THE C. V. RAMAN GLOBAL UNIVERSITY, ODISHA ACT 2019
TABLE OF CONTENTS
PREAMBLE :
SECTIONS :
CHAPTER - I
PRELIMINARY
1. Short title and commencement.
2. Definations.
CHAPTER - II
THE UNIVERSITY
3. Establishment and Incorporation.
4. Effect of the Establishment.
5. Fulfillment of norms and other Condition.
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 VISITORS AND OFFICERS OF THE UNIVERSITY
12. The Visitor.
13. Officers of the University.
14. The President and his powers.
15. The Vice- President and his Powers.
16. The Vice Chancellor.
17. The Deans of Faculties.
18. The Registrar.
19. The Finance Officer and the Controller of Examinations.
20. Other Officers.
CHAPTER - IV
AUTHORITIES OF THE UNIVERSITY
21. Authorities of the University.
2
22. The Board of Governors and its powers.
23. The Managing Committee.
24. The Academic Council.
25. The Finance Committee.
26. Other authorities.
27. Proceeding not invalidated on account of vacancy.
CHAPTER - V
STATUTES AND RULES
28. Statues.
29. Procedure for making statutes.
30. Power to amend the statues.
31. Rules.
32. Procedure for making Rules.
33. Power to amend rules.
34. Admission.
35. Fee Structure.
CHAPTER - VI
MISCELLANEOUS
36. Conditions of Service of Employees.
37. Right to appeal.
38. Provident fund and pension.
39. Disputes as to constitution of University, authorities and bodies.
40. Constitution of Committees.
41. Filling of Casual Vacancies.
42. Protection of action taken in good faith.
43. Transitional provisions.
44. Corpus fund.
45. General fund.
46. Development fund.
47. Maintenance of fund.
48. Annual Report.
49. Account and audit.
50. Mode of proof of University record.
51. Disolution of University.
52. Expenditure of the University during disolution.
53. Removal of difficulties.
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No.158, CUTTACK, TUESDAY, JANUARY 28, 2020 / MAGHA 8, 1941
LAW DEPARTMENT
NOTIFICATION
The 28th January, 2020
No.1294–I-Legis-27/2019/L.—The following Act of the Odisha Legislative
Assembly having been assented to by the Governor on the 14th day of January, 2020 is
hereby published for general information
ODISHA ACT 1 OF 2020
THE C.V. RAMAN GLOBAL UNIVERSITY,
ODISHA BILL, 2019
AN
ACT
FOR CONVERTING THE C.V RAMAN COLLEGE OF ENGINEERING, KHURDA INTO
A SELF-FINANCED PRIVATE UNITARY UNIVERSITY IN THE STATE FOR
CONDUCTING RESEARCH AND 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
Seventieth Year of the Republic of India as follows:-
CHAPTER – 1
PRELIMINARY
1.(1) This Act may be called the C.V. Raman Global University,
Odisha Act, 2019.
(2) It shall come into force on such date as the State Government
may, by notification, appoint.
Short title and
commencement.
4
52 of 1987.
Odisha Act 9
of 2002.
21 of 1860.
2. 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 48;
(d) “Appointed Date” means the date appointed under sub-
section (1) of section 3;
(e)“Board of Governors”, “The Board” or “BOG” means the
Board of Governors of the University constituted under
section 22;
(f)“BPUT” means the Biju Pattnaik University of Technology
established under the Biju Pattanaik University of
Technology Act, 2002;
(g)“College” means C.V. Raman College of Engineering,
Bhubaneswar set up by Raman Education Society registered
under the Societies Registration Act 1860;
(h)“Corpus Fund” means Corpus Fund of the University
referred to in section 44;
(i)“Dean” means Deans of Faculties referred to in section 17;
(j)“Development Fund” means the Development Fund of the
University referred to in section 46;
(k)“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 program or a
combination of any two or more of such means;
(l)“Employee” means employee appointed by the University and
includes teachers and other staff of the University;
Definitions.
5
(m)“Faculty” means collective body an academic unit of the
University consisting of one or more Departments of similar
nature;
(n)“Finance Officer” means Finance Officer of the University
appointed under section 19;
(o)“General Fund” means General Fund of the University
referred to in section 45;
(p)“Managing Committee” means the Managing Committee of
the University constituted under section 23;
(q)“Off-campus Centre” means a centre of the University,
established by it outside the main campus, in India and
abroad 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)
Regulation, 2003;
(r)“Prescribed” means prescribed by the Statutes of the
University;
(s)“President” means the President of the University as explained
in section 14;
(t)“Registrar” means the Registrar of the University appointed
under section 18;
(u)“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 Assessment and Accreditation
Council, National Board of Accreditation, Distance Education
Council
and
other
Bodies
established
by
the
State
Government for the purpose;
(v)“Rules” mean the Rules of the University;
6
21 of 1860.
(w)“Society” means the Raman Education Society, registered
under the Societies Registration Act, 1860;
(x)“Sponsoring Body” means the Raman Education Society;
(y)“State” means the State of Odisha;
(z)“State Government” means the Government of Odisha;
(za)“Statutes” means the Statutes of the University;
(zb)“Teacher” means a person holding a designation of Professor,
Associate Professor, Assistant Professor, Lecturer or such
other designation as decided by the Board and appointed for
imparting instruction or training or conducting research in
the University;
(zc) “UGC” means the University Grants Commission established
under the University Grants Commission Act, 1956;
(zd)“University” means the C.V. Raman Global University,
Odisha, established and incorporated as a University under
this Act;
(ze)“Vice-Chancellor”
means
the
Vice-Chancellor
of
the
University appointed under section 16;
(zf)“Vice-President” means the Vice-President of the University
as explained in section 15; and
(zg)“Visitor” means the Visitor of the University as explained in
section 12.
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 Bidyanagar,
Mahura, Jatni Tahasil in the district of Khurda by the name of “C.V
Raman Global University, Odisha” after Corpus Fund is set up by the
Sponsoring Body as provided under section 44;
Establishment and
Incorporation.
3 of 1956.
7
(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 Mahura, Janla of
Jatani Tahasil in the district of Khurda.
(4) The jurisdiction of the University shall extend all over that is
presently comprised of the College to be recognized, restructured and
renamed under sub-section (1), to all faculties of studies and
Departments for which the corresponding degree and other academic
distinction are being conferred by the BPUT and to all constituent units
and Department to be established by the University in future with prior
permission of the State Government.
4.(1) On and from the appointed date,—
(a) the control and management of the College which is with the
Sponsoring Body together with the control and management of all
properties and assests pertaining to the College, shall stand transferred
to, and vest in the University.
(b) all properties and assests 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 stand transferred to, and vest
in the University;
(c) save as provided in this section, all rights, powers and
privileges, 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
Effect of
establishment.
8
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 and assests and rights transferred to the
University by virtues 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,—
(a) the College shall, with effect from the appointed date, cease
to be affiliated from the BPUT and shall stand transferred to
the University;
(b) all Faculties 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;
(c) any student of the college, who, immediately prior to the
appointed date was studying for any examination of BPUT or
for any examination of the College, the College being an
Autonomous College, shall continue his studies as a student
of the university and to be permitted to complete his course in
preparation there for and be admitted to the examination of
the University; and
(d) for students referred to in clause (c), the University shall
make arrangement for conferment of the corresponding
degree and other academic distinction on the basis of the
result of such examination.
5.Before issue of notification under sub-section (1) of section 3, the
State Government on the report of a High Power Committee constituted
for the purpose, shall ensure that the College fulfills the norms and other
conditions prescribed or imposed by the Regulatory Bodies in relation to
Land, Buildings, Library, Laboratory, Equipments, Computers, Furniture
Fulfillment of
norms and other
condition.
Odisha Act 9
of 2002.
Odisha Act 5
of 1989.
9
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 faculty or
Department or Discipline of the University prior to the date
such faculty 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 extra-curricular
activities like literary, cultural and artistic activities, games,
sports, National Service Scheme, National Cadet Corps etc.
for the benefit of students as per the norms laid down by
the Regulatory Bodies;
(c) to establish welfare programmes for the employees of the
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, a Ph.D. or a research degree or a
diploma offered by the University shall conform to the
relevant regulations or norms of the UGC or other
concerned Regulatory Body as amended from time to time;
(f) that the admission procedure and fixation of fees shall be in
accordance with the norms or guidelines, if any, prescribed
by the Regulatory Bodies;
Undertaking .
10
(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 or
All India Examination, as the case may be, and priority shall
be given to the students of Odisha while filling up of seats
and adhere to Guidelines and Instructions issued by the
Regulatory Bodies;
(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;
(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 be lawful for the University to
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, self-financed non-
affiliating and shall not demand for any grant-in-aid or any other financial
University not to be
entitled to financial
assistance.
Odisha Act 4
of 2007
11
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 (Including Marine Engineering),
Medical Science (including Nursing and Pharmacy), Architecture,
Art and Design, Education, Physical and Biological Science,
Humanities and Social Science, Management, Law, Vocational
Education and Training, Skill Education and Training and subject to
the approval of the State Government in any other field of
knowledge and education as it may deem fit;
(b) to institute degrees, diplomas, charters, certificates and other
academic distinctions on the basis of examination or any other
methods of evaluation;
(c) to collaborate with other colleges, universities, research
institutions, Industries, industry associations, professional bodies or
any other organisation, in India or abroad, to conceptualize, design
and develop specific educational and research programmes, dual
degree programme, credit based student exchange programme,
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 our youth to face global
competition and to participate in shaping India to become a world
leader;
(e) to establish the following constituent units of the University
with prior approval of the State Government, namely:-
(i) Faculty of Engineering and Technology (Including
Marine Engineering);
Objects of the
University.
12
(ii) Faculty of Medical Science (including Nursing and
Pharmacy);
(iii) Faculty of Architecture, Art and Design;
(iv) Faculty of Education;
(v) Faculty of Physical and Biological sciences;
(vi) Faculty of Humanities and Social Science;
(vii) Faculty of Management and Law;
(viii) Faculty of Vocational Education and Training;
(ix) Faculty of Skill Education and Training; and
(x) Any other Faculty as the university may deem fit.
Provided that the existing departments, programmes and
courses offered by the Society shall be integrated into the respective
Faculties.
(f) to disseminate knowledge through seminars, conferences,
executive education programmes, community development
programmes, publications, and training programmes;
(g) to undertake programmes for the training and development
of faculty members of the University and other institutions in
India or abroad;
(h) to undertake Skill Development Programmes of State
Government and Central Government;
(i) to undertake collaborative research with any organization in
India or abroad;
(j) to create higher levels of intellectual abilities;
(k) to carry out research sponsored by Central Government or
State Government and private agencies and to provide
consultancy
to
industry,
Central
Government
or
State
Government and public and private Organization;
(l) to promote development of new products, new technologies,
and business start ups by faculty, students, alumni and technical
staff;
13
(m) to assist industry, agriculture, business and services in public
and private sectors, as well as individuals from outside the
university, by sharing ideas, and by supporting incubation of
technology or business, inside or outside the university;
(n) to ensure that the standard of the degrees, diplomas, 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;
(o) to do all things necessary or expedient to promote the above
objectives; and
(p) 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
thereunder or any other relevant laws for the time being in force, the
University shall have the following powers, namely :—
(a) to establish Off-Campus Centers and Study Centers in India and
abroad, as are in the opinion of the University, necessary for the
furtherance of its objects in conformity with the provision of the
University
Grants
Commission
(Establishment
of
and
Maintenance of Standards in Private Universities) Regulations,
2003;
(b) to establish and develop faculties as envisaged in clause (e) of
section 8;
(c) to carry out all such other activities as may be necessary and
feasible in furtherance of the object of the University;
(d) to confer degrees, diplomas, charters, certificates or other
academic
distinctions
and
professional
designations
as
envisaged under section 8 (b) in the manner and under
conditions laid down in the Statutes;
(e) to institute and award fellowships, scholarships and prizes etc.,
in accordance with the Statutes;
Powers of the
University.
14
(f) to confer honorary degrees and other prestigious awards on
persons of eminence from India or abroad;
(g) 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;
(h) to make provisions for extra- curricular activities for students
and employees;
(i) to make appointments of the faculty, officers and employees of
the University or Off-campus Centre and Study Centres;
(j) to acquire, hold, manage, maintain and dispose of any movable
or immovable property, including Society and endowment
properties for the purpose of the University or a Off-campus
centre or a Study Centre;
(k) to institute and maintain halls and to recognize places of
residence for students of the University or Off-campus Centre;
(l) 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;
(m) to create academic, administrative and support staff and other
necessary posts;
(n) 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;
(o) to organize and conduct refresher courses, orientation courses,
workshops, seminars and other programs for teachers,
developers of course ware, evaluators and other academic staff;
(p) to determine standards of admission to the University and Off-
campus Centre with the approval of the Academic Council;
(q) 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;
15
(r) to prescribe such courses for Bachelor Degree, Master Degree,
Doctor of Philosophy, Doctor of Science Degrees and Research
and such other Degrees, Diplomas, Charters, Certificates etc;
(s) to provide for the preparation of instructional materials,
including films, cassettes, tapes, video cassettes, Compact Disk,
Visual Compact Disk and other software;
(t) to recognize 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;
(u) 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;
(v) to receive gifts and donations from persons and organisations in
India or abroad for furthering the cause of education, research or
for student or staff welfare;
(w) to enter into, carry out, vary or cancel contracts;
(x) to establish study centre subject to approval of the Regulatory
Body; and
(y) 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 and gender, etc residing in India
or abroad.
11.(1) The University shall seek, obtain and retain accreditation from
respective national accreditation bodies and be subject to the Regulations
or Guidelines made by the University Grants Commission there under
from time to time relating to private University.
Act 3 of 1956.
University open to all
classes, castes, creed,
religion,
language and gender.
National
Accreditation.
16
(2) The University shall obtain prior permission or recognition
from the concerned Regulatory Bodies, for conferring graduate or post
graduate degrees and for other programmes.
(3) As regards other programmes on technical education the
relevant laws, rules, regulations in the matter of obtaining approval or
recognition or maintaining standards shall apply to the University.
(4) The university may seek and obtain accreditation of
international accreditation agencies.
CHAPTER III
THE VISITORS AND OFFICERS OF THE UNIVERSITY
12. (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,
Diplomas,
Charters,
Designations and Certificates.
(3) The visitor shall have the following powers to be exercised in
accordance with the procedure laid down in the statues, namely :—
(a) To call for any paper or information relating to the
affairs of the University;
(b) On the basis of any 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, as he may deem fit, in the
interest of the University and basing on the advices of the
Visitor, the President shall take a decision which shall be
complied with by all concerned.
13.(1) The following shall be the officers of the University, namely:-
(a) The President;
(b) The Vice-President;
(c) The Vice-Chancellor;
Officers of the University.
The Visitor.
17
(d) The Deans of Faculties;
(e) The Finance Officer;
(f) The Controller of Examinations;
(g) The Registrar;
(h) The Librarian; and
(i) Such other officers as may be declared by the Statutes to be
officers of the University.
14.(1) The Secretary of the Society 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 “Designated President” for such
period and for such functions and responsibilities as the President may
specify. If the Vice-President is also absent, the President may designate
any member of the Board to discharge the duties of the President.
(3) The President shall preside over the meetings of the Board of
Governors and in his absence the Vice-President shall preside over the
meeting of the Board of Governors. However, any decision resolved in the
Board of Governors meeting shall be given effect only after obtaining the
approval of the President, except in emergencies, the nature of the
emergency being recorded in writing in the agenda and minutes of the
meeting.
(4) The President shall have the following powers, namely:-
(a) to call for any information or record from the Vice-
Chancellor or the Registrar;
(b) to appoint and remove the Vice-Chancellor after
following the due process of selection and dismissal
respectively;
(c) to appoint and remove members of the faculty, officers
or staff of the University;
(d) to preside over the convocation in absence of the Visitor;
and
The President and his
Powers.
18
(e) Such other powers as may be conferred on him by the
Act or the Statutes made there under.
15. (1) A Member of the Society shall be nominated by the President to
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 mentioned
in section 14.
(3) In absence of the President, the Vice-President shall preside over the
meetings of the Board of Governors, subject to provision of section 14.
(4) Such other powers and responsibilities as may be conferred on him
by the Act, the Statutes made there under and by the Board or by the
President.
16.(1) The Vice-chancellor shall be appointed by the President from a
panel of three persons recommended by an expert search committee
constituted 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 on approval of the President. On expiry of the
extended term, he may eligible for fresh consideration by a new search
committee along with other candidates.
(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 officer or authority as would have in the ordinary course dealt with
the matter:
The Vice-Chancellor.
The Vice-President and
his power.
19
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,
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 the decision and in case the authority refuses to revise
such decision wholly or partly or fails to take any corrective 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 Statutes or the Rules.
(6) The President is empowered to remove the Vice-Chancellor after
due inquiry and it shall be open to the President to suspend the Vice-
Chancellor during the inquiry depending upon the seriousness of the
charges, as he may consider appropriate.
17. Deans of Faculties shall be appointed by the Vice-Chancellor in such
manner and shall exercise such powers and perform such duties 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 be responsible for the due custody of the records
and the common seal of the University and shall be bound to place
The Registrar.
The Deans of
Faculties.
20
necessary documents before the President or the Vice-Chancellor or any
other authority for transaction of their business.
(4) The Registrar shall exercise such other powers and perform such
other functions as may be prescribed or required by resolutions of the
Board of Governors.
19.(1) The Finance Officer shall be appointed by the President in such
manner and shall exercise such powers and performs such functions as may
be prescribed.
(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.
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.
CHAPTER IV
AUTHORITIES OF THE UNIVERSITY
21.The following shall be the authorities of the University, namely:-
(a) The Board of Governors;
(b) The Academic Council;
(c) The Managing Committee;
(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:
(a) The President;
(b) The Vice-President;
(c) The Vice-Chancellor;
(d) The Secretary to Government in charge of Technical
Education Department, who shall be member ex-officio;
(e) One member of the Odisha Legislative Assembly
nominated by the Speaker;
The Finance Officer and
the Controller of
Examinations.
Other officers.
Authorities of the
University.
The Board of Governors
and its powers.
21
(f) Two members of the Society nominated by the Secretary of
the Society;
(g) Three persons nominated by the Society who should be
eminent scholars, industrialists, technologists, educators,
artists or persons of repute;
(h) Two eminent professors of the University to be nominated
by the President; and
(i) Two experts nominated by the State Government.
(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 policy making body
responsible for the governance 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
and ensure that they are in conformity with the provision of
this Act, the Statutes and the Rules;
(c) to make new or additional Statutes or amend or repeal the
earlier
Statutes
with
the
concurrence
of
the
State
Government;
(d) to make rules and to approve, amend or repeal rules
made by the Managing Committee or the Academic Council;
(e) to give guidelines to the Academic Council and the
Managing Committee for making rules and for running the
affairs of the University;
(f) to approve the budget and annual report of the University;
(g) to appoint the Statutory Auditors of the University;
(h)to take decision about voluntary winding up of the
University;
22
(i) to approve proposals for submission to the State
Government and Government of India for expansion of the
university; and
(j) 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 place as the 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 resolved in the Board meeting
shall be given effect to only after approval of the President.
23.(1)The Managing 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 ;
(c) two members of the Board nominated by the Sponsoring
Body;
(d) three persons, who are not members of the Board nominated
by the Sponsoring Body; and
(e) three Deans nominated by the Vice-Chancellor.
(2) The powers and functions of the Managing Committee 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;
The Managing
Committee.
The Academic
Council.
23
(b) The Registrar of the University who shall be the ex-officio
Secretary; and
(c) such other members as may be prescribed.
(2) The Academic Council shall be the principal academic body of the
University and shall, subject to the provisions of this Act, the Statutes and
the Rules, co-ordinate and exercise general supervision over the academic
policies of the University and shall exercise such other powers and perform
such other functions as may be prescribed.
(3) The term of office of the members other than the ex-officio members
shall be three years.
25. (1) The Finance Committee shall consist of the following members,
namely : —
(a) the Vice- President of the University who shall be the ex-
officio Chairman;
(b) the Vice-Chancellor;
(c) the Registrar of the University who shall be the ex-officio
Secretary;
(d) the Finance Officer; and
(e) such other members as may be prescribed.
(2) The Finance Committee shall be the principal financial body of the
University and shall take care of financial matters and shall, subject to the
provisions of this Act, Statutes and 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.
26.The constitution, powers and functions of other authorities of the
University shall be such, as may be prescribed.
27.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.
24
CHAPTER V
STATUTES AND RULES
28. 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;
(c) the terms and conditions of appointment of Vice-Chancellor, the
Registrar 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 faculties, and departments;
(g) the manner of co-operation with other Universities or Institutions
of higher learning;
(h) the procedure for conferment of honorary degrees;
(i) provisions regarding grant of freeships and scholarships;
(j) procedure for creation of different academic programmes, 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 depending on the course in which the students seek
admission;
(l) institution of fellowships, scholarships, studentships, freeships,
medals and prizes;
(m) procedure for creation and abolition of posts; and
(n) any other matters which may be prescribed.
Statutes .
25
29.(1) The First Statutes shall be made by the Board and shall be
submitted to the State Government for its approval, which may, within
two months from the date of receipt of the Statutes by the State
Government, give its approval with or without modifications.
(2) In case the State Government fails to take any decision with respect to
the approval of the Statutes within the period specified in sub-section (1), it
shall be deemed to have been approved by the State Government.
30. The Board may, with the prior approval of the State Government,
make new or additional Statutes or amend or repeal the Statutes.
31. 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 enrollment 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;
(c) the award of Degrees, Diplomas, Certificates and other academic
distinctions of the University;
(d) accounting policy and financial procedure;
(e) the conditions of the award of fellowships, scholarships,
studentships, medals and prizes;
(f) the conduct of examinations and the conditions and mode of
appointment and duties of examining bodies, examiners, invigilators,
tabulators and moderators;
(g) the fee to be charged for admission to the examinations, Degrees,
Diplomas, 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 State Government
depending on the course in which the students appear the
examination ;
Procedure for making
Statutes.
Power to amend
the Statutes.
Rules.
26
(h) revision of fees;
(i) alteration of number of seats in different courses and introduction
new programmes and courses;
(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.
32.(1) The Rules shall be made by the Board and the Rules so made shall
be submitted to the State Government for its approval, which may within
two 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 in sub-section (1), it
shall be deemed to have been approved by the State Government.
(3) Rules can be framed by the BOG, the Managing Committee and the
Academic Council. All rules made by the Academic Council and the
Managing committee shall be subject to review by the BOG, and shall take
effect only after they are approved by the BOG or by the President on its
behalf.
33.The Board may make new or additional rules or amend or repeal the
rules as may be prescribed.
34.(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.
Procedure for
making Rules.
Power to amend rules.
Admission.
Odisha Act 4
of 2007.
27
(2) Admission procedures for foreign students or NRI shall be in
accordance with the norms and guidelines prescribed by the UGC or other
Regulatory Bodies.
(3) In absence of the guidelines under sub-section (1), admission in the
University shall be made strictly on the basis of merit.
(4) The admission of Scheduled Tribe, Scheduled Castes, Socially and
Educationally Backward Classes and Persons with Disabilities students shall
be regulated as per the stipulation of reservation policies of the State
Government or Government of India.
35. (1) The University may, from time to time, prepare its fees structure
in accordance with the norms and guidelines prescribed by the U.G.C. and
other 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 for which it is entitled under the provisions of sub-section (1).
(3) The University shall implement a Scheme framed by the Regulatory
Bodies or State Government for providing concession in fees payable to the
University by the students belonging to Scheduled Castes, Scheduled Tribes
community and Economically Weaker Section from the State of Odisha.
CHAPTER VI
MISCELLANEOUS
36.(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 the procedure as may be prescribed.
37. Every employee or student of the University shall, notwithstanding
anything contained in this Act, have a right to appeal within such time as
Conditions of
service of employees.
Right to appeal.
Fee structure.
28
may be prescribed, to the Board against the decision of any officer or
authority of the University and thereupon the Board or the President on its
behalf may confirm, modify or change the decision appealed against.
38. 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.
39. 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.
40. Any authority of the University mentioned 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.
41. 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 whose
place he fills would have been a member.
42.(1) No suit or other legal proceedings shall lie against any officer or
other employees 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 filing suits, prosecutions
or other legal proceedings for anything done in contravention of the
provisions of this Act and the rules or Statute made thereunder.
Protection of action
taken in good faith.
Filling of
casual vacancies.
Constitution of
committees.
Provident fund
and pension.
Disputes as to
constitution of
University, authorities
and bodies.
29
43. Notwithstanding anything contained in any other provisions of this
Act and the Statutes :—
(a) the first Vice-Chancellor shall be appointed by the President and
the said officer shall hold office for a term of three years or till the new Vice-
Chancellor is appointed which ever is earlier.
(b) the first Registrar shall be appointed by the President who shall
hold office for a term of three years or till a new Registrar is appointed,
whichever is earlier.
(c)the first Board of Governors shall hold office for a term not
exceeding three years; and
(d) the first Managing Committee, the first Finance Committee and
the first Academic Council shall be constituted by the President for a term of
three years.
44.(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 be
transferred from the Corpus Fund under any other circumstances for
purposes other than that of the University.
(5) Out of the incomes received from the Corpus Fund amount not
exceeding seventy five per centum shall be used for the purpose of
scholarships or development works of the University and the remaining
twenty five per centum shall be reinvested in the Corpus Fund.
45.(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;
General Fund.
Transitional
provisions.
Corpus Fund.
30
(b) all sums received from any other source;
(c) all contributions made by the Sponsoring Body;
(d) all contributions or donations made in this behalf by any other
person or Body, which are not prohibited by any law for the time
being in force.
(2) The funds credited to the General Fund shall be applied to meet the
following payments, namely:-
(a) the repayment of debts including interest charges thereto
incurred by the University for the purpose of this Act and the
Statutes, and the rules made thereunder;
(b) the upkeep of the assets of the University;
(c) the payment of the cost of audit of the fund created under this
section and section 46;
(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 traveling and other allowances of the members
of the Board, the Managing Committee, 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.
31
(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;
(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 Managing Committee 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 Managing
Committee without the previous approval of the Managing Committee:
Provided further that the General Fund shall be applied for the
objects specified under this sub-section with the prior approval of the
Managing Committee of the University.
46.(1) The University shall establish a Development Fund to which the
following amount shall be credited, namely:-
(a) development fees which may be charged from students;
(b) all sums received from any other source for the purposes
of the development of the University;
(c) all contributions made by the Sponsoring Body;
(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 Corpus Fund.
Development fund .
32
(2) The funds credited to the Development Fund from time to time shall
be utilized for the development of the University.
47.The funds established under sections 44, 45 and 46 shall be, subject to
general supervision and control of the Board of Governors, be regulated and
maintained in such manner as may be prescribed.
48.(1) The Annual Report of the University shall be prepared under the
direction of the Managing Committee and shall be submitted to the Board of
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 visitor and to the State Government on or before the 31st
December following closure of the financial year on the 31st March each year.
49.(1) 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.
(2) The annual accounts of the University shall be audited by a chartered
accountant, who is a member of the Institute of Chartered Accountants of
India, every year.
(3) A copy of the annual accounts and the Balance Sheet together with
the audit report shall be submitted to the Board 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 at its meeting for consideration and approval and the
Board 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
Annual Report .
Maintenance of fund.
Account and audit .
33
Government may issue directions to the University, and such directions shall
be binding on the University.
50. 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.
51.(1) If the Sponsoring Body proposes dissolution of the University in
accordance with the law governing its constitution or incorporation, it shall
give at least six months notice in writing to the State Government.
(2)
On
identification
of
mismanagement,
mal-administration,
indiscipline, failure in the accomplishment of the objects of the University
and economic hardships in the management systems of the University, the
State Government shall, subject to and in accordance with relevant law, if
any, for the time being in force, issue directions to the sponsoring body of the
University and if the directions 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.
(3) The manner of dissolution up of the University shall be such as may
be prescribed by the State Government in this behalf.
(4) If the State Government considers it necessary to suspend the
Managing Committee, it shall, by notification published in the Official
Gazette, order for suspension of the Managing Committee 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.
Dissolution of
University.
Mode of proof of
University record.
34
(5) On receipt of the notice referred to in sub-section (1) or on a decision
for dissolution 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 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.
52.(1) The expenditure for administration of the University during the
taking over period of its management under section 51 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.
53.(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 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. 1818-173+180
Expenditure of the
University during
dissolution.
Removal of difficulties.