIES

1. (1) The State Government may for the purpose of removing any difficulties, particularly in relation to the reconstitution of the Mohanlal Sukhadia University by or under the provisions of the Mohanlal Sukhadia University (Amendment) Act 1987 here-after this section referred to as the Amending Act, in the area and in matters covered by this Act, by order published in the official Gazette;
   • (a) 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, and consistent with the Amending Act, as it may deem fit to be necessary or expedient, or
   • (b) 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 the Amending Act,
   • (c) 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 the Amending Act.
2. (2) All orders made under sub-section (1) 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 modifications in any of such orders or resolves that may order should not be made, such order shall thereafter have effect only in such modified form or be of no affect, 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. (3) If any question arises regarding the interpretation of any provisions of the Mohanlal Sukhadia University Act, 1962 or the Amending Act or if any Statutes, or regulations made or deemed to have been 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 in the Vice-Chancellor and any then members of the Board so require. The Chancellor shall after taking such advice as he deems necessary decide the question and his decision shall be final. THE RAJASTHAN UNIVERSITIES’ TEACHERS AND OFFICE (Selection for Appointment) Act, 1984 AN ACT To amend the Rajasthan Universities’ Teachers and Officers (Special Conditions of Service) Act, 1974 (Act No. 18 of 1974) 1. SHORT TITLE AND COMMENCEMENT This Act be cited as Rajasthan Universities’ Teachers officers (Selection for appointment) (Amendment) Act, 1984. 2. DEFINITIONS In this Act, unless the subject or context otherwise requires:
   • (i) “ex-cadre post” means post of Professor or a Reader created by the state Government under Section 11 outside the regular cadre of teachers in any University in Rajasthan by upgrading the post of a reader or of a Lecture in any faculty of any such University for the purpose of filling it up by personal promotion made in accordance with and under this Act:
   • (ii) “faculty concerned” means the faculty of the University concerned in which:
   • (a) a vacancy in the post of a teachers is to be filled up by selection, or
   • (b) an ex-cadre post of a Reader or of a Professor is to filled up by personal promotion of a Lecturer or a Reader, to be made in accordance with and under this Act;
     • (iii) “Head of Department concerned” means the Head of Department of a subject taught in the faculty concerned and includes any person who for the time being performs the functions of Head of Department in the University concerned in accordance with the relevant law;
     • (iv) “Officer” means the Registrar, the Deputy Registrar, the Assistant Registrar, the Librarian of a University and includes any other officer by whatever name designated and declared by the statutes to be an officer of that University;
     • (v) “Rules” means rules made by the syndicate under this Act;
     • (vi) “Relevant Law” means an enactment or the Rajasthan State Legislature establishment a University in Rajasthan and it includes the Statutes, ordinance, by laws, rules, notifications or orders made thereunder and as amendment from time to time;
     • (vii) “Schedule” means a schedule to this Act;
     • (viii) “Syndicate” in relation to a University means the Syndicate and where there is no Syndicate, the Board of Management or such other body, by whatever name called, of the University constituted by the relevant law;
     • (ix) “Teacher” means a Professor, a Reader or a Lecturer of any faculty of a University and such other person by whatever name designated by or under the relevant law, imparting instruction or conducting and guiding or extension programmes in a University;
     • (x) “University” means a University establishment in Rajasthan by an Act of the State Legislature.
     • (xi) “University concerned” means the University in which a vacancy in the post of teacher or an officer is to be filled up under and in accordance with the provisions of this Act; and
     • (xii) “Vice-Chancellor” means the Vice-Chancellor of the University concerned, and includes any person who for the time being is carrying on the functions of the office of the Vice-Chancellor of the University concerned according to the relevant law.
4. (2) All other expressions used but not defined in this Act shall have the meaning respectively assigned to them under the relevant law. 3. RESTRICTIONS ON APPOINTMENT OF TEACHERS AND OFFICERS
5. (1) Notwithstanding anything contained in the relevant law as from the commencement of this Act no teacher and no officer in any University in Rajasthan shall be appointed except on the recommendations of the selection committee constituted under section 5.
6. (2) Every appointment of a teacher or of an officer in any university made in contravention of sub-section (1) shall be null and void: Provided that the University may, with prior permission of the State Government; extend the term of appointment of such adhoc or urgent temporary teachers who were appointed as stop-gap arrangement prior

to, and working as such immediately before, the commencement of the

Rajasthan Universities’ Teachers and Officers (selection for appointment) (Amendment) Act, 2003 (Act No.7 of 2003), for a period of six months at a time until regular appointments are made in accordance with sub-section (1)”;

1. (3) Deleted
2. (4) Explanation : The expression ‘appointed’ in sub-section (1) shall mean appointed initially and not appointed by way of promotion. 4. APPOINTMENT OF OFFICERS ON DEPUTATION
3. (1) Notwithstanding anything to the contrary contained in this Act or the relevant law, if the Vice-Chancellor of the University concerned is of the opinion that-
   • (a) Efficient and proper management of the administrative affairs of the University so requires; or
   • (b) For any good reason, the University is not able easily to fill up a vacancy of the post of Registrar in the University in accordance with the provisions contained and the procedure provided elsewhere in this Act and the relevant law,
   • (c) Deleted he may make a request in writing to the State Government to place the services of an officer of the State Government having administrative experience in the affairs of the State of at least five years, at the disposal of that University for appointing him to the post of the Registrar of the University for a period not exceeding three years in the first instance and the State Government may, after considering such a request, place the service of such officer of the State Government at the disposal of the University for such appointment and thereupon the authority competent in the Registrar, shall appoint such officer of the State Government as Registrar of that University for a period not exceeding the period as aforesaid.
4. (2) An appointment of an officer of the State Government as Registrar of any University shall for all purposes be valid and shall not be liable to be questioned on the ground that the appointment has been made in contravention of any other provision of this Act or of the relevant law whether such contravention relates to qualifications or experience laid down about eligibility to the post of Registrar in that University or to the procedure provided for selecting or appointing a person to such post in this Act or in such law or both.
5. (3) If a request in writing of the nature referred to in sub-section (1) is made by the Vice-Chancellor of the University concerned, the term of deputation of the officer of the State Government appointed as Registrar of the University under the said sub-section may be agreed to by the State Government to be extended for a further period not exceeding one year.
6. (4) Notwithstanding anything to the contrary contained in the relevant law or elsewhere in this Act-
   • (a) the Finance Office (by whatever name designated in a University) to be appointed as such in the University concerned shall and
   • (b) as Engineer, a Security Officer, an Officer on Special Duty, and Estate Office or such other officer or officers (by whatever name designated in a University) as may be specified in the rules may, be an officer of the State Government sent on deputation for that purpose to such University. 5. CONSTITUTION OF SELECTION COMMITTEES
7. (1) For every selection of a teacher or of an officer in a University, there shall be constituted a committee consisting of the following;
   • (i) Vice-Chancellor of the University concerned who shall be the chairman of the committee;
   • (ii) an eminent educationist to be nominated by the Chancellor for a period of one year;
   • (iii) an eminent educationist to be nominated by the State Government for a period of one year;
   • (iv) One member of the Syndicate to be nominated by the State Government for a period of one year; and
   • (v) Such other persons as members specified in column 2 of the schedule for the selection of the teachers and the officers mentioned in column 1 thereof. Provided that where the appointment of a teacher is to be made in the faculty of agriculture in any University or in any University college imparting instruction or guiding research in agriculture there shall be one more expert to be nominated by the Syndicated out of a panel of names recommended by the Indian Council of Agriculture Research; Provided further that the selection committee for teaching posts in the faculty of engineering and technology shall also include an expert to be nominated by the All India Council of Technical Education.
8. (2) The eminent educationist nominated under clause (ii) and clause (iii) of sub-section (1) and the member of the Syndicate nominated under clause
   • (iv) of the said sub-section shall be members of every selection committee constituted during the course of one year from the date of his nomination; Provided that the members for a selection committee nominated under clause
   • (ii) (iii) or (iv) of sub-section (1) shall continue to be the member of every selection committee even after the expiry of his term until a fresh nomination is made by the Chancellor, or as he case may be, by the State Government subject, however, that fresh nomination of such member for selection committee shall be made within a period not exceeding three months from date of expiry of his term.
9. (3) No person shall be eligible to be nominated as expert on any selection committee in any one year if he has been a member of any two selection committees during the same year. 6. PROCEDURE OF SELECTION COMMITTEE
10. (1) The quorum required for the meeting of a selection committee constituted under section 4 shall not be less than five out of which at least two shall be the experts, if the selection to be made is for the posts of a Professor or Reader and at least one shall be expert if the selection is to be made for the post of a Lecturer or any other post of a teacher equivalent thereto. The quorum required for the meeting of a Selection Committee for selection of non-teaching posts shall be not less then one half of the number of the members of the selection committee, out of which at least one shall be an expert.
11. (2) The selection committee shall make its recommendations to the Syndicate. If the Syndicate disapproves the recommendations of the selection committee the Vice-Chancellor of the University concerned shall submit such recommendations along with reasons for disapproval given by the Syndicate to the Chancellor for his considerations and the decision of the Chancellor thereon shall be final.
12. (3) Every selection committee shall be bound by the qualifications laid down in the relevant law of the University concerned for the post of a teacher or, as the case may be of an officer.
13. (4) The selection committee, while making its recommendations to the Syndicate under sub-section (2), shall prepare a list of candidates selected by it in order of merit and shall further prepare a reserve list in the same order and to the extent of 50% of the vacancies in the posts of teachers of officers for which the selection committee was constituted under sub-section (1) of Section 5 and shall forward the main list and the reserve list along with its recommendations to the Syndicate. 7. DIS-QUALIFICATION FOR SITTING AS MEMBER IN SELECTION COMMITTEES A person shall be disqualified from sitting as a member of any selection committee and from taking part in any selection under this Act if he is personally interested in a candidate seeking selection to the post of a teacher or an officer in any University. 8. VACANCY OR DEFECT NOT TO INVALIDATE SELECTIONS Subject to the provisions as to the requirement of quorum, no act, proceeding or selection made by a selection committee shall be questioned on the ground of the existence of any vacancy or defect in the nomination of a member of such committee. 9. TRANSFER OF OFFICERS
14. (1) The Chancellor may for administrative reasons, transfer an officer of a University to any other University.
15. (2) Such officer upon his transfer shall carry with him to the University to which he is transferred such, other conditions of services as may be specified in the order of transfer. 10. RESERVATION OF POSTS Not with standing anything contained in the relevant law, as from the date of commencement of the Rajasthan Universities’ Teachers and Officers (Special

Conditions of Service) (Amendment) Act, 1984, there shall be reserved by the

University concerned, 16% posts for scheduled castes and 12% posts of scheduled tribes candidates for appointment to the posts of teachers and officers to be appointed in the University in pursuance of every selection made under this Act; Provided that if, in any selection, persons belonging to such castes or such tribes ate not appointed in such percentage as is provided for in this section, whether by reason of their not having applied for selection or by reason of their not having been selected, the number of posts by which such percentage falls short shall be carried forward up to a maximum period of three years.

11. Transitional provisions relating to ex-cadre promotion scheme- Personal

promotion granted against ex-cadre posts under the erstwhile scheme of personal promotion, shall be entirely personal to the teacher concerned and the ex-cadre post to which such personal promotion was granted shall cease to exist as soon as the teacher promoted to such a post ceases to hold that post

permanently for any reason whatsoever ,and on his ceasing to hold such ex-cadre post, the original post from which such personal promotion was made of a teacher shall revive. 12. ACT TO HAVE OVER-RIDING EFFECT

1. (1) The provisions of this Act shall have effect notwithstanding anything contained in the relevant law.
2. (2) So much of the relevant law as provides for the matters covered by this act shall, as from the commencement of this Act, cease to have effect as respects to those matters. 13. POWER TO MAKE RULES The Syndicate of the University concerned may make rules for carrying out of the provisions of this Act. 14. REPEAL AND SAVINGS The Rajasthan Universities’ Teachers and Officers (Special Conditions of Service) (Amendment) Ordinance, 1976 (Ordinance No. 4 of 1976) is hereby repealed
3. (2) Notwithstanding such repeal, anything done or any action taken/under the Principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the Principal Act as amendment by this Act.

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