THE BIJU PATNAIK UNIVERSITY OF TECHNOLOGY ACT, 2002

TheOdisha Gazette EXTRAORDJNARY PUBLIBHEDBYAUfHORITY 0JUSSA ACT 9 OP 2002 •I'HE BIJU PATNAIK UNIVERSITY OF TECHNOLOGY ACT, 2002 [ Reeeived the assent of the Governor 011. the 5th June, 2002, first publi.se4 In an extraorinary lsne of the Orissa Gazette, dated the I7t!JJune. 2002 (No. 829)] AN ACf To PROVIDE FOR THa BSTAJiLJSHMENT AND lNCOllPORAT(ON OF A I'ECRN'oLoGJCAL uNIQasiTY UI Taa STATE OF ORISSA AND FOR MATIBRS CONNEGI'.ED TBBRB\Ylm OR INCIDENTAL 'IBlllUl'l'O. BB it enacted by the Legislature of the State of Orissa in the Fifty-~bird Yeaf of the Republic of India as follows:- CHAPTER I PRBblMCNARY Short titlo 1. (1) Tbie Act may be called the Bij11 Paiaaik University of Technology and mcm. Act, 2002. Doli a.i ti 0 llll • (2) It ~tend& to the whole of the State of Orissa 2. In this Act, unless the context otherwise requires,- (a) "Academic Oounoil'' means the Academic Council of the Hoiverslty; (b) '"affiliated institution1 ' means a College o:r an iO:stitutioo. affiliated to the University and includes & College or an insdtution deemed to. be an· affiliated C.Ollege or institution under this Actj (c) ''Board0 m3an! the BJard of Management of the UnJversilyi_ (d) uB:>ard of St11dies11 :means the B::>atd of Studies of t_he University; (e) "Ohan::ellor" meao.s the Cb.anceUo! of the University; (0 ueouege" means an instJtution admitted to the University In ac;cordaoce With the provisions of this Act and tb.e Statutes, and Includes a Collage managed by the University; (g) ''Constltuont Collego" meant. a College established, managed, mal~ tained and eontro11ed by tho University, and includes a College -Or a Depart1Deot transferred from any other University to tho manap mont, maintenance and c::ontrot of the University; (h) "Council" IUcans the A]I India. Council for Technical Education established under the provisions or the All-India Council for Technical Education Act, 198 ~; (i) ''employee" m:ans every per.:.oo. ici the whole time employment of the UnivcrsityJ 52 or !987. (j) '•Faculty" means -a Faculty of the University; -(k) "Finaoco Committee'' mean1 the Finance Comrnittee of the Unfveralty referred to in section 23~ (l) "Bund" means the fun:I of the University established , andor section 25i (m) "Government" means the Government of Orlssa; (n) "other Universities" mea09 the Universities established or deemed to have bei!n established under the Or!ssa Universities Act, 1989 ot the Orissa University of Agric:ultnre e.nd Technology Act, t96S; (o) "prascribed" 111e.'liJ.~ p~escribed by Statutes, Regulatio:n~ or Rules; (p) "State" means the State of Orissa; *Bor the Billi seo Orlssa Gazette, Extraordinary dated the 4th April 2001. Fot report or the S-!le:::t C.;i:n-uitte See Orisso Gazette Extraordinary, dated 23rd Mareh, 2002. i ~ ! 84 (q) "Statutes'', ·'Regulations" and "Rules" .me~s respectively the ~·statutes'', "Regulations'' and "Rules" of tbe Un1vers1ty made under this Act; · (r) "Teacher" means a Professor, Reader, Leeturer or such oth~r person inparting instruction or conducting or supervising research e1t~er f!J- a Constituent College or in any of the Depar~ents of the University. or in an affiliated College, a8 the context may imply; . (s) "University" means the Biju Patnaik University of Technology established under this Act ; and (t) "University Grants Commission" means tho University Grants Cammi. ssion constituted under the .UniversiLy Giants Commission Act, 1956, a of 1956. CHAPTER Il THE UNIVERSITY Th.Cl 'IJ.Diftr- 3. (I) There shall be established a Universily by the name of "Biju Patnai.kl 8111• University of Technology". Objects. (2) The headquarters of the yniversity shall be located at Rourkela, . . (3) The Chancellor, the first Vice-Chancellor, th.e. first members of tho Board. and the Academic Cotincil and all persons who may hereafter become · such Chancellor, officer and members, so long as they continue to hold office or membership, are hereby constituted a body corporate by the name of ''Biju Patnaik University of Technology" and such body corporate shall have perpetual succession and a common seal and may sue and be sued by that name. (4) Subject to the provisions of this Act and the. Statutes, the University shall be competent to acquire and hold proporty both movable and Immovable, to Iea.se,: sell or otherwise transfer any movable or immovable property, Which maY have "become vested in. .or may have been: acquired by, if for the pul'poses of the University and to contract and do all other things nece!>sary for the purpose of this Act. ·· 4. The Universit:ir shall have the following objects, namely:~ .. (i) to promote .education, reseaich and trai ni_ng in ·engineering and .tecbno~ logy including in[ormation technology and its application,· architecture, . . pharn;iacy, applied arts and craf~s management and applied sciences for the adv~ncement of kn.o.wledge and for the betterment of society; (ii). t.o_.improve the quality of education, research and trafoing in the .field · qf engineering and technology, including information technology and its application, architec~ure, pharmacy, applied arts and crafts management and applied sciences; (ili) (iv) to provide facilities aa.d opportunities · for grad:uate and past~ g.raduate education in engineering and technology · includfng in· formation technology and its application, arcbiteeture, pharmacy, applied arts and crafts management and applied scienco and by. fnstruction, training, · research, development and extension and by such other means af; the University may deem fit; to devise and implement programmes of education in engineering and technology including information technology and its appllca• tion. architecturo, pharmacy, applied arts and crafts management and _applied sc.lence that are rele"Vant to the changing ~eeds of society; (v) to serve as .. a. centre . for fostering co-operatlori and interaction between the academic rand research community on the one hand and ' industry on the other; . · {vi) to organise exchange programmes with other instil utions of .. repute . In India. and ab.road with a View to keepiilg abreast ·of ~be· latest development!. in· relevant areas of teaching and research· - - - ' .. ' Powercs aD" UilctiODll Of V.oiven}tf. 85 (vii) to provije for industrial ·consultancy seni<ie; and (viii), to undertake such other activities as may be required to fulfil the above objects. 5. Subject to su~h otder-s, mles~ regulations, guidelines and directions as may be issued from tirue to time. by the Central Government or the Council under the provisions of All-India Council for Technical Education,· Act 19&7, the Uni\lersity shall have the . following ·power S2 of 1987 and functions; n:amely:- (i) to· es.tabtish and me.iutain Intsitutions for higher studies and research in engineering and technology jneluding information technolo~Y and its application, architecture, pharmacy, applied art& and craft_s mana­ gement and r.ppl ie J sciences; (ii) (iii) (iv) to accord affiliation to any College or Institution of engineering . and toobnology, including information technology and its application, architeeture, pli_armacy, applied ar1s and crafts management or applied sciences as an affilia1cd College or Institution; to grant autonomy to any affiliated C:ollcge or Institution imparting edUcation in engineering and technology including iqformation tecbno­ lDZJ El.nd its application, architecture, pharmacy, app1ied arts and crafts, management and applied sciences; to pr.:>vidc for instruction and training in .such 'branches" of learn­ ing as are in keeping with the obje:ts of the U11iversity and to make provision for research and for the advancelllent and disse- mination cif knowledge;· · · (v) to institute degrees, titles, diplomas and other academic distinctions; (Yi) to grant, subj~ct to such conditions as the Uaiver!lity may determine diplomas or certificates and confer degrees and other academic dis..tinc­ tions on the basis or examinations, evaluation or any other method of a~sessment, on deserving · petson.s; · · (vii) to c-0nfer honorary degrees or other distinctions. on distinguished ~ersons i11 accordanc~ with the coa.ditions to b.: prescribed by the Statutes;. (viii) to withdraw er c?.ncel degrees, · tit!es. diplomas,· .certificates or other distinctions undar such conditions as may b.e prescribed ,by the St&t\ltes; (ix) . . to take me~ures to have co·ostao.t interaction with industries a.rid other employers of technical manpower for orienting the education and training t_owards-the needs of industries and other employers; (x) to provide common forum for interaction between research institu­ tions, industries and other employers and constituent Colleges or , d~partments and' affiliated institutions 9f the Univorsity to· ensure transfer: of technology from ·~esear<;h institutions to industries and to prepare the students· of the l1niversity for using and· disseminating innovative technology; (xi) to act in furtherance of the entrepreneurial skills and abilities among students~ (xii) to asses!'>· the needs of the · State and the ·country in terms of subjec;ts; fields of· specialisation, level of education and training of. technical manp->wer both on short-term arid Jong-term· basis and to fotroduc~ or en.:ourage introduction .. o( inni;ivative training programmes and. to reorient existing trainia.g programwe.s :to meet such needs; I • - - ' (xiii) to_ make arra~gements for prqmoting th~ .health, general welfare : and moral · well-being ofs tudents and take such measures as-. w ou Id foster in them habits of nard work, 'Gelf-diScipJjne aud spirit ·Of serv.i~ tO society; · · · · •' •: ---1 Uni'lersilY ' open lo an 11asses, cas!11 and creeds. Chance1tor. 86 .; - (xiv) to fix: the fees P!!-Yl!-blo · to the U~iver~ity ~nd ~o de°:J.~nd ~nd receive such fees; · - · · · · (xv) to bold and manage endowments and bursaries and to iR\it itute and award fellowships, scholarships, student$bips. med~ls and Frizes ; . (xvf) to instit1!te, raise ;ind provide funds wherever necessary for carrying - · - · ou~ th_e functiol!s of the University ; · -_ ; (xvii) to co-operate with ·oth~r · Universites or Institutions or auth~r1.ties o~ -- associations in such manner and for such pu~pos.es. as the Board Illa)' determine ; · - - " · (xviii) to ei..tab1isb, mainta.in, manage ar;d confer- iecognit!~n t? h.o.~tels ; ~ "i - • ' - • c L - (XiX) to CO~ordfaate,· S1!perv~·se; trgulate and CO~IJOl the teaching, Consultancy ·a·n(i conduct of research in the affiliated and constituent.institutions to the extent deellied necessary ; · · · · (Xx) to determine the powe1s and dutles of the officers and other employees · . of the Univ'e!sit :• othe:r than those Pre. vided in . th'is Act -; (xxi) to proVide for the inspection of affiliated ins1i1uticns and lay down standards of instruction and re~earch ; (x.xii) to in~~itut~ and establish Pr~fee.sorships, Readerships, Lecturersbips and ~y-'otlier ~~c/:iJng and research posts required by the Unjversity and to appoirit persons to such posts ; and l • • - (xxiii) to do all ~uch ac~s and things as may be requim! in furtherance of the - objecls of the 'Uniyer~itl'"; · ... - . - . - . · 6. No person shall, on grounds only of religion, race, caste, sex, descent, residence, language, political opjnion or any: of 'them, be ineligible for, or discriminated against in respect of any employment or office under tl!e University or: membership .ofaoy of the authorities or bodies of the University or admission to any course of study or research in the University : I • • - - • - ' ' ' ' ' · Provi~i:d that the. Universitv may;- i~ cor.si.dtation with the Government, resen1e seats for the ·members of the Backwa1 d Classes of Citizens or:Scheduletl castes or Scheduled Tribes, or Orissa domiciles or women or any other category of persons, for the purpose of admission BS students to any Of tile Constituent ~9!l!:lges or the institutfons-ofthe University .or _affiliated- institutions.· · · · • ~ I '. • CHAPTERfil THE C:ttANCELLO~ AND OFFICERS OF THE UNIVERSITY •••1 r,l,·,~·L~~.-··~ ',·:.· ·. :.,~. 1 1 11 -; 7. (1) The Governor of Orissa shall, by virtue of bis office, be the Chancellor oqhe:tJw~~~ity. ,. ,_ _ ... : . __ ,: ., _ ...... ··. (2) The Chancellor shall bo the heaq of ~be J]njversity _and shall, whan present," preside ~artbe i:riee(ii::ig'orthe coovocation of the University. (~) All.!":uthorities or the Uoiversity Shall be subordinate to the Cbaµcellor. I -~ .. , ~ j / - 1 ,, 1.1 .... rot"f••• •t-,,,,. ~1111: ~· ,~-;:;• .~,j 1 • ~•Ii'' (4) The ·c.ti~cellor 'may; either ·.'su'o motu or OD' a refo;-ence made to ~~. · ~r ')¥. · ":i\:e-'qhan~~1:1Rf ·~n~~ .. · -t~e _provi~i?ns, ·o:f sub-secti9n (8) . of se~1.on 10· 9,r b:Y, the O!>ivenuiient, by pfder 1_n wr1tmg,: annuaJ ·:any··proceedmg of aily cif ·the ··authorities 'of the University which is not ·in conformity -with this Act, the Statutes, Regulations, Rules or any other Law for the time being iq force : ·; .. .... . - :· , ! :-. f • ~ •·, ' .,. • ·, - • j I I. • Provided that before making· any such order the- Chancellor shall call upon such authority to show cause why such an order, should not be-made and;-· i(-any CBUS~ ,. iS ·:shOWD tJy ''suco ·autliority within "a- re&Sonaqle· time, &hal!-"Consider 'tJie 1 Same> l' ''• -- ·- ' ... - " 1 ·- . . . - .• I -~ ? r. ~ _ · (5) The C~an~llor -shall have the right to ~uspe:nd or di_~miss any of the aut~orities.: of .the University' ·=and·- to "take . measures for ·the interim administration of the University : I . Proy(ded· that before · 'ta'kio'g ·. any .s~cb ~~!!on~ tb~ .~flanc~llor sl:lall g_ive an ~. oppcirti.lnitjr'· to : 'such ~Jithorftf to .show ~use· wiY,. ;; uch· an act1on sbould·-not ;, be-' I taken. '· : ' - · · .,., !L - .. • - .. ·.. • ·- .. · ' .· , officers 0 r tho Univer· sily. 'I hCI v ic:o­ CbanceUor. 87 (6) Eyf:~Y p,ropo.~a1 f9r the Conferment .of ~n honorary de.~~ee shall be aubjept to 9i;lnfi~W.!'!Hon. of the Ghanctllor; . . . . . ~ ... · (7> An· ap~al shall Ii~ to the Chancellor ag. inst aoy order of dismissal passed tiy' the' Boai:(l · or the Vice.Chancellor against any employee in the serv~~ pf t~e University; , - · .· -· (8) An appeal under sub.section 171 shall be :filed within iiixly days from tbe date of service of th.e order of d·~~issal on the employee cO'ncerfre_d; ! • I I' 1 : (9) The Cnancellor shall ba\'e power to remove the Vice·Cb~ncellor from office by an order. in writing on charges of mismanagement of funds or !nisconduc~ ·or for anY other good and sufficient reasons : Provided that no orde~ rei;noviag the Vice-Chancel/or under this sub· _section Shall be "passed Until Su'cb 'charges are p~oV~d by· an enquiry C'?i.19Ucted by an officer. not below· the rank of: Secretary to Government appomted by the Chancellor fot the -purpose .. :.. · · - · · · - - Provided further that ~he Vice.Cb13-nceJJor shall not be removed under this sub,~scction unless be" has J>een g~~en a reasona'Qle opporp~nit'y of showing cause against the act.io'1 '_p~~~os~~' tp -·~ - take~ a~insf hii:n:- 8. The following sba11 be the officers of the University: namely :- . I ' ' • I ' - - ' ~ j {i) the Vice-Chancellor ; (fl) the Registrar ; (iii) the Fin_ance Officer ; (iv) the Director, Curriculum Development ; (v) the: Director, ·Examination; and ~ . . ' . - _. . ·, . (Vi) such other. Officers as may be declared by thl? s~~t9tes to be ' ' offieers oi· tJie 1!University ; " · -?1 <n T!J~ '\'.lc~-Chancellor sha:ll be , arp.ointed by the Chancellor from am9ng - te~,tinica\ edu9a~ipn _eX,Rei;fs fro,p:i ·OLlt of a panel . of three names recommended by a Committ,ee appoiµJed by him. -who· ·a:tc not membe11> of the Committee: - Provided· that the first Vice-Chancellor shall be appqinted by the Chancellor from a panel of. three names recommended ·1 by :tfie', Government. (2) The Commitlee rere'rred to in sub-section (1) shall con-sist of three members of whom one shaU be nominated by the University Grants Commission, --oiie · shall be elected 'by · tfie· ,, Board and the rein-aining-. member shall be nominated by the Government and the Chancellor 'sb~all appo'int one of the members to be the Chairman of the Committ.~~ : Provided· ·that no person &hall be eliglble to be a member of the- ,.. Committee, if he is a member of any of the authorities_ of the University or .S:I1 -einp\pyee of tho University- or'-of a .Colleg~· or institution" ~lntained o_r ~~cogniq-ed by, or· "!ffiliated .. to, the Um~_er.iity. . - - · 1 . . (3) The Committee shall make :the r~quired recommendation within a ~riod of threc'.1mo~ths. _from' the~ daJe:· of its'._ app~in·~~eaJ,"' i~f!i~i· w~~c~. anpther such .. Coml!llttee shaIJ -be ·app·oIDte'cl' by t.lie 'Clii!nceUor to· Dlake · tbe require~ recomineildatiOn to .~he· .Ch~nceno,r~· wh~'~~.aff ·aJ?po~i;it "_8.'-V-i~-~-<;::b,~:~~H~r accordmgly. _ . ".' .,., 1,_ r ... ·., .. --., ,,. - , .. '. " _., _ (4) No Ferson who ,gas completed sjxty-five years of age shall be eligible to hold the office of the Vice-Cliance1Jor. ' ,.. - -,. · · · · ':· ~,. -·-·: ..... - . • ... -1.""' Power and dDtics ofVicc -Chance nor. 88 (5J The Vfce-Chanccllor shall hold office for a term of five years from the date on w~ich he enters upon his office and shall be eligible for reappqint­ ment for another term or till he attains the age of sixty-five, whichever is earlier, without ·followiitg .the procedure epecified in sub-section ( 1). - (61 The remuneration payal)le to, and the other conditions of service of the Vice-Chancellor sh<ill be determined by the Chancellor: Provided that the remuneration ·and other conditions of service sball not be v.ided to the dis:i.dvantage of the Vice-Chancellor during bis tenure as such. 10 .. (J) The Vice-Chancellor shall be the principal academic and executive officer of the University and all other officors of the University shall be subject to general i;;upervision and control of th: Vice-Chancellor. (2) The Vic<=·Chancelior shall be the Chairman of the Board -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 thereat unless .be is a member of the authority concerned. (3) It shall be the duty of the Vice-Chancellor . to ensure tbaf the provisions of this Act, the Statutes, Regulations and Rules are observed and he shall have all the powers as . necessary for this purpose. (4) The Vice-Chancellor shall have the right of visiting· and inspecting institutions maintained by, or affiliated to, the University. (5) If the Vice-Chancellor is of the opinion that any order or dicision which is required to be p.assed or mad~ by any authority of the University is nece:.sity to be passed or made immediately and it is not practicable to convene a meeting of the said authority for that purpose, he may pass such order or_ take ·such _decision as be deems proper and place the matter before the said authority at its ne_x:t meeting for ratification, and where the authority differs from the Vice-Chancellor, the matter shall be referred to the Chancellor Whose decision thereon shall be final· (6) Subject to tbe provisions of this Aet, and the Statutes, the VicC-: Chancellor shall have the power;- - (4) to make appointme'nt ' to po>ts below. the railk of· AS!li!ltant Registrar and of non-teacbin·g employees or to such posts as :nay be preScribed and specify their duties ; · (bJ to suspeqd, dismiss or otherwise punish any employee of the University below the rank 9f Assistant Regislrar including non­ reaching employees ; and (c) to ta.ke disciplinary action against students of the _ University : ~·/_, }>- "'- ~ - ' I' to . :Provided that he may delegate _any of t~e_. power.s und~r .. this sub.-section. the Re:f?_iStiar ... _ · - . · · . · . _, . : . - ... (7) The Vice-Chancellor shall have the power to convene meetings of tbe Board or the Academic Council or any ot_ber authority of the University, (8) It shall be lhe 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 Statutes , Regulations and Rules, and where the Vice-Chancellor is of opinion that any proc:eedingi.. or order of _an authority of. the Universjty is -violative of any pr.ovision of this Act, the _Statutes; Regulation~ .or: Rule::. he may,_ by an.' order in -'!Vriting, stay tfie operation of .S"!!Ch proceedings or· O"r~~r. ~nd send - a repqrt ·and _-make a reference t? the ,Chancell~r_ for a final· decision ~n.~ccor.· · dance· ·with pro'vi sions. of su b-sect1on ( 4) of section 7. · ... (~) .. '.l'~he.:V~~-Cbancetlc.r_ shal!· exercise .suc~·.ot~er. pow.irs an~; p~rform.!tuch other, runct10!l1' as may be prescnbed . by the ·Statutes. and Regula:hons. . ' _._ , The Registrar. Finance Officer. ·Director, Curdcuium [)cveiop· ment, D~tor, E.mmioation and_ the other orfi~u. APPQmtmtnt of Jiist offiCcJS, · · Appoint­ ru.cntsto b. notified. · 89 (JO) In the event of absence of the Vice-Chancellor from tile heaclquarteri. or durinS his inability to act due to reason~ like Jllness, the Chancellor may make such arrangement for -performance of the du ties of the Vice-Chancellor ai. he may deem fit. during such absence. ' 'j •I (J J} Jn the event of the occurrence qf vacancy in the office of the. Vice­ Cba nc:ttllor by reason of oeath, tesignatinn or otherwise, the Chancellor may ap:pDin'- any person to act as Vice-Chancellor until a rerulur appoint~ent of Vice-ChanceHor is made in accordance with section 9: · Provided that the perioJ of such interim arrange'ment ,shall not e11:ceed six months. 11. (1) The Rcgistrnr_ shal.l be a whole time officer of the University and shall be appointed by the Board for !>uch 'period and on such term~ and eondilions as may be prescribed by Statute~. (2) The Registrar ~hall be resp~nsibJe for- (a) the custody of lhc records and the common seal of the University; (b) maintaining a permanent reco1J of the academic performance of students of the University including the courses take a, grades ·obtained, degrees awarded, prize~ or other distinclions won and any other items pertaining -to the tlcademic performance of the students ; and (c) ex<:cute all contracts on bebnlf of the Universiey. (3) The Registrar shall exercise -such other powers anti perform such other duties as may·be-imposed on him by Statutes. l4) All i.uits and other legal proceedings by or agni».st the University shall bC instituted by or against tb.e Registrar. U. ( 1) The Board shall appoint a person selected from among a panel con­ taining the names of officers belonging to the Orissa Finance·· Service furnished. by the. Oow~amenc, as tb.e Finance Oftlcer of the University for such pe1iod and on such terms ils may be prescribed by Statutes. (2) The Ffoance Officer shall be a whole time officer of the University and shall, subject to the CQntrol of the Vke·Chan~llor, exercise such powers and perfonn such dutie.s as may be prescribed by Statutes. · 13. (1) The Board shall appoint lhe Director. Curriculum Development. the Director. Exam.in:ation. and ahc the other offirers of the University as referrc:d to in clause (Vi} of Section 8, for such period and on· such terms ai. may be proscribecl by Statutes. (2) The Director, Curricul\im Development, the Director, Examination and the other officers shall exercise such powers and perform such duties as mny be prescribed by Statutes. 14. Notwi1hstand1ng anything "contained in seclions J1, 12 and J3 tho first Registrar, the first Finance Officer. the first Direclc,r, Curriculum Dc~elupmi:nt and the first Director, Examinatioa. .. sba.ll be appointed by the CbanceUor on rec.ommondation of the Govermnent. 15. The appointments of the Vice..Chancellor. the Registrar, the Finance · Officer, the Director, Curriculum Dovolopment. the Director,. Examination and the - other Officen of the Univeraity ,shall be notified io tnc Gazette. · - - - . ·.·.·.-~ ·.- .- : . Authoriti ·s of lbe Univonjly. · Boord. ·r • • -,' - I• Ii"·.• •,": 90 CHAPTER-IV AUTHORITIES bF THE UNIVERSITY 16. The following shall be the authorities of tlie Univer~ity, namely:- •·' . - -- (iJ t_hc Board ; (ii) the Academic Council ; ·(iii) the Faculties ; (iv) the Board of Studies ; (11) the Finance. Committee ; and - (vi) such other bodies or authorities a6 may be declared by Statutes to be .authorities of the University. 17. (1) -The Board shall be _the chief Cxccutfve body of the University and shall consist of the following members, namely:- _Ex-officio members:- (i) the Vice-Cbancelior ;_ (ii) the Se~rctary to Government, Industries Depa1tmcnt ; (il1i the Secretary to Government, Finance Department ; (i~) the Secretary ~o G-ovem~e~t. Higher Education Department ; .j : ·- (11) .the Secretary to Government. Science and Technology Department ; (,;) the Director of Technical Education and Training. ·-'' Other members- ,j• • (vii) one p·ersan from among Dircctors/Dearis of tlie Universjty. nominated by the. Vice-Chancellor ; (viii) one Principal of any of the· oftiliated or constituent Colleges of the· University, ·nominated by the Vice-Chancellor ; . (ix) two members of the Academic 'Council, elected by the ~embers· · thereof; (x) 1 wo members of 1he Orissa Lcgisl111 ive Assembly, elected by the members thereof ;_ (xi) two persons representing industries, both Private and Public Sectors, nominated by the Chancellor ; (xil) one Professor-or Director of a premier technica I -education institution like IlT or HM nominated by the Chnncellor ·; . · (xiii) one official representative .of the Council -nominated by it ;, and . : (xiv) ·one member from amongst· the .. members of Governing Bodies of · affiliated' institutions~ nominated· by the Viee-.Choncellor. " P 01.YCII and runct10113 of !loo.rd. · 91 (2) The term of office oft he members of the Board, other than 1he ex-officio members, shall be three years fr om the. date of tlieir nom in ati on or election, as the case may be, and they shall n0t be digiblc for re nomination o re-election for the next consecutive term. · · (3) The Secretary to a Govcrumcnl. Deparlment may nominate any officer not below the rank of a Joint Secretary lo attend any ·or nil the meeting- o,f the Board and the officer so nominnted shall have nil the piiwcrs nnJ privileges of the memberfl. of the Bo:lrd. 18. ·Subject to lhe 'provision of this Act and the Statutes, the Board Fhall exercise and perform Lhe following powers .:nd functions, nnmely:- (1) to exercise the executive powers of the U nivcr si ty i ncJ. -ding the general - suporint..!mlcncc and control over ils institutions; ' (ii) to admit an instilution to the L' nive'sily as an 11ffil1<11cd ins1 itulil n in acconlanc~~ with the terms and conditions rrescribcd by the Statutes; (iii) to make Statutes for the consideration and approval of Governn:ent; (iv) to hold, con lrol n nd a dminis tcr · h.c p operties and fi.. nds of the University including investn,ent. of money in· such ~tocks, funds, shares ot securites as deemed fit. · (v) to pi:ovide buildings," premis~s. furniture, appar.itus and other requisites for carrying on the work of the University and to that end enter · into, vary, carry o.1!-t and cancel con•racts on behalf ofth.e University; (vi) to,direct the form and use of the common seal ofilhe University; (vii) to establish, maintain and manage departments .and institutes of research and other advancd centres of learning.a.sit may, from time to t~e. deem neces~ary; · ·(viii) to appoint teachers and olficers of and above the rank of the Assistant Registrar and to prescribe their duties; (Ix) to create teaching, _ technical, odminisu·.i.tive. ministerial and other necessary posts; (x) to snspend, discharge, dismiss or otherwise tftke di~ciplinary action against teachers, and officers of and above the rank of Assistant Registrar; 1 (xl) to fix. and- regulate the fees payable by .the students subject lo sudl instructions as may be issued by the Central Government ·or the Council or the U niyersity Grants<:; ommission; (xii) to create research fellowships, honorary or otherwise; (:xiii) to. create fellowships, scholarships, sh1dentships, bursaries, medals and prizes on the recommendation of the Finance Committee; · (xii>) to exercise supervision and control over the residence and discipline of students; · · · (xv) to consider and pass the :financial estimates, the annual accounts, togather wilh the audil report and the annual report of the U11iversity in acc­ Qrdance with the provisions of the Statutes made in tliis behalf; (.:i.1'i) to have overall supervision ov~r I he conduct _of examination and approval and publication of the results thcicof; (xvii) to appoint roembers to the Faculties ;.nd Board of Studies; (xviii) to dellgate any of its powers to the Vicc-Chanc1:llor or any other authority or o.a;icer as it·may deem fit; (xix) to prescribe procedure for the inspection of a ffiliutcd institutions so p.s to ensure compliance with the conditi(•ns of affiliation and to decide on · the continuance of affiliation; · (.'l:'X) to aceept grants, endowmc11ts, bcqueHs, donafions an<l transfers of movable and immovable properties to the University on its behalf; Academic Cou.ixi.J. ,• Powers l!l.Dd fu1J1;pom1 of Wd,emic Councjl. 92 (XXi) to negotiate with other Universities for the recognition of the cx~;ninJ.ti.::m.; .::if the University; and . . (x.xii}" to ex.erci!.e such otheT powers and perform such oth~r du.tie:) as m&.y be prescribed b)' Statutes. 19. (I) The Acade~io Council shall be tl11; principal academic body of the Uni't'ersity and subjtCt 1o the provision of this Act and the Statutes, it ~ball · co-ordinate and exercise general supervision over the academic programmes and policies or the Univc.rsi1y and shall be respDnsible for the maintenance of standards of instruction, research, education and examination within tha University and shall exercise sUch powers a11d perform such other duties ~s ruay be conferred on _it by Sta-tutes. (2) The. Academic Council aba.ll consi•t of the following mcmnen, nameiy:­ Bx-o.fficio members- (j} the Vice~Chancellor; {U) Secretn1y lo Government, Indu~trics DcPartmc11t or 11\s nominee not below the ranlc of a Joint SecretarY;· (iii) Secretary to Government, -Science and Tec;hnolvgy Department or bis . nominee not below the rank of a Joint Secretary; (iv) the Director of '.f'echnical Education and Training; (v} the Director· of 1nq.us1.ries; (vi) the Deans of Faculties; (vif) all Directors In the University; (vm) Principals of all the corisUtucnt and affiliated colleges and institutions of the Unive~ity; Other members- - {ix) ten teacliers of cooatitucnt and &ffili!ited ~colleges and institutions nominated bY the Vico-Chanoellor on rotatfon basis: Pl'oVicled that the namber of teachers from each costituent or affiliated College or institution nominated undet th1s category shall not exceed one; · (;i-) five ouunand.ing schola1s of national or international 1ePutc from outside the State of which tbl'ee tiba.11 be nominated by the CllanceUo'r and two by the Council; (Xi) :6.w offi~& from national level institut;on~ or organisations Sllch as Council of Scientific .and Industrial ~search, Dcplll'tment of Sciem:e and Teclmology (Government of Indi.ei,), Indian Space Research Or.Sanisation, Defence Research an.d De,•elopmcnf Organisation, Railway Design and Staodards 01"ganisation and other similar instituuonf>, nominated by the Vice-Chancellor; (xil) three .representatives of ind ustrics to be 11 ominated by the Ch;rncellor; (xiii) two ·officers in the rank of General Manager or above in [he Stato Public Sector Undertakings which a.re m.::ijor cmpluyers of the graduate engineers, nominated b)" the Government; · (Xiv) two Chief Engineers of the Governmont Dcpartmcnls, nominated by the G~m;.roment; and (xv) two iJer!lons from industrial or tecbnlcal consultancy organisation!! of national repute1 nominated by the Government. (3) The rerm~ of office of the members, other than ex-officio members, shall be three.. rears. ' - .20. Subject to the provisions of this Act ancl of the Statutes, the Academic Council sha.11 have ttie rollowing powers· and fun.ct ions. namely::_ . (l) to advise the Board. on all academic matters; PaouJtle!.. 93 {ii) to make regulations and to amend or-repeal tile same, on -the foll-owing matters:- ( a) prescribing coursc'l-of studics--and Sehl.mes of exarniualions, (b) conducting annual review of c.:iurse', offered, contents of curriculum and prescribing new courses to be introduccJ keeping 'in view tho nc;eds of the industry and prescribing modifications in curriculum, - (c) prcscribiag qualifications for ad:nission of students to \iarious courses of . studies, to research degrees and to t11e examinations and the conditions under which e;r.:emPtions may be granted, - ( d) prescribing tl1 c standards of evaluation of the perform.a nee of students and classlficatio n of students on the basis of their perform ancc in , the examinations, (e) pre~cribiO£ the coaditions for admission of candidates for research degrees _ and the requirements for the award of such degree~, - (f) prescribing the qualifications for recognition of teachers and scientists as supervisors for re~carcb, (g) proscribing tho equivalence of examinations, degrees, diplomas and certifica1es of other Universities, (h) prescribi 0 ng the qualifications of teachers in confo.rmity with the reco- -mmcndations of the Council, and · (i) prescribing lhc norms for the upgradation of teaching posts; (iii) to examine and act upon the recommendations of th13 various Faculties in makg inregulations; (iv) to determine what degrees, diplomas and other academic distinctions Sb.all be grantod oy the University and to award the same; (v) to institute sehola~ships and fellowships; (vi) to consider the annual reports a11d to make suggestions the-econ to theBoard i (vii) to recommend -to the B"ard the conferment of honorary degrees and other distinctions ; - (viii) to dclegat6 such of its powers to such Committees, Standing Committees, Sub-Committei:s or officers of the University as it may consider n\·cessary for discharge of its functions.; and (ix) to e11:ercise such other_ powers and perform such other functions as may be prescribed by statutes. . . 21. (1) The University shall oonstitute such number of Facultic1 as may be prescribed by Statutes from time to time and each such Faculty shall, subject to the control of the Academic Council, be responsible for the Co-ordination of study and research in-the branches represented in the Board of Studies coming under its purview. (2) The term of the Faculty and its constitution and membership shall be as prescribed by Statutes. - · (3) subject to the_ provisions· ofthis A:_ct, each Faculty shall e11:crc:ise such powers and perform such duhe~ as may be prescribed by Statutes. - . (4) There shall be a Dean for· each Faculty, who shall be nqminated by the Vice-Chancellor. . . . . (5) Th~ Dean of e~cb Fa~ty sb~ll_be rcspo°:sible ~or the due observance of the Statutes and Regulation ii and 1a. gu1dmg the dellb:rations of the Pacul!y. (6) The Dean of a Faculty sbaU bold office for a term of three ye are. Boa.rd of Studies.. financ.: Committee, COll!titution of Selc:<:tioo committee. _ 94 22. {I) There shall ·be a ~oar~ ~[ studies for each bra,.ncb of study otr branches of study as the Board may d1e1de. (2) The constitution a,i;i.d powers of the Board of Studies shall 1'fi as prescribe6 b)' Statutei;. • 23. (J) There shall ~ a Fi.nance Commith;e with ~ per~on no~ine.ted by the_ Board as its Cbajrma~_ and tbe Fma11;?e Officer. of t?c Umvet~1t)' a~ it~ Convener. to advise the un1vers1ty on any.question affecting its finances. (2) subject to the provisions of. this Act, tb_e con.~itutioo, powei:s and fo.nctions of the Finance Committee autl its procedun: u;i.clud_IDg lhe delegauon of its pon-ers, shall be aS prescribed by Statutes. CHAPTER V SELECTION COMMITTEES · - 24- (/) The Chanc~llor shall, in con~ullation. -ri:ith tb.e Board, constitute from time to time, separate Selection Committees for the pUrpose of seleotion of candid:;ites for recruitment to the posts of- (a) Professors and Renders; (b) L~cturers and other posts not being of non:teacbin.g:stl$'. ~ 1µ1d tc) Non-teacQ_i'n~. sta.ff. (2) The Selection Committee shaH consist of such members as may be presctibcd by .Statutes. _ (3). No pc.~s.c;in. s~all be directly recruited t~ the t~apbi.~g o.r no;i;i.·tea.,c~ng peats of the University, c.Xccpt on the recommendation oft~e concerned Sclec~1on Comrnittec eonslitutcd under sub·scctiou ll)- ( 4) The quorum for a meeting -of a Selec.tion Committee shaJI. b~ such as IDay prcscr ibcd bY Statutes subject to the condition that the" quorum shnll include at 1east one subject expert and a nominee of Government. (5) The procedur" to be followed by eacb Selection Commiltee for: sel~ction of candidates shall be such as may be presdriBecl by Statutes. · · . - '· · (6) Where an oral test is proro.~ed to bf:. con,4u_cted: by the Selection Co_mmittee, il may invite, wht:re it is considered necessary, any per$ol1 m: pex:sons With- e~Pert knowledge in particular subject to assist the Selection Committee at the interview but sue~ person or persons shaH not be cnthled t.o award m.arkS~ (7) The selection lists preparcc;L, by the Select~on Com~ittec shall be published in.the Notice Bo3rd of the University. - . · · (8) the selection list published under sub"..seCti~n (7) sha_ll remain in force for a period of one year from the date of such pilblication and· all vacancies arising during the said p~riod shall be filled up from the list so pubJ.i_shcd. (9) -wnere the l;loard p_i;op~se~ to make eni appointment otherwise than in accordance 'n'.ith tb.c order of merit arranged by the Selec;tion Committee, it shall re:;ord. its rcasous lhercfor in writing and SU_bmit them to tbe Chancellot who. may approv.e the proposal or return it to the Board for reconsideration . . (10), After re.consi~~ration in. purs~an,c;e o( sub-s,~~tion (91. if tl~e :Board desues to pursue .its orJ~l!J.al proposal. lt .shall refer the mp,l_t~i: again to th9 Chancellor for his decision and the decision of the Chancellor tbe1eon shall be fin.at (11) The Chancellor shall have- the power to give directions, to the Vice· Chaa~llor_to cance.l any appointment not ma,d~ i~. a_ccordam::e with the i>ro"'.isioo~ of this section : · - - - - · · - P~ovided that before·gh~ing a dir.:ct.ion uni;te,i; l:b.i~ .s:ub-section, the. Cba.o.cellor shall give to_ t~"- ~rson s0 ·appointed a . rea.sonabk oppo~.tunity. tti show- cau~e,a,~ to whY. such dtrectJon should not be given and shall ·consider his explanation·g and objections, if aay. -, I_ Unlvenlni Fund. Power to borrow. Financial est Ates. 95 (12) Jf at any· tizne . it is· qi_sclosed that a per~n has, while applying for aPP?intia.ent tci any po::[!t "H-nder the University, i;nade any fal~e statem~nt or _ C).eclaration before the Selection Committee or ip iµiy applic~tion s~bmitted by him or has prod~d any false clocumeats, bis appointment shall, without prejudice to aoy other action th~t may· be taken against hii:n, be cancelled by the Vice~Chancellor : provided that before· can.celling any such_ uppoi~trµent, the Vice.Chancellor shall give to the person, so appointed, a reasonable opportunity to show cause as to why the apoointment should not be cancelled and shall consider his expJana· tions and objec_tions, if any~ · CHAPTER VI FINANCE AND ACCOUNTS - -- .. . ' 2S. (I) The University ~hall establish a f1:llld to be called the University Fuod· - , I •• ' • 1 (2) The f9!Iowing shall form part of, or be paid iaJo, the University Fund, namely - · · . (a) any contribution or grant by the Qovennnent, Central Go\."crnment. Council, Ul'.liversity Grants Commission, fodustriEt;~ Undei:takii;l?'• Corporations, C'ompani'es or loea.1 authorities ; · · (b) incomt< of tb.e University from any source includ,ing ~ncor;ne fr9)D fees, charges and sale proceeds; ' · · · '· · · ' · · (c) bequests, doQations, endowments and other grants, i~ an>:'~ received by the University ; and - · · (d) misceUaneous ~eceipts. (3) With the prior appro".al of Government, the University may, from time to time, establish such other funds in such nam~ and for such specific purpose or purposes as may be d.ec_i.ded by _the B:oai::d. (4) Every such fund Shall. be kept in a Nationalised Bank or Scheduled Bank or invested in such flecurities as may be decid_ed b~ the 'Board_. ' (5) The fonds, and all moneys of the U.ni".ersity Shall be m~aged in such mann.er as iµ_ay &e prescribed by Statutes • . ' ' (6) The Government shall~ for the purpo~e of sm9o~h functioning of the University, make a lump sum grant to it every year. 26. The Uaiversity may, with the pi:evious sa~ction of G.overn.mentas regards the purpose and amount of loan and subject to such· conditions as may be specified by Government as to sec.urity and 1 ate. of interest, borrow any sum of money from any Nationalised Bank o·r Scheduled Bank or a.nY other incorporated body. . . 21. (J) The University sb.all prepare the financial estimates Of receipts and expenditure of the Unive.rsity in 6Uch manner as. may be prescribed by Statutes. (2) The ~oard shall consider the estim~tes s.o prepa:red and ai:iprove them With Or witbO'Ut modification. · . . . (3) The Uni\'e~lty shall su.b,mit such es_Urqa~s as .. a.pp~oved by t,be Board to: t~h~ Go:vernm.erµ.t, for its.s.a~cti.o:q.. (4). The. Oo:vecnment- inay pass such orders wJth reference to. the said estimates. as it thinks fit and communicate the same to the University which shall give effect to such order. · (5) The Board maY. in urgent cases where expenditure in i;:xcess of the ti:mQ,J.!..~t~ pro-VJ(led £9,r_ iq... th~ bu~g~~ is foun,cl t.oi be necessarY.,. for r~s,ons to be rec;~rdl!.d. in wr~tipg;; inq:u~ s_uch ~xp~ndi~ure. Ann1111 report. 96 ~- (J) The annual accounts of the -Universily shall be prepare~ by the Finance Officer under the direction of the Board and all moneys accruing to, or received by, the University from·whatever sources and aU amounts disbursed and paid by the University shall be entered in the accounts. · (2) The accounts of the University shall, atleast once in every Year and at interval of not more than fifteen months, be audited in accordance with the provisions of the Orissa Local Fund Audit Act, 1948 and the provisions of that Orisla Act 5 Act shall apply to such audit. or 1948. (3) All reports on audit made under sub-section (2) shall, as soon as may be after they are received from the Examiner of Local Accounts, be laid before tho State Legistature for a total period of fourteen ·days which may be comprised in one or more sessions. (4) The Government shall hllve powers to conduct special audit if required in respect of utilisation of funds and the University shall comply with tho directions issued by the Government on such audit. - (5) The auditors shall also report on any other matter relating to the accounts of the University as may be required by the Government. (6) The University shell forthwith rectify or remedy anv defect or irregularity pointed out bY the audltors and report the ac1ion taken to the Goyernment. 29. (J) The Board shall prepare the aanuBI report of the University containing tuch particulars as the Government may specify covering each financial year and, before its final approval, it shall be· presented to the Academic Council for its review· on or before such date as may be prescribed by Statutes. (2) Copies of the annual report and the annual accounis shaJl bo sent to Governmen1 and the Government shaJI place them before tho State Legislature. CHAPTER VIl STATUTES, REGULATIONS AND RULES 30. Su bjeet to the provisions· of this Act, tbe Statutes· may provide for all. or any of the following matters, namely :- (a) tho -constitutioof>, function and powers of the Faculties. Board of Studies, Finance Committee, other authorities of the University and such other bodies as may be declared to be authorities of the University ; (b) the method of recruitment, condition of . service, powers ·and duties of the officers, teachers and other employees of the University ; (c) the conferment of honorary degrees ; (d) the award of degrec9, diplomas, titles, certificates and other academic distinction• ; (e1 ~he withdrawal of degrees, diplomas, certificate~- and other academic distinctions ; . (}) the institutfon .of fellowships, scholarships, studentshJps, exhibitions, medals and prhes ; · - (g) ihe p·rocedure to be followed at meetings of authorities of the University including the quorum for the transaction of business by them; (h) the clas~Hlcation of teachers of the University·and other employees; (i) ae<:eptance and management of bequests.:. donation&· and endowments; (j) .the grant of atJµiation to institutions; {kJ recognition of examinations of other Universities or educational lnstitutfo::is as equivalent to the eJ.amJoations of the University; Procedure tor making: Statute:J. 97 (l) fees to be charged for the courses of studies in the University and for admission to the examination!>, degrees and dip}omas of the University; (mj conditions. relating to the award offellowships, scholarships, studentr.h\p, exhibitions, medals and prizes; ,, (n) conduct of examin!l.tions, includio~ the terms of office, manner of appoint­ ment and the duties of e;i;;arninat1on bodies, e"'aminers and moderators; (o) supervision of students engaged· in research and special studies in constituent or affiliated institutions; (p) fee to be charged for the service rendered by the Unive1sity; and (q) any other matters which require to be or may be prescribed under this Act or by the Statutes, - 31. (I) The First Statutes of the University shail be m1fde bY the Government by notification and shall continue to be in force until amended or superseded by Statutes made by the Board in accordance with the provisions of this section. {2) The Board may, •from time to time, make new or additional Statutes or may amend or repeal the StatUtes in the manner hereinartcr provided. (3) No Statutes affecting the powers or duties of any authority of the University shall be made by the Board unless the· draft of such Statutes is referred by the Vice·Chacellor to that authority for _c11:presaing Hs 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 are duly considered. . - (4) Statutes passed by the Board shall be subinitled to the Government, who may give or withhold its approval thereto or refer it bJ.ck to the Board for r.:consideration witli such observations as it may deem fit. (5) No Statutes passed by the Board Shall be valid until ·approved by Government and it shall come into force on the date of its publication in the Gazette or on such othef !;fate as the Government may fix. Rc:suJatiom. 32. (Jj The Academic Council may, subject to the approlal of the Board make Reg1:1lations consistent with this Act atld the Statutes. (2) The Regulations may provide for the exercise of all or any of the powers and functions enumerated in Section 20. (3) The Regulations shall come into force on the date of their publication in the Gazette or on such other date as the Board may direct. Rules. 33. (1) The Academic Council, Faculties, Board of Studies and tiie Finance Committee of the Univer6ity may, subject to the approval of the Boe.rd, mab Rules .consistent with this Act, the Statutes and the Regulations. (2) The Rules may provide ·for- (a) the giving of notices to the m_embers of each authority, the dates of· meetings and the business to be transacted at their meetings and a]sci for keeping a record of the Proceedings of the 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 the mAtters hot provided for by this Act, the Statutes or the Regulations. - (3) The Board may. refuse to app·~ove the Rules submitted to it or.may return them to the- authority concerned for further consideration or -may app_rove tbe Ru\es· without modification or s1,1bject to such modifications aa tbe Board may deom fit. VBCa.ncy not to invaltdatc the Ptoc:c­ dinS. etc. or authori&ica. Filling ap C8IUa1 't'flCaD.c:lc:ll. Bcsignation and removal of members. Tramf'Q'o connltucnt Collcle• or natilations of other Univcrdlia. 98 ( 4) Rules made under this section shall C'?mc into force on the date of their publication in the Gazette or on such 0th.er date as the Board may direct. CHAPTER VDI FILLING UP VACANCIES, REMOVAL. ETC. OF MEMBERS OF THE -AUTHORITIES AND BODIES OF THE UNIVERSITY 34, NO act or proceedings of the Board. Academic Council or any other .body constituted under this Act or the Statutes shall be invalid merely. by reason of any vacancy existing in the authority or body performing the act or passing the proceedings. 35. All vacancies arising by reason of death, resignation or otherwise among the members of anY of the authorities of the University, who were nominated, elected· or selected, shall be filled up as soon&:! convenient may be bY nomination, election o.r selection, as the case may be, and any person so nominated. elected or selected shall hold office for the unexpired portion of the term of his predecessor in office. _ 36. (1) Any member of any authority· or body of the Unive1sity me.y resign from b..is office by a letter addressed to the Registrar and the resignation shall take effect from tbe dato of receipt of the letter by. the Registrar. l2) The Vice-Chancellor me.y, on the recommendation of the Board. remove the name of anY person, convicted by a court of law of any offence involving moral delinquency or punished by th.e University for malpractice connected with any University examination, from membership of any authority or body of the University and for the some reason may withdraw any degree or diploma conferred or granted by the University. _ (3) Th.e Vice-Chancellor may, on the recommendation of the Board, also remove any person from the membership of any authority .or body of tho University if he becomes mentally unsound qr a deaf-mute or has applied te bo 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 auth.ority or body, he shall cease to be a mombcr of ·such authority or body. and thereupon the Registrar shall intimate him that he bas ceased to be such membe_r: . rn .___ . Provided that such authority or body may if satisfied that there· was sufficient cause for the failure of the mem her to attend the meetings, restore him to its membership. CHAPTER IX TRANSFER OF COLLEGES. INSTITUTIONS, EMPLOYEES AND PROPERTY THEREOF AND AFFILIATION, ETC. 37. (J) Notwithstanding anything contained in the Orissa Universities .Act. 1989 or the Statutes made thereunder, or in the Orissa University of Agriculture and Technology Act, 1965 or the Statutes made thereunder, aay or e.U the constittient Colleges, Institutione or Departments of other Uniyersities as may be specified in the notification issued by the Government in this behalf shall, with effect from. such date as may be specified in the said notification. be dlsaffillated from the. respective other Universities and bo formed into and maintained as constituent Colleges, Institutions or the Departments of the university : Provided that the College of the Engineering and. Technology, Bh.ubane&war and the. University College: of Engineering, Burla shall stand transferred from the other ·Universities concerned and be· formed into and maintained as ccinstituent Colleges -of the University, immediately and the provisions of sub-sections (2) aad (3) shall e.pply on such transfer. Tram£11 of &e:rYicd er certain d!llployec a. Tnn!ferof aBillatlon of atsllns lnsti tutlona. 99 (2) On and from the date so specified under sub-section (I),- (i) the control and management of the colrcges or insti1utir.ns or Depart~ ments notified under sub-section (I); and · ... (ii) all the properties, assets and Jiabilities and rights and- obligations of the resrectivc Universities in relation to the said colleges, inslinnions or Departments ind ud ing a II obliga 1fo ns of the Gover nrnen t in re I at ion fu"~- . Shall stand transferred to, and vest in or devolve upon, the University. (3) The compensation payable by the University to the other Universities in respect of the properties; assets and rights belonging to the other Universities transferred to, or vested in, fhe University under sub-section (2) in relation to any col\ege or institution or Department to which_ the provisio11s o~ this Act arc applied under sub-section (1) shall be such as m~y be agr.::ed upon between the resp~tivc other Univ~-rsities and the Universit)': - Provided that where no such agreement is ren.ched within a period of oDc year from the date specified under sub-section (I), the Government ma)"". aftel' giving an opportunity to the other Universities conc.erned and lhe University· for making their represi:ntations in this behalf. determine the compensation payable to such other universities and the_ compensation so determined shall be final and binding on sueh other Unive1sities and the University. 38. (1) Notwithstanding anything contained in this Act, or any other law, but subject to the proviSions of sUb"'Scction (2), where the control and manage- - ment of any constituent ·college. institution or Department has been t;ansferred to the University under section 37, 1be University shall employ all teachers and other employees of the respective constituent C•llleges or institutions or Depart­ ments of the other Universities concerned, who, immediately before such transfer or before the date specified under sub-section (I) of sec~ion 37, were .serving in or attached to those colleges or institutions or Departmenls, as the case may be, on such foreign service terms and condition&. as n1ay be determined by other Universities concerned: - Provided that no deputation or other ·anowanee shall be payable to anY such employees. (2) fa·cry teacher or empJoyee of other Universilics. concerned ~hall, within a perjod of six monlbs from the date of lransfer of the contr::il and management under section 3 7, . exercise his op ti on to revert to the services under the other University to which he belongs, failing which, hC shall be deemed to have ceased to be an employee of the constituent college or institution or Department of the other University concerned and shell be absorbed in _the service of the Univemity with effect from the date of transfer referred to in loub-s.ection (1) and shall, from the said date or on such traQsfer, be_ governed by the terms and conditions of service prescribed for the teachers or, as the case may be, employees of the Unh·crsity. - (3) Where any teacher or employee serving in, or attached to, any College, Institution or Department so transferred exercises option for reverttfon under sub-section (2) and there is no such post available in or under the other Unlversity concerned, he -shall be given an opportunity to exercise an option -within such time and in such manner as may be sp«:ified by the .other University concerned either to be absorbed in an equivalent post available in or under such other University or to be retrenched from the service on such retrenchmeut benefit as may be determined by the other University concerned in consultation with the Government. 39. (J) Notwithstanding anything contained in any other Jaw, an Colleges and Institutions imparting education in engineering ~nd technology including inf ormetion technology and its application. architecture, pharmacy, applied arts and crafts, management and . applied sciences otbe;: than the Colleges and Institutions referred to in section 37 existing in the State and affiliated to an)' other University irnme_diately before the da~e of commencement of this Act, shall be deemed to have been disaffiliated from the respective other Universities and have beein affiliated to -the U_niversity from that· day for such period an·d subject to such terms .and conditions, as had been specified in tho order of the respective :Universities from which they obtained the affiliation: ~lusionor jurisdiction of other Un I versitfcS- Special provisiott.1 for students. Protection of acuand ordcr.i.· 100 · provided th ·,1 the University may impose such other term!i and conditions · for continuation or further eXt1Jnsion of the terms of affiliation, not in coosi'itent wHh provisions made in or under this Act and of any law made by Parliament as it may deem fir, and the Colleges or Institutions shall be bound to comply with those terms and conditions within such reasonable time a.s may be prescribed by the University: · Provided further that the Uuiversity shall have power to. alter or withdraw the affiliation deemed to have been granted under this 5ub-section. if any such College or fostitution concerned does not comply with the terms and conditions so imposed. · .(2) For the purpose of the deemed affiliation· provided in sub-settioa (1) every College or Institution concerned shall mbmit a copy of the valid letter of affiliation granted by other University concerned to the Reglr.trar of the Universily within a period of three months from the date of commencement of this Act and the acknowledgement of the receipt of such capy by tlte University shall be a valid evidence for tb.e purpose of such deemed affiliation. 40 Notwithstanding anything contained in any other law, no Un\.,,ersity in the State other than the University established under this Acr shall grant e.ffi\iation to any College or Institution which offers courses or ·pr<1grammes of~tiucation, research and training in the field of engineering anif technology including informa­ tion technology and its application, architecture, pharmacy, applied arts and crafts, management and applied sciences, after the date of commencement of this Act: ._,_ provided tliat nothing in ·this section shall, save· as otherwir.e provided in this Act, apply to·- (i) any conr.tituent College. Institution · or Department of any other University or of a deemed University with.in the meaning of section 3 of the University Grants Comrais~ion Act. 1956 which is directly 3 or 19'5. managed, controlled and financed by such University or deemed Univer!>ity;and · ' (ii) general Colleges or Institutions affiliated to other Universities which · are mainly offering co'urses in subjects other than engineering and technology including informalion technology and Its application.· architecture, pharmacy, applied arts and crafts, management and applied sciences. 41. Notwithstanding anything contained ·in' this Act, the Statutes or tbe Regu\ations, every student of the Coll11ges, institutions or Departments which have been disaffiliated from other Universities in accordaJJce with provision~ of section 37 or 39, who was studying in any such College or Im.titution or Department and was eligible to be admitted to any examination held or conducted by any such other University shall be permittvd to complete his courses of studies and be admitt!!d to the examioation of the University and the University shall make arrangement- (a) for the instruction, teaching, training and holding examination for such student, for such period and in srich manner as may be det'crmined by the Vice-Chancellor in accordance with the courses of studies of other Universities concerned; and (b) for the conferment of the conesponding degree, diploma or other academic distinction of the Unhersity upon the qualified student on the result of such examinatiqn. CHAPTER X · MISCELLANEOUS 42. No . suit or legal proceedings shall be i Iistituted against. or damage claimed from, the . University or. it!> authorities; bodies or officers, for enytbing which .is. in good faith done or intended to be done, or for any order pa:ssed in good faith,, in- p~rsuance of this -Act; the Statutes, Regt.1lations or the .Rules. Question regarding i n terprcta­ con a.ad dispute regarding cans ti l u Lion of authority or body •. Registrar to forward COpitS Of Proceeding§ to Govern· ment. P'lwers· of Government to c~usc insPcciion of Univen:ily. · APPointmcnt Of Commission~ 101 4~. (1) If any question arises _ reg'ard ing the int erpreta lion of :i nY provision of this Act, or any Statutes or as io whe1hcr a person has been duly appointed or nom_inat~d or is entitJed to be a member of any authority or body of the University, the matter may be referred to the Chancellor. (2) The Chancellor shall, after taking rnch advice as be mav deem necessary. decic.!e the question and bis decision 1hereon shall be fin;J. 44. The Registrar shull fo1ward to th~ Government copies of the proceedings of every meeting of the Board and the Academic Council within two months cf the meeting. 45. (1) The Governroent shall liave the right to cause inspection, to be made by such person <'r Pc.:rsons as ·it may direct, of the _University, its buildings, laboratories, libraries, musd .. ntS, war k.!.bops and equipments or any institution mainfainecl, affiliated to or approved by, the University anJ also of the work concucted by the University, and to cause ec;uiry to be made in respect of any matter connected with tlte University. t2) The Government shall, before taking any action under sub-section (1), give notice. to the Universi1y of its intention to cause such inspection or enquiry to be made and the University shall be ·entitled to be represcnied thereat. (3 J The Government shall communicate to !he Board the resl!lt ofany inspection or inquiry made under sub-section (l) and me.Y, after ascertaining the opinion. of the Board thereon, convey its views to che Vice-Cb:lncelkr and to the Board. (4) The Goveram.:nt may, after considering the views of tbe Vice­ Chancellor rnd the Board en the result- cf any inspection or inquiry made under sub-section (I), advise the University upon the action to be tak~n in (he matter. - · (5) The Boar.J shall ~port to Government the action, if any, which is proptJSed te be taken or bas been taken upon the result of any inspection or inquiry mad~· 11 nder sub-section (1). (6) A report under sub-section (5) shall b~ submitted to Government with tbe oriinion of the Board thereon within such time as the Government may direct. (7) Where the Board does not, within a reasonable time, take any ucuon rc:ktted to in sub-section (4) to the satisfaction of the Government, the G•)vernment may, after considering any explanation fwnished by the Board in the matter, issue such- directions as it may think fit and the Board shall comply with s.ucb direction. 46. (1) The Government may, at any time, and shall, on· the expiry of five years from the commencement of this Act aod thereafter at the expiration of every five years, by an order published in the Gazette, constitute a Gommission which Shall consist d a Chairman and such other members not exceeding five as the Goverment may appoint, and such order shall define the pro~edurc to be followed by the Commission. ,¥= (2) The Commission constituted under sub-section (1)-shall i aquire into, and make a report on- (i) the working of tbo University with special reference to quality · and .relevance of courses of studies and instructions; (ii) the :financial po&ition of the· Uni'Versity; (iii) ·the suitability ~r 1he pro,·isions of this Act or the Statutes, Regul_e.tions and Rules· with a view to brl aging about improvements in the affairs of the University; and (iv) such other matters as may be referred to it by the Government and make such recommendation_s to the Government as it thinks fit. Pension, in!urance and PrOvi­ dent rund. Ceuation of membership. Transitory. provisions. Savings. 'Removal of -doubt or ·di_ffiCUltY. 102 (3) Qn receipt of the report and the recommendations of the Commission under sub-section (2), the Government sl:ui.U forthwilh refer s·uch report and - recommendations to the· Board for consideration and report. 47. With the previou,: -approval of Governnieat. the University may make appropriate provisio.Q.s for the benefit of it!. officers, teachers and other employees U11der its control in matters of pension, insurance and provident fund and for such other benefit!i as it may deem fit, in such manner a9 may be prescribed by Statutes. 48." Any persc>n who bas become a rnember of any of the authorities by the Process of nomination or electic>n shall, on ceasing to hold the office or -on ceasing to h::i1d membership of the association, body or Assembly, as the case may be. b/ vinue of which he was so nominated or elecled, ccasep to hold - office as such member. 49. Notwithstanding the transfer of Colleges, Depa~c::nts or Institutions under section 37 or section 39 of- this Act, for a period of six months from the date of commencement of this Act or i:.ucb further period as the Gove.rnmcnt lllay ·by notification- specity, - every pers.on who, immediately before the said date of commencement, was a student of aay College, Depart­ m<:nt or Institution which has been disaffiliated from aaY other l]niversity in accordance with the pro'!"iSions of this Act and affiliated to the University, and wa<; eligible to be admitted to any examinations held or conducled under -the Regulat_ioo:> in force of other University concerned,- (a) shall be adrni tted to such examinations by otbet University concerned and the result (If such examinations shall be . sent by the other University con:cerned to the University within a reasonable time; and (b) th~ corr~5;lOnding degree, deploma or other acadl;':mic distinction or mark-sheet .shall be issued M conferred upon the quaJified students by_ the Univ.:rsity on the "basis of result of such examinations conducted by other Univecsity concerned. · 50. (1) Jn- and frorn the da£e of com-oence.m::11t of.this Act, the provisions of the Orissa University of Agricullure and Technology Act, 1965 and the Orissa Universities Act, 1989 shall cease to apply to. and in respect of the.colleges, institutions or Departments disaffiliated from other Universities and affiliated to the University under the provisions of sel!tions 37 arid 39. (2) Such cessation shall not affect- (a) the previous operation of the said Acts, or (b) any penalty, forfeiture or punishment, incurred in respect of any offence committed under the said Act~, or (c) any investigation, legal_ proceeding or remedY in respect of such penalty, forfeiture or punishment, and aoy such investigation, legal proceeding or remedy may . ·be fos~ituted, · continued or enforced and a'ly such penalty, forfoiture or punishment. may be imposed as if this Act had not been passed. SL. H any doubt or difficulty arises as to the first constitution of any authority of· the Univenity or as to the 'l!Constitutioa thereof after the commencement of thiB Ac"t. or otherwise, in giving effect to the provisions of this Act; the Government may, by order, do anything. not inconsistent with the ·provisions of this Act whl.!=~ appear" to it to ·be necessary 0 r expedient for the purpose of remov•n$. the doubt or difficulty: .:·. - Pr-ovided that no such or®r. shall be made undi;r .this section afterttJ.e expiry -of two years from tbe comn;ie11~e.D.t of this Act. Orissa Act t7Of196}. Orissa Act S of 1989.