THE ASSAM WOMEN’S UNIVERSITY, ACT 2013 (SINGLE DOCUMENT)

ASSAM ACT NO. XXII OF 2013 (Received the assent of the Governor 12 th August, 2013) THE ASSAM WOMEN’S UNIVERSITY, ACT 2013 AN ACT to establish and constitute a teaching, non-affiliating and a residential Women's University in the State of Assam at Jorhat and to provide for matters connected therewith or incidental thereto. Preamble. Where it is expedient to establish and constitute a teaching non- affiliating and a residential Woman's University in the State of Assam at Jorhat in the manner hereinafter appearing ; It is hereby enacted in Sixty-fourth Year of the Republic of India as follows:- CHAPTER - I PRELIMINARY Short title and commencement. 1. (1) This Act may be called the Assam Women's University Act, 2013. (2) It shall be deemed to have come into force on the 30th day of May, 2013. Definitions. 2. In this Act, unless the context otherwise requires, - (a) “Academic Council” means the Academic Council of the University; (b) “Board of Studies” means a Board of Studies of the University; (c) “Chancellor” means the Chancellor of the University; 2 (d) “Department” means a department of the University designated as such by the Executive Council with reference to subject or group of subjects; (e) “employee” means every person in the whole-time employment of the University in any service; (f) “Faculty” means a faculty of the University; (g) “Finance Committee” means the Finance Committee of the University referred to in section 27; (h) “Fund” means the Fund of the University established under section 30; (i) „Hostel” means a unit of residence for the students of the University; (j) "Planning Committee" means the Planning Committee referred to in section 26; (k) “prescribed” means prescribed by the Statutes, Ordinance, Regulations or rules made thereunder ; (l) “Pro-Chancellor” means the Pro-Chancellor of the University; (m) “School” means a School of the University designated as such by the Executive Council comprising a Department or Departments; (n) “Court” means the Court of the University; (o) “State” means the State of Assam; (p) “Statutes”, “Ordinances”, “Regulations” and “Rules” means respectively the “Statutes”, “Ordinances”, “Regulations” and “Rules” of the University; (q) “Student” means a person duly admitted as full time or part time student in any of the Departments of the University in accordance with the Regulations to undergo a course of study, research, leading to a degree, diploma or certificate of the University; (r) “Executive Council” means the Executive Council of the University; 3 (s) “Teachers” means a Professor, an Associate Professor, a Reader, Lecturer or such other person imparting instruction or Supervising research in the Department or School of the University; (t) “University” means the Assam Women's University; (u) “University Grants Commission” means the University Grants Commission established under the University Grants Commission Act,1956; (v) “Vice Chancellor” means the Vice Chancellor of the University. (w) “Government” means the State Government of Assam. Central Act 3 of 1956 Objects of the University. 3. The following shall be the objects of the University:- (i) to provide for facilities and offer opportunities to women for post-graduate education in applied science, arts, technology, industry, commerce, management and social science by instruction, training, research, development and extension and by such other means as the University may deem fit; (ii) to promote research in applied science and arts, technology, industry, commerce, management and social science for the advancement of knowledge and for the betterment of the society particularly with focus on women's perspective; (iii) to devise and implement programmes of education for women in applied science, arts, technology, industry, commerce, management and social science that are relevant to the changing socio economic needs of society, in terms of breadth of diversity and depth of specialization; (iv) to serve as a centre for fostering co-operation and exchange of ideas between the academic and research community on the one hand and industry on the other; (v) organize exchange programme with other institutions of repute in to India and abroad with a view to keeping abreast of the latest developments in relevant areas of teaching and research. 4 CHAPTER – II THE UNIVERSITY The University. 4. (1) The Chancellor, the Pro-Chancellor, the Vice Chancellor, and the members of the Executive Council, the Court and Academic Council for the time being, shall constitute a body corporate by the name of the Assam Women's University. (2) The University shall have perpetual succession and a common seal, and can sue and be sued by the said name. Territorial Limits. 5. Notwithstanding anything contained in any other State law for the time being in force, on the coming into force of this Act, the territorial jurisdiction of the University shall extend to the whole of the State of Assam. Powers of the University. 6. The University shall have the following powers, namely :- (i) to provide for instruction and training in such branches of learning as are in keeping with the objects of the University and to make provision of research and for the advancement and dissemination of knowledge; (ii) to institute degree, titles, diplomas and other academic distinctions; (iii) to hold examinations and to confer degrees and other academic distinctions on person who, - (a) shall have pursued a prescribed course of study under the University, and shall have passed the prescribed examination; or (b) shall have under prescribed conditions carried on research which has been duly evaluated; (iv) to confer honorary degrees or other distinctions on distinguished persons in accordance with the conditions to be prescribed in the Statutes; (v) to withdraw or cancel degree, titles, diplomas, certificates or other distinctions under conditions that may be prescribed by the Statutes, after giving the person affected a reasonable opportunity to present his case; 5 (vi) to make arrangement for promoting the health, general welfare and moral well being of students and take such measures as would foster in them habits of hard work, self discipline and spirit of service to society; (vii) to fix the fees payable to the University and to demand and receive such fees; (viii) to hold and manage endowments and bursaries and to institute and award fellowship, scholarships, studentships, medals and prizes; (ix) to institute and provide fund wherever necessary for the maintenance of; (a) a student advisory Bureau; (b) an Employment Bureau; (c) University Union for students; (d) University Athletic Club; (e) The National Cadet Corps; (f) The National Service Corps; (g) University Extension Board; (h) Students Cultural and Debating Societies; (i) A Translation and publication Bureau; (j) Co-operative societies and other institutions for promoting the welfare of students and employees of the University; (k) A University Library; (l) A Staff Council; (m) Such other bodies as the Executive Council may deem necessary. (x) to co-operate with other University or authorities or associations in such manner and for such purposes as the Executive Council may determine; 6 (xi) to take and hold any property, movable or immovable, which may become vested in it for the purpose of the University by purchase, grant, testamentary disposition or otherwise and to grant, demise, alienate or otherwise dispose of all or any of the properties belonging to the University and also to do all other acts incidental or appertaining to a body corporate; (xii) to direct, manage and control all immovable and movable properties owned by the University or transferred to the University by the Government; (xiii) to establish, maintain and manage hostels; (xiv) to co-ordinate, supervise, regulate and control the conduct of teaching and research work to the extent deemed necessary; (xv) to define the powers and duties of the officers and other employees of the University other than those prescribed in this Act; (xvi) to institute professorships, lectureships and any other teaching and research posts required by the university and to appoint persons to such professorship, readerships, lectureships and other teaching and research posts as per designations given by University Grants Commission from time to time; (xvii) to manage and control any institution under the University; (xviii) generally to do all such other acts and things, whether incidental to the powers aforesaid or not as may be required in order to further the objects of the University. University open to Women of all classes and creeds. 7. (1) The University shall be open to women of all classes and creeds for the purpose of admissions in academic course. (2) No person shall, on grounds only for religion, race, caste, descent, place of birth, residence, language, political opinion or any of them, be ineligible for, or discriminated against, in respect of any employment or office under the University or membership of any of the authorities or bodies of the University: Provided that the University may, in consultation with the Government, reserve seats for the members of socially 7 and educationally backward classes or Scheduled Castes or Scheduled Tribes; Other Backward Classes for the purpose of admission as students in the University. (3) In making appointments for all posts as determined by the Executive Council in any service, class or category under the University, the University shall observe such rules, Acts as are administered by the Government. CHAPTER – III THE CHANCELLOR, PROCHANCELLOR AND OFFICERS OF THE UNIVERSITY The Chancellor. 8. (1) The 1 [Governor] of Assam shall, by virtue of his office, be the Chancellor of the University. 1 [* * * * * * * * *] Provided that during the proclamation of Emergency and imposition of President's Rule in the State under Articles 352 and 356 respectively of the Constitution of India, the Governor of Assam shall be the Chancellor of the University. (2) The Chancellor shall be the head of the University and shall, when present, preside at the meeting of any meeting of the Court and at any convocation of the University. (3) All the authorities of the University shall be subordinate to the Chancellor. Powers and Duties of the Chancellor. 9. (1) The Chancellor shall have the right to cause an inspection to be made by such person or persons as he may direct of the affairs and properties of the University, of the colleges, institutions and bodies maintained by the University and also of the examination, teaching and other works conducted or done by the University, its officers and authorities, and to cause an enquiry to be made in the like manner in respect of all or any of the matters aforesaid and of any other matter connected with the University. (2) The Chancellor shall in every such case give notice to the Executive Council of his intention to cause an inspection or enquiry to be made and the Executive Council shall be entitled to appoint a representative who shall have the right to be present and heard at such inspection or enquiry. 1. Subs. By Assam Act No. XXI of 2019 and proviso is omitted by Assam Act No. XXI of 2019. 8 (3) The Chancellor may address the Vice-Chancellor with reference to the result of such inspection or enquiry and the Vice-Chancellor shall communicate to the Executive Council the views of the Chancellor with such advice as the Chancellor may offer on the action to be taken thereon. (4) The Executive Council shall communicate through the Vice-Chancellor to the Chancellor such action, if any, as it is proposed to take or has been taken on the result of such inspection or enquiry and the advice of the Chancellor. (5) When the Executive Council does not within a reasonable time, take action to the satisfaction of the Chancellor, the Chancellor may, after considering any explanation furnished or representation made by the Executive Council, if any, issue such directions as be may think fit and the Executive Council shall be bound to comply with such directions. (6) Expenses that may be incurred in connection with such inspections on enquiries and certified as such by the Chancellor, shall be a charge on the University. (7) The Chancellor as head of the University shall have the power to suspend the activities of the various authorities of the University as and when circumstances so demand and vest all powers and functions of these authorities in the Chancellor to control the affairs of the authority on authorities so suspended in such manner and for such a period as deemed fit and reasonable by him. Officers of the University. 10. The following shall be the officers of the University, namely;- (i) the Vice Chancellor; (ii) the Registrar; (iii) the Finance Officer; and (iv) such other Officers in the service of the University as may be declared by the Statutes to be Officers of the University. The Vice - Chancellor. 11. (1) The Vice-Chancellor shall be appointed by the Chancellor on the unanimous recommendation of a Committee appointed by him/her consisting of three members, one nominated by the Chancellor, one elected by the Executive Council and the third nominated by the Government. The Committee shall make its 9 recommendation within a period of three months from the date of its appointment. (2) In case the Committee appointed under sub-section (1) is unable to recommend a name unanimously, the Vice- Chancellor shall be appointed by the Chancellor from the panel of three names submitted to him/her by the Committee within the period specified in the preceeding sub-section. (3) If the Committee fails to make a unanimous recommendation or submit a panel of names as aforesaid, another Committee consisting of three new members, one nominated by the Chancellor, one elected by the Executive Council and the third nominated by the Government shall, make a unanimous recommendation or submit a panel of three names to the Chancellor, within three months of its constitution, and the Chancellor shall appoint a Vice-Chancellor accordingly: Provided that it shall be open to the Chancellor for reasons to be stated in writing, to appoint, by nomination, an appropriate person as Vice-Chancellor for such time as he may consider expedient. 1 [(4) The Vice-Chancellor shall retire on the date he attains the age of 70 years.] 2 [(5) The Vice Chancellor shall hold office for a term of five years from the date on which he/she enters upon his/her office and shall be eligible for re-appointment.] (6) The remuneration payable to, and the other conditions of service of the Vice-Chancellor shall be determined by the Chancellor. (7) The Vice-Chancellor shall be the principal academic and executive officer of the University. (8) The Vice-Chancellor shall be the Chairman of the Executive Council, the Court and the Academic Council, and shall be entitled to be present at and to address any meeting of any authority of the University, but shall not be entitled to vote there unless he/she is a member of the authority concerned. 1. Subs. by Assam Act No. XII of 2015. 2. Subs. by Assam Act No. XII of 2015. 10 (9) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act, and the Statutes, Ordinances and Regulations are observed and shall have all the powers necessary for this purpose. (10) The Vice-Chancellor shall have the right of visiting and inspecting institutions maintained by the University. (11) If at any time, except when the Executive Council or the Academic Council is in session, the Vice-Chancellor is satisfied that an emergency has arisen requiring him/her to take immediate action involving the exercise of any power vested in the Executive Council or the Academic Council, the Vice-Chancellor may take such action as he/she deems fit, and shall, as soon as may be, report the action taken by him/her to the Executive Council or the Academic Council, as the case may be, for approval. (12) Subject to the provisions of this Act, the Statutes and the Ordinances, the Vice-Chancellor shall have the power,- (a) to make appropriate to posts below the rank of Assistant Registrar, and prescribe their duties; (b) to suspend, dismiss or otherwise punish any employee of the University below the rank of Assistant Registrar; (c) to take disciplinary action against students of the University. (13) The Vice-Chancellor shall have the power to convene meetings of the Executive Council, the Court and the Academic Council, or any other authority of the University. (14) It shall be the duty of the Vice -Chancellor to ensure that the proceedings of the University are carried on in accordance with the provisions of this Act, the Statues, the Ordinances, the Regulations and the Rules made thereunder and to report to the Chancellor every proceedings which is not in conformity with such provisions. (15) The Vice-Chancellor shall exercise such other powers and perform such other functions as may be prescribed by the Statutes. 11 (16) In the event of a permanent vacancy occurring in the officer of the Vice-Chancellor, the Chancellor shall make necessary arrangements for exercising the powers and performing the duties of the Vice-Chancellor until a Vice-Chancellor who is appointed under the provisions of this Act, assumes office. The Registrar 12. (1) The Executive Council shall appoint a person selected by the Government from among a panel containing the names of three persons furnished by the Executive Council to the Government, as Registrar of the University for such period and on such terms as may be prescribed by the Statutes. (2) The Registrar shall be a whole time salaried officer of the University and shall exercise such powers and perform such duties as may be prescribed by the Statutes. (3) Suits by against the University shall be instituted by or against the Registrar. The Finance Officer 13. (1) The Executive Council shall appoint a person selected by the Government from among a panel containing the names of three persons furnished by the Executive Council to the Government, as Finance Officer of the University for such period and on such terms as may be prescribed by the Statutes. (2) The Finance Officer shall be a whole time salaried officer of the University and shall exercise such powers and perform such duties as may be prescribed by the Statutes. Appointment to be notified. 14. The appointments of the Vice-Chancellor, the Registrar and Finance Officer shall be notified in the Official Gazette. CHAPTER – IV AUTHORITIES OF THE UNIVERSITY AND STAFF COUNCIL Authorities of the University. 15. The following shall be the authorities of the University, namely:- (i) The Court; (ii) The Executive Council; (iii) The Academic Council; 12 (iv) The Faculties; (v) The Board of Studies; (vi) the Planning Committee; (vii) The Finance Committee; (viii) Such other boards or bodies of the University as may be declared by the Statutes to be authorities of the University; The Court. 16. (1) The Court shall consist of the following members, namely :- EX-OFFICIO MEMBERS: (i) The Chancellor; (ii) The Vice- Chancellor; (iii) The Minister of Education, Assam; (iv) The Registrar; (v) Academic Registrar; (vi) The Controller of Examinations; (vii) The Finance Officer; (viii) The senior most Secretary in the Education (Higher) Department of the Government of Assam; (ix) The Director of Higher Education, Assam; (x) The Director of Technical Education, Assam; (xi) The Director of Medical Education, Assam; (xii) The Director of Agriculture, Assam; (xiii) The Director of Animal Husbandry and Veterinary, Assam; (xiv) The Vice-Chancellors of the Gauhati University and the Dibrugarh University; (xv) Two members nominated by the Executive ; 13 (xvi) Three Head of the Academic Departments. OTHER MEMBERS: (xvii) Two persons distinguished in Literature/ Law/ Medical/ Engineering/ Technology/ Commerce/ Public life nominated by the Chancellor; (xviii) Seven representatives to be elected by the post- graduate students of the University from amongst themselves: Provided that a student to be so elected must have been student of the University for at least one year prior to his election: Provided further that no student who has taken more that one year in excess of the period prescribed for the course of which he is a student shall be eligible for such election. (2) Save as otherwise provided and except the ex-officio members, all other members shall hold office for a period of three years from the date of their election or nomination, as the case may be: Provided that no person nominated or elected in his capacity as a member of particular body or as a holder of a particular appointment shall be a member after he ceases to be a member of that body or holder of that appointment, as the case may be: Provided further that any member elected or nominated under clause (xviii) shall hold office for a period of one year only from the date of his election or nomination, as the case may be. He shall cease to be a member of the Court on his ceasing to be a student of the University. (3) When a person ceases to be a member of the Court, he shall cease to be a member of any of the Authorities or Committees of the University which he may happen to be a member by virtue of the membership the Court. 14 (4) With the approval of the Court, the Vice-Chancellor may remove an elected or selected member. Meeting of the Court. 17. The Court shall meet at least twice a year on dates to be fixed by the Vice- Chancellor. One of such meetings shall be held in January and shall be called that Annual General Meeting. The Court may also meet at such other times as it may, from time to time determine. Powers and Duties of the Court. 18. Subject to, the provisions of this Act, the Court shall have the following powers and duties, namely :- (i) to review, from time to time, the broad policies and programmes, of the University and to suggest measures for the improvements and developments of such policies, programmes works and other affairs; (ii) to consider the annual report, and the annual accounts, the audit report and the statement of the financial estimates, for the ensuing year, to approve the financial estimate, with such comments, if any, to express its views on the annual report and to suggest such measures as it may deem proper on the matters covered by them; (iii) to approve, with or without modifications, the Statutes submitted by the Executive Council: Provided that before making any modification to the Statutes submitted by Executive Council, the Executive Council shall be given an opportunity to consider the modifications proposed by the Court and the Court shall consider the opinion expressed by the Executive Council on such modification. The Executive Council. 19. (1) The Executive Council shall be the Executive body of the University. It shall consist of the following members, namely:- EX-OFFICIO MEMBERS: (i) The Vice Chancellor; (ii) The Registrar; (iii) The Academic Registrar; 15 (iv) Three Members of Assam Legislative Assembly; (v) The Director of Higher Education, Assam; (vi) The Director of Technical Education, Assam; (vii) The Director Health Services, Assam; (viii) The Chairman, Board of Secondary Education, Assam; (ix) Chairman, Higher Secondary Education Council, Assam; OTHER MEMBERS : (x) Two Heads of Department, other than Deans of Faculties, of the University who are professors; to be chosen by the Vice-Chancellor by rotation according to seniority for a period of three years; (xi) One Dean of Faculty to be chosen by the Vice- Chancellor from the Dean of Faculties of the University for a period of three years, by rotation according to seniority; (xii) Three members to be elected by the Court from amongst its members at its Annual General Meeting other than employees and students of the University; (xiii) Two teachers other than a Dean of Faculty of the University to be elected by the Academic Council from amongst such teachers who are its members; (xiv) Three persons of whom at least one shall be a woman to be nominated by the Chancellor; and (xv) Three persons to be nominated by the Government. (2) Save as otherwise provided and except the ex-officio members, all other members shall hold office for a period of three years from the date of their election or nomination, as the case may be: Provided that no person nominated or elected in his/her capacity as a member of a particular body or as a holder of a particular appointment shall be a member after he/she ceases to be a member of that body or holder of that appointment, as the case may be. 16 (3) When a person ceases to be a member of the Executive Council, he shall cease to be a member of any of the authorities of the University of which he may happen to be a member by virtue of his membership of the Executive Council, Power of Executive Council. 20. (1) The Executive Council shall hold, control and administer the property and funds of the University and shall appoint a Finance Committee to advise it on matters of finance consisting of six members of whom the Vice- Chancellor shall be the Chairman, the Finance Officer shall be the Secretary and the other four members shall be appointed as follows:- (i) Two members to be elected by the Executive Council from among its members; and (ii) Two members to be nominated by the Government one from the Finance Department and the other from the Education Department of the Government. (2) It shall do all acts appertaining or incidental to the construction of buildings, roads, tanks, pipelines and other structures of the University and for the purpose shall appoint a Construction Committee consisting of seven members of whom the Vice-Chancellor shall be the Chairman, the Registrar shall be the Secretary, the Finance Officer, a member and the remaining four members shall be appointed from among from the members of the Executive Council with power to co-opt experts as members who shall have no power to vote : Provided that at least one member of the Committee shall be appointed from amongst the members elected to the Executive Council by the Court. (3) It shall determine the form and regulate, the use of the Common Seal of the University. (4) It shall lay before the Government annually a full statement of the financial requirements of the University. (5) It shall administer funds placed at the disposal of the University for any specific purpose including those given for the purpose of buildings, roads, tanks, pipelines and other structures of the University. 17 (6) Subject to the provisions of this Act and the Statutes, it shall appoint the officers (other than the Chancellor and the Vice-Chancellor), teachers, the clerical staff and other employees of the University and define their duties and conditions of service and shall provide for the filling up of temporary vacancies: Provided that the University shall not create any post without prior approval of the State Government. (7) It shall have power to accept on behalf of the University, bequest, endowments, donations, or transfer of any movable or immovable property. (8) It shall arrange for holding of conducting and publishing the results of the University examination. (9) It shall subject to the powers conferred by this Act on the Vice-Chancellor regulate and determine all matters under this Act concerning the University in accordance with this Act, the Statutes and the Ordinances : Provided that no action shall be taken by the Executive Council in respect of the numbers, qualifications or emoluments of teachers otherwise than in consultation with the Academic Council; and (10) It shall exercise all other powers of the University of which no specific provisions have been made in this Act or in the Statutes. The Academic Council. 21. (1) The Academic Council shall be the principal academic body of the University and subject to the provisions of this Act, the Statutes and Ordinances, co-ordinate and exercise general supervision over the academic programmes and policies of the University. It shall be responsible for the maintenance of standards of instruction, research education and examination within the University, and shall exercise such powers and perform such other duties as may be conferred on it by the Statutes. (2) The Academic Council shall consist of the following members, namely:- EX-OFFICIO MEMBERS (i) the Vice Chancellor; 18 (ii) a nominee each of the Vice Chancellors of other Universities in the State, representing the ·Faculties of Science/ Engineering/ Technology/ Social Science/ Management; (iii) the Director of Technical Education, Assam; (iv) the Deans of Faculties; (v) all members of the Executive Council who are not otherwise members of the Academic Council; (vi) all the heads of Departments/ Schools of study and research; (vii) all the Chairman of the Boards of Studies who are not otherwise members of the Academic Council. NOMINATED MEMBERS (i) Three Senior Professors who are not otherwise members of the Academic council nominated by the Vice-Chancellor for a term of two years, representing distinct branches of studies; (ii) Three Senior Readers who are not otherwise members of the Academic Council nominated by the Vice-Chancellor for a term of two years, representing distinct branches of studies; (iii) Five outstanding scholars of national/international repute from outside the State nominated by the Chairman, University Grant Commission, for a period of two years; (iv) One representative each of the following national institutions/ organizations to be nominated by the Chancellor, on the recommendation of the Vice- Chancellor, for a period of two years; (a) Agricultural Research, (b) Department of Science & Technology (Government of India), (c) Indian Council of Agricultural Research, (d) Indian Space Research organization, (e) National Institute of Oceanography and (f) Defence Research Development Organization; 19 (v) Three experts in Industry and Commerce to be nominated by the Chancellor for a term of two years. ELECTED MEMBERS Two members, elected by the students of the University, for one year, from among themselves in such manner as may be prescribed of whom one shall be from the research wing and the other from the post-graduate students. Powers and duties of the Academic Council. 22. Subject to the provisions of this Act and of the Statutes, the Academic Council shall have the following powers, duties and functions, namely:- (i) to advise the Executive Council on all academic matters; (ii) to make Regulations and to amend or repeal the same, with the approval of the Executive Council on the following matters ;- (a) prescribing courses of studies and scheme of examination; (b) prescribing qualifications for admission of students to various courses of studies and to research degree, and to the examinations and the conditions under which exemption may be granted; (c) prescribing the standards of evaluation of the performance of students and classification of students on the basis of their performance in the examination; (d) prescribing the conditions for admission of candidate for research degree and the requirement for the award of such degrees; (e) prescribing the qualifications for recognition of teachers and Scientists as Supervising guides for research; (f) prescribing the qualifications of examinations, degree, diplomas and certificates of other Universities, Institutions, Boards; 20 (g) prescribing the qualifications of teachers in conformity with the recommendations of the University Grants Commission; (h) prescribing the norms for the upgradation of teaching posts; (iii) to examine and act upon the recommendation of the various faculties in making Regulations; (iv) to determine what degree, diplomas and other academic distinctions shall be granted by the University, and to award the same; (v) to institute teaching posts, scholarship, fellowship; (vi) to consider the annual reports and to make suggestions thereon before it is considered by the Executive Council; (vii) to recommended to the Executive Council the conferment of honorary degrees and other distinctions; (viii) to delegate to the Vice-Chancellor any of its powers; (ix) to exercise such other powers and perform such other functions as may be prescribed by the Statutes. Faculties. 23. (1) (a) The University shall have such faculties as may be prescribed by the Statutes from time to time. (b) Each Faculty shall subject to the control of the Academic Council, be responsible for the coordination of study and research in the branches of studies represented in the Boards of Studies coming under its purview. (2) The term of the Faculty, its constitution and membership shall be prescribed by the Statutes. (3) Subject to the provision of this Act, each Faculty shall exercise such powers and perform such duties as may be prescribed by the Statues. (4) There shall be a Dean for each Faculty, who shall be nominated by the Vice-Chancellor. 21 (5) The Dean of each Faculty shall be responsible for the due observance of the Statutes, Regulations and Ordinances and in guiding the deliberations of the Faculty, (6) The Dean of a Faculty shall hold office for a term of three years, Boards of Studies. 24. (1) There shall be a Board of studies for each branch of studies as the Executive Council may be decide. (2) The constitution and powers of the Boards of Studies shall be prescribed by the Statutes. Planning Committee. 25. (1) There shall be a Planning Committee with a person deputed by the Executive Council as Chairman to advise the Executive Council and the Academic Council or any matter which it considers necessary for the fulfilment of the objectives of the University. (2) The Planning Committee shall be responsible for, - (a) the overall planning of the development of the University in the perspective of five years; (b) the delineation of desirable direction of growth; (c) monitoring the implementation of programmes approved by the Executive Council; and (d) assessing the overall performance of the University in achieving targets set for the Plan period. (3) Subject to the provisions of this Act, the constitution, powers and functions of the Planning Committee shall be prescribed by the Statutes. Finance Committee. 26. (1) There shall be a Finance Committee with a person deputed by the Executive Council as Chairman to advise the University on any question affecting its finances. (2) Subject to the provisions of this Act, the constitution, powers and functions of the Finance Committee and its procedures, including the delegation of its powers, shall be prescribed by the Statutes. 22 Staff Council. 27. (1) The Staff Council shall consist of the following members, namely:- (a) the Vice-Chancellor, who shall be the Chairman of the Staff Council; (b) two members elected by the teaching staff of the University, from among themselves ; (c) two members elected by the non-teaching staff of the University, from among themselves; (d) two members elected by the members of the Court from among themselves; (e) two members elected by the members of the Executive Council, from among themselves. (2) The Staff council shall be reconstituted every two years. (3) The Staff Council have the power, subject to the provisions of this Act and with the previous approval of the Executive Council, make rules regarding the procedure and conduct of its business. (4) The Staff Council may, subject to the provision of this Act, the Statutes, Ordinances and Regulation, discuss the general or individual grievances, if any, of the employees of the University and submit its suggestions thereon for the consideration of the Executive Council. CHAPTER – V SELECTION COMMITTEES Constitution of Selection Committees. 28. (1) The Vice-Chancellor shall in consultation with the Executive Council, constitute from time to time, separate Selection Committees for the purpose of selection of candidates for direct recruitment to the posts of :- (i) Professor, Reader; (ii) Lecturers and other posts not being posts of non- teaching staff; (iii) Non-teaching staff. 23 (2) The Selection Committee shall consist of,- (a) in the case of the Selection Committee for selection of Professors and Readers, - (i) The Vice Chancellor, Ex-Officio Chairman; (ii) one member of the Executive Council nominated by the Vice-Chancellor; (iii) three subject experts not being in the service of the University chosen by the Executive Council; (iv) the Dean of the Faculty concerned; (b) in the case of the Selection Committee for selection of lecturers and other teaching staff, - (i) the Vice-Chancellor, Ex-Officio Chairman; (ii) one member of the Executive Council nominated by the Vice-Chancellor; (iii) two subject experts not being in the service of the University chosen by the Executive Council; (iv) the Head of the concerned Department or the Professor in charge; (c) In the case of the Selection Committee for recruitment of non- teaching staff,- (i) the Vice- Chancellor, Ex-Officio Chairman; (ii) two members of the Executive Council nominated by the Vice-Chancellor, one of whom shall be a person belonging to the Scheduled Caste or Scheduled Tribes; (iii) the Registrar, who shall be the Secretary of the Committee; (iv) a member of the Executive Council, deputed by the Executive Council; 24 (3) No person shall be directly recruited to the teaching or non-teaching staff of the University except on the recommendation of the concerned Selection Committee constituted under sub-section (1). (4) The quorum for a meeting of a Selection Committee shall be three. (5) The procedure to be followed by each Selection Committee for selection of candidates shall be prescribed by the Statutes. (6) Where the oral test (interview) is proposed to be conducted by the Selection Committee, the Committee, shall invite the Head of the Department concerned to be present or to appoint a representative to be present and to Head of Department or his/her representative so present may take part in the deliberation of the Selection Committee but shall not be entitled to award marks: Provided that the Selection Committee shall invite, where they consider it necessary any person or persons with expert knowledge in particular subjects to be present at the interview to assist the Selection Committee but such person or persons shall not be entitled to award marks. (7) It shall be the duty of the Heads of Departments or their representatives and persons with expert knowledge who are invited to be present at the interview, to be present at the appointed time and cooperate with the Selection Committee in the conduct of the selection. (8) Any person referred to in sub-section (7) being an employee of the Government or a University in the State who violates the provisions of that sub-section or misbehaves or acts in any manner so as to affect the fair conduct of a selection, shall be guilty of misconduct and shall be liable for disciplinary action. (9) The rank of list prepared by the Selection Committee shall be published in the notice Board of the University and also in the Official Gazette. (10) A rank list published under sub-section (9) shall remain in force for a period of one year from the date of such publication and all vacancies arising during the period shall be filled up from the list so published. 25 (11) The Registrar shall maintain a register containing the list of appointment made indicating the vacancies filled up by open competition and by reservation of Schedule Castes, Scheduled Tribes and Other Backward Classes, Vacancies remaining to be filled up for want of qualified candidates from Scheduled Castes, Schedule Tribes and Other Backward Classes, and vacancies carried forwarded for want of qualified candidates under reservation quota for being filled up in future vacancies and any other details as may be specified in the Statues. (12) Where the Executive Council proposes to make an appointment otherwise than in accordance with the order of merit arranged by Selection Committee, it shall record its reasons therefore in writing and submit them to the Chancellor who may approve proposal or return in to the Executive Council for reconsideration. (13) After reconsideration in pursuance of sub-section (12), if the Executive Council desires to pursue its original proposal, it shall refer the matter again to the Chancellor whose decision thereon shall be final. (14) The Chancellor shall have the power to give directions to the Vice-Chancellor to cancel appointments made not in accordance with the provisions of this section : Provided that before giving a direction under this sub- section the Chancellor shall give to the person so appointed, a reasonable opportunity to show cause as to why such direction should not be given and shall consider his explanations and objections, if any. (15) If at any time, it is disclosed that a person has secured appointment to any post under the University by making any false statement before the Selection Committee or in any application submitted by him or by producing any documents, his appointment shall, without prejudice to any other action that any be taken against him/her, be cancelled by the Vice-Chancellor. Provided that before cancelling an appointment under this sub-section, the Vice-Chancellor shall give to the person so appointed, a reasonable opportunity to show cause as to why the appointment should not be cancelled and shall consider his explanations and objections, if any. 26 CHAPTER – VI FINANCE AND ACCOUNTS The University Fund. 29. (1) The amounts received from the following sources shall from part of the University's Fund :- (a) any contribution or grant made by the Government; (b) any contribution or grant made by the University Grants Commission; (c) any contribution or grant made by the Central Government and its agencies; (d) any bequests, donations, endowments or other grants made by the private individuals or institutions; (e) the income received by the University from fees and charges; (f) the amount borrowed by the University; and (g) the amount received from any other source. (2) The fund shall be kept in a nationalized bank or invested in securities authorized by the Indian Trust Act, 1882, as may be decided by the Executive Council. (3) The fund may be employed from any of the persons of the University in the manner prescribed. (4) The fund shall be operated by the Registrar or by an Officer of the University not below the rank of an Assistant Registrar authorized in this behalf by the Vice- Chancellor. Central Act 2 of 1882. Power to borrow. 30. The University may, with the previous sanction of the Government as regards the purpose and amount of loan and subject to such conditions as may be specified by the Government as to security, and rate of interest, borrow any sums of money from any nationalize bank or Scheduled Bank or any other incorporated body. Annual Accounts. 31. (1) The annual accounts of the University shall be prepared under the directions of the Executive Council and shall be submitted to the Government for audit. 27 (2) The annual accounts together with the Audit report thereon shall be published by the Executive Council, and copies of such accounts and audit report shall be submitted to the Government. Annual Finance Estimates. 32. (1) The Executive Council shall prepare, before such date as may be prescribed by the Statutes, the financial estimates for the ensuing year. (2) The Executive Council may, in urgent cases where expenditure in excess of the amounts provided for in the Budget is found to be necessary, for reasons to be recorded in writing, incur such expenditure. Audit of Accounts of the University. 33. (1) The Government shall appoint auditors of the accounts of the University and of the institutions under its management. (2) The auditors shall maintain a continuous audit of the accounts of the University and may after giving due intimation, conduct local audit of any institution under the management and control of the University. (3) The University shall bear the cost of the audit as fixed by the Government. (4) After completing the audit for a year or for any shorter period or for any transaction or series of transactions, the auditors shall send a report to the University and a duplicate copy thereof to the Government. (5) The auditors shall specify in the report under sub-section (4) all cases of irregular, illegal or improper expenditure or of failure to recover moneys or other property due to the University or of any loss or waste of money or other property thereof caused by neglect or misconduct of the officers and authorities of the University. (6) The auditors shall also report on any other matter relating to the accounts of the University as may be required by the Government. (7) The University shall forthwith remedy any defect or irregularity pointed out by the auditors and report the action taken to the Government. 28 Annual Report. 34. (1) The Executive Council shall prepare the annual report of the University containing such particulars as the Government may specify covering each financial year, and before its final approval, it shall be presented to the Academic Council for the review on or before such date as may be prescribed by the Statutes. (2) Copies of the Annual Report and the Annual Accounts shall be sent to the Government and the Government shall place them before the State Legislature. CHAPTER – VII STATUTES ORDINANCES, REGULATIONS AND RULES The Statutes. 35. Subject to the provisions of this act, the Statutes may provide for all or any of the following matters, namely:- (a) the constitution, functions and powers of the authorities of the University and such other bodies as may be declared to be authorities of the University from time to time; (b) the appointment, conditions of service, powers and duties of the officers, teachers and other employees of the University and settlement of any disputes relating to their service; (c) the conferment of Honorary Degrees; (d) the award to degrees, diplomas, titles, certificates and other academic distinctions; (e) the withdrawal of degrees, diploma, certificates and other academic distinctions; (f) the institution of fellowships, scholarships, studentships, exhibitions, medals and prizes; (g) the procedure to be followed at meetings of authorities of the University including the quorum for the transaction of business by them; (h) the classification of teachers of the University and other employees; 29 (i) acceptance and management of bequests, donations and endowments; (j) all other matters which by this Act are to be or may be provided for by the Statutes. Procedure for making Statutes. 36. (1) The first Statues of the University shall be made by the Government, by notification in the Gazette and shall continue in force until amended or suspended by Statutes made by the Executive Council in accordance with the provisions of this section. (2) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal Statutes in the manner hereinafter provided. (3) No Statutes affecting the powers or duties of any authority or officer of the University shall be considered by Executive Council unless the draft of such Statutes is referred by the Vice-Chancellor to such authority or Officer concerned for expressing its or his views thereon within such period as may be specified in the reference or within such further period as the Vice Chancellor may allow and views, if any, so expressed duly considered. (4) Every Statutes passed by the Executive Council shall be submitted to the Chancellor who may give or withhold his assent thereto or refer it back to the Executive Council for reconsideration with such observations as be made thereon by the Chancellor. (5) No Statutes passed by the Executive Council shall have validity until assented to by the Chancellor and it shall come into force on the date of its publication in the official Gazette or such other date as the Chancellor may fix. Ordinances. 37. Subject to the provision of this Act, and the Statutes, the Ordinances of the University may provide for all or any of the following matters, namely:- (a) fees to be charged for the courses or the courses or the courses of study in the University and for admission to the examination, degree and diplomas of the University; (b) conditions relating to the award of fellowships, scholarships studentships, exhibitions, medals and prizes ; 30 (c) conduct of examinations including the terms of office, manner of appointment and the duties of examining bodies, examiners and moderators; (d) emoluments, terms and conditions of services of employees of the University in so far as they are not provided for the Statutes; (e) management and control of the institutions under the University; (f) supervision of students engaged in research and special studies in institutions under the University; (g) fees to be charged for the services rendered by the University; (h) all other matters which by this Act or by the Statutes are to be or may be provided for the Ordinances of the University. Procedure for making Ordinances. 38. The Executive Council shall have power to make Ordinances in the manner hereinafter provided:- (1) In making Ordinances, the Executive Council shall consult the Board of Studies concerned where such Ordinances affect the appointment and duties of examiners. (2) Every ordinance made by the Executive Council shall be submitted to the Academic Council at its next meeting. The Academic Council shall be competent to propose amendments to any such Ordinance for the consideration of the Executive Council. The Executive Council shall resubmit the Ordinance at the next meeting of the Academic Council with or without amendments. (3) Every Ordinance shall have effect from the date of its publication in the official Gazette or such other date as the Executive Council may direct. Procedure of making Regulations. 39. (1) The Academic Council may, subject to the approval of the Executive Council, make Regulations consistent with this Act and the Statutes and the Ordinances of the University. (2) The Regulations may provide for the exercise of all or any of the powers enumerated in section 23 (ii). 31 (3) Every Regulations shall come into force on the date of its publication in the official Gazette or such other date as the Executive Council may direct. Rules. 40. (1) Any of the authorities enumerated at clause (v) to (viii) of section 16 may, subject to the approval of the Executive Council, make rules consistent with this Act and the Statutes, the Ordinances and the Regulations made thereunder. (2) The rules may provide for;- (a) the giving of notice to the members of each Authority or Board, of the dates of meetings and of the business to be transacted at the meetings and also for keeping a record of the proceeding of meetings; (b) the procedure to be followed at the meetings and number of members required to form the quorum for the meetings; (c) all matters solely concerning such Authority or Board and not provide for by this Act; (3) The Executive Council may refuse to approve the rules submitted to it or may return them to the Authority or Board concerned for further consideration or may approve the rules without modification or subject to such modifications as the Executive Council may deem fit. (4) Every rule made under this section shall come into force on the date of its publication in the official Gazette or such other date as the Executive Council may direct. CHAPTER – VIII FILLING OF VACANCIES, RESIGNATIONS, REMOVAL ETC, OF MEMEBERS OF THE AUTHORITIES AND BODIES OF THE UNIVIERSITY Protection of act and Proceeding of the Executive Council, Court, Academic Council etc. 41. (1) No act or proceedings of the Executive Council, the Court, the Academic Council or any other body constituted under this Act or the Statutes, Ordinances, Regulations or Rules made there under shall be invalid merely by reason of any vacancy existing in the body performing the act or passing the proceedings. 32 (2) The Registrar shall forward to the Government copies of the proceedings at a meeting of the Executive Council and the Academic Council within two months of such meeting. Filling up vacancies. 42. (1) All vacancies among the members (other than ex-officio members) of any Authority or Body of the University by reason of death, resignation or otherwise shall be filled, as soon as may be, by the person or authority who or which appointed or nominated the member whose place has become vacant. (2) Any person appointed or nominated under sub-section (1) shall hold office as member so long only as the member in whose place he is appointed, or nominated as the case may be, would have been entitled to hold office if the vacancy had not occurred. Resignation or removal of member of any authority or body. 43. (1) Any member of any Authority or Body of the University may resign his office by letter addressed to the Registrar and the resignation shall take effect from the date of receipt of the letter by the Registrar. (2) The Vice-Chancellor may, on recommendation of not less than two-thirds of the members of the Executive Council, remove the name of any person convicted by a court of law for any offence involving moral turpitude or punished by the University for malpractice connected with any University examination from membership of any Authority or Body of the University and for the same reason may withdraw any degree or diploma conferred or granted by the University. (3) The Vice-Chancellor may on the recommendation of the Executive Council also remove any person from the membership of any authority or body of the University or Body of the University if he becomes of unsound mind or a deaf or dumb or has applied to be adjudicated or has been adjudicated as insolvent. (4) If a member of any Authority or Body of the University who is not an ex-officio member fails to attend three consecutive meetings of that Authority or Body, he shall cease to be a member of such Authority or body and thereupon the Registrar shall intimate him that he ceased to be such member: 33 Provided that such Authority or Body may, if satisfied that there was sufficient cause for the failure of the member to attend the meetings, restore him to its membership. CHAPTER – IX MISCELLANCEOUS Protection of acts and orders. 44. All acts and orders duly and in good faith done or passed by the University or any of its Authorities, Bodies or officers shall be final and no suit shall be institute against, or damage claimed from, the University or its Authorities, Bodies or officers for any thing purporting to be done in pursuance of this Act and the Statutes, Ordinances, Regulations, Rules and orders made there under. Dispute. 45. (1) If any dispute arises regarding the interpretation of any provision of this Act or any Statutes, Ordinances or as to whether a person has been duly appointed, or nominated or is 'entitled to be a member of any Authority or Body of the university, the matter may be referred to the Chancellor, and shall be so referred to him if not less than ten members of the Executive Council So require. (2) The Chancellor shall, after taking such advise as he deem necessary, decide the question and his decision thereon shall be final. Bar on jurisdiction of Civil Court. 46. No Civil Court shall have jurisdiction to settle, decide or deal with any question or to determine any mater which is, by or under this Act, required to be settled, decided or dealt with or to be determined by any Authority or person under this Act. Power of Government to cause inspection of the University. 47. (1) The Government shall have the right to cause an inspection to be made by such person or persons as they may direct of the University, its building, laboratories, libraries, museums, workshops and equipments and of any institutions maintained, or approved by, the University and also of the work conducted by the University, and to cause enquiry to be made in respect of any matter connected with the University. (2) The Government shall before taking any action under sub-section (1), give notice to the University of their intention to cause such inspection or enquiry to be made and the University shall be entitled to be represented thereat. 34 (3) The Government shall communicate to the Executive Council the result of any inspection or inquiry made under sub-section (1) and any, after ascertaining the opinion of the Executive Council thereon, convey their views to the Vice-Chancellor and to the Executive Council. (4) The Government may, after considering the views of the Vice- Chancellor and Executive Council on the result of any inspection or inquiry under sub-section (1), advise the University upon the action to be taken in the matter. (5) The Executive Council shall report to the Government the action, if any, which is proposed to be taken, or has been taken upon the, result of any, which is proposed to be taken, or taken, or has been taken upon the result of any inspection or inquiry under sub-section (1). (6) A report under sub-section (5) shall be submitted with the opinion of the Executive Council thereon and within such time as the Government may direct. (7) Where the Executive Council does not, within a reasonable time, take any action referred to in sub- section (4) to the satisfaction of the Government, the Government may, after considering any explanation furnished by the Executive Council in the matter, issue such directions as they may think fit, and the Executive Council shall comply with such directions. Appointment of Commission to enquire into the working of the University. 48. (1) The Government may at any time and shall, on the expiry of ten years from the commencement of this Act and thereafter at the expiration of every ten years, by order published in the official Gazette, constitute a Commission which shall consist of a Chairman and such other members not exceeding five, as the Government may appoint, and such order shall define the procedure to be followed by the Commission. (2) The Commission constituted under sub-section (1) shall inquire into and report on, - (i) the working of the University during the period to which the inquiry relates; (ii) the financial position of the University; 35 (iii) any chance to be made in the provisions of this Act or the Statutes, Ordinances, Rules made thereunder with a view to bringing about improvement in the affairs of the University; and (iv) such other matter as may be referred to it by the Government, and make such recommendations to the Government as it thinks fit. (3) On receipt of the report and the recommendation of the Commission under sub-section (2), the Government shall forthwith refer such report and recommendations to the Executive Council for consideration and report. (4) Immediately after the Executive Council has considered the report and recommendation of the Commission and submitted its report to the Government, shall consider the report of the Executive Council and pass such orders thereon as they think fit and shall also cause the same to be published in the official Gazette. Conditions of service. 49. (1) Save as otherwise provided by or under this Act, every salaried officer, teachers and non-teaching staff of the University shall be appointed by a written order. (2) The written order referred to in sub-section (1) shall be lodged with the Registrar and a copy thereof shall be furnished to the officer or teacher concerned. (3) Any other conditions of service of the salaried officers, teachers and non-teaching staff of the University and settlement of disputes relation to their service shall be such as may be prescribed in the statutes. Pension, Insurance and Provident Fund. 50. With the previous approval of the Government, the University shall make appropriate provisions for the benefit of its officers; teachers and non- teaching staff under its control in matter of insurance, pension and provident fund and for such other benefits as it may deem fit, in such manner as may be prescribed by the Ordinances. The nomination of the First Court of the University. 51. Notwithstanding anything- contained in this Act, the First court shall be nominated by the Government. 36 Transitory Provisions. 52. (1) Any officer or Authority of the University exercising any power or performing any duty under this Act, immediately before the commencement of this Act, shall for a period of three-months from such commencement or until the corresponding Officer or Authority is appointed, nominated or constituted, as the case may be, in accordance with the provisions of this Act or the Statutes or Ordinances made hereunder, whichever is earlier , continue to exercise such powers or perform such duties, as the case may be, so far as such powers or duties, are not inconsistent with the provisions of this Act. (2) The Statues, Ordinances, Regulations. Rules and orders in force immediately before the commencement of this Act shall, in so far as they are not inconsistent with the provisions of this Act, continue to be in force until they are replaced by the Statutes, Ordinances, Regulations, Rules or orders framed under this Act. (3) All properties, all rights of whatever kind used, enjoyed or possessed by, and all interest of wherever kind owned by or vested in or held in trust by or for the University constituted under this Act and all liabilities legally subsisting against the said University shall pass to the University Constituted under this Act. Removal of difficulties. 53. If any difficult arise as to the first constitution or reconstitution of any Authority of the University after the commencement of this Act, or otherwise in first giving effect to the provisions of this Act, the Government may, be order, do anything which appears to them necessary for the purpose of removing the difficulty. Inconsistency with other laws. 54. When the provisions of any other law relating to matters dealt with in this Act, are inconsistent with the provisions of this Act, the provision of such other law shall to the extent of such inconsistency, have no effect.