(1) In making Ordinances, the Executive Council shall consult the Board of Studies concerned where such Ordinances affect the appointment and duties of examiners.
(2) Every ordinance made by the Executive Council shall be submitted to the Academic Council at its next meeting. The Academic Council shall be competent to propose amendments to any such Ordinance for the consideration of the Executive Council. The Executive Council shall resubmit the Ordinance at the next meeting of the Academic Council with or without amendments.
(3) Every Ordinance shall have effect from the date of its publication in the official Gazette or such other date as the Executive Council may direct.
Procedure of making Regulations.
39. (1) The Academic Council may, subject to the approval of the Executive Council, make Regulations consistent with this Act and the Statutes and the Ordinances of the University.
(2) The Regulations may provide for the exercise of all or any of the powers enumerated in section 23 (ii).
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(3) Every Regulations shall come into force on the date of its publication in the official Gazette or such other date as the Executive Council may direct.
Rules. 40. (1) Any of the authorities enumerated at clause (v) to (viii) of section 16 may, subject to the approval of the Executive Council, make rules consistent with this Act and the Statutes, the Ordinances and the Regulations made thereunder.
(2) The rules may provide for;-
(a) the giving of notice to the members of each Authority or Board, of the dates of meetings and of the business to be transacted at the meetings and also for keeping a record of the proceeding of meetings;
(b) the procedure to be followed at the meetings and number of members required to form the quorum for the meetings;
(c) all matters solely concerning such Authority or Board and not provide for by this Act;
(3) The Executive Council may refuse to approve the rules submitted to it or may return them to the Authority or Board concerned for further consideration or may approve the rules without modification or subject to such modifications as the Executive Council may deem fit.
(4) Every rule made under this section shall come into force on the date of its publication in the official Gazette or such other date as the Executive Council may direct.
CHAPTER – VIII FILLING OF VACANCIES, RESIGNATIONS, REMOVAL ETC, OF MEMEBERS OF THE AUTHORITIES AND BODIES OF THE UNIVIERSITY Protection of act and Proceeding of the Executive Council, Court, Academic Council etc.
41. (1) No act or proceedings of the Executive Council, the Court, the Academic Council or any other body constituted under this Act or the Statutes, Ordinances, Regulations or Rules made there under shall be invalid merely by reason of any vacancy existing in the body performing the act or passing the proceedings.
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(2) The Registrar shall forward to the Government copies of the proceedings at a meeting of the Executive Council and the Academic Council within two months of such meeting.
Filling up vacancies.
42. (1) All vacancies among the members (other than ex-officio members) of any Authority or Body of the University by reason of death, resignation or otherwise shall be filled, as soon as may be, by the person or authority who or which appointed or nominated the member whose place has become vacant.
(2) Any person appointed or nominated under sub-section
(1) shall hold office as member so long only as the member in whose place he is appointed, or nominated as the case may be, would have been entitled to hold office if the vacancy had not occurred.
Resignation or removal of member of any authority or body.
43. (1) Any member of any Authority or Body of the University may resign his office by letter addressed to the Registrar and the resignation shall take effect from the date of receipt of the letter by the Registrar.
(2) The Vice-Chancellor may, on recommendation of not less than two-thirds of the members of the Executive Council, remove the name of any person convicted by a court of law for any offence involving moral turpitude or punished by the University for malpractice connected with any University examination from membership of any Authority or Body of the University and for the same reason may withdraw any degree or diploma conferred or granted by the University.
(3) The Vice-Chancellor may on the recommendation of the Executive Council also remove any person from the membership of any authority or body of the University or Body of the University if he becomes of unsound mind or a deaf or dumb or has applied to be adjudicated or has been adjudicated as insolvent.
(4) If a member of any Authority or Body of the University who is not an ex-officio member fails to attend three consecutive meetings of that Authority or Body, he shall cease to be a member of such Authority or body and thereupon the Registrar shall intimate him that he ceased to be such member:
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Provided that such Authority or Body may, if satisfied that there was sufficient cause for the failure of the member to attend the meetings, restore him to its membership.
CHAPTER – IX MISCELLANCEOUS Protection of acts and orders.
44. All acts and orders duly and in good faith done or passed by the University or any of its Authorities, Bodies or officers shall be final and no suit shall be institute against, or damage claimed from, the University or its Authorities, Bodies or officers for any thing purporting to be done in pursuance of this Act and the Statutes, Ordinances, Regulations, Rules and orders made there under.
Dispute. 45. (1) If any dispute arises regarding the interpretation of any provision of this Act or any Statutes, Ordinances or as to whether a person has been duly appointed, or nominated or is 'entitled to be a member of any Authority or Body of the university, the matter may be referred to the Chancellor, and shall be so referred to him if not less than ten members of the Executive Council So require.
(2) The Chancellor shall, after taking such advise as he deem necessary, decide the question and his decision thereon shall be final.
Bar on jurisdiction of Civil Court.
46. No Civil Court shall have jurisdiction to settle, decide or deal with any question or to determine any mater which is, by or under this Act, required to be settled, decided or dealt with or to be determined by any Authority or person under this Act.
Power of Government to cause inspection of the University.
47. (1) The Government shall have the right to cause an inspection to be made by such person or persons as they may direct of the University, its building, laboratories, libraries, museums, workshops and equipments and of any institutions maintained, or approved by, the University and also of the work conducted by the University, and to cause enquiry to be made in respect of any matter connected with the University.
(2) The Government shall before taking any action under sub-section (1), give notice to the University of their intention to cause such inspection or enquiry to be made and the University shall be entitled to be represented thereat.
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(3) The Government shall communicate to the Executive Council the result of any inspection or inquiry made under sub-section (1) and any, after ascertaining the opinion of the Executive Council thereon, convey their views to the Vice-Chancellor and to the Executive Council.
(4) The Government may, after considering the views of the Vice- Chancellor and Executive Council on the result of any inspection or inquiry under sub-section (1), advise the University upon the action to be taken in the matter.
(5) The Executive Council shall report to the Government the action, if any, which is proposed to be taken, or has been taken upon the, result of any, which is proposed to be taken, or taken, or has been taken upon the result of any inspection or inquiry under sub-section (1).
(6) A report under sub-section (5) shall be submitted with the opinion of the Executive Council thereon and within such time as the Government may direct.
(7) Where the Executive Council does not, within a reasonable time, take any action referred to in subsection (4) to the satisfaction of the Government, the Government may, after considering any explanation furnished by the Executive Council in the matter, issue such directions as they may think fit, and the Executive Council shall comply with such directions.
Appointment of Commission to enquire into the working of the University.
48. (1) The Government may at any time and shall, on the expiry of ten years from the commencement of this Act and thereafter at the expiration of every ten years, by order published in the official Gazette, constitute a Commission which shall consist of a Chairman and such other members not exceeding five, as the Government may appoint, and such order shall define the procedure to be followed by the Commission.
(2) The Commission constituted under sub-section (1) shall inquire into and report on, -
(i) the working of the University during the period to which the inquiry relates;
(ii) the financial position of the University;
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(iii) any chance to be made in the provisions of this Act or the Statutes, Ordinances, Rules made thereunder with a view to bringing about improvement in the affairs of the University; and
(iv) such other matter as may be referred to it by the Government, and make such recommendations to the Government as it thinks fit.
(3) On receipt of the report and the recommendation of the Commission under sub-section (2), the Government shall forthwith refer such report and recommendations to the Executive Council for consideration and report.
(4) Immediately after the Executive Council has considered the report and recommendation of the Commission and submitted its report to the Government, shall consider the report of the Executive Council and pass such orders thereon as they think fit and shall also cause the same to be published in the official Gazette.
Conditions of service.
49. (1) Save as otherwise provided by or under this Act, every salaried officer, teachers and non-teaching staff of the University shall be appointed by a written order.
(2) The written order referred to in sub-section (1) shall be lodged with the Registrar and a copy thereof shall be furnished to the officer or teacher concerned.
(3) Any other conditions of service of the salaried officers, teachers and non-teaching staff of the University and settlement of disputes relation to their service shall be such as may be prescribed in the statutes.
Pension, Insurance and Provident Fund.
50. With the previous approval of the Government, the University shall make appropriate provisions for the benefit of its officers; teachers and non- teaching staff under its control in matter of insurance, pension and provident fund and for such other benefits as it may deem fit, in such manner as may be prescribed by the Ordinances.
The nomination of the First Court of the University.
51. Notwithstanding anything- contained in this Act, the First court shall be nominated by the Government.
36 Transitory Provisions.
52. (1) Any officer or Authority of the University exercising any power or performing any duty under this Act, immediately before the commencement of this Act, shall for a period of three-months from such commencement or until the corresponding Officer or Authority is appointed, nominated or constituted, as the case may be, in accordance with the provisions of this Act or the Statutes or Ordinances made hereunder, whichever is earlier , continue to exercise such powers or perform such duties, as the case may be, so far as such powers or duties, are not inconsistent with the provisions of this Act.
(2) The Statues, Ordinances, Regulations. Rules and orders in force immediately before the commencement of this Act shall, in so far as they are not inconsistent with the provisions of this Act, continue to be in force until they are replaced by the Statutes, Ordinances, Regulations, Rules or orders framed under this Act.
(3) All properties, all rights of whatever kind used, enjoyed or possessed by, and all interest of wherever kind owned by or vested in or held in trust by or for the University constituted under this Act and all liabilities legally subsisting against the said University shall pass to the University Constituted under this Act.
Removal of difficulties.
53. If any difficult arise as to the first constitution or reconstitution of any Authority of the University after the commencement of this Act, or otherwise in first giving effect to the provisions of this Act, the Government may, be order, do anything which appears to them necessary for the purpose of removing the difficulty.
Inconsistency with other laws.
54. When the provisions of any other law relating to matters dealt with in this Act, are inconsistent with the provisions of this Act, the provision of such other law shall to the extent of such inconsistency, have no effect.