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OSMANIA UNIVERSITY ACT, 1959

OSMANIA UNIVERSITY ACT, 1959

OSMANIA UNIVERSITY ACT, 1959

Preamble - OSMANIA UNIVERSITY ACT, 1959

THE OSMANIA UNIVERSITY ACT, 1959

[Act No. 09 of 1959]

[ 2nd February, 1959]

PREAMBLE

An Act to amend and consolidate the law relating to the Osmania University.

Be It Enacted By The Legislature Of The State Of Andhra Pradesh In The Tenth Year Of The Republic Of India As Follows:--

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Osmania University Act, 1959.

 

(2)     It extends to the area comprising the districts of Adilabad, Hyderabad, Karimnagar, Khammam, Mahabubnagar, Medak, Nalgonda, Nizamabad and Warangal in the State of Andhra Pradesh.

 

(3)     It shall come into force at once.

Section 2 - Definitions

In this Act, unless the context otherwise requires,

(a)      "Affiliated College" means a college within the University area affiliated to the University in accordance with the conditions prescribed;

 

(b)      "Constituent College" means a college located outside the University campus and established or maintained by the University for providing courses of study qualifying students for admission to the examinations in accordance with the Regulations prescribed; and includes a college so located and established or maintained by the University immediately before the commencement of this Act;

 

(c)      "College" means a college established and maintained by or affiliated to the University for providing courses of study qualifying students for admission to the examinations for the degrees in Arts and Science in accordance with the Regulations prescribed;

 

(d)      "Department" means a University Department, recognised as such, with reference to a subject or group of subjects;

 

(e)      "Government" means the State Government;

 

(f)       "Head of Department" means a teacher of the University responsible for the co-ordination of instruction, training and research in any Department of the University;

 

(g)      "Hostel" means a unit of residence for students of the University maintained or recognised by the University in accordance with the conditions prescribed;

 

(h)     "Prescribed" means prescribed by Statutes, Ordinances or Regulations;

 

(i)       "Principal" means the head of a college;

 

(j)       "Professional College" means a college established and maintained by the University, or affiliated to the University for providing courses of study leading to the professional degrees of the University, in accordance with the Regulations prescribed;

 

(k)      "Recognised College" or "Recognised Institution" means respectively a college or institution recognised by the University under conditions prescribed;

 

(l)       "Registered graduate" means a graduate registered under section 35;

 

(m)    "Teachers" means Professors, Readers and Lecturers and such other persons giving instruction in the University or in any affiliated or constituent college, as may be declared by the Statutes to be teachers;

 

(n)     "Teachers of the University" means teachers appointed by the University to give instruction or guide research in the University and Constituent Colleges;

 

(o)      "University" means the Osmania University as reconstituted under this Act;

 

(p)      "University area" means the area to which this Act extends;

 

(q)      "University Campus" means the area comprised within the limits of the headquarters of the University as notified by the State Government from time to time in the Andhra Pradesh Gazette;

 

(r)      "University College" means a college located in the University Campus, which is established or maintained by the University and provides courses of study qualifying students for admission to University examinations, in accordance with the Regulations prescribed and includes a college so located, and established or maintained by the University immediately before the commencement of this Act;

 

(s)      "University Professor" means a person appointed as such by the University.

2-A. Construction of references to a district.

[1] [Any reference to a district in this Act shall be construed as a district constituted as from the commencement of the Andhra Pradesh University Acts (Amendment) Act, 1974.']

Chapter II - THE UNIVERSITY

 

Section 3 - The University

(1)     The University established by the Revised Charter promulgated by H.E.H. the Nizam of Hyderabad on the 8th December 1947, and functioning at Hyderabad immediately before the commencement of this Act, is hereby reconstituted and declared to be a University by the name of 'Osmania University'.

 

(2)     The University shall be a Residential, Teaching and Affiliating University, and shall consist of a Chancellor, a Pro-Chancellor, a Vice-Chancellor, a Senate, a Syndicate and an Academic Council. It shall be a body corporate having perpetual succession and a common seal and shall sue and be sued by the said corporate name.

 

(3)     In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by the Registrar and all processes in such suits and proceedings shall be issued to, and served on the Registrar.

 

(4)     The headquarters of the University shall be located at Adikmet, Hyderabad and it may extend to any place within a contiguous area of ten miles around it.

Section 4 - Powers of the University

(1)     The University shall have the following objects and powers, namely:--

 

(a)      to provide for instruction and training in such branches of learning as it may think fit;

 

(b)      to make provision for research and for the advancement and dissemination of knowledge;

 

(c)      to hold examinations and to confer degrees, diplomas, and other academic distinctions on persons who have pursued a course of study in the University and its affiliated, constituent or recognised colleges and institutions unless exempted therefrom in the manner prescribed by the statutes and have passed the prescribed examinations of the University;

 

(d)      to confer degrees and other academic distinctions on persons who have carried on research under conditions prescribed;

 

(e)      to confer honorary degrees or other academic distinctions on approved persons under conditions prescribed;

 

(f)       to institute Professorships, Readerships, Lecturerships and any other teaching posts required by the University and to appoint persons therefor;

 

(g)      to acquire and hold property, both movable and immovable, to lease, sell or otherwise transfer any movable or immovable property which may have become vested in or may have been acquired by it, for the purposes of the University and to contract and do all other things necessary for or incidental to the purposes of the University;

 

(h)     to institute, take over and maintain colleges and hostels;

 

(i)       to transfer any or all the colleges or institutions maintained by the University to the administrative control of the Government on such conditions as it may determine;

 

(j)       to erect, equip and maintain laboratories, libraries and museums;

 

(k)      to affiliate or recognise colleges and institutions and to withdraw such affiliation or recognition;

 

(l)       to inspect affiliated and recognised colleges and institutions and to take measures to ensure that proper standards of instruction are maintained in them;

 

(m)    to make grants from the funds of the University to affiliated and recognised colleges and institutions;

 

(n)     to establish, maintain and manage Research departments and institutions;

 

(o)      to make special provision for the spread of higher education among educationally backward classes of citizens;

 

(p)      to make special provision for colleges and Institutions for women students;

 

(q)      to establish research institutions in any part of the University area, whether within or outside the University Campus;

 

(r)      to fix fees and to demand and receive such fees and other charges as may be prescribed;

 

(s)      to make grants from the funds of the University for the maintenance of the National Cadet Corps;

 

(t)       to institute and manage?

 

(i)       a Department of Publications;

 

(ii)      a University Press;

 

(iii)     an Employment Bureau;

 

(iv)    an Information Bureau;

 

(v)      Boards of University Extensions;

 

(vi)    Students' Unions;

 

(vii)   University Sports and Athletic Clubs; and

 

(viii)  Other similar associations;

 

(u)     to co-operate with other Universities, educational institutions and authorities in such manner and for such purposes as the University may determine;

 

(v)      generally to do all such other acts and things whether incidental to the powers aforesaid or not, as may be necessary or desirable to further the objects of the University as a residential, teaching and affiliating University, to cultivate and promote arts, fine arts, sciences, professional studies, technology and other branches of learning and to promote the interests of its students;

 

(w)     to supervise and control the conduct and discipline of the students of the University and its affiliated and recognised colleges and institutions, and to make arrangements for promoting their health and general welfare.

 

(2)     Nothing contained in sub-section (1) shall be deemed to prevent the Government from issuing such orders as they deem fit in regard to the levy of fees and other charges for admission of students to colleges under the management of the Government and the salaries of teachers in such colleges.

Section 5 - Admission of educational institutions as colleges

(1)     No college or institution outside the University area shall form part of, or be affiliated to, or recognised by or be admitted to the privileges of the University:

Provided that the colleges and institutions in the territories specified in clause (b) of sub-section (1) of section 8 of the States Reorganisation Act, 1956 (Central Act 37 of 1956), which formed part of the State of Hyderabad as it existed immediately before the 1st November 1956, shall continue to be affiliated to or be recognised by the University, until such time as the University may determine.

(2)     No college or institution within the University area shall, after the commencement of this Act, form part of, or be affiliated to, or be recognised by, or seek admission to any privileges of any other University:

Provided that nothing contained in this sub-section shall apply to any such college or institution which formed part of, or was affiliated to or recognised by, any other University prior to such commencement.

Section 6 - University open to all persons

No person shall be excluded from holding any office in the University or from membership of any of the authorities of the University or from admission to any degree, diploma or other distinction or course of study, on ground's only of religion, race, caste, sex, place of birth or any of them, and it shall not adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted thereto as a teacher or student or to hold any office therein or to qualify for any degree, diploma or other distinction or to enjoy or exercise any of the privileges of the University:

Provided as follows:--

(1)     the University may maintain, affiliate or recognise any college or institution, intended exclusively for women, either for education, instruction or residence;

 

(2)     the University may reserve seats in any University college or Constituent college for women or members of educationally backward classes, or allot seats on such regional basis of the University area as may be declared by the University;

 

(3)     the Government may reserve seats in colleges under their management for women or members of educationally backward classes or allot seats on such regional basis of the State as may be declared by the Government.

Section 7 - Residence

Every student of the University shall reside in a hostel, where one is provided or under such conditions as may be prescribed.

Section 8 - Inspection and inquiry

(1)     The Government shall have the right to cause an inspection to be made, by a committee of not less than two persons, of the University, its buildings, laboratories, libraries, museums, workshops and equipment, and of any college or institution, maintained by, or affiliated to, or recognised by, the University, and also of the teaching and other work conducted or done by the University, and to cause an inquiry to be made in respect of any matter connected with the University. The Government shall, in every case, give notice to the University of their intention to cause such inspection or inquiry to be made, and the University shall be entitled to be represented thereat.

 

(2)     The Government shall forward to the Vice-Chancellor a copy of the inspection report for obtaining the views of the Syndicate and on receipt of such views, the Government may tender such advice as they consider necessary and fix a time-limit for action to be taken by the University.

 

(3)     The Syndicate shall, within such time as the Government may fix, report to them through the Vice-Chancellor the action which has been taken or is proposed to be taken on the advice tendered by them.

 

(4)     The Government may, where action has not been taken by the University to their satisfaction, within the time fixed and after considering any explanation furnished or representation made by the Syndicate, issue such directions as they may think fit, and the University shall comply with such directions.

Chapter III - OFFICERS OF THE UNIVERSITY

 

Section 9 - Officers of the University

The following shall be the officers of the University:--

(i)       The Chancellor,

 

(ii)      The Pro-Chancellor,

 

(iii)     The Vice-Chancellor,

 

(iv)    The Registrar, and

 

(v)      Such other persons as the Statutes may declare to be officers of the University.

Section 10 - The Chancellor

(1)     The Governor of Andhra Pradesh shall be the Chancellor of the University. He shall, by virtue of his office, be the head of the University and the President of the Senate and shall, when present, preside at meetings of the Senate and at Convocations of the University. He shall exercise such other powers and perform such other duties as may be conferred on or vested in him by or under the provisions of this Act.

 

(2)     Where power is conferred upon the Chancellor to nominate persons to any Authorities of the University, he shall, to the extent necessary, nominate persons to represent interests not otherwise adequately represented.

Section 11 - The Pro-Chancellor

(1)     The Pro-Chancellor of the University shall be nominated by the Chancellor and shall hold office for a period of five years.

 

(2)     In the absence of the Chancellor, or during the Chancellor's inability to act, the Pro-Chancellor shall preside at the meetings of the Senate and at Convocations of the University.

Section 12 - The Vice-Chancellor

(1)     The Vice-Chancellor shall be appointed by the Chancellor from a panel of not less than three persons selected by a committee as constituted under sub-section (2):

Provided that if the Chancellor does not approve any of the persons so selected, he may call for a fresh panel from the committee.

(2)     The committee referred to in sub-section (1) shall consist of three persons, two of whom shall be nominated by the Syndicate from among persons who are not connected with the University or any College or recognised institution thereof, while the third person shall be nominated by the Chancellor. The Chancellor shall appoint one of the three persons to be the Chairman and Convener of the committee.

 

(3)     The Vice-Chancellor shall be the academic head and the principal Executive Officer of the University and shall exercise general control over its affairs. He shall be a whole-time officer of the University.

Section 13 - Term of office, salary and allowances etc., of the Vice-Chancellor

(1)     The Vice-Chancellor shall hold office for a term of five years and shall be eligible for re-appointment:

Provided that the Vice-Chancellor shall continue to hold office after the expiry of his term of appointment for a period not exceeding six months or until his successor is appointed and enters upon his office, whichever is earlier.

(2)     The Vice-Chancellor shall be paid a salary of two thousand rupees per mensem. He shall also be paid a conveyance allowance of one hundred and fifty rupees per mensem if he is not provided by the University with a motorcar for his use. He shall pay the standard rent or ten per cent of his salary, whichever is less, if he occupies a house provided by the University.

 

(3)     In the temporary absence of the Vice-Chancellor on leave by reason of illness or other cause, or pending the filling of a vacancy caused in any other manner, the Syndicate, may, subject to the approval of the Chancellor, make suitable arrangements for the exercise of the powers and performance of the duties of the Vice-Chancellor.

 

(4)     In the temporary absence of the Vice-Chancellor when he is on other duty pertaining to the University or the State or the Central Government, the Syndicate may, subject to the approval of the Chancellor, appoint a Vice-Chancellor-in-charge to exercise the powers and perform the duties of the Vice-Chancellor.

 

(5)     It shall be competent for the Chancellor to accept the resignation of the Vice-Chancellor.

 

(6)     When the post of the Vice-Chancellor falls permanently vacant, either by resignation or otherwise, the vacancy shall be filled up in accordance with the provisions of sub-sections (1) and (2) of section 12, and the Vice-Chancellor so appointed, shall hold office for a full term of five years.

Section 14 - Powers and duties of the Vice-Chancellor

(1)     The Vice-Chancellor, shall, by virtue of his office, be a member and Chairman of the Syndicate and of the Academic Council. He shall preside at the meetings of the Senate and at Convocations of the University in the absence of the Chancellor and the Pro-Chancellor.

 

(2)     He shall be entitled to be present at and address at any stage any meeting of any Authority of the University, but not to vote thereat, unless he is a member of the authority concerned.

 

(3)     He shall have the power to convene meetings of the Senate, the Syndicate and the Academic Council.

 

(4)     It shall be his duty to see that the provisions of this Act, the Statutes, the Ordinances and Regulations, are duly observed and he may exercise all powers necessary for this purpose.

 

(5)     He shall have power to interpret the provisions of this Act, the Statutes, the Ordinances and the Regulations. Any person or authority aggrieved may, within such time as may be prescribed, appeal to the Chancellor:

Provided that--

(i)       if such interpretation was given at a meeting of the Syndicate, the appeal shall lie to the Chancellor direct;

 

(ii)      if such interpretation was given otherwise than at a meeting of the Syndicate, the appeal shall be forwarded to the Chancellor through the Syndicate, which shall have authority to consider the same.

The decision of the Chancellor on the appeal shall be final.

(6)     He shall give effect to the decisions of the Authorities of the University taken in accordance with the powers conferred by or under this Act.

 

(7)     He shall have such other powers as may be prescribed.

 

(8)     ?(a) In any emergency which in the opinion of the Vice-Chancellor requires that immediate action should be taken, he shall take such action as he deems necessary and shall, at the earliest opportunity thereafter, report the action to such officer, authority or body as would have in the ordinary course dealt with the matter.

(b) ???An appeal shall lie to the Syndicate against any action taken by the Vice-Chancellor under clause (a)

affecting any person in the service of the University, at the instance of such person. Such appeal shall be filed within ninety days from the day on which such person has notice of the action taken.

Section 15 - The Registrar

(1)     The Registrar shall be a whole-time paid officer of the University appointed by the Syndicate on such terms as may be prescribed by the Statutes.

 

(2)     He shall act as the Secretary of the Syndicate, the Senate and the Academic Council and shall exercise such powers and perform such duties as may be prescribed.

Chapter IV - AUTHORITIES OF THE UNIVERSITY

 

Section 16 - Authorities

The following shall be the authorities of the University, namely:--

(i)       The Senate,

 

(ii)      The Syndicate,

 

(iii)     The Academic Council,

 

(iv)    The Faculties,

 

(v)      The Boards of Studies, and

 

(vi)    Such other bodies, as the Statutes may declare to be Authorities of the University.

The Senate.

Section 17 - The Senate

The Senate shall consist of the following persons, namely:--

Class I--Ex-Officio Members.

(1)     The Chancellor,

 

(2)     The Pro-Chancellor,

 

(3)     The Vice-Chancellor,

 

(4)     The Vice-Chancellors of the other Universities in the State,

 

(5)     The Secretary to Government in the Education Department,

 

(6)     The Circle Commander, National Cadet Corps, Andhra Pradesh,

 

(7)     The Heads of Government Departments who have affiliated colleges under their control,

 

(8)     The Principals of the University, the Constituent and the Affiliated colleges,

 

(9)     The whole-time University Professors and other Professors appointed by the University.

 

(10)   The members of the Syndicate, who are not otherwise members of the Senate.

Class II--Life Members.

(1)     Such number of persons not exceeding three as may be appointed, on the recommendation of the Syndicate, by the Senate, to be Life Members on the ground that they have rendered eminent services to education.

 

(2)     All persons who make a donation of not less than Rs. 25,000 to or for the purposes of the University.

Class III--Other Members.

(1)     Such number of persons, subject to a maximum of fifteen and a minimum of five, elected as specified below, by registered graduates from among themselves according to the principle of proportional representation by means of the single transferable vote;

Number of registered graduates.

Number of members to be elected.

(1)

(2)

Where the number of registered graduates is 500 or less.

Five.

Where the number of registered graduates exceeds 500, for every additional 300 registered graduates.

One.

Provided that a person shall not be eligible to stand for election from the graduates constituency if he has not completed twenty-one years of age;

(2)     Six persons elected from among themselves by the members of the Andhra Pradesh Legislative Assembly and two persons elected from among themselves by the members of the Andhra Pradesh Legislative Council according to the principle of proportional representation by means of the single transferable vote;

 

(3)     One person elected from among themselves by the members of the Committees of Municipalities, the members of the district boards and the Sarpanches of Grain Panchayats in each district in the University area;

Explanation.--In this clause, the expression "Committees of Municipalities" shall, in relation to the Hyderabad district, include, the Hyderabad and Secunderabad Municipal Corporations;

(4)     Six persons nominated by the Chancellor of whom three shall be from among the members of municipal councils and Presidents of Panchayats in the Andhra University area and three shall be from among the members of municipal councils and Presidents of Panchayats in Sri Venkakteswara University area;

 

(5)     Ten persons nominated by the Chancellor of whom three shall be from among the Scheduled Castes, one from among the Scheduled Tribes and two from among teachers, all being from the University area.

Section 18 - Powers of the Senate

(1)     The Senate shall have and exercise the following powers, namely:--

 

(a)      to make statutes and to amend or repeal the same and to consider, modify or cancel Ordinances and Regulations in the manner prescribed by or under this Act;

 

(b)      to provide for instruction and training in such branches of learning as it thinks fit;

 

(c)      to institute and maintain University and constituent Colleges;

 

(d)      to provide for research and the advancement and dissemination of knowledge;

 

(e)      to institute Professorships, Readerships, Lecturerships and other teaching posts required by the University, on the motion of the Syndicate and after considering the proposals of the Academic Council therefor;

 

(f)       to institute fellowships, travelling fellowships, scholarships, exhibitions, bursaries, studentships, medals and prizes;

 

(g)      to establish, equip and maintain University Laboratories, Libraries, Museums and Research Institutions;

 

(h)     (i) to prescribe general conditions of affiliation and recognition of colleges and institutions and to suspend or withdraw affiliation or recognition, as the case may be, on the recommendation of the Syndicate and after consultation with the Academic Council;

(ii) ???to control in general all colleges and institutions in the University area in the manner prescribed by the statutes;

(i)       to confer degrees and other academic distinctions on persons who?

 

(i)       have pursued an approved course of study in a University, constituent or affiliated college or recognised college or institution or have been exempted therefrom in accordance with the conditions prescribed by the statutes and have passed the prescribed examinations of the University; or

 

(ii)      have carried on research and qualified for a degree under conditions prescribed;

 

(j)       to confer honorary degrees or other academic distinctions on approved persons in the manner prescribed;

 

(k)      to provide for lectures and instruction to persons not being students of the University and to grant diplomas to them;

 

(l)       to establish and maintain hostels;

 

(m)    to prescribe the fees to be charged for the affiliation or recognition of colleges;

 

(n)     to consider the annual report, the annual accounts and the financial estimates of the University and pass resolutions thereon in regard to the matters falling within its jurisdiction;

 

(o)      to enter into any agreement with the State or Central Government or with a private management for assuming the management of any institution and taking over its properties and liabilities or for any other purpose, not repugnant to the provisions of this Act;

 

(p)      to enter into any agreement with the State or Central Government for transferring the management of any college or institution;

 

(q)      to delegate such of its powers as it deems fit to any authority or authorities constituted under this Act or to the Vice-Chancellor;

 

(r)      to co-operate with other Universities and other authorities in such manner and for such purposes as it may determine.

 

(2)     The Senate shall exercise all the powers of the University not otherwise provided for and all powers requisite to give effect to the provisions of this Act.

Section 19 - Meetings of the Senate

(1)     There shall be at least two ordinary meetings of the Senate in a year, one of which shall be called the annual meeting.

The Senate may also meet at such other times as it or the Vice-Chancellor may, from time to time determine.

(2)     Upon a requisition in writing signed by not less than twenty members of the Senate, the Vice-Chancellor shall convene a meeting of the Senate.

 

(3)     Twenty members shall form the quorum for a meeting of the Senate.

 

(4)     In the absence of the Chancellor, the Pro-Chancellor and the Vice-Chancellor from any meeting of the Senate, the members present at the meeting shall choose one of their members to preside thereat.

The Syndicate.

Section 20 - The Syndicate

The Syndicate shall, in addition to the Vice-Chancellor, consist of the following persons, namely:--

Class I--Ex-Officio Members.

(1)     The Secretary to Government in the Finance Department;

 

(2)     The Director of Public Instruction.

Class II--Other Members.

(1)     Four persons elected by the Senate from among its members;

 

(2)     Two persons elected by the Academic Council from among its members;

 

(3)     Two persons nominated by the Chancellor:

Provided that no employee of the University shall be a member of the Syndicate under the above categories.

(4)     Three persons nominated by the Chancellor from among the Principals of the University, constituent and affiliated Colleges.

Section 21 - Powers and duties of the Syndicate

The Syndicate shall be the executive authority of the University and shall have power--

(1)     to direct the form, custody and use of the common seal of the University;

 

(2)     to hold, control and administer the property and funds of the University;

 

(3)     to enter into, vary, carry out and cancel contracts on behalf of the University in the exercise or performance of the powers and duties assigned to it by this Act and the statutes;

 

(4)     (a) to accept on behalf of the University, endowments, bequests, donations and other transfers of property made to it, and all such endowments, bequests, donations and transfers shall be reported to the Senate at its next meeting;

(b) ???to administer all funds placed at the disposal of the University for specific purposes;

(5)     subject to such statutes as may be made in this behalf?

 

(a)      to appoint the teachers of the University below the rank of Readers;

 

(b)      to appoint the teachers of the University of and above the rank of Readers on the recommendation of the Selection Committee;

 

(c)      to fix their emoluments and define their duties and conditions of service;

 

(6)     to suspend, remove or dismiss teachers of the University subject to such Ordinances as may be made in this behalf;

 

(7)     to appoint, dismiss, remove or suspend the servants of the University;

 

(8)     to fix the emoluments of the servants of the University and define their duties and the conditions of their service;

 

(9)     to award fellowships, travelling fellowships, scholarships, exhibitions, bursaries, studentships, medals and prizes in accordance with the rules laid down by the Senate;

 

(10)   to appoint examiners in consultation with the Board of Studies and to fix their fees;

 

(11)   to conduct University Examinations and to approve and publish the results thereof;

 

(12)   to prescribe the fees to be charged for admission to the examinations, degrees, diplomas and oriental titles of the University;

 

(13)   to charge and collect such tuition and other fees as may be prescribed by the Ordinances for admission to courses of study in the colleges and institutions of the University;

 

(14)   to manage and control all colleges, hostels, libraries, laboratories, museums and the like instituted and maintained by the University;

 

(15)   to establish, manage and control a Department of Publications, a University Press, an Employment Bureau, Students' Unions, University Extension Boards, University Athletic Clubs and other similar associations;

 

(16)   to affiliate colleges to the University under conditions prescribed by the statutes after consultation with the Academic Council and to recommend in consultation with the Academic Council to the Senate the suspension or withdrawal of such affiliation;

 

(17)   to recognize colleges and institutions under conditions prescribed by the statutes after consultation with the Academic Council and to recommend to the Senate in consultation with the Academic Council the suspension or withdrawal of such recognition;

 

(18)   to direct the inspection of affiliated or recognised colleges and institutions;

 

(19)   to call for reports and returns and other information from affiliated or recognised colleges and institutions;

 

(20)   to recognise hostels not maintained by the University and to suspend or withdraw such recognition therefrom;

 

(21)   to supervise and control the residence and discipline of the students of the University and make arrangements for promoting their health and well being;

 

(22)   to recommend to the Chancellor on the motion of the Vice-Chancellor the conferment of honorary degrees and other academic distinctions;

 

(23)   to make, amend or repeal Ordinances;

 

(24)   to delegate any of its powers to the Vice-Chancellor or to a committee from among its own members;

 

(25)   to regulate and determine all matters concerning the administration of the University in accordance with the Statutes, the Ordinances and the Regulations; and to exercise such other powers or duties as may be conferred or imposed by this Act.

Section 22 - Annual Accounts

(1)     The Syndicate shall prepare the annual accounts of the University and submit them to such audit as the Government may direct. The accounts when audited shall be published in the Andhra Pradesh Gazette and copies thereof together with copies of the audit report shall be submitted to the Senate and the Government.

 

(2)     The Syndicate shall also prepare, before such date as may be prescribed by the statutes, the financial estimates for the ensuing year and submit the same to the Senate.

 

(3)     The annual accounts and the financial estimates shall be considered by the Senate at its annual meeting and the resolutions of the Senate thereon shall be submitted to the Government for information:

Provided that the Senate shall not pass any resolution so as to increase the total financial estimates on the expenditure side beyond the total estimated receipts.

Section 23 - Annual Report

The Syndicate shall prepare an Annual Report of the University and submit it to the Senate on or before such date as may be prescribed by the statutes. A copy of the report with a copy of the resolutions thereon of the Senate shall be submitted to the Government for information.

Section 24 - Power to incur unforeseen expenditure

The Syndicate may, for reasons to be recorded in writing, incur any expenditure for which no provision has been made in the budget or which is in excess of the amount provided in the budget, but a report of the expenditure incurred shall be made to the Senate at its next meeting for approval.

The Academic Council.

Section 25 - The Academic Council

(1)     The Academic Council shall, in addition to the Vice-Chancellor, consist of the following persons, namely:--

Class I--Ex-Officio Members.

(a)      The Director of Public Instruction;

 

(b)      The Presidents of the Andhra Pradesh Sahitya Akadami, Sangeet Natak Akadami and Lalita Kala Akadami;

 

(c)      The Principals of the University, constituent, affiliated and recognised Colleges;

 

(d)      The Professors of the University;

 

(e)      The Heads of Departments who are not otherwise members of the Academic Council;

 

(f)       The Heads of Research Laboratories and Institutions in the University area, recognised by the University;

 

(g)      Such members of the Syndicate as are not otherwise members of the Academic Council.

Class II--Other Members.

Two persons nominated by the Chancellor who shall be Headmasters of Schools in service in the University area at the time of nomination.

(2)     The Academic Council as constituted under sub-section (1), may co-opt as members not more than fifteen persons from among the teachers of the University, constituent and affiliated colleges as far as possible by rotation from such Colleges, for such period, and in such manner as may be prescribed by Regulations so as to secure adequate representation of different branches of learning.

Section 26 - Powers of the Academic Council

(1)     The Academic Council shall, subject to the provisions of this Act and the statutes, have the power, by Regulations, of prescribing all courses of study and of determining curricula and have general control of teaching within the University and be responsible for the maintenance of the standards thereof. 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 and to amend or repeal such Regulations.

 

(2)     In particular and without prejudice to the generality of the foregoing power, the Academic Council shall have power?

 

(a)      to advise the Syndicate on all academic matters including the control and the management of the libraries;

 

(b)      to make recommendations to the Senate for the institution of Professorships, Readerships, Lecturer-ships, and other teaching posts and in regard to the duties and emoluments thereof;

 

(c)      to make recommendations to the Syndicate for the recognition of teachers in affiliated and recognised colleges and institutions;

 

(d)      to formulate, modify or revise schemes for the constitution or reconstitution of departments of teaching;

 

(e)      to make Regulations regarding the admission of students to the University:

[2][XXX]

(f)       to make Regulations regarding the examinations of the University and the conditions on which students shall be admitted to such examinations;

 

(g)      to make Regulations, prescribing equivalence of examinations, degrees and diplomas of other Universities and Boards;

 

(h)     to make Regulations relating to courses of study leading to degrees, diplomas and titles of oriental learning in the University;

 

(i)       to make Regulations prescribing the manner in which exemptions relating to the admission of students to examinations may be given;

 

(j)       to make recommendations to the Syndicate regarding post-graduate teaching and research;

 

(k)      to make recommendations to the Syndicate regarding the qualifications to be prescribed for teachers in the University, constituent and the affiliated Colleges;

 

(l)       to make Regulations for the encouragement of co-operation and reciprocity among colleges with a view to promoting academic life;

 

(m)    to appoint a Standing Committee composed of not more than one-fifth of the total number of members of the Academic Council;

 

(n)     to delegate to the Standing Committee or to any other committee or to the Vice-Chancellor, any of its powers;

 

(o)      to exercise such other powers and perform such other duties, as may be conferred or imposed on it by or under the provisions of this Act.

The Faculties and the Boards of Studies.

Section 27 - The Faculties

(1)     The University shall include the Faculties of?

 

(a)      Arts;

 

(b)      Science;

 

(c)      Commerce;

 

(d)      Technology;

 

(e)      Law;

 

(f)       Medicine;

 

(g)      Engineering;

 

(h)     Education;

 

(i)       Agriculture;

 

(j)       Veterinary Science; and

 

(k)      Such other Faculties as may be prescribed by Statutes.

 

(2)     Each Faculty shall consist of such departments of teaching as may be prescribed by Statutes.

 

(3)     ?The constitution and functions of the Faculties shall be prescribed by Statutes.

 

(4)     ?(a) There shall be a Dean for each Faculty who shall be nominated by the Syndicate from amongst the members of the Faculty concerned.

(b) ??The terms and conditions of the office of Dean shall be prescribed by Ordinances.

Section 28 - The Boards of Studies

A separate Board of Studies shall be attached to each department of teaching. The constitution and functions of the Boards of Studies shall be prescribed by Ordinances.

Chapter V - GENERAL

 

Section 29 - Disqualification for Membership

No person shall be qualified 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, a minor, a deaf-mute or is suffering from leprosy; or

 

(b)      applies to be adjudicated as an insolvent or is an undischarged insolvent; or

 

(c)      has been convicted and sentenced by a criminal court to transportation or imprisonment for a period of more than one year for an offence involving moral turpitude unless such sentence has been reversed or the offence has been pardoned or a period of five years has elapsed from the date of the expiration of the sentence; or

 

(d)      is an enrolled student of the University.

In the case of dispute or doubt, the Chancellor shall determine whether a person is or is not disqualified under this section and his decision shall be final.

Section 30 - Disputes as to constitution of University Authorities

Save as otherwise provided, if any question arises whether a person has been duly elected or nominated, or is entitled to be a member of any Authority of the University, the question shall be referred to the Chancellor, whose decision thereon shall be final.

Section 31 - Constitution of Committees

All the Authorities of the University shall have power to appoint Committees. Such Committees may, unless there be some special provision to the contrary, consist of members of the Authority concerned and of such other persons, if any, as the Authority in each case may think fit.

Section 32 - Proceedings of University Bodies not invalidated by vacancies

No act or proceeding of any Authority or other body of the University shall be deemed invalid by reason only of some defect in the constitution of the Authority or body or by reason of the existence of a vacancy or vacancies among its members or the invalidity of the election of any of its members.

Section 33 - Term of office of the members of the Senate, etc

(1)     Save as otherwise provided, the Senate, the Syndicate the Academic Council and the Finance Committee shall be reconstituted at or about the same time every five years, and the members of these authorities shall, except in the case of ex-officio and Life Members hold office upto the date of next re-constitution.

 

(2)     Any vacancy in the said membership occurring before the next reconstitution shall be filled up as soon as conveniently may be, by the body or person who elected, nominated, appointed or co-opted the member whose place has become vacant and the person so elected, nominated, appointed or co-opted shall be member only for the residue of the term for which the person whose place he has filled, would have been a member:

Provided that no vacancy in the said membership occurring within six months before the next reconstitution shall be filled up until such re-constitution unless the Vice-Chancellor decides that it shall be filled up earlier.

(3)     No member of an Authority specified in sub-section (1) who is elected, nominated, appointed or co-opted in his capacity as member of a particular electorate or the holder of a particular appointment shall continue to be a member of such Authority on his ceasing to be a member of the particular electorate or holder of the particular appointment.

 

(4)     Where an elected, nominated, appointed or co-opted member of an Authority specified in sub-section (1) is appointed temporarily to any of the offices by virtue of which he is entitled to be a member of that Authority ex-officio, he shall by notice in writing signed by him and communicated to the Vice-Chancellor within seven clear days from the date of his taking charge of his temporary appointment, choose whether he will continue to be a member of that Authority by virtue of his election, nomination, appointment or co-option or whether he will vacate office as such member and become a member ex-officio by virtue of his temporary appointment and the choice shall be final. On failure to make such choice, he shall be deemed to have vacated his office as an elected or nominated or appointed or co-opted member.

 

(5)     Vacancies arising by efflux of time among elected members of any Authority specified in sub-section (1) may be filled at elections which may be fixed by the Vice-Chancellor to take place on such days, not earlier than three months before the date on which the vacancies arise, as he thinks fit.

Section 34 - Removal from membership of the University

The Senate may, on the recommendation of not less than two-thirds of the members of the Syndicate and by the votes of not less than half of the total membership of the Senate and two-thirds of the members present and voting, remove the name of any person from the register of graduates, and remove any person from membership of any Authority of the University if he has been convicted by a Court of Law of what in the opinion of the Senate is an offence involving moral turpitude or if he has been guilty of scandalous conduct, and for the same reasons may withdraw any degree or diploma conferred or granted by the University.

The Senate may also remove any person from the membership of any Authority of the University if he becomes of unsound mind or a deaf-mute or is suffering from leprosy or has applied to be, or is adjudicated an insolvent.

Section 35 - Registered Graduates

(1)     The following persons who have been graduates for atleast two years shall be entitled to have their names entered in the register of graduates or to continue to be registered graduates, namely:--

 

(a)      persons who are the graduates of the University;

 

(b)      persons who are the graduates of the Osmania University constituted under the Osmania University Charter of 1338 Fasli or the Osmania University Revised Charter of 1947; and

 

(c)      persons who are the graduates of the Nizam College, Hyderabad, having graduated when that College was affiliated to the University of Madras.

 

(2)     Every person who intends to register his name as a graduate shall make an application to the Registrar in such form, in such manner and accompanied by such fee (not exceeding five rupees) as may be prescribed by the Statutes.

Chapter VI - TEACHING AND ADMISSION OF STUDENTS

 

Section 36 - Attendance at recognised institutions

(1)     No attendance at any institution other than a University, constituent, affiliated or recognised college or institution of the University shall qualify a candidate for admission to an examination of the University other than the entrance examination to the University.

 

(2)     The courses of study and curricula shall be those prescribed.

Section 37 - Admission to University Courses

(1)     No student shall be eligible for admission to a course of study qualifying for admission to a post-matriculation University examination unless he has passed the examination prescribed as qualifying for admission to such course or an examination recognised by the Academic Council as equivalent thereto and possess such other qualification, if any, as may be prescribed.

 

(2)     Every candidate for a University examination shall, unless exempted in accordance with the Ordinances and Regulations prescribed, be an enrolled member of a University, constituent or affiliated or recognised college or institution of the University.

Chapter VII - APPOINTMENT OF TEACHERS, ETC.

 

Section 38 - Conditions of service

(1)     Save as otherwise provided, every salaried officer and teacher of the University shall be appointed under a written contract, and the conditions of service relating to them shall, as far as possible, be uniform except in respect of salaries payable to them.

 

(2)     The contract shall be lodged with the Registrar and a copy thereof shall be furnished to the officer or teacher concerned.

Section 39 - Constitution of a Selection Committee

There shall be constituted a Selection Committee which shall consist of the following persons, namely:--

(1)     The Vice-Chancellor who shall be the ex-officio Chairman of the Committee;

 

(2)     The Director of Public Instruction;

 

(3)     The Dean of the Faculty concerned;

 

(4)     The Chairman of the Board of Studies concerned;

 

(5)     The Head of the Department concerned;

 

(6)     Two persons nominated by the Syndicate (not being members of that body), for each appointment or class of appointments:

Provided that no person shall be a member of a Selection Committee for any appointment if he is a candidate for that appointment.

Section 40 - Pension or Provident Fund

Where any pension, insurance or provident fund has been constituted by the University for the benefit of its officers, teachers or servants, the Government may declare that the provisions of the Provident Fund Act, 1925 (Central Act XIX of 1925), shall apply to such fund as if it were a Government Provident Fund:

Provided that all persons who entered the University Service before the 1st April 1953, shall have the privileges of pension under the Hyderabad Government Rules and be entitled to draw their pension from the Government Funds:

Provided also that the University shall have power, in consultation with the Finance Committee, to invest the provident fund amount in such manner as it may determine.

Chapter VIII - UNIVERSITY FUNDS, ETC.

 

Section 41 - General Fund

The University shall have a general fund to which shall be credited--

(i)       its income from fees, endowments, and grants, if any;

 

(ii)      contributions or grants which may be made by the Government on such conditions as they may impose; and

 

(iii)     other contributions or grants.

Section 42 - Constitution of other funds

The University shall have such other funds and maintain such accounts as the Syndicate may determine on the recommendation of the Finance Committee.

Section 43 - The Finance Committee

(1)     There shall be constituted a Finance Committee which shall consist of the following persons, namely:--

 

(a)      the Vice-Chancellor;

 

(b)      the Secretary to Government in the Finance Department;

 

(c)      two members chosen by the Syndicate from among its members.

 

(2)     The Finance Committee shall have the following duties and powers, namely:--

 

(a)      to examine the annual accounts of the University and to advise the Syndicate thereon;

 

(b)      to examine the annual budget estimates and advise the Syndicate thereon;

 

(c)      to review the financial position of the University from time to time;

 

(d)      to make recommendations to the Syndicate on all matters relating to the finances of the University;

 

(e)      to make recommendations to the Syndicate on all proposals involving expenditure for which no provision has been made in the budget, or which involve expenditure in excess of the amount provided in the Budget.

Section 43-A - Borrowing of money

[3][The University may borrow money from the Government of India or the University Grants Commission for the purposes of the University.]

Chapter IX - STATUTES, ORDINANCES AND REGULATIONS

 

Section 44 - Statutes

Subject to the provisions of this Act, the Senate shall have power to make Statutes for all or any of the following matters, namely:--

(a)      the constitution, powers and duties of the Authorities of the University;

 

(b)      the powers, duties and conditions of service of the officers of the University other than the Chancellor;

 

(c)      the methods of election to the Authorities of the University and, save as otherwise provided, the procedure at meetings of such Authorities including the quorum for the transaction of business by them;

 

(d)      the conditions of affiliation or recognition of colleges and institutions;

 

(e)      the classification and the mode of appointment of teachers of the University;

 

(f)       the holding of convocations to confer degrees;

 

(g)      the institution of pension, insurance or provident fund for the benefit of the officers, teachers and other servants of the University;

 

(h)     the registration of graduates and maintenance of a register of registered graduates;

 

(i)       the institution and maintenance of University and constituent colleges, libraries, laboratories and hostels;

 

(j)       the administration of endowments and the institution and conditions of award of fellowships, travelling fellowships, scholarships, studentships, bursaries, exhibitions, medals and prizes; and

 

(k)      all matters which by this Act may be prescribed by Statutes.

Section 45 - Statutes how made

(1)     The Senate may take into consideration the draft of a Statute either of its own motion or on a proposal by the Syndicate.

 

(2)     The Senate, before passing a Statute taken into consideration on its own motion and affecting the powers and duties of any officer or authority of the University, shall ascertain and consider the views of the officer or Authority concerned and of the Syndicate thereon.

 

(3)     The Syndicate shall not propose the draft of a Statute?

 

(a)      affecting the status, powers or constitution of any Authority of the University until such Authority is given an opportunity of expressing its opinion on the proposal. Such opinion shall be in writing and the draft Statute together with such opinion shall be considered by the Senate and submitted to the Chancellor;

 

(b)      affecting the conditions of affiliation of colleges and institutions to the University or recognition of colleges and institutions by the University without consulting the Academic Council.

 

(4)     ?(a) Any draft of a Statute proposed by the Syndicate and rejected by the Senate may, if the Syndicate so wishes, be submitted to the Chancellor who may refer it back to the Senate for further consideration.

(b) ??Every Statute passed by the Senate shall be submitted to the Chancellor who may give or withhold his assent thereto or refer it back to the Senate for reconsideration.

(c) ??No Statute passed by the Senate shall be valid or shall come into force until assented to by the Chancellor.

Section 46 - Ordinances

The Syndicate shall have power to make Ordinances subject to the provisions of this Act and the Statutes and such Ordinances may provide for all or any of the following matters, namely:--

(a)      the levy of fees in the University and the Constituent Colleges;

 

(b)      the fees to be charged for admission to the examinations, degrees and diplomas of the University subject to the approval of the Senate;

 

(c)      the conditions of residence of students of the University and the levy of fees for residence in hostels maintained by the University;

 

(d)      the conditions of recognition of hostels not maintained by the University;

 

(e)      the number, qualifications and emoluments of teachers of the University;

 

(f)       the fees to be charged for courses of study given by the teachers of the University, for lectures, for tutorial and supplementary instruction provided by the University, and for services rendered by the University office;

 

(g)      the mode of appointment and duties of examiners;

 

(h)     the conduct of examinations;

 

(i)       the constitution and determination of the functions of the Boards of Studies;

 

(j)       the discipline, health and welfare of students of the University;

 

(k)      the constitution, powers and duties of University Extension Boards; and

 

(l)       all matters which by this Act or by the Statutes may be provided for by the Ordinances.

Section 47 - Ordinances how made

(1)     In making Ordinances, the Syndicate shall consult the Academic Council when such Ordinances affect the appointment and duties of examiners, or the conditions of residence of students.

 

(2)     All Ordinances made by the Syndicate shall take effect from such date as it may direct, but every Ordinance so made shall be submitted as soon as may be after it is made to the Chancellor and the Senate and shall be considered by the Senate at its next meeting. The Senate shall have power by a resolution passed by a majority of not less than two-thirds of the members present at such meeting, to cancel or modify any such Ordinance or by a simple majority refer it back to the Syndicate for reconsideration.

 

(3)     The Chancellor may direct that the operation of any Ordinance shall be suspended until such time as the Senate has had an opportunity of considering the same.

Section 48 - Regulations

(1)     The Academic Council shall have power to make Regulations subject to the provisions of this Act, and such Regulations may provide for all or any of the following matters, namely:--

 

(a)      the encouragement of co-operation and reciprocity among colleges;

 

(b)      the admission of students to the University or prescribing the examinations to be recognised as equivalent to University Examinations;

 

(c)      the University courses and examinations and the conditions on which students shall be admitted to examinations for the degrees, diplomas, certificates and titles of the University;

 

(d)      the grant of exemptions.

 

(2)     All Regulations shall have effect from such date as the Academic Council may direct but every Regulation made by the Academic Council shall be submitted, as soon as may be, to the Senate which shall consider it at its next meeting. The Senate shall have power, by a resolution passed by a majority of not less than two-thirds of the members present at such meeting, to cancel or modify any such Regulation or by a simple majority refer it back to the Academic Council for reconsideration.

Chapter X - MISCELLANEOUS

 

Section 49 - Appointment of the first Vice-Chancellor under this Act

As soon as may be after the commencement of this Act, the Chancellor shall appoint a Vice-Chancellor in accordance with the provisions of sub-section (1) of section 12; and for that purpose, the Authority which is deemed to be the Syndicate under section 51 shall nominate two persons to serve on the committee referred to in the said sub-section.

Section 50 - Power to remove difficulties

If any difficulty arises as to the constitution or reconstitution or appointment of any Authority or officer of the University or otherwise in first giving effect to the provisions of this Act, the Government, as occasion may require, may, by order, do anything which appears to them necessary for the purpose of removing the difficulty.

Section 51 - Repeal and saving

(1)     The Osmania University Revised Charter, 1947, is hereby repealed.

 

(2)     Notwithstanding such repeal?

 

(a)      the person holding office immediately before the commencement of this Act as Vice-Chancellor shall, on such commencement, be the Vice-Chancellor of the University, 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, until a Vice-Chancellor is appointed in accordance with the provisions of this Act;

 

(b)      the members of the Senate, the University Council, the Academic Council, the Faculties and the Boards of Studies constituted under the said Charter and holding office immediately before the commencement of this Act shall be deemed to be respectively the members of the Senate, the Syndicate, the Academic Council, the Faculties and the Boards of Studies under the relevant provisions of this Act, and shall exercise all powers and perform all duties conferred on such authorities until new authorities are constituted under this Act, and such constitution shall in no case extend beyond the 1st January 1960;

 

(c)      all colleges and institutions affiliated to or recognised by the University under the said Charter immediately before the commencement of this Act shall be deemed to be affiliated or recognised, as the case may be, under this Act;

 

(d)      all property, movable or immovable and all rights, interests of whatever kind, powers and privileges of the University constituted under the said Charter shall be transferred to and vest in the University and shall be applied to the objects and purposes for which the University is constituted;

 

(e)      all benefactions accepted or received by the University constituted under the said Charter shall be deemed to have been accepted or received by the University under this Act and all the conditions on which such benefactions were accepted or received shall be deemed to be valid under this Act, notwithstanding that such conditions are inconsistent with the provisions of this Act;

 

(f)       all debts, liabilities and obligations incurred before the commencement of this Act and lawfully subsisting against the University constituted under the said Charter shall be discharged and satisfied by the University;

 

(g)      all references in any enactment or other instruments issued under an enactment to the University constituted under the said Charter shall be construed as references to the University;

 

(h)     the appointments of the officers (other than the Vice-Chancellor), teachers and servants of the University constituted under the said Charter and subsisting immediately before the commencement of this Act shall be deemed to have been made under and for the purposes of this Act, and such officers, teachers and servants shall continue to hold office, subject to the conditions governing the terms of their office or employment;

 

(i)       the appointments of all the examiners validly made under the said Charter and subsisting immediately before the commencement of this Act shall be deemed to have been made under and for the purposes of this Act and such examiners shall continue to perform such duties and exercise such privileges as were prescribed under the said Charter until fresh appointments are made under the provisions of this Act;

 

(j)       all Statutes, Ordinances and Regulations, made under the said Charter shall, so far as such Statutes, Ordinances and Regulations, are not inconsistent with the provisions of this Act, continue to be in force and be deemed to have been made under the provisions of this Act until they are superseded or modified by Statutes, Ordinances and Regulations made under this Act.

 

 





[1] Inserted by A.P. Act 22 of 1974, S.4 (Wef 1.7.74)

[2] Omitted by A.P. Act 22 of 1974, Section 4 (Wef 1.7.74).

[3] Inserted by A.P. Act 1 of 1962, Section 4.