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(749)

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Volume 153

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Bengaluru, Thursday, October 25, 2018 (Karthika 3, Shaka Varsha 1940)

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Issue 42

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¸ÀASÉå: ¸ÀAªÀå±ÁE 35 PÉÃ±Á¥Àæ 2018, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 11-09-2018.

¢£ÁAPÀ: 17-08-2018 gÀAzÀÄ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉÃµÀ ¸ÀAaPÉAiÀÄ Part-II Section-1 gÀ°è ¥ÀæPÀlªÁzÀ The National

Sports University Act, 2018 (No. 25 of 2018) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

THE NATIONAL SPORTS UNIVERSITY ACT, 2018

NO. 25 OF 2018

[17th August, 2018.]

An Act to establish and incorporate a National Sports University in the State of

Manipur, a specialised University first of its kind, to promote sports education

in the areas of sports sciences, sports technology, sports management and

sports coaching besides functioning as the national training centre for select

sports disciplines by adopting best international practices and for matters

connected therewith or incidental thereto.

BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:—

1. (1) This Act may be called the National Sports University Act, 2018.

(2) It extends to the whole of India.

(3) It shall be deemed to have come into force on the 31stday of May, 2018.

2. In this Act, unless the context otherwise requires,—

(a) “Academic and Activity Council” means the Academic and Activity Council

of the University;

(b) “academic staff” means such categories of staff as are designated as academic

staff by the Ordinances;

Short title,

extent and

commencement.

Definitions.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 17th August, 2018/Shravana 26, 1940 (Saka)

The following Act of Parliament received the assent of the President on the

17th August, 2018, and is hereby published for general information:—

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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 admitted to the privileges of, the University;

(f) “Court” means the Court of the University;

(g) “Department” means a Department of Studies and includes a Centre of Studies;

(h) “employee” means any person appointed by the University and includes

teachers and other staff of the University;

(i) “Executive Council” means the Executive Council of the University;

(j) “Finance Committee” means the Finance Committee of the University;

(k) “Fund” means the University Fund referred to in section 30;

(l) “Hall” means a unit of residence or of corporate life for the students of the

University, or of an Outlying Campus or of a College or an Institution, maintained by

the University;

(m) “Head of the Department” means the head of any teaching department of the

University;

(n) “Institution” means an academic institution, not being a College, maintained

by, or admitted to the privileges of, the University;

(o) “Outlying Campus” means the campus of the University as may be established

by it at any place within or outside India;

(p) “Principal” means the Head of a College or an 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 centre established or maintained by the University

for the purpose of coordinating and supervising the work 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 University

under this Act for the time being in force;

(s) “School” means a School of Studies of the University;

(t) “section” means the section of this Act;

(u) “State” includes a Union territory;

(v) “Statutes” and “Ordinances” mean, respectively, the Statutes and the

Ordinances of the University for the time being in force;

(w) “Study Centre” means a centre 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 Institution or Regional Centres and Study Centres maintained by

the University and are designated as teachers by the Ordinances;

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(y) “University” means the National Sports University established and

incorporated as a University under this Act;

(z) “Vice-Chancellor” means the Vice-Chancellor of the University.

3. (1) There shall be established a University by the name of “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 of the Central Government,

also establish Outlying Campuses and Study Centres outside India.

(3) The first 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 officers or members, so long as they continue to hold such office or

membership, are hereby constituted a body corporate by the name of “National Sports

University”.

(4) The University shall have perpetual succession and a common seal, and shall sue

and be sued by the said name.

4. The objects of the University shall be––

(i) to evolve as an institute of advanced study in the field of physical education

and sports sciences;

(ii) to provide for research and development and dissemination of knowledge in

physical education and sports sciences by providing specially designed academic

and training programmes in various areas of physical education and sports sciences

and training in advanced technologies of sports;

(iii) to strengthen physical education and sports training programmes to promote

sports including traditional and tribal sports and games;

(iv) to establish centres and institutions of excellence for imparting state of the

art educational training and research in the fields of physical education and sports

sciences, sports technology and high performance training for all sports and games;

(v) to provide professional and academic leadership to other institutions in the

field of physical education and sports sciences;

(vi) to provide vocational guidance and placement services in physical education,

sports sciences, sports medicine, sports technology and other related fields;

(vii) to generate capabilities for the development of knowledge, skills and

competences at various levels in the fields of physical education and sports sciences,

sports technology and high performance training for all sports and games;

(viii) 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 and high performance training for all sports and

games;

(ix) to prepare highly qualified professionals in the fields of physical education

and sports sciences, sports technology and high performance training 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 and

to carry out, endorse and propagate research;

Establishment

University.

Objects of

University.

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(xi) to function as a leading resource centre for knowledge and development in

the areas of physical education and sports sciences, sports technology and high

performance training for all sports and games;

(xii) to provide international 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 international federations for the purpose

of teaching, training and research in physical education and sports sciences, sports

technology and high performance training for all sports and games;

(xiv) to train talented athletes so as to help them to evolve into elite athletes of

international level;

(xv) to make India become a sporting power;

(xvi) such other objects, not inconsistent with the provisions of this Act, which

the Central Government may, by notification in the Official Gazette, specify in this

behalf.

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

(i) to plan, design, develop and prescribe courses of study and conduct

appropriate academic and training programmes in physical education and sports sciences

including sports technology and to provide for instruction and training in such

branches of learning as the University may, from time to time, determine and to make

provisions for research and for the advancement and dissemination of knowledge;

(ii) to grant, subject to such conditions as the University may determine, diplomas

or certificates to, and confer degrees or other academic distinctions on, persons, on

the basis of examinations, evaluation or any method of testing, and to withdraw any

such certificates, diplomas, degrees or other academic distinctions for good and

sufficient cause;

(iii) to provide opportunities to the students of the University to participate in

the sports tournaments and competitions in co-ordination with established International

Sports Federations, National Sports Federations, Indian 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, specialised laboratories or other units for

research, instruction and training as are, in the opinion of the University, necessary for

the furtherance of its objects;

(vi) to establish, maintain or recognise Study Centres in the manner laid down by

the Statutes;

(vii) to establish and maintain Colleges, Institutions and Halls;

(viii) to confer honorary degrees or other distinctions in the manner prescribed

by the Statutes;

(ix) to institute Principalships, Professorships, Associate Professorships,

Assistant Professorships and other teaching or academic positions, required by the

University and to appoint persons to such Principalships, Professorships, Associate

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;

Powers and

functions of

University.

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(xi) to create administrative, ministerial and other posts and to make appointments

thereto;

(xii) to co-operate or collaborate or associate with any other University or

authority or Institution of higher learning, including those located outside the country,

in such manner and for such purposes as the University, may determine;

(xiii) to provide facilities through the distance education system to such persons

and in such manner as may be prescribed by the Statutes;

(xiv) to institute and award fellowships, scholarships, studentship, medals and

prizes for raising academic standards and research;

(xv) to organise and to undertake extramural studies, training and extension

services;

(xvi) 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;

(xvii) to organise and conduct refresher courses, workshops, seminars and other

programmes for teachers, evaluators, other academic staff and students;

(xviii) 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;

(xix) to determine standards of admission to the University, which may include

examination, evaluation or any other method of testing;

(xx) to demand and receive payment of fees and other charges;

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

arrangements for promoting their health and general welfare;

(xxii) to lay down conditions of service of all categories of employees, including

their code of conduct;

(xxiii) to 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;

(xxiv) to make arrangements for promoting the health and general welfare of the

employees;

(xxv) to receive benefactions, donations and gifts and to acquire, hold and

manage, and to dispose of, with the previous approval of the Central Government, any

property, movable or immovable, including trust and endowment properties, for the

purposes of the University;

(xxvi) to borrow, with the previous approval of the Central Government, on the

security of the property of the University, money for the purposes of the University;

(xxvii) to conduct innovative experiments and promote new methods and

technologies in the fields of physical education, sports sciences, sports medicine,

sports technology, sports management and other related fields;

(xxviii) to purchase or to take on lease any land or building or sports complex or

sports infrastructure 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

maintain 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;

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(xxx) to invest the funds of the University in or upon such securities and transpose

any investment from time to time in such manner as it may deem fit in the interest of the

University;

(xxxi) to execute conveyances regarding transfers, mortgages, leases, licenses,

agreements and other 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 Government;

(xxxii) to act as a technical advisory body to Government of India and other

National Organisations, State Governments and National Sports Federations on all

matters related to sports;

(xxxiii) to provide training, coaching and other back up to high level sports

persons for achieving success in different national and international sports

competitions;

(xxxiv) 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 manner

laid down by the Statutes;

(xxxvi) to admit to its privileges any College or Institution in or outside India

subject to such conditions as may be laid down by the Statutes:

Provided that no College or Institution shall be so admitted except with the prior

approval of the Central Government;

(xxxvii) to provide for the preparation of instructional and training materials,

including films, cassettes, tapes, video cassettes and other software;

(xxxviii) to recognise persons for imparting instructions in any College or

Institution admitted to the privileges of the University; and

(xxxix) 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 India.

(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 necessary for the

said purpose, take, in particular, the following measures, namely:—

(i) admissions of students and recruitment of faculty shall be made on all-India

basis through appropriate procedures approved by the Executive Council of the

University;

(ii) 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;

(iii) 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 agreement with other Universities

and academic institutions for credit transfer and joint degree programmes;

(v) innovative courses and programmes of studies shall be introduced with a

provision for periodic review and restructuring;

(vi) active participation of students shall be ensured in all academic activities of

the University, including evaluation of teachers;

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(vii) accreditation shall be obtained from the National Assessment and

Accreditation Council or any other accrediting agency at the national level; and

(viii) e-governance shall be introduced with effective management information.

6. The University shall be open to persons of any sex and of whatever caste, creed,

race or class, and it shall not be lawful 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 office 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 prevent the University from

making special provisions for the 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.

7. (1) The Central Government may, from time to time, appoint one or more persons to

review the work and progress of the University, including 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 Government shall have the right to cause an inspection to be made 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

examinations, 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) The Central Government shall, in every matter referred to in sub-section (2), give

notice of its 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 representations, 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 be made by the Central

Government, the University shall be entitled to appoint a representative, who shall have the

right to be present and be heard at such inspection or inquiry.

(6) The Central Government 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 Government 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

Government such action, if any, as it proposes to take or has been taken upon the result of

such inspection or inquiry.

University to

be open to all

caste, creed,

race or class.

Central

Government

to review

work and

progress of

University.

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(8) Where, the Executive Council does not, within a reasonable time, take action to the

satisfaction of the Central Government, it may, after considering any explanation furnished

or representation made by the Executive Council, issue such directions, as it may think fit,

and the Executive Council shall 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 Act 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:—

(a) the Chancellor;

(b) the Vice-Chancellor;

(d) the Registrar;

(e) the Finance Officer;

(f) the Controller of Examinations;

(g) the Librarian; and

(h) such other officers as may be declared by the Statutes to be the officers of

the University.

9. (1) The Chancellor shall be appointed by the Central Government in such manner as

may be prescribed by the Statutes.

(2) The Chancellor shall, by virtue 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 functions and also the meetings of the Court.

10. (1) 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 Act 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, modify or reverse the action taken by the Vice-Chancellor.

(4) Where 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

Officers of

University.

Chancellor.

Vice-

Chancellor.

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this Act or the Statutes or the Ordinances, or that any decision taken by the authority is not

in the interest of the University, he may ask the authority concerned to review its decision

within 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.

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.

12. (1) The Registrar shall be appointed in such manner, and on such terms and

conditions of service, as may be prescribed by the Statutes.

(2) The 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.

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.

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.

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.

16. The manner 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, namely:—

(a) the Court;

(b) the Executive Council;

(d) the Board of Sports Studies;

(e) the Finance Committee;

(f) such other 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.

(2) Subject to the provisions of this Act, 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;

referred to it for advice; and

(d) to perform such other functions as may be prescribed by the Statutes.

19. (1) The Executive Council shall be the principal executive body of the University.

Deans of

Schools.

Registrar.

Finance

Officer.

Authorities of

University.

Controller of

Examinations.

Librarian.

Other

officers.

The Court.

Executive

Council.

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

powers and functions shall be prescribed by the Statutes.

20. (1) The Academic and Activity Council shall be the principal academic body of the

University and shall, subject to the provisions of this Act, the Statutes and the Ordinances,

co-ordinate and exercise general supervision over the academic policies of the University.

(2) The 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 shall be prescribed

by the Statutes.

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

the Statutes to be the authorities of the University, shall be prescribed by the Statutes.

24. Subject to the provisions of this Act, the 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;

emoluments;

(d) the appointment of teachers, academic staff and other employees of the

University, the emoluments and conditions of service;

(e) the appointment of teachers and academic staff working in any other University

or organisation for a specific period for undertaking a joint project;

(f) the conditions of service of employees including provisions for pension,

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

(g) 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;

(i) the procedure for appeal to the Executive Council by any employee or student

against the action of any officer or authority of the University;

(j) the conferment of autonomous status on a College or an Institution or a

Department;

(k) the establishment and abolition of Schools, Departments, Centres, Halls,

Colleges, Institutions, Regional Centres and Study Centres;

(l) the conferment of honorary degrees;

(m) the conferment and withdrawal of degrees, diplomas, certificates and other

academic distinctions;

Academic and

Activity

Council.

Power to

make

Statutes.

Board of

Sports Studies.

Finance

Committee.

Other

authorities of

University.

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(n)the management of Colleges, Institutions, Regional Centres and Study Centres

established and maintained by the University;

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

University;

(p) the maintenance of discipline among the employees and students; and

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

Statutes.

25. (1) The first Statutes are those set out in the Schedule to this Act.

(2) The Executive Council may, from time to time, make new or additional Statutes or

may amend or repeal any Statutes referred to in sub-section (1):

Provided that the Executive Council shall not make, amend or repeal any Statutes

affecting the status, 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 and unless so approved, they shall be invalid.

(4) Notwithstanding 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 three years immediately after the commencement of

this Act:

Provided that the Central Government may, on the expiry of the said period of three

years, make, within one year from the date of such expiry, such detailed Statutes as it may

consider necessary and such detailed Statutes shall be laid before both Houses of Parliament.

(5) Notwithstanding 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 Council is unable to implement such direction within sixty days of its

receipt, the Central Government may, after considering the reasons, if any, communicated by

the Executive Council for its inability to comply with such direction, make or amend the

Statutes suitably.

26. (1) Subject to the provisions of this Act and the Statutes, the Ordinances may

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

(a) the admission of students to the University and their enrolment as such;

(b) the courses of study and their duration to be laid down for all degrees,

diplomas and certificates of the University;

(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;

(f) 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;

Statutes, how

to be made.

Power to

make

Ordinances.

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(i) the special arrangements, if any, which may be made for the residence and

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

necessary 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 of grievances of employees and

students; and

(o) any other matter which, by this Act 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 or repealed at

any time by the Executive Council in the manner prescribed by the Statutes.

27. The authorities of the University may make Regulations, consistent with this Act,

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 Act, the Statutes or the

Ordinances, in the manner prescribed by the Statutes.

28. (1) 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 fulfilment 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 Government shall, as soon as may be, cause a copy of the annual report

to be laid before both the Houses of Parliament.

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) Any observations made by the Central Government on 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 the Executive Council, be submitted to the Central Government.

(4) The Central Government shall, as soon as may be, cause the copy of the annual

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 Official Gazette.

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

(a) any contribution or grant made by the University Grants Commission or the

Central Government;

Regulations.

Annual report.

Annual

accounts.

Fund of

University.

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(b) any contribution or grant made by the State Government;

bodies;

(d) any loans, gifts, bequests, donations, endowments or other grants, if any;

(e) income received by the University from fees and charges;

(f) 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.

(3) 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 Act.

31. The University shall furnish to the Central Government such returns or other

information with respect to its property or activities, within such period, as the Central

Government may, from time to time, require.

32. (1) 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

shall, 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 Government.

(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 and 226 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 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 the orders or resolution of the Vice-Chancellor, Discipline

Committee or Examination Committee, as the case may be, and who has been 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, modify or reverse the decision of

the Vice-Chancellor or the Committee, as the case may be.

(2) Any dispute arising out of any disciplinary action taken by the University against

a student shall, 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.

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

Regional Centre or a Study Centre established or maintained by the University shall,

Returns and

information.

Procedure of

appeal and

arbitration in

disciplinary

cases against

students.

Right to

appeals.

26 of 1996.

Conditions of

service of

employees,

etc.

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notwithstanding anything contained in this Act, 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 Study Centre, as the case may be, and thereupon, the

Executive Council may confirm, modify or reverse the decision appealed against.

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 Government may declare that the provisions of the Provident Funds Act, 1925 shall

apply to such fund, as if it were a Government provident fund.

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 referred to the Central Government whose decision thereon shall be final.

37. All casual vacancies among the members (other than ex officio 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 place 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 University shall be

invalid merely by reason of the existence of a vacancy or vacancies among its members.

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 any of the provisions of this Act, the Statutes or the Ordinances.

40. Notwithstanding anything contained in the Indian Evidence Act, 1872 or in any

other law for the time being in force, a copy of 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

original thereof would, if produced, have been admissible in evidence.

41. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central

Government may, by order published in the Official Gazette, make such provisions, not

inconsistent with the provisions of this Act, 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 Act.

(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.

19 of 1925.

1 of 1872.

Provident and

pension funds.

Disputes as to

constitution of

authorities and

bodies.

Filling of

casual

vacancies.

Proceedings

of authorities

or bodies not

invalidated by

vacancies.

Protection of

action taken

in good faith.

Mode of proof

of University

record.

Power to

remove

difficulties.

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42. (1) Every Statute, Ordinance or Regulation made under this Act shall be published

in the Official Gazette.

(2) Every Statute, Ordinance or Regulation made under this Act, 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 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 commencement of this Act,

to the Statutes, Ordinances or Regulations or any of them but no retrospective effect shall be

given to any Statutes, Ordinances or Regulations so as to prejudicially affect the interests of

any person to whom such Statutes, Ordinances or Regulations may be applicable.

43. Notwithstanding anything contained in this Act and 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 office for such term, not exceeding five years, as may be specified by the Central

Government;

(b) the first Registrar and the first Finance Officer shall be appointed by the

Central Government and each of the said officers shall hold office for a term of three

years;

thirty-one members and eleven members, respectively, who shall be nominated by the

Central Government and shall hold office 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 or authorities, the same shall

be filled by appointment or nomination, as the case may be, by the Central Government and

the person so appointed or nominated shall hold office for so long as the officer or member

in whose place he is appointed or nominated would have held office, if such vacancy had not

occurred.

44. (1) The National Sports University Ordinance, 2018 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said

Ordinance shall be deemed to have been done or taken under the corresponding provisions

of this Act.

Statutes,

Ordinances and

Regulations to

be published in

the Official

Gazette and to

be laid before

Parliament.

Transitional

provisions.

Repeal and

savings.

Ord. 5 of 2018.

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THE SCHEDULE

[See section 25(1)]

The Statutes of the University

1. (1) The Chancellor shall be appointed by the Central Government from a panel of

names of not less than three persons recommended 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 re-appointment:

Provided that notwithstanding the expiry of his term of office, the Chancellor shall

continue to hold office until his successor enters upon his office.

2. (1) The Vice-Chancellor shall be appointed by the Central Government from out of

a panel of names 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.

(2) The Committee referred to in clause (1) shall consist of five persons, out of whom

three shall be nominated by the Executive Council and two by the Central Government, and

one of the nominees of the Central Government 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 College 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.

(4) The Vice-Chancellor shall hold office for a term of five years from the date on

which he enters upon his office, or until he attains the age of seventy years, whichever is

earlier, and he shall not be eligible for re-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 illness 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 Government unless the

Vice-Chancellor has been given a reasonable opportunity of showing cause against the

action proposed to be taken against him:

Chancellor.

Vice-Chancellor.

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

order, place the Vice-Chancellor under suspension, pending enquiry.

(6) (a) 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 office and no charge shall fall on the Vice-Chancellor in respect of the maintenance of

such residence.

(b) 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 admitted to the privileges of the University or such other

University, 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 further that where such employee had been a member of any pension scheme,

the University shall make the necessary contribution to such scheme.

be fixed by the Executive Council.

(d) The Vice-Chancellor shall be entitled to leave on full pay at the rate of thirty days

in a calendar year and the leave shall be credited to his account in advance in two

half-yearly instalments of fifteen days each on the first day of January 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.

(e) In addition to the leave referred to in sub-clause (d), 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.

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.

(2) 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 thereat

unless he is a member of such authority or body.

(3) It shall be the duty of the Vice-Chancellor to see that this Act, the Statutes, the

Ordinances and the Regulations are duly observed and he shall have all the powers necessary

to ensure such observance.

(4) The Vice-Chancellor shall have all the powers necessary for the proper maintenance

of discipline in the University and he may delegate any such powers to such person or

persons as he deems fit.

(5) The Vice-Chancellor shall have the power to convene or cause to be convened the

meetings of the Executive Council, the Academic and Activity Council and the Finance

Committee.

Powers and

duties of Vice-

Chancellor.

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4. (1) Every Dean of School shall be appointed by the Vice-Chancellor from amongst

the Professors in the School by rotation in order of seniority for a period of three years:

Provided that in case there is only one Professor or no Professor in a School, the

Dean shall be appointed, for the time being, from amongst the Professor, if any, and the

Associate Professors in the School, by rotation in the order of seniority:

Provided further that a Dean on attaining the age of sixty-five years shall cease to

hold office as such.

(2) When the office of the Dean is vacant or when the Dean is, by reason of illness,

absence or any other cause, unable to perform duties of his office, the duties of the office

shall be performed by the senior-most Professor or Associate Professor, as the case may be,

in the School.

(3) The Dean shall be the Head of the School and shall be responsible for the conduct

and maintenance of the standards of teaching and research in the School and shall have

such other functions as may be prescribed by the Ordinances.

(4) The Dean shall have the right to be present and to speak at any meeting of the

Boards of Sports Studies or Committees of the School, as the case may be, but shall not

have the right to vote thereat unless he is a member thereof.

5. (1) The Registrar shall be appointed by the Executive Council on the recommendation

of a Selection Committee constituted for the purpose and shall be whole-time salaried

officer of University.

(2) The Registrar shall be appointed for a term of five years and shall be eligible for

re-appointment.

(3) The emoluments and other terms and conditions of service of the Registrar shall

be such as may be prescribed by the Executive Council from time to time:

Provided that the Registrar shall retire on attaining the age of sixty-two years.

(4) When the office of the Registrar is vacant or when the Registrar is, by reason of

illness, absence or any other cause, unable to perform the duties of his office, the duties of

the office shall be performed by such person as the Vice-Chancellor may appoint for the

purpose.

(5) (a) The Registrar shall have power to take disciplinary action against such of the

employees, excluding teachers and other academic staff, as may be specified in the order of

the Executive Council and to suspend them pending inquiry, to administer warnings to them

or to impose on them the penalty of censure or the withholding of increment:

Provided that no such penalty shall be imposed unless the person has been given a

reasonable opportunity of showing cause against the action proposed to be taken in regard

to him.

(b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing

any of the penalties specified in sub-clause (a).

Registrar is called for, the Registrar shall, upon the conclusion of the inquiry, make a report

to the Vice-Chancellor along with his recommendation:

Provided that an appeal shall lie to the Executive Council against an order of the

Vice-Chancellor imposing any penalty.

(6) The Registrar shall be ex officio Secretary of the Executive Council and the Academic

and Activity Council, but shall not be deemed to be member of either of these authorities

and he shall be ex officio Member-Secretary of the Court.

Deans of

Schools.

Registrar.

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(7) It shall be the duty of the Registrar—

(a) to be the custodian of the records, the common seal and such other property

of the University as the Executive Council shall commit to his charge;

(b) to issue all notices convening meetings of the Court, the Executive Council,

the Academic and Activity Council and of any Committee appointed by those

authorities;

the Academic and Activity Council and of any Committees appointed by those

authorities;

(d) to conduct the official correspondence of the Court, the Executive Council

and the Academic and Activity Council;

(e) to supply to the Central Government, copies of the agenda of the meetings

of the authorities of the University as soon as they are issued and the minutes of

such meetings;

(f) to represent the University in suits or proceedings by or against the

University, sign powers of attorney and verify pleadings or depute his representative

for the purpose; and

(g) to perform such other duties as may be specified in the Statutes, the

Ordinances or Regulations or as may be required from time to time by the Executive

Council.

6. (1) The Finance Officer shall be appointed by the Executive Council on the

recommendations of the Selection Committee constituted for the purpose and shall be a

whole-time salaried officer of the University.

(2) The Finance Officer shall be appointed for a term of five years and shall be eligible

for re-appointment.

(3) The emoluments and other terms and conditions of service of the Finance Officer

shall be such as may be prescribed by the Executive Council form time to time:

Provided that the Finance Officer shall retire on attaining the age of sixty-two years.

(4) When the office of the Finance Officer is vacant or when the Finance Officer is, by

reason of illness, absence or any other cause, unable to perform the duties of his office, the

duties of the office shall be performed by such person as the Vice-Chancellor may appoint

for the purpose.

(5) The Finance Officer shall be ex officio Secretary of the Finance Committee, but

shall not be deemed to be a member of such Committee.

(6) The Finance Officer shall—

(a) exercise general supervision over the funds of the University and shall

advise it as regards its financial policy; and

(b) perform such other financial function as may be assigned to him by the

Executive Council or as may be prescribed by the Statutes or the Ordinances.

(7) Subject to the control of the Executive Council, the Finance Officer shall—

(a) hold and manage the property and investments of the University including

trust and endowed property;

(b) ensure that the limits fixed by the Executive Council for recurring and

non-recurring expenditure for a year are not exceeded and that all moneys are expended

on the purpose for which they are granted or allotted;

Finance

Officer.

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University and for their presentation to the Executive Council;

(d) keep a constant watch on the state of the cash and bank balances and on the

state of investments;

(e) watch the progress of the collection of revenues and advise on the methods

of collection employed;

(f) ensure that the registers of buildings, land, furniture and equipment are

maintained up to date and that stock-checking is conducted, of equipment and other

consumable materials in all offices, Departments, Centres and Specialised Laboratories;

(g) bring to the notice of the Vice-Chancellor any unauthorised expenditure and

other financial irregularities and suggest disciplinary action against persons at

fault; and

(h) call for, from any office, Department, Centre, Laboratory, College, Institution,

Regional Centre or Study Centre established or maintained by the University, any

information or returns that he may consider necessary for the performance of his

duties.

(8) Any receipt given by the Finance Officer or the person or persons duly authorised

in this behalf by the Executive Council for any money payable to University shall be sufficient

discharge for payment of such money.

7. (1) The Controller of Examinations shall be appointed by the Executive Council on

the recommendations of a Selection Committee constituted for the purpose and he shall be

a whole-time salaried officer of the University.

(2) The Controller of Examinations shall be appointed for a term of five years and shall

be eligible for re-appointment.

(3) The emoluments and other terms and conditions of service of the Controller of

Examinations shall be such as may be prescribed by the Executive Council from time to time:

Provided that the Controller of Examinations shall retire on attaining the age of

sixty-two years.

(4) When the officer of the Controller of Examinations is vacant or when the Controller

of Examinations is, by reason of illness, absence or any other cause, unable to perform the

duties of his office, shall be performed by such person as the Vice-Chancellor may appoint

for the purpose.

(5) The Controller of Examinations shall arrange for and superintend the examinations

of the University in the manner prescribed by the Ordinances.

8. (1) The Librarian shall be appointed by the Executive Council on the recommendations

of the Selection Committee constituted for the purpose and he shall be a whole-time salaried

officer of the University.

(2) The Librarian shall exercise such powers and perform such duties as may be

assigned to him by the Executive Council.

9. (1) The Court shall consist of the following members who shall hold office for a

period of three years, namely:—

(a) Ex officio Members:—

(i) the Chancellor;

(ii) the Vice-Chancellor;

(iii) the Proctor;

(iv) the Deans of Schools;

Controller of

Examinations.

Librarian.

Constitution

and meetings

of Court.

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(v) the Dean of Students' Welfare;

(vi) the Finance Officer;

(vii) one Senior Warden, by rotation;

(viii) the Librarian of the University;

(ix) the President, Alumni Association;

(b) other Members:

(i) Heads of Departments or Professors who are members of the Academic

and Activity Council;

(ii) one representative from each institution recognised by the university,

nominated by the Vice-Chancellor on recommendations of the Head of the

Institution;

(iii) not more than four persons from amongst eminent sports scientists,

sports academicians and sports administrators to be nominated by the Central

Government;

(iv) not more than two persons representing sports industry, to be

nominated by the Central Government;

(v) not more than ten persons from amongst eminent sports persons and

highly recognised coaches to be nominated by the Central Government;

(2) An annual meeting of the Court shall be held on a date to be fixed by the Executive

Council unless some other date has been fixed by the Court in respect of any year.

(3) At an annual meeting of the Court, a report on the working of the University during

the previous year, together with a statement of the receipts and expenditure, the balance-

sheet as audited, and financial estimates for the next year shall be presented.

(4) A copy of the statement of receipts and expenditure, the balance-sheet and the

financial estimates referred to in clause (2) shall be sent to every member of the Court at

least seven days before the date of the annual meeting.

(5) Special meetings of the Court may be convened by the Executive Council or the

Vice-Chancellor or if there is no Vice-Chancellor, by the Registrar.

(6) Eleven members of the Court shall form a quorum for a meeting of the Court.

10. Seven members of the Executive Council shall form a quorum for a meeting of the

Executive Council.

11. (1) The Executive Council shall consist of the following members to be nominated

by the Central Government who shall hold office for a period of two years, namely:—

(a) Ex officio Members:

(i) the Vice-Chancellor;

(ii) the Proctor;

(iii) the Deans of Students' Welfare;

(iv) the Additional Secretary and Financial Advisor, Ministry of Youth

Affairs and Sports;

(v) the Joint Secretary, Ministry of Youth Affairs and Sports;

(vi) the Deans of Schools;

Quorum for

meeting of

Executive

Council.

Constitution,

powers and

functions of

Executive

Council.

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(b) Other Members:

(i) three Senior Professors by rotation;

(ii) four persons from amongst sports scientists, sports administrators,

eminent sports persons and distinguished coaches.

(2) The Executive Council shall have the power of management and administration of

the revenue and property of the University and the conduct of all administrative affairs of

the University not otherwise provided for.

(3) Subject to the provision of this Act, the Statutes and the Ordinances, the Executive

Council shall, in addition to all other powers vested in it, have the following powers,

namely:—

(i) to create teaching and other academic posts including Chairs, to determine

the number and emoluments of such posts and to define the duties and conditions of

service of Professors, Associate Professors, Assistant Professors and other academic

staff:

Provided that no action shall be taken by the Executive Council in respect of the

number and qualifications of teachers and other academic staff otherwise than after

consideration of the recommendations of the Academic and Activity Council;

(ii) to appoint such Professors, Associate Professors, Assistant Professors

and other academic staff including Chair, as may be necessary, on the recommendation

of the Selection Committee constituted for the purpose and to fill up temporary

vacancies therein;

(iii) to promote interfacial research by making joint appointments of teaching

staff in different Schools, Department and Centres;

(iv) to create administrative, ministerial and other necessary posts and to define

their duties and conditions of their service and to make appointments thereto in the

manner prescribed by the Ordinances;

(v) to grant leave of absence to any officer of the University other than the

Chancellor and the Vice-Chancellor, and to make necessary arrangements for the

discharge of the functions of such officer during his absence;

(vi) to regulate and enforce discipline among employees in accordance with the

Statutes and the Ordinances;

(vii) to manage and regulate the finances, accounts, investments, property,

business and all other administrative affairs of the University and for that purpose to

appoint such agents as it may think fit;

(viii) to fix limits on the total recurring and the total non-recurring expenditure

for a year on the recommendation of the Finance Committee;

(ix) to invest any money belonging to the University, including any unapplied

income, in such stocks, funds, share or securities, from time to time, as it may think fit

or in the purchase of immovable property in India, with the like powers of varying

such investment from time to time;

(x) to transfer or accept transfers of any movable or immovable property on

behalf of the University;

(xi) to provide buildings, premises, furniture and apparatus and other means

needed for carrying on the work of the University;

(xii) to enter into, vary, carry out and cancel contracts on behalf of the

University;

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(xiii) to entertain, adjudicate upon, and if thought fit, to redress any grievances

of the employees and students of the University who may, for any reason, feel

aggrieved;

(xiv) to appoint examiners and moderators and, if necessary, to remove them,

and to fix their fees, emoluments and travelling and other allowances, after consulting

the Academic and Activity Council;

(xv) to select a common seal for the University and provide for the use of such

seal;

(xvi) to make such special arrangements as may be necessary for the residence

of women students;

(xvii) to institute fellowships, scholarships, studentships, medals and prizes;

(xviii) to provide for the appointment of Visiting Professors, Emeritus Professors,

Consultants and Scholars and determine the terms and conditions of such

appointments;

(xix) to enter into partnership with industry and non-Government agencies for

the advancement of knowledge and establish a corpus of funds out of the profits of

such partnership; and

(xx) to exercise such other powers and perform such other duties as may be

conferred or imposed on it by this Act or these Statutes.

12. (1) The members of the Academic and Activity Council shall include sports persons

who have achieved distinction in Olympics or world championships.

(2) Nine members of the Academic and Activity Council shall form quorum for the

meeting of the Academic and Activity Council.

13. Subject to the provisions of this Act, the Statutes and the Ordinances, the Academic

and Activity Council shall, in addition to all other powers vested in it, have the following

powers, namely:—

(a) to exercise general supervision over the academic policies of the University

and to give directions regarding methods of instruction, co-ordination of teaching

among the Colleges, Institutions, Regional Centres and Study Centres and evaluation

of research and improvement of academic standards;

(b) to bring about and promote inter-School co-ordination and to establish or

appoint such committees or boards as may be deemed necessary for the purpose;

or on a reference by a School or the Executive Council, and to take appropriate action

thereon;

(d) to frame such regulations and rules consistent with the Statutes and the

Ordinances regarding the academic functioning of the University, discipline, residence,

admissions, award of fellowships and studentships, fees, concessions, corporate life

and attendance.

14. (1) The University shall have such Schools of Studies as may be specified in the

Statutes.

(2) Every School shall have a School Board and the members of the first School Board

shall be nominated by the Executive Council for a period of three years.

(3) The composition, powers and functions of a School Board shall be prescribed by

the Ordinances.

(4) The conduct of the meetings of a School Board and the quorum required for such

meetings shall be prescribed by the Ordinances.

Members of

Academic and

Activity

Council and

quorum for

meeting.

Powers and

functions of

Academic and

Activity

Council.

Schools of

Studies and

Departments.

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(5) (a) Every School shall consist of such Departments as may be assigned to it by the

Ordinances:

Provided that the Executive Council may, on the recommendation of the Academic

and Activity Council, establish Centres of Studies to which may be assigned such teachers

of the University as the Executive Council may consider necessary.

(b) Each Department shall consist of the following members, namely:—

(i) teachers of the Department;

(ii) persons conducting research in the Department;

(iii) Dean of the School;

(iv) Honorary Professors, if any , attached to the Department; and

(v) such other persons as may be members of the Department in accordance

with the provisions of the Ordinances.

15. (1) Each Department shall have a Board of Sports Studies.

(2) The term of office of the Board of Sports Studies and of its members shall be

prescribed by the Ordinances.

(3) Subject to the overall control and supervision of the Academic and Activity

Council, the functions of a Board of Sports Studies shall be to approve subjects for research

for various degrees and other requirements of research degrees and to recommend to the

concerned School Board in the manner prescribed by the Ordinances,—

(a) courses of studies and appointment of examiners for courses, but excluding

research degrees;

(b) appointment of supervisors for research; and

Provided that the above functions of a Board of Sports Studies shall, during the

period of three years immediately after the commencement of this Act, be performed by the

Department.

16. (1) The Finance Committee shall consist of the following members, namely:—

(i) the Vice-Chancellor;

(ii) one person to be nominated by the Court;

(iii) three persons to be nominated by the Executive Council, out of whom at

least one shall be a member of the Executive Council; and

(iv) three persons to be nominated by the Central Government.

(2) Five members of the Finance Committee shall form a quorum for a meeting of the

Finance Committee.

(3) All the members of the Finance Committee, other than ex officio members, shall

hold office for a term of three years.

(4) A member of the Finance Committee shall have the right to record a minute of

dissent if he does not agree with any decision of the Finance Committee.

(5) The Finance Committee shall meet at least thrice every year to examine the accounts

and to scrutinise proposals for expenditure.

(6) All proposals relating to creation of posts, and those items which have not been

included in the budget, shall be examined by the Finance Committee before they are

considered by the Executive Council.

Board of

Sports Studies.

Finance

Committee.

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(7) The annual accounts and the financial estimates of the University prepared by the

Finance Officer shall be laid before the Finance Committee for consideration and comments

and thereafter submitted to the Executive Council for approval.

(8) The Finance Committee shall recommend limits for the total recurring expenditure

and the total non-recurring expenditure for the year, based on the income and resources of

the University (which, in the case of productive works, may include the proceeds of loans).

17. (1)There shall be Selection Committees for making recommendations to the

Executive Council for appointment to the post of Professor, Associate Professor, Assistant

Professor, Registrar, Finance Officer, Controller of Examinations, Librarian and Principals of

Colleges, Institutions, Regional Centres and Study Centres established or maintained by

the University.

(2) The Selection Committee for appointment to the posts specified in column 1 of the

Table below shall consist of the Vice-Chancellor, a nominee of the Central Government and

the persons specified in the corresponding entry in column 2 of the said Table:

TABLE

Professor.

(i) The Dean of the School.

(ii) The Head of the Department, if he is a Professor.

(iii) Three persons not in the service of the University, nominated

by the Executive Council, out of a panel of names recommended

by the Academic and Activity Council for their special knowledge

of, or interest in, the subject with which the Professor will be

concerned.

Associate Professor/

(i) The head of the Department.

Assistant Professor.

(ii) One Professor nominated by the Vice-Chancellor.

(iii) Two persons not in the service of the University, nominated

by the Executive Council, out of a panel of names recommended

by the Academic and Activity Council for their special knowledge

of, or interest in, the subject with which the Associate Professor

or Assistant Professor will be concerned.

Registrar/ Finance Officer/ (i) Two members of the Executive Council nominated by it.

Controller of Examination.

(ii) One person not in the service of the University nominated

by the Executive Council.

Librarian.

(i) One person not in the service of the University who has

special knowledge of the subject of the Library Science or Library

Administration nominated by the Executive Council.

(ii) One person not in the service of the University nominated

by the Executive Council.

Principal of College or

Three persons not in the service of the University of whom two

Institution maintained

shall be nominated by the Executive Council and one by the

by the University.

Academic and Activity Council for their special knowledge of,

or interest in, a subject in which instruction is being provided by

the College or Institution.

Note 1: Where the appointment is being made for an inter-disciplinary project, the

head of the project shall be deemed to be the Head of the Department concerned.

Note 2: The Professor to be nominated by the Vice-Chancellor shall be a Professor

concerned with the speciality for which the selection is being made and the Vice-Chancellor

shall consult the Head of the Department and the Dean of the School before nominating the

Professor.

Selection

Committees.

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(3) The Vice-Chancellor shall convene and preside at the meeting of the Selection

Committee:

Provided that the meeting of the Selection Committee shall be fixed after prior

consultation with, and subject to the convenience of the Central Government's nominee

and the experts nominated by the Executive Council:

Provided further that the proceedings of the Selection Committee shall not be valid

unless,—

(a) where the number of the Central Government's nominee and the persons

nominated by the Executive Council is four in all, at least three of them attend the

meeting; and

(b) where the number of the Central Government's nominee and the persons

nominated by the Executive Council is three in all, at least two of them attend the

meeting.

(4) The procedure to be followed by the Selection Committee shall be laid down in the

Ordinances.

(5) If the Executive Council is unable to accept the recommendations made by the

Selection Committee, it shall record its reasons and submit the case to the Central

Government for final orders.

(6) (a) Appointments to temporary posts shall,—

(i) if the temporary vacancy is for duration longer than one academic session,

be filled on the advice of the Selection Committee in accordance with the procedure

indicated in the foregoing clauses:

Provided that if the Vice-Chancellor is satisfied that in the interests of work it is

necessary to fill the vacancy, the appointment may be made on a purely temporary

basis on the advice of a local Selection Committee referred to in sub-clause (ii) for a

period not exceeding six months;

(ii) if the temporary vacancy is for a period less than a year, be made on the

recommendation of a local Selection Committee consisting of the Dean of the School

concerned, the Head of the Department and a nominee of the Vice-Chancellor:

Provided that if the same person holds the offices of the Dean and the Head of

the Department, the Selection Committee may contain two nominees of the Vice-

Chancellor:

Provided further that in the case of sudden casual vacancies of teaching posts

caused by death or any other reason, the Dean may, in consultation with the Head of

the Department concerned, make a temporary appointment for a month and report to

the Vice-Chancellor and the Registrar about such appointment.

(b) No teacher appointed temporarily shall, if he is not recommended by a regular

Selection Committee for appointment under the Statutes, be continued in service on such

temporary employment, unless he is subsequently selected by a local Selection Committee

or a regular Selection Committee, for a temporary or permanent appointment, as the case

may be.

18. (1) Notwithstanding anything contained in Statute 17, the Executive Council may

invite a person of high academic distinction and professional attainments to accept a post

of Professor or Associate Professor or any other equivalent academic post in the University

on such terms and conditions as it deems fit and on the person agreeing to do so appoint

him to the post:

Special mode

appointment.

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Provided that the Executive Council may also create supernumerary posts for a specified

period for appointment of such persons:

Provided further that the number of supernumerary posts so created should not

exceed five per cent. of the total posts in the University.

(2) The Executive Council may appoint a teacher or any other academic staff working

in any other University or organistion for undertaking a joint project in accordance with the

manner laid down in the Ordinances.

19. The Executive Council may appoint a person selected in accordance with the

procedure laid down in Statute 17 for a fixed tenure on such terms and conditions as it

deems fit.

20. (1) An authority of the University may appoint as many standing or special

committees as it may deem fit, and may appoint to such committees persons who are not

members of such authority.

(2) A committee appointed under clause (1) may deal with any subject delegated to it

subject to subsequent confirmation by the authority appointing it.

21. (1) All the teachers and other academic staff of the University shall, in the

absence of any agreement to the contrary, be governed by the terms and conditions of

service and code of conduct as are specified in the Statutes, the Ordinances and the

Regulations.

(2) The emoluments of members of the academic staff shall be such as may be

prescribed by the Ordinances.

(3) Every teacher and member of the academic staff of the University shall be

appointed on a written contract, the form of which shall be prescribed by the

Ordinances.

(4) A copy of every contract referred to in clause (3) shall be deposited with the

Registrar.

22. (1) All the employees of the University, other than the teachers and other academic

staff shall, in the absence of any contract to the contrary, be governed by the terms and

conditions of service and code of conduct as are specified in the Statutes, the Ordinances

and the Regulations.

(2) The manner of appointment and emoluments of employees, other than the teachers

and other academic staff, shall be such as may be prescribed by the Ordinances.

23. (1) Whenever, in accordance with the Statutes, any person is to hold an office or

be a member of an authority of the University by rotation according to seniority, such

seniority shall be determined according to the length of continuous service of such person

in his grade and in accordance with such other principles as the Executive Council may,

from time to time, prescribe.

(2) It shall be the duty of the Registrar to prepare and maintain in respect of each class

of persons to whom the provisions of these Statutes apply, a complete and up-to-date

seniority list in accordance with the provisions of clause (1).

(3) If two or more persons have equal length of continuous service in a particular

grade or the relative seniority of any person or persons is otherwise in doubt, the Registrar

may, on his own motion and shall, at the request of any such person, submit the matter to

the Executive Council whose decision thereon shall be final.

24. (1) Where there is an allegation of misconduct against a teacher, a member of the

academic staff or other employee of the University, the Vice-Chancellor, in the case of the

teacher or a member of the academic staff, and the authority competent to appoint (hereinafter

referred to as the appointing authority) in the case of other employee may, by order in

Committees.

Seniority list.

Appointment

for fixed

tenure.

Terms and

conditions of

service and

code of

conduct of

teachers, etc.

Terms and

conditions of

service and

code of

conduct of

other

employees.

Removal

employees of

University.

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writing, place such teacher, member of the academic staff or other employee, as the case

may be, under suspension and shall forthwith report to the Executive Council the

circumstances in which the order was made:

Provided that the Executive Council may, if it is of the opinion, that the circumstances

of the case do not warrant the suspension of the teacher or a member of the academic staff,

revoke such order.

(2) Notwithstanding anything contained in the terms of the contract of appointment

or of any other terms and condition of service of the employees, the Executive Council in

respect of teachers and other academic staff, and the appointing authority in respect of

other employees, shall have the power to remove a teacher or a member of the academic

staff or other employee, as the case may be, on grounds of misconduct.

(3) Save as aforesaid, the Executive Council, or as the case may be, the appointing

authority, shall not be entitled to remove any teacher, member of the academic staff or other

employee except for a good cause and after giving three months' notice or on payment of

three months' salary in lieu thereof.

(4) No teacher, member of the academic staff or other employee shall be removed

under clause (2) or clause (3) unless he has been given a reasonable opportunity of showing

cause against the action proposed to be taken in regard to him.

(5) The removal of a teacher, member of the academic staff or other employee shall

take effect from the date on which the order of removal is made:

Provided that where the teacher, member of the academic staff or other employee is

under suspension at the time of his removal, such removal shall take effect from the date on

which he was placed under suspension.

(6) Notwithstanding anything contained in the foregoing provisions of the Statute, a

teacher, member of the academic staff or other employee may resign,—

(a) if he is a permanent employee, only after giving three months' notice in

writing to the Executive Council or the appointing authority, as the case may be, or by

paying three months' salary in lieu thereof;

(b) if he is not a permanent employee, only after giving one month's notice in

writing to the Executive Council or, as the case may be, the appointing authority or by

paying one month's salary in lieu thereof:

Provided that such resignation shall take effect only on the date on which the resignation

is accepted by the Executive Council or the appointing authority, as the case may be.

25. (1) The Executive Council may, on the recommendation of the Academic and

Activity Council and by a resolution passed by a majority of not less than two-thirds of the

members present and voting, make proposals to the Central Government for the conferment

of honorary degrees:

Provided that in case of emergency, the Executive Council may, on its own motion,

make such proposals.

(2) The Executive Council may, by a resolution passed by a majority of not less than

two-thirds of the members present and voting, withdraw, with the previous sanction of the

Central Government, any honorary degree conferred by the University.

26. The Executive Council may, by a resolution passed by a majority of not less than

two-thirds of the members present and voting, withdraw a degree or academic distinction

conferred on, or any certificate or diploma granted to, any person by the University for

good and sufficient cause:

Provided that no such resolution shall be passed until a notice in writing has been

given to that person calling upon him to show cause within such time as may be specified

in the notice as to why such a resolution should not be passed and until his objections, if

Honorary

degrees.

Withdrawal of

degrees, etc.

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any, and any evidence he may produce in support of them, have been considered by the

Executive Council.

27. (1) All powers relating to the maintenance of discipline and disciplinary action in

relation to the students of the University shall vest in Vice-Chancellor.

(2) There shall be Proctor of the University to assist the Vice-Chancellor in the exercise

of the powers referred to in clause (1), who shall be appointed by the Executive Council

from amongst the Professors and Associate Professors in the manner prescribed by the

Ordinances.

(3) The Vice-Chancellor may delegate all or any of the powers referred to in clause (1),

as he deems proper, to the Proctor and to such other officers as he may specify in this

behalf.

(4) Without prejudice to the generality of his powers relating to the maintenance of

discipline and taking such action, as may seem to him appropriate for the maintenance of

discipline, the Vice-Chancellor may, in exercise of such powers, by order, direct that any

student or students be expelled or rusticated, for a specified period, or be not admitted to a

course or courses of study in a College, Institution or Regional Centre or a Department or a

School of the University for a stated period, or be punished with fine for an amount to be

specified in the order, or be debarred from taking an examination or examinations conducted

by the University, College, Institution or Regional Centre or Department or a School for one

or more years, or that the results of the student or students concerned in the examination or

examinations in which he or they have appeared be withheld or cancelled.

(5) The Principals of Colleges, Institutions, Deans of Schools of Studies and Heads of

teaching Departments in the University shall have the authority to exercise all such

disciplinary powers over the students in their respective Colleges, Institutions, Schools

and teaching Departments in the University, as may be necessary for the proper conduct of

such Colleges, Institution, Schools and teaching Departments.

(6) Without prejudice to the powers of the Vice-Chancellor and the Principals and

other persons specified in clause (5), detailed rules of discipline and proper conduct shall

be made by the University and the Principals of Colleges, Institutions, Deans of Schools of

Studies and Heads of teaching Departments in the University may also make such

supplementary rules as they deem necessary for the purposes stated therein.

(7) At the time of admission, every student shall be required to sign a declaration to

the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and

other authorities of the University.

28. Convocations of the University for the conferring of degrees or for other purposes

shall be held in such manner as may be prescribed by the Ordinances.

29. Where no provision is made for Chairman to preside over a meeting of any authority

of the University or any Committee of such authority or when the Chairman so provided for

is absent, the members present shall elect one from among themselves to preside at such

meeting.

30. Any member, other than an ex officio member of the Court, the Executive Council,

the Academic and Activity Council or any other authority of the University or any Committee

of such authority may resign by letter addressed to the Registrar and the resignation shall

take effect as soon as such letter is received by the Registrar.

31. (1) A person shall be disqualified for being chosen as, and for being, a member of any

of the authorities, or for being appointed as, and for being, an officer, of the University if—

(i) he is of unsound mind;

(ii) he is an undischarged insolvent; or

(iii) he has been convicted by a court of law of an offence involving moral

turpitude and sentenced in respect thereof to imprisonment for not less than six

months.

Maintenance

of discipline

amongst

students of

University.

Convocations.

Acting

Chairman of

meetings.

Resignation.

Disqualification.

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀÄªÁgÀ, CPÉÆÖÃ§gï 25, 2018

778

¨sÁUÀ 4

(2) If any question arises as to whether a person is or had been subjected to any of

the disqualifications mentioned in sub-clause (i), the question shall be referred to the

Central Government and its decision shall be final and no suit or other proceeding shall lie

in any civil court against such decision.

32. Notwithstanding anything contained in the Statutes, a person who is not ordinarily

resident in India shall not be eligible to be an officer of the University or a member of any

authority of the University.

33. Notwithstanding anything contained in the Statutes, a person who holds any

post in the University or is a member of any authority or body of the University in his

capacity as a member of a particular authority or body or as the holder of a particular

appointment shall hold such office or membership only for so long as he continues to be a

member of that particular authority or body or the holder of that particular appointment, as

the case may be.

34. (1) There shall be an Alumni Association for the University.

(2) The subscription for membership of the Alumni Association shall be prescribed

by the Ordinances.

(3) No member of the Alumni Association shall be entitled to vote or stand for election

unless he has been a member of the Association for at least one year prior to the date of

election and is a degree holder of the University of at least five years standing:

Provided that the condition relating to the completion of one year's membership shall

not apply in the case of the first election.

35. (1) There shall be constituted in the University, a Students' Council for every

academic year, consisting of,—

(i) the Dean of Students' Welfare who shall be the Chairman of the Students'

Council;

(ii) twenty students to be nominated by the Academic and Activity Council on

the basis of merit in studies, sports and extra-curricular activities; and

(iii) twenty students to be elected by the students as their representatives:

Provided that any student of the University shall have the right to bring up any

matter concerning the University before the Students' Council, if so permitted by the

Chairman, and he shall have the right to participate in the discussions at any meeting when

the matter is taken up for consideration.

(2) The functions of the Students' Council shall be to make suggestions to the

appropriate authorities of the University in regard to the programmes of studies, students'

welfare and other matters of importance, in regard to the working of the University in

general and such suggestions shall be made on the basis of consensus of opinion.

(3) The Students' Council shall meet at least twice in every academic year and the first

meeting of the Council be held in the beginning of the academic session.

36. (1) The first Ordinances made under sub-section (2) of section 26 may be amended

or repealed at any time by the Executive Council in the manner specified in the following

clauses.

(2) No Ordinances in respect of the matters enumerated in sub-section (1) of section 26

of this Act shall be made by the Executive Council unless a draft of such Ordinances has

been proposed by the Academic and Activity Council.

(3) The Executive Council shall not have power to amend any draft of any Ordinances

proposed by the Academic and Activity Council under clause (2), but may reject the proposal

or return the draft to the Academic and Activity Council for re-consideration, either in whole

or in part, together with any amendment which the Executive Council may suggest.

Residence

conditions for

membership

and office.

Membership

of authorities

by virtue of

membership

of other

bodies.

Alumni

Association.

Students

Council.

Ordinances

how to be

made.

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779

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(4) Where the Executive Council has rejected or returned the draft of an Ordinances

proposed by the Academic and Activity Council, the Academic and Activity Council may

consider the question afresh and in case the original draft is reaffirmed by a majority of not

less than two-thirds of the members present and voting and more than half of the total

number of members of the Academic and Activity Council, the draft may be sent back to the

Executive Council which shall either adopt it or refer it to the Central Government whose

decision shall be final.

(5) Every Ordinance made by the Executive Council shall come into effect immediately.

(6) Every Ordinance made by the Executive Council shall be submitted to the Central

Government within two weeks from the date of its adoption.

(7) The Central Government shall have the power to direct the University to suspend

the operation of any Ordinance.

(8) The Central Government shall inform the Executive Council about its objection to

the Ordinances referred to in clause (7) and may, after receiving the comments of the

University, either withdraw the order suspending the Ordinances or disallow the Ordinances,

and its decision shall be final.

37. (1) The authorities of the University may make Regulations consistent with this

Act, the Statutes and the Ordinances for the following matters, namely:—

(i) laying down the procedure to be observed at their meeting and the number

of members required to form a quorum;

(ii) providing for all matters which are required by this Act, the Statutes or the

Ordinances, to be prescribed by Regulations; and

(iii) providing for all other matters solely concerning such authorities or

committees appointed by them and not provided for by this Act, the Statutes or the

Ordinances.

(2) Every authority of the University shall make Regulations providing for the giving

of notice to the members of such authority of the dates of meeting and of the business to be

considered at meetings and for the keeping of a record of the proceedings of meetings.

(3) The Executive Council may direct the amendment in such manner as it may specify

of any Regulation made under the Statutes or the annulment of any such Regulation.

38. Subject to the provisions of this Act and the Statutes, any officer or authority of

the University may delegate his or its powers to any other officer or authority or person

under his or its respective control and subject to the condition that overall responsibility

for the exercise of the powers so delegated shall continue to vest in the officer or authority

delegating such powers.

Regulations.

Delegation of

powers.

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

MANOJ

KUMAR

Digitally signed by

MANOJ KUMAR

Date: 2018.08.17

18:55:12 +05'30'

P.R. 56

SC - 20

PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉÃ±Á£ÀÄ¸ÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è,

Dgï. ²æÃ¤ªÁ¸À,

¸ÀºÁAiÀÄPÀ ¥ÁægÀÆ¥ÀPÁgÀ ªÀÄvÀÄÛ ¥ÀzÀ¤«ÄvÀÛ

¸ÀPÁðgÀzÀ C¢üÃ£À PÁAiÀÄðzÀ²ð,

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.

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¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À ¸ÀaªÁ®AiÀÄ

C¢ü¸ÀÆZÀ£É

¸ÀASÉå: ¸ÀAªÀå±ÁE 37 PÉÃ±Á¥Àæ 2018, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 11-09-2018.

¢£ÁAPÀ: 21-04-2018 gÀAzÀÄ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉÃµÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï (1) gÀ°è ¥ÀæPÀlªÁzÀ The Sched

uled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018 (No. 27 of 2018) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV

PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 17th August, 2018/Shravana 26, 1940 (Saka)

The following Act of Parliament received the assent of the President on the

17th August, 2018, and is hereby published for general information:—

2. After section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, 1989, the following section shall be inserted, namely:—

"18A. (1) For the purposes of this Act,—

(a) preliminary enquiry shall not be required for registration of a First

Information Report against any person; or

(b) the investigating officer shall not require approval for the arrest, if

necessary, of any person,

against whom an accusation of having committed an offence under this Act has

been made and no procedure other than that provided under this Act or the Code shall

apply.

(2) The provisions of section 438 of the Code shall not apply to a case under this

Act, notwithstanding any judgment or order or direction of any Court.".

Insertion of

new section

18A.

33 of 1989.

No enquiry or

approval

required.

THE SCHEDULED CASTES AND THE SCHEDULED TRIBES

(PREVENTION OF ATROCITIES) AMENDMENT ACT, 2018

NO. 27 OF 2018

[17th August, 2018.]

An Act further to amend the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989.

BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as

follows:—

1. (1) This Act may be called the Scheduled Castes and the Scheduled Tribes (Prevention

of Atrocities) Amendment Act, 2018.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

Short title and

commencement.

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

MANOJ

KUMAR

Digitally signed by

MANOJ KUMAR

Date: 2018.08.17

19:08:23 +05'30'

P.R. 57

SC - 20

PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉÃ±Á£ÀÄ¸ÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è,

Dgï. ²æÃ¤ªÁ¸À,

¸ÀºÁAiÀÄPÀ ¥ÁægÀÆ¥ÀPÁgÀ ªÀÄvÀÄÛ ¥ÀzÀ¤«ÄvÀÛ

¸ÀPÁðgÀzÀ C¢üÃ£À PÁAiÀÄðzÀ²ð,

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.

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¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À ¸ÀaªÁ®AiÀÄ

C¢ü¸ÀÆZÀ£É

¸ÀASÉå: ¸ÀAªÀå±ÁE 34 PÉÃ±Á¥Àæ 2018, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 11-09-2018.

¢£ÁAPÀ: 21-04-2018 gÀAzÀÄ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉÃµÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï (1) gÀ°è ¥ÀæPÀlªÁzÀ The National

Commission for Backward Classes (Repeal) Act, 2018 (No. 24 of 2018) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ

¥ÀæPÀn¸À¯ÁVzÉ.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 14th August, 2018/Shravana 23, 1940 (Saka)

The following Act of Parliament received the assent of the President on the

14th August, 2018, and is hereby published for general information:—

(2) The repeal of the National Commission for Backward Classes Act, 1993 shall,

however, not affect,—

(i) the previous operation of the Act so repealed or anything duly done or

suffered thereunder; or

(ii) any right, privilege, obligation or liability acquired, accrued or incurred under

the Act so repealed; or

(iii) any penalty, confiscation or punishment incurred in respect of any

contravention under the Act so repealed; or

(iv) any proceeding or remedy in respect of any such right, privilege, obligation,

liability, penalty, confiscation or punishment as aforesaid, and any such proceeding or

remedy may be instituted, continued or enforced, and any such penalty, confiscation

or punishment may be imposed or made as if that Act had not been repealed.

(3) The mention of the particular matters referred to in sub-section (2) shall not be held

to prejudice or affect the general application of section 6 of the General Clauses Act, 1897

with regard to the effect of repeal.

27 of 1993.

10 of 1897.

Short title and

commencement.

THE NATIONAL COMMISSION FOR BACKWARD CLASSES

(REPEAL) ACT, 2018

NO. 24 OF 2018

[14th August, 2018.]

An Act to repeal the National Commission for Backward Classes Act, 1993.

BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as

follows:—

1. (1) This Act may be called the National Commission for Backward Classes (Repeal)

Act, 2018.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

2. (1) The National Commission for Backward Classes Act, 1993 is hereby repealed and

the National Commission for Backward Classes constituted under sub-section (1) of

section 3 of the said Act shall stand dissolved.

Repeal

and

savings.

27 of 1993.

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

MANOJ

KUMAR

Digitally signed by

MANOJ KUMAR

Date: 2018.08.14

18:29:53 +05'30'

P.R. 58

SC - 20

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Dgï. ²æÃ¤ªÁ¸À,

¸ÀºÁAiÀÄPÀ ¥ÁægÀÆ¥ÀPÁgÀ ªÀÄvÀÄÛ ¥ÀzÀ¤«ÄvÀÛ

¸ÀPÁðgÀzÀ C¢üÃ£À PÁAiÀÄðzÀ²ð,

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.

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¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À ¸ÀaªÁ®AiÀÄ

C¢ü¸ÀÆZÀ£É

¸ÀASÉå: ¸ÀAªÀå±ÁE 32 PÉÃ±Á¥Àæ 2018, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 11-09-2018.

¢£ÁAPÀ: 11-08-2018 gÀAzÀÄ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉÃµÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï (1) gÀ°è ¥ÀæPÀlªÁzÀ The Criminal

Law (Amendment) Act, 2018 (No. 22 of 2018) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

Short title and

commencement.

THE CRIMINAL LAW (AMENDMENT) ACT, 2018

NO. 22 OF 2018

[11th August, 2018.]

An Act further to amend the Indian Penal Code, Indian Evidence Act, 1872, the

Code of Criminal Procedure, 1973 and the Protection of Children from

Sexual Offences Act, 2012.

BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as

follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Criminal Law (Amendment) Act, 2018.

(2) It shall be deemed to have come into force on the 21st day of April, 2018.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 11th August, 2018/Shravana 20, 1940 (Saka)

The following Act of Parliament received the assent of the President on the

11th August, 2018, and is hereby published for general information:—

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Amendment

of section

166A.

Amendment of

section 228A.

Amendment of

section 376.

CHAPTER II

AMENDMENTS TO THE INDIAN PENAL CODE

2. In the Indian Penal Code (hereafter in this Chapter referred to as the Penal Code), in

section 166A, in clause (c), for the words, figures and letters "section 376B, section 376C,

section 376D", the words, figures and letters "section 376AB, section 376B, section 376C,

section 376D, section 376DA, section 376DB" shall be substituted.

3. In section 228A of the Penal Code, in sub-section (1), for the words, figures and

letters "section 376A, section 376B, section 376C, section 376D", the words, figures and

letters "section 376A, section 376AB, section 376B, section 376C, section 376D,

section 376DA, section 376DB" shall be substituted.

4. In section 376 of the Penal Code,—

(a) in sub-section (1), for the words "shall not be less than seven years, but

which may extend to imprisonment for life, and shall also be liable to fine", the words

"shall not be less than ten years, but which may extend to imprisonment for life, and

shall also be liable to fine" shall be substituted;

(b) in sub-section (2), clause (i) shall be omitted;

"(3) Whoever, commits rape on a woman under sixteen years of age shall

be punished with rigorous imprisonment for a term which shall not be less than

twenty years, but which may extend to imprisonment for life, which shall mean

imprisonment for the remainder of that person's natural life, and shall also be

liable to fine:

Provided that such fine shall be just and reasonable to meet the medical

expenses and rehabilitation of the victim:

Provided further that any fine imposed under this sub-section shall be

paid to the victim.".

5. After section 376A of the Penal Code, the following section shall be inserted, namely:—

"376AB. Whoever, commits rape on a woman under twelve years of age shall be

punished with rigorous imprisonment for a term which shall not be less than twenty

years, but which may extend to imprisonment for life, which shall mean imprisonment

for the remainder of that person's natural life, and with fine or with death:

Provided that such fine shall be just and reasonable to meet the medical expenses

and rehabilitation of the victim:

Provided further that any fine imposed under this section shall be paid to the victim.".

6. After section 376D of the Penal Code, the following sections shall be inserted, namely:—

"376DA. Where a woman under sixteen years of age is raped by one or more

persons constituting a group or acting in furtherance of a common intention, each of

those persons shall be deemed to have committed the offence of rape and shall be

punished with imprisonment for life, which shall mean imprisonment for the remainder

of that person's natural life, and with fine:

Provided that such fine shall be just and reasonable to meet the medical expenses

and rehabilitation of the victim:

Provided further that any fine imposed under this section shall be paid to the

victim.

Insertion of

new section

376AB.

45 of 1860.

Punishment

for rape on

woman under

twelve years of

age.

Insertion of

new sections

376DA and

376DB.

Punishment

for gang rape

on woman

under sixteen

years of age.

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784

¨sÁUÀ 4

Amendment of

section 53A.

376DB. Where a woman under twelve years of age is raped by one or more

persons constituting a group or acting in furtherance of a common intention, each of

those persons shall be deemed to have committed the offence of rape and shall be

punished with imprisonment for life,which shall mean imprisonment for the remainder

of that person's natural life, and with fine, or with death:

Provided that such fine shall be just and reasonable to meet the medical

expenses and rehabilitation of the victim:

Provided further that any fine imposed under this section shall be paid to the

victim.".

7. In section 376E of the Penal Code, for the word, figures and letter "section 376D",

the words, figures and letters "section 376AB or section 376D or section 376DA or

section 376DB," shall be substituted.

CHAPTER III

AMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872

8. In section 53A of the Indian Evidence Act, 1872 (hereafter in this Chapter referred to

as the Evidence Act), for the words, figures and letters "section 376A, section 376B,

section 376C, section 376D", the words, figures and letters "section 376A, section 376AB,

section 376B, section 376C, section 376D, section 376DA, section 376DB" shall be substituted.

9. In section 146 of the Evidence Act, in the proviso, for the words, figures and letters

"section 376A, section 376B, section 376C, section 376D", the words, figures and letters

"section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA,

section 376DB" shall be substituted.

CHAPTER IV

AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973

10. In the Code of Criminal Procedure, 1973 (hereafter in this Chapter referred to as the

Code of Criminal Procedure), in section 26, in clause (a), in the proviso, for the words, figures

and letters "section 376A, section 376B, section 376C, section 376D", the words, figures and

letters "section 376A, section 376AB, section 376B, section 376C, section 376D,

section 376DA, section 376DB" shall be substituted.

11. In section 154 of the Code of Criminal Procedure, in sub-section (1),—

(i) in the first proviso, for the words, figures and letters "section 376A,

section 376B, section 376C, section 376D", the words, figures and letters

"section 376A, section 376AB, section 376B, section 376C, section 376D,

section 376DA, section 376DB," shall be substituted;

(ii) in the second proviso, in clause (a), for the words, figures and letters

"section 376A, section 376B, section 376C, section 376D", the words, figures and

letters "section 376A, section 376AB, section 376B, section 376C, section 376D,

section 376DA, section 376DB," shall be substituted.

12. In section 161 of the Code of Criminal Procedure, in sub-section (3), in the second

proviso, for the words, figures and letters "section 376A, section 376B, section 376C,

section 376D", the words, figures and letters "section 376A, section 376AB, section 376B,

section 376C, section 376D, section 376DA, section 376DB" shall be substituted.

13. In section 164 of the Code of Criminal Procedure, in sub-section (5A), in clause (a),

for the words, figures and letters "section 376A, section 376B, section 376C, section 376D",

the words, figures and letters "section 376A, section 376AB, section 376B, section 376C,

section 376D, section 376DA, section 376DB" shall be substituted.

Punishment

for gang rape

on woman

under twelve

years of age.

Amendment of

section 376E.

Amendment of

section 146.

Amendment of

section 26.

Amendment of

section 154.

2 of 1974.

1 of 1872.

Amendment of

section 161.

Amendment of

section 164.

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14. In section 173 of the Code of Criminal Procedure,—

(i) in sub-section (1A), for the words "rape of a child may be completed within

three months", the words, figures and letters "an offence under sections 376, 376A,

376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of the Indian Penal Code shall be

completed within two months" shall be substituted;

(ii) in sub-section (2), in clause (i), in sub-clause (h), for the word, figures and

letters "section 376, 376A, 376B, 376C, 376D", the word, figures and letters "sections

376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB" shall be substituted.

15. In section 197 of the Code of Criminal Procedure, in sub-section (1), in the

Explanation, for the words, figures and letters "section 376A, section 376C, section 376D",

the words, figures and letters "section 376A, section 376AB, section 376C, section 376D,

section 376DA, section 376DB" shall be substituted.

16. In section 309 of the Code of Criminal Procedure, in sub-section (1), in the proviso,

for the words, figures and letters "section 376A, section 376B, section 376C or section 376D

of the Indian Penal Code, the inquiry or trial shall, as far as possible,", the words, figures and

letters "section 376A, section 376AB, section 376B, section 376C, section 376D,

section 376DA or section 376DB of the Indian Penal Code, the inquiry or trial shall" shall be

substituted.

17. In section 327 of the Code of Criminal Procedure, in sub-section (2), for the words,

figures and letters "section 376A, section 376B, section 376C, section 376D", the words,

figures and letters "section 376A, section 376AB, section 376B, section 376C, section 376D,

section 376DA, section 376DB" shall be substituted.

18. In section 357B of the Code of Criminal Procedure, for the words, figures and letters

"under section 326A or section 376D of the Indian Penal Code", the words, figures and

letters "under section 326A, section 376AB, section 376D, section 376DA and section 376DB

of the Indian Penal Code" shall be substituted.

19. In section 357C of the Code of Criminal Procedure, for the figures and letters

"376A, 376B, 376C, 376D", the figures and letters "376A, 376AB, 376B, 376C, 376D, 376DA,

376DB" shall be substituted.

20. In section 374 of the Code of Criminal Procedure, after sub-section (3), the following

sub-section shall be inserted, namely:—

"(4) When an appeal has been filed against a sentence passed under

section 376, section 376A, section 376AB, section 376B, section 376C, section 376D,

section 376DA, section 376DB or section 376E of the Indian Penal Code, the appeal

shall be disposed of within a period of six months from the date of filing of such appeal.".

21. In section 377 of the Code of Criminal Procedure, after sub-section (3), the following

sub-section shall be inserted, namely:—

"(4) When an appeal has been filed against a sentence passed under

section 376, section 376A, section 376AB, section 376B, section 376C, section 376D,

section 376DA, section 376DB or section 376E of the Indian Penal Code, the appeal

shall be disposed of within a period of six months from the date of filing of such appeal.".

22. In section 438 of the Code of Criminal Procedure, after sub-section (3), the following

sub-section shall be inserted, namely:—

"(4) Nothing in this section shall apply to any case involving the arrest of any

person on accusation of having committed an offence under sub-section (3) of

section 376 or section 376AB or section 376DA or section 376DB of the Indian

Penal Code.".

Amendment of

section 173.

Amendment of

section 197.

Amendment of

section 309.

Amendment of

section 327.

45 of 1860.

Amendment of

section 357B.

Amendment of

section 357C.

Amendment of

section 374.

Amendment of

section 377.

45 of 1860.

Amendment of

section 438.

45 of 1860.

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀÄªÁgÀ, CPÉÆÖÃ§gï 25, 2018

786

¨sÁUÀ 4

23. In section 439 of the Code of Criminal Procedure,—

(a) in sub-section (1), after the first proviso, the following proviso shall be

inserted, namely: —

"Provided further that the High Court or the Court of Session shall, before

granting bail to a person who is accused of an offence triable under sub-section (3)

of section 376 or section 376AB or section 376DA or section 376DB of the

Indian Penal Code, give notice of the application for bail to the Public Prosecutor

within a period of fifteen days from the date of receipt of the notice of such

application.";

(b) after sub-section (1), the following sub-section shall be inserted, namely:—

"(1A) The presence of the informant or any person authorised by him shall

be obligatory at the time of hearing of the application for bail to the person under

sub-section (3) of section 376 or section 376AB or section 376DA or

section 376DB of the Indian Penal Code.".

24. In the First Schedule to the Code of Criminal Procedure, under the heading "I.—

OFFENCES UNDER THE INDIAN PENAL CODE", —

(a) for the entries relating to section 376, the following entries shall be substituted,

namely:—

Section

Offence

Punishment

Cognizable or

Bailable or

By what

Non-congnizable Non-bailable

Court triable

"376

Rape.

Rigorous imprisonment

Cognizable

Non-bailable

Court of

of not less than 10 years

Session.

but which may extend

to imprisonment for life

and with fine.

Rape by a police

officer or a public

servant or member of

armed forces or a

person being on

the management

or on the staff

of a jail, remand

home or other

place of custody

women's

children's

institution or by

a person on the

management or

on the staff of a

hospital,

and

rape committed

by a person in a

position of trust

authority

towards the person

raped or by a

near relative of

the person raped.

Amendment of

section 439.

45 of 1860.

Amendment of

First Schedule.

Rigorous imprisonment

of not less than 10 years

but which may extend to

imprisonment for life

which shall mean the

remainder of that person's

natural life and with fine.

Cognizable

Non-bailable

Court of

Session.

45 of 1860.

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀÄªÁgÀ, CPÉÆÖÃ§gï 25, 2018

787

¨sÁUÀ 4

Persons

committing

offence of rape

on a woman

under sixteen

years of age.

(b) after the entries relating to section 376A, the following entries shall be

inserted, namely:—

"376AB

Person committing

Rigorous imprisonment

Cognizable

Non-bailable

Court of

an offence of rape

of not less than 20 years

Session.";

on a woman

but which may extend

under twelve

to imprisonment

years of age.

for life which

shall mean

imprisonment

for the remainder

of that person's

natural life and

with fine or

with death.

namely:—

"376DA

Gang rape on a

Imprisonment

Cognizable

Non-bailable

Court of

woman under sixteen

for life which shall

Session.

years of age.

mean imprisonment for

the remainder of that

person's natural life

and with fine.

376DB

Gang rape on

Imprisonment for

Cognizable

Non-bailable

Court of

woman under

life which shall

Session.".

twelve

mean imprisonment

years of age.

for the remainder of

that person's natural

life and with fine or

with death.

CHAPTER V

AMENDMENT TO THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012

25. In section 42 of the Protection of Children from Sexual Offences Act, 2012, for the

figures and letters "376A, 376C, 376D", the figures and letters "376A, 376AB, 376B, 376C,

376D, 376DA, 376DB" shall be substituted.

26. (1) The Criminal Law (Amendment) Ordinance, 2018 is hereby repealed.

Amendment of

section 42 of

Act No.32 of

2012.

Repeal and

savings.

Ord. No.2

of 2018.

Rigorous imprisonment

for a term which shall not

be less than 20 years but

which may extend to

imprisonment for life,

which shall mean

imprisonment for the

remainder of that person's

natural life and with fine.

Cognizable

Non-bailable

Court of

Session.";

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀÄªÁgÀ, CPÉÆÖÃ§gï 25, 2018

788

¨sÁUÀ 4

(2) Notwithstanding such repeal, anything done or any action taken under the Indian

Penal Code, the Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the

Protection of Children from Sexual Offences Act, 2012, as amended by the said Ordinance,

shall be deemed to have been done or taken under the corresponding provisions of those

Acts, as amended by this Act.

45 of 1860.

1 of 1872.

2 of 1974.

32 of 2012.

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

MANOJ

KUMAR

Digitally signed

by MANOJ

KUMAR

Date: 2018.08.11

18:39:15 +05'30'

P.R. 59

SC - 20

PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉÃ±Á£ÀÄ¸ÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è,

Dgï. ²æÃ¤ªÁ¸À,

¸ÀºÁAiÀÄPÀ ¥ÁægÀÆ¥ÀPÁgÀ ªÀÄvÀÄÛ ¥ÀzÀ¤«ÄvÀÛ

¸ÀPÁðgÀzÀ C¢üÃ£À PÁAiÀÄðzÀ²ð,

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À ¸ÀaªÁ®AiÀÄ

C¢ü¸ÀÆZÀ£É

¸ÀASÉå: ¸ÀAªÀå±ÁE 33 PÉÃ±Á¥Àæ 2018, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 11-09-2018.

¢£ÁAPÀ: 13-08-2018 gÀAzÀÄ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉÃµÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï (1) gÀ°è ¥ÀæPÀlªÁzÀ The

Homoeopathy Central Council (Amendment) Act, 2018 (No. 23 of 2018) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ

¥ÀæPÀn¸À¯ÁVzÉ.

THE HOMOEOPATHY CENTRAL COUNCIL

(AMENDMENT) ACT, 2018

NO. 23 OF 2018

[13th August, 2018.]

An Act further to amend the Homoeopathy Central Council Act, 1973.

BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as

follows:—

1. (1) This Act may be called the Homoeopathy Central Council (Amendment)

Act, 2018.

(2) It shall be deemed to have come into force on the 18th day of May, 2018.

2. In the Homoeopathy Central Council Act, 1973 (hereinafter referred to as the

principal Act), after section 3, the following sections shall be inserted, namely:—

‘3A. (1) On and from the date of commencement of the Homoeopathy Central

Council (Amendment) Act, 2018, the Central Council shall stand superseded and

the President, Vice-President and other members of the Central Council shall

vacate their offices and shall have no claim for any compensation, whatsoever.

(2)The Central Council shall be reconstituted in accordance with the

provisions of section 3 within a period of one year from the date of supersession

of the Central Council under sub-section (1).

Short title

and

commence-

ment.

Power of

Central

Government

to supersede

Central

Council and

to constitute

a Board of

Governors.

Insertion of

new sections

3A, 3B and 3C.

59 of 1973.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 13th August, 2018/Shravana 22, 1940 (Saka)

The following Act of Parliament received the assent of the President on the

13th August, 2018, and is hereby published for general information:—

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀÄªÁgÀ, CPÉÆÖÃ§gï 25, 2018

789

¨sÁUÀ 4

(3) Upon the supersession of the Central Council under sub-section (1)

and until a new Council is constituted in accordance with section 3, the Board of

Governors constituted under sub-section (4) shall exercise the powers and

perform the functions of the Central Council under this Act.

(4) The Central Government shall, by notification in the Official Gazette,

constitute a Board of Governors which shall consist of not more than seven

persons as its members, who shall be persons of eminence and of unimpeachable

integrity in the fields of Homoeopathy and Homoeopathy education, and eminent

administrators, and who may be either nominated member or members, ex officio,

to be appointed by the Central Government, one of whom shall be selected by

the Central Government as the Chairperson of the Board of Governors.

(5)The Chairperson and the other members, other than the members,

ex officio, shall be entitled to such sitting fee and travelling and other allowances

as may be determined by the Central Government.

(6) The Board of Governors shall meet at such time and such place and

shall observe such rules of procedure in regard to the transaction of business at

its meetings as is applicable to the Central Council.

(7) Two-third of the members of the Board of Governors shall constitute

the quorum of its meetings.

(8) No act or proceedings of the Board of Governors shall be invalid merely

by reason of—

(a) any vacancy in, or any defect in the constitution of, the Board of

Governors; or

(b) any irregularity in the procedure of the Board of Governors not

affecting the merits of the case.

(9) A member having any financial or other interest in any matter coming

before the Board of Governors for decision, shall disclose his interest in the

matter before he may, if allowed by the Board of Governors, participate in such

proceedings.

(10) The Chairperson and other members of the Board of Governors shall

hold office during the pleasure of the Central Government.

3B. During the period when the Central Council stands superseded,—

(a) the provisions of the Act shall be construed as if for the words

"Central Council", the words "Board of Governors" were substituted;

(b) the Board of Governors shall exercise the powers and discharge

the functions of the Central Council under this Act and for this purpose,

the provisions of this Act shall have effect subject to the modification that

references therein to the Central Council shall be construed as references

to the Board of Governors.

3C. (1) Without prejudice to the provisions of this Act, the Board of

Governors or the Central Council after its reconstitution shall, in exercise of its

powers and in the performance of its functions under this Act, be bound by such

directions on question of policy, other than those relating to technical and

administrative matters, as the Central Government may give in writing to it from

time to time:

Provided that the Board of Governors or the Central Council, after its

reconstitution shall, as far as practicable, be given an opportunity to express its

view before any direction is given under this sub-section.

Certain

modifications

of Act.

Power of

Central

Government

to give

directions.

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀÄªÁgÀ, CPÉÆÖÃ§gï 25, 2018

790

¨sÁUÀ 4

(2) The decision of the Central Government whether a question is a matter

of policy or not shall be final.’.

3. After section 12B of the principal Act, the following section shall be inserted,

namely:—

"12C. (1) If any person has established a Homoeopathy Medical College or

any Homoeopathy Medical College has opened a new or higher course of study

or training or increased the admission capacity on or before the date of

commencement of the Homoeopathy Central Council (Amendment) Act, 2018,

such person or Homoeopathy Medical College, as the case may be, shall seek,

within a period of one year from the said commencement, permission of the

Central Government, in accordance with the provisions specified in the

regulations made by the Central Council.

(2) If any person or Homoeopathy Medical College, as the case may be,

fails to seek permission under sub-section (1), the provisions of section 12B

shall apply, as far as may be, as if the Central Government has been refused.".

4. (1) The Homoeopathy Central Council (Amendment) Ordinance, 2018 is hereby

repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the

principal Act, as amended by the said Ordinance, shall be deemed to have been done

or taken under the principal Act as amended by this Act.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

Insertion of

new section

12C.

Time for

seeking

permission

for certain

existing

medical

colleges.

Repeal and

saving.

Ord. 4 of

2018.

MANOJ

KUMAR

Digitally signed

by MANOJ

KUMAR

Date: 2018.08.14

10:32:22 +05'30'

P.R. 60

SC - 20

PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉÃ±Á£ÀÄ¸ÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è,

Dgï. ²æÃ¤ªÁ¸À,

¸ÀºÁAiÀÄPÀ ¥ÁægÀÆ¥ÀPÁgÀ ªÀÄvÀÄÛ ¥ÀzÀ¤«ÄvÀÛ

¸ÀPÁðgÀzÀ C¢üÃ£À PÁAiÀÄðzÀ²ð,

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀÄªÁgÀ, CPÉÆÖÃ§gï 25, 2018

791

¨sÁUÀ 4

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À ¸ÀaªÁ®AiÀÄ

C¢ü¸ÀÆZÀ£É

¸ÀASÉå: ¸ÀAªÀå±ÁE 31 PÉÃ±Á¥Àæ 2018, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 11-09-2018.

¢£ÁAPÀ: 09-08-2018 gÀAzÀÄ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉÃµÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï (1) gÀ°è ¥ÀæPÀlªÁzÀ The

Requisitioning and Acquisition of Immovable Property (Amendment) Act, 2018 (No. 21 of 2018) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ

gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

THE REQUISITIONING AND ACQUISITION OF IMMOVABLE

PROPERTY (AMENDMENT) ACT, 2018

NO. 21 OF 2018

[9th August, 2018.]

An Act further to amend the Requisitioning and Acquisition of Immovable

Property Act, 1952.

BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:—

1. (1) This Act may be called the Requisitioning and Acquisition of Immovable

Property (Amendment) Act, 2018.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

2. In the Requisitioning and Acquisition of Immovable Property Act, 1952, in section 7,

after sub-section (1), the following sub-section shall be inserted and shall be deemed to have

been inserted with effect from the 14th March, 1952, namely:—

‘‘(1A) Notwithstanding any judgment or order by a court or any other authority,

setting aside a notice under sub-section (1) on the ground that the owner or any other

person who may be interested in the property was not given adequate opportunity to

show cause or personal hearing, the Central Government may re-issue the notice to the

owner or such other person interested in the property, for the purpose of giving opportunity

of being heard:

Short title

and

commencement.

Amendment

of section 7.

30 of 1952.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 9th August, 2018/Shravana 18, 1940 (Saka)

The following Act of Parliament received the assent of the President on the

9th August, 2018, and is hereby published for general information:—

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀÄªÁgÀ, CPÉÆÖÃ§gï 25, 2018

792

¨sÁUÀ 4

Provided that where a notice is re-issued, the owner or such other person

interested in the property shall be entitled to the same annual rate of interest, prevalent

at any relevant time on the domestic fixed deposit offered by the State Bank of India, as

defined under clause (g) of section 2 of the State Bank of India Act, 1955, on the

compensation payable under this Act, from the date of publication of the first notice,

till the final payment of the compensation under this Act:

Provided further that any enhanced compensation with or without interest

awarded by the court or other authority, before the date of commencement of the

Requisitioning and Acquisition of Immovable Property (Amendment) Act, 2018, shall

be subject to the re-issuance of a notice under this sub-section and shall be applicable

only to the cases of land being acquired for national security and defence purpose:

Provided also that in the cases, where the final award under this Act has been

made and compensation thereof has been accepted by the owner or such other person

interested in the property, before the commencement of the Requisitioning and

Acquisition of the Immovable Property (Amendment) Act, 2018, shall not be reopened.’’.

23 of 1955.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

ªÀÄÄzÀæPÀgÀÄ ºÁUÀÆ ¥ÀæPÁ±ÀPÀgÀÄ:- ¸ÀAPÀ®£Á¢üPÁjUÀ¼ÀÄ, PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, ¸ÀPÁðj PÉÃAzÀæ ªÀÄÄzÀæuÁ®AiÀÄ, ¨ÉAUÀ¼ÀÆgÀÄ-59.

MANOJ

KUMAR

Digitally signed

by MANOJ

KUMAR

Date: 2018.08.09

22:31:25 +05'30'

P.R. 61

SC - 20

PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉÃ±Á£ÀÄ¸ÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è,

Dgï. ²æÃ¤ªÁ¸À,

¸ÀºÁAiÀÄPÀ ¥ÁægÀÆ¥ÀPÁgÀ ªÀÄvÀÄÛ ¥ÀzÀ¤«ÄvÀÛ

¸ÀPÁðgÀzÀ C¢üÃ£À PÁAiÀÄðzÀ²ð,

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.

R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19

Licensed to post without prepayment WPP No. 297