[9
of 2023] [02nd
June 2023] An Act to provide for the
establishment and incorporation of the DURGA SOREN UNIVERSITY in the State of
Jharkhand, and to confer the status of a Private University thereon and for
matters connected therewith and incidental thereto; WHEREAS it is expedient to
provide for the establishment and incorporation of the DURGA SOREN UNIVERSITY
at DEOGHAR, Jharkhand promoted by Shivam Trust, Bompass Town, B. Deoghar-814114
created and registered under Indian Trust Act, 1886 Deed No. IV of 608, Dated
16th October, 2006 and to confer the status of a Private University thereon and
for the matters connected therewith and incidental thereto; It is hereby enacted in the
Seventy Four year of the Republic of India, by the Legislature of Jharkhand, as
follows: CHAPTER 1 PRELIMINARY (1)
This Act may be called "DURGA SOREN
UNIVERSITY Act, 2023". (2)
It shall extend to the whole of the State of
Jharkhand. (3)
It shall come into force on such date as the
State Government may, by notification in the Official Gazette, appoint. (a)
"Academic Council" means the
Academic Council of the University as specified in section 24 of the Act; (b)
"Annual Report" means the Annual
report of the University as referred to in section 39 of the Act; (c)
"Board of Management" means the
Board of Management of the University as constituted under section 23 of the
Act; (d)
"Campus" means the total area of
the university in which it is established; (e)
"Chancellor" means the Chancellor
of the University appointed under section 12 of the Act; (f)
"The Chief Finance and Accounts
Officer" means the Chief Finance and Accounts Officer" of the University
appointed under section 18 of the Act; (g)
"Controller of Examinations" means
the Controller of Examinations of the University appointed under section 19 of
the Act; (h)
"Constituent College" means a
college or an institution maintained by the University; (i)
"Employee" means employee appointed
by the University; and includes teachers and others staff of the University or
of a constituent college; (j)
"Endowment fund" means the
endowment fund of the University established under section 37 of the Act; (k)
"Faculty" means group of academic
departments of similar disciplines; (l)
"Fee" means collection made by the
university from the students for the purpose of any course of study and
incidental thereto, in the University; (m)
"General Fund" means the General
fund of the University established under section 38 of the Act; (n)
"Governing Body" means the
Governing Body of the University constituted under section 22 of the Act; (o)
"National Assessment and Accreditation
Council" means National Assessment and Accreditation Council, Bengaluru,
an autonomous institution of the University Grants Commission; (p)
"Prescribed" means prescribed by
the Statutes and the rules made under this Act; (q)
"Pro Vice-Chancellor" means the
Pro-Vice-Chancellor of the University appointed under section 15 of the Act; (r)
"Registrar" means the Registrar of
the University appointed under section 17 of the Act; (s)
"Regulatory Body" means a body
established by the Government of India for laying down norms and conditions for
ensuring academic standards of higher education, such as University Grants
Commission, All India Council for Technical Education, National Council for
Teacher Education, Medical Council of India, Bar Council of India, Pharmacy
Council of India, National Assessment and Accreditation Council, Indian Nursing
Council, Indian Council of Agriculture Research, Council of Scientific and
Industrial Research, etc. and includes the Government or any such body
constituted by the Government of India or the State Government; (t)
"Rules" means the rule of the
University made under this Act; (u)
"Schedule" means schedule appended
to this Act; (v)
"Sponsoring Body" in relation to
the university means: (i)
a society registered under Societies
Registration Act 1860, or (ii)
a public trust registered under Indian Trust
Act 1882, or (iii)
a society or trust registered under the law
of any other State; (w)
"State Government" means the State
Government of Jharkhand; (x)
"Statutes", "Ordinances",
and "Regulations" mean respectively, the Statutes, Ordinances and
Regulations of the University made under this Act; (y)
"Student of the university" means a
person enrolled in the university for taking a course of study for a degree,
diploma, or other academic distinction duly instituted by the university,
including a research degree; (z)
"Teacher" means a Professor,
Associate Professor, Assistant Professor or such of the other person as may be
appointed for imparting instruction or conducting research in the University or
in a Constituent College or Institution and includes the Principal of a
Constituent College or institution, in conformity with the norms prescribed by
the University Grants Commission; (aa)
"University Grants Commission" means the University Grants Commission
established under the University Grants commission Act, 1956; (ab)
"University" means The DURGA SOREN UNIVERSITY, Jharkhand established
under this Act. (ac)
"Vice-Chancellor" means the Vice-Chancellor of the University
appointed under section 13 of the Act; (ad)
"Visitor" means the Visitor of the University as referred to in
section 10 of the Act. (1)
There shall be established the University by
the name DURGA SOREN UNIVERSITY (2)
The headquarters of the University shall be
within the State of Jharkhand and shall be situated at Deoghar. (3)
The University shall start operation only
after the State Government issues the letter of authorization. (4)
The university shall meet the conditions
mentioned in the schedule A of the Act within the stipulated time. (5)
The Governing Body, the Board of Management,
the Academic Council, the Chancellor, the Vice-Chancellor, the Pro Vice
Chancellor, the Registrar, the Teachers, the Chief Finance and Accounts Officer
and such other officers or members or authorities so long as they continue to
hold such office or membership of the University hereby constitute a body
corporate by the name of the University. (6)
The University shall function as
non-affiliating University and they shall not affiliate any other college or
institute for the conferment of degree, diploma and for grant of certificate to
the students admitted therein. (7)
The constituent colleges and institutions of
the Sponsoring Body affiliated to and enjoying the privileges of any University
immediately before the commencement of this Act shall cease to be affiliated
from that University and shall be deemed to be withdrawn from such privileges
from the date of commencement of this Act and shall be deemed to be admitted to
the privileges of DURGA SOREN UNIVERSITY. University of the Sponsoring Body and
all such colleges and institutions shall be the constituent colleges and
institutions of DURGA SOREN UNIVERSITY. (8)
The University shall be a body corporate by
the name DURGA SOREN UNIVERSITY and will have perpetual succession and common
seal with power, subject to the provisions of this Act, to acquire and hold
property, to contract and shall, by the said name, sue or be sued. (9)
The University shall not receive any
grant-in-aid or other financial assistance from the State Government or the
Central Government. Provided that, the State
Government or the Central Government may provide financial support, including
through grants or otherwise:- (a)
for research, development and other
activities for which other State Government organizations are provided
financial assistance, or (b)
for any specific research or programme based
activity. (1)
On the establishment of the University the
land and other movable and immovable properties acquired, created, arranged, or
built by the University for the purpose of the University in the State of
Jharkhand shall vest in the University. (2)
The land, building and other properties
acquired for the University shall not be used for any purpose other than that
for which the same is acquired. (3)
The properties, movable or immovable, of the
university shall be administered by the Governing Body in such manner as may be
provided for by the regulations. (4)
The properties in the name of the university
under sub-section (1) shall be applied for meeting the liabilities of the university
in the event of dissolution or winding up of the university in such manner as
may be prescribed in the rules. (1)
The tuition fees for professional courses
such as Engineering & Technology, Medicine, Management, etc., in the
university shall be determined by the University under the supervision of the
regulatory body notified by the State Government from time to time. (2)
Admission in the University shall be strictly
on the basis of merit. Merit for admission in the University may be determined
either on the basis of marks or grade obtained in the qualifying examination
and achievements in co-curricular and extracurricular activities or on the
basis of marks or grade obtained in the entrance test conducted at State level
either by the University or an association of the Universities conducting
similar courses or by any agency of the State Government. Provided that the admission
in professional educational colleges or institutions of the University shall be
governed under the provisions of the Regulatory Bodies. (3)
The university shall allow merit scholarship
to at least five percent of the total strength, to the students belonging to
poor and economically backward classes. The relevant criteria for determining
the poor and economically backward classes shall be such as may be determined
by the State Government from time to time. (4)
The provision of Resolution No-1198,
dated-05.08.2019, issued by the Department of Higher and Technical Education,
will be applicable in the enrollment of students in the University. (5)
The university shall make provisions for
reservation of non-teaching posts in the university for the persons domiciled
in the State of Jharkhand to the extent of at least fifty percent of the total
number of non-teaching posts of the university. The reservation of seats shall
be regulated by the laws and orders of the State Government from time to time. (6)
The university shall appoint adequate number
of teachers and officers in the University for maintaining the academic
standards specified and shall ensure that the qualifications of such teachers
or officers of the university shall not be lower than prescribed by the
relevant Regulatory Bodies. (7)
The university shall compulsorily place in the
public domain every information in relation to the University which would be of
interest to the students and other stakeholders inter alia, including the
courses offered , number of seats under different categories, fees and other
charges, facilities and amenities offered, faculty in place and such other
relevant information. (8)
The Convocations of the University may, for
conferring degrees, diplomas or for any other purpose, be held in every
academic year in the manner as may be prescribed by the Statutes. (9)
The University shall obtain accreditation
from the National Council of Assessment and Accreditation (NAAC) within five
years of its establishment and such other regulating bodies of Government of
India which are connected with the courses taken up by the University and
inform the State Government about the grade provided to the University. The
University shall get renewed such accreditation from time to time. (10)
Notwithstanding anything contained in this
Act, the University shall be bound to comply the conditions mentioned in
Schedule A of this Act, and all the rules, regulations, norms, etc. of the
regulating bodies of Government of India and State Government and provide all
such facilities and assistance to such bodies as are required by them to discharge
their duties and carry out their functions. (a)
Innovations in education leading to
restructuring of courses, new methods of teaching, training, and learning
including online learning, blended learning, continuing education and such
other modes and integrated and wholesome development of personality; (b)
Studies in various disciplines; (c)
Inter disciplinary studies; (d)
National integration, secularism and social
equity and International understanding and ethics. (1)
To administer and manage the University,
establish, administer and manage its constituent colleges and centres for
research, education, training, extension and outreach including continuing
education, distance learning and e-learning at its campus within the State of
Jharkhand; (2)
To provide for research, higher education,
professional education, teaching training, extension and outreach including
continuing education, distance learning and e-learning in the fields of
science, technology, humanities, social sciences, education, management,
commerce, law, pharmacy, healthcare and any other fields; (3)
To conduct innovative experiments in
educational technologies, teaching and learning methods, to collaborate with
national and international institutions and to offer joint programmes with such
institutes to constantly improve the delivery of education and to achieve
international standards of education; (4)
To prescribe courses, curricula and methodologies
including electronic and distance learning and provide for flexibility in the
delivery of education. (5)
To hold examination and confer degree,
diploma or grant certificate and other academic distinctions or title on
persons subject to such condition as the University may determine and to
withdraw or cancel any such degree, diploma or certificates and other academic
distinction or titles in the manner prescribed by the Regulations; (6)
to institute and award fellowships,
scholarships, medals and prizes; (7)
to confer honorary degrees or other
distinction on the manner prescribed by the Statutes; (8)
to establish schools, centres, institutes,
college and conduct the programme and courses of study as are in the opinion of
the University, necessary for the furtherance of its objects; (9)
To declare as a constituent college any
college, centre, institution imparting education as are in the opinion on the
University necessary for the furtherance of its objects or to establish a new
constituent college, centre, institution for the purpose; (10)
To provide for printing, publication and
reproduction of research, educational material and other works and to organize
exhibitions, conferences, workshops and seminars; (11)
To establish knowledge resource centre; (12)
To sponsor and undertake research and
educational programmes in the fields of science, technology, humanities, social
sciences, education, management, commerce, law, pharmacy, healthcare and any
other allied areas; (13)
To collaborate or associate with any
educational institution with like or similar objects; (14)
To establish campuses including virtual
campus for the purpose of achieving the objectives of the University; (15)
To undertake research and to obtain
registration in respect of such research in the nature of patents, design
rights and such or similar rights with the competent authorities; (16)
To maintain linkages and collaborate with
educational or other institutions in any part of the world having objects
wholly or partially similar to those of the University, through exchange of
students, researchers, faculty and staff and generally in such manner as may be
conducive to their common objects; (17)
To render services of research, training,
consultancy and such other services as required for the purposes of the
University; (18)
To develop and maintain relationships with
faculty, researchers, administrators and domain experts in science, technology,
humanities, social sciences, education, management, law, commerce, pharmacy,
healthcare and allied area for achieving the objects of the University; (19)
to make special arrangement in respect to
women and other disadvantaged students as the University may consider
desirable; (20)
To regulate the expenditure and to manage the
finances and to maintain the accounts of the University; (21)
To receive funds, movable and immovable
properties, equipments, software and other resources from business, industry,
other sections of society, national and international organization or any other
source by transfers or as gifts, donations, benefactions or bequests for the purposes
and objects of the University; (22)
To establish, maintain and manage halls,
hostels for students and quarters for the residence of faculty and staff; (23)
To construct, manage and maintain centres,
complexes, auditorium, buildings, stadium for the advancement of sports,
cultural, co-curricular and extra-curricular activities; (24)
To supervise and control the residence and
regulate the discipline of students, faculty and staff of the University and to
make arrangements for promoting their health, general welfare, social and
cultural activities; (25)
To fix, demand and receive or recover fees
and such other charges as may be prescribed by the Statutes; (26)
To institute and award fellowships,
scholarships, prizes, medals and other awards; (27)
To purchase or to take on lease or accept as
gifts, bequests, legacies or otherwise any land or building or works which may
be necessary or convenient for the purpose of the University and on such terms
and conditions as it may think fit and proper and to construct or alter and
maintain any such building or works; (28)
To sell, exchange, lease or otherwise dispose
of all or any portion of the properties of the University, movable or
immovable, on such terms as it may think fit and consistent with the interest,
activities and objects of the University; (29)
To draw and accept, to make and endorse, to
discount and negotiate promissory notes, bills of exchange, cheques and other
negotiable instruments; (30)
To raise and borrow money on bond, mortgages,
promissory notes or other obligations or securities founded or based upon all
or any of the properties and assets of the University or without any securities
and upon such terms and conditions as it may think fit and to pay all expenses
out of the funds of the University, (1)
The University shall not admit any college or
institution to the privilege of affiliation. (2)
The University may open any off campus,
offshore campus, and study centre, examination centre in or out of the State of
Jharkhand only after the prior approval of University Grants Commission or such
regulatory body established by the Government or State or Central Government,
as the case may be. (3)
Courses under Distance mode can be started
only after the prior approval of University Grants Commission or such regulatory
body established by the Government. (1)
The Governor of Jharkhand will be the Visitor
of the University (2)
The Visitor shall, when present, preside at
the convocation of the University for Conferring Degrees, Diplomas, Charters, Designation
and Certificates. (3)
The Visitor shall have the right to visit the
University or any institution maintained by the University to ensure the
standard of education, discipline, decorum and proper functioning of the
University. CHAPTER 2 OFFICERS OF THE UNIVERSITY (a)
The Chancellor (b)
The Vice-Chancellor (c)
The Pro Vice-Chancellor (d)
Director/Principal (e)
The Registrar (f)
The Chief Finance and Accounts Officer (g)
The Controller of Examinations (h)
The Dean of Students Welfare (i)
The Dean of Faculty (j)
The Proctor, and (k)
Such other officers as may be declared by the
Statute to the officers of the University. (1)
The Chancellor shall be appointed by the
Sponsoring Body for a period of five years with the approval of the Visitor by
following such procedures and on such terms and conditions as may be
prescribed. On the expiry of the term, the Chancellor may be reappointed by the
Sponsoring Body in consultation with the Visitor. (2)
The Chancellor by virtue of his office shall
be the head of the University. (3)
The Chancellor shall preside over the
meetings of the Governing Body and shall, when the Visitor is not present, preside
over the convocation of the University for conferring degrees, diplomas, or
other academic distinctions. (4)
The Chancellor may in writing under his hand
addressed to the head of the sponsoring body resign his office. (5)
The Chancellor shall have the following
powers, namely: (a)
to call for any information or record; (b)
to appoint the Vice-Chancellor; (c)
to remove the Vice-Chancellor in accordance
with the provisions of this Act; and (d)
such other powers as may be conferred on him
by this Act or Statutes made there under. (1)
The Vice-Chancellor shall be appointed by the
Chancellor as per the qualifications prescribed by the University Grants
Commission and shall hold office for a period of five years. Provided further that after the
expiry of the term of five years, the Vice Chancellor shall be eligible for
re-appointment for another term of five years. Provided further that a
person appointed as Vice Chancellor shall retire from office during tenure of
his office or extension thereof, if any when he completes the age of 70 years. (2)
The Vice-Chancellor shall be the principal
executive and academic officer of the University and shall exercise general
superintendence and control over the affairs of the university and shall
execute the decisions of various authorities of the university. (3)
In the absence of both the Visitor and the
Chancellor, the Vice-Chancellor shall preside over the convocation of the
university. (4)
The Vice-Chancellor may, if he/she 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
convey to such authority the action taken by him on such matters; Provided that if the
authority of the University or any person in the service of the University who
is aggrieved by the action taken by the Vice-Chancellor under this sub-section
may prefer an appeal to the Chancellor within one month from the date of
communication of such decision. The Chancellor may confirm, modify or reverse
action taken by the Vice-Chancellor. (5)
The Vice-Chancellor shall exercise such
powers and perform such other functions as may be prescribed. (1)
If at any time and after such inquiry as may
be considered necessary, it appears to the Chancellor that the Vice-Chancellor: (a)
has failed to discharge any duty imposed upon
him by or under this Act, the Statutes, the Ordinances, or (b)
has acted in a manner prejudicial to the
interests of the university, or (c)
is incapable of managing the affairs of the
university, then the Chancellor may, notwithstanding the fact that the term of
office of the Vice Chancellor has not expired, require the Vice Chancellor, by
an order in writing stating the reason there for, to resign his post from the
date as may be specified in the order. (2)
No orders under sub-section (1) shall be
passed unless a notice stating the specific grounds on which such action is
proposed , has been served and a reasonable opportunity to show cause against
the proposed order has been given to the Vice Chancellor. (1)
The Pro Vice-Chancellor shall be appointed by
the Chancellor in such manner and shall exercise such powers and perform such
functions as may be prescribed. (2)
The Pro Vice-Chancellor appointed under sub
section (1) shall discharge his duties in addition to his duties as a
Professor. (3)
The Pro Vice-Chancellor shall assist the
Vice-Chancellor in discharging his duties as and when required by the Vice -Chancellor. (4)
The Pro Vice-Chancellor shall get honorarium
of such amount as may be determined by the sponsoring body. (1)
The Registrar shall be appointed by the
Chairperson of the Sponsoring Body in such manner, as may be specified in the
Statutes. The Registrar shall possess the qualifications prescribed by the
University Grants Commission. (2)
The Registrar shall have the power to enter
into agreements, sign documents and authenticate records on behalf of the
University and shall exercise such other power and perform such other functions
as may be prescribed. (3)
The Registrar shall be the ex officio Member
Secretary of the Executive Council and the Academic Council but shall not have
a right to vote. (1)
The appointment of the Chief Finance and
Accounts Officer shall be made by the Chairperson of the Sponsoring Body in
such manner as may be specified by the Statutes. (2)
The Chief Finance and Accounts Officer shall
exercise such powers and perform such duties as may be specified by the
Statutes. (1)
The Controller of Examinations shall be whole
time officer of the university and shall be appointed by the Chancellor in
accordance with the Statutes. (2)
it shall be the duty of the Controller of
Examinations: (a)
to conduct examinations in a disciplined and
efficient manner; (b)
to arrange for the setting of question papers
with strict regards to secrecy; (c)
to arrange for the evaluation of answer
sheets in accordance with the planned time schedule for results; (d)
to constantly review the system of
examinations in order to enhance the level of impartiality and objectivity with
a view to make it better instrument for assessing the attainments of students; (e)
to deal with any other matter connected with
examinations which may, from time to time be assigned to him by the Vice
Chancellor. CHAPTER 3 AUTHORITIES OF THE UNIVERSITY (a)
The Governing Body (b)
The Board of Management (c)
The Academic Council (d)
The Finance Committee (e)
The Planning Board (f)
Such other authorities as may be declared by
the Statutes to be the authorities of the University. (1)
The Governing Body shall have the following
members, namely: (a)
the Chancellor; (b)
the Vice-Chancellor; (c)
the Secretary to the Government, Department
of Higher and Technical Education, Jharkhand, or his nominee; (d)
five persons nominated by the sponsoring
body, out of which two shall be eminent educationists; (e)
one expert of management or technology from
outside the university, nominated by the Chancellor; and (f)
one expert of finance, nominated by the
Chancellor. (2)
The Governing Body shall be the supreme
authority and principal governing body of the University. It shall have the
following powers, namely: (a)
to provide general superintendence and
directions and to control the functioning of the university by using all such
powers as are provided by this Act, Statutes, Ordinances, Regulations or Rules; (b)
to review the decisions of other authorities
of the university in case they are not in conformity with the provisions of
Act, Statutes, Ordinances, Regulations or Rules; (c)
to approve the budget and annual report of
the university; (d)
to lay down the extensive policies to be
followed by the university; (e)
to recommend to the sponsoring body for the
dissolution of the university if a situation arises when there is no smooth
functioning of the university in spite of best efforts; and (f)
such other powers as may be specified by the
Statutes. (3)
The Governing Body shall meet at least three
times in a calendar year. (4)
The quorum of the meeting shall be four; Provided that the Secretary
to the Government, Department of Higher and Technical Education, Jharkhand, or
in his absence, Director, Higher Education shall be present in each meeting in
which decisions on issues involving Government policies/ instructions are to be
taken. (1)
The Board of Management shall consist of the
following members, namely: (a)
the Vice-Chancellor; (b)
the Secretary to the Government, Department
of Higher and Technical Education, Jharkhand or his nominee; (c)
two members of the Governing Body, nominated
by the sponsoring body; (d)
three persons, who are not the members of the
Governing Body, nominated by the sponsoring body; (e)
three persons, from amongst the teachers,
nominated by the sponsoring body; (f)
two teachers, nominated by the
Vice-Chancellor. (2)
The Vice Chancellor shall be the Chairperson
of the Board of Management. (3)
The powers and functions of the Board of
Management shall be such as may be specified by the Statutes. (4)
The quorum for the meeting of the Board of
Management shall be five; Provided that the Secretary
to the Government, Department of Higher and Technical Education, Jharkhand, or
in his absence, Director, Higher Education shall be present in each meeting in
which decisions on issues involving Government policies/ instructions are to be
taken. (1)
The Academic Council shall consist of the
Vice Chancellor and such members as may be specified by the Statutes. (2)
The Vice-Chancellor shall be the Chairperson
of the Academic Council. (3)
The Academic Council shall be the principal
academic body of the university and shall, subject to the provisions of this
Act, Statutes, Ordinances, Regulations or Rules, coordinate and exercise
general supervision over the academic policies of the university. (4)
The quorum for meetings of the Academic
Council shall be such as may be specified by the Statutes. (1)
The Finance Committee shall be the principal
financial body of the University to take care of the financial matters. (2)
The constitution, powers and functions of the
Finance Committee shall be such as may be prescribed (1)
The Planning Board shall be the principal
planning body of the University and shall ensure that the infrastructure and
academic support system meets the norms of the University Grants Commission or
the respective Councils. (2)
The constitution of the planning board, term
of office of its members and its power and functions shall be such as may be
prescribed. (a)
is of unsound mind and stands so declared by
a competent court; (b)
is an undischarged insolvent; (c)
has been convicted of any offence involving
moral turpitude; (d)
has been punished for indulging or in
promoting unfair practice in the conduct of any examination , in any form,
anywhere. CHAPTER 4 STATUTES, ORDINANCE AND REGULATIONS (1)
Subject to the provisions of this Act, and
the rules made thereunder, the First Statutes may provide for all or any of the
following matters, namely: (a)
the constitution, powers and functions of the
authorities and other bodies of the University as maybe constituted from time
to time; (b)
the terms and conditions of appointment of
the Chancellor, the Vice Chancellor and their powers and functions; (c)
the manner and terms and conditions of
appointment of the Registrar and Chief Finance and Accounts Officer, their
powers and functions; (d)
the manner and terms and conditions of
appointment of other officers and teachers and their powers and functions; (e)
the terms and conditions of service of
employees of the University; (f)
the procedure for arbitration in cases of
disputes between employees or students and the University; (g)
the conferment of honorary degrees; (h)
the provisions regarding exemption from
payment of tuition fee and awarding scholarships and fellowships to the
students; (i)
framing of policy for admission, including
regulation of reservation of seats; and (j)
fees to be charged from students. (2)
The First Statutes of the University shall be
made by the Governing Body and shall be submitted to the State Government for
its approval. (3)
The State Government shall consider the First
Statutes, submitted by the University and shall approve it within sixty days
from the date of its receipt, with or without modifications as it may deem
necessary. (4)
The University shall communicate its
agreement to the First Statutes as approved by the State Government, and if it
desires not to give effect to any or all the modifications made by the State
Government under sub-section (3), it may give reasons therefore and after
considering such reason, the State Government may or may not accept the
suggestions made by the University. (5)
The State Government shall publish the First
Statutes, as finally approved by it, in the Official Gazette, and thereafter it
shall come into force from the date of such publication. (1)
Subject to the provisions of this Act and the
rules made thereafter, the subsequent Statutes of the University may provide
for all or any of the following matters, namely :- (a)
Creation of new authorities of the
University; (b)
Accounting policy and financial procedure; (c)
Representation of teachers in the authorities
of the University; (d)
Creation of new departments and abolition or
restructuring of existing departments; (e)
Institution of medals and prizes; (f)
Procedure for creation and abolition of
posts; (g)
Revision of fees; (h)
Alteration of the number of seats in
different disciplines; and (i)
All other matters which by or under the
provision of this Act required to be prescribed by the Statutes. (2)
The Statutes of the University other than the
First Statutes shall be made by the Board of Management with the approval of
the Governing Body. (3)
The Statutes made under sub-section (2) shall
be submitted to the State Government and it may approve or, if considers
necessary, give suggestions for modification as far as possible within two
months from the date of receipt of the Statutes. (4)
The Governing Body shall consider the
modifications suggested by the State Government and return the Statutes to it
with its agreement to such changes or with its comments on the suggestions made
by the State Government. (5)
The State Government shall consider the
comments of the Government Body and may approve the Statutes with or without
modifications and it shall be published by it in the Official Gazette, and
shall come into force from the date of such publication. (1)
Subject to the provisions of this Act, the
rules and the Statutes made thereunder, the First Ordinances may provide for
all or any of the following matter, namely :- (a)
The admission of students to the University
and their enrolment as such; (b)
The courses of study to be laid down for
degrees, diplomas and certificates of the University; (c)
The award of degrees, diplomas, certificates
and other academic distinctions, the minimum qualifications for the same; (d)
The conditions for award of fellowships,
scholarships, stipends, medals and prizes; (e)
The conduct of examinations, including the
terms of office and manner of appointment and the duties of examining bodies
examiners and moderators; (f)
Fees to be charged for the various courses
examinations, degrees or diplomas of the University; (g)
The conditions of residence of the students
of the University; (h)
Provision regarding disciplinary action
against the students; (i)
The creation, composition and functions of
any other body which is considered necessary for improving the academic life of
the University; (j)
The manner of co-operation and collaboration
with other Universities and institutions of higher education; (k)
Such other matters which are required to be
provided by the Ordinances by or under this Act. (2)
The First Ordinances of University shall be
made by the Chancellor which after being approved by the Board of Management,
shall be submitted to the State Government for its approval. (3)
The State Government shall consider the First
Ordinance submitted by the Chancellor under sub-section (2) within sixty days
from the date of its receipt and may approve it or give suggestions for
modifications therein. (4)
The Chancellor shall either modify the Ordinances
incorporating the suggestion of the State Government or give reasons for not
incorporating any of the suggestions made by the State Government and shall
return the First Ordinances along with such reasons, if any, to the State
Government and on receipt of the same, it shall consider the comments of the
Chancellor and may approve the First Ordinances of the University with or
without such modifications and it shall be published by the State Government in
the Official Gazette, and it shall come into force from the date of such
publication. (1)
All Ordinances other than the First
Ordinances shall be made by the Academic Council which after being approved by
the Governing Body shall be submitted to the State Government for its approval. (2)
The State Government shall consider the
Ordinances submitted by the Academic Council under sub-section (1) as far as
possible within two months from the date of its receipt and may approve it or
give suggestions for modifications therein. (3)
The Academic Council shall either modify the
Ordinances incorporation the suggestion of the State Government or give reasons
for not incorporating any of the suggestions made by the State Government and
shall return the Ordinances along with reason, if any, to the State Government
and on receipt of the same, it shall consider the comments of the Academic
Council and may approve the Ordinances with or without modifications and it
shall be published by it in the Official Gazette, and shall come into force from
the date of such publication. (1)
The State Government may, for the purpose of
ascertaining the standards of teaching, examination and research or any other
matter relating to the University, cause an assessment to be made in such
manner as may be prescribed, by such person or persons as it may deem fit. (2)
The State Government shall communicate its
recommendations to the University on the basis of such assessment for
corrective action. The University may adopt such corrective measures and make
efforts so as to ensure the compliance of the recommendations. (3)
The State Government may give such directions
as it may deem fit if the University fails to comply with the recommendation
made under sub-section(2) within a reasonable time. The directions given by the
State Government shall be immediately complied by the University. CHAPTER 5 FUNDS AND ACCOUNTS (1)
The sponsoring body shall establish an
Endowment Fund for the university with an amount specified in the Letter of
Intent. (2)
The Endowment Fund shall be used as security
deposit to ensure that the university complies with the provisions of this Act
and functions as per the provisions of this Act, the Statutes and the
Ordinances. The State Government shall have the power to forfeit , a part or
whole of the Endowment Fund in case the university or the sponsoring body
contravenes the provisions of this Act, Statutes, the Ordinances, the
regulations or the rules made there under. (3)
The university may utilize the income from
the Endowment Fund for the development of infrastructure of the university and
not to meet the recurring expenditure of the university. (4)
The amount of Endowment Fund shall be
invested in such instruments as the Government may prescribe and kept invested
until the dissolution of the university. (5)
In case of investment in long term security,
the certificates of the securities shall be kept in the safe custody of the
Government and in case of deposit in the interest bearing Personal Deposit
account in the Government Treasury, deposit shall be made with the condition
that the amount shall not be withdrawn without the permission of the
Government. (1)
The university shall establish a fund, which
shall be called the General Fund to which the following shall be credited,
namely: (a)
Fees and other charges received by the
university; (b)
Any contribution made by the sponsoring body; (c)
Any income received from consultancy and
other work undertaken by the university in pursuance of its objective; (d)
Trusts, bequests, donations, endowments and
any other grants; and (e)
All other sums received by the university. (2)
The General Fund shall be utilized for the
following objects, namely: (a)
For the repayment of debts including interest
charges thereto incurred by the university for the purposes of this Act and the
Statutes, the Ordinances, the Regulations, and the Rules made there under with
the prior approval of the Governing Body; (b)
To upkeep the assets of the university; (c)
For the payment of the fee for audit of the
funds created under sections 37 and 38; (d)
To meet with the expenses of any suit or
proceedings by or against the university; (e)
For the payment of salaries, allowances,
provident fund contributions, gratuity and other benefits to officers,
employees, and members of the teaching and research staff; (f)
For the payment of travelling and other
allowances of the members of the Governing Body, the Executive Council, the
Academic Council, other authorities and the members of any committee appointed
by any of the authority or the Chairperson of the sponsoring body or the
Chancellor; (g)
For the payment of fellowships, freeships,
scholarships, assistantships and other awards to the students belonging to
economically weaker sections of the society or research associates, trainees
or, as the case may be, in any student otherwise eligible for such awards under
the Statutes, the Ordinances, the Regulations or the Rules; (h)
For the payment of any expenses incurred by
the university in carrying out the provisions of Act, Statutes, the Ordinances,
the regulations or the Rules; (i)
for the payment of cost of capital, not
exceeding the prime lending rate from time to time of the State Bank of India,
incurred by the sponsoring body for setting up the university and the
investments made therefore; (j)
for the payment of charges and expenditure
relating to the consultancy work undertaken by the university in pursuance of
this Act, Statutes, the Ordinances, the regulations or the rules; (k)
for the payment of any other expenses
including service fee payable to any organization charged with the responsibility
of providing any specific service, including the managerial services to the
university, on behalf of the sponsoring body, as approved by the Governing Body
to be an expense for the purposes of the university; Provided that no expenditure
shall be incurred by the university in excess of the limits for total recurring
expenditure and total non-recurring expenditure for the year, as may be fixed
by the Governing Body, without prior approval of the Governing Body. (1)
The annual accounts including balance sheet
of the University shall be prepared by the University and the annual accounts
shall be audited at least once in every year by the auditors appointed by the
University for this purpose and the balance sheet shall be checked/verified by
the auditor appointment by the State Government. (2)
A copy of the annual accounts together with
the audit report shall be submitted to the State Government. CHAPTER 6 DISSOLUTION & WINDING UP OF
UNIVERSITY (1)
If the sponsoring body proposes to dissolve
itself according to the provisions of law governing its constitution or
incorporation; it shall give at least six months prior notice to the State
Government. (2)
The State Government shall, on receipt of
such notice make such arrangements as may be necessary, for the administration
of the University from the date of dissolution of the sponsoring body till the
completion of syllabus by the last batch of students admitted to the University
and may also cause the functioning of the University to continue by appointing
an administrator in place of the sponsoring body, who shall be entrusted with
the powers, duties and functions of the Sponsoring body, duties and functions
of the Sponsoring Body as prescribed under this Act. (1)
The Sponsoring Body who intends to dissolve
the University shall give a notice to that effect in the prescribed manner to
the State Government. The State Government, after due consideration, may
dissolve the University in the manner as may be prescribed; Provided that the
dissolution of the University shall have effect only after the last batches of
students of the regular courses have completed their courses and they have been
awarded degrees, diplomas or, as the case may be, awards. (2)
On the dissolution of the University all the
assets and liabilities of the University shall vest in the Sponsoring Body in
the manner as may be prescribed. (3)
Where the State Government decides under sub-section
(1) to dissolve the University, it may vest the powers of the Governing Body in
the prescribed manner to other societies having similar objects till the
dissolution of the University takes effect under the proviso to sub- section
(1). (1)
Where the State Government is of the opinion
that the University has contravened any of the provisions of this Act, the
Rules, the Statutes or the Ordinances made thereunder or has violated any of
the direction issued by it under this Act or a situation of financial
mismanagement or maladministration has arisen in the University, it shall issue
the notice requiring the University to show cause within forty-five days as to
why an administrator be not appointed. (2)
On receipt of reply of the University on the
notice issued under sub section (1), if the State Government is satisfied that
there is a prima facie case of contravention of any of the provision of this
Act, the Rules, the Statutes or the Ordinances made thereunder or violation of
directions issued by it under this Act or there is financial mismanagement or
maladministration, it shall make an order of such inquiry as it may consider
necessary. (3)
The State Government shall, for the purposes
of any such inquiry under sub-section (2), appoint an inquiry officer or
officers to inquire into any of the allegations and to make report thereon. (4)
The inquiry officer or officers appointed
under sub-section (3) shall have the same powers as are vested in a Civil Court
under the Code of Civil Procedure, 1908 while trying a suit in respect of the
following matters, namely :- (a)
Summoning and enforcing the attendance of any
person and examining him on oath; (b)
Requiring the discovery and production of any
such document or any other material as may be predicable in evidence; (c)
Requisitioning any public record from any
court or office. (5)
On receipt of the inquiry report from the
officer or officers appointed under subsection(3), if the State Government is
satisfied that the University has contravened all or any of the provisions of
this Act, the Rules, the Statutes or the Ordinances made thereunder or has
violated any of the directions issued by it under this Act or a situation of
financial mismanagement and maladministration has arisen in the University
which threatens the academic standard of the University, it may appoint an
administrator. (6)
The administrator appointed under sub-section
(5) shall exercise all the powers and perform all the duties of the Governing
Body and the Board of Management under this Act and shall administer the
affairs of the University until the last batch of the students of the regular
courses have completed their courses and they have been awarded with degrees,
diplomas or, as the case may be, awards. (7)
After having been awarded the degrees,
diplomas or, as the case may be, to the last batches of the students of the
regular courses, the administrator shall make a report to that effect to the
State Government. (8)
On receipt of the report under sub-section
(7), the State Government shall dissolve the University and on dissolution of
the University, all the assets and liabilities of the University shall vest in
the sponsoring body. CHAPTER 7 MISCELLANEOUS (1)
The State Government may, by notification in
the Official Gazette, make rules for carrying out the purposes of this Act. (2)
All rules made under this section shall be
laid for not less than thirty days before the State Legislature as soon as may
be after they are made and shall be subject to rescission by the State
Legislature or to such modification as the State Legislature or to such
modification as the State Legislature may make during the session in which they
are so laid or the session immediately following. (1)
If any difficulty arises in giving effect to
the provisions of this Act, the State Government may, by order published in the
Official Gazette, make provisions not inconsistent with the provisions of the
provisions of this Act, as appear to it to be necessary or expedient for
removing the difficulty. Provided that no
notification order under sub section (1) shall be made after the expiration of
a period of three years from the commencement of this Act. (2)
Every order made under this section shall, as
soon as may be after it is made, be laid before the State Legislature. SCHEDULE
– A (1)
Acquire not less than 10 acres of land for
its main Campus, if single-domain, and 25 acres of land, if multi-domain within
two years after starting the functioning of the university. An integrated
campus may have certain facilities in common such as auditorium, cafeteria,
hostels, etc. and hence the land requirement may vary accordingly. (2)
Construct administrative building of at least
One thousand sq. mtrs. (1000 sq. mtrs.), academic building including library,
lecture theatres, laboratories of at least Ten thousand sq. mtrs. (10000 sq.
mtrs.), adequate residential accommodations for teachers, guest houses, hostels
which shall gradually be increased to accommodate at least 25% of the total
student strength in each course within 3 years of its coming into existence. In
case the University is conducting professional programmes of study, prevailing
norms and standards of respective statutory body shall be applicable. Existing
institutes must undertake expansion/renovation/restructuring to meet the
prescribed norms of the State Government.Durga
Soren University Act, 2023
In this Act, unless the context otherwise requires:-
The objects of the University shall be to disseminate and advance knowledge and
skill by providing instructional, research and extension of facilities and in
such branches of learning as it may deem fit and the University shall endeavour
to provide to students and teachers the necessary atmosphere and facilities for
the promotion of:
No person shall be discriminated against or be excluded from any office of the
university or from membership of any of its authorities or from admission to
any course of study leading to a degree, diploma or other academic distinction
on the grounds of sex, race, creed, class, caste, place of birth and religious
belief or political or other opinion.
The following shall be the officers of the University:
Section - 14. Removal of the Vice – Chancellor
The Director(s)/Principal(s) shall be appointed in such manner and shall
exercise such powers and perform such functions as may be prescribed.
Manner of appointment and power and duties of the other officers of the
University including the Dean of Students Welfare, Dean of faculty, and Chief
Proctor shall be such as may be prescribed.
The following shall be the authorities of the University:
The constitution, powers and functions of other authorities of the University,
shall be such as may be prescribed.
A person shall be disqualified from being a member of any of the authorities or
bodies of the university, if he/she:
No act or proceedings of any authority of the University shall be invalid
merely by reason of any vacancy in or defect in the constitution of any
authority or body of the University.
The authorities of the University may constitute such committee with such terms
of reference as may be necessary for specific tasks to be performed shall be
such as may be prescribed by the Statutes.
The authorities of the University may, subject to the prior approval of the
Governing Body make Regulation, consistent with this Act, the Statutes and the
Ordinances made thereunder, for the conduct of business of the each such
authority and committee constituted by each such authority.
The Annual Report of the University shall be prepared by the University which
shall include among other matters, the steps taken by the University towards
the fulfillment of its objects and shall be submitted to the State Government.
Notwithstanding anything contained in this Act or the Regulations, any student
of the constituent colleges or institutions of the University specified in the
Schedule and affiliated to any University who immediately before the
commencement of this Act was studying or was eligible for any examination of
that University shall be permitted to complete his course in preparation
therefore, and the University shall provide for the instruction, teaching,
training and examination of such students, in accordance with the courses of
studies of the respective University in such manner and for such period as may
be prescribed.