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Section 44: Advisory Committees - Until the Authorities of the University are constituted under sub-section (1) of section 48, the Vice-Chancellor, shall subject to the approval of the Chancellor have power

the Dravidian University Act, 1997.State Act of Andhra Pradesh · Act 17 of 1997

(1) to appoint such advisory or selection committees as he may think fit;

(2) to appoint such members of the teaching staff as may be necessary;

and

(3) to appoint such ministerial and lower grade staff as may be necessary.

45. Powers to obtain information - Notwithstanding any thing contained in this Act or any other law for the time being in force, the Government may by order in writing, call for any information from the University on any matter relating to the affairs of the University and the University shall, if such information is available with it, furnish the Government with such information within a reasonable period:

Provided that in the case of information which the University considers confidential, the University may place the same before the Chancellor.

46. Mode of Proof of University Record - Copy of any receipt, application, notice, or proceeding, resolution of any authority or committee of the University or other documents in possession of the University or any entry in any register duly maintained by the University, if certified by the Registrar shall be received as prima facie evidence of such receipt, application, notice, proceeding or resolution, document for the existence of entry in a register and shall be admitted as evidence of the matters and transactions, wherein the original thereof, would if produced have been admissible in evidence notwithstanding anything in the Indian Evidence Act, 1872 or in any other law for the time being in force.

47. Attendance at Recognised Instruction - (1) No attendance at any instruction other than that conducted or recognised by the University shall qualify for admission to an examination of the University other than the entrance examination to the University.

(2) The authorities responsible for organising such instruction shall be those prescribed.

(3) The Course of Study and curriculum shall be those prescribed.

48. Appointment of the first Vice-Chancellor, the first Registrar and first Finance Officer - Notwithstanding anything in this Act, and us statutes, the first Vice-Chancellor, the first Registrar and the first Finance Officer shall be appointed by the Chancellor on a salary to be fixed by him and each of the said officers shall hold office for a period to be fixed by him but not exceeding three years.

49. Transitionary powers of the first Vice-Chancellor - (1) It shall be the duty of the first Vice-Chance to make arrangements for constituting the Executive Council and such other authorities of the University within six months from the commencement of the Act or such longer period not exceeding one year as the Government may, by notification, direct.

(2) The first Vice-Chancellor shall, in consultation with the Government, make such rules as may be necessary for the functioning of the University;

(3) The authorities constituted under sub-section (1) shall commence to exercise their functions on such date as the Government may, by notification, specify in this behalf;

(4) It shall be the duty of the first Vice-Chancellor to draft such statutes, as may be necessary and submit them to the Executive Council for their approval such statutes when framed shall be published in the Andhra Pradesh Gazette.

(5) Notwithstanding anything contained in this Act, and the statutes and until such time an authority is duly constituted, the first Vice-Chancellor may appoint any Officer or constitute any committee temporarily to exercise and perform any of the powers and duties of such authority under this Act and the statutes.

50. Acceptance of benefaction by the University - No benefaction shall be accepted by the University, which in the opinion of the authorities of the University, involves conditions or obligations as to the religious belief in the admission or appointment of members, students, teachers or in any other connection whatsoever:

Provided that nothing in this section shall prevent the University from accepting any such benefaction intended for promotion of research in any branch of study.

51. Special mode of appointment - (1) The Executive Council invite a person of high academic distinction and professional attainments to accept a post of Professor in the University on such terms and conditions as it deems fit, and on the person agreeing to do so, appoint him to the post.

(2) The Executive Council may appoint a teacher or any other member of the academic staff working in any other University or organisation for undertaking a joint project in the manner prescribed.

52. Power to remove difficulties - (1) If any difficulty arises as to the first Constitution or reconstitution of any authority of the University after the commencement of this Act or otherwise in giving effect to the provisions of this Act, the Government may by notification, make such provision, not inconsistent with the provisions of this Act as may appear them to be necessary or expedient for removing the difficulty.

Provided that no such notification shall be issued after the expiry of three years from the date of commencement of this Act.

(2) All notifications, made under sub-section (1) shall as soon as may be after they are made, be placed on the table of Legislative Assembly of the State and shall be subject to such modifications by way of amendments or repeal as the Legislative Assembly, may make either in the same session or in the next session.

53. Conditions of Service of employees and settlement of disputes - (1) Every employee shall be appointed under a written contract which shall be lodged with the Registrar and a copy of which shall be furnished to the employee concerned;

(2) Any dispute arising out of a contract between the University and any employee may be referred by the Vice-Chancellor to a grievances Committee consisting of such persons not being members of the Executive Council as may be nominated by the Executive Council.

54. Procedure of appeal in disciplinary cases against students - Any student or candidate for an examination whose name has been removed from the rolls of the University by the orders or resolution of the Vice-Chancellor, Discipline Committee or Examination Committee, as the case may be, and who has been debarred from appearing at the examinations of the University for more than one year may within ten days of the date of communication of such orders or copy of such resolution to him, appeal to the Executive Council and the Executive Council may confirm, modify, or reverse the decision of the Vice- Chancellor or the Committee, as the case may be.

55. Right to Appeal - Every employee or student of the University shall, notwithstanding anything contained in this Act have a right to appeal within such time as may be prescribed by the statutes to the Executive Council against the decision of any Officer or authority of the University and thereupon the Executive Council may confirm, modify or reverse the decision appealed against.

56. Provident and Pension Funds - (1) The university shall constitute for the benefit of its employees in such manner and subject to such conditions as may be prescribed by the Statutes, such schemes of pension, provident fund and insurance as it may deem fit with the prior approval of the Government:

(2) Where such provident or pension fund has been so constituted, the Government may declare that the provisions of the Provident Fund's Act 1925 shall apply to such funds as if it were a Government Provident Fund.

THE SCHEDULE THE STATUTES OF THE UNIVERSITY STATUTE 1 THE VICE-CHANCELLOR

(1) Subject to the provisions of sub-section (1A) of Section 11, the Vice- Chancellor shall hold office for a term of three years from the date of his appointment and shall be eligible for reappointment to that office for another term of three years in the manner provided in sub-section (1) of Section 11.

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

(3) It shall be the duty of the Vice-Chancellor to see that the provisions of this Act, the statutes, Ordinances and regulations are duly observed and he may exercise all powers necessary for this purpose.

(4) When the Vice-Chancellor is unable to exercise his powers, perform his functions and discharge his duties owing to absence, illness or any other cause or when the office of Vice-chancellor is vacant, it shall be competent for the Government to appoint a person to be in-charge Vice-Chancellor. The person so appointed as in-charge Vice-Chancellor shall exercise the powers, performs the functions and discharge the duties of the Vice-Chancellor until the Vice-chancellor assumes the office, or as the case may be, a new Vice- Chancellor is appointed in accordance with sub-section (1) of Section 11.

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

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

STATUTE 2 THE REGISTRAR

(1) The emoluments and other terms and conditions of service of the Registrar shall be such as may be prescribed by the Statutes;

Provided that the Registrar shall retire on attaining the age of fifty-eight years:

Provided further that a Registrar shall, notwithstanding his attaining the age of fifty eight years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year whichever is earlier.

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

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

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

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

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

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

(4) The Registrar shall be the ex-officio Secretary of the Executive Council and the Academic Senate, but shall not be deemed to be a member of any of those authorities.

(5) It shall be the duty of the Registrar:-

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

(b) to issue all notices convening meetings of the Executive Council, the Academic Senate and the Boards of Studies or any Committees appointed by the authorities of the University;

(c) to keep the minutes of all the meetings of the Executive Council, Academic Senate and of any committees appointed by the authorities of the University;

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

(e) to supply to the Chancellor copies of the agenda of the meetings of the authorities of the University as soon as they the issued and the minutes of such meetings;

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

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

STATUTE 3 THE FINANCE OFFICER

(1) The Finance Officer shall be the Ex-Officio Secretary of the Finance Committee, but shall not be deemed to be a member of such Committee.

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

(3) The Finance Officer shall:-

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

(b) perform such other financial functions as may be assigned to him by the Executive Council or as may be prescribed by the statutes or the ordinances.

(4) Subject to the control of the Executive Council, the Finance Officer shall,-

(a) Hold and manage the property and investments of the University including trust and endowed property;

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

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

(d) keep a constant watch on the state of the cash and bank balance and on the state of investments;

(e) watch the progress of the collection of revenue and advise on the methods of collection employed;

(f) ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date and that stock checking is conducted, of equipment and other consumable materials in all offices special centres, specialised, laboratories, colleges and institutions maintained by the University;

(g) call for explanation for unauthorised expenditure and for other financial irregularities and suggest disciplinary action against persons at fault; and

(h) call for from any office, centre, laboratory, college or institution maintained by the University, any information or returns that he may consider necessary for the performance of his duties.

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

STATUTE 4 THE EXECUTIVE COUNCIL

(1) The Executive Council shall consist of the following persons, namely:- Class-1: Ex-Officio Members:

(i) The Vice-Chancellor;

(ii) The Rector;

(iii) Nominees of the participating Governments and institutions;

(iv Secretary to Govt., Higher Education, Govt. of Andhra Pradesh;

(v) Secretary to Govt., Finance Department, Govt. of Andhra Pradesh;

(vi)Director/Commissioner of Collegiate Education, Govt. of Andhra Pradesh;

1 [(vii) Chairman, Andhra Pradesh State Council of Higher Education or his nominee.]

Class-II: Other Members:

(vii) One Dean/Professor of the University Dept. to be nominated by the Government;

(viii) Five Representatives from participating Governments and institutions representing Industry, Research and Development, Engineering and Technology, Education, Archaeology, Architecture, Fine Arts, Physical and Social Sciences and Public Life.

STATUTE 5 POWERS OF THE EXECUTIVE COUNCIL

(1) The Executive Council shall have the power of management and administration of the revenue and property of the University and the conduct of all administrative affairs of the University not otherwise provided for.

(2) Subject to the provisions of the Act, the Statutes and the Ordinances, the Executive Council shall, in addition to the other powers vested in it under the statutes have the powers namely:-

(a) to create teaching and other academic posts and to define the functions and conditions of service of professors, Readers, Lecturers and other teachers and other academic staff employed by the University;

(b) to prescribe qualifications for teachers and other academic staff;

(c) to approve the appointment of such Professors, Readers, Lecturers and other teachers and academic staff as may be necessary on the recommendations of the Selection Committee constitution for the purpose;

(d) to approve appointment to temporary vacancies of any academic staff;

(e) to specify the manner of appointment to temporary vacancies of academic staff;

(f) to provide for the appointment of visiting Professors, Emeritus Professors, Fellows, Artists and writers and determine the terms and conditions of such appointments;

(g) to manage and regulate the finances, accounts, investments, property of the University and all other affairs of the University and to appoint such agents as may be considered fit;

(h) to invest any money belonging to the University, including any unapplied income, in such stock, funds, shares or securities as it thinks fit or in the purchase of immovable property in India with like power of varying such investment from time to time, provided that no action under this clause shall be taken without consulting the finance committee;

(i) to create administrative, ministerial and other necessary posts after taking into account the recommendations of the Finance Committee and to specify the manner of appointment thereto;

(j) to regulate and enforce discipline amongst the employees in accordance with the Statutes and Ordinances;

1 .Inserted by the Act No.11 of 2020. S.4

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

(l) to entertain, adjudicate upon, or redress the grievances of the employees and the students of the University who may, for any reason, feel aggrieved;

(m) to fix the remuneration payable to course writers, counsellors, examiners and invigilators and travelling and other allowances payable, after consulting the Finance Committee;

(n) to select the common seal for the University and to provide for the use of such seal;

(o) to delegate any of its powers to the Vice-Chancellor, Rector, Registrar, the Finance Officer and any other Officer, employee or authority of the Univeresity, or to a committee appointed by it;

(p) to institute fellowships, scholarships, studentships; and

(q) to exercise such other powers and perform such other functions as may be conferred or imposed on it by the Act or the Statutes.

(3) Every member of the Executive Council other than Ex-Officio Member shall hold office during the pleasure of the Governor; Provided that such members shall be eligible for re-nomination, so however that no such member shall hold office successively for more than two terms.

(4) A nominated member of the Executive Council may, tender resignation of his membership at any time. Such resignation shall be conveyed to the Vice-Chancellor by a letter in writing by the member and the resignation shall take effect from the date of its acceptance by the Government;

(5) The Executive Council shall meet atleast once in three months and may meet often if necessary;

(6) The quorum for a meeting of the Executive Council shall be one-third of the total number of members or six persons whichever is less.

(7) The Executive Council shall exercise all the powers of the University not otherwise provided for by the Act, Statutes, Ordinances and the Regulations for the fulfilment of the objects of the University.

STATUTE 6 THE ACADEMIC SENATE The Academic Senate shall consist of the following persons, namely:- Class-I: Ex-Officio Members:

(i) The Vice-Chancellor;

(ii) The Rector;

(iii) All Members of the Executive Council;

(iv) All Deans of the University;

Class-II: Other Members:

(i) Five suitable nominees, from the participating Government and institutions;

(ii) Five academicians of the Dravidian University to be nominated by the Vice-Chancellor;

(iii) Five Students/Research Scholars of the University to be nominated by the Vice-Chancellor;

(iv) Vice-Chancellors of Language University/Directors, State Institutions of Language nominated by the participating Governments;

(v) Librarians/Chief Editor of publications.

STATUTE 7 POWERS AND FUNCTIONS OF THE ACADEMIC SENATE Subject to the Act, the Statutes and the Ordinances, the Academic Senate shall, in addition to all other powers vested in it under the Statutes have the following powers, namely:-

(a) to exercise general supervision over the academic policies of the University and to give directions regarding methods of instructions, evaluation or research or improvement in academic standards;

(b) to consider matters of general academic interest either on its own initiative or on a reference from the Planning and Monitoring Board or Boards of Studies or the Executive Council and to take appropriate action thereon; and

(c) to frame such regulations and rules consistent with the Statutes and the Ordinances regarding the academic functioning of the University, including discipline, admissions, award of fellowships and studentships, fees and other academic, requirements.

STATUTE 8 PLANNING AND MONITORING BOARD

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

(i) The Chancellor;

(ii) The Pro-Chancellor;

(iii) The Vice-chancellor (Convener);

(iv) The Minister of Higher Education of the Government and the Ministers of Higher Education participating Governments;

(v) two educationists nominated by the Government;

(vi) one nominee of the University Grants Commission;

(vii) one nominee of Ministry of H.R.D.;

(2) The Board shall be the Principal Planning and Reviewing Body and it shall also arrange for periodical monitoring of the developmental programmes and of teaching and research in the University.

STATUTE 9 THE FINANCE COMMITTEE

(1) There shall be constituted a Finance Committee which shall be a subcommittee of the Executive Council with the following as members, namely:-

(a) the Vice-Chancellor (Chairman);

(b) two members of the Executive Council nominated by it.

(2) The Finance Officer shall be the Secretary of the Finance Committee.

(3) The Finance Committee shall meet atleast twice in every year to examine the accounts and to scrutinize proposals for expenditure.

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

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

(6) The Finance Committee shall:-

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

(b) make recommendations to the Executive Council on every proposal involving investment or expenditure for which no provision has been made in the annual financial estimates or which involves expenditure in excess of the amount provided for in the annual financial estimates;

(c) prescribe the methods and procedure and forms for maintaining the accounts of the University;

(d) make recommendation to the Executive Council on all matters relating to the finances of the University;

(e) Perform such other functions as may be prescribed.

(7) The Financial estimates of the University prepared by the Finance Officer shall be laid before the Financial Committee for consideration and comments. The said estimates, as modified by the Finance Committee, shall then be laid, before the Executive Council for consideration. The Executive Council may accept the modifications made by the Finance Committee.

STATUTE 10 THE FACULTIES OF THE UNIVERSITY The following shall be initially, the Faculties of University, namely:-

1. Faculty of Arts;

2. Faculty of Science;

3. Faculty of Social Sciences;

4. Faculty of Technology;

Any such other Faculties which shall be created by the Executive Council.

Each Faculty shall be headed by a Dean who shall be nominated by the Vice-Chancellor on the basis of seniority from among the Professors in the respective Faculty.

Each Faculty Dean shall hold office for three years and is not eligible for be appointment until the rotation is complete.

The Dean, shall be the Head of the Faculty and shall be responsible for the conduct and maintenance of the standards of research in the school. The Dean shall also have such other functions as may be prescribed.

The Dean shall have the right to be present and to speak at any meeting of the Boards of Studies or committee of the Schools/Centres/Departments as the case may be, but shall not have the right to vote thereat unless he is a member thereof.

STATUTE 11 SELECTION COMMITTEE

(1) There shall be constituted a Selection Committee in regard to the appointment of Professors, Directors, Senior Artists, Readers, Deputy Directors and Associate Artists and Lecturers, Assistant Directors, Junior Artists and Librarians which shall consist of the following namely:-

(i) the Vice-chancellor;

(ii) three experts from outside the University to be nominated by the Vice-Chancellor of whom atleast two shall be present in the Selection Committee;

(iii) the Dean of the School concerned;

(iv) the Head of the Department concerned;

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

Provided further that to teacher holding a post lower in rank than the one to which appointment is to be made, shall be a member of Selection Committee.

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

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

STATUTE 12 ORDINANCES HOW MADE

(1) The first Ordinances made under sub-section (1) of Section 3 may be amended, repealed or added to at any time by the Executive Council in the manner specified below.

(2) No ordinance in respect of the matters enumerated in Section 31, other than those enumerated in clause (O) of sub-section (2) thereof, shall be made by the Executive Council unless a draft of such ordinance has been proposed by the Academic Senate.

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

(4) Where the Executive Council has rejected or returned the draft of an Ordinance proposed by the Academic Senate, the Academic Senate may consider the question afresh and in case the Original draft is reaffirmed by a majority of not lelss than two thirds of the members of the Academic Senate the draft may be sent back to the Executive council which shall either adopt it or refer it to the Chancellor whose decision thereon shall be final.

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

(6) Every Ordinance made by the Executive Council shall be submitted to the Chancellor within two weeks from the date of its adoption. The Chancellor shall have the power to direct the University within four weeks of the receipt of the Ordinance to suspend the operation of any such Ordinance and he shall, as soon as possible, inform the Executive Council about his objection to the proposed Ordinance. The Chancellor may, after receiving the comments of the University, either withdraw the order suspending the Ordinance or disallow the Ordinance and his decision thereon shall be final.

STATUTE 13 REGULATIONS

(1) The authorities of the University may make regulations consistent with this Act and these statutes and the ordinances:-

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

(b) Providing for all matters which are required by this act, the statutes or the Ordinances to be prescribed by regulations;

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

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

(3) The Executive Council may direct the amendment in such manner as it may specify, of any regulation made under this statute or the amendment of any such regulation.

STATUTE 14 DELEGATION OF POWERS Subject to the provisions of this Act and these statutes any officer or authority of the university may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers.

G. BHAVANI PRASAD, Secretary to Government, Legislative Affairs & Justice, Law Department.

THE DRAVIDIAN UNIVERSITY ACT, 1997 ACT No. 17 OF 1997 LAST UPDATE :27-10-2023 ARRANGEMENT OF SECTIONS SECTIONS THE DRAVIDIAN UNIVERSITY ACT, 1997 (1) ACT No. 17 OF 1997

Where this provision sits

Actthe Dravidian University Act, 1997.
Section44
Marginal noteAdvisory Committees - Until the Authorities of the University are constituted under sub-section (1) of section 48, the Vice-Chancellor, shall subject to the approval of the Chancellor have power
JurisdictionState of Andhra Pradesh
StatusIn force as published by the source

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