The Indira Gandhi National Open University Act, 1985
Administered Ministry: Ministry of Education / Department of Higher Education
Schedule
First Schedule THE FIRST SCHEDULE
THE FIRST SCHEDULE (See section 4) THE OBJECTS OF THE UNIVERSITY 1. The University shall endeavour through education, research, training and extension to play a positive role in the development of the country, and, based on the rich heritage of the country, to promote and advance the culture of the people of India and its human resources. Towards this end, it shall:— (a) strengthen and diversify the degree, certificate and diploma courses related to the needs of employment and necessary for building the economy of the country on the basis of its natural and human resources; (b) provide access to higher education for large segments of the population, and in particular, the disadvantaged groups such as those living in remote and rural areas including working people, housewives and other adults who wish to upgrade or acquire knowledge through studies in various fields; (c) promote acquisition of knowledge in a rapidly developing and changing society and to continually offer opportunities for upgrading knowledge, training and skills in the context of innovations, research and discovery in all fields of human endeavour; (d) provide an innovative system of university level education, flexible and open, in regard to methods and pace of learning, combination of courses, eligibility for enrolment, age of entry, conduct of examination and operation of the programmes with a view to promote learning and encourage excellence in new fields of knowledge; (e) contribute to the improvement of the educational system in India by providing a non-formal channel complementary to the formal system and encouraging transfer of credits and exchange of teaching staff by making wide use of texts and other software developed by the University; (f) provide education and training in the various arts, crafts and skills of the country, raising their quality and improving their availability to the people; (g) provide or arrange training of teachers required for such activities or institutions; (h) provide suitable post-graduate courses of study and promote research; (i) provide the counselling and guidance to its students; and (j) promote national integration and the integrated development of the human personality through its policies and programmes. 2. The University shall strive to fulfill the above objects by a diversity of means of distance and continuing education, and shall function in co-operation with the existing Universities and Institutions of higher learning and make full use of the latest scientific knowledge and new educational technology to offer a high quality of education which matches contemporary needs.
Second Schedule THE SECOND SCHEDULE.
THE SECOND SCHEDULE (See section 24) STATUTES OF THE UNIVERSITY 1. The Vice-Chancellor (1) The Vice-Chancellor shall be a whole-time salaried officer of the University. (2) The Vice-Chancellor shall be appointed by the Visitor from out of a panel of not less than three persons recommended (the names being arranged in the alphabetical order) by a committee constituted under clause (3): Provided that if the Visitor does not approve of any of the persons so recommended he may call for fresh recommendations. (3) The committee referred to in clause (2) shall consist of three members of whom two shall be nominated by the Board of Management and one by the Visitor, and the person nominated by the Visitor shall be the Convenor of the committee: Provided that no person who is an employee of the University or of any affiliated College or a member of any authority of the University shall be nominated to be a member of the Committee. (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 sixty-five years, whichever is earlier, and he shall not be eligible for reappointment: Provided that the Visitor may require 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 him. (5) The emoluments and other conditions of service of the Vice-Chancellor shall be as follows:— (i) There shall be paid to the Vice-Chancellor a salary of Rs. 3,000 per month and he would be entitled to the free use of furnished residence throughout his term of office and no charge shall fall on the Vice-Chancellor personally in respect of the maintenance of such residence. (ii) In addition to the salary specified in sub-clause (i), the Vice-Chancellor shall be entitled to such other allowances as are admissible to University employees from time to time. (iii) The Vice-Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Board of Management with the approval of the Visitor from time to time: Provided that where an employee of the University or a College or of any other university or any institution maintained by or affiliated to 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 such person had been contributing immediately before his appointment as 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. (iv) The Vice-Chancellor shall be entitled to travelling allowance at such rates as may be fixed by the Board of Management. (v) The Vice-Chancellor shall be entitled to leave on full pay for one-eleventh of the period spent by him on active service. (vi) In addition to the leave referred to in sub-clause (v), the Vice-Chancellor shall be entitled to half pay leave at the rate of twenty days per year of every completed year of service and the half pay leave may be availed of as commuted leave on full pay on medical certificate. (6) If the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise, or if he is unable to perform his duties due to ill health or any other cause, the senior-most Pro-Vice-Chancellor shall perform the duties of the Vice-Chancellor, and if there is no Pro-Vice-Chancellor, the senior-most Director shall perform the functions of the Vice-Chancellor until the new Vice-Chancellor assumes his office or until the existing Vice-Chancellor attends to the duties of his office, as the case may be. 2. Powers and functions of the Vice-Chancellor (1) The Vice-Chancellor shall be ex officio Chairman of the Board of Management, the Academic Council, the Planning Board, and the Finance Committee. (2) The Vice-Chancellor shall be entitled to be present at, and address, any meeting of any other 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, Ordinances and Regulations are duly observed and he shall have all the powers necessary to ensure such observance. (4) The Vice-Chancellor shall exercise control over the affairs of the University and shall give effect to the decisions of all the authorities of the University. (5) 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 may deem fit. (6) The Vice-Chancellor shall be empowered to grant leave to any officer of the University and make necessary arrangements for the discharge of the functions of such officer during his absence. (7) The Vice-Chancellor shall grant leave of absence to any employee of the University in accordance with the rules and if he so desires, delegate such powers to another officer of the University. (8) The Vice-Chancellor shall have the power to convene or cause to be convened the meetings of the Board of Management, the Academic Council, the Planning Board and the Finance Committee. (9) The Vice-Chancellor shall have the following further powers, namely:— (i) to appoint such Professors, Readers, Lecturers and other teachers as may be necessary with the prior approval of the Board of Management; (ii) to appoint course writers, script writers, counsellors, programmers, artists and such other persons as may be considered necessary for the efficient functioning of the University; (iii) to make short-term appointments for a period not exceeding six months at a time, of such persons as may be considered necessary for the functioning of the University; (iv) to arrange for the establishment and maintenance of Regional and Study Centres at different places as may be required from time to time and delegate to any employee such powers as are necessary for their efficient functioning. 3. The Pro-Vice-Chancellors (1) Every Pro-Vice-Chancellor shall be appointed by the Board of Management on the recommendation of the Vice-Chancellor: Provided that if any recommendation of the Vice-Chancellor is not accepted by the Board of Management, the matter shall be referred to the Visitor who may either appoint the person recommended by the Vice-Chancellor or request the Vice-Chancellor to recommend another person for consideration by the Board of Management: Provided further that the Board of Management may, on the recommendation of the Vice- Chancellor, appoint a Professor to perform the functions of a Pro-Vice-Chancellor in addition to his own functions as a Professor. (2) The term of office of a Pro-Vice-Chancellor shall be such as may be decided by the Board of Management, but it shall not in any case exceed three years or until the expiration of the term of office of the Vice-Chancellor, whichever is earlier and he shall be eligible for re-appointment: Provided that a Pro-Vice-Chancellor shall retire on attaining the age of sixty-five years: Provided further that a Pro-Vice-Chancellor shall, while performing the functions of the Vice-Chancellor under clause (6) of Statute 1, continue in office notwithstanding the expiration of his term of office as Pro-Vice-Chancellor until a new Vice-Chancellor assumes his office or until the existing Vice-Chancellor attends to the duties of his office, as the case may be (3) (a) The salary of a Pro-Vice Chancellor shall be Rs. 2,750 per month and where a Professor is appointed to perform the functions of a Pro-Vice-Chancellor in addition to his own functions as such Professor, he shall draw his pay in his substantive post plus a special pay of Rs. 500 per month, whichever is less. (b) Every Pro-Vice-Chancellor shall be entitled, without payment of rent, to the use of a furnished residence throughout his term of office and no charge shall fall on the Pro-Vice-Chancellor personally in respect of maintenance of such residence. (c) In addition to the salary specified in sub-clause (a), a Pro-Vice-Chancellor shall be entitled to such other allowances as are admissible to the employees of the University from time to time. (d) Every Pro-Vice-Chancellor shall be entitled to such terminal benefits as may be fixed by the Board of Management from time to time. (e) The Pro-Vice-Chancellor shall be entitled to subscribe to the contributory provident fund of the University till the end of his tenure: Provided that where an employee of the University or a College or of any University or institution maintained by or affiliated to such other University is appointed as a Pro-Vice-Chancellor, he shall continue to be governed by the same retirement benefit scheme to which he was entitled prior to his appointment as Pro-Vice-Chancellor till he continues to hold his lien on that post, but under this provision, the pay for the purpose of subscription to the General Provident Fund and subscription to the University Contributory Provident Fund shall be the pay drawn by him as Pro-Vice-Chancellor. (f) Every Pro-Vice-Chancellor shall assist the Vice-Chancellor in respect of such matters as may be specified by the Vice-Chancellor in this behalf from time to time and shall also exercise such powers and perform such functions as may be delegated to him by the Vice-Chancellor. 4. The Directors (1) Every Director shall be appointed by the Board of Management on the recommendation of— (i) the Vice-Chancellor, in case the candidate to be appointed is already a teacher of the University; and (ii) a Selection Committee constituted for the purpose, in case the candidate to be appointed is from outside the University. (2) Every Director shall be a whole-time salaried officer of the University: Provided that one of the Directors shall be in charge of the administrative affairs of the teachers. (3) The emoluments and other conditions of service of the Director shall be prescribed by the Ordinances: Provided that a Director shall retire on attaining the age of sixty years. (4) A Director shall exercise such powers and perform such functions as may be prescribed by the Ordinances. 5. The Registrar (1) Every Registrar shall be appointed by the Board of Management on the recommendation of a Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University. (2) The emoluments and other conditions of service of a Registrar shall be prescribed by the Ordinances: Provided that a Registrar shall retire on attaining the age of sixty years. (3) A Registrar designated by the Board of Management shall have power to take disciplinary action against such of the employees, excluding teachers and other members as may be specified by the Board of Management by order. (4) An appeal shall lie to an office so designated by the Board of Management against any order made by the Registrar in pursuance of clause (3). (5) In cases where an inquiry discloses that a punishment beyond the powers of a Registrar is called for, the Registrar shall, consequent to the enquiry, make a report to the Vice-Chancellor along with his recommendations for such action as the Vice-Chancellor may deem fit: Provided that an appeal shall lie to the Board of Management against an order of the Vice- Chancellor imposing any penalty. (6) Such of the Registrars as is designed by the Board of Management shall be— (i) the Secretary to the Board of Management; (ii) the Member-Secretary of the Academic Council; (iii) the Member-Secretary of the Planning Board. (7) A Registrar so designated shall— (a) be the custodian of the records, the common seal and such other properties of the University as the Board of Management may commit to his charge; (b) issue notices and convene meetings of the Board of Management, the Academic Council and the Planning Board and of the committees appointed by those authorities; (c) keep the minutes of the meetings of the Board of Management, the Academic Council and the Planning Board and of the committees appointed by such authorities; (d) conduct the official proceedings and correspondence of the Board of Management, the Academic Council and the Planning Board; (e) supply to the Visitor, a copy 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) represent the University in suits or proceedings, by or against the University, sign powers of attorney, verify pleadings and depute his representative for the purpose; (g) perform such other functions as may be specified in the Statutes, Ordinances or Regulations or as may be required from time to time by the Board of Management or the Vice- Chancellor. 6. The Finance Officer (1) The Finance Officer shall be appointed by the Board of Management on the recommendation of a Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University, and shall work under the control of the Vice-Chancellor. (2) The emoluments and other conditions of service of the Finance Officer shall be prescribed by the Ordinances: Provided that the Finance Officer shall retire on attaining the age of sixty years. (3) When the office of the Finance Officer is vacant or when the Finance Officer is by reason of ill health, absence or any other cause unable to perform his functions as Finance Officer, his functions shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (4) The Finance Officer shall— (a) exercise general supervision of the funds of the University and advise it as regards its financial policies; (b) perform such other financial functions as may be assigned to him by the Board of Management or as may be prescribed by the Statutes or the Ordinances: Provided that the Finance Officer shall not incur any expenditure or make any investment exceeding one lakh of rupees without the previous approval of the Board of Management. (5) Subject to the control of the Vice-Chancellor and the Board of Management, the Finance Officer shall— (a) hold and manage the properties and investments of the University, including trust and immovable properties for fulfilling any of the objects of the University; (b) ensure that the limits fixed by the Finance Committee for recurring and non-recurring expenditure for a year are not exceeded and the money is expended or spent for the purposes for which it was granted or allotted; (c) be responsible for the preparation of the annual accounts and the budget of the University and for their presentation to the Board of Management after they have been considered by the Finance Committee; (d) keep a constant watch on the cash and bank balances and investments; (e) watch the progress of collection of revenue and advise on the methods of collection employed; (f) ensure that the registers of properties of the University are maintained properly and that stock checking is conducted of equipments and other materials in the offices of the University including Regional Centres, Study Centres and other institutions maintained by the University; (g) bring to the notice of the Vice-Chancellor any unauthorised expenditure or other financial irregularities and suggest appropriate action against persons at fault; (h) call from any office of the University, including Regional Centres, Study Centres and other institutions maintained by the University, any information or reports that he may consider necessary for the performance of his functions. (6) Any receipt given by the Finance Officer or by the person or persons duly authorised in this behalf by the Board of Management shall be a sufficient discharge for payment of moneys to the University. 7. Powers and functions of the Board of Management (1) The Board of Management 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. (2) Subject to the provisions of the Act, the Statutes and the Ordinances, the Board of Management shall, in addition to the other powers vested in it under the Statutes have the following powers, namely:— (a) to create teaching and other academic posts and to define the functions and conditions of service of Professors, Readers, Lecturers and other teachers and other academic staff employed by the University; (b) to prescribe qualifications for teachers and other academic staff; (c) to approve the appointment of such Professors, Readers, Lecturers and other teachers and academic staff as may be necessary on the recommendations of the Selection Committees constituted for the purpose; (d) to approve appointments to temporary vacancies of any academic staff; (e) to specify the manner of appointment of temporary vacancies of academic staff; (f) to provide for the appointment of visiting Professors, Emeritus Professors, Fellows, artists and writers and determine the terms and conditions of such appointments; (g) to manage and regulate the finances, accounts, investments, property of the University and all other affairs of the University and to appoint such agents as may be considered fit; (h) to invest any money belonging to the University, including any unapplied income, in such stocks, funds, shares or securities as it thinks fit or in the purchase of immovable property in India with like power of varying such investment from time to time, provided that no action under this clause shall be taken without consulting the Finance Committee; (i) to create administrative, ministerial and other necessary posts after taking into account the recommendations of the Finance Committee and to specify the manner of appointment thereto; (j) to regulate and enforce discipline amongst the employees in accordance with the Statutes and Ordinances; (k) to transfer or accept transfers of any immovable or movable property on behalf of the University; (l) to entertain, adjudicate upon, or redress the grievances of the employees and the students of the University who may, for any reason, feel aggrieved; (m) to fix the remuneration payable to course writers, counsellors, examiners and invigilators, and travelling and other allowances payable, after consulting the Finance Committee; (n) to select the common seal for the University and to provide for the use of such seal; (o) to delegate any of its powers to the Vice-Chancellor, Pro-Vice-Chancellors, Registrars, the Finance Officer or any other officer, employee or authority of the University, or to a committee appointed by it; (p) to institute fellowships, scholarships, studentships; and (q) to exercise such other powers and perform such other functions as may be conferred or imposed on it by the Act or the Statutes. (3) The Board of Management shall exercise all the powers of the University not otherwise provided for by the Act, Statutes, Ordinances and the Regulations for the fulfilment of the objects of the University. 8. Quorum for a meeting of the Board of Management Six members of the Board of Management shall form a quorum for a meeting of the Board. 9. Power of the Academic Council Subject to the Act, the Statutes and the Ordinances, the Academic Council shall in addition to all other powers vested in it under the Statutes, shall 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, evaluation or research or improvement in academic standards; (b) to consider matters of general academic interest either on its own initiative or on a reference from the Planning Board or a School of Studies or the Board of Management and to take appropriate action thereon; and (c) to frame such regulations and rules consistent with the Statutes and the Ordinances regarding the academic functioning of the University, including discipline, admissions, award of fellowships and studentships, fees and other academic requirements. 10. The Planning Board (1) The Planning Board shall consist of the more than ten members. (2) All the members of the Planning Board, other than the Vice-Chancellor, shall hold office for a term of three years. (3) It shall be the responsibility of the Planning Board to design and formulate appropriate programmes and activities of the University, and it shall, in addition, have the right to advise the Board of Management and the Academic Council on any matter which it may deem necessary for the fulfilment of the objects of the University: Provided that in case there is any difference of opinion between the Planning Board and the Academic Council on any matter, it shall be referred to the Board of Management whose decision shall be final. (4) The Planning Board may constitute such committees as may be necessary for planning and monitoring the programmes of the University. (5) The Planning Board shall meet at such intervals as it shall deem expedient, but it shall meet at least twice in a year. 11. The Finance Committee (1) The Finance Committee shall consist of not more than seven members. (2) All the members of the Finance Committee, other than the Vice-Chancellor, shall hold office for a term of three years from the dates on which they become members of the Committee. (3) Four members of the Finance Committee shall form a quorum for a meeting of the Committee. (4) The Finance Committee shall meet at least thrice a year to examine the accounts and scrutinise the expenditure. (5) All proposals relating to revision of grade, upgradation of the scales and those items which are not included in the budget, shall be examined by the Finance Committee before they are considered by the Board of Management. (6) 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 Board of Management within the overall ceiling fixed by the Committee. (7) The Finance Committee shall fix the limits for the total recurring and non-recurring expenditure for the year, based on income and resources of the University, and no expenditure shall be incurred by the University in excess of the limits so fixed. 12. Selection Committees (1) There shall be Selection Committee for making recommendations to the Board of Management for appointments to the posts of Professors, Readers, Lecturers and other academic staff and heads of institutions maintained by the University. (2) Each of the Selection Committees for appointment to the post of Professors, Readers, Lecturers and the academic staff shall consist of the following members, namely:— (a) the Vice-Chancellor; (b) a Pro-Vice-Chancellor or the Director of the School concerned nominated by the Vice-Chancellor; (c) a person nominated by the Visitor; and (d) three experts not connected with the University to be nominated by the Vice-Chancellor in such manner as may be specified in the Ordinances. (3) The quorum for a meeting of a Selected Committee shall be four, which will include at least two experts. (4) The procedure to be followed by the Selection Committee in making recommendations shall be laid down in the Ordinances. (5) If the Board of the Management is unable to accept the recommendations made by a Selection Committee, it shall record its reasons for such non-acceptance and submit the case to the Visitor for final orders. 13. Special mode of appointment (1) Notwithstanding anything contained in Statute 12, the Board of Management may invite a person of high academic distinction and professional attainments to accept the post of a Professor or a Reader or equivalent academic post in the University on such terms and conditions as it may deem fit, and appoint the person to such post. (2) The Board of Management may appoint a teacher or any other academic staff working in any other university or organisation for teaching or for undertaking a project or any work on such terms and conditions as may be determined by the Board in accordance with the manner specified by the Statutes. 14. Appointment for a fixed tenure The Board of Management may appoint a person selected in accordance with the procedure laid down in the Statutes for a fixed tenure on such terms and conditions as it may deem fit. 15. Recognised Teachers (1) The qualifications for recognition of persons working in other universities, Institutions or organisations as teachers shall be prescribed by the Ordinances. (2) The manner of recognising teachers, the period of recognition and withdrawal of recognition shall be prescribed by the Ordinances. 16. Committees (1) Any 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) Any committee appointed under clause (1) may deal with any subject delegated to it subject to the subsequent confirmation by the authority appointing it. 17. Terms and conditions of service and code of conduct of the teachers and other academic staff of the University (1) All the teachers and other academic staff of the University 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 and the Ordinances. (2) Every teacher and member of other academic staff of the University shall be appointed on a written contract, the form of which shall be specified in the Statutes. (3) A copy of every contract referred to in clause (2) shall be deposited with the Registrar. 18. Terms and conditions of service and code of conduct of other employees of the University All the employees of the University, other than the teachers and other academic staff of the University, 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 and the Ordinances. 19. Removal of employees of the 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 member of the academic staff, and the authority competent to the appoint (hereinafter referred to as appointing authority) in the case of other employee, may, by order in writing, place such teacher, member of the academic staff or other employee under suspension and shall forthwith report to the Board of Management the circumstances in which the order was made. (2) Notwithstanding anything contained in the terms of the contract of appointment or of any other terms and conditions of service of the employees, the Board of Management 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 as the case may be, other employee on grounds of misconduct. (3) Save as aforesaid, the Road of Management, or as the case may be, the appointing authority, shall not 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 this 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 Board a Management or the appointing authority, as the case may be, or by praying 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 Board of Management 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 Board of Management or the appointing authority, as the case may be. 20. Maintenance of discipline amongst students of the University (1) The powers regarding discipline and disciplinary action in regard to the students of the University shall vest with the Vice-Chancellor. The Vice-Chancellor may delegate all or any of his powers, as he may deem fit. (2) Without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action as he may deem appropriate of the maintenance of discipline, the Vice-Chancellor may, in the exercise of his power, by order, direct that any student or students be expelled or rusticated for a specified period and not admitted to a course or courses of study in the University or a recognised institution for a stated period, or be punished with a fine for an amount to be specified in the order, or debar him from taking an examination or examinations conducted by the University or a recognised institution for one or more years or that the result of the student or students concerned in the examination or examinations in which he or she has appeared to be cancelled. (3) The heads of recognised institutions shall have the authority to exercise all such disciplinary powers over the students in their respective institutions as may be necessary for proper conduct of such institution.