THE GANDHI INSTITUTE OF ENGINEERING AND TECHNOLOGY

UNIVERSITY, ODISHA ACT, 2018

TABLE OF CONTENTS

PREAMBLE :

SECTIONS :

CHAPTER I

PRELIMINARY

1. Short title and commencement.

2. Definitions.

CHAPTER II

THE UNIVERSITY

3. Establishment and incorporation.

4. Effect of Establishment.

5. Fulfilment of norms and other Conditions.

6. Undertaking.

7. University not to be entitled to financial assistance.

8. Objects of the University.

9. Powers of the University.

10. University open to all Classes, Castes, Creed, Religion, Language and Gender.

11. National Accreditation.

CHAPTER III

THE VISITOR AND THE OFFICERS OF THE UNIVERSITY

12. Officers of the University.

13. The Visitor.

14. The President and his Powers.

15. The Vice-President and his Powers.

16. The Vice-Chancellor.

17. The Deans of Schools.

18. The Registrar.

19. The Finance Officer and the Controller of Examination.

20. Other Officers.

CHAPTER IV

AUTHORITIES OF THE UNIVERSITY

21. Authorities of the University.

22. The Board of Governors and its Powers.

23. The Board of Management.

24. The Academic Council.

25. The Board of Studies

26. The Finance Committee.

27. Other authorities.

28. Proceeding not invalidated on account of vacancy.

CHAPTER V

STATUTES AND RULES

29. Statutes.

30. Procedure for making Statutes.

31. Power to amend Statutes.

32. Rules.

33. Procedure for making Rules.

34. Power to amend Rules.

35. Admission.

36. Fee structure.

CHAPTER VI

MISCELLANEOUS

37. Conditions of service of Employees.

38. Right to Appeal.

39. Provident fund and pension.

40. Disputes as to Constitution of University authorities and bodies.

41. Constitution of Committees.

42. Filling of casual vacancies.

43. Protection of action taken in good faith.

44. Transitional Provisions.

45. Corpus fund.

46. General Fund.

47. Development Fund.

48. Maintenance of Fund.

49. Annual Report.

50. Account and Audit.

51. Mode of proof of University records.

52. Dissolution of University.

53. Expenditure of the University during dissolution.

54. Removal of difficulties.

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 2025, CUTTACK, SATURDAY, NOVEMBER 3, 2018/ KARTIKA 12, 1940

LAW DEPARTMENT

NOTIFICATION

The 3rd November, 2018

No.12089–I-Legis-20/2018/L.—The following Act of the Odisha Legislative

Assembly having been assented to by the Governor on the 28th October, 2018 is hereby

published for general information.

ODISHA ACT 23 OF 2018

THE GANDHI INSTITUTE OF ENGINEERING AND TECHNOLOGY

UNIVERSITY, ODISHA ACT, 2018

AN ACT 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.

Short title , and

commencement

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

(a)

“Academic Council” means the Academic Council of the University

constituted under section 24;

(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;

Definitions.

52 of 1987.

Odisha Act

9 of 2002 .

(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;

(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;

2 of 1882

3 of 1956.

(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

Establishment

and

incorporation.

Effect of

establishment.

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;

duties, debts and 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 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;

date was 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

Odisha Act 9 of 2002.

Odisha Act 5 of 1989.

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;

University;

(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;

Undertaking .

Fulfilment of

norms and other

conditions.

(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;

(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

University not

to be entitled to

financial

assistance.

Objects of

the

University.

Odisha Act 4

of 2007.

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;

industry 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;

(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

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

in furtherance of the object of the University;

and 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;

Powers of

the

University.

(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;

(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

University open to

all classes,

castes, creed,

religion, language

and gender.

National

Accreditation.

Act 3 of 1956.

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

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.

Officers of the

University.

The Visitor.

(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 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.

The President

and his powers.

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

The Vice-

Chancellor.

The Vice-

President and

his powers.

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

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.

The Deans of

Schools.

(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.

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

Authorities of

the University.

The Board of

Governors and

its powers.

(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;

the 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 the 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.

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;

Sponsoring Body;

(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

Governors.

(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

The Board of

Management.

The Academic

Council .

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 Finance

Committee.

Other authorities.

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 of 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 Registrar and 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;

Statutes .

(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;

distinctions of the 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;

Procedure for

making Statutes.

Power to

amend

the Statutes.

Rules .

(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

Procedure

for making

Rules.

Power to

amend Rules.

Admission.

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).

(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.

Conditions of

service of

employees.

Right to appeal .

Fee Structure.

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

committees.

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;

exceeding three 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.

General Fund.

Corpus

fund. .

(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;

and 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;

(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;

person or 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

Annual

Report .

Maintenance

of fund.

Development

fund.

before 31st December following closure of the financial year on the 31st

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.

(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 31st

December following closure of the financial year on the 31st 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 31st 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.

Dissolution

of University.

Mode of proof

of University

record.

Account and

audit .

(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.

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.

Expenditure of

the University

during

dissolution .

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.

By order of the Governor

SASHIKANTA MISHRA

Principal Secretary to Government

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

Ex. Gaz. 1502-173+200

Removal of

difficulties .