The Central Universities Act, 2009
Administered Ministry: Ministry of Education / Department of Higher Education
Section
Section 14 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.
(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.
Section 15 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.
Section 16 Controller of Examinations.
The Controller of Examination shall be appointed in such manner and shall exercise such power and perform such duties, as may be prescribed by the Statutes.
Section 17 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.
Section 18 Other officers.
The manner of appointment and powers and duties of other officers of the University shall be prescribed by the Statutes.
Section 19 Authorities of University.
The following shall be the authorities of the University, namely:--
(1) the Court;
(2) the Executive Council;
(3) the Academic Council;
(4) the Board of Studies;
(5) the Finance Committee; and
(6) such other authorities as may be declared by the Statutes to be the authorities of the University.
(1) the Court;
(2) the Executive Council;
(3) the Academic Council;
(4) the Board of Studies;
(5) the Finance Committee; and
(6) such other authorities as may be declared by the Statutes to be the authorities of the University.
Section 20 The Court.
(1) The constitution of the Court and the term of office of its members shall be prescribed by the Statutes:
Provided that such number of members, as may be prescribed by the Statutes, shall be elected from among the teachers, employees and students of the University.
(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;
(b) to consider and pass resolutions on the annual report and the annual accounts of the University and the audit report on such accounts;
(c) to advise the Visitor in respect of any matter which may be referred to it for advise; and
(d) to perform such other functions as may be prescribed by the Statutes.
Provided that such number of members, as may be prescribed by the Statutes, shall be elected from among the teachers, employees and students of the University.
(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;
(b) to consider and pass resolutions on the annual report and the annual accounts of the University and the audit report on such accounts;
(c) to advise the Visitor in respect of any matter which may be referred to it for advise; and
(d) to perform such other functions as may be prescribed by the Statutes.
Section 21 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:
Provided that such number of members as may be prescribed by the Statutes shall be from among the elected members of the Court.
(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:
Provided that such number of members as may be prescribed by the Statutes shall be from among the elected members of the Court.
Section 22 Academic Council.
(1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and the Ordinances, co-ordinate and exercise general supervision over the academic policies of the University.
(2) The constitution of the Academic Council, the term of office of members and its powers and functions shall be prescribed by the Statutes:
Provided that such number of members as may be prescribed by the Statutes shall be from among the elected members of the Court.
(2) The constitution of the Academic Council, the term of office of members and its powers and functions shall be prescribed by the Statutes:
Provided that such number of members as may be prescribed by the Statutes shall be from among the elected members of the Court.
Section 23 Boards of Studies.
The constitution, powers and function of the Boards of Studies shall be prescribed by the Statutes.
Section 24 Finance Committee.
The constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes.
Section 25 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.
Section 26 Powers to make Statutes.
Subject to the provision 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;
(c) the appointment, powers and duties of the officers of the University and their emoluments;
(d) the appointment of teachers, academic staff and other employees of the University, their 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 and Institutions;
(l) the conferment of honorary degrees;
(m) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(n) the management of Colleges and Institutions established 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.
(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;
(c) the appointment, powers and duties of the officers of the University and their emoluments;
(d) the appointment of teachers, academic staff and other employees of the University, their 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 and Institutions;
(l) the conferment of honorary degrees;
(m) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(n) the management of Colleges and Institutions established 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.
Section 27 Statutes, how to be made. 9 docs
(1) The first Statutes are those set out in the Second Schedule to this Act.
(2) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the 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 the proposed changes, and any opinion so expressed shall be considered by the Executive Council.
(3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the assent of the Visitor who may assent thereto or withhold assent or remit to the Executive Council for re-consideration.
(4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor.
(5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor 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 Visitor 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 he may consider necessary and such detailed Statutes shall be laid before both Houses of Parliament.
(6) Notwithstanding anything contained in this section, the Visitor may direct the University to make provisions in the Statutes in respect of any matter specified by him and if the Executive Council is unable to implement such direction within sixty days of its receipt, the Visitor 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.
(2) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the 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 the proposed changes, and any opinion so expressed shall be considered by the Executive Council.
(3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the assent of the Visitor who may assent thereto or withhold assent or remit to the Executive Council for re-consideration.
(4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor.
(5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor 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 Visitor 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 he may consider necessary and such detailed Statutes shall be laid before both Houses of Parliament.
(6) Notwithstanding anything contained in this section, the Visitor may direct the University to make provisions in the Statutes in respect of any matter specified by him and if the Executive Council is unable to implement such direction within sixty days of its receipt, the Visitor 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.
Section 28 Power to make Ordinances. 12 docs
(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 to be laid down for all degrees, diplomas and certificates of the University;
(c) the medium of instruction and 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 to the University;
(f) the conditions for award of fellowships, scholarships, studentships, medals and prizes;
(g) the conduct of examination, 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 of women students and the prescribing of special courses of studies for them;
(j) the establishment of Centres of Studies, Boards 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 machinery for redressal of grievances of employees and students; and
(o) all other matters which by this Act, or, the Statutes, are to be, or may be provided for by the Ordinances.
(2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Executive Council and the Ordinances so made may also be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes:
Provided that in the case of Guru Ghasidas Vishwavidyalaya and Doctor Harisingh Gour Vishwavidyalaya, and Hemvati Nandan Bahuguna Garhwal University, till such time as the first Ordinances are not so made, in respect of the matters that are to be provided for by the Ordinances under this Act and the Statutes, the relevant provisions of the Statutes and the Ordinances made immediately before the commencement of this Act under the provisions of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (Madhya Pradesh Act 22 of 1973), and the Utter Pradesh State Universities Act, 1973 (Presidents Act 10 of 1973), respectively, shall be applicable in so for as they are not inconsistent with the provisions of this Act and the Statutes.
(a) the admission of students to the University and their enrolment as such;
(b) the courses of study to be laid down for all degrees, diplomas and certificates of the University;
(c) the medium of instruction and 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 to the University;
(f) the conditions for award of fellowships, scholarships, studentships, medals and prizes;
(g) the conduct of examination, 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 of women students and the prescribing of special courses of studies for them;
(j) the establishment of Centres of Studies, Boards 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 machinery for redressal of grievances of employees and students; and
(o) all other matters which by this Act, or, the Statutes, are to be, or may be provided for by the Ordinances.
(2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Executive Council and the Ordinances so made may also be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes:
Provided that in the case of Guru Ghasidas Vishwavidyalaya and Doctor Harisingh Gour Vishwavidyalaya, and Hemvati Nandan Bahuguna Garhwal University, till such time as the first Ordinances are not so made, in respect of the matters that are to be provided for by the Ordinances under this Act and the Statutes, the relevant provisions of the Statutes and the Ordinances made immediately before the commencement of this Act under the provisions of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (Madhya Pradesh Act 22 of 1973), and the Utter Pradesh State Universities Act, 1973 (Presidents Act 10 of 1973), respectively, shall be applicable in so for as they are not inconsistent with the provisions of this Act and the Statutes.
Section 29 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.
Section 30 Annual report.
(1) The annual report of the University shall be prepared under the direction of the 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 Visitor along with its comments, if any.
(3) A copy of the annual report, as prepared under sub-section (1), shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament.
(2) The Court shall submit the annual report to the Visitor along with its comments, if any.
(3) A copy of the annual report, as prepared under sub-section (1), shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament.
Section 31 Annual accounts.
(1) The annual accounts and balance-sheet of the University shall be prepared under the direction of the Executive Council and shall, once at least every year and at intervals of not more them 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 Visitor along with the observations of the Executive Council.
(3) Any observations made by the Visitor 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 Visitor.
(4) A copy of the annual accounts together with the audit report, as submitted to the Visitor, shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament.
(5) The audited annual accounts after having been laid before both Houses of Parliament shall be published in the Gazette of India.
(2) A copy of the annual accounts together with the audit report thereon shall be submitted to the Court and the Visitor along with the observations of the Executive Council.
(3) Any observations made by the Visitor 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 Visitor.
(4) A copy of the annual accounts together with the audit report, as submitted to the Visitor, shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament.
(5) The audited annual accounts after having been laid before both Houses of Parliament shall be published in the Gazette of India.
Section 32 Returns and information.
The University shall furnish to the Central Government such returns or other information with respect to its property or activities as the Central Government may, from time to time, require, within such period as may be specified by the Central Government.
Section 33 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 Visitor.
(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 the 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 (26 of 1996).
(5) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes.
(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 Visitor.
(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 the 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 (26 of 1996).
(5) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes.