Andhra pradesh act 017 of 1992 : Jawaharlal Nehru Technological University (Amendment) Act, 1992

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Jawaharlal Nehru Technological University (Amendment) Act, 1992.

(2) It shall be deemed to have tome into force on the 16th July, 1992.

Section 2. Amendment of section 2

2. Amendment of section 2.- In the Jawaharlal Nehru Technological University Act, 1972 (Act 16 of 1972) (herein after referred to a file principal Act), in section 2,-

(i) for clause (a), the fallowing shall be substituted, namely:-

"(a) ‘Board of Management’ means the Board of Management constituted under Section II."

(ii) for clause (c), the following shall be substituted, namely:-

"(c) ‘Director of Technical Education’ includes a Joint Director in-charge of Technical Education.

Section 3. Amendment of section 4

3. Amendment of section 4.- In Section 4 of the principal Act, sub-section (2), after item (xix) the following shall be inserted, namely:

"(xix-a) to establish, maintain and manage research departments institutions;

(xix-b) to affiliate or recognise colleges/institutions throughout the State of Andhra Pradesh or to withdraw such affiliation, or recognition as specified under Section 28-A".

Section 4. Substitution of Section 8A

4. Substitution of Section 8A.- For Section 8A of the principal Act, the following shall be substituted, namely:-

8A. "The Rector.- There shall be a Rector who shall be appointed by the Board of Management on the recommendation of the Vice-Chancellor in such manner and on such terms and conditions as may be prescribed by the Statutes from among senior professors. He shall exercise such powers and perform such duties as may be prescribed by the Statutes."

Section 5. Substitution of Section 10

5. Substitution of Section 10.- For suction 10 of the principal Act, the following shall be substituted, namely:-

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

(i) The Board of Management;

(ii) The Academic Senate;

(iii) The Faculties;

(iv) The Boards of Studies; and

(v) Such other bodies, as the Statutes may declare to be authorities of the University."

Section 6. Amendment of section 11

6. Amendment of section 11.- In section 11 of the Principal Act,-

(a) for sub-section (1), along with the marginal heading the following shall he substituted, namely:"

"(1) Board of Management.- The Board of Management shall consist of the following persons, namely:-

CLASS-I EXOFFICIO MEMBERS

(1) The Vice-Chancellor;

(2) The Rector;

(3) The Secretary to Government in Education Department dealing with Technical Education of his nominee;

(4) The Secretary to Government in the Finance and Planning (Finance Wing) Department or his nominee; and

(5) The Director of Technical Education.

CLASS-II OTHER MEMBERS

(1) One Professor of the University to be nominated by the Government.

(2) One Principal Director of the University to be nominated by the Government.

(3) One Principal of affiliated Colleges to the nominated by the Government.

(4) Four eminent persons from the field of Industry, Research and Development, Engineering and Technology, Architecture, Fine Arts, Physical and Social Sciences to be nominated by the Government.

CLASS-III ELECTED MEMBERS

(1) Two teachers elected from among the teachers of the University of whom one shall be a Professor.

(2) Two teachers elected from among the teachers of the affiliated colleges of whom one shall be a Principal.

(3) Two members of the Academic Senate to be clouted from among themselves.";

(b) for sub-sections (7) and (8), the following shall be substituted, namely:-

"(7)(a). The term of office of the nominated and elected members of the Board of Management shall be three years from the date of their nomination/election:

Provided that such members shall be eligible for re-nomination/election so however that no such member shall hold office successively for more than two terms;.

(b) A nominated or elected member of the Board of Management may tender resignation of his membership at any term before the term of his appointment expires. Such resignation shall be conveyed to the Vice-Chancellor by alerter in writing by the member and the resignation shall take effect from the date of its acceptance by the Government.

(8) All casual vacancies among nominated members shall be filled by nomination by the Government and among elected members by re-electing:-

Provided that a person nominated/elected as the case may be in such a casual vacancy shall be a member of the Board of Management only for the residue of the term for which the member in whose place he is (nominated/elected) could have continued as a member of the Board of Management.

(9) The Board or Management shall meet at least once in every six weeks and may meet often if necessary.

(10) Upon a requisition in writing signed by not less than one-third of the total number of members of the Board of Management, the Vice-Chancellor shall convene a meeting thereof on a date appointed by him which shall not be later than seven days from the date of receipt of requisition aforesaid.

(11) In the absence of the Vice-Chancellor from any meeting of the Board of Management, the members present at the meeting shall choose one among themselves to preside over the meeting.

(12) The quorum for a meeting of the Hoard of Management shall be one-third of the total number of members or four persons, whichever is higher."

Section 7. Amendment of section 23

7. Amendment of section 23.- In section 23 of the principal Act, after Clause (i), the following shall be inserted, namely:-

"(ii) to provide for reservation to all cadres by direct recruitment in accordance with section 34A.

Section 8. Insertion of new section 28A

8. Insertion of new section 28A.- After see lion 28, the following new section shall be inserted, namely:-

25A. Affiliation end recognition of Colleges or Institutions.- Notwithstanding anything contained in the Andhra Pradesh Universities Act, 1991, (Act 4 of 1991) the control and management of the College of Institutions affiliated to or recognised by any University specified under section 4 of the said Act, shall from such date is may be notified by the Government in this behalf, be disaffiliated from those Universities and such Colleges or Institutions shall be formed into, maintained affiliated or recognised by the Technological University."

Section 9. Insertion of new section 34A

9. Insertion of new section 34A.- After section 34 of the principal Act, the following section shall be inserted, namely:-

"34A. "Observation of rule of reservation.- Every appointment made under clause 12 of clause 13 of Status XIV shall conform to such rule of reservation for the Scheduled Castes, Scheduled Tribes and Backward Classes as may be made under the Statutes of the University except where the Government by general or special order exempts any category from this applicability keeping in view the general policy on enunciated by the Government from time to time:

Provided that the Statutes may provide for such preference to women, as is for the time being provided for recruitment to Government service."

Section 10. Amendment of the Schedule

10. Amendment of the Schedule.- In the Schedule to the principal Act,-

(A) under the heading "I. Officers of the University,"

(i) for clause 1, the following shad be substituted, namely:-

"1. The Vice-Chancellor.- (1) The Government shall constitute a Search Committee consisting of:

(i) a nominee of the Board of Management;

(ii) a nominee of the University Grants Commission; and

(iii) a nominee of the State Government.

The Search Committee shall submit a panel of three persons to the Government in alphabetical order from among whom the State Government shall recommend one person to the Chancellor for appointment as Vice-Chancellor and the Chancellor shall appoint such person as Vice-Chancellor:

Provided that it shall be competent for the Government to call for a fresh panel if they consider necessary and the Search Committee shall submit a fresh panel to the Government.

(2) The Vice-Chancellor shall not be removed from his a Aim except by an order of the Chancellor passed on the ground of wilful commission or refusal to carry out the provisions of this Act, or abuse of the powers vested in him and after due enquiry ordered by the Government, by the Lokayukta or by such person who is or has been a Judge of a High Court or the Supreme Court as may be appointed by the Chancellor in which the Vice-Chancellor shall have an opportunity of making his representation against such removal:

Provided that where the enquiry is conducted by a person who is or has been a Judge of High Court or the Supreme Court the report of such an enquiry shall be forwarded to the Government and the Chancellor shall act in accordance with the advice tendered by the Government an a consideration of the report while exercising his powers under this sub-section:

Provided further that where the Lokayukta enquires into an allegation against the Vice-Chancellor under the Andhra Pradesh Lokayukta and the Upa-Lokayukta Act, 1983, Act 11 of 1983, then, not with standing anything contained in section 12 of that Act, the Lokayukta shall submit the report to the Government and the Chancellor shall act in accordance with the advice tendered by the Government on a consideration of the report while exercising his powers under this sub-section.

(3) The Vice-Chancellor shall be the academic head and the principal Executive Officer of the University and shall exercise general control over its affairs. He shall be a whole time officer of the University.

(4) Subject to the provisions of sub-clause (2) the Vice-Chancellor shall hold office for a term of three years from the date of his appointment and shall be eligible for reappointment to that office for another term of three years in the manner provided in sub-clause (1).

(5) The Vice-Chancellor shall be paid such pay and allowances as may, by order, be specified by the Government from time to time-He shall be provided with a furnished official accommodation for which he shall pay ten percent of his salary towards rent.

(6) When the Vice-Chancellor is unable to exercise his powers, perform his functions and discharge his duties owing to absence, illness of any other cause or when the office of Vice-Chancellor is vacant it shall be competent for the State Government to appoint a person to be incharge Vice-Chancellor. The person so appointed as incharge Vice-Chancellor shall exercise the powers, perform the functions and discharge the duties of the Vice-Chancellor until the Vice-Chancellor assumes the office, or as the case may be, a new Vice-Chancellor is appointed in accordance with sub-clause (1).

(7) It shall be competent for the Chancellor to accept the resignation of the Vice-Chancellor.

(8) When the post of the Vice-Chancellor falls permanently vacant, either by resignation or otherwise, the vacancy shall be filled by the Chancellor by appointing another person as the Vice-Chancellor and the Vice-Chancellor so appointed shall hold office for a full term of three years.

(9) The Vice-Chancellor shall, by virtue of his office be a member and Chairman of the Board of Management and of the Academic Senate and shall preside at the convocation of the University in the absence of the Chancellor.

(10) He shall be entitled to be present at the address at any stage, any meeting of any Authority of the University, but not to vote there at, unless he is a member of the authority concerned.

(11) He shall have the power to convene meetings of the Board of Management and the Academic Senate.

(12) It shall be his duty to see that the provisions of this Act, the Statutes, the Ordinances and Regulations are duly observed and he may exercise all powers necessary for this purpose.

(13) He shall have power to interprets the provisions of this Act, the Statutes, the Ordinances and the Regulations. Any person or authority aggrieved may, within such time as may be prescribed by an Ordinance, appeal to the Chancellor.

Provided that,-

(i) if such interpretation was given at a meeting of the Board of Management, the appeal shall be to the Chancellor direct;

(ii) if such interpretation was given otherwise than at a meeting of the Board of Management, the appeal shall be forwarded to the Chancellor through the Board of Management.

The decision of the Chancellor on the appeal shall be final.

(14) He shall give effect to the decision of the Authorities of the University taken in accordance with the powers conferred by or under this Act.

(15) He shall have such other powers as may be prescribed.

(16)(a) When, with regard to any matter in which any officer or authority may take action, the Vice-Chancellor considers immediate action desirable, he may subject to the general control of the Chancellor take such action as may be necessary but shall as soon as may be, report the action taken to the officer or authority concerned.

(b) An appeal shall lie to the Board of Management against an action taken by the Vice-Chancellor under clause (a) afflicting an person in the service of the University, at the instance of such person. Such appeal shall be filed within thirty days from the day on which such person has notice of the action taken."

(ii) in clause 2, for sub-clause (5), the following shall be substituted, namely:

"(5) The Registrar shall act as the Secretary of the Board of Management and Academic Senate.".

(iii) in clause 3, for sub-clause (1), the following shall be substituted, namely:-

"(2) He shall maintain the accounts of the University and also advise the University on all matters relating to income and expenditure.

(2-A) He shall be present at the meetings of the Finance Committee and participate in the discussions but shall not be entitled to vote.

"(B) Under the heading "II. Authorities of the University",

(i) in clause I, for sub-clauses (1) to (6) and the heading thereto, the following shall be substituted, namely:-

I. ACADEMIC SENATE

(1) The Academic Senate shall consist of the following persons: namely:-

CLASS-I-EX-OFFICIO MEMBERS

(i) All members of the Board of Management;

(ii) All Principals and Directors;

(iii) The Chairman of the Andhra Pradesh State Council of Higher Education or in his absence the Vice-Chairman thereof;

(iv) All members of the University Planning and Monitory Board.

CLASS-II-LIFE MEMBERS.

All persons who donate an Amount of not less than five lukhs to the University.

CLASS-III-MEMBERS TO BE NOMINATED BY THE GOVERNMENT.

(i) Three Principals of other Engineering Colleges within the State, to be nominated by the Government;

(ii) Throe persons from the Public Sector Undertakings to be nominated by the Government;

(iii) Two persons from Research Organisations or Private Industries to be nominated by the Government;

(iv) One student representative from each of the Constituent Colter/Unit, nominated on the recommendation of the Vice-Chancellor on consideration of merit and academic attainments, for period of one your.

CLASS-IV-ELECTED MEMBERS

(i) Five teachers to be elected from among the teachers of the Constituent Colleges/Units of the University from among themselves according to the principle of proportional representation by means of single transferable vote and wording to procedure prescribed by the Statutes;

(ii) Five teachers to be elected from among the teachers of the affiliated Colleges of the University from among themselves according to the principle of proportional representation by means of single transferable vote and according to procedure prescribed by the Statutes;

(iii) Five Members of the Legislative Assembly to be elected from among the Members of the Legislative Assembly of whom one each shall he long to Scheduled Castes Scheduled tribes and Backward Classes. The election shall be held according to the principle of proportional representation by means of single transferable vote and according to procedure prescribed by the Statutes.

(2) The term of office of the nominated and elected members, except the student representative, shall be three years. A member shall be entitled for re-nomination/re-election so however that no such member shall hold office successively for more than two terms.

(3) A nominated or elected member may tender resin nation of his membership before the expiry of his term of membership by conveying such resignation in writing to the Vice-Chancellor and every such resignation shall come into effect from the date of its acceptance by the Government.

(4) Casual vacancies in the office of the non-official members occurring on the Academic Senate, for whatever reason, shall be filled by the Government by nomination of another person who shall hold office for the residue of the term of his predecessor. In respect of the elected members, such vacancies shall be filled in by re-election of another person who shall hold office for the residue of the term of his predecessor.

(5) An ex-officio member shall cease to be a member of the Academic Senate when he relinquishes or ceases to hold the office by virtue of which he became a member of the Academic Senate.

(6) The Vice-Chancellor may however whenever he considers it necessary to do so, appoint, as additional members of the Academic Senate for such duration as he may determine, persons having proficiency in the subject concerned from among the employees of the University or from others."

(ii) for clause II, the following shall be substituted, namely:-

"II FINANCE COMMITTEE:

(1) There shall be constituted a Finance Committee which shall be a Sub-committee of the Board of management with the following members namely;-

(a) Vice-chancellor (Chairman).

(b) two members of the Board of Management nominated by it;

(c) one member of the Board of Management to represent Banking or Accounting.

The Finance Officer shall be the Secretary of the Finance Committee.

(2) The Finance Committee shall have the following duties and powers, namely:-

(a) to examine the annual accounts of the University and to advise the Board of Management thereon;

(b) to examine the annual budget estimates and advise the Board of Management thereon;

(c) to review the financial position of the University from time to time;

(d) to make recommendations to the Board of Management on ait matters relating to the finances of the University;

(e) to make recommendations to the Board of Management on all proposes involving expenditure for which no provision has been made in the budget, or which involve expenditure in excess of the amount provided in the Budget."

(C) under the heading "III. Committees etc., of the Colleges" for clause 2, the following shall be substituted, namely:-

2. BOARD OF STUDIES:

A separate Board of Studies shall be Attached to each Faculty of teaching. The constitution and functions of the Board of Studies shall be prescribed by Statues. There shall be representation for students on the Board of Studies."

(D) for clauses IV and V, the following shall he substituted, namely:-

V. PLANNING AND MONITORING BOARD

(1) There shall be a Planning and Monitoring Board consisting of,-

(i) the Vice-Chancellor (Chairman);

(ii) four from among the Principals of University Collies, Deans Chairmen of Faculties and Directors nominated by the Vice-Chancellor;

(iii) two educationists nominated by the Government;

(iv) two nominees of the University Grants Commission.

(2) The Board shall be the principal planning and reviewing body and it shall also arrange for periodical monitoring of the developmental programmes and of teaching and research in the University.

V. SELECTION COMMITTEE

(1) There shall be constituted a Selection Commutes in regard to the appointment of Professors, Assistant Professors uni Lecturers which shall consist of the following, namely:-

(i) the Vice-Chancellor:

(ii) three experts from outside the University to be nominated by the Vice-Chancellor from out of a panel prepared every year by the Board of Studies and approved by the Board of Management of whom at least two shall be present in the Selection Committee;

(iii) the Chairman of the Board of Studies concerned:

Provided that no person shall participate in the meetings of the Selection Committee for any appointment if he or his near relative is a candidate for that appointment:

Provided further that no teacher holding a post lower in rank than the one to which appointment is to be made, shall be a member of Selection Committee.

(2) The Registrar shall be the Secretary of the Selection Committee.

(3) Provisions shall be made in the Statutes in respect of such matters as may be considered necessary and not provided for in sub-clauses (1) and (2) in order to ensure fair selections."

Section 11. Substitution of "Board of Management" and 'Academic Senate' for "council or Executive Council" and "Acduemic Development Board"

11. Substitution of "Board of Management" and ‘Academic Senate’ for "council or Executive Council" and "Acduemic Development Board".- Throughout the principal Act, for the words "Council or Executive Council" and "Academic Development Board", the words "Board of Management" and "Academic Senate" shall respectively be substituted.

Section 12. Transitional Provisions

12. Transitional Provisions.- On the commencement of the Jawaharlal Nehru Technological University (Amendment), Act, 1992,-

(a) the members of the Executive Council and Academic Development Board constituted and functioning before the commencement of the Jawaharlal Nehru Techno logical University (Amendment, Act, 1992) hereinafter referred to as the said Act, shall continue to be such members and function only until the Board of Management and Academic Senate as the case may be, is re-constituted in accordance with the provisions of the Act as amended by this Act;

(b) upon the reconstitution of the Board of Management and Academic Senate, in accordance with the provisions of this Act, the members of the Executive Council and Academic Development Board other than the life members if any, thereof holding office as such member immediately before such reconstitution shall cease to hold the office as such members.

Section 13. Repeal of Ordinance 9 of 1992

13. Repeal of Ordinance 9 of 1992.- The Jawaharlal Nehru Technological University (Amendment) Ordinance, 1992 is hereby repealed.