(a) the constitution, 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, conditions 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 degrees, diplomas, titles, certificates and other academic distinctions;
The Board of Studies.
Schools.
The Statutes.
17
(e) the withdrawal of degrees, titles, diplomas, certificates and other academic distinctions;
(f) the institution of fellowships, scholarships, studentships, exhibitions, Medals and prizes;
(g) the procedure to be followed at meetings of authorities of the University including the quorum for the transaction of business by them;
(h) the classification of teachers of the University and other employees;
(i) acceptance and management of bequests, donations and endowments;
(j) recognition of examinations of other Universities or educational institutions as equivalent to the examinations of the University;
(k) fees to be charged for the courses of studies in the University and for admission to the examinations, degrees and diplomas of the University;
(l) condit ions relat ing to the award of fel lowships, scholarships, studentships, exhibitions, medals and prizes;
(m) conduct of examinations, including the terms of office, manner of appointment and the duties of examination bodies, examiners and moderators;
(n) supervision of students engaged in research and special studies;
(o) fees to be charged for the service rendered by the University; and
(p) any other matters which require to be or may be prescribed under this Act by the Statutes.
26.(1) The First Statutes of the University shall be made by the Government by notification and shall continue to be in force until amended or superseded by Statutes made by the Board in accordance with the provisions of this section.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 hereinafter provided.
Procedure for making Statutes.
2 18
(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-Chancellor to that authority for expressing its 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 submitted to the Government, who may give or withhold its approval thereto or refer it back to the Board for reconsideration with 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 other date as the Government may fix.
27. (1) The Academic Council may, subject to the approval of the Board, make Regulations consistent with this Act and the Statutes.
(2) The Regulations may provide for the exercise of all or any of the powers and functions enumerated in section 22.
(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.
28. (1) The Academic Council, Board of Studies and the Finance Committee of the University may, subject to the approval of the Board make Rules consistent with this Act, the Statutes and the Regulations.
(2) The Rules may provide for —
(a) the giving of notices to the members of each authority, the dates of meetings and the business to be transacted at their meetings and also 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 not provided for by this Act, the Statutes or the Regulations.
(3) The Board may refuse to approve the Rules submitted to it or may return them to the authority concerned for further consideration or may approve the Rules without modification or subject to such modifications as the Board may deem fit.
(4) Rules made under this section shall come into force on the date of their publication in the Gazette or on such other date as the Board may direct.
Regulations.
Rules.
19
CHAPTER V FINANCE AND ACCOUNTS
29. (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, namely :—
(a) any contribution or grant by the Government, Central Government, Council, University Grants Commission, Industrial Undertakings, Corporations, Companies or local authorities;
(b) income of the University from any source including income from fees, charges and sale proceeds;
(c) bequests, donations, endowments and other grants, if any, received by the University; and
(d) miscellaneous receipts.
(3) With the prior approval of Government, the University may, from time to time, establish such other funds in such name and for such specific purpose or purposes as may be decided by the Board.
(4) Every such fund shall be kept in a Nationalized Bank or Scheduled Bank or invested in such securities as may be decided by the Board.
(5) The funds and all moneys of the University shall be managed in such manner as may be prescribed by Statutes.
(6) The Government may, for the purpose of smooth functioning of the University, make a lump sum grant to it every year.
30. The University may, with the previous sanction of Government as regards the purpose and amount of loan and subject to such conditions as may be specified by Government as to Security and rate of interest, borrow any sum of money from any Nationalized Bank or Scheduled Bank or any other incorporated body.
31. (1) The University shall prepare the financial estimates of receipts and expenditure of the University in such manner as may be prescribed by Statutes.
(2) The Board shall consider the estimates so prepared and approve them with or without modification.
(3) The University shall submit such estimates as approved by the Board to the Government, for its sanction.
University Fund.
Power to Borrow.
Financial Estimates.
20
(4) The Government may pass such orders with reference to the said estimates as it thinks fit and communicate the same to the University which shall give effect to such order.
(5) The Board may, in urgent cases where expenditure in excess of the amounts provided for in the budget is found to be necessary, for reasons to be recorded in writing, incur such expenditure.
32. (1) The annual accounts of the University shall be prepared by the Comptroller of Finance under the direction of the Board and all moneys accruing to, or received by, the University from whatever sources and all amounts disbursed and paid by the University shall be entered in the accounts.
(2) The accounts of the University shall, at least once in every year and at an interval of not more than fifteen months, be audited in accordance with the provisions of the Orissa Local Fund Audit Act, 1948 and the provisions of that Act shall apply to such audit.
(3) All reports on audit made under sub-section (2) shall, as soon as may be after they are received from the Examiner of Local Accounts, be laid before the State Legislature for a total period of fourteen days which may be comprised of one or more sessions.
(4) The Government shall have powers to conduct special audit if required in respect of utilization of funds and the University shall comply with the directions issued by the Government on such audit.
(5) The auditors shall also report on any other matter relating to the accounts of the University as may be required by the Government.
(6) The University shall forthwith rectify or remedy any defect or irregularity pointed out by the auditors and report the action taken to the Government.
33. (1) The Board shall prepare the annual report of the University containing such particulars as the Government may specify covering each financial year and, before its final approval, it shall be presented to the Academic Council for its review on or before such date as may be prescribed by Statutes.
(2) Copies of the annual report and the annual accounts shall be sent to Government and the Government shall place them before the State Legislature.
Accounts and Audit.
Orissa Act 5 of 1948.
Annual report.
21
CHAPTER VI SELECTION COMMITTEES
34. (1) The Chancellor shall, in consultation with the Board, constitute from time to time, separate Selection Committees for the purpose of selection of candidates for recruitment to the posts of —
(a) Professors, Associate Professors, Assistant Professors, Workshop superintendent and Readers;
(b) Lecturers and other posts not being of non-teaching staff.
(2) The Selection Committee shall consist of such members as may be prescribed by Statutes.
(3) No person shall be directly recruited as teacher of the University, except on the recommendation of the concerned Selection Committee constituted under sub-section (1).
(4) The quorum for a meeting of a Selection Committee shall be such as may be prescribed by Statutes subject to the condition that the quorum shall include at least one subject expert and a nominee of Government.
(5) The procedure to be followed by each Selection Committee for selection of candidates shall be such as may be prescribed by Statutes.
(6) Where an oral test is proposed to be conducted by the Selection Committee, it may invite, where it is considered necessary, any person or persons with expert knowledge in particular subject to assist the Selection Committee at the interview but such person or persons shall not be entitled to award marks.
(7) The selection lists prepared by the Selection Committee shall be published in the Notice Board of the University.
(8) The selection list published under sub-section (7) shall remain in force for a period of one year from the date of such publication and all vacancies occurred prior to preparation of such selection list shall be filled up from such list.
(9) Where the Board proposes to make an appointment otherwise than in accordance with the order of merit arranged by the Selection Committee, it shall record its reasons therefor in writing and submit them to the Chancellor who may approve the proposal or return it to the Board for reconsideration.
(10) After reconsideration in pursuance of sub-section (9) if the Board desires to pursue its original proposal, it shall refer the matter again to the Chancellor for his decision and the decision of the Chancellor thereon shall be final.
Constitution of Selection Committee.
22
(11) The Chancellor shall have the power to give directions to the Vice-Chancellor to cancel any appointment not made in accordance with the provisions of this section:
Provided that before giving a direction under this sub-section, the Chancellor shall give to the person so appointed a reasonable opportunity to show cause as to why such direction should not be given and shall consider his explanations and objections, if any.
(12) If at any time it is disclosed that a person has, while applying for appointment to any post under the University, made any false statement or declaration before the Selection Committee or in any application submitted by him or has produced any false document, his appointment shall, without prejudice to any other action that may be taken against him, be cancelled by the Vice-Chancellor:
Provided that before cancelling any such appointment, the Vice- Chancellor shall give to the person, so appointed, a reasonable opportunity to show cause as to why the appointment should not be cancelled and shall consider his explanations and objections, if any.
CHAPTER VII FILLING UP VACANCIES, REMOVAL ETC. OF MEMBERS OF THE AUTHORITIES OF THE UNIVERSITY
35. No act or proceedings of the Board, Academic Council or any other authorities of the University shall be invalid merely by reason of any vacancy existing in the authority performing the act or passing the proceedings.
36. All vacancies arising by reason of death, resignation or otherwise among the members of any of the authorities of the University, who were nominated or elected, shall be filled up as soon as convenient may be, by nomination or election, as the case may be, and any person so nominated or elected shall hold office for the unexpired portion of the term of his predecessor in office.
37. (1) Any member of any authority of the University may resign from his office by a 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 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 the University for malpractice connected with any University examination, from membership of any authority of the University and for the same reason may withdraw any degree or diploma conferred or granted by the University.
Vacancy not to invalidate the proceedings, etc. of authorities.
Filling up casual vacancies.
Resignation and removal of members.
253
(3) The Vice-Chancellor may, on the recommendation of the Board, also remove any person from the membership of any authority of the University if he becomes mentally unsound or a deaf-mute or has applied to be adjudicated or has been adjudicated as insolvent.
(4) If a member of any authority of the University who is not an ex-officio member fails to attend three consecutive meetings of that authority, he shall cease to be a member of such authority, and thereupon the Registrar shall intimate him that he has ceased to be such member :
Provided that such authority may, if satisfied that there was sufficient cause for the failure of the member to attend the meetings, restore him to its membership with an intimation to the Registrar.
CHAPTER VIII MISCELLANEOUS
38. No suit or legal proceeding shall be instituted against, or damage claimed from, the University or its authorities or officers, for anything which is, in good faith, done or intended to be done, or for any order passed in good faith, in pursuance of this Act, the Statutes, Regulations or the Rules.
39. (1) If any question arises regarding the interpretation of any provision of this Act or any Statutes or as to whether a person has been duly appointed or nominated or is entitled to be a member of any authority of the University, the matter may be referred to the Chancellor.
(2) The Chancellor shall, after taking such advice as deemed necessary, decide the question and such decision thereon shall be final.
40. The Registrar shall forward to the Government copies of the proceedings of every meeting of the Board and the Academic Council within two months of the meeting.
41. (1) The Government shall have the right to cause inspection, to be made by such person or persons as it may direct, of the University, its buildings, laboratories, libraries, museums, workshops and equipments or any institution maintained 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 subsection (1), give notice to the University of its intention to cause such inspection or enquiry to be made and the University shall be entitled to be represented thereat.
Protection of acts and orders.
Registrar to forward copies of proceedings to Government.
Question regarding interpretation and dispute regarding constitution of authority.
Powers of Government to cause inspection of University.
24
(3) The Government shall communicate to the Board the result of any inspection or inquiry made under sub-section (1) and may, after ascertaining the opinion of the Board thereon, convey its views to the Vice- Chancellor and to the Board.
(4) The Government may, after considering the views of the Vice-Chancellor and the Board on the result of any inspection or inquiry made under sub-section (1), advise the University upon the action to be taken in the matter.
(5) The Board shall report to Government the action, if any, which is proposed to be taken or has been taken upon the result of any inspection or inquiry made under sub-section (1).
(6) A report under sub-section (5) shall be submitted to Government with the opinion of the Board thereon within such time as the Government may direct.
(7) Where the Board does not, within a reasonable time, take any action referred to in sub-section (4) to the satisfaction of the Government, the Government may, after considering any explanation furnished by the Board in the matter, issue such directions as it may think fit and the Board shall comply with such directions.
42. (1) The Government may, at any time, and shall, on the expiry of five years from the commencement of this Act and thereafter at the expiration of every five years, by an order published in the 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 make a report on—
(i) the working of the University with special reference to quality and relevance of courses of studies and instructions;
(ii) the financial position of the University;
(iii) the suitability of the provisions of this Act or the Statutes, Regulations and Rules with a view to bringing 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 recommendations to the Government as it thinks fit.
(3) On receipt of the report and the recommendations of the Commission under sub-section (2), the Government shall forthwith refer such report and recommendations to the Board for consideration and report.
Appointment of Commission.
25
43. With the previous approval of Government, the University may make appropriate provisions for the benefit of its officers, teachers and other employees under its control in the matters of pension, insurance and provident fund and for such other benefits as it may deem fit, in such manner as may be prescribed by Statutes.
44. If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of two years from the commencement of this Act.
45. Notwithstanding anything contained in section 50 of the Biju Patnaik University of Technology Act, 2002, the geographical area of the Veer Surendra Sai University of Technology established under this Act shall stand excluded from the jurisdiction of the Biju Patnaik University of Technology, Orissa, from the date of issue of notification under sub-section
(1) of section 3 of this Act.
By order of the Governor B. K. NAYAK Principal Secretary to Government Pension, insurance and provident fund.
Removal of difficulties.
Exclusion of jurisdiction of Biju Pattnaik University of Technology, Orissa.
Orissa Act 9 of 2002.
Printed and published by the Director of Printing, Stationery and Publication, Orissa, Cuttack-10 OGP/SBP., Ex. Gaz. No. 1889—193+580 DTP-12-2-2009 Print-12-2-2009 26