JODHPUR
UNIVERSITY (CHANGE OF NAME AND AMENDMENT) ACT, 1984 THE JODHPUR UNIVERSITY (CHANGE OF NAME AND AMENDMENT) ACT, 1984 [Act No. 01 of 1992] [12th February, 1992] An Act to change the name of the
University of Jodhpur and to amend further the Jodhpur University Act, 1962. Be it enacted by the
Rajasthan State Legislature in the Thirty-fifth Year of the Republic of India,
as follows:-- (1)
This Act may be cited as the Jodhpur University (Change of name
and Amendment) Act, 1984. (2)
It shall come into force at once. (1)
The name of the University of Jodhpur constituted and incorporated
by the Jodhpur University Act, 1962 (Rajasthan Act 17 of 1962), hereinafter
referred to as the principal Act, shall, as from the commencement of this Act,
be the Jai Narain Vyas University, Jodhpur. (2)
Any reference to the University of Jodhpur in any law for the time
being in force or in any indenture, instrument or other documents shall be read
and construed as a reference to that University under its name as altered by
this Act. (3)
Nothing in this Act shall affect the continuity of the corporate
status of the said University. The principal Act shall be
cited as the Jai Narain Vyas University Act, 1962. In sub-section (1) of
section 1 of the principal Act, for the word "Jodhpur", the words
"Jai Narain Vyas" shall be substituted. In section 2 of the
principal Act,-- (a) for clause
(a), the following clause shall be substituted, namely:-- "(a)
"College" means a constituent or an affiliated college of the
University enumerated in or under sub-section (1) of section 5 and shall
include a college admitted to the privileges of the University in accordance
with or under this Act;"; (b) after
clause (a), the following clauses shall be inserted, namely:-- "(aa)
"Director" means the Head of a constituent college and includes,
where there is no Director, the person for the time being appointed to act as
Director; (aaa) "Faculty"
means a Faculty of the University;"; (c)
in clause (c), between the word "University", and the
punctuation mark and the word ",provided", the words "or
college" shall be inserted; (d)
in clause (d), between the words "head of a college",
and "and includes", the words "other than a constituent
college" shall be inserted; and (e)
?in clause (g), for the
words "University of", the expression ' "Jai Narain Vyas
University," shall be substituted. For sub-section (1) of
section 3 of the principal Act, the following sub-section shall be substituted,
namely:-- "(1) The Chancellor
and the existing Vice-Chancellor of the University of Jodhpur and the existing
members of the Senate, Syndicate and Academic Council of the University and all
persons who may hereafter become such officers or members of the aforesaid
bodies of the University shall, so long as they continue to be such officers or
members, constitute a body corporate by the name of Jai Narain Vyas University,
Jodhpur.". In section 4 of the
principal Act,-- (a)
in clause (7), after the words "the University", the
words "and its constituent colleges" shall be inserted; (b)
for clause (9) the following clause shall be substituted,
namely:-- "(9) to maintain and
manage hostels or halls, to admit to all or any of its privileges colleges,
other than constituent or affiliated colleges enumerated in or under
sub-section (1) of section 5, and to withdraw all or any of those privileges
and to recognise hostels or halls not maintained by the University and to
withdraw any such recognition;"; and (c) in clause
(11), after the words "of the University", the words "and its
constituent colleges" shall be inserted. For section 5, the
following section shall be substituted, namely:-- "5. The colleges and
jurisdiction of the University.-- (1)
The University shall have the following constituent and affiliated
colleges:-- I.
Constituent colleges? (a)
Kamla Nehru College for Women; and (b)
Institute of Evening Studies. II.
Affiliated colleges? (a)
Lachoomal Memorial College of Science, Jodhpur; (b)
Mahesh Teachers, Training College, Jodhpur; and (c)
Onkarmal Somani College of Commerce, Jodhpur: Provided that the State
Government may, in consultation with the University, by notification published
in the Official Gazette, enumerate such other college as it deems fit to be a
constituent or affiliated college of the University. (2)
The jurisdiction of the University shall extend to and the powers
conferred by or under this Act shall be exercisable by it in the University
departments, its constituent and affiliated colleges and colleges which may be
admitted by it to the privileges of the University in accordance with or under
this Act. (3)
The State Government may, by order in writing:-- (a)
require any college to terminate, with effect from such date as
may be specified in the order, its association with, or its admission to the
privileges of, any other University incorporated by law to such extent as may
be considered necessary and proper, or (b)
exclude, to such extent as may be considered necessary and proper,
from admission to the privileges of the University any college specified in the
order which, in the opinion of the State Government, is required to be
associated with or admitted to the privileges of, any other University: Provided that no order made
under this sub-section,-- (a)
shall be made otherwise than with the concurrence of the
Chancellor of the University, or (b)
shall be made so as to take effect during the middle of an
academic session. ". In section 11 of the principal
Act,-- (a)
in sub-section (1),-- (i)
in between the words "by the Chancellor" and the words
"upon the recommendation", the expression ", on the advice of
the State Government", shall be inserted; (ii)
the punctuation mark colon appearing after the words "Chairman
of the committee" shall be substituted by the punctuation mark full-stop
and the existing proviso shall be omitted; (b)
the punctuation mark colon appearing after the words "his
appointment" in sub-section (2) shall be substituted by the punctuation
mark full-stop and the existing proviso to sub-section (2) shall be omitted;
and (c)
for sub-sections (6) and (7), the following sub-sections shall be
substituted, namely:-- "(6) When a permanent
vacancy in the office of the Vice-chancellor occurs by reason of his death,
resignation, removal or the expiry of his term of office, it shall be filled by
the Chancellor in accordance with sub-section (1) and for so long as it is not
so filled, stop-gap arrangement shall be made by him under and in accordance
with sub-section (7). (7) When a temporary
vacancy in the office of the Vice-Chancellor occurs by reason of leave,
suspension or otherwise or when a stop-gap arrangement is necessary under
sub-section (6), the Registrar shall forthwith report the matter to the
Chancellor who shall make, on the advice of the State Government, such
arrangement for the carrying on of the functions of the office of the
Vice-Chancellor as he deems fit.". In section 12 of the
principal Act;-- (a) after
sub-section (7), the following new sub-section shall be added, namely:-- "(8) Without prejudice
to the powers of the Chancellor under sub-section (2) of section 10, the
Vice-Chancellor shall have, for good and sufficient cause, power to make an
enquiry himself or to cause it to be made, by such officer or office is of the
University as he may direct, against a teacher."; and (b) sub-section
(8) shall be re-numbered as sub-section (9) thereof. The punctuation mark colon
appearing after the word "Ordinances" in section 13 of the principal
Act shall be substituted by the punctuation mark full-stop and the existing
proviso to the said section shall be omitted. In section 14 of the
principal Act,-- (a)
the brackets and figure "(1)" appearing immediately
after the marginal heading shall be omitted; and (b)
sub-section (2) shall be omitted. In section 15 of the
principal Act,-- (a) for
clause (xvi) of sub-division I of sub-section (2), the following clause shall
be substituted, namely:-- "(xvi) One Principal
or Head of constituent or affiliated colleges or institutions elected by the
Principals and Heads of such colleges or institutions from amongst
themselves,"; (b) for
clause (xxiii) of sub-division III of the said sub-section, the following
clause shall be substituted, namely:-- "(xxiii) two persons,
not being in the service of the University or college or connected with the
management of an affiliated college or a recognised hall or hostel, elected by
the registered graduates of the University from amongst themselves,"; (c) for
clause (xxiv) of sub-division III of the said sub-section, the following clause
shall be substituted, namely:-- "(xxiv) eight
teachers, other than the Heads of University departments and Principals or
Heads of constituent and affiliated colleges of the University (by whatever
name designated) elected by the teachers from amongst themselves,"; (d)
in clause (xxviii) of sub-division III of the said sub-section,-- (i)
sub-clause (a) (1) shall be substituted by the following,
namely:-- "(1) two students of
the University departments or its constituent and affiliated colleges shall be
elected by the Presidents of the Students' Unions of University departments and
of such colleges of the University and ten representatives including the
President of the Central Students Union, elected by the Executive of the
Central Students Union, and"; (ii) in
sub-clause (b), for the bracket, letter and words "(b) a person other
than", the following shall be substituted, namely:-- "Provided that-- (a)
a person other than"; (iii)
for sub-clause (bb) and sub-clause (c) and the explanation
thereunder, the following shall be substituted, namely:-- "(b) he shall
automatically cease to be a member of the Senate on his ceasing to be a student
or registered scholar, which entitles him to be elected as such. Explanation.--The election
of the persons under clauses (xxiv) and (xxviii) shall be held in accordance
with the system of proportional representation by means of the single
transferable vote and the voting at such election shall be by secret
ballot,"; (e) after
clause (xxviii) of sub-division III as so amended, the following new clause
shall be added, namely:-- "(xxix) President and
Senior Vice-President of the Central Students' Union shall be ex-officio other
members."; and (f) for
sub-section (4), the following sub-section shall be substituted, namely:-- "(4) Members of the
Senate, other than ex-officio members, life members and other members elected
under clauses (xxii), (xxiv) and (xxviii) or nominated under clauses (xxv) and
(xxvi) of sub-division III of sub-section (2), shall hold office for a period
of five years but the members who have been elected or nominated under the
provisions of the Statutes and are continuing as such shall remain as such
members for their remaining term as if they are elected or nominated under the
provisions of this section. The other members elected under clause (xxii) and
clause (xxiv) shall hold office for a period of three years, those elected
under clause (xxviii) for the current academic session in which they are
elected while those nominated under clause (xxv) and clause (xxvi) for a period
of one year.". In section 16 of the
principal Act,-- (1)
in sub-section (1),-- (a)
clause (ii) shall be substituted by the following, namely:-- "(ii) two persons
nominated by the Vice-Chancellor from amongst the Deans of faculties or
Directors of constituent colleges or Principals of affiliated colleges;"; (b) for
clause (vii), the following clause shall be substituted, namely:-- "(vii) two teachers
who have put in not less than seven years teaching experience in an institution
of higher education in Rajasthan as on 1st January immediately preceding the
year in which elections are held, other than University Professors, Deans,
Principals, Heads of affiliated colleges and Directors of constituent colleges
of the University, to be elected by the teachers of the University and of its
constituent and affiliated colleges from amongst themselves;"; and (c)
in clause (ix), for the expression "sub-clause (bb) of clause
(xxviii)", the expression "clause (xxix)" shall be substituted;
and (2)
for sub-section (2), the following sub-section shall be
substituted, namely:-- "(2) The elected
members and members nominated under clauses (iv), (vi) and (viii) shall hold
office for a period of three years and members nominated under clauses (ii) and
(iii) for a period of one year from the date of election or nomination, as the
case may be." In section 21 of the
principal Act,-- (a) after
clause (j), the following clauses shall be inserted, namely.-- "(k) the appointments,
powers and duties of the Directors of constituent colleges; (l) the conditions under
which colleges and institutes may be affiliated to the University and the
withdrawal of such affiliation, including the laying down minimum standard of
admission to the concerned colleges and institutions;"; and (b) the
existing clause (k) shall be re-numbered as clause (m) thereof. The existing sub-section
(1) of section 22 of the principal Act shall be omitted, the existing
sub-sections (2), (3) (4), (5) and (6) shall be re-numbered as sub-sections
(1), (2), (3), (4) and (5) respectively thereof and for the expression
''sub-section (3)" in sub-section (3) as so re-numbered, the expression "sub-section
(2)" shall be substituted. In sub-section (1) of
section 24 of the principal Act, the words "after considering the views of
the Senate" shall be omitted. After section 38 of the
principal Act, the following new section shall be inserted, namely:-- "39. Transitory
provisions.-- On the date of the
commencement of the Jodhpur University (Change of Name and Amendment) Act,
1984,-- (a)
any person holding office as Vice-chancellor of the University
shall, on such commencement, be the Vice-Chancellor of the University so
re-constituted and shall continue to hold the said office and to exercise all
powers and to perform all duties conferred on the Vice-Chancellor by or under
the provisions of this Act for the residue of his term as Vice-Chancellor of
the University of Jodhpur; (b)
the members of the authorities, bodies and committees of the
University, shall be deemed to be respectively the members of the authorities
bodies and committees of the University so re-constituted and shall continue to
exercise all powers and perform all duties conferred on the authorities, bodies
and committees by or under this Act or the Statutes; (c)
the appointments of the Registrar and all other officers and
servants of the University which are lawfully subsisting shall be deemed to
have been made under and for the purposes of this Act and the Registrar and all
such officers and servants shall continue to hold office and to act, subject to
the conditions governing the terms of their office or employment except in so
far as such conditions may be altered by competent authority; (d)
all colleges admitted to the privileges of the University shall be
deemed to be the colleges admitted to the privileges of the University so
reconstituted; (e)
all registered scholars in University departments and colleges of
the University shall be deemed to be registered scholars in the departments and
colleges of the Univeristy so reconstituted; (f)
all property, movable or immovable and all rights, interests of
whatever kind, powers and privileges of the University shall be deemed to be
transferred to and vested in the University so re-constituted and shall be
applied to the objects and for the purposes of the University so reconstituted; (g)
all benefactions or grants accepted or received by or premised to
the University shall be deemed to have been accepted or received by or promised
to the University so re-constituted, and all the conditions on which such
beneficiations or grants were accepted or received or promised shall be deemed
to be valid under this Act; (h)
all dues, liabilities and obligations incurred and lawfully
subsisting in favour of or against the University shall be the dues,
liabilities and obligations in favour of or against the University so
re-constituted; (i)
any will, deed or other document, which contains any bequest,
gift, trust in favour of the University or any nomination, filed in the
University shall be construed as if the University as reconstituted is named
therein; (j)
the appointments of all the examiners of the University as
lawfully subsisting shall be deemed to have been made under and for the
purposes of this Act and such examiners shall continue to hold office and to
act until fresh appointments are made; (k)
all Statutes, Ordinances and Regulations, all notices and orders
made or issued under the Jodhpur University Act, 1962 shall, so far as such
Statutes, Ordinances, Regulations, notices and orders are not inconsistent with
the provisions of this Act, continue in force until they are superseded or
modified or withdrawn under the provisions of this Act; and (l)
all references to the University in any enactment or other
instruments issued under an enactment, shall be construed as references to the
University so re-constituted. Explanation.--For the
purposes of this section, the expressions:-- (i)
"this Act'' means the Jodhpur University Act, 1962 as amended
by the Jodhpur University (Change of Name and Amendment) Act, 1984; (ii)
"University" means the University of Jodhpur as
constituted by or under the Jodhpur University Act, 1962; and (iii)
"the University so re-constituted" means the Jai Narain
Vyas University, Jodhpur as reconstituted by or under the principal Act as
amended by the Jodhpur University (Change of Name and Amendment) Act,
1984.". The existing section 39 of
the principal Act shall be re-numbered as section 40 thereof and in section 40
as so re-numbered,-- (a)
in sub-section (1), for the expression "transition from the
provisions of the University of Rajasthan Act to the provisions of this Act (in
the area and in matters covered by this Act)", the expression
"re-constitution of the University of Jodhpur as Jai Narain Vyas
University, Jodhpur, by or under the provisions of the Jodhpur University (Change
of Name and Amendment) Act, 1984, hereafter in this section referred to as the
Amending Act, in matters covered by this Act" shall be substituted; (b)
in clause (a) of the said sub-section, between the expression
"addition or ommission" and the expression "as it may deem
fit", the expression, "and consistent with the Amending Act,"
shall be inserted; (c)
in proviso to the said sub-section, for the expression "two
years from the date of commencement of this Act", the expression
"twelve months from the commencement of the Amending Act" shall be
substituted; and (d)
in sub-section (2), for the expression "Twelfth day of June,
1962," the expression "date of commencement of the Amending Act"
shall be substituted.
Preamble - JODHPUR UNIVERSITY (CHANGE OF NAME AND AMENDMENT) ACT,
1984PREAMBLE