THE RAJASTHAN AYURVED UNIVERSITY ACT, 2002
Act No. 15 of 2002
[Published in Rajasthan Government Gazette Extra Ordinary Part IV-A dated 28-9-2002, Page 23-43.]
[Received the assent of the Governor on the 25th day of September. 2002]
An Act to establish and incorporate a teaching, research and affiliating University for the purpose of ensuring efficient and systematic instruction, teaching, training, research and development in Ayurved, Unani, Naturopathy, Homoeopathy, Siddha and Yoga system of medicines.
Be it enacted by the Rajasthan State Legislature in the Fifty- third Year of the Republic of India, as follows:-
Chapter I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Rajasthan Ayurved University Act, 2002.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force on and from such date as the State Government may be notification, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) 'affiliated' means affiliated under section 6 or 35;
(b) 'approved institution' means an institution approved under section 6 or 38;
(c) 'authorities' means the authorities of the University as specified by or under this Act;
(d) 'institution' means and educational institution engaged, in imparting instruction, teaching and training and in research and development in the Indian System of Medicines;
(e) 'Indian System of Medicine' means the ashtang ayurved system of medicine including Homoeopathy, Unani, Naturopathy, Siddha and Yoga Systems, whether supplemented or not by such modem advances, as are consistent with the fundamental principles of Indian System of Medicine and as the University may from time to time determine;
(f) 'College' means a college teaching courses leading to a diploma or degree;
(g) 'faculty' means the faculty of Ayurved, Unani, Naturopathy, Homoeopathy, Siddha and Yoga constituted under this Act;
(h) 'hostel' means a unit of residence for students maintained by the University, and affiliated college or a recognized or approved institution;
(i) 'principal' means the Chief Executive Officer of a College or any person duly appointed to act as such;
(j) 'recognised institution' means an institution recognized under section 6 or 37;
(k) 'Statute', 'Ordinance' and 'Rule' means respectively the Statutes, Ordinances and Rules of the University made under this Act:
(l) 'teacher' means professors, readers, lecturers and such other persons imparting instruction in the University, and affiliated college or a recognised institution or an approved institution as may be declared to be teachers by the Statutes;
(m) 'teacher of the University' means teacher appointed or recognised by the University for imparting instruction on its behalf;
(n) 'University' means the Rajasthan Ayurved University constituted under this Act;
(o) 'University centre' means a centre where research is conducted or post-graduate studies are imparted as determined by the Statutes or Ordinances, in that behalf;
(p) 'University college' means a college, which the University may establish or maintain under this Act or a college transferred to the University and maintained by it; and
(q) 'University department' means any post-graduate or Research institution or department maintained as such by the University.
Chapter II
The University
3. Incorporation of University. - (1) The Chancellor, the first Vice-Chancellor of the University and the first members of the Board of Management and Academic Council of the University and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constitute a body corporate by the name of 'The Rajasthan Ayurved University'.
(2) Headquarters of the University shall be at Jodhpur.
(3) The University shall have perpetual succession and a common seal, and may sue and be sued by the said name.
(4) The University shall be competent to acquire and hold property, both movable and immovable, to lease, sell or otherwise transfer any movable or immovable property which may vest in or be acquired by it for the purposes of the University, to raise loans on the security of its assets and to contract and to receive donations and do all other things necessary for the purposes of this Act:
Provided that the power to raise any such loan shall be exercised after obtaining previous permission of the State Government.
4. Object of the University. - The object of the University shall be to disseminate, create and preserve knowledge of Indian System of Medicine and understanding by teaching, research, extension education and service and by effective demonstration, in general and in particular the object shall be-
(1) to carry out its responsibility of new inventions, preservation and dissemination of knowledge of Indian System of Medicine:
(2) to extend the benefits of knowledge and skills for developing total health of individuals and society by associating the University closely with local and regional health problems;
(3) to facilitate research and specialization in Indian System of Medicine;
(4) to promote acquisition of knowledge in a rapidly developing and changing society and to continuously offer opportunities of upgrading discovery in all fields of Indian System of Medicine with use of modem communication media and technologies;
(5) to build up financial self-sufficiency by undertaking academic and allied programmes and resource generative services in a cost effective manner; and
(6) to serve as an academic centre of excellence for all students from different parts of the Country and outside.
5. Powers and duties of University. - Subject to such conditions as may be prescribed by or under the provisions of this Act, the University shall have the following powers and shall perform the following duties, namely:-
(1) to provide for instructions, teaching, training and research in such branches of Indian System of Medicines as it may think fit, to make provisions for research, advancement and dissemination of the knowledge of the said system and to promote and encourage the knowledge of Indian System of Medicine in its original concept;
(2) to make such provisions as would enable affiliated colleges, recognized institutions and approved institutions to undertake specialization of studies;
(3) to establish and organize common pharmaceutical laboratories, drug testing laboratories, libraries, museums, pharmacies and other equipments for teaching and research;
(4) to establish, takeover, maintain, manage and supervise colleges, affiliated colleges , departments, centres and institutes of research or specialized studies;
(5) to institute professorship, readership, lecturer ship and any other posts of teachers required by the University;
(6) to appoint or recognize persons as professors, readers or lecturers or otherwise as teachers of the University;
(7) to lay down the courses or instructions for the various examinations;
(8) to guide teaching in colleges. University departments, University centres or recognised and approved institutions;
(9) to institute degrees, diplomas and other academic distinctions;
(10) to hold examinations and to confer degrees, diplomas and other academic distinctions on persons who-
(a) have pursued approved courses of study in the University or in an affiliated college unless exempted therefrom in the manner prescribed by the Statutes, Ordinances and Rules and have passed the examinations prescribed by the University, or
(b) have carried on research under conditions prescribed by the Ordinances or Rules;
(11) to confer honorary degrees or other academic distinctions in the manner laid down by the Statutes;
(12) to grant such diplomas to, and to provide such lectures, instructions and training, for persons who are not enrolled students of the University as may be determined by the Statutes, Ordinance and Rules;
(13) to admit educational institutions to the privileges of the University and to withdraw such privileges;
(14) to inspect colleges, recognized institutions and approved institutions and to take measures to ensure that proper standards of instructions, teaching or training are maintained in them and that adequate library and laboratory provisions are made therein;
(15) to control and co-ordinate the activities of, or to give financial aid to, affiliated colleges, approved institutions and recognized institutions;
(16) to hold and manage trusts and endowments and to institute and award fellowships, travelling fellowships, scholarships, studentships, medals and prizes;
(17) to fix, to demand and to receive or recover such fees and other charges as may be prescribed by the Ordinances;
(18) to establish, maintain and manage hostels;
(19) to recognize hostels not maintained by the University, to inspect such hostels and to withdraw recognition therefrom;
(20) to co-ordinate, supervise, regulate and control the residence, conduct and discipline of the students of the University and to make arrangements for promoting their health and general welfare;
(21) to co-ordinate, supervise, regulate and control the conduct of teaching and research work of University centres, affiliated colleges and the institutions recognized or approved by the University;
(22) to institute and manage-
(a) Publication Department,
(b) Pharmaceutical Department,
(c) Botanical Garden,
(d) Research Centre, and
(e) Information, Education and Communication Bureau;
(23) to make provisions-
(a) for extra-mural teaching and other recognized activities;
(b) for physical education, National Cadet Corps and National Social Services;
(c) for student unions; and
(d) for sports and athletic activities;
(24) to co-operate with other Universities and authorities in such manner and for such purposes as the University may determine;
(25) to invite research-scholars, students, professors, Vaidyas, medical practitioners and other interested persons in the study of Indian System of Medicine to give lectures, instructions or otherwise help in the study of the Indian System of Medicine and to fix their pay, honoraria and other expenses payable to them;
(26) to collect, edit or publish manuscripts, books, periodicals, pamphlets and papers in the subject of Indian System of Medicine and for that purpose to establish works and open printing press;
(27) to carry out or help surveys and research work in the field of Medicine, Pharmacopoeia, Panchkarma, Unani, Naturopathy, Homoeopathy, Siddha, Yoga, Toxicology and History of Indian System of Medicine;
(28) to appoint or recognize persons working in any other University or other organizations as adjunct professors, adjunct readers, adjunct lecturers, visiting professors of the University for specified periods;
(29) to receive funds for collaboration programmes from foreign agencies, Universities, Institutions etc. subject to rules and regulations of the Central Government and State Government in that behalf;
(30) to provide for periodical assessment of the performance of teachers and non-teaching employees of the colleges or institutions and University;
(31) to receive grants, subscriptions, donations and gifts for the purpose of University consistent with the object for which the University is established;
(32) to do all such acts and things whether incidental to the powers aforesaid or not as may be requisite in order to further the objects of the University and generally to cultivate and promote Indian System of Medicine as well as its other branches of learning.
6. Jurisdiction and admission to privileges. - (1) No Ayurvedic, Unani, Naturopathy, Homoeopathy, Siddha and Yoga institution within the State of Rajasthan shall, save with the sanction of the State Government and the University, be associated in any way with or seek admission to any privileges of any other University established by law.
(2) Notwithstanding anything to the contrary contained in any other law for the time being in force in the State an institution of Indian System of Medicine affiliated to, recognized or, as the case may be, approved by any University established in the State immediately before the commencement of this Act under any existing law shall, immediately after the commencement of this Act, be deemed affiliated to, recognised or, as the case may be, approved by, this University under this Act, and its affiliation, recognition or, as the case may be, approval by that University shall be deemed discontinued and its affiliation to, recognition or, as the case may be, approval by this University shall be continued subject to the provisions of this Act or the Statutes, Ordinances or Rules made under this Act.
(3) Any institution of Indian System of Medicine Situate outside the State of Rajasthan may, subject to such conditions and restrictions as the University and the State Government may think fit to impose, be admitted to the privileges of the University.
7. University open to all irrespective of sex, religion, class or creed. - (1) No person shall be excluded from any office of the University or from membership of any of its authorities or from admission to any degree, diploma or other academic distinction or course of study on the sole ground of sex, race, creed, class, place of birth or religious belief:
Provided that the University may, subject to the previous sanction of the State Government, maintain, affiliate or recognise any college or institution exclusively for women, or reserve for women, or members of classes and communities which are educationally backward, seats for the purposes of admission as students in any institution maintained by the University.
(2) It shall not be lawful for the University to impose on any person any test whatsoever relating to sex, race, creed, class, place of birth or religious belief in order to entitle him to be admitted as a teacher or a student or to hold any office or post in the University or to qualify for any degree, diploma or other academic distinction or to enjoy or exercise any privileges of the University or any benefactions thereof.
8. Chancellor. - (1) The Governor of the State of Rajasthan shall be the Chancellor of the University.
(2) The Chancellor shall, by virtue of his office, be the head of the University.
(3) The Chancellor when present shall preside over the convocation of the University.
9. Powers of the Chancellor. - (1) The Chancellor shall constitute the Board of Management and the Academic Council of the University in accordance with the provisions of this Act.
(2) The Chancellor may issue directions to Vice-Chancellor to convene the meeting of any authority of the University for specific purposes, which never necessary and the Vice-Chancellor shall submit the minutes of such meetings to the Chancellor for his perusal.
(3) The Chancellor may call for such information and record relating to any affairs of the University and issue such directions thereupon as he may deem fit in the interest of the University and the authorities and officers of the University shall comply with such directions.
(4) The Chancellor may cause an inspection by such person or persons as he may nominate, of the University and its buildings, centres, libraries, museums, workshops, equipments and examinations and also of any institution, college or hostel administered, controlled or maintained by the University as well as of the examination, teaching and other work conducted by the University.
(5) The Chancellor may cause an enquiry into any matter related to administration or the finances of the University.
(6) The Chancellor shall exercise such other powers and perform such other functions as may be conferred upon or vested in him by or under this Act.
10. Inspection or inquiry and direction by the Chancellor. - (1) Where an inspection or inquiry has been ordered by the Chancellor of the University under sub-section (4) or (5) of section 9, the University may depute one of its officers to represent it, in such inspection or enquiry.
(2) The result of the inspection or inquiry and the advice, if any, of the Chancellor shall be communicated by the Chancellor to the Vice-Chancellor.
(3) The result and the advice referred to in sub-section (2) shall be communicated by the Vice-Chancellor with the comments to the Board of Management for such action as the Board may propose to take and the action so taken shall be communicated to the Chancellor through Vice-Chancellor.
(4) Where the Board of Management fails, within reasonable time, to take any action as such required in the result of the inspection or inquiry or in the advice given by the Chancellor or does not take action to the satisfaction of the Chancellor, a direction may be issued by the Chancellor and the Board of Management shall comply with such direction.
Chapter III
Authorities of the University
11. Authorities of University. - The following shall be the authorities of the University, namely:-
(i) Board of Management,
(ii) Academic Council,
(iii) Faculties,
(iv) Boards of Studies,
(v) Finance and Accounts Committee,
(vi) Board for Sports and Student Welfare, and
(vii) Such other Bodies of the University as may be declared by the Statutes to be the authorities of the University.
12. Board of Management. - (1) There shall be a Board of Management of the University which shall be the principal executive body of the University. The Chancellor, as soon as the first Vice- Chancellor is appointed, take action to constitute such Board in accordance with the provisions of this Act.
(2) The Board shall consist of the following members, namely:-
(a) The Vice-Chancellor-Chairman;
(b) Deans of Faculties;
(c) One distinguished Ayurvedic educationist nominated by the Chancellor;
(d) The Secretary to the Government, Department of Ayurved;
(e) The Secretary to the Government, Finance Department or his nominee not below the rank of Special Secretary;
(f) The Director of Ayurved, Government of Rajasthan;
(g) The Director, National Institute of Ayurved, Jaipur;
(h) The Principal, Government Ayurved College, Udaipur;
(i) One head of Department, nominated by the Vice-Chancellor, from amongst the heads of University departments or such departments of affiliated colleges;
(j) Two educationist of Indian System of Medicine nominated by the State Government;
(k) One Principal, co-opted by Board of Management from amongst the Principals of affiliated colleges;
(l) One teacher from the University department or affiliated colleges having ten years experience of post-graduate teaching research and who is not a Head of University department or department of affiliated colleges, nominated by the Vice-Chancellor;
(m) One member shall be nominated by the Ministry of Indian System of Medicine (Health and Family Welfare) Government of India;
(n) Two member of the State Legislative Assembly nominated by the Speaker;
(o) The Registrar of the University shall be member secretary of the Board of Management but shall not have the right to vote.
(3) The quorum at the meeting of the Board of Management shall be five.
(4) There shall be not less than two meetings of the Board of Management in a year.
(5) The nominated and co-opted members of the Board of Management shall hold office for a period of three years from the date of their nomination or co-option.
13. Powers and duties of the Board of Management. - The Board of Management shall exercise the following powers and perform the following duties, namely;-
(a) to make such provisions, as may enable colleges and institutions to undertake specialized studies and, where necessary or desirable, organize and make provisions for common libraries, museums, laboratories and equipments for teaching and research;
(b) to establish departments, colleges, institutions, hostels and provide housing for staff, on the recommendation of the Academic Council;
(c) to make, amend or repeal Statutes and Ordinances, subject to approval by the Chancellor;
(d) to control and supervise all administrative affairs of the University;
(e) to hold, control and arrange for administration of assets and properties of the University;
(f) to enter into, vary, carry out and cancel contracts on behalf of the University;
(g) to determine the form of a common seal for the University, and provide for its custody and use;
(h) to approve the budget estimates and received from the Finance and Accounts Committee with its own modifications, if any;
(i) to consider and adopt the annual report, annual accounts and audit report;
(j) to accept, on behalf of the University, trust, bequests, donations and transfer of any movable or immovable property to the University;
(k) to transfer by sale, or otherwise, any movable property on behalf of the University;
(l) to borrow, lend or invest funds and receive donations on behalf of the University as recommended by the Finance and Accounts Committee;
(m) to lay down policy for administrating funds at the disposal of the University for specific purposes;
(n) to recommend to Chancellor for conferment of honorary degrees and academic distinctions;
(o) to institute and confer such degrees, diplomas, certificates and other academic distinctions as recommended by the Academic Council and arrange for convocation for conferment of the same, as provided by the Statutes;
(p) to institute fellowships, travelling fellowships, scholarships, studentship, exhibitions, awards, medals and prizes;
(q) to make rules for collaboration with other Universities, institutions and organizations for mutually beneficial academic programmes;
(r) to create posts of teachers, officers and other employees of the University, subject to prior approval of the State Government and to determine qualification for appointment thereon;
(s) to approve appointment of Professor, Reader, other teachers of the University, Registrar and Finance and Accounts Officer;
(t) to regulate and approve the appointments of visiting professors, Emeritus Professors, Fellows and writers and to determine the terms and conditions of such appointments;
(u) to appoint consultants and other persons on contract basis;
(v) to prescribe procedure for selection and appointment of nonteaching employees of University;
(w) subject to any law made by the State Government in this behalf, to prescribe rules and procedure for appointment of teachers, officers and other employees in all approved institutions and affiliated colleges and terms and conditions of their service;
(x) to prescribe fees and other charges;
(y) to prescribe honoraria, remunerations and fees and travelling and other allowances for paper-setters, examiners and other examination staff, visiting faculty, and for such other services rendered to the University;
(z) to receive and consider report of the working of the University from the Vice-Chancellor periodically;
(za) to cause an inquiry to be made in respect of any matter concerning the proper conduct, working and finances of colleges, institutions or departments of the University.
(zb) to enforce discipline in teachers, officers, employees and students; and
(zc) to do all such acts as are necessary to carry out the object of the University.
14. Academic Council. - (1) The Academic Council shall be responsible for laying down the academic policies in regard to maintenance and improvement of standards of teaching, research and collaboration programme in academic matters and evaluation of workload of the teachers.
(2) The Academic Council shall consist of the following, namely:-
(a) The Vice-Chancellor-Chairman;
(b) The Deans of Faculties;
(c) Chairman of the Boards of Studies;
(d) One Principal nominated by Vice-Chancellor;
(e) Two Heads of Departments from University departments or such departments of affiliated colleges nominated by the Vice-Chancellor;
(f) One teacher representing each faculty to be co-opted by the Academic Council from amongst the teachers having not less than sixteen years teaching experience, other than principals of colleges, Heads of University departments and Heads of recognised or approved institutions;
(g) Two eminent experts in the field of Indian System of Medicine nominated by the Chancellor;
(h) The Registrar shall act as member secretary of the Academic Council.
(3) The Academic Council shall meet not less than twice in a year.
(4) The terms of the nominated or co-opted members of the Academic Council shall not exceed three years:
Provided that a nominated member shall be eligible for re- nomination.
15. Powers and duties of the Academic Council. - (1) The Academic Council shall be the principal academic authority of the University and shall be responsible for regulating and maintaining the standards of teaching, research and examinations in the University.
(2) Without prejudice to the generality of the foregoing provisions, the Academic Council shall exercise the following powers and perform the following duties, namely:-
(a) to recommend to the Board of Management regarding institution of degrees, diplomas, certificates and other academic distinctions;
(b) to recommend to the Board of Management to make, amend or repeal Ordinances on issues related to academic matters;
(c) to make, amend or repeal Rules on academic matters;
(d) to allocate subjects to the faculties;
(e) to make proposals for the establishment of colleges, departments, institutions, libraries, laboratories and museums in the University;
(f) to consider and make recommendations regarding new proposals for creation of posts of teachers and other academic staff required by the University;
(g) to make proposals to the Board of Management for the institution of fellowships, travelling fellowships, scholarships, studentship, medals and prizes and make rules for their award;
(h) to prescribe qualifications and norms for appointment of paper-setters, examiners, moderators and others, concerned with the conduct of examination;
(i) to appoint committees to review periodically the utility and practicability of the existing courses of study and the desirability or necessity of reviewing or modifying them in the light of new knowledge or changing societal requirements;
(j) to generally, advise the University on all academic matters and submit to the Board of Management feasibility reports on academic programmes;
(k) to exercise such other powers and perform such other duties as may be conferred or imposed on it by or under this Act, the Statutes and Ordinances.
16. Faculties. - There shall be following faculties in the University, namely:-
(1) Ayurved,
(2) Unani,
(3) Naturopathy,
(4) Yoga,
(5) Homoeopathy,
(6) Siddha,
(7) such other faculties as may be prescribed by the Statutes.
17. Composition of Faculties. - (1) The Faculties shall consist of the following, namely::-
(a) The Dean of the Faculty,
(b) Heads of Departments of the Faculty,
(c) Three eminent scholars to be co-opted by the Faculty concerned,
(d) Two teachers to be co-opted by the Faculty.
(2) The co-opted members of a Faculty shall hold office for a period of three years.
18. Functions of the Faculties. - Each Faculty shall discharge the following functions, namely:-
(a) to recommend to the Academic Council course; of study and curricula and schemes of examinations, after consulting the Boards of Studies;
(b) to recommend to the Board of Management 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 19;
(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 organize research, or to secure co-ordination therein when desirable;
(f) to deal with any matter referred to it by the Academic Council;
(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 Statutes, Ordinances and Rules.
19. Boards of Studies. - (1) There shall be a Board of Studies for every subject or group of subjects as may be prescribed by the Statutes.
(2) The constitution, powers and duties of the Boards of Studies shall be as prescribed by the Statutes.
20. Finance and Accounts Committee. - (1) There shall be a Finance and Accounts Committee consisting of the following, namely:-
(a) The Vice-Chancellor-Chairman;
(b) Secretary to the Government, Department of Ayurved or his nominee not below the rank of a Deputy Secretary;
(c) Secretary to the Government, Department of Finance or his nominee not below the rank of a Deputy Secretary;
(d) One person, nominated by the Board of Management from amongst its members;
(e) One person, nominated by the Academic Council from amongst its members;
(f) The Finance and Accounts Officer-Member Secretary.
(2) The committee shall meet at least four times a year to examine the accounts, the progress of expenditure and all new proposals involving fresh expenditure in the light of the provision available.
(3) The annual statement of accounts and the financial estimates (budget) of the University, prepared by the Finance and Accounts Officer shall be laid before the Finance and Accounts Committee for consideration and recommendation, and for submission thereafter to the Board of Management for such action as it thinks fit.
(4) The committee shall perform the following additional functions and duties, namely:-
(a) to recommend to the Board of Management the limits for the total recurring and non-recurring expenditure for the year, based on the income and resources of the University, including the proceeds of loans for productive work;
(b) to recommend to the Board of Management productive investment and management of University assets and resources;
(c) to explore the possibilities of, and resort to, augmenting the resources for the development of the University;
(d) to take necessary steps to have the University accounts audited by auditors appointed by the Board of Management;
(e) to advise the Board of Management of matters related to the administration of the property and the funds of the University;
(f) to ensure proper implementation of the State Government's orders issued from time to time, in respect of financial matters;
(g) to advise on financial matters referred to it by the Board of Management, Academic Council or any other authority, body or committee or any officer of the University;
(h) to report to the Vice-Chancellor any lapse or irregularity in financial matters which comes to its notice who may take suitable prompt actions after assessing the seriousness of the matter or refer it to the Board of Management.
(5) The other powers and duties of the committee and the procedure at its meetings shall be such as may be prescribed by the Statutes.
(6) The annual accounts of the University shall be open for audit by the auditors appointed by the State Government.
21. Board for Sports and Students Welfare. - (1) The University shall establish a Board for Sports and Students Welfare.
(2) The constitution, powers and duties of the Board established under sub-section (1) shall be as prescribed by the Statutes.
22. Other University Bodies. - The constitution, powers and duties of such other bodies as may be declared by the Statutes to be the authorities of the University shall be as prescribed by the Statutes.
Chapter IV
Officers of the University
23. Officers of University. - The following shall be the officers of the University, namely:-
(i) The Vice-Chancellor,
(ii) The Registrar,
(iii) The Deans of Faculties,
(iv) The Finance and Accounts Officer,
(v) Such other officers in the service of the University as may be declared by the Statutes to be officers of the University.
24. Vice-Chancellor. - (1) The Vice-Chancellor shall be a full time paid Officer of the University and shall be appointed by the Chancellor upon the recommendation of selection committee consisting of the following, namely:-
(a) a person nominated by the Board of Management who should not be connected with the University or any affiliated college or recognised or approved institutions;
(b) a person having special knowledge of Indian System of Medicine nominated by the department of Indian System of Medicine (Health and family Welfare), Government of India;
(c) the Secretary to the Government, Department of Ayurved, Rajasthan or any other officer nominated by the State Government;
(d) One distinguished Ayurvedic Educationist nominated by the Chancellor;
and the Chancellor shall, appoint one of these persons as the Chairman of the Committee.
(2) The process of preparing a panel shall begin at least three months before the probable date of occurrence of the vacancy of the Vice-Chancellor and shall be completed within the time limit fixed by the Chancellor. The Chancellor may extend the time limit if necessary to do so but the period so extended shall not exceed three months in aggregate.
(3) The committee shall recommend a panel of not less than three suitable people for the consideration of the Chancellor for being appointed as the Vice-Chancellor. The names shall be in alphabetical order without any preference being indicated. The report, shall be accompanied by a detail write-up on suitability for each person included in the panel.
(4) The University shall incur the expenditure on the committee as approved by the Chancellor.
(5) The Chancellor may appoint in consultation with the State Government one of the persons included in the panel to be the Vice-Chancellor. If the Chancellor does not approve any of the persons so recommended he may call for a fresh panel either from the same committee or after constitution of a new committee for the purpose.
(6) The person appointed as Vice-Chancellor shall hold office for the period of five years from the date on which he enters upon his office or till attaining the age of 65 years, whichever is earlier and shall not be eligible for re-appointment.
(7) The Vice-Chancellor may relinquish his office by resignation in writing under his hand addressed to the Chancellor which shall be delivered to the Chancellor normally 60 days prior to the date on which the Vice-Chancellor wishes to be relieved from his office, but. the Chancellor may relieve him earlier.
(8) The Chancellor may appoint any suitable person to act as a Vice-Chancellor for a term not exceeding six months in aggregate as he may specify in his order, in any of the following circumstances:-
(a) Where any vacancy occurs in the office of the Vice-Chancellor because of death or resignation and it cannot be conveniently and expeditiously filled in accordance with the provisions of sub-sections (1) to (6);
(b) Where the vacancy of the Vice-Chancellor occurs temporarily because of illness or other causes.
(9) The emoluments and other conditions of service of the Vice-Chancellor shall be such as may be prescribed by the Statutes, and shall not be varied to his disadvantage after his appointment.
25. Powers of Vice-Chancellor. - (1) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall, in the absence of the Chancellor, preside at any convocation of the University. He shall be an ex-officio member and Chairman of the Board of Management, Academic Council and of the Committees constituted under section 50. He shall be entitled to be present with the right to speak, at any meeting of any other authority or body of the University, but shall not be entitled to vote there at unless he is a member of that authority or body.
(2) The Vice-Chancellor shall have power to convene meetings of the Board of Management, the Academic Council and joint meeting of faculties and such other authorities of the University of which he is the Chairman. He may delegate this power to any other officer of the University.
(3) The Vice-Chancellor shall, save as otherwise provided in this Act, be the appointing authority for the university teachers and officers equivalent to, or above the rank of, Assistant Registrar.
(4) It shall be the duty of the Vice-Chancellor to ensure that this Act, the Statutes, Ordinances and Rules are faithfully observed and he shall have all powers necessary for the purpose.
(5) (a) In any emergency which, in the opinion of the Vice- Chancellor, requires that immediate action should be taken, he shall take such action as he deems necessary and shall at the earliest opportunity thereafter report his action to such officer, authority or body as would have in the ordinary course dealt with the matter.
(b) When action taken by the Vice-Chancellor under this subsection affects any person in the service of the University, such person shall be entitled to prefer an appeal through the said officer, authority or body to the Board of Management within fifteen days from the date on which such action is communicated to him.
(6) The Vice-Chancellor shall give effect to the orders of the Board of Management regarding appointment, dismissal, suspension and punishment of the persons in the service of the University or teachers of the University or regarding the recognition or withdrawal of the recognition of any such teacher and shall exercise general control over the affairs of the University. He shall be responsible for the discipline of the University in accordance with this Act, the Statutes and Ordinances.
(7) The Vice-Chancellor shall exercise such other powers as may be prescribed by the Statutes and Ordinances.
26. The Registrar. - (1) The Registrar shall be the Chief Administrative Officer of the University. He shall be the a full- time salaried officer and shall work directly under the superintendence, direction and control of the Vice-Chancellor.
(2) The Registrar shall be appointed by the Board of Management in the manner laid down in the Rajasthan Universities, Teachers and Officers (Selection for Appointment) Act, 1974 (Act No. 18 of 1974):
Provided that first Registrar shall be appointed by the State Government.
(3) Appointment of the Registrar shall be for a term of five years and he shall be eligible for re-appointment. The qualifications and experience for the purpose of selection of the Registrar shall be as prescribed by Statutes.
(4) The term, qualifications, experience, salary, emoluments and other conditions of service of the Registrar shall be such as may be determined by the Board of Management.
(5) When the office of the Registrar falls vacant or when the Registrar is by reason of illness or absence or any other cause unable to perform the duties of his office for a period not exceeding six months, the Vice-Chancellor shall appoint a suitable person to officiate as the Registrar until a new Registrar is appointed and assumes office or the Registrar resumes duty, as the case may be.
(6) The Registrar shall act as Secretary of such authorities, bodies and committees as prescribed by or under this Act.
(7) The Registrar shall be the appointing and the disciplinary authority of the employees to the University other than the teachers and officers of the rank of Assistant Registrar and other officers holding posts equivalent thereto. An appeal by a person aggrieved by the decision of the Registrar may be preferred within thirty days from the date of communication of such decision, to the Vice-Chancellor.
(8) Subject to the decision of the authorities of the University, the Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University.
(9) The Registrar shall be the custodian of the records, the common seal and such other property of the University as the Board of the Management may commit to his charge.
(10) The Registrar shall prepare and update the Handbook of the Statutes, Ordinances and Rules approved by the authorities, bodies or committees from time to time, and make them available to all the respective members of the authorities and officers of the University.
(11) The Registrar shall receive complaints and suggestions in regard to the improvement of administration and consider them for appropriate action.
(12) The Registrar shall exercise such other powers and perform such other duties as prescribed by or under this Act or assigned to him, from time to time, by the Vice-Chancellor.
27. Dean. - (1) There shall be a Dean of each Faculty who shall be appointed by the Vice-Chancellor in following order of preference, namely:-
(a) Principal/Director of Post-Graduate colleges in the Faculty concerned;
(b) Head of Departments of subjects of the rank of professors in the Faculty concerned.
(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 at least three years has lapsed after the expiry of his last term.
28. Functions of Dean. - (1) The Dean of a Faculty shall be responsible for the due observance of the Statutes, Ordinances and Rules 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.
29. The Finance and Accounts Officer. - (1) (a) The Finance and Accounts Officer shall be the principal finance, accounts and audit officer of the University. He shall be full-time salaried officer and shall work directly under the control of the Vice-Chancellor.
(2) The Finance and Accounts Officer shall be appointed in accordance with the provisions of Rajasthan Universities Teachers and Officers (Selection for Appointment) Act, 1974 (Act No. 18 of 1974).
(2) The Finance and Accounts Officer shall be the member secretary of the Finance and Accounts Committee. He shall remain in attendance and take part in the proceedings of the Board of Management on matters which have financial implications where asked by Chairman but he shall not be entitled to vote.
(3) The Finance and Accounts Officer shall be responsible for presenting the annual budget, statement of accounts and audit reports to the Finance and Accounts Committee and the Board of Management.
(4) The duties of Finance and Accounts Officer shall be to-
(a) exercise general supervision over the funds of the University and to advise the Vice-Chancellor as regards the finances of the University;
(b) ensure that the limits fixed by the University for recurring and non-recurring expenditure for a year are not exceeded, and that all allocations are expended for the purposes for which they are granted or allotted;
(c) keep watch on the progress of collection of revenue and advise the Vice-Chancellor on the methods to be employed for collection;
(d) have the accounts of the University audited regularly;
(e) ensure that the registers of buildings, land, equipment and machinery are maintained up-to-date and that the stocktaking of equipments and other consumable materials in all offices, colleges, workshops and stores of the University is conducted regularly;
(f) propose to the Vice-Chancellor that explanation be called for unauthorized expenditure or other financial irregularities from any academic member of the University;
(g) propose to the Registrar that explanation be called from any employee or officer of the University for unauthorized expenditure or irregularities in any particular case, and recommend disciplinary action against the persons at fault;
(h) call from any office, centre, laboratory, college, department of the University or University institution, for any information and returns that he thinks necessary for the proper discharge of his financial responsibilities; and
(i) exercise such other powers, perform such other duties and discharge such other financial functions as are assigned to him by the Vice-Chancellor or are prescribed by the Statutes or Ordinances.
30. Other Officers. - (1) The mode of appointment and the functions of other officers of the University shall be prescribed by the Statutes and the Ordinances.
(2) The salary, emoluments and other conditions of service of the other officers shall be such as may be determined by the Board of Management.
Chapter V
Statutes, Ordinances and Rules
31. Statutes. - Subject to such conditions as may be prescribed by or under the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:-
(a) conferment of honorary degrees;
(b) holding of convocations to confer degrees;
(c) powers and duties of the officers of the University;
(d) constitution, powers and duties of the authorities of the University save as provided in this Act;
(e) institution and maintenance by the University of colleges, departments, institutions and hostels;
(f) acceptance and management of bequests, donations and endowments;
(g) procedure at meetings of the authorities of the University and for the transaction of their business;
(h) qualifications of professors, readers, lecturers and teachers in affiliated colleges and recognised and approved institutions;
(i) all matters which by this Act are to be or may be prescribed by the Statutes.
32. Making, amendment, operation and repeal of Statutes. - (1) The Statutes may be made by the Board of Management or may be amended or repealed or, added to by Statutes made by the Board of Management, in the manner hereinafter provided.
(2) The Board of Management may take into consideration the draft of the Statute either of its own motion or on a proposal by any authority of the University.
(3) Where a Statute affects the powers or duties of any office or authority of the University,-
(a) the Board of Management shall, before proposing the draft of such Statute, ascertain and consider the views of the officer or authority concerned; and
(b) the Board of Management, before passing any such Statute taken into consideration of its own motion, shall ascertain and consider the views of the officer or authority concerned.
(4) Every Statute passed by the Board of Management shall be submitted to the Chancellor who may give or with hold his assent thereto or refer it back to the Board of Management for consideration.
(5) No Statute passed by the Board of Management shall have validity until assented to by the Chancellor.
(6) The Statutes or any amendment thereto shall come into force on the date of its publication in the Official Gazette.
33. Scope of Ordinances and their making. - (1) Subject to the provisions of this Act and the Statutes made thereunder, the Board of Management may make Ordinances to provide for all or any of the following matters, namely:-
(a) the admission of students to the University;
(b) the courses of study and curricula to be laid down for all degrees, diplomas and certificates of the University;
(c) the conditions under which students shall be admitted to courses of study and curricula and examinations for degrees, diplomas and other academic distinctions;
(d) the recognition and inspection of hostels;
(e) conditions of residence, conduct, attendance and discipline of students of the University;
(f) conduct of examinations;
(g) recognition of supervisors for guiding research;
(h) emolument and conditions of service of the University teachers;
(i) rules to be observed and enforced by affiliated colleges in respect of transfer of students;
(j) number, qualification and condition of appointment of teachers of the University;
(k) duties and powers of the Committees to be appointed by the authorities;
(l) the powers and duties of the Registrar and other officers and servants of the University;
(m) the conditions governing appointments and duties of examiners;
(n) the mode of execution of contracts or agreements for, or on behalf of the University;
(o) the fees to be charged for courses of instruction in, or on behalf of the University;
(p) all matters which by this Act or the Statutes are to be or may be provided for by Ordinances; and
(q) generally, all matters for which provision is, in the opinion of Board of Management, necessary for the exercise of the powers conferred, or the performance of the duties imposed, upon the University authorities by this Act or Statutes:
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 Board of Management shall not have power to amend any draft proposed by the Academic Council under the proviso to subsection (1) but may return it to the Academic Council for reconsideration either in whole or in part, together with any amendment which the Board of Management may suggest.
(3) All Ordinances made by the Board of Management shall be submitted to the Chancellor for approval and all such Ordinances shall take effect from the date of their publication in the Official Gazette after the approval by the Chancellor.
34. Rules and their making. - An authority of the University shall, subject to the approval of the Board of Management where the Rules are made by an authority other than the Board of Management, have power to make rules in respect of the matters provided by this Act, Statutes or Ordinances and for the conduct of its affairs and the affairs of the committees constituted by such authority. Such rules shall not be inconsistent with the provisions of this Act, Statutes and Ordinances.
Chapter VI
Affiliation, Recognition and Approval
35. Affiliation. - (1) A College applying for affiliation to the University shall send a letter of application to the Registrar and shall satisfy the Academic Council,-
(a) that the college will supply a need in the locality in respect of instruction and teaching in the Indian System of Medicine having regard to the suitability of the locality where the college is to be established;
(b) that the college is to be under the management of a regularly constituted governing body;
(c) that the strength and qualifications of the teaching staff and the conditions governing their tenure of office are such as to make due provision for the course of instruction, teaching or training to be undertaken by the college;
(d) that the buildings in which the college is to be located are suitable and that provision will be made in conformity with the Ordinances for the residence in the college or in lodgings approved by the college, for students not residing with their parents or guardians and for the supervision and welfare of students;
(e) that due provision has been made or will be made for a library;
(f) that arrangements have been or will be made in conformity with the Statutes and Ordinances for imparting instruction in Indian System of Medicine in a properly equipped laboratory or museum;
(g) that due provision will, as far as circumstances may permit, be made for the residence of the Principal an some members of the teaching staff in or near the college or the place provided for the residence of the students;
(h) that the financial resources of the college are such as to make due provision for its continued maintenance and efficient working; and
(i) that the college rules fixing the fees, if any, to be paid by the students have not been so framed as to involve such competition with any existing college in the same neighbourhood as would be injurious to the interests of education.
(2) The application shall contain an assurance that after the college is affiliated, any changes in the management or teaching staff and all other changes, which result in any of the requirements mentioned in the sub-section 11) not being fulfilled or continued to be fulfilled, shall be forthwith reported to the Academic Council.
(3) On receipt of a letter of application under sub-section (1) the Academic Council shall-
(a) direct a local inquiry to be made by a competent person or persons authorized by it in this behalf in respect of the matters referred to in sub-section (1) and such other matters as may be deemed necessary and relevant;
(b) make such further inquiry as may appear to it to be necessary;
(c) give due consideration to the request, if any, made by the applicant for a reconsideration of any of the conditions conveyed to him;
(d) record its opinion on the question whether the application should be granted or refused either in whole or in part, stating the result of any inquiry under clauses (a) and (b).
(4) The Registrar shall submit the application and all proceedings to the State Government, which, after such inquiry as may appear to it to be necessary, shall grant or refuse the application or any part thereof.
(5) Where the application or any part thereof is granted, the order of the State Government shall specify the courses of instruction in respect of which the college is affiliated and where the application or any part thereof is refused, the grounds of such refusal shall be stated.
(6) As soon as possible after the State Government makes its order, the Registrar shall submit to the Board of Management a full report regarding the application, the action taken thereon under sub-sections (3) to (5) and of all proceedings connected therewith.
(7) An application under sub-section (1) may be withdrawn at any time before an order is made under sub-section (4).
36. Extension of affiliation. - Where a College desires to add to the courses of instruction in respect of which it is affiliated, the procedure prescribed by section 35 shall, so far as may be, be followed.
37. Recognition of institutions of research and specialized studies. - (1) The Academic Council shall have the power to recognize as a recognized institution any institution of research or specialized studies in Indian System of Medicine other than a college.
(2) An institution which desires to have such recognition shall send letter of application to the Registrar and shall give full information in the letter of application in respect of the following matters, namely:-
(a) constitution and personnel of the managing body;
(b) subjects and courses in regard to which recognition is sought:
(c) accommodation, equipment, library facilities and the number of students for whom provisions has been or is proposed to be made;
(d) the strength of the staff, their qualifications and salaries and the research work done by them;
(e) fees levied or proposed To be levied and the financial provision made for capital expenditure on buildings and equipment and for the continued maintenance and efficient working of the institution.
(3) Before taking the application into consideration the Academic Council may call for any further information, which it may deem necessary.
(4) If the Academic Council decides to take the application into consideration, it may direct a local inquiiy to be made by a competent person or persons authorized by it in this behalf. After considering the report made as a result of such local inquiry and making such further inquiry as may appear to it to be necessary, the Academic Council shall grant or refuse the application or any part thereof. Where the application or any part thereof is granted, the Academic Council shall specify the subjects and courses of instruction in respect of which the institution is recognized and make a report to that effect to the Board of Management at its next succeeding meeting. Where the application or any part thereof is refused, the grounds of such refusal shall be stated.
38. Approval of institutions. - (1) The Academic Council shall have the power to approve an institution as an approved institution for specialized studies, laboratory work, internship, research or other academic work in the Indian System of Medicine under the guidance of a single qualified teacher.
(2) An institution which desires to have such approval shall send a letter of application to the Registrar and shall give full information in the letter of application in respect of the following matters, namely:-
(a) the name, qualifications, experience and research work of the teacher under whom approved work is to be done;
(b) the nature of work or the subjects for which work k proposed to be done;
(c) accommodation, equipment, library facilities and the number of students for whom provision has been made or is proposed to be made;
(d) fees levied or proposed to be levied and the financial provision made for capital expenditure on buildings and equipment and for the continued maintenance and efficient working of the institution.
(3) Before taking the application into consideration the Academic Council may call for any further information, which it may deem necessary.
(4) If the Academic Council decides to take the application into consideration, it may direct a local inquiry to be made by a competent person or persons authorised by it in this behalf. After considering the report made as a result of such local inquiiy and making such further inquiry as may appear to it to be necessary, the Academic Council shall grant or refuse the application or any part thereof. Where the application or any part thereof is granted, the Academic Council shall specify the subjects and courses of instruction in respect of which the institution is approved and make a report to that effect to the Board of Management at its next succeeding meeting. Where the application or any part thereof is refused, the grounds of such refusal shall be stated.
39. Inspections of colleges and reports. - (1) Every affiliated college, recognized institution and approved institution shall furnish such reports, returns and other information as the Academic Council may require to enable it to judge the efficiency of the college or institution.
(2) The Academic Council shall cause every such college or institution to be inspected from time to time by one or more competent persons authorized by it in this behalf.
(3) The Academic Council may call upon any college or institution so inspected to take, within a specified period, such action as may appear to it to be necessary in respect of any of the matters referred to in sub-section (1) of section 35, sub-section (2) of section 37, or as the case may be, sub-section (2) of section 38.
40. Withdrawal of affiliation. - (1) The rights conferred on a college by affiliation may be withdrawn in whole or in part or modified if the college has failed to carry out any of the provisions of sub-section (1) section 35 or the college has failed to observe any of the conditions of its affiliation or the college is conducted in a manner which is prejudicial to the interests of education.
(2) A motion for the withdrawal or the modification of such rights shall be initiated only in the Academic Council. The member of the Academic Council who intends to move such a motion shall give notice of it and shall state in writing the grounds on which it is made.
(3) Before taking the said motion into consideration, the Academic Council shall send a copy of the notice and written statement mentioned in sub-section (2) to the Principal of the college concerned together with intimation that any representation in writing submitted within a period specified in such intimation on behalf of the college, will be considered by the Academic Council:
Provided that the period so specified may, if necessary, be extended by the Academic Council.
(4) On receipt of the representation or on the expiry of the period referred to in sub-section (3), the Academic Council after considering the notice of motion, statement and representation and after such inspection by competent person or persons authorized by it in this behalf and such further inquiry as may appear to it to be necessary shall make a report to the Board of Management.
(5) On receipt of the report under sub-section (4) the Board of Management, shall, after such further inquiry, if any, as may, appear to it to be necessary, record its opinion in the matter:
Provided that no resolution of the Board of Management recommending the withdrawal of affiliation shall be deemed to have been passed by it unless the resolution has obtained the support of two-thirds of the members present at a meeting of the Board of Management, such majority comprising not less than one- half of the members of the Board of Management.
(6) The Registrar shall submit the proposal and all proceedings, if any, of the Board of Management and the Academic Council relating thereto, to the State Government which, after such further inquiry, if any, as may appear to it to be necessary, shall make such order as it deems fit and communicate it to the Board of Management.
(7) Where by an order made, under sub-section (6), the rights conferred by affiliation are withdrawn in whole or in part or modified, the grounds for such withdrawal or modification shall be stated in the order.
41. Withdrawal of recognition or approval. - (1) The rights conferred on an institution by recognition or approval may be withdrawn or suspended for any period by the Academic Council, if the institution has failed to observe any conditions of its recognition or approval or the work assigned to it, is conducted in a manner which is prejudicial to the interests of education, or the teacher recognized by the University leaves the institution.
(2) Before making an order under sub-section (1) in respect of any recognised or approved institution, the Academic Council shall by notice in writing, call upon the institution to show cause within one month from the date of the receipt of the notice, why such an order should not be made. The period so given for showing the cause may, if necessary, be extended by the Academic Council.
(3) On receipt of the explanation, if any, made by the institution in reply to the notice, and where no such reply is received, on the expiry of the period referred to in sub-section (2), the Academic Council shall, after such inquiry, if any, as may appear to it to be necessary, decide whether the recognition or approval should be withdrawn or as the case may be, suspended and make an order accordingly.
Chapter VII
Post graduate teaching and research centre
42. Post-graduate teaching. - (1) All post-graduate instruction, teaching, research and training shall be conducted by the University or by such affiliated colleges or institutions and in such subjects as may be prescribed by the Statute.
(2) All post-graduate departments and research centres shall ordinarily be located at the headquarters of the University. However, the University may locate any of such departments or centres at a place or places outside its headquarters.
(3) The University may maintain University centres at places other than the headquarters of the University on such terms and conditions, as may be prescribed by the Statutes and Ordinances.
Chapter VIII
Fund and finance
43. University Fund. - (1) The University shall establish a fund to be called the University Fund.
(2) The following shall form part of or be paid into, the University Fund:-
(a) any contribution or grant by the State Government, the Union Government, or the University Grants Commission;
(b) the income of the University from all sources including income from fees and charges;
(c) bequests, donations, endowments and other grants, if any.
(3) The University Fund shall be kept in any scheduled bank as defined in the Reserve Bank of India Act, 1934 (Central Act No. 2 of 1934) or the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act No. 23 of 1955) or being such a bank as may be approved by the State Government on the recommendation of the Board of Management.
44. Annual accounts and financial estimates. - (1) The annual accounts of the University shall be prepared under the direction of the Finance and Accounts Committee and shall be submitted to the Board of Management.
(2) The Board of Management shall, after the accounts are audited, submit a copy thereof alongwith a copy of the audit report to the State Government.
(3) The Finance and Accounts Committee shall also prepare, before such date as may be prescribed by the Statutes, the financial estimates for the ensuing year.
(4) The annual accounts and the financial estimates shall be considered by the Board of Management at its annual meeting and the Board of Management may pass resolutions with reference thereto and communicate the same to the Finance and Accounts Committee which shall take them into consideration and take such action therein as it thinks fit; and finally adopt the accounts and financial estimates. The Finance and Accounts Committee shall inform the Board of Management at its next meeting of the action taken by it or of its reasons for taking no action.
45. Annual Report. - The annual report of the University shall be prepared under the directions of the Board of Management and shall be submitted to the Chancellor and the State Government.
Chapter IX
Miscellaneous
46. Enrollment of Students. - No students shall be enrolled as a student of the University unless he possesses such qualifications as may be prescribed by the Statutes.
47. Residence of the students. - Every student of the University shall reside in a hostel or under such conditions as may be prescribed by the Ordinances.
48. Honorary Degree. - If not less than two-thirds of the members of the Academic Council recommend that an honorary degree, or other academic distinction be conferred on any person on the ground that he is in their opinion, by reason of eminent position and attainments a fit and proper person to receive such degree or other academic distinction and where their recommendation is supported by a majority of not less than two-thirds of the member of the Board of Management present at a meeting of the Board of Management, such majority comprising not less than one-half of the members of the Board of Management and the recommendation is confirmed by the Chancellor, the Board of Management may confer on such person the honorary degree or other academic distinction so recommended without requiring him to undergo any examination.
49. Withdrawal of Degree of Diploma. - (1) The Chancellor may, on the recommendation of the Academic Council and the Board of Management supported by a majority of not less than two-thirds of the members of each body present at its meeting, such majority comprising not less than one-half of the members of each body, withdraw from any person a diploma or degree if he has been convicted by a court of law of any offence which in the opinion of the Academic Council and the Board of Management, is a serious offence involving moral turpitude.
(2) No action under this section shall be taken unless the person concerned is given an opportunity of being heard in his defence in the manner prescribed by the Statutes.
50. Committees. - All the authorities of the University shall have power to appoint committees. Such committees may include persons who are not members of the authority appointing the committee.
51. Pension, Insurance and provident Fund. - The University shall make such provisions for the benefit of its officers, teachers and other servants in such matters as insurance, pension, provident fund or other benefits as it may deem fit, in such manner and subject to such conditions as may be prescribed by the Statutes.
52. Provident Fund to be deposited in Government Treasury. - (1) Where the University has established a provident fund for the benefit of its officers, teachers and other servants under section 51 such fund shall, notwithstanding anything contained in any law for the time being in force, be deposited in the State Government Treasury in accordance with such directions as the State Government may, from time to time by an order in writing give and thereupon-
(a) the subscriber to the fund shall be entitled to interest on the balance in his provident fund account at the same rate, at which the State Government servant is for the time being entitled to on the balance of his provident fund account; and
(b) the rules for the time being in force relating to the limits of withdrawals from the provident fund as applicable to such Government servant, shall, so far as may be, apply to the subscriber.
(2) Nothing in this section shall apply to a Provident Fund established by the University to which the Employees', Provident Fund and Miscellaneous Provisions Act, 1952 (Central Act No. 19 of 1952) applies.
53. Vacating of office. - (1) Any member of any authority or body of the University may resign his office by letter addressed to the Vice-Chancellor through the Registrar and the resignation shall take effect on its acceptance by the Vice-Chancellor or on the expiry of thirty days from the date of receipt of the letter by the Vice-Chancellor whichever event occurs earlier.
(2) Any member of any authority or body of the University shall cease to be a member on his being convicted by a court of law of an offence, which in the opinion of the Board of Management involves moral turpitude.
54. Filling of casual vacancies. - When any vacancy occurs in the office of a member (other than an ex-officio member) of any authority or other body of the University before the expiry of the term of office of such member, the vacancy shall be filled up, as soon as conveniently may be, by nomination, appointment or co-option, as the case may be, of a member who shall hold office so long only as the member in whose place he has nominated, appointed or co-opted, would have held it, if the vacancy had not occurred.
55. Proceedings not invalidated by vacancies. - No act or proceedings of any authority or other body of the University shall be invalidated merely by reason of any vacancy in its membership.
56. Completion of courses of studies in institutions recognized by the faculty. - Notwithstanding anything contained in this Act or the Statutes and Ordinances made thereunder any student of an institution entitled to train students for the examinations of the Faculty who immediately before the date on which this Act cones into force was studying or was eligible for any examination of the Faculty shall be permitted to complete his course in preparation therefore and the University shall provide for such period and In such manner as may be prescribed by the Statutes for the instruction, teaching, training and examination of such students in accordance with the courses of studies of the faculty.
57. Appointment of the First Vice- Chancellor. -Notwithstanding anything contained in section 24, the first Vice-Chancellor shall be appointed by the State Government as soon as practicable after the commencement of this Act for a period not exceeding three years and on such terms and conditions as the State Government thinks fit.
58. Disputes as to constitutions of University, Authority or body. - If any question arises regarding the interpretation of any provision of this Act, or of any Statute, Ordinance or Rule or as to whether a person has been duly appointed as, or is entitled to be or ceases to be, a member of any authority or other body of the University, the matter may, on petition by any person or body directly affected or sou-iota, be referred by the Vice-Chancellor to the Chancellor and shall be so referred to the Chancellor if the members of the Board of Management so require. The Chancellor shall, after taking such advice, as he deems necessary, decide the question and his decision shall be final.
59. Officers and employees to be public servants. - Every officer and employees of the University shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860).
Explanation. - For the purposes of this section any person who is appointed by the University for a specified period, or for a specified work of the University or who receives any remuneration by way of compensatory allowance or fee for any work done from the University Fund shall be deemed to be an officer or employee of the University while he is performing, and in relation to all matters relatable to the performance of, the duties and functions connected with such appointment or work.
60. Legal proceedings. - All suits and other legal proceedings by or against the University shall be instituted, prosecuted or defended on behalf of the University by the Registrar or any other officer specifically nominated in this behalf by the Vice-Chancellor.
61. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification in the Official Gazette, make such order, consistent with provisions of this Act, as may appear to it to be necessary or expedient:
Provided that no such order shall be made after the expiry of three years from the commencement of this Act.
62. Statutes, Ordinances and Rules to be published in the Official Gazette and laid before the house of the State Legislature. - (1) Every Statute, Ordinance and Rule of the University made from time to time, shall be published in the Official Gazette.
(2) Every Statute, Ordinance and Rule of the University made by amendment or otherwise after the commencement of this Act shall as soon as may be after it is made be laid before the House of the State Legislature while it is in session, for a total period of fourteen days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, the House of the State Legislature agrees to make any modifications in the Statute, Ordinance, and Rule or agrees that the Statute, Ordinance and rule should not be made, such Statute, Ordinance and Rule 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, Ordinance and Rule. |
