The Indira Gandhi National Tribal University Act, 2007
Administered Ministry: Ministry of Education / Department of Higher Education
Section
Section 21 Other officers.
The manner of appointment and powers and duties of other officers of the University shall be prescribed by the Statutes.
Section 22 Authorities of University.
The following shall be the authorities of the University:--
(1) the Court;
(2) the Executive Council;
(3) the Academic Council;
(4) the College Development Council;
(5) the Board of Studies;
(6) the Finance Committee; and
(7) 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 College Development Council;
(5) the Board of Studies;
(6) the Finance Committee; and
(7) such other authorities as may be declared by the Statutes to be the authorities of the University.
Section 23 The Court.
(1) The constitution of the Court and the term of office of its members shall be prescribed by the Statutes:
Provided that the Court shall have adequate number of members from amongst the Scheduled Tribes:
Provided further 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 advice; and
(d) to perform such other functions as may be prescribed by the Statutes.
Provided that the Court shall have adequate number of members from amongst the Scheduled Tribes:
Provided further 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 advice; and
(d) to perform such other functions as may be prescribed by the Statutes.
Section 24 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:
Provided that the Executive Council shall have adequate number of members from amongst the Scheduled Tribes:
Provided further that such number of members as may be prescribed by the Statutes shall be from amongst 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 the Executive Council shall have adequate number of members from amongst the Scheduled Tribes:
Provided further that such number of members as may be prescribed by the Statutes shall be from amongst the elected members of the Court.
Section 25 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, 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 its members and its powers and functions shall be prescribed by the Statutes:
Provided that the Academic Council shall have adequate number of members from amongst the Scheduled Tribes:
Provided further that such number of members as may be prescribed by the Statutes shall be from amongst the elected members of the Court who are teachers of the University.
(2) The constitution of the Academic Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes:
Provided that the Academic Council shall have adequate number of members from amongst the Scheduled Tribes:
Provided further that such number of members as may be prescribed by the Statutes shall be from amongst the elected members of the Court who are teachers of the University.
Section 26 The College Development Council.
(1) The College Development Council shall be responsible for admitting Colleges to the privileges of the University.
(2) The constitution of the College Development Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes:
Provided that the College Development Council shall have adequate number of members from amongst the Scheduled Tribes.
(2) The constitution of the College Development Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes:
Provided that the College Development Council shall have adequate number of members from amongst the Scheduled Tribes.
Section 27 The Boards of Studies, Academic Boards and Management Boards.
The constitution, powers and functions of the Boards of Studies, the Academic Boards and the Management Boards shall be prescribed by the Statutes:
Provided that the Boards of Studies, the Academic Boards and the Management Boards shall have adequate number of members from amongst the Scheduled Tribes.
Provided that the Boards of Studies, the Academic Boards and the Management Boards shall have adequate number of members from amongst the Scheduled Tribes.
Section 28 The Finance Committee.
The constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes:
Provided that the Finance Committee shall have adequate number of members from amongst the Scheduled Tribes.
Provided that the Finance Committee shall have adequate number of members from amongst the Scheduled Tribes.
Section 29 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:
Provided that the other authorities of the University shall have adequate number of members from amongst the Scheduled Tribes.
Provided that the other authorities of the University shall have adequate number of members from amongst the Scheduled Tribes.
Section 30 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;
(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 recognition of persons as recognised teachers;
(f) the appointment of teachers, academic staff working in any other University or organisation for a specific period for undertaking a joint project;
(g) the conditions of service of employees including provisions for pension, insurance, provident fund, the manner of termination of service and disciplinary action;
(h) the principles governing the seniority of service of the employees of the University;
(i) the procedure for arbitration in cases of dispute between employees or students and the University;
(j) the procedure for appeal to the Executive Council by any employee or student against the action of any officer or authority of the University;
(k) the conferment of autonomous status on a College or an Institution or a Department;
(l) the establishment and abolition of Faculties, Departments, Centres, Halls, Colleges and Institutions;
(m) the conferment of honorary degrees;
(n) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(o) the conditions under which Colleges and Institutions may be admitted to the privileges of the University and the withdrawal of such privileges;
(p) the management of Colleges and Institutions established by the University;
(q) the delegation of powers vested in the authorities or officers of the University;
(r) the maintenance of discipline among the employees and students; and
(s) 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 recognition of persons as recognised teachers;
(f) the appointment of teachers, academic staff working in any other University or organisation for a specific period for undertaking a joint project;
(g) the conditions of service of employees including provisions for pension, insurance, provident fund, the manner of termination of service and disciplinary action;
(h) the principles governing the seniority of service of the employees of the University;
(i) the procedure for arbitration in cases of dispute between employees or students and the University;
(j) the procedure for appeal to the Executive Council by any employee or student against the action of any officer or authority of the University;
(k) the conferment of autonomous status on a College or an Institution or a Department;
(l) the establishment and abolition of Faculties, Departments, Centres, Halls, Colleges and Institutions;
(m) the conferment of honorary degrees;
(n) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(o) the conditions under which Colleges and Institutions may be admitted to the privileges of the University and the withdrawal of such privileges;
(p) the management of Colleges and Institutions established by the University;
(q) the delegation of powers vested in the authorities or officers of the University;
(r) the maintenance of discipline among the employees and students; and
(s) all other matters which by this Act are to be or may be provided for by the Statutes.
Section 31 Statutes, how to be made. 1 docs
(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 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 the foregoing sub-sections, 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 the foregoing sub-sections, 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 32 Power to make Ordinances. 1 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 institution of fellowships, scholarships, studentships, medals and prizes;
(g) the conditions for award of fellowships, scholarships, studentships, medals and prizes;
(h) the conduct of examinations, including the term of office and the manner of appointment and the duties of examining bodies, examiners and moderators;
(i) the conditions of residence of the students of the University;
(j) 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;
(k) the appointments and emoluments of employees other than those for whom provision has been made in the Statutes;
(l) the setting up of a machinery for redressal of grievances of employees;
(m) the establishment and management of Regional Centres, Schools, Colleges, other Institutions, Centres of Studies, Boards of Studies, Special Centres, Specialised Laboratories and other Committees;
(n) the manner of co-operation and collaboration with other Universities, institutions and other non-profiteering agencies including learned bodies or associations;
(o) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;
(p) the institution of fellowships, scholarships, studentships, medals and prizes;
(q) the supervision of management of Colleges and Institutions admitted to the privileges of the University; and
(r) 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 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 institution of fellowships, scholarships, studentships, medals and prizes;
(g) the conditions for award of fellowships, scholarships, studentships, medals and prizes;
(h) the conduct of examinations, including the term of office and the manner of appointment and the duties of examining bodies, examiners and moderators;
(i) the conditions of residence of the students of the University;
(j) 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;
(k) the appointments and emoluments of employees other than those for whom provision has been made in the Statutes;
(l) the setting up of a machinery for redressal of grievances of employees;
(m) the establishment and management of Regional Centres, Schools, Colleges, other Institutions, Centres of Studies, Boards of Studies, Special Centres, Specialised Laboratories and other Committees;
(n) the manner of co-operation and collaboration with other Universities, institutions and other non-profiteering agencies including learned bodies or associations;
(o) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;
(p) the institution of fellowships, scholarships, studentships, medals and prizes;
(q) the supervision of management of Colleges and Institutions admitted to the privileges of the University; and
(r) 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 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 33 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 34 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 35 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 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 Official Gazette.
(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 Official Gazette.
Section 36 Fund of University.
(1) There shall be a University Fund which shall include--
(a) any contribution or grant made by the State Government;
(b) any contribution or grant made by the University Grants Commission or the Central Government;
(c) any contribution made by Government, semi-Government or autonomous bodies;
(d) any bequests, donations, endowments or other grants made by any private individual or institution;
(e) income received by the University from fees and charges; and
(f) amounts received from any other source.
(2) The amount of the said Fund shall be kept in a Scheduled Bank as defined in the Reserve Bank of India Act, 1934 (2 of 1934) or in a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) and the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980) or may be invested in such securities authorised by the Indian Trusts Act, 1882 (2 of 1882) as may be decided by the Executive Council.
(3) The said Fund may be utilised for such purposes of the University and in such manner as may be prescribed.
(a) any contribution or grant made by the State Government;
(b) any contribution or grant made by the University Grants Commission or the Central Government;
(c) any contribution made by Government, semi-Government or autonomous bodies;
(d) any bequests, donations, endowments or other grants made by any private individual or institution;
(e) income received by the University from fees and charges; and
(f) amounts received from any other source.
(2) The amount of the said Fund shall be kept in a Scheduled Bank as defined in the Reserve Bank of India Act, 1934 (2 of 1934) or in a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) and the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980) or may be invested in such securities authorised by the Indian Trusts Act, 1882 (2 of 1882) as may be decided by the Executive Council.
(3) The said Fund may be utilised for such purposes of the University and in such manner as may be prescribed.
Section 37 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.
Section 38 Conditions of service of employees.
(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.
Section 39 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 38 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 sub-sections (2), (3), (4) and (5) of section 38 shall, as far as may be, apply to a reference made under this sub-section.
Section 40 Right to appeal.
Every employee or student of the University or of a College or Institution maintained by the University or admitted to its privileges 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 or the management of any College or an Institution, as the case may be, and thereupon the Executive Council may confirm, modify or reverse the decision appealed against.