179

Panaji, 23rd May, 2019 (Jayaistha 2, 1941)

SERIES I No. 8

Reg. No. G-2/RNP/GOA/32/2018-20

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcomed on e-mail: dir–[email protected]

GOVERNMENT OF GOA

Department of Civil Supplies and Consumer Affairs

——

Notification

DCS/S/Ker/PF/2019-20/44

In pursuance of clause 3 read with sub-clause (d)(i) of clause 2 of Kerosene Fixation of Ceiling

Price Order (1993), the Government of Goa hereby directs that maximum wholesale & retail

price for domestic purpose of Superior Kerosene Oil stands revised as under with effect from

16-05-2019. This Notification supersedes earlier Notification No. DCS/S/KER/PF/2019-20/18

dated 17-04-2019.

Sr.

Taluka

Wholesale Price

Retail Price

No.

per kilo litre

per litre

including GST

& Green Cess

Existing

Revised

Existing

Revised

Tiswadi

Rs. 31544.82

Rs. 32075.09

Rs. 33.50

Rs. 34.00

Chorao

Rs. 31576.32

Rs. 32106.59

Rs. 33.50

Rs. 34.00

Diwar

Rs. 31576.32

Rs. 32106.59

Rs. 33.50

Rs. 34.00

NOTE

There is one Extraordinary issue to Official Gazette, Series I No. 7 dated 16-05-2019, as namely:–

(1) Extraordinary dated 17-5-2019 from pages 177 to 178 Notification No. 5-6-2019-Fin(DMU) from Department of

Finance (Debt Management Division) regarding Market Borrowing Programme of State Government 2019-20.

INDEX

Department

Notification/Order

Subject

Pages

Civil Supplies &

Not.- DCS/S/Ker/PF/2019-20/

Revised fixation of wholesale & retail price of

179

Consumer Affairs

/44

Superior Kerosene Oil.

Dir. & ex officio Jt. Secy.

2.a. Law & Judiciary

Not.- 10/6/2018-LA-49

The National Sports University Act, 2018

180

Joint Secretary

b. —do—

Not.- 10/4/2019-LA-120

The Aadhaar and Other Laws (Amendment)

206

Ordinance, 2019.

c. —do—

Not.- 10/4/2019-LA-121

The New Delhi International Arbitration Centre

215

Ordinance, 2019.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 8

23RD MAY, 2019

180

Salcete

Rs. 31052.46

Rs. 31582.72

Rs. 33.00

Rs. 33.50

Bardez

Rs. 31700.31

Rs. 32230.57

Rs. 33.75

Rs. 34.25

Corjuvem

Rs. 31700.31

Rs. 32230.57

Rs. 33.75

Rs. 34.25

Mormugao

Rs. 30864.58

Rs. 31394.84

Rs. 32.75

Rs. 33.25

Ponda

Rs. 31156.11

Rs. 31686.38

Rs. 33.00

Rs. 33.50

Quepem

Rs. 31305.12

Rs. 31835.38

Rs. 33.25

Rs. 33.75

Bicholim

Rs. 31713.26

Rs. 32243.53

Rs. 33.75

Rs. 34.25

Pernem

Rs. 32004.80

Rs. 32535.06

Rs. 34.00

Rs. 34.50

Canacona

Rs. 31603.13

Rs. 32133.39

Rs. 33.50

Rs. 34.00

10.

Sanguem

Rs. 31447.65

Rs. 31977.91

Rs. 33.50

Rs. 34.00

11.

Satari

Rs. 31603.13

Rs. 32133.39

Rs. 33.50

Rs. 34.00

12.

Dharbandora

Rs. 31447.65

Rs. 31977.91

Rs. 33.50

Rs. 34.00

By order and in the name of the Governor of Goa.

Sandhya Kamat, Director & ex officio Jt. Secretary (Civil Supplies & Consumer

Affairs).

Panaji, 17th May, 2019.

———ttt———

Department of Law & Judiciary

Legal Affairs Division

——

Notification

10/6/2018-LA-49

The National Sports University Act, 2018

(Central Act No. 25 of 2018), which has been

passed by Parliament and assented to by the

President on 17-08-2018 and published in the

Gazette of India, Extraordinary, Part II, Section 1,

dated 17-08-2018, is hereby published for the

general information of the public.

Julio Barbosa Noronha, Joint Secretary (Law).

Porvorim, 29th January, 2019.

______

THE NATIONAL SPORTS UNIVERSITY

ACT, 2018

Arrangement of Sections

Sections

1. Short title, extent and commencement.

2. Definitions.

3. Establishment of University.

4. Objects of University.

5. Powers and functions of University.

6. University to be open to all caste, creed, race

or class.

7. Central Government to review work and

progress of University.

8. Officers of University.

9. Chancellor.

10. Vice-Chancellor.

11. Deans of Schools.

12. Registrar.

13. Finance Officer.

14. Controller of Examinations.

15. Librarian.

16. Other Officers.

17. Authorities of University.

18. The Court.

19. Executive Council.

20. Academic and Activity Council.

21. Board of Sports Studies.

22. Finance Committee.

23. Other authorities of University.

24. Power to make Statutes.

25. Statutes, how to be made.

26. Power to make Ordinances.

27. Regulations.

28. Annual report.

OFFICIAL GAZETTE — GOVT. OF GOA

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181

29. Annual accounts.

30. Fund of University.

31. Returns and information.

32. Conditions of service of employees, etc.

33. Procedure of appeal and arbitration in

disciplinary cases against students.

34. Right to appeals.

35. Provident and pension funds.

36. Disputes as to constitution of authorities and

bodies.

37. Filling of casual vacancies.

38. Proceedings of authorities or bodies not

invalidated by vacancies.

39. Protection of action taken in good faith.

40. Mode of proof of University record.

41. Power to remove difficulties.

42. Statutes, Ordinances and Regulations to be

published in the Official

Gazette and to be

laid before Parliament.

43. Transitional provisions.

44. Repeal and savings.

THE SCHEDULE.

_____

THE NATIONAL SPORTS UNIVERSITY

ACT, 2018

ACT

to establish and incorporate a National Sports

University in the State of Manipur, a

specialised University first of its kind, to

promote sports education in the areas of

sports sciences, sports technology, sports

management and sports coaching besides

functioning as the national training centre

for select sports disciplines by adopting

best international practices and for matters

connected therewith or incidental thereto.

BE it enacted by Parliament in the Sixty-

-ninth Year of the Republic of India as

follows:—

1. Short title, extent and commencement.—

(1) This Act may be called the National Sports

University Act, 2018.

(2) It extends to the whole of India.

(3) It shall be deemed to have come into force

on the 31st day of May, 2018.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(a) “Academic and Activity Council”

means the Academic and Activity Council

of the University;

(b) “academic staff” means such

categories of staff as are designated as

academic staff by the Ordinances;

Board of Sports Studies of a Department of

the University;

(d) “Chancellor” means the Chancellor of

the University;

(e) “College” means a college or other

academic institution established or

maintained by, or admitted to the privileges

of, the University;

(f) “Court” means the Court of the

University;

(g) “Department” means a Department

of Studies and includes a Centre of Studies;

(h) “employee” means any person

appointed by the University and includes

teachers and other staff of the University;

(i) “Executive Council” means the

Executive Council of the University;

(j) “Finance Committee” means the

Finance Committee of the University;

(k) “Fund” means the University Fund

referred to in section 30;

(l) “Hall” means a unit of residence or of

corporate life for the students of the

University, or of an Outlying Campus or of a

College or an Institution, maintained by the

University;

(m) “Head of the Department” means the

head of any teaching department of the

University;

(n) “Institution” means an academic

institution, not being a College, maintained

by, or admitted to the privileges of, the

University;

(o) “Outlying Campus” means the

campus of the University as may be

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 8

23RD MAY, 2019

182

established by it at any place within or

outside India;

(p) “Principal” means the Head of a

College or an Institution maintained by the

University and includes, where there is no

Principal, the person for the time being duly

appointed to act as Principal, and in the

absence of the Principal, or the acting

Principal, a Vice-Principal duly appointed

as such;

(q) “Regional Centre” means a centre

established or maintained by the University

for the purpose of coordinating and

supervising the work of Study Centres in

any region and for performing such other

functions as may be conferred on such

centre by the Executive Council;

(r) “Regulations” means the regulations

made by any authority of the University

under this Act for the time being in force;

(s) “School” means a School of Studies of

the University;

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

(u) “State” includes a Union territory;

(v) “Statutes” and “Ordinances” mean,

respectively, the Statutes and the

Ordinances of the University for the time

being in force;

(w) “Study Centre” means a centre

established, maintained or recognised by

the University for the purpose of advising,

counselling, training or for rendering any

other assistance required by the students;

(x) “teachers of the University” means

Professors, Associate Professors, Assistant

Professors and such other persons as may

be appointed for imparting instructions,

training or conducting research in the

University or in any Outlying Campus,

College or Institution or Regional Centres

and Study Centres maintained by the

University and are designated as teachers

by the Ordinances;

(y) “University” means the National

Sports

University

established

and

incorporated as a University under this Act;

(z) “Vice-Chancellor” means the Vice-

Chancellor of the University.

3. Establishment of University.— (1) There

shall be established a University by the name

of “National Sports University”.

(2) The headquarters of the University shall

be in the State of Manipur and it may establish

or maintain Outlying Campuses, Colleges,

Regional Centres and Study Centres at such

other places in India as it may deem fit:

Provided that the University may, with the

prior approval of the Central Government, also

establish Outlying Campuses and Study

Centres outside India.

(3) The first Chancellor, the first Vice-

Chancellor and the first members of the Court,

the Executive Council and the Academic and

Activity Council, and all such persons who

may hereafter become such officers or

members, so long as they continue to hold

such office or membership, are hereby

constituted a body corporate by the name of

“National Sports University”.

(4) The University shall have perpetual

succession and a common seal, and shall sue

and be sued by the said name.

4. Objects of University.— The objects of the

University shall be––

(i) to evolve as an institute of advanced

study in the field of physical education and

sports sciences;

(ii) to provide for research and

development and dissemination of

knowledge in physical education and

sports sciences by providing specially

designed

academic

and

training

programmes in various areas of physical

education and sports sciences and training

in advanced technologies of sports;

(iii) to strengthen physical education and

sports training programmes to promote

sports including traditional and tribal sports

and games;

(iv) to establish centres and institutions

of excellence for imparting state of the art

educational training and research in the

OFFICIAL GAZETTE — GOVT. OF GOA

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183

fields of physical education and sports

sciences, sports technology and high

performance training for all sports and

games;

(v) to provide professional and academic

leadership to other institutions in the field

of physical education and sports sciences;

(vi) to provide vocational guidance and

placement services in physical education,

sports sciences, sports medicine, sports

technology and other related fields;

(vii) to generate capabilities for the

development of knowledge, skills and

competences at various levels in the fields

of physical education and sports sciences,

sports technology and high performance

training for all sports and games;

(viii) to generate capabilities to provide

infrastructure of international standard for

education, training and research in the

areas related to physical education and

sports sciences, sports technology and high

performance training for all sports and

games;

(ix)

prepare

highly

qualified

professionals in the fields of physical

education and sports sciences, sports

technology and high performance training

for all sports and games;

(x) to serve as a Centre of Excellence for

the elite and other talented sportspersons

of all sports and games and innovation in

physical education and sports sciences and

to carry out, endorse and propagate

research;

(xi) to function as a leading resource

centre for knowledge and development in

the areas of physical education and sports

sciences, sports technology and high

performance training for all sports and

games;

(xii) to provide international collaboration

in the fields of physical education and sports

sciences, sports technology and high

performance training for all sports and

games;

(xiii) to establish close linkage with sports

academies, schools, colleges, sports and

recreation clubs, sports associations and

international federations for the purpose of

teaching, training and research in physical

education and sports sciences, sports

technology and high performance training

for all sports and games;

(xiv) to train talented athletes so as to help

them to evolve into elite athletes of

international level;

(xv) to make India become a sporting

power;

(xvi) such other objects, not inconsistent

with the provisions of this Act, which the

Central Government may, by notification in

the Official Gazette, specify in this behalf.

5. Powers and functions of University.— (1)

The University shall have the following powers

and functions, namely:––

(i) to plan, design, develop and prescribe

courses of study and conduct appropriate

academic and training programmes in

physical education and sports sciences

including sports technology and to provide

for instruction and training in such branches

of learning as the University may, from time

to time, determine and to make provisions

for research and for the advancement and

dissemination of knowledge;

(ii) to grant, subject to such conditions

as the University may determine, diplomas

or certificates to, and confer degrees or

other academic distinctions on, persons, on

the basis of examinations, evaluation or any

method of testing, and to withdraw any such

certificates, diplomas, degrees or other

academic distinctions for good and sufficient

cause;

(iii) to provide opportunities to the

students of the University to participate in

the sports tournaments and competitions in

co-ordination with established International

Sports Federations, National Sports

Federations, Indian Olympic Association

and Association of Indian Universities;

OFFICIAL GAZETTE — GOVT. OF GOA

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23RD MAY, 2019

184

(iv) to have liaison or membership with

various

international

professional

organisations or bodies;

(v) to establish and maintain, with the

prior approval of the Central Government,

such Outlying Campuses, Regional Centres,

specialised laboratories or other units for

research, instruction and training as are, in

the opinion of the University, necessary for

the furtherance of its objects;

(vi) to establish, maintain or recognise

Study Centres in the manner laid down by

the Statutes;

(vii) to establish and maintain Colleges,

Institutions and Halls;

(viii) to confer honorary degrees or other

distinctions in the manner prescribed by

the Statutes;

(ix)

institute

Principalships,

Professorships, Associate Professorships,

Assistant Professorships and other teaching

or academic positions, required by the

University and to appoint persons to such

Principalships, Professorships, Associate

Professorships, Assistant Professorships or

other teaching or academic positions;

(x) to appoint persons working in any

University or academic institution,

including those located outside the country,

as teachers of the University for a specified

period;

(xi) to create administrative, ministerial

and other posts and to make appointments

thereto;

(xii) to co-operate or collaborate or

associate with any other University or

authority or Institution of higher learning,

including those located outside the country,

in such manner and for such purposes as

the University, may determine;

(xiii) to provide facilities through the

distance education system to such persons

and in such manner as may be prescribed

by the Statutes;

(xiv) to institute and award fellowships,

scholarships, studentship, medals and

prizes for raising academic standards and

research;

(xv) to organise and to undertake

extramural studies, training and extension

services;

(xvi) to make provision for research and

advisory services and for that purpose, to

enter into such arrangements with other

institutions,

industrial

other

organisations, as the University may deem

necessary;

(xvii) to organise and conduct refresher

courses, workshops, seminars and other

programmes for teachers, evaluators, other

academic staff and students;

(xviii) to appoint on contract or otherwise

visiting Professors, Emeritus Professors,

Consultants and such other persons who

may contribute to the advancement of the

objects of the University;

(xix) to determine standards of admission

to the University, which may include

examination, evaluation or any other

method of testing;

(xx) to demand and receive payment of

fees and other charges;

(xxi) to supervise the residences of the

students of the University and to make

arrangements for promoting their health

and general welfare;

(xxii) to lay down conditions of service of

all categories of employees, including their

code of conduct;

(xxiii) to regulate and enforce discipline

among the students and the employees, and

to take such disciplinary measures in this

regard as may be deemed by the University

to be necessary;

(xxiv) to make arrangements for

promoting the health and general welfare

of the employees;

(xxv) to receive benefactions, donations

and gifts and to acquire, hold and manage,

and to dispose of, with the previous approval

of the Central Government, any property,

OFFICIAL GAZETTE — GOVT. OF GOA

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185

movable or immovable, including trust and

endowment properties, for the purposes of

the University;

(xxvi) to borrow, with the previous

approval of the Central Government, on the

security of the property of the University,

money for the purposes of the University;

(xxvii) to conduct innovative experiments

and

promote

new

methods

and

technologies in the fields of physical

education, sports sciences, sports

medicine, sports technology, sports

management and other related fields;

(xxviii) to purchase or to take on lease any

land or building or sports complex or sports

infrastructure and scientific sports research

equipment or indoor stadium or works

which may be necessary or convenient for

the purposes of the University, on such

terms and conditions as it may think fit and

proper and to construct, alter and maintain

any such building or work;

(xxix) to start any new allied course or

research programme or diploma or training

programme and discontinue any course or

training programme;

(xxx) to invest the funds of the University

in or upon such securities and transpose

any investment from time to time in such

manner as it may deem fit in the interest of

the University;

(xxxi) to execute conveyances regarding

transfers, mortgages, leases, licenses,

agreements and other conveyances in

respect of the property, movable or

immovable,

including

Government

securities, belonging to the University or to

be acquired for the purposes of the

University, after taking prior permission of

the Central Government;

(xxxii) to act as a technical advisory body

to Government of India and other National

Organisations, State Governments and

National Sports Federations on all matters

related to sports;

(xxxiii) to provide training, coaching and

other back up to high level sports persons

for achieving success in different national

and international sports competitions;

(xxxiv) to give effect to the procedures

and standards provided under the Khelo

India Scheme or the National Sports Talent

Search and Identification Scheme;

(xxxv) to confer autonomous status on a

College or an Institution in the manner laid

down by the Statutes;

(xxxvi) to admit to its privileges any

College or Institution in or outside India

subject to such conditions as may be laid

down by the Statutes:

Provided that no College or Institution

shall be so admitted except with the prior

approval of the Central Government;

(xxxvii) to provide for the preparation of

instructional and training materials,

including films, cassettes, tapes, video

cassettes and other software;

(xxxviii) to recognise persons for

imparting instructions in any College or

Institution admitted to the privileges of the

University; and

(xxxix) to do all such other acts and

things as may be necessary, incidental or

conducive to the attainment of all or any of

its objects.

(2) The University shall in the exercise of its

powers have jurisdiction over the whole of

India and to the Outlying Campuses and Study

Centres outside India.

(3) In exercising its powers referred to in

sub-section (1), it shall be the endeavour of

the University to maintain an all-India

character and high standards of teaching,

training and research, and the University

shall, among other measures which may be

necessary for the said purpose, take, in

particular, the following measures, namely:—

(i)

admissions

students

and

recruitment of faculty shall be made on all-

India basis through appropriate procedures

approved by the Executive Council of the

University;

OFFICIAL GAZETTE — GOVT. OF GOA

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186

(ii) foreign students shall be admitted by

the University to various courses and

programmes as per the policy and schemes

of the Government of India and the

procedure approved by the Executive

Council of the National Sports University;

(iii) inter-University mobility of faculty

with portable pension scheme benefits, if

any, and protection of seniority shall be

encouraged;

(iv) semester system, continuous

evaluation and choice-based credit system

shall be introduced and the University shall

enter into agreement with other Universities

and academic institutions for credit transfer

and joint degree programmes;

(v) innovative courses and programmes

of studies shall be introduced with a

provision for periodic review and

restructuring;

(vi) active participation of students shall

be ensured in all academic activities of the

University, including evaluation of teachers;

(vii) accreditation shall be obtained from

the National Assessment and Accreditation

Council or any other accrediting agency at

the national level; and

(viii) e-governance shall be introduced

with effective management information.

6. University to be open to all caste, creed,

race or class.— The University shall be open

to persons of any sex and of whatever caste,

creed, race or class, and it shall not be lawful

for the University to adopt or impose on any

person, any test whatsoever of religious belief

or profession in order to entitle such person

to be appointed as a teacher of the University

or to hold any other office therein or to be

admitted as a student in the University or to

graduate thereat or to enjoy or exercise any

privilege thereof:

Provided that nothing in this section shall

be deemed to prevent the University from

making special provisions for the employment

or admission of women, persons with

disabilities or of persons belonging to the

weaker sections of the society and, in

particular, of the Scheduled Castes, the

Scheduled Tribes and the other socially and

educationally backward classes of citizens:

Provided further that no such special

provision shall be made on the ground of

domicile.

7. Central Government to review work and

progress of University.— (1) The Central

Government may, from time to time, appoint

one or more persons to review the work and

progress of the University, including Outlying

Campuses, Colleges, Institutions, Regional

Centres and Study Centres maintained by it,

and to submit a report thereon; and upon

receipt of that report, the Central Government

may, after obtaining the views of the Executive

Council thereon through the Vice-Chancellor,

take such action and issue such directions, as

it considers necessary, in respect of any of the

matters dealt with in the report and the

University shall abide by such action and be

bound to comply with such directions.

(2) The Central Government shall have the

right to cause an inspection to be made by

such person or persons, as it may direct, of

the University, its buildings, sports complexes,

libraries, laboratories and equipment, and of

any Outlying Campus or College or Institution

or Regional Centres or Study Centres

maintained by the University; and also of the

examinations, teaching and other work

conducted or done by the University and to

cause an inquiry to be made in like manner in

respect of any matter connected with the

administration or finances of the University,

Colleges or Institutions or Regional Centres or

Study Centres.

(3) The Central Government shall, in every

matter referred to in sub-section (2), give

notice of its intention to cause an inspection

or inquiry to be made, to the University, and

the University shall have the right to make such

representations to the Central Government, as

it may consider necessary.

(4) After considering the representations, if

any, made by the University, the Central

Government may cause to be made such

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 8

23RD MAY, 2019

187

inspection or inquiry as is referred to in sub-

-section (3).

(5) Where any inspection or inquiry has

been caused to be made by the Central

Government, the University shall be entitled

to appoint a representative, who shall have

the right to be present and be heard at such

inspection or inquiry.

(6) The Central Government may, if the

inspection or inquiry is made in respect of the

University or any Outlying Campus or College

or Institution or Regional Centre or Study

Centre established or maintained by it,

address the Vice-Chancellor with reference to

the result of such inspection or inquiry

together with such views and advice with

regard to the action to be taken thereon, as

the Central Government may be pleased to

offer, and on receipt of address made by the

Central Government, the Vice-Chancellor shall

communicate to the Executive Council the

views of the Central Government with such

advice as the Central Government may offer

upon the action to be taken thereon.

(7)

The

Executive

Council

shall

communicate through the Vice-Chancellor to

the Central Government such action, if any,

as it proposes to take or has been taken upon

the result of such inspection or inquiry.

(8) Where, the Executive Council does not,

within a reasonable time, take action to the

satisfaction of the Central Government, it may,

after considering any explanation furnished

or representation made by the Executive

Council, issue such directions, as it may think

fit, and the Executive Council shall comply

with such directions.

(9) Without prejudice to the foregoing

provisions of this section, the Central

Government may, by order in writing, annul

any proceeding of the University which is not

in conformity with the provisions of this Act

or the Statutes or the Ordinances:

Provided that before making any such order,

the Central Government shall call upon the

Vice-Chancellor to show cause why such an

order should not be made, and, if any cause is

shown within a reasonable time, it shall

consider the same.

(10) The Central Government shall have

such other powers, in respect of the affairs of

the University, as may be prescribed by the

Statutes.

8. Officers of University.— The following

shall be the officers of the University, namely:—

(a) the Chancellor;

(b) the Vice-Chancellor;

(d) the Registrar;

(e) the Finance Officer;

(f) the Controller of Examinations;

(g) the Librarian; and

(h) such other officers as may be declared

by the Statutes to be the officers of the

University.

9. Chancellor.— (1) The Chancellor shall be

appointed by the Central Government in such

manner as may be prescribed by the Statutes.

(2) The Chancellor shall, by virtue of his

office, be the head of the University and shall,

if present, preside at the Convocations of the

University held for conferring degrees and

other ceremonial functions and also the

meetings of the Court.

10. Vice-Chancellor.— (1) The Vice-

Chancellor shall be appointed by the Central

Government in such manner as may be

prescribed by the Statutes.

(2) The Vice-Chancellor shall be the

principal executive and academic officer of the

University and shall exercise general

supervision and control over the affairs of the

University and give effect to the decisions of

all the authorities of the University.

(3) The Vice-Chancellor may, if he is of the

opinion that immediate action is necessary on

any matter, exercise any power conferred on

any authority of the University by or under this

Act and shall apprise such authority at its next

meeting the action taken by him on such

matter:

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Provided that if the authority concerned is

of the opinion that such action ought not to

have been taken, it may refer the matter to

the Central Government whose decision

thereon shall be final:

Provided further that any person in the

service of the University who is aggrieved by

the action taken by the Vice-Chancellor under

this sub-section shall have the right to

represent against such action to the Executive

Council within three months from the date on

which

decision

such

action

communicated to him and thereupon the

Executive Council may confirm, modify or

reverse the action taken by the Vice-

Chancellor.

(4) Where the Vice-Chancellor is of the

opinion that any decision taken by any

authority of the University is beyond the

powers of the authority conferred under the

provisions of Officers of this Act or the Statutes

or the Ordinances, or that any decision taken

by the authority is not in the interest of the

University, he may ask the authority

concerned to review its decision within sixty

days of such decision and if the authority

refuses to review the decision either in whole

or in part or no decision is taken by it within

the said period of sixty days, the matter shall

be referred to the Central Government whose

decision thereon shall be final.

(5) The Vice-Chancellor shall exercise such

other powers and perform such other duties

as may be prescribed by the Statutes or the

Ordinances.

11. Deans of Schools.— Every Dean of School

shall be appointed in such manner, and on

such terms and conditions of service, and shall

exercise such powers and perform such

duties, as may be prescribed by the Statutes.

12. Registrar.— (1) The Registrar shall be

appointed in such manner, and on such terms

and conditions of service, as may be

prescribed by the Statutes.

(2) The Registrar shall have the power to

enter into agreements, sign documents and

authenticate records on behalf of the

University, and shall exercise such powers

and perform such duties, as may be prescribed

by the Statutes.

13. Finance Officer.— The Finance Officer

shall be appointed in such manner, and shall

exercise such powers and perform such

duties, as may be prescribed by the Statutes.

14. Controller of Examinations.— Controller

of Examinations shall be appointed in such

manner and shall exercise such powers and

perform such duties, as may be prescribed by

the Statutes.

15. Librarian.— The Librarian shall be

appointed in such manner and on such terms

and conditions of service, and shall exercise

such powers and perform such duties, as may

be prescribed by the Statutes.

16. Other officers.— The manner of

appointment and powers and duties of other

officers of the University shall be prescribed

by the Statutes.

17. Authorities of University.— The

following shall be the authorities of the

University, namely:—

(a) the Court;

(b) the Executive Council;

(d) the Board of Sports Studies;

(e) the Finance Committee;

(f) such other authorities as may be

declared by the Statutes to be the

authorities of the University.

18. The Court.— (1) The constitution of the

Court and the term of office of its members

shall be prescribed by the Statutes.

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

Court shall have the following powers and

functions, namely:—

(a) to review, from time to time, the broad

policies and programmes of the University,

and to suggest measures for the

improvement and development of the

University;

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(b ) to consider and pass resolutions on

the annual report and the annual accounts

of the University and the audit report on

such accounts;

respect of any matter which may be

referred to it for advice; and

(d) to perform such other functions as

may be prescribed by the Statutes.

19. Executive Council.— (1) The Executive

Council shall be the principal executive body

of the University.

(2) The constitution of the Executive

Council, the term of office of its members and

its powers and functions shall be prescribed

by the Statutes.

20. Academic and Activity Council.— (1) The

Academic and Activity Council shall be the

principal academic body of the University and

shall, subject to the provisions of this Act, the

Statutes and the Ordinances, co-ordinate and

exercise general supervision over the

academic policies of the University.

(2) The constitution of the Academic and

Activity Council, the term of office of its

members and its powers and functions shall

be prescribed by the Statutes:

Provided that the Academic and Activity

Council shall have sports persons who have

achieved distinction in Olympics or world

championships.

21. Board of Sports Studies.— The

constitution, powers and functions of the

Board of Sports Studies shall be prescribed by

the Statutes.

22. Finance Committee.— The constitution,

powers and functions of the Finance

Committee shall be prescribed by the Statutes.

23. Other authorities of University.— The

constitution, powers and functions of other

authorities, as may be declared by the Statutes

to be the authorities of the University, shall be

prescribed by the Statutes.

24. Power to make Statutes.— Subject to the

provisions of this Act, the Statutes may provide

for all or any of the following matters,

namely:—

(a) the constitution, powers and functions

of authorities and other bodies of the

University, as may be constituted from time

to time;

(b) the appointment and continuance in

office of the members of the said authorities

and bodies, the filling up of vacancies of

members, and all other matters relating to

those authorities and other bodies for which

it may be necessary or desirable to provide;

of the officers of the University and their

emoluments;

(d) the appointment of teachers,

academic staff and other employees of the

University, the emoluments and conditions

of service;

(e) the appointment of teachers and

academic staff working in any other

University or organisation for a specific

period for undertaking a joint project;

(f) the conditions of service of employees

including provisions for pension, insurance,

provident fund, the manner of termination

of service and disciplinary action;

(g) the principles governing the seniority

of service of the employees of the

University;

(h) the procedure for arbitration in cases

of dispute between employees or students

and the University;

(i) the procedure for appeal to the

Executive Council by any employee or

student against the action of any officer or

authority of the University;

(j) the conferment of autonomous status

on a College or an Institution or a Department;

(k) the establishment and abolition of

Schools, Departments, Centres, Halls,

Colleges, Institutions, Regional Centres and

Study Centres;

(l) the conferment of honorary degrees;

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(m) the conferment and withdrawal of

degrees, diplomas, certificates and other

academic distinctions;

(n) the management of Colleges,

Institutions, Regional Centres and Study

Centres established and maintained by the

University;

(o) the delegation of powers vested in the

authorities or officers of the University;

(p) the maintenance of discipline among

the employees and students; and

(q) all other matters which by this Act are

to be, or may be, provided for by the

Statutes.

25. Statutes, how to be made.— (1) The first

Statutes are those set out in the Schedule to

this Act.

(2) The Executive Council may, from time

to time, make new or additional Statutes or

may amend or repeal any Statutes referred to

in sub-section (1):

Provided that the Executive Council shall

not make, amend or repeal any Statutes

affecting the status, powers or constitution of

any authority of the University until such

authority has been given an opportunity of

expressing an opinion in writing on proposed

changes, and any opinion so expressed shall

be considered by the Executive Council.

(3) Every new Statutes or Statutes

amending or repealing existing Statutes shall

require the approval of the Central

Government and unless so approved, they

shall be invalid.

(4) Notwithstanding anything contained in

the foregoing sub-sections, the Central

Government may make new or additional

Statutes or amend or repeal the Statutes

referred to in sub-section (1), during the period

of three years immediately after the

commencement of this Act:

Provided that the Central Government may,

on the expiry of the said period of three years,

make, within one year from the date of such

expiry, such detailed Statutes as it may

consider necessary and such detailed Statutes

shall be laid before both Houses of Parliament.

(5) Notwithstanding anything contained in

this section, the Central Government may

direct the University to make provisions in the

Statutes in respect of any matter specified by

it and if the Executive Council is unable to

implement such direction within sixty days of

its receipt, the Central Government may, after

considering the reasons, if any, communicated

by the Executive Council for its inability to

comply with such direction, make or amend

the Statutes suitably.

26. Power to make Ordinances.— (1) Subject

to the provisions of this Act and the Statutes,

the Ordinances may provide for all or any of

the following matters, namely:—

(a) the admission of students to the

University and their enrolment as such;

(b) the courses of study and their duration

to be laid down for all degrees, diplomas

and certificates of the University;

examination;

(d) the award of degrees, diplomas,

certificates

and

other

academic

distinctions, the qualifications for the same

and the means to be taken relating to the

granting and obtaining of the same;

(e) the fees to be charged for courses of

study in the University and for admission to

examinations, degrees and diplomas of the

University;

(f) the conditions for award of fellowships,

scholarships, studentships, medals and

prizes;

(g) the conduct of examinations,

including the term of office and manner of

appointment and the duties of examining

bodies, examiners and moderators;

(h) the conditions of residence of the

students of the University;

(i) the special arrangements, if any, which

may be made for the residence and teaching

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of women students and the prescribing of

special courses of studies for them;

(j) the establishment of Centres of Studies,

Board of Studies, Specialised Laboratories

and other Committees;

(k) the manner of co-operation and

collaboration with other Universities,

institutions and other agencies including

learned bodies or associations;

(l) the creation, composition and

functions of any other body which is

considered necessary for improving the

academic life of the University;

(m) the institution of fellowships,

scholarships, studentships, medals and

prizes;

(n) the setting up of a machinery for

redressal of grievances of employees and

students; and

(o) any other matter which, by this Act

or the Statutes, is to be or may be, provided

for by the Ordinances.

(2) The first Ordinances shall be made by

the Vice-Chancellor with previous approval of

the Executive Council and the Ordinances so

made may also be amended or repealed at any

time by the Executive Council in the manner

prescribed by the Statutes.

27. Regulations.— The authorities of the

University may make Regulations, consistent

with this Act, the Statutes and the Ordinances,

for the conduct of their own business and that

of the Committees, if any, appointed by them

and not provided for by this Act, the Statutes

or the Ordinances, in the manner prescribed

by the Statutes.

28. Annual report.— (1) The annual report

of the University shall be prepared under the

directions of Executive Council, which shall

include, among other matters, the steps taken

by the University towards the fulfilment of its

objects and shall be submitted to the Court

on or before such date as may be prescribed

by the Statutes and the Court shall consider

the report in its annual meeting.

(2) The Court shall submit the annual report

to the Central Government along with its

comments, if any.

(3) The Central Government shall, as soon

as may be, cause a copy of the annual report

to be laid before both the Houses of Parliament.

29. Annual accounts.— (1) The annual

accounts and balance-sheet of the University

shall be prepared under the directions of the

Executive Council and shall, once at least

every year and at intervals of not more than

fifteen months, be audited by the Comptroller

and Auditor-General of India or by such

persons as he may authorise in this behalf.

(2) A copy of the annual accounts together

with the audit report thereon shall be

submitted to the Court and the Central

Government along with the observations of the

Executive Council.

(3) Any observations made by the Central

Government on the annual accounts shall be

brought to the notice of the Court and the

observations of the Court, if any, shall, after

being considered by the Executive Council,

be submitted to the Central Government.

(4) The Central Government shall, as soon

as may be, cause the copy of the annual

accounts together with the audit report to be

laid before both the Houses of Parliament.

(5) The audited annual accounts after

having been laid before both the Houses of

Parliament shall be published in the Official

Gazette.

30. Fund of University.— (1) There shall be

a University Fund which shall include––

(a) any contribution or grant made by the

University Grants Commission or the

Central Government;

(b) any contribution or grant made by the

State Government;

(c)

any

contribution

made

Government,

semi-Government

autonomous bodies;

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(d) any loans, gifts, bequests, donations,

endowments or other grants, if any;

(e) income received by the University

from fees and charges;

(f) the moneys received by the University

from the collaborating industries in terms

of the provisions of the Memorandum of

Understanding entered between the

University and the industry for the

establishment of sponsored chairs,

fellowships or infrastructure facilities of the

University; and

(g) amounts received in any other manner

from any other source.

(2) All funds of the University shall be

deposited in such banks or invested in such

manner as the Board may decide on the

recommendation of the Finance Committee.

(3) The funds of the University shall be

applied towards the expenses of the University

including expenses incurred in the exercise

of its powers and discharge of its functions by

or under this Act.

31. Returns and information.— The

University shall furnish to the Central

Government such returns or other information

with respect to its property or activities, within

such period, as the Central Government may,

from time to time, require.

32. Conditions of service of employees, etc.—

(1) Every employee of the University shall be

appointed under a written contract, which

shall be lodged with the University and a copy

of which shall be furnished to the employee

concerned.

(2) Any dispute arising out of the contract

between the University and any employee

shall, at the request of the employee, be

referred to a Tribunal of Arbitration consisting

of one member appointed by the Executive

Council, one member nominated by the

employee concerned and an umpire

appointed by the Central Government.

(3) The decision of the Tribunal shall be final

and no suit shall lie in any civil court in respect

of the matters decided by the Tribunal:

Provided that nothing in this sub-section

shall preclude the employee from availing of

judicial remedies available under articles 32

and 226 of the Constitution.

(4) Every request made by the

employee under sub-section (2) shall

be deemed to be a submission to

arbitration upon the terms of this

section within the meaning of the

Arbitration and Conciliation Act,

1996.

(5) The procedure for regulating the work

of the Tribunal shall be prescribed by the

Statutes.

33. Procedure of appeal and arbitration in

disciplinary cases against students.— (1) Any

student or candidate for an examination

whose name has been removed from the rolls

of the University by the orders or resolution of

the Vice-Chancellor, Discipline Committee or

Examination Committee, as the case may be,

and who has been debarred from appearing

at the examinations of the University for more

than one year, may, within ten days of the date

of receipt of such orders or copy of such

resolution by him, appeal to the Executive

Council and the Executive Council may

confirm, modify or reverse the decision of the

Vice-Chancellor or the Committee, as the case

may be.

(2) Any dispute arising out of any

disciplinary action taken by the University

against a student shall, at the request of such

student, be referred to a Tribunal of Arbitration

and the provisions of sub-sections (2), (3), (4)

and (5) of section 32 shall, as far as may be,

apply to a reference made under this sub-

section.

34. Right to appeals.— Every employee or

student of the University or of a College or an

Institution or a Regional Centre or a Study

Centre established or maintained by the

University shall, notwithstanding anything

contained in this Act, have a right to appeal

to the Executive Council within such time, as

may be prescribed by the Statutes, against the

decision of any officer or authority of the

University, or of the Principal or the

26 of 1996.

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management of any College or Institution or

Regional Centre or Study Centre, as the case

may be, and thereupon, the Executive Council

may confirm, modify or reverse the decision

appealed against.

35. Provident and pension funds.— (1) The

University shall constitute for benefit of its

employees such provident fund or any other

similar fund or provide such insurance

schemes, as it may deem fit, in such manner

and subject to such conditions, as may be

prescribed by the Statutes.

(2) Where such provident fund or other

similar fund has been so constituted, the

Central Government may declare that the

provisions of the Provident Funds Act, 1925

shall apply to such fund, as if it were a

Government provident fund.

36. Disputes as to constitution of authorities

and bodies.— If any question arises as to

whether any person has been duly elected or

appointed as, or is entitled to be, a member of

any authority or other body of the University,

the matter shall be referred to the Central

Government whose decision thereon shall be

final.

37. Filling of casual vacancies.— All casual

vacancies among the members (other than ex

officio members) of any authority or other body

of the University shall be filled, as soon as may

be, by the person or body who appoints, elects

or co-opts the member whose place has

become vacant and the persons appointed,

elected or co-opted to a casual vacancy shall

be a member of such authority or body for the

residue of the term for which the person whose

place he fills would have been a member.

38. Proceedings of authorities or bodies not

invalidated by vacancies.— No act or

proceedings of any authority or other body of

the University shall be invalid merely by reason

of the existence of a vacancy or vacancies

among its members.

39. Protection of action taken in good

faith.— No suit or other legal proceedings shall

lie against any officer or other employee of the

University for anything which is in good faith

done or intended to be done in pursuance of

any of the provisions of this Act, the Statutes

or the Ordinances.

40. Mode of proof of University record.—

Notwithstanding anything contained in the

Indian Evidence Act, 1872 or in any other law

for the time being in force, a copy of any

receipt, application, notice, order, proceeding

or resolution of any authority or other body of

the University, or any other document in

possession of the University, or any entry in

any register duly maintained by the University,

if certified by the Registrar, shall be received

as prima facie evidence of such receipt,

application, notice, order, proceeding,

resolution or document or the existence of

entry in the register and shall be admitted as

evidence of the matters and transactions

therein where the original thereof would, if

produced, have been admissible in evidence.

41. Power to remove difficulties.— (1) If any

difficulty arises in giving effect to the

provisions of this Act, the Central Government

may, by order published in the Official Gazette,

make such provisions, not inconsistent with

the provisions of this Act, as appears to it to

be necessary or expedient for removing the

difficulty:

Provided that no such order shall be made

under this section after the expiry of three

years from the commencement of this Act.

(2) Every order made under sub-section (1)

shall be laid, as soon as may be after it is

made, before each House of Parliament, while

it is in session, for a total period of thirty days

which may be comprised in one session or in

two or more successive sessions, and if, before

the expiry of the session immediately following

the session or the successive sessions

aforesaid, both Houses agree in making any

modification in the order or both Houses agree

that the order should not be made, the order

shall thereafter have effect only in such

modified form or be of no effect, as the case

may be; so, however, that any such

modification or annulment shall be without

prejudice to the validity of anything previously

done under that order.

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42. Statutes, Ordinances and Regulations to

be published in the Official Gazette and to be

laid before Parliament.— (1) Every Statute,

Ordinance or Regulation made under this Act

shall be published in the Official Gazette.

(2) Every Statute, Ordinance or Regulation

made under this Act, shall be laid, as soon as

may be after it is made, before each House of

Parliament, while it is in session, for a total

period of thirty days which may be comprised

in one session or in two or more successive

sessions, and if, before the expiry of the session

immediately following the session or the

successive sessions aforesaid, both Houses

agree in making any modification in the

Statute, Ordinances or Regulations or both

Houses agree that the Statute, Ordinances or

Regulations should not be made, the Statute,

Ordinances or Regulations shall thereafter

have effect only in such modified form or be of

no effect, as the case may be; so, however, that

any such modification or annulment shall be

without prejudice to the validity of anything

previously done under the Statute, Ordinances

or Regulations.

(3) The power to make Statutes, Ordinances

or Regulations shall include the power to give

retrospective effect, from a date not earlier than

the date of commencement of this Act, to the

Statutes, Ordinances or Regulations or any of

them but no retrospective effect shall be given

to any Statutes, Ordinances or Regulations so

as to prejudicially affect the interests of any

person to whom such Statutes, Ordinances or

Regulations may be applicable.

43. Transitional provisions.— Notwithstanding

anything contained in this Act and the

Statutes,—

(a) the first Vice-Chancellor shall be

appointed by the Central Government in

such manner and on such conditions as may

be deemed fit and the said officer shall hold

office for such term, not exceeding five

years, as may be specified by the Central

Government;

(b) the first Registrar and the first Finance

Officer shall be appointed by the Central

Government and each of the said officers

shall hold office for a term of three years;

Council shall consist of not more than thirty-

one members and eleven members,

respectively, who shall be nominated by the

Central Government and shall hold office for

a term of three years; and

(d) the first Academic and Activity

Council shall consist of not more than

twenty-one members, who shall be

nominated by the Central Government and

they shall hold office for a term of three

years:

Provided that if any vacancy occurs in the

above offices or authorities, the same shall be

filled by appointment or nomination, as the

case may be, by the Central Government and

the person so appointed or nominated shall

hold office for so long as the officer or member

in whose place he is appointed or nominated

would have held office, if such vacancy had

not occurred.

44. Repeal and savings.— (1) The

National

Sports

University

Ordinance, 2018 is hereby repealed.

(2) Notwithstanding such repeal, anything

done or any action taken under the said

Ordinance shall be deemed to have been done

or taken under the corresponding provisions

of this Act.

THE SCHEDULE

[See section 25(1)]

The Statutes of the University

1. Chancellor.— (1) The Chancellor shall be

appointed by the Central Government from a panel

of names of not less than three persons recommended

by the Executive Council:

Provided that if the Central Government does not

approve any of the persons included in the panel, it

may call for an extended fresh panel.

(2) The Chancellor shall be an eminent person in

the field of sports who shall either be a sports person

himself or a Sports Administrator or a Sports

Academician.

Ord.

5 of 2018.

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(3) The Chancellor shall hold office for the term of

five years and shall not be eligible for re-

appointment:

Provided that notwithstanding the expiry of his

term of office, the Chancellor shall continue to hold

office until his successor enters upon his office.

2. Vice-Chancellor.— (1) The Vice-Chancellor shall

be appointed by the Central Government from out

of a panel of names recommended by a Committee

as constituted under clause (2):

Provided that if the Central Government does not

approve any of the persons included in the panel, it

may call for an extended fresh panel.

(2) The Committee referred to in clause (1) shall

consist of five persons, out of whom three shall be

nominated by the Executive Council and two by the

Central Government, and one of the nominees of the

Central Government shall be the convener of the

Committee:

Provided that none of the members of the

Committee shall be an employee of the University or

of a College or Institution or Regional Centre or Study

Centre established or maintained by the University

or a member of any authority of the University.

(3) The Vice-Chancellor shall be a whole-time

salaried officer of the University.

(4) The Vice-Chancellor shall hold office for a term

of five years from the date on which he enters upon

his office, or until he attains the age of seventy years,

whichever is earlier, and he shall not be eligible for

re-appointment:

Provided that notwithstanding the expiry of the

said period of five years, he shall continue in office

until his successor is appointed and enters upon his

office:

Provided further that the Central Government

may direct any Vice-Chancellor after his term has

expired, to continue in office for such period, not

exceeding a total period of one year, as may be

specified by it:

Provided also that when the office of the Vice-

Chancellor becomes vacant due to death,

resignation or otherwise, or, as the case may be, due

to illness or such other cause, the Executive Council

may appoint the senior-most Dean to perform the

functions of the Vice-Chancellor until a new Vice-

Chancellor is appointed or, as the case may be, the

existing Vice-Chancellor resumes his duties.

(5) Notwithstanding anything contained in clause

(4), the Central Government may, at any time after

the Vice-Chancellor has entered upon his office, by

an order in writing, remove the Vice-Chancellor from

office on grounds of incapacity, misconduct or

violation of statutory provisions:

Provided that no such order shall be made by the

Central Government unless the Vice-Chancellor has

been given a reasonable opportunity of showing

cause against the action proposed to be taken

against him:

Provided further that the Central Government

may, at any time before making such order, place the

Vice-Chancellor under suspension, pending enquiry.

(6) (a) The Vice-Chancellor shall be paid a monthly

salary and allowances, other than house rent

allowance, at the rates fixed by the Central

Government from time to time and he shall be

entitled, without payment of rent, to use a furnished

residence throughout his term of office and no

charge shall fall on the Vice-Chancellor in respect

of the maintenance of such residence.

(b) The Vice-Chancellor shall be entitled to such

terminal benefits and allowances as may be fixed by

the Central Government from time to time:

Provided that where an employee of the

University or of a College, Institution, Regional

Centre or Study Centre established or maintained

by the University, or of any other University or any

College or Institution admitted to the privileges of

the University or such other University, is appointed

as the Vice-Chancellor, he may be allowed to

continue to contribute to any provident fund of

which he is a member and the University shall

contribute to the account of such person in that

provident fund at the same rate at which the person

had been contributing immediately before his

appointment as the Vice-Chancellor:

Provided further that where such employee had

been a member of any pension scheme, the

University shall make the necessary contribution to

such scheme.

travelling allowance at such rates as may be fixed

by the Executive Council.

(d) The Vice-Chancellor shall be entitled to leave

on full pay at the rate of thirty days in a calendar

year and the leave shall be credited to his account

in advance in two half-yearly instalments of fifteen

days each on the first day of January and July every

year:

Provided that if the Vice-Chancellor assumes or

relinquishes charge of the office of the Vice-

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Chancellor during the currency of a half-year, the

leave shall be credited proportionately at the rate of

two and-a-half days for each completed month of

service.

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

(d), the Vice-Chancellor shall also be entitled to half-

pay leave at the rate of twenty days for each

completed year of service, and half-pay leave may

also be availed of as commuted leave on full pay on

medical certificate:

Provided that when such commuted leave is

availed of, twice the amount of half-pay leave shall

be debited against half-pay leave due.

3. Powers and duties of Vice-Chancellor.— (1) The

Vice-Chancellor shall be ex officio Chairman of the

Executive Council, the Academic and Activity

Council and the Finance Committee and shall, in

the absence of the Chancellor, preside at the

Convocations held for conferring degrees and at

meetings of the Court.

(2) The Vice-Chancellor shall be entitled to be

present at, and address, any meeting of any authority

or other body of the University, but shall not be

entitled to vote thereat unless he is a member of

such authority or body.

(3) It shall be the duty of the Vice-Chancellor to

see that this Act, the Statutes, the Ordinances and

the Regulations are duly observed and he shall have

all the powers necessary to ensure such observance.

(4) The Vice-Chancellor shall have all the powers

necessary for the proper maintenance of discipline

in the University and he may delegate any such

powers to such person or persons as he deems fit.

(5) The Vice-Chancellor shall have the power to

convene or cause to be convened the meetings of

the Executive Council, the Academic and Activity

Council and the Finance Committee.

4. Deans of Schools.— (1) Every Dean of School shall

be appointed by the Vice-Chancellor from amongst

the Professors in the School by rotation in order of

seniority for a period of three years:

Provided that in case there is only one Professor

or no Professor in a School, the Dean shall be

appointed, for the time being, from amongst the

Professor, if any, and the Associate Professors in the

School, by rotation in the order of seniority:

Provided further that a Dean on attaining the age

of sixty-five years shall cease to old office as such.

(2) When the office of the Dean is vacant or when

the Dean is, by reason of illness, absence or any other

cause, unable to perform duties of his office, the

duties of the office shall be performed by the senior-

most Professor or Associate Professor, as the case

may be, in the School.

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

shall be responsible for the conduct and

maintenance of the standards of teaching and

research in the School and shall have such other

functions as may be prescribed by the Ordinances.

(4) The Dean shall have the right to be present

and to speak at any meeting of the Boards of Sports

Studies or Committees of the School, as the case may

be, but shall not have the right to vote thereat unless

he is a member thereof.

5. Registrar.— (1) The Registrar shall be appointed

by the Executive Council on the recommendation of

a Selection Committee constituted for the purpose

and shall be whole-time salaried officer of

University.

(2) The Registrar shall be appointed for a term of

five years and shall be eligible for re-appointment.

(3) The emoluments and other terms and

conditions of service of the Registrar shall be such

as may be prescribed by the Executive Council from

time to time:

Provided that the Registrar shall retire on

attaining the age of sixty-two years.

(4) When the office of the Registrar is vacant or

when the Registrar is, by reason of illness, absence

or any other cause, unable to perform the duties of

his office, the duties of the office shall be performed

by such person as the Vice-Chancellor may appoint

for the purpose.

(5) (a) The Registrar shall have power to take

disciplinary action against such of the employees,

excluding teachers and other academic staff, as may

be specified in the order of the Executive Council

and to suspend them pending inquiry, to administer

warnings to them or to impose on them the penalty

of censure or the withholding of increment:

Provided that no such penalty shall be imposed

unless the person has been given a reasonable

opportunity of showing cause against the action

proposed to be taken in regard to him.

(b) An appeal shall lie to the Vice-Chancellor

against any order of the Registrar imposing any of

the penalties specified in sub-clause (a).

punishment beyond the power of the Registrar is

called for, the Registrar shall, upon the conclusion

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of the inquiry, make a report to the Vice-Chancellor

along with his recommendation:

Provided that an appeal shall lie to the Executive

Council against an order of the Vice-Chancellor

imposing any penalty.

(6) The Registrar shall be ex officio Secretary of

the Executive Council and the Academic and

Activity Council, but shall not be deemed to be

member of either of these authorities and he shall

be ex officio Member-Secretary of the Court.

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

(a) to be the custodian of the records, the

common seal and such other property of the

University as the Executive Council shall commit

to his charge;

(b) to issue all notices convening meetings of

the Court, the Executive Council, the Academic

and Activity Council and of any Committee

appointed by those authorities;

the Court, the Executive Council, the Academic

and Activity Council and of any Committees

appointed by those authorities;

(d) to conduct the official correspondence of

the Court, the Executive Council and the

Academic and Activity Council;

(e) to supply to the Central Government, copies

of the agenda of the meetings of the authorities of

the University as soon as they are issued and the

minutes of such meetings;

(f) to represent the University in suits or

proceedings by or against the University, sign

powers of attorney and verify pleadings or depute

his representative for the purpose; and

(g) to perform such other duties as may be

specified in the Statutes, the Ordinances or

Regulations or as may be required from time to

time by the Executive Council.

6. Finance Officer.— (1) The Finance Officer shall

be appointed by the Executive Council on the

recommendations of the Selection Committee

constituted for the purpose and shall be a whole-

time salaried officer of the University.

(2) The Finance Officer shall be appointed for a

term of five years and shall be eligible for re-

appointment.

(3) The emoluments and other terms and

conditions of service of the Finance Officer shall be

such as may be prescribed by the Executive Council

form time to time:

Provided that the Finance Officer shall retire on

attaining the age of sixty-two years.

(4) When the office of the Finance Officer is vacant

or when the Finance Officer is, by reason of illness,

absence or any other cause, unable to perform the

duties of his office, the duties of the office shall be

performed by such person as the Vice-Chancellor

may appoint for the purpose.

(5) The Finance Officer shall be ex officio Secretary

of the Finance Committee, but shall not be deemed

to be a member of such Committee.

(6) The Finance Officer shall—

(a) exercise general supervision over the funds

of the University and shall advise it as regards its

financial policy; and

(b) perform such other financial function as may

be assigned to him by the Executive Council or as

may be prescribed by the Statutes or the

Ordinances.

(7) Subject to the control of the Executive Council,

the Finance Officer shall—

(a) hold and manage the property and

investments of the University including trust and

endowed property;

(b) ensure that the limits fixed by the Executive

Council for recurring and non-recurring

expenditure for a year are not exceeded and that

all moneys are expended on the purpose for which

they are granted or allotted;

accounts and the budget of the University and

for their presentation to the Executive Council;

(d) keep a constant watch on the state of the

cash and bank balances and on the state of

investments;

(e) watch the progress of the collection of

revenues and advise on the methods of collection

employed;

(f) ensure that the registers of buildings, land,

furniture and equipment are maintained up to

date and that stock-checking is conducted, of

equipment and other consumable materials in all

offices, Departments, Centres and Specialised

Laboratories;

(g) bring to the notice of the Vice-Chancellor

any unauthorised expenditure and other

financial irregularities and suggest disciplinary

action against persons at fault; and

(h) call for, from any office, Department, Centre,

Laboratory, College, Institution, Regional Centre

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or Study Centre established or maintained by the

University, any information or returns that he may

consider necessary for the performance of his duties.

(8) Any receipt given by the Finance Officer or

the person or persons duly authorised in this behalf

by the Executive Council for any money payable to

University shall be sufficient discharge for payment

of such money.

7. Controller of Examinations.— (1) The Controller

of Examinations shall be appointed by the Executive

Council on the recommendations of a Selection

Committee constituted for the purpose and he shall

be a whole-time salaried officer of the University.

(2) The Controller of Examinations shall be

appointed for a term of five years and shall be eligible

for re-appointment.

(3) The emoluments and other terms and

conditions of service of the Controller of

Examinations shall be such as may be prescribed by

the Executive Council from time to time:

Provided that the Controller of Examinations shall

retire on attaining the age of sixty-two years.

(4) When the officer of the Controller of

Examinations is vacant or when the Controller of

Examinations is, by reason of illness, absence or any

other cause, unable to perform the duties of his office,

shall be performed by such person as the Vice-

Chancellor may appoint for the purpose.

(5) The Controller of Examinations shall arrange

for and superintend the examinations of the

University in the manner prescribed by the

Ordinances.

8. Librarian.— (1) The Librarian shall be appointed

by the Executive Council on the recommendations

of the Selection Committee constituted for the

purpose and he shall be a whole-time salaried officer

of the University.

(2) The Librarian shall exercise such powers and

perform such duties as may be assigned to him by

the Executive Council.

9. Constitution and meetings of Court.— (1) The

Court shall consist of the following members who

shall hold office for a period of three years, namely:—

(a) Ex officio Members:—

(i) the Chancellor;

(ii) the Vice-Chancellor;

(iii) the Proctor;

(iv) the Deans of Schools;

(v) the Dean of Students’ Welfare;

(vi) the Finance Officer;

(vii) one Senior Warden, by rotation;

(viii) the Librarian of the University;

(ix) the President, Alumni Association;

(b) other Members:

(i) Heads of Departments or Professors who

are members of the Academic and Activity

Council;

(ii) one representative from each institution

recognised by the university, nominated by the

Vice-Chancellor on recommendations of the

Head of the Institution;

(iii) not more than four persons from amongst

eminent sports scientists, sports academicians

and sports administrators to be nominated by

the Central Government;

(iv) not more than two persons representing

sports industry, to be nominated by the Central

Government;

(v) not more than ten persons from amongst

eminent sports persons and highly recognised

coaches to be nominated by the Central

Government;

Member Secretary.

(2) An annual meeting of the Court shall be held

on a date to be fixed by the Executive Council unless

some other date has been fixed by the Court in respect

of any year.

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

the working of the University during the previous

year, together with a statement of the receipts and

expenditure, the balance-sheet as audited, and

financial estimates for the next year shall be

presented.

(4) A copy of the statement of receipts and

expenditure, the balance-sheet and the financial

estimates referred to in clause (2) shall be sent to

every member of the Court at least seven days before

the date of the annual meeting.

(5) Special meetings of the Court may be convened

by the Executive Council or the Vice-Chancellor or

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

(6) Eleven members of the Court shall form a

quorum for a meeting of the Court.

10. Quorum for meeting of Executive Council.—

Seven members of the Executive Council shall form

a quorum for a meeting of the Executive Council.

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11. Constitution, powers and functions of

Executive Council.— (1) The Executive Council shall

consist of the following members to be nominated

by the Central Government who shall hold office for

a period of two years, namely:—

(a) Ex officio Members:

(i) the Vice-Chancellor;

(ii) the Proctor;

(iii) the Deans of Students’ Welfare;

(iv) the Additional Secretary and Financial

Advisor, Ministry of Youth Affairs and Sports;

(v) the Joint Secretary, Ministry of Youth

Affairs and Sports;

(vi)the Deans of Schools;

(b) Other Members:

(i) three Senior Professors by rotation;

(ii) four persons from amongst sports

scientists, sports administrators, eminent

sports persons and distinguished coaches.

(2) The Executive Council shall have the power of

management and administration of the revenue and

property of the University and the conduct of all

administrative affairs of the University not otherwise

provided for.

(3) Subject to the provision of this Act, the

Statutes and the Ordinances, the Executive Council

shall, in addition to all other powers vested in it,

have the following powers, namely:—

(i) to create teaching and other academic posts

including Chairs, to determine the number and

emoluments of such posts and to define the duties

and conditions of service of Professors, Associate

Professors, Assistant Professors and other

academic staff:

Provided that no action shall be taken by the

Executive Council in respect of the number and

qualifications of teachers and other academic staff

otherwise than after consideration of the

recommendations of the Academic and Activity

Council;

(ii) to appoint such Professors, Associate

Professors, Assistant Professors and other

academic staff including Chair, as may be

necessary, on the recommendation of the Selection

Committee constituted for the purpose and to fill

up temporary vacancies therein;

(iii) to promote interfacial research by making

joint appointments of teaching staff in different

Schools, Department and Centres;

(iv) to create administrative, ministerial and

other necessary posts and to define their duties

and conditions of their service and to make

appointments thereto in the manner prescribed

by the Ordinances;

(v) to grant leave of absence to any officer of

the University other than the Chancellor and the

Vice-Chancellor, and to make necessary

arrangements for the discharge of the functions

of such officer during his absence;

(vi) to regulate and enforce discipline among

employees in accordance with the Statutes and

the Ordinances;

(vii) to manage and regulate the finances,

accounts, investments, property, business and all

other administrative affairs of the University and

for that purpose to appoint such agents as it may

think fit;

(viii) to fix limits on the total recurring and the

total non-recurring expenditure for a year on the

recommendation of the Finance Committee;

(ix) to invest any money belonging to the

University, including any unapplied income, in

such stocks, funds, share or securities, from time

to time, as it may think fit or in the purchase of

immovable property in India, with the like powers

of varying such investment from time to time;

(x) to transfer or accept transfers of any

movable or immovable property on behalf of the

University;

(xi) to provide buildings, premises, furniture

and apparatus and other means needed for

carrying on the work of the University;

(xii) to enter into, vary, carry out and cancel

contracts on behalf of the University;

(xiii) to entertain, adjudicate upon, and if

thought fit, to redress any grievances of the

employees and students of the University who

may, for any reason, feel aggrieved;

(xiv) to appoint examiners and moderators and,

if necessary, to remove them, and to fix their fees,

emoluments and travelling and other allowances,

after consulting the Academic and Activity

Council;

(xv) to select a common seal for the University

and provide for the use of such seal;

(xvi) to make such special arrangements as

may be necessary for the residence of women

students;

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(xvii) to institute fellowships, scholarships,

studentships, medals and prizes;

(xviii) to provide for the appointment of Visiting

Professors, Emeritus Professors, Consultants and

Scholars and determine the terms and conditions

of such appointments;

(xix) to enter into partnership with industry

and non-Government agencies for the

advancement of knowledge and establish a

corpus of funds out of the profits of such

partnership; and

(xx) to exercise such other powers and perform

such other duties as may be conferred or imposed

on it by this Act or these Statutes.

12. Members of Academic and Activity Council and

quorum for meeting.— (1) The members of the

Academic and Activity Council shall include sports

persons who have achieved distinction in Olympics

or world championships.

(2) Nine members of the Academic and Activity

Council shall form quorum for the meeting of the

Academic and Activity Council.

13. Powers and functions of Academic and Activity

Council.— Subject to the provisions of this Act, the

Statutes and the Ordinances, the Academic and

Activity Council shall, in addition to all other powers

vested in it, have the following powers, namely:—

(a) to exercise general supervision over the

academic policies of the University and to give

directions regarding methods of instruction, co-

ordination of teaching among the Colleges,

Institutions, Regional Centres and Study Centres

and evaluation of research and improvement of

academic standards;

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

ordination and to establish or appoint such

committees or boards as may be deemed necessary

for the purpose;

interest either on its own initiative, or on a

reference by a School or the Executive Council,

and to take appropriate action thereon;

(d) to frame such regulations and rules

consistent with the Statutes and the Ordinances

regarding the academic functioning of the

University, discipline, residence, admissions,

award of fellowships and studentships, fees,

concessions, corporate life and attendance.

14. Schools of Studies and Departments.— (1) The

University shall have such Schools of Studies as may

be specified in the Statutes.

(2) Every School shall have a School Board and

the members of the first School Board shall be

nominated by the Executive Council for a period of

three years.

(3) The composition, powers and functions of a

School Board shall be prescribed by the Ordinances.

(4) The conduct of the meetings of a School Board

and the quorum required for such meetings shall be

prescribed by the Ordinances.

(5) (a) Every School shall consist of such

Departments as may be assigned to it by the

Ordinances:

Provided that the Executive Council may, on the

recommendation of the Academic and Activity

Council, establish Centres of Studies to which may

be assigned such teachers of the University as the

Executive Council may consider necessary.

(b) Each Department shall consist of the following

members, namely:—

(i) teachers of the Department;

(ii) persons conducting research in the

Department;

(iii) Dean of the School;

(iv) Honorary Professors, if any, attached to the

Department; and

(v) such other persons as may be members of

the Department in accordance with the provisions

of the Ordinances.

15. Board of Sports Studies.— (1) Each Department

shall have a Board of Sports Studies.

(2) The term of office of the Board of Sports Studies

and of its members shall be prescribed by the

Ordinances.

(3) Subject to the overall control and supervision

of the Academic and Activity Council, the functions

of a Board of Sports Studies shall be to approve

subjects for research for various degrees and other

requirements of research degrees and to recommend

to the concerned School Board in the manner

prescribed by the Ordinances,—

(a) courses of studies and appointment of

examiners for courses, but excluding research

degrees;

(b) appointment of supervisors for research;

and

standard of teaching and research:

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Provided that the above functions of a Board of

Sports Studies shall, during the period of three years

immediately after the commencement of this Act,

be performed by the Department.

16. Finance Committee.— (1) The Finance

Committee shall consist of the following members,

namely:—

(i) the Vice-Chancellor;

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

(iii) three persons to be nominated by the

Executive Council, out of whom at least one shall

be a member of the Executive Council; and

(iv) three persons to be nominated by the

Central Government.

(2) Five members of the Finance Committee shall

form a quorum for a meeting of the Finance

Committee.

(3) All the members of the Finance Committee,

other than ex officio members, shall hold office for a

term of three years.

(4) A member of the Finance Committee shall have

the right to record a minute of dissent if he does not

agree with any decision of the Finance Committee.

(5) The Finance Committee shall meet at least

thrice every year to examine the accounts and to

scrutinise proposals for expenditure.

(6) All proposals relating to creation of posts, and

those items which have not been included in the

budget, shall be examined by the Finance

Committee before they are considered by the

Executive Council.

(7) The annual accounts and the financial

estimates of the University prepared by the Finance

Officer shall be laid before the Finance Committee

for consideration and comments and thereafter

submitted to the Executive Council for approval.

(8) The Finance Committee shall recommend

limits for the total recurring expenditure and the

total non-recurring expenditure for the year, based

on the income and resources of the University (which,

in the case of productive works, may include the

proceeds of loans).

17. Selection Committees.— (1) There shall be

Selection Committees for making recommendations

to the Executive Council for appointment to the post

of Professor, Associate Professor, Assistant Professor,

Registrar, Finance Officer, Controller of

Examinations, Librarian and Principals of Colleges,

Institutions, Regional Centres and Study Centres

established or maintained by the University.

(2) The Selection Committee for appointment to

the posts specified in column 1 of the Table below

shall consist of the Vice-Chancellor, a nominee of

the Central Government and the persons specified

in the corresponding entry in column 2 of the said

Table:

TABLE

Professor.

(i) The Dean of the School.

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

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

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

Academic and Activity Council for their special knowledge of, or

interest in, the subject with which the Professor will be concerned.

Associate Professor/

(i) The head of the Department.

Assistant Professor.

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

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

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

Academic and Activity Council for their special knowledge of, or

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

Professor will be concerned.

Registrar/Finance Officer/

(i) Two members of the Executive Council nominated by it. Controller of

/Controller of Examination.

Examination.

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

Executive Council.

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Librarian.

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

knowledge of the subject of the Library Science or Library

Administration nominated by the Executive Council.

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

Executive Council.

Principal of College or

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

Institution maintained

nominated by the Executive Council and one by the Academic and

by the University.

Activity Council for their special knowledge of, or interest in, a subject

in which instruction is being provided by the College or Institution.

Note 1: Where the appointment is being made for an

inter-disciplinary project, the head of the project shall be

deemed to be the Head of the Department concerned.

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

Chancellor shall be a Professor concerned with the

speciality for which the selection is being made and the

Vice-Chancellor shall consult the Head of the Department

and the Dean of the School before nominating the Professor.

(3) The Vice-Chancellor shall convene and preside

at the meeting of the Selection Committee:

Provided that the meeting of the Selection

Committee shall be fixed after prior consultation

with, and subject to the convenience of the Central

Government’s nominee and the experts nominated

by the Executive Council:

Provided further that the proceedings of the

Selection Committee shall not be valid unless,—

(a) where the number of the Central

Government’s nominee and the persons

nominated by the Executive Council is four in all,

at least three of them attend the meeting; and

(b) where the number of the Central

Government’s nominee and the persons

nominated by the Executive Council is three in

all, at least two of them attend the meeting.

(4) The procedure to be followed by the Selection

Committee shall be laid down in the Ordinances.

(5) If the Executive Council is unable to accept

the recommendations made by the Selection

Committee, it shall record its reasons and submit the

case to the Central Government for final orders.

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

(i) if the temporary vacancy is for duration

longer than one academic session, be filled on

the advice of the Selection Committee in

accordance with the procedure indicated in the

foregoing clauses:

Provided that if the Vice-Chancellor is

satisfied that in the interests of work it is

necessary to fill the vacancy, the appointment

may be made on a purely temporary basis on

the advice of a local Selection Committee

referred to in sub-clause (ii) for a period not

exceeding six months;

(ii) if the temporary vacancy is for a period

less than a year, be made on the

recommendation of a local Selection Committee

consisting of the Dean of the School concerned,

the Head of the Department and a nominee of

the Vice-Chancellor:

Provided that if the same person holds the

offices of the Dean and the Head of the

Department, the Selection Committee

may contain two nominees of the Vice-

-Chancellor:

Provided further that in the case of sudden

casual vacancies of teaching posts caused by

death or any other reason, the Dean may, in

consultation with the Head of the Department

concerned, make a temporary appointment for

a month and report to the Vice-Chancellor and

the Registrar about such appointment.

(b) No teacher appointed temporarily shall, if

he is not recommended by a regular Selection

Committee for appointment under the Statutes,

be continued in service on such temporary

employment, unless he is subsequently selected

by a local Selection Committee or a regular

Selection Committee, for a temporary or

permanent appointment, as the case may be.

18. Special mode of appointment.— (1)

Notwithstanding anything contained in Statute 17,

the Executive Council may invite a person of high

academic distinction and professional attainments

to accept a post of Professor or Associate Professor

or any other equivalent academic post in the

University on such terms and conditions as it deems

fit and on the person agreeing to do so appoint him

to the post:

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Provided that the Executive Council may also

create supernumerary posts for a specified period

for appointment of such persons:

Provided further that the number of

supernumerary posts so created should not exceed

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

(2) The Executive Council may appoint a teacher

or any other academic staff working in any other

University or organistion for undertaking a joint

project in accordance with the manner laid down in

the Ordinances.

19. Appointment for fixed tenure.— The Executive

Council may appoint a person selected in accordance

with the procedure laid down in Statute 17 for a fixed

tenure on such terms and conditions as it deems fit.

20. Committees.— (1) An authority of the

University may appoint as many standing or special

committees as it may deem fit, and may appoint to

such committees persons who are not members of

such authority.

(2) A committee appointed under clause (1) may

deal with any subject delegated to it subject to

subsequent confirmation by the authority

appointing it.

21. Terms and conditions of service and code of

conduct of teachers, etc.— (1) All the teachers and

other academic staff of the University shall, in the

absence of any agreement to the contrary, be

governed by the terms and conditions of service and

code of conduct as are specified in the Statutes, the

Ordinances and the Regulations.

(2) The emoluments of members of the academic

staff shall be such as may be prescribed by the

Ordinances.

(3) Every teacher and member of the academic

staff of the University shall be appointed on a written

contract, the form of which shall be prescribed by

the Ordinances.

(4) A copy of every contract referred to in clause

(3) shall be deposited with the Registrar.

22. Terms and conditions of service and code of

conduct of other employees.— (1) All the employees

of the University, other than the teachers and other

academic staff shall, in the absence of any contract

to the contrary, be governed by the terms and

conditions of service and code of conduct as are

specified in the Statutes, the Ordinances and the

Regulations.

(2) The manner of appointment and emoluments

of employees, other than the teachers and other

academic staff, shall be such as may be prescribed

by the Ordinances.

23. Seniority list.— (1) Whenever, in accordance

with the Statutes, any person is to hold an office or

be a member of an authority of the University by

rotation according to seniority, such seniority shall

be determined according to the length of continuous

service of such person in his grade and in accordance

with such other principles as the Executive Council

may, from time to time, prescribe.

(2) It shall be the duty of the Registrar to prepare

and maintain in respect of each class of persons to

whom the provisions of these Statutes apply, a

complete and up-to-date seniority list in accordance

with the provisions of clause (1).

(3) If two or more persons have equal length of

continuous service in a particular grade or the

relative seniority of any person or persons is

otherwise in doubt, the Registrar may, on his own

motion and shall, at the request of any such person,

submit the matter to the Executive Council whose

decision thereon shall be final.

24. Removal of employees of University.— (1) Where

there is an allegation of misconduct against a

teacher, a member of the academic staff or other

employee of the University, the Vice-Chancellor, in

the case of the teacher or a member of the academic

staff, and the authority competent to appoint

(hereinafter referred to as the appointing authority)

in the case of other employee may, by order in

writing, place such teacher, member of the academic

staff or other employee, as the case may be, under

suspension and shall forthwith report to the

Executive Council the circumstances in which the

order was made:

Provided that the Executive Council may, if it is of

the opinion, that the circumstances of the case do

not warrant the suspension of the teacher or a

member of the academic staff, revoke such order.

(2) Notwithstanding anything contained in the

terms of the contract of appointment or of any other

terms and condition of service of the employees, the

Executive Council in respect of teachers and other

academic staff, and the appointing authority in

respect of other employees, shall have the power to

remove a teacher or a member of the academic staff

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

misconduct.

(3) Save as aforesaid, the Executive Council, or as

the case may be, the appointing authority, shall not

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be entitled to remove any teacher, member of the

academic staff or other employee except for a good

cause and after giving three months’ notice or on

payment of three months’ salary in lieu thereof.

(4) No teacher, member of the academic staff or

other employee shall be removed under clause (2) or

clause (3) unless he has been given a reasonable

opportunity of showing cause against the action

proposed to be taken in regard to him.

(5) The removal of a teacher, member of the

academic staff or other employee shall take effect

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

Provided that where the teacher, member of the

academic staff or other employee is under

suspension at the time of his removal, such removal

shall take effect from the date on which he was

placed under suspension.

(6) Notwithstanding anything contained in the

foregoing provisions of the Statute, a teacher,

member of the academic staff or other employee may

resign,—

(a) if he is a permanent employee, only after

giving three months’ notice in writing to the

Executive Council or the appointing authority, as

the case may be, or by paying three months’ salary

in lieu thereof;

(b) if he is not a permanent employee, only after

giving one month’s notice in writing to the

Executive Council or, as the case may be, the

appointing authority or by paying one month’s

salary in lieu thereof:

Provided that such resignation shall take effect

only on the date on which the resignation is

accepted by the Executive Council or the appointing

authority, as the case may be.

25. Honorary degrees.— (1) The Executive Council

may, on the recommendation of the Academic and

Activity Council and by a resolution passed by a

majority of not less than two-thirds of the members

present and voting, make proposals to the Central

Government for the conferment of honorary degrees:

Provided that in case of emergency, the Executive

Council may, on its own motion, make such

proposals.

(2) The Executive Council may, by a resolution

passed by a majority of not less than two-thirds of

the members present and voting, withdraw, with the

previous sanction of the Central Government, any

honorary degree conferred by the University.

26. Withdrawal of degrees, etc.— The Executive

Council may, by a resolution passed by a majority of

not less than two-thirds of the members present and

voting, withdraw a degree or academic distinction

conferred on, or any certificate or diploma granted

to, any person by the University for good and

sufficient cause:

Provided that no such resolution shall be passed

until a notice in writing has been given to that

person calling upon him to show cause within such

time as may be specified in the notice as to why

such a resolution should not be passed and until his

objections, if any, and any evidence he may produce

in support of them, have been considered by the

Executive Council.

27. Maintenance of discipline amongst students of

University.— (1) All powers relating to the

maintenance of discipline and disciplinary action

in relation to the students of the University shall

vest in Vice-Chancellor.

(2) There shall be Proctor of the University to assist

the Vice-Chancellor in the exercise of the powers

referred to in clause (1), who shall be appointed by

the Executive Council from amongst the Professors

and Associate Professors in the manner prescribed

by the Ordinances.

(3) The Vice-Chancellor may delegate all or any of

the powers referred to in clause (1), as he deems

proper, to the Proctor and to such other officers as

he may specify in this behalf.

(4) Without prejudice to the generality of his

powers relating to the maintenance of discipline and

taking such action, as may seem to him appropriate

for the maintenance of discipline, the Vice-

Chancellor may, in exercise of such powers, by order,

direct that any student or students be expelled or

rusticated, for a specified period, or be not admitted

to a course or courses of study in a College,

Institution or Regional Centre or a Department or a

School of the University for a stated period, or be

punished with fine for an amount to be specified in

the order, or be debarred from taking an examination

or examinations conducted by the University,

College, Institution or Regional Centre or

Department or a School for one or more years, or that

the results of the student or students concerned in

the examination or examinations in which he or they

have appeared be withheld or cancelled.

(5) The Principals of Colleges, Institutions, Deans

of Schools of Studies and Heads of teaching

Departments in the University shall have the

authority to exercise all such disciplinary powers

over the students in their respective Colleges,

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Institutions, Schools and teaching Departments in

the University, as may be necessary for the proper

conduct of such Colleges, Institution, Schools and

teaching Departments.

(6) Without prejudice to the powers of the Vice-

Chancellor and the Principals and other persons

specified in clause (5), detailed rules of discipline

and proper conduct shall be made by the University

and the Principals of Colleges, Institutions, Deans of

Schools of Studies and Heads of teaching

Departments in the University may also make such

supplementary rules as they deem necessary for the

purposes stated therein.

(7) At the time of admission, every student shall

be required to sign a declaration to the effect that

he submits himself to the disciplinary jurisdiction of

the Vice-Chancellor and other authorities of the

University.

28. Convocations.— Convocations of the

University for the conferring of degrees or for other

purposes shall be held in such manner as may be

prescribed by the Ordinances.

29. Acting Chairman of meetings.— Where no

provision is made for Chairman to preside over a

meeting of any authority of the University or any

Committee of such authority or when the Chairman

so provided for is absent, the members present shall

elect one from among themselves to preside at such

meeting.

30. Resignation.— Any member, other than an ex

officio member of the Court, the Executive Council,

the Academic and Activity Council or any other

authority of the University or any Committee of such

authority may resign by letter addressed to the

Registrar and the resignation shall take effect as

soon as such letter is received by the Registrar.

31. Disqualification.— (1) A person shall be

disqualified for being chosen as, and for being, a

member of any of the authorities, or for being

appointed as, and for being, an officer, of the

University if—

(i) he is of unsound mind;

(ii) he is an undischarged insolvent; or

(iii) he has been convicted by a court of law of

an offence involving moral turpitude and

sentenced in respect thereof to imprisonment for

not less than six months.

(2) If any question arises as to whether a person is

or had been subjected to any of the disqualifications

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

referred to the Central Government and its decision

shall be final and no suit or other proceeding shall

lie in any civil court against such decision.

32. Residence conditions for membership and

office.— Notwithstanding anything contained in the

Statutes, a person who is not ordinarily resident in

India shall not be eligible to be an officer of the

University or a member of any authority of the

University.

33. Membership of authorities by virtue of

membership of other bodies.— Notwithstanding

anything contained in the Statutes, a person who

holds any post in the University or is a member of

any authority or body of the University in his

capacity as a member of a particular authority or

body or as the holder of a particular appointment

shall hold such office or membership only for so long

as he continues to be a member of that particular

authority or body or the holder of that particular

appointment, as the case may be.

34. Alumni Association.— (1) There shall be an

Alumni Association for the University.

(2) The subscription for membership of the Alumni

Association shall be prescribed by the Ordinances.

(3) No member of the Alumni Association shall be

entitled to vote or stand for election unless he has

been a member of the Association for at least one

year prior to the date of election and is a degree

holder of the University of at least five years standing:

Provided that the condition relating to the

completion of one year’s membership shall not apply

in the case of the first election.

35. Students Council.— (1) There shall be

constituted in the University, a Students’ Council

for every academic year, consisting of,—

(i) the Dean of Students’ Welfare who shall be

the Chairman of the Students’ Council;

(ii) twenty students to be nominated by the

Academic and Activity Council on the basis of

merit in studies, sports and extra-curricular

activities; and

(iii) twenty students to be elected by the

students as their representatives:

Provided that any student of the University shall

have the right to bring up any matter concerning

the University before the Students’ Council, if so

permitted by the Chairman, and he shall have the

right to participate in the discussions at any meeting

when the matter is taken up for consideration.

(2) The functions of the Students’ Council shall

be to make suggestions to the appropriate

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authorities of the University in regard to the

programmes of studies, students’ welfare and other

matters of importance, in regard to the working of

the University in general and such suggestions shall

be made on the basis of consensus of opinion.

(3) The Students’ Council shall meet at least twice

in every academic year and the first meeting of the

Council be held in the beginning of the academic

session.

36. Ordinances how to be made.— (1) The first

Ordinances made under sub-section (2) of section

26 may be amended or repealed at any time by the

Executive Council in the manner specified in the

following clauses.

(2) No Ordinances in respect of the matters

enumerated in sub-section (1) of section 26 of this

Act shall be made by the Executive Council unless a

draft of such Ordinances has been proposed by the

Academic and Activity Council.

(3) The Executive Council shall not have power to

amend any draft of any Ordinances proposed by the

Academic and Activity Council under clause (2), but

may reject the proposal or return the draft to the

Academic and Activity Council for re-consideration,

either in whole or in part, together with any

amendment which the Executive Council may

suggest.

(4) Where the Executive Council has rejected or

returned the draft of an Ordinances proposed by the

Academic and Activity Council, the Academic and

Activity Council may consider the question afresh

and in case the original draft is reaffirmed by a

majority of not less than two-thirds of the members

present and voting and more than half of the total

number of members of the Academic and Activity

Council, the draft may be sent back to the Executive

Council which shall either adopt it or refer it to the

Central Government whose decision shall be final.

(5) Every Ordinance made by the Executive

Council shall come into effect immediately.

(6) Every Ordinance made by the Executive

Council shall be submitted to the Central

Government within two weeks from the date of its

adoption.

(7) The Central Government shall have the power

to direct the University to suspend the operation of

any Ordinance.

(8) The Central Government shall inform the

Executive Council about its objection to the

Ordinances referred to in clause (7) and may, after

receiving the comments of the University, either

withdraw the order suspending the Ordinances or

disallow the Ordinances, and its decision shall be

final.

37. Regulations.— (1) The authorities of the

University may make Regulations consistent with

this Act, the Statutes and the Ordinances for the

following matters, namely:—

(i) laying down the procedure to be observed

at their meeting and the number of members

required to form a quorum;

(ii) providing for all matters which are required

by this Act, the Statutes or the Ordinances, to be

prescribed by Regulations; and

(iii) providing for all other matters solely

concerning such authorities or committees

appointed by them and not provided for by this

Act, the Statutes or the Ordinances.

(2) Every authority of the University shall make

Regulations providing for the giving of notice to the

members of such authority of the dates of meeting

and of the business to be considered at meetings

and for the keeping of a record of the proceedings of

meetings.

(3) The Executive Council may direct the

amendment in such manner as it may specify of any

Regulation made under the Statutes or the

annulment of any such Regulation.

38. Delegation of powers.— Subject to the

provisions of this Act and the Statutes, any officer or

authority of the University may delegate his or its

powers to any other officer or authority or person

under his or its respective control and subject to the

condition that overall responsibility for the exercise

of the powers so delegated shall continue to vest in

the officer or authority delegating such powers.

_________

Notificationn

10/4/2019-LA-120

The Aadhaar and Other Laws (Amendment)

Ordinance, 2019 (Ordinance No. 9 of 2019),

which has been promulgated by the President

in the Seventieth Year of the Republic of India

and published in the Gazette of India,

Extraordinary, Part II, Section I, dated

2-3-2019, is hereby published for the general

information of the public.

Julio B. Noronha, Joint Secretary (Law).

Porvorim, 4th April, 2019.

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207

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 2nd March, 2019/Phalguna

11, 1940 (Saka)

THE AADHAAR AND OTHER LAWS

(AMENDMENT) ORDINANCE, 2019

No. 9 of 2019

Promulgated by the President in the Seven-

tieth Year of the Republic India.

And Ordinance to amend the Aadhaar

(Targeted Delivery of Financial and Other

Subsidies, Benefits and Services) Act, 2016

and further to amend the Indian Telegraph

Act, 1885 and the Prevention of Money-

-laundering Act, 2002.

Whereas the Aadhaar and other Laws

(Amendment) Bill, 2019 was passed by the

House of the People on the 4th day of

January, 2019 and is pending in the Council

of States;

And whereas parliement is not in session

and the President is satisfied that circum-

stances exist which render it necessary for

him to take immediate action;

Now, thereafore, in exercise of the powers

conferred by clause (1) of article 123 of the

Constitution, the President is pleased to

promulagate the following Ordinanace:—

PART I

Preliminary

1. Short title and commencement.— (1)

This Ordinance may be called the Aadhaar

and other Laws (Amendment) Ordinance,

2019.

(2) It shall come into force at once.

PART II

Amedments to the Aadhaar (Targeted delivery of

Financial and Other Subsidies, Benefits and

Services) Act, 2016

2. Amendment of section 2.— In

section 2 of the Aadhaar (Targeted

Delivery of Financial and Other

Subsidies, Benefits and Services)

Act, 2016 (hereafter in this Part

referred to as the principal Act),—

(i) for clause (a), the following clause

shall be substituted, namely:—

‘(a) “Aadhaar number” means an iden-

tification number issued to an individual

under sub-section (3) of section 3, and

includes any alternative virtual identity

generated under sub-section (4) of that

section’;

(ii) after clause (a), the following clause

shall be inserted, namely:—

‘(aa) “Aadhaar ecosystem” includes

enrolling agencies, Registrars, request-

ing entities, offline verification-seeking

entities and any other entity or group

of entities as may be specified by regu-

lations;’;

(iii) after clause (b), the following clauses

shall be inserted, namely:—

‘(ba) “Adjudicating Officer” means an

adjudicating officer appointed under

sub-section (1) of section 33B;

(bb) “Appellate Tribunal” means the

Appellate Tribunal referred to in sub-

-section (1) of section 33C;’;

(iv) after clause (i), the following clause

shall be inserted, namely:—

‘(ia) “child” means a person who has

not completed eighteen years of age;’;

(v) after clause (p), the following clauses

shall be inserted, namely:—

‘(pa) “offline verification” means the

process of verifying the identity of the

Aadhaar

number

holder

without

authentication, through such offline

modes as may be specified by

regulations;

(pb) “offline verification-seeking

entity” means any entity desirous of

undertaking offline verification of an

Aadhaar number holder;’.

3. Amendment of section 3.— In section

3 of the principal Act, after sub-section (3),

the following sub-section shall be inserted,

namely:—

“(4) The Aadhaar number issued to an

individual under sub-section (3) shall be

18 of 2016.

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a twelve-digit identification number and

any alternative virtual identity as an

alternative to the actual Aadhaar number

of an individual that shall be generated by

the Authority in such manner as may be

specified by regulations.”.

4. Insertion of new section 3A.— After

section 3 of the principal Act, the following

section shall be inserted, namely:—

“3A. Aadhaar number of children.— (1)

The enrolling agency shall, at the time of

enrolment of a child, seek the consent of

the parent or guardian of the child, and

inform the parent or guardian, the details

specified under sub-section (2) of section 3.

(2) A child who is an Aadhaar number

holder may, within a period of six months

of attaining the eighteen years of age,

make an application to the Authority for

cancellation of his Aadhaar number, in

such manner as may be specified by

regulations and the Authority shall cancel

his Aadhaar number.

(3) Notwithstanding anything in section

7, a child shall not be denied any subsidy,

benefit or service under that section in

case of failure to establish his identity by

undergoing authentication, or furnishing

proof of possession of Aadhaar number, or

in the case of a child to whom no Aadhaar

number has been assigned, producing an

application for enrolment.”.

5. Amendment of section 4.— In section

4 of the principal Act, for sub-section (3), the

following sub-section shall be substituted,

namely:—

“(3) Every Aadhaar number holder to

establish his identity, may voluntarily use

his Aadhaar number in physical or

electronic form by way of authentication

or offline verification, or in such other form

as may be notified, in such manner as may

be specified by regulations.

Explanation.— For the purposes of this

section, voluntary use of the Aadhaar

number by way of authentication means

the use of such Aadhaar number only with

the informed consent of the Aadhaar

number holder.

(4) An entity may be allowed to perform

authentication, if the Authority is satisfied

that the requesting entity is—

(a) compliant with such standards of

privacy and security as may be speci-

fied by regulations; and

(b) (i) permitted to offer authentica-

tion services under the provisions of

any other law may by Parliament; or

(ii) seeking authentication for such

purpose, as the Central Government in

consultation with the Authority, and in

the interest of State, may prescribe.

(5) The Authority, may, by regulations,

decide whether a requesting entity shall

be permitted the use of the actual Aadhaar

number during authentication or only an

alternative virtual identity.

(6) Every requesting entity to whom an

authentication request is made by an

Aadhaar number holder under sub-section

(3) shall inform to the Aadhaar number

holder of alternate and viable means of

identification and shall not deny any service

to him for refusing to, or being unable to,

undergo authentication.

(7) Notwithstanding anything contained

in the foregoing provisions, mandatory

authentication of an Aadhaar number

holder for the provision of any service

shall take place if such authentication is

required by a law made by Parliament.”.

6. Amendment of section 8.— In section

8 of the principal Act,—

(a) in sub-section (2),—

(i) in clause (a), after the words

“consent of an individual”, the words

“or in the case of a child obtain the

consent of his parent or guardian” shall

be inserted;

(ii) after clause (b), the following

proviso shall be inserted, namely:—

“Provide that the requesting entity

shall, in case of failure to authenticate

due to illness, injury or infirmity awing

to old age or otherwise or any

technical or other reasons, provide

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such alternate and viable means of

identification of the individuals, as

may be specified by regulations.”;

(b) in sub-section (3), after the words

“for authentication,” the words “or in the

case of a child, his parent or guardian”

shall be inserted.

7. Insertion of new section 8A.— After

section 8 of the principal Act, the following

section shall be inserted, namely:—

“8A. Offline verification of Aadhaar

number.— (1) Every offline verification of

an Aadhaar number holder shall be

performed in accordance with the

provisions of this section.

(2) Every offline verification-seeking

entity shall,—

(a)

before

performing

offline

verification, obtain the consent of an

individual, or in the case of a child, his

parent or guardian, in such manner as

may be specified by regulations; and

(b) ensure that the demographic in-

formation or any other information col-

lected from the individual for offline

verification is only used for the purpose

of such verification.

(3) An offline verification-seeking entity

shall inform the individual undergoing

offline verification, or in the case of a child,

his parent or guardian the following details

with respect to offline verification, in such

manner as may be specified by regulations,

namely:—

(a) the nature of information that may

be shared upon offline verification;

(b) the uses to which the information

received during offline verification may

be put by the offline verification-seeking

entity; and

information requested for, if any.

(4) No offline verification-seeking entity

shall—

(a) subject an Aadhaar number holder

to authentication;

(b) collect, use, or store an Aadhaar

number or biometric information of any

individual for any purpose;

obligation on it as may be specified by

regulations.”.

8. Substitution of new section for section

21.— For section 21 of the principal Act, the

following section shall be substituted,

namely:—

“21. Officers and other employees of

Authority.— (1) The Authority shall

appoint such officers and employees as

may be required for the discharge of its

functions under this Act.

(2) The salaries and allowances payable

to, and the other terms and conditions of

service of, the officers and employees of

the Authority shall be such as may be

specified by regulations.”.

9. Insertion of new section 23A.— After

section 23 of the principal Act, the following

section shall be inserted, namely:—

“23A. Power of Authority to issue direc-

tions.— (1) The Authority may for the

discharge of its functions under this Act,

or any rules or regulations made thereun-

der, by order, issue such directions from

time to time to any entity in the Aadhaar

ecosystem, as it may consider necessary.

(2) Every direction issued under sub-

-section (1) shall be complied with by the

entity in the Aadhaar ecosystem to whom

such direction is issued.”.

10. Substitution of new section for section

25.— For section 25 of the principal Act, the

following section shall be substituted,

namely:—

“25. Fund.—(1) There shall be consti-

tuted a Fund to be called the Unique

Identification Authority of India Fund and

there shall be credited thereto—

(a) all grants, fees and charges re-

ceived by the Authority under this Act;

and

(b) all sums received by the Authority

from such other sources as may be

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decided upon by the Central Govern-

ment.

(2) The Fund shall be applied for meet-

ing—

(a) the salaries and allowances

payable to the Chairperson and mem-

bers and administrative expenses in-

cluding the salaries, allowances and

pension payable to or in respect of

officers and other employees of the

Authority; and

(b) the expenses on objects and for

purposes authorised by this Act.”.

11. Amendment of section 29.— In section

29 of the principal Act,—

(a) for sub-section (3), the following sub-

-section shall be substituted, namely:—

“(3) No identity information available

with a requesting entity or offline

verification-seeking entity shall be—

(a) used for any purposes, other

than the purposes informed in writing

to the individual at the time of

submitting any informatioon for

authentication or offline verification;

(b) disclosed for any purpose, other

than purposes informed in writing to

the individual at the time of

submitting any information for

authentication or offline verification:

Provided that the purposes under

clauses (a) and (b) shall be in clear and

precise language understandable to the

individual.”;

(b) in sub-section (4), for the words “or

core biometric information”, the words “,

demographic information or photograph”

shall be substituted.

12. Amendment of section 33.— In section

33 of the principal Act,—

(i) in sub-section (1),—

(a) for the words “District Judge”, the

words “Judge of a High Court” shall be

substituted;

(b) in the proviso, after the words

“hearing to the Authority”, the words

“and the concerned Aadhaar number

holder” shall be inserted;

proviso shall be inserted, namely:—

“Provided further that the core

biometric information shall not be

disclosed under this sub-section.”.

(ii) in sub-section (2), for the words

“Joint Secretary”, the word “Secretary”

shall be substituted.

13. Insertion of new Chapter VIA.— After

Chapter VI of the principal Act, the following

Chapter shall be inserted, namely:—

“CHAPTER VIA

Civil Penalties

33A. Penalty for failure to comply with

provisions of this Act, rules, regulations and

directions.— (1) Where an entity in the

Aadhaar ecosystem fails to comply with the

provision of this Act, the rules or regulations

made thereunder or directions issued by the

Authority under section 23A, or fails to

furnish any information, document, or return

of report required by the Authority, such

entity shall be liable to a civil penalty which

may extend to one crore rupees for each

contravention and in case of a continuing

failure, with additional penalty which may

extend to ten lakh rupees for every day

during which the failure continues after the

first contravention.

(2) The amount of any penalty imposed

under this section, if not paid may be

recovered as if it were an arrear of land

revenue.

33B. Power to adjudicate.— (1) For the

purposes of adjudication under section 33A

and imposing a penalty thereunder, the

Authority shall appoint an officer of the

Authority, who is not below the rank of a

Joint Secretary to the Government of India

and possessing such qualification and

experience as may be prescribed, to be an

Adjudicating Officer for holding an inquiry

in such manner as may be prescribed.

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(2) No inquiry under sub-section (1) shall

be initiated except by a complaint made by

the Authority.

(3) While holding an inquiry, the

Adjudicating Officer shall—

(a) provide the entity in the Aadhaar

ecosystem against whom complaint is

made, an opportunity of being heard;

(b) have the power to summon and

enforce the attendance of any person

acquainted

with

the

facts

and

circumstances of the case to give evidence

or to produce any document which, in the

opinion of the Adjudicating Officer, may be

useful for or relevant to the subject matter

of the inquiry.

(4) If the Adjudicating Officer, on such

inquiry, is satified that the entity in the

Aadhaar ecosystem has failed to comply

with any provision of this Act or the rules

or regulations made thereunder or directions

issued by the Authority under section 23A,

or has failed to furnish any information,

document, or return of report required by

the Authority, the Adjucating Officer may, by

order, impose such penalty under section

33A as he thinks fit.

33C.— 1. Appeals to Appellate

Tribunal.— (1) The Telecom Dispute

Settlement and Appellate Tribunal

esablished under section 14 of the

Telecom Regulatory Authority of

India Act, 1997, shall be Appellate

Tribunal for the purposes of hearing

appelas against the decision of the

Adjudicating Officer under this Act.

(2) A person or entity in the Aadhaar

ecosystem aggrieved by an order of the

Adjudicating Officer under section 33B, may

prefer an appeal to the Appellate Tribunal

within a period of forty-five days from the

date of receipt of the order appealed against,

in such form and manner and accompanied

with such fee as may be prescribed:

Provided that the Appellate Tribunal may

entertain an appeal after the expiry of the

said period of forty-five days if it is satisfied

that there was sufficient cause for not filing

it within that period.

(3) On receipt of an appeal under sub-

section (2), the Appellate Tribunal may, after

giving the parties to the appeal an

opportunity of being heard, pass such orders

thereon as it thinks fit, confirming, modifying

or setting aside the order appealed against.

(4) The Appellate Tribunal shall send a

copy of every order made by it to the parties

to the appeal and to the Adjudicating Officer.

(5) Any appeal filed under sub-section (2)

shall be dealt with by the Appellate Tribunal

as expeditiously as possible and every

endeavour shall be made by it to dispute of

the appeal within six months from the date

on which it is presented to it.

(6) The Appellate Tribunal may, for the

purpose of deciding an appeal before it, call

for the records relevant to disposing of such

appeal and make such orders as it thinks fit.

33D. Procedure and powers of

the Appeallate Tribunal.— The

provisions of sections 14-I to 14K

(both inclusive), 16 and 17 of the

Telecom Regulatory Authority of

India Act, 1997 shall, mutatis

mutandis, apply to the Appellate

Tribunal in the discharge of its

functions under this Act, as they

apply to it in the discharge of its

functions under that Act.

33E. Appeal to Supreme Court of

India.—

(1)

Notwithstanding

anything contained in the Code of

Civil Procedure, 1908 or in any

other law for the time being in

force, an appeal shall lie against

any order, not being an interlocutory

order, of the Appellate Tribunal to

the

Supreme

Court

any

substantial question of law arising

out of such order.

(2) No appeal shall lie against any decision

or order made by the Appellate Tribunal

which the parties have consented to.

(3) Every appeal under this section shall

be preferred within a period of forty-five

days from the date of the decision or order

appealed against:

24 of 1997.

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Provided that the Supreme Court may

entertain an appeal after the expiry of the

said period of forty-five days if it is satisfied

that there was sufficient cause for not filing

it within that period.

33F. Civil court not to have jurisdiction.—

No civil court shall have jurisdiction to

entertain any suit or proceeding in respect

of any matter which an Adjudicating Officer

appointed under this Act or the Appellate

Tribunal is empowered, by or under this Act

to determine, and no injunction shall be

granted by any court or other authority in

respect of any action taken or be taken in

pursuance of any power conferred by or

under this Act.”.

14. Amendment of section 38.— In section

38 of the principal Act, for the words “three

years” the words “ten years” shall be

substituted.

15. Amendment of section 39.— In section

39 of the principal Act, for the words “three

years”, the words “ten years” shall be

substituted.

16. Substitution of new section for section

40.— For section 40 of the principal Act, the

following section shall be substituted,

namely:—

“40. Penalty for unauthorised use by

requesting entity or offline verification-

seeking entity.— Whoever,—

(a) being a requesting entity, uses the

identity information of an information of

an individual in contravention of sub-

-section (2) of section 8; or

(b) being an offline verification-seeking

entity, uses the identity information of

an individual in contravention of sub-

-section (2) of section 8A,

shall be punishable with imprisonment

which may extend to three years or

with a fine which may extend to ten

thousand rupees or, in the case of a

company, with a fine which may extend

to one lakh rupees or with both.”.

17. Amendment of section 42.— In section

42 of the principal Act, for the words “one

year”, the words “three years” shall be

substituted.

18. Amendment of section 47.— In section

47 of the principal Act, in sub-section (1),

the following proviso shall be inserted,

namely:—

“Provided that the court may, on a

complaint made by an Aadhaar number

holder or individual take cognizance of

any offence punishable under section 34

or 35 or 36 or 37 or 40 or section 41.”.

19. Insertion of new section 50A.— After

section 50 of the principal Act, the following

section shall be inserted, namely:—

“50A. Exemption of Tax of

income.— Notwithstanding any-

thing contained in the Income

Tax Act, 1961 or any other

enactment for the time being in

force relating to tax on income,

profits or gains, the Authority

shall not be liable to pay income

tax or any other tax in respect

of its income, profits or gains.”.

20. Amedment of section 51.— In section

51 of the principal Act, for the words

“Member, officer”, the words “Member or

officer” shall be substituted.

21. Amendment of section 53.— In section

53 of the principal Act, in sub-section (2),—

(i) after clause (a), the following clause

shall be inserted, namely:—

“(aa) the purpose for which the

requesting entity may be allowed by the

Authority to perform authentication

under sub-clause (ii) of clause (b) of

sub-section (4) of section 4;”;

(ii) after clause (g), the following clauses

shall be inserted, namely:—

“(ga) the qualification and experience

of, and the manner of appointment of,

the Adjudicating Officer under sub-

section (1) of section 33B;

“(gb) the form, manner, and fee for

an appeal to be filed under sub-section

(2) of section 33C;”.

43 of 1961.

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22. Amendment of section 54.— In section

54 of the principal Act, in sub-section (2),—

(i) for clause (a), the following clause

shall be substituted, namely:—

“(a) the entities or group of entities

in the Aadhaar ecosystem under clause

(aa), the biometric information under

clause (g) and the demographic

information under clause (k), the process

of collecting demograhic information

and biometric information from the

individuals by enrolling agencies under

clause (m), and the modes of offline

verification of Aadhaar number holder

under clause (pa) of secton 2;”;

(ii) after clause (b), the following clauses

shall be inserted, namely:—

“(ba) the manner of generating

alternative virtual identity under sub-

-section (4) of section 3;

(bb) the manner in which cancellation

of an Aadhaar number may be carried

out under sub-section (2) of section 3A.”;

(iii) after clause (c), the following clauses

shall be inserted, namely:—

“(ca) standards of privacy and security

to be complied with by the requesting

entities under sub-section (4) of

section 4;

(cb) the classification of requesting

entities under sub-section (5) of

section 4;”;

(iv) after clause (f), the following clauses

shall be inserted, namely:—

“(fa) the alternate and viable means

of identification of individual under the

proviso to clause (b) of sub-section (2)

of section 8;

(fb) the manner of obtaining consent

under clause (a) of sub-section (2), the

manner of providing information to the

individual undergoing offline verification

under sub-section (3), and the obligations

of offline verification-seeking entities

under clause (c) of sub-section (4), of

section 8A;”.

23. Omission of section 57.— Section 57

of the principal Act shall be omitted.

PART III

Amendment to the Indian Telegraph Act, 1885

24. Amendment of section 4 of

Act 13 of 1885.— In section 4 of the

Indian Telegraph Act, 1885, after

sub-section (2), the following sub-

-sections

shall

inserted,

namely:—

‘(3) Any person who is granted a licence

under the first proviso to sub-section (1) to

establish, maintain or work a telegraph

within any part of India, shall identify any

person to whom it provides its services by—

(a) authentication under the

Aadhaar (Targeted Delivery of

Financial and Other Subsidies,

Benefits and Services) Act, 2016;

(b) offline verification under

the Aadhaar (Targeted Delivery

of Financial and Other Subsidies,

Benefits and Services) Act, 2016;

section 4 of the Passports Act,

1967; or

(d) use of any other officially valid

document or modes of identification as

may be notified by the Central Government

in this behalf.

(4) If any person who is granted a license

under the first proviso to sub-section (1) to

establish, maintain or work a telegraph

within any part of India is using

authentication under clause (a) of sub-section

(3) to identify any person to whom it provides

its services, it shall make the other modes

of identification under clauses (b) to (d) of

sub-section (3) also available to such person.

(5) The use of modes of identification

under sub-section (3) shall be a voluntary

choice of the person who is sought to be

identified and no person shall be denied any

service for not having an Aadhaar number.

13 of 1885.

18 of 2016.

15 of 1967.

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(6) If, for identification of a person,

authentication under clause (a) of sub-section

(3) is used, neither his core biometric

information nor the Aadhaar number of the

person shall be stored.

(7) Nothing contained in sub-sections (3),

(4) and (5) shall prevent the Central

Government

from

specifying

further

safeguards and conditions for compliance by

any person who is granted a licence under

the first proviso to sub-section (1) in respect

of identification of person to whom it provides

its services.

Explanation.— The expressions

“Aadhaar number” and “core

biometric information” shall have

the

same

meanings

are

respectively assigned to them in

clauses (a) and (j) of section 2 of

the Aadhaar (Targeted Delivery of

Financial and Other Subsidies,

Benefits and Services) Act, 2016.’.

PART IV

Amendment to the prevention of Money-

Laundering Act, 2002

25. Insertion of new section

11A.— In chapter IV of the

Prevention of Money-laundering

Act, 2002 (hereafter in this Part,

referred to as the principal Act),

before section 12, the following

section shall be inserted, namely:—

‘11A. Verification of Indetity by Reporting

Entity.— (1) Every Reporting entity shall

verify the identity of its clients and the

beneficial owner, by—

(a) authentication under the

Aadhaar (Targeted Delivery of

Financial and Other Subsidies,

Benefits and Services) Act, 2016

if the reporting entity is a banking

company; or

(b) offline verification under

the Aadhaar (Targeted Delivery

of Financial and Other Subsidies,

Benefits and Services) Act, 2016;

section 4 of the Passports Act,

1967; or

(d) use of any other officially valid

document or modes of identification as

may be notified by the Central Government

in this behalf:

Provided

that

the

Central

Government may, if satisfied that a

reporting entity other than banking

company, complies with such

standards of privacy and security

under the Aadhaar (Targeted

Delivery of Financial and Other

Subsidies, Benefits and Services)

Act, 2016, and it is necessary and

expendient to do so, by notification,

permit such entity to perform

authentication under clause (a):

Provided

further

that

notification under the first proviso

shall be issued without consultation

with the Unique Identification

Authority of India established under

sub-section (1) of section 11 of the

Aadhaar (Targeted Delivery of

Financial and Other Subsidies,

Benefits and Services) Act, 2016

and the appropriate regulator.

(2) If any reporting entity performs

authentication under clause (a) of sub-section

(1), to verify the identity of its client or the

beneficial owner it shall make the other

modes of identification under clauses (b), (c)

and (d) of sub-section (1) also available to

such client or the beneficial owner.

(3) The use of modes of identification

under sub-section (1) shall be a voluntary

choice of every client or beneficial owner

who is sought to be identified and no client

or beneficial owner shall be denied services

for not having an Aadhaar number.

(4) If, for identification of a client or

beneficial owner, authentication or offline

18 of 2016.

15 of 2002.

15 of 1967.

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verification under clause (a) or clause (b) of

sub-section (1) is used, neither his core

biometric information nor his Aadhaar

number shall be stored.

(5) Nothing in this section shall prevent

the Central Government from notifying

additional safeguards on any reporting entity

in respect of verification of the identity of its

client or beneficial owner.

Explanation.— The expressions

“Aadhaar number” and “core

biometric information” shall have

the

same

meanings

are

respectively assigned to them in

clauses (a) and (j) of section 2 of

the Aadhaar (Targeted Delivery of

Financial and Other Subsidies,

Benefits and Services) Act, 2016.’.

26. Amendment of section 12.— In section

12 of the principal Act, in sub-section (1),

clauses (c) and (d) shall be omitted.

27. Amendment of section 73.— In section

73 of the principal Act, in sub-section (2),

clauses (j) and (jj) shall be omitted.

RAM NATH KOVIND

President

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

————

Notification

10/4/2019-LA-121

The New Delhi International Arbitration

Centre Ordinance, 2019 (Ordinance No. 10 of

2019), which has been promulgated by the

President in the Seventieth Year of the

Republic of India and published in the Gazette

of India, Extraordinary, Part II, Section I, dated

2-3-2019, is hereby published for the general

information of the public.

Julio B. Noronha, Joint Secretary (Law).

Porvorim, 4th April, 2019.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 2nd March, 2019/Phalguna

11, 1940 (Saka)

THE NEW DELHI INTERNATIONAL

ARBITRATION CENTRE

ORDINANCE, 2019

No. 10 of 2019

Promulgated by the President in the

Seventieth Year of the Republic of India.

An Ordinance to provide for the

establishment and incorporation of New Delhi

International Arbitration Centre for the

purpose of creating an independent and

autonomous regime for institutionalised

arbitration and for acquisition and transfer

of the undertakings of the International

Centre for Alternative Dispute Resolution

and to vest such undertakings in the New

Delhi International Arbitration Centre for the

better management of arbitration so as to

make it a hub for institutional arbitration and

to declare the New Delhi International

Arbitration Centre to be an institution of

national importance and for matters

connected therewith or incidental thereto;

Whereas dispute resolution process has a

huge impact on the Indian economy and

global perception on doing business in our

country and it has become necessary to

inspire confidence and credibility among the

litigants of commercial disputes;

And whereas rapidly changing economic

activity demands expeditious settlement of

disputes and creation and establishment of

institutional arbitration;

And whereas the International

Centre for Alternative Dispute

Resolution was set-up in the year

1995, under the aegis of the Central

Government and registered under

the Societies Registration Act, 1860,

with the objective of promoting

alternative dispute resolution

mechanism and providing facilities

for the same;

18 of 2016.

21 of 1860.

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And whereas the International Centre for

Alternative Dispute Resolution has received

land and substantial funding by way of

grants and other benefits from the Central

Government for constructing infrastructure

and making other facilities;

And whereas the International Centre for

Alternative Dispute Resolution has not been

able to actively engage and embrace

developments in the arbitration ecosystem

and to create a reputation par excellence

keeping pace with the dynamic nature of

arbitration over more than two decades;

And whereas studies conducted by the

High Powered Committee appointed by the

Central Government indicate that the

International Centre for Alternative Dispute

Resolution has failed to address the growing

needs of the institutional arbitration and also

to bear optimum caseload and to become

better choice to the parties for arbitration;

And whereas it has become expedient to

take over the undertakings of the International

Centre for Alternative Dispute Resolution

including its regional offices without

interfering with its activities and without

adversely affecting its character as a Society

but to utilise its existing infrastructure and

other facilities which have been set-up by

using the public funds provided by the

Government and to incorporate a robust

institution for domestic and international

arbitration to be known as the New Delhi

International Arbitration Centre;

And whereas it is considered necessary

to declare the New Delhi International

Arbitration Centre as an institution of national

importance for its overall development as a

major arbitration hub by promoting quick

and efficient dispute resolution mechanism;

And whereas the New Delhi International

Arbitration Centre Bill, 2018, to provide for

the aforesaid matter, has been introduced in

the House of the People on the 5th day of

January, 2018 and passed by the House of

the People on the 4th day of January, 2019

and is pending in the Council of States;

And whereas the New Delhi International

Arbitration Centre Bill, 2019 could not be

taken up for consideration and passing in

the Council of the States;

And whereas Parliament is not in session

and the President is satisfied that

circumstances exist which render it

necessary for him to take immediate action;

Now, therefore, in exercise of the powers

conferred by clause (1) of article 123 of the

Constitution, the President is pleased to

promulgate the following Ordinance:-

CHAPTER I

Preliminary

1. Short title and commencement.— (1)

This Ordinance may be called the New Delhi

International Arbitration Centre Ordinance,

2019.

(2) It shall come into force at once.

2. Definitions.— (1) In this Ordinance,

unless the context otherwise requires,

(a) “Chairperson” means the Chairperson

of the Centre referred to in clause (a) of

section 5;

(b) “Chief Executive Officer” means the

Chief Executive Officer appointed under

section 21;

(c)

“Committee”

means

relevant

Committee of the Centre referred to in

section 19;

(d) “Centre” means the New Delhi

International Arbitration Centre established

and incorporated under section 3;

(e) “Custodian” means the person who

is appointed as Custodian under sub-

-section (2) of section 11 in respect of the

undertakings;

(f) “Fund” means the Fund of the Centre

to be maintained under section 25;

(g) “Member” means Full-time or Part-

time Member of the Centre and includes

the Chairperson;

(h) “notification” means a notification

published in the Official Gazette;

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(i) “prescribed” means prescribed by

rules made by the Central Government

under this Ordinance;

(j) “regulations” means the regulations

made by the Centre under this Ordinance;

(k)

“Society”

means

the

International

Centre

for

Alternative Dispute Resolution,

registered as such under the

Societies Registration Act, 1860,

and having its registered office at

New Delhi;

(l) “specified date” means the date as

may be specified by the Central

Government by notification;

(m) “undertakings” means the under-

takings of the Society which vests with the

Central Government under section 7.

(2)

All

other

words

and

expressions used herein but not

defined

and

defined

the

Arbitration and Conciliation Act,

1996, shall have the same meanings

as assigned to them in that Act.

CHAPTER II

Establishment and Incorporation of New Delhi

International Arbitration Centre

3. Establishment and incorporation of New

Delhi International Arbitration Centre.— (1)

The Central Government shall, by notification,

establish a body to be called the New Delhi

International Arbitration Centre for the

purposes of exercising the powers and

discharging the functions under this

Ordinance.

(2) The Centre shall be a body corporate

by the name aforesaid, having perpetual

succession and a common seal with power,

subject to the provisions of this Ordinance,

to acquire, hold and dispose of property,

both movable and immovable, and to enter

into contract, and shall, by the said name,

sue or be sued.

4. Declaration of New Delhi International

Arbitration Centre as an institution of national

importance.— (1) Whereas, the objects of the

New Delhi International Arbitration Centre

are such as to make it as an institution of

national importance, it is hereby declared

that the New Delhi International Arbitration

Centre is an institution of national

importance.

(2) The head office of the Centre shall be

at New Delhi and it may with the previous

approval of the Central Government, establish

branches at other places in India and abroad.

5. Composition of Centre.— The Centre

shall consist of the following Members,

namely;—

(a) a person, who has been a Judge of

the Supreme Court or a Judge of a High

Court or an eminent person, having special

knowledge and experience in the conduct

or administration of arbitration, law or

management appointed by the Central

Government in consultation with the Chief

Justice of India—Chairperson;

(b) two eminent persons having

substantial knowledge and experience in

institutional arbitration, both domestic and

international, appointed by the Central

Government—Full-time

Part-time

Members;

body of commerce and industry, chosen

on rotational basis by the Central

Government—Part-time Member;

(d) Secretary, Department of Legal

Affairs, Ministry of Law and Justice or his

representative not below the rank of the

Joint Secretary—Member, ex-officio;

(e) one Financial Adviser nominated by

the Department of Expenditure, Ministry

of Finance—Member, ex-officio; and

(f) Chief Executive Officer —Member,

ex-officio.

6. Terms and conditions etc., of Chairperson

and Members.— (1) The Chairperson and

Members shall hold office for a term of three

years from the date on which they enter

21 of 1860.

26 of 1996.

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upon their office and shall be eligible for

re-appointment:

Provided that no Chairperson or Member

shall hold office as such after he has attained

the age of seventy years in the case of

Chairperson and sixty-seven years in the

case of a Member.

(2) The terms and conditions, salary and

allowances payable to the Chairperson and

Full-time Member shall be such as may be

prescribed.

(3) The term of office of a Member

appointed to fill a casual vacancy shall be

for the remainder of the term of the Member

in whose place he has been appointed.

(4) The Part-time Member shall be entitled

to such travelling and other allowances as

may be prescribed.

CHAPTER III

Acquisition and transfer of undertakings of

Society

7. Transfer and vesting.— On and from the

specified date, so much of the undertakings

of the Society as form part of, or are relatable

to the Society, and the right, title and interest

of the Society in relation to such

undertakings, shall, by virtue of this

Ordinance, stand transferred to, and vest in

the Central Government.

8. General effect of vesting.— (1) The

undertakings vested under section 7 shall be

deemed to include all assets, rights,

leaseholds, powers, authorities and privileges,

and all property (movable and immovable),

including lands, buildings, works, projects,

instruments, automobiles and other vehicles,

cash balances, Funds including reserve funds,

investments and book debts of the Society

as form part of, or are relatable to, the

Society and all other rights and interest

arising out of such properties as were

immediately before the commencement of

this Ordinance in the ownership, possession,

power or control of the Society, and all books

of account, registers and all other documents

of whatever nature relating thereto.

(2) All properties and assets as aforesaid

which have vested in the Central Government

under section 7 shall, by force of such

vesting, be freed and discharged from any

trust, obligation, mortgage, charge, lien and

all other encumbrances affecting them or of

any attachment, injunction, decree or order

of any court or other authority restricting the

use of such properties or assets in any

manner or appointing any receiver in respect

of the whole or any part of such properties

or assets shall be deemed to have been

withdrawn.

(3) Any licence or other instrument granted

to the Society in relation to any undertaking

which has vested in the Central Government

under section 7 at any time before the

specified date and in force immediately before

the specified date, shall continue to be in

force on and after such day in accordance

with its tenor in relation to and for the

purpose of such undertaking or where the

undertaking is directed under section 10, to

vest in the Centre, the Centre shall be

deemed to be substituted in such licence or

other instrument as if such licence or other

instrument had been granted to the Centre

and the Centre shall hold it for the remainder

of the period which the Society would have

held it under the terms thereof.

(4) If, on the specified date, any suit,

appeal or other proceeding, of whatever

nature, in relation to any property or asset

which has vested in the Central Government

under section 7, instituted or preferred by

or against the Society is pending, the same

shall not abate, be discontinued or be, in any

way, prejudicially affected by reason of the

transfer of the undertaking of the Society of

anything contained in this Ordinance, but

the suit, appeal or other proceeding may be

continued, prosecuted or enforced by or

against the Central Government or where

the undertakings of the Society are directed

under section 10, to vest in the Centre, by

or against the Centre.

9. Liability prior to specified date.— Every

liability in relation to any undertaking in

respect of any period prior to the specified

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date, shall be enforceable against the Society

and not against the Central Government.

10. Power of Central Government to direct

vesting of undertaking in Centre.— (1)

Notwithstanding anything contained in

sections 7 and 8, the Central Government

shall, as soon as may be after the specified

date, direct by notification, that the

undertakings and the right, title and interest

of the Society in relation to such undertakings

which had vested in the Central Government

under section 7, shall, vest in the Centre

either non the date of publication of the

notification or on such earlier or later date

as may be specified in the notification.

(2) Where the right, title and interest of

the Society in relation to the undertakings

vest, under sub-section (1), in the Centre,

the Centre shall, on and from the date of

such vesting, be deemed to have become

the owner in relation to such undertakings

and the rights and liabilities of the Central

Government in relation to such undertakings

shall, on and from the date of such vesting,

be deemed to have become, the rights and

liabilities, respectively, of the Centre.

11. Management, etc., of the under-

-takings.— (1) The general superintendence,

direction, control and management of affairs

of the undertakings, the right, the interest

in relation to which have vested in the

Central Government under section 7, shall—

(a) where a direction has been made by

the Central Government under sub-section

(1) of section 10, vest in the Centre; or

(b) where no such direction has been

made by the Central Government, vest in

the Custodian appointed by the Central

Government under sub-section (2),

and, thereupon, the Centre or the

Custodian so appointed, as the case may

be, shall be entitled to exercise all such

powers and do all such things as the

Society, is authorised to exercise and do

in relation to its undertakings.

(2) The Central Government may appoint

any person as the Custodian of the

undertakings in relation to which no direction

has been made by it under sub-section (1)

of section 10.

(3) The Custodian so appointed shall

receive such remuneration as the Central

Government may fix and shall hold office

during the pleasure of the Central

Government.

12. Duties of persons in charge of

management of undertakings to deliver all

assets.— (1) On the vesting of the

management of the undertakings in the

Centre or on the appointment of a Custodian

under sub-section (2) of section 11, all

persons in charge of management of the

undertakings immediately before such

vesting or appointment shall be bound to

deliver to the Centre or Custodian, as the

case may be, all assets, books of account,

registers and other documents in their

custody relating to the undertakings.

(2) The Central Government may issue

such directions as it may deem desirable in

the circumstances of the case to the

Custodian as to the powers and duties of the

Custodian and such Custodian may also, if

it is considered necessary so to do, apply

to the Central Government at any time for

instructions as to the manner in which the

management of the undertaking shall be

conducted or in relation to any other matter

arising in the course of such management.

(3) Any person who on the specified date,

has in his possession or under his control,

any books, documents or other papers relating

to the undertakings shall be liable to account

for the said books, documents or other

papers to the Central Government or the

Custodian or the Centre, as the case may be,

and shall deliver them to the Central

Government or the Custodian or the Centre

or to such person or body of persons as the

Central Government or the Centre may

specify in this behalf.

(4) The Central Government or the Centre

may take or cause to be taken, all necessary

steps for securing possession of all

undertakings which have vested in the

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Central Government or the Centre under this

Ordinance.

(5) The Society shall, within such period

as the Central Government may allow in this

behalf, furnish to that Government a complete

inventory of all its properties and assets, as

on the commencement of this Ordinance

pertaining to the undertaking and for this

purpose, the Central Government or

Custodian or the Centre shall afford to the

Society, or body all reasonable facilities.

13. Certain powers of Central Government

or Centre.— The Central Government or the

Custodian or the Centre shall be entitled to

receive up to the specified date, to the

exclusion of all other persons, any money

due to the Society in relation to its

undertakings which have vested in the

Central Government or Custodian or the

Centre, as the case may be, and realised

after the commencement of this Ordinance,

notwithstanding that the realisation pertains

to a period prior to the commencement of

this Ordinance.

14. Objects of Centre.— The objects of the

Centre shall be—

(a) to bring targeted reforms to develop

itself as a flagship institution for conducting

international and domestic arbitration;

(b) to promote research and study,

providing teaching and training, and

organising conferences and seminars in

arbitration, conciliation, mediation and

other alternative dispute resolution matters;

assistance for conciliation, mediation and

arbitral proceedings;

(d) to maintain panels of accredited

arbitrators, conciliators and mediators both

at national and international level or

specialists such as surveyors and

investigators;

(e) to collaborate with other national

and

international

institutions

and

organisations for ensuring credibility of

the Centre as a specialised institution in

arbitration and conciliation;

(f) to set-up facilities in India and abroad

to promote the activities of the Centre;

(g) to lay down parameters for different

modes of alternative dispute resolution

mechanisms being adopted by the Centre;

and

(h) such other objectives as it may deem

fit with the approval of the Central

Government.

15. Functions of Centre.— Without

prejudice to the provisions contained in

section 14 the Centre shall strive,—

(a)

facilitate

for

conducting

international and domestic arbitrations and

conciliation in the most professional

manner;

(b) to provide cost effective and timely

services for the conduct of arbitrations

and

conciliations

national

and

international level;

alternative dispute resolution and related

matters and to promote reforms in the

system of settlement of disputes;

(d) to undertake teaching and to provide

for diffusion of knowledge of law and

procedures on alternative dispute resolution

and related matters and to award

certificates and other academic or

professional distinction;

(e) to impart training in alternative

dispute resolution and related matters to

those who are handling arbitration,

conciliation and mediation;

(f) to cooperate with other Societies,

institutions and organisations, national or

international for promoting alternative

dispute resolution; and

(g) to perform such other functions as

may be entrusted to it by the Central

Government for promoting alternative

dispute resolution.

16. Vacancies, etc., not to invalidate

proceedings of Centre.— No act or proceeding

of the Centre shall be invalid merely by

reason of—

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(a) any vacancy in, or any defect in the

constitution of, the Centre; or

(b) any defect in the appointment of a

person acting as a Member of the Centre;

the Centre not affecting the merits of the

case.

17. Resignation of members.— The

Chairperson or the Full-time or Part-time

Member may, by notice in writing, under his

hand addressed to the Central Government,

resign his office:

Provided that the Chairperson or the Full-

-time Member shall, unless he is permitted

by the Central Government to relinquish his

office sooner, continue to hold office until the

expiry of three months from the date of

receipt of such notice or until a person duly

appointed as his successor enters upon his

office or until the expiry of his term of office,

whichever is earlier.

18. Removal of member.— (1) The Central

Government may, remove a Member from

his office if he—

(a) is an un-discharged insolvent; or

(b) has engaged at any time (except

Part-time Member), during his term of

office, in any paid employment; or

which, in the opinion of the Central

Government, involves moral turpitude; or

(d) has acquired such financial or other

interest as is likely to affect prejudicially

his functions as a Member; or

(e) has so abused his position as to

render his continuance in office prejudicial

to the public interest; or

(f) has become physically or mentally

incapable of acting as a Member.

(2) Notwithstanding anything contained in

sub-section (1), no Member shall be removed

from his office on the grounds specified in

clauses (d) and (e) of that sub-section unless

the Supreme Court on a reference being

made to it in this behalf by the Central

Government, has, on an inquiry, held by it

in accordance with such procedure as may

be prescribed in this behalf by the Supreme

Court, reported that the Member, ought on

such ground or grounds to be removed.

19. Committees of Centre.— (1) The Centre

may constitute such Committees as may be

considered necessary to administer various

aspects of its functions.

(2) The composition and functions of the

Committees referred to in sub-section (1)

shall be such as may be prescribed.

(3) The Committee shall meet at such time

and at such places and shall observe such

rules of procedure in regard to the transaction

of business at its meetings including the

quorum as may be specified by the

regulations.

20. Meetings of Centre.— (1) The Chairperson

shall ordinarily preside at the meetings of

the Centre:

Provided that, in his absence, the Member

chosen by the other Members present

amongst themselves shall preside at the

meetings.

(2) It shall be the duty of the Chairperson

to ensure that the decisions taken by the

Centre are implemented.

(3) The Chairperson shall exercise such

other powers and perform such other duties

as are assigned to him under this Ordinance.

(4) The Centre shall meet at least four

times a year and follow such procedure in

its meetings including quorum at such

meetings in such manner as may be specified

by the regulations.

(5) All questions which come up before

any meeting of the Centre shall be—

(a) decided by a majority of votes by the

Members present and voting, and in the

event of an equality of votes, the

Chairperson or in his absence, the person

presiding shall have a casting vote;

(b) dealt with as expeditiously as

possible and the Centre shall dispose of

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the same within a period of sixty days

from the date of receipt of the application:

Provided that where any such application

could not be disposed of within the said

period of sixty days, the Centre shall record

its reasons in writing for not disposing of the

application within that period.

(6) The Chairperson may invite any expert,

not being a Member, to attend the meetings

of the Centre, but such invitee shall not be

entitled to vote at the meeting.

21. Chief Executive Officer.— (1) There

shall be a Chief Executive Officer of the

Centre who shall be responsible for day-to-

-day administration of the Centre and for this

purpose, he shall maintain liaison with the

Centre and the Secretariat.

(2) The appointment, qualifications and

the terms and conditions of services of the

Chief Executive Officer shall be such as may

be specified by the regulations.

(3) The Chief Executive Officer shall

exercise such powers and discharge such

functions as may be specified by the

regulations or as may be delegated to him

by the Centre.

22. Delegation of powers.— The Centre

may, for the purpose of discharging of its

powers, functions and duties, by general or

special order in writing, specify the powers

and duties conferred or imposed upon the

Centre by or under this Ordinance (except

the power to make regulations) which may

also be exercised or performed by the Chief

Executive Officer or any officer or officers of

the Centre and the conditions and restrictions,

if any, subject to which the powers and

duties may be exercised and performed.

23. Secretariat.— (1) There shall be a

Secretariat to the Centre consisting of—

(a) Registrar, who shall supervise the

activities of the Centre;

(b) Counsel, dealing with the matters

relating to domestic and international

arbitration; and

employees as may be prescribed.

(2) The qualifications, experience, method

of selection and the functions of the Registrar,

Counsel and other officers and employees

shall be such as may be prescribed.

CHAPTER IV

Finance, Accounts and Audit

24. Grants by Central Government.— The

Central Government may, after due

appropriation made by Parliament by law in

this behalf, pay to the Centre in each financial

year such sums of money and in such

manner as it may think fit for being utilised

for the purposes of this Ordinance.

25. Fund of Centre.— (1) The Centre shall

maintain a Fund to which shall be credited—

(a) all monies provided by the Central

Government;

(b) all fees and other charges received

during or in connection with the

arbitration, conciliation, mediation or other

proceedings;

the facilities provided by it to the parties;

(d) all monies received by the Centre in

the form of donations, grants, contributions

and income from other sources; and

(e) the amount received from the

investment income.

(2) All monies credited to the Fund shall

be deposited in such banks or invested in

such manner as may be decided by the

Centre.

(3) The Fund shall be applied towards

meeting the salary and other allowances of

Members and the expenses of the Centre

including expenses incurred in the exercise

of its powers and discharge of its duties

under this Ordinance.

26. Accounts and audit.— (1) The Centre

shall maintain proper accounts and other

relevant records and prepare an annual

statement of accounts, including the balance

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sheet, in such form and manner as may be

prescribed in consultation with the

Comptroller and Auditor-General of India.

(2) The accounts of the Centre shall be

audited by the Comptroller and Auditor-

General of India and any expenditure

incurred by him in connection with such

audit shall be payable by the Centre to the

Comptroller and Auditor-General of India.

(3) The Comptroller and Auditor-General

of India and any person appointed by him

in connection with the audit of the accounts

of the Centre shall have the same rights,

privileges and authority in connection with

such audit as the Comptroller and Auditor-

General of India has in connection with the

audit of the Government accounts, and, in

particular, shall have the right to demand

the production of books, accounts, connected

vouchers and other documents and papers

and to inspect the offices of the Centre.

(4) The accounts of the Centre as certified

by the Comptroller and Auditor-General of

India or any other person appointed by him

in this behalf together with the audit report

there on shall be forwarded annually to the

Central Government and the Central

Government shall cause the same to be laid

before each House of Parliament.

27. Assessment of assets and liabilities of

undertaking.— The assets and liabilities in

relation to any undertaking under this

Ordinance shall be caused to be assessed

by any agency authorised by the Comptroller

and Auditor-General of India in such manner

as may be specified by him and any payment

on a claim to be made in relation thereto

shall be settled by him between the Society

and the Central Government and shall be

paid by the Society or the Central

Government, as the case may be, in the

manner as may be specified by the

Comptroller and Auditor-General of India.

CHAPTER V

Chamber of Arbitration and Arbitration Academy

28. Chamber of Arbitration.— (1) The

Centre shall establish a Chamber of

Arbitration which shall empanel the

Arbitrators

and

also

scrutinise

the

applications for admission in the panel of

reputed arbitrators to maintain a permanent

panel of arbitrators.

(2) The Chamber of Arbitration shall consist

of experienced arbitration practitioners of

repute, at national and international level

and persons having wide experience in the

area of alternative dispute resolution and

conciliation.

(3) The Centre shall by regulations lay

down the criteria for admission to the panel

of the cadre so as to maintain a pool of

reputed arbitrators having expertise in

international commercial arbitration and

arbitration

other

than

international

commercial arbitration.

(4) The Registrar to the Secretariat of the

Centre shall act as the Member-Secretary to

the Chamber of Arbitration.

29. Arbitration Academy.— (1) The Centre

may establish an Arbitration Academy—

(a) to train the arbitrators, particularly

in the area of international commercial

arbitration to compete on par with the

reputed international arbitral institutions;

(b) to conduct research in the area of

alternative dispute resolution and allied

areas; and

objectives of the Ordinance.

(2) For the purposes of sub-section (1),

there may be constituted a permanent three

member committee in order to suggest and

to submit a report to the Centre with respect

to the amendments, if any, necessary to the

rules and regulations pertaining to the

Ordinance.

CHAPTER VI

Miscellaneous

30. Power to make rules.— (1) The Central

Government may, by notification, make rules

to carry out the provisions of this Ordinance.

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(2) In particular, and without prejudice to

the generality of the foregoing power, such

rules may make provision for—

(a) the terms and conditions and the

salary and allowances payable to the

Chairperson and Full-time Member under

sub-section (2) of section 6;

(b) the travelling and other allowances

payable to the Part-time Member under

sub-section (4) of section 6;

Committees referred to in sub-section (2)

of section 19;

(d) the number of officers and employees

of the Secretariat of the Centre under

clause (c) of sub-section (1) of section 23;

(e) the qualifications, experience, method

of selection and the functions of the

Registrar, Counsel and other officers and

employees of the Centre under sub-section

(2) of section 23;

(f) annual statement of accounts,

including the balance sheet under sub-

-section (1) of section 26; and

(g) any other matter in respect of which

provision is to be made or may be made

under this Ordinance.

31. Power to make regulations.— (1) The

Centre may, with the previous approval of

the Central Government, by notification, make

regulations consistent with this Ordinance

and the rules made thereunder to provide

for all matters for which provision is necessary

or expedient for the purposes of giving effect

to the purposes of this Ordinance.

(2) In particular, and without prejudice to

the generality of the foregoing power, such

regulations may make provision for—

(a) the time and place and the rules of

procedure to be observed in regard to the

transaction of business of the Committee

at the meetings including the quorum

under sub-section (3) of section 19;

(b) the time and place and rules of

procedure in regard to the transaction of

business of the Centre or any Committee

including the quorum at the meeting under

sub-section (4) of section 20;

the terms and conditions of service of the

Chief Executive Officer under sub-section

(2) of section 21;

(d) the powers and functions of the

Chief Executive Officer under sub-section

(3) of section 21;

(e) the criteria for admission to the panel

of reputed arbitrators under sub-

-section (3) of section 28; and

(f) any other matter in respect of which

provision, in the opinion of the Centre, is

necessary for the performance of its

functions under this Ordinance.

32. Laying of rules and regulations.—

Every rule and regulation made under this

Ordinance shall be laid, as soon as may be

after it is made, before each House of

Parliament while it is in session, for a total

period of thirty days which may be comprised

in one session or in two or more successive

sessions, and if, before the expiry of the

session immediately following the session or

the successive sessions aforesaid, both

Houses agree in making any modification in

the rule or regulation or both Houses agree

that the rule or regulation should not be

made, the rule or regulation shall thereafter

have effect only in such modified form or be

of no effect, as the case may be; so, however,

that any such modification or annulment

shall be without prejudice to the validity of

anything previously done under that rule or

regulation.

33. Protection of action taken in good

faith.— No suit, prosecution or other legal

proceedings shall lie against the Centre, the

Chairperson or Members or its employees

and arbitrators for anything which is in good

faith done or intended to be done under this

Ordinance or the rules or regulations made

thereunder.

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34. Power to remove difficulty.— (1) If any

difficulty arises in giving effect to the

provisions of this Ordinance, the Central

Government may, by order published in the

Official Gazette, make such provisions, not

inconsistent with the provisions of this

Ordinance, as may appear to it to be

necessary for removing the difficulty:

Provided that no such order shall be made

under this section after the expiry of two

years from the date of commencement of this

Ordinance.

(2) Every order made under this section

shall be laid, as soon as may be after it is

made, before each House of Parliament.

RAM NATH KOVIND

President

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

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