The "Tribhuvan" Sahkari University Act, 2025
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41. Conditions of service of employees, etc.
- (1) Every employee of the University shall be appointed under a written contract, which shall be lodged with the University and a copy of which shall be furnished to the employee concerned.
- (2) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Dispute Resolution Body consisting of one member appointed by the Executive Council, one member nominated by the employee concerned and an independent member from outside the University to be appointed by the Executive Council.
- (3) The decision of the Dispute Resolution Body shall be final and no suit shall lie in any civil court in respect of the matters decided by the Dispute Resolution Body.
- (4) Every request made by the employee under sub-section (2) shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration and Conciliation Act, 1996 (26 of 1996).
- (5) The procedure for regulating the work of the Dispute Resolution Body shall be such as may be provided by the Ordinances.
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42. Right to appeal.
- (1) Any person including an employee or a student of the University Aggrieved by the decision or order of the Academic and Research Council, the Capacity Building Council, the Assessment and Improvement Council, the Research and Development Council, the Board for Affiliation and Recognition and the Board of Co-operative Studies may file an appeal to the Executive Council.
- (2) The form, manner and the procedure for filing and disposing of appeal referred to in subsection (1) shall be such as may be provided by the Ordinances.
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43. Provident and pension funds.
- (1) The University shall constitute for benefit of its employees such provident fund or any other similar fund or provide such insurance schemes, as it may deem fit, in such manner and subject to such conditions, as may be provided by the Ordinances.
- (2) Where such provident fund or other similar fund has been so constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925) shall apply to such fund, as if it were a Government provident fund.
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44. Returns and information.
The University shall furnish to the Central Government such returns or other information with respect to its property or activities, within such period, as may be determined by the Central Government from time to time.
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45. Acts and proceedings not invalidated by vacancies.
No act or proceedings of any authority or other body of the University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.
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46. University and Institute of Rural Management Anand School to be public authority under Right to Information Act.
The provisions of the Right to Information Act, 2005 (20 of 2005) shall apply to the University and the Institute of Rural Management Anand School, as if it were a public authority defined in clause (h) of section 2 of that Act.
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47. Protection of action taken in good faith.
No suit, prosecution or other legal proceedings shall lie against any officer or other employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or the Ordinances made thereunder.
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48. Act to have overriding effect.
Save as otherwise provided, the provisions of this Act shall be in addition to and not in derogation of the University Grants Commission Act, 1956 (3 of 1956) and any other law for the time being in force.
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49. Mode of proof of University record.
Notwithstanding anything contained in the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) or in any other law for the time being in force, a copy of any receipt, application, notice, order, proceeding or resolution of any authority or other body of the University, or any other document 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 transactions therein where the original thereof would, if produced, have been admissible in evidence.
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50. Statutes to be laid before Parliament.
- (1) Every Statute made under this Act shall be published in the Official Gazette.
- (2) Every Statute made under this Act, shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute or both Houses agree that the Statute should not be made, the Statute 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 under that Statute.
- (3) The power to make Statutes shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this Act, to the Statutes but no retrospective effect shall be given to any Statutes so as to prejudicially affect the interests of any person to whom such Statutes may be applicable.
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51. Residuary provision.
- (1) The Central Government shall have the authority to deal with any matter pertaining to the University and the Institute of Rural Management Anand School and not specifically dealt with in this Act.
- (2) The decision of the Central Government on all such matters shall be final.
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52. Power to remove difficulties.
- (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the date of commencement of this Act.
- (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
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53. Transitional provisions.
Notwithstanding anything contained in this Act and the Statutes made thereunder,---
- (a) the Board of Governors and other committees functioning in Institute of Rural Management Anand shall continue to function till such time the authorities or committees are constituted in the University under the provisions of this Act;
- (b) the existing officers of Institute of Rural Management Anand shall continue to function till such time, the officers of the University are appointed under the provisions of this Act; and
- (c) till the First Statutes and Ordinances are made, any matter not specifically dealt within this Act shall be governed by rules and regulations of Institute of Rural Management Anand.
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