THE ASBM UNIVERSITY, ODISHA ACT 2019

TABLE OF CONTENTS

PREAMBLE :

SECTIONS :

CHAPTER 1

PRELIMINARY

1. Short title, extent and commencement.

2. Definations.

CHAPTER 2

THE UNIVERSITY

3. Establishment and incorporation.

4. Objects of the University.

5. Powers of the University.

6. University open to all classes, castes,

Creed, religion, language and gender.

7. National Accreditation.

CHAPTER 3

AUTHORITIES AND OFFICERS OF THE UNIVERSITY

8. Authorities of the University.

9. The Board of Governors and its powers.

10. Academic Council.

11. The Finance Committee.

12. Other Authorities

13. Proceedings not invalidated on account of vacancy.

14. Officers of the University.

15. The President and his powers.

16. The Vice Chancellor.

17. The Pro- Vice Chancellor.

18. The Registrar.

19. Deans of Schools.

20. The Finance Officer.

21. The Controller of Examinations.

22. Other Officers.

CHAPTER 4

RULES AND REGULATION

23. Rules.

24. Procedure of making Rules.

25. Powers to amend Rules.

26. Regulations.

27. Power for making Regulations.

28. Power to amend the Regulations.

29. Admission.

30. Fee Structure.

CHAPTER 5

MISCELLANEOUS

31. Conditions of Service of employees.

32. Right to appeal.

33. Provident Fund and Pension.

34. Disputes as to Constitution of University,

Authorities and bodies.

35. Constitution of Committees.

36. Filling of Casual Vacancies.

37. Protection of action taken in good faith.

38. Endowment Fund.

39. General Fund.

40. Maintenance of Fund.

41. Annual Report.

42. Account

43. Audit.

44. Mode of proof of University record.

45. Delegation of power.

46. Dissolution of University.

47. Expenditure for the administration of

the University during dissolution.

48. Power to issue directions.

49. Financial liability of the Government.

50. Removal of Difficulties.

THE ASBM UNIVERSITY, ODISHA ACT, 2019

ACT

TO PROVIDE FOR ESTABLISHMENT AND INCORPORATION OF A PRIVATE

UNITARY UNIVERSITY IN THE STATE IN THE NAME OF ASBM UNIVERSITY,

ODISHA AND FOR MATTERS CONNECTED THEREWITH AND INCIDENTAL

THERETO.

BE it enacted by the Legislature of the State of Odisha in the

Seventieth Year of the Republic of India as follows, namely: -

CHAPTER 1

PRELIMINARY

Short title and

commencement.

Definitions.

1. (1) This Act may be called the ASBM University, Odisha Act, 2019.

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

may, by notification, appoint.

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

(a)

“Academic Council” means the Academic Council of the

University constituted under section 10;

(b)

“Annual Report” means the Annual Report of the

University as explained in section 41;

(c)

“Board” means the Board of Governors of the University

constituted under section 9;

(d)

“Dean” means Deans of Schools as provided in section

19;

ODISHA ACT 4 OF 2019

No.9431–I-Legis-12/2019/L.— The following Act of the Odisha Legislative Assembly

having been assented to by the Governor on the 7th September, 2019 is hereby publish

for general information.

LAW DEPARTMENT

NOTIFICATION

The 12th September, 2019

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 1749 , CUTTACK, THURSDAY, SEPTEMBER 12 , 2019 / BHADRA 21 , 1941

(f)

“Endowment Fund” means Endowment Fund of the

University as explained in section 38;

(g)

“Faculty” mean faculty members of the University;

(h)

“Finance Officer” means Finance Officer of

the

University as explained in section 20;

(i)

“General Fund” means General Fund of the University as

explained in section 39;

(j)

“Off-Campus Centre” means a centre of the University,

established by it outside the main campus (within or

outside the State) operated and maintained as its

constituent unit, having the University’s compliment of

facilities, faculty and staff as per Regulation 2.2 of UGC

(Establishment of and Maintenance of Standards in

Private Universities) Regulations, 2003;

(k)

“prescribed” means prescribed by the Regulations;

(l)

“President” means President of the University as

explained in section 15;

(m) “Registrar” means Registrar of the University as

explained in section 18;

(n)

“Regulations” means Regulations of the University made

under section 26;

(o)

“Regulatory Body” means a body established by or

under a Central Act or State Act for laying down norms

and conditions for ensuring standard of higher education

such as University Grants Commission, and other such

body or bodies established by the Central or the State

Government for the purpose;

(p)

“Rules” mean the Rules of the University made under

section 23;

(q)

“School” means the constituent unit of the University as

provided in clause (ix) of section 4;

(r)

“Sponsoring Body” means the ASBM Trust;

(e) “Employee” means employee appointed by the University

and includes teachers and other staff of the University;

(s)

“State” means the State of Odisha;

(t)

“State Government” means the Government of Odisha;

Establishment

and

Incorporation.

(u)

“Trust” means the ASBM Trust, registered under the

Indian Trust Act, 1882;

(v)

“UGC” means the University Grants Commission

established under the University Grants Commission

Act, 1956;

(w) “University” means the ASBM University, Odisha,

established and incorporated as a University under this

Act; and

(x)

“Vice-Chancellor”

means

Vice-Chancellor

the

University as explained in section 16.

CHAPTER 2

THE UNIVERSITY

3. (1) Subject to the provisions of this Act, the State Government may,

by notification, establish a unitary, self financing University by

the name of the ASBM University, Odisha after the Endowment

Fund is set up by the Sponsoring Body in accordance with the

provisions of section 38.

(2) The Sponsoring Body shall, —

(i) assign the existing campus of Asian School of Business

Management situated in the land measuring five acres at

Mouza Andharua, PS – Chandaka, Tahasil – Bhubaneswar

in the district of Khurdha along with built-up area of

approximately

28,547

sq.

mtrs.,

which

includes

administrative building and academic building, hostels,

guest house, auditorium, library, computer lab etc., and

shall provide minimum fifteen acres of land in Mouza

Ratagarh Lenkasahi, PS – Baranga, Tahasil – Baranga in the

2 of 1882.

3 of 1956.

district of Cuttack, which shall be the campus of the

University;

(ii) assign

books,

journals,

equipments,

computers,

furniture, other movable and immovable assets and

infrastructure facilities other than buildings referred to in

clause (i) located in the existing campus of Asian School of

Business Management referred to in clause (i); and

(iii) establish an Endowment Fund of rupees five crores as

explained in section 38.

(3) The Sponsoring Body, after fulfilment of the requirements and

conditions specified in sub-section (2), shall make a report of

compliance to the State Government.

(4) The State Government, if satisfied after considering the

compliance report submitted by the Sponsoring Body under

sub-section (3), that the provision of sub-section (2) has been

complied, may issue notification under sub-section (1) to

establish the University with the description of location,

jurisdiction and such other conditions as may be specified in

this behalf.

(5) On and from the date of issue of such notification, it shall be

deemed to have been established and incorporated as a

University by the name of ASBM University, Odisha.

(6) The notification issued under sub-section (1) shall be laid

before the State Legislature for a period of fourteen days

comprising one session or more than one session thereof.

(7) The University shall be a body corporate having perpetual

succession and common seal with powers, subject to the

provisions of this Act, to acquire, own and dispose of property,

and to contract and to do all things necessary for the purposes

of this Act and shall sue and be sued by the same name.

(8) In all the suits and other legal proceedings by or against such

University, the pleadings shall be signed and verified by the

Registrar and all processes in such suits and proceedings shall

be issued to and be served on the Registrar.

(9) The University shall be located at Mouza Andharua, PS

Chandaka, Tahasil Bhubaneswar in the district of Khurdha

and in the Mouza Ratagarh, Lenkasahi P.S and Tahasil –

Baranga, District - Cuttack.

Objects of the

University.

4. The objectives for which the University is established are as

follows: —

(i)

to disseminate and advance knowledge by providing academic

and research facilities in such branches of learning which

include Management, Law, Education, Skill Education and

Training and in other fields as it may deem fit;

(ii)

to institute Degrees, Diplomas, Charters, Certificates and other

academic distinctions on the basis of examination or any other

methods of evaluation;

(iii)

to collaborate with other colleges, universities, research

institutions, industry associations, professional bodies or any

other organisation, in India or abroad;

(iv)

to conceptualize, design and develop specific educational and

research programmes, training programmes and exchange

programmes for students, faculty members and others;

(v)

to impart futuristic and holistic education at par with

international standards to prepare the youth to face the global

competition and to participate in shaping India to become a

world leader;

(vi)

to inculcate the values and philosophy of Indian ethos and

learning heritage by developing and putting into practice

highly qualitative and meaningful principles and systems

integrating tradition and modernity in consonance with Indian

culture;

(vii)

to augment available global knowledge passed down the ages

using oral and written learning route by researching, codifying

and preserving such knowledge for benefit of the future

generations;

(viii)

to benchmark with the quality standards of the world-class

universities and institutions of higher learning for shaping the

career and character of the youth, thereby making them

matured professionals with holistic personality development

balancing academic , physical, social, psychological, moral and

spiritual facets of life;

(ix)

to establish the following schools as constituent units of the

University, namely :-

(a)

School of Business;

(b)

School of Accountancy;

(c)

School of Information System;

(d)

School of Economics;

(e)

School of Social Sciences;

(f)

School of Education;

(g)

School of Law;

(h)

School of Communication;

(i)

School of Skill Development; and

(j)

Subject to approval of the State Government any

other schools as may be deemed fit:

Provided that the existing programme or courses offered

by the Sponsoring Body shall be integrated into the respective

schools;

(x)

to disseminate knowledge through seminars, conferences,

conventions, congress, executive education programmes,

community development programmes, online education

programmes, publications, and training programmes;

(xi)

to undertake programmes for the training and development of

faculty members of the University and other institutions in

India and abroad;

(xii)

to undertake collaborative research with any organisation in

India and abroad;

(xiii)

to create higher levels of intellectual abilities;

(xiv)

to provide consultancy to industry, government, public and

private Organisations;

(xv)

to ensure that the standard of Degrees, Diplomas, Charters,

Certificates and other academic distinctions are not lower than

those laid down by the University Grants Commission and

other Regulatory Bodies, as the case may be;

(xvi)

to do all things necessary or expedient to promote the above

objectives; and

Powers of the

University.

(xvii)

to pursue any other objectives as may be approved by the State

Government.

5. Subject to other provisions of this Act, the Regulations or Rules made

there under or any other relevant laws for the time being in force and

directions as may be issued, from time to time, by the Central

Government, State Government or the Regulatory Body, the

University shall have the following powers, namely:—

(i) to establish Off-Campus Centres, as are, in the opinion

of the University, necessary for furtherance of its

objectives in conformity with the provisions of the

University Grants Commission (Establishment of and

Maintenance of Standards in Private Universities)

Regulations, 2003;

(ii) to establish and develop Schools as envisaged in clause

(ix) of section 4;

(iii) to carry out all such other activities as may be

necessary and feasible in furtherance of the objectives

of the University;

(iv) to confer Degrees, Diplomas, Charters, Certificates or

other

academic

distinctions

and

professional

designations as envisaged under section 4 in the

manner and under conditions laid down in the

Regulations;

(v) to confer Honorary Degrees or other Distinctions in the

manner as may be prescribed in the Regulations;

(vi) to withdraw or cancel Degrees, Diplomas, Charters,

Certificates or other academic distinctions or titles in

the manner as may be prescribed in the Regulations;

(vii) to institute and award fellowships, scholarships, prizes

etc., in accordance with the Regulations;

(viii) to demand and receive such fees, bills, invoices and

collect charges as may be fixed by the Rules or

Regulations, as the case may be;

(ix) to make provisions for extracurricular activities for

students and employees;

(x) to appoint faculty members, officers and employees of

the University and Off-Campus Centres;

(xi) to receive donations and gifts of any kind and to

acquire, hold, manage, maintain and dispose off any

movable or immovable property, including trust and

endowment properties for the purpose of the

University or an Off-Campus centre;

(xii) to institute and maintain halls and/or hostels and to

recognise places of residence for students of the

University or Off-Campus Centres;

(xiii) to supervise and control residence, and to regulate

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;

(xiv) to create academic, administrative and support staff

and other necessary posts;

(xv) to co-operate and collaborate with other domestic and

overseas Universities and Institutions in such manner

and for such purposes as the University may determine

from time to time;

(xvi) to organise and conduct refresher courses, orientation

courses, workshops, seminars, online programmes and

other programmes for teachers, developers of course

ware, evaluators and other academic staff;

(xvii) to determine standards of admission to the University

and Off-Campus Centres with the approval of the

Academic Council;

(xviii) to make special provision for students belonging to the

State of Odisha for admission in any course of the

University or Off-Campus Centres;

(xix) to do all such other acts or things, which are incidental

to the powers aforesaid, as may be necessary to further

the objectives of the University;

(xx) to prescribe such courses for Bachelor Degree, Master

Degree, Master of Philosophy Degree, Doctoral and

Post Doctoral Degrees and Research and such other

Degrees, Diplomas, Charters, Certificates etc.;

(xxi) to provide for preparation of instructional materials,

including films, cassettes, tapes, video cassettes, CDs,

VCDs, DVDs and such other software;

(xxii) to recognise examinations or periods of study (whether

in full or in part) of other Universities, institutions or

other places of higher learning as equivalent to

examinations or periods of study in the University and

to withdraw such recognition at any time;

(xxiii) to raise, collect, subscribe and borrow with the

approval of the Board, whether or not on the security of

the property of the University and, to raise money for

the purposes of the University;

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

(xxv) to

receive

grants

from

government

and

non-

government sources for conducting research, studies,

online programmes, training programmes, seminars,

conferences, conventions, consulting etc.; and

(xxvi) to do all things necessary or expedient to exercise the

above powers.

University open to

all classes, castes,

creed, religion,

language and

gender.

6. (1) The University shall be open to all persons irrespective of

class, caste, creed, religion, language, domicile and gender.

(2) For the purpose of admission of students, the University shall

provide reservation of fifty-per centum of seats for the students of

Odisha subject to satisfying the minimum quality standards for

admission test and interview:

Provided that any seat remaining vacant due to non-

availability of required percentage of students of Odisha may be

filled by other students with prior permission of the State

Government:

Provided further that the reservation policy for Scheduled

Tribe, Scheduled Caste, Socially and Educationally Backward

Classes, Persons with Disability and Women issued by the State

Government from time to time shall be applicable.

National

Accreditation

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 thereunder, from time to time,

relating to private Universities.

3 of 1956.

CHAPTER 3

AUTHORITIES AND OFFICERS OF THE UNIVERSITY

Authorities of

the University

The Board of

Governors and

its powers.

8. The following shall be the authorities of the University, namely: —

(a) The Board of Governors;

(b) The Academic Council;

(d) such other authorities as may be declared by the Regulations

to be the authorities of the University.

9. (1) The Board of Governors of the University shall consist of the

following members, namely: —

(a) The President;

(b) The Vice-Chancellor;

Dept. or any other officer not below the rank of Joint

Secretary nominated by the Secretary , who shall be the ex-

officio member;

(d) Two representatives of the Sponsoring Body, to be

nominated by the Chairman of the Trust;

(e) Two academicians, to be nominated by the Chairman of

the Trust;

(f) Two industry experts, to be nominated by the President;

(g) Two experts in the field of Finance, Law, Management,

Education or Civil Service, to be nominated by the

President;

(h) One Dean from any discipline of the University, to be

nominated by the President; and

(i) The Registrar of the University, who shall be the Member-

Secretary of the Board.

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

(3) The Board shall be the principal executive and 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 the other authorities of the

University;

amend or repeal the earlier Rules and Regulation with the

approval of the State Government;

(d) to consider and approve the budget, the annual accounts

and the annual report of the University;

(e) to raise, collect, subscribe and borrow, whether or not on

the security of the property of the University and, to raise

money for the purposes of the University;

(f) to create or abolish posts of teachers and other employees

of the University and fix their remunerations;

(g) to invest monies and funds of the University and take

decision

the

recommendations

the

Finance

committee;

(h) to appoint the Auditors of the University;

(i) to approve proposals for submission to the State

Government;

(j) to take such decisions and steps as are found desirable for

effectively carrying out the objectives of the University;

and

(k) to take decision about voluntary winding up of the

University with the approval of the State Government.

(4) The Board shall, with necessary documents, apprise the

Sponsoring Body all resolutions and decisions it approves

from time to time;

(5) The Board shall meet at least twice in a calendar year at such

time and at such place as the President thinks fit.

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

nominated members of the Board shall be three years from the

date of such nomination.

Academic

Council

The Finance

Committee.

10. (1) The Academic Council shall consist of, —

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

officio Chairman of the Academic Council;

(b) Two Deans from any discipline of the University, by rotation,

to be nominated by the Vice Chancellor;

(d) One Professor from any discipline of the University, by

rotation, to be nominated by the Vice Chancellor;

(e) Two external academicians or professionals, to be nominated

by the President; and

(f) The Registrar of the University who shall be the ex-officio

Member-Secretary of the Academic Council.

(2) The Academic Council shall be the principal academic body of

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

the Rules and the Regulations, co-ordinate and exercise

general supervision over the academic policies of the

University and shall exercise such powers and perform such

functions as may be prescribed.

(3) The terms of office of the members other than the ex-officio

members shall be three years.

11. (1) The Finance Committee shall consist of —

(a) the Vice-Chancellor of the University who shall be the ex-

officio Chairman of the Finance Committee;

(b) one member of the Board to be nominated by the President;

the Chairman of the Trust;

(d) one Dean of the University, by rotation, to be nominated by

the Vice Chancellor;

(e) one expert in the field of Finance, to be nominated by the

President;

(f) the Finance Officer; and

(g) the Registrar of the University who shall be the ex-officio

Member-Secretary of the Finance Committee.

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

the University to take care of financial matters and shall,

subject to the provisions of this Act, Rules and Regulations, co-

ordinate and exercise general supervision over the financial

matters of the University and shall exercise such powers and

perform such functions as may be prescribed.

(3) The terms of office of the members other than the ex-officio

members shall be three years

Other

authorities.

Proceedings

not invalidated

on account of

vacancy.

Officers of

the

University.

12. The constitution, powers and functions of other authorities of the

University shall be such, as may be prescribed.

13. 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.

14. The following shall be the officers of the University, namely:—

(a) The President;

(b) The Vice-Chancellor;

(d) The Registrar;

(e) The Deans of Schools;

(f) The Controller of Examinations;

(g) The Finance Officer; and

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

officers of the University.

The President

and his powers.

15. (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 any other person to act as the President of the

University, for such period and for such function and

responsibilities as he may specify, who may be called as the

Designated President.

(3) The President shall be the head of the University.

(4) The President shall preside over the convocation of the

University for conferring Degrees, Diplomas, Charters,

Designations, Certificates etc.

(5) The President, or the Designated President referred to in sub-

section (2) above, shall preside over the meeting of the Board

of Governors.

(6) The President shall have the following powers, namely: —

(a) to call for any information or record;

(b) to

appoint

the

Vice-Chancellor

and

the

Pro-Vice-

Chancellor;

remove

the

Vice-Chancellor

and

the

Pro-Vice-

Chancellor; and

(d) such other powers as may be conferred on him by this Act,

the Rules and the Regulations.

(7) The Designated President shall perform all duties and exercise

all powers, specifically delegated to him in writing by the

President in his absence.

The Vice-

Chancellor.

16. (1) The Vice-Chancellor shall be appointed by the President from a

panel of three persons recommended by the Board of

Governors and shall hold office for a term of three years. 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

and he shall report to the President.

(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, whose

decision thereon 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 President and the President 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, and Rules or Regulations or is likely to be prejudicial

to the interest of the University, he shall advise the concerned

authority to revise its decision within seven days from the date

of his advice 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

and his decision thereon shall be final.

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

perform such other duties as may be laid down by the

Regulations and the Rules.

(6) The Vice-Chancellor shall preside over the convocation of the

University, in the absence of the President, for conferring

Degrees, Diplomas, Charters, Designations, Certificates etc.

(7) The President is empowered to remove the Vice-Chancellor

after due enquiry and it will be open to the President to

suspend the Vice-Chancellor during enquiry depending upon

the seriousness of the charges, as he may deem fit.

The Pro-Vice-

Chancellor

The

Registrar.

17.

The Pro-Vice-Chancellor shall be appointed by the President in

such manner, on such terms and conditions of service, and

shall exercise such powers and perform such functions as may

be prescribed.

18. (1) The appointment of the Registrar shall be made by the

President 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 duties as may be prescribed or may be required

from time to time by the Board of Governors or the President.

(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-Chancellor or

any other authority, all such information and documents as

may be necessary for transaction of their business.

Rules

Deans of

Schools.

The Finance

Officer.

The Controller

Examinations.

Other

officers.

19. The Deans of Schools shall be appointed by the Vice-Chancellor

with the approval of the Chairman of the Board in such manner

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

prescribed.

20. The Finance Officer shall be appointed by the President in such

manner and shall exercise such powers and perform such duties as

may be prescribed.

21. The Controller of Examinations shall be appointed by the Vice-

Chancellor in such manner and shall exercise such powers and

perform such duties as may be prescribed.

22. The manner of appointment, terms and conditions of service and

powers and duties of other officers of the University shall be such,

as may be prescribed.

CHAPTER 4

RULES AND REGULATION

23. Subject to the provisions of this Act, the Rules may provide for all

or any of the following matters, namely: —

(a) 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, Diplomas,

Certificates, Charters and other academic distinctions of the

University;

academic distinctions of the University;

(d) accounting policy and financial procedure;

(e) the conditions for 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 admission to the examinations,

Degrees,

Diplomas,

Certificates

and

other

academic

distinctions of the University, including the revision thereof;

(h) the fees to be charged for all other activities of the University

including the revision thereof;

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

programmes;

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

(k) maintenance of discipline among the students of the

University; and

(l) all other matters not specifically provided for in the

Regulations and Rules under the Act.

Procedure of

making Rules.

Power to

amend Rules.

24. (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 six months from the date of

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

under sub-section (1), it shall be deemed to have been

approved by the State Government.

25. The Board of Governors may, with the approval of the State

Government, make new or additional Rules or amend or repeal

any Rule.

Regulations.

26. Subject to the provisions of this Act and Rules , the Regulations

may provide for all or any matter relating to the University, as

given below: —

(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 Endowment Fund, the General Fund and

the Development Fund;

Chancellor, the Pro-Vice-Chancellor, 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) the creation, abolition or restructuring of departments and

faculties;

(g) the manner of co-operation and collaborations with other

Universities,

Institutions

higher

learning,

research

institutions,

professional

bodies,

industry

associations,

industry houses etc. in India or abroad;

(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;

(l) the institution of fellowships, scholarships, studentships,

freeships, medals and prizes;

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

(n) the management of the properties of the University; and

(o) any other matters which may be prescribed.

Procedure for

making

Regulations.

Power to

amend the

Regulations.

Admission.

27. (1) The first Regulations shall be made by the Board, and shall be

submitted to the State Government for its approval, which

may, within six months from the date of receipt of the

Regulations give its approval with or without modifications.

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

respect to the approval of the Regulations within the period

specified under sub-section (1), it shall be deemed to have been

approved by the State Government.

28. The Board may make new or additional Regulations or amend or

repeal any Regulation under intimation to the State Government.

29. (1) The admission procedure shall be in accordance with the

norms and guidelines prescribed by the UGC or other

Regulatory Bodies, as the case may be, depending on the

course in which the students seek admission.

(2) In the absence of the guidelines as 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 grades obtained in the qualifying

examination and achievements in co-curricular and extra-

curricular activities, and on the basis of marks or grades

obtained in the entrance test conducted by an association of

the Universities conducting similar courses or by any state or

national level agency or by any agency of the State or Central

Government.

(4) The admission shall be subject to the provision contained in

sub-section (2) of section 6.

Fee

structure.

Conditions of

service of

employees.

Right to

appeal.

30. (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 whatever name

called, other than that for which it is entitled under the

provisions of sub-section (1).

(3)

The University shall implement a scheme framed by the State

Government for providing concession in fees payable to the

University by the students belonging to the Scheduled Caste or

the Scheduled Tribe Communities, Socially and Educationally

Backward classes not belonging to creamy layers and

economically weaker sections and come from the State of

Odisha.

CHAPTER 5

MISCELLANEOUS

31. (1) 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 procedure as may be prescribed.

32. Every

employee

student

the

University

shall,

notwithstanding anything contained in this Act, have a right to

appeal within such time as may be prescribed, to the Vice

Chancellor against the decision of any officer or authority below

him and to the President against the decision of the Vice-

Chancellor, and thereupon the President or the Vice-Chancellor, as

the case may be, may confirm, modify or change the decision

appealed against.

Provident fund

and pension.

Disputes as to

constitution of

University

authorities and

bodies.

Constitution of

committees.

Filling of

casual

vacancies.

Protection of

action taken in

good faith.

Endowment

Fund.

33. The University shall constitute, for the benefit of its employees,

such provident or pension fund and may provide such insurance

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

conditions as may be prescribed.

34. 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 whose decision thereon shall be final.

35. Any authority of the University mentioned in section 8 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.

36. 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, 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 whose place he fills would have been a member.

37. (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 Rules or the Regulations.

(2) Nothing in sub-section (1) shall be a bar for filing suits,

prosecutions or other legal proceedings for anything done in the

provisions of this Act and the Rules or Regulations made there

under and any other law for the time being in force.

38. (1) The Sponsoring Body shall establish an Endowment Fund of

Rupees five crores to be created in maximum four equal

instalments within a span of four years from the date of

publication of this Act in the Odisha Gazette.

(2) The amount of Endowment Fund shall be invested and kept

invested until the dissolution of the University in public sector

banks or in long term securities issued or guaranteed by the

Government.

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

Fund to the Endowment Fund.

(4) Except in case of dissolution of the University, in no

circumstances can any money be transferred from the

Endowment Fund for other purposes.

(5) Out of the incomes received from the Endowment Fund, an

amount not exceeding 75% shall be transferred to the general

fund of the University and the remaining shall be reinvested in

the Endowment Fund.

General Fund.

39. (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; and

(e) all incomes received from the Endowment Fund subject to

the provisions of the sub-section (5) of section 38.

(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 purposes of this Act and

the Regulations, and the Rules made thereunder;

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

(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 to any such

officers and employees, members of the teaching and

research staff;

(f) the payment of travelling and other allowances/expenses

of the members of the Board of Governors, Academic

Council, and other authorities so declared under the

Regulations of the University and of the members of any

Committee appointed by any of the authorities of the

University in pursuance of any provision of this Act, or the

Regulations, 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

Rules or Regulations of the University;

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

carrying out the provisions of this Act, and the Rules or the

Regulations;

(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 expenditures relating to the

consultancy work undertaken by the University in

pursuance of the provisions of this Act, the Rules, and the

Regulations;

(k) the payment of any other expenses including management

fee payable to any organisation charged with the

responsibility of managing the University on behalf of the

Sponsoring Body :

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 without the previous

approval of the Board :

Provided further that, the General Fund shall be

applied for the objectives specified under sub-section (2).

(l) Expenditure is to be made towards other development of

the University.

Maintenance

of fund.

Annual Report.

Account.

40. The funds established under sections 38 and 39 shall, subject to

general supervision and control of the Board of Governors, be

regulated and maintained in such manner, as may be prescribed.

41. (1) The Annual Report of the University shall be prepared and

submitted to the Board for its approval.

(2) The Board 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 shall

be sent to the State Government on or before the 31st

December following closure of the financial year on the 31st

March each year.

42.

The annual accounts and Balance Sheet of the University shall

be prepared under the direction of the Finance Committee 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.

Audit

Mode of proof

of University

record.

Delegation of

Power.

Dissolution of

University.

43. (1) The annual accounts of the University shall be audited every

year by chartered accountant, who is member of the Institute

of Chartered Accountants of India.

(2) The annual accounts, the Balance Sheet and the audit report

shall be placed before the Board at its meeting for

consideration and approval, and the Board shall forward the

same to the State Government.

44. 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

Registrar, shall be received as prima facie evidence of such receipt,

application, notice, order, proceeding, resolution or document or

the existence of entry in the register and shall be admitted as

evidence of the matters and transaction therein recorded where

the original thereof would, if produced, have been admissible in

evidence.

45. (1) Subject to the provisions of the Act and the Rules and

Regulations made there under, any officer or authority of the

University, except the Board, may, by order, delegate his or its

powers, except the power to make Rules or Regulations, to any

other officer or authority under his or its control subject to the

condition that the ultimate responsibility for the exercise of the

power so delegated shall continue to vest in the officer or

authority delegating them.

(2) Approval of the Board shall be obtained before delegation of

such powers.

46. (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 three months’ notice in

writing to the State Government along with reasons for such

dissolution in detail.

(2) On dissolution of the University, all the assets and liabilities of

the University shall vest in the Sponsoring Body, except the

land, if any, leased out by the Government which shall be

resumed by the Government.

(3) 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

dissolution of the University, shall vest in the State

Government.

(4) The manner of dissolution of the University would be such as

may be prescribed by the State Government in this behalf.

(5) If the State Government considers it necessary to suspend the

Board, it shall, by notification published in the Official Gazette,

order suspension of the Board 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.

(6) On receipt of the notice referred to in sub-section (1) or on a

decision

to dissolve under sub-section (3), the State

Government shall, in consultation with the All India Council

for Technical Education, University Grants Commission and

other concerned Regulatory Bodies of Central or State

Government, make such arrangements for administration of

the University from the proposed date of dissolution 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.

Expenditure

for

the administration

of the University

during dissolution

Power to issue

directions.

Financial

liability of the

Government.

Removal of

Difficulties.

47. (1) The expenditure for the administration of the University during

the taken over period of its management under section 46 shall

be met out of the Endowment Fund and the General Fund.

(2) If the funds 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 off the properties or assets of the University by the

State Government.

48. The Government shall have powers to issue directions, from time

to time, as may be required to be followed by the University under

the provisions of this Act and the Rules or Regulation made there

under and under any other law for the time being in force.

49. The Government shall not bear any financial liability for

establishment of the University or for any action of the University

or its officers or functionaries.

50. (1) If any difficulty arises in giving effect to the provisions of this

Act, the State Government may, by a notification or order

published in the Odisha Gazette, make such provisions, not

inconsistent with the provisions of this Act, as appear 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 Legislative

Assembly.

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. 1080-173+280

________