The
Mahatma Gandhi Divyang University, Jodhpur Act, 2023
[05th
September 2023]
An Act to establish and
incorporate Mahatma Gandhi Divyang University at Jodhpur in the State of
Rajasthan and to provide for the matters connected therewith or incidental
thereto.
Be it enacted by the
Rajasthan State Legislature in the Seventy-fourth Year of the Republic of
India, as follows:-
Section - 1. Short title, extent and commencement
(1)
This Act may be called the Mahatma Gandhi
Divyang University, Jodhpur Act, 2023.
(2)
It extends to the whole of the State of
Rajasthan.
(3)
It shall come into force at once.
Section - 2. Definitions
In this Act, unless the
subject or context otherwise requires,-
(a)
"Academic Council" means the
Academic Council of the University as constituted under section 25;
(b)
"Advisory Council" means the
University Advisory Council constituted under section 21;
(c)
"Board" means the Board of
Management of the University constituted under section 23;
(d)
"Comptroller" means the Finance
officer of the University appointed under section 16;
(e)
"Faculty" means a Faculty of the
University;
(f)
"Finance Committee" means the
Finance Committee of the University constituted under section 29;
(g)
"prescribed" means prescribed by
the Statutes, Ordinances or Regulations;
(h)
"Pro-Vice-Chancellor" means the
Pro-Vice-Chancellor of the University appointed under section 14;
(i)
"Registrar" means the Registrar of
the University appointed under section15;
(j)
"Statutes", "Ordinances"
and "Regulations" mean the Statutes, Ordinances and Regulations of
the University made under sections 44, 46 and 48 respectively;
(k)
"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;
(l)
"teacher" means a person appointed
or recognized by the University for the purpose of imparting instruction or
conducting and guiding research and includes a person who may be declared by
the Statutes to be a teacher;
(m)
"University" means the Mahatma
Gandhi Divyang University, Jodhpur incorporated under section 3; and
(n)
"University Department" means a
Department maintained by the University.
Section - 3. Incorporation of the University
(1)
The Chancellor, the first Vice-Chancellor,
the first members of the Board of Management and the Academic Council of the
University and all persons who may hereafter become such officers or members so
long as they continue to hold such office or membership shall constitute a body
corporate by the name of "The Mahatma Gandhi Divyang University
Jodhpur" and shall have perpetual succession and a Common Seal and may, by
that name, sue and be sued.
(2)
The University shall be competent to acquire
and hold property, both movable and immovable, to lease, sell or otherwise
transfer or dispose of any movable or immovable property, which may vest in or
be acquired by it for the purposes of the University, and to contract and do
all other things necessary for the purposes of this Act:
Provided that no such lease,
sale, transfer or disposal of such property shall be made without the prior
approval of the State Government.
(3)
The headquarters of the University shall be
at Jodhpur which shall be the headquarters of the Vice-Chancellor.
(4)
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.
Section - 4. Jurisdiction
(1)
Notwithstanding anything contained in any law
for the time being in force, the jurisdiction of the University shall extend to
whole of the State of Rajasthan and all Colleges/Institutions of
Rehabilitation, except constituent colleges of other Universities, shall be
affiliated to the Mahatma Gandhi Divyang University, Jodhpur in accordance with
the Statutes, Ordinances and Regulations made under this Act.
(2)
The State Government may, by order in
writing-
(a)
require any institute, institution or college
within the territorial limits of the University 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 association with, or from admission to the
privileges of the University constituted by this Act any institute, institution
or college specified in the order which, in the opinion of the State
Government, is required to be self governing or to be associated with or
admitted to the privileges of, any other University or body.
(3)
The State Government may, in consultation
with the University, by notification published in the Official Gazette,
enumerate any Government College situated in the jurisdiction of the University
to be a constituent college of the University. All the movable and immovable
properties of such college shall then vest in the University and the officers,
teachers and employees of such college, after being found suitable through
screening and on fulfilling such terms and conditions as may be laid down in
the notification, shall be deemed to be the officers, teachers or, as the case may
be, employees of the University.
Section - 5. Objects of University
The University shall be
deemed to have been established and incorporated for the purpose, among others,
of-
(a)
to develop the University into a national
centre of teaching, training and research in the field of Rehabilitation;
(b)
to disseminate and advance knowledge by
providing instructional and research facilities in the field of Rehabilitation;
(c)
to develop professionals with excellence;
(d)
to facilitate and promote studies, research
and extension work in the emerging areas including rehabilitation courses with
focus on Benchmark Disabilities, rehabilitation engineering/technology,
community based rehabilitations, rehabilitation psychology, speech therapy,
rehabilitation therapy, vocational counseling and rehabilitation, Yoga and
Panchakarma therapy, sociology/social work/administration etc. through
conventional teaching and distance education system;
(e)
to advance and disseminate learning and
knowledge on disability and related issues, including general education by
regular and distance mode of education;
(f)
to develop in the students and research
scholars a sense of responsibility to serve society in the field of disability
by developing skills in regard to special education, vocational and general
education;
(g)
to empower physically challenged students and
provide them higher education in an accessible environment along with other
students;
(h)
to hold examinations and confer degrees and
other academic distinctions; and
(i)
to do all such things as are incidental,
necessary or conducive to the attainment of all or any of the objectives of the
University.
Section - 6. Admission to the University
(1)
The University shall, subject to the
provisions of this Act, Statutes, Ordinances and Regulations, be open to all
persons.
(2)
Nothing contained in sub-section (1) shall
require the University-
(a)
to admit to any course of study any person
who does not possess the prescribed academic qualification or standard; or
(b)
to retain on the rolls of the University any
student whose academic record is below the minimum standard required for the
award of a degree, diploma or other academic distinction; or
(c)
to admit any person or retain any student
whose conduct is prejudicial to the interests or discipline of the University
or the rights and privileges of other students and employees; or
(d)
to admit to any course of study students
larger in number than those prescribed.
(3)
Subject to the provisions of sub-section (2),
reservation of seats in admission for the students belonging to the Scheduled
Castes, Scheduled Tribes and Backward Classes, More Backward Classes,
Economically wreaker section and women students shall be made in accordance
with the provisions of any law for the time being in force or in accordance
with the policy of the State Government.
Section - 7. Powers and functions of the University
The University shall have
the following powers and functions, namely:-
(i)
to administer and manage the University and
such centers for research, education and instruction as are necessary for the
furtherance of the objectives of the University;
(ii)
to affiliate such colleges and other
institutes of the State who, in addition to routine branches of knowledge
provide special education as per norms of the rehabilitation Council of India,
as the University may deem fit, hold examinations and to confer degrees and
grant diplomas or certificates and other academic distinctions to such
conditions as the University may determine. The affiliation can be withdrawn
subject to violation of the above conditions;
(iii)
to provide for instruction in such branches
of knowledge of learning pertaining to disability, as the University may deem
fit and to make provision for research and for the advancement and dissemination
of knowledge of disability;
(iv)
to sponsor and undertake research in all
aspects of disability and social development;
(v)
to prescribe qualifications and to regulate
the admission of students to the University for a course of study for a degree
or a diploma;
(vi)
to organize and undertake extra mural
teaching and extension services;
(vii)
to hold examinations and to grant diplomas or
certificates, and to confer degrees and other academic distinctions on persons
subject to such conditions as the University may determine and to withdraw any
such diplomas, certificates, degree or other academic distinctions for good and
sufficient cause;
(viii)
to confer honorary degree or other
distinctions in such manner as may be prescribed;
(ix)
to fix, demand and receive fees and other
charges;
(x)
to institute and maintain halls and hostels
and to recognize places of residence for the students of the University and to
withdraw such recognition accorded to any such place of residence;
(xi)
to supervise and control the residence, and
to regulate the discipline, of the students of the University and to make
arrangements for promoting their health;
(xii)
to make arrangements in respect of the
residence, discipline and teaching of students;
(xiii)
to create academic, technical,
administrative, ministerial and other posts with the prior approval of the
State Government;
(xiv)
to regulate and enforce discipline among the
employees of the University and to take such disciplinary measures as may be
deemed necessary;
(xv)
to institute teaching, research and other
posts required by the University and to make appointments thereto;
(xvi)
to receive grants, subventions,
subscriptions, donations and gifts for the purpose of the University and
consistent with the objects for which the University is established and to
enter into any agreement with the Central Government, the State Government, the
University Grants Commission or other authorities or bodies for receiving any
grants;
(xvii)
to institute and award fellowships,
scholarships, prizes and medals;
(xviii)
to provide for printing, reproduction and
publication of research and other works and to organize exhibitions;
(xix)
to co-operate with any other organization in
the matter of education, training and research in disability, social
development and allied subjects for such purposes as may be agreed upon on such
terms and conditions as the University may from time to time determine;
(xx)
to co-operate with institutions of higher
learning in any part of the world having objects wholly or partially similar to
those of the University, by exchange of teachers and scholars and generally in
such manner as may be condusive to the common objects;
(xxi)
to regulate expenditure and to manage the
accounts of the University;
(xxii)
to establish and maintain, within the
premises of the University or elsewhere, such classrooms and study halls as the
University may consider necessary and adequately furnish the same and to
establish and maintain such libraries and reading rooms as they appear
convenient or necessary for the University;
(xxiii)
to purchase, acquire, take on lease or accept
as gift or otherwise, any land or building or works, which may be necessary or
convenient for the purpose of the University, on such terms and conditions as
it may think fit and proper, and to construct, or to alter and maintain any
such building or works;
(xxiv)
to sell, exchange, lease otherwise dispose of
all or any portion of the properties of the University, movable or immovable,
on such terms as it may deem fit and proper without prejudice to the interest
and activities of the university:
Provided that where the
properties have been created with the financial assistance of the State or the
Central Government, prior approval of the State Government shall be necessary;
(xxv)
to draw and accept, to make and endorse to
discount and negotiate, Government of India and other promissory notes, bills
of the exchange, cheques or other negotiable instruments;
(xxvi)
to execute conveyances, transfer,
reconveyances, mortgages, leases, licenses and agreements in respect of
property, movable or immovable including government securities belonging to the
University or to be acquired for the purpose of the University with prior
approval of the State Government;
(xxvii)
to appoint in order to execute an instrument
or transact any business of the University, any person as it may deem fit;
(xxviii)
to enter into any agreement with Central
Government, State Government, the University Grants Commission or other
authorities for receiving grants;
(xxix)
to raise and borrow money on bonds,
mortgages, promissory notes or other obligations or securities, funded 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 deem fit and to pay,
out of the funds of the University all expenses incidental to the raising of
the money and to repay and redeem any money borrowed;
(xxx)
to invest the fund of the University or fund
entrusted to the University in or upon such securities and in such manner as it
may deem fit and from time to time transpose any investment;
(xxxi)
to constitute for the benefit of the
academic, technical, administrative and other staff, in such manner and subject
to such conditions as may be prescribed by the Statutes, such as pension,
insurance, provident fund and gratuity as it may deem fit and to make such
grants as it may think fit for the benefit of any employees of the University
and to aid in establishment and support of the associations, institutions,
funds, trusts and conveyance calculated to benefit the staff and the students
of the University; and
(xxxii)
to do all such other acts and things as the
University may consider necessary, conducive or incidental to the attainments
or enlargements of all or any of its objectives.
Section - 8. Chancellor
(1)
The Governor of the State of Rajasthan shall,
by virtue of his office, be the Chancellor of the University.
(2)
The Chancellor shall be the Head of the
University and shall, when present, preside at the convocations thereof and
confer degrees, diplomas or other academic distinctions upon persons entitled
to receive them.
(3)
The Chancellor may on his own motion or on
application call for and examine the record of any officer or authority of the
University in respect of any proceeding to satisfy himself as to the regularity
of such proceeding or the correctness, legality or propriety of any decision
taken or order made therein; and if in any case, it appears to the Chancellor
that any such decision or order should be modified, annulled, reversed or
remitted for reconsideration, he may pass orders accordingly:
Provided that every
application to the Chancellor for the exercise of the powers under this section
shall be preferred within three months from the date on which the proceeding,
decision or order to which the application relates was communicated to the
applicant:
Provided further that no
order prejudicial to any person shall be passed unless such person has been
given an opportunity of making his representation.
(4)
The Chancellor shall exercise such other
powers and perform such other functions as may be conferred on or assigned to
him by or under this Act.
Section - 9. Visitation
(1)
The Chancellor shall have the right to cause
an inspection, to be made by such person or persons, as he may direct-
(a)
of the University, its buildings,
laboratories, libraries, museums, workshops and equipments; or
(b)
of any institute, institution or hostel
maintained by the University; or
(c)
of the teaching and other work conducted or
done by the University; or
(d)
of the conduct of any examination held by the
University.
(2)
The Chancellor shall also have the right to
cause an inquiry to be made by such person or persons as he may direct in
respect of any matter connected with the University.
(3)
The Chancellor shall, in every case, give
notice to the University of his intention to cause an inspection or inquiry to be
made and the University shall be entitled to be represented at such inspection
or inquiry.
(4)
The Chancellor shall communicate to the
University his views with reference to the result of such inspection or inquiry
and may, after ascertaining the opinion of the University thereon, advise the
University upon the action to be taken and fix a time limit for taking such
action.
(5)
The University shall, within the time limit
so fixed, report to the Chancellor the action taken or proposed to be taken on
the advice tendered by the Chancellor.
(6)
If the University does not take action within
the time limit fixed, or if the action taken by the University is, in the
opinion of the Chancellor, not satisfactory, the Chancellor may, after
considering any explanation offered or representation made by the University,
issue such direction as he may deem fit and the University shall comply with
such direction.
(7)
If the University does not comply with such
direction issued as per sub-section (6) within such time as may be fixed in
that behalf by the Chancellor, the Chancellor shall at his discretion have
power to appoint any person or body to implement such direction and make such
order as may be necessary for the expenses thereof.
Section - 10. Officers and Authorities of the University
The following shall be the
officers and authorities of the University, namely:-
(a)
Officers of the University-
(i)
the Vice-Chancellor;
(ii)
the Pro-Vice-Chancellor;
(iii)
the Registrar;
(iv)
the Comptroller;
(v)
the Estate Officer;
(vi)
the Dean of Student Welfare;
(vii)
the Deans of Faculties; and
(viii)
such other persons in the service of the
University as may be declared by the Statutes to be the officers of the
University.
(b)
Authorities of the University-
(i)
the Advisory Council;
(ii)
the Board of Management;
(iii)
the Academic Council;
(iv)
the Faculties;
(v)
the Board of Studies;
(vi)
the Finance Committee; and
(vii)
such other authorities as may be declared by
the Statutes to be the authorities of the University.
Section - 11. Vice-Chancellor
(1)
The Vice-Chancellor shall be a whole time
paid officer of the University.
(2)
No person shall be eligible to be appointed
as Vice-Chancellor unless he is, distinguished academician having a minimum of
ten years experience as Professor in a University or college or ten years
experience in an equivalent position in a reputed research and/or academic,
administrative organization and, of a highest level of competence, integrity,
morals and institutional commitment.
(3)
The Vice-Chancellor shall be appointed by the
Chancellor in consultation with the State Government from amongst the persons
included in the panel recommended by the Search Committee consisting of-
(a)
one person nominated by the Board;
(b)
one person nominated by the Chairman,
University Grants Commission;
(c)
one person nominated by the Chancellor; and
(d)
one person nominated by the State Government,
and the Chancellor shall appoint one of these persons to be the Chairman of the
Committee.
(4)
An eminent person in the sphere of higher
education not connected with the University and its colleges shall only be
eligible to be nominated as the member of the Search Committee.
(5)
The Search Committee shall prepare and
recommend a panel of not less than three persons and not more than five persons
to be appointed as Vice-Chancellor.
(6)
For the purpose of selection of the
Vice-Chancellor, the Search Committee shall invite applications from eligible
persons through a public notice and while considering the names of persons to
be appointed as Vice-Chancellor, the Search Committee shall give proper
weightage to academic excellence, exposure to the higher education system in
the country and adequate experience in academic and administrative governance
and record its findings in writing and enclose the same with the panel to be
submitted to the Chancellor.
(7)
The term of the office of the Vice-Chancellor
shall be three years from the date on which he enters upon his office or until
he attains the age of seventy years, whichever is earlier:
Provided that the same
person shall be eligible for reappointment for a second term.
(8)
The Vice-Chancellor shall receive such pay
and allowances as may be determined by the State Government. In addition to it,
he shall be entitled to free furnished residence maintained by the University
and such other perquisites as may be prescribed.
(9)
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 (3), 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 (10).
(10)
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 subsection (9), the Registrar shall
forthwith report the matter to the Chancellor who shall make, on the advice of
the State Government, arrangement for the carrying on of the functions of the
office of the Vice-Chancellor by any other Vice-Chancellor of a State
University.
(11)
The Vice-Chancellor may at any time
relinquish office by submitting, not less than sixty days in advance of the
date on which he wishes to be relieved, his resignation to the Chancellor.
(12)
Such resignation shall take effect from the
date determined by the Chancellor and conveyed to the Vice-Chancellor.
(13)
Where a person appointed as the
Vice-Chancellor was in employment before such appointment in any other college,
institution or University, he may continue to contribute to the provident fund
of which he was a member in such employment and the University shall contribute
to the account of such person in that provident fund.
(14)
Where the Vice-Chancellor had been in his
previous employment, a member of any insurance or pension scheme, the
University shall make a necessary contribution to such scheme.
(15)
The Vice-Chancellor shall be entitled to
travelling and daily allowance at such rates as may be fixed by the Board.
(16)
The Vice-Chancellor shall be entitled to
leave as under:-
(a)
leave on full pay at the rate of one day for
every eleven days of active service; and
(b)
leave on half pay at the rate of twenty days
for each completed year of service:
Provided that leave on half
pay may be commuted as leave on full pay on production of medical certificate.
(17)
Notwithstanding anything contained in the
foregoing provisions of this section, the first Vice-Chancellor of the
University shall be appointed by the Chancellor after consultation with the
State Government for a period not exceeding three years on such terms and
conditions as the Chancellor may determine.
(18)
The Vice-Chancellor shall be the principal
academic, administrative and executive officer of the University and shall
exercise overall supervision and control over the affairs of the University. He
shall have all such powers as may be necessary for true observance of the
provisions of this Act and Statutes.
(19)
The Vice-Chancellor shall, where immediate
action is called for, have power to make an order so as to exercise any power
or perform any function which is exercised or performed by any Authority under
this Act or the Statutes:
Provided that such action
shall be reported to the Authority as would have in the ordinary course dealt
with the matter for approval:
Provided further that if the
action so reported is not approved by such Authority not being the Board, the
matter shall be referred to the Board, whose decision shall be final and in
case of the Authority being the Board, the matter shall be referred to the
Chancellor whose decision shall be final.
(20)
The Vice-Chancellor may, on being satisfied
that any action taken or order made by any Authority is not in the interest of
the University or beyond the powers of such Authority, require the Authority to
review its action or order. In case the Authority refuses or fails to review
its action or order within sixty days of the date on which the Vice-Chancellor
has so required, the matter may be referred to the Board or to the Chancellor,
as the case may be, for final decision.
Section - 12. Removal of Vice-Chancellor
(1)
If in the opinion of the Chancellor, the Vice
Chancellor wilfully omits or refuses to carry out the provisions of this Act or
abuses the powers vested in him, or if otherwise appears to the Chancellor that
the continuance of the Vice-Chancellor in office is detrimental to the interest
of the University, the Chancellor may, after making such inquiry as he deems
proper, by order, remove the Vice-Chancellor:
Provided that the Chancellor
may, at any time before making such order, place the Vice-Chancellor under
suspension, pending enquiry:
Provided further that no
order shall be made by the Chancellor unless the ViceChancellor has been given
a reasonable opportunity of showing cause against the action proposed to be
taken against him.
(2)
During the pendency or in contemplation, of
any inquiry referred to in sub-section (1) the Chancellor may order that till
further order-
(a)
such Vice-Chancellor shall refrain from
performing the functions of the office of Vice-Chancellor, but shall continue
to get the emoluments to which he was otherwise entitled;
(b)
the functions of the office of the
Vice-Chancellor shall be performed by the person specified in the order.
Section - 13. Powers and duties of the Vice-Chancellor
(1)
The Vice-Chancellor shall be the principal
executive and academic officer of the University and shall, in the absence of
the Chancellor, preside at the convocations of the University.
(2)
The Vice-Chancellor shall be ex-officio
Chairman of the Board and Academic Council.
(3)
The Vice-Chancellor shall be responsible for
presenting to the Board for its deliberations and consideration, matters of
concern to the University. He shall have power to convene the meetings of the
Board and the Academic Council and such other authorities and bodies as may be
prescribed.
(4)
The Vice-Chancellor shall exercise general
control over the affairs of the University and shall be responsible for the due
maintenance of discipline in the University.
(5)
The Vice-Chancellor shall ensure the faithful
observance of the provisions of this Act and the Statutes, Ordinances and
Regulations and shall possess all such powers as may be necessary for the
purpose.
(6)
In an emergency, which in the opinion of the
Vice-Chancellor requires immediate action to be taken, he shall take such
action as he deems necessary and shall at the earliest opportunity report the
action taken to the officer, authority or other body who or which in the
ordinary course would have dealt with the matter.
(7)
Where any action taken by the Vice-Chancellor
under sub-section (6) affects any person in the service of the University to
his disadvantage, such person may prefer an appeal to the Board within thirty
days of the date on which the action is communicated to him.
(8)
Subject as aforesaid, the Vice-Chancellor
shall give effect to the orders of the Board regarding the appointment,
suspension and dismissal of officers, teachers and other employees of the
University.
(9)
The Vice-Chancellor shall be responsible for
close coordination and integration of teaching, research and other work and
shall exercise such other powers as may be prescribed.
Section - 14. Pro-Vice-Chancellor
The Pro-Vice-Chancellor of
the University shall be appointed in such manner, for such period, on such
terms and conditions and shall exercise such powers and perform such functions
as may be prescribed by the Statutes.
Section - 15. Registrar
(1)
The Registrar shall be the Chief
Administrative Officer of the University. He shall work directly under the
superintendence, direction and control of the Vice-Chancellor.
(2)
Notwithstanding anything contained in this
Act or any other law for the time being in force, the Registrar shall be
appointed by the State Government on deputation from amongst the officers of
the Rajasthan Administrative Service (not below selection scale).
(3)
The Registrar shall be the ex-officio
Member-Secretary to the Board, the Academic Council and any other authority
declared by the Statutes to be the Authority of the University.
(4)
It shall be the duty of the Registrar-
(a)
to be the custodian of the records, the
Common Seal and such other properties of the University as the Board shall
commit to his charge; and
(b)
to issue all notices convening meetings of
the Board, the Academic Council, the Faculties, the Board of Studies, and of
any committee appointed by the authorities of the University.
(5)
(i) Where any proceedings or resolution of
the Board or order of the Vice Chancellor is inconsistent with the provisions
of this Act and the Statutes made thereunder, it shall be the duty of the
Registrar to tender advice to the Board or the Vice-Chancellor mentioning the
relevant provisions and record in the proceedings to the meeting of the Board
or on the order of the Vice-Chancellor the fact that he had tendered such
advice and thereupon put up a note of dissent on such proceedings, resolution,
the order or as the case may be, and ensure the communication of the matter to
the Chancellor or any officer authorized by him in this behalf within seven
days of passing such resolution or order, or as the case may be, undertaking
such proceedings.
(ii) After examining the
note of dissent reported under sub-clause (i), the Chancellor or the officer
authorized in this behalf by him, may make such interim or final order as he
thinks fit, which shall be binding on the University:
Provided that if no such
interim or final order is passed within a period of thirty days from the date
of receipt of the dissent note, the Board or, as the case may be,
Vice-Chancellor may proceed with the proceedings or the resolution or, as the
case may be, the order as if the dissent note was not put up.
(6)
The Registrar shall be responsible to ensure
the compliance of the provisions of section 43.
(7)
The Registrar shall exercise such powers and
perform such other functions and discharge such other duties as may be
prescribed or required of him from time to time by the Vice-Chancellor or by
the Board.
Section - 16. Comptroller
(1)
The Comptroller shall be the principal
finance, accounts and audit officer of the University. He shall work directly
under the control of the ViceChancellor.
(2)
Notwithstanding anything contained in this
Act or any other law for the time being in force, the Comptroller shall be
appointed by the State Government on deputation from amongst the officers of
the Rajasthan Accounts Service (not below selection scale).
(3)
The Comptroller shall be the ex-officio
Member-Secretary to the Finance Committee.
(4)
The Comptroller shall-
(a)
exercise general supervision over the funds
of the University and shall advise the University as regards its financial
policy;
(b)
to manage the property and investments of the
University including trust and endowed property in accordance with the decision
of the Finance Committee and the Board; and
(c)
exercise such other powers and perform such
other financial functions, as may be assigned to him by the Board, or as may be
prescribed:
Provided that the Comptroller
shall not incur any expenditure or make any investment exceeding such amount as
may be prescribed except with the prior approval of the Board.
(5)
Subject to the control of the Board, the
Comptroller shall-
(a)
ensure that the limits fixed by the Board for
recurring and non-recurring expenditure for a year are not exceeded and that
all moneys are expended for the purposes for which they are granted or
allotted;
(b)
be responsible for the preparation of annual
accounts, financial estimates and the budget of the University and for their
presentation to the Finance Committee and the Board;
(c)
keep a constant watch on the cash and bank
balances and of investments;
(d)
watch the progress of the collection of
revenue and advise on the methods of collection employed;
(e)
ensure that the registers of buildings, land,
furniture and equipments are maintained up-to-date, and that stock checking is
conducted in respect of equipments and other consumable materials in all
offices, laboratories, colleges and institutions maintained by the University;
(f)
ensure that no expenditure not authorized in
the budget is incurred by the University otherwise than by way of investment
and to bring to the notice of the Vice-Chancellor and the Registrar any
unauthorized expenditure or other financial irregularity and suggest
appropriate action to be taken against persons at fault;
(g)
disallow any expenditure which may contravene
the terms of any statute or for which provision is required to be made by a
statute but has not been made;
(h)
call from any office, laboratory, college or
institution maintained by the University, any information or returns as he may
consider necessary for the exercise of his powers, performance of his functions
or discharge of his duties; and
(i)
ensure the compliance of the provisions of
sections 35, 36 and 37.
Section - 17. Estate Officer and Dean of Student Welfare
(1)
The Board may appoint any one or more of the
following officers, namely:-
(a)
the Estate Officer; and
(b)
the Dean of Student Welfare.
(2)
The Estate Officer shall be in charge of all
the buildings, lawns, gardens and other immovable property of the University.
(3)
The Dean of Student Welfare shall have the
following duties:-
(a)
to make arrangements of the housing of
students;
(b)
to direct a programme of students counseling;
(c)
to arrange for employment of students in
accordance with plans approved by the Vice-Chancellor;
(d)
to supervise the extra-curricular activities
of the students;
(e)
to assist in the placement of the graduates
of the University; and
(f)
to organize and maintain contact with the
alumni of the University.
Section - 18. Deans of faculties and their functions
(1)
There shall be a Dean of each faculty.
(2)
The Deans of faculties shall be appointed by
the Vice-Chancellor in a manner as may be prescribed.
(3)
The Deans shall perform such functions as may
be prescribed by the Statutes.
Section - 19. Other officers and employees
The mode of appointment and
the functions of other officers mentioned in clause (a) of section 10 and of
the employees of the University shall be as provided in this Act or as
prescribed by Statutes, Ordinances and Regulations.
Section - 20. Remuneration of officers and employees
No officer or employee of
the University shall be offered nor shall he accept any remuneration for any
work in the University save as may be provided for in the Statutes.
Section - 21. Constitution and composition of the Advisory Council
(1)
There shall be an Advisory Council of the
University which shall consist of the following members, namely:-
(i)
a person of national eminence in the field of
welfare of specially abled persons, to be appointed by the Chancellor, who
shall be the Chairperson of the Advisory Council;
(ii)
the Vice-Chancellor;
(iii)
Secretary in charge of Social Justice and
Empowerment Department or his nominee not below the rank of a Deputy Secretary
to the Government;
(iv)
Secretary in charge of Higher and Technical
Education Department or his nominee not below the rank of a Deputy Secretary to
the Government;
(v)
Secretary in charge of Medical and Health
Department or his nominee not below the rank of a Deputy Secretary to the
Government;
(vi)
Secretary in charge of Ayurveda Department or
his nominee not below the rank of a Deputy Secretary to the Government;
(vii)
the Vice-Chancellor, Jai Narain Vyas
University Jodhpur;
(viii)
the Vice-Chancellor, Vardhman Mahaveer Open
University, Kota;
(ix)
the Chief of Administration, Indian Institute
of Management, Udaipur;
(x)
Director, All India Institute of Medical
Sciences (AIIMS), Jodhpur,
(xi)
Commissioner/Director, Specially Abled
Persons, Social Justice and Empowerment Department, Rajasthan, Jaipur;
(xii)
the Director of the National Institute for
Persons with Physical Disabilities, Government of India or his nominee;
(xiii)
the Director of the National Institute for
the Empowerment of Persons with Intellectual Disabilities, Government of India
or his nominee;
(xiv)
the Director of the National Institute for
Speech and Hearing Disabilities, Government of India or his nominee;
(xv)
the Director of the National Institute for
the Empowerment of Persons with Visual Disabilities, Government of India or his
nominee;
(xvi)
the Chairperson, Rehabilitation Council of
India or his nominee;
(xvii)
five academicians in the field of Higher
Education, to be nominated by the State Government for a period of three years;
(xviii)
five eminent persons belonging to the field
of Medical or Rehabilitation, to be nominated by the State Government for a
period of three years; and
(xix)
the Registrar of the University,
Member-Secretary.
Explanation.- For the
purpose of clauses (iii), (iv), (v) and (vi), "Secretary in charge"
means the Secretary in charge of the Department and includes an Additional
Chief Secretary and a Principal Secretary when he is in charge of a department.
(2)
One-third members present at a meeting of the
Advisory Council shall constitute the quorum for meeting.
(3)
The Chairperson of the Advisory Council shall
perform such functions and exercise such powers as are provided in this Act or
as may be prescribed.
(4)
The members shall serve without any
additional pay but shall be entitled to daily allowance and travelling expenses
as may be prescribed.
(5)
The minutes of meeting of the Advisory
Council shall be recorded and maintained by the Member-Secretary of the
Advisory Council.
Section - 22. Duties and functions of the Advisory Council
The duties and functions of
the Advisory Council shall be as follows:-
(a)
to review from time to time, the broad
policies and programmes of the University and to suggest measures for the
improvement and development of the University in regard to the attainment of
the objects;
(b)
to advise the Vice-Chancellor in respect of
any matter that may guide the University in respect of its objects; and
(c)
such other duties or functions as may be
prescribed by the Statutes.
Section - 23. Constitution and composition of the Board of Management
(1)
The Board shall be the highest executive body
of the University and shall consist of the following members, namely:-
(I)
the Vice-Chancellor of the University-
Chairman;
(II)
Ex-officio Members-
(i)
the Secretary in charge of Finance Department
or his nominee not below the rank of a Deputy Secretary to the Government;
(ii)
the Secretary in charge of Social Justice and
Empowerment Department or his nominee not below the rank of a Deputy Secretary
to the Government;
(iii)
the Secretary in charge of Higher and
Technical Education Department or his nominee not below the rank of a Deputy
Secretary to the Government;
(iv)
the Secretary in charge of Labour and Skill
Department or his nominee not below the rank of a Deputy Secretary to the
Government;
(v)
the Secretary in charge of Medical and Health
Department or his nominee not below the rank of a Deputy Secretary to the
Government;
(vi)
the Secretary in charge of School Education
Department or his nominee not below the rank of a Deputy Secretary to the
Government;
(vii)
the Secretary in charge of Ayurveda
Department or his nominee not below the rank of a Deputy Secretary to the
Government;
(viii)
the Commissioner/Director, Specially abled
persons, Social Justice and Empowerment, Government of Rajasthan;
(ix)
the Director, Indian Institute of Technology,
Jodhpur;
(x)
the Commissioner/Director, of College
Education, Government of Rajasthan;
(xi)
the Vice-Chancellor, Jai Narain Vyas
University, Jodhpur;
(xii)
the Pro-Vice-Chancellor; and
(xiii)
the Registrar of the University,
Member-Secretary;
Explanation.- For the
purpose of clauses (i) to (vii) "Secretary in charge" means the
Secretary in charge of the Department and includes an Additional Chief
Secretary and a Principal Secretary when he is in charge of a department;
(III)
Nominated Members-
(i)
two persons nominated by the Vice-Chancellor
from amongst the Deans/Head of the Departments for one year;
(ii)
two University Professors nominated by the
Chancellor for one year;
(iii)
two eminent educationists to be nominated by
the Chancellor for three years;
(iv)
two members of State Legislature to be
nominated by the State Government for three years; and
(v)
two eminent educationists to be nominated by
the State Government for three years.
(2)
One-third members present at a meeting of the
Board shall constitute the quorum for meeting.
(3)
The Chairman of the Board shall perform such
functions and exercise such powers as are provided in this Act or as may be
prescribed.
(4)
The members shall serve without any
additional pay but shall be entitled to daily allowance and travelling expenses
as may be prescribed.
(5)
The minutes of meeting of the Board shall be
recorded and maintained by the Member-Secretary of the Board.
Section - 24. Duties and functions of the Board
The duties and functions of
the Board shall be as follows:-
(a)
to approve and sanction the budget of the
University;
(b)
to acquire, to dispose of, to hold and to
control the property and funds of the University and issue any general or
special direction on behalf of the University;
(c)
to accept the transfer of any movable or
immovable property on behalf of the University;
(d)
to administer any funds placed at the
disposal of the University for the specific purposes;
(e)
to invest money belonging to the University;
(f)
to appoint the members of the academic,
administrative and other staff of the University in such manner as may be
prescribed;
(g)
to direct the form and use of the Common Seal
of the University;
(h)
to appoint such committees, either standing
or temporary, as it deems necessary for its proper functioning;
(i)
to borrow money for capital improvements and
make suitable arrangements for its repayment;
(j)
to meet at such times and as often as it
deems necessary, provided however, that the regular meeting of the Board shall
be held at least once in every three months;
(k)
to make Statutes, Ordinances and Regulations
in the manner prescribed in this Act for smooth functioning of the University;
and
(l)
to regulate and determine all matters
concerning the University in accordance with this Act and the Statutes and to
exercise such powers and to discharge such duties as may be conferred or
imposed on it by this Act and the Statutes.
Section - 25. Academic Council
(1)
There shall be an Academic Council of the
University, consisting of the following as members, namely:-
(a)
the Vice-Chancellor -Ex-officio Chairman;
(b)
the Pro-Vice-Chancellor;
(c)
Deans of Faculties;
(d)
one Professor from each faculty to be
nominated by the Vice-Chancellor;
(e)
the Secretary in charge of Social Justice and
Empowerment Department or his nominee not below the rank of a Deputy Secretary
to the Government of Rajasthan;
(f)
the Secretary in charge of Higher and
Technical Education Department or his nominee not below the rank of a Deputy Secretary
to the Government of Rajasthan;
(g)
Chairmen, Boards of Studies;
(h)
two persons having special attainment in the
field of rehabilitation studies not being employees of the University, one to
be nominated by the Chancellor and the other by the State Government; and
(i)
the Registrar of the University,
Member-Secretary.
Explanation.- For the
purpose of clauses (e) and (f), "Secretary in charge" means the
Secretary in charge of the Department and includes an Additional Chief
Secretary and a Principal Secretary when he is in charge of a department.
(2)
The term of office of nominated members shall
be two years.
Section - 26. Functions of the Academic Council
(1)
Subject to the provisions of this Act, the
Statutes, the Ordinances and Regulations, the Academic Council shall have the
control and general regulation of the academic affairs and be responsible for
the maintenance of standards of instructions and examinations in the University
and for the requirements for the award of degrees and diplomas. The Academic
Council shall-
(i)
exercise control over the academic policies
of the University and be responsible for the maintenance and improvement of
standards of instruction, education and evaluation in the University;
(ii)
consider matters of general academic interest
either on its own initiative or on a reference from the faculty of the
University or the Board and to take appropriate action thereon; and
(iii)
recommend to the Board, such Regulations as
are consistent with this Act regarding the academic functioning of the
University including discipline of students.
(2)
The Academic Council shall exercise such other
powers and perform such other duties as may be conferred or imposed upon it by
the Statutes and shall advise the Vice Chancellor on all academic matters.
Section - 27. Composition and functions of the faculties
(1)
There shall be such faculties in the University
as may be prescribed by the Statutes.
(2)
Each faculty shall consist of the following:-
(a)
Dean of the Faculty - Chairman;
(b)
University professors of the subjects
assigned to the Faculty;
(c)
Chairmen of the Boards of Studies in the
Faculty; and
(d)
two external experts nominated by the
Academic Council.
(3)
The Faculty shall perform such functions as
may be prescribed by the Statutes.
Section - 28. Board of Studies
(1)
There shall be such number of Boards of
Studies as may be determined by the Statutes.
(2)
A Board of Studies shall be constituted in
the manner, consist of such members, exercise such powers and perform such
functions as may be prescribed.
Section - 29. Finance Committee
(1)
The Finance Committee shall consist of the
following members, namely:-
(a)
the Vice-Chancellor, who shall be the
Chairman of the Committee;
(b)
the Secretary in charge of Finance
Department, or his nominee not below the rank of a Deputy Secretary to the
Government;
(c)
the Secretary in charge of Social Justice and
Empowerment Department, or his nominee not below the rank of a Deputy Secretary
to the Government;
(d)
the Secretary in charge of Medical and Health
Department, or his nominee not below the rank of a Deputy Secretary to the
Government;
(e)
the Pro-Vice-Chancellor;
(f)
one member of the Board, to be nominated by
the Board from amongst its non-official members;
(g)
two professors, by rotation, to be nominated
by the Board; and
(h)
the Comptroller, who shall be the
Member-Secretary of the Committee.
Explanation.- For the
purpose of clauses (b), (c) and (d), "Secretary in charge" means the
Secretary in charge of the Department and includes an Additional Chief
Secretary and a Principal Secretary when he is in charge of a department.
(2)
The term of office of the members nominated
under clauses (f) and (g) shall be two years.
Section - 30. Functions of Finance Committee
Subject to the other
provisions of this Act, the Finance Committee shall broadly perform the
following functions, namely:-
(i)
to examine the annual accounts and annual
budget estimates of the University and to advise the Board thereon;
(ii)
to review from time to time the financial
position of the University;
(iii)
to make recommendations to the Board on all
financial policy matters of the University;
(iv)
to make recommendations to the Board on all
proposals involving raising of funds, receipts and expenditure;
(v)
to provide guidelines for investment of
surplus funds;
(vi)
to make recommendations to the Board on all
proposals involving expenditure for which no provision has been made in the
budget or for which expenditure in excess of the amount provided in the budget
needs to be incurred;
(vii)
to examine all proposals relating to the
revision of pay-scales, upgradation of the scales and those items which are not
included in the budget prior to placing before the Board; and
(viii)
to exercise such other powers and perform
such other functions as may be conferred or imposed upon it by the Regulations.
Section - 31. Teaching of the University
(1)
All teaching recognized by the University
shall be conducted in the University departments or its institutes and
institutions.
(2)
The authorities responsible for organizing
such teaching shall be such as may be prescribed.
(3)
The courses of study and curricula shall be
such as may be prescribed by Ordinances and, subject thereto, by the
Regulations.
Section - 32. Teachers and Officers of the University
(1)
The appointment of teachers and officers of
the University shall be made in accordance with provisions of the Rajasthan
Universities Teachers and Officers (Selection for Appointment) Act, 1974 (Act
No. 18 of 1974).
(2)
Except in cases provided for by the Statutes,
teachers and officers of the University shall be appointed under a written
contract. The contract shall be lodged with the Vice-Chancellor and a copy
thereof shall be furnished to the teacher or officer concerned. The contract
shall not be inconsistent with the provisions of this Act and the Statutes for
the time being in force in relation to the conditions of service.
Section - 33. Age of retirement
Subject to any provision in
the Statutes to the contrary or any directions or policy of the State
Government in this regard, all the employees of the University shall ordinarily
retire from service upon attaining the age of sixty years.
Section - 34. Pension or provident fund
(1)
For the benefit of its officers, teachers,
clerical staff and other employees, the University shall constitute, in such
manner and subject to such conditions as may be prescribed, such pension,
gratuity, insurance and provident fund as it may deem fit.
(2)
The provisions of the Provident Funds Act,
1925 (Central Act No. 19 of 1925), shall apply to a fund or an insurance scheme
as if it were a State Government fund or scheme and the University shall
contribute to or invest in such fund or scheme.
(3)
Provision shall be made in the Statutes to
ensure that staff members transferred from employment in the service of the
State shall have their accrued service benefits protected upon such transfer.
Section - 35. University fund
(1)
The University shall establish, maintain and
administer a fund to be called the University fund.
(2)
The following moneys shall form part of, and
be paid into, the University fund, namely:-
(a)
any contribution or grant by the State
Government;
(b)
income arising to the University from all
sources including income from fees and charges;
(c)
trusts, bequests, donations, endowments and
other grants, if any; and
(d)
such other money as may be prescribed by the
Statutes.
(3)
The matters to which the fund may be applied
and appropriated shall be those prescribed by this Act or the Statutes.
(4)
All expenses incurred under and in pursuance
of any provision contained in this Act shall be met out of the University fund.
(5)
The University shall have power to borrow, on
the security of the University properties and with the concurrence of the State
Government, money for the purposes of the University.
Section - 36. Accounts and audit
(1)
The annual accounts and balance sheet of the
University shall be prepared by the Comptroller under the direction of the
Vice-Chancellor and all moneys accruing to or received by the University from
whatever source and all amount disbursed or paid shall be entered in the
accounts.
(2)
The Comptroller shall, before such date as
may be prescribed by the Statutes, prepare the annual financial estimates for
the ensuing year.
(3)
The annual accounts and the annual financial
estimates prepared by the Comptroller shall be placed before the Board together
with the remarks of the Finance Committee for approval and the Board may pass
resolution with reference thereto and communicate the same to the Comptroller
who shall take action in accordance therewith.
(4)
The annual accounts shall be audited in the
prescribed manner by such auditors as the State Government may direct and the
cost of such audit shall be a charge on the University fund.
(5)
The accounts when audited shall be printed
and copies thereof, together with the audit report, shall be submitted by the
Vice-Chancellor to the Board which shall forward them to the State Government
with such comments as may be deemed necessary.
(6)
The University shall settle objections raised
in the audit and carry out such instructions as may be issued by the State
Government on the audit report.
Section - 37. Control of the State Government
Where the State Government
funds are involved, the University shall abide by the terms and conditions
attached to the sanction of such funds which may inter alia include prior
permission of the State Government in respect of the following, namely:-
(a)
creation of the new posts of teachers,
officers or other employees;
(b)
revision of the pay, allowances,
post-retirement benefits and other benefits to its teachers, officers and other
employees;
(c)
grant of any additional/special pay,
allowance or other extra remuneration of any description whatsoever, including
ex-gratia payment or other benefits having financial implications, to any of
its teachers, officers or other employees;
(d)
diversion of any earmarked funds other than
the purpose for which it was received;
(e)
transfer by sale, lease, mortgage or
otherwise of immovable property;
(f)
incur expenditure on any development work
from the funds received from the State Government for any purposes other than
for which the funds are received; and
(g)
take any decision resulting in increased
financial liability, direct or indirect, for the State Government.
Explanation.- The above
conditions shall also apply in respect of the posts created from any other
fund, which may, in the long term, be likely to cause financial implications to
the State Government.
Section - 38. Assumption of financial control by the State Government as emergency measure
(1)
The State Government shall have the right to
cause an inquiry to be made, by such person or persons as it may direct, and to
issue directions to the University, in respect of any matter connected with the
finances of the University, where State Government funds are concerned.
(2)
If the State Government is satisfied that
owing to mal-administration or financial mismanagement in the University a
situation has arisen whereby financial stability of the University has become
insecure, it may by a notification, declare that the finances of the University
shall be subject to the control of the State Government and shall issue such other
directions as it may deem fit for the purpose and the same shall be binding on
the University.
Section - 39. Supplementary provisions relating to membership
(1)
All casual vacancies among the members (other
than ex-officio members) of any authority or body of the University shall be
filled as soon as possible by appointment or nomination according as the member
whose place became vacant was appointed or nominated and the person appointed
or nominated to a casual vacancy shall be a member of such authority or body
for the residuary period of the term for which the person whose place he fills
would have continued but for the vacancy.
(2)
A person who holds any office in the
University by virtue of his holding any other office of the University or
otherwise shall hold such office as long as he holds the other office and
thereafter till his successor is duly nominated or appointed, as the case may
be.
(3)
The Board may remove any person not being an
officer of the University from membership of any authority or body or any
employee of the University on the grounds that such person or employee has been
convicted of an offence involving moral turpitude or for taking part in subversive
activities or for indulging in any act or acts unbecoming of the prestige of
the University:
Provided that no such person
or employee shall be removed under this sub-section unless he has been afforded
a reasonable opportunity of showing cause why he should not be so removed and
such cause has been considered by the Board:
Provided further that prior
approval of the State Government will be necessary for taking such action
against a member of any authority or body of the University, nominated by the State
Government.
(4)
If any question arises regarding any person
who has been appointed or nominated, as or is entitled to be, a member of any
authority of the University subordinate to the Board or regarding any decision
of the Board under this Act and the Statutes, the matter shall be referred to
the Chancellor for his decision, and the decision of the Chancellor shall be
final.
Section - 40. Proceedings of the University authorities and bodies not to be invalidated by reason of any vacancy
No act or proceeding of any
authority or body of the University shall be invalidated by reason of the
existence of a vacancy among its members or by reason of some person having
taken part in the proceedings who is subsequently found not to have been
entitled to do so.
Section - 41. Reference to Government officers to be construed in case of change of designation as reference to corresponding offices
Where any provision of this
Act or of the Statutes, Ordinances or Regulations refer to an officer of the
State Government by designation, then if that designation is altered or that
office ceases to exist, the reference shall be construed as a reference to the
altered designation, or as the case may be, to such corresponding officer as
the State Government directs.
Section - 42. Power to obtain information
Notwithstanding anything
contained in this Act or any other law for the time being in force, the State
Government may, by order in writing, call for any information from the
University on any matter relating to the affairs of the University and, the
University shall, if such information is available with it, furnish the State
Government with such information within a reasonable period.
Section - 43. Annual Report
The Annual Report of the
University shall be prepared under the direction of the Vice-Chancellor and
circulated among the members of the Board one month before the annual meeting
of the Board at which it is to be considered. The Annual Report, as approved by
the Board, shall be sent to the State Government for being laid on the table of
the House of the State Legislature.
Section - 44. Statutes
Subject to the provisions of
this Act, the Statutes may provide for any matter and shall, in particular,
provide for the following:-
(a)
the constitution, powers and duties of the
authorities of the University;
(b)
the appointment or nomination and continuance
in office of the members of the authorities of the University and all other
matters relating to these authorities for which it may be necessary or
desirable to provide;
(c)
the designation, manner of appointment,
powers, duties and service conditions of the officers of the University;
(d)
the classification and manner of appointment
of teachers and their service conditions and qualifications;
(e)
the constitution of pension, gratuity, insurance
and provident funds for the benefit of officers, teachers and other employees
of the University;
(f)
the conferment of honorary degrees;
(g)
the establishment, amalgamation, sub-division
and abolition of departments;
(h)
the establishment and abolition of hostels
maintained by the University;
(i)
the moneys to form part of and to be paid
into the University fund and the matters to which the fund may be applied and
appropriated;
(j)
the number and emoluments of teachers of the
University and the preparation and maintenance of a record of their services
and activities;
(k)
the remuneration and allowances including
travelling and daily allowances to be paid to persons employed in the business
of the University; and
(l)
all other matters which by this Act are
required to be or may be provided for or prescribed otherwise than by the
Ordinances and Regulations.
Section - 45. Statutes how made
(1)
The Statutes may be made, amended or repealed
by the Board in the manner hereinafter provided.
(2)
The Board may take into consideration the
draft of a Statute either at its own motion or on a proposal by any authority
of the University.
(3)
The Board, if it thinks necessary, may also
obtain the opinion of any officer, authority or body of the University in
regard to any draft Statute, which is before it for consideration.
(4)
Every Statute passed by the Board shall be
submitted to the Chancellor who may give or withhold his assent thereto or send
it back to the Board for reconsideration.
(5)
No Statute passed by the Board shall be valid
or shall come into force until assented to by the Chancellor.
(6)
Notwithstanding anything contained in the
foregoing sub-section, the Chancellor may, either suo motu or on the advice of
the State Government, direct the University to make provisions in the Statutes
in respect of any matter specified by him and if the Board fails to implement
such a direction within sixty days of its receipt, the Chancellor may, after
considering the reasons, if any, communicated by the Board for its inability to
comply with such direction, make or amend the Statutes suitably.
Section - 46. Ordinances
Subject to the provisions of
this Act and the Statutes, the Ordinances may provide for all or any of the
following matters, namely:-
(a)
the courses of study, admission or enrolment
of students, fee, qualifications or conditions requisite for any degree,
diploma, certificate or fellowship;
(b)
the conduct of examinations including the
appointment of examiners and their terms and conditions;
(c)
the conditions for residing in any hostel or
other place of residence run or maintained by the University, the levying of
charges therefor and other related matters;
(d)
the recognition and supervision of hostels
not run or maintained by the University; and
(e)
any other matter required by this Act or the
Statutes to be dealt by or under the Ordinances of the University.
Section - 47. Ordinances how made
(1)
The Board may make amend or repeal Ordinances
in the manner hereinafter provided.
(2)
No Ordinances concerning the academic matter
shall be made by the Board unless a draft thereof has been proposed by the
Academic Council.
(3)
The Board shall not have the power to amend
any draft proposed by the Academic Council under sub-section (2), but may
reject or return it to the Academic Council for reconsideration, in part or in
whole, together with any amendments which the Board may suggest.
(4)
All Ordinances made by the Board shall have
effect from such date as it may direct, but every Ordinance so made shall be
submitted to the Chancellor within two weeks. The Chancellor shall have the
power to direct the Board, within four weeks of the receipt of the Ordinance,
to suspend its operation, and he shall, as soon as possible, inform the Board
of his objection to it. He may, after receiving the comments of the Board,
either withdraw the order suspending the Ordinance or disallow the Ordinance,
and his decision shall be final.
Section - 48. Regulations
(1)
Every authority of the University may make
Regulations consistent with this Act and the Statutes and Ordinances-
(a)
laying down the procedure to be observed at
their meetings and the number of members required to form a quorum;
(b)
providing for all matters which by this Act
and the Statutes or Ordinances are to be provided for by that authority by the
Regulations; and
(c)
providing for any other matter solely
concerning such authority and not provided for by this Act and the Statutes or
Ordinances.
(2)
Every authority of the University shall make
Regulations providing for the giving of notice to the members of such authority
of the dates of meetings and of the business to be transacted thereat and for
the keeping of a record of the proceeding of meetings.
(3)
The Board may direct the amendment, in such
manner as it may specify, of any Regulations made under this section or the
annulment thereof by any authority of the University.
Section - 49. Delegation of powers
The Board may, by Statute,
delegate to any officer or authority any of the powers conferred upon it by
this Act, to be exercised subject to such restrictions and conditions as may be
prescribed.
Section - 50. Temporary arrangements
(1)
At any time after the commencement of this
Act and until such time as the authorities of the University are duly
constituted, any officer of the University may be appointed by the
Vice-Chancellor, with the prior approval of the Chancellor, to carry on the
duties of any such authority.
(2)
The Vice-Chancellor may make temporary
appointments subject to the approval of the Board at its next meeting,
following the making of such appointment.
Section - 51. Residuary provision
The Board shall have the
authority to deal with any matter pertaining to the University and not
specifically dealt with in this Act. The decision of the Board on all such
matters shall, subject to revision by the Chancellor, be final and shall not be
liable to be challenged in any Court or Tribunal.
Section - 52. Removal of difficulties
(1)
The State Government may, for the purpose of
removing any difficulties, in the area and in matters covered by this Act, by
order published in the Official Gazette,-
(a)
direct that this Act shall during such period
as may be specified in the order take effect subject to such adaptations
whether by way of modification, addition or omission consistent with this Act,
as it may deem fit to be necessary or expedient; or
(b)
give such directions as appear to it to be
necessary for the removal of such difficulties that may arise in giving effect
to the provisions of this Act; or
(c)
make such other temporary provisions for the
purpose of removing any such difficulties as it may deem fit to be necessary or
expedient:
Provided that no such order
shall be made after twelve months from the date of the commencement of this
Act.
(2)
All orders made under sub-section (1) shall
be laid before the House of the State Legislature for fourteen days which may
be comprised in one session or in two successive sessions and if before the
expiry of the session in which they are so laid or of the session immediately
following, the House of the State Legislature makes any modification in any of
such orders or resolves that any such order should not be made, such order
shall thereafter have effect only in such modified form or be of no effect, as
the case may be, so however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done thereunder.
(3)
If any question arises regarding the
interpretation of any provisions of this Act or any Statutes or Ordinances or
Regulations made under this Act, or as to whether any person has been duly
appointed as or is entitled to be a member of any authority or other body of
the University, the matter may be referred to the Chancellor and shall be so
referred if the Vice Chancellor and any ten members of the Board so require.
The Chancellor shall, after taking such advice from the State Government as he
deems necessary, decide the question and his decision shall be final.