THE SRI SRI UNIVERSITY ACT, 2009

EXTRAORDINARY PUBLISHED BY AUTHORITY No. 1866 CUTTACK, MONDAY, DECEMBER 28, 2009 / PAUSA 7, 1931 LAW DEPARTMENT NOTIFICATION The 26th December, 2009 No.15024-I-Legis.-33/08/L, The following Act of the Orissa Legislative Assembly having been assented to by the Governor on the 1st December, 2009 is hereby published for general information. ORISSA ACT 18 OF 2009 THE SRI SRI UNIVERSITY ACT, 2009 AN ACT TO PROVIDE FOR ESTABLISHMENT OF THE SRI SRI UNIVERSITY IN ORISSA BY LAW AND TO CONFER THE STATUS OF A UNIVERSITY THEREON AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. BE it enacted by the Legislature of the State of Orissa in the Sixtieth Year of the Republic of India as follows: CHAPTER – I PRELIMINARY 1. This Act may be called the Sri Sri University Act, 2009. 2. In this Act, unless the context otherwise requires, – (a) “Academic Council” means the Academic Council of the University constituted under section 15; (b) “Board” means the Board of Governors of the University constituted under section 12; (c) “Deans” means the Deans of the University appointed under section 22; Short title. Definitions. 2 (d) “Executive Registrar” means Executive Registrar of the University appointed under section 21; (e) “Finance Committee” means Finance Committee of the University constituted under section 17; (f) “Founder Trustee “means the Founder Trustee of the Trust; (g) “prescribed” means prescribed by the Regulations; (h) “President” means the President of the University appointed under section 9 and includes the Designated President; (i) “Regulations” means Regulations of the University made under section 32; (j) “Sponsoring Body” means the Trust ; (k) “Trust” means Sri Sri Ravishankar Vidya Mandir Trust registered under the Indian Trust Act, 1882; (l) “University” means Sri Sri University; (m) “U.G.C.” means University Grants Commission; and (n) “Vice-Chancellor” means the Vice-Chancellor of the University appointed under section 19. CHAPTER – II THE UNIVERSITY 3. After the commencement of this Act, the Trust shall set up an Endowment Fund of Rupees Five crores. 4. (1) There shall be established a Unitary Self-Financing University by the name of Sri Sri University after the Endowment Fund is set up which shall be notified by the Government in the Official Gazette: Provided that no notification shall be made unless a High Power Committee constituted by the Government certifies to the Government that land for the establishment of the University is available and all necessary infrastructure including buildings, equipments, teaching staffs etc. are in place and that the UGC (Establishment and Maintenance of Standards on Private University) Regulations, 2003, have been fully complied with by the University. Endowment Fund. Establishment and Incorporation of the University. 2 of 1882. 3 (2) The main campus of the University shall be at Naraj in the district of Cuttack and Off-campuses, may be anywhere inside the State, with the approval of the Board and in accordance with the minimum criteria in terms of programmes, faculty, infrastructural facilities, financial viability, etc., as laid down, from time to time, by the U.G.C. and other concerned statutory bodies such as the All India Council for Technical Education (AICTE), the Bar Council of India (BCI), the Distance Education Council (DEC), the Dental Council of India (DCI), the Indian Nursing Council (INC), the Medical Council of India (MCI),the National Council for Teacher Education (NCTE) and the Pharmacy Council of India (PCI), etc.. (3) The University shall be a body corporate by the name aforesaid, having perpetual succession and common seal, with power, subject to the provisions of this Act, to acquire and hold property, to contract and shall, by the same name, sue and be sued. (4) In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by the Executive Registrar and all processes in such suits and proceedings shall be issued to, and serviced on, the Executive Registrar. (5) The University shall be located at ‘Naraj’ in the district of Cuttack with its administrative office at Bhubaneswar. 5. (1) The Board shall take immediate necessary steps for arrangement of all necessary infrastructure including land as per the laws in force in the State of Orissa, buildings, equipments and teaching staff etc. for smooth functioning of the University. (2) The land, building and other properties acquired for the purpose of University shall not be used for any purpose other than that for which the same is acquired. Setting up of infrastructure. 4 6. The objects of the University shall be: (i) to develop the knowledge in the field of arts, culture, commerce, science, medicine, technology, humanities and in other fields for the advancement of mankind. (ii) to disseminate, create and preserve knowledge and understanding by teaching, research, training and extension activities by effective demonstration and influence of its corporate life on society in general. (iii) to create centres of excellence for providing knowledge, education, training and research facilities of high order in the fields of science, technical and other related professional education as per its current status and such other means as may develop in future, including continuing education; (iv) to develop patterns of teaching at Certificate or Diploma or Undergraduate or Post-graduate and Doctoral level and to maintain a high standard of education and its applications; (v) to create capability for upgrading science and technology infrastructure to the global standards; (vi) to develop training facilities in higher education including professional education and allied fields; (vii) to provide for inter-relationships for national and global participation in the field of art, culture, commerce, science, medicine, technology, humanities and in other fields; (viii) to function as a learning resource centre; Objects of the University. 5 (ix) to provide for arrangement for national and global participation in the fields of higher and professional education including technical education; and (x) to establish close linkage with industry to make teaching, research and training at the University relevant to the needs of the economy, at national and global level and to provide consultation and research backup to industry and be compensated for it. 7. No person shall be excluded from any office of the University or from membership of any of its authorities or from admission to any degree, diploma or other academic distinction or course of study on the sole ground of sex, race, creed, caste, class, place of birth, religious belief or political or other opinion. 8. Subject to the provisions of this Act and in conformity with U.G.C norms, the University shall exercise the following powers and perform the following functions, namely: (i) Administer and manage the University and such centres for research, education and instruction as are necessary for the furtherance of the objects of the University. (ii) Provide for instruction, training and research in such branches of knowledge or learning pertaining to arts, culture, commerce, science, medicine, technology, humanities and other fields and for their advancement and dissemination. (iii) Conduct innovative experiments in new methods and technologies in all fields of knowledge of art, commerce and science and technology, in order to achieve international standards of such education, training and research; University open to all irrespective of sex, religion, class, creed or opinion. Powers and Functions of the University. 6 (iv) Prescribe courses and curricula and provide for flexibility in the education system and delivery methodologies including electronic and distance learning; (v) Hold examinations through all modes including electronic mode and confer degrees, diplomas or grant certificates and other academic distinctions or titles on persons subject to such conditions as the University may determine and withdraw or cancel any such degrees, diplomas, certificates or other academic distinctions or titles in the manner prescribed by the Regulations; (vi) Confer honorary degrees or other distinctions in the manner prescribed by the Regulations; (vii) Establish Off-campus Centres or Study Centres as are, in the opinion of the University, necessary for the furtherance of its objects; (viii) Provide for printing, reproduction and publication of research and other works and organise exhibitions and charge royalty or fee on such publications and exhibition; (ix) Sponsor and undertake research in all aspects of arts, culture, commerce, science, technology, humanities and other fields; (x) Collaborate or associate with, advise, administer, control, develop, maintain or take over by way of merger or otherwise, any educational institution with like or similar objects; (xi) Develop and maintain linkages with educational or other institutions in any part of the world having objects wholly or partially similar to those of the University through exchange 7 of teachers, scholars and students generally in such manner as may be conducive to their common objects; (xii) Develop and maintain relationship with teachers, researchers, and domain experts in the fields of art, culture, commerce, science, medicine, technology, humanities and other fields in any part of the world for achieving the objects of the University; (xiii) Regulate the expenditure and manage the finances and maintain accounts of the University; (xiv) Receive funds from industry, national and international organizations or any other sources as gifts, donations, benefactions, bequests, loans and by transfers of movable and immovable properties, for the purposes and objects of the University; (xv) Establish, maintain and manage halls and hostels for the residence of students and staff; (xvi) Supervise and control the residence and regulate the discipline of students of the University and make arrangements for promoting their health and general welfare and cultural activities. (xvii) Fix, demand and receive or recover fees and such other charges as may be prescribed by the Regulations; (xviii) Institute and award fellowships, scholarships, prizes, medals and other awards; (xix) Purchase or take on lease or accept as gifts or otherwise any land or building or works which may be necessary or convenient for the purpose of the University and on such 8 terms and conditions as it may think fit and proper and to construct or alter and maintain any such buildings or works; (xx) Sell, exchange, lease or otherwise dispose of all or any portion of the properties of the University, movable or immovable, on such terms as it may think fit and consistent with the interest, activities and objects of the University: Provided that no portion of the land leased out by the State Government shall be put to sale, exchange, lease or be otherwise transferred without prior approval of the State Government. (xxi) Draw and accept, make and endorse, discount and negotiate, Government of India and other promissory notes, bills of exchange, cheques or other negotiable instruments; (xxii) Raise and borrow money on bonds, mortgages, promissory notes or other obligations or securities founded or based upon all or any of the properties and assets of the University or without any securities and upon such terms and conditions as it may think fit and to pay out of the funds of the University, all expenses incidental to the raising of money, and to repay and redeem any money borrowed: Provided that no portion of the land leased out by the State Government shall be mortgaged without prior approval of the State Government; (xxiii) Invest the funds of the University in or upon such securities and transpose any investment from time to time in such manner as it may deem fit; (xxiv) Execute conveyance regarding transfers, mortgages, leases, licenses, agreements and other conveyances in respect of property, movable or immovable including 9 Government securities belonging to the University or to be acquired for the purpose of the University: Provided that no execution of conveyance be made in respect of the land leased out by the State Government without prior approval of the State Government; (xxv) Admit the students for the courses offered by the University in the manner prescribed by the Regulations; (xxvi) Create academic, technical, administrative, ministerial and other posts and to make appointments thereto; (xxvii) Regulate and enforce discipline among the employees of the University and to provide for such disciplinary measures as may be prescribed by the Regulations; (xxviii) Institute professorships, associate professorships, assistant professorships, readerships, lectureships and any other teaching, academic or research posts and to prescribe qualifications for them and to prescribe the remunerations; (xxix) Appoint persons as professors, associate professors, assistant professors, readers, lecturers or otherwise as teachers and researchers of the University and to prescribe the remunerations; (xxx) Do all such other acts and things as the University may consider necessary, conducive or incidental to the attainment or enlargement of all or any of the objects of the University; (xxxi) Follow the Universities Grants Commission Act,1956 and the Rules and Regulations, framed thereunder particularly the U.G.C. (Establishment of and Maintenance of Standards 10 in Private Universities) Regulations, 2003 as amended from time to time while achieving objectives; (xxxii) The admission procedure and fixation of fees shall be in accordance with the norms/guidelines prescribed by the U.G.C. of other concerned statutory bodies. CHAPTER – III AUTHORITIES AND OFFICERS OF THE UNIVERSITY 9. (1) The Founder-Trustee of the Trust shall be the President of the University for life and he may at his pleasure designate by order in writing, any other person to act as the President of the University, for such period as he may specify, who may be called the Designated President : Provided that after the life time of the Founder-Trustee and in the absence of or on expiry of the tenure of the Designated President the Trust shall nominate one of the trustees to be the President. (2) The President shall chair all meetings of the Board of Governors. (3) The President shall preside over the Convocation of the University. (4) The President shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Regulations. 10.The following shall be the authorities of the University, namely: (a) the Board; (b) the President; (c) the Academic Council; (d) the Finance Committee; and President of the University. Authorities of the University. 11 (e) such other authorities as may be declared by the Regulations to be the authorities of the University. 11.The following shall be the officers of the University, namely :  (a) the President; (b) the Vice-Chancellor; (c) the Deans; (d) the Executive Registrar; and (e) such other persons as may be declared by the Regulations to be officers of the University. 12. (1) The Board of Governors of the University shall consist of the following members, namely :  (i) The President shall be the Chairman of the Board; (ii) The Trustees of the Trust; (iii) Two persons to be nominated by the Trust; (iv) The Vice-Chancellor of the University; (v) Two Deans of the University, by rotation, to be nominated by the Vice-Chancellor; (vi) Secretary to Government in the Department of Higher Education shall be the ex-officio member ; (vii) Three expert academicians to be nominated by the President in consultation with the Trust; (viii) Three experts in the field of finance, law, management, humanities or in other fields to be nominated by the President in consultation with the Trust; Officers of the University. Board of Governors. 12 (ix) Two representatives from any company, corporation, or Public Sector Undertaking under the control of Government to be nominated by the President in consultation with the Trust; and (x) Two members of the Orissa Legislative Assembly to be nominated by the Speaker. (2) The Executive Registrar shall be the non-member Secretary of the Board. 13. (1) Subject to the provisions of this Act, the Board shall be responsible for the general superintendence, direction and control of the affairs of the University and shall exercise all the powers of the University, and shall have the power to review the acts of the Academic Council and the Finance Committee. (2) Without prejudice to the provisions of sub-section (1), the Board shall have the following powers and functions, namely :  (i) Take decision on all questions of policy relating to the administration and working of the University; (ii) Institute courses of study at the University; (iii) Make Regulations; (iv) Consider and approve the annual report and the annual accounts of the University for every financial year; (v) Invest monies and funds of the University and take decisions on the recommendations of the Finance Committee; (vi) Publish or finance the publication of studies, treatises, books, periodicals, reports and other literature and to sell or arrange for the sales as it may deem fit from time to time; Powers and Functions of the Board. 13 (vii) Create or abolish posts of teachers and other employees of the University and fix their remunerations; (viii) Appoint such committees as it considers necessary for the exercise of its powers and the performance of its duties under this Act; and (ix) Exercise such other powers and perform such other functions as may be conferred or imposed upon it by this Act or Regulations and all such other powers for achieving the objects of the University. (3) The Board shall, with necessary documentations, apprise the Trust of all resolutions and decisions it passes, from time to time. (4) The Board may delegate any of its powers to the President, Vice-Chancellor, Deans, Executive Registrar, or any other officer, employee or authority of the University or to a committee appointed by it. 14. (1) Save as otherwise provided in this section, the terms of nominated members of the Board shall be three years from the date of nomination. (2) Any vacancy in the Board in respect of a nominated member occurring before the expiry of the prescribed period shall be filled up by nomination of another person by the President from the same category in which the vacancy occurs excepting nomination to be made by the Speaker, Orissa Legislative Assembly. (3) A member nominated under sub-section (2) shall continue for the remainder of the term of a member in whose place he is nominated. (4) A member may resign his office by writing under his hand addressed to the President but he shall continue in office until his resignation has been accepted by the President. (5) An outgoing member shall be eligible for re-nomination. Term of office and vacancies among members of the Board. 14 15. (1) The Academic Council of the University shall consist of the following members, namely:  (i) The Vice-Chancellor of the University who shall be the ex-officio Chairman of the Academic Council; (ii) Two academicians or professionals to be nominated by the Board; (iii) Two external academicians or professionals in the areas of art, commerce and of science and technology or other fields, to be nominated by Vice- Chancellor; (iv) Two Deans of the University, by rotation, to be nominated by the Vice-Chancellor; and (v) One Professor from each discipline of the University, by rotation, to be nominated by the Vice-Chancellor; (2) The Executive Registrar shall be the non-member Secretary of the Council; (3) An out going member shall be eligible for re-nomination. (4) The term of office of the members other than the ex-officio member shall be three years. 16. Subject to the provisions of the Act and the Regulations, the Academic Council of the University shall have the following powers, namely:  (i) Exercise control and general regulation over the academic policies of the University and be responsible for the maintenance and improvement of standards of instruction, education and evaluation in the University; Academic Council. Powers and Functions of the Academic Council. 15 (ii) Consider matters of general academic interest either on its own initiative or on a reference from the Faculty of the University or the Board and to take appropriate action thereon; (iii) Recommend to the Board such Regulations as are consistent with this Act regarding the academic functioning of the University including discipline of students; (iv) Exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Regulations. 17. (1) The Finance Committee shall consist of the following members, namely:  (i) the Vice-Chancellor of the University shall be the ex- officio Chairman of the Committee; (ii) one member of the Board to be nominated by the President; (iii) one representative of the Trust; (iv) one Dean of the University, by rotation, to be nominated by the Vice-Chancellor; (v) one expert in the field of Finance to be nominated by the President. (2) The Executive Registrar shall be the non-member Secretary of the Committee. (3) An out going member shall be eligible for re-nomination for the next term. (4) The term of office of a member other than the ex-officio member shall be three years. Finance Committee. 16 18. Subject to the other provisions of this Act, the Finance Committee shall exercise the powers and perform the functions mentioned below, namely:  (i) Examine the annual accounts and annual budget estimates of the University and advise the Board thereon; (ii) Review the financial position of the University from time to time; (iii) Make recommendations to the Board on all financial policy matters of the University; (iv) Make recommendations to the Board on all proposals involving raising of funds, receipts and expenditure; (v) Provide guidelines for investments of surplus funds; (vi) Make recommendations to the Board on all proposals involving expenditure for which no provision has been made in the budget or for which expenditure in excess of the amount provided in the budget has been or has to be incurred; (vii) Examine all proposals relating to revision of scales, up- gradation of scales and those items which are not included in the budget, before they are placed before the Board; (viii) Exercise such other powers and perform such other functions as may be conferred or imposed upon it by the Regulations. Powers and Functions of the Finance Committee. 17 19. (1) The Vice-Chancellor shall be appointed by the Board out of a panel of names recommended from time to time by a Committee consisting of the following members, namely:  (i) an eminent person to be nominated by the President; (ii) an eminent educationist to be nominated by the President; and (iii) one member of the Board to be nominated by the President. (2) The President shall designate one member as the Chairman of the Committee. (3) The terms of office of the Vice-Chancellor shall be determined by the Board for a period but not exceeding five years. (4) Notwithstanding anything contained in sub-section (1), the Vice-Chancellor of the University holding the office at the commencement of this Act, shall be deemed to have been appointed as the first Vice- Chancellor. (5) Where a vacancy in the office of Vice-Chancellor occurs and it can not be conveniently and expeditiously filled up in accordance with the provisions of sub-section (1) and if there is any emergency, the President, in consultation with the Board, may appoint any suitable person to be the Vice-Chancellor and may, from time to time, extend the term for a period not exceeding one year. (6) The conditions of service of the Vice-Chancellor, including salary, allowances, leave, pension and provident fund shall be such as may be prescribed by the Board and until so prescribed, shall be determined by the President. The Vice- Chancellor. 18 20. (1) The Vice-Chancellor shall be the Chief Executive and Academic Officer of the University and shall preside over the meetings of the Academic Council and Finance Committee. (2) Without prejudice to the generality of the provision contained in sub-section (1), the Vice-Chancellor shall  (i) exercise general supervision and control over the affairs of the University; (ii) ensure implementation of the decisions of the authorities of the University ; (iii) be responsible for imparting instruction and maintenance of discipline in the University; and (iv) exercise such other powers and perform such other duties as may be assigned to him under this Act or the Regulations or as may be delegated to him by the Board or the President, as the case may be. (3) Where any matter is of urgent nature requiring immediate action and the same cannot be immediately dealt with by the President or an authority or a body of the University empowered under this Act to deal with it, the Vice-Chancellor may take such action as he may deem fit and he shall forthwith report the action taken by him to the President or authority or body of the University who or which, in the ordinary course, would have dealt with the matter : Provided that if such authority or body is of the opinion that such action ought not have been taken by the Vice-Chancellor, it may refer the matter to the President who may either confirm the action taken by the Vice-Chancellor or annul the same or modify it in such manner as he thinks fit, and thereupon it shall cease to have effect or as the case may be, shall take effect in such modified form, in as much as that such modification or annulment shall be without prejudice to the validity of anything previously done by or under the orders of the Vice-Chancellor. (4) Where the exercise of the power by the Vice-Chancellor under sub-section (3) involves the appointment of any person, such appointment shall be confirmed by the competent authority empowered to Powers and duties of the Vice-Chancellor. 19 approve such appointment, in accordance with the provisions of this Act and the Regulations, not later than six months from the date of order of the Vice-Chancellor, otherwise the same shall cease to have effect on the expiration of a period of six months from the date of order of the Vice- Chancellor. 21. (1) The Executive Registrar shall be appointed in such manner and on such terms and conditions as may be prescribed by the Regulations. (2) The Executive Registrar shall exercise the powers and perform the duties as mentioned below, namely:  (i) He shall be responsible for the custody of records, common seal, the funds of the University and all other property of the University; (ii) He shall place before the Board and other authorities of the University, all such information as may be necessary for transaction of its business; (iii) He shall be responsible to the Vice-Chancellor for the proper discharge of his functions; (iv) He shall, subject to the control of the Vice- Chancellor, be responsible for the administration and services of the University and conduct the examinations and make all other arrangements necessary therefor and be responsible for the execution of all processes connected therewith; (iv) He shall attest and execute all documents on behalf of the University; (v) He shall exercise such other powers and perform such other duties as may be assigned to him under this Act or the Regulations or as may be delegated to him by the Board or the Vice-Chancellor. Executive Registrar. 20 22. (1) The Deans of the University shall be appointed by the Vice Chancellor, with the approval of President acting as Chairman of the Board, from amongst the Faculty of the University as prescribed by the Regulations. (2) The Deans shall assist the Vice-Chancellor in managing the academic and other affairs of the University and shall exercise such powers and perform such functions as may be prescribed by the Regulations or be entrusted to them by the Vice-Chancellor. CHAPTER – IV MISCELLANEOUS PROVISIONS 23. (1) The Trust shall place funds at the disposal of the University to be called the Permanent Endowment Fund of a sum of rupees Five Crore, in long term interest bearing securities issued or guaranteed by the State Government. On the termination of the involvement of the Trust and after meeting the operational expenditure for the next three years, out of the Permanent Endowment Fund, if there is any unused balance that shall be paid back to the Trust. (2) The Endowment shall be used as security deposit to ensue that the University complies with the provisions of the Act and functions as per the provisions of the Act and Regulations made thereunder. (3) Income from Endowment Fund may be utilized for development of infrastracture of the University and to meet the recurring expenditure of the University. 24. The Trust may pay to the University, from time to time, such sums of money and in such manner as may be considered necessary for the exercise of its powers and discharge of its functions under this Act. The Deans. Permanent Endowment Fund of the University. Payment to the University. 21 25. (1) The University shall have its own funds consisting of – (i) all monies provided by the Trust; (ii) all fees and other charges received by the University; (iii) all monies received by the University by way of grants, loans, gifts, donations, benefaction, bequests or transfers; (iv) all monies received by the University from collaborating with industry in terms of the provisions of the Memorandum of Understanding between the University and the Industry, for establishment of sponsored chairs, fellowships and infrastructure facilities of the University; and (v) all monies received by the University in any other manner or from any other source. (2) All funds of the University shall be deposited in such banks or invested in such manner as the Board may decide on recommendation of the Finance Committee. (3) The funds of the University shall be applied towards the expenses of the University including expenses incurred in the exercise of its powers and discharge of its functions. (4) There shall be provisions formulated by the Board for reimbursement to the Trust of funds provided by the Trust to the University in order to enable the Trust to carry out its activities. 26. (1) The University shall maintain proper accounts and other records, and prepare an annual statement of accounts, including the income and expenditure account and the balance sheet, in such form and in such manner as may be prescribed by the Regulations. Funds of the University. Accounts and Audit. 22 (2) The University shall adopt a proper system of internal checks and balances and controls in the discharge of its finance, accounting and auditing functions as may be prescribed by the Regulations. (3) The Accounts of the University shall be audited not less than once a year by a statutory auditor who shall be a Chartered Accountant or a firm of Chartered Accountants as defined in the Chartered Accountants Act, 1949, who shall be appointed by the Board. (4) The Accounts of the University certified by the person or firm so appointed or any other person authorized in this behalf, together with the audit report thereon, shall be placed before the Board and the Board may issue such instructions to the University in respect thereof as it deems fit and the University shall comply with such instructions. (5) The Accounts of the University shall be audited by an internal auditor who shall be a Chartered Accountant or a firm of Chartered Accountants appointed by the Board, to ensure audit of all books of accounts, and such periodic internal audit reports shall be placed before the Board for review. (6) The University shall prepare each year a report of its activities during the previous year and submit it in the form of an annual report to the Board for review and approval. (7) The Board, after due review and approval, shall submit a copy of the Annual Report to the Trust. 27. (1) The University shall, with the approval of the Board, constitute for the benefit of its officers, teachers and other employees, in such manner and subject to such conditions, as may be prescribed by the Regulations, such schemes of pension, provident funds and insurance as it may deem fit, and also aid in establishment and support of the associations, institutions, funds, trusts and conveyance calculated to benefit the staff and the students of the University. Pension and Provident Fund. 38 of 1949. 23 (2) Where any such provident fund has been so constituted, the provisions of the Provident Fund Act, 1925, shall apply to such funds as if it were a Government Provident Fund. 28. No act or proceedings of the Board or any authority of the University or any committee constituted under this Act or by the Regulations shall be questioned on the ground merely of the existence of any vacancy in or defect in the constitution of the Board, Authority or Committee of the University. 29. Notwithstanding anything contained in any other law for the time being in force, the University shall have powers to confer degrees, diplomas and grant certificates, and confer degrees and honorary degrees and other academic distinctions and titles, as approved by the Board, in accordance with the norms laid down by Regulatory Bodies. 30.The University shall furnish to the statutory authorities such reports, returns, statements and other information as may be required by them from time to time. 31. (1) The Sponsoring Body may dissolve the University by giving a notice to that effect in the prescribed manner to the Government and the employees and the students of the University at least one year in advance: Provided that dissolution of the University shall take effect only after the last batches of students of the regular courses who have been admitted before issuance of notice have completed their courses and they been awarded degrees, diplomas or awards, as the case may be. (2) On the dissolution of the University all the assets and liabilities of the University shall vest in the Sponsoring Body, except the land leased out by the State Government which shall be resumed by the Government. Acts and proceedings not to be invalidated by vacancies. Returns and information. Management of University on dissolution. Conferment of Degrees. 19 of 1925. 24 32. (1) Subject to the provisions of this Act, and in conformity with the norms of the U.G.C. the Board shall have, in addition to all other powers vested in it, the power to make Regulations to provide for the administration and management of the affairs of the University: Provided that the first set of Regulations shall be prepared by the Board and submitted to the Government for approval : Provided further that no amendment to the first set of Regulations shall be made by the Board without approval of the Government. (2) In particular and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely:  (i) summoning and holding of meetings of the authorities of the University, other than the first meeting of the Board, and the quorum and conduct of business at such meetings; (ii) powers and functions to be exercised and discharged by the President; (iii) constitution, powers and duties of the authorities, bodies and other committees of the University established under this Act including the qualifications and disqualifications for membership of such authorities, term of office of the membership, appointment and removal of members thereof and other matters connected therewith, (iv) procedure to be followed by the Board and any Committee or other body constituted under this Act or by the Regulations in the conduct of the business, exercise of the powers and discharge of the functions; Regulations. 25 (v) the admission procedure and fixation of fees in conformity with the norms and guidelines prescribed by the U.G.C. and other concerned statutory bodies; (vi) the procedure to be followed for enforcing discipline in the University; (vii) the management of the properties of the University; (viii) degrees, diplomas, certificates and other academic distinctions and titles which may be conferred or granted by the University and withdrawal or cancellation of any such degrees, diplomas, certificates and other academic distinctions and titles and the requirements thereof; (ix) conduct of examinations including the term of office and appointment of examiners; (x) creation of posts of Professors, Associate Professors, Assistant Professors, Readers, Lecturers or equivalent academic designations or posts, officers and employees of the University, and the appointment of persons to such posts including the qualifications requisite there for; (xi) the manner and conditions for constitution of insurance, pension and provident funds and such other schemes for the benefit of officers, teachers and other employees of the University; (xii) the terms and conditions applicable for association of the University with other institutions; (xiii) preparation of budget estimates and maintenance of accounts; 26 (xiv) mode of execution of contracts or agreements by or on behalf of the University; (xv) classification and procedure for appointment of officers and staff of the University; (xvi) terms and tenure of appointments, salaries and allowances, contractual services, rules and discipline and other conditions of service of the Vice- Chancellor, other officers, teachers and employees of the University; (xvii) all terms and conditions governing deputation of officers and staff of the University; (xviii) the powers and duties of the Vice-Chancellor and other officers, teachers and employees of the University; (xix) the terms and conditions governing fellowship, scholarships, stipends, medals and prizes; (xx) authentication of the orders and decisions of the Board; (xxi) all matters relating to hostels and halls of residence including disciplinary control therein; and (xxii) any other matter in relation to administration, management and control of the University. (3) The courses of studies prescribed for a first degree and the post graduate degree or diploma programmes should have been formally approved by the Academic Council and Board of Governors; (4) The programmes of study leading to a degree or a post- graduate degree or diploma offered by a private university shall conform to the relevant regulations or norms of the U.G.C. or the concerned statutory body as amended from time to time. 27 (5) The University shall provide all the relevant information relating to the first degree and post-graduate degree or diploma programme(s) including the curriculum structure, contents, teaching and learning process, examination and evaluation system and the eligibility criteria for admission of students, to the U.G.C. on a pro-forma prescribed by the U.G.C. prior to starting of these programmes. (6) The U.G.C., on detail examination of the information made available as well as the representations and grievances received by it from the students as well as concerned public relating to the deficiencies of the proposed programme(s) not conforming to various U.G.C. Regulations, shall inform the concerned university about any shortcomings in respect of conformity to relevant regulations for rectification and the University shall offer the programme(s) only after necessary rectification. 33. If any difficulty arises with respect to the establishment of the University or in connection with the first meeting of any authority of the University or otherwise in giving effect to the provisions of this Act and the Regulations, the President of the University may, at any time, before all authorities of the University have been constituted, by order, make any appointment or do anything consistent, so far as may be with the provisions of this Act and the Regulations, which appear to him necessary or expedient for the purpose of removing the difficulty and every such order shall have effect as if such appointment or action had been made or taken in the manner provided in this Act and the Regulations: Provided that before making any such order the President may ascertain and consider the opinion of the Vice-Chancellor and of such appropriate authority as may have been constituted. 34.Notwithstanding anything contained in this Act – (i) the Vice-Chancellor may, with the prior approval of the President and subject to availability of funds, discharge all or any of the functions of the University for the purpose of carrying out the provisions of this Act and the Regulations Removal of difficulties at the commencement. Transitory provisions. 28 and for that purpose may exercise any power or perform any duty which, by this Act and the Regulations, are to be exercised or performed by any authority of the University until such authority comes into existence as provided by this Act and the Regulations; (ii) the Academic Council, if any, functioning as such immediately before the commencement of this Act shall continue to so function until the Academic Council is constituted for the University under this Act, but on the constitution of the Academic Council under this Act, the members of the Academic Council holding office before such constitution shall cease to hold office; (iii) the Finance Committee, if any, functioning as such immediately before the commencement of this Act shall continue to so function until the Finance Committee is constituted for the University under this Act, but on the constitution of the Finance Committee under this Act, the members of the Finance Committee holding office before such constitution shall cease to hold office. 35. No suit, prosecution or other legal proceeding shall lie and no damage shall be claimed from the University, the President, the Vice- Chancellor, the authorities or the officers of the University or any other person in respect of anything which is done in good faith or purporting to be done in pursuance of this Act or any Regulation made thereunder. 36. (1) Nothing in section 35 shall be a bar to the right to file writs before the High Court or Supreme Court under provisions of the constitutions of India. (2) Nothing in section 35 shall be a bar for filing suit, prosecution or other legal proceedings for anything done in contravention of this Act or the Regulations made thereunder. ** ** ** Bar to Civil Suit and proceeding. Filing of writs before High Court or Supreme Court. 29 37. The State Government shall have powers to issue directions from time to time as may be required to be followed by the University under the provisions of this Act, the Regulations made thereunder and under any other law for the time being in force. 38. The State Government shall not bear any financial liability for establishment of the University or for any action of the University or its officers or functionaries. 39. Subject to the provisions of this Act and Regulations, any officer or authority of the University may, by order, delegate his or its powers, except the power to make regulations, to any other officer or authority under his or its control and subject to the condition that the ultimate responsibility for the exercise of the power so delegated shall continue to vest in the officer or authority delegating them. By order of the Governor D. DASH Principal Secretary to Government Printed and published by the Director of Printing, Stationery and Publication, Orissa, Cuttack-10 OGP/SBP., Ex. Gaz. No.1363—193+180 DTP-28-12-2009 Print 30-12-2009 Power to issue direction. Financial liability of State Government. Delegation of powers.