The Indian Maritime University Act, 2008
Administered Ministry: Ministry of Shipping
Section
Section 21 The 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.
(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.
Section 22 The 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, have the control and supervision over, and be responsible for, the maintenance of standards of instruction, education and examination within the University and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it.
(2) The Academic Council shall have the right to advise the Executive Council on all academic matters.
(3) The constitution of the Academic Council and the term of office of its members shall be such as may be prescribed by the Statutes.
(2) The Academic Council shall have the right to advise the Executive Council on all academic matters.
(3) The constitution of the Academic Council and the term of office of its members shall be such as may be prescribed by the Statutes.
Section 23 The Board of Affiliation and Recognition.
(1) The Board of affiliation and recognition shall be responsible for admitting colleges and institutions to the privileges of the University.
(2) The constitution of the Board of Affiliation and Recognition, the term of office of its members and its powers and duties shall be such as may be prescribed by the Statutes.
(2) The constitution of the Board of Affiliation and Recognition, the term of office of its members and its powers and duties shall be such as may be prescribed by the Statutes.
Section 24 The Planning Board.
(1) The Planning Board shall be the principal planning body of the University.
(2) The Planning Board shall be responsible for monitoring the development of the University.
(3) The constitution of the Planning Board, term of office of its members and its powers and functions shall be prescribed by the Statutes.
(2) The Planning Board shall be responsible for monitoring the development of the University.
(3) The constitution of the Planning Board, term of office of its members and its powers and functions shall be prescribed by the Statutes.
Section 25 The Boards of Schools. 2 docs
(1) There shall be such number of Boards of Schools as the University may determine from time to time.
(2) The constitution, powers and functions of the Boards of Schools shall be such as may be prescribed by the Statutes.
(2) The constitution, powers and functions of the Boards of Schools shall be such as may be prescribed by the Statutes.
Section 26 The Finance Committee.
The constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes.
Section 27 Other authorities of the 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 28 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 the authorities and other bodies of the University, as may be constituted from time to time;
(b) the election 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 manner of appointment of the officers of the University, terms and conditions of service, their powers and duties and emoluments;
(d) the manner of appointment of teachers, academic staff and other employees of the University and their emoluments;
(e) the manner of appointment of teachers and academic staff working in any other University or organisation for a specific period for undertaking a joint project, their terms and conditions of service and emoluments;
(f) the conditions of service of employees including provision for pension, insurance and 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 conditions under which colleges and institutions may be admitted to the privileges of the University and the withdrawal of such privileges;
(o) the institution of fellowships, scholarships, studentships, assistantships, medals and prizes;
(p) the delegation of powers vested in the authorities or officers of the University;
(q) the maintenance of the discipline among the employees and students; and
(r) 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 the authorities and other bodies of the University, as may be constituted from time to time;
(b) the election 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 manner of appointment of the officers of the University, terms and conditions of service, their powers and duties and emoluments;
(d) the manner of appointment of teachers, academic staff and other employees of the University and their emoluments;
(e) the manner of appointment of teachers and academic staff working in any other University or organisation for a specific period for undertaking a joint project, their terms and conditions of service and emoluments;
(f) the conditions of service of employees including provision for pension, insurance and 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 conditions under which colleges and institutions may be admitted to the privileges of the University and the withdrawal of such privileges;
(o) the institution of fellowships, scholarships, studentships, assistantships, medals and prizes;
(p) the delegation of powers vested in the authorities or officers of the University;
(q) the maintenance of the discipline among the employees and students; and
(r) all other matters which by this Act are to be or may be provided for by the Statutes.
Section 29 Statutes how to be made.
(1) The first Statutes are those set out in the Schedule.
(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 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 the foregoing sub-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 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 the foregoing sub-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 30 Power to make Ordinances. 5 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 the examinations, degrees and diplomas of the University;
(f) the conditions for award of fellowships, scholarships, studentships, assistantships, 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, discipline and teaching of women students and the prescribing of special courses of studies for them;
(j) the appointment and emoluments of employees other than those for whom provision has been made in the Statutes;
(k) the establishment of centre of Studies, Board of Studies, Special centre, Specialised Laboratories and other Committees;
(l) the manner of co-operation and collaboration with other Universities in India or abroad and authorities including learned bodies or associations;
(m) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;
(n) such other terms and conditions of service of teachers and other academic staff as are not prescribed by the Statutes;
(o) the management of colleges and institution maintained by the University;
(p) the supervision and management of colleges and institutions admitted to the privileges of the University;
(q) the setting up of a machinery for redressal of grievances of employees; and
(r) all other matters which by this Act or the Statutes may be provided for by the Ordinances.
(2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Central Government and the Ordinances so made may be amended, repealed or added to at any time by the Executive Council in the manner prescribed by 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 the examinations, degrees and diplomas of the University;
(f) the conditions for award of fellowships, scholarships, studentships, assistantships, 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, discipline and teaching of women students and the prescribing of special courses of studies for them;
(j) the appointment and emoluments of employees other than those for whom provision has been made in the Statutes;
(k) the establishment of centre of Studies, Board of Studies, Special centre, Specialised Laboratories and other Committees;
(l) the manner of co-operation and collaboration with other Universities in India or abroad and authorities including learned bodies or associations;
(m) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;
(n) such other terms and conditions of service of teachers and other academic staff as are not prescribed by the Statutes;
(o) the management of colleges and institution maintained by the University;
(p) the supervision and management of colleges and institutions admitted to the privileges of the University;
(q) the setting up of a machinery for redressal of grievances of employees; and
(r) all other matters which by this Act or the Statutes may be provided for by the Ordinances.
(2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Central Government and the Ordinances so made may be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes.
Section 31 Regulations.
The authorities of the University may make Regulations, consistent with this Act, the Statutes and the Ordinances in the manner prescribed by the Statutes, 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.
Section 32 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 after 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 33 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 visitor and the Court along with the observations, if any, of the Executive Council.
(3) Any observation 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 visitor and the Court along with the observations, if any, of the Executive Council.
(3) Any observation 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 34 Conditions of service of employees.
(1) The University shall enter into written contract of service with every employee of the University appointed on regular basis or otherwise and the terms and conditions of the contract shall not be inconsistent with the provisions of this Act, the Statutes and the Ordinances.
(2) A copy of the contract referred to in sub-section (1) shall be kept with the University and a copy thereof shall also be furnished to the employee concerned.
(2) A copy of the contract referred to in sub-section (1) shall be kept with the University and a copy thereof shall also be furnished to the employee concerned.
Section 35 Tribunal of Arbitration.
(1) 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.
(2) The decision of the Tribunal of Arbitration shall be final and binding on the parties.
(3) Every request made by the employee under sub-section (1), 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).
(4) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes
(2) The decision of the Tribunal of Arbitration shall be final and binding on the parties.
(3) Every request made by the employee under sub-section (1), 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).
(4) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes
Section 36 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 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 section 35 shall, as far as may be, apply to a reference made under this sub-section.
(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 section 35 shall, as far as may be, apply to a reference made under this sub-section.
Section 37 Right to appeal.
Every employee or student of the University or of a college or institution maintained by the University shall, notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed by the Statutes to the Executive Council against the decision of any officer or authority of the University or of the Principal of any college or institution, as the case may be, and thereupon the Executive Council may confirm, modify or reverse the decision appealed against.
Section 38 Provident and pension funds.
(1) The University shall constitute for the benefit of its employees such provident or pension 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 pension fund has been so constituted, the Central Government may declare that the provision of the Provident Funds Act, 1925 (19 of 1925) shall apply to such fund, as if it were a Government provident fund.
(2) Where such provident fund or pension fund has been so constituted, the Central Government may declare that the provision of the Provident Funds Act, 1925 (19 of 1925) shall apply to such fund, as if it were a Government provident fund.
Section 39 Disputes as to constitution of University 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 Visitor whose decision thereon shall be final.
Section 40 Constitution of Committees.
Where any authority of the University is given power by this Act or the Statutes to appoint Committees, such Committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other person, if any, as the authority in each case may think fit.