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Chattisgarh Gazette - Extraordinary · Government of Chattisgarh

भारत सरकार, विधि और न्याय मंत्रालय, विधायी विभाग के पत्र क्रमांक 2(10)/18-Leg.I, नई दिल्‍ली, दिनांक 01-06-2018 के अनुसरण में दि नेशनल स्पोर्ट्स यूनिवर्सिटी ऑर्डिनेन्स, 2018 (क्रमांक 5 सन् 2018) का पुन: प्रकाशन

Published 11 July 2018

Department
विधि और विधायी कार्य विभाग
Type
Extraordinary
Gazette no.
255
Notification no.
6889/डी. 118/21-अ/प्रा./छ.ग./18
Identifier
in.gazette.chhattisgarh.eo.2018-07-11.255
Languages
English, Hindi

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MINISTRY OF LAWAND JUSTICE

(Legislative Department)

New Delhi, the 3lst May,20l9/Jyaistha 10, 1940 (Saka)

THE NATIONAL SPORTS UNIVERSITY ORDINANCE,2OI8

No.5 or20l8

Promulgated by the President in the Sixty-ninth Year of the Republic of

India.

An Ordinance to establish and incorporate aNational Sports University in the State of Manipur, a specialised University first of its kind, to prornote sporls education in the areas of sports sciences, sporls technology, sports management and sports coaching besides functioning as the national'training centre for seiect sports disciplines by adopting best international practices and for matters connected therewith or incidental thereto.

WHEREAS the National Sports Universi{, Bill, 2077 was introduced in the

House of the People and is pending in the House of the People;

AND WHEREAs, Parliament is not ir session and the Presiclent is satisfied that

circumstances exist which render it necessary lor him to take irnmediate action;

NoW TgEnEroRe, in exercise of the powers conferred by clause (i) of article 123 of the Constitution, the President is pleased to promulgate the

following Ordinance :-

Bffit{r"ra {rdq", frnhn r r gar{ zo r s

1" (/) This Ordinance may be called the Nalional Spofts Shorttitle, University Ordinance, 2018.

:X5*#"0"rr"r,, (2) It extends to the whole of India.

(3) It shall come into force at once.

2. In this Ordinance, unless the context otherwise requires,- Definitions.

(a) "Academic and Activity Council" means. the Academic

.. and Activity Council of the University;

(b) "acadenic staff' means such categories of staff as are

designated as academic statrby the Ordinances;

(c) "Board of Sports Studies" means the Board of Sports

Studies of a Department of the University;

(d)'"Chancellor" means the Chancellor of the University;

(e) "'College" means a college or other academic institution established or maintained by, or admiued to the privileges of, the University;

(/)'"Caurt" means the Court of the University;

(g) "Department" means a Deparknent of Studies and

includes a Centre of Sodies;

(h) "employee" means any person appointed by the University and includes teachers and other staff of the University;

(y' "Executive Council" means the Executive Corincil of the

University;

f) "Fina-nce Cor,qmittee" means the Finance Committee of the

University;

(?r,) "Fund" mearls the University Fund referred to in section

30;

A) "Hall" means a unit of residence or of corporate life forthe students of the University, or of an Outlying Campus or of a College or an Institution, maintained by the University;

(m)"Head of the Departmenf'means the head of any teaching

department of the University;

(n) "Institution" means an academic instifution, not being a College, maintained by, or adrnitted to the privileges of, the

dderq {rqqd, fr

510 (l ) University;

(a) "Ouflying Campus" means the campus of the University

as may be established by it at any place within or outside India;

@/ "Principal" means the Head of a College or ar Institution maintained by the University and includes, where there is no

Principal, the person for the time being duly appointed to act as Principal, and in the absence of the Principal, or the acting Principal, a Vice- Principal duly appointed as such;

(q/ 'Regional Centre" means a cenfe established or maintained by the University for the purpose of coordinating and supervising the wotk of Study Centres in any region and for performing such other functions as may be conferred on such

centre by the Executive Council;

(r,) "Regulations" means the regulations made by any authority of the Univenity rmder this Ordinance for the time

being in force;

(s.) "School" means a School of Studies ofthe University;

(l) "section" means the section ofthis Ordinance;

(u) *State" includes a Union tenitory;

(v,) "Statutes" and "Ordinances" mean, respectively, the Statues and the Ordinances of the University for the time being

in force;

(w) 'Study Centre" me,ns a cente established, maintained or recognised by the University for the purpose of advising, counselling, training or for rendering any other assistance required by the students;

(x) "teachers of the University" means Professors, Associate

Professors, Assistant Professors and such other persons as may be appointed for imparting instructions, training or conducting research in the University or in any Outlying Campus, College

or lnstitution or Regional Centres and Study Centres

maintained by the Univenity and are designated as teachers by

the Ordinances;

(y) "University" means the National Sports University established and incorporated as a University under this

Ordinance;

(z) "Vice-Chancellor" means the Vice-Chancellor of the

5lo (2) B-,iiRrB {r"{qd, frai+ r r Ear$ zor a

University;

3. (1) There shall be established a University by the name of

Establishment ofUniversity. 'National Sports University".

(2) The headquarters of the University shall be in the State of Manipur and it may establish or maintain Outlying Campuses, Colleges, Regional Centres and Study Centres at such other places in India as it may deem fit:

Provided that the University may, with the prior approval ofthe Central Govemment, also establish Outlying Campuses and Study Centres outside India.

(3) The frst Chancellor, the first Vice-Chancellor and the first members of the Court, the Executive Council and the Academic and Activity Council, and all such persons who may hereafter become such ofEcers or members, so long as they continue to hold such office or membership, are hereby constituted a body coqporate by the name of 'Nalional Sports Univetsity".

(a) The University shall have perpetual succession and a

cornmon seal, and shail sue and be sued by the said name.

4, The objects of the University shall be--

Objects of University.

(f to evolve as an institute of advanced study in the field of physical education and sports sciences;

(i/ to provide for research and development and

dissemination of knowledge in physical education and spots sciences by providing specially designed academic and training programmes in various areas of physical education and sports sciences aod training in advanced technologies of

sports;

(ii, to shengthen physical education and sports training prograrrunmes to promote sports including traditional and

tribal sports and games;

(rv) to establish centres and institutions of excellence for imparting state of the art educational training and resemch in the fields of physical education and sports sciences, sports technology and high performance training for all sports aad

games;

(v) to provide professional and academic leadership to, other institutions in the field of physical education and sports

sciences;

ud€q6 {Mq-d, fuqi* r r gar{ zor s

s1o (3) (vy' to provide vocational guidance and placement services in physical education, sports sciences, sports medicine, sports

technology and other related fields;

(vii) to gererate capabilities for the development of

klowledge, skills and competences at various levels in the fields of piysical education and sports sciences, sports technology and high performance training for all sports and

games;

(ttiii) to generate capabilities to provide infrastructure of international standard for education, training and research in the areas related to physical education and sports sciences,

sports technology a.nd high pedormance haining for all sports

. and garnes;

(ll,) to prepare highly qualified professionals in the fields of physical education and spots sciences, sports technology and

high performance aaining for all sports and games;

(x) to serve as a Centre of Excellence for the elite and other talented sportspersons of all sports and games and innovation in physical education and sports sciences atrd to carry out,

endorse and propagate research;

(rr,) to function as a leading resource cenbe for knowledge and development in the areas of physical education and sports sciences, sports technology and high performance

training for all sports and games;

(xjf to provide intemational collaboration in the fields of

physical education and sports sciences, sports technology and

high performance training for all sports and games;

(xiii) to establish close linkage with sports academies, schools, colleges, sports and recreation clubs, sports associations and intemational federations for the purpose of teaching, training aad research in physical education and sports sciences, sports technology and high perfomrance training for all sports and garnes; .

(xivl to train talented athletes so as to help them to evolve into elite atl etes ofinternational level;

(ru) to make India become a sporting power;

(ruf such other objects, not inconsistent with the provisions : of this Ordinance, which the Central Government may, by

slo (4) d#{FrE {q[d, ft

notification in the Official Gazette, specify in this behalf.

Powers and functions of

5. (1) The University shall have the following powers and firnctions, namely:-

University.

(l to plan, design, develop and prescribe courses of study

and conduct appropriate academic and training prograunes in physical education and sports sciences including sports technology and to provide for instruction and training in such

branches of leaming as the University may, from time to time, determine and to make provisions for research and for the

advancement and dissemiaation of knowledge;

(ii) to grafi, subject to such conditions as the University

may deteimine, diplomas or certiflrcates to, and confer degrees or olher academic distinctions on, persons, on the basis of examinations, evaluation or any method of testing, and to withdraw any such diplomas, certificates, degrees or other

academic distinctions for good and sufficient cause;

(iir.) to provide opportrmities to the students of the University to participate in the sports toumaments and competitions in co-ordination with established Intemational Sports Federations, National Sports Federations, lndian

Olympic Association and Association of Indian Universities;

(iv) to have liaison or membership with various

international professional organisations or bodies;

(v) to establish and maintain, with the prior approval of the Central Government, such Outlying Campuses, Regional Centres, specialiseqlabomtories or other units for research, instruction and t'dining as are, in the opinion of the University, necessary for the furthemnce of its objects;

(vr) to establish, maintain or recognise Study Centes in the

manner laid down by the Statutes;

fvi, to establish and maintain Coileges, institutions and

Halls;

(vi!y' to confer honorary degrees or other distinctions in the

manner prescribed by the Statutes;

f,, to institute Principalships, Professorships, Asqociate Professorships, Assistant Professorships and other teaching or

academic positions, required by the University and to appoint persons to such Principalships, Professorships, Assooiate

510 (s)

B+{Ftq{rdqd, fr

Professorships, Assistant Professorships or other teaching or

academic positions;

(x) to appoint persons working in any University or academic institution, including those located outside the

country, as teachers of the University for a specified period;

(xi) to teate administrative, ministerial and other posts

and to make appointrnents thereto;

fri, to co-operate or collaborate or associate with any other University or authority or institution of higher leaming, including those located outside the country, in such manner and for such purposes as the University, may determine;

(.riir) to provide facilities through the distance education system to such persons and in such manner as may be prescribed by the Statutes;

(.riu,) to institute and award fellowships, scholarships, studentship, medals aad prizes for raising academic

standards and research;

(n) to organise and to undertake extramural studies

training and exension services;

(rvl,) to make provision for research and advisory services and for that purpose, to enter into such arrangements with other institutions, industrial or other organisations, as the

University may deem necessary;

(wii) to organise and conduct refresher courses, workshops, seminars and ottrer prognlnmes for

teachers, evaluators, other academic staff and students;

(xviiil to appoint on contract or otherwise visiting

Professors, Emeritus Professors, Consultants and such other

persons who may contribute to the advancement of the objects

of the University;

(xrx) to determine standards of admission to the

University, which may include exarnination, evaluation or any

other method of testing;

(s) to demand and receive payment of fees and other

charges;

(xxi) to supervise the residences of the students of the University and to make arrangemeuts for

slo (6) Bderctqrrd, Gqi* r r gari zotr

promoting their health and general welfare;

(xxii) to lay down conditions of services of all categories of

employees, including their code of conduct;

(xxiii) Io regulate and enforce discipline among the students

and the employees, and to take such disciplinary measures in this regard as may be deemed by the University to be

necessary;

(xxl) to make arrangements for promoting the health and

general welfare ofthe employees;

(rru) to receive benefactions, donations and gifts and to acquire, hold and manage, and to dispose of, with the previous approval of the Cental Govemment, any property, movable or immovable, including trust and endowment properties, for the purposes ofthe University;

(xxvt) to borrow, with the previous approval of the Central Govemment, on the security of the property of the University, money for the purposes ofthe University; and

(wvii) to conduct innovative experiments and promote new methods and technologies in the fields of physical education, sports sciences, sports mediciDe, sports

technology, sports numagement and other related fields;

(xxviii) 1o purchase or to take on lease any land or building or sports complex or sports iofrastruchre and scientific sports research equipment or indoor stadium or works which may be necessary or convenient for the purposes of the University, on such terms and conditions as it may think fit and proper and to construct, alter and maintaia any such building or work;

(xxix) to start any new allied course or research programme or diploma or training programme and discontinue any course or training programme;

(m) to invest the fimds of the University in or upon such securities and transpose any investment from time to time in such manner as it may deem {it in the interest of the

University;

(xxxt) to execute conveyances regarding transfers, mortgages, leases, licenses, agreements and other

510 (7)

ddrrqq{qwd, *cis rr Edri zora

conveyances in respect of the property, movable or immovable, including Government securities, belonging to the University or to be acquired for the purposes of the University, after taking prior permission of the Central

Govemment;

(tcxxii) to acl as a technical advisory body to Govemment of India and other National Organisations, State Govemments and National Sports Federations on all matters related to

sports.

(xxxiii) lo provide training, coaching and other back up to high level sports persons for achieving success in different

national and intemational sports competitions;

(xnciv) to give effect to the procedures and standards provided under the Khelo India Scheme or the National Sports Talent Search and Identification Scheme;

(xxxv) to confer autonomous status on a College or an

Institution in the mamer laid down by the Statutes;

(xxxvi) to admit to its privileges any College or krtitution in or outside lndia subject to such conditions as may be laid

down by the Statutes:

Provided that no College or lnstitution shall be so admitted

except with the prior approval ofthe Central Government;

(xxxvii) to provide for the preparation of instructional and haining materials, including films, cassettes, tapes, video

casettes ard other software;

(xwviii) to recognise persons for imparting instructions in any College or Institution admitted to the privileges of the

University; and

(taxix) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or

any of its objects.

(2) The University shall in the exercise of its powers have jurisdiction over the whole of India and to the Outlying Campuses

and Study Centres outside lndia.

(3) In exercising its powers referred to in sub-section (1), it shall be the endeavour of the University to maintain an all-India. character and high standards of teaching, training and research; and the University shall, among other measures which may be

s1o (8) Bdarr6 {qq-d, ficis rr gad zors

necessary for the said purpose, take, in particular, the following measures, namely;

(y' admissions of students and recruitrnent of faculty shall be made on all-India basis through appropriate procedures approved by the Executive Colmcil of t}Ie University;

(iy' foreign students shall be admitted by the University to various courses and programmes as per the policy and schemes

of the Government of India and the procedure approved by the

Executive Council of the National Sports University;

(iif inter-University mobility of faculty with portable pension scheme benefits, if any, and protection of seniority shall be

encouraged;

(iv,) semester system, continuous evaluation and choice-based

credit system shall be introduced and the University shall enter into ageement with other Universities and academic institutions for credit trausfer and joint degree programmes;

(v/ innovative courses and progr.unmes of studies shall be introduced with a provision for periodic review and

restucturing;

(vi) active participation of students shall be ensured in all academic activities of the University, including evaluation of

teachers;

(vif acueditation shall be obtained from the National

Assessment and Accreditation Council or any other accrediting

agency at the national level; and

(viir) e-govemance shall be introduced with effective

management information.

University to be open to all castes, creed,

race or class,

6. The University shall be open to persons of any sex and of whatever caste, creed, race or class, and it shall not be la*firl for the University to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle such person to be appointed as a teacher of the University or to hold any other offrce therein or to be admitted as a student in the University or to graduate thereat or to enjoy or exercise any privilege thereof:

Provided that nothing in this section shall be deemed to preveni the University flom making special provisions for the

Bffitare{rsry, fu{is rrEarf zorr

5lo (e) employment or admission of women, persons with disabilities or

of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes, the Scheduled Tribes and the

other socially and educationally backward classes of citizens:

Provided further that no such special provision shall be made

on the ground of domicile.

Cenfral

Government to

review work and progress of

University.

7. (1) The Central Govemment may, from time to time, appoint one or more persons to review the work and progress of the University, inciuding Outlying Campuses, Colleges Institutions, Regional Centres and Study Centres maintained by it, and to submit a report thereon; and upon receipt of that report, the Central Government may, after obtaining the views of the Executive Council thereon through the Vice-Chancellor, take such

action and issue such directions, as it considers necessary, in respect of any of the matters dealt with in the report and the University shall abide by such action and be bound to comply with such directions.

(2) The Central Govemment shall have the right to cause an inspection to be rnade by such person or persons, as it may direct, of the University, its buildings, sports complexes, libraries, laboratories and equipment, and of any Outlying Campus or College or Institution or Regional Centres or Study Centres maintained by the University; and also of the exanrinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University, Colleges or Institutions or Regional Centres or Study

Centres.

(3) Tbe Central Govemment shall, in every matter referred to in sub-section (2), give notice ofits intention to cause an inspection or inquiry to be made, to the University, and the University shall have the right to make such representations to the Central Government, as it may consider necessary.

(4) After considering the represerltations, if any, made by the University, the Central Government may cause to be made such inspection or inquiry as is referred to in sub-section(3).

(5) Where any inspection or inquiry has been caused to bemade by the Central Government, the University shall be entitled to appoint a representative, who shall have the right to be present

s10 (10) Effit€rra rrqqjT, frqi6 I 1 ged 20 i s

and be heard at such inspection or inquiry.

(6)The Central Govemment may, if the inspection or inquiry is made in respect of the University or any Outlying Campus or College or Institution or Regional Centre or Study Centre established or maintained by it, address the Vice-Chancellor with

reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken

thereon, as the Central Govemment may be pleased to offer, and

on receipt of address made by the Central Government, the Vice-

Chancellor shall communicate to the Executive Council the views of the Central Government with such advice as the Central Government may offer upon the action to be taken thereon.

(7) The Executive Council shall communicate through the Vice- Chancellor to the Central Govemment such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry.

(8/ Where, the Executive Council does not, within a reasonable time, take action to the satisfaction of the Central Govemment, it

may, after considering any explanation fumished or representation made by the Executive Council, issue such directions, as it may think fit, and the Executive Council shail comply with such directions.

(9) Without prejudice to the foregoing provisions of this section, the Central Government may, by order in writing, annul any proceeding of the University which is not in conformity with

the provisions of this Ordinance or the Statutes or the Ordinances:

Provided that before making any such order, the Central Government shall call upon the Vice-Chancellor to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, it shall consider the same.

(10) The Central Government shall have such other powers, in respect of the affairs of the University, as may be prescribed by

the Statutes.

8. The following shall be the officers of the University, namely:-

Officers of University.

(a)the Chancellor;

(b ) fr" Vice-Chancellor;

(d)the Registrar;

s1o (lt)

Eeiarc{rqr{, k{is 11 Ead zors

(e)the Finance Officer;

(/) the Controller of Examinations ;

(g)the Librarian;and

ft) such other officers as may be declared by the Statutes to be the officers of the University.

Chancellor.

9. (l) The Chancellor shall be appointed by the Central

Governrnent in such manner as may be prescribed by the Statues.

(2) The Chancellor shall, by virlue of his office, be the head of the University and shall, if present, preside at the Convocations of the University held for conferring degrees and other ceremonial

fi.nctions and also the meetings of the Court.

Vice-

Chancellor.

10. (l) The Vice-Chancellor shall be appointed by the Central Government in such manner as may be prescribed by the Statutes.

(2)The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give

effect to the decisions of all the authorities of the University.

(3) The Vice-Chancellor may, if he is of the opinion that

immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this

Ordinance and shall apprise such authority at its next meeting the

action taken by him on such matter:

Provided that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the Central Government whose decision thereon shall be final:

Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to represent against such action to the Executive Council within three months from the date on which decision on such action is communicated to him and thereupon the Executive Council may confirm, modifr or

reverse the action taken by the Vice-Chancellor.

(4) Wherc the Vice-Chancellor is of the opinion that any decision taken by any authority of the University is beyond the powers of the authority conferred under the provisions of this Ordinance or the Statutes or the Ordinances, or that any deiision taken by the authority is not in the interest of the University, he may ask the authority concerned to review its decision within

slo (12) Effi-{rrc rrq'q,r, fqqis I I Edi'$ 201 8

sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it

within the said period of sixty days, the matter shall be referred to

the Central Government whose decision thereon shall be final.

(5) The Vice-Chancellor shall exercise such other powers and

perform such other duties as may be prescribed by the Statutes or

the Ordinances.

Deans of

Schools.

11. Every Dean of School shall be appointed in such manner, and on such terms and conditions of service, and shall exercise

such powers and perform such duties, as may be prescribed by the

Statutes.

Registrar.

12. (l) The Registrar shall be appointed in such manner, and on such terms and conditions of service, as may be prescribed by the

Statutes.

(2) Tlre Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University, and shall exercise such powers and perform such

duties, as may be prescribed by the Statutes.

Finance Officer 13. The Finance Officer shall be appointed in such manner, and

shall exercise such powers and perform such duties, as may be

prescribed by the Statutes.

Controller of Examinations.

14. Controller of Examinations shall be appointed in such manner and shall exercise such powers and perform such duties,

as may be prescribed by the Statutes.

Librarian.

15. The Librarian shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers

and perform such duties, as may be prescribed by the Statutes.

Other oflicers. 16. The maffier of appointment and powers and duties of other

officers of the University shall be prescribed by the Statutes.

17. The following shall be the authorities of the University,

Authoritibs of University.

namely:-

(a) the Court;

(b) the Executive Council;

(c) the Academic and Activity Council;

(d) the Board of Sports Studies;

(e) the Finance Committee;

510 (13)

(fl suchother authorities as may be declared by the Statutes to

be the authorities of the University.

18. (1)The constitution of the Court and the term of office of its

members shall be prescribed by the Statutes:

(21 Subject to the provisions of this Ordinance, the Court shall

have the following powers and functions, namely:-

(a) to review, from time to time, the broad policies and programmes of the University, and to suggest measures for

the improvement and development of the University;

(b) to consider and pass resolutions on the annual report and

the annual accounts of the University and the audit report on

such accounts;

(c) to advise the Central Government in respect of any

matter which may be referred to it for advice; and

(d/ to perform such other functions as may be prescribed by

the Statutes.

19. (I) The Executive Council shall be the principal executive

Council.

body of the University.

(2) The constitution of the Executive Council, the term of office

of its members and its powers and firnctions shall be prescribed by

the Statutes.

20. (l) The Academic and Activity Council shall be the

Academic and Activity

principal academic body of the University and shall, subject to the

provisions of this Ordinance, the Statutes and the Ordinances, co- ordinate and exercise general supervision over the academic

policies of the University.

(2) T}ire constitution of the Academic and Activity Council, the term of office of its members and its powers and functions shall

be prescribed by the Statutes:

Provided that the Academic and Activity Council shall have sports persons who have achieved distinction in Olympics or world championships.

21. The constitution, powers and functions of the Board of

Sports Studies shall be prescribed by the Statutes.

22. The constitution, powers and functions of the Finance

Committee.

Committee shall be prescribed by the Statutes.

s10 (14) 6ffis;ra rt-{{^{{FOOTNOTE *}}}}.q{, fut6 I l Ear{ zor s

Other authorities of

23. The constitution, powers and functions of other authorities, as may be declared by the Statutes to be the authorities of the

University.

University, shall be prescribed by the Statutes.

Power to make

24. Subject to the provisions of this Ordinance, the Statutes

Statutes.

may provide for all or any of the following matters, namely:-

(a) the constitution, powers and functions of authorities and other bodies of the University, as may be constituted from time to time; (b) the appointment and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide;

(c) the appointment, powers and duties of the officers of the University and their emoluments; (d) the appointment of teachers, academic staff and other employees of the University, the emoluments and conditions of service;

(e) the appointrnent of teachers and academic staff working in any other University or organisation for a specific period for undertaking a joint project; (/) the conditions of service of employees including

provisions for pension, insurance, provident fund, the manner of termination of service and disciplinary action;

@ the principles governing the seniority of service of the

employees of the University;

(h) the procedure for arbitration in cases of dispute between employees or students and the University;

(il the procedure for appeal to the Executive Council by any employee or student against the action of any officer or authority of the University;

0 the conferment of autonomous status on a College or an

Schools, Departments, Regional Centres and

Institution or a Department; (k) the establishment and abolition of Centres, Halls, Colleges, Institutions, Study Centres;

(l) the conferment of honorary degrees; (m) the conferment and withdrawal of degrees, diplomas, certificates and other academic distinctions ;

(") the management of Colleges, Institutions, Regiondl Centres and Study Centres established and maintained by the

sl0 (1s)

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University;

(o) the delegation of powers vested in the authorities or

offrcers of the University;

(p) the maintenance of discipline among the employees and

sfudents; and

(q) all other matters which by this Ordinance are to be, or may be, provided for by the Statutes.

Statutes, how to 25. (1) The fust Statutes are those set out in the Schedule to this

be made.

Ordinance.

(2) T\e Executive Council may, from time to time, make new or additional Statutes or may amend or repeal any Statutes referred to in sub-section(l):

Provided that the Executive Council shall not make, amend or repeal any Statutes affecting the stafus, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on proposed

changes, and any opinion so expressed shall be considered by the

Executive Council.

(3) Every new Statutes or Statutes amending or repealing existing Statutes shall require the approval of the Central Government il1d rmlss5 so approved, they shall be invalid.

(4) Nofwithstanding anything contained in the foregoing sub-sections, the Central Government may make new or additional Statutes or amend or repeal the Statutes referred to in sub-section(1) during the period of t}ree years immediately after the commencement of this Ordinance:

Provided that the Central Govemment may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed Stafutes as it may consider necessary and such detailed Statutes shall be laid before both Houses of

Parliament.

(5/ Not'withstanding anything contained in this section, the Central Government may direct the University to make provisions in the Statutes in respect of any matter specified by it and if the Executive Councii is unable to implement such direction within sixty days of its receipt, the Central Govemment may,-.after considering the reasons, if any, communicated by the Executivq Council for its inability to comply with such direction, make of

amend the Statutes suitably.

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Powertomake 26. (1) Subject to the provisions of this Ordinance and the ordinances' Statutes, the Ordinances may Fovide for all or any of the

following matters, namely: -

(a)the admission of students to the University and their

enrolment as such;

ft)the corlrses of study and their duration to be laid down for

all degrees, diplomas and certificates of the University;

(c)the medium of instruction and examination;

(d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same;

(e) the fees to be charged for courses of study in the University and for admission to examinations, degrees and

diplomas of the University;

(fl the conditions for award of fellowships, scholarships,

studentships, medals and prizes;

G) the conduct of examinations, including the term of office and manner of appointment and the duties of

examining bodies, examiners and moderators;

(h) the conditions of residence of the students of the

University;

(, the special arrangements, if any, which may be made for the residence arid teaching of women students and

the prescribing of special courses of studies for them;

(j) the establishment of Centres of Studies, Board of Studies, Specialised Laboratories and other

Committees:

(k) the manner of co-operation and collaboration with other Universities, institutions and other agencies

including learned bodies or associations;

(l) the creation, composition and functions of any other body which is considered nebessary for improving the

academic life of the University;

(m) the institution of fellowships, scholarships,

studentships, medals and prizes;

(n) the setting up of a machinery for redressal df

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grievances of employees and students; and

(o) ny other matter which, by this Ordinance or the Statutes,

is to be or may be, provided for by the Ordinances.

(2) The first Ordinances shall be made by the Vice-Chancellor with previous approval of the Executive Council and the Ordinances so made may also be amended, repealed or added to at any time by the Executive Council in the manner prescribed by

the Statutes.

Regulations.

27. The authorities of the University may make Regulations, consistent with this Ordinance, the Statutes and the Ordinances,

for the conduct of their own business and that of the Committees, if any, appointed by them and not provided for by this Ordinance, the Statutes or the Ordinances, in the Rlanner prescribed by the

Statutes.

Annual Report. 28. (l) The annual report of the University shall be prepared under the directions of Executive Council, which shall include,

among other matters, the steps taken by the University towards the

fi.rlfilment of its objects and shall be submitted to the Court on or before such date as may be prescribed by the Statutes and the

Court shall consider the report in its annual meeting.

(2) The Court shall submit the annual report to the Central

Government along with its comments, if any.

(3) The Central govemment shall, as soon as may be, cause a copy of the annual report to be laid before both the Houses of

Parliament.

Annual Accounts.

29. (1) The annual accounts and balance-sheet of the University shall be prepared under the directions of the Executive Council and shall, once at least every year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor- General of India or by such persons as he may authorise in this

behalf.

(2) A copy of the annual accounts together with the audit report thereon shall be submitted to the Court and the Central Government along with the observations of the Executive

Council.

(3) AnV observations made by the Central Govemment sn the annual accounts shall be brought to the notice of the Court and the observations of the Court, if any, shall, after being considered by

510 (1E) E,-if,i{jtBir"fq-d, fu-s uEf 2oi8

the Executive Council, be submitted to the Central Government.

@)The Central Govemment shall, as soon as may be, cause the copy of the arrnual accounts together with the audit report to be

laid before both the Houses of Parliament.

(5) The audited annual accounts after having been laid before

both the Houses of Parliament shall be published in the Gazette of India.

30. (1) There shall be a University Fund which shall include-

Fund of University.

(a) arry contribution or grant made by the University Grants

Commission or the Central Government;

@ any contribution or grant made by the State

Government,

(c) any contribution made by Government, semi-

Government or autonomous bodies:

bequests, donations, endowments or

(d) wty loans, gifts,

other grants, if any;

(e) income received by the University from fees and

: charges;

O the moneys received by the University from the collaborating industries in terms of the provisions of the Memorandum of Understanding entered between the University and the industry for the establishment of sponsored chairs, fellowships or infrastructure facilities of the University;

and

(g) amounts received in any other manner from any other

source.

(2) All funds of the University shall be deposited in such banks or invested in such manner as the Board may decide on the recommendation of the Finance Committee.

(i) The funds of the University shall be applied towards the expenses of the University including expenses incurred in the exercise of its powers and discharge'of its functions by or under

this Ordinance.

Returns and 31. The University shall fumish to the Central Government information' such returns or other information with respect to its propeity or activities, within such period, as the Central Government may,

from time to time, require.

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Conditions of service of

employees, etc

32. (l) Every employee of the University shall be appointed under a written contract, which shall be lodged with the University and a copy of which shall be furnished to the employee

concerned.

(2) Any dispute arising out of the contract between the University and any employee shail, at the request of the employee,

be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by

the employee concerned and an umpire appointed by the Central

Govemment.

(3) The decision of the Tribunal shall be final and no suit shall lie in any civil court in respect of the matters decided by the Tribunal:

Provided that nothing in this sub-section shall preclude the employee from availing of judicial remedies available under articles 32 and226 of the Constitution.

(4) Every request made by the employee under sub-section (2)

shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration and 26 of 1996 Conciliation Act, 1996.

(5) The procedure for regulating the work of the Tribunal shall

be prescribed by the Statutes.

33. (1) Any student or candidate for an examination whose name has been removed from the rolls of the University by &e

orders or resolution of the Vice-Chancellor, Discipline Committee

Procedure of appeal and arbitration in disciplinary cases against or Examination Committee, as the case may be, and who has been

students.

debarred from appearing at the examinations of the University for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the Executive Council and the Executive Council may confirm, modiff or reverse the decision of the Vice- Chancellor or the

Committee, as the case may be.

(2) AnV dispute arising out of any disciplinary action taken by the University against a student strall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-sections (2), (3), (4) and (5) of section 32 shall, as far as may be, apply to a reference made under this sub-section.

fught to Appeals.

34. Every employee or student of the University or of a College or an Institution or a Regional Centre or a Study .Centre

slo (20)

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established or maintained by the University shall, notwithstanding anything contained in this Ordinance, have a right to appeal to the Executive Council within such time, as may be prescribed by

the Statutes, against the decision of any officer or authority of the

University, or of the Principal or the management of any College

or Institution or Regional Centre or Srudy Centre, as the case may

be, and thereupon, the Executive Council may confirm, modifr or

reverse the decision appealed against.

Provident and

Pension Funds.

35. (1) The University shall constitute for benefit of its employees such provident fund or any other similar fund or provide such insurance schemes, as it may deem fit, in such manner and subject to such conditions, as may be prescribed by

the Statutes.

(2) Where such provident fund or other similar fund has been so constituted, the Central Govenrment may declare that the provisions of the Provident Funds Act, 1925 shall apply to such tgof 1925 fund, as if it were a Government provident fund.

Disputes as to constitution of

autliorities and

36. If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be

bodies.

referred to the Central Govemment whose decision thereon shall

be final.

Filling of casual

vacancies.

37. All casual vacancies among the members (other than ex- fficio members) of any authority or other body of the University shall be filled, as soon as may be, by the person or body who

appoints, elects or co-opts the member whose piace has become

vacant and the persons appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills

would have been a member.

38. No act or proceedings of any authority or other body of the

Proceedings of authoritibs or

University shall be invalid merely by reason of the existence of a

bodies not

vacancy or vacancies among its members.

invalidated by

vacancies.

Protection of action taken in good faittr.

39. No suit or other legal proceedings shall lie against any officer or other employee of the University for anything which is in good faith done or intended to be done in pursuance of qny of

the provisions of this Ordinance, the Statutes of the Ordinances. -

40. Notwithstanding an1'thing contained in the Indian Evidence

Mode of Proof of University

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Record

Acl,1872 or in any other law for the time being in force, a copy of I of 1872 any receipt, application, notice, order, proceeding or resolution of any authority or other body of the University, or any other document 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, order, proceeding, resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in

evidence.

Powers to remove difficulties,

41. (1) If any difliculty arises in giving effect to the provisions of this Ordinance, the Central Govemment may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Ordinance, as appears to it

to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of three years from the commencement of this

Ordinance.

(2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

Statutes, 42, (l) Every Statute, Ordinance or Regulation made under this R::frffin# ordinance shall be published in the official Gazette.

be published in the Official Gazette and to

be laid before Parliament.

(2)Every Statute, Ordinance or Regulation made uncler this Ordinance, shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period

stD (22)

of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the exprry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modif,rcation in the

Statute, Ordinances or Regulations or both Houses agree that the Statute, Ordinances or Regulations should not be made, the Statute, Ordinances or Regulations shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done

under the Statute, Ordinances or Regulations.

(3) The power to make Statutes, Ordinances or Regulations shall include the power to give retrospective effect, from a date not earlier than the date of cofirmencement of this Ordinance, to the Statutes, Ordinances or Regulations or any of them but no retrospective efflect shall be given to any Statues, Ordinances or

Regulations so as to prejudicially affect the interests of any person to whom such Statutes, Ordinances or Regulations may be

applicable.

Tiansitional

43. Notwithstanding anything contained in this Ordinance and

provlslons,

the Statutes,-

(a) the first Vice-Chancellor shall be appointed by the Central Government in such manner and on such conditions as may be deemed fit and the said officer shall hold offrce for such term, not exceeding five years, as may be specified by the Central

Government;

ft) the first Registrar and the first Finance Officer shall be appointed by the Central Government and each of the said officers shali hold office for a term of three years;

(c) the first Court and the first Executive Council shall consist of not more than thirty-one members and eleven members, respectively, who shall be nominated by the Central

Government and shall hold offrce for a term of three years; and

(d) the first Academic and Activity Council shall consist of

not more than twenty-one members, who shall be nominated by the Central Government and they shall hold office for a term of

three years:

Provided that if any vacancy occurs in the above offices qr authorities, the same shall be filled by appointment or nomination,

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as the case may be, by the Central Government and the person so

appointed or nominated shall hold oflice for so long as the officer or member in whose place he is appointed or nominated'would have held office, ifsuch vacancy had not occurred.

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THE SCHEDULE

(,See section 25)

The Statutes of the University

Chancellor.

l. (l) The Chancellor shall be appointed by the Central Government from a panel of names of not less than three persons recofirmended by the Executive Council:

Provided that if the Central Government does not approve any of the persons included in the panel, it may call for an extended fresh panel.

(2) The Chancellor shall be an eminent person in the field of sports who shall either be a sports person himself or a Sports Administrator or a Sports Academician.

(3) The Chancellor shall hold office for the term of five years and shall not be eligible for reappointment:

Provided that notwithstanding the expiry of his term of office, the Chancellor shall continue to hold office until his successor enters upon his office.

Vice-Chancellor. 2. (l) The Vice-Chancellor shall be appointed by the Central Government from out of a panel recommended by a Committee as constituted under clause (2/:

Provided that if the Central Government does not approve any.of the persons included in the panel, it may call for an extended fresh panel.

Q) The Committee referred to in clause (/) shall consist of five persons, out of whom three shall be nominated by the Executive Council and two by the Central Govemment, and one of the nominees of the Central Govemment shall be the convener of the Committee:

Provided that none of the members of the Committee shall be an employee of the University or of a Coilege or Institution or Regional Centre or Study Centre established or maintained by the University or a member of any authority of the University.

(3) The Vice-Chancellor shall be a whole-time salaried officer of the University.

&) The Vice-Chancellor shail hold office for a term of five years from the date on which he enters upon his office, or until he attain$ the age of seventy year, whichever is earlier, and he shall not be eligible for re-

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appointment:

Provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor is appointed and

enters upon his office:

Provided further that the Central Government may direct any Vice-

Chancellor after his term has expired to continue in office for such period.

not exceeding a total period of one year, as may be specified by it.

Provided also that when the office of the Vice-Chancellor becomes

vacant due to death, resignation or otherwise, or, /as the case may be, due to illrress or such other cause, the Executive Council may appoint the senior-most Dean to perform the functions of the Vice-Chancellor until a new Vice-Chancellor is appointed or, as the case may be, the existing

Vice-Chancellor resumes his duties.

(5) Notwithstanding anything contained in clause(4), the Central Government may, at any time after the Vice- Chancellor has entered upon

his office, by an order in writing, remove the Vice-Chancellor from office

on grounds of incapacity, misconduct or violation of statutory provisions:.

Provided that no such order shall be made by the Central Govemment unless the Vice-Chancellor has been given a reasonable opportunity of showing cause against the action proposed to be taken against him:

Provided further that the Central Government may, at any time before

making such order, place the Vice-Chancellor rurder suspension, pending

enquiry.

(6) The emoluments and other conditions of service of the Vice-

Chancellor shall be as follows:-

(i) The Vice-Chancellor shall be paid a monthly salary and allowances, other than house rent allowance, at the rates fixed by the Central Government from time to time and he shall be entitled, without payment

of rent, to use a furnished residence throughout his term of offrce arrd no charge shall fall on the Vice-Chancellor in respect of the maintenance of

such residence.

(ii) The Vice-Chancellor shall be entitled to such terminal benefits and

allowances as may be fixed by the Central Government from time to time:

Provided that where an employee of the University or of a College, Institution, Regional Centre or Study Centre established or maintained by the University, or of any other University or any College or Institution

sro (26) EdlErrErrs'r-d, ftqi6 t1EilT{ 2o1s

admitted to the privileges of the University or such other Univerbity, is appointed as the Vice-Chancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the University shall contribute to the account of such person in that provident fund at the same rate at which the person had been contributing immediately before his appointment as the Vice-Chancellor:

Provided firther that where such employee had been a member of any pension scheme, the University shall make the necessary contribution to such scheme.

(iii) The Vice-Chancellor shall be entitled to travelling allowance at such rates as may be fixed by the Executive Council.

(iv) The Vice-Chancellor shall be entitled to leave on fu1lpay at the rate of thirty days in a calendar year and the leave shall be medited to his account in advance in two half-yearly installments of fifteen days each.on the first day ofJanuary and July every year:

Provided that if the Vice-Chancellor assumes or relinquishes charge of the office of the Vice-Chancellor during the currency of a half year, the leave shall be credited proportionately at the rate of two and-a-half days for each completed month of service.

(v) In addition to the leave referred to in sub-clause (iv), the Vice- Chancellor shall also be entitled to half-pay leave at the rate of twenty days for each completed year of service, and half-pay leave may also be availed of as commuted leave on full pay on medical certificate:

Provided that when such commuted leave is availed of, twice the amount of half-pay leave shall be debited against half-pay leave due.

Powers and duties of Vice-Chancellor.

3. (1) The Vice-Chancellor shall be ex-officio Chairman of the Executive Council, the Academic and Activity Council and the Finance Committee and shall, in the absence of the Chancellor, preside at the Convocations held for conferring degrees and at meetings of the Court.

Q) The Vice-Chancellor shall be entitled to be present at, and address, any meeting of any authority or other body of the University, but shall not be entitled to vote there at unless he is a member of such authority or body.

(3) It shall be the duty of the Vice-Chancellor to see that this Ordinance, the Statutes, the Ordinances and the Regulations are duly observed and he shall have ail the powers necessary to ensure such obseryance.

Cite this issue. Chattisgarh Gazette - Extraordinary, Government of Chattisgarh, 11 July 2018. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.chhattisgarh.eo.2018-07-11.255/. Archive identifier in.gazette.chhattisgarh.eo.2018-07-11.255.