EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 1683, CUTTACK, THURSDAY, SEPTEMBER 6, 2018 / BHADRA 15, 1940

SECRETARIAT

THE ODISHA LEGISLATIVE ASSEMBLY

NOTIFICATION

The 5th September, 2018

No.8379/L.A.—The following Bill which has been introduced in the Odisha

Legislative Assembly on the 5th September, 2018 is herewith published under

Rule 68 of the Rules of Procedure and Conduct of Business in the Odisha

Legislative Assembly for general information.

THE GANDHI INSTITUTE OF ENGINEERING AND TECHNOLOGY

UNIVERSITY, ODISHA BILL, 2018

BILL

FOR CONVERTING THE GANDHI INSTITUTE OF ENGINEERING AND

TECHNOLOGY, GUNUPUR INTO A SELF-FINANCED PRIVATE

UNITARY UNIVERSITY IN THE STATE FOR PROVIDING HIGH QUALITY

EDUCATION AND TO REGULATE ITS FUNCTION AND FOR MATTERS

CONNECTED THEREWITH OR INCIDENTAL THERETO.

BE it enacted by the Legislature of the State of Odisha in the Sixty-ninth Year of the

Republic of India as follows:─

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Gandhi Institute of Engineering and Technology University,

Odisha Act, 2018.

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

notification, appoint.

2.(1) In this Act, unless the context otherwise requires:─

(a) “Academic Council” means the Academic Council of the University constituted under

section 24;

Definitions.

Short title, and

commencement

(b)

“AICTE” means the All India Council for Technical Education established under

section 3 of the All India Council for Technical Education Act, 1987;

(c)

“Annual Report” means the Annual Report of the University referred to in section 49;

(d)

“appointed date” means the date appointed under sub-section (1) of section 3;

(e)

“Board of Governors” means the Board of Governors (BOG) of the University

constituted under section 22;

(f)

“Board of Management” means the Board of Management of the University

constituted under section 23;

(g)

“BPUT” means the Biju Patnaik University of Technology established under the Biju

Patnaik University of Technology Act, 2002;

(h)

“College” means Gandhi Institute of Engineering and Technology (GIET), Gunupur;

(i)

“Corpus Fund” means Corpus Fund of the University referred to in section 45;

(j)

“Dean” means Dean of Schools of the University referred to in section 17;

(k)

“Development Fund” means the Development Fund of the University referred to in

section 47;

(l)

“Distance Education System” means the system of imparting education through any

means of information technology and communication such as multimedia,

broadcasting, telecasting, online over internet, other interactive methods, e-mail,

internet, computer, interactive talk back, e-learning, correspondence course,

seminar, contact programmes or a combination of any two or more of such means;

(m)

“Employee” means employee appointed by the University and includes teachers and

other staff of the University;

(n)

“Faculty” means a faculty of the University;

(o)

“Finance Officer” means Finance Officer of the University appointed under

section 19;

(p)

“General Fund” means General Fund of the University referred to in section 46;

(q)

“Prescribed” means prescribed by the Statutes;

(r)

“President” means the President of the University referred to in section 14;

(s)

“Registrar” means the Registrar of the University appointed under section 18;

(t)

“Regulatory Body” means a Body established by the Central Government for laying

down norms and conditions for ensuring standard of higher education such as

University Grants Commission, All India Council for Technical Education and

National Council of Assessment and Accreditation, National Board of Accreditation,

Distance Education Bureau and other Bodies established by the State Government

for the purpose;

(u)

“Rules” means the Rules of the University;

(v)

“School” means the Schools of Studies of the University as provided in clauses (e)

and (f) of section 8;

(w)

“Section” means the section of this Act;

(x)

“Sponsoring Body” means the Trust;

(y)

“State” means the State of Odisha;

(z)

“ Government” means the State Government of Odisha;

(za) “Statutes” means the Statutes of the University;

(zb)

“Teacher” means a Professor, Associate Professor, Assistant Professor, Lecturer or

such other person as may be appointed for imparting instruction or training or

conducting research in the University;

(zc) “Trust” means the Vidya Bharati Educational Trust, registered under the India

Trust Act. 1882;

2 of 1882

52 of 1987.

Odisha Act 9

of 2002 .

(zd)

“UGC” means the University Grants Commission established under the University

Grants Commission Act, 1956;

(ze) “University” means the Gandhi Institute of Engineering and Technology University,

Odisha, Gunupur (GIET University) established and incorporated as a University

under this Act.

(zf)

“Vice-Chancellor” means the Vice-Chancellor of the University appointed under

section 16;

(zg)

“Vice President” means the Vice President of the University referred to in section 15;

and

(zh)

“Visitor” means the Visitor of the University as referred to in section 13.

CHAPTER II

THE UNIVERSITY

3. (1) Subject to provisions of section 5 with effect from such date as the State Government

may, by notification, appoint in this behalf ( herein after referred to as the appointed date),

there shall be established in the State of Odisha a non-affiliating Unitary University at

Kharling in Gunupur Tahasil in the district of Rayagada by the name of “Gandhi Institute of

Engineering and Technology University, Odisha” after Corpus Fund is set up by the

Sponsoring Body in accordance with the provisions of section 45.

(2) The University shall be a body corporate by the aforesaid name having perpetual

succession and common seal with powers, subject to the provisions of this Act, to acquire,

hold and dispose of property, both movable and immovable which may have become vested

in, or may have been acquired by it, and to contract and to do all things necessary for the

purpose of this Act, and shall sue and be sued by the said name.

(3) The headquarters of the University shall be at Kharling in Gunupur Tahasil in the

district of Rayagada.

(4) The jurisdiction of the University shall extend over all that is presently comprised of

the College to be recognized, restructured and renamed under sub-section (1), to all

schools of studies and Departments for which the corresponding degree and other

academic distinction are being conferred by the BPUT and the Berhampur University and to

all schools of studies and Departments to be established by the University in future with

prior permission of the Government.

4. (1) On and from the appointed date,─

(a) the control and management of the College which is with the Sponsoring Body

together with the control and management of all properties and assets pertaining to the

College, shall stand transferred to, and vest in, the University;

(b) all properties and assets pertaining to the College including any cash balance held

by the College or on its account, whether in deposit with any Bank or otherwise, shall

transferred to, and vest in the University;

liabilities and obligations of the College, contractual or otherwise, arising or accrued or

incurred in relation to the affairs of the College shall stand transferred to, and vest in, the

University; and

(d) every employee and teacher duly appointed in connection with the affairs of the

College and serving in the College as such immediately before the date of notification under

Establishment and

incorporation.

Effect of

establishment.

3 of 1956.

sub-section (1) of section 3, shall hold his office or service in the University by the same

terms and conditions and with the same rights and privileges.

(2) The properties, assets and rights transferred to the University by virtue of

sub-section (1), shall continue to be utilized for the purposes for which they were being

utilized and were intended to be utilized immediately before the appointed date.

(3) Notwithstanding anything contained in the Biju Patnaik University of Technology Act,

2002 and the Odisha University Act, 1989 and the Statute made there under for the BPUT

and the Berhampur University, ─

(a) The College shall, with effect from the appointed date, cease to be affiliated from

the BPUT and from the Berhampur University and shall stand transferred to the

University ;

(b) All schools of studies or programmes of studies or courses of studies, by

whatever name called, existing in the college prior to the appointed date shall be

integrated into the University;

studying for any examination of BPUT or Berhampur University or for any

examination of the College, the college being an Autonomous College, shall continue

his studies as a student of the University and to be permitted to complete his course

in preparation there for and be admitted to the examination of the University; and

(d) For students referred to in clause (c), the University shall make arrangement for

conferment of the corresponding degree and other academic distinction on the

basis of the result of such examination.

5. Before issue of notification under sub-section (1) of section 3, the State Government on

the report of a High Power Committee constituted for the purpose, shall ensure that the

College fulfills the norms and other conditions prescribed or imposed by the Regulatory

Bodies in relation to Land, Buildings, Library, Laboratory, Equipments, Computers, Furniture

and such other Infrastructure facilities as the State Government may decide.

6. After issue of notification under sub-section (2) of section 1 and before the appointed

date, the Sponsoring Body shall give an undertaking,─

(a) to appoint at least one Professor, two Associate Professors and three Assistant

Professors/Lecturers on full time basis along with necessary supporting staff in each

School or Department or Discipline of the University prior to the date such School or

Department or Discipline is vested in the University;

(b) to take up co-curricular activities to foster a proper academic and healthy socio-

cultural environment, such as seminars, debates, quiz programmes and

extracurricular activities like games, sports, National Service Scheme, National

Cadet Corps and such other things which are necessary for the benefit of students

as per the norms laid down by the Regulatory Bodies;

(d) to fulfill such other conditions and provide such other information as may be

prescribed by the Regulatory Bodies, from time to time;

(e) that the programmes of study leading to a degree or a post graduate degree offered

by the University shall conform to the relevant regulations or norms of the UGC or

the concerned Regulatory Body, as amended from time to time;

(f) that the admission procedure and fixation of fees shall be in accordance with the

norms or guidelines, if any, prescribed by the Regulatory Bodies;

(g) that the admission shall be made strictly on merit basis from All India Examination;

Undertaking .

Odisha Act 9 of 2002.

Odisha Act 5 of 1989.

Fulfilment of norms

and other conditions.

(h) that the University shall accept minimum fifty percent of its students for technical or

professional courses coming under Odisha Professional Educational Institutions

(Regulation of Admission and Fixation of Fee) Act, 2007 through Odisha Joint

Entrance Examination Counseling and priority shall be given to the students of

Odisha while filling up of seats;

(i) that the teaching staff of the University shall have at least the minimum qualifications

prescribed by the UGC or AICTE or other concerned Regulatory Bodies, and be paid

appropriate emoluments as per UGC and AICTE guidelines;

(j) that the University shall be open to all persons and shall not discriminate on grounds

of gender, caste, creed, religion, race, domicile and it shall not adopt or impose on

any person, any test whatsoever of religious belief or any profession in order to

entitle one to be appointed as a teacher of the University or to hold any other office

therein or to be admitted as a student or to enjoy or exercise any privilege thereof;

(k) to fulfill such other conditions and provide such other information as may be

prescribed by the Regulatory Bodies; and

(l) that it shall not offer any programme in distance mode or it shall not impart education

through Distance Education System.

7. The University shall be multi-disciplined, unitary, private, self-financed, non-affiliating and

shall not demand for any grant-in-aid or any other financial assistance from the State

Government or any other Body or Corporation owned or controlled by the State

Government.

8. The objects of the University shall be,─

(a) to disseminate and advance knowledge by providing academic and research facilities

in such branches of learning which include Engineering and Technology and

Management and subject to the approval of the Government in any other branches of

learning or in any other field of knowledge and education as it may deem fit;

(b) to institute degrees, charters, certificates and other academic distinctions on the

basis of examination or any other methods of evaluation;

associations, professional bodies or any other organisation, in India or abroad, to

conceptualize, design and develop specific educational and research programmes,

training programmes and exchange programmes for students, faculty member and

others;

(d) to impart futuristic and holistic education at par with international standards to

prepare the youth to face global competition and to participate in shaping India to

become a world leader;

(e) to integrate the existing programmes and courses offered by the college into the

respective Schools;

(f) to establish any other School as it may deem fit with the approval of the Government

apart from the School of Engineering and Technology, the School of Management

and other Schools existing in the College and integrated into the University;

(g) to disseminate knowledge through seminars, conferences, executive education

programmes, community development programmes, publications, and training

programmes;

University not to be

entitled to financial

assistance.

Objects of the

University.

Odisha Act 4

of 2007.

(h) to undertake programmes for the training and development of faculty members of the

University and other Institutions in India or abroad;

(i) to undertake collaborative research with any organization in India or abroad;

(j) to create higher levels of intellectual abilities;

(k) to provide consultancy to industry, Government and Public Organization;

(l) to ensure that the standard of the degrees, charters, certificates and other academic

distinctions are not lower than those laid down by University Grants Commission and

other Regulatory Bodies, as the case may be;

(m) to do all things necessary or expedient to promote the above objectives; and

(n) to pursue any other objective as may be approved by the State Government.

9. Subject to other provisions of this Act, the Statutes or Rules made there under or any

other relevant laws for the time being in force, the University shall have the following

powers, namely:─

(a) to establish and develop schools as envisaged in clause (f) of section 8;

(b) to carry out all such other activities as may be necessary and feasible in furtherance

of the object of the University;

professional designations as envisaged under section 8 in the manner and under

conditions laid down in the Statutes and to withdraw or cancel such degrees;

(d) to institute and award fellowships, scholarships and prizes in accordance with the

Statutes;

(e) to demand and receive such fees, bills, invoices and collect charges as may be fixed

by the Statutes or Rules, as the case may be;

(f) to make provisions for extra curricular activities for students and employees;

(g) to make appointments of the faculty, officers and employees of the University;

(h) to receive donations and gifts of any kind and to acquire, hold, manage, maintain and

dispose of any movable or immovable property, including trust and endowment

properties for the purpose of the University;

(i) to institute and maintain halls and to recognize places of residence for students of

the University;

(j) to supervise and control the residence, and to regulate the discipline among the

students and all categories of employees and to lay down the conditions of service of

such employees, including their Code of conduct;

(k) to create academic, administrative and support staff and other necessary posts;

(l) to co-operate and collaborate with other domestic and overseas Universities and

Institutions in such a manner and for such purposes as the University may determine

from time to time;

(m) to organize and conduct refresher courses, orientation courses, workshops, seminars

and other programs for teachers, developers of course ware, evaluators and other

academic staff;

(n) to determine standards of admission to the University with the approval of the

Academic Council;

(o) to make special provision for students belonging to the State of Odisha for admission

in any course of the University;

(p) to do all such other acts or things whether incidental to the powers aforesaid or not,

as may be necessary for furtherance of the objects of the University;

Powers of the

University.

(q) to prescribe such courses for Bachelor Degree, Master Degree, Doctor or

Philosophy, Doctor of Science Degrees and Research and such other Degrees,

Charters and Certificates;

(r) to provide for the preparation of instructional materials, including films, cassettes,

tapes, video cassettes, Compact Disk, Visual Compact Disk and other software;

(s) to raise, collect, subscribe and borrow with the approval of the Board of Governors

whether on the security of the property of the University, money for the purposes of

the University;

(t) to enter into, carry out, vary or cancel contracts; and

(u) to do all things necessary or expedient to exercise the above powers.

10. The University shall be open to all persons irrespective of class, caste, creed, religion,

language, domicile, gender, race and descent.

11.

(1) The University shall seek, obtain and retain accreditation from respective

national accreditation bodies and be subject to relevant provisions of the

University Grants Commission Act, 1956 and the Regulations or Guidelines

made there under from time to time relating to private University.

(2) The University shall obtain prior permission or recognition from the concerned

Regulatory Bodies, for conferring graduate or post graduate degrees

and

for

other programmes.

(3) As regards other programmes on technical education, the relevant laws,

rules, regulations in the matter of obtaining approval or recognition or maintaining

standards shall apply to the University.

CHAPTER III

THE VISITOR AND THE OFFICERS OF THE UNIVERSITY

12. The following shall be the officers of the University, namely ; ─

(a) The President;

(b) The Vice-President;

(d) The Registrar;

(e) The Deans of Schools;

(f) The Finance Officer;

(g) The Controller of Examinations; and

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

University.

13.

(1) The Governor of Odisha shall be the Visitor of the University.

(2) The visitor shall, when present, preside at the convocation of the University for

conferring Degrees, Charters, Designations and Certificates.

(3) The Visitor shall have the following powers to be exercised in accordance with

the procedure laid down in the Statutes, namely:─

(a) to call for any paper or information relating to the affairs of the University;

(b) on the basis of the information received by the Visitor, if he is satisfied that

any order, proceeding, or decision taken by any authority of the University is not

in conformity with the Act, Statutes or Rules, he may give such advice to the

University open to all

classes, castes, creed,

religion, language

and gender.

National

Accreditation.

Officers of the

University.

The Visitor.

Act 3 of 1956.

President or the Vice President as he may deem fit in the interest of the

University and basing on the advices of the Visitor, the President and the Vice

President shall take a decision which shall be complied with by all concerned.

14. (1) The Chairman of the Trust shall be the President of the University.

(2) The President, during his absence, may, by order in writing, designate the Vice-

President to act as the President of University, for such period and for such functions and

responsibilities as he may specify.

(3) The President shall preside at the meeting of the Board of Governors and in his

absence the Vice-President shall preside at the said meeting and any decision resolved in

that meeting shall be given effect to only after obtaining the approval of both President and

Vice-President.

(4) The President shall have the following powers, namely:─

(a) to preside at the Convocation of the University when the Visitor is not present;

(b) to call for any information or record;

(d) such other powers as may be conferred on him by the Act or the

Statutes made there under.

15. (1) The Secretary of the Trust shall be the Vice-President of the University.

(2) In absence of the President, the Vice-President shall perform all such functions and

exercise all such powers of the President as specified in section 14.

(3) In the absence of the President, the Vice-President shall preside over the meetings

of Board of Governors.

(4) The Vice-President of the University shall exercise such powers and perform such

functions as delegated to him by the Board of Governors and conferred on him by the Act or

the Statutes made thereunder.

16. (1) The Vice-Chancellor shall be appointed by the President in consultation with the

Vice-President from a panel of three persons recommended by the Board of Governors and

shall hold office for a term of three years and after expiration of the term of three years, the

Vice-Chancellor shall be eligible for re-appointment for another term not exceeding three

years.

(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 the authorities of the University.

(3) If in the opinion of the Vice-Chancellor it is necessary to take immediate action on

any matter for which powers are conferred on any other authority by or under this Act, he

may take such action as he deems necessary and shall at the earliest opportunity thereafter

report his action to such officers or authority as would have in the ordinary course dealt with

the matter:

Provided that if in the opinion of the concerned authority such action should not have

been taken by the Vice-Chancellor, then such case shall be referred to the President, who

shall take decision in consultation with the Vice-President and the said decision shall be

final:

Provided further that where any such action taken by the Vice-Chancellor affects any

person in the service of the University, such person shall be entitled to prefer, within three

months from the date on which such action is communicated to him, an appeal to the Board

The President and

his powers.

The Vice-Chancellor.

The Vice-

President

and his powers.

of Governors and the Board of Governors may confirm or modify or reverse the action taken

by the Vice-Chancellor.

(4) If in the opinion of the Vice-Chancellor any decision of any authority of the University

is outside the powers conferred by this Act, Statutes or is likely to be prejudicial to the

interest of the University, he shall request the concerned authority to revise its decision

within seven days from the date of his decision and in case the authority refuses to revise

such decision wholly or partly or fails to take any decision within seven days, then such

matter shall be referred to the President who shall take decision in consultation with the

Vice-President and the said decision shall be final.

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

as may be laid down by the Statutes or the Rules.

(6) The President is empowered to remove the Vice-Chancellor after due enquiry and it

shall be open to the President to suspend the Vice-Chancellor during enquiry depending

upon the seriousness of the charges, with the approval of the Board of Governors:

Provided that in the matter of removal or suspension of the Vice-Chancellor, the

President shall consult the Vice –President.

(7) The Vice-Chancellor shall have the power to remove the Registrar, the Deans of

Schools, the Finance officer, the Controller of Examinations, if the situation so warrants in

the interest of the University with due approval of the Board of Governors.

17.

(1) The Deans of Schools shall be appointed by the Vice-Chancellor in such manner

and shall exercise such powers and perform such duties as may be prescribed.

(2) The Dean of each school shall be responsible for the due observance of the

Rules and Regulations in guiding the research activities of faculties.

(3) The Deans of Schools shall hold office for a term of three years.

18. (1) The appointment of the Registrar shall be made by the Vice-Chancellor with the

approval of the Board of Governors in such manner as may be prescribed.

(2) All contracts shall be signed and all documents and records shall be authenticated

by the Registrar on behalf of the University.

(3) The Registrar shall exercise such other powers and perform such other functions as

may be prescribed or may be required from time to time, by the Board of Governors.

(4) The Registrar shall be responsible for the due custody of the records and the

common seal of the University and shall be bound to place before the President, the Vice-

President and the Vice-Chancellor or any other authority, all such information and

documents as may be necessary for transaction of their business.

19. (1) The Finance Officer shall be appointed by the Board of Governors in such manner

and shall exercise such powers and perform such functions as may be prescribed in the

Statutes.

(2) The Controller of Examinations shall be appointed by the Vice-Chancellor in such

manner and shall exercise such powers and perform such functions as may be prescribed in

the Statutes.

20. The manner of appointment, terms and conditions of services and powers, duties and

functions of other officers of the University shall be such, as may be prescribed in the

Statutes.

The Registrar.

The Finance Officer

and the Controller of

examination.

Other officers.

The Deans of

Schools.

CHAPTER IV

AUTHORITIES OF THE UNIVERSITY

21.

The following shall be the authorities of the University, namely:─

(a) The Board of Governors;

(b) The Board of Management;

(d) The Board of Studies;

(d) The Finance Committee; and

(e) Such other authorities as may be declared by the Statutes to be the authorities

of the University.

22. (1) The Board of Governors shall consist of the following members, namely:─

(a) The President;

(b) The Vice-President;

(d) Three persons nominated by the Trust who shall be eminent educationist;

(e) Two experts nominated by the State Government;

(f) One member of the Odisha Legislative Assembly nominated by the Speaker in

consultation with the leader of the House and the leader of opposition;

(g) The Secretary to Government, Skill Development and Technical Education

Department who shall be the member ex-officio;

(h) Two Deans of the University by rotation, to be nominated by the

President in consultation with the Vice-President; and

(i) One expert of Finance to be nominated by the President in consultation with the

Vice-President.

(2) The President shall be the Chairman of the Board of Governors.

(3) The Registrar shall be the ex-officio Secretary of the Board of Governors.

(4) The Board of Governors shall be the principal executive body and principal

governing body of the University and shall have the following powers, namely:─

(a) to lay down policies to be pursued by the University;

(b) to review decisions of other authorities of the University if they are not in

conformity with the provision of this Act, or the Statutes or the Rules;

earlier Statutes and Rules with the approval of the State Government;

(d) to approve the budget and annual report of the University;

(e) to appoint the Statutory Auditors of he University;

(f) to take decision about voluntary winding up of the University;

(g) to approve proposals for submission to the State Government; and

(h) to take such decision and steps as are found desirable for effectively

carrying out the objectives of the University.

(5) The Board of Governors shall meet at least twice in a calendar year at such time and

at such place as the President, in consultation with the Vice-President, thinks fit.

(6) Save as otherwise provided in this section, the terms of nominated members of the

Board of Governors shall be three years from the date of nomination.

(7) Any recommendation or decision of the Board of Governors shall be given effect to

only after approval of the President in the consultation with the Vice-President.

Authorities of the

University.

The Board of

Governors and its

powers.

23. (1) The Board of Management shall consist of the following members, namely:─

(a) The Vice-Chancellor of the University who shall be the ex-officio Chairman;

(b) The Registrar of the University who shall be the ex-officio Secretary;

(d) Three deans of the University; and

(e) Two senior Professors of the University.

(2) The powers and functions of the Board of Management shall be such, as may be

prescribed.

(3) The term of office of the members other than the ex-officio members shall be three

years.

24. (1) The Academic Council shall consist of the following members, namely:─

(a) The Vice-Chancellor of the University who shall be the ex-officio Chairman.

(b) The Registrar of the University who shall be the Secretary; and

(2) The Academic Council shall be the principal academic body the University and shall,

subject to the provisions of this Act, the Statutes and the Rules, co-ordinate and exercise

general supervision over the academic policies of the University and shall exercise such

other powers and perform such other functions as may be prescribed.

(3) The term of office of the members other than the ex-office members shall be three

years.

25. (1) There shall be a Board of Studies for each branch or discipline of study or branches

of study as the Academic Council may decide.

(2) The constitution, powers and functions of the Board of Studies shall be such as may

be prescribed in the Statutes.

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

(a) The Vice-Chancellor of the University who shall be the ex-officio Chairman;

(b) The Registrar of the University who shall be the ex-officio Secretary;

(d) Such other members as may be nominated by the Board of Governors.

(2) The Finance Committee shall be the principal financial body of the University to take

care of the financial matters and shall, subject to the provisions of this Act. Statutes and

the Rules, co-ordinate and exercise general supervision over the financial matters of the

University and shall exercise such other powers and perform such other functions as

may be prescribed.

(3) The term of office of the members other than the ex-officio members shall be three

years.

27. The constitution, powers and functions of other authorities of the University shall be

such, as may be prescribed.

28. No act or proceeding of any authority of the University shall be invalid merely by reason

of the existence of any vacancy or defect in the constitution of the authority.

The Board of

Management .

The Finance

Committee.

Other authorities.

The Academic

Council .

Proceeding not

invalidated on

account of vacancy

The Board of

Studies.

CHAPTER V

STATUTES AND RULES

29. 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 the authorities and other

bodies

the University not specified in the Act, as may be constituted from time to time and

creation of new authorities of the University;

(b) the operation of the Corpus Fund, the General Fund and the

Development Fund;

the Finance Officer and their powers and functions;

(d) the mode of recruitment and the conditions of service of other officers, teachers

and employees of the University;

(e) the procedure for resolving disputes between the University and its officers,

faculty members, employees and students;

(f) creation, abolition or restructuring of departments and faculties;

(g) the manner of co-operation with other Universities or Institutions of higher

learning;

(h) the procedure for conferment of honorary degrees;

(i) the provisions regarding grant of freeships and scholarships;

(j) the number of seats in different courses of studies and the procedure of admission

of students to such courses.

(k) the fee chargeable from students for various courses of studies subject to the

norms, guidelines or law for the time being in force, made by the Regulatory Bodies

or the State Government depending on the course in which the students seek

admission;

(l) institution of fellowships, scholarships, studentships, freeships, medals and prizes;

(m) procedure for creation and abolition of posts; and

(n) any other matters which may be prescribed.

30. (1) The First Statues shall be made by the Board of Governors and shall be submitted to

the State Government for its approval, which may, within three months from the date of

receipt by the State Government, give its approval with or without modifications.

(2) Where the State Government fails to take any decision with respect to the

approval of the Statute within the period specified in sub-section (1), it shall be deemed to

have been approved by the State Government.

31. The Board of Governors may, with the prior approval of the State Government, may

make new or additional Statutes or amend or repeal the Statutes.

32. Subject to the provisions of this Act, the Rules may provide for all or any of the following

matters, namely:─

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

as such;

(b) the courses of study to be laid down for all Degrees, Certificates, Charters and

other academic distinctions of the University;

Statutes .

Procedure for

making Statutes.

Power to amend

the Statutes.

Rules

University;

(d) the accounting policy and financial procedure;

(e) the conditions of the award of fellowships, scholarships, studentships, medals

and prizes;

(f) the conduct of examinations and the conditions and mode of appointment and

duties of examining bodies, examiners, invigilators, tabulators and moderators;

(g) the fee to be charged for examinations for Degrees, Certificates and other

academic distinctions of the University subject to the norms, guidelines or law for the

time being in force, made by the Regulatory Bodies or the State Government

depending on the course in which the students appear the examination;

(h) revision of fees;

(i) alteration of number of seats in different courses and programs;

(j) the conditions of residence of the students at the University;

(k) maintenance of discipline among the students of the University; and

(l) any other matters not specifically provided in the Statutes.

33. (1) The Rules shall be made by the Board of Governors and the Rules so made shall be

submitted to the State Government for its approval, which may within two months from the

receipt of the Rules give its approval with or without modification.

(2) Where the State Government fails to take any decision with respect to the approval

of the rules within the period specified in sub-section (1), it shall be deemed to have been

approved by the State Government.

34. The Board of Governors may, with the prior approval of the State Government, make

new or additional Rules or amend or repeal the Rules.

35. (1) Subject to the provisions of clause (h) of section 6 and the provisions of the Odisha

Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act,

2007 regulating admission to all courses offered by the University shall be done strictly from

All India Examinations on merit basis and in accordance with the norms and guidelines

prescribed by the Regulatory Bodies or the UGC as the case may be depending on the

course in which students seek admission.

(2) In absence of the guidelines under sub-section (1), admission in the University shall

be made strictly on the basis of merit.

(3) Merit for admission in the University may be determined on the basis of marks or

grade obtained in the qualifying examination and achievements in co-curricular and extra-

curricular activities and on the basis of marks or grade obtained in the entrance test

conducted at State or National level either by an association of the Universities conducting

similar courses or by any agency of the State.

36. (1) The University may, from time to time, prepare its fees structure in accordance with

the norms and guidelines prescribed by the Regulatory Bodies depending on the course in

which the students seek admission, subject to adherence to the fee control regulations of

the State Government as applicable to Universities.

(2) The University shall not charge any fees, by whatsoever name called, other than for

which it is entitled under the provisions of sub-section (1).

Procedure for

making Rules.

Power to amend

Rules.

Admission.

Fee Structure.

(3) The University shall implement a Scheme for providing concession in fees payable

to the University by the students belonging to Scheduled Castes, Scheduled Tribes

community, Economically Weaker Sections and women from the State of Odisha.

CHAPTER VI

MISCELLANEOUS

37. (1) Subject to the provisions of clause (d) of sub-section (1) of section 4, every

employee shall be appointed under a written contract, which shall be kept in the University

and a copy of which shall be furnished to the employee concerned.

(2) Disciplinary action against the students or employees shall be governed by the

procedure as may be prescribed.

38. Every employee or student of the University shall, notwithstanding anything contained in

this Act, have a right to appeal within such time as may be prescribed, to the Board of

Management against the decision of any officer or authority of the University and thereupon

the Board of Management may confirm, modify or change the decision appealed against.

39. The University shall constitute for the benefit of its employees such provident or pension

fund and provide such insurance scheme as it may deem fit in such manner and subject to

such conditions as may be prescribed.

40. 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 President who shall take a decision in consultation with the Vice-

President.

41. Any authority of the University referred to in section 21, is empowered to constitute a

committee of such authority, consisting of such members as such authority may deem fit,

and having such powers as the authority may deem fit.

42. Any casual vacancy among the members, other than ex-officio members, of any

authority or Body of the University shall be filled in the same manner in which the member

whose vacancy is to be filled up, was chosen, and the person filling the

vacancy

shall be a member of such authority or Body for the residue of the term for which the person

in whose place he fills would have been a member.

43. (1) No suit or other legal proceedings shall lie against any officer or other employee of

the University for anything, which is done in good faith or intended to be done in pursuance

of the provisions of this Act, the Statutes or the Rules.

(2) Nothing in sub-section (1) shall be a bar for filling suits, prosecutions or other legal

proceedings for anything done in contravention of the provisions of this Act and the Rules or

Statute made thereunder.

44. Notwithstanding anything contained in any other provisions of this Act and the

Statutes,─

(a) The first Vice-Chancellor shall be appointed by the President in consultation

with the Vice-President and the said officer shall hold office for a term of three

years;

Transitional

provisions .

Protection of action

taken in good faith.

Filling of casual

vacancies.

Constitution of

committees.

Conditions of service

of employees.

Right to appeal .

Provident fund and

pension.

Disputes as to constitution

of University authorities

and bodies.

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

President in consultation with the Vice-President who shall hold office for a term of

three years;

years; and

(d) The first Board of Management, the first Finance Committee and the first

Academic Council shall be constituted by the President in consultation with the Vice-

President for a term of three years.

45. (1) The Sponsoring Body shall establish a Corpus Fund of Rupees Ten

Crores.

(2) The amount of Corpus Fund shall be invested and kept invested until the dissolution

of the University in long term securities issued or guaranteed by the State Government.

(3) The University may transfer any amount from the General Fund or the Development

Fund to the Corpus Fund.

(4) Excepting in the dissolution of the University, no money can transferred from the

Corpus Fund under any other circumstances purposes other than that of the University.

(5) Out of the incomes received from the Corpus Fund amount not exceeding seventy

five percentum shall be used for the purpose of development works of the University and the

remaining twenty five percentum shall be reinvested in the Corpus Fund.

46. (1) The University shall establish a General Fund to which the following amount shall be

credited, namely:─

(a) all fees which may be charged by the University;

(b) all sums received from any other source;

(d) all contributions or donations made in this behalf by any other person or Body,

which are not prohibited by any law for the time being in force.

(2) The funds credited to the General Fund shall be applied to meet the following

payments, namely:─

(a) the repayment of debts including interest charges thereto incurred by the University

for the purpose of this Act and the Statutes, and the Rules made there under;

(b) the upkeep of the assets of the University;

section 47;

(d) meeting the expenses of any suit or proceedings to which the University is a

party;

(e) the payment of salaries and allowances of the officers and employees of the

University, members of the teaching and research staff, and payment of any

Provident Fund contributions, gratuity and other benefits of the teaching and

research staff;

(f) the payment of traveling and other allowances of the members of the Board of

Governors, the Board of Management, Academic Council, and other authorities so

declared under the Statutes of the University and of the members of any Committee

or Board appointed by any of the authorities of the University in pursuance of any

provision of this Act, or the Statutes, or the Rules made thereunder;

(g) the payment of fellowships, freeships, scholarships, assistantships and other

awards to students, research associates or trainees eligible for such awards under

the Statutes or Rules of the University;

General Fund.

Corpus fund.

(h) the payment of any expenses incurred by the University in carrying out the

provisions of this Act, and the Statutes or the Rules;

(i) the payment of cost of capital, not exceeding the prevailing bank rate of interest,

incurred by the Sponsoring Body for setting up the University and the investments

made thereof;

(j) the payment of charges and expenditure relating to the consultancy work

undertaken by the University in pursuance of the provisions of this Act, and the

Statutes, and the Rules; and

(k) the payment of any other expenses including a management fee payable to any

organization charged with the responsibility of managing the University on behalf of

the Sponsoring Body, as approved by the Board of Management to be an expense

for the purposes of the University:

Provided that no expenditure shall be incurred by the University in excess

of the limits for total recurring expenditure and total non-recurring expenditure for the

year as may be fixed by the Board of Management without the previous approval of

the Board of Management:

Provided further that the General Fund shall be applied for the objects

specified under this sub-section with the prior approval of the Board of Management

of the University.

47. (1) The University shall also establish a Development Fund to which the following

amount shall be credited, namely: ─

(a) all sums received from any other source for the purposes of the development of

the University;

(b) all contributions made by the Sponsoring Body;

which are not prohibited by any law for the time being in force; and

(d) subject to the provisions of sub-section (5) of section 45, incomes received

from the Corpus Fund.

(2) The amount credited to the Development Fund from time to time shall be utilized

for

the development of the University.

48. The funds established under sections 45, 46 and 47 shall be, subject to general

supervision and control of the Board of Governors, be regulated and maintained in such

manner as may be prescribed.

49. (1) The Annual Report of the University shall be prepared under the direction of the

Board of Management and shall be submitted to the Board of Governors for its approval.

(2) The Board of Governors shall consider the Annual Report in its meeting and may

approve the same with or without modification.

(3) A copy of the Annual Report duly approved by the Board of Governors shall be sent

to the Visitor and to the State Government on or before 31^st December following closure of

the financial year on the 31^st March each year.

50. (1) The Annual Accounts and Balance Sheet of the University shall be prepared under

the direction of the Board of Management and all funds accruing to or received by the

University from whatever source and all amount disbursed or paid shall be entered in the

accounts maintained by the University.

Annual Report

Maintenance of

fund.

Development fund.

Account and audit .

(2) The Annual Accounts of the University shall be audited every year by a chartered

accountant, who is a member of the Institute of Chartered Accountants of India.

(3) A copy of the Annual Accounts and the Balance Sheet together with the audit report

shall be submitted to the Board of Governors on or before the 31^st December following

closure of the financial year on the 31^st March each year.

(4) The Annual Accounts, the Balance Sheet and the audit report shall be placed before

the Board of Governors at its meeting for consideration and approval and

the Board of

Governors shall forward the same to the Visitor and to the State Government on or before

the 31^st December each year.

(5) In the event of any observation relating to deficiencies in financial management in

the Report of the Chartered Accountant, the State Government may issue directions to the

University, and such directions shall be binding on the University.

51. A copy of any receipt, application, notice, order, proceeding or resolution of any

authority or committee of the University or other documents 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 existence of entry in the register and shall be admitted

as evidence of the matters and transaction therein recorded where the original thereof

would, if produced, have been admissible in evidence.

52. (1) If the Sponsoring Body proposes dissolution of the University in accordance with the

law governing its constitution or incorporation, it shall give at least six months notice in

writing to the State Government.

(2) On identification of mismanagement, mal-administration, indiscipline, failure in the

accomplishment of the objects of the University and economic hardships in the

management systems of the University, the State Government shall, subject to and in

accordance with relevant law, if any for the time being in force, issue directions to the

Sponsoring Body of the University and if the direction are not followed within such time as

may be prescribed, the right to take decision for winding up of the University would vest in

the State Government.

(3) The manner of winding up of the University would be such as may be prescribed by

the State Government in this behalf.

(4) If the State Government considers it necessary to suspend the Board of

Management, it shall, by notification published in the Official Gazette, order suspension of

the Board of Management and shall make such arrangements in consultation with the

Sponsoring Body for the administration of the business of the University till the completion of

investigation as it may consider necessary:

Provided that no such action will be initiated without affording a reasonable

opportunity to show cause to the Sponsoring Body.

(5) On receipt of the notice referred to in sub-section (1) or on a decision to wind up

under sub-section (2), the State Government shall, in consultation with the all India Council

for Technical Education, University Grants Commission and other concerned Regulatory

Bodies, make such arrangements for administration of the University from the proposed

date of dissolution or winding up of the University until the last batch of students in regular

courses of studies of the University complete their courses of studies in such manner as

may be prescribed.

Dissolution of

University.

Mode of proof of

University record.

53. (1) The expenditure for administration of the University during the taken over period of

its management under section 52 shall be met out of the Corpus Fund, the General Fund or

the Development Fund.

(2) If the fund referred to in sub-section (1) are not sufficient to meet the expenditure of

the University during the taken over period of its management, such expenditure may be

met by disposing of the properties or assets of the University, by the State Government.

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

Government may, by order make such provisions, not inconsistent with the provisions of this

Act, as appear to it to be necessary or expedient, for removing the difficulty:

Provided that no such order shall be made after the expiry of a period of two years

from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall, as soon as may be after it is made,

be laid before the State legislature.

Expenditure of the

University during

dissolution .

Removal of difficulties

STATEMENT OF OBJECTS AND REASONS

1. According to the approach to 11^th Five Year Plan Report, the extent of access to

Higher Education is limited. Only about 10% of the relevant age group go to

University. There is an overwhelming need to undertake major expansion to

increase access to Higher Education. The Central Government have enacted the

UGC (Establishment of and maintenance of standards in Private University)

Regulations, 2003. Accordingly, the State Government have proposed to allow

reputed sponsoring Bodies for setting up of multi-disciplinary University for imparting

higher professional and technical education.

2. The Vidya Bharati Educational Trust (VBET) registered under the India Trust Act,

1882, (2 to 1882) which runs Gandhi Institute of Engineering and Technology,

Gandhi Institute of Management Studies and Gandhi Institute of Biological Sciences

proposes to establish the GIET University in its own campus at Kharling, of Gunupur

Tahasil in the district of Rayagada. On establishment of the said University all the

assets and liabilities of VBET shall be transferred to the GIET University. The

objects of the University are –

a. to disseminate and advance knowledge by providing academic and research

facilities in such branches of learning which includes, Engineering and

Technology and Management and subject to the approval of the Government

in any other branches of learning or in any other field of knowledge and

education as it may deem fit;

b. to institute degrees, charters, certificates and other academic distinctions on

the basis of examination or any other method of evaluation;

c. to collaborate with other colleges, Universities, research institutions, industry

associations, professional bodies or any other organizations, in India or

abroad, to conceptualize, design and develop specific educational and

research programs, training programs and exchange programs for students,

faculty member and others;

d. to integrate the existing programmes and courses offered by the College into

the respective Schools;

3. The University shall be a Unitary and Self-financing University.

4. The University shall be open to all persons.

5. The establishment of GIET University will expand the scope for opening different

schools to deliver multi and inter-disciplinary courses by accelerating the present

sectoral focus of GIET in a backward and tribal sub-plan area in Gunupur of

Rayagada district. This University will open doors for sharing of experiences and

taking up of collaborative ventures for higher learning and research with other

Universities in the State, Country and Overseas.

The GIET University Odisha Bill, 2018 seeks to provide for the establishment of

the University in the State of Odisha for the above mentioned reasons and to

achieve mentioned objectives as well as matters connected therewith or incidental

there to by an Act of the State Legislature.

The Bill seeks to achieve the above objectives.

(USHA DEVI)

Member-in-Charge

A.K. SARANGI

Secretary

Odisha Legislative Assembly

_______

Printed and Published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10

OGP/SBP Ex. Gaz. -1160-173+12