BERHAMPUR UNIVERSITY ACT, 1966 [1]THE BERHAMPUR UNIVERSITY ACT, 1966 [Act No. 21 of 1966] [15th December 1966] An Act
to Establish and Incorporate A University to Be Known as the Berhampur University
in the State of Orissa Be it
enacted by the Legislature of the State of Orissa in the Seventeenth Year of
the Republic of India as follows:-- (1)
This Act may be called the Berhampur University
Act, 1966 (2)
It shall extend to the districts of Ganjam,
Koraput and Khondmals of the State of Orissa. (3)
It shall come into force on such date as the
State Government may, by notification[2] appoint
in that behalf. In
this Act, unless the context otherwise requires-- (a)
"Academic Council" means the
Academic Council of the University; (b)
"affiliated institution" means any
institution affiliated to the University whether in whole or in part; (c)
[3]["autonomous college, institution or
department" means a college, institution or department as the case may be,
on which the status autonomy has been conferred under this; Act;] (d)
"college" means an institution
admitted to the University in accordance with the provisions of this Act and
the Statutes[4] [and includes a college
managed by the University,] but does not include a school, whether it is an
independent institution or forms part of a college as defined herein; (e)
[5]["Director of Public Instruction" mean the
Director of Public Instruction, Orissa and includes such other officer as may
be authorised by the State Government from time to time to perform the
functions and exercise the powers of the Director of Public Instruction under
this Act;] (f)
"district" and
"subdivision" shall respectively mean the district and subdivision
within the meaning of the Orissa. Revenue Administration (Units) Act, 1963
(Orissa Act 22 of 1963). (g)
"prescribed" means prescribed by
the Statutes; (h)
"registered graduate" means a
graduate registered under this Act; (i)
"Regulations" means the Regulations
made by the Academic Council of the University; (j)
"Senate" means the Senate of the
University; (k)
"Statutes" means the Statutes of
the University made under this Act; (l)
"Syndicate" means the Syndicate of
the University; and (m)
"University" means the Berhampur
University. (1)
The first "Chancellor and
Vice-Chancellor of the University and the first members of the Senate 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 Berhampur University. (2)
The University shall have perpetual
succession and a common seal, and shall sue and be sued by the said name. (3)
The University shall be deemed to have been
incorporated for the purposes, among others, of making provision for giving
instruction in such branches of learning as it deems fit, of promoting original
research, of examining students and conferring degrees, of admitting
educational institutions to its privileges, of inspecting she colleges and
supervising all matters of education and discipline therein, of controlling the
residence and discipline of the students of the University and of promoting
their physical, mental and moral welfare. (1)
The following shall be the officers of the
University, namely:-- (i)
the Chancellor; (ii)
the Vice-Chancellor; (iii) the Registrar; (iv)
the Finance Officer; (v)
the Deputy Registrar; (vi)
the Assistant Registrar; and (vii) such other officers as the Statutes may declare to be
officers of the University. (2)
The following shall be the teachers of the
University, namely: -- (i)
Professors; (ii)
Readers; (iii) Lecturers; and (iv)
such other teachers as the Statutes may
declare to be teachers of the University. (3)
The following shall be the authorities of the
University, namely:-- (i)
the Senate; (ii)
the Syndicate; (iii) the Academic Council; and (iv)
such other authorities as the Statutes may
declare to be authorities of the University. (1)
The Governor of Orissa shall be the
Chancellor of the University. (2)
The Chancellor shall by virtue of his Office
be the head of the University and shall, when present, preside at the
Convocations of the University convened for the purpose of conferring degrees
or for any other purpose. (3)
Every proposal for conferment of an honorary
degree shall be subject to confirmation by the Chancellor. (4)
The Chancellor shall finally decide all
disputes with regard to the election of members of the authorities of the
University. (5)
The Chancellor shall have the right to make
an inspection or cause an inspection to be made by such person or persons as he
may direct, of the University, its buildings, laboratories, workshops and
equipment and any institution associated with the University and also of the
examinations, teaching and other work conducted or done by the University and
to make an enquiry or cause an enquiry to be made in like manner in respect of
any matter connected with the University and in every such case he shall [6][give
notice to the Registrar] of his intention to make an inspection or enquiry or
to cause an inspection or enquiry to be made and the University shall be
intitled to be represented thereat. (6)
[7][(a) The Chancellor may, with reference to the result of
such inspection or enquiry, direct the concerned authority or authorities of
the University or the Vice-Chancellor, as the case may be, to take such
remedial measures as he deems necessary and within such period as he may fix in
that behalf. (b)
The concerned authority or authorities of the University or the
Vice-Chancellor, as the case may be, shall report to the Chancellor such
action, if any, as they have taken or propose to take upon the result of such
inspection or enquiry and such report shall be submitted to the Chancellor
within the period fixed by him under clause (a): Provided
that where the report is to be made by the Syndicate, Academic Council or the
Vice-Chancellor, it shall be submitted through the Senate which may express its
opinion thereon. (c) If
the concerned authority or the Vice-Chancellor, as the case may be, fails to
comply with the direction issued by the Chancellor within the period fixed
under clause (a) or within such further period as the Chancellor may allow in
that behalf, the Chancellor may take such remedial measures as he deems
proper.] (7)
The Chancellor may, by order in writing,
annul any proceeding of the Senate, Syndicate, Academic Council or any other
authority which is not in conformity with this Act and the Statutes: Provided
that, before making any such order he shall call upon the authority concerned
to show cause as to why such an order should not be made and if any cause is
shown within a reasonable time, he shall consider the same. (8)
[8][The Chancellor may, by an order and for reasons to be
recorded in writing postpone for a period not exceeding four months the holding
of elections to the Senate, Syndicate and the Academic Council.] (1)
The Vice-Chancellor shall be a whole-time
Officer of the University and shall be appointed by the Chancellor from a panel
of three names recommended by a Committee from among persons who are not
members of the Committee. [9][Provided that if the Chancellor is of the opinion that
none of the persons so recommended is suitable for appointment as
Vice-Chancellor, he may call for a fresh panel of three names from the
Committee which had recommended the earlier panel and shall appoint one of the
persons named in such fresh panel] (2)
[10][The Committee shall consist of three members out of whom
one member shall be nominated by the Chairman, University Grants Commission,
one member shall be nominated by the Chancellor and the remaining member shall
be elected by the Syndicate and the Chancellor shall appoint one of the members
to be the Chairman of the Committee.] (3)
No person shall be eligible to be a member of
the Committee if he is? (a)
a member of any of the authorities of the
University; or (b)
an employee of the University or of any
college or institution [11][maintained
or recognised by or] affiliated to the University. (4)
The business of the Committee shall be
conducted in such manner as may be determined, from time to time, by the
Chancellor in that behalf. (5)
[12][No person, who has attained the age of sixty-five years,
shall be eligible to be appointed as Vice-chancellor and no person shall
continue to hold the office of Vice-Chancellor after attaining the age as
aforesaid.] (6)
The term of office of the Vice-Chancellor
shall be[13] three years] from the
date of his appointment and any person holding such Office shall, subject to
the provisions contained in sub-section (1), be eligible for reappointment. [14][Provided that no person shall be appointed as
Vice-Chancellor or more than two terms.] (7)
The Chancellor may, in his discretion, extend
from time to time the term of office of the Vice-Chancellor for a total period
not exceeding six months without having to follow the procedure laid down in
sub-section (1). (8)
In case the office of the Vice-Chancellor
falls vacant due to the absence of the Vice-Chancellor on leave, the Chancellor
shall appoint a person [15][on
such terms and conditions as he deems necessary,] to act as the Vice-Chancellor
during the period for which the Vice-Chancellor proceeds on leave and the
person so appointed shall exercise the powers and perform the functions of the
Vice-Chancellor and shall be entitled to all emoluments attached to the office. (9)
[16][In case the Office of the Vice-Chancellor falls vacant
due to any other reason the vacancy shall be filled in the manner specified in
sub-section (1) and the person appointed to fill such vacancy shall hold office
and shall be eligible for reappointment in accordance with the provisions
contained in sub-section (5): Provided
that where it is not reasonably practicable to fill up the vacancy in the
manner aforesaid immediately after it occurs the Chancellor may appoint a
person to act as the Vice-Chancellor for such period, not exceeding four
months, as he may fix and the person so appointed shall exercise the powers and
perform the functions of the Vice-Chancellor and shall be entitled to all
emoluments attached to the office.] (10)
[17][The executive authority of the University shall vest in
the Vice-Chancellor.] (11)
The Vice-Chancellor shall, when present,
preside at the meetings of the Senate and at every meeting of any other
authority of which he is a member and in the absence of the Chancellor shall
also preside at a Convocation of the University. (12)
[18][The Vice-Chancellor shall be paid a consolidated salary
of three thousand rupees per month and shall be entitled to a rent-free
furnished quarters.] (13)
Subject to availability of funds in the
budget the Vice-Chancellor shall have power to sanction [19]***
expenditure up to [20][ten
thousand rupees] on any single item during the course of a financial year and
he shall make a report of all such expenditure to the Syndicate at the earliest
opportunity. (14)
[21][If the Vice-Chancellor is of the opinion that any order
or decision in respect of any matter which is required under the provisions of
this Act or the Statutes to be passed or made by any authority of the
University, is necessary to be passed or made immediately and it is not
practicable to convene a meeting of the concerned authority for that purpose he
may pass such order or take such decision as he deems proper and place the
order or decision, as the case may be, before the concerned authority at its
next meeting for ratification; and where the authority differs from the
Vice-Chancellor, the matter shall be referred to the Chancellor whose decision
thereon shall be final. (15)
The Vice-Chancellor shall review the
performance of teachers and officers of the University annually and submit a
report thereon to the Chancellor. (16)
The Vice-Chancellor shall have power to
require the teachers of different colleges to report to him about the conduct
of University examinations and to give such directions to the officers in
charge of the examination as he deems necessary.] (17)
The Vice-Chancellor shall [22][at
least once in a year,] inspect the colleges and institutions of, or affiliated
to, the University. (18)
Notwithstanding anything contained in the
foregoing sub-sections the Chancellor shall appoint such person as he deems fit
to be the first Vice-Chancellor of the University, who shall hold office for
such period, not exceeding one year, and subject to such terms and conditions
as the Chancellor may fix in that behalf. (1)
The Registrar shall be appointed by the
Chancellor and shall be a whole-time officer of the University and shall act as
Secretary to the Senate, the Syndicate and the Academic Council. (2)
The Registrar shall? (a)
manage the properties and investments of the
University; (b)
[23][remain in custody of the properties and funds of the
University;] (c)
sign all contracts made on behalf of the
University; (d)
subject to the control of the Vice-Chancellor,
be the head of the University Office; (e)
exercise and perform such other powers and
duties as may be prescribed by the Statutes and the Regulations and as may,
from time to time, be imposed on him by the Senate, the Syndicate and the
Academic Council; and (f)
generally render such assistance to the
Vice-Chancellor as may be desired by him in the performance of his duties. (3)
The Registrar shall have the right to speak
and otherwise take part in the proceedings at a meeting of any of the authorities
of the University but shall not be entitled to vote at any such meeting. (4)
Notwithstanding anything contained in section
20. the first Registrar of the University shall be appointed by the Chancellor
and he shall hold office for such period, not exceeding one year, and subject
to such terms and conditions as the Chancellor may fix in that behalf. (1)
The Finance Officer shall be appointed by the
Chancellor and he shall? (a)
be responsible for the proper investment of
the funds of the University; (b)
exercise general supervision of such funds; (c)
tender advice with regard to financial
transactions of the University; (d)
be responsible for preparation and
presentation of the annual financial estimates and statements of accounts to
the Syndicate; (e)
be responsible for seeing that all moneys are
expended on the purposes for which they are granted or allotted by the
appropriate authority; (f)
examine statements of accounts of the
University Colleges and submit a report on such examination to the Syndicate;
and (g)
exercise such other powers and perform such
other functions as may be prescribed. (2)
The first Finance Officer of the University
shall be appointed by the Chancellor for such period, not exceeding one year,
and subject to such terms and conditions as the Chancellor may fix in that
behalf. (1)
The Senate shall consist of the following
members, namely:Ex-officio Members (a)
the Vice-Chancellor; (b)
the Director of Public Instruction, Orissa; (c)
[24][the Director of Medical Education and Training, Orissa;] (d)
the President of the Board of Secondary
Education, Orissa; and in case the Director of Public Instruction, Orissa
happens to be the President, the Vice-President of the said Board; (e)
the Advocate-General, Orissa; (f)
the Deans of Faculties who are not otherwise
members; (g)
[25][the Principals of colleges who have teaching experience
for at least [26][ten
years] in any college affiliated to any University established under law; ] (h)
[27][the Heads of Post-graduate Departments of the University
and of the colleges not being below the rank of a Reader; ] (i)
[* * *][28] Members
for Life (j)
such persons, not exceeding five in number,
as may be appointed by the Chancellor on the ground that they have rendered eminent
services to the cause of education; (k)
any person who makes a donation of at least
twenty-five thousand rupees to or for the purposes of the University either
generally or for any specified purpose approved by the Senate; Elected Members (l)
two persons to be elected by the Academic
Council from among its members; (m)
one person from each of the colleges in which
instruction is given up to a degree standard to be elected by the registered
college teachers of the college from among themselves; (n)
three persons to be elected by the registered
college teachers of all the remaining colleges taken together from among
themselves; [29][Provided that not more than one person shall be elected
from any one college; ] (o)
two persons to be elected by the Board of Secondary
Education, Orissa from among its members of whom one shall be a graduate school
teacher and the other a school teacher connected with basic education; (p)
fifteen persons to be elected from among
themselves by the registered graduates who are not teachers of any college (q)
[30] [* *]; (r)
two persons to be elected by the members of
the Orissa Legislative Assembly from among themselves; (s)
two persons to be elected by the lady
registered graduates from among themselves; (t)
two persons to be elected by such learned
societies in the areas to which this Act extends as the Chancellor may direct; Other
Members (u)
the outgoing Vice-Chancellor; (v)
one person to be nominated by each
association, firm or other body making a donation of at least one lakh of
rupees to or for the purposes of the University either generally or for any
specified purpose approved by the Senate; [*[31]] (w)
two persons to be nominated by the Chancellor
from among graduates belonging to the Scheduled Tribes or Scheduled Castes. (x)
[32][two students to be nominated by the Vice-Chancellor from
among the presidents and secretaries of college unions [33][and
University Student Unions; ] (y)
two students to be nominated by the
Vice-Chancellor from among the students who have shown outstanding performance
in all or any of the following activities:-- (i)
academic pursuits; (ii)
sports; (iii) National Service Scheme; (iv)
National Cadet Corps; (v)
Cultural activities and (z)
one lady student to be nominated by the
Vice-Chancellor]. [34][Provided that the disqualification specified in clause
(d) of section 28 shall not apply to the nomination of students under clauses
(w), (x) and (y)]. (2)
The term of office of the members of the
Senate other than the ex-officio members and members for life shall be five years. (3)
As near as may be, one-fifth of elected
members, other than those elected by the members of the Orissa Legislative
Assembly, shall retire in rotation at the end of each year in accordance with
the Statutes and an equal number shall be elected to fill the vacancies so
caused. (4)
Subject to the provisions of this Act and the
statutes and Senate shall, [35][**]
perform the functions and exercise the powers as herein specified, namely: -- (a)
sanctioning the budget of the University; (b)
determination of the degrees and diplomas to
be granted by the University; (c)
determination of the time in a student's
career at which courses shall be taken; (d)
making provision for research and for
advancement and dissemination of knowledge; (e)
consideration of the annual report and the
annual financial estimates and to make such recommendations thereon as it deems
fit; (f)
reviewing the actions taken by the Syndicate
in relation to management of the Funds, concerns, properties and other affairs
of the University and to make such recommendations thereon as it deems fit and
it shall be the duty of the Syndicate to take appropriate action in pursuance
of such recommendation: (g)
to make new Statutes or to amend or repeal
any of the Statues either of its own motion or on the recommendation of the
Syndicate; and (h)
to exercise the powers of the University not
otherwise provided for. (5)
Notwithstanding anything contained in this
Act, for the purpose of constituting the Senate for the first time the members
referred to in clauses (l) to (s) of sub-section (1) shall be nominated by the
Chancellor, so far as may be, from among persons belonging to the categories
specified in the said clauses respectively and the members so nominated shall
hold office for one year [36][and
four months]: Provided
that in doing so the Chancellor shall give preference to persons belonging to
the aforesaid categories, if any, who, immediately prior to the commencement of
this Act, were holding office as members of the Senate of the Utkal University
established under the Utkal University Act, 1943 (Orissa Act 13 of 1943). (1)
The Syndicate shall consist of the following
members, namely:--Ex-officio members (a)
the Vice-Chancellor; (b)
the Director of Public Instruction, Orissa or
any officer, not below the rank of a[37]
[Additional Director] nominated by the Director either generally or for any
particular purpose; (c)
the Principal of the Berhampur Medical
College; (d)
the Principal of the Khallikote College;Other
members (e)
[38][[39][one
person to be nominated by the Chancellor from among the members of the Senate
other than those specified in clauses (w), (x) and (y) of sub-section (1) of
section 9;] (f)
one person to be elected by the Academic
Council from among its members; and (g)
[40][nine persons to be elected by the Senate from among its
members of whom two shall be University Postgraduate teachers, four shall be
college teachers, and the remaining shall be persons not in any way connected
with the University or with any college.] [41][*
* * ] (2)
The term of office of the members, other than
the ex-officio members shall be three years. (3)
Subject to the provisions of this Act and the
Statutes the Syndicate shall perform the functions and exercise the powers as
herein specified, namely:-- (a)
appointment of members of the Faculties and
Boards of Studies and determination of the procedure to be followed in the
conduct of business of the said Faculties and Boards and the quorum required at
the meetings thereof; (b)
appointment of examiners and determination of
their remuneration, duties and powers; (c)
award of scholarships and prizes; (d)
prescription of text-books for the different
courses of study; (e)
general disciplinary control of the students
of the University; (f)
control of examinations; (g)
supervision and [42][annual]
inspection of Colleges and other institutions affiliated to the University; (h)
[43][* *] (i)
determination of the standard of instruction
and in particular whether the standard laid down by the Academic Council shall
be raised or lowered to being it in conformity with the degree or examination
concerned; (j)
management of Funds, concerns, properties and
other affairs of the University; and (k)
[44][preparation of the annual report, a report on annual
inspection and the annual budget and submission thereof to the Senate.] (l)
[45][to declare a college, an institution or a department as
autonomous college or institution or department, as the case may be.] (4)
The Syndicate may delegate such of its
functions and powers to the Vice-Chancellor as it deems necessary. (5)
Notwithstanding anything contained in this
Act, for the purpose of constituting the Syndicate for the first time the
members referred to in clauses (e) [46]**
and (h) of sub-section (1) shall be nominated by the Chancellor, so far as may
be, from among persons belonging to the categories specified in the said
clauses respectively and the members so nominated shall hold office for one
year [47][and four months]: Provided
that in doing so the Chancellor shall give preference to persons belonging to
the aforesaid categories, if any, who, immediately prior to the commencement of
this Act, were holding office as members of the Syndicate of the Utkal
University established under the Utkal University Act, 1943 (Orissa Act. 13 of
1943). (1)
The Academic Council shall consist of the
following members, namely:--Ex-Officio members (a)
The Vice-Chancellor; (b)
the Director of Public Instruction, Orissa; (c)
the President of the Board of Secondary
Education, Orissa; and in case the Director of Public Instruction, Orissa
happens to be the President, the Vice-President of the said Board; (d)
[48][the Principals of colleges who have teaching experience
for at least ten years in any college affiliated to any University established
under law;] (e)
Deans of Faculties; (f)
all heads of departments of the University
and of the post-graduate colleges; (g)
[49]* * * * Other members (h)
two persons to be elected by the Senate from
among its members [50][who
are neither teachers nor students;] (i)
[51]* * * * (j)
not more than [52][ten]
teachers of colleges to be co-opted as members by the Academic Council so as to
secure such representation of the different branches of learning as the Council
may consider adequate. (2)
The term of office of the members referred to
in clauses (h) [53]
* * and (j) of sub-section (1) shall be three years. (3)
Notwithstanding anything contained in this
Act, for the purpose of constituting the Academic Council for the first time
the members referred to in clause (h) shall be nominated by the Chancellor, so
far as may be, from among persons belonging to the categories specified in the
said clause and the persons so nominated shall hold office for one year [54][and
four months ]: Provided
that in doing so the Chancellor shall give preference to persons belonging to
the aforesaid categories, if any, who, immediately prior to the commencement of
this Act, were holding office as members of the Academic Council of the Utkal
University established under the Utkal University Act, 1943 (Orissa Act 13 of
1943). Subject
to the statutes made in that behalf, any graduate of the University and any
teacher of a college shall, on payment of such fees and subject to such
conditions as may be prescribed, be entitled to register himself as a
registered graduate or, as the case may be, registered college teacher of the
University: [55][Provided that any graduate of any University established
under any law ordinarily residing in the areas to which this Act extends shall,
on payment of the prescribed fees, be entitled to register himself as a
registered graduate of the University. Explanation--The
expression ' ordinarily residing ' for the purpose of the proviso shall mean
one who has resided for a total period of one hundred and eighty days during a
year within the said areas.] [56][12-A. Transfer of registered graduatesNotwithstanding
anything contained in the Utkal University Act, 1966 (Orissa Act 20 of 1966)
any person enrolled or deemed to be enrolled as registered graduate for life under
that Act and residing within the areas to which this Act extends may, within
one month from the 8th day of November, 1967 exercise his option in writing
addressed to the Registrar of the Utkal University for continuing as such
registered graduate, failing which he shall be deemed to be a registered
graduate for life enrolled under this Act with effect from the date of expiry
of the aforesaid period of one month.] Any
person who has become a member of any of the authorities of the University by
the process of election or nomination shall, on ceasing to hold the office or
on ceasing to hold membership of the electorate or of the association or body,
as the case may be by virtue of which he was elected or nominated, cease to
hold office as such member of the authority. All
vacancies arising by reason of death, resignation or otherwise among the
members of any of the authorities of the University who were elected or
nominated shall be filled as soon as conveniently may be, by election or
nomination, as the case may be, and the person so elected or nominated shall
hold office for the unexpired portion or the term of his predecessor in office. (1)
The Academic Council shall, subject to the
provisions of this Act and the Statutes, have power to make Regulations
prescribing all courses of study and curricula, have general control of
teaching in the colleges and shall be responsible for the maintenance of
standards of instruction. (2)
It shall have power to make regulations
consistent with this Act and the Statutes, relating to all matters which by
this Act or the Statutes may be provided for by Regulations. (3)
hi particular and without prejudice to the
generality of the foregoing powers it shall have power. (a)
to advise the Syndicate on all academic
matters; (b)
[57][to determine the standard of proficiency to be required
for ordinary degrees;] (c)
to determine whether any new subject of
instruction shall be included in the curriculum of any college or whether any
subject shall be omitted therefrom;] (d)
to formulate, modify or revise schemes for
the constitution or reconstitution of departments of teaching; (e)
to make Regulations relating to courses,
examinations and the conditions subject to which students shall be admitted to
examinations for degrees of the University; (f)
to make proposals to the Syndicate for the
institution of professorships, readerships, [58][lectureship]
or other teaching posts and in regard to the duties and emoluments thereof; (g)
to call for reports from the persons engaged
in research and to make recommendations to the Syndicate thereon; (h)
to control and manage the University library
or libraries, to frame rules regarding its or their use and to appoint a
library committee or committees; (i)
to make regulations for encouragement of
co-operation and reciprocity among the colleges, with a view to promoting
academic life; *[59] (j)
[60][to recognise on such conditions as may be prescribed the
degrees, diplomas and certificates granted by other Universities and
institutions of higher learning and accord such recognition on reciprocal basis
wherever applicable; and] (k)
to decide the conditions under which
exemption relating to admission of students to examinations may be given. [61][No act or proceeding of any authority or other body of
the University shall be invalid merely by reason of existence of any vacancy
among its members.] No
educational institution shall be admitted as a college unless the following
conditions are complied with, namely:-- (a)
the admission of the institution as a college
has, on an application made in that behalf, and after the Syndicate has
recorded its opinion thereon, been approved by the Senate; and (b)
all provisions of the Statutes relating to
the admission of educational institutions as colleges have been substantially
complied with. (1)
Any two members of the Syndicate may bring
forward a proposal that a college be deprived, either in whole or in part, of
its privileges. (2)
The Syndicate shall, after giving the
governing body of the college a reasonable opportunity of stating its
objections to the proposal, consider the proposal and transmit a copy of its
proceedings along with a copy of the objections filed by the governing body to
the Senate. (3)
The Senate shall consider the proposal and
shall decide as it thinks fit and its decision shall be final: Provided
that where the Senate decides to deprive a college, either in whole or in part,
of its privileges, it shall transmit a copy of its proceedings along with a
copy of the proceedings of the Syndicate to the Chancellor who shall have power
to rescind or modify the order of the Senate. Notwithstanding
anything in any other law for the time being in force, no educational
institution in the areas to which this Act extends shall, after the
commencement of this Act, be associated in any way with or seek admission to
any privileges of any other University and any such privileges granted by any
such other University to any educational institution in the aforesaid areas
prior to the commencement of this Act shall be deemed to have been withdrawn an
the commencement of this Act: Provided
that any educational institution which in accordance with the provision of this
section has been deprived of any such privileges shall, notwithstanding
anything contained in section 17, be deemed to have been granted the like
privileges by the University as may be determined by the Syndicate. (1)
The Registrar, Deputy Registrar and the
Assistant Registrar of the University shall be appointed by the Chancellor on
the recommendation of a Committee consisting of the Vice-Chancellor, the
Director of Public Instruction, Orissa and one member to be elected by the
Syndicate from amongst the remaining members thereof. (2)
The teachers of the University shall be
appointed [62][by the Syndicate] on the
recommendation of a Committee consisting of? (a)
the Vice-Chancellor; (b)
the Director of Public Instruction, Orissa; (c)
three experts selected by the Syndicate; and (d)
one member to be elected by the Syndicate
from amongst the remaining members thereof. [63][Provided that in case the Syndicate differs from the
recommendations of the Committee, the matter shall be referred to the
Chancellor whose decision thereon shall be final,] (3)
[64][The Vice-Chancellor, two out of the three experts and
one out of the remaining members of the aforesaid Committee shall form the
quorum at a meeting of the Committee.] (4)
Subject to the Statutes, if any, prescribed
in that behalf, the employees of the University, other than those specified in
the preceding sub-sections, shall be appointed by the Vice-Chancellor. (5)
The officers (other than the Chancellor and
the Vice-Chancellor), teachers and other employees of the University shall be
paid such salary and other emoluments as the Chancellor may, from time to time
determine. [65][The accounts of the University shall, once at least in
every year and at intervals of not more than fifteen months, be audited in
accordance with the provisions of the Orissa Local Fund Audit Act, 1948 (Orissa
A ct 5 of 1948) and the provisions of that Act shall apply to such audit.] (1)
Subject to the provisions of this Act, the
Statutes? (i)
shall provide for the following matters, namely:
-- (a)
the procedure to be followed for the election
of members of the different authorities of the University; (b)
matters relating to registration of graduates
and of college teachers and maintenance of registers therefor; (c)
[66][the extent of autonomy which a college, an institution
or a department may have and the matters in relation to which such autonomy may
be exercised;] (d)
the procedure to be followed at meetings of
the Senate, Syndicate and the Academic Council and the quorum required therefor;
and (e)
the procedure to be followed for retirement
by rotation of members of the Senate; and (ii)
may provide for all or any of the following
matters, namely:-- (a)
the constitution, powers and duties of the
Faculties, Boards of Studies, Finance Committee or such other authorities or
bodies as the University may, from time to time, deem necessary to appoint; (b)
the constitution and functions of governing
bodies of colleges; (c)
the admission of educational institutions as
colleges and the withdrawal or privileges of colleges so admitted; (d)
the admission of students to the University
and their examinations; (e)
the residential arrangements for students of
the University; (f)
the mode of appointment and duties of
examiners; (g)
the conferment and withdrawal by the university
of degrees, diplomas, certificates and other academic distinctions; (h)
the general discipline and control of the
University; (i)
the accounts to be kept and the use to be
made of the Funds of the University; (j)
manner of recruitment of officers (other than
the Vice-Chancellor), teachers and other employees and conditions of their
service; (k)
powers and duties of the officers, teachers
and other employees of the University; (l)
rules to regulate the conduct of the
University employees; (m) inspection of affiliated colleges; and (n)
any other matter which has to be or may be
prescribed under this Act. (2)
The first Statutes shall be framed by the
State Government. (3)
[67][The State Government and, subject to the provisions
contained in sub-section (4), (5) and (6), the Senate may, from time to time,
make new or additional Statutes, or may amend or repeal the Statutes.] (4)
The Syndicate may, from time to time, lay
before the Senate, any proposals for new statutes, or for the amendment or
repeal of any of the existing Statutes and it shall be the duty of the Senate
duly to consider all such proposals. (5)
[68][Every new Statute or addition to the Statutes or
amendment to, or repeal of, the Statutes made by the Senate shall be submitted
to the State Government who may either disallow it or allow it with or without
modifications.] (6)
No Statute or addition to the Statutes or
amendment or repeal of the Statutes made by the Senate shall have validity
until allowed by the State Government. (1)
The Regulations shall be made by the Academic
Council and subject to the provisions of this Act, they may provide for all or
any of the following matters, namely:-- (a)
encouragement of co-operation and reciprocity
among the colleges; (b)
admission of students to the University and
prescribing the examinations to be recognised as equivalent to the examinations
held by the University; (c)
University courses and examinations and the
conditions subject to which students of colleges shall be admitted to
examinations for the degrees and diplomas of the University; (d)
granting of exemptions relating to the
admission of students to examinations; (e)
management of the libraries of the
University; (f)
constitution of departments of teaching; and (g)
welfare of students of the affiliated
institutions. (2)
Regulations so made shall come into force on
such date as the Academic Council may fix in that behalf: Provided
that the Vice-Chancellor may, if in his opinion it is necessary so to do, give
immediate effect to any such Regulation. The
University shall have a fund called the General Fund to which shall be
credited-- (a)
its income from fees, endowments and grants,
if any; (b)
contributions which may be made by the State Government,
on such conditions as they may impose, towards the development of laboratories,
libraries, museums and workshops; salaries of such teachers of the University
as are appointed for research work and towards the advancement and
dissemination of knowledge in particular branches of learning. (1)
The University shall have a fund called the
Foundation Fund. (2)
The Foundation Fund shall consist of? (a)
the sum of not less than two lakhs of rupees
which shall be given to it by the State Government; (b)
any contributions to the Fund which may be
made by the State Government, any local authority or other public body or by
any other Government or person; and (c)
any contributions to the Fund which may be
made by the University. (3)
The Foundation Fund shall be invested in
securities, issued or guaranteed by the Central Government or [69][by
any State Government] and such investment shall not be varied without the
consent of the Chancellor. (4)
The corpus of the Foundation Fund shall be
kept in tact but the interest thereon may be utilised for the purposes of the
University. (5)
The expenditure incurred in pursuance of
clause (a) of sub-section (2) shall be expenditure charged on the Consolidated
Fund of the State. The
University shall have such other funds and maintain such accounts as the
Syndicate may determine. (1)
The Syndicate may remove any person from
membership of any of the authorities or other bodies of the University, if he
has been convicted by a court of law of an offence involving moral turpitude or
withdraw the degree, diploma or mark of honour conferred on or granted to such
person by the University for such period as it considers proper if he has been
guilty of gross misconduct. (2)
The Syndicate may in the case of any student
for any of the reasons specified in subsection (i)? (a)
remove his name from the register of
University students; or (b)
withhold his degree, diploma or mark of
honour for such period not exceeding two years as it may fix: Provided
that in the case of conviction in a court of law for an offence involving moral
turpitude the period of such withholding may exceed two years. (3)
Any person aggrieved by an order under
sub-section (1) or sub-section (2) may, within thirty days of the communication
of the order, prefer an appeal before the Chancellor whose decision thereon
shall be final. (4)
The Syndicate may, on sufficient cause shown
in that behalf, restore or confer the degree, diploma or mark of honour
withdrawn or withheld, as the case may be, or direct re-entry of the name of
the student removed from the register of University student: Provided
that no degree, diploma or mark of honour shall be withdrawn, withheld,
restored or conferred and no name shall be removed from or re-entered in the
register of University students without giving the person concerned a
reasonable opportunity of being heard and unless the proposal is accepted by
not less than two-thirds of the members of the Syndicate. (5)
A member of any of the authorities of the
University other than an ex-officio member, shall be deemed to vacate his
office? (a)
on resignation in writing addressed to the
Vice-Chancellor; or (b)
if he absents himself from three consecutive
meetings of the Senate, Syndicate or Academic Council, as the case may be; or (c)
if he acquires directly or indirectly by
himself or by any other person any pecuniary interest in any contract or
employment in or on behalf of the University or becomes an officer in any
Company registered under the Companies Act, 1956 (1 of 1956), which has any
such interest and if the Chancellor in consultation with the Senate considers
that on the grounds aforesaid the membership shall be terminated: Provided
that the Vice-Chancellor may, for good and sufficient reason, exempt any member
from the operation of clause (b): Provided
further that the provisions contained in clause (c) shall not be applicable to
the teachers of the University or of any college. A
person shall be disqualified for election or nomination as a member of any of
the authorities of the University, if he-- (a)
is at the date of election or nomination of
unsound mind or a deaf-mute; or (b)
is an uncertified bankrupt or undischarged
insolvent; or (c)
has been convicted and sentenced by a
Criminal Court to imprisonment for an offence involving moral turpitude; or (d)
is a registered student of the
University [70][; or] (e)
[71][has been for two or more terms a member of any one of
the authorities. Explanation-For
the purposes of this clause the expression "term" shall include part
of a term.] (1)
[72][If the State Government, after making such enquiry as
they deem fit, are satisfied that the Management of the University has not been
or can not be carried out in accordance with the provisions of this Act or that
there has been such default in the performance of its duties by any of the
authorities of the University that the administration of the University is not
likely to promote its objectives, they may, after consultation with the
Chancellor, by an order notified in the Gazette (hereinafter referred to as the
'notified order') take over the management of the affairs of the University and
appoint an officer to be the administrator for the University. (2)
The notified order shall remain in force for
such period, not exceeding one year, as the State Government may specify
therein: Provided
that if the State Government are of the opinion that in order to secure the
proper management of the affairs of the University it is expedient that such
notified order should continue in force for a further period, they may, from
time to time, by like order, and after consultation with the Chancellor, extend
the period of its operation by such further period as may be specified therein,
so, however, that in no case the notified order shall remain in force for more
than a total period of three years. (3)
A copy of every notified order and of every
order issued under the proviso to sub-section(2) shall, as soon as may be after it
is issued, be laid before the State Legislature. (4)
Upon issue of the notified order under
sub-section (1),-- (a)
the Senate, Syndicate and the Academic
Council shall be deemed to have been superseded and the members thereof holding
office immediately before the issue of the notified order, shall be deemed to
have vacated their offices as such; (b)
the offices of the members of the Senate for
life shall remain in abeyance during the operation of the notified order; (c)
the Vice-Chancellor shall be deemed to have
vacated his office as such; (d)
the powers and functions of the said
authorities and of the Vice-Chancellor shall during the operation of the
notified order, be exercised and performed by the Administrator; (e)
the Administrator shall, for the purposes of
signing the Diplomas granted by the University, be designated as the
Vice-Chancellor; (f)
every person ceasing to hold office as
aforesaid and having possession, custody or control of any property of or any
books, documents or other papers relating to the University shall deliver the
property, books, documents and other papers to the Administrator or to such
person as may be authorised by the Administrator in this behalf; (g)
the State Government may take all necessary
steps for securing possession of the properties, books, documents and other
papers as aforesaid. (5)
No person who ceases to hold any office by
reason of the issue of a notified order, shall be entitled to any compensation
for the loss of office. (6)
The Administrator shall take all necessary
steps for the reconstitution of the Senate, Syndicate and the Academic Council
and for the appointment of the Vice-Chancellor so that the members of the said
authorities and the Vice-Chancellor can assume office upon the expiry of the
notified order: Provided
that, notwithstanding anything contained in any other provision of this Act,
the State Government may, in consultation with the Chancellor, appoint the
officer acting as the Administrator to be the Vice-Chancellor of the University
with effect from the date of expiry of the notified order for such term, not
exceeding three years as they may fix. (7)
All elections and nominations necessary for
the purposes of reconstitution of the said authorities or for the purposes of
appointment of the Vice-Chancellor shall be held in advance in accordance with
the provisions of this Act and the Statutes framed thereunder and all persons
who are to take part at any such election by virtue of holding office as member
of any of the said authorities shall, notwithstanding the fact that they have
not assumed such office, be eligible to take such part.] The
Utkal University Act, 1943 (Orissa Act 13 of 1943) (hereinafter referred to as
the said Act), is hereby repealed: Provided
that-- (a)
teachers of colleges in the areas to which
this Act extends, who were enrolled as registered college teachers for life
under the said Act shall be deemed to be registered college teachers for life
enrolled under this Act; and (b)
until Statutes and Regulations are made under
the appropriate provisions of this Act, Statutes and Regulations made under the
said Act in so far as they are not inconsistent with this Act shall subject to
such modifications and adaptations, if any, as may be made therein by the
Chancellor, continue to be in force and shall be deemed to be Statutes and
Regulations made under the corresponding provisions of this Act. Notwithstanding
anything to the contrary contained in this Act or in any Statutes or Regulation
made thereunder-- (a)
any student who immediately prior to the
commencement of this Act was studying in the colleges, which have been or may hereafter be admitted to the privileges of the
University, for a degree, diploma or certificate of the Utkal University established
under the Utkal University Act, 1943 (Orissa Act 13 of 1943), shall, in
accordance with the Regulations of the latter University be entitled to be
examined by and if on the results of such examination he qualifies, be entitled
to be awarded the corresponding degree, diploma or the certificate, as the case
may be, of the University; and (b)
if before the commencement of this Act the
Utkal University established as aforesaid has held any examination in respect
of the colleges which have been or may hereafter be admitted to the privileges
of the University, the result of which has been published but the degrees,
diplomas or certificates relating thereto have not been conferred or granted or
if the result of any such examinations has not been published by the said Utkal
University, then such examination shall be deemed to have been held and the
results deemed to have been published by the University. Appendix I - APPENDIX I APPENDIX I Provision
of the Orissa University Laws (Amendment) Act, 1967 (Or. Act 28 Of 1967) not
incorporated in the Original Act. * * * * 6. Repeal
and Savings (1)
* * * (2)
Notwithstanding such repeal anything done,
any action taken, any Statutes made or any notification issued in exercise of
any power conferred by or under the said Ordinance shall be deemed to have been
done, taken, made or issued in exercise of the powers conferred by or under
this Act as if this Act was in force on the day on which such thing was done,
action was taken, Statutes were made or notification was issued. Appendix II - APPENDIX II APPENDIX II Provision
Of the Orissa University Laws (Amendment) Act, 1976 (Or. Act 27 Of 1976) not
incorporated in the original Act. 4. Transitory
Provision The
amendment of the University Acts by section 2 of this Act shall not in any way
affect-- (a)
the term of office of the Vice-Chancellor of
any of the Universities; or (b)
the membership of any member of the Syndicate
of any of the Universities, holding office immediately
prior to the coming into force of this Act. [1] For statement of Objects and Reasons, see Orissa Gazette,
Extraordinary, dated the 5th October 1966 (No. 1188). [2] Came into force w.e.f. 1-1-1967, vide Notification No
36270-IV-E.-B.-12/65-E., dated the 24th December 1966, published in Orissa
Gazette, Extraordinary, dated the 24th December 1966 (No. 1478). [3] Inserted by the Orissa University
Laws (Fourth Amendment) Act 1978 (Or. Act 12 of 1978), s. 2 (A). [4] Inserted by the Orissa university
Laws (Amendment) Act 1976 (Or. Act 27 of 1976) s. 2 (A) (i). [5] Inserted by the Orissa University
Laws (Amendment) Act, 1976 (Or. Act 27 of 1976), s. 2 (A) (ii). [6] Substituted by the Orissa University Laws (Amendment) Act
1967 (Or. Act 28 of 1967), s. 2 (i) (a) for "give notice to the University". [7] Substituted by the Orissa University Laws (Amendment)
Act, 1976 (Or. Act 27 of 1976), s. 2 (B). [8] Inserted by the Orissa University Laws (Amendment) Act,
1967 (Or. Act 28 of 1967), s. 2 (i) (c). [9] Added by the Orissa University
Laws (Amendment) Act, 1976 (Or. Act 27 of 1976), s. 2 (C) (i). [10] Substituted by ibid., s. 2 (C)
(ii). [11] Inserted by ibid., s. 2 (C) (iii). [12] Inserted by the Orissa University
Laws (Amendment) Act, 1967 (Or. Act 28 of 1967), s. 2(ii) (a). [13] Substituted by the Orissa
University Laws (Amendment) Act, 1976 (Or. Act 27 of 1976), s. 2 (C) (iv). [14] Added by the ibid [15] Inserted by ibid., s. 2 (C) (v). [17] . Inserted by the Orissa
University Laws (Amendment) Act, 1967 (Or Act 28 of 1967), s. 2. (ii)(b). [18] Substituted by the Orissa
University Laws (Amendment) A, 1980 (Or. Act 16 of 1980), s. 2 [19] Omitted by the Orissa University
Laws (Amendment) Act, 1967 (of Act 28 of 1967), & 2(ii)(d). [20] Substituted by the Orissa
University Laws (Amendment) Act, 1976 (Or Act 27 of 1976), s. 2(C) (vii). [21] Inserted by ibid, s. 2 (C). (viii) [22] Substituted by the Orissa
University Laws (Amendment) Act, 1967 (Or. Act 28 of 1967), s. 2 (ii) (e). [23] Inserted by ibid. s. 2 (iii). [24] Substituted by the Orissa
University Laws (Second Amendment) Act, 1978 (Or. Act 9 of 1978), s. 2. [25] Substituted by the Orissa
University Laws (Amendment) Act, 1967 (Or. Act 28 of 1967), s. 2(iv)(a) (1). [26] Substituted by the Orissa
University Laws (Amendment) Act, 1976 Or. Act 27 of 1976), s. 2 (D)(a)(i). [27] Substituted by the Orissa
University Laws (Amendment) Act, 1967 Or. Act 28 of 1967), s. 2 (iv)(a) (2). [28] Omitted by the ibid., s. 2 (iv)(a)(3). [29] Added by the Orissa University
Laws (Amendment) Act, 1967 (Or Act 28 of 1987), s. 2 (iv)(a)(4). [30] Deleted by ibid., s. 2(iv)(a)(5). [31] Deleted by he Orissa University
Laws (Amendment) Act, 1976 (Or. Act 27 of 1976), s. 2(D)(a)(ii). [32] Inserted by ibidi s. 2 (D) (a)
(iii). [33] Added by the Orissa University
Laws (Amendment) Act 1978 (Or. i Act 8 of 1978), s. 2. [34] Inserted by the Orissa University
Laws (Amendment) Act, 1976 (Or. Act 27 of 1976), s. 2 (D) (b). [35] Deleted by the Orissa University
Laws (Amendment) Act 1976 (Or. Act 27 of 1976) s. 2 (D) (c) which was inserted
by the Orissa University Laws (Amendment) Act, 1967. Or. Act 28 of 1967), s. 2
(iv) (b) [36] Inserted by the Orissa University
Laws (Amendment) Act, 1967 (Or. Act 28 of 1967), s. 2 (iv) (c). [37] Substituted by the Orissa
University Laws (Amendment) Act 1967 (Or. Act 28 of 1967), s. 2(v)(a) for
"Joint Director". [38] Substituted by the ibidi s. 4 (i)
(a). [39] Substituted by the Orissa
University Laws (Amendment) Act, 1976 (Or. Act 27 of 1976) s. 2 (E) (a) (i) [40] Substituted by the Orissa
University Laws (Amendment) Act, 1976 (Orissa Act 27 of 1976), s, 2 (E)(a)
(ii). [41] deleted by the Orissa University
Laws (Amendment) Act, 1967 Sub-Section (2) (Or. Act 28 of 1967), s. 4. (i) (b). [42] Inserted by the Orissa University
Laws (Amendment) Act, 1967 (Or. Act 28 of 1967), s. 2 (v) (b) (1). [43] Omitted by the Orissa University
Laws (Amendment) Act, 1976 (Or-Act 27 of 1976), s. 2(E)(b). [44] Substituted by the Orissa
University Laws (Amendment) Act, 1967 (Or. Act 28 of 1967), s. 2 (v) (b) (2). [45] inserted by the Orissa University
Laws (Fourth Amendment) Act, 1978 (Or. Act 12 of 1978), s. 2. (B). [46] Deleted by the Orissa University
Laws (Amendment) Act, 1967 (Orissa Act 28 of 1967), s. 4. (i) (c). [47] Inserted by ibid., s. 2 (v) (c). [48] Substituted by the Orissa
University Laws (Amendment) Act, 1976 (Or. Act 27 of 1976), s. 2 (F) (a). [49] Omitted by the Orissa University
Laws (Amendment) Act, 1967 (Or. Act 28 of 1967), s. 2 (vi) (a) (2). [50] Substituted by the Orissa
University Laws (Amendment) Act, 1976 (Or. Act 27 of 1976), s. 2 (F) (b). [51] Omitted by the Orissa University
Laws (Amendment) Act, 1967 (Or. Act 28 of 1967), s. 2 (vi) (a) (2). [52] Substituted by ibid., s. 4 (ii). [53] Deleted by ibid., s. 2 (vi) (b). [54] Inserted by ibid., s. 2 (vi) (c). [55] Added by the Orissa University Laws (Amendment) Act, 1967
(Or. Act 28 of 1967), s. 2 (vii). [56] Inserted by ibid s. 4 (iii). [57] Inserted
by the Orissa University Laws (Amendment) Act, 1976 (Or. Act 27 of 1976), s. 2
(G) [58] Substituted
by the Orissa University Laws (Amendment) Act, 1967 (Or. Act 28 of 1967); s. 2
(viii) (a) for "lectureship". [59] Deleted
by ibid., s. 2 (viii) (b). [60] Inserted
by the Orissa University Laws (Amendment) Act, 1976 (Or. Act 28 of 1967). s. 2
(viii) (b). [61] Substituted by the Orissa University Laws (Third
Amendment) Act, 1978 (Or. Act 2 of 1978) s. 2. [62] Substituted by the Orissa University Laws (Amendment)
Act, 1967 (Or. Act 28 of 1967), s. 2 (ix) (a) for "by the
Chancellor". [63] Added by the Orissa University Laws (Amendment) Act, 1976
(Or. Act 27 of 1976), s. 2 (h). [64] Inserted by the Orissa University Laws (Amendment) Act,
1967 Or. Act 28 of 1967), s. 2 (ix) (b). [65] Substituted by the Orissa University Laws ((Amendment
Act, 197(sic)) (Or. Act 27 of 1976), s. 2(I). [66] Inserted by the Orissa University Laws (Fourth Amendment)
9 Act, 1978 (Or. Act 12 of 1978) s. 2 (C). [67] Substituted by the Orissa University Laws (Amendment)
Act, 1976 (Or. Act 27 of 1976), s. 2 (J) (a). [68] Substituted by the Orissa University Laws (Amendment)
Act, 1975 (Or. Act 27 of 1976), s. 2 (J) (b). [69] Substituted by the Orissa University Laws (Amendment)
Act, 1967 (Or. Act 28 of 1967), s. 2 (x) for " by any other State
Government. " [70] Substituted by the Orissa University Laws (Fourth
Amendment) Act, 1978 (Or. Act 12 of 1978), s. 2 (D) (i). [71] Inserted by ibid., s. 2 (D) (ii). [72] Inserted by the Orissa University Laws (Amendment) Act,
1976 (Or, Act. 27 of 1976), s. 2(k).
Preamble - BERHAMPUR UNIVERSITY ACT, 1966PREAMBLE