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The University of Hyderabad Act, 1974

Preamble

 No.39 OF 1974

[3rd September, 1974]

An Act to establish and incorporate a teaching University in the State of Andhra Pradesh and to provide for matters connected therewith or incidental thereto

BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:-

Section 1. Short title and commencement

No.39 OF 1974

[3rd September, 1974]

An Act to establish and incorporate a teaching University in the State of Andhra Pradesh and to provide for matters connected therewith or incidental thereto

BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:-

(1) This Act may be called the University of Hyderabad Act, 1974.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Definitions

In this Act, and in all Statutes made hereunder, unless the context otherwise requires,-

(a) “Academic Council” means the Academic Council of the University;

(b) “Academic staff” means such categories of staff as are designated as academic staff by the Ordinances;

(c) “Board of Studies” means the Board of Studies of the University;

(d) “Chancellor”, “Vice-Chancellor” and “Pro-Vice-Chancellor” mean, respectively, the Chancellor, Vice-Chancellor and Pro-Vice-Chancellor of the University;

(e) “College” means a College maintained by the University;

(f) “Court” means the Court of the University;

(g) “Department” means a Department of Studies, and includes a Centre of Studies;

(h) “Employee” means any person appointed by the University, and includes teachers and other staff of the University;

(i) “Executive Council” means the Executive Council of the University;

(j) “Hall” means a unit of residence or of corporate life for the students of the University, College or Institution, provided maintained or recognised by the University;

(k) “Institution” means an academic institution, not being a College, maintained by the University;

(l) “Principal” means the Head of a College or an Institution;

(m) “Recognised institution” means an institution of higher learning recognised by the University;

(n) “Recognised teachers” means persons working in any recognised institution or in any Institution associated with the University and recognised by the University for the purpose of imparting instruction or conducting research or both;

(o) “School” means a School of Studies of the University;

(p) “Statutes”, “Ordinances” and “Regulations”, Readers, Lecturers and such other persons as may be appointed for imparting instruction or conducting research in the University or in any College or Institution maintained by the University and designated as teachers by the Ordinances;

(q) “Teachers of the University” means Professors, Readers, Lecturers and such other persons as may be appointed for imparting instruction or conducting research in the University or in any College or Institution maintained by the University and designated as teachers by the ordinances;

(r) “University” means the University of Hyderabad.

Section 3. The University

(1) There shall be established, in the State of Andhra Pradesh, a University by the name of “University of Hyderabad”.

(2) The headquarters of the University shall be at Hyderabad and it may establish campuses at such other places within its jurisdiction as it may deem fit.

(3) The first Chancellor and the first Vice-Chancellor and the first members of the Court, the Executive Council and the Academic Council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of “University of Hyderabad”.

(4) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name.

Section 4. Objects

The objects of the University shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit and by the example of its corporate life, and, in particular, to make special provisions for integrated courses in humanities and science in the educational programmes of the University and to take appropriate measures for promoting inter-disciplinary studies and research in the University.

Section 5. Powers of the University

The University shall have the following powers, namely:-

(1) To provide for instructions in such branches of learning as the University may, from time to time, determine and to make provision for research and for the advancement and dissemination of knowledge;

(2) To grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees and other academic distinctions on the basis of examinations, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;

(3) To organise and to undertake extra-mural studies and extension services;

(4) To confer honorary degrees or other distinctions in the manner prescribed by the Statutes;

(5) To provide instruction, including correspondence and such other courses, to such persons as are not members of the University, as it may determine;

(6) To institute Principalships, Professorships, Readerships, Lecturerships, and other teaching or academic posts required by the University and to appoint persons to such Principalships, Professorships, Readerships, Lecturerships or other posts;

(7) To recognise an Institution of higher learning for such purposes as the University may determine and to withdraw such recognition;

(8) To recognise persons working in any recognised institution or in any Institution associated with the University for imparting instruction or supervising research or both, and to withdraw such recognition;

(9) To appoint persons working in any other University or organisation as teachers of the University for a specified period;

(10) To create administrative, ministerial and other posts and to make appointments thereto;

(11) To co-operate or collaborate or associate with any other University or authority or Institution of higher learning in such manner and for such purposes as the University may determine;

(12) To establish such campuses, special centres, specialised laboratories or other units for research and instruction as are, in the opinion of the University, necessary for the furtherance of its objects;

(13) To institute and award fellowships, scholarships, studentships, medals and prizes;

(14) To establish and maintain Colleges, Institutions and Halls;

(15) To make provision for research and advisory services; and for that purposes to enter into such arrangements with other Institutions or bodies as the University may deem necessary;

(16) To declare a College, an Institution or a Department as an autonomous College or Institution or

Department, as the case may be;

(17) To determine standards for admission into the University, which may include examination , evaluation or any other method of testing;

(18) To demand and receive payment of fees and other charges;

(19) To supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare;

(20) To make special arrangements in respect of women students as the University may consider desirable;

(21) To regulate and enforce discipline among the employees and students of the University and take such disciplinary measures in this regard as may be deemed by the University to be necessary;

(22) To make arrangements for promoting the health and general welfare of the employees;

(23) To receive donations and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the University;

(24) To borrow, with the approval of the Central Government, on the security of the property of the University, money for the purposes of the University;

(25) To do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University.

Section 6. Jurisdiction

(1) The jurisdiction of the University shall extend to the whole of the State of Andhra Pradesh.

(2) No institution affiliated to or associated with or maintained by any other University in the State of Andhra Pradesh shall be recognised by the University of Hyderabad for any purpose except with the prior approval of the Government of the State of Andhra Pradesh and the concerned University

Section 7. University open to all classes, castes and creed

The University shall be open to persons of either sex and of whatever race, creed, or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted therein, as a teacher or student, or to hold any office therein, or to graduate thereat or to enjoy or exercise any privilege thereof:

Provided that nothing in this section shall be deemed to prevent the University from making special provisions for admission of students of the weaker sections of the people and, in particular, of the Scheduled Castes and the Scheduled Tribes.

Section 8. Visitor

(1) The President of India shall be the Visitor of the University.

(2) The Visitor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the University, its buildings, laboratories and equipment, and of any College or Institution maintained by the University; and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University, Colleges or Institutions.

(3) The Visitor shall, in every case, give notice to the University of his intention to cause an inspection or inquiry to be made and on receipt of such notice, the University shall have the right to make such representations to the Visitor, as it may consider necessary.

(4) After considering the representations, if any, made by the University, the Visitor may cause to be made such inspection or inquiry as is referred to in sub-section (2).

(5) Where any inspection or inquiry has been caused to be made by the Visitor, the University shall be entitled to appoint a representative who shall have the right to be present and to be heard at such inspection or inquiry.

(6) The Visitor may, if the inspection or inquiry is made in respect of the University or any College or Institution maintained by it, address the Vice-Chancellor with reference to the result of such inspection or inquiry, and the Vice-Chancellor shall communicate to the Executive Council the views of the Visitor with such advice as the Visitor may be pleased to offer upon the action to be taken thereon.

(7) The Executive Council shall communicate through the Vice-Chancellor to the Visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry.

(8) Where the Executive Council does not, within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Executive Council, issue such directions as he may think fit and the Executive Council shall comply with such directions.

(9) Without prejudice to the foregoing provisions of this section, the Visitor may, by order in writing, annul any proceeding of the University which is not in conformity with this Act, the Statutes or Ordinances:

Provided that before making any such order, he shall call upon the University to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same.

(10) The Visitor shall have such other powers as may be prescribed by the Statutes.

Section 9. Chief Rector

The Governor of the State of Andhra Pradesh shall be the Chief Rector of the University.

Section 10. Officers of the University

The following shall be the officers of the University:-

(1) The Chancellor;

(2) The Vice-Chancellor;

(3) The Pro-Vice-Chancellor or, if more than one are appointed, the Pro-Vice-Chancellors;

(4) The Deans of Schools;

(5) The Registrar;

(6) The Finance Officer; and

(7) Such other officers as may be declared by the Statutes to be officers of the University.

Section 11. The Chancellor

(1) The Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.

(2) The Chancellor shall, by virtue of his office, be the Head of the University.

(3) The Chancellor shall, if present, preside at the convocations of the University held for conferring degrees.

Section 12. The Vice-Chancellor

(1) The Vice-Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.

(2) The Vice-Chancellor shall be the principal executive and academic officer of the University, and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University.

(3) The Vice-Chancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority the action taken by him on such matter:

Provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the Visitor whose decision thereon shall be final:

Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to appeal against such action to the Executive Council within three months from the date on which decision on such action is communicated to him and thereupon the Executive Council may confirm, modify or reverse the action taken by the Vice-Chancellor.

(4) The Vice-Chancellor shall exercise such other powers and perform such other functions as may be prescribed by the Statutes or Ordinances.

Section 13. The Pro-Vice-Chancellors

Every Pro-Vice-Chancellor shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.

Section 14. Deans of Schools

Every Dean of a School shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.

Section 15. The Registrar

(1) The Registrar shall be appointed in such manner as may be prescribed by the Statutes.

(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 duties as may be prescribed by the Statutes.

Section 16. The Finance Officer

The Finance Officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.

Section 17. Other officers

The manner of appointment and powers and duties of other officers of the University shall be prescribed by the Statutes.

Section 18. Authorities of the University

The following shall be the authorities of the University:-

(1) The Court;

(2) The Executive Council;

(3) The Academic Council;

(4) The Boards of Schools; and

(5) Such other authorities as may be declared by the Statutes to be authorities of the University.

Section 19. The Court

(1) The constitution of the Court and the term of office of its members shall be prescribed by the Statutes.

(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 to suggest measures for the improvement and development of the University;

(b) To consider and pass resolutions on the annual report and the annual accounts of the University and the audit report on such accounts;

(c) To advise the Visitor in respect of any matter which may be referred to it for advice; and

(d) To perform such other functions as may be prescribed by the Statutes.

Section 20. The Executive Council

(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 functions shall be prescribed by the Statutes.

Section 21. The Academic Council

(1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and Ordinances, 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 functions shall be prescribed by the Statutes.

Section 22. Other authorities of the University

The constitution, powers and functions of the Boards of Schools and of such other authorities as may be declared by the Statutes to be authorities of the University, shall be prescribed by the Statutes.

Section 23. Planning Board

(1) There shall be constituted a Planning Board of the University which shall advise generally on the planning and development of the University and keep under review the standard of education and research in the University.

(2) The constitution of the Planning Board and the manner of appointment of its members shall be prescribed by the Statutes.

(3) The Visitor may determine a date with effect from which the Planning Board shall stand dissolved.

Section 24. Statutes

Subject to the provisions of this Act, the Statutes 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 election and continuance in office of the members of the said authorities and bodies, the filling of vacancies of members, and all other matters relative to those authorities and other bodies for which it may be necessary or desirable to provide;

(c) The appointment, powers and duties of the officers of the University and their emoluments and other terms and conditions of service;

(d) The appointment of teachers of the University and other academic staff and their emoluments and other terms and conditions of service;

(e) The appointment of teachers and other academic staff working in any other University or organisation for a specified period for undertaking a joint project;

(f) The conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action;

(g) The principles governing seniority of service of employees;

(h) The procedure for arbitration in cases of dispute 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 establishment and recognition of Students’ Union or associations of teachers, academic staff or other employees;

(k) The participation of students in the affairs of the University;

(l) The conferment of honorary degrees;

(m) The withdrawal of degrees, diplomas, certificates and other academic distinctions;

(n) The institution of fellowships, scholarships, studentships, medals and prizes;

(o) The maintenance of discipline among the students;

(p) The establishment and abolition of Schools, Departments, Halls, Colleges and Institutions;

(q) The extent of autonomy which a College, Institution or Department may have and the matters in relation to which such autonomy may be exercised;

(r) The delegation of powers vested in the authorities or officers of the University; and

(s) All other matters which by this Act are to be, or may be, provided by the Statutes.

Section 25. Statutes how made

(1) The first Statutes are those set out in the Schedule.

(2) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1):

Provided that the Executive Council shall not make, amend or repeal any Statute affecting the status, 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.

(3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the approval of the Visitor who may assent thereto or withhold assent or remit the same to the Executive Council for consideration.

(4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor.

(5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may make new or additional Statutes or amend or repeal the Statutes referred to in sub-section (1) during the period of three years immediately after the commencement of this Act:

Provided that the Visitor may, on the expiry of the said period of three years make, within one year from the date of such expiry, such detailed Statutes as he may consider necessary and such detailed Statutes shall be laid before both Houses of Parliament.

Section 26. Ordinances

(1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, 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 award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same;

(d) The fees to be charged for courses of study in the University and for admission to the examinations, degrees and diplomas of the University;

(e) The conditions of award of fellowships, scholarships, studentships, medals and prizes;

(f) The conduct of examinations, including the term of office and of appointment and the duties of examining bodies, examiners and moderators;

(g) The conditions of residence of the students of the University;

(h) The special arrangements, if any, which may be made for, the residence, discipline and teaching of women students and the prescribing of special courses of studies for them;

(i) The appointment and emoluments of employees other than those for whom provision has been made in the Statutes;

(j) The establishment of Centres of Studies, Boards of Studies, Special Centres, Specialised Laboratories and other Committees;

(k) The terms and conditions of the recognition of Institutions of higher learning and its withdrawal;

(l) The terms and conditions on which persons working in any recognised institution or in any Institution associated with the University may be recognised as teachers and for withdrawing such recognition;

(m) The manner of co-operation or collaboration or association with other Universities, authoritiesor Institutions of higher learning;

(n) The creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;

(o) Such other terms and conditions of service of teachers and other academic staff as are not prescribed by the Statutes;

(p) The management of Colleges and Institutions established by the University; and

(q) All other matters which by this Act or the Statutes may be provided for by the Ordinances.

(2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Central Government and the Ordinances so made may be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes.

Section 27. Regulations

The authorities of the University may make Regulations consistent with this Act, the Statutes and the Ordinances for the conduct of their own business and that of the Committees appointed by them and not provided for by this Act, the Statutes or the Ordinances in the manner prescribed by the Statutes.

Section 28. Annual report

(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 by the Statutes and the Court shall consider the report in its annual meeting.

(2) The Court shall submit the annual report to the Visitor along with its comments, if any.

Section 29. Annual accounts

(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 the Comptroller and Auditor-General of India.

(2) The annual accounts when audited shall be published in the Gazette of India and a copy of the accounts together with the report of the Comptroller and Auditor-General shall be submitted to the Court and the Visitor along with the observations of the Executive Council.

(3) Any observations made by the Visitor on the annual accounts shall be brought to the notice of the Court and the observations of the Court, if any, shall, after being considered by the Executive Council, be submitted to the Visitor.

(4) A copy of the accounts together with the report of the Comptroller and Auditor-General of India, as submitted to the Visitor, shall also be submitted to the Central Government who shall, as soon as may be, cause the same to be laid before both Houses of Parliament.

Section 30. Conditions of service of employees

(1) Every employee 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 a contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the employee concerned and an umpire appointed by the Visitor.The decision of the Tribunal shall be final, and no suit shall lie in any civil court in respect of the matters decided by the Tribunal.Every such request shall be deemed to be a submission to arbitration, upon the terms of this section, within the meaning of the Arbitration Act, 1940(2 of 1940).

Section 31. Procedure of appeal and arbitration in disciplinary cases against students

(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 Vice-Chancellor, Discipline Committee or Examination Committee, 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 orders or copy of such resolution by him, appeal to the Executive Council and the Executive Council may confirm, modify or reverse the decision of the Vice-Chancellor or the Committee, as the case may be.

(2) Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-section (2) of section 30 shall, as far as may be, apply to a reference made under this sub-section.

Section 32. Right to appeal

Every employee or student of the University shall, notwithstanding anything contained in this Act, have a right to appeal, within such time as may be prescribed by the Statutes, to the Executive Council against the decision of any officer or authority of the University and thereupon the Executive Council may confirm, modify or reverse the decision appealed against.

Section 33. Provident and pension funds

(1) The University shall constitute for the benefit of its employees such pension or provident fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes.

(2) Where such provident or pension 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.

Section 34. Disputes as to constitution of University authorities and bodies

If any question arises as to whether any person has been duly elected 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 Visitor whose decision thereon shall be final.

Section 35. Constitution of Committees

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

Section 36. Filling of casual vacancies

All casual vacancies among the members (other than ex officio members) of any authority or other body of the University shall be filled, as soon as conveniently may be, by the person or body who appointed, elected or co-opted the member whose place has become vacant and the person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

Section 37. Proceedings of University authorities or bodies 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.

Section 38. Protection of action taken in good faith

No suit or other legal proceeding shall lie against any officer or 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 Ordinances.

Section 39. Mode of proof of University record

A copy of any receipt, application, notice, order, proceeding, resolution of any authority or Committee of the University, or other documents 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 or resolution, documents 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, notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or in any other law for the time being in force.

Section 40. Power to remove difficulties

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 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 commencement of this Act

Section 41. Transitional provisions

Notwithstanding anything contained in this Act and the Statutes-

(a) The first Chancellor and the first Vice-Chancellor shall be appointed by the Visitor and each of the said officers shall hold office for a term of five years;

(b) The first Registrar and the first Finance Officer shall be appointed by the Visitor and each of the said officers shall hold office for a term of three years;

(c) The first Court and the first Executive Council shall consist of not more than thirty members and eleven members respectively, who shall be nominated by the Visitor and shall hold office for a term of three years;

(d) The Academic Council shall consist of not more than twenty-one members, who shall be nominated by the Visitor and shall hold office for a term of three years:

Provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the Visitor, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred;

(e) The first Academic Council shall be constituted on the expiry of a period of one year from the commencement of this Act and during the said period of one year, the powers of the Academic Council shall be performed by the Planning Board constituted under section 23.

THE SCHEDULE

SCHEDULE. THE STATUTES OF THE UNIVERSITY

THE SCHEDULE

[See section 25 (1)]

THE STATUTES OF THE UNIVERSITY

1. The Vice-Chancellor.

(1) The Vice-Chancellor shall be a whole-time salaried officer of the University.

(2) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office:

Provided that the Visitor may direct that a Vice-Chancellor, whose term of office has expired, shall continue in officer for such period, not exceeding a total period of one year, as may be specified in the direction.

(3) Notwithstanding anything contained in clause (2), a person appointed as Vice-Chancellor shall, if he attains the age of sixty-five years d ring the term of his office or any extension thereof, retire from office.

(4) The emoluments and other terms and conditions of service of the Vice-Chancellor shall be as follows:-

(i) There shall be paid to the Vice-Chancellor a salary of three thousand rupees per mensem and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the Vice-Chancellor personally in respect of the maintenance of such residence.

(ii) The Vice-Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Executive Council with the approval of the Visitor from time to time:

Provided that where an employee of-

(a) The University; or

(b) Any other University or College or Institution maintained by, or affiliated to, that University,

Is appointed as Vice-Chancellor, he shall be allowed to continue to contribute to the provident fund to which he is a subscriber, and the contribution of the University shall be limited to what he had been contributing immediately before his appointment as Vice-Chancellor.

(iii) The Vice-Chancellor shall be entitled to travelling allowances at such rates as may be fixed by the Executive Council.

(iv) The Vice-Chancellor shall be entitled to leave on full pay for one-eleventh of the period spent by him on active service.

(v) The Vice-Chancellor shall also be entitled, on medical grounds or otherwise, to leave without pay for a period not exceeding three months during the term of this office:

Provided that such leave may be converted into leave on full pay to the extent to which he is entitled to leave under sub-clause (iv).

(5) If the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise or if he is unable to perform his duties owing to absence, illness or any other cause, the Pro-Vice-Chancellor, shall perform the duties of the Vice-Chancellor until a new Vice-Chancellor assumes office or until the existing Vice-Chancellor attends to the duties of his office, as the case may be:

Provided that if a Pro-Vice-Chancellor is not available, the senior-most Professor shall perform the duties of the Vice-Chancellor

2. Powers and duties of the Vice-Chancellor.

(1) The Vice-Chancellor shall be ex officio Chairman of the Court, the Executive Council, the Academic Council and the Finance Committee, and shall, in the absence of the Chancellor, preside at the Convocations of the University held for conferring degrees.The Vice-Chancellor shall be entitled to be present at, and to address, any meeting of any authority or other body of the University, but shall not be entitled to vote thereat unless he is a member of such authority or body.

(2) It shall be the duty of the Vice-Chancellor to see that this Act, these Statutes, the Ordinances and the Regulations are duly observed, and he shall have all powers necessary to ensure such observance.

(3) The Vice-Chancellor shall have the power to convene or cause to be convened meetings of the Court, the Executive Council, the Academic Council and the Finance Committee.

3. Pro-Vice-Chancellors.

(1) Every Pro-Vice-Chancellor shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor:

Provided that where the recommendation of the Vice-Chancellor is not accepted by the Executive Council, the matter shall be referred to the Visitor who may either appoint the person recommended by the Vice-Chancellor or ask the Vice-Chancellor to recommend another person to the Executive Council:

Provided further that the Executive Council may, on the recommendation of the Vice-Chancellor, appoint a Professor to discharge the duties of a Pro-Vice-Chancellor in addition to his own duties as a Professor

(2) The term of office of a Pro-Vice-Chancellor shall be such as may be decided by the Executive Council, but it shall not in any case exceed five years or until the expiration of the term of office of the Vice-Chancellor, whichever is earlier, and he shall be eligible for re-appointment:

Provided that a Pro-Vice-Chancellor shall retire on attaining the age of sixty-five years:

Provided further that the Pro-Vice-Chancellor shall, while discharging the duties of the Vice-Chancellor under clause (5) of Statute 1.continue in office notwithstanding the expiration of his term of office as Pro-Vice-Chancellor, until a new Vice-Chancellor or the Vice-Chancellor, as the case may be, assumes office:

Provided also that when the office of the Vice-Chancellor becomes vacant and there is no Pro-Vice-Chancellor to perform the functions of the Vice-Chancellor, the Executive Council may appoint a Pro-Vice-Chancellor and the Pro-Vice -Chancellor so appointed shall cease to hold office as such as soon as a Vice-Chancellor is appointed and enters upon his office.

(3) The emoluments and other terms and conditions of service of a Pro-Vice-Chancellor shall be such as may be prescribed by the Ordinances.

(4) A Pro-Vice-Chancellor shall assist the Vice-Chancellor in respect of such matters as may be specified by the Vice-Chancellor in this behalf, from time to time, and shall also exercise such powers and perform such duties as may be assigned or delegated to him by the Vice-Chancellor.

4. Registrar.

(1) The Registrar shall be a whole-time salaried officer of the University.

(2) The emoluments and other terms and conditions of service of the Registrar shall be such as may be prescribed by the Ordinances:

Provided that the Registrar shall retire on attaining the age of sixty years:

Provided further that a Registrar shall, notwithstanding his attaining the age of sixty years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year whichever is earlier

(3) When the office of the Registrar is vacant or when the Registrar is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

(4)

(a) The Registrar shall have power to take disciplinary action against such of the employees, excluding teachers of the University and academic staff, as may be specified in the orders of the Executive Council and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or the withholding of increment:

Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

(b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified in sub-clause (a).

(c) In a case where the inquiry discloses that a punishment beyond the powers of the Registrar is called for, the Registrar shall, upon conclusion of the inquiry, make a report to the Vice-Chancellor along with his recommendations:

Provided that an appeal shall lie to the Executive Council against an order of the Vice-Chancellor imposing any penalty

(5) The Registrar shall be ex officio Secretary of the Executive Council, the Academic Council and the Boards of Schools, but shall not be deemed to be a member of any of these authorities.He shall be ex officio Member-Secretary of the Court.

(6) It shall be the duty of the Registrar,-

(a) To be the custodian of the records, the common seal and such other property of the University as the Executive Council shall commit to his charge;

(b) To issue all notices convening meetings of the Court, the Executive Council, the Academic Council, the Boards of Schools, the Boards of Studies, the Boards of Examiners and of any Committees appointed by the authorities of the University;

(c) To keep the minutes of all the meetings of the Court, the Executive Council, the Academic Council, the Boards of Schools and of any Committees appointed by the authorities of the University;

(d) To conduct the official correspondence of the Court, the Executive Council and the Academic Council;

(e) To supply to the Visitor, copies of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of such meetings;

(f) To represent the University in suits or proceedings by or against the University, sign powers of attorney and verify pleadings or depute his representative for the purpose; and

(g) To perform such other duties as may be specified in these Statutes, the Ordinances or the Regulations or as may be required, from time to time, by the Executive Council or the Vice-Chancellor.

5. Finance Officer.

(1) The Finance Officer shall be a whole-time salaried officer of the University.

(2) The emoluments and other terms and conditions of service of the Finance Officer shall be such as may be prescribed by the Ordinances:

Provided that a Finance Officer shall retire on attaining the age of sixty years:

Provided further that the Finance Officer shall, notwithstanding his attaining the age of sixty years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year whichever is earlier

(3) When the office of the Finance Officer is vacant or when the Finance Officer is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

(4) The Finance Officer shall be ex officio Secretary of the Finance Committee, but shall not be deemed to be a member of such Committee.

(5) The Finance Officer shall-

(a) Exercise general supervision over the funds of the University and shall advise it as regards its financial policy; and

(b) Perform such other financial functions as may be assigned to him by the Executive Council or as may be prescribed by these Statutes or the Ordinances:

Provided that the Finance Officer shall not incur any expenditure or make any investment exceeding ten thousand rupees without the previous approval of the Executive Council

(6) Subject to the control of the Executive Council, the Finance Officer shall-

(a) Hold and manage the property and investments of the University including trust and endowed property;

(b) Ensure that the limits fixed by the Executive Council for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purposes for which they are granted or allotted;

(c) Be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Executive Council;

(d) Keep a constant watch on the state of the cash and bank balances and on the state of investments;

(e) Watch the progress of the collection of revenue and advise on the methods of collection employed;

(f) Ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date and that stock-checking is conducted, of equipment and other consumable materials in all offices, Special Centres, specialised laboratories, Colleges and Institutions maintained by the University;

(g) Call for explanation for unauthorised expenditure and for other financial irregularities and suggest disciplinary action against persons at fault; and

(h) Call for from any office, Centre, laboratory, College or Institution maintained by the University, any information or returns that he may consider necessary for the performance of his duties.

(7) The receipt of the Finance Officer or of the person or persons duly authorised in this behalf by the Executive Council for any money payable to the University shall be sufficient discharge for payment of such money.

6. Deans of Schools of Studies.

(1) Every Dean of a School of Studies shall be appointed by the Vice-Chancellor from among the Professors in the School for a period of three years and he shall be eligible for re-appointment:

Provided that a Dean on attaining the age of sixty years shall cease to hold office as such:

Provided further that if at any time there is no Professor in a School, the Vice-Chancellor, or a Pro-Vice-Chancellor if authorised by the Vice-Chancellor in this behalf, shall exercise the powers of the Dean of the School

(2) When the office of the Dean is vacant or when the Dean is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

(3) The Dean shall be the Head of the School and shall be responsible for the conduct and maintenance of the standards of teaching and research in the School.The Dean shall have such other functions as may be prescribed by the Ordinances.

(4) The Dean shall have the right to be present and to speak at any meeting of the Boards of Studies or Committees of the School, as the case may be, but shall not have the right to vote thereat unless he is a member thereof.

7. Heads of Departments.

(1) Each Department shall have a Head who shall be a Professor and whose duties and functions and terms and conditions of appointment shall be prescribed by the Ordinances:

Provided that if there is one or more than one Professor in any Department, the Head of the Department shall be appointed in the manner prescribed by the Ordinances:

Provided further that in a Department where there is no Professor, a Reader may be appointed as Head of the Department in the manner prescribed by the Ordinances:

Provided also that if there is no Professor or Reader, in a “Department, the Dean of the Faculty concerned shall act as the head of that Department.

(2) It shall be open to a Professor or Reader to decline the offer of appointment as the Head of the Department.

(3) A person appointed as the Head of the Department shall hold office as such for a period of three years and shall be eligible for reappointment.

(4) A Head of a Department may resign his office at any time during his tenure of office.

(5) A Head of a Department shall perform such functions as may be prescribed by the Ordinances.

8. Deans of Students’ Welfare.

(1) Every Dean of Students’ Welfare shall be appointed from amongst the teachers of the University, not below the rank of a Reader, by the Executive Council on the recommendation of the Vice-Chancellor.

(2) Every Dean appointed under clause (1) shall be a whole-time officer and shall hold office for a term of three years and shall be eligible for re-appointment:

Provided that the Executive Council may, if it is considered necessary, appoint, on the recommendation of the Vice-Chancellor, a teacher, not below the rank of a Reader, to discharge the duties of the Dean of Students’ Welfare in addition to his duties as such teacher, and in such a case, the Executive Council may sanction a suitable allowance to be paid to him.

(3) A person who is appointed as a Dean of Students’ Welfare shall continue to hold his lien on his substantive post and shall be eligible to all the benefits that would have otherwise accrued to him, but for his appointment as the Dean of Students’ Welfare.

(4) When the office of a Dean of Students’ Welfare is vacant or when the Dean of Students’ Welfare is, by reason of illness or absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

(5) The duties and powers of a Dean of Students’ Welfare shall be prescribed by the Ordinances.

9. Proctors.

(1) Every Proctor shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor and shall exercise such powers and perform such duties as may be assigned to him by the Vice-Chancellor.

(2) Every Proctor shall hold office for a term of two years and shall be eligible for re-appointment.

10. Librarians.

(1) Every Librarian shall be appointed by the Executive Council on the recommendation of the Selection Committee constituted for the purpose and he shall be a whole-time officer of the University.

(2) Every Librarian shall exercise such powers and perform such duties as may be assigned to him by the Executive Council.

11. Meetings of the Court.

(1) An annual meeting of the Court shall be held on a date to be fixed by the Executive Council unless some other date has been fixed by the Court in respect of any year.

(2) At an annual meeting of the Court, a report on the working of the University during the previous year, together with a statement of the receipts and expenditure, the balance-sheet, as audited, and the financial estimates for the next year shall be presented.

(3) A copy of the statement of receipts and expenditure, the balance sheet and the financial estimates referred to in clause (2) shall be sent to every member of the Court at least seven days before the date of the annual meeting.

(4) Twelve members of the Court shall form a quorum for a meeting of the Court.

(5) Special meetings of the Court may be convened by the Executive Council or the vice-Chancellor, or, if there is no Vice-Chancellor, by a Pro-Vice-Chancellor, or if there is no Pro-Vice-Chancellor, by the Registrar.

12. Quorum for meetings of the Executive Council.

Five members of the Executive Council shall form a quorum for a meeting of the Executive Council.

13. Powers and functions of Executive Council.

(1) The Executive Council shall have the management and administration of the revenue and property of the University and the conduct of all administrative affairs of the University not otherwise provided for.

(2) Subject to the provisions of this Act, these Statutes and the Ordinances, the Executive Council shall, in addition to all other powers vested in it, have the following powers, namely:-

(i) To create teaching and academic posts, to determine the number and emoluments of such posts and to define the duties and conditions of service of Professors, Readers, Lecturers, and other academic staff and Principals of colleges and Institutions maintained by the University:

Provided that no action shall be taken by the Executive Council in respect of the number, qualifications and the emoluments of teachers and academic staff otherwise than after consideration of the recommendations of the Academic Council;

(ii) To appoint such Professors, Readers, Lecturers and other academic staff, as may be necessary, and Principals of Colleges and Institutions maintained by the University on the recommendation of the Selection Committee constituted for the purpose and to fill up temporary vacancies therein;

(iii) To create administrative, ministerial and other necessary posts and to make appointments thereto in the manner prescribed by the Ordinances;

(iv) To grant leave of absence to any officer of the University, other than the Chancellor and the Vice-Chancellor, and to make necessary arrangements for the discharge of the functions of such officer during his absence;

(v) To regulate and enforce discipline among employees in accordance with these Statutes and the Ordinances;

(vi) To manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the university, and for that purpose, to appoint such agents as it may think fit;

(vii) To fix limits on the total recurring and the total non-recurring expenditure for a year on the recommendations of the Finance Committee;

(viii) To invest any money belonging to the University, including any unapplied income, in such stocks, funds, shares or securities as it shall, from time to time, think fit, or in the purchase of immovable property in India, with the like powers of varying such investments from time to time;

(ix) To transfer or accept transfers of any movable or immovable property on behalf of the University;

(x) To provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University;

(xi) To enter into, vary, carry out and cancel contracts on behalf of the University;

(xii) To entertain, adjudicate upon, and, if thought fit, to redress any grievances of the employees and students of the University, who may, for any reason feel aggrieved;

(xiii) To appoint examiners and moderators and, if necessary to remove them, and to fix their fees, emoluments and travelling and other allowances, after consulting the Academic Council;

(xiv) To select a common seal for the University and provide for the custody and use of such seal;

(xv) To make such special arrangements as may be necessary for the residence and discipline of women students;

(xvi) To delegate any of its powers to the Vice-Chancellor, the Pro-Vice-Chancellors, the Registrar or the Finance Officer or such other employee or authority of the University or to a Committee appointed by it as it may deem fit;

(xvii) To institute fellowships, scholarships, studentships, medals and prizes; and

(xviii) To exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act, or these Statutes.

14. Quorum for meetings of the Academic Council.

Nine members of the Academic Council shall form a quorum for a meeting of the Academic Council.

15. Powers of the Academic Council.

Subject to this Act, these Statutes and the Ordinances, the Academic Council shall, in addition to all other powers vested in it, have the following powers, namely:-

(a) To exercise general supervision over the academic policies of the University and to give directions regarding methods of instruction, co-operative teaching among Colleges and Institutions, evaluation of research or improvements in academic standards;

(b) To bring about inter-School co-ordination, to establish or appoint Committees or Boards, for taking up projects on an inter-school basis;

(c) To consider matters of general academic interest either on its own initiative or on a reference by a School or the Executive Council and to take appropriate action thereon; and

(d) To frame such regulations and rules consistent with these Statutes and the Ordinances regarding the academic functioning of the University, discipline, residences, admissions, award of fellowships and studentships, fee concessions, corporate life and attendance.

16. The Planning Board.

(1) The Planning Board shall consist of the following members, namely:-

(i) The Vice-Chancellor, who shall be the Chairman of the Board; and

(ii) Not more than eight persons of high academic standing.

(2) The members of the Planning Board shall be appointed by the Visitor and shall hold office for such period as he may determine.

(3) The Planning Board shall, in addition to all other powers vested in it by this Act, have the right to advise the Executive Council and the Academic Council on any academic matter.

(4) On the date determined by the Visitor under sub-section (3) of section 23, this Statute shall cease to have effect.

17. Schools of Studies and departments.

(1) The University shall have such Schools of Studies as may be specified by the Ordinances.

(2) Every School shall have a School Board.The members of the first School Board shall be nominated by the Executive Council and shall hold office for a period of three years.

(3) The powers and functions of a School Board shall be prescribed by the Ordinances.

(4) The conduct of the meetings of a School Board and the quorum required for such meetings shall be prescribed by the Ordinances.

(5)

(a) Each School shall consist of such Departments as may be assigned to it by the Ordinances.

(b) No Department shall be established or abolished except by these Statutes:

Provided that the Executive Council may, on the recommendation of the Academic Council, establish Centres of Studies to which may be assigned such teachers of the University as the Executive Council may consider necessary.

(c) Each Department shall consist of the following members, namely:-

(i) Teachers of the Department;

(ii) Dean of the School or Deans of the Schools concerned;

(iii) Honorary Professors, if any, attached to the Department; and

(iv) Such other persons as may be members of the Department in accordance with the provisions of the Ordinances.

(d) The functions of a Department shall be prescribed by the Ordinances.

18. Boards of Studies.

(1) Each Department shall function as a Board of Studies.

(2) Notwithstanding anything contained in clause (1) the Academic Council may establish, by an Ordinance, such Board of Studies, as may be considered necessary for inter-disciplinary research.

(3) The function of the Board of Studies shall be prescribed by the Ordinances.

19. Finance Committee.

(1) The Finance Committee shall consist of the following members, namely:-

(i) The Vice-Chancellor;

(ii) A Pro-Vice-Chancellor appointed by the Executive Council;

(iii) Three persons nominated by the Executive Council, out of whom at least one shall be a member of the Executive Council; and

(iv) Three persons nominated by the Visitor.

(2) Five members of the Finance Committee shall form a quorum for a meeting of the Finance Committee.

(3) All the members of the Finance Committee, other than ex officio members, shall hold office for a term of three years.

(4) A member of the Finance Committee shall have the right to record a minute of dissent if he does not agree with any decision of the Finance Committee.

(5) The Finance Committee shall meet at least twice every year to examine the accounts and to scrutinise proposals for expenditure.

(6) The annual accounts and the financial estimates of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Executive Council for approval.

(7) The Finance Committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the University (which, in the case of productive works, may include the proceeds of loans).

20. Selection Committees.

(1) There shall be Selection Committees for making recommendations to the Executive Council for appointment to the posts of Professor, Reader, Lecturer, Librarian and Principals of Colleges and Institutions maintained by the University.

(2) The Selection Committee for appointment to the posts specified in column 1 of the Table below shall consist of the Vice-Chancellor, the Pro-Vice-Chancellor or if there are more than one Pro-Vice-Chancellor a Pro-Vice-Chancellor appointed by the Executive Council, a nominee of the Visitor and the persons specified in the corresponding entry in column 2 of the said Table and, in the case of appointment of a Professor, Reader or Lecturer in a Department where there is no Head of the Department, shall also consist of a person nominated by the Planning Board from amongst its members:

TABLE

1 2 Professor (i) The Head of the Depratment concemed, if the is a Professor (ii) One Professor to be nominated by the Vice—Chancellor (iii) Two Persons not in the service of the University, nominated by the Executive Counil, Out of a panel of names recommended by the Academic Council for their speacil knowledge Of or interest in the subject with which the Reader or Lecturer will be concerned. Librarian (i) Two persons not in the service of the University, who have special knowledge of the subject of Library Science or Library Administration to be nominated by the Executive Council. (ii) One person, not in the service of the University, nominated by the Executive council. Principal of College or Institution maintained by the University. Three persons not in the service of the University of whom two shall be nominated by the Executive Council and one by the Academic Council for their special knowledge of or interest in a subject in which instruction is being provided by the College or Institution.

NOTE

1. Where the appointment is being made for an inter-disciplinary project, the Head of the project shall be deemed to be the Head of the Department concerned.

NOTE 2. The Professor to be nominated shall be a Professor concerned with the speciality for which the selection is being made and that the Vice-Chancellor shall consult the Head of the Department and the Dean of School before nominating the Professor.

 (3) The Vice-Chancellor, or in his absence, the Pro-Vice-Chancellor or if there are more than one Pro-Vice-Chancellor, the senior-most Pro-Vice-Chancellor, shall preside at the meetings of a Selection Committee.

(4) The meetings of a Selection Committee shall be convened by the Vice-Chancellor or in his absence, by the Pro-Vice-Chancellor or if there are more than one Pro-Vice-Chancellor, the senior-most Pro-Vice-Chancellor.

(5) The procedure to be followed by a Selection Committee in making recommendations shall be laid down in the Ordinances.

(6) If the Executive Council is unable to accept the recommendations made by a Selection Committee, it shall record its reasons and submit the case to the Visitor for final orders.

(7) Appointments to temporary posts shall be made in the manner indicated below:-

(i) If the temporary vacancy is for a duration longer than one academic session, it shall be filled on the advice of the Selection Committee in accordance with the procedure indicated in the foregoing clauses:

Provided that if the Vice-Chancellor is satisfied that in the interests of work it is necessary to fill the vacancy, the appointment may be made on a purely temporary basis by a local Selection Committee referred to in sub-clause (ii) for a period not exceeding six months.

(ii) If the temporary vacancy is for a period less than a year, an appointment to such vacancy shall be made on the recommendation of a local Selection Committee consisting of the Dean of the School concerned, the Head of the Department and a nominee of the Vice-Chancellor:

Provided that if the same holds the offices of the Dean and the Head of the Department, the Selection

Committee may contain two nominees of the Vice-Chancellor:

Provided further that in case of sudden casual vacancies in teaching posts caused by death or any other reason, the Dean may, in consultation with the Head of the Department concerned make a temporary appointment for a month and report to the Vice-Chancellor and the Registrar about such appointment.

(iii) No teacher appointed temporarily shall, if he is not recommended by a regular Selection Committee for appointment under these Statutes, be continued in service on such temporary employment, unless he is subsequently selected by a local Selection Committee or a regular Selection Committee, for a temporary or permanent appointment, as the case may be.

21. Special mode of appointment.

(1) Notwithstanding anything contained in Statute 20, the Executive Council may invite a person of high academic distinction and professional attainments to accept a post of Professor in the University on such terms and conditions as it deems fit, and on the person agreeing to do so, appoint him to the post.

(2) The Executive Council may appoint a teacher or any other academic staff working in any other University or organisation for undertaking a joint project in accordance with the manner laid down in the Ordinances.

22. Appointment for a fixed tenure.

The Executive Council may appoint a person selected in accordance with the procedure laid down in Statute 20 for a fixed tenure on such terms and conditions as it deems fit.

23. Recognised teachers.

(1) The qualifications of recognised teachers shall be such as may be prescribed by the Ordinances.

(2) The manner of recognising teachers and withdrawal of such recognition shall be prescribed by the Ordinances.

(3) The period of recognition of a teacher shall be determined by Ordinances made in that behalf.

24. Committees.

Any authority of the University may appoint as many standing or special committees as it may deem fit, and may appoint to such committees persons who are not members of such authority.Any such committee may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing it.

25. Terms and conditions of service of University teachers.

(1) All the teachers of the University shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service as specified in these Statutes, the Ordinances and the Regulations.

(2) Every teacher of the University shall be appointed on a written contract, the form of which shall be prescribed by the Ordinances.A copy of the contract shall be deposited with the Registrar.

26. Seniority List.

(1) Whenever, in accordance with these Statutes, any person is to hold an office or be a member of an authority of the University by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade, and, in accordance with such other principles as the Executive Council may, from time to time, prescribe.

(2) It shall be the duty of the Registrar to prepare and maintain, in respect of each class of persons to whom the provisions of these Statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause (1).

(3) If two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in doubt, the Registrar may, on his own motion and shall, at the request of any such person, submit the matter to the Executive Council whose decision thereon shall be final.

27. Removal of teachers.

(1) Where there is an allegation of misconduct against a teacher, or a member of the academic staff, the Vice-Chancellor may, if he thinks fit, by order in writing, place the teacher under suspension and shall forthwith report to the Executive Council the circumstances in which the order was made:

Provided that the Executive Council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or a member of the academic staff, revoke such order.

(2) Notwithstanding anything contained in the terms of his contract of service or of his appointment, the Executive Council shall be entitled to remove a teacher or a member of the academic staff on the ground of misconduct.

(3) Save as aforesaid, the Executive Council shall not be entitled to remove a teacher or a member of the academic staff except for good cause and after giving three months’ notice in writing or on payment of three months’ salary in lieu of notice.

(4) No teacher or a member of the academic staff shall be removed under clause (2) or under clause (3) until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

(5) The removal of a teacher or a member of the academic staff shall require a two-thirds majority of the members of the Executive Council present and voting.

(6) The removal of a teacher or a member of the academic staff shall take effect from the date on which the order of removal is made:

Provided that where a teacher or a member of the academic staff is under suspension at the time of his removal, the removal shall take effect from the date on which he was placed under suspension.

(7) Notwithstanding anything contained in these Statutes, a teacher or a member of the academic staff may resign by giving three months’ notice in writing to the Executive Council or on payment to the University of three months’ salary in lieu thereof.

28. Removal of employees other than teachers of the University.

(1) Notwithstanding anything contained in the terms of his contract of service or of his appointment, an employee, other than a teacher or a member of the academic staff, may be removed by the authority which is competent to appoint the employee-

(a) If he is of unsound mind or is a deaf-mute or suffers from contagious leprosy;

(b) If he is an undischarged insolvent;

(c) If he has been convicted by a court of law of any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months;

(d) If he is otherwise guilty of misconduct;

Provided that no employee shall be removed from his office unless a resolution to that effect is passed by the Executive Council by a majority of two-thirds of its members present and voting.

(2) No employee shall be removed under clause (1) until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

(3) Where the removal of such employee is for a reason other than that specified in sub-clause (c) or sub-clause (d) of clause (1), he shall be given three months’ notice in writing or paid three months’ salary in lieu of such notice.

(4) Notwithstanding anything contained in these Statutes, an employee, not being a teacher or a member of the academic staff, shall be entitled to resign,-

(i) If he is a permanent employee, only after giving three months’ notice in writing to the appointing authority or paying to the University three months’ salary in lieu thereof;

(ii) If he is not a permanent employee, only after the giving one month’s notice in writing to the appointing authority or paying to the University one month’s salary in lieu thereof:

Provided that such resignation shall take effect from the date on which the resignation in accepted by the appointing authority.

29. Honorary degrees.

(1) The Executive Council may, on the recommendation of the Academic Council and by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to the Visitor for the conferment of honorary degrees:

Provided that in case of emergency, the Executive Council may, on its own, make such proposals.

(2) The Executive Council may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the Visitor, any honorary degree conferred by the University.

30. Withdrawal of degrees etc.

The Executive Council may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw any degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the University for good and sufficient cause:

Provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon him to show cause within such time as may be specified in the notice why such a resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the Executive Council.

31. Maintenance of discipline among students of the University.

(1) All powers relating to discipline and disciplinary action in relation to students of the University shall vest in the Vice-Chancellor.

(2) The Vice-Chancellor may delegate all or any of his powers as he deems proper to a Proctor and to such other officers as he may specify in this behalf.

(3) Without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of discipline, the Vice-Chancellor may, in the exercise of his powers, by order, direct that any student or students be expelled, or rusticated, for a specified period, or be not admitted to a course or courses of study in a College, Institution or Department of the University for a stated period, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the University, College, Institution or a Department for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be cancelled.

(4) The Principals of Colleges, Institutions, Heads of Special Centres, Deans of Schools of Studies and Heads of teaching Departments in the University shall have the authority to exercise all such disciplinary powers over the students in their respective Colleges, Institutions, Special Centres, Schools and teaching Departments in the University as may be necessary for the proper conduct of such Colleges, Institutions, Special Centres, Schools and teaching in the Departments.

(5) Without prejudice to the powers of the Vice-Chancellor, the Principals and other persons specified in clause (4), detailed rules of discipline and proper conduct shall be made by the University.The Principals of Colleges, Institutions, Heads of Special Centres, Deans of Schools of Studies and Heads of teaching Departments in the University may also make the supplementary rules as they deem necessary for the aforesaid purposes.Every student shall be supplied with a copy of the rules made by the University and a copy of the supplementary rules shall be supplied to the students concerned.

(6) At the time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and other authorities of the University.

32. Convocations.

Convocations of the University for the conferring of degrees or for other purposes shall be held in such manner as may be prescribed by the Ordinances.

33. Acting Chairman of meetings.

Where no provision is made for a President or Chairman to preside over a meeting of any authority of the University or any Committee of such authority or when the President or Chairman so provided for is absent, the members present shall elect one from among themselves to preside at such meeting.

34. Resignation.

Any member, other than an ex officio member of the Court, the Executive Council, the Academic Council or any other authority of the University or any Committee of such authority may resign by letter addressed to the Registrar and the resignation shall take effect as soon as such letter is received by the Registrar.

35. Disqualifications.

(1) A person shall be disqualified for being chosen as, and for being, a member of any of the authorities of the University-

(a) If he is of unsound mind or is a deaf-mute or suffers from contagious leprosy;

(b) If he is an undischarged insolvent;

(c) If he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months.

(2) If any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of the Visitor and his decision shall be final and no suit or other proceeding shall lie in any civil court against such decision.

36. Residence condition for membership and office.

Notwithstanding anything contained in these Statutes, no person who is not ordinarily resident in India shall be eligible to be an officer of the University or a member of any authority of the University.

37. Membership of authorities by virtue of membership of other bodies.

Notwithstanding anything contained in these Statutes, a person who holds any post in the University or is a member of any authority or body of the University in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be.

38. Ordinances how made.

(1) The first Ordinances made under sub-section (2) of section 26 may be amended, repealed or added to at any time by the Executive Council in the manner specified below.

(2) No Ordinance in respect of the matters enumerated in section 26, other than those enumerated in clause (o) of sub-section (1) thereof, shall be made by the Executive Council unless a draft of such Ordinance has been proposed by the Academic Council.

(3) The Executive Council shall not have power to amend any draft of any Ordinance proposed by the Academic Council under clause (2), but may reject the proposal or return the draft to the Academic Council for re-consideration, either in whole or in part, together with any amendment which the Executive Council may suggest.

(4) Where the Executive Council has rejected or returned the draft of an Ordinance proposed by the Academic Council, the Academic Council may consider the question afresh and in case the original draft is re-affirmed by a majority of not less than two-thirds of the members present and voting and more than half the total number of members of the Academic Council, the draft may be sent back to the Executive Council which shall either adopt it or refer it to the Visitor whose decision shall be final.

(5) Every Ordinance made by the Executive Council shall come into effect immediately.

(6) Every Ordinance made by the Executive Council shall be submitted to the Visitor within two weeks from the date of its adoption. The Visitor shall have the power to direct the University within four weeks of the receipt of the Ordinance to suspend the operation of any such Ordinance and he shall, as soon as possible, inform the Executive Council about his objection to the proposed Ordinance. The Visitor may, after receiving the comments of the University, either withdraw the order suspending the Ordinance or disallow the Ordinance, and his decision shall be final.

39. Regulations.

(1) The authorities of the University may make Regulations consistent with this Act, and these Statutes and the Ordinances:-

(a) Laying down the procedure to be observed at their meetings and the number of members required to form a quorum;

(b) Providing for all matters which are required by this Act, these Statutes or the Ordinances to be prescribed by Regulations;

(c) Providing for all other matters solely concerning such authorities or committees appointed by them and not provided for by this Act, these Statutes or the 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 considered at meetings and for the keeping of a record of the proceedings of meetings.

(3) The Executive Council may direct the amendment in such manner as it may specify, of any Regulation made under this Statute or the annulment of any such Regulation.

40. Delegation of powers.

Subject to the provisions of this Act and these Statutes, any officer or authority of the University may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest an the officer or authority delegating such powers.

Bydeb

University of Allahabad Act, 2005

Section 1. Short title and commencement

UNIVERSITY OF ALLAHABAD ACT, 20051

[No. 26 OF 2005]

An Act to declare the University of Allahabad to be an institution of national importance and to provide for its incorporation and matters connected therewith or incidental thereto

Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follow:-

Prefatory Note-Statement of Objects and Reasons.-The University of Allahabad was incorporated and established as a central university under the Allahabad University Act, 1887. Consequent upon implementation of the Government of India Act, 1919 classifying education as a provincial subject, the University became a provincial university in 1921 and was reorganized as a unitary, teaching and residential university under the Allahabad University Act, 1921. Presently, it is governed by the Uttar Pradesh State Universities Act, 1973 (U.P. Act No. 10 of 1973).

2. The University demonstrated excellence in academics and research over the years but of late, it has started facing difficulties owing to a number of reasons and the need for restoration of its central university status and its declaration to be an institution of national importance has been felt for quite some time. It is expected that restoration of its central university status would help in strengthening this prestigious university and improving the quality of teaching and research.

3. The Bill seeks to achieve the above objectives.

——————–

1. Received the assent of the President on June 23, 2005 and published in the Gazette of India, Extra., Part II, Section 1

(1) This Act may be called the University of Allahabad Act, 2005.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.

Section 2. Declaration of University of Allahabad as Institution of national importance

Whereas the objects of the University of Allahabad in the State of Uttar Pradesh are such as to make it an Institution of national importance, it is hereby declared that the said University is an Institution of national importance.

Section 3. Definitions

In this Act, and in all Statutes made hereunder, unless the context otherwise requires,-

(a) “Academic Council” means the Academic Council of the University;

(b) “academic staff means such categories of staff as are designated as academic staff by the Statutes;

(c) “appointed day” means the date of establishment of the University of Allahabad under sub-section (1) of Section 4;

(d) “Centre” means a unit of the University or of a University Institute providing teaching, consultancy and research facilities;

(e) “Chancellor” means the Chancellor of the University appointed under

(f) “Constituent College” means a college prescribed as such by the Statutes;

(g) “Constituent Institute” means an Institute prescribed as such by the Statutes;

(h) “Court” means the Court of the University;

(i) “Department” means a Department of a Faculty;

(j) “Director” means the head of a University Institute or Constituent Institute;

(k) “employee” means any person appointed by the University and includes teachers and other staff of the University;

(l) “Executive Council” means the Executive Council of the University;

(m) “Faculty” means a Faculty of the University;

(n) “Finance Officer” means the Finance Officer of the University appointed under Section 18;

(o) “Ordinances” means the Ordinances of the University;

(p) “Principal” means the head of a University College or a Constituent College;

(q) “Pro-Vice-Chancellor” means the Pro-Vice-Chancellor of the University appointed under Section 15;

(r) “Registrar” means the Registrar of the University appointed under Section 17;

(s) “Regulations” means the Regulations of the University;

(t) “Statutes” means the Statutes of the University;

(u) “teacher” means Professors, Readers and Lecturers appointed or recognised by the University;

(v) “University” means the University of Allahabad established and incorporated under Section 4;

(w) “University appointed teacher” means a teacher appointed by the University for imparting instruction and conducting research in the University or any college or institution maintained by the University;

(x) “University College” means a college or an institution maintained by the University or admitted to the privileges of the University as a Faculty;

(y) “University Institute” means an Institute, established and maintained by the University;

(z) “University recognized teacher” means a teacher recognized by the University for imparting instruction and conducting research in a college or institution admitted to the privileges of the University; and

(za) “Vice-Chancellor” means the Vice-Chancellor of the University appointed under Section 14.

Section 4. Incorporation of University of Allahabad

(1) The University of Allahabad in the State of Uttar Pradesh, established under the Uttar Pradesh State Universities Act, 1973, (President’s Act 10 of 1973) shall be established as a body corporate under this Act having perpetual succession and a common seal and shall sue and be sued by the said name.

(2) The first Chancellor, the first Vice-Chancellor and the first members of the Court, the Executive Council and the Academic Council, and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, shall constitute the University.

(3) The headquarters of the University shall be at Allahabad.

Section 5. Effect of incorporation of Allahabad University

On and from the appointed day,-

(a) any reference to the University of Allahabad in any law (other than this Act) or in any contract or other instrument shall be deemed as a reference to the University;

(b) all properties, movable and immovable, of or belonging to the University of Allahabad shall vest in the University;

(c) all rights and liabilities of the University of Allahabad shall be transferred to, and be the rights and liabilities of, the University.

(d) every person employed by the University of Allahabad immediately before the appointed day shall hold his office or service in the University by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this Act had not been passed, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the Statutes :

Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the University in accordance with the term of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the University of compensation equivalent to three months’ remuneration in case of permanent employees and one month’s remuneration in the case of other employees :

Provided further that every person employed before the appointed day, pending the execution of a contract under Section 34, shall be deemed to have been appointed in accordance with the provisions of a contract consistent with the provisions of this Act and the Statutes :

Provided also that any reference, by whatever form of words, to the Vice-Chancellor and Pro-Vice-Chancellor of the University of Allahabad in any law for the time being in force, or in any instrument or other document, shall be construed as a reference respectively to the Vice-Chancellor and the Pro-Vice-Chancellor of the University;

(e) The Vice-Chancellor of the University, appointed under the provisions of the Uttar Pradesh State Universities Act, 1973 (President’s Act 10 of 1973) shall be deemed to have been appointed as the Vice-Chancellor under this Act, and shall hold office for a period of three months or till such time the Vice-Chancellor is appointed, whichever is earlier.

Section 6. Objects of University

The objects of the University shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit; to make provisions for integrated courses in the humanities, the social sciences, the basic and applied science and technology in the educational programmes of the University; to take appropriate measures for promoting innovations in teaching-learning process, inter-disciplinary and professional studies and research, removal of gender disparities and the digital divide and the application of knowledge to social advancement, national progress and human welfare; and to educate and train human resource for the development of the country.

Section 7. Powers of University

The University shall have the following powers, namely:-

(i) to provide for instruction in such branches of learning as the University may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge;

(ii) to grant, subject to such conditions as the University may determine, diplomas or certificates and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;

(iii) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes;

(iv) to organise and to undertake open learning programmes, extramural studies, training and extension services;

(v) to institute Chairs, Principalships, Professorships, Readerships and Lecturerships and other teaching and academic positions, required by the University and to appoint persons to such Chairs, Principalships, Professorships, Readerships and Lecturerships and other teaching and academic positions;

(vi) to recognize persons as University recognized teachers;

(vii) to declare persons working in any other University or organisation, as teachers of the University;

(viii) to appoint, on contract or otherwise, visiting Professors, Emeritus Professors, Consultants, Scholars and such other persons who may contribute to the advancement of the objects of the University;

(ix) to create administrative, ministerial and other posts and to make appointments thereto;

(x) to lay down conditions of service of all categories of employees, including their code of conduct;

(xi) to establish and maintain University Colleges and University Institutes for imparting instruction and conducting research;

(xii) to admit to its privileges colleges and institutions situated within the territorial jurisdiction of the University, as University Colleges, Constituent Institutes and Constituent Colleges, and to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the Statutes;

(xiii) to confer autonomous status on a college or an institution or a Department, as the case may be, and to withdraw such status, in accordance with the Statutes;

(xiv) to co-operate or collaborate or associate with any other University or authority or institution of higher learning in such manner as may be prescribed and for such purposes as the University may determine;

(xv) to determine standards of admission, including examination, evaluation or any other method of testing, to the University, and the institutions maintained by or admitted to the privileges of the University;

(xvi) to demand and receive payment of fees and other charges;

(xvii) to establish and recognise hostels and supervise the residence of the students of the University, make arrangements for promoting their health and general welfare and guide the Constituent Colleges and the Constituent Institutes to like ends in respect of the students enrolled thereat;

(xviii) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the University to be necessary;

(xix) to institute and award fellowships, scholarships, studentships, medals and prizes;

(xx) to receive benefactions, donations and gifts and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties, for the purposes of the University :

Provided that no immovable property shall be disposed of except with the prior approval of the Central Government;

(xxi) to borrow, with the approval of the Central Government, on the security of the property of the University, money for the purposes of the University; and

(xxii) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University.

Section 8. Jurisdiction

(1) Save as otherwise provided by this Act, the powers conferred on the University shall be exercisable in respect of the area within a radius of sixteen kilometres from the Convocation Hall of the University, without prejudice to the territorial jurisdiction over the said area that may be assigned to any other University.

(2) On and from the appointed day, all institutions admitted to the privileges of, or maintained by, the University of Allahabad as incorporated under the Uttar Pradesh State Universities Act, 1973 (President’s Act 10 of 1973) shall stand admitted to the privileges of, or maintained by, the University and shall be governed by such conditions as may be prescribed by Statutes.

Section 9. University open to all persons irrespective of gender, class or creed

The University shall be open to all persons of either sex and of whatever caste, creed, race or class and it shall not be lawful for the University to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the University or to hold any office therein or be admitted as a student in the University or to graduate threat or to enjoy or exercise any privilege thereof:

Provided that nothing in this section shall be deemed to prevent the University from making special provisions for the employment or admission of women, physically handicapped or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes and the Scheduled Tribes.

Section 10. The Visitor

(1) The President of India shall be the Visitor of the University.

(2) The Visitor may, from time to time, appoint one or more persons to review the work and progress of the University, including the colleges and institutions maintained by it, and to submit a report thereon; and upon receipt of such report, the Visitor may, after obtaining the views of the Executive Council thereon through the Vice-Chancellor, take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the University shall be bound to comply with such directions.

(3) The Visitor shall have the right to cause an inspection to be made, by such person or persons as he may direct, of the University, its buildings, libraries, laboratories and equipment, and of any college or institution maintained by the University or admitted to its privileges; and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University, and the said colleges and institutions.

(4) The Visitor shall, in every matter referred to in sub-section (3), give notice of his intention to cause an inspection or inquiry to be made-

(a) to the University, if such inspection or inquiry is to be made in respect of the University or any college or institution maintained by it, or

(b) to the Management of the college or institution, if the inspection or inquiry is to be made in respect of a college or institution admitted to the privileges of the University, and the University or the Management, as the case may be, shall have the right to make such representations to the Visitor, as it may consider necessary.

(5) After considering the representations, if any, made by the University or the Management, as the case may be, the Visitor may cause to be made such inspection or inquiry as is referred to in sub-section (3).

(6) Where any inspection or inquiry has been caused to be made by the Visitor, the University or the Management shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry.

(7) The Visitor may, if the inspection or inquiry is made in respect of the University or any college or institution maintained by it, address the Vice-Chancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the Visitor may be pleased to offer, and on receipt of address made by the Visitor, the Vice-Chancellor shall communicate to the Executive Council, the views of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon.

(8) The Visitor may, if the inspection or inquiry is made in respect of any college or institution admitted to the privileges of the University, address the Management concerned through the Vice-Chancellor with reference to the result of such inspection or inquiry, his views thereon and such advice as he may be pleased to offer upon the action to be taken thereon.

(9) The Executive Council or the Management, as the case may be, communicate, through the Vice-Chancellor to the Visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry.

(10) Where, the Executive Council or the Management, as the case may be, does not, within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Executive Council or the Management, issue such directions as he may think fit and the Executive Council or the Management, as the case may be, shall comply with such directions.

(11) Without prejudice to the foregoing provisions of this section, the Visitor may, by order in writing, annal any proceeding of the University which is not in conformity with the Act or the Statutes or the Ordinances :

Provided that before making any such order, the Visitor shall call upon the Registrar to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same.

(12) The Visitor shall have such other powers as may be prescribed by the Statutes.

Section 11. The Chief Rector

The Governor of the State of Uttar Pradesh shall be the Chief Rector of the University.

Section 12. Officers of University

The following shall be the officers of the University,-

(1) the Chancellor;

(2) the Vice-Chancellor;

(3) the Pro-Vice-Chancellor;

(4) The Dean of Faculties;

(5) the Registrar;

(6) the Finance Officer; and

(7) such other officers as may be declared by the Statutes to be officers of the University.

Section 13. The Chancellor

(1) The Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.

(2) The Chancellor shall, by virtue of his office, be the head of the University and shall, if present, preside at the Convocations of the University held for conferring degrees and meetings of the Court.

Section 14. The Vice-Chancellor

(1) The Vice-Chancellor shall be appointed by the Visitor in such manner and on such terms and conditions of service as may be prescribed by the Statutes.

(2) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University.

(3) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority at its next meeting the action taken by him on such matter:

Provided that such exercise of power shall be made only in emergent situations and in no case in respect of creation and upgradation of posts and appointments thereto :

Provided further that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the Visitor whose decision thereon shall be final:

Provided also that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to appeal against such action to the Executive Council within three months from the date on which decision on such action is communicated to him and thereupon the Executive Council may confirm, modify or reverse the action taken by the Vice-Chancellor.

(4) The Vice-Chancellor, if he is of the opinion that any decision of any authority of the University is beyond the powers of the authority conferred by the provisions of this Act, the Statutes or the Ordinances or that any decision taken is not in the interest of the University, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the Visitor whose decision thereon shall be final.

(5) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Ordinances.

Section 15. The Pro-Vice-Chancellor

The Pro-Vice-Chancellor shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.

Section 16. The Deans of Faculties

Every Dean of Faculty shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.

Section 17. The Registrar

(1) The Registrar shall be appointed in such manner and on such terms and conditions of service as may be prescribed by the Statutes.

(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 powers and perform such duties as may be prescribed by the Statutes.

Section 18. The Finance Officer

The Finance Officer shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.

Section 19. Other Officers

The manner of appointment and powers and duties of other officers of the University shall be prescribed by the Statutes.

Section 20. Authorities of University

The following shall be the authorities of the University,-

(1) The Court;

(2) The Executive Council;

(3) The Academic Council;

(4) The Boards of Faculties;

(5) The Finance Committee; and

(6) such other authorities as may be declared by the Statutes to be authorities of the University.

Section 21. The Court

(1) The constitution of the Court and the term of office of its members shall be prescribed by the Statutes.

(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 to suggest measures for the improvement and development of the University;

(b) to consider and pass resolutions on the annual report and annual accounts of the University and the audit report on such accounts;

(c) to advise the Visitor in respect of any matter which may be referred to it for advice; and

(d) to perform such other functions as may be prescribed by the Statutes.

Section 22. The Executive Council

(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 functions shall be prescribed by the Statutes.

Section 23. The Academic Council

(1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and the Ordinances, 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 functions shall be prescribed by the Statutes.

Section 24. The Finance Committee

The constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes.

Section 25. Other authorities

The constitution, powers and functions of the Boards of Faculties and such other authorities as may be declared by the Statutes to be authorities of the University shall be prescribed by the Statutes.

Section 26. The Faculties and Departments

(1) The University shall have such Faculties as are prescribed by the Statutes.

(2) Each Faculty shall have such Department as are prescribed by the Statutes, and each Department shall have such subjects of study as may be assigned to it by the Ordinances.

Section 27. Power to make Statutes

Subject to the provisions of this Act, the Statutes 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 and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide;

(c) the appointment, powers and duties of the officers of the University and their emoluments and conditions of service;

(d) the appointment of teachers, academic staff and other employees of the University, their emoluments and conditions of service;

(e) the recognition of persons as University recognised teachers;

(f) the declaration of persons working in other Universities or other organisations as teachers of the University for a specified period;

(g) the conditions of service of employees of the University including provisions for pension, insurance and provident fund, the manner of termination of service and disciplinary action relating to such employees;

(h) the principles governing the seniority of service of the employees of the University;

(i) the procedure for arbitration in cases of dispute between employees or students and the University;

(j) the procedure for appeal to the Executive Council by any employee or student against the action of any officer or authority of the University;

(k) the conditions under which colleges and institutions may be admitted to the privileges of the University and the withdrawal of such privileges;

(l) the establishment and abolition of Faculties, Departments, University Institutes, Centres and University Colleges;

(m) the conferment of autonomous status on a college or institution or a Department and the withdrawal of such status;

(n) the conferment of honorary degrees;

(o) the withdrawal of degrees, diplomas, certificates and other academic distinctions;

(p) the registration of graduates;

(q) the delegation of powers vested in the authorities or officers of the University;

(r) the maintenance of discipline among the employees and students; and

(s) all other matters which by this Act are to be or may be provided for by the Statutes.

Section 28. Statutes, how to be made

(1) The First Statutes are those set out in the Schedule.

(2) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1):

Provided that the Executive Council shall not make, amend or repeal any Statute affecting the status, 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.

(3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the assent of the Visitor who may assent thereto or withhold assent or remit to the Executive Council for re-consideration.

(4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor.

(5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may make new or additional Statutes, or amend or repeal the Statutes referred to in sub-section (1), during the period of three years immediately after the commencement of this Act:

Provided that the Visitor may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed Statutes as he may consider necessary and such detailed Statutes shall be laid before both Houses of Parliament.

(6) Notwithstanding anything contained in this section, the Visitor 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 direction within sixty days of its receipt, the Visitor 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 suitably.

Section 29. Power to make Ordinances

(1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:-

(a) the admission and enrolment of students to the University and institutions maintained by or admitted to the privileges of the University;

(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 degrees, diplomas, certificates 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 and diplomas of the University;

(f) the institution of, and conditions for 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 students of the University;

(i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them;

(j) the establishment of Centres, University Institutes, Boards of Studies, Specialised Laboratories and Committees;

(k) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;

(l) the manner of co-operation and collaboration with other Universities, Institutions and other Agencies including learned bodies or associations;

(m) the setting up of a machinery for redressal of grievances of employees; and

(n) all other matter which by this Act or the Statutes, are to be or may be, provided for by the Ordinances.

(2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Central Government and the Ordinances so made may be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes.

Section 30. Regulations

The authorities of the University may make Regulations consistent with this Act, the Statutes and the Ordinances for the conduct of their own business and that of the Committees, if any, appointed by them and not provided for by this Act, the Statutes or the Ordinances and for such matters as may be prescribed by the Statutes or the Ordinances.

Section 31. Annual report

(1) The annual report of the University shall be prepared under the direction of the Executive Council, which shall include, among other matters, the steps taken by the University towards the fulfilment of its objects and shall be submitted to the Court on or after such date as may be prescribed by the Statutes and the Court shall consider the report in its annual meeting.

(2) The Court shall submit the annual report to the Visitor along with its comments, if any.

(3) A copy of the annual report, as prepared under sub-section (1), shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament.

Section 32. Accounts and audit

(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 the Comptroller and Auditor General of India or by such persons as he may authorise in this behalf.

(2) A copy of the annual accounts together with the audit report thereon shall be submitted to the Court and the Visitor along with the observations of the Executive Council.

(3) Any observations made by the Visitor on the annual accounts shall be brought to the notice of the Court and the observations of the Court, if any, shall, after being considered by the Executive Council, be submitted to the Visitor.

(4) A copy of the annual accounts together with the audit report as submitted to the Visitor, shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament.

(5) The audited annual accounts after having been laid before both Houses of Parliament shall be published in the Gazette of India.

Section 33. Furnishing returns, etc

The University shall furnish to the Central Government such returns or other information with respect to its property or activities as the Central Government may, from time to time, require.

Section 34. Conditions of service of employees

(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 Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the employee concerned and an umpire appointed by the Visitor.

(3) The decision of the Tribunal shall be final and no suit shall lie in any civil court in respect of the matters decided by the Tribunal.

(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 Tribunal shall be prescribed by the Statutes.

Section 35. Procedure of appeal and arbitration in disciplinary cases against students

(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 Vice-Chancellor, Discipline Committee or Examination Committee, 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 orders or copy of such resolution by him, appeal to the Executive Council and the Executive Council may confirm, modify or reverse the decision of the Vice-Chancellor or the Committee, as the case may be.

(2) Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-sections (2), (3), (4) and (5) of Section 34 shall, as far as may be, apply to a reference made under this sub-section.

Section 36. Right to appeal

Every employee or student of the University or of an Institution maintained by the University or admitted to its privileges shall, notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed by the Statutes, to the Executive Council against the decision of any officer or authority of the University, and thereupon the Executive Council may confirm, modify or reverse the decision appealed against.

Section 37. Provident and pension funds

(1) The University shall constitute for the benefit of its employees such provident fund or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes.

(2) Where such provident fund or pension 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.

Section 38. Disputes as to constitution of University authorities and bodies

If any question arises as to whether any person has been duly appointed or elected as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Visitor whose decision thereon shall be final.

Section 39. Filling of casual vacancies

All casual vacancies among the members, other than ex officio members, of any authority or other body of the University shall be filled, as soon as may be, by the person or body who appoints, elects or co-opts the member whose place has become vacant and person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been member.

Section 40. Proceedings of University authorities or bodies 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.

Section 41. Protection of action taken in good faith

No suit or other legal proceeding 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.

Section 42. Mode of proof of University record

Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) 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.

Section 43. 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 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 commencement of this Act.

(2) Every order made under sub-section (1) 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 order or both Houses agree that the order should not be made, the 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 under that order.

Section 44. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament

(1) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette.

(2) Every Statute, Ordinance or Regulation 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, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation 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, Ordinance or Regulation.

(3) The power to make Statutes, Ordinances or Regulations shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this Act, to the Statute, Ordinance or Regulations or any of them but no retrospective effect shall be given to any Statute, Ordinance or Regulation so as to prejudicially affect the interests of any person to whom such Statute, Ordinance or Regulation may be applicable.

Section 45. Transitional provisions

(1) Notwithstanding anything contained in this Act and the Statutes,-

(a) the first Chancellor and the first Vice-Chancellor shall be appointed by the Central Government in such manner and on such conditions as may be deemed fit and each of the said officers shall hold office for such term, not exceeding five years, as may be specified by the Central Government;

(b) the first Registrar and the first Finance Officer shall be appointed by the Central Government and each of the said officers shall hold office for a term of three years;

(c) the first Court and the first Executive Council shall consist of not more than thirty-one members and fifteen members, respectively, who shall be nominated by the Central Government and shall hold office for a term of three years;

(d) the first Academic Council shall consist of not more than thirty-one members, who shall be nominated by the Central Government and shall hold office for a term of three years :

Provided that if any vacancy occurs in the abovementioned offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the Central Government, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office if such vacancy had not occurred.

(2) Till such time as the first Ordinances are not made under sub-section (2) of Section 29, in respect of the matters that are to be provided for by the Ordinances under this Act and Statutes, the relevant provisions of the Statutes and the Ordinances made immediately before the commencement of this Act under the provisions of the Uttar Pradesh State Universities Act, 1973 (President’s Act 10 of 1973) shall be applicable insofar as they are not inconsistent with the provisions of this Act and the Statutes.

Section 46. Amendment of President’s Act 10 of 1973

(1) In the Uttar Pradesh State Universities Act, 1973,-

(a) the word “Allahabad”, except in clause (b) of sub-section (2) of Section 12, subsection (1) of Section 31-B, clause (b) of sub-section (1) of Section 74, clause (j) of sub-section (3) of Section 74, and entries relating to Serial No. 5 in the Schedule, wherever it occurs, shall be omitted.

(b) in the Schedule, Serial No. 2 and the entries relating thereto shall be omitted.

(2) Notwithstanding such omission,-

(a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done (including the registration of graduates) under the Uttar Pradesh State Universities Act, 1973 (President’s Act 10 of 1973), shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this Act and, except as otherwise provided by or this Act or the Statutes, continue in force unless and until they are superseded by any order made under this Act or the Statutes; and

(b) all proceedings of Selection Committees for the appointment or promotion of teachers that took place before the commencement of this Act and all actions of the Executive Council in respect of the recommendations of such Selection Committees where no orders of appointment on the basis thereof were passed before the commencement of this Act shall, notwithstanding that the procedure for selection has been modified by this Act, be deemed to have been valid but further proceeding in connection with such pending selections shall be taken in accordance with the provisions of this Act and be continued from the stage where they stood immediately before such commencement, except if the concerned authorities take, with the approval of the Visitor, a decision to the contrary.

THE SCHEDULE

(See Section 28)

The Statutes of the University

1. The Chancellor.-

(1) The Chancellor shall be appointed by the Visitor from a panel of not less than three persons recommended by the Executive Council from amongst persons of eminence in the academic or public life of the country :

Provided that if the Visitor does not approve of any of the persons so recommended, he may call for fresh recommendations from the Executive Council.

(2) The Chancellor shall hold office for a term of five years and shall not be eligible for re-appointment: Provided that notwithstanding the expiry of his term of office the Chancellor shall continue to hold office until his successor enters upon his office.

2. The Vice-Chancellor.-

(1) The Vice-Chancellor shall be appointed by the Visitor from a panel of not less than three persons who shall be recommended by a Committee as constituted under clause (2):

Provided that if the Visitor does not approve of any of the persons included in the panel, he may call for an extended or a fresh panel.

(2) The Committee referred to in clause (1) shall consist of three persons, out of whom two shall be nominated by the Executive Council and one by the Visitor and the nominee of the Visitor shall be the convener of the Committee:

Provided that none of the members of the Committee shall be an employee of the University or an institution maintained by, or admitted to the privileges of, the University or a member of any authority of the University.

(3) The Vice-Chancellor shall be a whole-time salaried officer of the University.

(4) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of sixty-five years, whichever is earlier, and he shall not be eligible for re-appointment :

Provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor is appointed and enters upon his office :

Provided further that the Visitor may direct any Vice-Chancellor after his term has expired, to continue in office for such period, not exceeding a total period of one year, as may be specified by him or till his successor is appointed and enters upon his office, whichever is earlier.

(5) The emoluments and other conditions of service of the Vice-Chancellor shall be as follows:-

(i) The Vice-Chancellor shall be paid a monthly salary and allowances, other than house rent allowance, at the rates fixed by the Central Government from time to time and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the Vice-Chancellor in respect of the maintenance of such residence;

(ii) The Vice-Chancel for shall be entitled to such terminal benefits and allowances as may be fixed by the Central Government from time to time :

Provided that where an employee of the University, or a college or an institution maintained by, or admitted to the privileges of, the University, or of any other University or any college or institution maintained by or admitted to the privileges of, such other University, is appointed as the Vice-Chancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the University shall contribute to the account of such person in that provident fund at the same rate at which the person had been contributing immediately before his appointment as the Vice-Chancellor:

Provided further that where such employee had been member of any pension scheme, the University shall make the necessary contribution to such scheme.

(iii) the Vice-Chancellor shall be entitled to travelling allowance at such rates as may be fixed by the Executive Council;

(iv) the Vice-Chancellor shall be entitled to leave on full pay at the rate of thirty days in a calendar year and the leave shall be credited to his account in advance in two half-yearly instalments of fifteen days each on the first day of January and July every year :

Provided that if the Vice-Chancellor assumes or relinquishes charge of the office of the Vice-Chancellor during the currency of a half year, the leave shall be credited proportionately at the rate of two and-a-half days for each completed month of service.

(v) in addition to the leave referred to in sub-clause (iv), the Vice-Chancellor shall also be entitled to half-pay leave at the rate of twenty days for each completed year of service, and half-pay leave may also be availed of as commuted leave on full pay on medical certificate :

Provided that when such commuted leave is availed of, twice the amount of half-pay leave shall be debited against half-pay leave due.

(6) If the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise, or if he is unable to perform his duties due to ill-health or any other cause, the Pro-Vice-Chancellor shall perform the duties of the Vice-Chancellor :

Provided that if the Pro-Vice-Chancellor is not available, the senior most Professor shall perform the duties of the Vice-Chancellor until a new Vice-Chancellor assumes office or until the existing Vice-Chancellor resumes the duties of his office, as the case may be.

3. Powers and duties of the Vice-Chancellor.-

(1) The Vice-Chancellor shall be ex officio Chairman of the Executive Council, the Academic Council and the Finance Committee and shall, in the absence of the Chancellor, preside at the Convocations held for conferring degrees and at meetings of the Court.

(2) The Vice-Chancellor shall be entitled to be present at, and address, any meeting of any authority or other body of the University, but shall not be entitled to vote thereat unless he is a member of such authority or body.

(3) It shall be the duty of the Vice-Chancellor to see that this Act, the Statutes, the Ordinances and the Regulations are duly observed and he shall have all the powers necessary to ensure such observance.

(4) The Vice-Chancellor shall have all the powers necessary for the proper maintenance of discipline in the University and he may delegate any such powers to such person or persons as he deems fit.

(5) The Vice-Chancellor shall have the power to convene or cause to be convened the meetings of the Executive Council, the Academic Council and the Finance Committee.

4. Pro-Vice-Chancellor.-

(1) The Pro-Vice-Chancellor shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor:

Provided that where the recommendation of the Vice-Chancellor is not accepted by the Executive Council, the matter shall be referred to the Visitor who may either appoint the person recommended by the Vice-Chancellor or ask the Vice-Chancellor to recommend another person to the Executive Council:

Provided further that the Executive Council may, on the recommendation of the Vice-Chancellor, appoint a Professor to discharge the duties of a Pro-Vice-Chancellor in addition to his own duties as a Professor.

(2) The term of office of a Pro-Vice-Chancellor shall be such as may be decided by the Executive Council but it shall not in any case exceed five years or until the expiration of the term of office of the Vice-Chancellor whichever is earlier:

Provided that a Pro-V ice-Chancellor whose term of office has expired shall be eligible for re-appointment :

Provided further that, in any case, a Pro-Vice-Chancellor shall retire on attaining the age of sixty-five years :

Provided also that a Pro-Vice-Chancellor shall, while discharging the duties of the Vice-Chancellor under clause (6) of Statute 1, continue in office notwithstanding the expiration of his term of office as Pro-Vice-Chancellor, until the Vice-Chancellor resumes office or a new Vice-Chancellor assumes office, as the case may be.

(3) The emoluments and other terms and conditions of service of a Pro-Vice-Chancellor shall be such as may be prescribed by the Ordinances.

(4) The Pro-Vice-Chancellor shall assist the Vice-Chancellor in respect of such matters as may be specified by the Vice-Chancellor in this behalf, from time to time, and shall also exercise such powers and perform such duties as may be assigned or delegated to him by the Vice-Chancellor.

5. Deans of Faculties.-

(1) Every Dean of Faculty shall be appointed by the Vice-Chancellor from amongst the Professors in the Faculty by rotation in the order of seniority for a period of three years :

Provided that in case there is only one Professor or no Professor in a Faculty, the Dean shall be appointed, for the time being, from amongst the Professor, if any, and the Readers in the Faculty by rotation in the order of seniority :

Provided further that in the case of a Faculty comprising a University College, the Principal of such University College shall be the ex officio Dean of the Faculty.

(2) When the office of the Dean is vacant or when the Dean is, by reason of illness, absence or any other cause, unable to perform duties of his office, the duties of the office shall be performed by the seniormost Professor or Reader, as the case may be, in the Faculty.

(3) The Dean shall be the ex officio Chairman of the Board of the Faculty and shall be responsible for the conduct and maintenance of the standards of teaching and research in the Faculty and shall have such other functions as may be prescribed by the Ordinances.

(4) The Dean shall have the right to be present and to speak at any meeting of the Boards of Studies or Committees of the Faculty, but shall not have the right to vote thereat unless he is a member thereof.

(5) Notwithstanding anything contained in clause (1), every teacher serving as Dean of a Faculty immediately before the appointed day, shall continue as such up to the date on which he would have continued as Dean if the Act had not been enacted and thereafter the Dean of the concerned Faculty shall be appointed in accordance with the provisions of clause (1) above.

6. The Registrar.-

(1) The Registrar shall be appointed by the Executive Council on the recommendation of a Selection Committee constituted for the purpose and shall be a whole-time salaried officer of the University.

(2) He shall be appointed for a term of five years and shall be eligible for re-appointment.

(3) The emoluments and other terms and conditions of service of the Registrar shall be such as may be prescribed by the Ordinances :

Provided that the Registrar shall retire on attaining the age of sixty-two years :

Provided further that a Registrar shall, notwithstanding his attaining the age of sixty-two years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year, whichever is earlier.

(4) When the office of the Registrar is vacant or when the Registrar is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

(5) (a) The Registrar shall have power to take disciplinary action against such of the employees, excluding teachers and other academic staff, as may be specified in the order of the Executive Council and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or the withholding of increment:

Provided that no such penalty shall be imposed unless the person has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

(b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified in sub-clause (a).

(c) In a case where the inquiry discloses that a punishment beyond the power of the Registrar is called for, the Registrar shall, upon the concluding of the inquiry, make a report to the Vice-Chancellor along with his recommendations:

Provided that an appeal shall lie to the Executive Council against an order of the Vice-Chancellor imposing any penalty.

(6) The Registrar shall be ex officio Secretary of the Court, the Executive Council and the Academic Council, but shall not be deemed to be a member of any of these authorities.

(7) It shall be the duty of the Registrar-

(a) to be the custodian of the records, the common seal and such other property of the University as the Executive Council shall commit to his charge;

(b) to issue all notices convening meetings of the Court, the Executive Council, and the Academic Council, the College Development Council and of any Committees appointed by those authorities;

(c) to keep the minutes of all the meetings of the Court, the Executive Council and the Academic Council and of any Committees appointed by those authorities;

(d) to conduct the official correspondence of the Court, the Executive Council and the Academic Council;

(e) to arrange for and superintend the examinations of the University in the manner prescribed by the Ordinances;

(f) to supply to the Visitor copies of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of such meetings;

(g) to represent the University in suits or proceedings by or against the University, sign powers of attorney and verify pleadings or depute his representative for the purpose; and

(h) to perform such other duties as may be specified in the Statutes, the Ordinances or the Regulations or as may be required from time to time by the Executive Council or the Vice-Chancellor.

7. The Finance Officer.-

(1) The Finance Officer shall be appointed by the Executive Council on the recommendations of a Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University.

(2) The Finance Officer shall be appointed for a term of five years and shall be eligible for re-appointment.

(3) The emoluments and other terms and conditions of service of the Finance Officer shall be such as may be prescribed by the Ordinances :

Provided that the Finance Officer shall retire on attaining the age of sixty years :

Provided further that the Finance Officer shall, notwithstanding his attaining the age of sixty years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year, whichever is earlier.

(4) When the office of the Finance Officer is vacant or when the Finance Officer is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

(5) The Finance Officer shall be ex officio Secretary of the Finance Committee, but shall not be deemed to be a member of such Committee.

(6) The Finance Officer shall-

(a) exercise general supervision over the funds of the University and shall advise it as regards its financial policy; and

(b) perform such other financial functions as may be assigned to him by the Executive Council or as may be prescribed by the Statutes or the Ordinances.

(7) Subject to the control of the Executive Council, the Finance Officer shall-

(a) hold and manage the property and investments of the University including trust and endowed property;

(b) ensure that the limits fixed by the Executive Council for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted;

(c) be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Executive Council;

(d) keep a constant watch on the state of the cash and bank balances and on the state of investments;

(e) watch the progress of the collection of revenue and advise on the methods of collection employed;

(f) ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date and that stock-checking is conducted, of equipment and other consumable materials in all offices, Departments, University Institutes, Centres and Specialised Laboratories;

(g) bring to the notice of the Vice-Chancellor unauthorised expenditure and other financial irregularities and suggest disciplinary action against persons at fault; and

(h) call for from any office, Department, University Institute, independent Centre, Specialised Laboratory or User Facility maintained by the University any information or returns that he may consider necessary for the performance of his duties.

(8) Any receipt given by the Finance Officer or the person or persons duly authorised in this behalf by the Executive Council for any money payable to the University shall be sufficient discharge for payment of such money.

8. The Court.-

(1) The Court shall consist of the following members, namely:-

(a) Ex officio Members

(i) the Chancellor;

(ii) the Vice-Chancellor;

(iii) the Pro-Vice-Chancellor, if any;

(iv) the member of the Executive Council other than the Vice-Chancellor, the Pro-Vice-Chancellor and the Deans of Faculties;

(v) the Deans of Faculties;

(vi) the Finance Officer;

(vii) the Dean of Research and Development, in case he is not a member under any other provisions of this sub-clause;

(viii) the Dean of College Development, in case he is not a member under any other provision of this sub-clause;

(ix) the Librarian;

(x) such Heads of Departments, Directors of University Institutes, Directors of Constituent Institutes and Heads of Centres which are not comprised in any University Institute, as are not members under any other provision of this sub-clause; and

(xi) two Principals of Constituent Colleges, to be selected by rotation in the order of length of substantive service as Principals.

(b) Representatives of the academic staff

(i) five Professors, three Readers and three Lecturers from among the University appointed teachers of the Faculties, to be selected by rotation in the order of seniority;

(ii) one Professor, one Reader and one Lecturer from among the University recognised teachers of the University Colleges, to be selected by rotation in the order of seniority;

(iii) two Professors, two Readers and two Lecturers from among the teachers of the University Institutes, to be selected by rotation in the order of seniority;

(iv) two Professors, one Reader and one Lecturer from among the University recognised teachers of the Constituent Institutes, to be selected by rotation in the order of seniority; and

(v) six persons from among the University recognised teachers of the Constituent Colleges, to be selected by rotation in the order of seniority, of whom at least two shall be Lecturers.

(c) Representatives of Students.-One student from each group of subjects assigned to the Faculties who, having secured the highest marks in that group of subjects at the preceding degree examination of the University, is pursuing a course of study for a Postgraduate degree in the same group of subjects in the University or in a college or institution maintained by the University or admitted to the privileges of the University :

Provided that a representative of students shall no longer continue as such representative on the termination of his enrolment as a student.

(d) Representatives of Registered Graduates.-Ten representatives of the registered Graduates, not being persons in the service or students of the University or an institution maintained by or admitted to the privileges of the University or a member of the management of such institution, to be co-opted by the Court in accordance with the procedure laid down in the Regulations.

(e) Representatives of Parliament

(i) three representatives of Parliament, two to be elected by the Lok Sabha from amongst its own members, in such manner as the Speaker may direct, and one to be elected by the Rajya Sabha from amongst its own members, in such manner as the Chairman may direct :

Provided that consequent upon a Member of Parliament becoming a Minister or Speaker/Deputy Speaker, Lok Sabha or Deputy Chairman, Rajya Sabha, his election to the Court shall be deemed to have been terminated.

(f) Nominees of the Visitor, the Chief Rector and the Chancellor

(i) seven persons representing learned professions and special interests, including representatives of Industry, Commerce, Labour and Agriculture, to be nominated by the Visitor;

(ii) two eminent educationists, to be nominated by the Chief Rector; and

(iii) three persons of distinction in public life, to be nominated by the Chancellor.

(2) The term of office of the members of the Court under sub-clauses (a), (b), (e) and (f) of clause (1) shall be three years and under sub-clauses (c) and (d) thereof shall be one year.

(3) An annual meeting of the Court shall be held on a date to be fixed by the Executive Council unless some other date has been fixed by the Court in respect of any year.

(4) At the annual meeting of the Court, a report on the working of the University during the previous year, together with a statement of the receipts and expenditure, the balance sheet as audited, and the financial estimates for the next year shall be presented.

(5) A copy of the statement of receipts and expenditure, the balance sheet and the financial estimates referred to in clause (4) shall be sent to every member of the Court at least seven days before the date of the annual meeting.

(6) Special meetings of the Court may be convened by the Executive Council or the Vice-Chancellor or if there is no Vice-Chancellor, the Pro-Vice-Chancellor or if there is no Pro-Vice-Chancellor, by the Registrar.

(7) Twenty-five members of the Court shall form a quorum for a meeting of the Court.

9. The Executive Council.-

(1) The Executive Council shall consist of the following members, namely:-

(a) the Vice-Chancellor;

(b) the Pro-Vice-Chancellor, if any;

(c) three Deans of Faculties, to be selected by rotation in the order in which the Faculties are enumerated in clause (1) to Statute 14;

(d) one Director of a Constituent Institute, to be selected by rotation in the order of length of substantive service as such Director;

(e) one Principal of a Constituent College, to be selected by rotation in the order of length of substantive service as such Principal;

(f) two Professors, two Readers and two Lecturers from among the University appointed teachers, to be selected by rotation in the order of seniority;

(g) one person from among the University recognised teachers of University Colleges, to be selected by rotation in the order of seniority;

(h) two persons from among the University recognised teachers of Constituent Institutes, to be selected by rotation in the order of seniority, of whom at least one shall be a Lecturer;

(i) three persons from among the University recognised teachers of Constituent Colleges, to be selected by rotation in the order of seniority, of whom at least one shall be a Lecturer;

(j) four persons to be nominated by the Visitor;

(k) one person of academic eminence to be nominated by the Chief Rector; and

(l) one person of academic eminence to be nominated by the Chancellor.

(2) The term of office of members of the Executive Council under sub-clauses (c) to (g) of clause (1) shall be two years, and of members under sub-clauses (h) to (j) thereof shall be three years.

(3) No person shall continue to be a member of the Executive Council in more than one capacity, and whenever a person becomes such members in more than one capacity, he shall within two weeks thereof intimate to the Registrar in writing as to the capacity in which he desires to be such member and vacate the other seat, failing which the seat held by him earlier in point of time shall be deemed to have been vacated.

(4) Seven members of the Executive Council shall form a quorum for a meeting of the Executive Council.

10. Powers and functions of the Executive Council.-

(1) The Executive Council shall have the power of management and administration of the revenues and property of the University and the conduct of all administrative affairs of the University not otherwise provided for.

(2) Subject to the provisions of the Act, the Statutes and the Ordinances, the Executive Council shall, in addition to all other powers vested in it, have the following powers, namely:-

(i) to create teaching and other academic posts, to determine the number and emoluments of such posts and to define the duties and conditions of service of Professors, Readers, Lecturers and other academic staff:

Provided that no action shall be taken by the Executive Council in respect of the number and qualifications of teachers and other academic staff otherwise than after consideration of the recommendations of the Academic Council;

(ii) to appoint such Professors, Readers, Lecturers and other academic staff, as may be necessary, and the Directors of University Institutes and Head of independent Centres on the recommendation of the Selection Committee constituted for the purpose and to fill up temporary vacancies therein;

(iii) to recognise persons as University recognised teachers in the manner prescribed by the Ordinances;

(iv) to create administrative, ministerial and other necessary posts (including Chairs) and to make appointments thereto in the manner prescribed by the Ordinances;

(v) to grant leave of absence to any salaried officer of the University other than the Vice-Chancellor, and to make necessary arrangements for the discharge of the functions of such officer during his absence;

(vi) to regulate and enforce discipline among employees in accordance with the Statutes and the Ordinances;

(vii) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the University and for that purpose to appoint such agents as it may think fit;

(viii) to fix limits on the total recurring and the total non-recurring expenditure for a year on the recommendation of the Finance Committee;

(ix) to invest any money belonging to the University, including any unapplied income, in such stocks, funds, share or securities, from time to time as it may think fit or in the purchase of immovable property in India, with the like powers of varying such investment from time to time.

(x) to transfer or accept transfers of any movable or immovable property on behalf of the University;

(xi) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University;

(xii) to enter into, vary, carry out and cancel contracts on behalf of the University;

(xiii) to entertain, adjudicate upon, and if thought fit, to redress any grievances of the employees and students of the University who may, for any reason, feel aggrieved.

(xiv) to appoint examiners and moderators and, if necessary, to remove them, and to fix their fees, emoluments and travelling and other allowances, after consulting the Academic Council.

(xv) to select a common seal for the University and provide for the custody and use of such seal;

(xvi) to make such special arrangements as may be necessary for the residence and discipline of women students;

(xvii) to institute fellowships, scholarships, studentships, medals and prizes;

(xviii) to provide for the appointment of Visiting Professors, Emeritus Professors, Consultants and Scholars and determine the terms and conditions of such appointments; and

(xix) to exercise such other powers and perform such other duties as may be conferred or imposed on it by the Act or the Statutes.

11. The Academic Council.-

(1) The Academic Council shall consist of the following members, namely:-

(a) the Vice-Chancellor;

(b) the Pro-Vice-Chancellor, if any;

(c) the Deans of the Faculties;

(d) The Dean of Research and Development;

(e) The Dean of Students Welfare;

(f) the Dean of College Development;

(g) The Librarian;

(h) such Heads of Departments, Directors of University Institutes and Heads of Centres not comprised in any University Institute, as are not members under sub-clauses (b) to (f):

Provided that where a subject assigned to any Faculty is not placed under any Department, the Chairman of the Board of Studies of the subject shall be a member of the Academic Council in case he is not already a member under sub-clauses (b) to (g);

(i) one Professor, one Reader and one Lecturer from each Faculty, selected by rotation in the order of seniority of Professors, Readers or Lecturers, as the case may be, of the concerned Faculty;

(j) the Directors of Constituent Institutes;

(k) one Professor (not being Director) of each Constituent Institute, selected by rotation in the order of seniority;

(l) two Principals of Constituent Colleges, selected by rotation in the order of length of substantive service as Principal;

(m) two members of the academic staff (not being Principals) of Constituent Colleges from each group of subjects assigned to a Faculty of the University, selected by rotation in the order of seniority as such members of the academic staff of the concerned group of subjects; and

(n) five persons, not being persons of academic excellence in the service of the University or a college or an institution admitted to the privileges of the University, to be co-opted by the Academic Council.

(2) The term of office of members (other than ex officio members) of the Academic Council shall be three years.

(3) Twenty-five members of the Academic Council shall form a quorum for a meeting of the Academic Council.

12. Powers and functions of the Academic Council.-

Subject to the provisions of the Act, the Statutes and the Ordinances, the Academic Council shall, in addition to all other powers vested in it, have the following powers, namely:-

(a) to exercise general supervision over the academic policies of the University and to give directions regarding methods of instruction, co-ordination of teaching among the Constituent Colleges, evaluation of research and maintenance and improvement of academic standards;

(b) to promote co-ordination between Faculties, Departments, University Institutes and independent Centres, collaboration between the University and Constituent Institutes and establish such committees, boards or schools as may be deemed necessary for these purposes;

(c) to consider matters of general academic interest either on its own initiative, or on a reference by a Faculty, University Institute, independent Centre or Constituent Institute or the Executive Council, and to take appropriate action thereon;

(d) to advise the Executive Council on all academic matters, including-

(i) matters relating to the examinations conducted by the University;

(ii) the qualifications required to be possessed by persons imparting instruction in particular subjects for the degrees of the University; and

(iii) matters referred to it for advice by the Executive Council;

(e) to consider and approve proposals submitted by the Boards of Studies through the Boards of Faculties or by University Institutes or independent Centres or Constituent Institutes in respect of courses of study and research degree programmes;

(f) to recommend for the consideration of the Executive Council the principles and criteria on which examiners and Inspectors for various kinds of inspection of the University Colleges, Constituent Institutes and Constituent Colleges may be appointed; and

(g) to frame such regulations and rules consistent with the Statutes and the Ordinances regarding the academic functioning of the University, discipline, residence, admissions, award of fellowships, scholarships, studentships, medals and prizes, fees, concessions, corporate life and attendance.

13. The Finance Committee.-

(1) The Finance Committee shall consist of the following members, namely:-

(i) the Vice-Chancellor;

(ii) the Pro-Vice-Chancellor;

(iii) three persons to be nominated by the Executive Council, out of whom at least one shall be a member of the Executive Council; and

(iv) three persons to be nominated by the Visitor.

(2) Five members of the Finance Committee shall form a quorum for a meeting of the Finance Committee.

(3) All the member of the Finance Committee, other than ex officio members, shall hold office for a term of three years.

(4) A member of the Finance Committee shall have the right to record a minute of dissent if he does not agree with any decision of the Finance Committee.

(5) The Finance Committee shall meet at least thrice every year to examine the accounts and to scrutinise proposals for expenditure.

(6) All proposals relating to creation of posts, and those items which have not been included in the Budget, shall be examined by the Finance Committee before they are considered by the Executive Council.

(7) The annual accounts and the financial estimates of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Executive Council for approval.

(8) The Finance Committee shall recommend limits for the total recurring expenditure and the total nonrecurring expenditure for the year, based on the income and resources of the University (which, in the case of productive works, may include the proceeds of loans).

14. Faculties and Departments.-

(1) The University shall have the following Faculties, namely:-

(i) the Faculty of Arts;

(ii) the Faculty of Commerce;

(iii) the Faculty of Law;

(iv) the Faculty of Medicine; and

(v) the Faculty of Science.

(2) The constitution and term of office of members of the Board of each Faculty, its powers and functions and the provisions in respect of the meetings thereof shall be prescribed by the Ordinances :

Provided that the first Board of each Faculty shall be nominated by the Executive Council and shall hold office for a period of one year.

(3) The Faculty of Arts shall consist of the following Departments, namely:-

(i) Ancient History, Culture and Archaeology;

(ii) Anthropology;

(iii) Arabic and Persian;

(iv) Education;

(v) English and Modern European Languages;

(vi) Geography;

(vii) Hindi and Modern Indian Languages;

(viii) Journalism and Mass Communication;

(ix) Medieval and Modern History;

(x) Music and Performing Arts;

(xi) Philosophy;

(xii) Physical Education;

(xiii) Political Science;

(xiv) Psychology;

(xv) Sanskrit; Pali, Prakrit and Oriental Languages;

(xvi) Urdu; and

(xvii) Visual Arts.

(4) The Faculty of Commerce shall consist of the following Departments, namely:-

(i) Commerce and Business Administration; and

(ii) Economics.

(5) The Faculty of Law shall consist of the following Department, namely:-

Law.

(6) The Faculty of Medicine shall consist of the following Departments, namely:-

(i) Anaesthesia;

(ii) Anatomy;

(iii) Cardiology;

(iv) Ear, Nose and Throat;

(v) Forensic Medicine;

(vi) Medicine;

(vii) Microbiology;

(viii) Obstetrics and Gynaecology;

(ix) Ophthalmology;

(x) Orthopaedics;

(xi) Paediatrics;

(xii) Pathology and Bacteriology;

(xiii) Pharmacy;

(xiv) Pharmacology;

(xv) Physiology;

(xvi) Radiology;

(xvii) Social and Preventive Medicine;

(xviii) Surgery; and

(xix) Tuberculosis.

(7) The Faculty of Science shall consist of the following Departments, namely:-

(i) Botany;

(ii) Bio-Chemistry;

(iii) Chemistry;

(iv) Defence and Strategic Studies;

(v) Earth and Planetary Sciences;

(vi) Electronics and Communication;

(vii) Home Science;

(viii) Mathematics;

(ix) Physics;

(x) Statistics; and

(xi) Zoology.

(8) Each Department shall be headed by a Head of the Department, whose manner of appointment, term of office and functions shall be prescribed by the Ordinances.

(9) Each Department shall have a Departmental Committee, the constitution, term of office of members and functions whereof shall be prescribed by the Ordinances.

(10) There shall be a Board of Studies for each subject, the constitution, term of office of members and functions whereof shall be prescribed by the Ordinances.

15. Selection Committees.-

(1) There shall be Selection Committees for making recommendations to the Executive Council for appointment to the posts of Professor, Reader, Lecturer, Registrar, Finance Officer, Librarian and Directors of University Institutes and Heads of independent Centres maintained by the University.

(2) The Selection Committee for appointment to the posts specified in Column 1 of the Table below shall consist of the Vice Chancellor, a nominee of the Visitor and the persons specified in the corresponding entry in Column 2 of the said Table:

TABLE

12
Professor/Reader(i) The Dean of the Faculty
(ii) The Head of the Department
(iii) Three experts in the concerned subject/field, to be appointed by the Executive Council, out of the panel recommended by the Academic Council
Lecturer(i) The Dean of the Faculty/Head of the Department
(ii) Three experts in the concerned subject/field, to be appointed by the Executive Council, out of the panel recommended by the Academic Council
Registrar/Finance Officer(i) Two members of the Executive Council nominated by it
(ii) One person not in the service of the University or an institution maintained by, or admitted to, the privileges of the University, nominated by the Executive Council
Librarian(i) Three persons not in the service of the University or an institution maintained by, or admitted to, the privileges of the University; who have special knowledge of the subject of the Library Science/Library Administration to be nominated by the Executive Council
(ii) One person not in the service of the University or an institution maintained by, or admitted to, the privileges of the University, nominated by the Executive Council
Director of University Institute or Head of independent Centre maintained by the UniversityThree experts in the concerned subject/field, to be appointed by the Executive Council, out of the panel recommended by the Academic Council

Note 1.-Where the appointment is being made for an inter-disciplinary project, the head of the project shall be deemed to be the Head of the Department concerned

Note 2.-In the case of a University Institute, the Director and in the case of an independent Centre, the Head thereof shall be deemed to be the Head of the Department concerned.

(3) The Vice-Chancellor, or in his absence the Pro-Vice-Chancellor, shall convene and preside at the meeting of the Selection Committee :

Provided that the meeting of the Selection Committee shall be fixed after prior consultation with, and subject to the convenience of Visitor’s nominee and the experts approved by the Executive Council.

(4) Four members, including at least two experts, must be present to form the quorum for a meeting of the Selection Committee.

(5) The procedure to be followed by the Selection Committee shall be laid down in the Ordinances.

(6) If the Executive Council is unable to accept the recommendations made by the Selection Committee, it shall record its reasons and submit the case to the Visitor for final orders.

(7) Appointments to temporary posts shall be made in the manner indicated below-

(i) If the temporary vacancy is for duration longer than one academic session, it shall be filled on the advice of the Selection Committee in accordance with the procedure indicated in the foregoing clauses:

Provided that if the Vice-Chancellor is satisfied that in the interests of work it is necessary to fill the vacancy, the appointment may be made on a purely temporary basis on the advice of a local Selection Committee referred to in sub-clause (ii) for a period not exceeding six months.

(ii) If the temporary vacancy is for a period less than a year, an appointment to such vacancy shall be made on the recommendation of a local Selection Committee consisting of the Dean of the Faculty concerned, the Head of the Department and a nominee of the Vice-Chancellor :

Provided that if the same person holds the offices of the Dean and the Head of the Department, the Selection Committee may contain two nominees of the Vice-Chancellor.

(iii) No teacher appointed temporarily on the advice of a local Selection Committee shall be continued in service on such temporary employment, unless he is subsequently selected by a regular Selection Committee, for temporary or permanent appointment.

(iv) Where a teacher has been appointed to a Department on the recommendation of a regular Selection Committee on a temporary post, and such post subsequently becomes permanently vacant or another permanent post of the same rank and grade becomes available in the same Department, the Executive Council may appoint such teacher on permanent basis in such Department without further reference to a regular Selection Committee.

16. Special mode of appointment.-

(1) Notwithstanding anything contained in Statute 15, the Executive Council may invite a person of high academic distinction and professional attainments to accept a post of Professor or any other equivalent academic post in the University, on such terms and conditions as it deems fit and on the person agreeing to do so appoint him to the post.

(2) The Executive Council may declare a person working in any other University or organisation as teacher of the University for a specified period.

(3) Appointments to Chairs and of Emeritus Professors shall be made by the Executive Council in accordance with the procedure laid down in the Ordinances for such tenure and on such terms and conditions as it deems fit.

(4) The Executive Council may appoint a person selected in accordance with the procedure laid down in Statute 15 for a fixed tenure on such terms and conditions as it deems fit.

17. Academic Staff.-

(1) The academic staff shall consist of teachers and staff employed for imparting instruction or for conducting, or assisting in the conduct of, research.

(2) The manner of appointment of the academic staff, other than teachers, shall be such as may be prescribed by the Ordinances.

18. Recognition of Teachers.-

(1) The qualifications of University recognised teachers shall be such as may be determined by the Ordinances.

(2) All applications for the recognition of teachers shall be made in such manner as may be laid down by the Regulations made by the Executive Council in that behalf.

(3) The Executive Council may, on a reference from the Vice-Chancellor, withdraw recognition from a teacher:

Provided that the teacher or the college or institution concerned may, within a period of thirty days from the date of the order of withdrawal, appeal against the order to the Visitor whose decision shall be final.

19. Committees.-

(1) Any authority of the University may appoint as many standing or special Committees as it may deem fit, and may appoint to such Committees persons who are not members of such authority.

(2) Any Committee appointed under clause (1) may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing it.

20. Terms and conditions of service and code of conduct of the teachers, etc.-

(1) All the teachers and other academic staff of the University shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations.

(2) The emoluments of members of the academic staff shall be such as may be prescribed by the Ordinances.

(3) Every teacher and other member of the academic staff of the University shall be appointed on a written contract, the form of which shall be prescribed by the Ordinances.

(4) A copy of every contract referred to in clause (3) shall be deposited with the Registrar.

21. Terms and conditions of service and code of conduct of other employees.-

(1) All the employees of the University, other than the academic staff, shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations.

(2) The manner of appointment and emoluments of employees, other than the academic staff, shall be such as may be prescribed by the Ordinances.

22. Seniority list.-

(1) Whenever, in accordance with the Statutes, any person is to hold an office or be a member of an authority of the University by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade and in accordance with such other principles as the Executive Council may, from time to time, prescribe.

(2) It shall be the duty of the Registrar to prepare and maintain in respect of each class of persons to whom the provisions of these Statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause (1).

(3) If two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in doubt, the Registrar may, on his own motion and shall, at the request of any such person, submit the matter to the Executive Council whose decision thereon shall be final.

(4) The provisions of this Statute shall not affect the inter se seniority of the employees working in the University before the appointed day.

23. Removal of employees of the University.-

(1) Where there is an allegation of misconduct against a member of the academic staff or other employee of the University, the Vice-Chancellor, in the case of such member of the academic staff, and the authority competent to appoint (hereinafter referred to as the appointing authority) in the case of other employee may, by order in writing, place such member of the academic staff or other employee, as the case may be, under suspension and shall forthwith report to the Executive Council the circumstances in which the order was made :

Provided that the Executive Council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the member of the academic staff, revoke such order.

(2) Notwithstanding anything contained in the terms of the contract of appointment or of any other terms and conditions of service of the employees, the Executive Council in respect of the academic staff, and the appointing authority in respect of other employees, shall have the power to remove such member of the academic staff or other employee, as the case may be, on grounds of misconduct.

(3) Save as aforesaid, the Executive Council, or as the case may be, the appointing authority, shall not be entitled to remove any member of the academic staff or other employee except for a good cause and after giving three months’ notice or on payment of three months’ salary in lieu thereof.

(4) No teacher, member of the academic staff or other employee shall be removed under clause (2) or clause (3) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

(5) The removal of a member of the academic staff or other employee shall take effect from the date on which the order of removal is made:

Provided that where the teacher, member of the academic staff or other employee is under suspension at the time of his removal, such removal shall take effect from the date on which he was placed under suspension.

(6) Notwithstanding anything contained in the foregoing provisions of this Statute, a teacher, member of the academic staff or other employee may resign,-

(a) if he is a permanent employee, only after giving three months’ notice in writing to the Executive Council or the appointing authority, as the case may be, or by paying three months’ salary in lieu thereof;

(b) if he is not a permanent employee, only after giving one month’s notice in writing to the Executive Council or, as the case may be, the appointing authority or by paying one month’s salary in lieu thereof:

Provided that such resignation shall take effect only on the date on which the resignation is accepted by the Executive Council or the appointing authority, as the case may be.

24. The Librarian.-

There shall be a Librarian of the University, who shall be appointed by the Executive Council on the recommendations of the Selection Committee constituted for the purpose and shall exercise such powers and perform such duties as may be prescribed by Ordinances.

25. Promotion of research, development and consultancy and extension services.-

There shall be a Dean of Research and Development to assist the Vice-Chancellor in the planning and co-ordination of research, development and consultancy and extension services in the University, who shall be appointed from amongst the Professors in the manner prescribed by the Ordinances.

26. Honorary degrees.-

(1) The Executive Council may, on the recommendation of the Academic Council and by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to the Visitor for the conferment of honorary degrees :

Provided that in case of emergency, the Executive Council may, on its own motion, make such proposals.

(2) The Executive Council may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the Visitor, any honorary degree conferred by the University.

27. Withdrawal of degrees, etc.-

The Executive Council may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw a degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the University for good and sufficient cause:

Provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon him to show cause within such time as may be specified in the notice why such a resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the Executive Council.

28. Maintenance of discipline amongst students of the University.-

(1) All powers relating to the maintenance of discipline and disciplinary action in relation to the students of the University shall vest in the Vice-Chancellor.

(2) There shall be a Proctor of the University to assist the Vice-Chancellor in the exercise of the powers referred to in clause (1), who shall be appointed by the Executive Council from amongst the Professors and Readers in the manner prescribed by the Ordinances.

(3) The Vice-Chancellor may delegate all or any of the powers referred to in clause (1), as he deems proper, to the Proctor and to such other officers as he may specify in this behalf.

(4) Without prejudice to the generality of the powers referred to in clause (1), the Vice-Chancellor may, in exercise of such powers , by order, direct that any student or students be expelled or rusticated, for a specified period, or be not admitted for a stated period to a course or courses of study in the University or an institution maintained by or admitted to the privileges of the University, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the University, for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be cancelled.

(5) The Deans of Faculties, Heads of Departments and Centres, Directors of University Institutes and Constituent Institutes and Principals of University Colleges and Constituent Colleges shall have the authority to exercise all such disciplinary powers over the students in their respective Faculties, Departments, independent Centres, University Institutes, Constituent Institutes, University Colleges and Constituent Colleges, as may be necessary for the proper conduct of the work thereof.

(6) Without prejudice to the powers of the Vice-Chancellor and the Deans, Heads, Directors and Principals specified in clause (5), detailed rules of discipline and proper conduct shall be made by the University, and such Deans, Heads, Directors and Principals may also make such supplementary rules as they deem necessary for the purposes stated therein.

(7) At the time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and other authorities of the University.

29. Maintenance of discipline among Students of Institutions admitted to the privileges of the University.-

All powers relating to discipline and disciplinary action in relation to students of an institution admitted to the privileges of the University, shall vest in the Director or Principal, as the case may be, of the institution, in accordance with the procedure prescribed by the Ordinances.

30. University Institutes, independent Centres, University Colleges and Constituent Institutes.-

(1) The Institutes of the University immediately before the commencement of the Act, namely:-

(i) The Institute of Inter-Disciplinary Studies;

(ii) The Institute of Professional Studies; and

(iii) The National Centre of Experimental Mineralogy and Petrology shall continue as University Institutes and the Centre of Behavioural and Cognitive Sciences shall continue as an independent Centre of the University, and all matters relating thereto shall be provided for by the Ordinances.

(2) The Institute of Correspondence Courses and Continuing Education shall continue as a temporary self-financing University Institute, and all matters relating thereto shall be provided for by the Ordinances.

(3) The manner of establishing University Institutes, Centres and University Colleges maintained by the University and other matters relating to them shall be prescribed by the Ordinances.

(4) The following shall be the University Colleges, namely:-

The Motilal Nehru Medical College and Swarup Rani Nehru Hospital, Allahabad.

(5) The following shall be the Constituent Institutes, namely:-

(i) The Govind Ballabh Pant Social Science Institute, Allahabad;

(ii) The Harish Chandra Research Institute of Mathematics and Mathematical Physics, Allahabad; and

(iii) The Kamala Nehru Postgraduate Medical Institute, Allahabad.

(6) The admission of institutions to the privileges of the University as Constituent Institutes and University Colleges and other matters relating to Constituent Institutes and University Colleges shall be prescribed by the Ordinances.

31. Constituent Colleges.-

(1) The following shall be the Constituent Colleges, namely:-

(i) Allahabad Degree College, Allahabad;

(ii) Arya Kanya Degree College, Allahabad;

(iii) Chaudhary Mahadeo Prasad Degree College, Allahabad;

(iv) Ewing Christian College, Allahabad;

(v) Iswar Saran Degree College, Allahabad;

(vi) Hamidia Girls Degree College, Allahabad;

(vii) Jagat Taran Girls Degree College, Allahabad;

(viii) K.P. Training College, Allahabad;

(ix) Rajarshi Tandon Girls Degree College, Allahabad;

(x) Sanwal Dass Sadan Lal Khanna Girls Degree College, Allahabad; and

(xi) Shyama Prasad Mukherji Government Degree College, Allahabad.

(2) Matters relating to the constitution of the management, the powers of the Vice-Chancellor to issue directions to, and to enforce his orders against, the management, the conditions for the continuance, enlargement and withdrawal of the privileges of Constituent Colleges and the grant to and withdrawal from them of the autonomous status shall be prescribed by the Ordinances :

Provided that every Constituent College shall be required to undergo the process of assessment by a visiting Peer Team of the National Assessment and Accreditation Council, set up under Section 12(ccc) of the University Grants Commission Act, 1956 (3 of 1956), and accreditation by the said Council within a period of three years from the date of the commencement of the Act.

(3) Where under the provisions of the Uttar Pradesh State Universities Act, 1973 (President’s Act 10 of 1973) a Constituent College had been granted permission by the predecessor University to impart instruction for a Postgraduate degree other than the degree of Bachelor of Laws or to exercise the privileges of an Autonomous Colleges, such permission shall cease to have effect upon the expiry of the academic year immediately following the academic year during which the Act has commenced or of the period for which such permission had been granted by the predecessor University, whichever is earlier, without prejudice to the right of the Constituent College concerned to apply afresh for such permission in accordance with the provisions of the Statutes and the Ordinances.

(4) There shall be constituted, by Ordinances, a College Development Council to monitor and promote the academic functioning and development of the Constituent Colleges.

(5) The College Development Council shall be headed by the Dean of College Development, who shall be appointed by the Executive Council from among the Professors of the University in the manner prescribed by the Ordinances.

32. Convocations.-

Convocations of the University for the conferring of degrees or for other purposes shall be held in such manner as may be prescribed by the Ordinances.

33. Acting Chairman of meetings.-

Where no provision is made for a President or Chairman to preside over a meeting of any authority of the University or any Committee of such authority or when the President or Chairman so provided for is absent, the members present shall elect one from among themselves to preside at such meeting.

34. Resignation.-

Any member, other than an ex officio member, of the Court, the Executive Council, the Academic Council or any other authority of the University or any Committee of such authority may resign by letter addressed to the Registrar and the resignation shall take effect as soon as such letter is received by the Registrar.

35. Disqualifications.-

(1) A person shall be disqualified for being chosen as, and for being, a member of any of the authorities of the University,-

(i) if he is of unsound mind;

(ii) if he is an undischarged insolvent;

(iii) if he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months.

(2) If any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in clause (1), the question shall be referred to the Visitor and his decision shall be final and no suit or other proceeding shall lie in any civil court against such decision.

36. Residence condition for membership and office.-

Notwithstanding anything contained in the Statutes, a person who is not ordinarily resident in India shall not be eligible to be an officer of the University or a member of any authority of the University.

37. Membership of authorities by virtue of membership of other bodies.-

Notwithstanding anything contained in the Statutes, a person who holds any post in the University or is a member of any authority or body of the University in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be.

38. Registered Graduates.-

The provisions in respect of the registration of graduates and the maintenance of the register of Registered Graduates shall be prescribed by the Ordinances.

39. Dean and Board of Students Welfare.-

(1) There shall be a Dean of Students Welfare to coordinate the measures for promoting the welfare of the students of the University, who shall be appointed by the Executive Council from among the Professors and Readers of the University in the manner prescribed by the Ordinances.

(2) There shall be constituted in the University, a Board of Students Welfare, the constitution, term of office of members and functions whereof shall be prescribed by the Ordinances.

40. Ordinances, how made.-

(1) The first Ordinances made under sub-section (2) of Section 29 may be amended, repealed or added to at any time by the Executive Council in the manner specified in the following sub-sections.

(2) No Ordinance in respect of the matters enumerated in sub-section (1) of Section 29 shall be made by the Executive Council unless a draft of such Ordinance has been proposed by the Academic Council.

(3) The Executive Council shall not have power to amend any draft of any Ordinance proposed by the Academic Council under clause (2), but may reject the proposal or return the draft to the Academic Council for re-consideration, either in whole or in part, together with any amendment which the Executive Council may suggest.

(4) Where the Executive Council has rejected or returned the draft of an Ordinance proposed by the Academic Council, the Academic Council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members present and voting and more than half the total number of members of the Academic Council, the draft may be sent back to the Executive Council which shall either adopt it or refer it to the Visitor whose decision shall be final.

(5) Every Ordinance made by the Executive Council shall come into effect immediately.

(6) Every Ordinance made by the Executive Council shall be submitted to the Visitor within two weeks from the date of its adoption.

(7) The Visitor shall have the power to direct the University to suspend the operation of any Ordinance.

(8) The Visitor shall inform the Executive Council about his objection to the Ordinance referred to in clause (7) and may, after receiving the comments of the University, either withdraw the order suspending the Ordinance or disallow the Ordinance, and his decision shall be final.

41. Regulations.-

(1) The authorities of the University may make Regulations consistent with the Act, the Statutes and the Ordinances for the following matters, namely:-

(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 are required by the Act, the Statutes or the Ordinances to be prescribed by Regulations;

(iii) providing for all other matters solely concerning such authorities or committees appointed by them and not provided for by the Act, the Statutes or the 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 meeting and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings.

(3) The Executive Council may direct the amendment in such manner as it may specify of any Regulation made under the Statutes or the annulment of any such Regulation.

42. Delegation of Powers.-

Subject to the provisions of the Act and the Statutes, any office or authority of the University may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers.

THE SCHEDULE

(See Section 28)

The Statutes of the University

1. The Chancellor.-

(1) The Chancellor shall be appointed by the Visitor from a panel of not less than three persons recommended by the Executive Council from amongst persons of eminence in the academic or public life of the country :

Provided that if the Visitor does not approve of any of the persons so recommended, he may call for fresh recommendations from the Executive Council.

(2) The Chancellor shall hold office for a term of five years and shall not be eligible for re-appointment: Provided that notwithstanding the expiry of his term of office the Chancellor shall continue to hold office until his successor enters upon his office.

2. The Vice-Chancellor.-

(1) The Vice-Chancellor shall be appointed by the Visitor from a panel of not less than three persons who shall be recommended by a Committee as constituted under clause (2):

Provided that if the Visitor does not approve of any of the persons included in the panel, he may call for an extended or a fresh panel.

(2) The Committee referred to in clause (1) shall consist of three persons, out of whom two shall be nominated by the Executive Council and one by the Visitor and the nominee of the Visitor shall be the convener of the Committee:

Provided that none of the members of the Committee shall be an employee of the University or an institution maintained by, or admitted to the privileges of, the University or a member of any authority of the University.

(3) The Vice-Chancellor shall be a whole-time salaried officer of the University.

(4) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of sixty-five years, whichever is earlier, and he shall not be eligible for re-appointment :

Provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor is appointed and enters upon his office :

Provided further that the Visitor may direct any Vice-Chancellor after his term has expired, to continue in office for such period, not exceeding a total period of one year, as may be specified by him or till his successor is appointed and enters upon his office, whichever is earlier.

(5) The emoluments and other conditions of service of the Vice-Chancellor shall be as follows:-

(i) The Vice-Chancellor shall be paid a monthly salary and allowances, other than house rent allowance, at the rates fixed by the Central Government from time to time and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the Vice-Chancellor in respect of the maintenance of such residence;

(ii) The Vice-Chancel for shall be entitled to such terminal benefits and allowances as may be fixed by the Central Government from time to time :

Provided that where an employee of the University, or a college or an institution maintained by, or admitted to the privileges of, the University, or of any other University or any college or institution maintained by or admitted to the privileges of, such other University, is appointed as the Vice-Chancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the University shall contribute to the account of such person in that provident fund at the same rate at which the person had been contributing immediately before his appointment as the Vice-Chancellor:

Provided further that where such employee had been member of any pension scheme, the University shall make the necessary contribution to such scheme.

(iii) the Vice-Chancellor shall be entitled to travelling allowance at such rates as may be fixed by the Executive Council;

(iv) the Vice-Chancellor shall be entitled to leave on full pay at the rate of thirty days in a calendar year and the leave shall be credited to his account in advance in two half-yearly instalments of fifteen days each on the first day of January and July every year :

Provided that if the Vice-Chancellor assumes or relinquishes charge of the office of the Vice-Chancellor during the currency of a half year, the leave shall be credited proportionately at the rate of two and-a-half days for each completed month of service.

(v) in addition to the leave referred to in sub-clause (iv), the Vice-Chancellor shall also be entitled to half-pay leave at the rate of twenty days for each completed year of service, and half-pay leave may also be availed of as commuted leave on full pay on medical certificate :

Provided that when such commuted leave is availed of, twice the amount of half-pay leave shall be debited against half-pay leave due.

(6) If the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise, or if he is unable to perform his duties due to ill-health or any other cause, the Pro-Vice-Chancellor shall perform the duties of the Vice-Chancellor :

Provided that if the Pro-Vice-Chancellor is not available, the senior most Professor shall perform the duties of the Vice-Chancellor until a new Vice-Chancellor assumes office or until the existing Vice-Chancellor resumes the duties of his office, as the case may be.

3. Powers and duties of the Vice-Chancellor.-

(1) The Vice-Chancellor shall be ex officio Chairman of the Executive Council, the Academic Council and the Finance Committee and shall, in the absence of the Chancellor, preside at the Convocations held for conferring degrees and at meetings of the Court.

(2) The Vice-Chancellor shall be entitled to be present at, and address, any meeting of any authority or other body of the University, but shall not be entitled to vote thereat unless he is a member of such authority or body.

(3) It shall be the duty of the Vice-Chancellor to see that this Act, the Statutes, the Ordinances and the Regulations are duly observed and he shall have all the powers necessary to ensure such observance.

(4) The Vice-Chancellor shall have all the powers necessary for the proper maintenance of discipline in the University and he may delegate any such powers to such person or persons as he deems fit.

(5) The Vice-Chancellor shall have the power to convene or cause to be convened the meetings of the Executive Council, the Academic Council and the Finance Committee.

4. Pro-Vice-Chancellor.-

(1) The Pro-Vice-Chancellor shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor:

Provided that where the recommendation of the Vice-Chancellor is not accepted by the Executive Council, the matter shall be referred to the Visitor who may either appoint the person recommended by the Vice-Chancellor or ask the Vice-Chancellor to recommend another person to the Executive Council:

Provided further that the Executive Council may, on the recommendation of the Vice-Chancellor, appoint a Professor to discharge the duties of a Pro-Vice-Chancellor in addition to his own duties as a Professor.

(2) The term of office of a Pro-Vice-Chancellor shall be such as may be decided by the Executive Council but it shall not in any case exceed five years or until the expiration of the term of office of the Vice-Chancellor whichever is earlier:

Provided that a Pro-V ice-Chancellor whose term of office has expired shall be eligible for re-appointment :

Provided further that, in any case, a Pro-Vice-Chancellor shall retire on attaining the age of sixty-five years :

Provided also that a Pro-Vice-Chancellor shall, while discharging the duties of the Vice-Chancellor under clause (6) of Statute 1, continue in office notwithstanding the expiration of his term of office as Pro-Vice-Chancellor, until the Vice-Chancellor resumes office or a new Vice-Chancellor assumes office, as the case may be.

(3) The emoluments and other terms and conditions of service of a Pro-Vice-Chancellor shall be such as may be prescribed by the Ordinances.

(4) The Pro-Vice-Chancellor shall assist the Vice-Chancellor in respect of such matters as may be specified by the Vice-Chancellor in this behalf, from time to time, and shall also exercise such powers and perform such duties as may be assigned or delegated to him by the Vice-Chancellor.

5. Deans of Faculties.-

(1) Every Dean of Faculty shall be appointed by the Vice-Chancellor from amongst the Professors in the Faculty by rotation in the order of seniority for a period of three years :

Provided that in case there is only one Professor or no Professor in a Faculty, the Dean shall be appointed, for the time being, from amongst the Professor, if any, and the Readers in the Faculty by rotation in the order of seniority :

Provided further that in the case of a Faculty comprising a University College, the Principal of such University College shall be the ex officio Dean of the Faculty.

(2) When the office of the Dean is vacant or when the Dean is, by reason of illness, absence or any other cause, unable to perform duties of his office, the duties of the office shall be performed by the seniormost Professor or Reader, as the case may be, in the Faculty.

(3) The Dean shall be the ex officio Chairman of the Board of the Faculty and shall be responsible for the conduct and maintenance of the standards of teaching and research in the Faculty and shall have such other functions as may be prescribed by the Ordinances.

(4) The Dean shall have the right to be present and to speak at any meeting of the Boards of Studies or Committees of the Faculty, but shall not have the right to vote thereat unless he is a member thereof.

(5) Notwithstanding anything contained in clause (1), every teacher serving as Dean of a Faculty immediately before the appointed day, shall continue as such up to the date on which he would have continued as Dean if the Act had not been enacted and thereafter the Dean of the concerned Faculty shall be appointed in accordance with the provisions of clause (1) above.

6. The Registrar.-

(1) The Registrar shall be appointed by the Executive Council on the recommendation of a Selection Committee constituted for the purpose and shall be a whole-time salaried officer of the University.

(2) He shall be appointed for a term of five years and shall be eligible for re-appointment.

(3) The emoluments and other terms and conditions of service of the Registrar shall be such as may be prescribed by the Ordinances :

Provided that the Registrar shall retire on attaining the age of sixty-two years :

Provided further that a Registrar shall, notwithstanding his attaining the age of sixty-two years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year, whichever is earlier.

(4) When the office of the Registrar is vacant or when the Registrar is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

(5)

(a) The Registrar shall have power to take disciplinary action against such of the employees, excluding teachers and other academic staff, as may be specified in the order of the Executive Council and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or the withholding of increment:

Provided that no such penalty shall be imposed unless the person has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

(b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified in sub-clause (a).

(c) In a case where the inquiry discloses that a punishment beyond the power of the Registrar is called for, the Registrar shall, upon the concluding of the inquiry, make a report to the Vice-Chancellor along with his recommendations:

Provided that an appeal shall lie to the Executive Council against an order of the Vice-Chancellor imposing any penalty.

(6) The Registrar shall be ex officio Secretary of the Court, the Executive Council and the Academic Council, but shall not be deemed to be a member of any of these authorities.

(7) It shall be the duty of the Registrar-

(a) to be the custodian of the records, the common seal and such other property of the University as the Executive Council shall commit to his charge;

(b) to issue all notices convening meetings of the Court, the Executive Council, and the Academic Council, the College Development Council and of any Committees appointed by those authorities;

(c) to keep the minutes of all the meetings of the Court, the Executive Council and the Academic Council and of any Committees appointed by those authorities;

(d) to conduct the official correspondence of the Court, the Executive Council and the Academic Council;

(e) to arrange for and superintend the examinations of the University in the manner prescribed by the Ordinances;

(f) to supply to the Visitor copies of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of such meetings;

(g) to represent the University in suits or proceedings by or against the University, sign powers of attorney and verify pleadings or depute his representative for the purpose; and

(h) to perform such other duties as may be specified in the Statutes, the Ordinances or the Regulations or as may be required from time to time by the Executive Council or the Vice-Chancellor.

7. The Finance Officer.-

(1) The Finance Officer shall be appointed by the Executive Council on the recommendations of a Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University.

(2) The Finance Officer shall be appointed for a term of five years and shall be eligible for re-appointment.

(3) The emoluments and other terms and conditions of service of the Finance Officer shall be such as may be prescribed by the Ordinances :

Provided that the Finance Officer shall retire on attaining the age of sixty years :

Provided further that the Finance Officer shall, notwithstanding his attaining the age of sixty years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year, whichever is earlier.

(4) When the office of the Finance Officer is vacant or when the Finance Officer is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

(5) The Finance Officer shall be ex officio Secretary of the Finance Committee, but shall not be deemed to be a member of such Committee.

(6) The Finance Officer shall-

(a) exercise general supervision over the funds of the University and shall advise it as regards its financial policy; and

(b) perform such other financial functions as may be assigned to him by the Executive Council or as may be prescribed by the Statutes or the Ordinances.

(7) Subject to the control of the Executive Council, the Finance Officer shall-

(a) hold and manage the property and investments of the University including trust and endowed property;

(b) ensure that the limits fixed by the Executive Council for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted;

(c) be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Executive Council;

(d) keep a constant watch on the state of the cash and bank balances and on the state of investments;

(e) watch the progress of the collection of revenue and advise on the methods of collection employed;

(f) ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date and that stock-checking is conducted, of equipment and other consumable materials in all offices, Departments, University Institutes, Centres and Specialised Laboratories;

(g) bring to the notice of the Vice-Chancellor unauthorised expenditure and other financial irregularities and suggest disciplinary action against persons at fault; and

(h) call for from any office, Department, University Institute, independent Centre, Specialised Laboratory or User Facility maintained by the University any information or returns that he may consider necessary for the performance of his duties.

(8) Any receipt given by the Finance Officer or the person or persons duly authorised in this behalf by the Executive Council for any money payable to the University shall be sufficient discharge for payment of such money.

8. The Court.-

(1) The Court shall consist of the following members, namely:-

(a) Ex officio Members

(i) the Chancellor;

(ii) the Vice-Chancellor;

(iii) the Pro-Vice-Chancellor, if any;

(iv) the member of the Executive Council other than the Vice-Chancellor, the Pro-Vice-Chancellor and the Deans of Faculties;

(v) the Deans of Faculties;

(vi) the Finance Officer;

(vii) the Dean of Research and Development, in case he is not a member under any other provisions of this sub-clause;

(viii) the Dean of College Development, in case he is not a member under any other provision of this sub-clause;

(ix) the Librarian;

(x) such Heads of Departments, Directors of University Institutes, Directors of Constituent Institutes and Heads of Centres which are not comprised in any University Institute, as are not members under any other provision of this sub-clause; and

(xi) two Principals of Constituent Colleges, to be selected by rotation in the order of length of substantive service as Principals.

(b) Representatives of the academic staff

(i) five Professors, three Readers and three Lecturers from among the University appointed teachers of the Faculties, to be selected by rotation in the order of seniority;

(ii) one Professor, one Reader and one Lecturer from among the University recognised teachers of the University Colleges, to be selected by rotation in the order of seniority;

(iii) two Professors, two Readers and two Lecturers from among the teachers of the University Institutes, to be selected by rotation in the order of seniority;

(iv) two Professors, one Reader and one Lecturer from among the University recognised teachers of the Constituent Institutes, to be selected by rotation in the order of seniority; and

(v) six persons from among the University recognised teachers of the Constituent Colleges, to be selected by rotation in the order of seniority, of whom at least two shall be Lecturers.

(c) Representatives of Students.-One student from each group of subjects assigned to the Faculties who, having secured the highest marks in that group of subjects at the preceding degree examination of the University, is pursuing a course of study for a Postgraduate degree in the same group of subjects in the University or in a college or institution maintained by the University or admitted to the privileges of the University :

Provided that a representative of students shall no longer continue as such representative on the termination of his enrolment as a student.

(d) Representatives of Registered Graduates.-Ten representatives of the registered Graduates, not being persons in the service or students of the University or an institution maintained by or admitted to the privileges of the University or a member of the management of such institution, to be co-opted by the Court in accordance with the procedure laid down in the Regulations.

(e) Representatives of Parliament

(i) three representatives of Parliament, two to be elected by the Lok Sabha from amongst its own members, in such manner as the Speaker may direct, and one to be elected by the Rajya Sabha from amongst its own members, in such manner as the Chairman may direct :

Provided that consequent upon a Member of Parliament becoming a Minister or Speaker/Deputy Speaker, Lok Sabha or Deputy Chairman, Rajya Sabha, his election to the Court shall be deemed to have been terminated.

(f) Nominees of the Visitor, the Chief Rector and the Chancellor

(i) seven persons representing learned professions and special interests, including representatives of Industry, Commerce, Labour and Agriculture, to be nominated by the Visitor;

(ii) two eminent educationists, to be nominated by the Chief Rector; and

(iii) three persons of distinction in public life, to be nominated by the Chancellor.

(2) The term of office of the members of the Court under sub-clauses (a), (b), (e) and (f) of clause (1) shall be three years and under sub-clauses (c) and (d) thereof shall be one year.

(3) An annual meeting of the Court shall be held on a date to be fixed by the Executive Council unless some other date has been fixed by the Court in respect of any year.

(4) At the annual meeting of the Court, a report on the working of the University during the previous year, together with a statement of the receipts and expenditure, the balance sheet as audited, and the financial estimates for the next year shall be presented.

(5) A copy of the statement of receipts and expenditure, the balance sheet and the financial estimates referred to in clause (4) shall be sent to every member of the Court at least seven days before the date of the annual meeting.

(6) Special meetings of the Court may be convened by the Executive Council or the Vice-Chancellor or if there is no Vice-Chancellor, the Pro-Vice-Chancellor or if there is no Pro-Vice-Chancellor, by the Registrar.

(7) Twenty-five members of the Court shall form a quorum for a meeting of the Court.

9. The Executive Council.-

(1) The Executive Council shall consist of the following members, namely:-

(a) the Vice-Chancellor;

(b) the Pro-Vice-Chancellor, if any;

(c) three Deans of Faculties, to be selected by rotation in the order in which the Faculties are enumerated in clause (1) to Statute 14;

(d) one Director of a Constituent Institute, to be selected by rotation in the order of length of substantive service as such Director;

(e) one Principal of a Constituent College, to be selected by rotation in the order of length of substantive service as such Principal;

(f) two Professors, two Readers and two Lecturers from among the University appointed teachers, to be selected by rotation in the order of seniority;

(g) one person from among the University recognised teachers of University Colleges, to be selected by rotation in the order of seniority;

(h) two persons from among the University recognised teachers of Constituent Institutes, to be selected by rotation in the order of seniority, of whom at least one shall be a Lecturer;

(i) three persons from among the University recognised teachers of Constituent Colleges, to be selected by rotation in the order of seniority, of whom at least one shall be a Lecturer;

(j) four persons to be nominated by the Visitor;

(k) one person of academic eminence to be nominated by the Chief Rector; and

(l) one person of academic eminence to be nominated by the Chancellor.

(2) The term of office of members of the Executive Council under sub-clauses (c) to (g) of clause (1) shall be two years, and of members under sub-clauses (h) to (j) thereof shall be three years.

(3) No person shall continue to be a member of the Executive Council in more than one capacity, and whenever a person becomes such members in more than one capacity, he shall within two weeks thereof intimate to the Registrar in writing as to the capacity in which he desires to be such member and vacate the other seat, failing which the seat held by him earlier in point of time shall be deemed to have been vacated.

(4) Seven members of the Executive Council shall form a quorum for a meeting of the Executive Council.

10. Powers and functions of the Executive Council.-

(1) The Executive Council shall have the power of management and administration of the revenues and property of the University and the conduct of all administrative affairs of the University not otherwise provided for.

(2) Subject to the provisions of the Act, the Statutes and the Ordinances, the Executive Council shall, in addition to all other powers vested in it, have the following powers, namely:-

(i) to create teaching and other academic posts, to determine the number and emoluments of such posts and to define the duties and conditions of service of Professors, Readers, Lecturers and other academic staff:

Provided that no action shall be taken by the Executive Council in respect of the number and qualifications of teachers and other academic staff otherwise than after consideration of the recommendations of the Academic Council;

(ii) to appoint such Professors, Readers, Lecturers and other academic staff, as may be necessary, and the Directors of University Institutes and Head of independent Centres on the recommendation of the Selection Committee constituted for the purpose and to fill up temporary vacancies therein;

(iii) to recognise persons as University recognised teachers in the manner prescribed by the Ordinances;

(iv) to create administrative, ministerial and other necessary posts (including Chairs) and to make appointments thereto in the manner prescribed by the Ordinances;

(v) to grant leave of absence to any salaried officer of the University other than the Vice-Chancellor, and to make necessary arrangements for the discharge of the functions of such officer during his absence;

(vi) to regulate and enforce discipline among employees in accordance with the Statutes and the Ordinances;

(vii) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the University and for that purpose to appoint such agents as it may think fit;

(viii) to fix limits on the total recurring and the total non-recurring expenditure for a year on the recommendation of the Finance Committee;

(ix) to invest any money belonging to the University, including any unapplied income, in such stocks, funds, share or securities, from time to time as it may think fit or in the purchase of immovable property in India, with the like powers of varying such investment from time to time.

(x) to transfer or accept transfers of any movable or immovable property on behalf of the University;

(xi) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University;

(xii) to enter into, vary, carry out and cancel contracts on behalf of the University;

(xiii) to entertain, adjudicate upon, and if thought fit, to redress any grievances of the employees and students of the University who may, for any reason, feel aggrieved.

(xiv) to appoint examiners and moderators and, if necessary, to remove them, and to fix their fees, emoluments and travelling and other allowances, after consulting the Academic Council.

(xv) to select a common seal for the University and provide for the custody and use of such seal;

(xvi) to make such special arrangements as may be necessary for the residence and discipline of women students;

(xvii) to institute fellowships, scholarships, studentships, medals and prizes;

(xviii) to provide for the appointment of Visiting Professors, Emeritus Professors, Consultants and Scholars and determine the terms and conditions of such appointments; and

(xix) to exercise such other powers and perform such other duties as may be conferred or imposed on it by the Act or the Statutes.

11. The Academic Council.-

(1) The Academic Council shall consist of the following members, namely:-

(a) the Vice-Chancellor;

(b) the Pro-Vice-Chancellor, if any;

(c) the Deans of the Faculties;

(d) The Dean of Research and Development;

(e) The Dean of Students Welfare;

(f) the Dean of College Development;

(g) The Librarian;

(h) such Heads of Departments, Directors of University Institutes and Heads of Centres not comprised in any University Institute, as are not members under sub-clauses (b) to (f):

Provided that where a subject assigned to any Faculty is not placed under any Department, the Chairman of the Board of Studies of the subject shall be a member of the Academic Council in case he is not already a member under sub-clauses (b) to (g);

(i) one Professor, one Reader and one Lecturer from each Faculty, selected by rotation in the order of seniority of Professors, Readers or Lecturers, as the case may be, of the concerned Faculty;

(j) the Directors of Constituent Institutes;

(k) one Professor (not being Director) of each Constituent Institute, selected by rotation in the order of seniority;

(l) two Principals of Constituent Colleges, selected by rotation in the order of length of substantive service as Principal;

(m) two members of the academic staff (not being Principals) of Constituent Colleges from each group of subjects assigned to a Faculty of the University, selected by rotation in the order of seniority as such members of the academic staff of the concerned group of subjects; and

(n) five persons, not being persons of academic excellence in the service of the University or a college or an institution admitted to the privileges of the University, to be co-opted by the Academic Council.

(2) The term of office of members (other than ex officio members) of the Academic Council shall be three years.

(3) Twenty-five members of the Academic Council shall form a quorum for a meeting of the Academic Council.

12. Powers and functions of the Academic Council.-

Subject to the provisions of the Act, the Statutes and the Ordinances, the Academic Council shall, in addition to all other powers vested in it, have the following powers, namely:-

(a) to exercise general supervision over the academic policies of the University and to give directions regarding methods of instruction, co-ordination of teaching among the Constituent Colleges, evaluation of research and maintenance and improvement of academic standards;

(b) to promote co-ordination between Faculties, Departments, University Institutes and independent Centres, collaboration between the University and Constituent Institutes and establish such committees, boards or schools as may be deemed necessary for these purposes;

(c) to consider matters of general academic interest either on its own initiative, or on a reference by a Faculty, University Institute, independent Centre or Constituent Institute or the Executive Council, and to take appropriate action thereon;

(d) to advise the Executive Council on all academic matters, including-

(i) matters relating to the examinations conducted by the University;

(ii) the qualifications required to be possessed by persons imparting instruction in particular subjects for the degrees of the University; and

(iii) matters referred to it for advice by the Executive Council;

(e) to consider and approve proposals submitted by the Boards of Studies through the Boards of Faculties or by University Institutes or independent Centres or Constituent Institutes in respect of courses of study and research degree programmes;

(f) to recommend for the consideration of the Executive Council the principles and criteria on which examiners and Inspectors for various kinds of inspection of the University Colleges, Constituent Institutes and Constituent Colleges may be appointed; and

(g) to frame such regulations and rules consistent with the Statutes and the Ordinances regarding the academic functioning of the University, discipline, residence, admissions, award of fellowships, scholarships, studentships, medals and prizes, fees, concessions, corporate life and attendance.

13. The Finance Committee.-

(1) The Finance Committee shall consist of the following members, namely:-

(i) the Vice-Chancellor;

(ii) the Pro-Vice-Chancellor;

(iii) three persons to be nominated by the Executive Council, out of whom at least one shall be a member of the Executive Council; and

(iv) three persons to be nominated by the Visitor.

(2) Five members of the Finance Committee shall form a quorum for a meeting of the Finance Committee.

(3) All the member of the Finance Committee, other than ex officio members, shall hold office for a term of three years.

(4) A member of the Finance Committee shall have the right to record a minute of dissent if he does not agree with any decision of the Finance Committee.

(5) The Finance Committee shall meet at least thrice every year to examine the accounts and to scrutinise proposals for expenditure.

(6) All proposals relating to creation of posts, and those items which have not been included in the Budget, shall be examined by the Finance Committee before they are considered by the Executive Council.

(7) The annual accounts and the financial estimates of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Executive Council for approval.

(8) The Finance Committee shall recommend limits for the total recurring expenditure and the total nonrecurring expenditure for the year, based on the income and resources of the University (which, in the case of productive works, may include the proceeds of loans).

14. Faculties and Departments.-

(1) The University shall have the following Faculties, namely:-

(i) the Faculty of Arts;

(ii) the Faculty of Commerce;

(iii) the Faculty of Law;

(iv) the Faculty of Medicine; and

(v) the Faculty of Science.

(2) The constitution and term of office of members of the Board of each Faculty, its powers and functions and the provisions in respect of the meetings thereof shall be prescribed by the Ordinances :

Provided that the first Board of each Faculty shall be nominated by the Executive Council and shall hold office for a period of one year.

(3) The Faculty of Arts shall consist of the following Departments, namely:-

(i) Ancient History, Culture and Archaeology;

(ii) Anthropology;

(iii) Arabic and Persian;

(iv) Education;

(v) English and Modern European Languages;

(vi) Geography;

(vii) Hindi and Modern Indian Languages;

(viii) Journalism and Mass Communication;

(ix) Medieval and Modern History;

(x) Music and Performing Arts;

(xi) Philosophy;

(xii) Physical Education;

(xiii) Political Science;

(xiv) Psychology;

(xv) Sanskrit; Pali, Prakrit and Oriental Languages;

(xvi) Urdu; and

(xvii) Visual Arts.

(4) The Faculty of Commerce shall consist of the following Departments, namely:-

(i) Commerce and Business Administration; and

(ii) Economics.

(5) The Faculty of Law shall consist of the following Department, namely:-

Law.

(6) The Faculty of Medicine shall consist of the following Departments, namely:-

(i) Anaesthesia;

(ii) Anatomy;

(iii) Cardiology;

(iv) Ear, Nose and Throat;

(v) Forensic Medicine;

(vi) Medicine;

(vii) Microbiology;

(viii) Obstetrics and Gynaecology;

(ix) Ophthalmology;

(x) Orthopaedics;

(xi) Paediatrics;

(xii) Pathology and Bacteriology;

(xiii) Pharmacy;

(xiv) Pharmacology;

(xv) Physiology;

(xvi) Radiology;

(xvii) Social and Preventive Medicine;

(xviii) Surgery; and

(xix) Tuberculosis.

(7) The Faculty of Science shall consist of the following Departments, namely:-

(i) Botany;

(ii) Bio-Chemistry;

(iii) Chemistry;

(iv) Defence and Strategic Studies;

(v) Earth and Planetary Sciences;

(vi) Electronics and Communication;

(vii) Home Science;

(viii) Mathematics;

(ix) Physics;

(x) Statistics; and

(xi) Zoology.

(8) Each Department shall be headed by a Head of the Department, whose manner of appointment, term of office and functions shall be prescribed by the Ordinances.

(9) Each Department shall have a Departmental Committee, the constitution, term of office of members and functions whereof shall be prescribed by the Ordinances.

(10) There shall be a Board of Studies for each subject, the constitution, term of office of members and functions whereof shall be prescribed by the Ordinances.

15. Selection Committees.-

(1) There shall be Selection Committees for making recommendations to the Executive Council for appointment to the posts of Professor, Reader, Lecturer, Registrar, Finance Officer, Librarian and Directors of University Institutes and Heads of independent Centres maintained by the University.

(2) The Selection Committee for appointment to the posts specified in Column 1 of the Table below shall consist of the Vice Chancellor, a nominee of the Visitor and the persons specified in the corresponding entry in Column 2 of the said Table:

TABLE

12
Professor/Reader(i) The Dean of the Faculty
(ii) The Head of the Department
(iii) Three experts in the concerned subject/field, to be appointed by the Executive Council, out of the panel recommended by the Academic Council
Lecturer(i) The Dean of the Faculty/Head of the Department
(ii) Three experts in the concerned subject/field, to be appointed by the Executive Council, out of the panel recommended by the Academic Council
Registrar/Finance Officer(i) Two members of the Executive Council nominated by it
(ii) One person not in the service of the University or an institution maintained by, or admitted to, the privileges of the University, nominated by the Executive Council
Librarian(i) Three persons not in the service of the University or an institution maintained by, or admitted to, the privileges of the University; who have special knowledge of the subject of the Library Science/Library Administration to be nominated by the Executive Council
(ii) One person not in the service of the University or an institution maintained by, or admitted to, the privileges of the University, nominated by the Executive Council
Director of University Institute or Head of independent Centre maintained by the UniversityThree experts in the concerned subject/field, to be appointed by the Executive Council, out of the panel recommended by the Academic Council

Note 1.-Where the appointment is being made for an inter-disciplinary project, the head of the project shall be deemed to be the Head of the Department concerned

Note 2.-In the case of a University Institute, the Director and in the case of an independent Centre, the Head thereof shall be deemed to be the Head of the Department concerned.

(3) The Vice-Chancellor, or in his absence the Pro-Vice-Chancellor, shall convene and preside at the meeting of the Selection Committee :

Provided that the meeting of the Selection Committee shall be fixed after prior consultation with, and subject to the convenience of Visitor’s nominee and the experts approved by the Executive Council.

(4) Four members, including at least two experts, must be present to form the quorum for a meeting of the Selection Committee.

(5) The procedure to be followed by the Selection Committee shall be laid down in the Ordinances.

(6) If the Executive Council is unable to accept the recommendations made by the Selection Committee, it shall record its reasons and submit the case to the Visitor for final orders.

(7) Appointments to temporary posts shall be made in the manner indicated below-

(i) If the temporary vacancy is for duration longer than one academic session, it shall be filled on the advice of the Selection Committee in accordance with the procedure indicated in the foregoing clauses:

Provided that if the Vice-Chancellor is satisfied that in the interests of work it is necessary to fill the vacancy, the appointment may be made on a purely temporary basis on the advice of a local Selection Committee referred to in sub-clause (ii) for a period not exceeding six months.

(ii) If the temporary vacancy is for a period less than a year, an appointment to such vacancy shall be made on the recommendation of a local Selection Committee consisting of the Dean of the Faculty concerned, the Head of the Department and a nominee of the Vice-Chancellor :

Provided that if the same person holds the offices of the Dean and the Head of the Department, the Selection Committee may contain two nominees of the Vice-Chancellor.

(iii) No teacher appointed temporarily on the advice of a local Selection Committee shall be continued in service on such temporary employment, unless he is subsequently selected by a regular Selection Committee, for temporary or permanent appointment.

(iv) Where a teacher has been appointed to a Department on the recommendation of a regular Selection Committee on a temporary post, and such post subsequently becomes permanently vacant or another permanent post of the same rank and grade becomes available in the same Department, the Executive Council may appoint such teacher on permanent basis in such Department without further reference to a regular Selection Committee.

16. Special mode of appointment.-

(1) Notwithstanding anything contained in Statute 15, the Executive Council may invite a person of high academic distinction and professional attainments to accept a post of Professor or any other equivalent academic post in the University, on such terms and conditions as it deems fit and on the person agreeing to do so appoint him to the post.

(2) The Executive Council may declare a person working in any other University or organisation as teacher of the University for a specified period.

(3) Appointments to Chairs and of Emeritus Professors shall be made by the Executive Council in accordance with the procedure laid down in the Ordinances for such tenure and on such terms and conditions as it deems fit.

(4) The Executive Council may appoint a person selected in accordance with the procedure laid down in Statute 15 for a fixed tenure on such terms and conditions as it deems fit.

17. Academic Staff.-

(1) The academic staff shall consist of teachers and staff employed for imparting instruction or for conducting, or assisting in the conduct of, research.

(2) The manner of appointment of the academic staff, other than teachers, shall be such as may be prescribed by the Ordinances.

18. Recognition of Teachers.-

(1) The qualifications of University recognised teachers shall be such as may be determined by the Ordinances.

(2) All applications for the recognition of teachers shall be made in such manner as may be laid down by the Regulations made by the Executive Council in that behalf.

(3) The Executive Council may, on a reference from the Vice-Chancellor, withdraw recognition from a teacher:

Provided that the teacher or the college or institution concerned may, within a period of thirty days from the date of the order of withdrawal, appeal against the order to the Visitor whose decision shall be final.

19. Committees.-

(1) Any authority of the University may appoint as many standing or special Committees as it may deem fit, and may appoint to such Committees persons who are not members of such authority.

(2) Any Committee appointed under clause (1) may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing it.

20. Terms and conditions of service and code of conduct of the teachers, etc.-

(1) All the teachers and other academic staff of the University shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations.

(2) The emoluments of members of the academic staff shall be such as may be prescribed by the Ordinances.

(3) Every teacher and other member of the academic staff of the University shall be appointed on a written contract, the form of which shall be prescribed by the Ordinances.

(4) A copy of every contract referred to in clause (3) shall be deposited with the Registrar.

21. Terms and conditions of service and code of conduct of other employees.-

(1) All the employees of the University, other than the academic staff, shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations.

(2) The manner of appointment and emoluments of employees, other than the academic staff, shall be such as may be prescribed by the Ordinances.

22. Seniority list.-

(1) Whenever, in accordance with the Statutes, any person is to hold an office or be a member of an authority of the University by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade and in accordance with such other principles as the Executive Council may, from time to time, prescribe.

(2) It shall be the duty of the Registrar to prepare and maintain in respect of each class of persons to whom the provisions of these Statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause (1).

(3) If two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in doubt, the Registrar may, on his own motion and shall, at the request of any such person, submit the matter to the Executive Council whose decision thereon shall be final.

(4) The provisions of this Statute shall not affect the inter se seniority of the employees working in the University before the appointed day.

23. Removal of employees of the University.-

(1) Where there is an allegation of misconduct against a member of the academic staff or other employee of the University, the Vice-Chancellor, in the case of such member of the academic staff, and the authority competent to appoint (hereinafter referred to as the appointing authority) in the case of other employee may, by order in writing, place such member of the academic staff or other employee, as the case may be, under suspension and shall forthwith report to the Executive Council the circumstances in which the order was made :

Provided that the Executive Council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the member of the academic staff, revoke such order.

(2) Notwithstanding anything contained in the terms of the contract of appointment or of any other terms and conditions of service of the employees, the Executive Council in respect of the academic staff, and the appointing authority in respect of other employees, shall have the power to remove such member of the academic staff or other employee, as the case may be, on grounds of misconduct.

(3) Save as aforesaid, the Executive Council, or as the case may be, the appointing authority, shall not be entitled to remove any member of the academic staff or other employee except for a good cause and after giving three months’ notice or on payment of three months’ salary in lieu thereof.

(4) No teacher, member of the academic staff or other employee shall be removed under clause (2) or clause (3) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

(5) The removal of a member of the academic staff or other employee shall take effect from the date on which the order of removal is made:

Provided that where the teacher, member of the academic staff or other employee is under suspension at the time of his removal, such removal shall take effect from the date on which he was placed under suspension.

(6) Notwithstanding anything contained in the foregoing provisions of this Statute, a teacher, member of the academic staff or other employee may resign,-

(a) if he is a permanent employee, only after giving three months’ notice in writing to the Executive Council or the appointing authority, as the case may be, or by paying three months’ salary in lieu thereof;

(b) if he is not a permanent employee, only after giving one month’s notice in writing to the Executive Council or, as the case may be, the appointing authority or by paying one month’s salary in lieu thereof:

Provided that such resignation shall take effect only on the date on which the resignation is accepted by the Executive Council or the appointing authority, as the case may be.

24. The Librarian.-

There shall be a Librarian of the University, who shall be appointed by the Executive Council on the recommendations of the Selection Committee constituted for the purpose and shall exercise such powers and perform such duties as may be prescribed by Ordinances.

25. Promotion of research, development and consultancy and extension services.-

There shall be a Dean of Research and Development to assist the Vice-Chancellor in the planning and co-ordination of research, development and consultancy and extension services in the University, who shall be appointed from amongst the Professors in the manner prescribed by the Ordinances.

26. Honorary degrees.-

(1) The Executive Council may, on the recommendation of the Academic Council and by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to the Visitor for the conferment of honorary degrees :

Provided that in case of emergency, the Executive Council may, on its own motion, make such proposals.

(2) The Executive Council may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the Visitor, any honorary degree conferred by the University.

27. Withdrawal of degrees, etc.-

The Executive Council may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw a degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the University for good and sufficient cause:

Provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon him to show cause within such time as may be specified in the notice why such a resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the Executive Council.

28. Maintenance of discipline amongst students of the University.-

(1) All powers relating to the maintenance of discipline and disciplinary action in relation to the students of the University shall vest in the Vice-Chancel lor.

(2) There shall be a Proctor of the University to assist the Vice-Chancellor in the exercise of the powers referred to in clause (1), who shall be appointed by the Executive Council from amongst the Professors and Readers in the manner prescribed by the Ordinances.

(3) The Vice-Chancellor may delegate all or any of the powers referred to in clause (1), as he deems proper, to the Proctor and to such other officers as he may specify in this behalf.

(4) Without prejudice to the generality of the powers referred to in clause (1), the Vice-Chancellor may, in exercise of such powers , by order, direct that any student or students be expelled or rusticated, for a specified period, or be not admitted for a stated period to a course or courses of study in the University or an institution maintained by or admitted to the privileges of the University, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the University, for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be cancelled.

(5) The Deans of Faculties, Heads of Departments and Centres, Directors of University Institutes and Constituent Institutes and Principals of University Colleges and Constituent Colleges shall have the authority to exercise all such disciplinary powers over the students in their respective Faculties, Departments, independent Centres, University Institutes, Constituent Institutes, University Colleges and Constituent Colleges, as may be necessary for the proper conduct of the work thereof.

(6) Without prejudice to the powers of the Vice-Chancellor and the Deans, Heads, Directors and Principals specified in clause (5), detailed rules of discipline and proper conduct shall be made by the University, and such Deans, Heads, Directors and Principals may also make such supplementary rules as they deem necessary for the purposes stated therein.

(7) At the time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and other authorities of the University.

29. Maintenance of discipline among Students of Institutions admitted to the privileges of the University.-

All powers relating to discipline and disciplinary action in relation to students of an institution admitted to the privileges of the University, shall vest in the Director or Principal, as the case may be, of the institution, in accordance with the procedure prescribed by the Ordinances.

30. University Institutes, independent Centres, University Colleges and Constituent Institutes.-

(1) The Institutes of the University immediately before the commencement of the Act, namely:-

(i) The Institute of Inter-Disciplinary Studies;

(ii) The Institute of Professional Studies; and

(iii) The National Centre of Experimental Mineralogy and Petrology,

shall continue as University Institutes and the Centre of Behavioural and Cognitive Sciences shall continue as an independent Centre of the University, and all matters relating thereto shall be provided for by the Ordinances.

(2) The Institute of Correspondence Courses and Continuing Education shall continue as a temporary self-financing University Institute, and all matters relating thereto shall be provided for by the Ordinances.

(3) The manner of establishing University Institutes, Centres and University Colleges maintained by the University and other matters relating to them shall be prescribed by the Ordinances.

(4) The following shall be the University Colleges, namely:-

The Motilal Nehru Medical College and Swarup Rani Nehru Hospital, Allahabad.

(5) The following shall be the Constituent Institutes, namely:-

(i) The Govind Ballabh Pant Social Science Institute, Allahabad;

(ii) The Harish Chandra Research Institute of Mathematics and Mathematical Physics, Allahabad; and

(iii) The Kamala Nehru Postgraduate Medical Institute, Allahabad.

(6) The admission of institutions to the privileges of the University as Constituent Institutes and University Colleges and other matters relating to Constituent Institutes and University Colleges shall be prescribed by the Ordinances.

31. Constituent Colleges.-

(1) The following shall be the Constituent Colleges, namely:-

(i) Allahabad Degree College, Allahabad;

(ii) Arya Kanya Degree College, Allahabad;

(iii) Chaudhary Mahadeo Prasad Degree College, Allahabad;

(iv) Ewing Christian College, Allahabad;

(v) Iswar Saran Degree College, Allahabad;

(vi) Hamidia Girls Degree College, Allahabad;

(vii) Jagat Taran Girls Degree College, Allahabad;

(viii) K.P. Training College, Allahabad;

(ix) Rajarshi Tandon Girls Degree College, Allahabad;

(x) Sanwal Dass Sadan Lal Khanna Girls Degree College, Allahabad; and

(xi) Shyama Prasad Mukherji Government Degree College, Allahabad.

(2) Matters relating to the constitution of the management, the powers of the Vice-Chancellor to issue directions to, and to enforce his orders against, the management, the conditions for the continuance, enlargement and withdrawal of the privileges of Constituent Colleges and the grant to and withdrawal from them of the autonomous status shall be prescribed by the Ordinances :

Provided that every Constituent College shall be required to undergo the process of assessment by a visiting Peer Team of the National Assessment and Accreditation Council, set up under Section 12(ccc) of the University Grants Commission Act, 1956 (3 of 1956), and accreditation by the said Council within a period of three years from the date of the commencement of the Act.

(3) Where under the provisions of the Uttar Pradesh State Universities Act, 1973 (President’s Act 10 of 1973) a Constituent College had been granted permission by the predecessor University to impart instruction for a Postgraduate degree other than the degree of Bachelor of Laws or to exercise the privileges of an Autonomous Colleges, such permission shall cease to have effect upon the expiry of the academic year immediately following the academic year during which the Act has commenced or of the period for which such permission had been granted by the predecessor University, whichever is earlier, without prejudice to the right of the Constituent College concerned to apply afresh for such permission in accordance with the provisions of the Statutes and the Ordinances.

(4) There shall be constituted, by Ordinances, a College Development Council to monitor and promote the academic functioning and development of the Constituent Colleges.

(5) The College Development Council shall be headed by the Dean of College Development, who shall be appointed by the Executive Council from among the Professors of the University in the manner prescribed by the Ordinances.

32. Convocations.-

Convocations of the University for the conferring of degrees or for other purposes shall be held in such manner as may be prescribed by the Ordinances.

33. Acting Chairman of meetings.-

Where no provision is made for a President or Chairman to preside over a meeting of any authority of the University or any Committee of such authority or when the President or Chairman so provided for is absent, the members present shall elect one from among themselves to preside at such meeting.

34. Resignation.-

Any member, other than an ex officio member, of the Court, the Executive Council, the Academic Council or any other authority of the University or any Committee of such authority may resign by letter addressed to the Registrar and the resignation shall take effect as soon as such letter is received by the Registrar.

35. Disqualifications.-

(1) A person shall be disqualified for being chosen as, and for being, a member of any of the authorities of the University,-

(i) if he is of unsound mind;

(ii) if he is an undischarged insolvent;

(iii) if he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months.

(2) If any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in clause (1), the question shall be referred to the Visitor and his decision shall be final and no suit or other proceeding shall lie in any civil court against such decision.

36. Residence condition for membership and office.-

Notwithstanding anything contained in the Statutes, a person who is not ordinarily resident in India shall not be eligible to be an officer of the University or a member of any authority of the University.

37. Membership of authorities by virtue of membership of other bodies.-

Notwithstanding anything contained in the Statutes, a person who holds any post in the University or is a member of any authority or body of the University in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be.

38. Registered Graduates.-

The provisions in respect of the registration of graduates and the maintenance of the register of Registered Graduates shall be prescribed by the Ordinances.

39. Dean and Board of Students Welfare.-

(1) There shall be a Dean of Students Welfare to coordinate the measures for promoting the welfare of the students of the University, who shall be appointed by the Executive Council from among the Professors and Readers of the University in the manner prescribed by the Ordinances.

(2) There shall be constituted in the University, a Board of Students Welfare, the constitution, term of office of members and functions whereof shall be prescribed by the Ordinances.

40. Ordinances, how made.-

(1) The first Ordinances made under sub-section (2) of Section 29 may be amended, repealed or added to at any time by the Executive Council in the manner specified in the following sub-sections.

(2) No Ordinance in respect of the matters enumerated in sub-section (1) of Section 29 shall be made by the Executive Council unless a draft of such Ordinance has been proposed by the Academic Council.

(3) The Executive Council shall not have power to amend any draft of any Ordinance proposed by the Academic Council under clause (2), but may reject the proposal or return the draft to the Academic Council for re-consideration, either in whole or in part, together with any amendment which the Executive Council may suggest.

(4) Where the Executive Council has rejected or returned the draft of an Ordinance proposed by the Academic Council, the Academic Council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members present and voting and more than half the total number of members of the Academic Council, the draft may be sent back to the Executive Council which shall either adopt it or refer it to the Visitor whose decision shall be final.

(5) Every Ordinance made by the Executive Council shall come into effect immediately.

(6) Every Ordinance made by the Executive Council shall be submitted to the Visitor within two weeks from the date of its adoption.

(7) The Visitor shall have the power to direct the University to suspend the operation of any Ordinance.

(8) The Visitor shall inform the Executive Council about his objection to the Ordinance referred to in clause (7) and may, after receiving the comments of the University, either withdraw the order suspending the Ordinance or disallow the Ordinance, and his decision shall be final.

41. Regulations.-

(1) The authorities of the University may make Regulations consistent with the Act, the Statutes and the Ordinances for the following matters, namely:-

(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 are required by the Act, the Statutes or the Ordinances to be prescribed by Regulations;

(iii) providing for all other matters solely concerning such authorities or committees appointed by them and not provided for by the Act, the Statutes or the 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 meeting and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings.

(3) The Executive Council may direct the amendment in such manner as it may specify of any Regulation made under the Statutes or the annulment of any such Regulation.

42. Delegation of Powers.-

Subject to the provisions of the Act and the Statutes, any office or authority of the University may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers.

Bydeb

The Vaccination Act, 1880

Preamble

ACT NO.13 OF 1880.1

[AS ON 1957]

9th July, 1880.

An Act to give power to prohibit inoculation and to make the vaccination of children compulsory in certain Municipalities and Cantonments2

WHEREAS it is expedient to give power to prohibit inoculation and make the vaccination of children compulsory in certain municipalities and cantonments2; It is hereby enacted as follows:-

——————–

1. This Act has been amended in its application to- Ajmer by Act 6 of 1945; C.P. by C.P. Act 3 of 1915 , 6 of 1932 and 4 of 1933; C.P.and Berar by C.P. &. Berar Act 44 of 1947 : U.P.by U.P.Act 2 of 1907. This Act has been repealed in Coorg Act 4 of 1950; and in Punjab by Punjab Act 49 of 1953.

2. The long title and preamble have been amended in U.P.and C.P.so as to include other local areas.

Section 1. Short title, Application

ACT NO.13 OF 1880.1

[AS ON 1957]

9th July, 1880.

An Act to give power to prohibit inoculation and to make the vaccination of children compulsory in certain Municipalities and Cantonments2

WHEREAS it is expedient to give power to prohibit inoculation and make the vaccination of children compulsory in certain municipalities and cantonments2; It is hereby enacted as follows:-

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1. This Act has been amended in its application to- Ajmer by Act 6 of 1945; C.P. by C.P. Act 3 of 1915 , 6 of 1932 and 4 of 1933; C.P.and Berar by C.P. &. Berar Act 44 of 1947 : U.P.by U.P.Act 2 of 1907. This Act has been repealed in Coorg Act 4 of 1950; and in Punjab by Punjab Act 49 of 1953.

2. The long title and preamble have been amended in U.P.and C.P.so as to include other local areas.

This Act may be called the Vaccination Act, 1880: and it shall apply only to such municipalities and cantonments situate in 1[Uttar Pradesh, 2[Punjab as it existed immediately before the 1st November, 1956], the Central Provinces, Assam, Delhi, Ajmer] and Coorg as it may be extended to in manner hereinafter provided.

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1. This provision has been amend in U.P and C.P so as to include other local areas. The original words have been successively amended by the A.O.1937, A.O.1948 and A.O.1950 to read as above.

2. Subs. by the Adaptation of Laws (No.2) Order, 1956, for “Punjab”.

Section 2. Interpretation-clause

In this Act unless there is something repugnant in the subject or context,-

(1) The expression “Municipal Commissioners” means a body of Municipal Commissioners or a Municipal Committee constituted under the provisions of any enactment for the time being in force; (“Municipal Commissioners”)

(2) “Parent” means the father of a legitimate child and the mother of an illegitimate child: (“Parent”)

(3) “Guardian” includes any person who has accepted or assumed the care or custody of any child: (“Guardian.”)

(4) “Unprotected” child means a child who has not been protected from small- pox by having had that disease either naturally or by inoculation, or y having been successfully vaccinated, and who has not been certified under this Act to be insusceptible to vaccination: (“Unprotected child.”)

(5) “Inoculation” means any operation performed with the object of producing the disease of small- pox in any person by means of variolous matter: (“Inoculation”)

(6) “Vaccination-circle” means one of the parts into which a municipality or cantonment has been divided under this Act for the performance of vaccination: (“Vaccination circle.”)

(7) “Vaccinator” means any vaccinator appointed under this Act to perform the operation of vaccination, or any private person authorized 1[***] in manner hereinafter provided to perform the same operation; and includes a “Superintendent of vaccination”.(“Vaccinator”)

(8) “Vaccination-season” means the period from time to time fixed by the State Government for any local area under its administration by notification in the Official Gazette, during which alone vaccination may be performed under this Act. (“Vaccination season.)

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1. The words” by the L.G.” omitted by Act 4 of 1914, s.2.and Sch., Pt.I.

Section 3. Extension of Act to municipalities

A majority in number of the persons present at a meeting of the Municipal Commissioner specially convened in this behalf may apply to the State Government to extend this Act to the whole or any part of a municipality, and thereupon the State Government may, if it thinks fit, by notification published in the Official Gazette, declare its intention to extend this Act in the manner proposed.

Any inhabitant of such municipality or part thereof who objects to such extension in writing to the Secretary to the State Government and the State Government shall take such objection into consideration. When six weeks from the said publication have expired, the State Government, if no such objections have been sent as aforesaid, or (when such objection have been so sent) if in its opinion they are insufficient, may by like notification effect the proposed extension1.

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1. In the U.P. a new s.3A has been inserted by U.P.Act 2 of 1907 providing for extension of the Act to other local areas. In the C.P.Ss.3A, 3B, 3C and 3D have been inserted for a similar purpose by C.P. Acts 3 of 1915, 6 of 1932 and 4 of 1933, respectively.

Section 4. Extension to cantonments

The State Government may1 by notification in the Official Gazette, extend this Act to the whole or any part of a military cantonment.

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1. The words.” subject to the G.G.in C.” omitted by Act 38 of 1920 , s.2 and Sch. I. The words “subject to the control” were subs. by Act 4 of 1914, s, 2 and Sch., Pt.I for” with the previous sanction.”

Section 5. Power to withdraw local area from operation of Act

The State Government may by notification in the Official Gazette, withdraw any local area in a municipality1 any local area in a cantonment from the operation of this Act.

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1. This Provision has been amended in the U.P. and the C.P. so as to include other local areas.

Section 6. Prohibition of inoculation

In any local area to which the provisions of this Act apply, inoculation shall be prohibited; and

Inoculated persons not to enter, without certificate, local area subject to Act

no person who has undergone inoculation shall enter such area before the lapse of forty days from the date of the operation, with out a certificate from a medical practitioner, of such class as the State Government may from time to time by written order authorize to grant such certificates, stating that such person is no longer likely to produce small- pox by contact or near approach.

Section 7. Vaccination circles

Every local area to which this Act applies shall be a vaccination-circle, or shall in manner hereinafter provided be divided in to a number of such circles;

Vaccinators one or more vaccinators shall be appointed in manner hereinafter provided for each such circle; and

Superintendent of vaccination. one or more Superintendents of vaccination shall be appointed in manner hereinafter provided for each such local area.

Section 8. Private vaccinators

1[Commissioner] may be written licence authorize private vaccinators to perform vaccination in any vaccination-circle, and may suspend or cancel any` such licence.

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1. Subs.by Act 4 of 1914, s.2 and Sch., Pt.I, for ” L.G.”

Section 9. Unprotected children to be vaccinated

When any unprotected child, having attained the age of 6 months, has resided for a period of one month during the vaccination season in any local area to which the provisions of this Act apply, and has not at the expiration of such period attained the age, if a boy, of fourteen years, and if a girl, of eight years, the parent or guardian of such child shall take it, or cause it to be taken, to a vaccinator to be vaccinated, or send for a vaccinator to vaccinate it.

Vaccinator to vaccinate children, or deliver certificates of postponement

Such vaccinator shall vaccinate the child and deliver to its parent or guardian a memorandum stating the date on which the vaccination has been performed and the date on which the child is to be inspected in order to ascertain the result of the operation, or shall, if he finds such child in a State unfit for vaccination, deliver to its parent or guardian, a certificate under his hand to the effect that the child is in a state unfit for vaccination for the whole or party of the current vaccination season

Section 10. Inspection after vaccination

The parent or guardian of every child which has been vaccinated under section nine shall on the date of inspection stated in the memorandum take the child or cause to top be taken to vaccinator; and

Such vaccinator shall then append to the memorandum a certificate stating that the child has been inspected and the result of such inspection.

Section 11. Procedure when vaccination is successful

When it is ascertained at the time of inspecting a child under section ten that the vaccination has been successful a certificate shall be delivered by the vaccinator to the parent or guardian of such child to that effect, and such child shall thereafter be deemed to be protected.

Section 12. Procedure when vaccination is successful

When it is ascertained as aforesaid that the vaccination has been unsuccessful the parent or guardian shall if the vaccinator so direct cause the child to be forthwith again vaccinated and subsequently inspected in manner hereinbefore provided.

Section 13. Procedure when child is unfit for vaccination

A certificate granted under section nine showing the unfitness of a child for vaccination shall remain in force for the period stated therein, and on the termination of that period or if that period terminates after the vaccination-season is over, when the next vaccination season begins he parent or guardian of such child shall take the child or cause it to be taken to a vaccinator tot be vaccinated or procure its vaccination at his own house by a vaccinator:

Renewal of postponement certificates

Provided that, if the child is still found to be in a State unfit for vaccination the certificate granted under section nine shall be renewed.

Section 14. Certificates of insusceptibility of successful vaccination

If the Superintendent of vaccination is of opinion that a child which has been three times unsuccessfully vaccinated is insusceptible of successful vaccination he shall deliver to the parent or guardian of such child a certificate under his hand to that effect; and the parent or guardian shall thenceforth not be required to cause the child to be vaccinated.

Section 15. What lymph to be used

The vaccination of a child shall ordinarily be performed with such lymph as may be prescribed by the rules to be made under this Act:

Provided that,

1st, if animal-lymph is so prescribed and the parent or guardian of any child desires that such child shall be vaccinated with human lymph, it shall be so vaccinated, and

2nd, if any local area in which animal – lymph is procurable human lymph is so prescribed and the parent or guardian of any child desires that such child should be vaccinated with animal-lymph, and tenders to the vaccinator the amount of such fee, not exceeding one rupee, as may be fixed by such rules in this behalf, such child shall be so vaccinated.

Section 16. No fee to be charged except by private vaccinator

No fee shall be charged by any vaccinator except a private vaccinator to the parent or guardian of any child for any of the duties imposed on such vaccinator by or order under the provisions of this Act:

Provided that it shall be lawful for a vaccinator to accept a fee for vaccinating a child by request of the parent or guardian elsewhere than in the circle for which such vaccinator is appointed.

Section 17. Duties of superintendent of vaccination

1[17. Duties of superintendent of vaccination. The Superintendent of vaccination, in addition to the other duties imposed on him by or under the provision of this Act shall ascertain whether all unprotected children, under the age of fourteen years if boys, and under his superintendence have been vaccinated; and, if he has reason to believe that the parent of any such child is bound by the provisions hereinbefore contained to procure the vaccination of such child or to present it for inspection, and h as omitted so to do, he shall personally go to the house of such parent or guardian, and there make enquiry, and shall if the fact is proved forthwith deliver to such parent or guardian or cause to be affixed to his house a notice requiring that the child be vaccinated, or (as the case may be) that it be presented for inspection, at a time and place to be specified in such notice.]

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1. S.17 has been amended in C.P.and Berar by Act 44 of 1947Order by Magistrate when notice not complied with.

Section 18. Order by Magistrate when notice complied with

If such notice is not complied with the Superintendent of vaccination shall report the matter the 1Magistrate of the District or such Magistrate as the State Government or the Magistrate of the District may from time to time appoint in this behalf; and the Magistrate receiving such report shall summon the parent or guardian of the child and demand his explanation and shall if such explanation is not satisfactory, make an order in writing directing such parent or guardian to comply with the notice before a date specified in the order.

Procedure when order not obeyed.

If on such date the order has not been obeyed, the Magistrate shall summon the parent or guardian before him and unless just cause or excuse is shown, shall deal with the disobedience as an offences punishable under section twenty-two.

Magistrates to be non- officials

The Magistrates appointed under this section shall, as far as is conveniently practicable, 2[not be paid servants of Government].

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1. Read District Magistrate, see the Code of Criminal Procedure, 1898 (Act 5 of 1898), s.3, (2).

2. Subs.by the A.O.1950, for ”be Natives of India, and not paid servants of the Crown”. The last word subs. by the A.O.1937, for ”Govt

Section 19. Power to make rules for municipalities

When this Act has been applied to any municipality or any part thereof the Municipal Commissioners may from time to time, make rules consistent with this Act for the proper enforcement of this Act within the limits to which it applies, Such rules shall be made in the manner in which under the law for the time being in force the 1[ Municipal] Commissioners make rules or bye- laws for the regulation of other matters within the limits of the municipality and shall when confirmed by the 2[Commissioner] and published in the Official Gazette, have the force of law:

Provided that the 2[Commissioner] may at any time rescind or modify any such rule3.

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1. Ins.by Act 4 of 1914, s.2 and Sch., Pt.I

2. Subs.by s.2 and Sch.., Pt.I, by Act 4 of 1914, for ”L.G”.

3. After this section a new s.19A has been ins. in the U.P. and two new ss.19A and 19B in the C.P. by U.P.Act 2 of 1907 and C.P. Acts 3 of 1915and 6 of 1932, respectively.

Section 20. Power to make rules for cantonments

When this Act has been applied to any cantonment or any part thereof, the State Government may, from time to time, 1[***] make such rules.

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1. The words ”subject to the control of the G.G.in C.” omitted by Act 38 of 1920, s.2and Sch.

Section 21. What rules under sections 19 and 20 may provided for

The rules to be made for any local area under section nineteen or 1twenty may, among other matters, provide for—

(a) The division of such local area into circles for the performance of vaccination;

(b) The appointment of a place in each vaccination-circle as a public vaccine-station, and the posting of some distinguishing mark in a conspicuous place near such station;

(c) The qualifications to be required of public vaccinators and Superintendents of vaccination;

(d) The authority with which their appointment, suspension and dismissal shall rest;

(e) The time of attendance of public vaccinators at the vaccine stations, and their residence within the limits of the vaccination-circles;

(f) The distinguishing mark or badge to be worn by them;

(g) The amount of fee chargeable by private vaccinators, and their guidance generally in the performance of their duties;

(h) The facilities to be afforded to people for procuring the vaccination of their children at their own houses;

(i) The grant and form of certificates of successful vaccination of unfitness for vaccination or of insusceptibility of vaccination;

The nature of the lymph to be used and the supply of a sufficient quantity of such lymph;

(k) The fee to be paid for vaccination with animal-lymph under section fifteen;

(l) The fee to be paid to a public vaccinator for vaccinating a child beyond the vaccination-circle at the request of the parent or guardian of the said child;

(m) The preparation and keeping of registers showing–

The names of children born in such local area on or after the date of the application of this Act;

The names of unprotected children born in such local area previous to the application of this Act, and who are, at the time this Act is applied, under the age of fourteen years if boys, and of eight years if girls;

The names of unprotected boys and girls respectively under those ages brought within such local area at any time after the application of this Act and who have resided there for a month;

The result of each vaccination or its postponement, and the delivery of certificates , if any;

2(n) the assistance to be given by the Municipal Commissioners and municipal servants in the preparation of these registers, and in other matters,; and

(o) The preparation of vaccination-reports and returns.

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1. The word and letter “nineteen A” have been ins. at this place in the U.P. and the words and letters ‘nineteen A, nineteen B”. have been ins. in the C.P. by U.P.Act2 of 1907 and C.P. Acts 3 of 1915 and 6 of 1932, respectively.

2. This cl. has been amended in the C.P. by C.P. Act 6 of 1932, so as to include members of District Boards/Councils and the servants of those local bodies.

Section 22. Punishment of offences

Whoever commits any of the undermentioned offences (that is to say) :–

(a) Violates the provisions of section six,

(b) Neglects without just excuse to obey an order made under section eighteen,

(c) Breaks any of the rules made under section nineteen1 or twenty, or

(d) Neglects without just cause to obey an order made under section eighteen after having been previously convicted of so neglecting to obey a similar order made in respect of the same child,

Shall be punished as follows (that is to say) :–

In the case of the offence mentioned in clause (a), with simple imprisonment for a term which may extend to three months, or with fine which may extend to two hundred rupees or with both;

In the case of the offence mentioned in clause (b) and (c), with fine which may extend to fifty rupees; and

In the case of the offence mentioned in clause (d), with simple Imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

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1. The word and letter ”nineteen A” have been ins. at this place in the U.P. and the words and letters ”nineteen A, nineteen B’ have been ins. in the C.P. by U.P.Act 2 of 1907 and C.P. Acts 3 of 1915 and 6 of 1932, respectively.

Section 23. Municipal funds to receive fees and meet expenditure

The amount of all fees 1[***] realized, and the amount of all expenditure incurred, under this Act in any municipality shall respectively be credited to and paid from the Municipal Fund2.

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1. The words ” and fines” omitted by the A.O.1937.

2. This section has been amended in the U.P., the Punjab and the C.P. by U.P.Act 2 of 1907, Punjab Acts 9 of 1925 and 2 of 1929, and C.P. Act 6 of 1932, respectively so as to include other local areas and funds.

Bydeb

Vaccination (Repeal) Act, 2001

16 of 2001

August 3, 2001

Prefatory Note—

Statement of Objects and Reasons

The Vaccination Act, 1880 pertains to smallpox vaccination. Smallpox was once a major killer throughout the world. A vast international campaign by the World Health Organisation between the Years 1967 and 1979 led to the eradication of smallpox. On 5th July. 1975. India was proclaimed to be no longer a smallpox endemic country and in April 1977 India was declared smallpox free of International Commission for Assessment of Smallpox Eradication. On 8th May 195O the World Health Organisation declared the global eradication of smallpox. All member States of the World Health Organisation had officially discontinued compulsory vaccination of smallpox with effect from 1982. The Commission on Review of Administrative Laws under the Chairmanship of Shri P.C. Jain has, inter alia, recommended the repeal of the Vaccination Act, 1880. The Vaccination Act, 1880 is no longer relevant and needs to be repealed.

2. The Bill seeks to repeal the aforesaid Act. An Act to repeal the Vaccination Act, 1880. Be it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:-

1. Short title.

This Act may be called the Vaccination (Repeal) Act, 20011

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1. Received the assent of the President on August 3, 2001 and published in the Gazette of India, Extra., Part ‘I, Section 1, dated 4th August, 2001, p. 1, No. 22

2. Repeal of Act (13 of 1880).

The Vaccination Act, 1880-is hereby repealed.

Bydeb

The Tezpur University Act, 1993

Preamble

No.45 of 1993

[1st June, 1993]

An Act to establish and incorporate a teaching and residential university in the state of Assam at Tezpur and to provide for matters connected therewith Or incidental thereto.

BE it enacted by parliament in the Forty-fourth year of the Republic of India as follows.;-

Section 1. Short title and commencement

No.45 of 1993

[1st June, 1993]

An Act to establish and incorporate a teaching and residential university in the state of Assam at Tezpur and to provide for matters connected therewith Or incidental thereto.

BE it enacted by parliament in the Forty-fourth year of the Republic of India as follows.;-

(1) This Act may be called the Tezpur University Act , 1993.

(2) It shall come into force on such date as the central Government may, by notification in the official Gazette , appoint.

Section 2. Definitions

In this Act, and in all statutes made hereunder unless the context otherwise requires.

(a) “Academic council ” means the Academic Council of the University;

(b) “Academic staff” means such categories of staff as are designated as academic staff by the ordinance;

(c) “Board of Management ” means the Board of Management of the University;

(d) “Board of studies ” means the Board of studies of the university;

(e) “Chancellor” , “vice-chancellor” and “Pro-vice-chancellor” mean respectively , the chancellor , vice-chancellor , pro-vice-chancellor of the university ;

(f) “College ” means a college maintained by the university ;

(g) “Department ” means a Department of studies , and includes a center of studies.

(h) “Distance education system ” means the system of imparting education through any means of communication , such as broadcasting, telecasting, correspondence courses, seminars, contact programmers, or the combination of any two Ordinance more such means;

(i) “Employee ” means any person appointed by the university , and includes teachers and other staff of the university ;

(j) “finance committee” means the finance committee of the university ;

(k) “Hall “means 1981 unit of residence Ordinance of corporate life for the students of the university , Or of 1981 college Ordinance of an institution, mainted by the university ;

(l) “Institution ” means an academic institution , not being 1981 college ,maintained by the university ;

(m) “Planning and academic committee” means the planning and academic committee of the university ;

(n) “Planning Board ” means the planning Board of the university ;

(o) “Principal” means the head of the college Or an institution maintained by the university , and includes , where there is no principal , the person for the time being duly appointed to act as a principal , and , in the absence of the principal Or the acting principal , a vice principal duly appointed as such;

(p) “Recongnised institution ‘ means an institution of higher learning recognised by the university ;

(q) “Recgnised teachers” means such persons as may be Recognised by the university for the purpose of imparting instructions in a college or an institution maintained by the university ;

(r) “Regulations ” means the regulations made by any authoriy of the university under this Act for the time being in force;

(s) “School ” means a school of studies of the university ;

(t) “Status ” and ” ordinances ” means , respectively the statutes and ordinance of the university for the time being in force;

(u) Teachers of the university ” means professors , readers ,lectures and such other persons as may be appointed for imparting instruction or conducting research in the university or in any college or institution maintained by the university and are designed as teachers by the ordinances;

(v) “University ” means the Tezpur UNIVERSITY established under this Act

Section 3. The University

(1) There shall be established a university by the name of “tezpur university “;

(2) The headquarters of the university shall be at tezpur and it may also establish campus at such other places within its jurisdiction as it may deem fit.

(3) The first vice -chancellor and the first members of the Board of Management , the planning and Academic committee or the Academic Council or the planning board and all pweson s who may hereafter become such officers or members so long as they continue to hold such office or membership are hereby constituted a body corporate a body corporate by the name of “Tezpur university “.

(4) The university shall have perpetual succession and a common seal and shall sue and be sued by the said name.

Section 4. Objects of the University

The objects of the university shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit, to make provisions for integrated courses in humanities , natural and physical sciences ,social sciences , agricultural science and forestry and other allied disciplines in the educational programmers of the university ; to make appropriate measures for promoting innovations in teaching -learning processes,inter-disciplinary studies and research ; to educate and train manpower for the development of the state of Assam ; and to pay special attention to the improvement of the social and economic conditions and welfare of the people of that state , their intellectual , academic and cultural development ; and the university shall in organising its activities , have due regard to the objects specified in the first schedule.

Section 5. Powers of the University

The university shall have the following powers , namely;-

(i) To provide for instruction in such branches of learning as the university may from time to time , determine and to make provision for research and for the advancement and dissemination of knowledge ;

(ii) To grant , subject to such conditions as the university may determine , diplomas or certificates to , and confer degrees or other academic distinctions on the basis of examinations , evaluation or any other method of testing on, persons and to withdraw any such diplomas, certificates , degrees or other academic distinctions for good and sufficient cause;

(iii) To organise and to undertake extra mural studies , training and extension services.

(iv) To confer honorary degrees or other distinctions in the manner prescribed by the statutes;

(v) To provide facilities through the distance education systems to such persons as it may determine;

(vi) To institute principalships , professionals , readerships, Leaderships and other teaching or academic positions , required by the university and to appoint persons to such principalships , professorships,Readerships,Lecture ships or other teaching on academic positions.

(vii) To recognise an institution of higher learning for such purposes as the university may determine and to withdraw such recognition.

(viii) To recognise persons for imparting instructions in any college or institution maintained by the university

(ix) To appoint persons working in any other university or organisation as teacher of the university for a specified period;

(x) To create administrative, ministerial and other posts and to make appointments thereto;

(xi) To co-operate or collaborate or associate with any other university or authority or institution of higher learning in such manner and for such purposes as the university may determine;

(xii) To establish such campuses , special centres , specified laboratories or other units for research and instruction as are , in the opinion of the university , necessary for the furtherance of its objects;

(xiii) To institute and award fellowships , scholarships , studentships , medals and prizes;

(xiv) To establish and maintain colleges , institutions and halls.

(xv) To make provision for research and advisory services and for that purpose to enter into such arrangements with other institution ,industrial or other organisations as the university may deem necessary;

(xvi) To organise and conduct refresher courses , workships semiors and other programmes for teachers , evaluators and other academic staff;

(xvii) To make special arrangements in respect of the residence, discipline and teaching of woman students as the university may consider desirable;

(xviii) To appoint on contract or otherwise visiting professors , Emeritus professors , consultants , Scholars and such other persons who may contribute to the advancement of the objects of the university ;

(xix) To confer autonomous status on a college or an institution or a department , as the case may be , in accordance with the statutes;

(xx) To determine standards of admission to the university , which may include examination , evaluation or any other method of testing;

(xxi) To demand and receive payment of fees and other charges;

(xxii) To supervise the residences of the students of the university and to make arrangement for promoting their health and general welfare;

(xxiii) to lay down conditions of service of all categories of employees, including their code o f conduct;

(xxiv) To regulate and enforce discipline among the students and the employees , and to take such disciplinary measures in this regard as may be deemed by the university to be necessary;

(xxv) To make arrangements for promoting the health and general welfare of the employees;

(xxvi) To receive benefactions ,donations and gifts and to acquire ,hold, manage, and dispose of any property ,movable or immovable , including trust and endowment properties for the purposes of the university ;

(xxvii) To borrow, with the approval of the central goverment ,on the security of the property of the university , money for the purposes of the university ;

(xxviii) To do all such other acts and things as may be necessary ,incidental or conductive to the attainment of all or any of its objects

Section 6. Jurisdiction

The jurisdiction of the university shall extend to the whole of the state of Assam

Section 7. University open to all classes castes and creed

The university shall be open to persons of either sex and of whatever caste, creed , race or class , and it shall not be lawful for the university to adopt or impose on any person, any test whatever of religious belief or profession in order to entitle him to be appointed as a teacher of the university or to hold any other office therein or be admitted as a student in the university or to graduate thereto or to enjoy or exercise any privilege thereto; UNIVERSITY open to a ll classes, castes and creed.

Provided that nothing in this section shall be deemed to prevent the university from making special provisions for the employment or admission of woman , physically handicapped or of persons belonging to the weaker sections of the society and , in particular , of the scheduled castes and the scheduled tribes

Section 8. Residence of students

Every student of the university ( other than a student who pursues a course of study by distance education system) shall reside in a hall or hostel or under such conditions as may be prescribed by the ordinances

Section 9. The Visitor

(1) The president of India shall be the visitor of the university ;

(2) The visitor may , from time to time , appoint one or more persons to review the work and progress of the university ,including colleges and institutions managed by it, and to submit a report thereon, and upon receipt of that report , the visitor may, after obtaining the views of the board of a Management thereon through the vice chancellor ,take such action and issue such directions as he considers necessary in respect of any of the matters deal with in the report and the university shall be bound to comply with such directions.

(3) The visitor shall have the right to cause an inspection to be made by such person or persons as he may direct of the university , its buildings ,laboratories and equipment and of any college or institution maintained by the university and also of the examinations teaching and other work conducted or done by the university and to cause an inquiry

(4) The visitor shall in every manner referred to its sub-section(2), to the university and the university shall have the right to make such representations to the visitor, as it may consider necessary.

(5) After considering the representations , if any made by the university ,the visitor may cause to be made such inspection or inquiry as is referred to in sub-section(3).

(6) Where any inspection or inquiry has been caused to be made by the visitor , the university shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry.

(7) The visitor may , if the inspection or inquiry is made in respect of the university or any college or institution maintained by it address the vice-chancellor with reference to the result of such inspection or inquiry together with such view and advice with regard to the action to be taken thereon as the visitor may be pleased to offer , and on receipt of address made by the visitor , the vice -chancellor shall communicate to the board of Management the views of the visitor with such advice as the victor may offer upon the action to be taken thereon.

(8) The Board of Management shall committee , through the vice-chancellor , to the visitor such action , if any as it proposes to take or has been taken upon the result of such inspection or inquiry.

(9) Where the Board of Management does not , with in a reasonable time , take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the Board of Management issue such directions as he may think fit and the Board of Management shall comply with such directions.

(10) Without prejudice to the foregoing provisions of this section , the visitor may, by order in writing annual any proceeding of the university which is not in confirmly with the Act, the statutes or the ordinances;

Provided that before making any such order , he shall call upon the registrar to show cause why such an order should not be made, and if any cause is shown within a reasonable time ,he shall consider the same.

(11) The visitor shall have such other powers as may be prescribed by the statutes;

Section 10. Officers of the University

The following shall be the officers of the university ;

(1) The chancellor;

(2) The vice-chancellor;

(3) The pro-vice -chancellor;

(4) The deans of schools ;

(5) The Registrar;

(6) The finance officer ; and

(7) Such other officers as may be declared by the statutes to be officers of the university

Section 11. The Chancellor

(1) The governor of the state of Assam shall be the chancellor of the university ;

(2) The chancellor shall , by virtue of his office ,be the head of the university ;

(3) The chancellor shall , if president , preside at the convocation of the university held for conferring degrees.

Section 12. The Vice–chancellor

(1) The vice- chancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes.

(2) The vice- chancellor shall be the principal executive and academic officer of the university and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the university ;

(3) The vice- chancellor may, if he is of opinion that immediate action is necessary on any matter , exercise any power conferred on any authority of the university by or under this Act and shall report to such authority the action taken by him on such matter; Provided that if the authority concerned is of opinion that such action ought not to have been taken ,it may refer the matter to the visitor whose decision thereon shall be final;

Provided further that any person in the service of the university who is aggrieved by the action taken by the vice- chancellor under this sub-section shall have the right to appeal against such action to the board of management within three months from the date on which decision on such action is communicated to him and thereupon the board of Management may confirm, modify or reverse the action taken by the vice- chancellor.

(4) The vice-chancellor , if he is of the opinion that any decision of any authority of the university is beyond the powers of the authority conferred by the provisions of this Act, the statutes or the ordinances or that any decision taken is not in the interest of the university , may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty -days , the matter shall be referred to the visitor whose decision thereon shall be final.

(5) The vice-chancellor shall exercise such other powers and perform such other duties as may be prescribed by the statutes or the ordinances.

Section 13. The Pro-vice chancellor

The pro-vice-chancellor shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

Section 14. Deans of schools

Every dean of school shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes

Section 15. The Registrar

(1) The registrar shall be appointed in such manner as may be prescribed by the statutes

(2) The Registrar shall have the power to enter into agreement ,sign documents and authenticate records on behalf of the university and shall exercise such powers and perform such duties as may be prescribed by the statures

Section 16. The Finance Officer

The Finance officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

Section 17. Other officers

The manner of appointment and powers and duties of the other officers of the university shall be prescribed by the statutes.

Section 18. Authorities of university

The following shall no the authorities of the university ;-

(1) The board of Management;

(2) The planning and Academic Committee;

(3) The Academic council;

(4) The planning board;

(5) The Boards of studies;

(6) The finance committee;

(7) Such other authorities as may be declared by the statutes to be the authorities of the university.

Section 19. The board of Management

(1) The Board of Management shall be the principal executive body of the university ;

(2) The constitution of the Board of Management, the term of office of its members and its powers and functions shall be prescribed by the statutes.

Section 20. The planning and Academic Committee

(1) There shall be constituted a planning and Academic Committee of the university which shall advise the Board of Management on matters relating to the university academic and development activities and oversee, review, monitor the development of the university and keep under review the standard of education and research in the university.

(2) The constitution of the planning and Academic Committee, the term of office of it s members and its powers and duties shall be prescribed by the statutes.

(3) The visitor may determine a date with effect from which the planning and Academic Committee shall stand dissolved.

Section 21. The Academic council

(1) The academic Council shall be the principal academic body of the university and shall , subject to the provisions of this Act, the statutes and the ordinances , co-ordinate and exercise general supervision over the academic polices of the university.

(2) The constitution of the Academic council , the term of office of its members and its powers and functions shall be prescribed by the statutes.

Section 22. The planning board

(1) The Planning board as and when constituted , shall be the principal planning body of the university.

(2) The constitution of the planning Board, term of office of its members and its powers and functions shall be prescribed by the statutes.

Section 23. The boards of schools

The constitution, powers and functions of the boards of schools shall be prescribed by the statutes.

Section 24. The finance committee

The constitution, powers and functions of the finance Committee shall be prescribed by the statutes.

Section 25. Other authorites of the university

The constitution , powers and functions of other authorities ,as may be declared by the statutes to be the authorities of the university shall be prescribed by the statutes.

Section 26. Power to make statutes

Subject to the provisions of this Act, the statutes 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 election and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members , and all other matters relating to those authorities and other bodies for when it may be necessary or desirable to provide;

(c) The appointment of teachers, powers and duties of the officers of the university and their emoluments;

(d) The appointment of teachers, academic staff and other employees of the university, their emoluments and other conditions of service;

(e) The appointment of teachers, academic staff working In any other university or organisation for a specific period for undertaking a joint project;

(f) The conditions of service of employees including provision for pension, insurance and provident fund,the manner of termination of service and disciplinary action;

(g) The principles governing the seniority of service of the employees of the university ;

(h) The procedure for arbitration in case of dispute between employees or students and the university ;

(i) The procedure for appeal to the board of Management by any employee or student against the action of any officer or authority of university ;

(j) The conferment of autonomous status on a college or an institution or a department.

(k) The establishment and ablation of schools,departments ,centres,halls ,colleges and institutions,.

(l) The conferment of honoary

(m) The withdrawal of degrees, diplomas, certificates and other academic distinctions.

(n) The institution of fellowships, scholarships, studentships, medals and prizes.

(o) The delegation of powers vested in the authorities or officers of the e university;

(p) The maintenance of the discipline among the employees and students.

(q) All other matters which by this Act are to be or may be provided by the statutes.

Section 27. Statutes how to made

(1) The first statutes are those set out in the second schedule.

(2) The board of Management may, from time to time , make new or additional statutes or may amend or repeal the statutes referred to in sub-section(1).

Provided that the board of Management shall not make, amend or repeal any statutes affecting the status , powers or constitution or 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 board of Management.

(3) Every new statue or addition to the statue or any amendment of repeals of a statue shall require the assign of the visitor who may assent there to or withhold assent or remit to the board of Management for consideration.

(4) A new statue or statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor.

(5) Notwithstanding anything contained in the foregoing sub-section, the visitor may new or additional statutes or amends or repeals the statutes referred to in sub-section (1), during the period of three years immediately after the commencement of this Act. Provided that the visitor may ,on the expire of the said period of three years make , within one year from the date of such expire, such detailed statutes as he may consider necessary and such detailed statutes shall be laid before both houses of parliament

(6) Not withstanding anything contained in the foregoing sub-section, the visitor may direct the university to make provisions in the statutes in respect of any matter specified by him and if the Board of Management is unable to implement such direction within sixty days of its receipt, the visitor may, after considering the reasons, if any, communicated by the board of Management for its inability to comply with such direction, make or amend the statutes suitably.

Section 28. Power to make ordinances

(1) Subject to the provisions of this Act and the statutes, the ordinance may provide for all or any of the following matters, 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, diploma s and certificates of the university;

(c) The medium of instruction and examination.

(d) The award of degrees , diplomas certificates and other academic distinctions , the qualification for the same and the means to be taken relating to granting and obtaining of the same;

(e) The fees to be charged for courses of study in the university and admission to the examinations, degrees and diplomas of the university;

(f) The conditions for 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 woman students and the prescribing of special courses of studies for them.

(j) The appointments and emoluments of employees other than those for whom provision has been made in the statutes;

(k) The establishment of centres of studies, boards of studies, special centres, specialized laboratories and other committees;

(l) The manner of co-operation and collaboration with other university and authorities including learned bodies or associations.

(m) The creation. composition and functions of any other university and authorities including learned bodies or associations ;

(n) Such other terms and conditions of service of teachers and other academic staff as are not prescribed by the statutes.

(o) The management of colleges and institutions established by the university;

(p) The setting up of a machinery for redress of grievances of employees; and

(q) All other matters which by this Act or the statutes may be provided for by the ordinances.

(2) The first ordinance shall be made by the vice -chancellor with the previous approval of the central government and the ordinances so made may be amended, repealed or added to at any time by the board of management in manner prescribed by the statutes.

Section 29. Regulations

The authorities of the university may make regulations consistent with this Act, the statutes and the ordinances for the conduct of their own business and that of the committees. If any, appointed by them and not provided for by this Act, the statutes or the ordinates, in the manner prescribed by the statutes.

Section 30. Annual report

(1) The annual report of the university shall be prepared under the direction of the board of Management, which shall include among after matters, the steps taken by the university towards the fulfilment of its objects.

(2) The annual report so prepared shall be submitted to the visitor on or before sc.date as may be prescribed by the statutes.

(3) A copy of the annual report as prepared under sub-section(1) shall be submitted to the central government which shall as soon as may be , cause the same to be laid before both houses of parliament.

Section 31. Annual accounts

(1) The annual accounts and balance sheet of the university shall be prepared under the directions of the board of Management and shall once at Aleut every year and at intervals of not more than fifteen months , be audited by the comptroller and auditor general of India or by such persons as he may authorize in this behalf.

(2) A copy of the annual accounts together with the audit report thereon shall be submitted to the visitor.

(3) Any observations made by the visitor on the annual accounts shall be brought to the notice of the board of Management and the observations of the board of Management ,if any shall be submitted to the visitor.

(4) A copy of the annual accounts together with the audit report as submitted to the vistor, shall also be submitted to the central government which shall as soon as may be , cause the same to be laid before both houses of parliament.

(5) The audited annual accounts after having been laid before both Houses of Parliament shall be published in the Gazette of India. Conditions of service of employees

Section 32. Condition of service of employees

(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 concerene.

(2) Any dispute arising out of the contract, between the university and any employee shall, at the request of the employee, be refferred to a Tribunal of Arbitration consisting of one member appointed by the visitor.

(3) The decision of the Tibunal shall be final, and no suit shall lie in any civil court in respect of the matters decided.

(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 Arbiotration Act, 1940.

(5) The procedure of the regulating the work of the Tibunal shall be prescribed by the Statutes.

Section 33. Procedure of appeal and arbitrating in disciplinary cases against students

(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 Vice-Chancellor, Discipline Committee or Examination Committee, 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 orders or copy of such resolution by him, appeal to the Board of Management and the Board of Management may confirm, modify or reverse the decision of the Vice-Chancellor or the Committee, as the case may be. Procedure of appeal an arbitration in disciplinary cases against students.

(2) Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-sections (2), (3), (4) and (5) of section 32 shall, as far as may be, apply to a reference made under this sub-section

Every employee or student of the University or of a College or Institution maintained by the University shall, notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed by the Statutes, to the Board of Management against the decision of any officer or authority of the University or of the Principal of any College or Institution, as the case may be, and thereupon the Board of Management may confirm, modify or reverse the decision appealed against. Right to appeal

Section 34. Right to appeal

(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 he referred to a Tribunal of Arbitration consisting of one member appointed by the Board of Management, one member by the employee concerned and an umpire appointed by the Visitor.

(3) The decision of the Tribunal she final no suit shall lie in any civil court in respect of the mattress decided by the Tribunal.247

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 Act, 1940.

The procedure for regulating the work of the Tribunal shall be prescribed by the Statute.

Section 35. Provident and pension funds

(1) The University shall constitute for the benefit of its employees such provident or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes. Provident and pension finds.

(2) Where such provident find or pension fund has been so constituted, the Central Government may declare that the provision of the Provident Funds Act, 1925, shall apply to such fund, as if it were a Government provident fund.

Section 36. Disputes as to constitution of University authorities and bodies

If any question arises as to whether any person has been duly elected 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 Visitor whose decision thereon shall be final. Disputes as to constitution of University authorities and bodies

Section 37. Constitution of Committees

Where any authority of the University is given power by this Act or the Statutes to appoint Committees, such Committees shall, save as otherwise provided, consist of the members of the authority in each case may think fit. Constitution of Committees

Section 38. Filling of casual vacancies

All casual vacancies among the members (other than ex officio members) of any authority or other body of the University shall be filled. as soon as may be, by the person or body who appointed, elected or cooped the member whose place has become vacant person a pointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the resident of the term which the person whose place he fills would have been a member. Filling of casual vacancies.248Proceedings of University authorities or bodies or bodies not invalidated by vacancies

Section 39. Proceedings of University authorities or bodies 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. Protection of action taken in good faith

Section 40. Protection of action taken in good faith

No suit 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 pursuant of any of the provisions of this Act, the Statutes or the Ordinances.

Section 41. Mode of Proof of University record

A copy of any receipt, appellation, notice, order, proceeding, regulation or any authority or Committee of the University, or other documents 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 prim facie evidence of such receipt application, notice, order, proceeding, resolution or documents or the existence of entry in the register and shall be admitted as evidence of the mattress and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the Indian Evidence Act, 1827 or in any other law for the time being in force.1 of 1872Power to remove difficulties

Section 42. Power of remove difficulties

(1) If any difficulty arises in giving effect to the provisions of his Act, the Central Government may by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:

Provided for no such order shall be made under this section after the expiry of three years from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, between each House of Parliament. Transitional provisions

Section 43. Transitional provisions

Notwithstanding anything contained in this Act and the Statues,-

(a) The first Vice-Chancellor shall be appointed by the Visitor and the said officer shall hold office for a term of five years;

(b) The first Register and the first Finance Officer shall be appointed by the Visitor and each of the said officers shall hold office for a term of three years;

(c) The first Board of Management shall consist of not more than eleven members who shall be nominated by the Visitor and they shall hold office for a term of three years;

(d) The first Academic Council and the first Planning Board shall be constituted on the expiry of a period of ten years from the commencement of this Act and during the said period of ten years, the powers and functions of these two authorities shall be exercised and performed by the Planning and Academic Committee constituted under section 20:249Provided that if any vacancy occurs in the above officer or authorities, the same shall be filled by appointment or nomination, as the cease may be, by the Visitor, and the persons so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held that office, if such vacancy had not occurred.

Section 44. Status Ordinance and Regulations to be published in the Official Gazette and to laid before Parliament

(1) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be lain before Parliament

(2) Every Statute, Ordinance or Regulation 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, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation 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, Ordinance or Regulation.

(3) The power to make Statutes, Ordinance s or Regulations shall includethe power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the Statutes, Ordinances or Regulations or any of them but no retrospective effect shall be given to any Statute, Ordinance or Regulation so as to prejudicially affect the interests any person to whom such Statute, Ordinance or Regulation may be applicable.

Schedule 1. The Objects of the University

THE FIRST SCHEDULE

(See Section 4)

THE OBJECTS OF THE UNIVERSITY

1. The University shall endeavor through education, research, training and extension to play a positive role in the development of the North-Eastern Region, and. Based on the rich heritage of the region, to promote and advance the culture of the people of the State of Assam and its human resourses. Towards this end, it shall-

(a) Strive to offer employment oriented and inter-disciplinary courses, mostly at postgraduate level to meet the local and regional aspirations and the development needs of the State of Assam;

(b) Offer courses and promote research in areas which are of special and direct relevance to the region and in emerging areas in Science and Technology;

(c) Promote national integration and study of the rich cultural heritage of the region and, in particular, the diverse ethnic, linguistic, and tribal cultures of the State;

(d) Utilise distance education techniques and modern communication technologies to provide access to higher education for large segments of the population, and in particular, the disadvantaged groups such as those living school teachers, medical personnel, and extension staff; and to provide opportunities for life-long learning for adults; and

(e) Provide an immovable system of University level education, flexible in regard to methods and place of learning, combination of courses, eligibility of enrolment, age of entry, conduct of examination and operation of the programs with a view to promote learning and encourage excellence in new fields of knowledge.

Part 1. The Chancellor

The Governor of the State of Assam shall be the Chancellor of the University.

Part 2. The Vice-Chancellor

(1) The Vice-Chancellor shall be appointed by the Visitor from a panel of not less than three persons who shall be recommended by a Committee as constituted under clause (2):

Provided that if the Visitor does not approve of any of the persons included in the panel, he may call for a fresh panel.

(2) The Committee referred to in clause (1), shall consist of three persons, none of who m shall be an employee of the University or a member of the Board of Management, Academic Council or Planning and Academic Committee, member of any authority of the University or connected with an institution associated by the Board of Management and one by the Visitor and the nominee of the Visitor shall be the conveyor of the Committee.

(3) The Vice-Chancellor shall be a whole-time salaried officer of the University.

(4) The Vice-Chancellor shall hold officer for a term of five years from the date on which he enters upon his office, or until he attains the age of sixty-five years, whichever is earlier, and he shall not be eligible for re-appointment:

Provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor is appointed and enters upon his office:

Provided further that the Visitor may direct any Vice-Chancellor after his term has expired, to continue in office for such period, not exceeding a total period of one year, as may be specified by him.

(4) The emoluments and other conditions of service of the Vice-Chancellor shall be as follows:–

(i) The Vice-Chancellor shall be paid a monthly salary and allowances other than the houses rent allowance, at the rates fixed by the Central Government from time to time and he shall be entitled, without payment of rent, to use a furnished residence throughout hiss term of office and no charge shall fall on the Vice-Chancellor in respect of the maintenance or such residence.

(ii) The Vice-Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Board of Management with the approval of the Visitor from time to time:

Provided that where an employee of the University or a College or an Institution maintained by it, or of any other University or any Institution maintained by or affiliated to such other University, is appointed as the Vice-Chancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the University shall contribute to the account of such person in that provident fund at the same rate at which the person had been contributing fund at the same rate at which the person had been contributing immediately before his appointment as the Vice-Chancellor:

Provided further that where such employee had been a member of any pension scheme, the University shall make the necessary contribution to such scheme.

(iii) The Vice-Chancellor shall be entitled to travelling allowance at such rates as may be fixed by the Board of Management

(iv) The Vice-Chancellor shall be entitled to leave on full pay at the rate of thirty days in a calendar year and the leave shall be credited to his account in advance in two half-yearly installments of fifteen days each on the 1st day of January and July every year: Provided that if the Vice-Chancellor assumed or relinquishes charge of the office of the Vice-Chancellor during the currency of a half year, the leave shall be credited proportionately at the rate of two and-a-half days for each completed month of services.

(v) In addition to the leave referred to in sub-clause (iv), the Vice-Chancellor shall also be entitled to half pay leave at the rate of twenty days for each completed year of service. This half pay leave may also be availed of as commuted leave on full pay on medical certificate. When commuted leave is availed, twice the amount of half pay leave shall be debited against half pay leave due.

(6) If the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise, or if he is unable perform his duties due to ill health or any the cause, the Vice-Chancellor shall perform the duties of the Vice-Chancellor:

Provided that if the Vice-Chancellor is not available, the senior most Professor shall perform the duties of the Vice-Chancellor until a new Vice-Chancellor assumes office or until the existing Vice-Chancellor attends to the duties of his office, as the case may be.

Part 3. Powers and duties of the Vice-Chancellor

(1) The Vice-Chancellor shall be ex officio Chairman of the Board of Management, the Academic Council, the Planning Board and the Finance Committee and shall, in the absence of the Chancellor, preside at the convocations held for conferring degrees.

(2) The Vice-Chancellor shall be entitled to be present at, and address, any meeting of any authority or other body of the University, but shall not be entitled to vote thereat unless he is a member of such authority or body.

(3) It shall be the duty of the Vice-Chancellor to see that this Act, the Statutes, the ordinances and the Regulations are duly observed, and he shall have all the powers necessary to ensure such observance.

(4) The Vice-Chancellor shall exercise control over the affairs of the University and shall give effect to the decisions of all the authorities of the University

(5) The Vice-Chancellor shall have all the powers necessary for the proper maintenance of discipline in the University and he may delegate any such powers to such person or persons as he may deem fit

(6) The Vice-Chancellor shall have the power to coven or cause to be convened the meeting of the Board of Management, the Academic Council, the Planning Board and the Finance Committee.

Part 4. Pro-Vice-Chancellor

(1) Every Pro- Vice-Chancellor shall be appointed by the Board of Management on the recommendation of the Vice-Chancellor:

Provided that where the recommendation of the Vice-Chancellor is not accepted by the Board of Management, the matter shall be referred to the Visitor who may either appoint the person recommended by the Vice-Chancellor or ask the Vice-Chancellor to recommend another person to the Board of Management:

Provided further that the Board of Management may, on the recommendation of the Vice-Chancellor, appoint a Professor to discharge the duties of a Pro- Vice-Chancellor in addition to his own duties as a Professor.

(2) The term of office of a Pro- Vice-Chancellor shall be such as may be decided by the Board of Management but it shall not in any case exceed five years or until the expiration of the term of office the Vice-Chancellor, whichever is earlier:

Provided that a Pro- Vice-Chancellor whose term of office has expired shall be eligible for reappointment:

Provided further that, in any case, a Pro- Vice-Chancellor shall retire on attaining the age of sixty-five years:

Provided also that the Pro- Vice-Chancellor shall while discharging the duties of the Vice-Chancellor under cause (6) of Statute 2, continue in office notwithstanding the expiration of his term of office as a Pro- Vice-Chancellor until a new Vice-Chancellor or the existing Vice-Chancellor, as the case may be, assumes office:

Provided also that when the office of the Vice-Chancellor becomes vacant and there is no Pro- Vice-Chancellor to perform the functions of the Vice-Chancellor, the Board of Management may appoint a Pro- Vice-Chancellor and the Pro- Vice-Chancellor so appointed shall cease to hold office as such as soon as a Vice-Chancellor is appointed and enters upon his officer.

(3) It shall be the duty of the Registrar—

(a) To be the custodian of the records, the common seal and such other property of the University as the Board of Management shall commit to hiss charges;

(b) To issue all notices convening meetings of the Board of Management, the Academic Council, the Planning and Academic Committee, the Planning Board and of any Committees appointed by those authorities;

(c) To keep the minutes of all the meetings of the Board of Management, the Academic Council, the Planning Board and of any Committees appointed by those authorities;

(d) To conduct the official correspondence of the Board of Management, the Academic Council, the Planning and Academic Committee and the Planning Board;

(e) To arrange for and superintend the examinations of the University in accordance with the manner prescribed by the Ordinances;

(f) To supply to the Visitor copies of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of such meetings;

(g) To represent the University in suits or proceedings by or against the University, sign powers-of-attorney and verify pleadings or depute his representative for the purpose; and

(h) To perform such other duties as may be specified in the Statutes, the Ordinances or the Regulations or as may be required, from time to time, by the Board of Management or the Vice-Chancellor.

Part 5. The Finance Officer

(1) The Finance Official shall be appointed by the Board of Management on the recommendations of a Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University.

(2) He shall be appointed for a term of five years and shall be eligible for reappointment

(3) The emoluments and other terms and conditions of services of the Finance Officer shall be such as may be prescribed by the Ordinances:

Provided that a Finance Officer shall entire on attaining the age of sixty years:

Provided further that the Finance Officer shall, notwithstanding hiss attaining the age of sixty years, continue in office until his successor is appointed and enters upon his office or until the empire of a period of one year which ever is earlier.

(4) When the office of the Finance Officer is vacant or when the Finance Officer is, by reason of illness, absence or any other cause, unablep:256to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

(5) The Finance Officer shall be ex officio Secretary of the Finance Committee, but shall not be deemed to be a member of such Committee.

(6) The Finance Officer shall—

(a) Exercise general supervision over the funds of the University and shall advise it as regards its financial policy; and

(b) Perform such other financial functions as may be assigned to him by the Board of Management or ass may be prescribed by the Statutes or the Ordinances.

(7) Subject to the control of the Board of Management, the Finance Officer shall-

(a) Hold and manage the property and investments of the University including trust and endowed property;

(b) Ensure that the limits fixed by the Board of Management for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted;

(c) Be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Board of Management;

(d) Keep a constant watch on the state of the cash and bank balances and on the state of investments;

(e) Watch the progress of the collection of revenue and advise on the methods of collection employed;

(f) Ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date and that stock-checking is conducted, of equipment and others consumable materials in all offices, Special Centres, Specialised Laboratories, Colleges and Institutions maintained by the University;

(g) Bring to the notice of the Vice-Chancellor unauthorized expenditure and other financial irregularities and suggest disciplinary action against persons at fault; and

(h) Call for from any office, Centre, Laboratory, College or Institution maintained by the University any information or returns that he may consider necessary for the performance of his duties

(8) Any receipt given by the Finance Officers or the person or persons duly authorised in this behalf by the Board of Management for any money payable to the University shall be sufficient discharge for payment of such money.

Part 6. Deans of Scholars of Studies

(1) Every Dean of a School of Statutes shall be appointed by the Vice-Chancellor from among the Professors in the School for a period of three years and he shall be eligible for reappointment:

Provided that a Dean on attaining the age of sixty years shall cease to hold office as such:

Provided further that if at any time there is no Professor in a School, the Vice-Chancellor, or a Dean authorised by the Vice-Chancellor in this behalf, shall exercise the powers of the Dean of the School.

(2) When the office of the Dean is vacant or when the Dean is, by reason of illness, absence or any other cause, unable to perform duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

(3) The Dean shall be the Head of the School and shall be responsible for the conduct and maintenance of the standards of teaching and research in the School and shall have such other functions as may be prescribed by the Ordinances.

(4) The Dean shall have the right to be present and to speak at any meeting to the Boards of Studies or Committees of the School, as the case may be, but shall not have the right to vote thereat unless he is a member thereof:

Part 7. Heads of Departments

(1) In the case of Departments where there is only one Professor, the Head of the Department shall be appointed by the Board of Management on the recommendation of the Vice-Chancellor from among the Professors.

(2) In the case of Departments where there is only one Professor, the Board of Management shall have the option to appoint, on the recommendation of the Vice-Chancellor, either the Professor or a Reader as the Head of the Department:

Provided that it shall be open to a Professor or Reader to decline the offer of appointment as the Head of the Department.

(3) A person appointed as the Head of the Department shall hold office as such for a period of three years and shall be eligible for re-appointment.

(4) A Head of a Department may resign his office at any time during hiss tenure of office

(5) A Head of a Department shall perform such duties as may be prescribed by the Ordinances.

Part 8. Proctors

(1) Every Proctor shall be appointed by the Board of Management on the recommendations of the Vice-Chancellor and shall exercise such powers and perform such duties as may be assigned to him by the Vice-Chancellor.

(2) Every Proctor shall hold office for a term of two years and shall be ligible for re-appointment.

Part 9. Librarian

(1) The Librarian shall be appointed by the Board of Management on the recommendations of the Selection Committee constituted for the purpose and he shall be a whole-time officer of the University.

(2) The Librarian shall exercise such powers and perform such duties as may be assigned to him by the Board of Management.

Part 10.

Part 11. Quorum for meetings of the Board of Management

Five members of the Board of Management shall form a quorum for a meeting of the Board of Management.

Part 12. Powers and functions of the Board of Management

(1) The Board of Management shall have the power of management and administration of the revenue and property of the University and the conduct of all administrative affairs of the University not otherwise provided for.

(2) Subject to the provisions of this Act, the Statutes and the Ordinances, the Board of Management shall, in addition to all other powers vested in it, have the following powers, namely:-

(i) To create teaching and academic posts, to determine the number and emoluments of such posts and to define the duties and conditions of service of Professors, Readers, Lecturers and other academic staff and Principals of Colleges and Institutions maintained by the University:

Provided that no action shall be taken by the Board of Management in respect of the number, qualification and the emoluments of teachers and academic staff otherwise than after consideration of the recommendations the Academic Council:

(ii) To appoint such Professors Readers, Lecturers and other academic staff, as may be necessary, and Principals of Colleges and Institutions maintained by the University on the recommendation of the Selection Committee constituted for the purpose and to fill up temporary vacancies therein:

(iii) To create administrative, ministerial and other necessary posts and to make appointments thereto in the manner prescribed by the Ordinances:

(iv) To grant leave of absence to any officer of the University other than the Chancellor and the Vice-Chancellor, and to make necessary arrangement for the discharge of the functions of such officer during his absence:

(v) To regulate and enforce discipline among employees in accordance with the Statutes and the Ordinances:

(vi) To manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the University , and for that purpose to appoint such agents as it may think fit;

(vii) To fix limits on the total recurring and the total non-recurring expenditure for a year on the recommendations of the Finance Committee;

(viii) To invest any money belonging to the University, including any unapplied income, in such stocks, funds, share or securities, from time to time, as it may think fit or in the purchase of immovable property in India, with the like powers of varying such investment from time to time;

(viii) To transfer or accept transfer or any movable or immovable property on behalf of the University;

(ix) To enter into, vary, carry out and cancel contracts on behalf of the University;

(x) To provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University;

(xii) To entertain, adjudicate upon, and, if necessary, to remove them, and to fix their fees, emoluments and travelling and other allowances, after consulting the Academic Council;

(xiv) To select a common seal for the University and provide for the custody and use of such real;

(xv) To make such special arrangements as may be necessary for the residence and discipline of women students;

(xvi) To delegate any of its powers to the Vice-Chancellor, the Pro- Vice-Chancellor, the Deans, the Registrar or the Finance Officer or such other employee or authority of the University or to a committee appointed by it may deem fit;

(xvii) To institute fellowships, scholarships, studentships, medals and prizes;

(xviii) To provide for the appointment of Visiting Professors, Emeritus Professors; Consultants and Scholars and determine and terms and conditions of such appointments; and

(xix) To exercise such other powers and perform such other duties as may be conferred or imposed on it by the Act, or the Statutes.

(4) The Planning and Academic Committee shall meet at such intervals as it shall deem expedient, but it shall meet at twice in a year.

(5) On the date determined by the Visitor under sub-section (3) of section 20, this Statute shall cease to have effect.

Part 13.

Part 14. Quorum for meetings of the Academic Council

Nine Members of the Academic Council shall form a quorum for a meeting of Academic Council.

Part 15. Powers of the Academic Council

Subject to the Act, the Statutes and the Ordinances, the Academic Council shall, in addition to all other powers vested in it, have the following powers, namely:-

(a) To exercise general supervision over the academic policies of the University and to give directions regarding methods of instructions, co-operative teaching among Colleges and Institutions, evaluation of research or improvements in academic standards;

(b) To bring about inter-School co-ordination, to establish or appoint committees or boards, for taking up projects on an inter-School basis;

(c) To consider matters of general academic interest either on its own initiative or on a reference by a School or the Board of Management and to take appropriate action thereon; and

(d) To frame such regulations and rules consistent with the Statutes and the Ordinances regarding the academic functioning of the University, discipline, residence, admission, award of fellowships and studentships, fees, concessions, corporate life and attendance.

Part 16. The planning Board

(1) The Planning Board shall be the principal planning body of the University and shall be reasonable for-

(a) Reviewing the educational programmes offered by the University;

(b) Organizing the structure of education in the University so as to provide opportunities to students to offer different combinations of subjects appropriate for the development of personality and skills for useful work in society;

(c) Creating in atmosphere and environment conductive to value-oriented education; and

(d) Developing new teaching -learning processes which will combine to lectures, tutorials, seminars, demonstrations, self-studies and collective impractical projects.

(3) The Planning Board shall have the power to advise on the development of the University and review the progress implementation of programmed so as to ascertain whether they are on the lines recommended by it and shall also have the power to advise the Board of Management and the Academic Council on any matter in connection therewith.

(4) The constitution of a Board of Post-graduate Studies and the term of office of its members shall be prescribed by the Ordinances.

(5) The functions of a Board of Post-graduate Studies shall be to approve subjects for research for various degrees and other requirements of research degrees and to recommend to the concerned School Board in the manner prescribed by the Ordinances—

(a) Courses of studies and appointment of examiners for Postgraduate courses, but excluding research degrees;

(b) Appointment of supervisors of research; and

(c) Measures for the improvement of the standard of postgraduate teaching and research:

Provided that the above functions of a Board of Post-graduate Studies shall, during the period of three years immediately after the commencement of the Act, be performed by the Department.

(6) The constitution and functions of a Board of Under-graduate Studies and the term of its members shall be prescribed by the Ordinances.

Part 17.

Part 18.

Part 19. Finance Committee

(1) The Finance Committee shall consist of the following members, namely:–

(i) The Vice-Chancellor;

(ii) The Pro- Vice-Chancellor;

(iii) Three persons nominated by the Board of Management, out of whom at least one shall be a member of the Board of Management; and

(iv) Three persons nominated by the Visitor.

(2) Five members of the Finance Committee shall form a quorum for a meeting of the Finance Committee.

(3) All the members of the Finance Committee, other than ex officio members, shall hold office for a term of three years

(4) A member of the Finance Committee shall have the right to record a minute of dissent if he does not agree with any decision of the Finance Committee.

(5) The Finance Committee shall meet at least thrice every year to examine the accounts and to scrutinise proposals for expenditure.

(6) All proposals relating to creating of posts, and those items which have not been included in the Budget, should be examined by the Finance Committee before they are considered by the Board of Management.

(7) All proposals relating and the financial estimates of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Board of Management for approval.

(8) The Finance Committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the University (which, in the case of productive works, may include the proceeds of loans).

Part 20. Selection Committees

(1) There shall be Selection Committees for making recommendations to the Board of Management for appointment to the posts of Professor, Reader, Lecturer, Registrar, Finance Officer, Librarian and Principals of Colleges and Institutions maintained by the University.

(2) The Selection Committee for appointment to the posts specified in column 1 of the Table below shall consist of the Vice-Chancellor, Pro- vice-chancellor a nominee of the Visitor and the persons specified in the corresponding entry in column 2 of the Table:

TABLE

12
Professor(i) The Head of the Department concerned if he is a Professor.
(ii) One Professor to be nominated by the Vice-Chancellor.
(iii) Three persons not in the service of the University nominated by the Board of Management, out of a panel of names recommended by the Academic Council for their special knowledge of or interest in, the subject with which the Professor will be concerned.
Reader/Lecturer(i) The Head of the Department concerned.
(ii) One Professor to be nominated by the Vice-Chancellor.
(iii) Two persons not in the service of the University, nominated by the Board of Management, out of a panel of namesrecommended by the Academic Council for their special knowledge of or interest in, the subject with which the Reader or a Lecturer will be concerned.
Registrar(i) Two members of the Board of Management Registrar Finance Officer
(ii) one person not in the service of the University nominated by the Board of Management
Librarian.(i) Two persons not in the service of the University, who have special knowledge of the subject of the Library Science/Library Administration to be nominated by the Board of Management.
(ii) One person not in the service of the University, nominated by the Board of Management.
Principal of College or There persons not in the service of the Institution maintained by University of whom two shall be the University nominated by the Board of Management and one by the Academic Council for their special knowledge of, or interest in, a subject in which instruction is being Provided by the College or Institution.

NOTE: 1.Where the appointment is being made for an inter-disciplinary project, the heard of the project shall be deemed to be the Head of the Department concerned.

2. The Professor to be nominated shall be Professor concerned with the specialty for which the selection is being made and that the Vice-Chancellor shall consult the Head of the Department and the Dean of School before nominating the Professor

(3) The vice-chancellor, or in his absence, the Pro-Vice-Chancellor shall preside at the meetings of a Selection Committee:

Provided that the meetings of the Selection Committee shall be fixed after prior consultation with, and subject to the convenience of Visitor’s nominee and the persons nominated by the Board of Management under clause (2);

Provided further that the proceedings of the Selection Committee shall not be valid unless,-

(a) Whereas the number of Visitor’s nominee and the persons nominated by the Board of Management is four in all, at least three of them attend the meeting; and

(b) Where the number of Visitor’s nominee and the persons nominated by the Board of Management is three in all, at least two of them attend the meeting.

(4) The meeting of a Selection Committee shall be convened by the Vice-Chancellor or in his absence by the Pro-Vice-Chancellor.

(5) The procedure to be followed by a Selection Committee in making recommendations shall be laid down in the ordinances

(6) If the Board of Management is unable to accept the recommendations made by a Selection Committee, it shall record its reasons and submit the case to the Visitor for final orders.

(7) Appointments to temporary posts shall be made in the manner indicated below:-

(i) If the temporary vacancy is for a duration longer than one academic session, it shall be filled on the advice of the Selection Committee in accordance with the procedure indicated in the foregoing clauses:

Provided that if the Vice-Chancellor is satisfied that in the interests of work it is necessary to fill the vacancy, the appointment may be made on a purely temporary basis by a local Selection Committee referred to in sub-clause (ii) for a period not exceeding six months.

(ii) If the temporary vacancy is for a period less than a year, an appointment to such vacancy shall be made on the recommendation of a local Selection Committee consisting of the Dean of the School concerned, the Head of the Department and a nominee of the Vice-Chancellor:

Provided that if the same person holds the offices of the Dean and the Head of the Department, the Selection Committee may contain two nominees of the Vice-Chancellor:

Provided further that in case sudden casual vacancies of teaching posts caused by death or any other reason, the Dean may, in consultation with the Head of the Department concerned, make a temporary appointment for a month and report to the Vice-Chancellor and the Registrar about such appointment.

(iii) No teacher appointed temporarily shall, if he is not recommended by a regular Selection Committee for appointment under the Statutes, he continued in service on such temporary employment, unless he is subsequently selected by a local Selection Committee or a regular Selection Committee, for a temporary or permanent appointment, as the case may be.

Part 21. Special mode of appointment

(1) Notwithstanding anything contained in Statute 20, the Board of Management may invite a person of high academic distinction and professional attainments to accept a post of Professor or Reader or any other academic post in the University, as the case may be, on such terms and conditions as it deems fit, and on the person agreeing to do so appoint him to the post.

(2) The Board of Management may appoint a teacher or any other academic staff working in any other University or organization for undertaking a joint project in accordance with the manner laid down in the Ordinances

Part 22. Appointment for a fixed tenure

The Board of Management may appoint a person selected in accordance with the procedure laid down in Statute 20 for a fixed tenure on such terms and conditions as it deem fit.

Part 23. Recognised teachers

(1) The qualifications of recognised teachers shall be such as may be prescribed by the Ordinances.

(2) All applications for the recognition of teachers shall be made is such manner as may be laid down in the Ordinances.

(3) No teacher shall be recognised as a teacher except on the recommendation of a Selection Committee constituted for the purpose in the manner laid down in the Ordinances.

(4) The period of recognition of a teacher shall be determined by the Ordinances made in that behalf.

(5) The Academic Council may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw recognition from a teacher:;

Provided that no such resolution shall be passed until notice in writing had been given to the person concerned calling upon him to show cause, within such time as may be specified in the notice, why such resolution should not be passed and until his objection, if any, and any evidence he may produce in support in them have been considered by the Academic Council.

(6) Any person aggrieved by an order of withdrawal under clause (5) may, within three months from the date of communication to him of such order, appeal to the Board of Management which may pass such orders thereon as it thinks fit.

Part 24. Committees

(1) Any authority of the University may appoint as many standing or special Committees as it may deem fit, and may appoint to such Committees persons who are not members of such authority.

(2) Any such Committee appointed under clause (1) may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing. Terms and conditions of service and code of conduct of the teachers, etc.

Part 25.

(1) All the teachers and other academic staff of the University shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations.

(2) Every teacher and member of the academic staff of the University shall be appointed on a written contract, the form of which shall be prescribed by the Ordinances.

(3) A copy of every contract referred to in clause (2) shall be deposited with the Registrar.Terms and conditions of service and code of conduct of other employees

Part 26.

All the employees of the University other than the teachers and other academic staff of the University, shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct ass are specified in the Statutes, the Ordinances and the Regulations

Part 27.

(1) Whenever, in accordance with the Statutes, any person is to hold an office or be a member of an authority of the University by rotation according to seniority such seniority shall be determined according to the length of continuous service of such person in hiss grade, and, in accordance with such other principles as the Board of Management may, from time to time, prescribe.

(2) It shall be the duty of the Registrar to prepare and maintain, in respect of each class of persons to whom the provisions of these Statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause (1).

(3) If two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in doubt the Registrar may, on his own motion and shall, at the request of any such person, submit the matter to the Board of Management whose decision thereon shall be final.

Part 28. Removal of employees of the University

(1) Where there is an allegation of misconduct against a teacher, a member of the academic staff or other employee of the University, the Vice-Chancellor, in the case of the teacher or member of the academic staff, and the authority competent to appoint (hereinafter referred to as the appointing authority) in the case of other employees, may, by order in writing, place such teacher, member of the academic staff or other employee, as the case may be, under suspension and shall forthwith report to the Board of Management the circumstances in which the order was made:

Provided that the Board of Management may, if it is of the opinion, that the circumstances, of the case do not warrant the us pension of the teacher or a member of the academic staff, revoke such order.

(2) Notwithstanding anything contained in the terms of the contract of appointment or of any other terms and conditions of service of the employees, the Board of Management in respect of teachers and other academic staff, and the appointing authority, in respect of other employees, shall have power to remove a teacher or a member of the academic staff, or as the case may be, other employee on grounds of misconduct.

(3) Save as aforesaid, the Board of Management or as the case may be the appointing authority, shall not be entitled to remove any teacher, member of the academic staff or other employee except for a good cause and after giving three months’ notice or on payment of three months’ salary in lieu thereof.

(4) No teacher, member of the academic staff or other employee shall be removed under clause (2) or clause (3) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

(5) The removal of a teacher, member of the academic staff or other employee shall take effect from the date on which the order of removal is made:

Provided that where the teacher, member of the academic staff or other employee is under suspension at the time of his removal, such removal shall take effect from the date on which he was placed under suspension.

(6) Notwithstanding anything contained in the foregoing provisions of this Statute, a teacher, member of the academic staff or other employee may resign,–

(a) If he is a permanent employee, only after giving three months notice in writing to the Board of Management or the appointing authority, as the case may be, or by paying three month, salary in lieu thereof;

(b) If he is not a permanent employee, only after gilding one month’s notice in writing to the Board of Management or, as the case may be, the appointing authority or by paying one month’s salary in lieu thereof:

Provided that such resignation shall take effect only on the date on which the resignation is accepted by the Board of Management or the appointing authority, as the case may be.

Part 29. Honorary degrees

(1) The Board of Management may, on the recommendation of the Academic Council and by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to the Visitor for the conferment of honorary degrees:

Provided that in case of emergency, the Board of Management may, on its own motion, make such proposals

(2) The Board of Management may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the Visitor, any honorary degree conferred by the University.

Part 30. Withdrawal of degrees, etc

The Board of Management may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting withdraw any degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the University for good and sufficient cause:

Provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon him to show cause within such time as may be specified in the notice why such a resolution should not be passed and until his objection, if any, and any evidence he may produce in support of them, have been considered by the Board of Management.

Part 31. Maintenance of discipline among students of the University

(1) All powers relating to disciplinary action in relation to students of the University shall vest in the Vice-Chancellor

(2) The Vice-Chancellor may delegate all or any of his powers as he deems proper to a Protect and to such other officers as he may specify in this behalf.

(3) Without prejudice to the generally of hiss powers re lashing to the maintenance of discipline and that such action, as may seem to him appropriate for the maintenance of discipline, the Vice-Chancellor may, in exercise of his powers, by order, direct that any student or student be expelled, or rusticated, for a specified period, or be not admitted to a course or courses of study in a College, Institution or Department of the University for a stated period, or be punished with fine for an amount to be specified in the order, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the University, College, Institution or Department or a School for one or more years, or that the results of the student or students concerned in the examination or examinations which he or they have appeared be cancelled.

(4) The Principals of Colleges, Institutions, Deans of Schools of Studies and Heads of teaching Departments in the University shall have the authority to exercise all such disciplinary powers over the students in their respective Colleges, Institutions, Schools and teaching Departments in the University as may be necessary or the proper conduct of Such Colleges, Institutions, Schools and teaching in the Departments.

(5) Without prejudice to the powers of the Vice-Chancellor, the principals and other persons specified in clause (4), detailed rules of discipline and proper conduct shall be made by the University. The Principals of Colleges, Institutions, Deans of Schools of Studies and Heads of teaching Departments in the University may also make the supplementary rules as they deem necessary for the aforesaid purposes

(6) At the time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and other authorities of the University

Part 32. Convocations

Convocations of the University for the conferring of degrees or for other purposes shall be held in such manner as may be prescribed by the Ordinances.

Part 33. Acting Chairman of meetings

Where no provision is made for a President or Chairman to preside over a meeting of any authority of the University or any Committee of such authority or when the President or Chairman so provided for is absent, the members present elect one from among themselves to present at such meetings.

Part 34. Resignation

Any member, other than an ex officio member, of the Board of Management, the Academic Council or any other authority of the University or any Committee of such authority may resign by letter addressed to the Register and the resignation shall take effect as soon as such letter is received by the Registrar.

Part 35. Disqualification’s

(1) A person shall be disqualified for being chosen as, and for being, a member of any of the authorities of University,-

(i) If he is of unsound mind;

(ii) If he is an undischarged insolvent;

(iii) If he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months.

(2) If any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in clause (1) the question shall be referred to the Visitor and his decision shall be final and no suit or other proceeding shall lie in any civil court against such decision.

Part 36. Residence condition for membership and office

Notwithstanding anything contained in the Statutes, a person, who is not ordinarily resident in India shall be eligible to be an officer of the University or a member of any authority of the University. Membership of authorities by virtue of membership of other bodies

Part 37.

Notwithstanding anything contained in the Statutes, a person who holds any post in the University or is a member of any authority or body of the University in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be.

Part 38. Alumni Association

(1) There shall be an Alumni Association for the University.

(2) The subscription for membership of the Alumni Association shall be prescribed by the Ordinances.

(3) No member of the Alumni Association shall be entitled to vote or stand for election unless he has been a member of the Association for at least one year prior to the date of the election and is a degree holder of the University of at least five years standing:

Provided that the condition relating to the completion of one year’s membership shall not apply in the case of the first election.

Part 39. Student’s Council

(1) There shall be constituted in the University, a Students’ Council for every academic year, consisting of-

(i) The Dean of Students’ Welfare who shall be the Chairman of the Student’s Council;

(ii) All students who have won prizes in the previous academic year into fields of studies, fine arts, sports and extension work;

(iii) Ten students to be nominated by the Academic Council on the basis of merit in studies, sport, activities and all-round development of personality.

Provided that any student of the University shall have the right to bring up any matter concerning the University before the Students’ Council if so permitted by the Chairman, and he shall have the right to participate in the discussions at any meeting when the matter is taken up for consideration

(2) The functions of the Students’ Council shall be to make suggestions to the appropriate authorities of the University in regard to the programmes of studies, students welfare and other matters of importance in regard to the working of the University in general and such suggestions shall be made on the basis of consensus of opinion.

(3) The Student’s Council shall meet at least once in an academic year preferably in the beginning of that year.

Part 40. Ordinance how made

(1) The first Ordinances made under sub-section (2) of section 28 may be amended, repealed or added to at any time by the Board of Management in the manner specified below.

(2) No Ordinance in respect of the matters enumerated in section 28, other than those enumerated in clause (n) of sub-section (1) thereof, shall be made by the Board of Management unless a draft of such Ordinance has been proposed by the Academic Council.

(3) The Board of Management shall not have power to amend any draft of any Ordinance proposed by the Academic Council under clause (2), but may reject the proposal or return the draft to the Academic Council for reconsideration, either in whole or in part, together with any amendment which the Board of Management may suggest.

(4) Where the Board of Management has rejected or returned the draft of an Ordinance proposed by the Academic Council, the Academic Council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members present and voting and more than half the total number of members of the Academic Council, the draft may be sent back to the Board of Management which shall either adopt it or refer it to the Visitor whose decision shall be final

(5) Every Ordinance made by the Board of Management shall come into effect immediately.

(6) Every Ordinance made by the Board of Management shall be submitted to the Visitor within two weeks from the date of its adoption. The Visitor shall have the power to direct the University; within four weeks of the receipt of the Ordinance to suspend the operation of any such Ordinance and he shall, as soon as possible, inform the Board of Management about his objection to the proposed Ordinance. The Visitor may, after receiving the comments of the University, either withdraw the order suspending the Ordinance or disallow the Ordinance, and his decision shall be final.

Part 41. Regulations

(1) The authorities of the University may make Regulation consistent with the Act, the Statutes and the Ordinances for the following matters, namely:-

(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 are required by the Act, the Students or the Ordinances to be prescribed by Regulations:

(iii) Providing for all other matters solely concerning such authorities or committees appointed by them and not provided for by the Act, the statutes or the 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 meeting and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings.

(3) The Board of Management may direct the amendment in such manner as it may specify, of any Regulation made under the Statutes or the annulment of any such Regulation.

Part 42. Delegation of powers

Subject to the provisions of the Act and the Statutes, any officer or authority of the University may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers.

Bydeb

The Visva-Bharati Act, 1951

Preamble

[Act No. XXIX OF 1951]

[9th May, 1951]

An Act to declare the institution known as “Visva-Bharati” to be an institution of national importance and to provide for its functioning as a unitary teaching and residential university.

 BE it enacted by Parliament as follows:-

[Act No. XXIX OF 1951]

[9th May, 1951]

An Act to declare the institution known as “Visva-Bharati” to be an institution of national importance and to provide for its functioning as a unitary teaching and residential university.

BE it enacted by Parliament as follows:-

(1) This Act may be called the Visva-Bharati Act, 1951.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Declaration of Visva-Bharati as an institution of national importance

Whereas the late Rabindranath Tagore (Thakur) founded an institution known as Visva-Bharati at Santiniketan in the district of Birbhum West Bengal the objects of which are such as to make the institution one of national importance, it is hereby declared that the institution known as Visva-Bharati” aforesaid is an institution of national importance.

Section 3. Definitions

In this Act and in all Statutes made hereunder, unless the context otherwise requires,-

(a) “Shiksha Samiti” (Academic Council) means the Shiksha Samiti (Academic Council) of the University;

(b) “Alumni Association” means the Association of the Alumni of the University constituted under the provisions of this Act and the Statutes;

(c) “Samsad” (Court) means the Samsad (Court) of the University;

(d) “Karma Samiti” (Executive Council) means the Karma Samiti (Executive Council) of the University;

(e) “Bhavan” (Hall) means a unit of residence with provision for tutorial instruction for students 0provided or recognised by the University;

(f) “Chatravasa” (Hostel) means a unit of residence for students provided or recognised by the University;

(g) “Statutes” , ” Ordinances” and ” Regulations” mean respectively the Statutes, Ordinances and Regulations of the University for the time being in force ;

(h) “Teachers” means such persons as are engaged in imparting instruction and guiding students in practical work or otherwise in the University and in the institutions under its control, and includes professors, readers, lecturers, demonstrators and other grades of teachers appointed by the University; (I) “University” means the institution known as Visva-Bharati incorporated as a University under this Act.

Section 4. Incorporation

The first Acharya (Chancellor) and Upacharya (Vice Chancellor) of the University who shall be the persons appointed in the behalf by the Central Government by notification in the Official Gazette and the first members of the Samsad (Court) and all persons, who may be after become or be appointed as such officers or members, so long as the continue to hold such office or membership, are hereby constituted, a body corporate by the name of Visva- Bharati, and shall have perpetual succession and a common seal, and shall sue and be sued by that name.

Section 5. Effect of incorporation of the University in certain cases

On and from the commencement of this Act,-

(i) All references in any enactment to the Society of the name Visva-Bharati registered on the 16th May, 1922, under the Society Registration Act, 1860 (XXI of 1860) shall be construed as reference to the University;

(ii) Any will, deed or other document whether made or executed before or after the commencement of this Act, which contains any bequest, gift or trust in favour of the said Society shall, on the commencement of this Act be construed as if the University was there named instead of the said Society;

(iii) Subject to the provisions of this Act, every person employed immediately before the commencement of this Act in the said Society shall hold employment in the University by the same tenure and up the same terms and conditions and with the same rights and privilege as to pension and gratuity as he would have held under the said Society if this Act had not been passed:

Provided that if the University decides to alter the terms and conditions of service of any such employee, a fresh contract shall be executed for the purpose, and if the employee is not agreeable to serve under the new terms and conditions, his services may be terminated in accordance with behalf, on payment to him by way of compensation of an amount equal his salary for six months.

Section 6. Powers of the University

The University shall exercise the following powers and perform the following duties, namely:-

(a) To provide for research and instruction in such branches of learning as may be deemed desirable and be found practicable and for the promotion of understanding of cultures between the East and the West and for the advancement of learning and dissemination of knowledge generally;

(b) To maintain schools, colleges and Bhavans (halls) or recognised schools, colleges and Bhavans (halls) not maintained by the University and to withdraw such recognition;

(c) To organise, establish, carry on and maintain, or dissolve give up, new branches, or affiliate, carry on and maintain or disaffiliate associated institutions having objects similar to those of the University.

(d) To co-operate with educational or other institutions in any part of the world having objects wholly or partly similar to those of the University by exchange of teachers, scholars and generally in scuh manner as may be conducive to their common objects;

(e) To provide for the promotion of rural reconstruction, social welfare, development of cottage industries, and all other nation-building activities and works of public benefit;

(f) To hold examinations and grant such degrees, diplomas and other academic distinctions or titles to persons as may be laid down in the Statutes, Ordinances or Regulations;

(g) To institute and appoint persons to professorships, readerships, lectureships, fellowships and chairs or posts of any description;

(h) To frame Statutes, Ordinances or Regulations, and alter, modify or rescind the same;

(I) To receive gifts, donations or benefactions from Government and to receive bequests, donations, and transfers of movable or immovable properties form testators, donors or transferors, as the case may be;

(j) To deal with any property belonging to or vested in the University in such manner as to the University may seem fit for advancing the objects of the University;

(k) To do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University, and in particular the attainment of the objects set out in the First Schedule for which the institution known as Visva-Bharati was founded by the late Rabindranath Tagore.

Section 7. Territorial jurisdiction of the University

Save as otherwise provided this Act, the powers of the University conferred by or under this Act all be restricted to the area specified in the Second Schedule.

Section 8. University to be open to all races, creeds and classes

The University shall be open to all persons irrespective of sex, nationality, race, creed, caste or class and no test or condition shall be imposed as to religious belief of profession in admitting or appointing members, students, teachers, brokers, or in any other connection whatsoever, except in respect of any particular benefaction accepted by the University of which such test is made a condition by the instrument creating such benefaction:

Provided that no benefaction shall hereafter be accepted which in the opinion of the authorities of the University involves conditions or obligations opposed to the spirit and object of this section:

Provided further that nothing in this section shall be deemed to prevent religious instruction being given in any manner approved of by the authorities concerned to those who have given their consent thereto by teachers duly and properly authorised for that purpose.

Section 9. Teaching at the University

All teaching in the University shall be conducted by and in the name of the University in accordance with the statutes and Ordinances made in this behalf.

Section 10. The Paridarsaka (Visitor)

(1) The President shall be the Paridarsaka (Visitor) of the University.

(2) The Paridarsaka (Visitor) shall have the right to cause an inspiration to be made by such person or persons as he may direct, of the University, its buildings, laboratories and equipment, and of any institutions maintained by the University and also of the examinations teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the University.

(3) The Paridarsaka (Visitor) shall in every case give notice to the University of his intention to cause an inspection or inquiry to be made, and the University shall be entitled to be represented thereat.

(4) The Paridarsaka (Visitor) may address the Upacharya (Vice-Chancellor) with reference to the result of such inspection and inquiry, and the Upacharya (Vice-Chancellor) shall communicate to the Karma Samiti (Executive Council) the views of the Paridarsaka (Visitor) with such advise as the Paridarsaka (Visitor) may offer upon the action to be taken thereon.

(5) The karma Samiti (Executive Council) shall communicate through the Upacharya (Vice-Chancellor) to the Paridarsaka (Visitor) such action if any, as it is proposed to take or has been on the result of such inspection or inquiry.

(6) When the Paridarsaka (Visitor) has, in pursuance of this section addressed the Upacharya (Vice-Chancellor) in connection with any finance or administrative matter relating to the University and the Karma Samiti (Executive Council) does not, within a reasonable time, take action the satisfaction of the Paridarsaka (Visitor) in respect thereof, the Paridarsaka (Visitor) may, after considering any explanation furnished or representation made by the Karma Samiti (Executive Council), issue such directions as he may think fit, and the Karma Samiti (Executive Council) shall comply with such directions.

(7) The Karma Samiti (Executive Council) shall report to the Samiti (Court) at the next annual meeting the action, if any, that may have been taken or is proposed to be taken as a result of the inquiry made and the advise given by the Paridarsaka (Visitor).

Section 11. The Pradhana (Rector)

The Governor of West Bengal shall be Pradhana (Rector) of the University.

Section 12. Officers of the University

The following shall be the officers of the University:-

(i) The Acharya (Chancellor),

(ii) The Upacharya (Vice Chancellor),

(iii) The Artha-Sachiva (Treasurer),

(iv) The Karma-Sachiva (Registrar), and

(v) Such other officers as may be declared by the Statutes to be officers of the University.

Section 13. The Acharya (Chancellor)

(1) The successors to the first Acharya (Chancellor) shall be elected by the Samsad (Court) in the manner prescribed by the Statutes.

(2) The Acharya (Chancellor) shall hold office for three years, and by virtue of his office, be the Head of the University.

(3) The Acharya (Chancellor), shall if present, preside at the Convocation of the University and at meetings of the Samsad (Court).

(4) Every proposal for the conferment of an honorary degree shall be subject to the confirmation of the Acharya (Chancellor).

(5) The Acharya (Chancellor) shall have such other powers as may be conferred on him by this Act or the Statutes.

Section 14. The Upacharya (Vice-Chancellor)

(1) The Upacharya (Vice-Chancellor) shall be the principal academic and executive officer of the University and the terms and conditions of service of the Upacharya (Vice-Chancellor) shall be as laid down by the Statutes.

(2) The Upacharya (Vice-Chancellor) shall exercise such powers and perform such functions as may be prescribed by the Statutes.

(3) The mode of appointment of the successors to the first Upacharya (Vice-Chancellor) shall be laid down in the Statutes.

Section 15. The Artha-Sachiva (Treasurer)

The Artha-Sachiva (Treasurer) shall be appointed in such manner upon such conditions and for such period as may be laid down in the Statutes, and shall exercise general supervision over the funds of the University and shall perform such functions as may be prescribed by the Statutes and the Ordinances.

Section 16. The Karma -Sachiva (Registrar)

The Karma-Sachiva (Registrar) shall act as the Secretary to the Samsad (Court) and the Karma Samiti (Executive Council) of the University and shall perform such functions as may be prescribed by the Statutes and the Ordinances and the manner and the terms and conditions of appointment of the Karma-Sachiva shall be laid down by the Statutes.

Section 17. Other officers

The powers of officers of the University other than the Acharya (Chancellor), the Upacharya (Vice-Chancellor) and the Artha-Sachiva (Treasurer) shall be as prescribed by the Statutes.

Section 18. Authorities of the University

The following shall be authorities of the University:-

(1) The Samsad (Court),

(2) The Karma Samiti (Executive Council),

(3) The Shiksha Samiti (Academic Council), and

(4) Such other authorities as may be declared by the Statutes to be authorities of the University.

Section 19. The Samsad (Court)

(1) The Samsad (Court) shall consist of the following persons, namely:-

Class I-Ex-officio members

(i) The Acharya (Chancellor),

(ii) The Upacharya (Vice-Chancellor),

(iii) The Minister of Education in the Government of West Bengal.

(iv) The Artha-Sachiva (Treasurer),

(v) Principals of colleges,

(vi) Heads of departments,

Class II – Life members

(vii) Persons who have been pradhanas of the Visva – Bharati Society immediately before the commencement of this Act,

(viii) Such persons as may be appointed by the Paridarsaka (Visitor) either on his own motion or on the recommendation of the Karma Samiti (Executive Council) to be life members of the Samsad (Court) on the ground that they have rendered eminent service to education.

Class III – Other members

(ix) Representatives of the Alumni Association elected from among its own members,

(x) Persons elected from among their own body by donors of such amounts as may be prescribed by the Statutes to or for the purposes of the University.

(xi) Persons elected by the Shiksha Samiti (Academic Council) from among its own members,

(xii) Representatives of Parliament elected by it,

(xiii) Persons co-opted by the Samsad (Court),

(xiv) Persons nominated by the Paridarsaka (Visitor),

(xv) Persons nominated by the Pradhana (Rector),

(xvi) Persons nominated by the Acharya (Chancellor).

(2) The number of members to be appointed, elected, co-opted or nominated under clauses (viii) to (xvi) of sub-section (1) and the tenure of office of members to be elected, co-opted or nominated under each clause of Class III of that sub-section and the mode of election of members to be elected shall be prescribed by the Statutes.

Section 20. Meetings of the Samsad (Court)

(1) The Samsad (Court) shall, on a date to be fixed by the Upacharya (Vice-Chancellor) meet once a year at a meeting to be called the annual meeting of the Samsad (Court).

(2) The Upacharya (Vice – Chancellor) may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than one-third of the members of the Samsad (Court) convene a special meeting of the Samsad (Court).

Section 21. Powers and duties of the Samsad (Court)

(1) The Samsad (Court) shall be the supreme governing body of the University and shall exercise all the powers of the University not otherwise provided for by this Act, the Statutes, the Ordinances and the Regulations, and shall have power to review the acts of the Karma Samiti and Shiksha Samiti (Executive and Academic Councils).

(2) Subject to the other provisions contained in this Act, the Samsad (Court) may-

(a) Make Statutes;

(b) Consider the Ordinances and the Regulations;

(c) Consider and pass such resolutions on the annual report, the annual accounts and the financial estimates as it thinks fit;

(d) Elect such persons to serve on authorities of the University and appoint such officers as may be prescribed by this Act or the Statutes; and

(e) Exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or the Statutes.

Section 22. The Karma Samiti (Executive Council)

The Karma Samiti (Executive Council) shall be the executive body of the University and its constitution and the term of office of its members shall be prescribed by the Statutes.

Section 23. Powers and duties of the Karma Samiti (Executive Council)

The Karma Samiti (Executive Council)-

(a) Shall hold, control and administer the property and funds of the University and for these purposes it shall have a Standing Finance Committee whose constitution and powers and duties shall be defined by the Statutes ;

(b) Shall determine the form, provide for the custody and regulate the use, of the common seal of the University ;

(c) Shall submit to the Central Government annually a full statement of the financial requirements of the University

(d) Shall administer any funds placed at the disposal of the University for specify purposes;

(e) Subject to the provisions of this Act and the Statutes, shall appoint the officers [other than the Acharya (Chancellor) , the Upacharya (Vice-Chancellor), and the Artha-Sachiva (Treasurer)] teachers and other servants of the University, and shall define their duties and the conditions of their service, and shall provide for the filling of temporary vacancies in their posts;

(f) Shall have power to accept on behalf of the University transfers of any movable or immovable property;

(g) Shall appoint examines after consideration of the recommendations of the Shiksha Samiti (Academic Council);

(h) Shall arrange for the holding of, and publish the results of, the University examinations;

(i) May delegate, subject to such conditions as may be prescribed by the Ordinances its power to appoint officers, teachers and other servants of the University to such person or authority as the Karma Samiti (Executive Council) may determine ;

(j) Shall exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act or the Statutes ;

Provided that no action shall be taken by the Karma Samiti (Executive Council) in respect of the number, qualifications and status of teachers, otherwise than on a recommendation of the Shiksha Samiti (Academic Council) ;

(k) Shall exercise all other powers of the University not otherwise provided for by this Act or the Statutes.

Section 24. The Shiksha Samiti (Academic Council)

(1) The Shiksha Samiti (Academic Council) shall be the academic body of the University, and shall, subject to the provisions of this Act, the Statutes ad the Ordinances, have the control and general regulation, and be responsible for the maintenance of standards of institution, education and examination within the University, and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes and shall have the right to advise the Karma Samiti (Executive Council) on all academic matters.

(2) The constitution of the Shiksha Samiti (Academic Council) and the terms of office of its members shall be prescribed by the Statutes.

Section 25. Other authorities of the University

The constitution, powers and duties of such other authorities as may be declared by the Statutes to be authorities of the University shall be as provided for in the Statutes.

Section 26. Alumni Association

The University shall have an Alumni Association open to past students and past workers of the University, including members of the Asramika Sangha of the former Visva-Bharati Society, on such conditions as may be laid down in the Statutes.

Section 27. Statutes

Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:-

(a) The conferment of honorary degrees ;

(b) The institution of fellowships, scholarships, exhibitions., medals and prizes ;

(c) The designations and powers, functions and duties of the officers of the University ;

(d) The terms of office and the method and conditions of election or appointment of the officers of the University ;

(e) The constitution, powers and duties of the authorities of the University;

(f) The classification and mode of appointment and the determination of the terms and conditions of service of teachers of the University ;

(g) The institution and maintenance of Bhawanas (Halls) and Chatravasas (Hotels) ;

(h) The constitution of pension, insurance and provident fund for the benefit of the officers, teachers and other servants of the University ;

(i) The constitution and activities of the Alumni Association ;

(j) The discipline of students ; and

(k) Any other matters which by this Act are to be or may be prescribed by the Statutes.

Section 28. Statutes, how made

(1) The first Statutes shall be framed by the first Acharya (Chancellor) and shall be subject to the approval of the Paridarsaka (Visitor).

(2) The Statutes may be amended, repealed or added to by Statutes made by the Samsad (Court) in the manner hereinafter appearing.

(3) The Karma Samiti (Executive Council) may propose to the Samsad (Court) the draft of any Statutes to be passed by the Samsad (Court), and such draft shall be considered by the Samsad (Court) at its next succeeding meeting.The Samsad (Court) may approve such draft and pass the Statutes, or may reject it or return it to the Karma Samiti (Executive Council) for reconsideration, either in the whole or in part, together with any amendments which the Samsad (Court) may suggest.

(4) After any draft so returned has been further considered by the Karma Samiti (Executive Council) together with any amendments suggested by the Samsad (Court) returned thereto, it shall be again presented to the Samsad (Court) with the report of the Karma Samiti (Executive Council) thereon, and the Samsad (Court) may then deal with the draft in any way it thinks fit.

(5) Where any Statute has been passed or a draft of a Statute or part thereof has been rejected by the Samsad (Court), it shall be submitted to the Paridarsaka (Visitor), who may refer the Statue or draft back to the Samsad (Court) for further consideration or, in the case of a Statue passed by the Samsad (Court) assent thereto or withhold his assent.

(6) A Statute passed by the Samsad (Court) shall have no validity until it has been assented to by the Paridarsaka (Visitor).

(7) The Karma Samiti (Executive Council) shall not propose the draft of any Statute affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion upon the proposal, and any opinion so expressed shall be in writing and shall be considered by the Samsad (Court), and shall be submitted to the Paridarsaka (Visitor).

(8) The Samsad (Court) may of its own motion take into consideration the draft of any Statue;

Provided that in any such case before a Statute is passed affecting the powers or duties of the Acharya (Chancellor), the Upacharya (Vice-Chancellor) or the Artha-Sachiva (Treasurer) or any authority or board, the opinion of the Karma Samiti (Executive Council) and a report from the person or body concerned shall have been taken into consideration by the Samsad (Court).

Section 29. Ordinances

Subject to the provisions of this Act and the Statutes, the ordinances may provide for all or any of the following matters, namely:-

(a) The admission of students to the University;

(b) The courses of study to be laid down for all degrees and diplomas of the University;

(c) The conditions under which students shall be admitted to the degree or diploma courses and to the examinations of the University, and shall be eligible for degrees and diplomas.

(d) The conditions of the award of the fellowships, scholarships, exhibitions, medals and prizes;

(e) The conditions and mode of appointment and duties of examining bodies, examiners and moderators ;

(f) The conduct of examinations ;

(g) The conditions of residence of the students of the University and the levying of fees for residence in Bhavanas (Halls) and Chatravasas (Hostels) and of other charges;

(h) The fees to be charged for courses of study in the University and for admission to the examinations, degrees, and diplomas of the University;

(i) The maintenance of discipline among the students of the University;

(j) The number and qualifications of teachers of the University;

(k) The formation of departments of teachers ; and

(l) Any other matters which by this Act or the Statutes are to be or may be provided for the Ordinances.

Section 30. Ordinances, how made

(1) Save as otherwise provided in this section, Ordinances shall be made by the Karma Samiti (Executive Council):

Provided that-

(a) No Ordinance shall be made affecting the admission or enrolment of students, or prescribing examinations to be recognised as equivalent to the University examinations unless a draft of the same has been proposed by the Shiksha Samiti (Academic Council); and

(b) No Ordinance shall be made affecting the conditions and mode of appointment or duties of examiners or the conduct or standard of examinations or any course of study, except in a accordance with a proposal of the Shiksha Samiti (Academic Council) and unless a draft of such Ordinance has been proposed by the Shiksha Samiti (Academic Council) in the manner prescribed by the Statutes; and

(c) No Ordinance shall be made affecting the conditions of residence of students, except after compliance with such conditions as may be prescribed by the Statutes.

(2) The Karma Samiti (Executive Council) shall not have the power to amend the any draft proposed by the Shiksha Samiti (Academic Council) under the provisions of sub-section (1), but may reject it or return it to the Shiksha Samiti (Academic Council) for reconsideration either in whole or in part, together with any amendments which the Karma Samiti (Executive Council) may suggest.

(3) All Ordinances made by the Karma Samiti (Executive Council) shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be to the Paridarsaka (Visitor) and the Samsad (Court), and shall be considered by the Samsad (Court), at its next succeeding meeting.

(4) The Samsad (Court) shall have power by a resolution passed by a majority of not less than two-thirds of the members present at such meeting to modify or cancel any such Ordinance and such Ordinance shall, from the date of such resolution, stand modified or cancelled, as the case may be.

(5) The Paridarsaka (Visitor) may, at any time after any Ordinance has been considered by the Samsad (Court) signify to the Samsad (Court) and the Karma Samiti (Executive Council) his disallowance of such Ordinance, on the ground tat it is repugnant to or contravenes any of the provisions of this Act and from the date of receipt by the Karma Samiti (Executive Council) of intimation of such disallowance, such Ordinance shall become void.

(6) The paridarsaka (Visitor) may direct that the operation of any Ordinance shall be suspended until he has an opportunity of exercising his power of disallowance and any order of suspension under this subsection shall cease to have effect on the expiration of one month from the date of such order, or on the expiration of fifteen days from the date of consideration of the Ordinance by the Samsad (Court) whichever period expires later.

(7) Where the Karma Samiti (Executive Council) has rejected the draft of an Ordinance proposed by the Shiksha Samiti (Academic Council) the Shiksha Samiti (Academic Council) may appeal to the Samsad(Court), which after obtaining the views of the Karma Samiti (Executive Council), may , if it approves the draft, make the Ordinance and submit it to the Paridarsaka (Visitor), for approval.

Section 31. Regulations

(1) The authorities of the University may make Regulations consistent with this Act, the Statutes and the Ordinances-

(a) Laying down the procedure to be observed at their meetings and the number of members required to form a quorum;

(b) Providing for all matters which by this Act, the Statutes or the Ordinances are to be prescribed by the Regulations ; and

(c) Providing for all other matters solely concerning the authorities or committees appointed by them and not provided for by this Act, the Statutes and the 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 considered at meetings and for the keeping of a record of the proceedings of meetings.

(3) The Karma Samiti (Executive Council) may direct the amendment, in such manner as it may specify, of any Regulation made under this section or the amendment of any Regulation made under sub-section (1).

Section 32. Residence

Every student of the University shall reside in a Bhavan (Hall) or Chatravasa (Hostel) or under such conditions as may be prescribed by the Statutes and the Ordinances.

Section 33. Admission

Admission of students to the University shall be made in such manner as may be prescribed by the Ordinances.

Section 34. Examinations

Subject to the provisions of the Statutes , all arrangements for the conduct of examinations shall be made by the Karma Samiti (Executive Council ) in such manner as may be prescribed by the Ordinances.

Section 35. Annual reports

(1) The annual report of the University shall be prepared under the directions of the Karma Samiti (Executive Council) and shall be submitted to the Samsad (Court ) on or before such date as may be prescribed by the Statutes, and shall be considered by the Samsad (Court) as its annual meeting.

(2) The Samsad(Court) may pass resolutions on the report and communicate the same to the Karma Samiti (Executive Council) which shall take such action as it thinks fit, and the Karma Samiti (Executive Council) shall inform the Samsad(Court) of the action taken by it and , when no action is taken, of its reasons therefor.

Section 36. Annual accounts

(1) The annual accounts and balance-sheet of the University shall be prepared under the direction of the Karma Samiti (Executive Council) and shall be submitted to the Central Government.

(2) The audit of the accounts of the University shall be carried out according to the directions of the Central Government.

(3) Copies of the audited accounts together with copies of the audit report, if any, shall be submitted to the Samsad (Court) and to the Paridarsaka (Visitor).

(4) The annual accounts and the financial estimates shall be considered by the Samsad (Court) at its annual meeting, and the Samsad (Court) may pass resolutions thereon and communicate the same to the Karma Samiti (Executive Council) which shall take them into consideration and take such action thereon as it thinks fit or inform the Samsad (Court), when no action is taken, of its reasons therefor.

Section 37. Conditions of service of officers and teachers

Every salaried officer and teacher 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 officer or teacher concerned.

Section 38. Tribunal of Arbitration

Every dispute arising out of a contract between the University and any of its officers or teachers shall be referred to a Tribunal of Arbitration consisting of one member appointed by the Karma Samiti (Executive Council) one member nominated by the officer or teacher concerned and an umpire appointed by the Paridarsaka (Visitor), and the decision of the Tribunal shall be final.

Section 39. Pension and provident funds

(1) The University shall constitute, for the benefit of its officers [including the Upacharya (Vice-Chancellor)], the teachers and other servants, in such manner and subject to such conditions as may be prescribed by the Statutes, such pension, insurance and provident funds as it may deem fit.

(2) Where any such pension, insurance or provident fund has been so constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925 (XIX of 1925) shall apply to such fund as it were a Government Provident Fund.

Section 40. Filling of casual vacancies

(1) Subject to any provision in this Act and in the Statutes, the Karma Samiti (Executive Council) shall appoint, with the approval of the Paridarsaka (Visitor), a person to fill a casual vacancy in the office of the Upacharya (Vice-Chancellor), and the person so appointed shall hold office till the next meeting of the Samsad (Court).

(2) All casual vacancies among the members (other than ex-officio members) of any authority or other body of the University shall be filled, as soon as conveniently may be, by the person or body who appointed, elected or co-opted the member whose place has become vacant, and the person appointed, elected or co-opted to a casual vacancy shall be member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

Section 41. Removal from Membership of the University

The Samsad (Court) may, on the recommendation of not less than two-thirds of the members of the Karma Samiti (Executive Council) remove any person from membership of any authority or board of the University in case of a serious offence involving moral turpitude, or if he has been guilty of scandalous conduct and for the same reasons may withdraw any degree or diploma conferred or granted by the University.

Section 42. Disputes as to constitution of any University authority or body

If any question arises whether any person has been duly elected 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 Paridarsaka (Visitor), whose decision thereon shall be final.

Section 43. Constitution of committees

Where any authority of the University is given power by this Act or by the Statutes to appoint committees, such committee shall, unless there is some special provision to the contrary, consist of members of the authority concerned and of such other persons (if any) as the authority in each case may think fit.

Section 44. Proceedings of the University authorities not invalidated by vacancies

No act or proceeding of any authority or other body of the University shall be invalidated merely by reason of the existence of a vacancy or vacancies amount its members.

Section 45. Power to remove difficulties

If any difficulty arises with respect to the establishment of the University or any authority of the University or in connection with the first meeting of any authority of the University, the Paridarsaka (Visitor) in consultation with the Upacharya (Vice Chancellor) may, by order, make any appointment or do anything which appears to him necessary or expedient for the proper establishment of the University or any authority thereof or for the first meeting of any authority of the University.

THE SCHEDULE 1

[See section 6 (k)]

[The objects for which the late Rabindranath Tagore founded the Visva-Bharati at Santiniketan.]

(i) To study the mind of Man in its realisation of different aspects of truth from diverse points of view,

(ii) To bring into more intimate relations with one another, through patient study and research, the different cultures of the East on the basis of their underlying unity,

(iii) To approach the West from the standpoint of such a unity of the life and though of Asia,

(iv) To seek to realise in a common fellowship of study the meeting of the East and the West, and thus ultimately to strengthen the fundamental conditions of world peace through the establishment of free communication of ideas between the two hemispheres, and

(v) With such ideals in view to provide at Santiniketan aforesaid a Centre Culture where research into and study of the religion, literature, history, science and art of Hindu , Buddhist, Jain, Islamic, Sikh, Christian and other civilization may be pursued along with the culture of the West, with that simplicity in externals which is necessary for true spiritual realisation, in amity, good-fellowship and cooperation between the thinkers and scholars of both Eastern and Western countries free from all antagonisms of race, nationality creed or caste.

THE SCHEDULE 2

(See section 7)

The territorial limits of the University.

The area known as Sanitniketan in the District of Birbhum in West Bengal, admeasuring 11.5 square miles, bounded-

On the north by the Kopai River,

On the west by a line running from Ballavpur and Bonuri villages to Bandgora,

On the south by a line running from Bandgora via Bolpur Dak Bungalow to the bridge over the East Indian Railway cutting and

On the east by the East Indian Railway line.

Bydeb

The Semiconductor Integrated Circuits Layout Design Act, 2000

Section 1. Short title, extent and commencement

(1) This Act may be called the Semiconductor Integrated Circuits Layout-Design Act, 2000

(2) It extends to the whole of India

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision

Section 2. Definitions

In this Act, unless the context otherwise requires, –

(a) ”Appellate Board” means the Appellate Board established under section 32;

(b) ”Assignment” means an assignment in writing by act of the parties concerned;

(c) ‘Bench” means a Bench of the Appellate Board;

(d) ”Chairperson” means the Chairperson of the Appellate Board;

(e) ”Commercial exploitation”, in relation to Semiconductor Integrated Circuits Layout-Design, means to sell, lease, offer or exhibit for sale or otherwise distribute such semiconductor integrated circuit for any commercial purpose;

(f) ”Convention country” means a country notified as such under section 93;

(g) ”Judicial Member” means a Member of the Appellate Board appointed as such under this Act, and includes the Chairperson or such Vice-Chairperson who possesses any of the qualifications specified in sub-section (3) of section 34;

(h) ”Layout-design” means a layout of transistors and other circuitry elements and includes lead wires connecting such elements and expressed in any manner in a semiconductor integrated circuit;

(i) ”Member” means a Judicial Member or a Technical Member of the Appellate Board and includes the Chairperson and the Vice-Chairperson;

 (j) ”Notify” means to notify in the Semiconductor Integrated Circuit Journal published by the Registrar;

 (k) ”Prescribed” means prescribed by rules made under this Act;

 (l) ”Register” means the Register of Layout-Designs referred to in section 6;

 (m) ”Registered” (with its grammatical variations) means registered under this Act;

 (n) ”Registered layout-design” means a layout-design which is actually on the register;

 (o) ”Registered proprietor”, in relation to a layout-design, means the person for the time being entered in the register as proprietor of the layout-design;

 (p) ”Registered user” means a person who is for the time being registered as such under section 25;

 (q) ”Registrar” means the Registrar of Semiconductor Integrated Circuits Layout-Design referred to in section 3;

 (r) ”Semiconductor integrated circuit” means a product having transistors and other circuitry elements which are inseparably formed on a semiconductor material or an insulating material or inside the semiconductor material and designed to perform an electronic circuitry function;

 (s) ”Technical Member” means a Member of the Appellate Board who is not a Judicial Member and includes the Chairperson or such Vice-Chairperson who possesses any of the qualifications specified in sub-section (4) of section 34;

 (t) ”Transmission” means transmission by operation of law, devolution on the personal representation of a deceased person or any other mode of transfer not being assignment;

 (u) ”Vice-Chairperson” means the Vice-Chairperson of the Appellate Board;

 (v) Any reference to the Semiconductor Integrated Circuits Layout-Design Registry shall be construed as including a reference to any office of the Semiconductor Integrated Circuits Layout-Design Registry

Section 3. Registrar of Semiconductor Integrated Circuits Layout-Design

 (1) The Central Government may, by notification in the Official Gazette, appoint a person to be known as the Registrar of Semiconductor Integrated Circuits Layout-Design for the purposes of this Act

 (2) The Central Government may appoint such other officers with such designation as it thinks fit for the purpose of discharging, under the superintendence and direction of the Registrar, such functions of the Registrar under this Act as he may from time to time authorise them to discharge

Section 4. Power of Registrar to transfer pending matters

Without prejudice to the generality of the provisions of sub-section (2) of section 3, the Registrar may, by order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer appointed under the said sub-section (2) and deal with such matter himself either de novo or from the stage it was so withdrawn or transferred the same to another officer so appointed who may subject to the special direction in the order of transfer deal with the matter either de novo or from the stage it was so transferred

Section 5. Registry

 (1) For the purposes of this Act, there shall be established a Registry which shall be known as the Semiconductor Integrated Circuits Layout-Design Registry

 (2) The head office of the Semiconductor Integrated Circuits Layout-Design Registry shall be at such place as the Central Government may specify and for the purposes of facilitating the registration of layout-designs, there may be established, at such places as the Central Government may think fit, branch offices of the Semiconductor Integrated Circuits Layout-Design Registry

 (3) The Central Government may, by notification in the Official Gazette, define the territorial limits within which an office of the Semiconductor Integrated Circuits Layout-Design Registry may exercise its functions

 (4) There shall be seal of the Semiconductor Integrated Circuits Layout-Design Registry

Section 6. Register of Layout-Designs

 (1) For the purposes of this Act, a record called the Register of Layout-Designs shall be kept at the head office of the Semiconductor Integrated Circuits Layout-Design Registry wherein shall be entered all registered layout -designs with the names, addresses and descriptions of the proprietor and such other matters related to the registered layout-designs as may be prescribed

 (2) Subject to the superintendence and direction of the Central Government, the register shall be kept under the control and management of the Registrar

 (3) There shall be kept at each Branch office of the Semiconductor Integrated Circuits Layout-Design Registry a copy of the register and other documents as the Central Government may, by notification in the Official Gazette, direct

Section 7. Prohibition of registration of certain layout-designs

 (1) A layout-design-

 (a) Which is not original; or

 (b) Which has been commercially exploited anywhere in India or in a convention country; or

 (c) Which is not inherently distinctive; or

 (d) Which is not inherently capable of being distinguishable from any other registered layout-design, shall not be registered as a layout-design: Provided that a layout-design which has been commercially exploited for not more than two years from the date on which an application for its registration has been filed either in India or in a convention the purposes of this sub-section country shall be treated as not having been commercially exploited for

 (2) A layout-design shall be considered to be original if it is the result of its creator’s own intellectual efforts and is not commonly known to the creators of layout-designs and manufacturers of semiconductor integrated circuits at the time of its creation: Provided that a layout-design consisting of such combination of elements and interconnections that are commonly known among creators of layout-designs and manufacturers of semiconductor integrated circuits shall be considered as original if such combination taken as a whole is the result of its creator’s own intellectual efforts

 (3) Where an original layout-design has been created in execution of a commission or a contract of employment, the right of registration to such layout-design under this Act shall belong, in the absence of any contractual provision to the contrary, to t e person who commissioned the work or to the employer

Section 8. Application for registration

 (1) Any person claiming to be the creator of a layout-design, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his layout-design

 (2) Every application under sub-section (1) shall be filed in the office of the Semiconductor Integrated Circuits Layout-Design Registry within whose territorial limits the principal place of business in India of the applicant or in the case of joint application the principal place of business in India of the applicant whose name is first mentioned in the application, as having a place of business in India, is situate: Provided that, where the applicant or any of the joint applicant does not carry on business in India, the application shall be filed in the office of the Semiconductor Integrated Circuits Layout-Design Registry within whose territorial limits the place mentioned in the address for service in India as disclosed in the application is situate

 (3) Subject to the provisions of this Act, the Registrar may refuse the application or may accept it absolutely or subject to such amendments or modifications, as he may think fit

Section 9. Withdrawal of acceptance

Where after the acceptance of an application for registration of layout-design, but before its registration, the Registrar is satisfied that the layout-design is prohibited of registration under section 7, the Registrar may, after hearing the applicant if he so desires, withdraw the acceptance and proceed as if the application had not been accepted

Section 10. Advertisement of application

 (1) When an application for registration of a layout-design has been accepted, the Registrar shall, within fourteen days after the date of acceptance, cause the application as accepted to be advertised in the prescribed manner

 (2) Where after advertisement of an application-

 (a) An error in the application has been corrected; or

 (b) The application has been permitted to be amended under section 12, the Registrar may in his discretion cause the application to be advertised again or, in any case falling under clause (b), may, instead of causing the application to be advertised again, notify in the prescribed manner the correction or amendment made in the application

Section 11. Opposition to registration

 (1) Any person may, within three months from the date of the advertisement or re-advertisement of an application for registration or within such further period, not exceeding one month in the aggregate, as the Registrar, o application made to him in the prescribed manner and on payment of the prescribed fee, allows, give notice in writing in the prescribed manner to the Registrar of opposition to the registration

 (2) The Registrar shall serve a copy of the notice on the applicant for registration and, within two months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall send to the Registrar in the prescribed manner a counter-statement of the grounds on which he relies for his application and if he does not do so, he shall be deemed to have abandoned his application

 (3) If the applicant sends such counter-statement, the Registrar shall serve a copy thereof on the person giving notice of opposition

 (4) Any evidence upon which the opponent and the applicant may rely shall be submitted in the prescribed manner and within the prescribed time to the Registrar, the Registrar shall give an opportunity to them to be heard, if they so desire

 (5) The Registrar shall, after hearing the parties, if so required, and considering the evidence, decide, after taking into account any ground of objection whether relied upon by the opponent or not

 (6) When a person giving notice of opposition or an applicant sending a counter-statement after receipt of a copy of such notice neither resides nor carries on business in India, the Registrar may require him to give security for the costs of proceedings before him and, in default of such security being duly given, may treat the opposition or application, as the case may be, as abandoned

Section 12. Correction and amendment

The Registrar may on such terms as he thinks just-

 (a) At any time, whether before or after acceptance of an application for registration under section 8, permit the correction of any error in or in connection with the application or permit an amendment of the application; or

 (b) Permit correction of any error in, or an amendment of, a notice of opposition or a counter-statement under section 11

Section 13. Registration

 (1) Subject to the provisions of section 9, when an application for the registration of the layout-design has been accepted and either-

 (a) The application has not been opposed and time for notice of opposition has expired; or

 (b) The application has been opposed and the opposition has been decided in favour of the applicant, the Registrar shall register the said layout-design in the register and the layout-design shall be registered as of the date of the making of the said application and that date shall be deemed to be the date of registration

 (2) On the registration of a layout-design, the Registrar shall issue to the applicant a certificate in the prescribed form of the registration thereof sealed with the seal of the Semiconductor Integrated Circuits Layout-Design Registry

 (3) Where registration of a layout-design is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice

 (4) The Registrar may amend the register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake

Section 14. Jointly owned layout-design

 (1) Save as provided in sub-section (2), nothing in this Act shall authorise the registration of two or more persons who claim to be the creator of a layout-design

 (2) Where the relation between two or more persons claiming to be the creator of layout-design are such that-

 (a) Both of them or all of them have put the combined intellectual effort in creating such design; or

 (b) In relation to the creation of such layout-design both of them or all of them are connected in such manner that intellectual effort of each of them are not distinguishable in creation of such layout-design, those persons may be registered as joint proprietor of the layout-design and this Act shall have effect in relation to any right to the use of the layout-design vested in those persons as if in those rights vested in a single person

Section 15. Duration of registration

The registration of a layout-design shall be only for a period of ten years counted from the date of filing an application for registration or from the date of first commercial exploitation anywhere in India or in any counter whichever is earlier

Section 16. No action of infringement of unregistered layout-design

No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered layout-design

Section 17. Rights conferred by registration

Subject to the other provisions of this Act, the registration of a layout-design shall, if valid, give to the registered proprietor of layout-design the exclusive right to the use of the layout-design and to obtain r lief in respect of infringement in the manner provided by this Act

Explanation. For removal of doubts, it is hereby declared that the rights conferred by the registration of a layout-design shall be available to the registered proprietor of that layout-design irrespective of the fact as to whether the layout-design is incorporated in an article or not

Section 18. Infringement of layout-design

 (1) A registered layout-design is infringed by a person who, not being the registered proprietor of the layout-design or a registered user thereof, –

 (a) Does any act of reproducing, whether by incorporating in a semiconductor integrated circuit or otherwise, a registered layout-design in its entirety or any part thereof, except such act of sub-section (2) of section 7; reproducing any part thereof which is not original within the meaning

 (b) subject to the provisions of sub-section (5), does any act of importing or selling or otherwise distributing for commercial purposes a registered layout-design or a semiconductor integrated circuit incorporating such registered layout-design or an a tickle incorporating such a semiconductor integrated circuit containing such registered layout-design for the use of which such person is not entitled under this Act

 (2) Notwithstanding anything contained in section 17, sub-section (1) or sub-section (5), the performance of the act of reproduction referred to in clause (a) of sub-section (1), where such act is performed for the limited purposes of scientific evaluation, analysis, research or teaching, shall not constitute act of infringement within the meaning of that clause

 (3) Where a person, on the basis of scientific evaluation or analysis of a registered layout-design, creates another layout-design which is original within the meaning of sub-section (2) of section 7, that person shall have the right to incorporate such another layout-design in a semiconductor integrated circuit or to perform any of the acts referred to in sub-section (1) or sub-section (5) in respect of such another layout-design and such incorporation or performance of any act shall not be regarded as infringement within the meaning of sub-section (1)

 (4) Where a layout-design is created by the process of scientific evaluation or analysis of the registered layout-design as referred to in sub-section (3), the use of such layout-design by the proprietor of such registered layout-design shall be regarded as infringement within the meaning of sub-section (1) after the date of registration of such layout-design under this Act

 (5) Notwithstanding anything contained in clause (b) of sub-section (1), the performance of any of the acts referred to in that clause by a person shall not be regarded as infringement within the meaning of that clause if such act is performed or directed to be performed in respect of a semiconductor integrated circuit incorporating a registered layout-design or any article incorporating such a semiconductor integrated circuit where such person does not possess any knowledge or has no reasonable ground t know while performing or directing to be performed such act in respect of such semiconductor integrated circuit or article that it incorporated a registered layout-design but after the time when such person has received notice of such knowledge, he may continue to perform or directing to be performed such act in respect of the stock on hand or ordered before such time and, then, he shall be liable to pay the proprietor of the registered layout-design a sum by way of royalty to be determined by negotiation between registered proprietor of the registered layout-design and that person or by the Appellate Board having regard to the benefit accrued to such person by performing or directing to be performed such act in respect of such semiconductor integrated circuit or article, as the case may be

 (6) Where any other person purchases a semiconductor integrated circuit incorporating a registered layout-design or any article incorporating such a semiconductor integrated circuit referred to in sub-section (5) from a person referred to in that sub-sec ion, then, such other person shall be entitled to the immunity from infringement in respect of that semiconductor integrated circuit or article, as the case may be, to the extent and in the manner as if the word ”person” referred in that sub-section includes the word any other person referred in this sub-section

 (7) Nothing contained in clause (b) of sub-section (1) shall be construed as constituting an act of infringement where any person performs any of the acts specified in that clause with the written consent of the registered proprietor of a registered layout-design or within the control of the person obtaining such consent, or in respect of a registered layout-design or a semiconductor integrated circuit incorporating a registered layout-design or any article incorporating such a semiconductor integrated circuit, that has been put on the market by or with the consent of the registered proprietor of such registered layout-design

 (8) Notwithstanding anything contained in this Act, where any person by application of independent intellect has created a layout-design which is identical to a registered layout-design, then, any act of such person in respect of the layout-design so created shall not be the infringement of the registered layout-design

Section 19. Registration to be prima facie evidence of validity

 (1) In all legal proceedings relating to a layout-design registered under this Act (including application under section 30), the original registration of the layout-design and all subsequent assignments and transmissions of layout-design shall be prima facie evidence of the validity thereof

 (2) In all legal proceedings as aforesaid, a registered layout-design shall not be held to be invalid on the ground that it was not a registrable layout-design under section 7 except upon evidence of originality and that such evidence was not submitted to the Registrar before registration

Section 20. Power of Registered Proprietor to assign and give receipts

The person for the time being included in the register as proprietor of a layout-design shall, subject to the provisions of this Act and to any right appearing from the register to be vested in any other person, have power to assign the layout-design, and to give effectual receipts for any consideration for such assignment

Section 21. Assignability and transmissibility of registered layout-design

Notwithstanding anything in any other law to the contrary, a registered layout-design shall, subject to the provisions of this Chapter, be assignable and transmissible whether with or without the goodwill of the business concerned

Section 22. Conditions for assignment otherwise than in connection with the goodwill of a business

Where an assignment of a registered layout-design is made otherwise than in connection with the goodwill of business in which such layout-design has been or is us d, the assignment shall not take effect unless the assignee, not later than the expiration of six months from the date on which the assignment is made or within such extended period, if any, not exceeding three months in the aggregate, as the Registrar m y allow, apply to the Registrar for directions with respect to the advertisement of the assignment, and advertises it in such form and manner and within such period as the Registrar may direct

Section 23. Registration of assignments and transmissions

 (1) Where a person becomes entitled by assignment or transmission to a registered layout-design, he shall apply in the prescribed manner to the Registrar to register his title, and the Registrar shall, o receipt of the application and on proof of his title to his satisfaction, register him as the proprietor of the layout-design and shall cause particulars of the assignment or transmission to be entered on the register: Provided that where the validity of an assignment of transmission is in dispute between the parties, the Registrar may refuse to register the assignment or transmission until the rights of the party have been determined by a competent court

 (2) Except for the purpose of an application before the Registrar under sub-section (1) or an appeal from an order thereon, or an application under section 30 or an appeal from an order thereon, a document or instrument in respect of which no entry has b en made in the register in accordance with sub-section (1), shall not be admitted in evidence by the Registrar or the Appellate Board or any court in proof of title to the layout-design by assignment or transmission unless the Registrar or the Appellate board or the court, as the case may be, otherwise directs

Section 24. Registered users

Subject to the provisions of section 25, a person other than the registered proprietor of a layout-design may be registered as a registered user thereof

Section 25. Registration as registered user

 (1) Where it is proposed that a person should be registered as a registered user of a layout-design, the registered proprietor and the proposed registered user shall jointly apply in writing to the Registrar in the pr scribed manner and every such application shall be accompanied by-

 (a) The agreement in writing or a duly authenticated copy thereof, entered into between the registered proprietor and the proposed registered user with respect to the permitted use of the layout-design; and

 (b) An affidavit made by the registered proprietor or by some person authorised to the satisfaction of Registrar to act on his behalf-

 (i) Giving particulars of the relationship, existing or proposed, between the registered proprietor and the proposed registered user, including particulars showing the degree of control by the proprietor over the permitted use which the relationship will confer and whether it is a term of their relationship that the proposed registered user shall be sole registered user or that there shall be any other restriction as to persons for whose registration as registered user application may be made;

 (ii) Stating the conditions or restrictions, if any, proposed with respect to the place of permitted use or any other matter;

 (iii) Stating whether the permitted use to be for a period or without limit of period, and, if for a period, the duration thereof; and

 (c) such further documents or other evidence as may be required by the Registrar or as may be prescribed

 (2) Where the requirement of sub-section (1) have been complied with, the Registrar shall register the proposed registered user

 (3) The Registrar shall issue notice in the prescribed manner of the registration of a person as a registered user to other registered users of the layout-design, if any

 (4) The Registrar shall, if so requested by the applicant, take steps of securing that information given for the purposes of an application under this section (other than matters entered in the register) is not disclosed to rivals in trade

Section 26. Power of Registrar for cancellation of registration as registered user

 (1) Without prejudice to the provisions of section 30, the registration of a person as registered user-

 (a) May be cancelled by the Registrar on application in writing in the prescribed manner of the registered proprietor or of the registered user or of any other registered user of the layout-design;

 (b) May be cancelled by the Registrar on the application in writing in the prescribed manner of any person on any of the following grounds, namely:-

 (i) That the registered user has used the layout-design otherwise than in accordance with the agreement under clause (a) of sub-section (1) of section 25;

 (ii) That the proprietor or the registered user misrepresented, or failed to disclose, some fact material to the application for registration which if accurately represented or disclosed would not have justified the registration of the registered user;

 (iii) That the circumstances have changed since the date of registration in such a way that at the date of such application for cancellation they would not have justified registration of the registered user;

 (iv) That the registration ought not to have been effected having regard to right vested in the applicant by virtue of a contract in the performance of which he is interested

 (c) May be cancelled by the Registrar on his own motion or on the application in writing in the prescribed manner by any person on the ground that any stipulation in the agreement between the registered proprietor and the registered user regarding the too graphical dimensions of the layout-design is either not being enforced or is not being complied with;

 (d) May be cancelled by the Registrar if the layout-design is no longer registered

 (2) The Registrar shall issue notice in the prescribed manner in respect of every application under this section to the registered proprietor and each registered user (not being the applicant) of the layout-design

 (3) The procedure for cancelling a registration shall be such as may be prescribed: Provided that before cancelling of registration, the registered proprietor shall be given a reasonable opportunity of being heard

Section 27. Power of Registrar to call for information relating to agreement in respect of registered users

 (1) The Registrar may, at any time during the continuance of the registration of the registered user, by notice in writing, require the registered proprietor to confirm to him within one month that the agreement filed under clause (a) of sub-section (1) of section 25 continues to be in force

 (2) If the registered proprietor fails to furnish the confirmation within one month as required under sub-section (1), the registered user shall cease to be the registered user on the day immediately after the expiry of said period and the Registrar shall notify the same

Section 28. Right of registered user to take proceedings against infringement

Subject to any agreement subsisting between the parties, a registered user may make complaint before the competent criminal court for the infringement in his own name as if he were the registered proprietor

Section 29. Registered user not to have right of assignment or transmission

Nothing in this Act shall confer on a registered user of a layout-design any assignable or transmissible right to the use thereof

Explanation I. The right of a registered user of a layout-design shall not deem to have been assigned or transmitted within the meaning of this section in the following cases, namely: –

 (a) Where the registered user being an individual enters into a partnership with any other person for carrying on the business concerned; but in any such case the firm may use the layout-design, if otherwise in force, only for so long as the registered user is a member of the firm;

 (b) Where the registered user being a firm subsequently undergoes a change in its constitution; but in any such case the reconstituted firm may use the layout-design, if otherwise in force, only for so long as any partner of the original firm at the time of its registration as registered user, continues to be a partner of the reconstituted firm

Explanation II. For the purposes of Explanation I, ”firm” has the same meaning as in the Indian Partnership Act, 1932

Section 30. Power to rectify the register

 (1) Any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the Appellate Board or to the Registrar, and the Appellate Board or the Registrar, as the case may be, may make such order for making, expunging or varying the entry as it may think it

 (2) The Appellate Board or the Registrar may in any proceedings under this section decide any question that may be necessary or expedient to decide in connection with the rectification of the register

 (3) The Appellate Board or the Registrar, of its own motion, may, after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard, make any order referred to in sub-section (1)

 (4) Any order of the Appellate Board rectifying the register shall direct that notice of the rectification shall be served upon the Registrar in the prescribed manner who shall upon receipt of such notice, rectify the register accordingly

Section 31. Correction of register

 (1) The Registrar may, on application made in the prescribed manner by the registered proprietor, –

 (a) Correct any error in the name, address or description of the registered proprietor of a layout-design, or any other entry relating to the layout-design;

 (b) Enter any change in the name, address or description of the person who is registered as proprietor of a layout-design;

 (c) Cancel the entry of a layout-design on the register, and may make any consequential amendment or alteration in the certificate of registration, and for that purpose, may require the certificate of registration to be produced to him

 (2) The Registrar may, on application made in the prescribed manner by a registered user of a layout-design, and after notice to the registered proprietor, correct any error, or enter any change in the name, address or description of the registered user

Section 32. Establishment of Layout-Design Appellate Board

The Central Government shall, by notification in the Official Gazette, establish an Appellate Board to be known as the Layout-Design Appellate Board to exercise the jurisdiction, powers and authority conferred on it by or under this Act

Section 33. Composition of Appellate Board

 (1) The Appellate Board shall consist of a Chairperson, Vice-Chairperson, and such other Members as the Central Government may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers and authority of the Appellate Board may be exercised by a Bench thereof

 (2) Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and one Technical Member and shall sit at such place as the Central Government may, by notification in the Official Gazette, specify

 (3) Notwithstanding anything contained in sub-section (2), the Chairperson-

 (a) May, in addition to discharging the functions of the Judicial Member or Technical Member of the Bench to which he is appointed, discharge the function of the Judicial Member or, as the case may be, the Technical Member, of any other Bench;

 (b) May transfer a Member from one Bench to another Bench;

 (c) May authorise Vice-Chairperson, the Judicial Member or the Technical Member appointed to one Bench to discharge also the functions of the Judicial Member or the Technical Member, as the case may be, of another Bench

 (4) Where any Benches are constituted, the Central Government may, from time to time, by notification, make provisions as to the distribution of the business of the Appellate Board amongst the Benches and specify the matters which may be dealt by each Bench

Explanation. For the removal of doubts, it is hereby declared that the expression “matter” includes an application or appeal under section 40 or section 42

 (5) If the Members of a Bench differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members and such point or points shall be decided according to the opinion of the majority of the Members who have heard the case including those who first heard it

Section 34. Qualifications for appointment as Chairperson, Vice-Chairperson, or other Members

 (1) A person shall not be qualified for appointment as Chairperson unless he-

 (a) Is, or has been, a Judge of a High Court; or

 (b) Has, for at least two years, held the office of a Vice-Chairperson:

 (2) A person shall not be qualified for appointment as a Vice-Chairperson, unless he-

 (a) Has, for at least two years, held the office of a Judicial Member or a Technical Member; or

 (b) Has been a member of the Indian Legal Service and has held a post in Grade I of that Service or any higher post for at least five years

 (3) A person shall not be qualified for appointment as a Judicial Member unless he-

 (a) Has been a member of the Indian Legal Service and has held the post in Grade I of that Service for at least three years; or

 (b) Has, for at least ten years, held a civil judicial office

 (4) A person shall not be qualified for appointment as a Technical Member, unless he possesses a Master’s Degree in Physics or Bachelor’s Degree in Electronics Engineering or Electrical Engineering or Computer Engineering from an University or Institution established under law for the time being in force and has held a post equivalent to the post of Joint Secretary to the Government of India or any higher post for at least five years and possesses at least five years’ experience in the area of semiconductors

 (5) Subject to the provisions of sub-section (6), the Chairperson, Vice-Chairperson and every other Member shall be appointed by the President of India

 (6) No appointment of a person as the Chairperson shall be made except after consultation with the Chief Justice of India

Section 35. Term of office of Chairperson, Vice-Chairperson and Members

The Chairperson, Vice-Chairperson or other Member shall hold office as such for a term of five years from the date on which he enters upon his office or until he attains, –

 (a) In the case of Chairperson and Vice-Chairperson, the age of sixty-five years; and

 (b) In the case of Member, the age of sixty-two years, whichever is earlier

Section 36. Vice-Chairperson or senior most Member to act as Chairperson or discharge his function in certain circumstances

 (1) In the event of occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the Vice- hair person and in his absence the senior-most Member shall act as Chairperson until the date on which a new Chairperson, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office

 (2) When the Chairperson in unable to discharge his functions owing to his absence, illness or any other cause, the Vice-Chairperson and in his absence the senior-most Member shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duty

Section 37. Salaries, allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and other Members

 (1) The salaries and allowance payable to, and other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairperson, Vice-Chairperson and other Members shall be such as may be prescribed

 (2) Notwithstanding anything contained in sub-section (1), a person who, immediately before the date of assuming office as the Chairperson, Vice-Chairperson or other Member, was in service of Government shall be deemed to have retired from service on the date on which he enters upon as the Chairperson, Vice-Chairperson or other Member, as the case may be

Section 38. Resignation and removal

 (1) The Chairperson, Vice-Chairperson and any other Member may, by notice in writing under his hand addressed to the President of India, resign his office: Provided that the Chairperson, Vice-Chairperson or any other Member shall, unless he is permitted by the President of India to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice r until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earlier

 (2) The Chairperson, Vice-Chairperson or any other Member shall not be removed from his office except by an order by the President of India on the ground of proved misbehaviour or incapacity after an enquiry made by a Judge of the Supreme Court in which he Chairperson, Vice-Chairperson or other Member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges

 (3) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the Chairperson, Vice-Chairperson or other Member referred to in sub-section (2)

Section 39. Staff of Appellate Board

 (1) The Central Government shall determine the nature and categories of the officers and other employees required to assist the Appellate Board in the discharge of its functions and provide the Appellate Board with such officers and other employees as it may think fit

 (2) The salaries and other allowances and conditions of service of the officers and other employees of the Appellate Board shall be such as may be prescribed

 (3) The officers and other employees of the Appellate Board shall discharge their functions under the general superintendence of the Chairperson in the manner as may be prescribed

Section 40. Application to the Appellate Board to determine royalty

 (1) The registered proprietor of a registered layout-design may make an application to the Appellate Board for determination of royalty under sub-section (5) of section 18

 (2) Every application under sub-section (1) shall be in such form and be accompanied by such affidavits, documents or any other evidence and by such fee in respect of the filing of such application and by such other fees for the service or execution of processes as may be prescribed

 (3) On receipt of an application under sub-section (1), the Appellate Board shall, after giving notice to the opposite party to file opposition within the prescribed time and manner and after giving dispose of the application. Opportunity of being heard to the applicant and the opp site party,

 (4) An order or decision made by the Appellate Board in disposing of the application under sub-section (3) shall be executable by a civil court having local jurisdiction as if it were a decree made by that court

Section 41. Power of the Board to cancel registration

 (1) Any person may make an application, in the prescribed form accompanied by prescribed fee, to the Appellate Board for cancellation of the registration of a layout-design registered under this Act or Regis ration of assignment or transmission relating thereto, as the case may be, on the ground that-

 (a) In the case of the registration of a layout-design, the layout-design is prohibited for being registered under section 7; or

 (b) In the case of the registration of assignment or transmission relating to a registered layout-design, such assignment or transmission is contrary to any provision of the law for the time being in force

 (2) The Appellate Board shall, on receipt of an application under sub-section (1), give notice to the opposite parties in the prescribed manner and after giving them an opportunity of being heard, make such order as it may deem fit regarding cancellation of registration: Provided that where the ground of cancellation has been established with respect only to a part of a layout-design, the Board shall cancel only such part and the remaining part of the layout-design if capable of performing as a semiconductor integrated circuit shall be retained as registered on the register in the name of the registered proprietor of such layout-design

 (3) Any cancellation of the registration of a layout-design either in whole or in part under sub-section (2) shall be deemed to be effective on the date from which the period of ten years referred to in section 15 is countable in respect of that layout-d sign

 (4) The Appellate Board shall, without delay after making any order of cancellation under sub-section (2), send a copy of such order to the Registrar who shall correct the register to give effect to such order

Section 42. Appeal to Appellate Board

 (1) Any person aggrieved by an order or decision of the Registrar under this Act, or the rules made there under may prefer an appeal to the Appellate Board within three months from the date on which the order or decision sou ht to be appealed against is communicated to such person preferring the appeal

 (2) No appeal shall be admitted if it is preferred after the expiry of the period specified under sub-section (1): Provided that an appeal may be admitted after the expiry of the period specified therefore, if the appellant satisfies the Appellate Board that he had sufficient cause for not preferring the appeal within the specified period

 (3) An appeal to the Appellate Board shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a copy of the order or decision appealed against and by such fees as may be prescribed

Section 43. Procedure and powers of Appellate Board

 (1) The Appellate Board shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by principles of rules made there under, the Appellate Board shall have powers to regulate its own procedure including the fixing of places and times of its hearing natural justice and, subject to the provisions of this Act and the

 (2) The Appellate Board shall have, for the purpose of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely:-

 (a) receiving evidence;

 (b) Issuing commissions for examination of witnesses;

 (c) Requisitioning any public record; and

 (d) Any other matter which may be prescribed

 (3) Any proceeding before the Appellate Board shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code (45 of 1860), and the Appellate Board shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974)

Section 44. Bar of jurisdiction of courts, etc

No court or other authority shall have or, be entitled to, exercise any jurisdiction, powers or authority in relation to the matters referred to in sub-section (1) of section 40 or sub-section (1) of section 42

Section 45. Bar to appear before Appellate Board

On ceasing to hold office, the Chairperson, Vice-Chairperson or other Members shall not appear before the Appellate Board or the Registrar

Section 46. Conditions as to making of interim order

Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or any other manner) shall be mad on, or in any proceedings relating to, an appeal unless-

 (a) Copies of such appeal and of all documents in support of the plea for such interim order are furnished to the party against whom such appeal is made or proposed to be made; and

 (b) Opportunity is given to such party to be heard in the matter

Section 47. Power of Chairperson to transfer cases from one Bench to another

On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairperson may transfer any case pending before one Bench, for disposal, to any other Bench

Section 48. Procedure for application for rectification, etc., before Appellate Board

 (1) An application for rectification of the register made to the Appellate Board under section 30 shall be in such form as may be prescribed

 (2) A certified copy of every order or judgment of the Appellate Board relating to a registered layout-design under this Act shall be communicated to the Registrar by the Board and the Registrar shall give effect to the order of the Board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order

Section 49. Appearance of Registrar in legal proceedings

 (1) The Registrar shall have the right to appear and be heard-

 (a) In any legal proceedings before the Appellate Board in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the Semiconductor Integrated Circuit Layout-Design Registry is raised;

 (b) In any appeal to the Board from an order of the Registrar on an application for registration of a layout-design-

 (i) Which is not opposed, and the application is either refused by the Registrar or is accepted by him subject to any amendments or modifications, or

 (ii) Which has been opposed and the Registrar considers that his appearance is necessary in the public interest, and the Registrar shall appear in any case if so directed by the Board

 (2) Unless the Appellate Board otherwise directs, the Registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the practice of the Semiconductor Integrated Circuits Layout-Design Registry in like cases, or of other matters relevant to the issues and within his knowledge as Registrar, and such statement shall b evidence in the proceeding

Section 50. Registrar to refer certain disputes to the Board

If any question arises in any proceedings before Registrar, whether a layout-design has been commercially exploited for more than two years anywhere in a convention country for the purpose of registration of such layout-design under this Act, the Registrar shall refer such question to the Appellate Board, and the decision of the Board thereon shall be final

Section 51. Power of the Board to permit certain uses

 (1) Notwithstanding anything contained in this Act, the Appellate Board may on an application made in the prescribed manner before it on behalf of the Government or by any person authorised by the Government and after giving notice of such application to the registered proprietor of a layout-design and providing the opportunity of being heard to the parties concerned permit the use of such registered layout-design by the Government or by such person so authorised, as the case may be, subject to any or all of the following conditions as the Board deems fit under the circumstances of such use, namely:-

 (a) That the use of the layout-design shall be for non-commercial public purposes or for the purposes relating to national emergency or of extreme public urgency;

 (b) That the duration of the use of the layout-design shall be limited for a period specified by the Board

 (c) That the use of the layout-design shall be non-assignable and non-transmissible;

 (d) That the use of the layout-design shall be to the extent which the Board deems necessary to remedy the anti-competitive practice;

 (e) That the use of the layout-design shall be predominantly for the supply of semiconductor integrated circuits or articles incorporating semiconductor integrated circuits in domestic market of India: Provided that Board shall not permit the use of a registered layout-design, by any such person authorised by the Government, under this sub-section unless the Board is satisfied that such person so proprietor of such layout-design on reasonable commercial terms and conditions for permitted use of such layout-design and such efforts had not been successful within prescribed period: authorised has made efforts to enter into agreement wit the registered Provided further that the first proviso shall not be applicable in a case where the person so authorised produces to the Board a certificate issued by the Government to the effect that such use is required due to national emergency or any other circumstances which the Government considers to be of extreme urgency or of public non-commercial use

 (2) The Appellate Board shall, while granting the permission for the use of a registered layout-design under sub-section (1), determine the amount of royalty to be paid by the Government or the person authorised by the Government, as the case may be, to he registered proprietor of such layout-design for such permitted use

 (3) The Appellate Board may, on the application of the registered proprietor of a layout-design referred to in sub-section (1), may review the permission granted under that sub-section and, after giving notice and opportunity of hearing to the parties concerned in the prescribed manner, cancel or amend such permission if the Board is satisfied that any of the conditions subject to which the permission was granted has not been observed or the circumstances which led to the granting of such permission has eased to exist or substantially altered

Section 52. Costs of Registrar in proceedings before Appellate Board

In all proceedings under this Act before the Appellate Board the costs of the Registrar shall be in the discretion of the Board, but the Registrar shall not be ordered to pay the costs of any f the parties

Section 53. Appeal

 (1) Any person aggrieved by any decision or order of the Appellate Board under this Act may, within the prescribed period appeal to the High Court within whose the jurisdiction of head office or the branch office of the Semiconductor Integrated Circuits Layout-Design Registry against the decision or order of which the appeal arises is situated

 (2) Every such appeal shall be preferred by petition in writing and shall be in such form and shall contain such particulars as may be prescribed

 (3) Subject to the provisions of this Act and the rules made there under, the provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall apply to appeals before a High Court under this Act

Section 54. Powers of High Courts to make rules

The High Court may make rules consistent with this Act as to the conduct and procedure of all proceeding under this Act before it

Section 55. Transitional provisions

Notwithstanding anything contained in this Act, till the establishment of the Appellate Board under section 32, the Intellectual Property Appellate Board establishment under section 83 of the Trade Marks Act, 1999 (47 of 1999 shall exercise the jurisdiction, powers and authority conferred on the Appellate Board under this Act subject to the modification that in any Bench of such Intellectual Property Appellate Board constituted for the purposes of this section, for the Technical Member referred to in sub-section (2) of section 84 of the Trade Marks Act, 1999, the Technical Member shall be appointed under this Act and he shall be deemed to be the Technical Member for constituting the Bench under the said sub-section (2) of section 84 for the purposes of this Act

Section 56. Penalty for infringement of layout-design

Any person who contravenes knowingly and wilfully any of the provisions of section 18 shall be punishable with imprisonment for a term which may extend to three years, or with fine which shall not be less than fifty-thousand rupees but which may extend to ten lakh rupees, or with both

Section 57. Penalty for falsely representing a layout-design as registered

 (1) No person shall make any representation with respect to a layout-design not being a registered layout-design, to the effect that it is a registered layout-design

 (2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to fifty thousand rupees, or with both

 (3) For the purposes of this section, the use in India in relation to a layout-design of the word ”registered”, or of any other expression referring whether expressly or impliedly to registration, shall be deemed to import a reference to registration i the register, except-

 (a) Where that word or other expression, is used in direct association with other words delineated in characters at least as large as those in which that word or other expression is delineated and indicating that the reference is to registration as a layout-design under the law of a country outside India being a country under the law of which the registration referred to is in fact in force; or

 (b) Where that other expression is of itself such as to indicate that the reference is to such registration as is mentioned in clause (a); or

 (c) Where that word is used in relation to a layout-design registered as a layout- design under the law of a country outside India and in relation solely to such layout-design

Section 58. Penalty for improperly describing a place of business as connected with the Semiconductor Integrated Circuits Layout-Design Registry

If any person uses on his place of business, or on any document issued by him, or otherwise, words which would reasonably lead to the belief that his place of business is, or is officially connected with, the Semiconductor Integrated Circuits Layout-Design Registry, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or wit both

Section 59. Penalty for falsification of entries in the register

If any person makes, or causes to be made, a false entry in the register, or a writing falsely purporting to be a copy of an entry in the register, or produces or tenders, or causes to be produced or tendered, in evidence any such writing, knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both

Section 60. Forfeiture of goods

 (1) Where a person is convicted of an offence under section 56, the court convicting him may direct the forfeiture to Government of all goods and things by means of, or in relation to, which the offence has been committed

 (2) When a forfeiture is directed on a conviction and an appeal lies against the conviction, an appeal shall lie against the forfeiture also

 (3) When a forfeiture is directed on a conviction, the court, before whom the person is convicted, may order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit

Section 61. Exemption of certain persons employed in ordinary course of business

Where a person accused of an offence under section 56 proves-

 (a) That in the case which is the subject of the charge he was so employed that it relates to the duty of his employment, and was not interested in the profit accruing from such commission of offence except the duty of his employment; and

 (b) That, having taken all reasonable precautions against committing the offence charged, he had, at the time of commission of the alleged offence, no reason to suspect the genuineness of the registered layout-design or a semiconductor integrated circuit in which such layout-design is incorporated; and

 (c) That, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the commission of such offence, he shall be acquitted

Section 62. Procedure where invalidity of registration is pleaded by the accused

 (1) Where the offence charged under section 56 is in relation to a registered layout-design and the accused pleads that the registration of the layout-design is invalid, the following procedure shall be followed:-

 (a) If the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of accused is recorded to enable the accused to file an application before the Appellate Board under this Act, for the rectification of the register on the ground that the registration is invalid;

 (b) If the accused proves to the court that he has made such application within the time so limited or within such further time as the time court may for sufficient cause may allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification;

 (c) If within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the Appellate Board for rectification of the register, the court shall proceed with the case as if the registration were valid

 (2) Where before the institution of a complaint of an offence referred to in sub-section (1), any application for the rectification of the register concerning the layout-design in question on the ground of invalidity of the registration thereof has already been properly made to and is pending before the Appellate Board or the Registrar, the Court shall stay the further proceedings in the prosecution pending the disposal of the application aforesaid and shall determine the charge against the accused in conformity with the result of the application for rectification in so far as the complainant relies upon the registration of his layout-design

Section 63. Offences by companies

 (1) If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence

 (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against an punished accordingly

Explanation. For the purposes of this section-

 (a) “Company” means any body corporate and includes a firm or other association or individuals; and

 (b) “Director”, in relation to a firm, means a partner in the firm

Section 64. Cognizance of certain offences

No court shall take cognizance-

 (a) Of an offence under section 56 or section 57 except on the complaint in writing made by the registered proprietor or the registered user of a layout-design in respect of which the offence has been committed;

 (b) Of an offence under section 58 or section 59 except on complaint in writing made by the Registrar or any officer authorised by him in writing

Section 65. Costs of defence or prosecution

In any prosecution under this Act, the court may order such costs to be paid by the accused to the complainant, or by the complainant to the accused, as the court deemed reasonable having regard to all the circumstances of the case and the conduct of the parties. Costs so awarded shall be recoverable as if they were a fine

Section 66. Information as to commission of offence

An officer of the Government whose duty it is to take part in the enforcement of the provisions of this Chapter, shall not be compelled in any court to say whence he got any information as to the commission of any offence against this Act

Section 67. Punishment of abetment in India of acts done out of India

If any person, being within India, abets the commission, without India, of any act which, if committed in India, would, under this Act, be an offence, he may be tried for such abetment in any place in India in which he may be found, and be punished there for with the punishment to which he would be liable if he had himself committed in that place the act which he abetted

Section 68. Protection of security of India

Notwithstanding anything contained in this Act, the Registrar shall –

 (a) Not disclose any information relating to the registration of a layout-design or any application relating to the registration of a layout-design under this Act which the Central Government considers prejudicial to the interest of the security of India and

 (b) Take any action, including the cancellation of registration of a layout design registered under this Act, which the Central Government may, by notification in the Official Gazette, specify in the interest of security of India

Explanation. For the purposes of this section, the expression “interest of the security of India” means any action necessary for the security of India which relates to the use of a layout-design or a semiconductor integrated circuit incorporating a layout design or an article incorporating such semiconductor integrated circuit and which-

 (a) Relates to fissionable materials or the materials from which they are derived; or

 (b) Relates to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment; or

 (c) Is taken in time of war or other emergency in international relations

Section 69. Protection of action taken in good faith

No suit or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act

Section 70. Certain persons to be public servants

Every person appointed, under this Act and every Member of the Appellate Board shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860)

Section 71. Implied warranty on sale of out – design, etc

Where a registered layout-design, or a semiconductor integrated circuit in which a registered layout-design is incorporated, or an article incorporating such a semiconductor integrated circuit is sold o has been contracted for sale, the seller shall be deemed to warrant that the registration, of such layout-design or the layout-design so incorporated is genuine within the meaning of this Act unless the contrary is expressed in writing signed by or on b half of the seller and delivered at the time of the sale or contract to sell of such layout-design, or semiconductor integrated circuit or article, as the case may be, and accepted by the buyer

Section 72. Powers of Registrar

In all proceedings under this Act before the Registrar, –

 (a) The Registrar shall have all the powers, of a civil court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents and issuing commissions for the examination of witnesses;

 (b) The Registrar may, subject to any rules in this behalf, made under section 96 make such orders as to costs as he considers reasonable, and any such order shall be executable as decree to a civil court;

 (c) The Registrar may, on an application made in the prescribed manner, review his own decision

Section 73. Exercise of discretionary power by Registrar

Subject to the provisions of section 76, the Registrar shall not exercise any discretionary or other power vested in him by this Act or the rules made there under adversely to a person applying for the exercise of the power without (if so required by that person within the prescribed time) giving to the person an opportunity of being heard

Section 74. Evidence before Registrar

In any proceeding under this Act before the Registrar, evidence shall be given by affidavit: Provided that the Registrar may, if he thinks fit, take oral evidence in lieu of, or in addition to, such evidence by affidavit

Section 75. Death of party to a proceeding

If a person who is a party to a proceeding under this Act (not being a proceeding before the Appellate Board or a court) dies pending the proceeding, the Registrar may, on request, and on proof to his satisfaction of t e transmission of the interest of the deceased person, substitute in the proceeding his successor in interest in his place, or, if the Registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue without the substitution of his successor in interest

Section 76. Extension of time

 (1) If the Registrar is satisfied, on application made to him in the prescribed manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for doing any act (not being a time expressly provided in the Act), whether the time so specified has expired or not, he may, subject to such conditions as he may think fit to impose, extend the time and inform the parties accordingly

 (2) Nothing in sub-section (1) shall be deemed to require the Registrar to hear the parties, before disposing of an application for extension of time and no appeal shall lie from any order of the Registrar under this section

Section 77. Abandonment

Where, in the opinion of the Registrar, an applicant is in default in the prosecution of an application filed under this Act, the Registrar may, by notice require the applicant to remedy the default within a time specified and after giving him, if so desired, an opportunity of being heard, treat the application as abandoned, unless the default is remedied within the time specified in the notice

Section 78. Preliminary advice by the Registrar

 (1) The Registrar may, on application made to him in the prescribed manner by any person who proposes to apply for the registration of a layout-design, give advice as to whether the layout-design appears to him pr ma facie to be original

 (2) If, on an application for the registration of a layout-design as to which the Registrar has given advice as aforesaid in the affirmative made within three months after the advice was given, the Registrar, after further investigation or consideration, gives notice, to the applicant of objection on the ground that the layout-design is not original, the applicant shall be entitled, on giving notice of withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the f ling of the application

Section 79. Registered user to be impleaded in certain proceedings

 (1) In every proceeding under Chapter VII or under section 42, every registered user of a layout-design, who is not himself an applicant in respect of any proceeding under that Chapter or sectio shall be made a party to the proceeding

 (2) Notwithstanding anything contained in any other law, a registered user so made a party to the proceeding shall not be liable for any costs unless he enters an appearance and takes part in the proceeding

Section 80. Evidence of entries in register, etc., and things done by the Registrar

 (1) A copy of any entry in the register or of any document referred to in sub-section (1) of section 87 purporting to be certified by the Registrar and sealed with the seal of t e Semiconductor Integrated Circuits Layout-Design Registry shall be admitted in evidence in all courts and in all proceedings without further proof or production of the original

 (2) A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing that he is authorised by this Act or the rules to make or do shall be prima facie evidence of the entry having been made, and of the contents thereof, or of the matter or things having been done or not done

Section 81. Registrar and other officers not compellable to produce register, etc

The Registrar or any other officer of the Semiconductor Integrated Circuits Layout-Design Registry shall not, in any legal proceedings to which he is not a party, be compellable t produce the register or any other document in his custody, the contents of which can be proved by the production of a certified copy issued under this Act or to appear as a witness to prove the matters therein recorded unless by order of the court made or special cause

Section 82. Certificate of validity

If in any legal proceeding for rectification of the register before the Appellate Board a decision is on contest given in favour of the registered proprietor of the layout-design on the issue as to the validity of the registration of the layout-design, the Appellate Board may grant a certificate to that effect, and if such a certificate is granted, then, in any subsequent legal proceedings in which the said validity comes into question, the said proprietor on obtaining a final order or judgment in his favour affirming validity of the registration of the layout-design shall, unless the said final order or judgment for sufficient reason directs otherwise, be entitled to his full cost, charges and expenses as between legal practitioner and client

Section 83. Address for service

An address for service stated in an application or notice of opposition shall, for the purposes of the application or notice of opposition, be deemed to be the address of the applicant or opponent, as the case may be, and all documents in relation to the application or notice of opposition may be served by leaving them at or sending them by post to the address for service of the applicant or opponent, as the case may be

Section 84. Agents

Where, by or under this Act, any act, other then the making of an affidavit, is required to be done before the Registrar by any person, the act may, subject to the rules made in this behalf, be done, instead of by that person himself, by a person duly authorised in the prescribed manner, who is-

 (a) A legal practitioner, or

 (b) A person registered in the prescribed manner as a layout-design agent, or

 (c) A person in the sole and regular employment of the principal

Section 85. Layout-design registered by an agent or representative without authority

If an agent or a representative of the proprietor of a registered layout-design, without authority uses or attempts to register or registers the layout-design in his own name, he proprietor shall be entitled to oppose the registration applied for or secure its cancellation or rectification of the register so as to bring him as the registered proprietor of the said layout-design by assignment in his favour: Provided that such action shall be taken within three years of the registered proprietor of the layout-design becoming aware of the conduct of the agent or representative

Section 86. Indexes

There shall be kept under the direction and supervision of the Registrar-

 (a) An index of registered layout-designs,

 (b) An index of layout-designs in respect of which applications for registration are pending

 (c) An index of the names of the proprietors of registered layout-designs, and

 (d) An index of the names of registered users

Section 87. Documents open to public inspection

 (1) Save as otherwise provided in sub-section (4) of section 25, –

 (a) The register and any document upon which any entry in the register is based;

 (b) Every notice of opposition to the registration of a layout-design application for rectification before the Registrar, counter-statement thereto, and any affidavit or document filed by the parties in any proceedings before the Registrar; and

 (c) The indexes mentioned in section 86 and such other documents as the Central Government may, by notification in the Official Gazette, specify; shall, subject to such conditions as may be prescribed, be open to public inspection at the Semiconductor Integrated Circuits Layout-Design Registry

 (2) Any person may, on an application to the Registrar and on payment of such fees as may be prescribed, obtain a certified copy of any entry in the register or any document referred to in sub-section (1)

Section 88. Reports of Registrar to be placed before Parliament

The Central Government shall cause to be placed before both Houses of Parliament once a year a report respecting the execution by or under the Registrar of this Act

Section 89. Fees and surcharge

 (1) There shall be paid in respect of applications and registration and other matters under this Act such fees and surcharge as may be prescribed by the Central Government

 (2) Where a fee is payable in respect of the doing of an act by the Registrar, the Registrar shall not do that act until the fee has been paid

 (3) Where a fee is payable in respect of the filing of a document at the Semiconductor Integrated Circuits Layout-Design Registry, the document shall be deemed not to have been filed at the Registry until the fee has been paid

Section 90. Savings in respect of Chapter IX

Nothing in Chapter IX shall be construed so as to render liable to any prosecution or punishment any servant of a master resident in India who in good faith acts in obedience to the instructions of such master, and, n demand made by or on behalf of prosecutor, has given full information as to his master and as to the instructions which he has received from his master

Section 91. Declaration as to ownership of layout-design not registrable under the Registration Act, 1908

Notwithstanding anything contained in the Registration Act, 1908 (516 of 1908), no document declaring or purporting to declare the ownership or title of a person to a layout-design other than a registered layout-design shall be registered under that Act

Section 92. Government to be bound

The provisions of this Act shall be binding on the Government

Section 93. Convention countries

With a view to the fulfilment of a treaty, convention or arrangement with any country outside India which affords to citizens of India similar privileges as granted to its own citizens, the Central Government may, by notification in the Official Gazette, specify such country to be a convention country for providing the citizens of such convention country the similar privileges as granted to the citizens of India under this Act

Explanation. For the purposes of this section “country” includes any group of countries or union of countries or inter-governmental organisation and the expression “convention country” shall be construed accordingly

Section 94. Provision as to reciprocity

Where any country specified by the Central Government in this behalf by notification in the Official Gazette under section 93 does not accord to citizens of India the same rights in respect of registration and protection f layout-design as it accords to its own nationals, no national of such country shall be entitled, either solely or jointly with any other person, –

 (a) To apply for the registration of, or be registered as the proprietor of, a layout-design;

 (b) To be registered as the assignee of the proprietor of a registered layout-design; or

 (c) To apply for registration or be registered as a registered user of a layout-design under section 25

Section 95. Power of Central Government 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 be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of five years from the commencement of this Act

 (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament

Section 96. Power to make rules

 (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act

 (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: –

 (a) The other matters relating to the registered layout-designs to be entered in the register under sub-section (1) of section 6;

 (b) The manner of applying to the Registrar for registration under sub-section (1) of section 8;

 (c) The manner of advertising the application under sub-section (1) of section 10;

 (d) The manner of notifying the correction or amendment in application under sub-section (2) of section 10;

 (e) The manner of making application, the fee to be paid and the manner of giving notice under sub-section (1) of section 11;

 (f) The manner of sending counter statement under sub-section (2) of section 11;

 (g) The manner of submitting evidence under sub-section (4) of section 11;

 (h) The form of issuing certificate under sub-section (2) of section 13;

 (i) The manner of giving notice under sub-section (3) of section 13;

 (j) The manner of making applications to register the title under sub-section (1) of section 23;

 (k) The manner of applying to Registrar under sub-section (1) of section 25;

 (l) The document to be prescribed under clause (c) of sub-section (1) of section 25;

 (m) The manner of issuing notice under sub-section (3) of section 25;

 (n) The manner of applications under clause (a) of sub-section (1) of section 26;

 (o) The manner of making applications under clause (b) of sub-section (1) of section 26;

 (p) The manner of making applications under clause (c) of sub-section (1) of section 26;

 (q) The manner of issuing notice under sub-section (2) of section 26;

 (r) The procedure of cancelling registration under sub-section (3) of section 26;

 (s) The manner of applying to the Appellate Board under sub-section (1) of section 30;

 (t) The manner of giving notice under sub-section (3) of section 30;

 (u) The manner of serving notice under sub-section (4) of section 30;

 (v) The manner of making application under sub-section (1) of section 31;

 (w) The manner of making application under sub-section (2) of section 31;

 (x) The salaries and allowances payable to and other terms and conditions of service of the Chairperson, Vice-Chairperson and other Members under sub-section (1) of section 37;

 (y) The procedure for investigation of misbehaviour or incapacity of the Chairperson, Vice-Chairperson and other Members under sub-section (3) of section 38;

 (z) The salaries and allowances and other conditions of service of the officers and other employees of the Appellate Board under sub-section (2) of section 39;

 (za) The manner of general superintendence by the Chairperson under sub-section (3) of section 39;

 (zb) The form of application, the affidavit, documents and other evidence and fee payable in respect of, filing of such application and other fees for the services or execution of process to be accompanied therewith under sub-section (2) of section 40;

 (zc) The time limit for filing the opposition under sub-section (3) of section 40;

 (zd) The form of making application and the fee to be a accompanied therewith under sub-section (1) of section 41;

 (ze) The manner of giving notice under sub-section (2) of section 41;

 (zf) The form of appeal, the manner of verification of such appeal and the fee to be accompanied therewith under sub-section (3) of section 42;

 (zg) Any other matter to be prescribed under clause (d) of sub-section (2) of section 43;

 (zh) The form of application under sub-section (1) of section 48;

 (zi) The manner of making application under sub-section (1) of section 51;

 (zj) The period to be prescribed under the first proviso to sub-section (1) of section 51;

 (zk) The manner of giving notice and opportunity of hearing to the parties under sub-section (3) of section 51;

 (zl) The period to be prescribed under sub-section (1) of section 53;

 (zm) The form of petition and particulars to be contained therein under sub-section (2) of section 53;

 (zn) The manner of reviewing decisions by the registrar under clause (c) of section 72;

 (zo) the time to be prescribed under section 73;

 (zp) The manner of making application and the fee to be accompanied therewith under sub-section (1) of section 76;

 (zq) The manner of making application under sub-section (1) of section 78;

 (zr) The period of giving notice of withdrawal of application under sub-section (2) of section 78;

 (zs) The manner of authorising a person under section 84;

 (zt) the manner of registering a person as a layout-design agent under clause (b) of section 84;

 (zu) The conditions to be prescribed under sub-section (1) of section 87;

 (zv) The fee payable under sub-section (2) of section 87;

 (zw) The fees and the surcharge to be paid under sub-section (1) of section 89;

 (zx) Any other matter which is required to be or may be prescribed

 (3) Every rule made by the Central Government 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 m re 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 rule or both Houses 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 any thing previously done under that rule. agree that the rule should not be made, the rule shall thereafter have

Bydeb

Science and Engineering Research Board Act, 2008

Section 1. Short title and commencement

SCIENCE AND ENGINEERING RESEARCH BOARD ACT, 20081

[Act No. 9 of 2009]

[January 17, 2009]

An Act to provide for the constitution of a Board for promoting basic research in Science and Engineering and to provide financial assistance to persons engaged in such research, academic institutions, research and development laboratories, industrial concerns and other agencies for such research and for matters connected therewith or incidental thereto

Be it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:-

Prefatory Note-Statement of Objects and Reasons.-India, with her large and young human resource and tradition of search for knowledge finds herself at the vista of an opportunity in the changing knowledge-based global economy to emerge as a major economic power in the least possible time. There are indicative successes in the areas of Information and Communication Technology, Biotechnology and Drugs and Pharmaceutical sectors. India is slated to become a global Research and Development hub.

2. In order to achieve such pre-eminence position, India needs to sustain and increase its strength in basic research in science and engineering as it provides the fertile ground on which innovation thrives and grows. India’s relative position in basic research among nations has slowed down in recent times due to a variety of factors which require immediate attention if the country is to maintain its pace and edge in the evolving knowledge-based economy.

3. The Science and Engineering Research Board Bill, 2008, therefore, seeks to create an autonomous Board with necessary administrative and financial powers and operational flexibility for promoting basic research in science and engineering in order to achieve higher levels of excellence in internationally-competitive basic research. The functions hitherto handled by the Department of Science and Technology under the advice of a Science and Engineering Research Council are proposed to be transferred to this new entity.

4. The Science and Engineering Research Board shall serve as a premier multi-disciplinary research funding agency for planning, promoting and funding basic research in every emerging area of science and engineering.

5. The Bill seeks to achieve the above objectives.

——————–

1. Received the assent of the President on January 17, 2009 and published in the Gazette of India, Extra., Part II, Section 1, dated 19th January, 2009, pp. 1 -7, No. 12

(1) This Act may be called the Science and Engineering Research Board Act, 2008.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Definitions

In this Act, unless the context otherwise requires,-

(a) “Board” means the Science and Engineering Research Board constituted under sub-section (1) of Section 3;

(b) “Chairperson” means the Chairperson of the Board;

(c) “Fund” means the Fund for Science and Engineering Research constituted under sub-section (1) of Section 10;

(d) “member” means a member of the Board and includes the Chairperson;

(e) “Oversight Committee” means the Oversight Committee of Experts constituted under sub-section (1) of Section 5;

(f) “prescribed” means prescribed by rules made under this Act;

(g) “Secretary” means the Secretary of the Board appointed under sub-section (1) of Section 4.

Section 3. Constitution and incorporation of Board

(1) The Central Government shall, by notification in the Official Gazette, constitute, for the purposes of this Act, a Board to be called the Science and Engineering Research Board.

(2) The Board shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to contract and shall, by the said name, sue and be sued.

(3) The Board shall consist of the following persons, namely:-

(a) Secretary to the Government of India in the Department of Science and Technology, ex officio-Chairperson;

(b) Member-Secretary, Planning Commission, ex officio-Member;

(c) Secretary to the Government of India in the Department of Biotechnology, ex officio-Member;

(d) Secretary to the Government of India in the Department of Scientific and Industrial Research, ex officio-Member;

(e) Secretary to the Government of India in the Ministry of Earth Sciences, ex officio-Member;

(f) Secretary to the Government of India in the Department of Expenditure, Ministry of Finance or his nominee, ex officio-Member;

(g) Secretary to the Government of India in the Department of Health Research, ex officio-Member;

(h) not more than three members to be appointed by the Central Government from amongst persons having experience in scientific research in different disciplines in academic institutions;

(i) not more than three members to be appointed by the Central Government from amongst persons having experience in scientific research in different disciplines in Government research laboratories;

(j) not more than four members to be appointed by the Central Government from amongst persons having experience in scientific research in different disciplines in the industry, international projects on science and technology, socio-economic sectors and other Government research laboratories.

(4) The Head Office of the Board shall be at Delhi or in the National Capital Region.

(5) The qualifications and experience, term of office and allowances of the members specified in clauses (h) to (j) of sub-section (3) shall be such as may be prescribed.

(6) The Chairperson shall, in addition to presiding over the meetings of the Board, exercise and discharge such powers and duties, as may be prescribed or delegated to him by the Board.

(7) No act or proceeding of the Board shall be invalidated merely by reason of-

(a) any vacancy in, or any defect in the constitution of, the Board;

(b) any defect in the appointment of a person acting as a member of the Board;

(c) any irregularity in the procedure of the Board not affecting the merits of the case.

Section 4. Secretary and other officers and employees of Board

(1) The Board may appoint an eminent Scientist not below the rank of Additional Secretary to the Government of India as the Secretary of the Board, in consultation with the Central Government.

(2) The Board may appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this Act.

(3) The qualifications and experience, terms and conditions of service including salary and allowances of the Secretary and other officers and employees of the Board shall be such as may be specified in the regulations made by the Board.

(4) The Board may engage the services of personnel, both from within and outside the country as consultants, visiting scientists on such terms and conditions and remunerations as may be specified in the regulations made by the Board and shall facilitate their operations within the country.

Section 5. Oversight Committee of Experts

(1) Subject to the rules made in this behalf, the Board shall constitute an Oversight Committee of Experts consisting of experts, eminent scientists and academics to advise and assist the Board.

(2) The Oversight Committee shall consist of the following persons, namely:-

(i) a scientist of eminence and international repute-Chairperson;

(ii) Secretary to the Government of India in the Department of Science and Technology, ex officio-Vice-Chairperson;

(iii) Presidents of Indian National Science Academy, Indian Academy of Sciences and Indian National Academy of Engineering, ex officio-Members;

(iv) not more than three members to be appointed by the Central Government from amongst distinguished experts in different areas of science and technology; and

(v) Secretary to the Board, ex officio-Member.

Section 6. Committees of Board

(1) Subject to the rules made in this behalf, the Board may appoint such committees as may be necessary for the efficient discharge of its duties and performance of its functions under this Act.

(2) The Board shall have the power to co-opt as members of any committee appointed under sub-section (1), such number of persons who are not members of the Board as it may think fit, and the person so co-opted shall have the right to attend the meetings of the committee, and take part in the proceedings of the committee.

Section 7. Powers and functions of Board

(1) The Board shall serve as a premier multi-disciplinary research funding agency for planning, promoting and funding basic research in the emerging areas of science and engineering.

(2) The powers and functions of the Board shall, inter alia, include-

(i) serving as a premier multi-disciplinary research agency for planning, promoting and funding of internationally competitive research in emerging areas;

(ii) considering and taking decisions on the recommendations and suggestions made by the Oversight Committee;

(iii) identifying major inter-disciplinary research areas, and individuals, groups or institutions and funding them for undertaking research;

(iv) evolving nationally coordinated programmes in various identified areas involving institutions that will have a multiplier effect in promoting research;

(v) assisting in setting up infrastructure and environment for scientific pursuit;

(vi) achieving synergy between academic institutions, research and development laboratories and industry for promoting basic research in science and engineering;

(vii) evolving a management system to speedily provide for funding research, including monitoring and evaluation, by adopting modern management practices;

(viii) evolving participation in international collaborative projects, wherever necessary or desirable; and

(ix) taking over and continuance of the basic research projects and programmes undertaken or funded by the Central Government under the existing Science and Engineering Research Council scheme.

(3) The Board may provide financial assistance for the purposes specified in sub-section (2), in the form of grants and loans to individuals, academic institutions, research and development laboratories, industries and other organisations.

Section 8. Application for availing of financial assistance

(1) An application for availing of financial assistance for the purposes specified in sub-section (1) of Section 7 shall be made to the Board in such form as may be prescribed.

(2) The Board may, after examining the application and after making such enquiries or seeking such clarifications as it considers necessary, by order in writing, either sanction the financial assistance or refuse the same.

Section 9. Grants and loans by Central Government

The Central Government may, after due appropriation made by Parliament by law, in this behalf, make to the Board grants and loans of such sums of money as that Government may consider necessary.

Section 10. Fund for Science and Engineering Research

(1) There shall be constituted a Fund to be called the Fund for Science and Engineering Research and there shall be credited to the Fund-

(a) any grants and loans made to the Board by the Central Government under Section 9;

(b) all sums received by the Board including donations from any other source;

(c) recoveries made of the amounts granted from the Fund; and id) any income from investment of the amount of the Fund.

(2) The Fund shall be applied for meeting-

(a) expenses on the object and for the purposes authorised by this Act;

(b) salaries, allowances and other expenses of the members, officers and other employees of the Board;

(c) remunerations of the consultants and visiting scientists; and

(d) expenses of the Board in the discharge of its functions under this Act.

Section 11. Budget

The Board shall prepare, in such form and at such time in each financial year, as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Board and forward the same to the Central Government.

Section 12. Annual report

The Board shall prepare, in such form and at such time in each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the Central Government.

Section 13. Accounts and audit

(1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

(2) The Comptroller and Auditor-General of India or any other person appointed by him in connection with the auditing of the accounts of the Board under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the auditing of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the office of the Board under this Act.

(3) The accounts of the Board shall be audited by the Comptroller and Auditor-General of India annually and any expenditure incurred in connection with such audit shall be payable by the Board to the Comptroller and Auditor-General.

(4) The Board shall furnish to the Central Government, before such date as may be prescribed, its audited copy of accounts together with auditor’s report.

Section 14. Annual report and auditor’s report to be laid before Parliament

The Central Government shall cause the annual report and auditor’s report to be laid, as soon as may be after they are received, before each House of Parliament.

Section 15. Returns to be furnished to Board

(1) An industrial concern or an institution receiving financial assistance from the Board shall furnish return to the Board in such form and at such time as may be specified by regulations.

(2) The Board may authorise an officer to visit any industrial concern or institution referred to in sub-section (1) at any time to verify the accuracy of any return made under this section.

Section 16. Power of Central Government to issue directions

(1) Without prejudice to the foregoing provisions of this Act, the Board shall, in the discharge of its functions and duties under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time:

Provided that the Board shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section.

(2) The decision of the Central Government, whether a question is one of the policy or not, shall be final.

Section 17. Power of Central Government to supersede Board

(1) If at any time the Central Government is of the opinion-

(a) that on account of grave emergency, the Board is unable to discharge the functions and the duties imposed on it by or under the provisions of this Act; or

(b) that the Board has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act and as a result of such default the financial position of the Board or the administration of the Board has deteriorated; or

(c) that circumstances exist which render it necessary in the public interest so to do, the Central Government may, by notification in the Official Gazette, supersede the Board for such period, not exceeding six months, as may be specified in the notification.

(2) Upon the publication of a notification under sub-section (1) superseding the Board,-

(a) all the members shall, as from the date of supersession, vacate their offices as such;

(b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Board shall, until the Board is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct; and

(c) all property owned or controlled by the Board shall, until the Board is reconstituted under sub-section (3), vest in the Central Government.

(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may reconstitute the Board by a fresh appointment and in such case any person or persons who vacated their offices under clause (a) of sub-section (2), shall not be deemed to be disqualified for appointment:

Provided that the Central Government may, at any time, before the expiration of the period of supersession, take action under this sub-section.

(4) The Central Government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each House of Parliament at the earliest.

Section 18. Delegation

The Board may, by general or special order in writing, delegate to the Chairperson or any other member or to any officer of the Board subject to such conditions and /imitations, if any, as may be specified in the order, such of its powers and functions under this Act (except the power under Section 21) as it may deem necessary.

Section 19. Protection of action taken in good faith

No prosecution or other legal proceeding shall lie against the Central Government or the Board or any committee appointed by it or any member of the Board or such committee, or any officer or employee of the Government or the Board or any other person authorised by the Central Government or the Board for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.

Section 20. Power of Central Government to make rules

(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the qualifications and experience, term of office and other allowances of the members of the Board, under sub-section (5) of Section 3;

(b) the powers and duties of the Chairperson under sub-section (6) of Section 3;

(c) the constitution of Oversight Committee under Section 5;

(d) the constitution of committees under sub-section (1) of Section 6;

(e) the form of application under sub-section (1) of Section 8;

(f) the form in which, and the time at which the Board shall prepare its budget under Section 11 and its annual report under Section 12;

(g) the form of annual statement of accounts under sub-section (1) of Section 13 and the date before which audited copy of the accounts may be furnished to the Central Government under sub-section (4) of that section;

(h) any other matter which is to be or may be prescribed or in respect of which provision is to be, or may be, made by rules.

Section 21. Power of Board to make regulations

(1) The Board may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules generally to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-

(a) the qualifications and experience, terms and conditions of service including salaries and allowances of the Secretary and other officers and employees of the Board under sub-section (2) of Section 4;

(b) the form in which and the time at which the returns may be furnished to the Board under sub-section (1) of Section 15.

Section 22. Rules and regulations to be laid before Parliament

Every rule and every regulation 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation 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 rule or regulation.

Section 22. Rules and regulations to be laid before Parliament

Every rule and every regulation 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation 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 rule or regulation.

Bydeb

The Technology Development Board Act, 1995

Section 1. Short title and commencement

No.44 OF 1995

[16th December, 1995.]

An Act to provide for the constitution of a Board for payment of equity capital or any other financial assistance to industrial concerns and other agencies attempting development and commercial application of indigenous technology or adapting imported technology to wider domestic applications and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Forty-sixth Year of the Republic of India as follows.

(1) This Act may be called the Technology Development Board Act, 1995.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Definitions

In this Act, unless the context otherwise requires-

(a) “Board” means the Technology Development Board constituted under sub-section (1) of section 3;

(b) “Chairperson” means the Chairperson of the Board;

(c) “Fund” means the Fund for Technology Development and Application constituted under sub-section (1) of section 9;

(d) “Member” means a member of the Board and includes the Chairperson;

(e) “Prescribed” means prescribed by rules made under this Act;

(f) “Secretary” means the Secretary of the Board appointed under sub-section (1) of section 4;

(g) Words and expressions used herein and not defined but defined in the Research and Development Cess Act, 1986,(32 of 1986) shall have the meanings respectively assigned to them in that Act.

Section 3. Constitution and incorporation of the Board

(1) The Central Government shall by notification in the Official Gazette, constitute, for the purpose of this Act, a Board to be called the Technology Development Board.

(2) The Board shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to contract and shall, by the said name, sue and be sued.

(3) The Board shall consist of the following members, namely.

(a) The Secretary to the Government of India incharge of the Ministry or Department of the Central Government dealing with Science and Technology ex officio; Chairperson;

(b) The Secretary to the Government of India incharge of the Ministry or Department of the Central Government dealing with Scientific and Industrial Research ex officio;

(c) The Secretary to the Government of India incharge of the Ministry or Department of the Central Government dealing with Finance (Expenditure) ex officio;

(d) The Secretary to the Government of India incharge of the Ministry of Department of the Central Government dealing with defence Research and Development ex officio;

(e) The Secretary to the Government of India incharge of the Ministry of Department of the Central Government dealing with Industrial Development ex officio;

(f) The Secretary to the Government of India incharge of the Ministry of Department of the Central Government dealing with Rural Development ex officio;

(g) Such number of persons, not exceeding four as may be prescribed, to be appointed by the central Government from amongst persons having experience in technology development and application, banking and finance, industry, agriculture and rural development; and ex officio;

(h) Secretary of the Board ex officio;

(4) The term of office and other conditions of service of members specified in clause (g) of sub-section (3) shall be such as may be prescribed.

(5) The Chairperson shall, in addition to presiding over the meetings of the Board, exercise and discharge such powers and duties of the Board as may be delegated to him by the Board and such other powers and duties as may be prescribed.

(6) No act or proceeding of the Board shall be invalidated merely by reason of-

(a) Any vacancy in, or any defect in the constitution of, the Board;

(b) Any defect in the appointment of a person acting as a member of the Board;

(c) Any irregularity in the procedure of the Board not affecting the merits of the case.

Section 4. Secretary and other officers and employees of the Board

(1) The Board may appoint the Secretary and such other officers and employees as it considers necessary for the efficient discharge of its functions under this Act.

(2) The terms and conditions of service of the Secretary and other officer and employees of the Board shall be such as may be determined by regulations.

Section 5. Committees of the Board

(1) Subject to the rules made in this behalf, the Board may appoint such committees as may be necessary for the efficient discharge of its duties and performance of its functions under this Act.

(2) The Board shall have the power to co-opt as members of any committee appointed under sub-section (1), such number of persons who are not members of the Board as it may think fit, and the persons so co-opted shall have the right to attend the meetings of the committee, and take part in the proceedings of the committee, but shall not have the right to vote.

Section 6. Fractions of the Board

The Board may-

(a) Provide equity capital, subject to such conditions as may be determined by regulations, or any other financial assistance to industrial concerns and other agencies attempting commercial application of indigenous technology or adapting imported technology of wider domestic applications;

(b) Provide financial assistance to such research and development institutions engaged in developing indigenous technology or adaptation of imported technology for commercial application, as may be recognised by the Central Government.

(c) Perform such other functions as may be entrusted to it by the Central Government.

Section 7. Application for grant of financial assistance, etc.

(1) An application for grant of financial assistance for the purposes mentioned under section 6 shall be made to the Board in such form as may be prescribed.

(2) The Board may, after examining the application and after making such enquiries as it deems necessary by order in writing, either grant the financial assistance or refuse to grant the same:

Provided that no refusal of grant shall be made unless an opportunity is given to the applicant of being heard.

Section 8. Grants and loans by the Central Government

The Central Government may, after due appropriation made by Parliament by law, in this behalf, make to the Board grants and loans of such sums of money as that Government may consider necessary.

Section 9. Fund for Technology Development and Application

(1) The shall be constituted a Fund to be called the Fund for Technology Development and Application and there shall be credited to the Fund-

(a) Any grants and loans made to the Board by the Central Government under section 8;

(b) All sums received by the Board from any other source;

(c) Recoveries made of the amounts granted from the Fund; and

(d) Any income from investment of the amount of the Fund.

(2) The Fund shall be applied for meeting-

(a) Expenses on the object and for the purposes authorised by this Act;

(b) Salaries, allowances and other expenses of officers and other employees of the Board; and

(c) Expenses of the Board in the discharge of its functions under this Act.

Section 10. Transfer of money receipts and liabilities

On and from the commencement of this Act,-

(a) The moneys standing at the credit of the Venture Capital Fund formed under section 5 of the Research and Development Cess Act, 1986 (32 of 1986) which is part of the Development Assistance Fund established by the Development Bank under section 14 of the Industrial development Bank of India Act, 1964 (18 of 1964) shall stand transferred to and vest in the Board;

(b) All sums of money due to the Development Bank immediately before such commencement shall be deemed to be due to the Board;

(c) All debts, obligations and liabilities incurred, all contracts or agreements entered into and all matters and things engaged to be done by, with or for the Development Bank immediately before such commencement for or connection with the purpose of the Venture Capital Fund shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Board; and

(d) All suits and other regard proceedings instituted or which could have been instituted by or against the Development Bank immediately before such commencement may be continued or instituted by or against the Board.

Section 11. Budget

The Board shall prepare, in such form and at such time in each financial year, as may be prescribe, its budget for the next financial year, showing the estimated receipts and expenditure of the Board sand forward the same to the Central Government.

Section 12. Annual Report

The Board shall prepare, in such form and at such time in each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the Central Government.

Section 13. Accounts and audit

(1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

(2) The Comptroller and Auditor-General of India or any other person appointed by him in connection with the auditing of the accounts of the Board under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the auditing of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the officers of the Board under this Act.

(3) The accounts of the Board shall be audited by the comptroller and Auditor-General of India annually and any expenditure incurred in connection with such audit shall be payable by the Board to the Comptroller and Auditor-General of India.

(4) The Board shall furnish to the Central Government before such date as may be prescribed its audited copy of accounts together with auditor’s report.

Section 14. Annual report and auditors report to be laid before Parliament

The Central Government shall cause the annual report and auditor’s report to be laid, as soon as may be after they are received, before each House of Parliament.

Section 15. Returns to be furnished to the Board

(1) An industrial concern or an institution receiving financial assistance from the Board shall furnish returns to the Board in such form and at such time as may be determined by regulations.

(2) The Board may authorize an officer to visit any industrial concern or institution referred to in sub-section (1) at any time to verify the accuracy of any return made under this section.

Section 16. Power of the Central Government to issue direction

(1) Without prejudice to the foregoing provisions of this Act, the Board shall, in the discharge of its functions and duties under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time;

Provided that the Board shall, as far as practicable, be given an opportunity to express its views before by direction is given under this sub-section.

(2) The decisions of the Central Government whether a question is one of policy or not shall be final.

Section 17. Power of Central Government to supersede the Board

(1) If at any time the Central Government is of opinion-

(a) That on account of grave emergency, the Board is unable to discharge the functions and the duties imposed on its by or under the provisions of this Act; or

(b) That the Board has persistently made default in complying with any direction issued by he Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act and as a result of such default the financial position of the Board or the administration of the Board the deteriorated; or

(c) That circumstances exist which render it necessary in the public interest so to do, the Central Government may, be notification in the Official Gazette, supersede the Board for such period, not exceeding six months, as may be specified in the notification.

(2) Upon the publication of a notification under sub-section (1) superseding the Board,-

(a) All the members shall, as from the date of supersession, vacate their offices as such;

(b) All the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Board shall, until the Board is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct; and

(c) All property owned or controlled by the Board shall, until the Board is reconstituted under sub-section (3), vest in the Central Government.

(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may reconstitute the Board by a fresh appointment and in such case any person or persons who vacated their offices under clause (a) of sub-section (2), shall not be deemed to be disqualified for appointment:

Provided that the Central Government may, at any time, before the expiration of the period of supersession, take action under this sub-section.

(4) The Central Government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section and circumstances leading to such action to be laid before each House of Parliament at the earliest.

Section 18. Delegation

The Board may, by general or special order in writing, delegate to the Chairperson or any other member or to any officer of the Board.Subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act (except the power under section 22) as it may deem necessary.

Section 19. Members officers and employees of the Board to be public servants

All members, officer and other employees of the Board shall be deemed, when acting or purporting to act in pursuance of the Board shall be deemed, when acting or purporting to act pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code.(45 of 1860)

Section 20. Protection of action taken in good faith

No prosecution or other legal proceeding shall lie against the Government, or the Board or any committee appointed by it or any member of the Board or such committee, or any officer or employee of the Government or the Board or any other person authorised by the Government or the Board, for anything which is in good faith done or intended to be done under this Act or the rules or regulations made there under.

Section 21. Power of Central Government to make Rules

(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

(2) Without prejudice to the generality of the forgoing power, such rules may provide for all or any of the following matters, namely.

(a) The number of members of the Board under clause (g) of sub-section (3) of section 3;

(b) The term of office and other conditions of service of the members of the Board, under sub-section (4) of section 3;

(c) The powers and duties of the Chairperson under sub-section (5) of section 3;

(d) The constitution of committees under sub-section (1) of section 5;

(e) The form of application under sub-section (1) of section 7;

(f) The form in which, and the time at which the Board shall prepare its budget under section 11 and its annual report under section 12;

(g) The form of annual statement of accounts under sub-section (1) of section 13 and the date before which the audited copy of the accounts may be furnished to the Central Government under sub-section (4) of that section;

(h) Any other matter which is to be, or may be, prescribed or in respect of which provision is to be or may be, made by rules.

Section 22. Power of Board to make regulations

(1) The Board may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules generally to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the fore going power, such regulations may provide for all or any of the following matters, namely.

(a) The terms and conditions of service of the Secretary and other officers and employees of the Board under sub-section (2) of section 4;

(b) The conditions subject to which equity capital may be provided by the Board under clause (a) of section 6;

(c) The form in which and the time at which the returns may be furnished to the Board under sub-section (1) of section 15.

Section 23. Rules and regulations to be laid before Parliament

Every rule and every regulation 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 session aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation 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 rule or regulation.

Bydeb

Sree Chitra Tirunal Institute for Medical Sciences and Technology, Trivandrum (Amendment) Act, 2005

SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY, TRIVANDRUM (AMENDMENT) ACT, 20051

[No. 40 OF 2005]

[September 5, 2005]

An Act to amend the Sree Chitra Tirunal Institute for Medical Sciences and Technology, Trivandrum Act, 1980

Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-

Prefatory Note-Statement of Objects and Reasons.-

Sree Chitra Tirunal Institute for Medical Sciences and Technology, Trivandrum was constituted by the Sree Chitra Tirunal Institute for Medical Sciences and Technology, Trivandrum Act, 1980 and it was declared as an institution of national importance for the objects to promote bio-medical engineering and technology, to develop postgraduate training programs of the highest quality in advanced medical specialities and to provide and demonstrate high standards of patient-care in advanced medical specialities.

2. Section 5 of the Act provides for the composition of the Institute and envisages under clause (j) that Institute shall consists of three Members of Parliament of whom two shall be elected from among themselves by the Members of the House of the People and one from among themselves by the Members of the Council of States. Sub-section (2) of Section 6 provides further that the term of office of a member elected under clause (j) of Section 5 shall come to an end as soon as he ceases to be a member of the House from which he was elected. But, the Act does not provide for cessation of the term of office of a member elected under the said clause, in case he becomes Speaker or Deputy Speaker of the House of the People or Deputy Chairman of the Council of States or Minister. Hence, an amendment to the Act is required to provide that the term of office of a member elected under the said clause shall come to an end as soon as he becomes Speaker or Deputy Speaker of the House of the People, or Deputy Chairman of the Council of States, or a Minister.

3. The Bill seeks to achieve the above objects.

——————–

1. Received the assent of the President on September 5, 2005 and published in the Gazette of India, Extra., Part II Section 1 Dated 6th September 2005, p. 1, No. 46.

1. Short title.

This Act may be called the Sree Chitra Tirunal Institute for Medical Sciences and Technology, Trivandrum (Amendment) Act, 2005.

2. Amendment of Section 6.

In Section 6 of the Sree Chitra Tirunal Institute for Medical Sciences and Technology, Trivandrum Act, 1980 (52 of 1980) in sub-section (2), the following words shall be added at the end, namely:-

“or he becomes Speaker or Deputy Speaker of the House of the People, or Deputy Chairman of the Council of States, or a Minister.”