UNIVERSITY OF RAJASTHAN ACT, 1946
An Act to incorporate the University of Rajasthan.
1. Short Title. - This Act may be called the University of Rajasthan Act, 1946.
Object & Reasons
Statement of Objects and Reason - (Act No. 6 of 2013). - There has been good harmony between the Universities and the State Government but sometimes there are instances when polices and directions of the State Government are ignored even when they are confined to administrative or financial matter.
Also, there is no enabling provision through which Universities can be made to follow general financial discipline or administrative policies of the State Government. Moreover, there are variations in the method of appointment and retirement age of Vice-Chancellors.
Therefore, in order to maintain some sort of uniformity in various Universities’ Acts and also to bring about better financial discipline and administrative atmosphere, it has been decided to amend some sections and to add new provisions i.e. visitation powers of Chancellor, retirement age of Vice-Chancellor, other service conditions of Vice-Chancellor, accounts and audit, control of the State Government regarding State Government funds and assumption of financial control by the State Government as emergency measure in the University of Rajasthan Act, 1946.
Since the Rajasthan Legislative Assembly was not in session and circumstances existed which rendered it necessary for the Governor of Rajasthan to take immediate action, she, therefore, promulgated the University of Rajasthan (Amendment) Ordinance, 2013 (Ordinance No. 5 of 2013), on 16th January, 2013, which was published in Rajasthan Gazette, Part IV (B), Extraordinary, dated 17th January, 2013.
This Bill seeks to replace the aforesaid Ordinance.
Hence the Bill.
Statement of objects and Reasons - Act No. 10 of 2017. - The State Government had given sanction for adoption of the provisions of University Grants Commission Regulations, 2010. Later amendments were made in these in these Regulations in the year 2013.
In order to give effect to clause 7.3.0 of the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Collages and Measures for the Maintenance of Standards in Higher Education) (2nd Amendment) Regulations, 2013 regarding experience and selection procedure of Vice-Chancellor, Section 12 of the University of Rajasthan Act, 1946 is proposed to be amended.
The Bill seeks to achieve the aforesaid object.
Hence the Bill.
2. Definition. - In this Act and in the Statutes, unless there is anything repugnant in the subject or context :-
(a) "Principal" means the head of an affiliated college or any person duly appointed to act as such;
(b) "Registered Graduate" means a graduate registered under the provisions of this Act;
[(c) "Statutes", "Ordinances", "Regulations" and "Rules" mean respectively, the Statutes, Ordinances, Regulations and Rules of the University made under this Act.]
[(d) "Teacher" means Professors, Readers, Lecturers and such other persons engaged in the work of teaching in a Department of the University or in any of its affiliated colleges or approved institutions;]
(e) "University Teachers" mean persons appointed by the University under the provisions of this Act for the purpose of imparting instruction in the University;
[(f) "University" means the University of Rajasthan;
(g) "Approved" means approved by the University under the provisions of this Act;
(h) "External student" means a student, not being an internal student, who prepares for an examination of the University under such conditions as may be prescribed;
(i) "Institution" means an institution for research or specialised studies or any other institution approved as such by the University under the provisions of this Act;
(j) "Government" means the Government of Rajasthan;
[(k) "Internal Student" means a student who pursues a regular course of study at a college affiliated to the University or at an institution approved by the University or in a Department of the University; and]
(l) "Recognised" means recognised by the University under the provisions of Act.]
3. The University. - (1) The first Chancellor, the first Pro-Chancellor and the first Vice-Chancellor of the University and the first members of the Sanate, the Syndicate and the Academic Council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, will constitute a body corporate by the name of [The University of Rajasthan]
(2) The University shall have perpetual succession and a Common Seal and shall sue and be sued by the said name.
4. Powers of the University. - The University shall have the following powers, namely;-
(1) to provide for instruction in such branches of learning as the University may think fit, and to make provision for research and for the advancement and dissemination of knowledge;
[(1A) to make such provisions as would enable affiliated colleges and approved institutions to undertake specialisation of studies and to organise common laboratories, libraries, museums and other equipment for teaching, instruction, training and research;
(1B) to establish, maintain and manage colleges, departments and institutes for research or specialised studies;
(2) to hold examinations and to confer degrees and other academic distinctions upon-
[(a) persons who have pursued a course of study in the University or its affiliated colleges or approved institutions and appear at and pass the examinations of the University under conditions laid down in the Ordinances and Regulations;
[(b) persons who have not pursued a course of study in the University or its affiliated colleges or approved institutions, but appear at and pass the examinations of the University as non-collegiate students under such conditions as may be prescribed by the University from time to time :
Provided that such students have been residing within the State of Rajasthan for such period as may be prescribed by the University in the Ordinances and Regulations.]
[(c) Omitted.]]
(3) to confer honorary degrees or other distinctions on approved persons in the manner laid down in the Statutes;
[(4) to confer degrees, diplomas and other academic distinctions on, and to provide teaching, instruction and training for external students, in the manner prescribed by the Statutes, Ordinances and Regulations;]
[(4A) to admit colleges and institutions to the privileges of the University and to withdraw such privileges;]
(5) to institute professorships, readerships and any other teaching posts required by the University;
(6) to appoint persons as professors, readers, or otherwise as University teachers;
[(7) to inspect affiliated colleges and approved institutions and to take measures to ensure that proper standards of teaching, instruction and training are maintained in them;]
(8) to supervise and control the residence and discipline of students of the University, and to make arrangements for promoting their health and general welfare;
[(9) Omitted.]
(10) to institute and award scholarships and other benefits in accordance with the Statutes and the Regulations;
(11) to demand and receive payment of such fees and other charges as may be authorised by the Ordinances;
(12) to make grants from the funds of the University for assistance to extramural teaching;
(13) to establish and administer a University Officers' Training Corps;
(14) to co-operate with other universities and authorities in such manner and for such purposes as the University may determine; and
(15) to do all such other acts, whether incidental to the powers aforesaid or not, as may be requisite in other to further the objects of the University as an educational body, and to cultivate and promote the arts, science and other branches of learning.
[5. Territorial exercise of Powers. - The jurisdiction of the University shall extend to, and the powers conferred by or under this Act shall be exercisable in, all the University departments at Jaipur, all its constituent colleges, institutions and institutes, other than the Institute of Correspondence Studies and all other colleges, institutions and institutes situated within the Municipal limits of Jaipur, all such colleges, institutions and institutes in the State as provide instruction in various systems of medicine, all the Engineering Colleges, institutions and institutes in the State except the M.B.M. Engineering College, Jodhpur and such other colleges, institutions and institutes in the State as the State Government may, by notification in the Official Gazette, direct.]
6. (1) The offices of the University and the Senate Hall shall be located at Jaipur, which shall be the headquarters of the Vice-Chancellor.
(2) Omitted.
7. University open to all classes, castes and creed. - The University shall be open to all persons of either sex, and of whatever race, creed, caste, or class, nor shall any consideration whatsoever be paid to such distinctions in respect of any privilege, award, appointment or promotion, conferred by the University, except as may be specially provided by the Statutes, or, in respect of any benefaction accepted by the University, where such distinction is made a condition thereof by any testamentary or other instrument creating such benefaction :
Provided that nothing in this Section shall be deemed to prevent religious instruction being given in the manner prescribed by the Ordinances to those not unwilling to receive it by persons approved for that purpose by the Syndicate.
[8. Teaching of the University. - (1) All teaching recognised by the University shall be conducted either in the University or in-
(a) affiliated colleges, and
(b) approved institutions.
(2) The courses of study and curricula to be followed in the University, or its affiliated colleges may be prescribed by the Statutes & Ordinances and subject thereto, by the Regulations.]
[8A. Visitor. - (1) The President of India shall be the Visitor of the University;
(2) 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 and laboratories and equipment and of any 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 University. The Visitor shall in every case give notice to the University of his intention to cause an inspection or inquiry to be made, and University shall be entitled to be represented thereat;
(3) The Visitor may address the Vice-Chancellor with reference to the results of such inspection and inquiry, and the Vice-Chancellor shall communicate to the Senate the views of the Visitor with such advice as the Visitor may be pleased to offer upon the action to be taken thereon
(4) The Senate shall communicate through the Vice-Chancellor to the Visitor such action, if any, as it is proposed to take or has been taken upon the results of such inspection or inquiry; and
(5) Where the Senate does not, within reasonable time, take action to the satisfaction of the Visitor, the Visitor may after considering any explanation furnished or representation made by the Senate, issue such directions as he may think fit and the Senate shall comply with such directions.]
[8B. Omitted.]
OLD LAW
8B. Patron. - The Maharaj Pramukh of Rajasthan shall be the Patron of the University and shall, when present, preside at the convocations thereof.
[9. Officers of the University. - The following shall be the Officers of the University :-
(i) The Chancellor,
(ii) The Vice-Chancellor
[(ii-a) The Pro-Vice-Chancellor,]
(iii) The Registrar,
[(iii-a) The Comptroller,]
(iv) The Deans of the Faculties,
(v) The University Librarian ,and
(vi) Such other persons in the service of the University as may be declared by the Statutes to be the Officers of the University.]
[10. The Chancellor. - (1) The Governor of Rajasthan shall be the Chancellor of the University and shall, by virtue of his or her office, be the Head of the University.
(2) The Chancellor shall, when present, preside at the Convocations of the University.
(3) The Chancellor shall, by virtue of his or her office, be the Chairman of the Senate and as such shall, when present, preside at the meetings thereof.
(4) The Chancellor shall have the right to cause an inspection, to be made by such person or persons, as he or she may direct-
(a) of the University, its buildings, laboratories, libraries, museums, workshops and equipments; or
(b) of any college, institution or hostel maintained by the University; or
(c) of the teaching and other work conducted or done by the University; or
(d) of the conduct of any examination held by the University.
(5) The Chancellor shall also have the right to cause an inquiry to be made by such person or persons as he or she may direct in respect of any matter connected with the University.
(6) The Chancellor shall, in every case, give notice to the University of his or her intention to cause an inspection or inquiry to be made and the University shall be entitled to be represented at such inspection or inquiry.
(7) The Chancellor, shall communicate to the Vice- Chancellor his or her views with reference to the results of such inspection or inquiry, and the Vice-Chancellor place the same before the Syndicate for communicating the views of the University, within the time fixed by the Chancellor.
(8) After ascertaining the opinion of the University thereon, the Chancellor shall advise the University upon the action to be taken and fix a time limit for taking such action.
(9) The University, through the Syndicate, within the time limit fixed, report to the Chancellor the action taken or proposed to be taken on the advice tendered by the Chancellor.
(10) If the University does not take action within the time limit fixed, or if the action taken by the University is, in the opinion of the Chancellor, not satisfactory, the Chancellor may, after considering any explanation offered or representation made by the University, issue such direction as he or she may deem fit and the University shall comply with such direction.
(11) If the University does not comply with such direction issued as per sub-section (10) within such time as may be fixed in that behalf by the Chancellor, the Chancellor shall at his or her discretion have power to appoint any person or body to implement such direction and make such order as may be necessary for the expenses thereof.
(12) Confirmation of the making, repeal or alteration of Statutes rests with the Chancellor.
(13) The Chancellor shall have such other powers as may be conferred on him or her by this Act or the Statutes.]
[11. Omitted.]
[12. The Vice-chancellor. - (1) The Vice-Chancellor shall be a whole time paid officer of the University.
(2) No person shall be eligible to be appointed as Vice-Chancellor unless he is a distinguished academician having a minimum of ten years experience as Professor in a University or College or ten years experience in an equivalent position in a reputed research and/or academic administrative organization.
(3) The Vice-Chancellor shall be appointed by the Chancellor in consultation with the State Government from amongst the persons included in the panel recommended by the Search Committee consisting of -
(a) one person nominated by the Syndicate;
(b) one person nominated by the Chairman, University Grants Commission;
(c) one person nominated by the Chancellor; and
(d) one person nominated by the State Government, and the Chancellor shall appoint one of these persons to be the Chairman of the Committee.
(4) An eminent person in the sphere of higher education not connected with the University and its colleges shall only be eligible to be nominated as the member of the Search Committee.
(5) The Search Committee shall prepare and recommend a panel of not less than three persons and not more than five persons to be appointed as Vice-Chancellor.
(6) For the purpose of selection of the Vice-Chancellor, the Search Committee shall invite applications from eligible persons through a public notice and while considering the names of persons to be appointed as Vice-Chancellor, the Search Committee shall give proper weightage to academic excellence, exposure to the higher education system in the country and adequate experience in academic and administrative governance and record its findings in writing and enclose the same with the panel to be submitted to the Chancellor.
(7) The term of the office of the Vice-Chancellor shall be three years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier:
Provided that the same person shall be eligible for reappointment for a second term.
(8) The Vice-Chancellor shall receive such pay and allowances as may be determined by the State Government. In addition to it, he shall be entitled to free furnished residence maintained by the University and such other perquisites as may be prescribed.
(9) When a permanent vacancy in the office of the Vice-Chancellor occurs by reason of his death, resignation, removal or' the expiry of his term of office, it shall be filled by the Chancellor in accordance with sub-section (3), and for so long as it is not so filled, stop-gap arrangement shall be made by him under and in accordance with sub-section (10).
(10) When a temporary vacancy in the office of the Vice-Chancellor occurs by reason of leave, suspension or otherwise or when a stop-gap arrangement is necessary under sub-section (9), the Registrar shall forthwith report the matter to the Chancellor who shall make, on the advice of the State Government, arrangement for the carrying on of the function of the office of the Vice-Chancellor by any other Vice-Chancellor of a State University.
(11) The Vice-Chancellor may at any time relinquish office by submitting, not less than sixty days in advance of the date on which he wishes to be relieved, his resignation to the Chancellor.
(12) Such resignation shall take effect from the date determined by the Chancellor and conveyed to the Vice-Chancellor.
(13) Where a person appointed as the Vice-Chancellor was in employment before such appointment in any other college, institution or University, he may continue to contribute to the provident fund of which he was a member in such employment and the University shall contribute to the account of such person in that provident fund.
(14) Where the Vice-Chancellor had been in his previous employment, a member of any insurance or pension scheme, the University shall make a necessary contribution to such scheme.
(15) The Vice-Chancellor shall be entitled to travelling and daily allowance at such rates as may be fixed by the Syndicate.
(16) The Vice-Chancellor shall be entitled to leave as under:-
(a) leave on,full pay at the. rate of one day for every eleven days of active service; and
(b) leave on half pay at the rate of twenty days for each completed year of service:
Provided that leave on half pay may be commuted as leave on full pay on production of medical certificate.
(17) The Vice-Chancellor shall be the principal academic, administrative and executive officer of the University and shall exercise overall supervision and control over the affairs of the University. He shall have all such powers as may be necessary for true observance of the provisions of this Act and Statutes.
(18) The Vice-Chancellor shall, where immediate action is called for, have power to make an order so as to exercise any power or perform any function which is exercised or performed by any Authority under this Act or the Statutes:
Provided that such action shall be reported to the Authority as would have in the ordinary course dealt with the matter for approval:
Provided further that if the action so reported is not approved by such Authority not being the Syndicate, the matter shall be referred to the Syndicate, whose decision shall be final and in case of the Authority being the Syndicate, the matter shall be referred to the Chancellor whose decision shall be final.
(19) The Vice-Chancellor may, on being satisfied that any action taken or order made by any Authority is not in the interest of the University or beyond the powers of such Authority, require the Authority to review its action or order. In case the Authority refuses or fails to review its action or order within sixty days of the date on which the Vice-Chancellor has so required, the matter may be referred to the Syndicate or to the Chancellor, as the case may be, for final decision.]
13. Powers and duties of the Vice-Chancellor. - (1) The Vice-Chancellor shall be the principal executive and academic officer of the University. He shall, in the absence of the Chancellor, preside at any Convocation of the University. He shall be the ex-officio Chairman of the Senate, the Syndicate and the Academic Council and of any board or committee of which he is a member. He shall be entitled to be present and to speak at any meeting of any authority or other body of the University, but shall not be entitled to vote thereat unless he is a member.
(2) It shall be the duty of the Vice-Chancellor to see that this Act, the Statutes and the Ordinances are faithfully observed, and he shall have all powers necessary for this purpose.
(3) He shall have power to convene meetings of the Senate, the Syndicate and the Academic Council, and joint meetings of Faculties.
(4) (a) He may take action in any emergency which, in his opinion, calls for immediate action. He shall, in such a case, and as soon as may be thereafter, report his action to the officer, authority or other body who or which would ordinarily have dealt with the matter.
(b) When action taken by the ViCe-Chancellor under clause (a) affects any person in the service of the University, such person shall be entitled to prefer an appeal to the Syndicate within fifteen days from the date on which such actions is communicate to him.
(5) He shall give effect to any order of the Syndicate regarding the appointment, dismissal or suspension of an officer or teacher of the University.
[(6) He shall exercise general control in the University and all powers of discipline shall be vested in him.]
(7) He shall exercise such other powers as may be prescribed by the Statutes and the Ordinances.
[13A. The Pro-Vice-Chancellor. - (1) The Pro-Vice-Chancellor may be a whole-time or part-time officer of the University and shall be appointed by the Chancellor in consultation with the Vice-Chancellor.
(2) The Pro-Vice-Chancellor shall hold office for a period of three years and shall be eligible for re-appointment for a second term and such re-appointment shall be made in the manner prescribed in sub-section (1) :
Provided that no person shall be appointed as Pro-Vice-Chancellor for me than two terms :
Provided further that notwithstanding the expiry of his term, the Pro-Vice-Chancellor shall continue to hold his office until his successor is appointed and enters upon his office.
(3) The emoluments and other conditions of service of the Pro-Vice-Chancellor shall be such as may be prescribed by the Statutes :
Provided that the emoluments and the conditions of service of the first Pro-Vice-Chancellor shall be such as are specified by the Chancellor.
(4) The Pro-Vice-Chancellor may, at any time, relinquish his office by submitting, not less than sixty days in advance of the date on which he wishes to be relieved, his resignation to the Vice-Chancellor, or if there be no Vice-Chancellor, to the Chancellor.
(5) Subject to the control and supervision of the Vice-Chancellor, the Pro-Vice-Chancellor shall exercise the powers and perform the functions as specified below :
(a) Implementation of decisions taken by various bodies of the University, such as the Senate, the Syndicate and the Academic Council;
(b) Attending to all matters relating to affiliated colleges;
(c) Appointment of clerical staff of the University except those for which powers have been delegated to the Registrar;
(d) Disciplinary powers in respect of above staff;
(e) Attending to all matters relating to students' welfare etc; and
(f) Perform such other duties and functions and exercise such other powers as the Vice-Chancellor may specify in general or in individual cases and shall assist the Vice-Chancellor in all matters, academic and administrative.]
[14. The Registrar. - (1) The Registrar shall be appointed by the Syndicate on the recommendation of a Selection Committee consisting of the following :-
See Sections 3, 4 and 5 of the Rajasthan Universities' Teachers and Officers (Special conditions of Service) Act of 1974 as amended vide Act of 1976.
(2) The emoluments and conditions of service of the Registrar shall be .such as may be determined by the Syndicate.
(3) The Registrar shall be ex-officio Secretary of the Senate, the Syndicate and the Academic Council, but shall not be a member of the Syndicate and the Academic Council.]
15. Duties of the Registrar. - The Registrar shall be the custodian of the records and of the common seal of the University on behalf of the Syndicate. He shall act as the Secretary of the Senate, the Syndicate and the Academic Council. He shall perform such other duties as may be prescribed by the Statutes and the Ordinances or required, from time to time, by the Syndicate or by the Vice-Chancellor.
[16. Other Officers. - The mode of appointment and the functions of the officers of the University, other than the Chancellor, in so far as they are not prescribed herein, shall be prescribed by the Statutes and the Ordinances.]
[17. Authorities of the University. - The following shall be the authorities of the University, namely :-
(i) the Senate,
(ii) the Syndicate,
(iii) the Academic Council,
(iv) the Faculties,
(v) the Board of Studies,
(vi) the Board of Inspection, and
(vii) such other bodies of the University as may be declared by the Statutes to be the authorities of the University.]
[18. The Senate-Composition and term of office. - (1) The Senate shall consist of the following persons, namely :-
I. ex-officio Members
(i) the Chancellor,
(ii) the Vice-Chancellor,
[(iia) The Pro-Vice-Chancellor,]
(iii) all former Vice-Chancellors,
(iv) Vice-Chancellors of other Universities in Rajasthan,) the Registrar,
(vi) the Deans of Faculties,
(vii) the Minister for Education, Rajasthan,
(viii) the Chairman, Board of Secondary Education, Rajasthan,
(ix) the Director of College Education, Rajasthan,
(x) the Director of Education (Primary and Secondary) or where the post of such Director is in abeyance, the Additional Director of Education (Primary and Secondary), Rajasthan, or any such officer by whatever name designated, who is for the time being appointed by the State Government to discharge the duties and perform the functions of such Director,
(xi) the Director of Technical Education, Rajasthan,
(xii) the Members of the Syndicate,
(xiii) the Heads of University Departments of the status of a Professor or a Reader,
[(xiii-A) the President of the Central Union (Students)of the University,]
(xiv) such other ex-officio members, not exceeding four, as may be provided for in the Statutes.
II. Life Members
(xv) every person who has made a donation to the University at any one time of an amount of or of property valued at one lakh of rupees or more, or a representative nominated in this behalf by such person during his life time :
Provided that in the case of the donor being a corporate body, the membership shall last for a period of 20 years from the date of acceptance by the University of such donation.
III Other Members
(xvi) three members, not below the rank of the Head of the following Departments, to be nominated by the State Government by rotation :-
(i) Medical,
(ii) Industries and Commerce
(iii) Forest,
(iv) Public Works,
(v) Mines and Geology, and
(vi) Development and Planning,
(xvii) five Principals of Post-Graduate Colleges, elected by the Principals of Post-Graduate Colleges,
(xviii) two members of the State Legislature nominated by the Speaker,
(xix) four persons elected by the Academic Council from amongst its members,
(xx) four persons, not being teachers, elected by the registered graduates of the University from amongst themselves,
(xxi) two Principals of Degree Colleges, elected by the Principals from amongst themselves in the manner prescribed by the Statutes,
(xxii) one Principal of a Medical College, nominated in rotation by the Vice-Chancellor,
(xxiii) one Principal of an Engineering College, nominated in rotation by the Vice-Chancellor,
(xxiv) one Principal of a Teachers' Training College, nominated in rotation by the Vice-Chancellor,
[(xxv) (a) fifteen persons elected by the teachers, other than Heads of University Departments, Directors, Deans, Principals from amongst themselves. Out of this fifteen, five persons shall be elected separately by the said teachers in University teaching departments and constituent colleges from amongst themselves and the rest ten separately by the said teachers of affiliated colleges from amongst themselves,.]
[(b) Omitted.]
(xxvi) persons who have rendered distinguished service to education, not exceeding four in number, nominated by the Chancellor,
(xxvii) persons not exceeding four in number, nominated by the State Government, and
[(xxviii) (a) ten persons elected as follows :
(1) three internal students shall be elected by the Presidents of the Students Unions of University teaching departments and constituent colleges and ten representatives, including the President of the Central Union of the University, elected by the Executive of the Central Union;
(2) three internal students shall be elected by the Presidents of the Students Unions of Affiliated Colleges; and
(3) four persons shall be elected from amongst themselves by :-
(i) the internal students, who have obtained highest percentage of marks in various subjects at the post-graduate (pervious) examinations of the University in the preceding year;
(ii) the internal students, who have obtained highest percentage of marks in various University examinations at under-graduate and degree level in the preceding year; and
(iii) two representatives, elected from amongst themselves by the registered scholars, in University teaching departments, constituent colleges and affiliated colleges, who are not employed in University teaching departments, constituent colleges and affiliated colleges.
(b) A person, other than a registered scholar as mentioned in sub-clause (a) (3) (iii), who has passed High School Examination more than eight years ago or Pre-University examination more than seven years ago or has taken or is likely to take more than one year in excess of the period prescribed for the course of which he has been or is an internal student or has not been an internal student of the University for at least one year shall not be so elected under sub-clause (a).
(c) He shall automatically cease to be a member of the Senate on his ceasing to be an internal student or a registered scholar or holding the office, which entitles him to be elected as such, as the case may be.
Explanation : The election of the persons under clauses (xxv) and (xxviii) shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.]
[(2) Members of the Senate, other than ex-officio members, life members and other members elected under clauses (xxv) and (xxviii) of sub-division III of sub-section (I) shall hold office for a period of five years. The other members elected under clause (xxv) shall hold office for a period of three years and other members elected under clause (xxviii) shall hold office for one year from the date of election or until fresh elections are held, whichever is earlier;
Provided that the members continue to be internal students and fulfil the conditions as laid down in sub-clauses (b) and (c) of clause (xxviii) of sub-section (1) above; the burden of proof that the member continues as such and fulfils the requisite condition shall be on the student concerned and he may be required to produce a certificate to that effect through the Head of the Institution.
Provided further that on the similar conditions and certification the existing Student Senators elected for the Academic Session 1972-73 will continue to be members beyond 30th June, 1973 till fresh elections are held.]]
19. Meetings of the Senate. - (1) The Senate shall, on a date to be fixed by the Vice-Chancellor, meet once a year at a meeting to be called the annual meeting of the Senate.
(2) The Vice-Chancellor may, whenever he thinks fit, and shall upon a requisition in writing signed by not less than twenty-five members of the Senate, convene a special meeting of the Senate.
20. Functions of the Senate. - Subject to the provisions of this Act, the Senate shall perform the following functions
(a) of making Statutes, and of amending and repealing Statutes, subject to confirmation by the Chancellor;
(b) of considering and cancelling Ordinances; and
(c) of considering and passing resolutions on the annual report, the annual accounts and the financial estimates; and shall. perform such other functions as may be defined by this Act or the Statutes.
[21. Syndicate. - (1) The Syndicate shall be the executive body of the University and shall consist of the following persons, namely :-
(i) Vice-Chancellor;
[(ia) The Pro-Vice-Chancellor,]
(ii) Pro-Vice-Chancellor;
(iii) two persons nominated by the Vice-Chancellor from amongst the Deans of Faculties;
(iv) two University Professors nominated by the Vice-Chancellor other than Deans;
(v) one educationist nominated by the Chancellor;
(vi) two Principals to be nominated by the State Govern¬ment;
(vii) Director, College Education, Rajasthan;
(viii) two persons to be nominated by the State Government;
(ix) two teachers, who have put in not less than seven years teaching experience in the institutions of higher education in Rajasthan on 1st January immediately preceding the year in which elections are held, other than University Professors, Deans, Principals of affiliated/constituent colleges, to be elected by the teachers separately from amongst themselves as below :
(a) one teacher to be elected from amongst themselves by the teachers of the University teaching departments and constituent colleges;
(b) one teacher to be elected from amongst themselves by the teachers of the affiliated colleges;
(x) two members of the State Legislature to be nominated by the State Government;
(xi) (a) one person elected by the Senate from amongst the students of the University teaching departments and constituent colleges who are elected as 'other members' of the Senate under clause (xxviii) of sub-division III of sub-section (1) of section 18 and the ex-officio member of the Senate under clause (xiii-A) of sub-division I of sub-section (1) of the said section;
(b) one person elected by the Senate from amongst the students of all affiliated colleges who are elected as `other members' of the Senate under clause (xxviii) of sub-division III of sub-section (1) of Section 18.
Explanation : The student members elected under clause (xi) shall not be associated with the-
(a) appointment of examiners;
(b) finance;
(c) selection of the employees of the University.
(2) The members of the Syndicate, other than the Vice-Chancellor and the Director, College Education shall hold office for a period of three years from the date of their nomination or election, as the case may be.]
[22. Syndicate-Functions. - Subject to such conditions as may be prescribed by or under the provisions of this Act, the Syndicate shall exercise the following powers and perform the following functions, namely :-
(a) to make, amend and cancel Ordinances;
(b) to hold, control and administer property and funds of the University;
(c) to accept, on behalf of the University donations, bequests or transfer of movable or immovable property;
(d) to administer any funds or resources placed at the disposal of the Univerity for specific purposes;
(e) to invest moneys belonging to the University
(f) to enter into, very, carry out confirm and cancel contracts on behalf of the University;
[(ff) on the security of the property of the University or on any other security and subject to the prior concurrence of the State Government, to borrow money or raise public loans for the purpose of the University;]
(g) subject to the provisions of this Act and the Statutes, to appoint officers (other than the Chancellor, Vice-Chancellor and Deans of Faculties), teachers, [and to define their duties, emoluments and conditions of service;]
(h) to determine the form, provide for the custody, and regulate the use of the common seal-of the University;
[(i) Subject to the Statutes, to inspect and to affiliate, recognise or approve colleges and hostels or institutions, and to with¬draw affiliation, recognition or approval from them;]
(j) to arrange for the holding of examinations and publishing results thereof;
(k) to maintain proper standards of teaching and examination in consultation with the Academic Council; and
[(l) to recommend minimum scales of salaries of teachers in colleges.]]
[(m) Omitted.]
[23. Academic Council-Composition and term office. - (1) The Academic Council shall be the Academic body of the University and shall consist of the following persons, namely :-
(i) the Vice-Chancellor,
[(ia) The Pro-Vice-Chancellor,]
(ii) the Deans of Faculties,
(iii) the Heads of University Departments of the status of a Professor or a Reader.
(iv) the Conveners of the Boards of Studies, and
(v) five persons co-opted by the Academic Council who possess special attainments in particular studies and who are not teachers in the University or any affiliated college or approved institution.
(2) The term of office of the members of the Academic Council, other than ex-officio members, shall be three years.]
[23A. Academic Council Functions. - (1) The Academic Council shall have control and general regulation of and be responsible for the maintenance of the standards of teaching and examination within the University.
(2) Without prejudice to the generality of the foregoing provision and subject to such conditions as may be prescribed by or under the provisions of this Act, the Academic Council shall exercise the following powers and perform the following functions, namely :-
(i) subject to the approval of the Syndicate, to make, amend and cancel Regulations laying down courses of study and curricula;
(ii) to propose to the Syndicate, Ordinances concerning admission to the University or to its examinations, courses of study & curricula, schemes of examination and attendance; provided that proposals regarding courses of study and curricula and schemes of examination shall be made after considering the reports, when necessary, of the Faculty or of Faculties concerned;
(iii) to make proposals regarding the maintenance of standards of teaching and examination;
(iv) to advise the Syndicate regarding the institution of University teaching posts in particular subject;
(v) after considering the recommendations of the Faculty concerned, to advise the Syndicate regarding the institution of Boards of Studies and their strength;
(vi) to advise the Syndicate regarding University fees;
(vii) to advise the Syndicate regarding equivalence of examinations and recognition of the examinations of other bodies;
(viii) to advise the Syndicate regarding the University Library and the appointment of a University Library Committee;
(ix) to advise the Syndicate regarding the conditions of award and tenure of University scholarships and other benefits;
(x) to refer matters to Faculties and Boards of Studies;
(xi) to promote research; and
(xii) to advise the Syndicate regarding all other academic matters.]
[24. Faculties Number. - The University shall include the Faculties of :-
(1) Arts;
(2) Social Sciences;
(3) Science;
(4) Commerce;
(5) Law;
(6) Medicine and Pharmaceutics;
(7) Engineering and Technology;
(8) Ayurveda
(9) Education; and
(10) Such other Faculties as may be prescribed by the Statutes.]
[24A. Faculties Commission and term of office. - (1) The Faculties of Arts, Science and Commerce shall consist of the following :-
(i) the Dean of the Faculty;
(ii) University Professors and Readers in the subjects assigned to the Faculty;
(iii) all Heads of departments within the Faculty in the colleges affiliated upto the degree standard, provided they have at least 8 years experience of teaching degree classes in subject of the Faculty;
(iv) members co-opted by the Faculty concerned from among teachers in affiliated colleges within the Faculty, the number of such members not to exceed five in the case of the Faculty of Arts and not to exceed two in the case of each of the Faculties of Science and Commerce;
(v) members co-opted by the Faculty concerned from among persons, who are not teachers in the University or in any of its affiliated colleges, the number of such members not to exceed five in the case of the Faculty of Arts and not to exceed three in the case of each of the Faculties of Science and Commerce; and
(vi) the Conveners of the Boards of Studies in the Faculty, who are not otherwise included under the foregoing clauses.
(2) The Facilities of Engineering and Technology, Medicine and Pharmaceutics and Education shall consist of the following :-
(i) the Dean of the Faculty;
(ii) University Professors and Readers in the subjects assigned to each Faculty;
(iii) Heads of departments within each Faculty in degree colleges; and
(iv) three persons not being teachers within the Faculty to be co-opted by the Faculty concerned.
(3) The Faculty of Law shall consist of the following :-
(i) the Dean of the Faculty;
(ii) University Professors and Readers in the subjects assigned to the Faculty;
(iii) Principals of separate Colleges of Law;
(iv) the Head of the Department of Law being a whole-time teacher of Law from each college, which is not a separate Law College;
(v) two teachers of Law in the University to be co-opted by the Faculty; and
(vi) three persons not being teachers in the University or any of its affiliated colleges to be co-opted by the Faculty.
(4) The composition of other Faculties shall be prescribed by the Statutes.
(5) The members of a Faculty, other than ex-officio members. shall hold office for a period of 3 years.
[24B. Deans of Faculties. - (1) There shall be a Dean of each Faculty who shall be appointed by the Vice-Chancellor in the following order of preference, namely :-
(a) for the Faculties of Arts, Science, Social Sciences and Commerce :-
(i) University Professors or Principals of Post-Graduate Colleges.
(ii) University Reader in subjects in which there are no University Professors.
Note : - The Principal or the teacher to be appointed as Dean must profess a subject included in the Faculty concerned.
(b) for the Faculty of Law :-
(i) University Professors of Law a or Principals of Law Colleges;
(ii) University Readers in Law in case there is no University Professor;
(iii) Heads of the Departments of Law, being whole-time teachers of law, in affiliated colleges which are not separate law colleges, not below the rank of Professors.
(c) for the Faculties of Ayurveda, Engineering & Technology, Medicine & Pharmaceutics and Education :-
(i) University Professors or Principals of post-graduate colleges in the Faculty concerned;
(ii) Heads of Departments of subjects of the rank of Professors in the Faculty concerned.
(d) For other Faculties :- The qualifications and conditions of eligibility of the Deans of other Faculties shall be prescribed by the Statutes.
(2) The Deans shall hold office for a period of three years and no person shall be eligible for re-appointment until a period of atleast three years has lapsed after the expiry of his last term.]
24C. Functions of Deans of Faculties. - (1) The Dean of a Faculty shall be responsible for the due observance of the Statutes, Ordinances and Regulations relating to that Faculty.
(2) The Dean shall preside at the meetings of the Faculty and shall record its proceedings.
(3) The Dean shall have the right to be present and speak at the meetings of the Boards of Studies relating to his Faculty but not to vote thereat unless he is a member thereof.
24D. Functions of the Faculties. - Each Faculty shall exercise the following functions, namely :-
(a) to recommend to the Academic Council courses of study and curricula and schemes of examinations, after consulting the Boards of Studies;
(b) to recommend to the Syndicate through the Academic Council what Boards of Studies should be instituted and the strength of such Boards, and to constitute them as provided in Section 24-E;
(c) to recommend to the Academic Council conditions for the award of degrees and other academic distinctions;
(d) to co-ordinate work in the subjects assigned to the Faculty;
(e) to organise research, or to secure co-ordination therein when desirable;
(f) to deal with any matter referred to it by the Academic Council or the Syndicate;
(g) to remit matters to Boards of Studies;
(h) to consider any matter within its purview referred to it by a Board of Studies;
(i) to hold meetings with the sanction of the Vice-Chancellor jointly with any other Faculty or Faculties, such joint meetings to be convened by the Vice-Chancellor and to be presided over by him or by a Dean nominated by him; and
(j) to discharge such other functions as may be prescribed by the Stsutes.
24E. Boards of Studies Number, composition and term of office - (1) There shall be a Board of Studies for each subject or group of subjects. The number of the Boards of Studies in each Faculty as also the number of members of each Board shall be determined by the Syndicate on the recommendation of the Academic Council and the Faculty convened.
(2) The Boards of Studies shall be constituted by the Faculty concerned for a period of three years.
(3) In the Faculties of Arts, Science, Commerce and Law, the members of a Board shall not execeed;-
(a) seven in the case of a Board dealing upto post-graduate studies; and
(b) five in other cases.
(4) The Faculties of Engineering and Technology, Medicine and Pharmaceutics and Education shall have one Board each. The number of members in the Board of Studies relating to the Faculty of Education shall not exceed five and in each or the other two Boards, eleven.
[(5) Omitted.]
(6) There shall be atleast one and not more than two external members on each Board consisting of five or less than five members and atleast two and not more than three external members on each Board consisting of more than five members.
(7) In the case of a Board dealing upto post-graduate studies, there shall be atleast three internal members who shall be heads of post-graduate departments, or post-graduate teachers to the extent the number of such heads is less than three in the University or in affiliated colleges or approved institutions.
(8) Each Board shall have a convener appointed by itself in the following order of preference from among its internal members, namely :
(i) University Professors;
(ii) Principals of post-graduate colleges being heads of departments or Principals of degree colleges who have held the office of the Principal of a post-graduate college and head of a department for at least five years;
(iii) University Readers in subjects in which there is no University Professor;
(iv) Principals of degree colleges being heads of departments;
(v) Heads of post-graduate departments in colleges; and
(vi) Heads of degree departments in colleges.
[(vii) Omitted.]
[Explanation :-"Internal member" means a member who is a teacher in the University or in an affiliated college or an approved institution; and "external member" means one who is not an internal member.]
24F. Boards of Studies-Functions. - (1) The Boards of Studies shall recommend courses of study and curricula in their respective subjects and shall advise on all matters relating thereto referred to them by the Syndicate or the Academic Council or the Faculty concerned;
(2) A Board of Studies may bring to the notice of the Academic Council or the Syndicate matters connected with examination in its subject or subjects and may also address the Faculty concerned on any matter connected with the improvement of the courses therein;
(3) Any two Boards of Studies may, with the consent of the Vice-Chancellor, and shall at the request of the Academic Council or the Syndicate, jointly meet and act in concurrence and render a joint report upon any matter which lies within the province of both. In such cases the joint meeting shall elect its own Chairman from among the two conveners. The quorum of a joint meeting of the Board must include a full quorum of each Board represented, no member present being counted on more than one separate quorum; and
(4) The Boards of Studies shall prepare panels of examiners in their respective subjects in accordance with the Statutes.
[24G Omitted.]
[24H Omitted.]
[24I. The Board of Inspection Composition. The Board of Inspection shall consist of the following namely :-
(i) the Vice-Chancellor;
(ii) the Director of Education, Rajasthan; and
(iii) the Deans of Faculties.]
24J. The Board of Inspection-Functions. - (1) The Board shall deal with applications for affiliation. recognition or approval of colleges and institutions within the territorial jurisdiction of the University, arrange for their inspection in the manner prescribed by the Statutes, and make recommendations to the Syndicate in regard to their affiliation, recognition or approval, as the case may be;
(2) The Board shall appoint two committees consisting of five members each, one to deal with applications for affiliation of colleges and another to deal with applications for approval of institutions. The committees shall be appointed for a period of three years; and
(3) Subject to approval by the Syndicate, the Board may make rules for the approval, recognition and affiliation of institutions and colleges.
24K. Other Boards. - (1) The University shall establish a Research Board, a Publication Board, a Board of Sports, a Health and Residence Board and such other Boards as may be prescribed by the Statutes.
(2) The powers and functions of the Boards established under sub-section (1) shall be as prescribed by the Ordinances.
24L. Autonomy of Approved Institutions. Subject to the general powers of inspection, supervision and calling of periodical returns, to be exercised by the University in accordance with the Statutes, approved institution shall enjoy full autonomy in the matter of prescribing their courses of study and curricula, organisation of their work and in all other academic and administrative matters.
[24M. Privileges of Approved Institution. While granting recognition the Syndicate shall specify the status of an approved institution as a post-graduate or degree college, as the case may be, and members of the staff of such institution shall then enjoy the same rights and privileges as are allowed under his Act and the Statutes, Ordinances, Regulations and Rules made thereunder to members of the staff of a college of equal status in the University in respect o membership of an authority or body of the University or for appointment at an officer of or an examiner in the University.]
24N. Recognition of examinations conducted by Approved Institutions. The Syndicate shall have power to recognise any degree, diploma or certificate granted by an approved institution as equivalent to a corresponding degree, diploma or certificate of the University. The University shall for this purpose, prescribe by Statutes the conditions and the manner according to which an approved institution shall bold its examinations.]
[25. Omitted.]
[26. Omitted.]
[27. Statutes-Scope. Subject to such conditions as may be prescribed by or under the provisions of this Act, Statutes may, consistently with this Act, provide for all or any of the following matters, namely :
(1) conferment of honorary degrees;
(2) holding of convocation to confer degrees;
(3) powers and functions of the officers of the University and their mode of appointment, save as provided in this Act;
(4) constitution, powers and functions of the Authorities, Boards and Committees of the University, save as provided in this Act;
(5) institution and maintenance by the University of departments, colleges, institutes of research or specialised studies and hostels;
(6) fees to be charged for courses of study and curricula prescribed by the University and for admission to its examinations, degrees and diplomas;
[(7) inspection and recognition, affiliation or approval of hostels, colleges and institutions;]
(8) conditions governing the appointment, duties and remuneration of examiners;
(9) acceptance and management of bequests, donations and endowments;
(10) registration of graduates and maintenance of the register of registered graduates;
(11) procedure at meetings of the Senate and transaction of its business;
(12) constitution of pension, insurance, gratuity and provident fund for the benefit of officers, teachers, clerical and inferior staff of the University;
(13) terms and vacations of the University;
[(13A) provision for the establishment of the Co-ordination Committee to consider the matters of common interest between the University, other Universities and the State Government;]
(14) degrees, diplomas and other academic distinctions to be awarded by the University; and
(15) all matters which by this Act, are to be or may be prescribed by Statutes, or which are dealt with in the statutes set out in the Schedule to this Act.]
28. Statutes how made. - (1) On the commencement of the Act, the Statutes of the University shall be those set out in the Schedule.
(2) The Statutes may be amended, repealed or added to by Statutes made by the Senate in the manner hereinafter appearing.
(3) The Syndicate may propose to the Senate the draft of any Statute to be passed by the Senate. Such draft shall be considered by the Senate at its next meeting. The Senate may pass the Statute, or a part of it, in the form in which it has been proposed or may reject the Statute, or part of it, or may return the Statute to the Syndicate for reconsideration, either in whole or in part, together with any amendment which the Senate may suggest.
(4) Where any Statute or part of a Statute has been returned to the Syndicate for reconsideration, the Syndicate will formulate its opinion, which will be placed before the Senate at its next meeting.
(5) Where any Statute has been passed or a draft of a Statute or part thereof has been rejected by the Senate, it shall be submitted to the Chancellor, who may refer the Statute or draft back to the Senate for further consideration or, in the case of Statute passed by the Senate, assent thereto or with-hold his assent. A Statute passed by the Senate shall have no validity until it has been assented to by the Chancellor.
(6) The Syndicate shall not propose the draft of any Statute affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion upon the proposal. Any opinion so expressed shall be in writing and shall be considered by the Senate, and shall be submitted to the Chancellor along with the Senate's decision in respect of the draft Statute.
(7) Any member of the Senate may propose to the Senate the draft of any Statute and the Senate may refer such draft for consideration to the Syndicate, which may either reject the proposal or submit the draft to the Senate in such form as Syndicate may approve, and the provisions of this Section shall apply in the case of any draft so submitted as they apply in the case of draft proposed to the Senate by the Syndicate.
[29. Ordinances Scope. Subject to such conditions as may be prescribed by or under the provisions of this Act, the Syndicate may make Ordinances consistent with this Act and the Statutes, to provide for all or any of the following matters, namely
(1) courses of study and curricula to be laid down for all degrees and diplomas of the University;
(2) conditions under which students shall be admitted to courses of study and curricula and examinations for degrees, diplomas and other academic distinctions;
(3) conditions of residence, conduct and discipline of students of the University;
(4) conduct of examinations;
(5) recognition of supervisors for guiding research;
(6) emoluments and conditions of service of University teachers;
(7) mode of execution of contracts for, or on behalf of the University;
[(8) rules to be observed and enforced by affiliated colleges in respect of transfer of students;]
(9) all matters which by this Act or the Statutes are to be or may be provided for by Ordinances; and
(10) generally all matters for which provision is, in the opinion of the Syndicate, necessary for the exercise of the powers conferred or the performance of the duties imposed upon the Syndicate by this Act or the Statutes.]
30. Ordinances how made. - (1) Save as otherwise provided in this Section, Ordinances shall be made by the Syndicate, provided that no Ordinance concerning admission to the University or to its examinations, courses of study, scheme of examination, attendance, and appointment of examiners shall be considered unless a draft of such Ordinance has been proposed by the Academic council.
(2) The Syndicate shall not have power to amend any draft proposed by the Academic Council under the provisions of sub-section (1), but may reject it or return it to the Academic Council for reconsideration either in whole or in part, together with any amendment which the Syndicate may suggest.
(3) All Ordinances made by the Syndicate shall be submitted to the Senate, and shall be considered by the Senate at its next meeting. The Senate shall have power, by a resolution passed by a majority of not less than two-thirds of the members voting, to cancel any Ordinance made by the Syndicate and such Ordinance shall, from the date of such resolution, be void.
[31. Regulations. The Academic Council may, subject to the approval of the Syndicate, make Regulations, consistent with this Act, the Statutes and the Ordinances, providing for. all matters which by this Act, the Statutes or the Ordinances are to be provided for by Regulations and for all other matters solely lying with its purview.]
[31A. Rules. Any Authority of the University specified in clauses (iv), (v), (vi) and (vii) of Section 17, and any other board of the University may, subject to the approval of the Syndicate, make Rules, consistent with this Act and the Statutes, Ordinances and Regulations, providing for all matters solely concerning the conduct of its own business.]
32.Affiliated Colleges. The affiliated colleges shall be such as may after the commencement of this Act, be recognised by the Syndicate in accordance with this Act and Statutes, but shall include all colleges recognised at the commencement of this Act as colleges of the University so long as such recognition continues.
[33. Omitted.]
[34. Committee for selection of examiners. - (1) Examiners shall be appointed by the Syndicate on the recommendation of the Committee for the selection of examiners.
(2) If any examiner is unable to act for any cause and fresh appointment cannot be made in time in the manner prescribed by sub-section (1), the Vice-Chancellor shall have power to appoint another examiner to fill the vacancy and shall communicate such appointment to the Syndicate.
(3) The Syndicate shall not make any change in the recommend¬actions made by the Committee with regard to the appointment of examiners except after recording specific reasons for any such change.
(4) The Committee for the selection of examiners in each subject or a group of allied subjects shall consist of
(i) the Vice-Chancellor;
(ii) the Dean of the Faculty concerned;
(iii) the Convener of the Board of Studies concerned; and
(iv) one member other than the Convener of the Board of Studies concerned to be elected by the Board every year.
34A. Committee for the conferment of honorary degrees. - (1) There shall be a standing committee for the conferment of honorary degrees consisting of the following namely :-
(i) the Vice Chancellor;
(ii) the Chief Justice of the High Court of Rajasthan; and
(iii) the Dean of the Faculty concerned.
(2) No honorary degree, diploma or other academic distinction shall be conferred on any person unless the proposal for the conferment thereof has been:-
(a) originally made by the said Committee;
(b) approved of by the Syndicate;
(c) passed by the Senate; and
(d) confirmed by the Chancellor.
Provided that, in cases of emergency, such proposal may be confirmed by the Chancellor on the recommendation of the said Committee, if the recommendation has been approved by the Syndicate.]
[34B. Omitted.]
35. Finance. Subject to the provisions of this Act, the funds of the University shall be provided and administered in the manner prescribed in the Statutes.
[35A. Accounts and audit. – (1) The annual accounts and balance sheet of the University shall be prepared by the Comptroller under the direction of the Vice-Chancellor and all moneys accruing to or received by the University from whatever source and all amount disbursed or paid shall be entered in the accounts.
(2) The Comptroller shall before such date as may be prescribed by the Statutes, prepare the budget estimates for the ensuing year.
(3) The annual accounts and the budget estimates prepared by the Comptroller shall be placed before the Board together with the remarks of the Finance Committee for approval and the Board may pass resolution with reference thereto and communicate the same to the Comptroller who shall take action in accordance therewith.
(4) The annual accounts shall be audited in the prescribed manner by such auditors as the State Government may direct and the cost of such audit shall be a charge on the University fund.
(5) The accounts when audited shall be printed and copies thereof, together with the audit report, shall be submitted by the Vice-Chancellor to the Board which shall forward them to the State Government with such comments as may be deemed necessary.
(6) The University shall settle objection raised in the audit and carry out such instructions as may be issued by the State Government on the audit report.
35B. Control of the State Government. - Where the State Government funds are involved, the University shall abide by the terms and conditions attached to the sanction of such funds which may inter alia include prior permission of the State Government in respect of the following, namely:-
(a) creation of the new posts of teachers, officers or other employees;
(b) revision of the pay, allowances, post-retirement benefits and other benefits to its teachers, officers and other employees;
(c) grant of any additional or special pay, allowance or other extra remuneration of any description whatsoever, including ex-gratia payment or other benefits having financial implications, to any of its teachers, officers or other employees;
(d) diversion of any earmarked funds other than the purpose for which it was received;
(e) transfer by sale, lease, mortgage or otherwise of immovable property;
(f) incur expenditure on any development work from the funds received from the State Government for any purposes other than for which the funds are received; and
(g) take any decision resulting in increased financial liability, direct or indirect, for the State Government.
Explanation:- The above conditions shall also apply in respect of the posts created from any other fund, which may, in the long term, be likely to cause financial implications to the State Government.
35C. Assumption of financial control by the State Government as emergency measure. - (1) The State Government shall have the right to cause an inquiry to be made, by such person or persons as it may direct, and to issue directions to the University, in respect of any matter connected with the finances of the University where State Government funds are concerned.
(2) If the State Government is satisfied that owing to mal-administration or financial mismanagement in the University a situation has arisen whereby financial stability of the University has become insecure, it may, by a notification, declare that the finances of the University shall be subject to the control of the State Government and shall issue such other directions as it may deem fit for the purpose and the same shall be binding on the University.]
36. Removal of names of registered graduates. The Syndicate shall, with the concurrence of not less than two-third of the members of the Senate, have power to remove the name of any person from the register of registered graduates.
37. Filling of casual vacancies. - (1) 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 conveniently may be, 'by the person or body who appointed, elected or co-opted 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 that member's term of membership.
(2) No act or proceeding of any authority, board or committee of the University shall be invalidated by any vacancy in that body.
38. Provident Fund. The University shall constitute 4 provident fund for the benefit of its officers, teachers, clerical staff and servants in such manner and subject to such conditions as may be prescribed by the Statutes.
[39. Restrictions on period of office of certain members of University Authorities. Notwithstanding anything contained in this Act or the Statutes thereunder, a person nominated or elected to be a member of any of the University AuthOrities specified in Section 17 in his capacity as the member of a particular body or as the holder of a particular appointment shall hold office so long only within the period of office prescribed by this Act or the Statutes thereunder for the members of such Authority as he continues to be the member of that body or the holder of that appointment, as the case may be.]
[40. Registrar not to accept any remunerative work. The Registrar shall not be offered nor shall he accept any remuneration for any work in the University :
Provided that nothing in this section shall in any way affect his emoluments and conditions of service determined under sub-section (2) of Section 14.]
[41. Members of the Syndicate not to get remuneration. No member of the Syndicate shall get any remuneration for any work done by him for the University, whether as an examiner or as a tabulator. If, however, a member of the Syndicate is specially invited to become an examiner, the maximum amount of remuneration payable to him shall not exceed one hundred rupees.]
[42. Books written by a member of the Board of Studies not to be prescribed. No book written or published by any person who is the members of a Board of Studies of the University shall be prescribed or recommended for study for any examination of the University so long as such person remains a member of the Board.
43. Books prescribed or recommended not to be changed. No book prescribed or recommended for any examination of the University shall ordinarily be changed before a period of five years.
44. Reference to Government officers to be construed in case of change of designation as reference to corresponding officers. Where any provision of this Act or of the Statutes, Ordinances, Regulations or Rules refers to any officer of the Government by designation, then, if that designation is altered or that office ceases to exist, the reference shall be construed as a reference to the altered designation, or, as the case may be, to such corresponding officer as the Government may direct.
45. Removal of difficulties. If any difficulty arises as to the first constitution or reconstitution of any Authority of the University after coming into force of this Act or otherwise in first giving effect to the provisions thereof and in giving effect to the provisions of the University of Rajasthan (Amendment) Ordinance, 1987 the Government as occasion may require, may in consultation with the Vice-Chancellor, by order, do anything which appears to it necessary for the purpose of removing the difficulty.
45A. Special provision. Notwithstanding anything contained in any law for the time-being inforce, the Chancellor may, in order to give effect to the provisions of the University of Rajasthan (Amendment) Ordinance, 1987, in consultation with the State Government, make such orders, as are deemed necessary, for the transfer of:-
(a) any officer, teacher, employee or servant,
(b) any movable or immovable property or any rights or interest therein,
(c) any fund, grant, contribution donation, aid or benefaction received, accrued or promised,
(d) any dues, liabilities or obligations incurred or lawfully subsisting in favour of or against the University
(e) any will, deed or other document containing any request, gift or trust;
from the University to any other University on such terms and conditions as may be determined in the orders.]
[46. Interpretation. The provisions of the General Clauses Act, 1897, of the Central Legislature, shall mutatis mutandis apply so far as may be, to this Act and to the Statutes, Ordinances, Regulations and Rules thereunder in the same manner as the apply to a Central Act.]
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