Central Universities Act, 2009
Bare Act
Section 1
Short title and
commencement. -
1.
This
Act may be called the Central Universities Act, 2009.
2.
It
shall be deemed to have come into force on the 15th day of January, 2009.
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 a Department of the University;
d.
"College"
means a college maintained by the University;
e.
"Chancellor",
"Vice-Chancellor" and "Pro-Vice-Chancellor" mean,
respectively, the Chancellor, Vice-Chancellor and Pro-Vice-Chancellor of the
University;
f.
"Court"
means the Court of the University;
g.
"Department"
means a Department of Studies and includes a Centre of Studies;
h.
"distance
education system" means the system of imparting education through any
means of communication, such as broadcasting, telecasting, internet,
correspondence courses, seminars, contact programmes or the combination of any
two or more such means;
i.
"employee"
means any person appointed by the University and includes teachers and other
staff of the University;
j.
"Executive
Council" means the Executive Council of the University;
k.
"Hall"
means a unit of residence or of corporate life for the students of the
University, or of a College or an Institution, maintained by the University;
l.
"Institution"
means an academic institution, not being a College, maintained by the
University;
m.
"Principal"
means the Head of a 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 Principal, and in the absence of the Principal, or the
acting Principal, a Vice-Principal duly appointed as such;
n.
"Regulations"
means the Regulations made by any authority of the University under this Act
for the time being in force;
o.
"School"
means a School of Studies of the University;
p.
"Statutes"
and "Ordinances" mean, respectively, the Statutes and the Ordinances
of the University for the time being in force;
q.
"teachers
of the University" means Professors, Associate Professors, Assistant
Professors 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 designated as teachers by the Ordinances;
and
r.
"University"
means a University established and incorporated as a University under this Act.
Section 3
Establishment of Universities
1.
The
Guru Ghasidas Vishwavidyalaya in the State of Chhattisgarh and Doctor Harisingh
Gour Vishwavidyalaya in the State of Madhya Pradesh, established under the
Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973, and Hemvati Nandan Bahuguna
Garhwal University in the State of Uttarakhand, established under the Uttar
Pradesh State Universities Act, 1973, shall be established as bodies corporate
under this Act by the same names of "Guru Ghasidas Vishwavidyalaya",
"Doctor Harisingh Gour Vishwavidyalaya" and "Hemvati Nandan
Bahuguna Garhwal University", respectively.
2.
The
headquarters of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour
Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University shall be at
Bilaspur, Sagar and Srinagar, respectively.
3.
The
jurisdiction of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour
Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, shall extend to
the Bilaspur, Raigarh and Surguja districts of the State of Chhattisgarh, the
Sagar, Tikamgarh, Chhatarpur, Panna, Chhindwara and Damoh districts of the
State of Madhya Pradesh, and the Chamoli, Dehradun, Garhwal, Hardwar,
Rudraprayag, Tehri Garhwal and Uttarkashi districts of the State of
Uttarakhand, respectively.
4.
There
shall be established, the Universities in the various States as bodies
corporate, by such names and territorial jurisdiction, as specified in the
First Schedule to this Act.
5.
The
headquarters of each of the Universities, referred to in sub-section (4), shall
be such as may be specified by the Central Government by notification in the
Official Gazette.
6.
The
first Chancellor, the first Vice-Chancellor and the first members of the Court,
the Executive Council and the Academic Council of each University, 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 the University.
7.
The
University shall have perpetual succession and a common seal, and shall sue and
be sued by the said name
Section 4
Effect of establishment of Universities
On
and from the date of commencement of this Act,-
a.
any
reference to Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour
Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University, in any contract
or other instrument shall be deemed as a reference to Guru Ghasidas
Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya, and Hemvati Nandan
Bahuguna Garhwal University, respectively, established under this Act;
b.
all
properties, movable and immovable, of or belonging to Guru Ghasidas
Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna
Garhwal University, shall vest in Guru Ghasidas Vishwavidyalaya, Doctor
Harisingh Gour Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University,
as the case may be, established under this Act;
c.
all
rights and liabilities of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour
Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, shall be
transferred to, and be the rights and liabilities of, Guru Ghasidas
Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan
Bahuguna Garhwal University, respectively, established under this Act;
d.
every
person employed by Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour
Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, immediately
before the commencement of this Act shall hold his office or service in Guru
Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati
Nandan Bahuguna Garhwal University, respectively, established under this Act 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 enacted 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 terms 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 commencement
of this Act, pending the execution of a contract under section 33, 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 Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour
Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University, in any law for
the time being in force, or in any instrument or other document, shall be
construed as a reference to the Vice-Chancellor and the Pro-Vice-Chancellor of
Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya or Hemvati
Nandan Bahuguna Garhwal University, as the case may be, established under this
Act;
e.
the
Vice-Chancellors of Guru Ghasidas Vishwavidyalaya and Doctor Harisingh Gour
Vishwavidyalaya, appointed under the provisions of the Madhya Pradesh
Vishwavidyalaya Adhiniyam, 1973, and the Vice-Chancellor of Hemvati Nandan
Bahuguna Garhwal University, appointed under the provisions of the Uttar
Pradesh State Universities Act, 1973, shall be deemed to have been appointed as
the Vice-Chancellors under this Act, and shall hold office for a period of
three months or till such time the first Vice-Chancellor is appointed under
section 44 of the Act, whichever is earlier; and
f.
all
Colleges, Institutions, Schools or Faculties, and Departments affiliated to, or
admitted to the privileges of, or maintained by, Guru Ghasidas Vishwavidyalaya,
Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal
University shall stand affiliated to, or admitted to the privileges of, or
maintained by, Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour
Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, respectively,
established under this Act.
Section 5
Objects of University
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 special provisions for integrated courses in humanities,
social sciences, science and technology in its educational programmes; to take
appropriate measures for promoting innovations in teaching-learning process and
inter-disciplinary studies and research; to educate and train manpower for the
development of the country; to establish linkages with industries for the
promotion of science and technology; and to pay special attention to the
improvement of the social and economic conditions and welfare of the people,
their intellectual, academic and cultural development.
Section 6
Powers of University
University. -
1.
The
University shall have the following powers, namely:-
i.
to
provide for instructions in such branches of learning like natural sciences,
social sciences, humanities, engineering, technology and medicine 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 to, and confer degrees or other academic distinctions on, persons,
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
organise and to undertake extramural 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 system to such persons as it
may determine;
vi.
to
institute Principal ships, Professorships, Associate Professorships, Assistant
Professorships and other teaching or academic positions, required by the
University and to appoint persons to such Principal ships, Professorships,
Associate Professorships, Assistant Professorships or other teaching or
academic positions;
vii.
to
recognize an institution of higher learning for such purposes as the University
may determine and to withdraw such recognition;
viii.
to
appoint persons working in any other University or academic institution,
including those located outside the country, as teachers of the University for
a specified period;
ix.
to
create administrative, ministerial and other posts and to make appointments
thereto;
x.
to
co-operate or collaborate or associate with any other University or authority
or institution of higher learning, including those located outside the country,
in such manner and for such purposes as the University may determine;
xi.
to
establish such centres and specialised laboratories or other units for research
and instruction as are, in the opinion of the University, necessary for the
furtherance of its objects;
xii.
to
institute and award fellowships, scholarships, studentships, medals and prizes;
xiii.
to
establish and maintain Colleges, Institutions and Halls;
xiv.
to
make provision for research and advisory services and for that purpose to enter
into such arrangements with other institutions, industrial or other
organisations, as the University may deem necessary;
xv.
to
organise and conduct refresher courses, workshops, seminars and other
programmes for teachers, evaluators and other academic staff;
xvi.
to
appoint on contract or otherwise visiting Professors, Emeritus Professors,
Consultants and such other persons who may contribute to the advancement of the
objects of the University;
xvii.
to
confer autonomous status on a College or an Institution or a Department, as the
case may be, in accordance with the Statutes;
xviii.
to
determine standards of admission to the University, which may include
examination, evaluation or any other method of testing;
xix.
to
demand and receive payment of fees and other charges;
xx.
to
supervise the residences of the students of the University and to make
arrangements for promoting their health and general welfare;
xxi.
to
lay down conditions of service of all categories of employees, including their
code of conduct;
xxii.
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;
xxiii.
to
make arrangements for promoting the health and general welfare of the
employees;
xxiv.
to
receive benefactions, donations and gifts and to acquire, hold and manage, and
to dispose of, with the previous approval of the Central Government, any
property, movable or immovable, including trust and endowment properties, for
the purposes of the University;
xxv.
to
borrow, with the previous approval of the Central Government, on the security
of the property of the University, money for the purposes of the University;
and
xxvi.
to
do all such other acts and things as may be necessary, incidental or conducive
to the attainment of all or any of its objects.
1.
2.
In
exercising its powers referred to in sub-section (1), it shall be the endeavour
of the University to maintain an all-India character and high standards of
teaching and research, and the University shall, among other measures which may
be necessary for the said purpose, take, in particular, the following measures,
namely:-
i.
admission
of students and recruitment of faculty shall be made on all-India basis;
ii.
admissions
of students shall be made on merit, either through Common Entrance Tests
conducted individually by the University or in combination with other
Universities, or on the basis of marks obtained in the qualifying examination
in such courses where the intake of students is small;
iii.
inter-University
mobility of faculty, with portable pensions and protection of seniority, shall
be encouraged;
iv.
semester
system, continuous evaluation and choice-based credit system shall be
introduced and the University shall enter into agreements with other
Universities and academic institutions for credit transfer and joint degree
programmes;
v.
innovative
courses and programmes of studies shall be introduced with a provision for
periodic review and restructuring; (vi) active participation of students shall
be ensured in all academic activities of the University, including evaluation
of teachers;
vi.
accreditation
shall be obtained from the National Assessment and Accreditation Council or any
other accrediting agency at the national level; and
vii.
e-governance
shall be introduced with an effective management information system.
Section 7
University open to
all castes, creed, race or class. -
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 whatsoever 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 to be admitted as a student in the University 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 the employment or admission of women, persons with disabilities
or of persons belonging to the weaker sections of the society and, in
particular, of the Scheduled Castes, the Scheduled Tribes and the other
socially and educationally backward classes of citizens:
Section 8
Visitor of University
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 maintained
by it, and to submit a report thereon; and upon receipt of that 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 abide by such action and 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; 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.
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, 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
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
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.
9.
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.
10.
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 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 9
Officers of University
University. -
The following shall
be the officers of the University, namely:-
1.
the
Chancellor;
2.
the
Vice-Chancellor;
3.
the
Pro-Vice-Chancellor;
4.
the
Deans of Schools;
5.
the
Registrar;
6.
the
Finance Officer;
7.
the
Controller of Examinations;
8.
the
Librarian; and
9.
such
other officers as may be declared by the Statutes to be the officers of the
University.
Section 10
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 11
Section
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 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 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 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
represent 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 12
Section
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 13
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 14
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 15
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 16
Controller of
Examinations. -
The Controller of
Examinations shall be appointed in such manner and shall exercise such powers
and perform such duties, as may be prescribed by the Statutes.
Section 17
Librarian
The Librarian 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 18
Other officers.
The manner of
appointment and powers and duties of other officers of the University shall be
prescribed by the Statutes.
Section 19
Authorities of University
The
following shall be the authorities of the University, namely:-
1.
the
Court;
2.
the
Executive Council;
3.
the
Academic Council;
4.
the
Board of Studies;
5.
the
Finance Committee; and
6.
such
other authorities as may be declared by the Statutes to be the authorities of
the University.
Section 20
The Court
1.
The
constitution of the Court and the term of office of its members shall be
prescribed by the Statutes: Provided that such number of members, as may be
prescribed by the Statutes, shall be elected from among the teachers, employees
and students of the University.
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 21
Executive Council
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: Provided that
such number of members as may be prescribed by the Statutes shall be from among
the elected members of the Court.
Section 22
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: Provided that such
number of members as may be prescribed by the Statutes shall be from among the
elected members of the Court.
Section
Section
23 . Boards of Studies.
The constitution,
powers and functions of the Boards of Studies shall be prescribed by the
Statutes.
Section 24
Finance Committee
Committee. -
The constitution,
powers and functions of the Finance Committee shall be prescribed by the
Statutes.
Section 25
Other authorities
of 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
Powers 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 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;
d.
the
appointment of teachers, academic staff and other employees of the University,
their emoluments and conditions of service;
e.
the
appointment of teachers and 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 provisions for pension, insurance,
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 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
conferment of autonomous status on a College or an Institution or a Department;
k.
the
establishment and abolition of Schools, Departments, Centres, Halls, Colleges
and Institutions;
l.
the
conferment of honorary degrees;
m.
the
withdrawal of degrees, diplomas, certificates and other academic distinctions;
n.
the
management of Colleges and Institutions established by the University;
o.
the
delegation of powers vested in the authorities or officers of the University;
p.
the
maintenance of discipline among the employees and students; and
q.
all
other matters which by this Act are to be, or may be, provided for by the
Statutes.
Section 27
Statutes, how to be made
1.
The
first Statutes are those set out in the Second Schedule to this Act.
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 Statutes
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.
1.
2.
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.
1.
2.
3.
4.
5.
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 28
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 of
students to the University and their enrolment as such;
b. the courses of study
to be laid down for all degrees, diplomas and certificates of the University;
c. the medium of
instruction and examination;
d. the award of 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
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 and teaching of women
students and the prescribing of special courses of studies for them;
j. the establishment of
Centres of Studies, Boards of Studies, Specialised Laboratories and other
Committees;
k. the manner of
co-operation and collaboration with other Universities, institutions and other
agencies including learned bodies or associations;
l. the creation,
composition and functions of any other body which is considered necessary for
improving the academic life of the University;
m. the institution of
fellowships, scholarships, studentships, medals and prizes;
n. the setting up of a
machinery for redressal of grievances of employees and students; and
o. all other matters
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 Executive Council and the Ordinances so made may also be
amended, repealed or added to at any time by the Executive Council in the
manner prescribed by the Statutes:
Provided that in the
case of Guru Ghasidas Vishwavidyalaya and Doctor Harisingh Gour
Vishwavidyalaya, and Hemvati Nandan Bahuguna Garhwal University, till such time
as the first Ordinances are not so made, in respect of the matters that are to
be provided for by the Ordinances under this Act and the Statutes, the relevant
provisions of the Statutes and the Ordinances made immediately before the
commencement of this Act under the provisions of the Madhya Pradesh
Vishwavidyalaya Adhiniyam, 1973, and the Uttar Pradesh State Universities Act,
1973, respectively, shall be applicable in so far as they are not inconsistent
with the provisions of this Act and 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 Ordinances, 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
Executive Council, which shall include, among other matters, the steps taken by
the University towards the fulfillment of its objects and shall be submitted to
the Court on or before 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.
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 31
Annual accounts
1.
The
annual accounts and balance-sheet of the University shall be prepared under the
direction 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 32
Returns and information
information. -
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, within such period as may be specified by the Central
Government.
Section 33
Conditions of
service of employees, etc. -
1.
Every
employee of the University shall be appointed under a written contract, which
shall be lodged with the University and a copy of which shall be furnished to
the employee concerned.
2.
Any
dispute arising out of the contract between the University and any employee
shall, at the request of the employee, be referred to a 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: Provided that nothing
in this sub-section shall preclude the employee from availing of the judicial
remedies available under articles 32 and 226 of the Constitution.
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.
5.
The
procedure for regulating the work of the Tribunal shall be prescribed by the
Statutes.
Section 34
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
33 shall, as far as may be, apply to a reference made under this sub-section.
Section 35
Right to appeal.
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
Executive Council against the decision of any officer or authority of the
University, or, the Principal or the management of any College or an
Institution, as the case may be, and thereupon the Executive Council may
confirm, modify or reverse the decision appealed against.
Section 36
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.
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,
shall apply to such fund, as if it were a Government provident fund.
Section 37
Disputes as to
constitution of 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 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 appoints, elects or co-opts 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 39
Proceedings of
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
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
pursuance of any of the provisions of this Act, the Statutes or the Ordinances.
Section 41
Mode of proof of
University record. -
Notwithstanding
anything contained in the Indian Evidence Act, 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 42
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 43
Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament
and to be laid before Parliament. -
1.
Every
Statute, Ordinances or Regulation made under this Act shall be published in the
Official Gazette.
2.
Every
Statute, Ordinances 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, Ordinances or
Regulation or both Houses agree that the Statute, Ordinances or Regulation
should not be made, the Statute, Ordinances 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, Ordinances 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 Statutes, Ordinances or Regulations or any of them but no
retrospective effect shall be given to any Statutes, Ordinances or Regulations
so as to prejudicially affect the interests of any person to whom such
Statutes, Ordinances or Regulations may be applicable.
Section 44
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 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 Visitor;
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-one
members and eleven members, respectively, who shall be nominated by the Central
Government and shall hold office for a term of three years; and
d.
the
first Academic Council shall consist of not more than twenty-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 above offices or
authorities, the same shall be filled by appointment by the Visitor or
nomination by the Central Government, as the case may be, 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.
Section 45
Amendment of Madhya Pradesh Act 22 of 1973
1.
In
the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973, in the Second Schedule, the
entries relating to Guru Ghasidas Vishwavidyalaya and Doctor Harisingh Gour
Vishwavidyalaya 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 under the Madhya Pradesh Vishwavidyalaya Adhiniyam, 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 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.
Section 46
Amendment of President's Act 10 of 1973
1.
In
the Uttar Pradesh State Universities Act, 1973,-
a.
in
sub-section (1) of section 4, the words, figures and brackets "and a
University of Garhwal which shall from April 25, 1989 be called the Hemvati
Nandan Bahuguna Garhwal University at Srinagar (District Garhwal)" shall
be omitted;
b.
in
clause (d) of sub-section (1) of section 20, the words "the Hemvati Nandan
Bahuguna Garhwal University" shall be omitted;
c.
in
sub-section (2) of section 52, for the words "the Universities of Kumaun
and Garhwal" the words "the University of Kumaun" shall be
substituted;
d.
section
72B shall be omitted;
e.
in
the Schedule, Serial No. 8 and the entries relating thereto shall be omitted.
2.
Notwithstanding
the omission and substitution referred to in sub-section (1),-
a.
all
appointments made, orders issued, degrees and other academic distinctions
conferred, diplomas and certificates awarded, privileges granted, or other
things done under the Uttar Pradesh State Universities Act, 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 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.
Section 47
Repeal and savings
1.
The
Central Universities Ordinance, 2009 is hereby repealed.
2.
Notwithstanding
such repeal, anything done or any action taken under the said Ordinance shall
be deemed to have been done or taken under the corresponding provisions of this
Act, and-
a.
all
appointments made, orders issued, degrees and other academic distinctions
conferred, diplomas and certificates awarded, privileges granted, or other
things done under the Central Universities Ordinance, 2009, 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 under 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.
