THE ODISHA STATE OPEN UNIVERSITY ACT, 2014

Short extent and Definitions 13 ODISHA ACT 5 OF 201S •THE ODISHA STATE OPEN UNIVERSITY ACT, 2014 ( Received the assent Ofthe Governor on the 16th February, 20tS first publishedin an Extraordinaryissueot theOdishaGazette. dated the 21st February, 2015 (No. 275) AN ACT TO ESTABLISHAND INCORPORATEAN OPEN UNIVERSITY IN ODISHA FOR INTRODUCTIONAND PROMOTION OF OPEN UNIVERSITY AND DISTANCE EDUCATION SYSTEMS IN THE EDUCATONAL PATTERN OF THE STATE AND FOR THE CO-ORDINATION AND DETERMINATION or STANDARDS IN SUCH SYSTEMS. Be it enactedby the Legislatureof the Stateof Odishain tt•e Sixty-fifthYearof theRepublicof Indiaasfcnows.— CHAPTER I PRELIMINARY (1) ThisAct maybe calledtheOdishaStateOpenUniversity Act. 2014. (2) Itextendsto thewholeoftheStateofOdisha. (3) It shallcomeintoforceonsuchdateastheStateGovernment may, by notification, appoint 2. In this Act.unlessthe contextOtherwiserequires.— (b) (d) •AcademicCouncil"meanstheAcademcCouncdOfthe University: "Authorities"meanstheauthoritiesof the University: "BoardOfManagement"or•Board•meanstheBoardOf ManagemenfOftheUniversity: "BoardofRecognition"meansthe BoardOfRecognition ot the University: "Chancellor"meanstheChancellor0ttheUniversity. •Director' means the Director Of Schools 0' the University: • (FortheBill.SeeOdishaGazetteExtraordinarydatedthe4th December. 2014 (NO.20S4) Legis-1 Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark O) (k) (m) (p) 14 '"Distance Education Council' means the Distance Education Council dec'ared by the statute as an authority of the IGNOu established under section 16 of the IGNOU Act education system" means the system Of imparting education through any means Of communication. Such as broadcasting, telecasting. seminars, contactcourses. prograrnrnes. internet and such Other means Of ccmrnunicatlonorthecombinationOfanytwoormoreOf such means. "Employee"means any person appointedby the Universityand Includesteachers.Officers(Otherthanthe Chancellor)andotherStat'01theUniverslty; "FinanceCommittee•meansthe FinanceCommitteeof the Unverslty: "Covernment-meanstheGovernmentof Odisha. "ICNOU'meansthe 'IndiraGandhiNationalOpen Uruversity•establishedundersection3 of the Indira GandhiNationalOpenUniversityAct,1985. "PlanningBoard'meansthe PlanningBoardOf the University; •Prescribed"means prescribedby the Statutes, Ordinances,RegulationsOrRulesmadeunderthisAct, •Recognised Institution" means the insttutkyn establishedfor researchor SpecialisedstLNiiesand recognisedassuchbytheUniversity: Centre" a centre established or maintainedby the Universityfor the purposeof ca- ordinatingandsupervisingtheworkof StudyCentres andrecogn'sedandfor perform'ngsuchotherfunctions as maybe conferredon suchcentreby the Boardof Management Act 50 af Igas Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark (r) (t) (v) (w) (z) •Regulations- means Regulations made Oy any authcnty of the uruverslty under this Act for the time being In force. •School" rræans a School Of Studies of the Untversltv •Ski" DevelopmentEducationCouncil"meansthe Ski" DevelopmentEducationCouncilOfthe University: •Statutes-. "Ordnances- and "Regulations" means, respectively.the Statutes.Ordnances andRegulations of the Universitymade underthis Act and for the time being in force; -Student" means a student Of the University, and includes any person who has enrolled nimse't pursuingany courseOfstudy ct Univers'ty: •StudyCentre-meansa centreestablished.maintained or recognizedby the Universityfor the purposeof advistng.counsellingor for rendermgany other assistance required by the students, •Teachers- means Professors, Readers. Lecturers or anyotherpersonasmaybedesignatedassuchbythe ordinancefor impartinginstructionintheuniversityor for givingguidanceor renderingassistancetostudentsfor pursuinganycourseof studyof the universityor to conductresearchor to renderguldancein any other forrnto studentsfor pursuinga courseOfstudyof the universityorto conductor researchto renderguidance inanyOthelfromtostudentsforpursuingacourseOi studyot theuniversityandShanincludepart-timeand wholetimeteachersinReg.cnalcentresorstudycenter: •university"meanstheOdishaStateOpenUniversity established under this Act. "UniversityGrantsCommission"meanstheCommission establishedunder the University Grants Act. 1956. and "Vice-Chancellor"means Vice-Chancellorof the University. Act of 1956 Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark o' the 16 CHAPTER l' ESTABLISHMENT OF THE UNIVERSITY. ITS OBJECTIVES ANO FUNCTIONS 3. (1) There shall be establisheda Universityby the nome of •the State Open University' (2) The headquarters of the University Shanbe at SambaW.$and the Universitymay establish.maintainor recognise institutes.schools. regional centers and centres and such Other nstitute at such places in the State as may deem fit (3) With the estat*ishment of thio University.— (a) the other Universities the State who are contirwtng their open and distance education programmes shall be given cwtion to continue the same subject to conditions that such Universities shaft develop their own open and distance 'earning system by establishing. maintaining Or recognising institutes. schools, regional centers and study centers in the State in accordance with law or guidelines Of the Distance Education Council for the tüne being in force. dispensing with franchise system cf conducting various Open and distance education programmes. within a perk)d o' three years from date Of commencement of this Act. (b) on failure of the conditions specified in clause (a) by other unrversitÉs Of the State provic*ng distance education programmes. through open and distance system. the Government shall. subject to the Guidelines Of the Distance Education Council for time being in 'orce, issue drections to such Universities to wind up such open and distance education in the manner as may be prescröed; (C) a University. headquarters Ofwhrch is Situated outside the State of Odisha, shah obtain approval of the Government for establishing or continuing distance education programmes through open and distance learning System in the State in accordance with guidelines of the Distance Council, within a period of One year from the date Ot Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark 17 commencement of this Act failing which such establishment or continuance of the said programmes by such Universities shall be treated as unauthorised and the Government shall issue directions to such University to wind up such open and distance learningsystemin suchmannerasmaybe prescribed; (d) the provisionsOf clause (c) shall not apply to the Universitiesestablishedunder any lawmade by the Parliament. (4) The first Vice-Chancelicr,the first Registrar,the first Cornptroller OfFinance,thefirstControllerofExaminations,themembersOf thefirstBoardofManagement.theAcademicCouncil,thePlanningBoardand the FinanceCommitteeand an personswho may becomesuch offcers or members. so long as they continue to hold such office or membership, areherebyconstituteda body by thenameOfthe •Odisha State Open Universityn. (5) • Universityshallhaveperpetualsuccessionandacommon seal and shall sue and be sued by the said name. (6) Subjectto the provisionsOf this Act and Statute,the Universitysharbecompetentto acquireandholdpropertybothmovableand W'movabte,to lease,senor otherwisetransferany movableor immovable propertywhichmayhavebecomevestedinorbeenacquiredbyit. forthe purposesoftheUniverstyandtocontractandtcdoaliotherthingsnecessary for the purpose cf this Act. (7) In all suitsand otherlegalproceedingsby or againstthe University. thepleadingsshallbesignedandverifiedby.andanprocessesin suchsuitandproceedingsshalbeissuedtoandbeservedon.theRegistrar. 4. (1) The shayhavethefogowngobjects,namely.— (a) to endeavourthrougheducation,research,trainingand extensionto playa positiverolein thedevelopmentOfthe state,basingontherichheritageofthestate.topromoteand advancethestatusof employmentcf the peopleof Odisha and its human resources; (b)to strengthentheexistingdegree.cert'ficateanddiploma coursesbywayofintroducingadd-oncoursesrelatedtothe needs ot employment; Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark 18 (c) to advanceand disseminate'earning and knowledgeby different means. Including the use of commurmcat10n techn0109y. (d) tc provideaccessto highereducationfor largesegmentsof the population.and in particular.the disadvantagedgroups such as those hv.ngin remoteand rural areas including working peopk. housewives and other adults who wish to upgrade or acquire thrct.Gh studies in various fields: (e) tc acquisitionOfknowledgein a rapidlydeveloping andchargingsocietyandtoOfferopportunitiesforupgrading knowledge.traning and skills in tte context of innovations, researchanddiscoveryinall fieldsof humanendeavours. (f) to providean innovativesystemof universityleveleducation, flexibleandopen. regardtomethodsandpaceof learning, combinationOfCourses.eligibilityforenrolment.ageOfentry. cmduct Of examinationand OE*ratiOnOf the programmes with a view to promotelearningandencourageexcellence new fields Ofknow'edge. (g) toestablishthefollowingschoolscf theUniversity.namety (i) (iii) (v) SchoolOf SciencesandHumarüties. Schoolof Sciencesand Technology: Schoolof Education(ContinuingandExtension). School of Teacher Education: Schoolof BusinessandManagementStudies. School of HealthCare Studies; SchoolofCornputerandInformattcnSctences, (viii) School of Agriculture. and (ix) Subjectto the approvalof theGovernment,any other Schools as it maydeem fit; (h) tocontributetotheimprovementoftheeducationalsystemin Odishaby a channelcomplementarytc the Systemand encouragingtransfer OfCreditsand exchargeof teachingstaff bymakingwide useOf textsand othersoftwaredevelopedbytheUniversity. Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark of the u n •versity 19 (i) to provide education and training •n the various arts crafts and skills and vocational courses, (j) to provide or arrange training o' teachers required for such activities or institutions' (k) to provide suitable post-graduate courses Of study and promote research. to provtdethe counselingandguidanceto Itsstudents.and (m) to promote nationa! integration and the integrated developmentof thehumanresourcesthroughitspoliciesand programmes. (2) TheUniversityshallstoveto foifilltheaboveobjectsbyadiversity Ofmeans of distance and continuingeducation.and shali function in co- operationwiththeexistingUniversitiesandInstitutionsOfhigherlearningand make full use Of the latest scientificknowledgeand new educational technologyto offerahighquabtvOfeducationtomeetcontemporaryneeds. (3) The Universityshell strive to promoteSkill Development Educationthrough taking measu€esfor diligent supervisionand superintendence aimedatstandardizationOfallskillrelatededucationinthe state 5. (1) to such orders. rules. regulations.guidelines drectlons issued from Vme to time. by the Central Government.State Government,UniversityGrantsCommission.Ali IndiaCouncilfor Technical Education.DistanceEducationCounciland NationalTeacherEducation Council.oranyotherlawforthetimebeinginforce,theUniversityshallhave the following powers. namely (i) to providefor admissionandinstructionin suchbranchesof knowledge.incbudingtechnology.vocationand professions the Universitymaydeterminefromtime to timeand to make provisiontorresearch.andextensionbyofferingthefollowing courses. namely-— (a) Ceruficate Courses in Engineering Science. Paramedical.Agficulture,ForeignLanguage.Masonand Carpentry. (b) Graduatelevel courses, Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark (c) (g) (h) 20 Digioma Courses in LaboratMY Technician, Computer hardware. Management Courses. Computer Apptication Courses: P. G. Level Courses: Teacher Education Courses hke CTIB EdN Ed.. Other Skill Development and Vocational Courses: and Add-on Courses (iii) (iv) Wii) fix) to plan and prescribe courses of study of degree. certificates or for any other purpose. to hold examynations or test arÉ cor&r &yees, dipit:rnas grant certificates or other acadernic distinctions or persons who have pursued approved courses 0t study in tie University or conducted research •n the manner down by the Statutes and Ordinances: tc confer honorary degrees or Otheracademic distirdons the manner 'aid down by the Statutes: to withdraw or cancel any Degree, D+lorna or Certificate conferred or granted by the University tt•e mann« prescnbed by the Statutes: determine the mamer which OstMc•e system n relation the acadernic the university may be organized to institute professorship. readerships. lectureships academic positions necessary for impartrt9 or for educational material cr for conductirg other activities. guidance. designng ard &hvery Of course and evaluation 0t the work done by the students, and to persons to such professorship. readerstup, lecturestvp md Other acadernic positions: tc tay down the courses Of Instructions or courses Of fot vanous examinations; to co-operate with. and seek the co-oper*im cf , Universities and institutions Of higher "earning. professional bodies and organizattons for Sigh purpose as UnversJty considers necessary. Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark (xi) (xiii (xiii) Viv) (xvi) (xvi) (xvii) (xix ) to hold and man-ge trusts and endowments and to Institute award fellovæhips scholarships. meda's. pnzes and such other awards for recognition of merit as the University may deem fit tc establish and maintain such regional centers as may be determined by the university from time to time: to establish. maintain recognise Study Centers in the manner 'aid down by the Statutes tc inspect regional centers, study centers and recognised institutions and take measures to ensure proper standards Of instruction, teachtng and with adequate library and laboratory to organize and conduct refresher courses, workshops. seminars and other programmes for teachers. lesson writers, evaluators and other academic staff; to recogniseexaminationsOf,or periodsOfstudy(whetherin full part)at OtherUniversities,institutionsor otherplacesOf higherleaminoas equivalentto examinationsor periodsOf studyin the University.andtowithdraw such recognitionat any time: tomakeprovisionforresearchanddevelopmentineducational technology and matters related thereto: to Create administrative. mnsteria' and Other posts as the Universitymaydeemnecessary,fromtimeto timeandto make appointmentsthereto.subjectto conditionthat the university shallbear the saiarycostOfofficersboth teachingand non- teachingandotherstaffso orengagedOutOfitsOwn fund and shall not be entitled to any grant whatsoever from the Government towards that salary, remuneration. fess or honoranum cost' to receivebenefactions,donationsandgiftsfor thepurposesof theUniversityandmaintainproperaccountsthereoC tc acquire.hold and managepropertyboth movableand immovable.tc lease.sellor otherwisetransferor disposeof any Searchable PDF created by OCR.space (Free Version) . * * Amended by Odisha Act 6 of 2019 https://ocr.space/searchablepdf#watermark 22 property or immovable. which may vest in. or be acquired by it. fM the purposes of the university, and to enter into contract all other acts Or thlngs necessary for the purposes of this Act: Provided that no such lease. sale Or transfe[ of immovable property shall be made without the prior approvai of the Goverrnent. Provided further that where the Government is satisfied that M',y such property may, in the interest of the University, be Given on lease or otherwise transferred or cisposed of. the Governrnent shal issue necessary directions to the University and the Uriversity shall comply with such directions forthwith. (xx) to borrow. the approval of the Government. whether on the security of ttæ property of the university or otherwise, money for the purpose Ofthe University, to enter irato.cary out. vary or cancel contracts: (xxii) to fix. to demard and receivesuchfees and othercharges,as may be approved by the Chancellor from time to time: (xxiii) to promote. control andmaintain discipline among the studerts of the University. (xxiv) to lay down and regulate the salary. scale Of pay. allowances and Other ccndtions Of service of the employees and the membersOf the teaching.Otheracademicand non-teaching staff of the Universttyincludingtheir code of conduct, (xxv) to ether on contract or otherwise, visaing Professors, Emeritus Professors. Consultants, fellows. scholars, artist, cone writers and such Otherpersons who may contribute to the advancernerdOftheObjects Ofthe university; (xxvi) to conduct. co-ordinate.Supervse,regulate and control post- graduate and researchwork in the university; (xxvii) to recognize persons working in OtherUniversities. institutions or as Of the University on such terms and conditionsas may be laid downby the Ordinances; Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark 23 (xxviii) to determine standards and to specify conditions for the admission Of students to course of study of the Unvers•ty whlCh may include examination and any other method cf testing, (nix) to takethe dtsc•pl'rwyaction againstthe students of the Universityand to impose punishmentsuponthemasmay deemed fit for breach of discipline or within or Outsidethe Universityinclufig the use of unfairmeansat an examination or in relation thereto by themselves or by any Other persons or abatementthereof: tc makearrangementstor the promotionof the genera*health and welfare of the students and the employees. to take such measures for standardisation Of skill developmenteducationCoursesand programmesin theState; (xxxii)to provdefar the preparationof instructionalmaterials, indudingfilms,cassettes.tapes.videocassettesandother software; and (xxxiii)to doall suchacts maybenecessary incidentalto the exerciseOf or any Of the powersOf the Universityand conduciveto the prornotionof all or anyOf the Objects Ofthe University. (2) Notwithstanding anythingcontainedin anyotherlawforthe timebeinginforce.butwithoutprejudicetotheprovisionsofsub-section(1),it shallbe dutyoftheUniversitytotakeallsuchstepsasitmaydeen'fittor thepromotionOftheOpenUniversityanddistanceeducationsystemsandfor thedetermination Ofstandardsofteaching.evaluationandresearchinsuch systems (3) 'n c&ryingout its objects.theUniversityshallstrive cooperation withtheIndiraGandhiNationalOpenUniversityandshall observe. totheextentfeasible,theeducationnormsandstandardsprescribed by itforOpenLearningSystems. 6. TheUniversityShall.inexerciseOfitspowers.havejurisdictionover the whole Of the State OfOdisha Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark University to ell classes and weeds foe Officers the unwersity. Chancellor 24 7. (1) The University Shall be open tc persons Ot either and Of Whatever race. creed. caste or class. arud It shall not be lawful for the Universityto adoptor imposeon anypersonanytestwhatsoeverof relOJcus benefOrprofessionin order to entitlehim to be appointedas a teacherof the University or to hold any Other office therein or admitted as a student in the University.ortograduatethereat. toenjoyorexercISeanyprivegethereof (2) Nothing in sub•section (1) shall be deemed to preverd ttw Universityfrommakingany speoalprovisionfor theappointmentOf*imtssion ofwomenorof personsbelongingtotheweakersectionsof thesociety,andin particular,Ofpersons belongirg to the ScheduledCastes or ScheduledTribes 8. 9. CHAPTER Ill THE CHANCELLORAND OFFICERSOFTHE UNIVERSITY ThefollowingshallbetheOfficersoftheUniversity.nanely:— (i) the Vice-Chancellor, (ii) the Directors of Schools. (iii) (vii) theDirector.SkillDevelopmentEducationCouncil: the Registrar; the Comptroller Of Fina-,ce: the Controller of Examination: and Suchotherofficersasmaybedeclaredby theStatutes to be the officers of the University (1) The Governor Of Odisha shall be the Chancellor of the University. (2) The Chancellorshall by virtueof his officebe the head the Universityand shall when present.presideover the convccat•onsof the University convenedforthepurposeotconferringdegreesorforanyother purpose (3) Everyproposalforconfermentofanhonorarydegreesh*l be subject tc confirmation by the Chancenor. (4) TheChancellorshalldecideall disputeswith regardto the election,nominationor selectionot membersof the authoritiesof the Universityand his decision thereon Shallbe final. (5) TheChancellorshallbe competentto call.fromtimeto tine. suchinformationor recordrelatingtoanyaffairsoftheUniversityarvitheVice- Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark Chancelbr shall furnish the sarTE and after perusal of such information or record it shall be lawful for the Chancellor tc give. in the interest of the University, directions to the Vice-Chancellor. as he deems fit, and the Vice- Chancelor shal comply with such dire-Huns. (6) to the provisions Of Sub-sections (7) and Chancellor shan have the right to cause an inspection to Oemade. by such person or persons as he may direct. Ofthe University. its buildings. libraries. laboratories and equipment and of any rec•nal centre cr M'y study centre and so also Of the examination. instruction other work conducted or done by University,andto causean inquirytc bemadein likemannerin respectof anymatterconnectedwiththe andfinances of theUniversity. (7) The Chancellor in every case. give notice to the UniversityOfhis intentionto causeanInspectionor Inquiryto madeandthe Universityshall.on receiptof suchnotice.havetherightto make.withtnthirty days from the date Of receiptof the noticeor such other penodas the ChmceUor determine. such representation to him as it may consider necessary (d) After considonns.tne representation.if any. made by the University,theChancellormaycaJseto bemadesuchinspectionor inquiryas is referred to in-sub-section (9) Wherean inspectionor Inquiyhasbeencausedto bemadeby theChancellor.the Universityshallbeentitledto anoint a representdlvewho shdl havetherightto appearinpersonandtobeheardatSuchinspectm (10) The Chancellormay addressthe Vice-Chancellorwth reference to result of such or irquiry together with such views andadvicewith regardto the actiontc betakenthereonas the Chancellor maybepleasedtoofferandcnreceiptOfthea±ressmadebytheChancellor: the Vice-Chancellorshallcommunicateforthwithto the Boardot Management the resultOfthe Inspection inquiryand viewsof theChance"orandthe advicetenderedby himwth to theactionto be takenthereon. (11) The Boardof Shallcommunicatethroughthe Vice-Chancellorto the Chancellorsuchaction.if any.as it proposesto takeor hasbeentakenby it on the resultof suchinspectionor inquiry. Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark Vice ChytceJkJ, 26 (12) Where the Board of Management does not take action to the satisfaction Of the Chancel'or within a time limit fixed by the Chancellor. the Chancellor may after considenng any explanation furnished or representation made by the Board of Management, issue such directions as he may think fit and the Board of Management shall be bound to comply with such directions (13) Without prejudice to the foregoing provisions section, the Chancellor may. by order in writing, annul any proceedlng of any authority of the University, which is not in conformity with this Act, the Statutes or the Regdatton or the Ordinances Provided that before making any such order, he shall calt upon the University to show cause why such an order should not be made and if any cause is shown within a reasonable time. he shall consider the same (14) The Chancellor shall have Such Other powers as may be specified by the Statutes 10. (1) The Vice.Chancel'or shall be appointed by the Chancellor from a panel three names recommended under sub-section (4) by a Committee fw the purpose under sub-section (2) For the purpose of sub-section (1), a Committee shall be constitutedwhich shall consist of the folicwrngmembers.namely- (i) one member not connectedwith the University to be nominatedby the Boardo' Management; (ii) one member to be nominated by the Chairperson of the Distance Education Council. and (iii) one memberto be nominatedby the Chancellor,who shall be the Chairman ot the Committee (3) The business of the Committee shall be conducted in such manner as may be prescribed. from time to time. by the Government on thal behalt (4) The Committee constituted under sub-section (2) Shail within a reasonabletimeselectthree personswhom considersfit for bepngappointed as Vice-Chancellor and shall recommend to the Chancel'or the names Of personsso selectedtogetherwithsuchOtherparticulars.if any Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark Provided that the Ccrnrp,dtee shan not select such persons who. If appointed as Vice-Chancellor. would cease to hold that office on account of attaining the age of sixty five years before completion of the term of three years (5) The Vice-Chancellor shall ho'd office for a term cf three years from the date he assumes office as such and he shall be eligible re- appointmenttc thatofficefor a furtherterm.subjectto the provisionscontained In sub-section(l Provided that no person Shanbe appointed as Vice-Chancellor for more than two terms: Provides further that no persc%iappointed as Vice-Chancellor shall continue to hold office as such after he attains the age of Sixty five years. (6) TheChancellormay.fromtWe to tine. extendthe termof office of tie Vice-Chancellor for a total penod not exceeding six months without followingtheprocedurelaiddotin in sub-secuon(l)_ (7) In case the office of the Vice-Chancellorfalls vacant dæ to absence of the Vice-Chancellor cn leave. the Chancellor shal appoint a persononsuchtermsandconditionsashedeemsnecessaryto actasthe Vice-Chance/orduring periodfor whichtheVice-Chanceßorproceedson leaveandthe personso appointedshallexercisethe andperformtt-e funct'Qnsof the Vice-Chancellorand shall be entitled to emciurnents attached to the Office. (8) Incasetheofficeof theVice-Chancelorfallsvacantdueto any otherreason.thevacancyshallbefilledinthemannerspecfledinsub-section (1)andthepersonappointedtofidsuchvacancyshallholdofficeforatermof threeyearsandshallbeeligibleforre•appoW'tmentin accordancewiththe prcvtsionscontainedin sub-section(5) (9) Notwithstandinganything contaned in this section. the Chancellorshallappointsuchpersonas he deemsfit to be the firstVice- Chancellorof the Universityestablishedunderthis Act and personsc appointed shallholdofficeforsuchpenod,rut exceedhgoneyear,and subjecttosuchtermsandconditionsastheChancellormayfixinthatbehalf. (10)TheemolumentstobepaidiOtheVice-Chancellor.andtheterms andconddions.subjecttowhichheshay office.shadbeSuch.asmaybe prescribed by the Statutes Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark powers Of the 28 (11) Chance"or may. at any by an order in writing. remove the Vice-Cnancellor Of the University from Office. if in his Opinion it appears that hlS contirwance in office iS detrimental to the nterests Of the Jniversity: Provided that no such removal shdl made without holdilg an enquiry beng conducted by a Committee consisting of at least three members not below the rnk ot a Vice-Chancellor (12) If at any time upon representation made or otherwise, it appears to the ChanceUor that the Vice-Chancellor. — (a) has made default in performing any duty imposed on him by or under this Act. cr (b) has acted in a manner prejudicial to the interest of the University. or (c) is o' rnæ'agtng the affairs -of the uruversity. the Chancellcr may notwithstanding the fact that the term of office of Vice-Chance'lor has not expired. by an order, in writing, stating the reasons there"'. require the Vice-Chancelor to relinquish his offce as from such date as may specied in the order (13) No order under Sub-section (12) shall be passed unless the partr.uys Of the grounds on which such action is proposed to be taken are communicatedto theVice Chancellorand he is givenreasonableoppwtunity Ofshowng Causeagainst the proposed o.•de,•_ (14) From the date specified in the order made under sub-section (12). the Vee-Chancellor shall be deemed to have relirquished the offic* and the office of the Vice-Chancellor shal fau vacant. 11. (1) The executiveauthorityOfthe Universayshalt vest in the Vice. Chancellor. (2) The Vice-Chancellor shali be the ponc:pa' academic and executiveofficer oi Universityand shallexercise supervisionand control over the affairs of the and give effect to the of all the authorities Ofthe University. (3) Subjectto availabilityof funds in the budget.theVice-Chancellor shallhavethepowertosanction.afterObtainingtheopinionOftheCornptrolter 0t Finance,expenditureuptoSuchsumas maybe prescribedduringthe courseOfa finmcialyearandshallmakea reportOfallsuchexpenditureto the Board of Management at the earliest. Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark 29 (4) If the Viæ-Chance\lor is of the opinion that any order or decision in respect of any matter which is required under the provis•ons of this Act or the to be passed or made by any authority ot the University. is necessary to be passed or made immediately and it is not practicable to obtain orders the concerned authority for that he may pass such order or take stEh decision as he deems proper and shall the earlest opportunity report his action to such officer or authority who 'n ordinary course IS com•petentto deal wth the matter for ratification.and where the authority Offers the Vice-Chance"or. the matter shall be referred to the Chancellor whose decision ttEreon shall be final Provided that f the matter involves any financial transaction. the shah. before passing such order or taking such &cision. obtan the opiruon of the Controller of Finance. (5) If in theopinionof theVice-Chancelloranydecisionofanyofficer orauthorityoftheuniversityis beyondthepowersconferredbytheprovisions of this Act or Statutes. Ordinances. regulationsor rules made thereunderor IS not the tnteres•,of the University,he shali requestthe concernedofficeror authorityto reviewitsdecisionwithinfifteendaysfromsuchdecisionandin Casethe refusesto reviewsuchdecisioneitherinwholeor in partor fadsto takeanydecisionwithinthesaidperiod,suchmattershallbereferred to theChmcellorwhosedeasicn thereonshallbefinal Providedthat the decisionof the officeror authorityconcerned shar suspendedduringtheperiodOfreviewOfsuchdecisionbythe officerortheauthoritycr theChancellor,asthecasemaybe,underthissub- section. (6) TheVice.ChanceIorshallreviewtheperformanceof teachers andofficers theuniversityannuallyandsubmita reportthereonto the Chancellor in the manner (7) TheVice-Chancellorshallhavepower,— to requirethe teachersof the universityor Regional Centresof theUniversityto reportto himabouttheconduct cf Universityexamination.and to givesuchdirectionsto theofficersin chargeOfsuch examinations as he deems necessary. Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark The Director Derector. OeveJcv•nent Education The Registrar. (8) The Vice-Chancellor shall ensure that the provisions of the Act. the Statutes, Ordinances. regulations and rules are observed (9; The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescrrbed by the Statutes or the Ordinances 12. Each Schoo's shall be headed by a Director of Schools and every such Director shall be appointed in such manner, on such emolument and other conditions of serv.ce and shall exercise such powers and perform suchduties and functions asmay be prescribedby the Statutes. 13. TheDirector,SkillDevelopmentEducationCouncilshallbeappointed in such manner, on such emolument and other conditions Of service. and shall exerciseSuchpowersand performsuch dutiesand functionsas maybe oresctibec3 by the Statutes 14.(1)TheRegistrarshallbeappointedbytheChancenortora period0' three years on the recommendation Ofthe Government (2) TheRegistrarshallbea whole-timeofficerof the universityand shall act as a member of the Boardof Managementand the Academic Council Of the Unwersity. (3)NOpersonshallbe appointedas a RegistrarOftheUniversity unlessheholdsthepostofa ProfessororSeniorReaderoranyequivalent post With at least fifteen years Of experienceon researchand educational administrationincludingfive years teachingexperiencein post-graduate classes (4) The emolumentsto be paid to the Registratand the terms and conditionsofhisserviceshallbesuchasmaybepresenbedbytheStatutes. (5) TheRegistrarshall.Subjectto thecontrolOftheVice-Chancellor— (a) managethepropertiesandtnvestmentsoftheUniversity. (b) remainincustodyofthepropertiesandfundsoftheJniversity, (c) remain in custodyof ttE records,the commonseal and such other prcpeny cf the Universityas the Vice-Chancellorshall entrust him; (d) executeall contractson behalfOftheUniversity: (e) ensurethat moneysare utilisedfor the purposefor whichthe fundsaregrantedorallottedbytheappropriateauthority:and Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark (6) 31 exercise and perform such other powers end duties as may be prescribed by the Statutes and Regulations and as may. from time to time- be assiw•ed to him by the Board of Management and the Academic Council. The Registrar shag generally render Such assistance to the Vice- Comptro'ler Of Chanceflor.asmay be requiredby in the performanceOfhis duties (7) The Registrar shall have the nght to speak Otrer-msetake pad in the proceedingat a meetingof any of the authoritiesof the university but shali not be entitled to vote at any such meeting. (3) All suits Or Other ugal proceedings by or against the University Shall be instituted by or against the Registrar. 15. (1) The Comøtraller of Finance shall be appointed by the Chancellor in consultation with the Government and shatl be whole-Orne officer of the University (2) The salary. aNowancesand corxiit'ons ot service of the Comptrollerof Financeshallbe suchasmaybe prescribedbythe Statutes (3) Whenthe officeof the Comptrollerof Financessvacantor when the Comptrolierof Financeis by reasonof "l health.absenceor anyother cause unable to perform his functions as such. his funct•ons shall be performedby such other personas the Vtce-Chance'lormayappo.ntfor the purpose. (4) The Comptrolerof Financeshall.subjectto the controlof Vice-Chancellor. (a) be responsiblefor the properinvestmentor thefundscf University: (b) exercvsegeneralsupervisionof suchfunds: (c) tender adviceWth regardtc financialtransactionsof the University: (d) beresponsibleforpreparationandpresentationof theannual financial estimates and statements of accounts for presentationby the Vice-Chancellor: (e) ensurethatallmoneysareutilisedinappropoatemanne'for the purposeforWh.chtheyaregrantedor allottedby the appropnate authorlty: Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark The Controller Examination. 32 (t) examine the statements Of accounts Of the University and submit a report to the Board of Management: G) exercise such other pov,'ers and perform such functions as may be prescribed. (5) The Comptroller of Finance shall be responsible to the Vice- Chancellorfor ensurirg that no expenditureoutsidethe budgetis incurredby the universlty otherwse than by way of investments and shall disallow any expenditure which is not permissible under the Statutes. (6) The Comptroller of Finance shall have the right to speak and other wise take parl in the proceedingsOf the Board of Management as and when requied. and in all such cases. his advice shall be recorded in the proceecfings of the Board OfManagement. but he shal' not be entltled to vote. (7) The advice Of the Comptroller Of Finance on an toancial matters shag be taken before they are given effect to. 16. (1) The Controllerof Examinationshallbe appointedby the Board ofMan*rnent ontherecommendationo' theGovernmentfromamongstthe Readers of the University or Readers of the Odisha Education Service for a periodof threeyearsandShailbe awhole-timeofficerof the University. (2) TheControllerof Examinationshallperformsuchdutiesasmay fromtimeto timebeassignedto himbytheBoardof Managementamithe Vice-Chancellor_ (3) The Controller of ExaminationShan be responsible for the preparationOfquestionpapers.fixationOftimeSchedulefor the examination, valuation, pub'ication of results. issue of certificates and such other works related to examinations (4) The Controuercf Examinationshall be in-chargeof conductof examinationof theUniversityandmattersrelatingtheretoandheshagperforn suchotherduties.as mayOeprescribedbytheStatutesorOrdinancesor, as may be required by the Vice-Chancelor 17.The manner Of appointment.emoluments.powers. duties and functionsof theotherOfficersof the Jn•versltyshalibe suchas maybe prescribed by the Statutes Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark of the Board of Man•gerent 33 CHAPTER IV AUTHORITIES OF THE UNIVERSITY 18. The fonow.ng be the authontles Of the Jnrversity. namely— (i) The Board OfManagement: (iii The Academic Council. (ii) The Skill Development Education Council: (v) The Planning Board, (v) The Board OfRecognition. The Finance Committee: (vii) The of Studies: and (Wii)Such other authorit:es as may be declared by the Statues to be the mthorittes Of Umversity The Board of Management shall be the Chief executive body of the University and shall Of the following members. narnely.— (a) Vice-Chancellor; (b) The Registrar; (c) Director. Skill Development Education Council: (d) Three employees of the university who shall be nominated by the Vice- Chancellor, Of which one shal' be from among the Directors Of School Of Studies and the Other two from among the teachers and Otheracademic staff Other than the Directors of School; (e) Five persons. who are not employees Of the University, to be norninated by the Chancellor. representing the following area cf specialisations. (i) Two errinent educationists, (ii) One person from the non-formalor voluntarysector: (iii) OnepersonrepresentingCornmerceor Industry:and (iv) One person representinglearned Professions. (f) Three representatives of the Government of Odisha; Secretary,Depanmentot Higher Educationand Secretary. Industries and Secretary, Labour and Employment. in their ex-otficio capacity, Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark the powers Of (g) Two members ot the Odesha Legislative Assembty nominated by the Speaker. (h) Three persons to be co-opted by the Board of Management from he tollow•ng sectors. namely,— (i) One expert on Vocabona' Education and Training. and (ii) Two experts on rotation basis from education. agriculture, public health care, rural industries and distance education (2) Members of the Board Of Management. other than ex-0Hici0 members. Shau hold office for a term Of three years: Provided. however. that persons nominated or appointed from the Universityshall holdoffice for a term of two years. (3) term of office Ofmembersof the Boardof Management shall commence from the date Of appointment. or nomination. as the case may be (4) Sixmembers of the BOJd of Managementshall form the quorumfor a meeting of the Btwd 20.(1)TheBoardOfManagementshallhavethepowerOfmanagementand administrationOfthe revenueandpropertyOfthe Universityandthe conductOfall administrativeaffairs of the Universitynot otherwiseprovidedfor (2) Subiect to the provisions of the Act, the Statutes and the Ordinances,the BoardOfManagementshall.in addit•onto Otherpowersvestedin it under the Statutes, have the following powers.nameiy.— (iii) to effect standardization or skill-related education available in the State. toCreateteachingandotheracademicpostsandto prescribe the functions and conditions of service of Professors. Readers. Lecturers and other teachers and other academic staff employed by the Universtty. to prescribe qualifications for teachers and other academic staff. to approve the appointment 01 such Professors. Readers. Lecturersandother teachersand academicstaff as maybe necessary the recommendations of the Selection CommitteesConstitutedfor the purpose: Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark 35 (v} to approve appointmentsto temporary vacancies af any academ'c staff to specify the mannerof apporntmentof temporary vacancies Of acadernic staff. (vi) to provide tot the appointment Of vislting Professors. Emeritus professors. Fellows. and writers and determine the terms and condltions of such appointments. Wii) to manageandregulatethe finances.accounts.investments, property0t the University all Otheraffairs Of the Universityandto appointsuch agentsasmaybe considered fit. (viii) to Investanymoneybeicnglngto the University.inclvding any unappbedincome.in such stocks. funds. shares or securitiesas it thinks fit or in the purchaseOf immovable property in the state with like power of varyn.g such investment from time to time Provided that no action under this clause shall be takenwithout consultingthe Finmce Committee; Ox) to create administrativeministerialand other necessary postsaftertaklngintoaccounttherecommencnionsOfthe Finance Committee and to specify the manner of appointment theretu (x) toregulateandenforcedisctp'ineamongsttheemployeesin accordancewth the StatutesandOrdnances. (xi) to transferoraccepttransfersOfanyimmovableormovable propertyon behaifof theunversity. (xii) toentertain.adludlcateupon.or redressthegrvevancesof theemployeesandthestudentsof theUniversitywhomay, for anyreason.feei aggrieved. (xiiOto fix the remunerationpayableto coursewriters, counsellors.examinersand invigilators,and travellingand other payable,after consultingthe Finance Committee. (m) toselectthecommonsealfortheUniversityandtoFYOvide for the use Of such seal: to inst'tutefel'owships.scholarships,studentship:and Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark Council Skill Oev elop ment 36 (Yvl) to exercise such other powers and perform such Other functionsasmaybe conferredor nposed on it bytheActor the Statutes 2f. (1) ThereShallbe anAcademicCouncilOf the university.which Shallbe the PrincipalacademicbodyO'the Universityandshall, to the provisionsOfthisAct andthe Rules.StatutesorOrdinances.madethereunder. co-ordinateandexercisegenera'supervisionovertheacademicpoliciesOfthe University. (2) The AcademicCouncilShanbe responsablefor the academicstandardsandperformsuchotherdutiesandfunctionsasmaybe conferredor imposedupon it by the Statutes. (3) The constitutionof theAcademicCounciland the termof office of its membersand its powersandfunctionsshal be suchas maybe prescribed by the Statutes. 22. 1) Subjectto theprovisionsof thisActandtheStatutes,theSkin Devefopment EducationCouncilshallhavethefollowingpowersandfunctions. namely:— (e) (0 to organizeandpromoteskill-relatedstudyand training programmes to approve the courses Of Of the academic programmes prepared by the planning Board to grve recognitionto industrres.firms, institutions. different registeredworkshops.laboratories.traininginstitutesasthe trainingplatformforstudentsOftheUniversity; to workoutthemodalitiesto standardisevocationalandski" developmentcoursesofferedbyvariousorganisations: to recommendfor withholdingof recognitionof the defaultingbodiesspecifiedinclause(c):and to exercisesuchotherpowersand performsuchOther functionsasmaybeprescribedbytheStatutes, (2) Theconstitution.andtheOtherpowers,dutiesandfunctionsOf theSkillDevelopment EducationCounciishallbesuchasmaybeprescribed by the Statutes Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark p Win ins Recognniøn• The Finance Comrnit'ee Sehods Of 37 23. (1) There shall be constituted a Planning Board of the University which shall be the prinapai olanmng body of the University and shall also be responsible for the montonng of the developments of the University on the indicated in the objects Ofthe Vn.vetsityv (2) The constitution Of the Planrung Board. the term ot Office Of its members and its powers and functions shall be such as may be prescrlbed by the Statutes 24. (1) The Board Of Recognition shall be responsible admitting Governrnent recognised colleges to the privileges of the university for providing add-On and skill developrnent courses. (2) The constitution and other powers and functions Of the Board 01 Recognitionshall be such as may Oeprescribedby the Statutes. 25. (f) The constitution. powers. duties and functions Of the Finance Committee shan be such as may be prescribed by the Statutes. 26. (f) Subject to the provisionsOf Clause(g) Of sub-section(l) Of section 4 there shall be euch number of Schools Of Studies as the University may,with the approvalOftheGovernment.determine.from time to time. (2) The constitution,powersand functionsof the SchoolsOfStudies shall be such as may be prescribed by the Statutes. 27. The constitution. powers. duties and functions of other authorities whichmaybe declaredby the Statutesto be authoritiesOfthe Universityshall such as may be prescribed by the Statutes, CHAPTER V STATUTES. REGULATIONS AND ORDINANCES 28, Subjectto theprovisionsof thisAct. theStatutesmayprovidefor allor any cf the following matters, namely — (a) the powers,dutiesand functionsthat may be exercisedand performed by the Vice-Chancellor. (b) the emolumentsandotherconditionsof serviceof theVice. Chancellor: Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark (d) (f) 38 the manner of appointment and emoluments ot Directors Registrar. Comptroller of Finance. Controler ot Exarrunatlon anc other Officers and the powers. duties anc functions that may be exercised and performed by each of tt-k Officers. the procedure for constitution of different authorities of the Unversity. the term of office of the members of such authoritEs and the powers and functions that may be exercJseC and performed by such authorities. the manner of appointmentof teachers 2nd other employees of the University. their qualifications. the code of conduct and other conditions Of Service in&ding the manner of termination of service and other disciplinary actk'n: the acceptance and managernentof trusts. bequests. donations and endowments. conferment of honorary degrees. holding of convocationsto confer degrees. •nstitution and maintenance. by the Jn•verslty, of departments. centres Of researchor specialisedstudies and post-graduate centres: registrationof graduatesand maintenanceOf list of registered graduates: procedureat meetingof authoritiesof the Universityand for the transaction Of their business: and all Othermatterswhich.byor thisActareto ormay prescrtbed by the Statutes to be made _ 29. (1) The firstStatutesshallbeframedbytheGovernment (2) Subjectto the provis'oncontainedin Sub-section(3).(4) and the Board of Management may. frorn time to time. make new or additional Statutes or may amend or repeal the Statutes (3) TheBoardOfManagementmay.fromtimeto time.makeany proposalto theChancellorfornewStatutesor fortheamendmentorrepealof the Statutes in force to the Chancellor (4) On receipt ot a proposd under sub-section(3) the Chancellor in ConsultationwiththeGovernment.mayether disapproveit or approveitwth or without mod/fication Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark The Ordinances. 39 (5) No Statutes or amendment cr repeal of the Statutes by the Board of Management shall have effect until it is approved by the Chance-Jor The Government may also propose for new Statutes for the amendment or repeal Ofany Statutes In force to the Chancellor (7) The first Statutes or subsequent Statutes shao come qnto force from the date of its publication in the official Gazette 30. (1) Subject to the provisions of this Act and the Statutes. the Ordinancesmayprovide tor all or anyOfthe matters.namely — (a) (b) (C) (d) the of students to the University. the courses Of study and the fees therefore. the quaiifications to degrees. diplomas. certificates and other academic distöcbons. the conditions for the grant of fellowships. awards and the like. the conduct of examinations. including the terms and conditions for appointment Of examiners and the general Ofstudents; managementOftheDepartmentsorSchoolsof theuniversity: laying down the policyand norms regarding.— (i) (iii) fixation Of examinatton fees and emoluments, travel"g and other anowances to be paid to the examiners. moderators and Such Other staff appointed for the examination work. payment for teaches. lessonwriters. evaluators and other academic staff appointed for organization and conducting refresher courses. workshop. seminars and Other programmes: rates of tuition fees and Othercharges receivable from the students subjects to the provisionsof taw for the time being in force: rates of remuneration to visiting professMs. emeritus professors,consultants,fellows,scholars.artists.course writers. Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark (f) (h) (k) (l) 40 the conduct and discipline of the students the action to be taken against them for breach of discipline or misconduct. Mth due regard to the Odisha Conduct of Exam.nation Act. 1988 includlng the tollowng, (i) use Of unfair means at an exarn.nabon or thereto. by the student himself Or by any Other student. or abatement thereof (ii) refusalto appearorgiveevidencein anyauthorized inquiryby an officer in-chargeOfan examination by anyofficeror authorityof the Universlty:or (iii) disorderly or otherwise objectionable conduct whether within or Outside the Vniversty; the conduct of examinations and other tests and the manner in which the candidates may be assessed examined by the examiners. the inspection of regional tenues. study centres and recognized institution: the modeOfexecutionOfcontractsOragreements for. or on beha'f of the University. the rulesto beobservedandenforcedby studycenters and recognized institutions regarding transfer Of students: the holding of convocationsto confer degrees. dplcmas. to grant certificates. other academic distinctions and recognitions to persons who have passed approved courses of study in the university or ccnducted research. collaboration with other Universities in the State. other statutory authorities aid departments of the Government, the appointments.for a specifiedperiod or periods. of teachersandother academicstaffworkirs in any Other UniversityorOrganisattonforundertakingjointprojects: the principlesgoverningthe seniorityOfServiceOfthe employees Of the University. the procedure focthe settlement of dispute between the University and the students. Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark (o) (p) 41 provision for reservationof required number of posts cf teachers, officers and other emptoyees of the University consistent with the law of the Government: all other matters for *lich provision in the opinion of the 0' Management, necessary for exercise of any powers confelred by the Act or the Statutes. any other matter which by Act or the Statutes. is to be, or may be. provided for by the Oronances Subsequent Ordinances (2} The FirstOrdinmcesof the UniversityShallbe mat* by VICO- ChanceUorwhich.after beingapprovedby theBoardof Management.shanbe submitted to the Chancellor for his approval (3) The Chancellorin consultationwith the Goverrvnentshallether approvetheOrdinancescr grvesuggestionsfor rnodifrcationstherein. (4) TheVice-ChancellorshalleitkærmodifytheOrdinancesIncorporating thesuggestionoftheChancellororgivereasonsfornotincorporatinganyof thesuggestionsmadebytheChancellorandshallretumtheFirstOrdinances dongwithsuchreasons.if any,to theChancellorandonreceiptcf tt•esame. the Chancellorshall considerthe commentsof theVice-chancellorand shall approvethe First Of the Universitywth Ot wdhoutsuch modificationsand then the First Ordinances. approvedby the Chancellor shallbe publishedIn the offaal Gazetteend uponsuchpublicationthe Ordinances shall come Into force 31. (t) TheBoardOfManagementmayproposefornewordinancesor for theamendmentor repea;OfOrdnancesin forceto the Chancefl0f. (2) TheChancellorshall.in consultationWiththe Government, approvethe OftheBoardofManagementundersub-section(1)or givesuggestionformodificationstherein (3) TheBoardOfManagementshalieithermodifytheOrdinances rtccrporating the OftheChancelloror givereasonsfor not incorporatinganyofthesuggestions bytheChancellorandshallreturn theOrdnancesalongwithsuchreason.ifany.totheChancellorandonreceipt Ofthesame,theChancellorshallconsider cornmentsOftheBoardof Management andShallapprovetheOrdnanceswithorwithoutmodifications andthentheOrditances.asapprovedbytheChancellor.shallbepublishedin theofficialGazetteanduponsuchpublicationtheOrdnancesshallcomeinto force. Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark unwersity Funl 42 32. The authoritiesOfthe ut#versttymaymake regulationsconsistentwith the Act the Statutes and the OrdK1ances. for the conduct Of their own business andthatof the Committees.if any appovitedby themandnot provi#d for by this Act, the Statutes.or tip in the mannerp'escnbed by the Statutes. CHAPTER FINANCE ANO ACCOUNTS 33. (1) The Umverslty shall establ'sh a fund to be called the UniversityFundtc whichthefollowvngshallbecredited.namew•:— (b) any contributÉn Of grant by the State Government. Central Government. D'stance Education Council, Indira GandhiNationalOpenUniversity.IndustrialUndertakings. Corporations Companies. Associations, Other bodies or authorities: any incomeof the Unversity from all sources including incomefrorn fees and charges and sale proceeds. bequests. donations_endowmentsand other grants, if any. received by Unwets'ty: and muscenanec•Æ recap's (2) The Universdymay.fromtyne tc "me. establishsuchotherfunds insuchnameandfor suchspecificpurposesasmaybedecidedbythe Board OfManagement in consultations with Government (3) Thefundshallbe keptw aNationalisedBankor ScheduledBank or investedin such securitiesas may be decidedby the Boardof Management (4) Thefundsandaumoneysof theUnversityshallbemanagedin suchmanners asmay be prescröed by the Statutes (5) Universitymay. with previousapproval of the Government as regardsthe purposeand amountcf loan.and subject to such conditionsas maybespecifiedbytheGovernmentastosecurityandrateofinterest.borrow anysumofmoneyfromanyNaticnal•sedBankorScheduledBankorany other corporatebody or any financial institution. Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark g•nanc• E s: mates Acxwnts and 34. (1) The a,-nualfinancialestrnatesof the Universityfor any tnancial year prepared under the direction of the Board of Management atleast five months beforethe cornmencernentOf financial year (2) The Jrivers;ty shao the financial estimate nd expenditure of the Umversity in such manner as may be prescribed by the Statutes (3) The financial estimates shall tz S'±mltted to the Board Of Managemer"t its approval (4) The Board of Mana9erwnt shall consider estirnates so ;xepared and approve them with or wlthout modification (5) The Unwersity shaft submit such estimates as approved by the to the Goverrnent the purpose of providng the grant, (6) The Government may pass such order with reference to the sad as it thinks fit and the sarne to the University whichshan give effect to such order. (7) The Board Of ManagerEnt may. in Cases where exßnd'ture in excess cf the amounts for in the budget IS fotnd necessæ-y. for reasons to be in writirA incur such expenditure. (8) The financid year of the University shal be the sarne as that Government. 35. (1) The mnual statement of accounts of University for a financial year shall be prepared under the Orections of the Board OfManagement witrån a of three mmths. aner eose Ofthe financial year. (2) The annual accounts as approved by the Board of Managernent ShanEe by the Auditor anointed by the Governm«tt (3) The amuai as approved by the Board of Management togetherWiththe copy of the audit report and a copy of the statement showing taken by the UruversityOnthe objections and points raised by the Auditor In his previous reports, shag be forwarded by the Board Of as soon as poss•bk and in any case. within the period of nöe Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark Annual Report Fine r.i.l 01 the Conation s of service Of employees months from the end of financial year to the Chancellor and to the Auditor appointed by the Government (4) It shall be competent for the Chancellor to give directions to the university, regarding the manner which the accounts to certain specific activities or schemes shall be maintained. or to take necessary action against the authority. the officer or any employee of the University found guilty in the audit report tor committing irregularities. and the University shall act according to the directions of the Chancellor 36. (1) The annual report of the University shall be prepared under the direction of the Board of Management. which shall include, among other matters, the steps taken by the University towards the fulfilment Of its Objectives. (2) The annual report so prepared shall be submitted to the Chanceilor cn or before such date as may be prescribed by the Statute. 37. Without obtaining the prior approval Of the Government. the University shall not,- (iii) (iv) create any new post o' officers, teachers cr other employees. revtse the pay. allowances. post-retirement benefits and other benefits having financial implications offered to its officers, teachers and Other employees; make any provision that may add any financial burden on the Government: and fill up the sanctioned vacant post. CHAPTER MISCELLANEOUS 38. The condition Of service Of the employees of the University shall be such as may be prescribed in the Statutes. (2) Every employee Of Universåy shall be appointed under a Mitten contract and such contract shall not be inconsistent with the provisions Of the Act. the Statutes and the Ordinances, (3) The contract referred to in sub-section (2) Shall be lodged With the University and a copy of which shall be furnished to the employees concerned. Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark Ozputes as Consuu•tot Universüy Authorities and Fong •nvalid&d by . Offcers be 45 39. Reference Of any dispute arising out of a contract Of employment referred tc in sub-section (2) Of section 38 between the University and an inchJdingthe thereofShall Suchasmaybe prescribed the Statutes. 40. (1) any question arises as to— (a) the interpretationof anyprovisionof thisAct or anyStatutes. Ordinances. Regulations or Rules. or (b) whetheranypersonhasbeendulyappointedas,orentitledto be, a memberof anyauthorityorOtherbodyof theUniversity. the matter Shaqbe refetred to the Governmentwhose decision thereon shall be final. (2) Anynomineeor ex-otficiomemberappointedbyanyauthontyor bodyoftheUniversityShailbedeemedtohavevacatedhisOffice.whenever hisnominationor appointrnentis cancelledby theauthorityconcernedor he ceasestoholdOfficebyvirtueofwhichhehasbeenamemberoftheauthority or body Of the university. 41.WhenanyvacancyoccursintheofficeOfamember.otherthananex• officiomember.or anyauthority,or Otherbodyof the Universitybeforethe expiryOfthetermofOfficeofsuchmember.thevacancyshallbefi'ledup,as soonasconvenientlymaybe . byappointmentor co-option,asthecasemay be.OfamemberwhoshallholdOfficesolongasthememberinwhoseplace hehasbeenappointedorcooptedwouldhaveheldit,if thevacancyhadnot 42.NoactorproceedngsofanyauthorityorbodyoftheUniversityshall bemalidatedrneretybyreasonofanyvacancyin itsmembership. 43. it shallbethedutyOfeveryauthorityandofficerOftheUniversityto ensurethattheinterestOftheUniversityisdulysafe-guarded 44.Apersonshallbedisqualifiedforelection,nominationorselectionas rnernberOfanyOftheauthonttesofaUniversity,if he,— (a) is.cnthedateofelection.nominationorselection.ofunsound mind deaf-mute: or Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark (b) (d) 46 is declared bankrupt or insolvent or has been convicted of and sentenced by a Cnminal Court to undergo •rnpriscnment for an offence involving mora\ turpitude. or is being elected. nomnated or selected consecutively for a second term. save as otherwise provided elsewhere in this Act Manage men' Explanation.—For the purposeOf this clause the expression •term' shdl include part of a term, 45. (1) If the Government, after making such enquiry as it may deem ft. are satisfied that the managementof the Universityhas not been or cannot be carried on •n accordance wth the provisions of the Act or that there has been such default In the performance of its duties by any Of the authorities cf the Uruversitythat administrationof the UntversltyiSnot '*ely to promoteits Objective. it may. after consultation With the Chancellor. issue notice the Unversityto showcausewithrnforty-fivedaysas to whyan orderOfits supersession should not be issued (2) If Government,on receipt of replyOf the Universityon the notice issued under sub-section(1), is satisfied that there is a prima-faciecase of contraven•ro or any of the provisionsof this Act or the Rules. Statutesor Ordinancesor regulationsmadethereunderorof financialmismanagementor of maladministration.it shallmakeanorderct suchenquiryas itmayconsider necessary (3) The Governmentshall,for the purposesof any enquiryunder sub-section(2). appointan inquiryofficeror officerstc inquireintoanyof the allegations and to make report thereon. (4) The *'Wiry offcer or officersappointedundersub-section(3) shal havethe same powersas are vestedin a civil court underthe of Civi Procedwe,190Bwhiletryinga suit in resgEctof thefollowingmatters, ActSof narnely (b) (c) (d) 1908. summoningard enforcingthe attendanceot any personand examining him on oath requiringthediscoveryand productionof anysuchdocument or anyothermaterialasmaybepredicableinevidence; reqÄtioning anypubhcrecordfromtheUniversity:and any other matter•mich may be prescribed Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark (5) The Inquiry officer or officers inquiring under this Act shall be deemed to be a civil coun for the pwposes of section 195 and chapter XXVI of the Code of Criminal Procedure. 1973 (6) On receipt of the enquiry from the officer or officers appointed under sub-sect'on if the Government is satisfied that the university has contravenedahor anyof the provisionsot this Att or the Rules. Statutes OrOrdinances or regulationsmade thereunder or has violated any of the directions issued by it under this Act or a situation of financial mismanagementand maladministrationhas arisen In the Unwersitywhich threatens the academic standard 01 the University, it shall make orders for liqkjdat•on of the university and appoint an administrator (7) The order under sub-section (3) shall remain in force for such period.not exceeding year.as theStateGovernmentmayspecifytherein. (8) A copyof everysuchordershall.as soonas maybe afterIt is issued, be laid before the State Legislature (9) Uponmakingtheorderundersub-section(6)— (a) theauthoritiesOftheconcernedUniversityshallbe deemed tc have been superseded and the members thereof holding office immeeatelybeforethe Issueof the order shallbe deemed tc have vacated their offices as such: (b) the concernedVice-Chance'lorshalibe deemedto heve vacated his office as such; (c) thepowersandfunctionsof theauthoritiesandtheVice- Chancellor shall, Curing the operation ot the order. be exercisedard performedby theAdministrator, (d) the Administratorshag,for the purposeOfsigningthe Degrees.DiplomasandOthercertificatesgrantedby the University,bedesignatedastheVice-Chancellorthereof: (e) everypersonceasingtoholdofficeasaforesaidandhaving possession.custodyor controlof anyproperlyof.or any books,documentsorotherpapersrelatingto. theUniversity shalldeliverthe property.books,documentsandOther Act 2 0' Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark Proteclion Of action taken In pod faith Mode of of u niversity record 48 papers to the Administrator or to such person as may be authorised by the Administrator in this behaf, and (f) the Governrnent shall take all necessary steps for securmg possession the properties. books, documents and other papers. (10) No person, who ceases to hold office by reason of the order under sub-section shall be entitled to any compensation for the 'oss Ofhis office. (11) The Administrator shall take all necessary steps for the reconstitution of the authorities and for the appointment of the Vice-Chancellor so that the members Of the said authorities and the Vlce-Chancellor can assume Office upon the expiry Of the period specified in sub-section Provided that notwithst"ing anything contained in this Act, the Government may, in consultationwith the Chancel!or. appoint the officer acting as the Administrator to be the of the University with effect from the date Ofexpiry of the order under sub-section (6) for such term not exceeding three years as it may think tit. (12) All elections. selections and nominations for the purpose of reconstitution of the said authorities shal be hetd in advance in accordance With the provisions Of this Act Statutes and an persons who are to take part in any such election, selection nominationby virtue of holding office as member of any authority shall. notwithstanding the fact that they have not assumed such office, be eligible to take such port. 46. No suit or Other legal proceedings shall lie against any officer, employee or authority of the University for anything, which is in good fadh done or ntended to be done in pursuance of any of the provisions of this Act, the Statutes, the Ordinances. the Regulations or the Rules 47. A copyOfreceipt.application.notice.order,proceeding.resolutionof any authority or committee of the University, or other documents in the possessionof the University,or My entry in any registerdulymaintainedby the University, if certified by the Registrar. shall be admitted as evidence of the Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark make rues. Of Other 49 'natters ane transactions specified therein. where the original thereof wouki, if produced have been evidence, 48. The Government may, by notification in the official Gazette, make for carrying out the purposes Ofthis Act. 49. 't anydifficultyarses tn giwngeffectto theprovisionsof thisAct, the Governmentmay by order, published in the official Gazette. make such provisions.notinconsistentwiththeprovisionsofthisActasappearstc itto be necessæ-yor expedient for removing the dtficulty• Provided that no such order shall be made under this section aftertheexpiryof twoyearsfromthecommencementofthis Act. 50. (1)NotwithstandinganythingcontainedinthisActandtheStatutes. (a) (b) the Governmentmay appoint the first Vice-Chancellor.first Registrar.the first Comptrollerci Financeand the first Controller of examination for a period not exceeding three years on such terms and conditionsas the Government thinks the first ecardof Managementshallconsistof not morethan eleven memberswho shall be nominatedby the Government andtheyshallhotdofficefora termofthreeyears,and the first &ance Committeeshallconsistof not morethan sevenmemberswhoShanbe nominatedby the Government andtheyshallholdofficefor a termOfthreeyears. 51.Theprovusicnsof thisActshagbeinadditionto.andnotinderogation Of.theprovisionsofanyother'awiforthetimebeinginforce. Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark