The Ras Bihari Bose Subharti University Act, 2016

(1) The Pro-Vice-Chancellor shall be appointed by the Vice-Chancellor for a period of one year at a time as prescribed and shall exercise such powers and performs such functions as may be prescribed. (2) The Pro-Vice Chancellor appointed under sub-section (1) shall discharge his duties in addition to his duties as a professor. (3) The Pro-Vice Chancellor shall assist the Vice-Chancellor in discharging day to day duties as and when required by the Vice-Chancellor.

Principal or Head of Institution shall be appointed in such manner and shall exercise such powers and perform such functions as may be prescribed. They will be responsible for maintaining the discipline in the University and the overall achievements of the objects of the Institution/College.

(1) The Registrar shall be appointed in such manner as may be prescribed. (2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University and shall exercise such other powers and perform such other function as may be prescribed. (3) The Registrar shall be the ex-officio Secretary of the Executive Council and the Academic Council.

Every Dean shall be appointed in such manner and shall exercise such powers and perform such functions as may be prescribed.

(1) The Finance Officer shall be appointed in such manner and shall exercise such powers and perform such functions as may be prescribed. (2) The Finance Officer shall be the ex-officio Secretary of Finance Committee.

The manner of appointment and powers and duties of the other officers of the University shall be such as may be prescribed. :

The following shall be the authorities of the University:- (a) Court; (b) Executive Council; (c) Academic Council; (d) Finance Committee; (e) Planning Board; (f) Boards of Faculties; (g) Admissions Committee; (h) Examinations Committee; (i) Such other authorities as may be declared by the Statutes to be authorities of the University.

(1) The Constitution of the Court and the term of office of its members shall be such as may be prescribed. (2) Subject to the provisions of this Act the Court shall have the following powers and functions, namely:- (a) to review from time to time, the broad policies and programmes of the University and suggest measures for the working, improvement and development of the University; (b) to consider and pass resolutions on the Annual Report and the Annual Accounts of the University and Audit Report of such accounts; (c) to nominate members for various councils or Government, semi government or private bodies, where such a member is required to be sent & represent the University for the specific period as may prescribed; (d) to perform such other functions as may be prescribed.

(1) The Executive Council shall be the principal executive body of the University. (2) The Constitution of the Executive Council, the term of office of its members and its powers and duties shall be such as may be prescribed.

(1) The Academic Council shall be the principal academic body of the University and shall subject to the provisions of the Statutes and the Acts, co-ordinate and exercise general supervision over the academic policies of the University. (2) The Constitution of the Academic Council, the term of office of its members and its powers and duties shall be such as may be prescribed.

(1) The Finance Committee shall be the principal financial body of the University to take care of the financial matters. (2) The constitution, powers and functions of the Finance Committee shall be such as may be prescribed.

(1) The Planning Board shall be the principal planning body of the University. The Board shall ensure that the infrastructure and academic support system meets the norms of the University Grants Commission or the respective councils. (2) The constitution of the Planning Board, term of office of its members and its other powers and duties shall be such as may be prescribed.

The constitution, powers and functions of the Boards of faculties the Admission Committee, the Examination Committee and of such other authorities of University which may be declared by the statues to be the authorities of the University, shall be such as may be prescribed.

(1) The Executive Council shall make the statues for carrying out the purposes of this Act and will take approval of the Chancellor before implementing them. (2) Subject to the provisions of this Act the Statues may provide for all or any of the following matters, namely:— (a) the constitution, powers and functions of the authorities and other bodies of the University, as may be constituted from time to time; (b) the appointment and continuance in office of the members of the said authorities, filling of vacancies of members and all other matters relating to those authorities for which it may be necessary to provide; (c) the appointment, powers and duties of the officers of the University and their emoluments; (d) the appointment of teachers of the University and other academic and administrative staff; and their emoluments; (e) the appointment of teachers and other academic and administrative staff working in any other University or Institution for a specific period for undertaking a joint project; (f) the conditions of service of employees including provisions for retirement benefits, insurance and provident fund, the manner of termination of service and disciplinary actions; (g) the principles governing seniority of service of employees; (h) the procedure for settlement of disputes between employees or students and the University; (i) the procedure for appeal to the Executive Council by any employee or student against the action of any officer or authority of the University; (j) the conferment of honorary degrees; (k) the withdrawal of degree, diploma, certificate and other academic distinctions; (l) the institution of fellowships, scholarships, studentships, medals and prizes; (m) the maintenance of discipline among the students; (n) the establishment and abolition of Departments, Centres and other constituted institutions/Colleges etc, (o) to approve the fee fixed by the finance committee for different courses, (p) to allow the number of admissions in a particular course and decide the mode of admission. It will direct the Admission Committee to hold competitive examinations wherever required as per law and regulations of the statutory bodies for determining the merit of the students for the admission in a particular course, (q) to delegate powers in the authorities or officers of the University for the smooth functioning of the University and to withdraw them if required and (r) all other matters, which may be prescribed. (3) The Executive Council shall not make, amend or repeal any Statute affecting the powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Council. (4) Notwithstanding anything contained in the foregoing sub-sections the Chancellor may direct the University to make provisions in the Statutes, in respect of any matter specified by him and if the Executive Council is unable to implement such a direction within ninety days of its receipt, the Chancellor may, after considering the reasons, if any, communicated by the Executive Council for its inability to comply with such direction, make or amend the Statutes accordingly as

Subject to the provision of the Act and the Statutes, the Acts shall be made by the Executive Council. Approval of the Chancellor will be obtained within one month of its implementation or passing by the Executive Committee. In case any Act has been implemented but the Chancellor does not give his approval, the same shall be withdrawn immediately. Acts can be made for the following issues, namely:- (a) the admission of students to the University and their enrolment as such; (b) the courses of study to be laid down for all degrees, diplomas and certificates of the University; (c) the medium of instruction and examination; (d) the award of degree, diploma, certificate and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same; (e) the fees to be charged for courses of study in the University and for admission to the examinations, degrees, diplomas and certificates of the University; (f) the conditions for the award of fellowships, scholarships studentships, medals and prizes; (g) the conduct of examinations, including the term of Office and manner of appointment and the duties of examining bodies, examiners and moderators; (h) the conditions of residence of the students of the University; (i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and prescribing of special courses of studies for them within the University; (j) the appointment and emoluments of employees other than those for whom provision has been made in the Statutes; (k) the establishment of Centre of Studies, Boards of Studies, Interdisciplinary Studies, Special Centres, Specialized Laboratories and other Committees; (l) the manner of co-operation and collaboration with other Universities and authorities including learned bodies or associations; (m) the creation, composition and functions of any other body which is considered necessary, for improving the academic mileage of the University; (n) the remuneration to be paid to the examiners, moderators, invigilators and tabulators: (o) such other terms and conditions of service of teachers and other academic staff as are not prescribed by the Statutes;

(1) The annual report of the University shall be prepared under the direction of the Executive Council and shall be submitted to the Court on or after such date as may be prescribed and the Court shall consider the report in its annual meeting. (2) The court shall submit the annual report to the Chancellor along with its comments, if any.

(1) The annual accounts and balance sheet of the University shall be prepared under the directions of the Executive Council and shall, once at least every year and at intervals of not more than fifteen months, be audited by an experienced and qualified firm of Chartered Accountant of repute. (2) A copy of the annual accounts, together with the audit report thereon, shall be submitted to the Court and the Chancellor along with the observations of the Executive Council. (3) Any observations made by the Chancellor or the Court on the annual accounts shall be brought to the notice of the Executive Council and the observations, if any, shall after being reviewed by the Executive Council, be submitted to the Court/Chancellor.

(1) Every employee of the University shall be appointed /engaged as per provisions of the Statutes. (2) Any dispute arising between the University and any of the employees appointed substantively, shall be referred to the Executive Council who shall decide the dispute after affording an opportunity of being heard to the employee within three months from the date of its reference. (3) The aggrieved employee may file an appeal against the order of the Executive Council to the Chancellor. (4) Any dispute in respect of any employee engaged temporarily or on ad-hoc or part time or casual basis shall be heard and decided by the Vice-Chancellor. (5) Appeal against the decision of the Vice-Chancellor can be made to the Chancellor. The decision of the Chancellor shall be final and no suit shall lie in any court in respect of the matters decided by the Chancellor.

(1) Any student or candidate for an examination, whose name has been removed from the rolls of the University by the orders or resolution of the Academic Council, Proctorial Board or Controller of Examination as the case may be and who has been debarred from appearing at the examinations of the University for more than one year, may within ten days of the date of receipt of such order by him in writing appeal to the Vice-Chancellor who may confirm, modify or reverse the decision to the aforesaid authorities or the concerned Committee, as the case may be. (2) Any decision taken by the Vice-Chancellor shall be final. (3) The Vice Chancellor can modify the procedure and system of appeal in view of the directions issued by the Central Government, State Government, UGC from time to time or suo motto.

The University may constitute for the benefit of its employees such welfare scheme or Provident Fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be decided by the Executive Council.

If any question arises as to whether any person has been duly nominated 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 Chancellor whose decision thereupon shall be final.

Where any authority of the University is given power under this Act or the Statutes to appoint Committees, such Committees have as otherwise provided, consist of the members of the authority concerned and of such other persons as the authority in each case may think fit.

All vacancies among the members (other than ex-officio) of any authority or other body of the University shall be filled for the period as per provision in the relevant section, as soon as may be convenient by the person or the body, who appointed, nominated or co-opted the member whose place has become of such authority or body for the remaining term for which he has been appointed or co-opted.

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.

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

(1) Every Statute or Acts made under this Act shall be made available in writing. (2) Each new Statute or Acts made under this Act shall be enforced as soon as it is made by the competent authority.

(1) The Trust shall create a permanent endowment fund of at least Rs. 5,00,00,000 in the form of a Fixed Deposit of a Nationalized Bank pledged in the name of the State Government. (2) The University shall have the power to invest the permanent endowment fund in such manner as may be prescribed. (3) The University may transfer any amount from the general fund or the development fund to the permanent endowment fund. (4) Any amount exceeding the minimum amount specified in sub-section (1) may be withdrawn from the permanent endowment fund by the University for the purposes of development of the University.

(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 Trust; and (d) all contributions 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 moneys credited to the general fund shall be applied to meet all the recurring experiditures of the University.

(1) The University shall also establish a development fund to which following moneys shall be credited, namely; (a) development fee, which may be charged from students: (b) all sums received from other sources for the purpose of the development of the University; (c) all contributions made by the Trust; (d) all contributions made in this behalf by any other person or body which are not prohibited by any law for the time being enforce; and (e) all incomes received from the permanent endowment fund. (2) The moneys credited to the development fund from time to time shall be utilized for the development of the University.

The funds established under Sections 41, 42 and 43 shall be subject to general supervisions and control of the Court and be regulated and maintained in such manner as may be prescribed.

The University shall be not be eligible for any grant-in-aid or any financial assistance from the State Government or any other body or Corporation owned and controlled by the State Government.

The fees charged for different academic programs shall be decided by the finance committee in accordance with laws for the time being in force.

(1) It shall be the duty of the University or any authority or officer of the University to furnish such informations or records relating to the administration or finances and other affairs of the University as the State Government may call for. (2) The State Government, If it is of the view that there is a violation of the provisions of this Act or the Statutes or Acts, made there under, may issue such directions to the University under section 51 as it may deem necessary.

(1) If the University proposes its dissolution in accordance with the law governing its constitution or incorporation, it shall give at least six months written notice to the State Government. (2) On receipt of information referred to in sub-section (1) the State Government shall make such arrangement

(1) The expenditure for administration of the University during the taking over the liabilities of the University under Section 48 shall be met out of the permanent endowment fund, the general fund and the development fund. (2) If the funds referred to sub-section (1) are not sufficient to meet the expenditure of the University during the taking over the liabilities of the University such expenditure may be met by disposing of the properties or assets of the University by the State Government.

(1) Where the State Government receives a complaint that the University is not functioning in accordance with the provisions of this Act, it shall require the University to show cause, within such time, which shall not be less than six months, referring a copy of the complaint, as to why the University should not be derecognised. (2) If, upon receipt of the reply of the University to the notice given under sub-section (1), the State Government is satisfied that a prima-facie case of violation of the provisions of this Act in the functioning of the University, is made out, it shall order such enquiry as it deems necessary. (3) For the purposes of an inquiry under sub-section (2), the State Government shall, by notification, appoint an officer or authority as the enquiring authority to enquire into the allegation of violation of the provisions of this Act. (4) Every enquiring authority appointed under sub-section (3) shall while performing its functions under this Act, shall have all the powers of Civil Court under the Code of Civil Procedure, 1908 trying a suit and in particular in respect of the following matters, namely :(a) summoning and enforcing the attendance of any witness and examining him on oath; (b) requiring the discovery and production of any document; (c) requisitioning any public record or copy thereof from any office; (d) receiving evidence on affidavits; (e) any other matter which may be prescribed. (5) If, upon receipt of the inquiry report, the State Government is satisfied that the University has violated any provision of this Act, the Government shall direct the University to make necessary improvements & suggest for proper implementation of the provisions of this Act. (6) If it is observed that the University is violating the Act continuously for three times, State Government may derecognize the University with prior approval of University Grant Commission. (7) During the period of the management of the University under sub-section (6), the State Government may utilize the permanent endowment fund, the general fund or the development fund for the purposes of the management of the affairs of the University. If the funds of the University are not sufficient to meet the requisite expenditure of the University, the Statue Government may dispose of the assets or the properties of the University to meet the said expenses. (8) Every notification under sub-section (6) shall be laid before both Houses of the State Legislature before implementation.

The State Government may issue such directions from time to time to University on policy matters not inconsistent with the provisions of this Act, as it may deem necessary. Such directions shall be complied with by the University.

All assets and properties including permanent endowment fund, general fund or any other fund & also the liabilities of the University will belong to the proposed Trust in case of dissolution of the University under any clause mentioned herein above in the Act.