(i) to initiatc proposals for the making of Statutes and Ordinances including proposals for amendment or repeal thereof, in the manner hereafter provided;
(ii) to recommend to the Chancellor the establishment of University Departments, institutions, centres, libraries, laboratories and museums for study and research;
(iii) to maintain University Departments, University Institutions, University Libraries, University Laboratories and University Museums;
(iv) to establish, maintain and manage Hostels and hall;
(v) to direct the inspection of University Libraries, University Laboratories, University Museums, hostels and halls;
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(vi) ~(vii) to recommend to the Chancellor, after consultmg the Academic Council the institutions of fellowships, travelling fellowships, studentships, stipends, bursaries, exhibitions, medals and prizes, the expenses of which shall be met from the University Fund, and to award the same after institution thercof by the University;
to recommend to the Chancellor, after consulting the Academic Council, the creation and ‘institition of professorships, Associate Professorships, Assistant professorships as per the UGC guideline and such posts as may be necessary for the establishment of the University Departments, Institutions, Colleges Librarics, Laboratories and museums;
(viii) to create, with the afiproval of the State Government, posts of officers, teachers
(ix)
(x)
(xi)
(xii) and other employecs of the University and to recommend to the Senate for creation of posts of officers and teachers of the University;
to appoint teachers and employees of the University and to fix their emoluments and define their duties and other terms and conditions of service in accordance with the Statutes and the Ordinances and to suspend, discharge or otherwise punish in accordance with the Ordinances such teachers, officers and employces;
to pass appropriate orders on the basis of the recommendation of the Academic Council regarding affiliation of a college or an institution or a centre in one or more subjects or withdrawal of affiliation or recognition of a college or institution or a centre;
to make draft of Statutes, on the recommendation of the respective Council for under-graduate studies, for colleges, other than Government Colleges, prescribing the constitution, powers and functions of their Governing Bodies;
to determine the terms and conditions of service of Librarians and non-teaching staff;
(xiii) to make rules for Teachers’ Council for Colleges;
(xiv) to prescribe and collect fees or charges for registration of students and their
(xv) admission to courses of studies organized by the University for holding cxamination, for the grant of degrees, diplomas and certificates, and for other like purpose;
to reccommend to the Chancellor, after consulting the Academic Council, the institution of degrees, titles, diplomas, certificates and other academic distinctions;
(xvi) to recommend to the Chancellor, on the advice of the appropriate body, the conferment of degrees titles, diplomas, certificates and other academic distinctions on persons who have pursued preseribed course of studics or have been exempted there from in the prescribed manner, and have passed such examination, or have carried on research under such conditions, as may be prescribed;
(xvii)to recommend to the Chancellor the conferment of honorary degrees and other academic distinctions;
(xviii)to make regulations regarding the examinations which shall be recognized as the cquivalent examinations held by the University;
(xix) to make regulations regarding the conduct of examinations held by the University and the conditions under which students may be admitted to the different courses of studies of and the examinations held by the University;
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(xx) to make rcgulations regarding all other matters which 1 ay be or-are required to be preseribed or provided by regulations;
(xxi) to provide for co-operation and reciprocity among -colleges, institutions and laboratories and the University so as to foster development of acaderhic life and to cnsurc the fullest utilization of the teaching resources available on the recommendation of the respective faculty Council for undergraduate studies;
(xxii)to give directions regarding the form, custody and usc of the common scal of the University;
(xxiii)to acquire, hold and dispose of property, movable and immovable, and to administer all assets, properties and funds of the University and to undertake all measurcs necessary or desirable for the conservation or augmentation of the resources of the Universi
Provided that for the purposc of disposing of any property valued at not less than onc lakh of rupees previous approval of the Senate shall be necessary;
(xxiv).to accept and administer gifts, endowments and benefactions for the furtherance of the purpose of this Act;
(xxv) to accept grants and, with the approval of the State Government, to raisc or accept loans on behalf of the University and to make grants or advances from the University Fund or other Special funds maintained by the University;
(xxvi) to enter into an agreement with State Government or with the approval of the State Government with any person, body or authority for the taking over by the University of the management of any college or institution including its assets and Habilities, or for any other purpose not repugnant to the provisions of this Act on the recommendation of the Faculty Council for post-graduate studics or the Council for under-graduate studies concerned;
(xxvii) to manage the Press Establishment, the publication Burcau and the Iimployment Bureau of the University and to exercise general supervision over Students’ Unions, University Extension Board and University Sports Board, if any, and other bodies instituted by the University;
(xxviii)to approve the Annual Statement of Accounts and the Annual Financial Fstimates of the University and submit the same to the Senate for consideration;
(xxix) to prepare the’ annual report and submit the same to the Senate for consideration;
(xxx) to make due provisions for the health, welfare, residence and discipline of students and their relationship with the University and to provide for such other training of students as may be considered desirable;
(xxxi) to co-operate with other Universitics, institutions, associations, societics or bodics on such terms and for such purposes, not inconsistent with the purpose of this Act, as it may determine;
(xxxii) to make rules for the transaction of its own business;
(xxxiii) The minimum qualifications for the post of Principal, teachers and teachers of the University will be in accordance with the UGC guideline;
Page 17+
(xxxiv) to hold and conduct University examination leading to degrees, diploma and certificates and to approve and publish the results thereof in accordance with the regulations made in this behalf;
(xxxv) to excrcise all other powers and perform all other functions conferred and imposed on the Syndicate by or under this Act.
Academic Council .
24. (i) 'The Academic Council shall be the principal academic body of the University and subject to the provisions of this Act, the Statutes and the Ordinances
(2)
(b) Shall have the control and general regulations of and be responsible for the maintenance of standard of instruction, education and research carried on or imparted in the University;
May advise the Syndicate on all academic matters including matters relating to examinations conducted by the University; and shall have such powers and duties as may be conferred or imposed upon it by the Statutes;
(1) The Academic Council shall consist of the following members, namely -
(a)
(b)
(c)
(d)
(e) (0] @
(h) The Vice-Chancellor;
_The Deans of all Faculties;
The Registrar of the University shall be the Ex officio Secretary of the Academic Council;
All Heads of Departments of the University and where there is no department in a subject in the University, the senior-most teacher from affiliated colleges, representing that subject on the Faculty concerned;
All professors of the University who are not Heads of Departments;
The Principals of constituent or affiliated colleges, if any;
Fifteen teachers of the constituent or affiliated colleges to be nominated by the Vice-Chancellor by rotation according to seniority;
Five persons of academic eminence to be nominated by the Chancellor;
(ii) The term of office of members other than ex-officio members shall be such as may be prescribed by the Statutes.
Powers and functions of the Academic Council.
25.(i) Powers and Functions of the Academic Council shall be -
(2) (®)
(c) @ to scrutinize and make its recommendations on proposals submitted by the Boards of Studigs through the Faculties in regard to the course of study and to recommend principles and criteria on which examiners and the inspectors may be appointed, for consideration of the Syndicate;
to report on any matter referred or entrusted to it by the Syndicate;
to advise the Syndicate in regard to the Universities and institutions and in regard to their equivalence with the diploma and degrees of the University;
to advise the Syndicate in regard to the qualifications required to be possessed by persons imparting instruction in particular subjects for the various degree and diplomas of the University; and Page 18+
(e) to perform in relation to academic matters all such duties and to do all such acts as may be necessary for the proper carrying out of the provisions of the Act, the Statutes and the Ordinances.
(if) The meetings of the Academic Council shall be called under the directions of the Vice-Chancellor.
Provided that, interval in between two meetings shall not exceed six months.
‘The Faculties.
26. (i) The University shall have such Faculties as may be prescribed;
(i) Tach Faculty shall comprise such departments of teaching as may be prescribed and each department shall have such subjects of study as may be assigned to it by the Ordinance;
(iii) There shall be a Board of each Faculty, the constitution (including the term of office of its members) and powers and duties of which shall be such as may be prescribed;
(iv) ~There shall be a Dean of each Faculty who shall be chosen from amongst the Professors by rotation in order of seniority and shall hold office for three years and their terms and conditions of holding officer shall be prescribed in Statutes;
(v) The Dean shall be the Chairman of the Board of Faculty and be responsible for
(a) the organization and conduct of the teaching and research work of departments comprised in the Faculty; and (by the duc observance of the Statutes, Ordinance and Regulations related to the Faculty; .
(vi) In cach Department of teaching in the University, there shall be a Head of the Department whose appointment shall be regulated by Statutes;
(vii) The Head of Department shall be responsible to the Dean for the organization of teachingin the Department and have such other powers and duties as may be provided in the Ordinance;
(viii) There shall be constituted in accordance with the provisions of the Ordinances, s of Studies in respect of different subjects of study and more than onc subject may be assigned to one Board of Studies..
The Finance Committee.
27. There shall be a Finance Committee with the Vice-Chancellor as the Chairman. The Constitutions,. powers and functions of the Finance Committee shall be prescribed by Statutes and its procedure in financial matters, including the delegation of its powers, shall be prescribed by Ordinance.
Planning Board.
28. (i) There shall be constituted in the University a Planning Board which shall be the principal planning body of the University and be responsible for the monitoring of the development of the University on the lines as laid down in the objects of the University;
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(i) The Planning Board shall be presided over by the Vice-Chancellor and shall include nine other members to be nominated by the Syndicate out of whom six shall be from within the Uniyersity and three from outside;
(iii) All members of the Planning Board other than the Vice-Chanéellor shall hold office for a term of three years;
(iv) The Planning Board shall in addition to all other powers vested on it by this Act have the right to advise the Syndicate and the Academic Council on any matter which it may decm necessary for the fulfilment of the objects of the University;
(v) The Planning Board may constitute Committee or Committecs for the Planning or monitoring of the programmes of the University;
(vi) 'The Planning Board shall meet at such intervals as it may deem expedient but it shall mect at least thrice a year.
Mode of appointment of teachers.
29. (i) A University Professor shall be appointed by the Syndicate as per the UGC Regulrtion on the basis of a selection committee consisting of :
a) Vice-Chancellor, as the Chairman;
b) A person, not holding any office of profit under the University and having special knowledge on the subject which the Professor will teach, nominated by the Chancellor;
¢) two persons, not holding any office of profit under the University and having special knowledge on the subject which the Professor will teach, nominated by the Syndicate;
d) The Dean of the Faculty concerned.
(ii) A University Associate Professor or a University Assistant Professor shall be appointed by the Syndicate as per the UGC Regulation on the basis of a sclection committee consisting of:
a) Vice-Chancellor, as the Chairman;
b) A person, not holding any office of profit under the University and having special knowledge on the subject which the Associate Professor or the Assistant Professor as per UGC Regulation will teach, nominated by the Chancellor;
¢) two persons, not holding any office of profit under the University and having special knowledge on the subject which the Associate Professor or the Assistant Professor will teach, nominated by the Syndicate;
d) The Dean of the Faculty concerned.
Procedure for holding meetings of selection Committee.
30. (i) Three members, of whom at least two shall be persons having special knowledge on’ the subject concerned, shall be a quorum for a meeting of a Selection Committee
(ii) If the Syndicate does not accept the recommendation of a Selection Committee, it shall refer the recommendation stating reasons for not accepting it to the Chancellor and the decision of the Chancellor shall be final.
Page 20 Special Provision for Selection of candidates for teaching posts.
31. @
(if) Notwithstanding anything contained in scection 29 or Section 30, until the constitution of a sclection Committee referred to therein, a University Professor or a University Associate Professor or a University Assistant Professor shall be appointed by the Maharaja Bir Bikram University Council, referred to in subsection (1) of scction 58 on the recommendation of a Selection Committee, constituted by the said Council in such manner as it thinks {it, which shall include as its member at least one person not holding any office of profit under the University and having special knowledge of the subject which the Professor or the Associate Professor or the Assistant Professor, as the case may be will teach, nominated by the Chancellor.
If the Maharaja Bir Bikram University Council does not accept the recommendations of the Selection Committee the provisions of sub-section (ii) of Section 29 shall apply mutatis mutandis.
Letter of appointment of teachers officers & employees.
32, (i)
(i)
(iii)
(iv) Every Teacher, cvery officer and every employee of the University shall, on appointment as suchi, be provided with letter of appointment containing such terms and conditions of appointment as may be prescribed by Ordinances.
A teacher or an officer or an employee appointed against a permanent vacancy shall be on probation ordinarily for a period of one year from the date of such appointment and such period of probation may, at the discretion of the appropriate authority of the University, be extended for a further period not exceeding one year.
If, at any time during the period of probation, the probationer’s work is not considered satisfactory, the probationer shall be discharged by the authority concerned.
On satisfactory completion of the period of probation, a teacher or an officer or an cmployee, as the case may be, shall be confirmed with effect from the date of his appointment on probation by an order in writing made by the University in this behalf and the fact of such confirmation shall be communicated to the person concerned.
Provided that if, on completion of the period of probation, no such order of confirmation is made and communicated to the persons concerned within a period of two months of the completion of the period of probation, the persons concerned shall be deemed to have been confirmed with effect from the date of his appointment on probation completion of the period of probation, the person concerned shall be deemed to have been confirmed with cffect from the date of his appointment on probation.
Termination of service of temporary teacher, officer or employee.
33. The services of a temporary teacher or employee shall not be terminated before expiration of the period for which he is appointed except after serving one month’s salary in lieu thereof.
Page 21 ¢ Standing Committee for selection of officers or employees.
34. The Syndicate may Constitute Standing Committec or Standing Committees for sclection of persons for appointment to the posts of officers and to the other non-teaching posts and may, su method Tribun:
35. (i)
(11)
(i)
(iv) ) ibject to the provisions of this Act, prescribed by Ordinances .the procedure and the of such selection.
al.
If in the case of anydispute between the University and any Teacher, Officer or employees of the University no final order has been passed by the University within a period of one year from the date on which the dispute was referred to the University by such Teacher, Officer or employees, such dispute shall on the request of such Teacher, Officer or employec, be referred to a Tribunal consisting of the following members, namely:
a) A Chairman to be nominated by the Chancellor;
b) One person to be nominated by the Syndicate;
¢) One person to be nominated by the Teacher, officer or employce concerned;
Any appeal from an employee of the University in a disciplinary matter shall be referred to the Iribunal and shall be decided and disposed of by the Tribunal;
‘T'he 'I'ribunal may call for any record, report or other information from the University if in its opinion, such record, report or the information is necessary for cfficient discharge of its functions, and the University shall furnish such record report or other information to the Tribunal;
I'he decision of the Tribunal shall be final and no suit or proceeding shall lic in any civil court in respect of the matters decided by the Tribunal;
Every request under sub-section (i) shall be deemed to be a submission to arbitration upon the terms of this section, within the meaning of the Arbitration Act, 1940, and all the provisions of that Act with the exception of section 2 thercof shall apply accordingly.
CHAPTER - IV General provisions governing all authorities or other bodies of the University Disqualifications.
36. (i) No persons shall be qualified for election or nomination as a member of any
(ii) (i authority or body of the University or shall continue as such members if he - a) is of unsound mind or a deaf-mute or b) is an undercharged insolvent, or ¢) has been convicted by a court of law for an offence involving moral turpitude.
In case of any doubt or dispute, the Chancellor’s decision whether a person is disqualificd under the provisions of sub-section (i) shall be final.
) No persons shall be entitled to stand as a candidate for election to any authority or body of the University from more than one constituency.
(iv) No person shall be entitled to be enrolled as a voter for, or to cast his vote at, an clection to any authority or body of the University from more than one constituency:
Page22.
Provided that this sub-section shall not apply in the casc of an clection of members of the Senate to the Syndicate, the Faculty Councils for Post-graduate studics, and the Councils for Under-graduate studies. ' Terms of officc of members.
37. (i) Save as otherwise provided in sub-section (iv) an elected or nominated member of any authority or body of the University shall hold office for a period of four ycars from the date of his election or nomination, as the case may be :
Provided that in respect of the first elections and nominations under this Act, the . said period of four years shall commence from the datc of the first meeting of the authority or body held after such elections and nominations;
(i) The term of office of members other than ex-officio members of any authority or body of the University shall be held to include any period which may elapsc between the expiry of the said term and the date of election of new members to such authority or body to fill vacancies arising by efflux of time;
(iif) When elections are held on more than one date, the last of such dates shall be taken to be the date of election for the purpose of this section;
(iv) Any member clected or nominated to fill causal vacancy shall hold office for the unexpired portion of the term of office of the member in whose seat he is so elected or nominated.
Cessation of Membership in certain cases.
38. (i) When a person is qualified to be a member of any authority or body of the University by virtue of his membership of any other authority or body hc shall cease to be a member of the authority or body of the University when he ceases to be a member of the other;
(ii) When a person is elected or nominated as a member of any authority or body of the University from any constituency, he shall cease to be such a member when he ceases to belong to that constituency.
Filling of Vacancies.
39. (i) Any casual vacancy among the elected members of any authority or body of the University shall be filled, in such manner and within such time as may be prescribed, by election by such authority or body of persons representing the interest which the member, whose seat has become vacant, represented;
(i) Any vacancy among the nominated member of any authority or body of the University shall be filled, within such time as may be prescribed, by nomination by the person or authority that nominated the member whose seat has become vacant;
(iii) Vacancies arising by efflux of time in the seats of elected members of authority or g body of the University shall be filled by election to be held on such date or dates, not later than six months or such extended period as the Chancellor may, by order made in this behalf, specify so, however, that the aggregate period shall not exceed one year, from the date on which the vacancies arise, as the Vice-Chancellor may fix.
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40. No Act or proceeding of the University or of any authority or body of the University shal! be deemed to be invalid mercly by reason of the existence of vacancy or vacancies among its members or the invalidity of the election of any of the members.
Explanation- For the avoidance of doubt it is hereby declared that when the office of any member of any authority or body of the University cannot be filled up, when such authority or body is constituted for the first time, on account of any selection or appointment not being for any reason feasible, there shall be deemed to be vaéancy in the office of such member until such election takes place or such appointment is made.
Election Tribunal.
41. (i) There shall be an Election Tribunal to which shall be referred any question as to whether any person is eligible under this Act for election or nomination or has been duly elected or nominated as, or is entitled to be a member of any authority or body of the University, and the decision of the Election Tribunal on such question shall be final;
(ii) The constitution of the Election Tribunal shall be prescribed by Statutes;
(iii) 1If during the progress of any election. of members to any authority or body of the University, the clection Tribunal is satisfied that such clection is vitiated by fraud or coiupt practices, the Election Tribunal may make an order annulling the proceedings in respect of such election or any part thercof and dirccting fresh proceedings to be started, in accordance with the provisions of this Act and the Statues, the Ordinances and the Regulations, from such stage as may be specifigd in the order and such order of the Election Tribunal shall be final;
(iv) No suit or proceeding shall lie in any civil court against a decision or order of the Election Tribunal under sub-section (i) or sub-section (iii) as the case may be.
Casting Vote by the Chairman.
42, At a meeting of the Senate, the Syndicate, the Academic Council or any other authority or body of the University the person presiding at the meeting shall not vote in the first instance but shall have, and exercise, a casting vote in the case of any cquality of votcs.
CHAPTER -V Funds of the University, Accounts Audit and Inspection The University Fund. .
43. (i) The University shall have a fund to be known as the University Fund to which shall be credited all its income from fees, fines, contributions donations, loans and . advances and from any other source whatsoever. The University may also create, by Orainances made in this behalf, separate special funds of the administration of endowments, trusts or specific grant or grants for other special purposes.
(i) Teachers of the University are allowed to apply for any fund related to research or any purpose to any Govt. or Non Govt. Research or for any purpose to any Govt.
or non Govt. organisation/statutory bodies. Where the fund will be utilised by the University for the purpose for which it is sanctioned considering the fund are of University. :
Page 24 ¢ General limitation of financial powers of the University.
44. (i) The budget of the University showing the receipt and expenditure of the University on_different accounts for a financial year shall be submitted to the State Government for approval at least four months before the beginning of such financial year in such form as may be specified by the State Government;
(i) The State Government shall, within fifteen days of commencement of the financial year to which the budget relates, communicate its approval or otherwisce of the budget to the University; 8
Provided that the State Government shall, from time to time, relcase grants to the University to incur expenditure till the budget is approved;
(iii) Notwithstanding anything to the contrary contained in this Act, the University shall not, except with the prior approval of the State Government incur any expenditure on any account in cxcess of the amount specified in the budget on that account.
Provident Fund.
45, Any provident fund instituted by the University for the benefit of its employees shall be eoverned by the provisions of the Provident Funds Act, 1925 as if such fund were a Government Provident Fund and the Syndicate shall have power to frame Ordinances, not inconsistent with the provisions of that Act, for the administration of the fund.
Annual Accounts and Audit.
46. (i) The Annual Statement of Accounts of the University shall, after examination by the Syndicate, be subjected to such audit as the State Government may direct;
(ii) Such Annual Statement of Accounts shall, together with copies of the audit report thercon, be submitted to the Senate which shall consider the audited annual accounts at a meeting and may take such action thereon as it thinks fit;
(iii) The University shall have a continuous internal audit, and the report of such audit shall be submitted to the State Government as soon as possible after the end of cvery financial year;
(iv) The State Government may require the University to supply to it any information in regard to the accounts and the budget and the University shall comply with such requisition.
CHAPTER - VI Statutes, Ordinances, Regulations and Rules.
Statutes.