act 005 of 2020 : The Central Sanskrit Universities Act, 2020

Section 1.Short title and commencement.

(1) This Act may be called the Central Sanskrit Universities Act, 2020.

(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.

1. 30th April, 2020, vide notification No. S.O. 1263(E), dated 17th April, 2020, see Gazette of India, Extraordinary, Part II, sec. 3 (ii).

Section 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 Statutes and Ordinances made thereunder;

(d) "Campus" means any unit established or constituted by the University at any place within or outside India for making arrangements for instruction, research, education and training in Sanskrit and includes an existing Campus established by the University prior to the commencement of this Act;

(e) "Chancellor" and "Vice-Chancellor" mean, respectively, the Chancellor and the Vice Chancellor of the University;

(f) "College" means a College recognised or affiliated or maintained by the University;

(g) "corresponding University" and "deemed to be University", in relation to the society known as--

(i) the Rashtriya Sanskrit Sansthan, New Delhi, mean the Rashtriya Sanskrit Sansthan, New Delhi established in the year 1970 which has been conferred the status of deemed to be University in the year 2002;

(ii) Shri Lal Bahadur Shastri Rashtriya Sanskrit Vidyapeeth, New Delhi, mean Shri Lal Bahadur Shastri Rashtriya Sanskrit Vidyapeeth, New Delhi established in the year 1962 which has been conferred the status of deemed to be University in the year 1987;

(iii) the Rashtriya Sanskrit Vidyapeeth, Tirupati, mean the Rashtriya Sanskrit Vidyapeeth, Tirupati established in the year 1961 which has been conferred the status of deemed to be University in the year 1987;

(h) "Court" means the Court of the University;

(i) "Department" means a Department of Studies and includes a Centre of Studies;

(j) "Director" means the Head of a Campus or of a distance education system of the University or of any other academic branch of studies as approved by the Executive Council and prescribed by the Statutes;

(k) "distance education system" means the system of imparting education through any means of communication, such as broadcasting, telecasting, internet, correspondence course, seminar, contact programme, non-formal pattern or a combination of any two or more such means, except the regular system of education;

(l) "employee" means any person appointed by the University on regular basis and includes teaching and non-teaching staff, but does not include an employee of any institution or college or school getting grant-in-aid to any extent whatsoever, or affiliated or recognised, by the University;

(m) "Executive Council" means the Executive Council of the University;

(n) "Faculty" means a faculty of the University;

(o) "Hall" means a unit of residence or of corporate life, being hostel or otherwise, for the students, authorities, officers and employees of the University, or of a Campus or College or Institution or Centre or Department, maintained or authorised by the University;

(p) "Institution" means an academic institution, not being a Campus or College established or maintained or affiliated or recognised by the University;

(q) "Principal" means the Head of a College or School or an Institution established or maintained by the University;

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

(s) "Sanskrit" means the Sanskrit language, in modern, classical or ancient form, and the knowledge available therein or related thereto, in addition to Sanskrit language;

(t) "Schedule" means a Schedule appended to this Act;

(u) "School" means a School recognised or affiliated or maintained by the University for secondary, primary and elementary levels or equivalent thereto;

(v) "School of Studies" means a School of Studies of the University;

(w) "Society" means any of the following societies registered under the Societies Registration Act, 1860 (21 of 1860), namely---

(i) the Rashtriya Sanskrit Sansthan, New Delhi (Regulation No. S/4694 of 1970-71);

(ii) Shri Lal Bahadur Shastri Rashtriya Sanskrit Vidyapeeth, New Delhi (Registration No. S17454 of 1987);

(iii) the Rashtriy Sanskrit Vidyapeeth, Tirupati (Registraion No. 345 of 1986);

(x) "Statutes" and "Ordinances" mean, respectively, the Statutes and the Ordinances of the University for the time being in force;

(y) "teachers of the University" means Professors, Associate Professors, Assistant Professors and such other persons as may be appointed for imparting instructions or conducting research in the University or in any College or Institution maintained by the University and are designated as teachers by the Ordinances, but does not include the teaching staff of an institution or a college or school getting grant-in-aid to any extent whatsoever, or affiliated or recognised, by the University;

(z) "University" means a University established and incorporated as a University under this Act.

Section 3.Establishment of Universities.

(1) The following deemed to be Universities shall be established as three separate Central Universities as under:---

(a) the Rashtriya Sanskrit Sansthan, New Delhi, along with its campuses as specified in the First Schedule, shall be established as a body corporate under this Act by the name of "the Central Sanskrit University",which shall have its headquarters in New Delhi;

(b) Shri Lal Bahadur Shastri Rashtriya Sanskrit Vidyapeeth, New Delhishall be established as a body corporate under this Act by the name of "Shri Lal Bahadur Shastri National Sanskrit University", which shall have its headquarters in New Delhi;

(c) the Rashtriya Sanskrit Vidyapeeth, Tirupati shall be established as a body corporate under this Act by the name of "the National Sanskrit University", which shall have its headquarters in Tirupati.

(2) The Chancellor, the Vice-Chancellor and the members of the Executive Council and of the Academic Council of each University, and all persons who may here after 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.

(3) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name.

Section 4.Effect of establishment of University.

On and from the date of commencement of this Act,---

(a) the societies, namely, the Rashtriya Sanskrit Sansthan, New Delhi, Shri Lal Bahadur Shastri Rashtriya Sanskrit Vidyapeeth, New Delhi and the Rashtriya Sanskrit Vidyapeeth, Tirupati shall stand dissolved;

(b) any reference to a society or to a deemed to be University in any law (other than this Act) or in any contract or other instrument shall be deemed as a reference to the corresponding University established and incorporated under this Act;

(c) all properties, movable and immovable, of or belonging to a society or to a deemed to be University shall vest in the corresponding University established and incorporated under this Act;

(d) all rights and liabilities of a society or of a deemed to be University shall be transferred to, and be the rights and liabilities of, the corresponding University established and incorporated under this Act;

(e) every person employed by a society or a deemed to be University immediately before such commencement shall hold his office or service in the corresponding University established and incorporated 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 they would have held the same if this Act had not been enacted and shall continue to do so unless and until their employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the Executive Council or 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 term 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 34, 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 of a deemed to be University in any law for the time being in force, or in any contract or other document, shall be construed as a reference to the Vice-Chancellor of the corresponding University established and incorporated under this Act;

(f) the Vice-Chancellor of a deemed to be University appointed prior to the commencement of this Act and holding office as such, shall be deemed to have been appointed as the Vice-Chancellor of the corresponding University under this Act;

(g) all Colleges, Institutions, Schools of Studies, and Departments affiliated to, or admitted to the privileges of, or maintained by, the deemed to be University shall stand affiliated to, or admitted to the privilege of, or maintained by, the corresponding University established and incorporated under this Act.

Section 5.Objects of University.

The objects of the University shall be to disseminate and advance knowledge by providing instructional, research and extension facilities to the promotion of Sanskrit Language and such other branches of learning as it may deem fit; to make special provisions for integrated courses in humanities, social sciences and science 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 overall development, promotion, preservation and research in the field of Sanskrit and Sanskrit traditional subjects.

Section 6.Powers of University.

(1) The University shall have the following powers, namely:---

(i) to provide for instructions in such branches of learning including Sanskrit and Sanskrit traditional subjects, as may be specified in the Statute or as may be determined by the University, from time to time, and to make provisions for research and advancement and dissemination of knowledge;

(ii) to grant,subject to such condition as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions on, persons on the basis of examination, evaluation or any other method of testing, and to withdraw any such diplomas, certificate, degrees or other academic distinctions for good and sufficient cause;

(iii) to organise and undertake extramural studies, training, extension services and such other measures for the promotion of Sanskrit education;

(iv) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes;

(v) to provide facilities of teaching and learning through the distance education system or online mode, as it may determine;

(vi) to provide for education not only at University or College level leading to excellence and innovations in various branches of knowledge as may be deemed fit, but continue to provide education to schools already affiliated to the University;

(vii) to provide facilities for imparting higher education in such branches of learning, including Indian Philosophy, Pali-Prakrit, Sanskrit literature, Yoga, Ayurveda and Naturopathy, as the University may determine;

(viii) to institute Principalships, Professorships, Associate Professorships, Assistant Professorships and other teaching or academic positions, required by the University and to appoint persons for such Principalships, Professorships, Associate Professorships, Assistant Professorships or other teaching or academic positions;

(ix) to recognise an institution of higher learning for such purposes as the University may determine and to withdraw such recognition;

(x) to appoint persons working in any other University or academic institution as teachers of the University in accordance with the Statutes;

(xi) to create administrative, ministerial and other posts and to make appointments thereto, on regular basis as well as engagement on short-term basis in accordance with the Statutes;

(xii) to co-operate, collaborate or associate with any other University or authority or institution of higher learning, including those located outside the country, in such manner and for such purposes, as the University may determine;

(xiii) to establish, maintain, affiliate, recognise Colleges, Institutions and such Centres and specialised laboratories or other units for research and instruction as are, in the opinion of the University, necessary for the furtherance of its objects;

(xiv) to institute and award fellowships, scholarships, studentships, medals and prizes;

(xv) to make provision for research and consultancy or advisory services, and for that purpose, to enter into such arrangements with other Universities, Institutions or bodies, as the University may deem necessary;

(xvi) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators and other academic and non-academic staff;

(xvii) to appoint on contract or otherwise Visiting Professors, Emeritus Professors, Consultants, Professionals, Advocates, Counsels, Specialists and such other persons who may contribute to the advancement of the objects of the University;

(xviii) to confer autonomous status on a College or an Institution or a Department, as the case may be, in accordance with the Statutes;

(xix) to determine standards and eligibilities for admission to the University, which may include examination, evaluation or any other method of testing;

(xx) to demand and receive payment of fees and other charges in accordance with the Statutes;

(xxi) to supervise or cause to supervise the residences of the staff, faculty and students of the University and to make arrangements for promoting their health and general welfare;

(xxii) to lay down conditions of service of all categories of employees, including their code of conduct;

(xxiii) to regulate and enforce discipline among the students and employees of the University, and to take such disciplinary measures in this regard as may be deemed by the University to be necessary;

(xxiv) to make special arrangements in respect of women, children and persons, with disabilities as the University may consider desirable;

(xxv) to accept benefactions, donations, gifts in cash or kind for furtherance of the objects of the University, and to acquire, hold and manage and to dispose of with the previous approval of the Central Government, any property, movable or immovable, including trust and endowment properties for the purposes of the University;

(xxvi) to borrow, with the prior approval of the Central Government, on the security of the property of the University, money for the purpose of the University;

(xxvii) to establish new Campuses in India and also off-shore campus or Centre of the University with the prior permission of the Central Government as per the procedure established thereof;

(xxviii) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University.

(2) In exercising its powers referred to in sub-section (1), it shall be the endeavor of the University to maintain an all-India character and high standards of teaching and research, and the University shall, among other measures which may be necessary for the said purpose, take, in particular, the following measures, namely:---

(i) admission of students and recruitment of faculty shall be made on all-India basis;

(ii) admissions of students shall be made on merit, either through Common Entrance Tests conducted individually by the University or in combination with other Universities, or on the basis of marks obtained in the qualifying examination in such courses where the intake of students is small;

(iii) inter-University mobility of faculty, with portable pensions and protection of seniority, shall be encouraged;

(iv) semester system, continuous evaluation, choice-based credit system or any other ancient, traditional or modern appropriate system as may be deemed to be fit and proper shall be introduced and the University shall enter into agreements with other Universities and academic institutions for credit transfer and joint degree programmes;

(v) ancient traditional teaching system including Gurukulas and Vedashal as shall be adopted in such areas and conditions as may be determined by the Executive Council.

Section 7.University to be open to all caste, creed, race or class.

The University shall be open to all persons of either sex and 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 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, economically weaker section of the unreserved class and other special categories as stipulated by the Central Government from time to time.

Section 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 University, Colleges, Schools 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 Centre, Department, School, 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, Centre, Department or Institution or affiliated or recognised College or School.

(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, theVisitor 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 School or Institution maintained by it, address the Vice-Chancellor with reference to the result of such inspection or inquiry together with the 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 the Act, the Statutes or the Ordinances:

Provided that before making any such order, the Visitor shall may 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.

Section 9.Officers of University.

The following shall be the officers of the University, namely:—

(1) the Chancellor;

(2) the Vice-Chancellor;

(3) the Deans of School of Studies;

(4) the Registrar;

(5) the Finance Officer;

(6) the Controller of Examinations;

(7) the Librarian; and

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

Section 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.

(3) The Chancellor shall act as an appellate authority in the cases where the Executive Council is the disciplinary authority.

Section 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 decision 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.

Section 12.Deans of Schools of Studies.

Every Dean of School of Studies shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.

Section 13.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 other powers and perform such other duties, as may be prescribed by the Statutes.

Section 14.Director of Campus.

Every Director of the Campus shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.

Section 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.

Section 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.

Section 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.

Section 18.Other officers.

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

Section 19.Authorities of University.

The following shall be the authorities of the University, namely:—

(i) the Court;

(ii) the ExecutiveCouncil;

(iii) the AcademicCouncil;

(iv) the Board of Studies;

(v) the FinanceCommittee;

(vi) the Planning and Monitoring Board; and

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

Section 20.The Court.

(1) The Constitution of the Court and the term of office of its members shall be as 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.

Section 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 as prescribed by the Statutes.

Section 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 as prescribed by the Statutes.

Section 23.Board of Studies.

The constitution, powers and functions of the Board of Studies shall be as prescribed by the Statutes.

Section 24.Finance Committee.

The constitutions, powers and functions of the Finance Committee shall be as prescribed by the Statutes.

Section 25.Planning and Monitoring Board.

The constitution, powers and functions of the Planning and Monitoring Board shall be as prescribed by the Statutes.

Section 26.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 as prescribed by the Statutes.

Section 27.Power 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 the 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 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 or institution 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 actions;

(g) the principles governing 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 or a School or a Centre;

(k) the establishment or abolition of Campuses, Colleges, Institutions, Schools, Centres or Halls;

(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.

Section 28.Statutes, how to be made.

(1) The First Statutes are those set out in the Second Schedule.

(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, power 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 reconsideration.

(4) A new Statute or a Statute amending or repealing existing Statutes 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.

Section 29.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 (including Honorary 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 the examinations, degrees, diplomas and certificates of the University;

(f) the conditions for the award of fellowship, 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, classrooms, laboratories, libraries, auditoriums, playgrounds and other amenities 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,Inter-disciplinary Studies, Special Centres, 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 machinery for redressal of grievances of employees and students;

(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.

Section 30.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 rescribed by the Statutes.

Section 31.Annual report.

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, along with its comments, if any, to the Visitor.

(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 the Houses of Parliament.

Section 32.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 the Houses of Parliament.

(5) The audited annual accounts after having been laid before both the Houses of Parliament shall be published in the Gazette of India.

Section 33.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.

Section 34.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 (26 of 1996).

(5) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes.

Section 35.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 subsections (2), (3), (4) and (5) of section 34 shall, as far as may be, apply to a reference made under this sub-section.

Section 36.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.

Section 37.Provident and pension funds.

(1) The University shall constitute for the benefits of its employees such provident or pension fund or provide such insurance schemes and other welfare and social security measures, 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 provision of the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund as if it were a Government provident fund.

Section 38.Disputes as to constitution of authorities and bodies.

If any question arises as to whether any person has been duly elected or nominated or appointed, 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 thereupon shall be final.

Section 39.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 elects, nominates, appoints or co-opts the member whose place has become vacant and the person appointed, elected, nominated 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.

Section 40.Proceedings of authorities or bodies not invalidated by vacancies.

No act or proceeding 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.

Section 41.Protection of action taken in good faith.

No suit or other legal proceedings shall lie against any officer or any 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.

Section 42.Mode of proof of University record.

Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or in any other law for the time being in force, a copy of any receipt, application, notice, order, proceeding or resolution of any authority or other body of the University, or any other document in possession of the University or any entry in any register duly maintained by the University if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence.

Section 43.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, not inconsistent 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.

Section 44.Statutes, Ordinances and Regulations to be published in Official Gazette and to be laid before Parliament.

(1) Every Statute, Ordinances or Regulation made underthisActshall 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.

Section 45.Transitional provisions.

(1) Notwithstanding anything contained in this Act and the Statutes,---

(a) the Chancellor, Vice-Chancellor and other officers of each of the deemed to be Universities holding office immediately before the commencement of this Act, shall, on and from such commencement, continue to hold their respective offices by the same tenure and upon the same terms and conditions as they held it immediately before such commencement for the remaining period of their term;

(b) the members of the Executive Council, the Academic Council, the Finance Committee, the Planning and Monitoring Board and Faculties of each of the deemed to be Universities appointed as such prior to the commencement of this Act shall, on and from such commencement, be deemed to have been appointed in the same capacity under this Act for the remaining period of their term and shall continue to exercise all the powers and perform all the functions of such authority under this Act;

(c) the first Court shall consist of not more than thirty-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 offices or authorities referred to in clauses (a) and (b) 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:

Provided further that any ex officio member appointed to any of the authorities referred to in clauses (a) and (b) prior to the commencement of this Act shall, if such appointment is not in conformity with the provisions of this Act, cease to be a member of such authority.

(2) All other officers and employees of the deemed to be Universities holding office immediately before the commencement of this Act, shall, on and from such commencement, continue to hold their respective offices by the same tenure and upon the same terms and conditions as they held immediately before such commencement of this Act.

(3) All students admitted in any programme or course in a deemed to be University immediately before the commencement of this Act, shall be deemed to have been migrated under same programme or course to corresponding University under the same terms and conditions as they held immediately before such commencement.

(4) Anything done or any action taken or any degree or other academic distinction conferred by a deemed to be University before the commencement of this Act shall, notwithstanding any change made by this Act in the constitution of the Court, the Executive Council, the Academic Council, the Finance Committee, the Planning and Monitoring Board, Faculties and other officers be valid, as if such thing was done, action taken, or degree or academic distinction conferred under this Act.

(5) The Regulations, Bye-laws or Orders, if any, made prior to the commencement of this Act, shall, in so far as they pertain to matters mentioned in section 30, continue to be applicable till the Regulations, Bye-laws or Orders are made under this Act.

(6) The Central Government may, without prejudice to the provisions of this Act, and if it considers it necessary and expedient so to do, by notification, take such measures, as may be necessary,for the smooth transfer of the deemed to be University to the corresponding University.

Section 46.Councils, Boards, Standing Committees and Cells of University.

The University may constitute such Councils, Boards, Standing Committees and Cells, in furtherance of its functions, as it may deem necessary.

Section 47.Constitution of Committees.

Where any authority of the University is given power by this Act or the Statutes to appoint Committees, such Committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other person, if any, as the authority in each case may think fit.