University – Advocatetanmoy Law Library

Orissa Lift Irrigation Corporation Ltd. Vs. Rabi Sankar Patro & Ors.[SC 2018 January]

January 27, 2018January 27, 2018Advocatetanmoy

KEYWORDS:-Deemed to be University in question through distance learning mode-AICTE- ONE TIME RELAXATION-

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DATE:- 22nd January, 2018.

This facility is given as one-time exception so that those who have the ability and can pass the test in the first attempt itself, should not be put to inconvenience. If the candidates pass in such first attempt, they would be entitled to retain all the advantages. But if they fail or choose not to appear, the directions in the judgment shall apply, in that the degrees and all advantages shall stand suspended and withdrawn.
If award of degrees in Engineering through distance education mode by Deemed to be Universities, as a concept or principle was not accepted by AICTE, it is immaterial whether the Study Centre in question was ITM International. Said Institution was not by itself authorized to award degrees in Engineering on its own nor was it affiliated to any State or Central University at the relevant time. The courses conducted by said institution led to award of degrees of AAI, which had no expertise or excellence in the field of Engineering and through distance education mode.

SUPREME COURT OF INDIA

Orissa Lift Irrigation Corporation Ltd. Vs. Rabi Sankar Patro & Ors.

[M.A. Nos.1795-1796 of 2017 in Civil Appeal Nos.17869-17870 of 2017] [Diary No(s).39667/2017 IA 138802/2017 in C.A. No.17870/2017] [MA 1807-1808/2017 in C.A. No. 17869-17870/2017] [MA 1797-1798/2017 in C.A. No. 17869-17870/2017] [MA 1799-1800/2017 in C.A. No. 17869-17870/2017] [MA 1801-1802/2017 in C.A. No. 17869-17870/2017] [MA 1803-1804/2017 in C.A. No. 17869-17870/2017] [MA 1805-1806/2017 in C.A. No. 17869-17870/2017] [MA 1864-1865/2017 in C.A. No. 17869-17870/2017] [MA 1866-1867/2017 in C.A. No. 17869-17870/2017] [MA 1870-1871/2017 in C.A. No. 17869-17870/2017] [MA 1868-1869/2017 in C.A. No. 17869-17870/2017] [MA 1872-1873/2017 in C.A. No. 17869-17870/2017] [MA 11-12/2018 in C.A. No. 17869-17870/2017]

[MA 1874-1875/2017 in C.A. No. 17869-17870/2017] [MA 1876-1877/2017 in C.A. No. 17869-17870/2017] [Diary No(s). 42444/2017 IA 487/2018 in C.A. No.17870/2017] [MA 5-6/2018 in C.A. No. 17869-17870/2017] [Diary No(s).356/2018 IA 1080/2018 in C.A. No.17870/2017] [MA 17-18/2018 in C.A. No. 17869-17870/2017] [MA 13-14/2018 in C.A. No. 17869-17870/2017] [MA 15-16/2018 in C.A. No. 17869-17870/2017]

[Writ Petition (Civil) No. 1233 of 2017]

[M.A. No. 38 of 2018 in C.A. No.17907/2017]

ORDER

Uday Umesh Lalit, J.

1. These applications have been preferred seeking clarification and modification of directions issued by this Court in its Judgment and Order dated 03.11.2017 (“the judgment” for short) in Civil Appeal Nos.17869-17870 of 2017. Various directions were issued in the judgment and more particularly in paragraph No.53 of the judgment. The gist of the applications and the contentions advanced by the learned counsel were as follows:-

[M.A. Nos. 1795-1796 of 2017 in Civil Appeal Nos.17869-17870 of 2017 (I.A. No.138771 of 2017]

[MA 1797-1798/2017 in C.A. No. 17869-17870/2017 (I.A. No.138778 of 2017]

[MA 1799-1800/2017 in C.A. No. 17869-17870/2017(I.A. No.13890 of 2017]

[MA 1801-1802/2017 in C.A. No. 17869-17870/2017 (I.A. No.138791 of 2017]

[MA 1803-1804/2017 in C.A. No. 17869-17870/2017 (I.A. No.138793 of 2017]

[MA 1805-1806/2017 in C.A. No. 17869-17870/2017(I.A. No.138795 of 2017]

The applicants, holding diplomas in Engineering, enrolled themselves in 2005 in courses leading to award of B.Tech degree offered by Deemed to be University in question through distance learning mode. Later, on the basis of the degrees awarded by the Deemed to be Universities, they underwent independent selection undertaken by Union Public Service Commission and entered certain services as direct recruits and have presently either been engaged in the same service or have advanced in career on the basis of such selection by UPSC.

Mr. V. Giri, learned Senior Advocate submitted that the controversy in the judgment was principally concerning the cases of in-service candidates who were initially employed as diploma holders but while in service had been awarded degrees in Engineering by Deemed to be Universities in question through distance learning mode; and that this Court was not called upon to consider cases where such degrees themselves became the foundation for a subsequent employment or selection and further advancement in career.

He further submitted that an exception be made in favour of such candidates whose qualifications were independently considered by an authority such as UPSC and were selected through competitive selection process and in any case, even if the Judgment were to apply to such candidates, the suspension of their degrees and all advantages flowing therefrom till they pass the test as indicated in the judgment ought not to be insisted upon. He submitted that unlike in-service candidates who may not be losing their jobs, such candidates, who had independently undergone fresh selection and were directly appointed would lose their jobs completely and even if they were to successfully pass the test conducted by AICTE, restoration of their original position and jobs would itself become a difficult proposition.

[M.A. Nos.13-14/2018 in C.A. No.17869-17870 of 2017(I.A. No.991 & 994 of 2018]

[M.A. Nos.15-16/2018 in C.A. No.17869-17870 of 2017(I.A. No.1019 of 2018]

The applicants had completed B.Tech courses in Computer Science through distance education mode in 2004. According to them, instructions were imparted in ITM International and they were awarded degrees by Allahabad Agricultural Institute, Deemed to be University. Later they acquired degrees in M.Tech and other qualifications based on such B.Tech degree and have thereafter advanced in career. Ms. Meenakshi Arora, learned Senior Advocate while adopting the submissions of Mr. V. Giri, learned Senior Advocate submitted that ITM International is an Institution of repute and no infirmity could be attributed to their degrees. Further, her clients in any case had undergone further selection process where knowledge of the candidates was independently tested and they were appointed in others posts.

[Diary No.356 of 2018 in C.A. No.17869-17870 of 2017 (I.A. No.1080 of 2018)]

[M.A. Nos.17-18 of 2018 in C.A. No.17869-17870 of 2017 (I.A. Nos.1049 and 1054 of 2018]

The candidates had acquired first degrees in Engineering from a regular and approved Institution and as such their first degrees are not invalid or irregular on any count. However, these candidates had later acquired Master’s degrees in Engineering from Deemed to be Universities through distance M.A.1795-1796 of 2017 in C.A. Nos.17869-17870 of 2017(1).docx education mode.

Mr. Kapil Sibal, learned Senior Advocate invited our attention to the advertisement issued by AICTE in which all candidates including those who had secured Master’s degrees in Engineering from Deemed to be Universities in question through distance education mode were also required to appear at the test. In his submission this Court was principally concerned with first degrees in engineering which were acquired through distance education mode and not the Master’s degrees. He further submitted that those candidates who had acquired such Masters’ Degrees in engineering were not covered by the judgment.

[M.A. Nos.1866-67/2017 in C.A. Nos.17869-17870 of 2017 (I.A. Nos.141892 of 2017]

[M.A. Nos.1868-1869/2017 in C.A. Nos.17869-17870 of 2017 (I.A. Nos.141912 of 2017]

[M.A.Nos.1872-73/17 in C. A. Nos.17869-17870 of 2017 (I.A. Nos.141948 of 2017 ON IA 516/2018 ON IA516/2018]

The applicants were awarded diplomas in Engineering through distance education mode by the concerned Deemed to be Universities. Mr. Dhruv Mehta, learned Senior Advocate invited our attention to paragraphs 34 and 46 of the Judgment and submitted that this Court was concerned with courses leading to degrees of Engineering and not to diplomas and as such rigor of the Judgment ought not to apply to pure and simply diploma holders. In his submission, the public notice issued by AICTE was 6 beyond the scope of the matter.

[Diary No.39667 of 2017 in C. A. No.17869-17870 of 2017 (I.A. No.138802 of 2017)]

[M.A. No.S1807-1808 of 2017 in C. A. No.17869-17870 of 2017 (I.A. Nos.138799 of 2017]

[Diary No.42444 of 2017 in C.A. Nos.17869-17870 of 2017 (I.A. No.487 of 2018]

[M.A. Nos.5-6 of 2017 in C.A. No.17869-17870 of 2017 (I.A. No.511 of 2018]

In the present case, the applicants had enrolled themselves in courses offered by Vinayaka Missions Research Foundation (VMRF) through distance education mode. Mr. Anupam Lal Das, learned Advocate submitted that as is evident from the affidavit of Mr. Ved Prakash, Chairman, UGC as extracted in the judgment, VMRF was granted Deemed to be University status for its excellence in subjects including engineering and technology unlike other Deemed to be Universities, namely, JRN, IASE and AAI. He invited our attention to Paragraphs 21, 34 and 39 of the judgment and submitted that the case of VMRF stood on a different footing and the courses offered by VMRF were not in any way found to be on the wrong side.

[M.A. Nos.1874-1875/2017 in C.A. No.17869/2017 (I.A. No.141960 of 2017)]

[M.A. Nos.1876-1877/2017 in C.A. No.17869/2017 (I.A. No.141971/2017]

These applicants after being awarded degrees in Engineering by Deemed 7 to be Universities through distance education mode had completed their post-graduate courses. While adopting submissions of Mr. V. Giri and Ms. Meenakshi Arora, learned Senior Advocates, Mr. R.S. Suri, learned Senior Advocate submitted that some weightage be given to the higher qualifications acquired by candidates.

[M.A. Nos.11-12/2018 in C.A. Nos.17869-17870 of 2017 (I.A. Nos.972/ 2017, 644/2018, 645/2018 and 973/2018]

The applicants had acquired degrees in Mining Engineering through distance education mode and have advanced in their career in NMDC, a Statutory Corporation. Mr. Vikramjit Banerjee, leaned Senior Advocate submitted that their ability was tested by said organization and his clients be exempted from appearing in examination.

[Writ Petition Civil No.1233 of 2017]

These applicants were awarded degrees in Engineering through distance education mode by Deemed to be Universities in question. It is stated that most of the applicants have joined Private, Corporate and Government services and some of them are in Corporate jobs and even in Foreign Countries. Some of them are stated to have obtained M.Tech and further degrees and have advanced in life. Mr. Ranajit Kumar, Mr. P.N. Mishra and Mr. Huzefa Ahmadi, learned Senior Advocates, appearing for the applicants advanced submissions on lines similar to the submissions advanced by Mr. V. Giri, Ms. Arora and Mr. Sibal.

[M.A. No. 38 of 2018 in C.A. No.17907/2017]

The applicant, IASE, Deemed to be University seeks clarification that the judgment applied only to courses leading to degrees in Engineering awarded by Deemed to be Universities through distance education mode and that diploma courses are not covered by the judgment. Mr. M.L. Verma, learned Senior Advocate invited our attention to the advertisement issued by AICTE. His submissions on the issue in question are on lines similar to the submissions advanced by Mr. Dhruv Mehta, learned Senior Advocate.

2. We also heard Mr. Maninder Singh, learned Additional Solicitor General who appeared on behalf of AICTE.

3. It is true, as is evident from paragraphs 34 and 46 of the judgment that the controversy in the present case pertained to validity of degrees in Engineering conferred by the Deemed to be Universities through distance education mode and this Court was not called upon to consider validity of diplomas conferred by such Deemed to be Universities. However the advertisement issued by AICTE covers diploma courses as well. We therefore accept the submissions advanced by Mr. Dhruv Mehta and Mr. M.L. Verma, learned Senior Advocates and clarify that validity of such courses leading to diplomas was not the subject matter of the judgment.

4. At the same time, courses leading to award of degrees, whether graduate or post graduate degrees, was certainly the matter in issue. We therefore reject the submission of Mr. Kapil Sibal, learned Senior Advocate and do not find any infirmity in the understanding of and the advertisement issued by AICTE.

5. Mr. Anupam Lal Das, learned Advocate is right that JRN, AAI and IASE had no expertise in the field or subjects of Engineering and the status of Deemed Universities conferred on them was not because of their excellence in the field of Engineering. As against these three Deemed to be Universities, the case of VMRF stood on a better footing as its field of activity and excellence also included subjects in Engineering. However that was not the only basis of the judgment. The facts still remain that conferral of degrees in Engineering through distance education mode was never approved in principle by AICTE and the Study Centres were never inspected or approved. We therefore reject the submission of Mr. Anupam Lal Das, learned Advocate.

6. If award of degrees in Engineering through distance education mode by Deemed to be Universities, as a concept or principle was not accepted by AICTE, it is immaterial whether the Study Centre in question was ITM International. Said Institution was not by itself authorized to award degrees in Engineering on its own nor was it affiliated to any State or Central University at the relevant time. The courses conducted by said institution led to award of degrees of AAI, which had no expertise or excellence in the field of Engineering and through distance education mode. We therefore reject the submission advanced by Ms. Meenakshi Arora, learned Senior Advocate.

7. We now turn to the general submission advanced by all the learned counsel that the candidates after securing the degrees in Engineering through distance education mode, have advanced in career and that their ability was tested at various levels and as such requirement of passing the examination in terms of the judgment be dispensed with in their case. We cannot make any such exception. The infirmity in their degrees is basic and fundamental and cannot be wished away.

At the same time, we find some force in their submission that if the suspension of their degrees and all advantages were to apply as indicated in the judgment, the concerned candidates may lose their jobs and even if they were to successfully pass the test, restoration of their jobs and present position would pose some difficulty. We, therefore, as a one-time relaxation in favour of those candidates who were enrolled during the academic years 2001-2005 and who, in terms of the judgment, are eligible to appear at the test to be conducted by AICTE, direct:-

a. All such candidates, who wish to appear at the forthcoming test to be conducted by AICTE in May-June 2018 and who exercise option to appear at the test in terms of the judgment, can retain the degrees in 11 question and all the advantages flowing there from till one month after the declaration of the result of such test or till 31.07.2018 whichever is earlier.

b. This facility is given as one-time exception so that those who have the ability and can pass the test in the first attempt itself, should not be put to inconvenience. If the candidates pass in such first attempt, they would be entitled to retain all the advantages. But if they fail or choose not to appear, the directions in the judgment shall apply, in that the degrees and all advantages shall stand suspended and withdrawn. At the cost of repetition, it is made clear that no more such chances or exceptions will be given or made. They will undoubtedly be entitled to appear on the second occasion in terms of the judgment but this exception shall not apply for such second attempt.

c. We direct AICTE to conduct the test in May-June 2018 and declare the result well in time, in terms of our directions in the judgment and this Order. AICTE shall however extend the time to exercise the option to appear at the test suitably.

8. Except for the directions given in the preceding paragraph i.e. paragraph 7 and the clarification as regards courses leading to award of diplomas as mentioned hereinabove, we reject all the other submissions.

9. All applications, petitions and writ petitions stand disposed of in aforesaid terms.

No costs.

(Adarsh Kumar Goel)

(Uday Umesh Lalit)

New Delhi,

22nd January, 2018.

Utkal University LLM Syllabus

January 19, 2018Advocatetanmoy

2018

LLM

Pre-Ph.D

Core Subjects (CS) for 1^st Semester

LLM-CS-01-P-I Law & Social Transformation in India

LLM-CS-02-P-II New Dimensions in Indian Constitution

LLM-CS-03-P-III Judicial Process

LLM-CS-04-P-IV Legal Education System in India

LLM-CS-05-P-V Presentation (PPT) (Internal)

Core Subjects (CS) for 2^nd Semester

CS-06 LLM-CS-06-P-VI Law and Social Engineering in India

CS-07 LLM-CS-07-P-VII Indian Constitutional Law: The New Challenges.

CS-08 LLM-CS-08-P-VIII Administration of Justice and Judicial Process

CS-09 LLM-CS-09-P-IX Research Methodology

CS-010 LLM-CS-10-P-X Dissertation

3^rd and 4^th Semester prescribes Specialization subjects. Currently, the Department Offers Four CORE ELECTIVES as specialization Subjects such as

Core Elective Subjects (CE) for 3^rd Semester

LL.M-CE-01 CONSTITUTION AND LEGAL ORDER (GROUP-1)

LLM-CE-01-CL-P-XI Mass Media law

LLM-CE-01-CL-P-XII Public Utilities law

LLM-CE-01-CL-P-XIII Constitutionalism: Pluralism and Federalism

LLM-CE-01-CL-P-XIV Dissertation

LL.M-CE-02- BUSINESS LAW (GROUP-2)

LLM-CE-02-BL- P-XI Law of Industrial and Intellectual Property-I

LLM-CE-02-BL- P-XII Banking Law

LLM-CE-02-BL- P-XIII Corporate Finance

LLM-CE-02-BL- P-XIV Dissertation

LL.M-CE-03 CRIMINAL LAW (GROUP-3)

LLM-CE-03-CRL- P-XI Comparative Criminal Procedure

LLM-CE-03-CRL- P-XII Penology: Treatment of Offenders

LLM-CE-03-CRL- P-XIII Privileged Class Deviance

LLM-CE-03-CRL- P-XIV Dissertation

LLM-CE-04 FEMINIST CRITIQUE OF LEGAL ORDER (GROUP-4)

LLM-CE-04-FCL- P-XI Feminist Theorizing and Legal Order

LLM-CE-04-FCL- P-XII Patriarchal Elements in Indian Law

LLM-CE-04-FCL- P-XIII Gender Justice Standards at International Law

LLM-CE-04-FCL- P-XIV Dissertation

FREE ELECTIVE (FE) SUBJECT

LLM-FE-01-P-XV Choice based Elective Paper Across others Specialization

ALLIED ELECTIVE (AE) SUBJECTS

LLM-AE-01-P-XVI Monopolies and Competition Law

LLM-AE-02-P-XVI Information Technology and Law

LLM-AE-03-P-XVI Rights of Child and Juvenile Justice

LLM-AE-04-P-XVI Women: Sexual Offences and Legal Remedies

AUDIT COURSE (AC)

LLM-AC-01 Tribal Rights and Law

LLM-AC-02 Local Self Government and Law

Core Elective Subjects (CE) for 4^TH Semester

LL.M-CE-01 CONSTITUTION AND LEGAL ORDER (GROUP-1)

LLM-CE-01-CL- P-XVII Union-state Financial Relations

LLM-CE-01-CL- P-XVIII National Security, Public Order and Rule of Law

LLM-CE-01-CL- P-XIX Constitution and Judicial Mechanism

LLM-CE-01-CL- P-XX Presentation and Viva (Practical)

LL.M-CE-02- BUSINESS LAW (GROUP-2)

LLM-CE-02-BL- P-XVII Law of Industrial and Intellectual Property-II

LLM-CE-02-BL- P-XVIII Law of Export – Import Regulation

LLM-CE-02-BL- P-XIX Insurance Law

LLM-CE-02-BL- P-XX Presentation and Viva (Practical)

LL.M-CE-03 CRIMINAL LAW (GROUP-3)

LLM-CE-03-CRL- P-XVII Drug Addiction, Criminal Justice and Human Rights

LLM-CE-03-CRL- P-XVIII Collective Violence

LLM-CE-03-CRL- P-XIX Victims of Crime and Compensatory Jurisprudence

LLM-CE-03-CRL- P-XX Presentation and Viva (Practical)

LLM-CE-04 FEMINIST CRITIQUE OF LEGAL ORDER (GROUP-4)

LLM-CE-04-FCL- P-XVII Labour, Gender and the Law

LLM-CE-04-FCL- P-XVIII Population Planning and Gender Justice

LLM-CE-04-FCL- P-XIX Law Relating to Matrimony

LLM-CE-04-FCL- P-XX Presentation and Viva (Practical)

FREE ELECTIVE (FE) SUBJECT

LLM-FE-01-P-XXI Choice based Elective Paper Across others Specialization

ALLIED ELECTIVE (AE) SUBJECTS

LLM-AE-05-P-XXII Liability of Public Authority and Law

LLM-AE-06-P-XXII Human Rights and Law

LLM-AE-07-P-XXII Right to Information and Law

LLM-AE-08-P-XXII Family Dispute Resolution system

AUDIT COURSE (AC)

LLM-AC-03 Alternative Dispute Resolution System and Para Legal Training

LLM-AC-04 Disaster Management and Law

The Serampore College Act, 1918 [ West Bengal ]

December 4, 2017Advocatetanmoy

Bengal Act 4 of 1918

[1st May, 1918]

An Act to supplement, and in certain matters to supersede, the Royal Charter of Incorporation and the Statute and Regulation of the Serampore College.

Whereas on the 23^rd day of February, 1827, the institution established in Serampore, Bengal, and known as the Serampore College, was incorporated by Royal Charter granted by his late Danish Majesty King Frederick the Sixth, with the powers and privileges in the said Royal Charter set forth, including the power of conferring upon the students of the said college degrees of rank and honour according to their proficiency in science;

And whereas by Article VI of the Treaty of Purchase, dated the 22^nd February, 1845, transferring Serampore to the British Government, it was provided that the rights and immunities granted to the Serampore College by the said Royal Charter, as translated and contained in Schedule I to this Act, should not be interfered with but should continue in force in the same manner as if they had been obtained by a Charter from the British Government, subject to the general law of British India;

And whereas Statutes and Regulations for the better government of the said college and management of its concerns, as contained in Schedule II to this Act, were, on the 12^th day of June, 1833, made and established under the powers conferred by Article 4 of the said Royal Charter;

And whereas, under the provisions of the said Royal Charter, the Council of the college consists of a Master or President and two or four members elected as provided in the said Statutes and Regulations, and the management of the college and its general order and government is vested in the Master and Council, and the said power of conferring degree of rank and honour is vested in the first Council and their successors for ever;And whereas it is considered that in order to give effect, under the conditions now existing, to the intentions of his late Danish Majesty and of the founders of the said college, that is to say, to promote piety and learning, particularly among the native Christian population of India, the amendment of the constitution of the college, by the enlargement of the college on an interdenominational basis, with power to delegate some of its functions, in manner hereinafter appearing, is required;

And whereas the present Council of the said college consists of the Reverend George Pearce Gould, M.A., D.D., Master and President, George Barclay Leechman, Esq., Sir George Watson Macalpine. LL.D., the Reverend Robert Forman Horton, M.A., D.D., and the Reverend George Howells, M.A., Ph.D., Principal of the college;

And whereas it is deemed expedient by the Governor an Council, with the consent of the said Council of the Serampore College, that a Faculty and Senate be constituted for the said college in manner hereinafter appearing and that suitable standards be imposed in regard to any secular degrees that may hereafter be conferred by the said Council under the terms of the said Royal Charter;

And whereas it is necessary to make provision for the above purposes by subjecting the said Royal Charter, Statutes and Regulations to an Act of the legislature under the general law of British India in accordance with the terms of the aforesaid Treaty;

And whereas the previous sanction of the Governor General in Council has been obtained to the passing of this Act.

It is hereby enacted as follows :-

1. Short title. – This Act may be called the Serampore College Act, 1918.

2. Constitution of the Council. – (1) The Council of the Sarampore College as constituted by the Royal Charter of the 23^rd day of February, 1827, shall be enlarged so as to consist of not less than five nor more than sixteen ordinary members, including the Master, as the Council may from time to time determine. The first Council constituted under this section shall include the present Master and President and the other present members.

(2) At least one-third of the members of the Council shall be members of the Baptist denomination.

(3) The Master shall be the President of the Council.

(4) The Principal of the College, if not an ordinary member, shall be an additional member of the Council ex officio during his term of office as Principal of the college.

(5) Until otherwise determined by by-law made under section 14, three members of the Council shall form quorum.

3. Resignation of Members. – Any members of the Council may at any time resign his office by notice in writing to the Master, provided that no such resignation shall be deemed to take effect so long as the total number of members of the Council shall by reason thereof be less than five.

4. Election of Master. – On any vacancy occurring in the office of Master the remaining members of the Council shall elect another person, whether one of their member or not, to fill his place.

5. The College Faculty. – The Council shall, within one year from the date of the commencement of this Act, constitute and appoint in the manner prescribed in section 6, a body to be known as the college Faculty.

6. Constitution of the College Faculty. – (1) The Faculty shall consist of the Principal (who shall be its President) and such of the professors and other officials and functionaries of the college as may be appointed by the Council in accordance with by-laws made under section 14.

(2) The Council shall from time to time prescribed and declare by order in writing the powers and duties of the Faculty, and may remove any member thereof.

7. Delegation of Council’s power and duties. – The Council may delegate to the Faculty all or any of the powers and duties of the Council and Master, which concern only the internal management of the college and its general order and good government.

8. The Senate of the College. – The Council shall, within one year from the date of the commencement of this Act, constitute and appoint in the manner prescribed in section 9, a body to be known as the Senate of the college.

9. Constitution of the Senate. – The Senate shall consist of the Principal (who shall be Convenor) and not less than twelve and more than eighteen persons as the Council may from time to time determine, to be appointed by the Council:Provided that –

(a) at least one and not more than three representative of each of the following Christian denominations, viz., Anglican, Baptist, Congregational, Lutheran, Methodist, Presbyterian and Syrian, shall, as far as practicable, be members of the Senate;

(b) at least two-thirds of the members shall be persons other than professors, officials or functionaries of the college;

10. Term of office of members of the Senate. – (1) Subject to the provisions of clause 11 of the Statutes and Regulations of the college, which shall be deemed to apply to members of the Senate, each member of the Senate shall hold office for a period of five years, at the expiration of which period he shall retire, but he shall be eligible for re-appointment:Provided that the Principal shall not, during the term of his office as Principal, be subject to retirement, unless he becomes disqualified under the provisions of clause 11 of the Statutes and Regulations.(2) Any member of the Senate may, by notice in writing to the Master, resign his membership at any time.

11. Duties of the Senate. – The Senate shall frame courses of study and make rules for the conduct of examinations, and shall, subject to the control, of the Council, determine the qualifications for degrees and diplomas and do and perform other matters and things necessary or proper for or relating to the determination of the eligibility of candidates for degrees, diplomas and certificates to be conferred by the Council.

12. Power of the Senate to make rules and regulations. – Subject to the provisions of this Act, the Statute shall make rules and regulations for the convening of its meetings and for the proper conduct of its business.

13. Granting of degrees. – If, at any time, the Council shall intend to grant degrees in any branch or branches of knowledge and science other than theology, such degrees shall be confined to students who shall have received regular instruction at the Serampore College; and before the Council proceeds to grant such degrees, it shall satisfy the State Government as to the adequacy-

(1) of the establishment and equipment of the College;

(2) of the academic standard to be maintained; and

(3) of the financial provision made therefor:Provided that the said Government, on ceasing to be so satisfied, may withdraw its approval of the granting of such degrees.

14. Power of the Council to make by-laws. – Subject to the provisions of this Act and of the said Royal Charter, Statutes and Regulations, so far as they are not inconsistent therewith, the Council shall make by-laws providing for and regulating the following matters, namely :-

(a) the convening of meetings of the Council;

(b) the quorum to be required at meetings of the Council and the conduct of business at such meetings;

(d) the duties to be performed by the Faculty under the direction and control of the Council;

(e) the conferring of degrees, diplomas and certificates on the recommendation of the Senate;

(f) the terms and tenure of appointments, duties, emoluments, allowances and superannuation allowances of the Principal, Professors, Fellows, Tutors and other officers of the college and of its servants;

(g) the finances and accounts of the college and the investment of its funds;

(h) the person or persons by whom, and the manner and form in which, contracts by or on behalf of the college may be entered into, varied or discharged, and deeds, agreements, contracts, cheques, and other negotiable instruments and documents may be signed or executed on behalf of the college, and minutes and proceedings of meetings of the Council, Faculty or Senate may be authenticated or evidenced so as to bind the college and be receivable in evidence in accordance with the provisions of the Indian Evidence Act, 1872;

(i) the custody and use of the common seal; and

(j) generally all such other matters as may be required or authorized under this Act and the said Royal Charter, Statutes and Regulations, so far as they are not inconsistent with this Act.

15. Effect of Act. – The provisions of the said Royal Charter and of the Statute’s and Regulations made thereunder, so far as they are contrary to or inconsistent with any of the terms of the Act, shall be deemed to be superseded from the date of the commencement of this Act:Provided that nothing in this Act shall render invalid any acts performed, duties imposed or liabilities incurred prior to the date on which this Act comes into force in accordance with the terms of the said Royal Charter, and of the Statutes and Regulations made thereunder.

Schedule I

[See Preamble and sections 2(1), 14 and 15]

Charter of incorporation of the Serampore College.

We Frederick the Sixth, by the Grace of God King of Denmark, the Vendors and Gothers, Duke of Slesving Holsten, Storman, Ditmarsken, Limessborg and Oldenborg, by these writings make known and publicly declare, that whereas William Clark Marshman, Esq., inhabitants of our town of Frederiksnagore (or Serampore) in Bengal, being desirous of founding a college to promote piety and learning particularly among the native Christian population of India, have to secure this object erected suitable buildings and purchased and collected suitable books, maps, etc., and have humbly besought us to grant unto them and such persons as shall be elected by them and their successors to form the Council of the college in the manner to be hereafter named, out Royal Charter of Incorporation that they may the more effectually carry into execution the purpose above mentioned :-

We being desirous to encourage so laudable an undertaking have of our special grace and free motion ordained, constituted, granted and declared, and by these presents We do for ourselves, our heirs and successors ordain, constitute, grant and declare:

1. That the said William Carey, Joshua Marshman and John dark Marshman, and such other person or persons as shall successively be elected and appointed the Council of the said college, in the manner hereafter mentioned, shall by virtue of these presents be for ever hereafter one body politic and incorporate by the name of the Serampore College for the purposes aforesaid to have perpetual succession and to have a common seal and by the said name to sue and to be sued, to implead and be impleaded, and, to answer and be answered unto in every Court place belonging to use, our heirs and successors.

2. And We do hereby ordain, constitute and declare that the persons hereby incorporated and their successors shall for ever be competent in law to purchase, hold and enjoy for them and their successors any goods and chattels whatsoever and to receive, purchase, hold and enjoy, they and their successors, any lands, tenements or hereditaments whatever and that they shall have full power and authority to sell, exchange or otherwise dispose of any real or personal property to be by them acquired as aforesaid, unless the sale or alienation of such property be specially prohibited by the donor or donors thereof, and to do all things relating to the said college or Corporation in as ample a manner or form as any of our liege subjects, or any other body politic or corporate in our said kingdom or its dependencies may or can do.

3. And We do hereby ordain, grant and declare that the number of Professors, Fellows or Student Tutors and Students shall be indefinite and that the said William Carey, Joshua Marshman and John Clark Marshman shall be the first Council of the said college, and that in the event of its appearing to them necessary during their lifetime, or in the case of the death of any one of the three members of the said first Council, the survivors or survivor shall and may under their respective hands and seals appoint such other person or persons to be members of the Council of the college, and to succeed each other so as to become members of the said Council in the order in which they shall be appointed, to the intent that the Council of the said college shall for ever consist of at least three persons.

4. And We do hereby further ordain, grant and declare, that for the better government of the said college and the better management of its concerns, the said William Carey, Joshua Marshman and John Clark Marshman, the members of the first Council, shall have full power and authority for the space of ten years from the date of these presents, to make and establish such Statutes as shall appear to them useful and necessary for the government of the said College, in which Statutes they shall define the powers to be entrusted to Their successors, to the Professors, the Fellows or Student Tutors and the other officers thereof, and the duties to be performed by these respectively for the management of the estates, lands, revenues and good – and of the business of the said college, and the manner of proposing, electing, admitting and removing all and every one of the Council, the Professors, the Fellows or Tutors, the officers, the students and the servants thereof, and shall make and establish generally all such other Statutes as may appear to them necessary for the future good government and prosperity of the said college, provided that these Statutes be not contrary to the laws Statutes of our realm.

5. And We do hereby further ordain, grant and declare that the Statutes thus made and established by the said three members of the first Council and given or left in writing under their respective hands, shall be valid and in full force at the expiration of ten years from the date of these presents, so that no future Council of the college shall have power to alter, change or vary them in any manner whatever, and that the Statutes shall for ever be considered the constitution of the said college. And We do hereby appoint and declare that these Statutes shall be made and established by the said William Carey, Joshua Marshman and John Clark Marshman alone, so that in case either of them should die before the expiration of ten years, the power of completing or perfecting these Statutes shall devolve wholly on the survivors or survivor; and that in case all three of them should die before the expiration of ten years, the Statutes which they have left in writing under their hands, or under the hand of the last survivor among them, shall be considered “The Fundamental Statutes and Constitution of Serampore College”, incapable of receiving either addition or alteration, and shall and may be registered in our Royal Court of Chancery as “The Statutes and Constitution of Serampore College”.

6. And We do hereby further appoint, grant and declare that from and after the completion of the Statutes of the said college in the above said time of ten years, the said Council of the college shall be deemed to consist of a Master or President and two or four members who may be Professors or otherwise as the Statutes may direct so that the said Council shall not contain less than three, nor more than five persons, as shall be defined in the Statutes. The Council shall ever be elected as the Statutes of the college may direct, yet the said Master or President shall always previously have been a member of the college; and upon the decease of the said Master or President, the Council of the said college shall be unable to do any act or deed until the appointment of a new Master or President, save and except the appointment of such a Master.

7. And We further appoint, grant and declare that the said William Carey, Joshua Marshman and John Clark Marshman, the members of the first Council, and their successors for ever, shall have the power of conferring upon the students of the said college, native Christians as well as others, degrees of rank and honour according to their proficiency in as ample a manner as any other such college, yet the said Serampore College shall only have the power of conferring such degrees on the students that testify their proficiency in science, and no rank or other special right shall be connected therewith in our dominions. And We do hereby further appoint, grant and declare, that after the expiration of the said ten years, the said Council of the college and their successors for ever shall have power to make and establish such orders and by-laws as shall appear to them useful and necessary for the government of the said college, and to alter, suspend or repeal those already made, and from time to time make such new ones in their room as shall appear to them most proper and expedient provided the same be not repugnant to the Statutes of the college or the laws of our realm, and that after the expiration of these ten years any member of the Council shall have power to move the enactment of any new by-law, or the alteration suspension or repeal of any existing one provided notice of such motion shall have been delivered in writing to the Master and read from the Chair at one previous meeting of the Council of the said college, but that no such motion shall be deemed to have passed in the affirmative, until the same shall have been discussed and decided by ballot at another meeting summoned especially for that purpose, a majority of the members then present having voted in the affirmative; and in this as in all other cases, if the votes be equal, the Master or President shall have the casting vote.Given at our Royal Palace in Copenhagen on the twenty-third day of February in the year of our Lord one thousand eight hundred and twenty-seven, in the nineteenth year of our reign.

Under our Royal Hand and Seal.

Frederick R.

Schedule II.

[See Preamble and sections 10(1), 14 and 15.]

Statutes and Regulations of the Serampore College.

June 12^th, 1833.

1. Article the Third of the Charter granted by His Danish Majesty, having authorised the first Council of Serampore College in their life-time to nominate under their hand and seal such other person or persons for colleagues or successors as may to them appear most proper so that the Council shall always consist of at least three persons, their successors in the Council shall be competent in like manner to nominate in their life-time under their separate hand and seal such person or persons as they may deem most proper to fill vacancies then existing or which may occur on their demise ; members thus nominated and chosen shall succeed to the Council in order of their nomination.

2. It being fixed in the Charter that the Council must consist of the Maser or President and at least two, but not more than four members, and that on the demise of the Master no act shall be done until another be elected, the Master and Council for the time being shall appoint the next Master under their separate hand and seal. If on the demise of a Master on one be found thus appointed under the hand and seal of a majority of the Council, the senior member of the Council shall succeed as Master.

3. The Charter having given the casting vote to the Master, in all cases when the vote are equal the casting vote shall lie with the Master, and if there be no Master, it shall lie with the Senior Member of the Council.

4. Learning and piety being peculiar to no denomination of Christians, one member of the Council may at all times be of any other denomination besides the Baptist to preserve the original design of the institution. However if on the election of a Master a number of the Council be equally divided, that part which is entirely of the Baptist denomination shall have the casting vote, whether it includes the Master or not.

5. The management of the college, including its revenues and property, the choice of the Professor and Tutors, the admission of students, the appointment of all functionaries and servants’ and the general order and government of the college, shall ever be vested in the Master and the Council. The Master shall see that the Statutes and Regulations of the Council be duly carried into effect, and take order for the good government of the college in all things. His signature is necessary to the validity of all deeds, instruments, documents and proceedings.

6. “The first Council and their successors for ever” being authorized by the Charter “to confer such degrees of rank and honour as shall encourage learning” in the same manner as other colleges and Universities, they shall from time to time confer degrees in such branches of Knowledge and Science as may be studied there, in the same manner as the Universities in Denmark, Germany and Great Britain. In doing this the Master and Council shall ad libitum call in the aid of any or all the Professors of Serampore College. All such degrees shall be perfectly free of expense to the person on whom they may be conferred, whether he be in India, Europe or America.

7. No oaths shall be administered in Serampore College either to the Members of the Council, the Professors and Tutors, or the students. In all cases a solemn promise, duly recorded and signed by the party, shall be accepted instead of an oath.

8. Marriage shall be no bar to any office or situation in Serampore College, from that of the Master to that of the lowest student.

9. The salaries of the Professors and Tutors in Serampore College shall be appointed and the means of support for all functionaries, students and servants be regulated by the Council in such manner as shall best promote the objects of the institution.

10. It is intended that neither the Master nor any member of the Council in general shall receive any salary. But any Master who may not previously reside in the college shall have a residence there free of rent for himself and his family. And if the Council shall elect any one in Europe or in America, whom they deem eminent for learning and piety, a member of the Council, with a view to choosing him Master should they on trial deem him worthy, the Council shall be competent to appoint him such salary as they may deem necessary, not exceeding, however, the highest given to a Professor.

11. As the founders of the college deem the belief of Chirst’s Divinity and Atonement essential to vital Christianity, the promotion of which is the grand object of this institution, no one shall be eligible to the college Council or to any Professorship who is known to oppose these doctrines, and should any one of the Professors or any member of the Council unhappily change his views after his election as to oppose these fundamental doctrines of Christianity, on this being clearly and decidedly proved from his teaching or his writings, he shall vacate the office he previously held. But every proceeding of this nature on the part of the College Council shall be published to the Christian world with the proofs on which it may rest, as an appendix to the succeeding report.

12. Members of the Council are eligible from among the Professors of the college, or from among any in India, Europe, or America, whom the College Council may deem suitable in point of learning, piety, and talent.

13. Students are admissible at the discretion of the Council from any body of Christians, whether Protestant, Roman Catholic, the Greek, or the Armenian Church; and for the purpose of study, from the Musalman and Hindu youth, whose habits forbid their living in the college. No caste, colour, or country shall bar any man from admission into Serampore College.

14. Expulsion shall be awarded in cases of open immorality, incorrigible idleness, neglect of the College Statutes and Regulations, or repeated disobdience to the officers of the college.

15. Any person in India, Europe or America shall be at liberty to found any Professorship, or to attach to Serampore College any annual exhibition or prize for the encouragement of learning in the same manner as in Universities of Great Britain, regulating such endowment according to their own will; and it shall be the duty of the College Council to carry such benefactions into effect in strick consonance with the will of the doners as far as shall be consistent with the Statutes of the college.

16. It shall be lawful for the first Council of the college or their successors to make and rescind any by-laws whatever, provided they be not contrary to these Statutes.

17. The Charter having declared that the member of the Professors and Students in Serampore College remains unlimited, they shall be left thus unlimited, the number to be regulated only, by the gracious providence of God and the generosity of the public in India, Europe and America.

The Central Universities Act, 2009

November 13, 2017Advocatetanmoy

Central Universities Act, 2009
1. Short title and commencement.
2. Definitions.
3. Establishment of Universities.
3A. Special provision with respect to the State of Jammu and Kashmir.
4. Effect of establishment of Universities.
5. Objects of University.
6. Powers of University.
7. University open to all castes, creed, race or class.
8. Visitor of University.
9. Officers of University.
10. Chancellor.
11. Vice-Chancellor.
12. Pro-Vice-Chancellor.
13. Deans of Schools.
14. Registrar.
15. Finance Officer.
16. Controller of Examinations.
17. Librarian.
18. Other officers.
19. Authorities of University.
20. The Court.
21. Executive Council.
22. Academic Council.
23. Boards of Studies.
24. Finance Committee.
25. Other authorities of University.
26. Powers to make Statutes.
27. Statutes, how to be made.
28. Power to make Ordinances.
29. Regulations.
30. Annual report.
31. Annual accounts.
32. Returns and information.
33. Conditions of service of employees, etc.
34. Procedure of appeal and arbitration in disciplinary cases against students.
35. Right to appeal.
36. Provident and pension funds.
37. Disputes as to constitution of authorities and bodies.
38. Filling of casual vacancies.
39. Proceedings of authorities or bodies not invalidated by vacancies.
40 . Protection of action taken in good faith.
41. Mode of proof of University record.
42. Power to remove difficulties.
43. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament.
44. Transitional provisions.
45. Amendment of Madhya Pradesh Act 22 of 1973.
46. Amendment of President’s Act 10 of 1973.

NO. 25 OF 2009

[20th March, 2009]An Act to establish and incorporate universities for teaching and research in the various States and to provide for matters connected therewith or incidental thereto.BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:-

1. Short title and commencement. – (1) This Act may be called the Central Universities Act, 2009.(2) It shall be deemed to have come into force on the 15th day of January, 2009.

2. Definitions. – In this Act, and in all Statutes made hereunder, unless the context otherwise requires,-

(a)”Academic Council” means the Academic Council of the University;

(b) “academic staff” means such categories of staff as are designated as academic staff by the Ordinances;

(d) “College” means a college maintained by the University;

(e) “Chancellor”, “Vice-Chancellor” and “Pro-Vice-Chancellor” mean, respectively, the Chancellor, Vice-Chancellor and Pro-Vice-Chancellor of the University;

(f) “Court” means the Court of the University;

(g) “Department” means a Department of Studies and includes a Centre of Studies;

(h) “distance education system” means the system of imparting education through any means of communication, such as broadcasting, telecasting, internet, correspondence courses, seminars, contact programmes or the combination of any two or more such means;

(i) “employee” means any person appointed by the University and includes teachers and other staff of the University;

(j) “Executive Council” means the Executive Council of the University;

(k) “Hall” means a unit of residence or of corporate life for the students of the University, or of a College or an Institution, maintained by the University;

(l) “Institution” means an academic institution, not being a College, maintained by the University;

(m) “Principal” means the Head of a College or an Institution maintained by the University and includes, where there is no Principal, the person for the time being duly appointed to act as Principal, and in the absence of the Principal, or the acting Principal, a Vice-Principal duly appointed as such;

(n) “Regulations” means the Regulations made by any authority of the University under this Act for the time being in force;

(o) “School” means a School of Studies of the University;

(p) “Statutes” and “Ordinances” mean, respectively, the Statutes and the Ordinances of the University for the time being in force;

(q) “teachers of the University” means Professors, Associate Professors, Assistant Professors and such other persons as may be appointed for imparting instruction or conducting research in the University or in any College or Institution maintained by the University and are designated as teachers by the Ordinances; and

(r) “University” means a University established and incorporated as a University under this Act.

3. Establishment of Universities. – (1) The Guru Ghasidas Vishwavidyalaya in the State of Chhattisgarh and Doctor Harisingh Gour Vishwavidyalaya in the State of Madhya Pradesh, established under the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973, and Hemvati Nandan Bahuguna Garhwal University in the State of Uttarakhand, established under the Uttar Pradesh State Universities Act, 1973, shall be established as bodies corporate under this Act by the same names of “Guru Ghasidas Vishwavidyalaya”, “Doctor Harisingh Gour Vishwavidyalaya” and “Hemvati Nandan Bahuguna Garhwal University”, respectively.(2) The headquarters of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University shall be at Bilaspur, Sagar and Srinagar, respectively.(3) The jurisdiction of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, shall extend to the Bilaspur, Raigarh and Surguja districts of the State of Chhattisgarh, the Sagar, Tikamgarh, Chhatarpur, Panna, Chhindwara and Damoh districts of the State of Madhya Pradesh, and the Chamoli, Dehradun, Garhwal, Hardwar, Rudraprayag, Tehri Garhwal and Uttarkashi districts of the State of Uttarakhand, respectively.(4) There shall be established, the Universities in the various States as bodies corporate, by such names and territorial jurisdiction, as specified in the First Schedule to this Act.(5) The headquarters of each of the Universities, referred to in sub-section (4), shall be such as may be specified by the Central Government by notification in the Official Gazette.(6) The first Chancellor, the first Vice-Chancellor and the first members of the Court, the Executive Council and the Academic Council of each University, and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of the University.(7) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name.

[3A. Special provision with respect to the State of Jammu and Kashmir. – (1) The Central University of Jammu and Kashmir established under subsection (4) of section 3 shall be known as the Central University of Kashmir and its territorial jurisdiction shall be limited to the Kashmir Division of the State of Jammu and Kashmir.(2) There shall be established a university, which shall be a body corporate, to be known as the Central University of Jammu having its territorial jurisdiction extending to the Jammu Division of the State of Jammu and Kashmir.(3) All assets and liabilities of the Central University of Jammu and Kashmir in respect of the territory of Jammu Division of the State of Jammu and Kashmir shall stand transferred to be the assets and liabilities of the Central University of Jammu.(4) Anything done or any action taken by the University of Jammu and Kashmir in respect of the territory of Jammu Division of the State of Jammu and Kashmir shall be deemed to have been done or taken by the Central University of Jammu.(5) Any suit or legal proceedings instituted or continued by or against the Central University of Jammu and Kashmir in respect of the territory of Jammu Division of the State of Jammu and Kashmir shall be deemed to have been instituted or continued by or against the Central University of Jammu.]

[3B. Special provision with respect to State of Bihar. – (1) The Central University of Bihar established under sub-section (4) of section 3 shall be known as the Central University of South Bihar, having its territorial jurisdiction extending to the territory in the south of River Ganges in the State of Bihar, as specified in the First Schedule to this Act.(2) There shall be established a University, which shall be a body corporate, to be known as the Mahatma Gandhi Central University, having its territorial jurisdiction extending to the territory in the north of the River Ganges in the State of Bihar, as specified in the First Schedule to this Act.]

4. Effect of establishment of Universities. – On and from the date of commencement of this Act,-

(a) any reference to Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University, in any contract or other instrument shall be deemed as a reference to Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya, and Hemvati Nandan Bahuguna Garhwal University, respectively, established under this Act;

(b) all properties, movable and immovable, of or belonging to Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, shall vest in Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University, as the case may be, established under this Act;

(c) all rights and liabilities of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, shall be transferred to, and be the rights and liabilities of, Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, respectively, established under this Act;

(d) every person employed by Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, immediately before the commencement of this Act shall hold his office or service in Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, respectively, established under this Act by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this Act had not been enacted and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the Statutes:

Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the University in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment, to him by the University, of compensation equivalent to three months’ remuneration in case of permanent employees and one month’s remuneration in the case of other employees:Provided further that every person employed before the commencement of this Act, pending the execution of a contract under section 33, shall be deemed to have been appointed in accordance with the provisions of a contract consistent with the provisions of this Act and the Statutes:Provided also that any reference, by whatever form of words, to the Vice-Chancellor and Pro-Vice-Chancellor of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University, in any law for the time being in force, or in any instrument or other document, shall be construed as a reference to the Vice-Chancellor and the Pro-Vice-Chancellor of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University, as the case may be, established under this Act;

(e) the Vice-Chancellors of Guru Ghasidas Vishwavidyalaya and Doctor Harisingh Gour Vishwavidyalaya, appointed under the provisions of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973, and the Vice-Chancellor of Hemvati Nandan Bahuguna Garhwal University, appointed under the provisions of the Uttar Pradesh State Universities Act, 1973, shall be deemed to have been appointed as the Vice-Chancellors under this Act, and shall hold office for a period of three months or till such time the first Vice-Chancellor is appointed under section 44 of the Act, whichever is earlier; and

(f) all Colleges, Institutions, Schools or Faculties, and Departments affiliated to, or admitted to the privileges of, or maintained by, Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University shall stand affiliated to, or admitted to the privileges of, or maintained by, Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, respectively, established under this Act.

5. Objects of University. – The objects of the University shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit; to make special provisions for integrated courses in humanities, social sciences, science and technology in its educational programmes; to take appropriate measures for promoting innovations in teaching-learning process and inter-disciplinary studies and research; to educate and train manpower for the development of the country; to establish linkages with industries for the promotion of science and technology; and to pay special attention to the improvement of the social and economic conditions and welfare of the people, their intellectual, academic and cultural development.

6. Powers of University

7. University open to all castes, creed, race or class. – The University shall be open to persons of either sex and of whatever caste, creed, race or class, and it shall not be lawful for the University to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the University or to hold any other office therein or to be admitted as a student in the University or to graduate thereat or to enjoy or exercise any privilege thereof:Provided that nothing in this section shall be deemed to prevent the University from making special provisions for the employment or admission of women, persons with disabilities or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes, the Scheduled Tribes and the other socially and educationally backward classes of citizens:

8. Visitor of University. – (1) The President of India shall be the Visitor of the University.(2) The Visitor may, from time to time, appoint one or more persons to review the work and progress of the University, including Colleges and Institutions maintained by it, and to submit a report thereon; and upon receipt of that report, the Visitor may, after obtaining the views of the Executive Council thereon through the Vice-Chancellor, take such action and issue such directions, as he considers necessary, in respect of any of the matters dealt with in the report and the University shall abide by such action and be bound to comply with such directions.(3) The Visitor shall have the right to cause an inspection to be made by such person or persons, as he may direct, of the University, its buildings, libraries, laboratories and equipment, and of any College or Institution maintained by the University; and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University, Colleges or Institutions.(4) The Visitor shall, in every matter referred to in sub-section (3), give notice of his intention to cause an inspection or inquiry to be made, to the University, and the University shall have the right to make such representations to the Visitor, as it may consider necessary.(5) After considering the representations, if any, made by the University, the Visitor may cause to be made such inspection or inquiry as is referred to in sub-section (3).(6) Where any inspection or inquiry has been caused to be made by the Visitor, the University shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry.(7) The Visitor may, if the inspection or inquiry is made in respect of the University or any College or Institution maintained by it, address the Vice-Chancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the Visitor may be pleased to offer, and on receipt of address made by the Visitor, the Vice-Chancellor shall communicate, to the Executive Council, the views of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon.(8) The Executive Council shall communicate through the Vice-Chancellor to the Visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry.(9) Where, the Executive Council does not, within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Executive Council, issue such directions, as he may think fit, and the Executive Council shall comply with such directions.(10) Without prejudice to the foregoing provisions of this section, the Visitor may, by order in writing, annul any proceeding of the University which is not in conformity with this Act, the Statutes or the Ordinances:Provided that before making any such order, he shall call upon the Registrar 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.(11) The Visitor shall have such other powers as may be prescribed by the Statutes.

9. Officers of University. – The following shall be the officers of the University, namely:-

(1) the Chancellor;

(2) the Vice-Chancellor;

(3) the Pro-Vice-Chancellor;

(4) the Deans of Schools;

(5) the Registrar;

(6) the Finance Officer;

(7) the Controller of Examinations;

(8) the Librarian; and

(9) such other officers as may be declared by the Statutes to be the officers of the University.

10. Chancellor. – (1) The Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.(2) The Chancellor shall, by virtue of his office, be the head of the University and shall, if present, preside at the Convocations of the University held for conferring degrees and meetings of the Court.

11. Vice-Chancellor. – (1) The Vice-Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.(2) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University.(3) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority at its next meeting the action taken by him on such matter:Provided that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the Visitor whose decision thereon shall be final:Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to represent against such action to the Executive Council within three months from the date on which decision on such action is communicated to him and thereupon the Executive Council may confirm, modify or reverse the action taken by the Vice-Chancellor.(4) The Vice-Chancellor, if he is of the opinion that any decision of any authority of the University is beyond the powers of the authority conferred by the provisions of this Act, the Statutes or the Ordinances or that any decision taken is not in the interest of the University, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the Visitor whose decision thereon shall be final.(5) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Ordinances.

12. Pro-Vice-Chancellor. – The Pro-Vice-Chancellor shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.

13. Deans of Schools. – Every Dean of School shall be appointed in such manner, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.

14. Registrar. – (1) The Registrar shall be appointed in such manner, and on such terms and conditions of service, as may be prescribed by the Statutes.(2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.

15. Finance Officer. – The Finance Officer shall be appointed in such manner, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.

16. Controller of Examinations. – The Controller of Examinations shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.

17. Librarian. – The Librarian shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.

18. Other officers. – The manner of appointment and powers and duties of other officers of the University shall be prescribed by the Statutes.

19. Authorities of University. – The following shall be the authorities of the University, namely:-

(1) the Court;

(2) the Executive Council;

(3) the Academic Council;

(4) the Board of Studies;

(5) the Finance Committee; and

(6) such other authorities as may be declared by the Statutes to be the authorities of the University.

20. The Court. – (1) The constitution of the Court and the term of office of its members shall be prescribed by the Statutes:Provided that such number of members, as may be prescribed by the Statutes, shall be elected from among the teachers, employees and students of the University.(2) Subject to the provisions of this Act, the Court shall have the following powers and functions, namely:-

(a) to review, from time to time, the broad policies and programmes of the University, and to suggest measures for the improvement and development of the University;

(b) to consider and pass resolutions on the annual report and the annual accounts of the University and the audit report on such accounts;

(d) to perform such other functions as may be prescribed by the Statutes.

21. Executive Council. – (1) The Executive Council shall be the principal executive body of the University.(2) The constitution of the Executive Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes:Provided that such number of members as may be prescribed by the Statutes shall be from among the elected members of the Court.

22. Academic Council. (1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and the Ordinances, co-ordinate and exercise general supervision over the academic policies of the University.(2) The constitution of the Academic Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes:Provided that such number of members as may be prescribed by the Statutes shall be from among the elected members of the Court.

23. Boards of Studies. The constitution, powers and functions of the Boards of Studies shall be prescribed by the Statutes.

24. Finance Committee. – The constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes.

25. Other authorities of University. – The constitution, powers and functions of other authorities, as may be declared by the Statutes to be the authorities of the University, shall be prescribed by the Statutes.

26. Powers to make Statutes. – Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:-

(a) the constitution, powers and functions of authorities and other bodies of the University, as may be constituted from time to time;

(b) the appointment and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide;

(d) the appointment of teachers, academic staff and other employees of the University, their emoluments and conditions of service;

(e) the appointment of teachers and academic staff working in any other University or organisation for a specific period for undertaking a joint project;

(f) the conditions of service of employees including provisions for pension, insurance, provident fund, the manner of termination of service and disciplinary action;

(g) the principles governing the seniority of service of the employees of the University;

(h) the procedure for arbitration in cases of dispute between employees or students and the University;

(i) the procedure for appeal to the Executive Council by any employee or student against the action of any officer or authority of the University;

(j) the conferment of autonomous status on a College or an Institution or a Department;

(k) the establishment and abolition of Schools, Departments, Centres, Halls, Colleges and Institutions;

(l) the conferment of honorary degrees;

(m) the withdrawal of degrees, diplomas, certificates and other academic distinctions;

(n) the management of Colleges and Institutions established by the University;

(o) the delegation of powers vested in the authorities or officers of the University;

(p) the maintenance of discipline among the employees and students; and

(q) all other matters which by this Act are to be, or may be, provided for by the Statutes.

27. Statutes, how to be made. – (1) The first Statutes are those set out in the Second Schedule to this Act.(2) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1):Provided that the Executive Council shall not make, amend or repeal any Statutes affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Council.(3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the assent of the Visitor who may assent thereto or withhold assent or remit to the Executive Council for re-consideration.(4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor.(5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may make new or additional Statutes or amend or repeal the Statutes referred to in sub-section (1) during the period of three years immediately after the commencement of this Act:Provided that the Visitor may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed Statutes as he may consider necessary and such detailed Statutes shall be laid before both Houses of Parliament.(6) Notwithstanding anything contained in this section, the Visitor may direct the University to make provisions in the Statutes in respect of any matter specified by him and if the Executive Council is unable to implement such direction within sixty days of its receipt, the Visitor may, after considering the reasons, if any, communicated by the Executive Council for its inability to comply with such direction, make or amend the Statutes suitably.

28. Power to make Ordinances. – (1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:-

(a) the admission of students to the University and their enrolment as such;

(b) the courses of study to be laid down for all degrees, diplomas and certificates of the University;

(d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same;

(e) the fees to be charged for courses of study in the University and for admission to examinations, degrees and diplomas of the University;

(f) the conditions for award of fellowships, scholarships, studentships, medals and prizes;

(g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators;

(h) the conditions of residence of the students of the University;

(i) the special arrangements, if any, which may be made for the residence and teaching of women students and the prescribing of special courses of studies for them;

(j) the establishment of Centres of Studies, Boards of Studies, Specialised Laboratories and other Committees;

(k) the manner of co-operation and collaboration with other Universities, institutions and other agencies including learned bodies or associations;

(l) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;

(m) the institution of fellowships, scholarships, studentships, medals and prizes;

(n) the setting up of a machinery for redressal of grievances of employees and students; and

(o) all other matters which by this Act, or, the Statutes, are to be, or, may be, provided for by the Ordinances.

(2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Executive Council and the Ordinances so made may also be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes:Provided that in the case of Guru Ghasidas Vishwavidyalaya and Doctor Harisingh Gour Vishwavidyalaya, and Hemvati Nandan Bahuguna Garhwal University, till such time as the first Ordinances are not so made, in respect of the matters that are to be provided for by the Ordinances under this Act and the Statutes, the relevant provisions of the Statutes and the Ordinances made immediately before the commencement of this Act under the provisions of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973, and the Uttar Pradesh State Universities Act, 1973, respectively, shall be applicable in so far as they are not inconsistent with the provisions of this Act and the Statutes.

29. Regulations. – The authorities of the University may make Regulations, consistent with this Act, the Statutes and the Ordinances, for the conduct of their own business and that of the Committees, if any, appointed by them and not provided for by this Act, the Statutes or the Ordinances, in the manner prescribed by the Statutes.

30. Annual report. – (1) The annual report of the University shall be prepared under the direction of the Executive Council, which shall include, among other matters, the steps taken by the University towards the fulfilment of its objects and shall be submitted to the Court on or before such date as may be prescribed by the Statutes and the Court shall consider the report in its annual meeting.(2) The Court shall submit the annual report to the Visitor along with its comments, if any.(3) A copy of the annual report, as prepared under sub-section (1), shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament.

31. Annual accounts. – (1) The annual accounts and balance-sheet of the University shall be prepared under the direction of the Executive Council and shall, once at least every year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India or by such persons as he may authorise in this behalf.(2) A copy of the annual accounts together with the audit report thereon shall be submitted to the Court and the Visitor along with the observations of the Executive Council.(3) Any observations made by the Visitor on the annual accounts shall be brought to the notice of the Court and the observations of the Court, if any, shall, after being considered by the Executive Council, be submitted to the Visitor.(4) A copy of the annual accounts together with the audit report, as submitted to the Visitor, shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament.(5) The audited annual accounts after having been laid before both Houses of Parliament shall be published in the Gazette of India.

32. Returns and information. – The University shall furnish to the Central Government such returns or other information with respect to its property or activities as the Central Government may, from time to time, require, within such period as may be specified by the Central Government.

33. Conditions of service of employees, etc. – (1) Every employee of the University shall be appointed under a written contract, which shall be lodged with the University and a copy of which shall be furnished to the employee concerned.(2) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the employee concerned and an umpire appointed by the Visitor.(3) The decision of the Tribunal shall be final and no suit shall lie in any civil court in respect of the matters decided by the Tribunal:Provided that nothing in this sub-section shall preclude the employee from availing of the judicial remedies available under articles 32 and 226 of the Constitution.(4) Every request made by the employee under sub-section (2) shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration and Conciliation Act, 1996.(5) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes.

34. Procedure of appeal and arbitration in disciplinary cases against students. – (1) Any student or candidate for an examination whose name has been removed from the rolls of the University by the orders or resolution of the Vice-Chancellor, Discipline Committee or Examination Committee, as the case may be, and who has been debarred from appearing at the examinations of the University for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the Executive Council and the Executive Council may confirm, modify or reverse the decision of the Vice-Chancellor or the Committee, as the case may be.(2) Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-sections (2), (3), (4) and (5) of section 33 shall, as far as may be, apply to a reference made under this sub-section.

35. Right to appeal. – Every employee or student of the University or of a College or Institution maintained by the University shall, notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed by the Statutes, to the Executive Council against the decision of any officer or authority of the University, or, the Principal or the management of any College or an Institution, as the case may be, and thereupon the Executive Council may confirm, modify or reverse the decision appealed against.

36. Provident and pension funds. – (1) The University shall constitute for the benefit of its employees such provident or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes.(2) Where such provident fund or pension fund has been so constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925, shall apply to such fund, as if it were a Government provident fund.

37. Disputes as to constitution of authorities and bodies. – If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Visitor whose decision thereon shall be final.

38. Filling of casual vacancies. – All casual vacancies among the members (other than ex officio members) of any authority or other body of the University shall be filled, as soon as may be, by the person or body who appoints, elects or co-opts the member whose place has become vacant and the person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

39. Proceedings of authorities or bodies not invalidated by vacancies. – No act or proceedings of any authority or other body of the University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.

40 . Protection of action taken in good faith. – No suit or other legal proceedings shall lie against any officer or other employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or the Ordinances.

41. Mode of proof of University record.

42. Power to remove difficulties. – (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, notinconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.(2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

43. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament. – (1) Every Statute, Ordinances or Regulation made under this Act shall be published in the Official Gazette.(2) Every Statute, Ordinances or Regulation made under this Act, shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute, Ordinances or Regulation or both Houses agree that the Statute, Ordinances or Regulation should not be made, the Statute, Ordinances or Regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Statute, Ordinances or Regulation.(3) The power to make Statutes, Ordinances or Regulations shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this Act, to the Statutes, Ordinances or Regulations or any of them but no retrospective effect shall be given to any Statutes, Ordinances or Regulations so as to prejudicially affect the interests of any person to whom such Statutes, Ordinances or Regulations may be applicable.

44. Transitional provisions. – Notwithstanding anything contained in this Act and the Statutes,-

(a) the first Chancellor and the first Vice-Chancellor shall be appointed by the Visitor in such manner and on such conditions as may be deemed fit and each of the said officers shall hold office for such term, not exceeding five years, as may be specified by the Visitor;

(b) the first Registrar and the first Finance Officer shall be appointed by the Visitor and each of the said officers shall hold office for a term of three years;

(c) the first Court and the first Executive Council shall consist of not more than thirty-one members and eleven members, respectively, who shall be nominated by the Central Government and shall hold office for a term of three years; and

(d) the first Academic Council shall consist of not more than twenty-one members, who shall be nominated by the Central Government and shall hold office for a term of three years:

Provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment by the Visitor or nomination by the Central Government, as the case may be, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred.

45. Amendment of Madhya Pradesh Act 22 of 1973. – (1) In the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973, in the Second Schedule, the entries relating to Guru Ghasidas Vishwavidyalaya and Doctor Harisingh Gour Vishwavidyalaya shall be omitted.(2) Notwithstanding such omission,-

(a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done under the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973, shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this Act and, except as otherwise provided by this Act or the Statutes, continue in force unless and until they are superseded by any order made under this Act or the Statutes; and

(b) all proceedings of Selection Committees for the appointment or promotion of teachers that took place before the commencement of this Act and all actions of the Executive Council in respect of the recommendations of such Selection Committees where no orders of appointment on the basis thereof were passed before the commencement of this Act shall, notwithstanding that the procedure for selection has been modified by this Act, be deemed to have been valid but further proceeding in connection with such pending selections shall be taken in accordance with the provisions of this Act and be continued from the stage where they stood immediately before such commencement, except if the concerned authorities take, with the approval of the Visitor, a decision to the contrary.

46. Amendment of President’s Act 10 of 1973. – (1) In the Uttar Pradesh State Universities Act, 1973,-

(a) in sub-section (1) of section 4, the words, figures and brackets “and a University of Garhwal which shall from April 25, 1989 be called the Hemvati Nandan Bahuguna Garhwal University at Srinagar (District Garhwal)” shall be omitted;

(b) in clause (d) of sub-section (1) of section 20, the words “the Hemvati Nandan Bahuguna Garhwal University” shall be omitted;

(c) in sub-section (2) of section 52, for the words “the Universities of Kumaun and Garhwal” the words “the University of Kumaun” shall be substituted;

(d) section 72B shall be omitted;

(e) in the Schedule, Serial No. 8 and the entries relating thereto shall be omitted.

(2) Notwithstanding the omission and substitution referred to in sub-section (1),-

(a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done under the Uttar Pradesh State Universities Act, 1973, shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this Act and, except as otherwise provided by this Act or the Statutes, continue in force unless and until they are superseded by any order made under this Act or the Statutes; and

47. Repeal and savings. – (1) The Central Universities Ordinance, 2009 is hereby repealed.(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act, and-

(a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done under the Central Universities Ordinance, 2009, shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this Act and, except as otherwise provided by, or under this Act or the Statutes, continue in force unless and until they are superseded by any order made under this Act or the Statutes; and

THE FIRST SCHEDULE

[See Section 3(4)]

Serial No.	Name of the State	Name of the University	Territorial jurisdiction
[1	Bihar	Central University of South Bihar	Territory in the South of the River Ganges in the State of Bihar
1A	Bihar	Mahatma Gandhi Central University	Territory in the north of the River Ganges in the State of Bihar]
2	Gujarat	Central University of Gujarat	Whole of the State of Gujarat
3	Haryana	Central University of Haryana	Whole of the State of Haryana
4	Himachal Pradesh	Central University of Himachal Pradesh	Whole of the State of Himachal Pradesh
[5	Jammu and Kashmir	Central University of Kashmir	Kashmir Division of the State of Jammu and Kashmir
5A	Jammu and Kashmir	Central University of Jammu	Jammu Division of the State of Jammu and Kashmir]
6	Jharkhand	Central University of Jharkhand	Whole of the State of Jharkhand
7	Karnataka	Central University of Karnataka	Whole of the State of Karnataka
8	Kerala	Central University of Kerala	Whole of the State of Kerala
9	Orissa	Central University of Orissa	Whole of the State of Orissa
10	Punjab	Central University of Punjab	Whole of the State of Punjab
11	Rajasthan	Central University of Rajasthan	Whole of the State of Rajasthan
12	Tamil Nadu	Central University of Tamil Nadu	Whole of the State of Tamil Nadu

THE SECOND SCHEDULE

(See section 27)

The Statutes of the University

(1) Chancellor.– The Chancellor shall be appointed by the Visitor from a panel of not less than three persons recommended by the Executive Council from amongst persons of eminence in the academic or public life of the country:

Provided that if the Visitor does not approve of any of the persons so recommended, he may call for fresh recommendations from the Executive Council.

2) The Chancellor shall hold office for a term of five years and shall not be eligible for re-appointment:

Provided that notwithstanding the expiry of his term of office, the Chancellor shall continue to hold office until his successor enters upon his office.

(1) Vice-Chancellor.– The Vice-Chancellor shall be appointed by the Visitor from out of a panel recommended by a Committee as constituted under clause (2): Provided that if the Visitor does not approve any of the persons included in the panel, he may call for an extended fresh panel. (2) The Committee referred to in clause (1) shall consist of five persons, out of whom three shall be nominated by the Executive Council and two by the Visitor, and one of the nominees of the Visitor shall be the convener of the Committee:

Provided that none of the members of the Committee shall be an employee of the University or a College or an Institution maintained by the University or a member of any authority of the University.

(3) The Vice –Chancellor shall be a whole-time salaried officer of the University.

(4) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of seventy year, whichever is earlier, and he shall not be eligible for re-appointment and enters upon his office:

Provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor in appointed and enters upon his office:

Provided further that the Visitor may direct any Vice-Chancellor after his term has expired to continue in office for such period, not exceeding a total period of one year, as may be specified by him.

(5)Notwithstanding anything contained in clause(4), the Visitor may, at any time after the Vice-Chancellor has entered upon his office, by order in writing, v remove the Vice-Chancellor from office on grounds of incapacity, misconduct or violation of statutory provisions;

Provided that no such order shall be made by the Visitor unless the Vice-Chancellor has been given a reasonable opportunity of showing cause against the action proposed to be taken against him: Provided further that the Visitor shall consult the Chancellor also before making such order:

Provided also that the Visitor may, at any time before making such order, place the Vice-Chancellor under suspension, pending enquiry.

(6)The emoluments and other conditions of service of the Vice-Chancellor shall be as follows:-

(i) The Vice-Chancellor shall be paid a monthly salary and allowances, other than house rent allowance, at the rates fixed by the Central Government from time to time and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the Vice-Chancellor in respect of the maintenance of such residence.

(ii) The Vice-Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Central Government from time to time: Provided that where an employee of the University, or a College or an Institution maintained by the University, or of any other University or any College or Institution maintained by or admitted to the privileges of, such other University is appointed as the Vice-Chancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the University shall contribute to the account of such person in that provident fund at the same rate at which the person had been contributing immediately before his appointment as the Vice-Chancellor:

Provided further that where such employee had been a member of any pension scheme, the University shall make the necessary contribution to such scheme.

(iii) The Vice-Chancellor shall be entitled to travelling allowance at such rates as may be fixed by the Executive Council.

(iv) The Vice-Chancellor shall be entitled to leave on full pay at the rate of thirty days in a calendar year and the leave shall be credited to his account in advance in two half-yearly instalments of fifteen days each on the first day of January and July every year:

Provided that if the Vice-Chancellor assumes or relinquishes charge of the office of the Vice-Chancellor during the currency of a half year, the leave shall be credited proportionately at the rate of two and-a-half days for each completed month of service.

(v) In addition to the leave referred to in sub-clause (iv), the Vice-Chancellor shall also be entitled to half-pay leave at the rate of twenty days for each completed year of service, and half-pay leave may also be availed of as commuted leave on full pay on medical certificate:

Provided that when such commuted leave is availed of, twice the amount of half-pay leave shall be debited against half-pay leave due.

(7) If the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise, or if he is unable to perform his duties due to ill-health or any other cause, the Pro-Vice-Chancellor resumes the duties of his office, as the case may be.

(1) Powers and Duties of Vice-Chancellor.– The Vice-Chancellor shall be ex officio Chairman of the Executive Council, the Academic council and the Finance Committee and shall, in the absence of the Chancellor, preside at the Convocations held for conferring degrees and at meetings of the Court.

(2) The Vice-Chancellor shall be entitled to be present at, and address, any meeting of any authority or other body of the University, but shall not be entitled to vote thereat unless he is a member of such authority or body.

(3) It shall be the duty of the Vice-Chancellor to see that this Act, the Statutes, the Ordinances and the Regulations are duly observed and he shall have all the powers necessary to ensure such observance.

(4) The Vice-Chancellor shall have all the powe3rs necessary for the proper maintenance of discipline in the University and he may delegate any such powers to such person or persons as he deems fit.

(5) The Vice-Chancellor shall have the power to convene or cause to be convened the meetings of the Executive Council, the Academic Council and the Finance Committee.

(1) Pro-Vice-Chancellor– The Pro-Vice-Chancellor shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor:

Provided that where the recommendation of the Vice-Chancellor is not accepted by the Executive Council, the matter shall be referred to the Visitor who may either appoint the person recommended by the Vice-Chancellor or ask the Vice-Chancellor to recommend another person to the Executive Council:

Provided further that the Executive Council may, on the recommendation of the Vice-Chancellor, appoint a Professor to discharge the duties of the Pro-Vice-Chancellor in addition to his own duties as a professor.

(2) The term of office of the Pro-Vice-Chancellor shall be such as may be decided by the Executive Council but it shall to in any case exceed five years or until the expiration of the term of office of the Vice-Chancellor, or whichever is earlier:

Provided that the Pro-Vice-Chancellor whose term of office has expired shall be eligible for re-appointment:

Provided further that, in any case, the Pro-Vice-Chancellor shall retire on attaining the age of seventy years:

Provided also that the Pro-Vice-Chancellor shall, while discharging the duties of the Vice-Chancellor under clause(7) of Statute2, continue in office, notwithstanding the expiration of his term of office as Pro-Vice-Chancellor, until the Vice-Chancellor resumes office or a new Vice-Chancellor assumes office, as the case may be.

(3) The emoluments and other terms and conditions of service of the Pro-Vice-Chancellor shall be such as may be prescribed by the Ordinances.

(4) The Pro-Vice-Chancellor shall assist the Vice –Chancellor in respect of such matters as may be specified by the Vice-Chancellor in this behalf, from time to time, and shall also exercise such powers and perform such duties as may be assigned or delegated to him by the Vice-Chancellor.

(1) Deans of Schools.– Every Dean of School shall be appointed by the Vice-Chancellor from amongst the Professors in the School by rotation in order of seniority for a period of three years:

Provided that in case there is only one Professor or no Professor in a School, the Dean shall be appointed, for the time being, from amongst the Professor, if any and the Associate Professors in the School by rotation in the order of seniority:

Provided further that a Dean on attaining the age of sixty-five years shall cease to hold office as such.

(2) When the office of the Dean is Vacant or when the Dean is, by reason of illness, absence or any other cause, unable to perform duties of his office, the duties of the office shall be performed by the senior-most Professor or Associate Professor, as the case may be, in the School.

(3) The Dean shall be the Head of the School and shall be responsible for the conduct and maintenance of the standards of teaching and research in the School and shall have such other functions as may be prescribed by the Ordinances.

(4) The Dean shall have the right to be present and to speak at any meeting of the Boards of Studies or Committees of the School, as the case may be, but shall not have the right to vote thereat unless he is a member thereof.

(1) Registrar.– The Registrar shall be appointed by the Executive Council on the recommendation of a Selection “Committee constituted for the purpose and shall be whole-time salaried officer of University.

(2) He shall be appointed for a term of five years and shall be eligible for reappointment.

(3) The emoluments and other terms and conditions of service of the Registrar shall be such as may be prescribed by the Executive Council from time to time:

Provided that the Registrar shall retire on attaining the age of sixty-two-years.

(4) When the office of the Registrar is vacant or when the Registrar is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

(5) (a) The Registrar shall have power to take disciplinary action against such of the employees, excluding teachers and other academic staff, as may be specified in the order of the Executive Council and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or the withholding of increment:

Provided that no such penalty shall be imposed unless the person has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

(b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified in sub-clause(a).

(c) In a case where the inquiry discloses that a punishment beyond the power of the Registrar is called for the Registrar shall, upon the conclusion of the inquiry, make a report to the Vice-Chancellor along with his recommendation:

Provided that an appeal shall lie to the Executive Council against an order of the Vice-Chancellor imposing any penalty.

(6) The Registrar shall be ex officio Secretary of the Executive Council and the Academic, but shall not be deemed to be member of either of these authorities and he shall be ex officio Member-secretary of the Court.

(7) It shall be the duty of the Registrar –

(a) to be the custodian of the records, the common seal and such other property of the University as the Executive Council shall commit to his charge;

(b) to issue all notices convening meetings of the Court, the Executives Council, the Academic Council and of any Committees appointed by those authorities;

(c) to keep the minutes of all the meetings of the Court, the Executive Council, the Academic Council and of any Committees appointed by those authorities;

(d) to conduct the official correspondence of the Court, the Executive Council and the Academic Council;

(e) to supply to Visitor, Copies of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of such meetings;

(f) to represent the University in suits or proceedings by or against the University, sign powers of attorney and verify pleadings or depute his representative for the purpose; and

(g) to perform such other duties as may be specified in the statutes, the Ordinances or Regulations or as may be required from time to time by the Executive Council or Vice-Chancellor.

(1) Finance officer– The Finance Officer shall be appointed by the Executive Council on the recommendations of Selection Committee constituted for the purpose and be shall be a whole-time salaried officer of the University.

(2) The Finance Officer shall be appointed for a term of five years and shall be eligible for re-appointment.

(3) The emoluments and other terms and conditions of service of the finances Officer shall be such as may be prescribed by the Executive Council form time to time:

Provided that the Finance Officer shall retire on attaining the age of sixty-two-years.

(4) When the office of the Finance Officer is vacant or when the Finance Officer is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

(5) The Finance Officer shall be ex officio Secretary of the Finance Committee, but shall not be deemed to be a member of such Committee.

(6) The Finance Officer shall –

(a) exercise general supervision over the funds of the University and shall advise it as regards its financial policy: and

(b) perform such other financial function as may be assigned to him by the Executive Council or as may be prescribed by the Statutes or the Ordinances.

(7) Subject to the control the Executive Council, the Finance Officer shall—

(a) hold and manage the property and investments of the University including trust and endowed property:

(b) ensure that the limits fixed by the Executive Council for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted;

(c) be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Executive Council;

(d) Keep a constant watch on the state of the cash and bank balances and on the state of investments;

(e) watch the progress of the collection of revenues and advise on the methods of collection employed:

(f) ensure that the registers of buildings, land furniture and equipment are maintained up to date and that stock-checking is conducted, of equipment and other consumable materials in all offices, Departments, Centres and Specialised Laboratories;

(g) bring to the notice of the Vice-Chancellor unauthorised expenditure and other financial irregularities and suggest disciplinary action against persons at fault; and

(h) call for from any office, Department, Centre, Laboratory, College or Institution maintained by the University any information or returns that he may consider necessary for the performance of his duties.

(8) Any receipt given by the Finance Officer or the person or persons duly authorised in this behalf by the Executive Council for any money payable to University shall be sufficient discharge for payment of such money.

(1) Controller of Examination– The Controller of Examinations hall be appointed by the executive Council on the recommendations of a selection Committee constituted for the purpose and he shall be a whole time salaried officer of the University.

(2) The Controller of Examinations shall be appointed for a term of five years and shall be eligible for re-appointment.

(3) The emoluments and other terms and conditions of service of the Controller of Examinations shall be such as may be prescribed by the Executive Council from time to time;

Provided that the Controller of Examinations shall retire on attaining the age the sixty two years.

(4) when the officer of the Controller of Examinations is vacant or when the Controller of Examinations is, by reason of illness, absence or any other cause, unable to perform the duties of his office shall be performed by such person as the Vice-Chancellor may appoint for the purpose,

(5) The Controller of Examinations shall arrange for and superintend the examinations of the University in the manner prescribed by the Ordinances.

(1) The Librarian shall be appointed by the Executive Council on the recommendations of the Selection Committee constituted for the purpose and he shall be a whole-time solarised officer of the University.

(2) The Librarian shall exercise such powers and perform such duties as may be assigned to him by the Executive Council.

(1)an annual meeting of the Court shall be held on a date to be fixed by the Executive Council unless some other date has been fixed by the Court in respect of any year.

(2) At an annual meeting of the Court, a report on the working of the University during the previous year, together with a statement of the receipts and expenditure, the balance sheet as audited, and financial estimates for the next year shall ne presented.

(3) A copy of the statement of receipts and expenditure, the balance –sheet and the financial estimates referred to in clause (2) shall be sent to every member of the Court at least seven days before the date of the annual meting.

(4) Special meetings of the Court may be convened by the Executive Council or the Vice-Chancellor or if there is no Vice-Chancellor, the Pro-Vice-Chancellor or if there is no pro-Vice-Chancellor, by the Registrar.

(5) Eleven members of the Court shall form a quorum for a meeting of the Court.

Quorum for meeting of Executive Council.– Seven members of the Executive Council shall form a quorum for a meeting of the Executive Council.
(1) Powers and functions of Executive Council– The Executive Council shall have the power of management and administration of the revenues and property of the University and the conduct of all administrative affairs of the University not otherwise provided for.

(2) Subject to the provisions of this Act, the Statutes and the Ordinances, the Executives council shall, in addition to all other powers vested in it, have the following powers, namely:-

(i) to create teaching and other academic posts including Chairs, to determine the number and emoluments of such posts and to define the duties and conditions of service of Professors, Associate Professors, Assistant Professors and other academic staff;

Provide that no action shall be taken by the Executive Council in respect of the number and qualifications of teachers and other academic staff otherwise then after consideration of the recommendations of the Academic Council;

(ii) To appoint such Professors, Associate Professors, Assistant Professors and other academic staff including Chairs, an may be necessary, on the recommendation of the selection Committee constituted for the purpose and to fill up temporary vacancies therein:

(iii) to promote inter-facial research by making joint appointments of teaching staff in different Schools, Department and Centres;

(iv) to create administrative, ministerial and other necessary posts and to define their duties and conditions of their service and to make appointments thereto in the manner prescribed by the ordinances;

(v) to grant leave of absence to any officer of the University other then the Chancellor and the Vice-Chancellor, and to make necessary arrangements for the discharge of the functions of such officer during his absence;

(vi) to regulate and enforce discipline among employees in accordance with the Statutes and the Ordinances;

(vii) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the University and for that purpose to appoint such agents as it may taken fit;

(viii)To fix limits on the total recurring and the total non-recurring expenditure for a year on the recommendation of the Finance Committee;

(ix) To invest any money belonging to the University, including any unapplied income, in such stocks, funds, share or securities, from time to time, as it may think fit or in the purchase of immovable property in India, which the like powers of varying such investment from time to time;

(x) To transfer or accept transfers of any movable or immovable property on behalf of the University;

(xi) To provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University ;

(xii) To enter into very, carry out and cancel contracts on behalf of the University ;

(xiii) To entertain, adjudicate upon, and if thought fit, to redress any grievances of the employees and students of the University who may, for any reason, feel aggrieved;

(xiv) To appoint examiners and moderators and, if necessary, to remove them, and to fix their fees, emoluments and travelling and other allowances, after consulting the Academic Council;

(xv) To select a common seal for the University and provide for the use of such seal;

(xvi) To make such special arrangements as may be necessary for the residence of women students;

(xvii) To institute fellowships, scholarships, studentships, medals and prizes;

(xviii) To provide for the appointment of Visiting Professors, Emeritus Professors, Consultants and Scholars and determine the terms and conditions of such appointments;

(xix) To enter into partnership with industry and non-government agencies for the advancement of knowledge and establish a corpus of funds out of the profits of such partnership ; and

(xx) to exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act or this Statutes.

Quorum of meeting of Academic Council.– Nine members of the Academic Council shall from a quorum for a meeting of the Academic Council.
Powers and functions of Academic council.– Subject to the provisions of this Act, the Statutes and the Ordinances, the Academic Council shall, in addition to all other powers vested in it, have the following powers, namely :-
to exercise general supervision over the academic policies of the University and to give directions regarding methods of instruction, co-ordination of teaching among the Colleges and the Institutions, evaluation of research and improvement of academic standards ;
to bring about and promote inter-School co-ordination and to establish or appoint such committees or boards as may deemed necessary for the purpose;
to Consider matters of general academic interest either on its own initiative, or on a reference by a School or the Executive Council, and to take appropriate action thereon ; and to take appropriate action thereon; and
to frame such Regulations and rules consistent with the Statures and the Ordinances regarding the academic functioning of the University, discipline, residence, admissions, award of fellowships and studentships, fees, concessions, corporate life and attendance.
(1) School of Studies and Departments.– The University shall have such Schools of Studies as may be specified in the Statutes.

(2) Every School shall have a School Board and the members of the first School Board shall be nominated by the Executive Council for a period of three years.

(3) The composition, powers and functions of a School Board shall be prescribed by the Ordinances.

(4) the conduct of the meetings of a School Board and the quorum required for such meetings shall be prescribed by the Ordinances.

(5) (a) Every School shall consist of such Departments as may be assigned to it by the Ordinances :

Provided that the Executive Council may, on the recommendation of the Academic Council, establish Centers of Studied to which may be assigned such teachers of the University as the Executive Council may consider necessary.

(b) Each Department shall consist of the following members, namely :-

teachers of the Department;
persons conducting research in the Deportment;

III. Dean of the School;

Honorary Professors, if any, attached to the Department ; and
such other persons as may be members of the Department in accordance with the provisions of the Ordinances .
(1) Board of Studies.– Each Deportment Shall have a Board of Studies.

(2) The constitution of the Board of Studies and the term of office of its members shall be prescribed by the Ordinances.

(3) Subject to the overall control and supervision of the Academic Council, the functions of a Board of Studies shall be to approve subjects for research for various degrees and other requirements of research degrees and to recommend to the concerned School Board in the manner prescribed by the Ordinances—

(a) Courses of studies and appointment of examiners for courses, but excluding research degrees;

(b) appointment of supervisors for research; and

Provided that the above functions of a Board of Studies shall, during the period of three years immediately after the commencement of this Act, be performed by the Department.

(1) Finance Committee.– The Finance Committee shall consist of the following members, namely:—-

(i) the Vice-Chancellor ;

(ii) the Pro-Vice-Chancellor;

(iii) one person to be nominated by the Court;

(iv) there persons to be nominated by the Executive Council, out of whom at least one shall be a member of the Executive Council; and

(v) three persons to be nominated by the Visitor .

(2) Five members of the Finance Committee shall form a quorum for a meeting of the Finance Committee.

(3) All the members of the Finance Committee, other than ex officio members, shall hold office for a term of three years.

(4) A member of the Finance Committee shall have the right to record a minute of dissent if he does not agree with any decision of the Finance Committee.

(5) The Finance Committee shall meet at least thrice every year to examine the accounts and to scrutinise proposals for expenditure

(6) All proposals relating to creation of posts, and those items which have not been included in the budget, shall be examined by the Finance Committee before they are considered by the Executive Council.

(7) The annual account and the financial estimates of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Executive Council for approval .

(8) The Finance Committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the University (which, in the case of productive works, may include the proceeds of loans).

(1) Selection Committees.– There shall be Selection Committees for making recommendations to the Executive Council for appointment to the post of professor, Associate Professor, Assistant Professor, Registrar, Finance Officer, Controller of Examinations, Librarian and Principals of College and Institutions maintained by the University.

(2)The Selection Committee for appointment to the posts specified in Column 1 of the Table below shall consist of the ice-Chancellor, a nominee of the Visitor and the persons specified in the corresponding entry in Column 2 of the said Table:

1	2
Professor
	(i) The Dean of the School.
	(ii) The Head of the Department, if he is a Professor.
	(iii) Three persons not in the service of the University, nominated by the Executive Council, out of a panel of names recommended by the Academic Council for their special Knowledge of , or interest in , the subject with which the Professor will be concerned.
Associate Professor/Assistant Professor
	(i) The head of the Department
	(ii) One Professor nominated by the Vice-Chancellor.
	(iii) Two persons not in the service of the University, nominated by the Executive Council, out of a panel of names recommended by the Academic Council for their special Knowledge of , or interest in , the subject with which the Associate Professor or Assistant Professor will be concerned.
Registrar/Finance Officer/Controller of Examination
	(i) Two members of the Executive Council nominated by it.
	(ii) One person not in the service of the University nominated by the Executive Council.
Librarian
	(i) One person not in the service of the University who have special knowledge of the subject of the Library Science or Library Administration nominated by the Executive Council.
	(ii) One person not in the service of the University nominated by the Executive Council.
Principal of College or Institution maintained by The University
	Three person not in the service of the University of whom two shall be nominated by the Executive Council and one by the Academic Council for their special Knowledge of , or interest in ,a subject in which instruction is being provide by the College or Institution.

Note 1. – Where the appointment is being made for an inter-disciplinary project, the head of the project shall be a Professor head of the project shall be deemed to be the Head of the Department concerned .

Note 2. – The Professor to be nominated by the Vice-Chancellor shall be a Professor concerned with the specialty for which the selection is being made and the Vice –Chancellor shall consult the Head of the Department and the Dean of the School before nominating the Professor.

(3) The Vice-Chancellor, or in his absence the Pro-Vice-Chancellor, shall convene and preside at the meeting of the Selection Committee:

Provided that the meeting of the Selection Committee shall be fixed after prior consultation with, and subject to the convenience of Visitor’s nominee and the experts nominated by the Executive Council :

Provided further that the proceedings of the Selection Committee shall not be valid unless, –

(a) Where the number of Visitor’s nominee and the persons nominated by the Executive Council is four in all, at least three of them attend the meeting; and

(b) Where the number of Visitor’s nominee and the persons nominated by the Executive Council is three in all, at least two of them attend the meeting.

(4) The procedure to be followed by the Selection Committee shall be laid down in the Ordinances.

(5) If the Executive Council is unable to accept the recommendations made by the Selection Committee, it shall record its reasons and submit the case to the Visitor for final orders.

(6) Appointments to temporary posts shall be made in the manner indicated below :-

(i) If the temporary vacancy is for duration longer then one academic session, it shall be filled on the advice of the Selection Committee in accordance which the procedure indicated in the foregoing clauses; Provided that if the Vice-Chancellor is satisfied that in the interests of work it is necessary to fill the vacancy, the appointment may be made on a purely temporary basis on the advice of a local Selection Committee referred to in Sub-clause(ii) for a period not exceeding six months.

(ii) If the temporary vacancy is for a period less then a year, an appointment to such vacancy shall be made on the recommendation of a local a Selection Committee consisting of the Dean of the School concerned, the Head of the Department and a nominee of the Vice-Chancellor:

Provided that if the same person holds the offices of the Deem and the Head of the Department, to Selection Committee may contain two nominees of the Vice-Chancellor;

Provided further that in the case of sudden casual vacancies of teaching posts caused by death or any other reason, the Dean may, in consultation which the Head of the Department concerned, make a temporary appointment for a month and report to the Vice-Chancellor and the Registrar about such appointment.

(iii) No teacher appointed temporarily shall, if he is not recommended by a regular Selection Committee for appointment under the Statutes, by continued in service on such temporary employment, unless he is subsequently selected by a local Selection Committee or a regular Selection Committee, for a temporary or permanent appointment, as the case may be.

(1) Special mode of appointment.– Notwithstanding anything contained in Statute 18, the Executive Council may invite a person of high academic distinction and professional attainments to accept a post of Professor or Associate Professor or any other equivalent academic post in the University on such terms and conditions as it deems fit and on the person agreeing to do so appoint him to the post :

Provided that the Executive Council may also create supernumerary posts for a specified period for appointment of such persons:

Provided further that the number of supernumerary post so created should not exceed five per cent of the total posts in the University. (2) The Executive Council may appoint a teacher or any other academic staff working in any other University or organistion for undertaking a joint project in accordance with the manner laid down in the Ordinances.

Appointment for fixed tenure.– The Executive Council may appoint a person selected in accordance with the procedure laid down in Statute 18 for a fixed tenure on such terms and conditions as it deems fit
(1) Committees.– An authority of the University may appoint as many standing or special Committees as it may deem fit, and may appoint to such Committees persons who are not members of such authority.

(2) A Committee appointed under clause (1) may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing it.

(1) Terms and conditions of service and code of conduct of teachers, etc.– All the teachers and other academic staff of the University shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations.

(2) The emoluments of members of the academic staff shall be such as may be prescribed by the ordinances.

(3) Every teacher and member of the academic staff of the University shall be appointed on a written contract, the form of which shall be prescribed by the Ordinances.

(4) A copy of every contract referred to in clause(3) shall be deposited with the Registrar.

(1) Terms and conditions of service and code of conduct of other employees.– All the employees of the University, other than the teachers and other academic staff shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations,

(2) The manner of appointment and emoluments of employees, other than the teachers and other academic staff, shall be such as may be prescribed by the Ordinances.

(1) Seniority list.– Whenever, in accordance with the Statutes, any person is to hold an office or be a member of an authority of the University by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade and in accordance with such other principles as the Executive Council may, from time to time, prescribe,

(2) It shall be the duty of the Registrar to prepare and maintain in respect of each class of persons to whom the provisions of these Statutes apply, a complete and upto-date seniority list in accordance with the provisions of clause(1)

(3) If two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons in otherwise in doubt, the Registrar may, on his own motion and shall, at the request of any such person, submit the matter to the Executive Council whose decision thereon shall be final.

(1) Removal of employees of University.– Where there is an allegation of misconduct against a teacher, a member of the academic staff or there employee of the University, the Vice-Chancellor, in the case of the teacher or a member of the academic staff, and the authority competent to appoint (hereinafter referred to as the appointed authority) in the case of other employee may, be order in writing, place such teacher, member of the academic staff or other employee, as the case may be, under suspension and shall forthwith report to the Executive Council the circumstances in which the order was made:

Provided that the Executive Council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or a member of the academic staff, revoke such order.

(2) Notwithstanding anything contained in the terms of the contract of appointment or of any other terms and condition of service of the employees, the Executive Council in respect of teachers and other academic staff, and the appointing authority in respect of other employees, shall have the power to remove a teacher or a member of the academic staff or other employee, as the case may be, on grounds of misconduct.

(3) Save as aforesaid, the Executive Council, or as the case may be, the appointing authority, shall not be entitled to remove any teacher, member of the academic staff or other employee except for a good cause and after giving three months’ notice or on payment of three months’ salary in lieu thereof.

(4) No teacher, member of the academic staff or other employee shall be removed under clause(2)or clause (3) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

(5) The removal of a teacher, member of the academic staff or other employee shall take effect from the date on which the order of removal is made:

Provided that where the teacher, member of the academic staff or other employee is under suspension at the time o his removal, such removal shall take effect from the date on which he was placed under suspension.

(6) Notwithstanding anything contained in the foregoing provisions of the Statute, a teacher, member of the academic staff or other employee may resign —

(a) if he is permanent employee, only after giving three months’ notice in writing to the Executive Council or the appointing authority, as the case may be, or by paying three months’ salary in lieu thereof;

(b) if he is not a permanent employee, only after given one months’ notice in writing to the Executive Council or, as the case may be, the appointing authority or by paying one month’s salary in lieu thereof:

Provide that such resignation shall taken effect only on the date on which the resignation is accepted by the Executive Council or the appointing authority, as the case may be.

(1) Honorary degrees.– The Executive Council may, on the recommendation of the Academic Council and by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to Visitor for the conferment of honorary degrees:

Provided that in cause of emergency, that Executive Council may, on its own motion, make such proposals.

(2) The Executive Council may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the Visitor, any honorary degree conferred by the University.

Withdrawal of degrees, etc.– The Executive Council may, be a resolution passed by a majority of not less then two-thirds of the members present and voting, withdraw a degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the University for good and sufficient cause:

Provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon him to show cause within such time as may be specified in the notice as to why such a resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the Executive Council.

(1) Maintenance of discipline amongst students of University.– All powers relating to the maintenance of discipline and disciplinary action in relation to the students of the University shall vest in Vice-Chancellor.

(2) There shall be Proctor of the University to assist the Vice-Chancellor in the exercise of the powers referred to in clause (I), who shall be appointed by the Executive Council from amongst the Professors and Associate Professors in the manner prescribed by the Ordinances.

(3) The Vice-Chancellor may delegate all or any of the powers referred to in clause (1), as he deems proper, to the Proctor and to such other officers as he may specify in this behalf.

(4) Without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of discipline, the Vice-Chancellor may, in exercise of such powers, by order, direct that any student or students be expelled or rusticated, for a specified period, or be not admitted to a course of courses of study in a College, Institution or Department or a School of the University for a stated period, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the University, College, Institution or Department or a School for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be withheld or cancelled.

(5) The Principals of Colleges, Institutions, Deans of Schools of Studies and Heads of teaching Departments in the University shall have the authority to exercise all such disciplinary powers over the students in their respective Colleges, Institutions, Schools and teaching Departments in the University, as may be necessary for the proper conduct of such Colleges, Institution, Schools and teaching Departments.

(6) Without prejudice to the powers of the Vice-Chancellor and the Principals and other persons specified in clause (5), detailed rules of discipline and proper conduct shall be made by the University and the Principals of Colleges, Institutions, Deans of Schools of Studies and Heads of teaching Departments in the University may also make such supplementary rules as they deem necessary for the purposes stated therein.

(7) At the time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and other authorities of the University.

Convocations.– Convocations of the University for the conferring of degrees or for other purposes shall be held in such manner as may be prescribed by the Ordinances.
Acting Chairman of meetings.– Where no provision is made for a President or Chairman to preside over a meeting of any authority of the University or any Committee of such authority or when the president or Chairman so provided for is absent, the members present shall elect one from among themselves to preside at such meeting.
Resignation.– Any member, other than an ex officio member of the Court, the Executive Council, the Academic Council or any other authority of the University or any Committee of such authority may resign by letter addressed to the Registrar and the resignation shall take effect as soon as such letter is received by the Registrar.
(1) Disqualification.– A person shall be disqualified for being chosen as, and for being, a member of any of the authorities, or for being appointed as, and for being, an officer, of the University if –

(i) he is of unsound mind; or

(ii) he is an undischarged insolvent; or

(iii) he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months.

(2) If any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in clause (i), the question shall be referred to the Visitor and his decision shall be final and no suit or other proceeding shall lie in any civil court against such decision.

Residence condition for membership and office.– Notwithstanding anything contained in the Statutes, a person who is not ordinarily resident in India shall not be eligible to be an officer of the University or a member of any authority of the University.
Membership of authorities by virtue of membership of other bodies.– Notwithstanding anything contained in the Statutes, a person who holds any post in the University or is a member of any authority of body of the University in his capacity as a member of a particular authority of body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be.

35(1) Alumni Association. – There shall be an Alumni Association for the University.

(2) The subscription for membership of the Alumni Association shall be prescribed by the Ordinances.

(3) No member of the Alumni Association shall be entitled to vote or stand for election unless he has been a member of the Association for at least one year prior to the date of election and is a degree holder of the University of at least five years standing/

Provided that the condition relating to the completion of one year’s membership shall not apply in the case of the first election.

(1) There shall be constituted in the University, a Students’ Council for every academic year, consisting of –

(i) the Dean of Students’ Welfare who shall be the Chairman of the Students’ Council;

(ii) twenty students to be nominated by the Academic Council on the basis of merit in studies, sports and extra-curricular activities; and

(iii) twenty students to be elected by the students as their representatives;

Provided that any student of the University shall have the right to bring up any matter concerning the University before the Students’ Council, if so permitted by the Chairman, and he shall have the right to participate in the discussions at any meeting when the matter is taken up for consideration.

(2) The functions of the Students’ Council shall be to make suggestions to the appropriate authorities of the University in regard to the programmes of studies, students’ welfare and other matters of importance, in regard to the working of the University in general and such suggestions shall be made on the basis of consensus of opinion.

(3) The Students’ Council shall meet at least twice in every academic year and the first meeting of the Council be held in the beginning of the academic session.

(1) Ordinances, how to be made.– The first Ordinances made under sub-section (2) of section 28 may be amended, repealed or added to at any time by the Executive Council in the manner specified in the following sub-clauses.

(2) No Ordinances in respect of the matters enumerated in sub-section (1) of section 28 of this Act shall be made by the Executive Council unless a draft of such Ordinances has been proposed by the Academic Council.

(3) The Executive Council shall not have power to amend any draft of any Ordinances proposed by the Academic Council under clause (2), but may reject the proposal or return the draft to the Academic Council for re-consideration, either in whole or in part, together with any amendment which the Executive Council may suggest.

(4) Where the Executive Council has rejected or returned the draft of an Ordinances proposed by the Academic Council, the Academic Council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members present and voting and more than half the total number of members of the Academic Council, the draft may be sent back to the Executive Council Which shall either adopt it or refer it to the Visitor whose decision shall be final.

(5) Every Ordinances made by the Executive Council shall come into effect immediately.

(6) Every Ordinances made by the Executive Council shall be submitted to the Visitor within two weeks from the date of its adoption.

(7) The Visitor shall have the power to direct the University to suspend the operation of any Ordinances.

(8) The Visitor shall inform the Executive Council about his objection to the Ordinances referred to in clause (7) and may, after receiving the comments of the University, either withdraw the order suspending the Ordinances or disallow the Ordinances, and his decision shall be final.

(1) Regulations.– The authorities of the University may make Regulation consistent with this Act. the Statues and the Statutes and the Ordinances for the following matters, namely:

(i) laying down the procedure to be observed at their meeting and the number of members required to form a quorum;

(ii) providing for all matters which are required by this Act, the Statutes or the Ordinances to be prescribed by Regulations ; and

(iii)Providing for all other matters solely concerning such authorities or committees appointed by them and not provided for by this Act, the Statues or the Ordinances.

(2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority for the dates of meeting and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings.

(3) The Executive Council may direct the amendment in such manner as it may specify of any Regulation made under the Statutes or the annulment of any such Regulation.

Delegation of powers.– Subject to the provisions of this Act and the Statutes, any officer or authority of the University may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the power so delegated shall continue to vest in the officer or authority delegation such powers.

Departments under Faculty of Medicine, Banaras Hindu University

October 28, 2017Advocatetanmoy

Departments of:-

Anatomy
Biochemistry
Forensic Medicine
Medicine
Microbiology.
Obstetrics and Gynaecology
Ophthalmology
Physiology
Pharmacology
Pathology
Preventive and Social Medicine
Paediatrics
Radiology
Surgery
Anaesthesiology
Biophysics
Dentistry
Orthopaedics
(xix) Otorhinolaryngology
(xx) Psychiatry
(xxi) Radiotherapy and Radiation Medicine
(xxii) Dermetology and Venereology
(xxiii) Tuberculosis and Chest Diseases
(xxiv)Neuro-surgery
(xxv) Plastic Surgery
(xxvi) Urology
(xxvii) Paediatrics Surgery
(xxviii) Neurology
(xxix) Nephrology
(xxx) Gastroenterology
(xxxi) Endocrinology
(xxxii) Cardiothoracic Surgery
(xxxiii) Cardiology

University Codes in India

October 28, 2017February 1, 2018Advocatetanmoy

BHU

UNIVERSITY GRANT COMMISSION

Aligarh Muslim University Act, 1920
All India Council For Technical Education Act,1987
All India Institute of Medical Science Act,1956
Babasaheb Bhimrao Ambedkar University Act, 1994
Banaras Hindu University Act, 1915
Central Agricultural University Act, 1992
Central Educational Institutions (Reservation In Admission) Act, 2006
Central Universities Act,2009
Delhi University Act, 1922
Delivery of Books and Newspapers (Public Libraries) Act, 1954
Dr. Rajendra Prasad Central Agricultural University Act, 2016
English And Foreign Languages University Act, 2006
Indian Institutes of Information Technology Act,2014
Indian Maritime University Act, 2008
Indira Gandhi National Open University Act, 1985
Indira Gandhi National Tribal University Act, 2007
National Institute of Design Act,2014
Rajiv Gandhi Institute of Petroleum Technology Act,2007
Rajiv Gandhi National Aviation University Act,2013
Rajiv Gandhi University Act,2006
School of Planning and Architecture Act,2014
Science and Engineering Research Board Act,2008
Sikkim University Act,2006
South Asian University Act,2008
Sree Chitra Tirunal Institute for Medical Sciences and Technology Trivandrum Act,1980
Tripura University Act,2006
University Grants Commission Act,1956