The Nalanda University Act, 2010
Administered Ministry: Ministry of External Affairs
Section
Section 21 Privileges and immunities of academic staff, etc. 1 docs
The members of the academic staff and, where applicable, their dependents or members of the family, shall enjoy such privileges and immunities as the Central Government may, after entering into an agreement with the University, notify under section 3 of the United Nations (Privileges and Immunities) Act, 1947 (46 of 1947).
Section 22 Authorities of the University.
The following shall be the authorities of the University:--
(1) the Governing Board;
(2) the Academic Council;
(3) the Boards of Schools of Studies;
(4) the Finance Committee; and
(5) such other authorities as may be declared by the Statutes to be the authorities of the University.
(1) the Governing Board;
(2) the Academic Council;
(3) the Boards of Schools of Studies;
(4) the Finance Committee; and
(5) such other authorities as may be declared by the Statutes to be the authorities of the University.
Section 23 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 general regulation of, and be responsible for, the maintenance of standards of learning, education, instruction, evaluation and examination within the University and shall exercise such other powers and perform such other functions as may be conferred or imposed upon it by the Statutes.
(2) The constitution of the Academic Council and the term of office of its members shall be prescribed by the Statutes.
(2) The constitution of the Academic Council and the term of office of its members shall be prescribed by the Statutes.
Section 24 The School of Studies.
(1) There shall be such number of Schools of Studies as the University may determine from time to time.
(2) Without prejudice to the generality of the foregoing provision contained in sub-section (1), the University shall have the following Schools, namely:--
(i) Buddhist Studies, Philosophy and Comparative Religions;
(ii) Historical Studies;
(iii) International Relations and Peace Studies;
(iv) Business Management in relation to Public Policy and Development Studies;
(v) Languages and Literature;
(vi) Ecology and Environment Studies;
(vii) any other school as may be prescribed by the Statutes.
(3) Every School of Studies shall have a Board comprising of such members as may be prescribed by the Statutes.
(4) The powers and functions of the Boards of School of Studies shall be prescribed by the Statutes.
(2) Without prejudice to the generality of the foregoing provision contained in sub-section (1), the University shall have the following Schools, namely:--
(i) Buddhist Studies, Philosophy and Comparative Religions;
(ii) Historical Studies;
(iii) International Relations and Peace Studies;
(iv) Business Management in relation to Public Policy and Development Studies;
(v) Languages and Literature;
(vi) Ecology and Environment Studies;
(vii) any other school as may be prescribed by the Statutes.
(3) Every School of Studies shall have a Board comprising of such members as may be prescribed by the Statutes.
(4) The powers and functions of the Boards of School of Studies shall be prescribed by the Statutes.
Section 25 The Finance Committee.
The constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes.
Section 26 Other authorities.
The constitution, powers and functions of the other authorities which may be declared by the Statutes to be authorities of the University shall be prescribed by the Statutes.
Section 27 Statutes.
Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:--
(a) the manner of appointment of the Chancellor;
(b) the manner of appointment of the Vice-Chancellor, the term of his appointment, the emoluments and other conditions of his service and the powers and functions that may be exercised and performed by him;
(c) the manner of appointment of the Registrar, the Finance Officer, the Controller of Examinations and other officers and terms and conditions of their service and the powers and functions that may be exercised and performed by such officers;
(d) the other authorities of the University, the terms of office of the members of such authorities and the powers and functions that may be exercised and performed by such authorities;
(e) the appointment of teachers and other employees of the University, their emoluments and other conditions of service:
Provided that the terms and conditions of teachers and employees shall not be varied to their disadvantage;
(f) the constitution of a pension or provident fund and the establishment of an insurance scheme for the benefit of the employees of the University;
(g) the principles governing the seniority of service of the employees of the University;
(h) the procedure for regulating the work of the Tribunal of Arbitration;
(i) the procedure for the settlement of disputes between the employees or students of the University, and the University;
(j) the co-ordination and determination of standards in the University;
(k) Schools of Studies, members of its Board and the power and functions of such Board;
(l) all other matters which by this Act are to be, or may be, provided by the Statutes.
(a) the manner of appointment of the Chancellor;
(b) the manner of appointment of the Vice-Chancellor, the term of his appointment, the emoluments and other conditions of his service and the powers and functions that may be exercised and performed by him;
(c) the manner of appointment of the Registrar, the Finance Officer, the Controller of Examinations and other officers and terms and conditions of their service and the powers and functions that may be exercised and performed by such officers;
(d) the other authorities of the University, the terms of office of the members of such authorities and the powers and functions that may be exercised and performed by such authorities;
(e) the appointment of teachers and other employees of the University, their emoluments and other conditions of service:
Provided that the terms and conditions of teachers and employees shall not be varied to their disadvantage;
(f) the constitution of a pension or provident fund and the establishment of an insurance scheme for the benefit of the employees of the University;
(g) the principles governing the seniority of service of the employees of the University;
(h) the procedure for regulating the work of the Tribunal of Arbitration;
(i) the procedure for the settlement of disputes between the employees or students of the University, and the University;
(j) the co-ordination and determination of standards in the University;
(k) Schools of Studies, members of its Board and the power and functions of such Board;
(l) all other matters which by this Act are to be, or may be, provided by the Statutes.
Section 28 Statutes how made. 4 docs
(1) The first Statutes shall be made by the Governing Board, with the prior approval of the Visitor, within six months of the commencement of this Act, for operation of University.
(2) The Governing Board 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 Governing Board shall not make, amend or repeal any Statute affecting the status, powers or constitution of any authority of the University until such authority has been given a reasonable opportunity to express its opinion in writing on the proposed changes and any opinion so expressed has been considered by the Governing Board.
(3) Every new Statute or addition to the Statutes or any amendment or repeal thereof shall require the assent of the Visitor, who may assent thereto or withhold assent or remit to the Governing Board for reconsideration in the light of the observations, if any, made by him.
(4) A new Statute or a Statute amending or repealing an existing Statute shall not be valid unless it has been assented to by the Visitor.
(5) 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 Governing Board is unable to implement such a direction within sixty days of its receipt, the Visitor may, after considering the reasons, if any, communicated by the Governing Board for its inability to comply with such directions, make or amend the Statutes suitably.
(2) The Governing Board 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 Governing Board shall not make, amend or repeal any Statute affecting the status, powers or constitution of any authority of the University until such authority has been given a reasonable opportunity to express its opinion in writing on the proposed changes and any opinion so expressed has been considered by the Governing Board.
(3) Every new Statute or addition to the Statutes or any amendment or repeal thereof shall require the assent of the Visitor, who may assent thereto or withhold assent or remit to the Governing Board for reconsideration in the light of the observations, if any, made by him.
(4) A new Statute or a Statute amending or repealing an existing Statute shall not be valid unless it has been assented to by the Visitor.
(5) 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 Governing Board is unable to implement such a direction within sixty days of its receipt, the Visitor may, after considering the reasons, if any, communicated by the Governing Board for its inability to comply with such directions, make or amend the Statutes suitably.
Section 29 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, the courses of study and fees therefor, the qualifications pertaining to degrees, diplomas, certificates and other courses, the conditions for the grant of fellowships, awards and the like;
(b) the conduct of examinations, including the terms and conditions and manner of appointment of examiners;
(c) any other matter which by this Act or the Statutes is to be, or may be, provided for by the Ordinances.
(2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Governing Board and the Ordinances so made may be amended, repealed or added to at any time by the Governing Board, in the manner prescribed by the Statutes.
(a) the admission of students, the courses of study and fees therefor, the qualifications pertaining to degrees, diplomas, certificates and other courses, the conditions for the grant of fellowships, awards and the like;
(b) the conduct of examinations, including the terms and conditions and manner of appointment of examiners;
(c) any other matter which by this Act or the Statutes is to be, or may be, provided for by the Ordinances.
(2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Governing Board and the Ordinances so made may be amended, repealed or added to at any time by the Governing Board, in the manner prescribed by the Statutes.
Section 30 Regulations. 1 docs
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 31 Annual report.
(1) The annual report of the University shall be prepared under the directions of the Governing Board which shall include, among other matters, the steps taken by the University towards the fulfilment of its objectives.
(2) The annual report so prepared shall be submitted to the Visitor on or before such date as may be prescribed by the Statutes.
(3) A copy of the annual report so prepared shall also be submitted to the Member States and exhibited on the website of the University.
(2) The annual report so prepared shall be submitted to the Visitor on or before such date as may be prescribed by the Statutes.
(3) A copy of the annual report so prepared shall also be submitted to the Member States and exhibited on the website of the University.
Section 32 Annual accounts, etc.
(1) The annual accounts and the balance sheet of the University shall be prepared under the directions of the Governing Board 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.
(2) A copy of the accounts together with the audit report shall be submitted to the Visitor along with the observations, if any, of the Governing Board.
(3) Any observations made by the Visitor on the annual accounts shall be brought to notice of the Governing Board and the views of the Governing Board, if any, on such observations shall be submitted to the Visitor.
(4) A copy of the annual report and 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 the Houses of Parliament.
(5) The audited annual accounts, after having been laid before both the Houses of Parliament, shall be published in the Gazette of India.
(6) A copy of the audited annual accounts shall also be submitted to the Member States.
(2) A copy of the accounts together with the audit report shall be submitted to the Visitor along with the observations, if any, of the Governing Board.
(3) Any observations made by the Visitor on the annual accounts shall be brought to notice of the Governing Board and the views of the Governing Board, if any, on such observations shall be submitted to the Visitor.
(4) A copy of the annual report and 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 the Houses of Parliament.
(5) The audited annual accounts, after having been laid before both the Houses of Parliament, shall be published in the Gazette of India.
(6) A copy of the audited annual accounts shall also be submitted to the Member States.
Section 33 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 Governing Board, 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.
(4) Every request made by an 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 Governing Board, 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.
(4) Every request made by an 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 34 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, Disciplinary 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 Governing Board and the Governing Board 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 33 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 33 shall, as far as may be, apply to a reference made under this sub-section.
Section 35 Right to appeal.
Every employee or student of the University or of a School of Studies or Centre 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 Governing Board against the decision of any officer or authority of the University or of the Principal or the management of any School of Studies or Centre or an Institution, as the case may be, and thereupon the Governing Board may confirm, modify or reverse the decision appealed against.
Section 36 Provident and pension funds.
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.
Section 37 Disputes as to the constitution of authorities and bodies.
If any question arises as to whether any person has been duly nominated 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 38 Filling of casual vacancies.
All the casual vacancies among the members (other than ex officio members) of any authority or other body of the University shall be filled, as soon as may be convenient, by the person or body who appoints, nominates or co-opts the members whose place has become vacant and any person so appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.
Section 39 Proceedings of authorities or bodies not invalidated by vacancies.
No act or proceedings of any authority or any other body of the University shall be invalid merely by reason of the existence of any vacancy or vacancies among its members.
Section 40 Protection of action taken in good faith.
No suit or other legal proceedings shall lie against any officer or employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or the Ordinances.