(a) tho -constitutioof>, function and powers of the Faculties. Board of Studies, Finance Committee, other authorities of the University and such other bodies as may be declared to be authorities of the University ;
(b) the method of recruitment, condition of . service, powers ·and duties of the officers, teachers and other employees of the University ;
(c) the conferment of honorary degrees ;
(d) the award of degrec9, diplomas, titles, certificates and other academic distinction• ;
(e1 ~he withdrawal of degrees, diplomas, certificate~- and other academic distinctions ; .
(}) the institutfon .of fellowships, scholarships, studentshJps, exhibitions, medals and prhes ; · -
(g) ihe p·rocedure to be followed at meetings of authorities of the University including the quorum for the transaction of business by them;
(h) the clas~Hlcation of teachers of the University·and other employees;
(i) ae<:eptance and management of bequests.:. donation&· and endowments;
(j) .the grant of atJµiation to institutions;
{kJ recognition of examinations of other Universities or educational lnstitutfo::is as equivalent to the eJ.amJoations of the University;
Procedure tor making:
Statute:J.
97
(l) fees to be charged for the courses of studies in the University and for admission to the examination!>, degrees and dip}omas of the University;
(mj conditions. relating to the award offellowships, scholarships, studentr.h\p, exhibitions, medals and prizes; ,,
(n) conduct of examin!l.tions, includio~ the terms of office, manner of appoint ment and the duties of e;i;;arninat1on bodies, e"'aminers and moderators;
(o) supervision of students engaged· in research and special studies in constituent or affiliated institutions;
(p) fee to be charged for the service rendered by the Unive1sity; and
(q) any other matters which require to be or may be prescribed under this Act or by the Statutes, -
31. (I) The First Statutes of the University shail be m1fde bY the Government by notification and shall continue to be in force until amended or superseded by Statutes made by the Board in accordance with the provisions of this section.
{2) The Board may, •from time to time, make new or additional Statutes or may amend or repeal the StatUtes in the manner hereinartcr provided.
(3) No Statutes affecting the powers or duties of any authority of the University shall be made by the Board unless the· draft of such Statutes is referred by the Vice·Chacellor to that authority for _c11:presaing Hs views thereon within such period as· may be specified in the reference or within such further period as the Vice·Chancellor may allow and views, if any, so· expressed are duly considered.
. -
(4) Statutes passed by the Board shall be subinitled to the Government, who may give or withhold its approval thereto or refer it bJ.ck to the Board for r.:consideration witli such observations as it may deem fit.
(5) No Statutes passed by the Board Shall be valid until ·approved by Government and it shall come into force on the date of its publication in the Gazette or on such othef !;fate as the Government may fix.
Rc:suJatiom. 32. (Jj The Academic Council may, subject to the approlal of the Board make Reg1:1lations consistent with this Act atld the Statutes.
(2) The Regulations may provide for the exercise of all or any of the powers and functions enumerated in Section 20.
(3) The Regulations shall come into force on the date of their publication in the Gazette or on such other date as the Board may direct.
Rules. 33. (1) The Academic Council, Faculties, Board of Studies and tiie Finance Committee of the Univer6ity may, subject to the approval of the Boe.rd, mab Rules .consistent with this Act, the Statutes and the Regulations.
(2) The Rules may provide ·for-
(a) the giving of notices to the m_embers of each authority, the dates of· meetings and the business to be transacted at their meetings and a]sci for keeping a record of the Proceedings of the 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 the mAtters hot provided for by this Act, the Statutes or the Regulations.
- (3) The Board may. refuse to app·~ove the Rules submitted to it or.may return them to the- authority concerned for further consideration or -may app_rove tbe Ru\es· without modification or s1,1bject to such modifications aa tbe Board may deom fit.
VBCa.ncy not to invaltdatc the Ptoc:c dinS. etc.
or authori&ica.
Filling ap C8IUa1 't'flCaD.c:lc:ll.
Bcsignation and removal of members.
Tramf'Q'o connltucnt Collcle• or natilations of other Univcrdlia.
98 ( 4) Rules made under this section shall C'?mc into force on the date of their publication in the Gazette or on such 0th.er date as the Board may direct.
CHAPTER VDI FILLING UP VACANCIES, REMOVAL. ETC. OF MEMBERS OF THE -AUTHORITIES AND BODIES OF THE UNIVERSITY 34, NO act or proceedings of the Board. Academic Council or any other .body constituted under this Act or the Statutes shall be invalid merely. by reason of any vacancy existing in the authority or body performing the act or passing the proceedings.
35. All vacancies arising by reason of death, resignation or otherwise among the members of anY of the authorities of the University, who were nominated, elected· or selected, shall be filled up as soon&:! convenient may be bY nomination, election o.r selection, as the case may be, and any person so nominated. elected or selected shall hold office for the unexpired portion of the term of his predecessor in office. _
36. (1) Any member of any authority· or body of the Unive1sity me.y resign from b..is office by a letter addressed to the Registrar and the resignation shall take effect from tbe dato of receipt of the letter by. the Registrar.
l2) The Vice-Chancellor me.y, on the recommendation of the Board. remove the name of anY person, convicted by a court of law of any offence involving moral delinquency or punished by th.e University for malpractice connected with any University examination, from membership of any authority or body of the University and for the some reason may withdraw any degree or diploma conferred or granted by the University.
_ (3) Th.e Vice-Chancellor may, on the recommendation of the Board, also remove any person from the membership of any authority .or body of tho University if he becomes mentally unsound qr a deaf-mute or has applied te bo 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 auth.ority or body, he shall cease to be a mombcr of ·such authority or body. and thereupon the Registrar shall intimate him that he bas ceased to be such membe_r: . rn .___ .
Provided that such authority or body may if satisfied that there· was sufficient cause for the failure of the mem her to attend the meetings, restore him to its membership.
CHAPTER IX TRANSFER OF COLLEGES. INSTITUTIONS, EMPLOYEES AND PROPERTY THEREOF AND AFFILIATION, ETC.
37. (J) Notwithstanding anything contained in the Orissa Universities .Act.
1989 or the Statutes made thereunder, or in the Orissa University of Agriculture and Technology Act, 1965 or the Statutes made thereunder, aay or e.U the constittient Colleges, Institutione or Departments of other Uniyersities as may be specified in the notification issued by the Government in this behalf shall, with effect from. such date as may be specified in the said notification. be dlsaffillated from the. respective other Universities and bo formed into and maintained as constituent Colleges, Institutions or the Departments of the university :
Provided that the College of the Engineering and. Technology, Bh.ubane&war and the. University College: of Engineering, Burla shall stand transferred from the other ·Universities concerned and be· formed into and maintained as ccinstituent Colleges -of the University, immediately and the provisions of sub-sections (2) aad (3) shall e.pply on such transfer.
Tram£11 of &e:rYicd er certain d!llployec a.
Tnn!ferof aBillatlon of atsllns lnsti tutlona.
99
(2) On and from the date so specified under sub-section (I),-
(i) the control and management of the colrcges or insti1utir.ns or Depart~ ments notified under sub-section (I); and · ...
(ii) all the properties, assets and Jiabilities and rights and- obligations of the resrectivc Universities in relation to the said colleges, inslinnions or Departments ind ud ing a II obliga 1fo ns of the Gover nrnen t in re I at ion fu"~- .
Shall stand transferred to, and vest in or devolve upon, the University.
(3) The compensation payable by the University to the other Universities in respect of the properties; assets and rights belonging to the other Universities transferred to, or vested in, fhe University under sub-section (2) in relation to any col\ege or institution or Department to which_ the provisio11s o~ this Act arc applied under sub-section (1) shall be such as m~y be agr.::ed upon between the resp~tivc other Univ~-rsities and the Universit)': -
Provided that where no such agreement is ren.ched within a period of oDc year from the date specified under sub-section (I), the Government ma)"". aftel' giving an opportunity to the other Universities conc.erned and lhe University· for making their represi:ntations in this behalf. determine the compensation payable to such other universities and the_ compensation so determined shall be final and binding on sueh other Unive1sities and the University.
38. (1) Notwithstanding anything contained in this Act, or any other law, but subject to the proviSions of sUb"'Scction (2), where the control and manage- - ment of any constituent ·college. institution or Department has been t;ansferred to the University under section 37, 1be University shall employ all teachers and other employees of the respective constituent C•llleges or institutions or Depart ments of the other Universities concerned, who, immediately before such transfer or before the date specified under sub-section (I) of sec~ion 37, were .serving in or attached to those colleges or institutions or Departmenls, as the case may be, on such foreign service terms and condition&. as n1ay be determined by other Universities concerned: -
Provided that no deputation or other ·anowanee shall be payable to anY such employees.
(2) fa·cry teacher or empJoyee of other Universilics. concerned ~hall, within a perjod of six monlbs from the date of lransfer of the contr::il and management under section 3 7, . exercise his op ti on to revert to the services under the other University to which he belongs, failing which, hC shall be deemed to have ceased to be an employee of the constituent college or institution or Department of the other University concerned and shell be absorbed in _the service of the Univemity with effect from the date of transfer referred to in loub-s.ection (1) and shall, from the said date or on such traQsfer, be_ governed by the terms and conditions of service prescribed for the teachers or, as the case may be, employees of the Unh·crsity. -
(3) Where any teacher or employee serving in, or attached to, any College, Institution or Department so transferred exercises option for reverttfon under sub-section (2) and there is no such post available in or under the other Unlversity concerned, he -shall be given an opportunity to exercise an option -within such time and in such manner as may be sp«:ified by the .other University concerned either to be absorbed in an equivalent post available in or under such other University or to be retrenched from the service on such retrenchmeut benefit as may be determined by the other University concerned in consultation with the Government.
39. (J) Notwithstanding anything contained in any other Jaw, an Colleges and Institutions imparting education in engineering ~nd technology including inf ormetion technology and its application. architecture, pharmacy, applied arts and crafts, management and . applied sciences otbe;: than the Colleges and Institutions referred to in section 37 existing in the State and affiliated to an)' other University irnme_diately before the da~e of commencement of this Act, shall be deemed to have been disaffiliated from the respective other Universities and have beein affiliated to -the U_niversity from that· day for such period an·d subject to such terms .and conditions, as had been specified in tho order of the respective :Universities from which they obtained the affiliation:
~lusionor jurisdiction of other Un I versitfcS- Special provisiott.1 for students.
Protection of acuand ordcr.i.· 100 · provided th ·,1 the University may impose such other term!i and conditions · for continuation or further eXt1Jnsion of the terms of affiliation, not in coosi'itent wHh provisions made in or under this Act and of any law made by Parliament as it may deem fir, and the Colleges or Institutions shall be bound to comply with those terms and conditions within such reasonable time a.s may be prescribed by the University: ·
Provided further that the Uuiversity shall have power to. alter or withdraw the affiliation deemed to have been granted under this 5ub-section. if any such College or fostitution concerned does not comply with the terms and conditions so imposed. · .(2) For the purpose of the deemed affiliation· provided in sub-settioa (1) every College or Institution concerned shall mbmit a copy of the valid letter of affiliation granted by other University concerned to the Reglr.trar of the Universily within a period of three months from the date of commencement of this Act and the acknowledgement of the receipt of such capy by tlte University shall be a valid evidence for tb.e purpose of such deemed affiliation.
40 Notwithstanding anything contained in any other law, no Un\.,,ersity in the State other than the University established under this Acr shall grant e.ffi\iation to any College or Institution which offers courses or ·pr<1grammes of~tiucation, research and training in the field of engineering anif technology including informa tion technology and its application, architecture, pharmacy, applied arts and crafts, management and applied sciences, after the date of commencement of this Act: ._,_ provided tliat nothing in ·this section shall, save· as otherwir.e provided in this Act, apply to·-
(i) any conr.tituent College. Institution · or Department of any other University or of a deemed University with.in the meaning of section 3 of the University Grants Comrais~ion Act. 1956 which is directly 3 or 19'5.
managed, controlled and financed by such University or deemed Univer!>ity;and · '
(ii) general Colleges or Institutions affiliated to other Universities which · are mainly offering co'urses in subjects other than engineering and technology including informalion technology and Its application.· architecture, pharmacy, applied arts and crafts, management and applied sciences.
41. Notwithstanding anything contained ·in' this Act, the Statutes or tbe Regu\ations, every student of the Coll11ges, institutions or Departments which have been disaffiliated from other Universities in accordaJJce with provision~ of section 37 or 39, who was studying in any such College or Im.titution or Department and was eligible to be admitted to any examination held or conducted by any such other University shall be permittvd to complete his courses of studies and be admitt!!d to the examioation of the University and the University shall make arrangement-
(a) for the instruction, teaching, training and holding examination for such student, for such period and in srich manner as may be det'crmined by the Vice-Chancellor in accordance with the courses of studies of other Universities concerned; and
(b) for the conferment of the conesponding degree, diploma or other academic distinction of the Unhersity upon the qualified student on the result of such examinatiqn.
CHAPTER X · MISCELLANEOUS
42. No . suit or legal proceedings shall be i Iistituted against. or damage claimed from, the . University or. it!> authorities; bodies or officers, for enytbing which .is. in good faith done or intended to be done, or for any order pa:ssed in good faith,, in- p~rsuance of this -Act; the Statutes, Regt.1lations or the .Rules.
Question regarding i n terprcta con a.ad dispute regarding cans ti l u Lion of authority or body •.
Registrar to forward COpitS Of Proceeding§ to Govern· ment.
P'lwers· of Government to c~usc insPcciion of Univen:ily. · APPointmcnt Of Commission~ 101 4~. (1) If any question arises _ reg'ard ing the int erpreta lion of :i nY provision of this Act, or any Statutes or as io whe1hcr a person has been duly appointed or nom_inat~d or is entitJed to be a member of any authority or body of the University, the matter may be referred to the Chancellor.
(2) The Chancellor shall, after taking rnch advice as be mav deem necessary. decic.!e the question and bis decision 1hereon shall be fin;J.
44. The Registrar shull fo1ward to th~ Government copies of the proceedings of every meeting of the Board and the Academic Council within two months cf the meeting.
45. (1) The Governroent shall liave the right to cause inspection, to be made by such person <'r Pc.:rsons as ·it may direct, of the _University, its buildings, laboratories, libraries, musd .. ntS, war k.!.bops and equipments or any institution mainfainecl, affiliated to or approved by, the University anJ also of the work concucted by the University, and to cause ec;uiry to be made in respect of any matter connected with tlte University.
t2) The Government shall, before taking any action under sub-section (1), give notice. to the Universi1y of its intention to cause such inspection or enquiry to be made and the University shall be ·entitled to be represcnied thereat.
(3 J The Government shall communicate to !he Board the resl!lt ofany inspection or inquiry made under sub-section (l) and me.Y, after ascertaining the opinion. of the Board thereon, convey its views to che Vice-Cb:lncelkr and to the Board.
(4) The Goveram.:nt may, after considering the views of tbe Vice Chancellor rnd the Board en the result- cf any inspection or inquiry made under sub-section (I), advise the University upon the action to be tak~n in (he matter. - ·
(5) The Boar.J shall ~port to Government the action, if any, which is proptJSed te be taken or bas been taken upon the result of any inspection or inquiry mad~· 11 nder sub-section (1).
(6) A report under sub-section (5) shall b~ submitted to Government with tbe oriinion of the Board thereon within such time as the Government may direct.
(7) Where the Board does not, within a reasonable time, take any ucuon rc:ktted to in sub-section (4) to the satisfaction of the Government, the G•)vernment may, after considering any explanation fwnished by the Board in the matter, issue such- directions as it may think fit and the Board shall comply with s.ucb direction.
46. (1) The Government may, at any time, and shall, on· the expiry of five years from the commencement of this Act aod thereafter at the expiration of every five years, by an order published in the Gazette, constitute a Gommission which Shall consist d a Chairman and such other members not exceeding five as the Goverment may appoint, and such order shall define the pro~edurc to be followed by the Commission.
,¥= (2) The Commission constituted under sub-section (1)-shall i aquire into, and make a report on-
(i) the working of tbo University with special reference to quality · and .relevance of courses of studies and instructions;
(ii) the :financial po&ition of the· Uni'Versity;
(iii) ·the suitability ~r 1he pro,·isions of this Act or the Statutes, Regul_e.tions and Rules· with a view to brl aging about improvements in the affairs of the University; and
(iv) such other matters as may be referred to it by the Government and make such recommendation_s to the Government as it thinks fit.
Pension, in!urance and PrOvi dent rund.
Ceuation of membership.
Transitory.
provisions.
Savings.
'Removal of -doubt or ·di_ffiCUltY.
102
(3) Qn receipt of the report and the recommendations of the Commission under sub-section (2), the Government sl:ui.U forthwilh refer s·uch report and - recommendations to the· Board for consideration and report.