The National Forensic Sciences University Act, 2020
Administered Ministry: Ministry of Home Affairs / Women Safety Division
Section
Section 41 Statutes how to be made.
(1) The first Statutes of the University shall be made by the Board of Governors with the prior approval of the Central Government and a copy of the same shall be laid as soon as may be it is made, before each House of Parliament:
Provided that till such Statutes are made, the provisions of existing regulations of the Gujarat Forensic Sciences University, Gandhinagar shall continue to be applicable:
Provided further that till the Statutes for the administrative functioning of Delhi campus of the University is made, the functions in Delhi campus shall continue in the same manner presently being followed by the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi.
(2) The Board of Governors 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 Board of Governors 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 Board of Governors.
(3) Notwithstanding anything contained in this section, the Central Government may direct the University to make provisions in the Statutes in respect of any matter as it may specify.
(4) The power to make Statutes shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the Statutes or any of them, but no retrospective effect shall be given to any Statute so as to prejudicially affect the interests of any person to whom such Statute may be applicable.
Provided that till such Statutes are made, the provisions of existing regulations of the Gujarat Forensic Sciences University, Gandhinagar shall continue to be applicable:
Provided further that till the Statutes for the administrative functioning of Delhi campus of the University is made, the functions in Delhi campus shall continue in the same manner presently being followed by the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi.
(2) The Board of Governors 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 Board of Governors 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 Board of Governors.
(3) Notwithstanding anything contained in this section, the Central Government may direct the University to make provisions in the Statutes in respect of any matter as it may specify.
(4) The power to make Statutes shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the Statutes or any of them, but no retrospective effect shall be given to any Statute so as to prejudicially affect the interests of any person to whom such Statute may be applicable.
Section 42 Ordinances.
Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:--
(a) the admission of students to the University and their enrolment as such;
(b) the courses of study to be laid down for all degrees, diplomas and certificates of the University;
(c) the medium of instruction and examination;
(d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same;
(e) the fees to be charged for courses of study in the University and for admission to examinations, degrees and diplomas to the University;
(f) the conditions and institution for award of fellowships, scholarships, studentships, medals and prizes;
(g) the conduct of examination including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators;
(h) the conditions of residence of the students of the University;
(i) the special arrangements, if any, which may be made for the residence and teaching of women students and the specifying of special courses of studies for them;
(j) the establishment of centres of studies, boards of studies, specialised laboratories and other committees;
(k) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;
(l) the setting up of machinery for redressal of grievances of employees and students; and
(m) any other matter which by this Act or Statutes, is to be, or may be, specified in the Ordinances.
(a) the admission of students to the University and their enrolment as such;
(b) the courses of study to be laid down for all degrees, diplomas and certificates of the University;
(c) the medium of instruction and examination;
(d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same;
(e) the fees to be charged for courses of study in the University and for admission to examinations, degrees and diplomas to the University;
(f) the conditions and institution for award of fellowships, scholarships, studentships, medals and prizes;
(g) the conduct of examination including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators;
(h) the conditions of residence of the students of the University;
(i) the special arrangements, if any, which may be made for the residence and teaching of women students and the specifying of special courses of studies for them;
(j) the establishment of centres of studies, boards of studies, specialised laboratories and other committees;
(k) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;
(l) the setting up of machinery for redressal of grievances of employees and students; and
(m) any other matter which by this Act or Statutes, is to be, or may be, specified in the Ordinances.
Section 43 Ordinances how made.
(1) Save as otherwise provided in this section, Ordinances shall be made by the Academic Council.
(2) All Ordinances made by the Academic Council shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Board of Governors and shall be considered by the Board of Governors at its next succeeding meeting.
(3) The Board of Governors shall have power by resolution to approve, modify or cancel any such Ordinance and such Ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be.
(2) All Ordinances made by the Academic Council shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Board of Governors and shall be considered by the Board of Governors at its next succeeding meeting.
(3) The Board of Governors shall have power by resolution to approve, modify or cancel any such Ordinance and such Ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be.
Section 44 Tribunal of Arbitration.
(1) Every employee of the University shall be appointed under a written contract, which shall be retained by the University and a copy of which shall be given 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 Board of Governor, one member nominated by the employee concerned and chaired by an umpire appointed by the Central Government.
(3) The decision of the Tribunal of Arbitration shall be final and no suit shall lie in any civil court in respect of the matters decided by the said 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 of Arbitration shall be laid down in 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 Board of Governor, one member nominated by the employee concerned and chaired by an umpire appointed by the Central Government.
(3) The decision of the Tribunal of Arbitration shall be final and no suit shall lie in any civil court in respect of the matters decided by the said 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 of Arbitration shall be laid down in the Statutes.
Section 45 Redressal for debarment from examination and disciplinary action against students.
(1) Any student or candidate for an examination whose name has been removed from the rolls of the University by an order 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 order or copy of such resolution by him, appeal to the Board of Governors and the Board of Governors may confirm, modify or reverse the decision of the Vice-Chancellor, 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 44 shall 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 44 shall apply to a reference made under this sub-section.
Section 46 Disputes as to constitution of 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 Board of Governors for decision.
Section 47 Power of Central Government to make rules in respect of matters relating to Board of Governors.
(1) The Central Government may, after previous publication, make rules to carry out the purposes relating to the Board of Governors.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the manner of filling vacancies among the members of the Board of Governors;
(b) the disqualifications for being chosen as, and for being a member of the Board of Governors;
(c) the circumstances in which, and the authority by which, members may be removed;
(d) the meetings of the Board of Governors and the procedure for conduct of business;
(e) the travelling and other allowances payable to members of the Board of Governors; and
(f) the manner in which functions of the Board of Governors may be exercised.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the manner of filling vacancies among the members of the Board of Governors;
(b) the disqualifications for being chosen as, and for being a member of the Board of Governors;
(c) the circumstances in which, and the authority by which, members may be removed;
(d) the meetings of the Board of Governors and the procedure for conduct of business;
(e) the travelling and other allowances payable to members of the Board of Governors; and
(f) the manner in which functions of the Board of Governors may be exercised.
Section 48 Acts and proceeding not to be invalidated by vacancies, etc.
No act of the Board of Governors or any other body set up under this Act or the Statutes, shall be invalid merely by reason of--
(a) any vacancy in, or defect in the constitution thereof; or
(b) any defect in the election, nomination or appointment of a person acting as a member thereof; or
(c) any irregularity in its procedure not affecting the merits of the case.
(a) any vacancy in, or defect in the constitution thereof; or
(b) any defect in the election, nomination or appointment of a person acting as a member thereof; or
(c) any irregularity in its procedure not affecting the merits of the case.
Section 49 University to be a public authority under Right to Information Act.
The provisions of Right to Information Act, 2005 (22 of 2005) shall apply to the University, as it were a public authority defined in clause (h) of section 2 of that Act.
Section 50 Protection of action taken in good faith.
No suit or other legal proceedings shall lie against any officer or other 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 or Statutes or Ordinances made thereunder.
Section 51 Power of Central Government to issue directions.
(1) The University shall, in discharge of its functions under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time.
(2) The decision of the Central Government as to whether a question is one of policy or not shall be final.
(2) The decision of the Central Government as to whether a question is one of policy or not shall be final.
Section 52 Residuary provision.
(1) The Board of Governors shall have the authority to deal with any matter pertaining to the University and not specifically dealt with in this Act.
(2) The decision of the Board of Governors on all such matters shall be final.
(2) The decision of the Board of Governors on all such matters shall be final.
Section 53 Laying of rules, Statutes, Ordinances and notifications.
(1) Every rule, Statute or Ordinance made and every notification issued under this Act shall be published in the Official Gazette.
(2) Every rule, Statute or Ordinance made and every notification issued under this Act, shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, Statute, Ordinance or notification or both Houses agree that the rule, Statute, Ordinance or notification should not be made, the rule, Statute, Ordinance or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, Statute, Ordinance or notification.
(2) Every rule, Statute or Ordinance made and every notification issued under this Act, shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, Statute, Ordinance or notification or both Houses agree that the rule, Statute, Ordinance or notification should not be made, the rule, Statute, Ordinance or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, Statute, Ordinance or notification.
Section 54 Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions or give such directions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of the period of two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Provided that no such order shall be made under this section after the expiry of the period of two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Section 55 Transitional provisions.
Notwithstanding anything contained in this Act and the Statutes made thereunder,--
(a) the existing Director General of the Gujarat Forensic Sciences University, Gandhinagar shall be appointed by the Central Government as the first Vice-Chancellor of the University for a period of three years and he shall be eligible for re-appointment for a further period of three years;
(b) till such time the University constitutes such authorities or committees as may be required under the provisions of this Act, the existing committee or Board in the Gujarat Forensic Sciences University, Gandhinagar shall continue to exercise the respective roles or, as the case may be, till the Board of Governors determine;
(c) the existing Director of Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi shall be appointed as the Campus Director for Delhi campus of the University till a regular Director is appointed by the University;
(d) the existing Registrar of the Gujarat Forensic Sciences University, Gandhinagar shall be appointed as the first Executive Registrar of the University, or, as the case may be, till the Board of Governors determine.
(a) the existing Director General of the Gujarat Forensic Sciences University, Gandhinagar shall be appointed by the Central Government as the first Vice-Chancellor of the University for a period of three years and he shall be eligible for re-appointment for a further period of three years;
(b) till such time the University constitutes such authorities or committees as may be required under the provisions of this Act, the existing committee or Board in the Gujarat Forensic Sciences University, Gandhinagar shall continue to exercise the respective roles or, as the case may be, till the Board of Governors determine;
(c) the existing Director of Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi shall be appointed as the Campus Director for Delhi campus of the University till a regular Director is appointed by the University;
(d) the existing Registrar of the Gujarat Forensic Sciences University, Gandhinagar shall be appointed as the first Executive Registrar of the University, or, as the case may be, till the Board of Governors determine.
Section 56 Repeal of Gujarat Act 17 of 2008.
(1) The Gujarat Forensic Sciences University Act, 2008 is hereby repealed.
(2) Notwithstanding such repeal,--
(a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done under the Gujarat Forensic Sciences University Act, 2008, shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this Act and, except as otherwise provided by or under this Act or the Statutes, continue in force unless and until they are superseded by any order made under this Act or the Statutes; and
(b) all the proceedings of selection committee or any other authority, if any, for the appointment or promotion of teachers and other employees that took place before the commencement of this Act and all actions of the concerned authorities in respect of the recommendations of such selection committee or authority, if any, where no orders of appointment on the basis thereof were passed before the commencement of this Act shall, notwithstanding that the procedure for selection has been modified by this Act, be deemed to have been valid but further proceeding in connection with such pending selections shall be taken in accordance with the provisions of this Act and be continued from the stage where they stood immediately before such commencement, except if the concerned authorities take a decision to the contrary.
(2) Notwithstanding such repeal,--
(a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done under the Gujarat Forensic Sciences University Act, 2008, shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this Act and, except as otherwise provided by or under this Act or the Statutes, continue in force unless and until they are superseded by any order made under this Act or the Statutes; and
(b) all the proceedings of selection committee or any other authority, if any, for the appointment or promotion of teachers and other employees that took place before the commencement of this Act and all actions of the concerned authorities in respect of the recommendations of such selection committee or authority, if any, where no orders of appointment on the basis thereof were passed before the commencement of this Act shall, notwithstanding that the procedure for selection has been modified by this Act, be deemed to have been valid but further proceeding in connection with such pending selections shall be taken in accordance with the provisions of this Act and be continued from the stage where they stood immediately before such commencement, except if the concerned authorities take a decision to the contrary.