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INDIRA GANDHI NATIONAL OPEN UNIVERSITY ACT, 1985
50 of 1985
2nd September, 1985
STATEMENT OF OBJECTS AND REASONS Despite the tremendous expansion of the formal system of higher education since independence, the pressure on the system is continuously increasing. Indeed, the system has not been able to provide an effective means to equalise educational opportunities. The rigidity of the system requiring, among others, attendance in classrooms have been a disincentive to many learners. Moreover the combinations of subjects are inflexible and are often not relevant to the needs of the learners. This has resulted in a pronounced mismatch between the contents of most programmes and the needs of the development sectors. The experience of several developed or developing countries indicate that distance education programmes can provide an alternative system that will be cost-effective and relevant, while at the same time ensuring effective equalisation of opportunities. Though a diversity of means, including the utilisation of modern communication technology, the distance education can provide more flexible and open learning programmes that will suit the needs of various categories of learners, especially the weaker sections of society. The introduction and promotion of distance education in the educational system of the country is, therefore, of great significance. The Bill seeks to establish a National Open University at Delhi to achieve the above objects. -Gaz. of Ind., 21-5-1985, Pt. II, S. 2, Ext., p. 28 (No. 31).
An Act to establish and incorporate an open University at the national level for the introduction and promotion of open university and distance education systems in the educational pattern of the country and for the co-ordination and determination of standards in such systems. Be it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows :-
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called the Indira Gandhi National Open University, Act, 1985.
(2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.
SECTION 02: DEFINITIONS
- In this Act, and the Statutes made hereunder, unless the context otherwise, requires, -
(a) "Academic Council" means the Academic Council of the University;
(b) "Board of Management" means the Board of Management of the University;
(c) "Board of Recognition" means the Board of Recognition of the University;
(d) "College" means a College or other academic institution established or maintained by, or admited to the privileges of, the University;
(e) "distance education system" means the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or more of such means;
(f) "employee" means any person appointed by the University, and includes teachers and other academic staff of the University;
(g) "Finance Committee" means the Finance Committee of the University;
(h) "Governing Body", in relation to a College, means any body (by whatever name called) charged with the management of the affairs of the College and recognised as such by the University;
(i) "Planning Board" means the Planning Board of the University;
(j) "Regional Centre" means a centre established or maintained by the University for the purpose of co-ordinating and supervising the work of Study Centres in any region and for performing such other functions as may be conferred on such centre by the Board of Management;
(k) "Regulations" means the Regulations made by any authority of the University under this Act for the time being in force;
(l) "School" means a School of Studies of the University;
(m) "Statutes" and "Ordinances" mean, respectively, the Statutes and Ordinances of the University for the time being in force;
(n) "Student" means a student of the University, and includes any person who has enrolled himself for pursuing any course of study of the University;
(o) "Study Centre" means a centre established, maintained or recognised by the University for the purpose of advising, counselling or for rendering any other assistance required by the students;
(p) "teachers" means Professors, Readers, Lecturers and such other persons as may be designated as such by the Ordinances for imparting instruction in the University or for giving guidance or rendering assistance to students for pursuing any course of study of the University;
(q) "University" means the Indira Gandhi National Open University established under this Act;
(r) "Vice-Chancellor" and "Pro-Vice-Chancellor" means, respectively, the Vice- Chancellor and a Pro-Vice-Chancellor of the University.
SECTION 03: ESTABLISHMENT AND INCORPORATION OF THE UNIVERSITY
(1) There shall be established a University by the name of "the Indira Gandhi National Open University".
(2) The headquarters of the University shall be at Delhi and it may establish or maintain Colleges, Regional Centres and Study Centres at such other places in India as it may deem fit.3["Provided that the University may, with the prior approval of the Visitor, also establish Study Centres outside India."]
(3) The first Vice-Chancellor, the first "Pro-Vice-Chancellors and the first members of the Board of Management, the Academic Council and the Planning Board and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of "the Indira Gandhi National Open University".
(4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.
SECTION 04: THE OBJECTS OF THE UNIVERSITY
The objects of the University shall be to advance and disseminate learning and knowledge by a diversity of means, including the use of any communication technology, to provide opportunities for higher education to a larger segment of the population and to promote the educational well being of the community generally, to encourage the Open University and distance education systems in the educational pattern of the country and to co-ordinate and determine the standards in such systems, and the University shall, in organising its activities, have due regard to the objects specified in the First Schedule.
SECTION 05: POWERS OF THE UNIVERSITY
(1) The University shall have the following powers, namely:-
(i) to provide for instruction in such branches of knowledge, technology, vocations and professions as the University may determine from time to time and to make provision for research;
(ii) to plan and prescribe courses of study for degrees, diplomas, certificates or for any other purpose; -
(iii) to hold examinations and confer degrees, diplomas, certificates or other academic distinctions or recognitions on persons who have pursued a course of study or conducted research in the manner laid down by the Statutes and Ordinances;
(iv) to confer honorary degrees or other distinction in the manner laid down by the Statutes;
(v) to determine the manner in which distance education in relation to the academic programmes of the University may be organised;
(vi) to institute professorships, readerships, lecturerships and other academic positions necessary for imparting instruction or for preparing educational material or for conducting other academic activities, including guidance, designing and delivery of course and evaluation of the work done by the students, and to appoint persons to such professorships, readerships, lecturerships and other academic positions;
(vii) to co-operate with, and seek the co-operation of, other universities and institutions of higher learning, professional bodies and organisations for such purposes as the University considers necessary;
(viii) to institute and award fellowships, scholarships, prizes and such other awards for recognition of merit as the University may deem fit;
(ix) to establish and maintain such Regional Centres as may be determined by the University from time to time;
(x) to establish, maintain or recognise Study Centres in the manner laid down by the Statutes;
(xi) to provide for the preparation of instructional materials, including films, cassettes, tapes, video cassettes and other software;
(xii) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, lesson writers, evarutors and other academic staff;
(xiii) to recognise examinations of, or periods of study (whether in full or part) at, other universities, institutions or other places of higher learning as equivalent to examinations or periods of study in the University, and or withdraw such recognition at any time;
(xiv) to make provision for research and development in educational technology and related matters;
(xv) to create administrative, ministerial and other necessary posts and to make appointments thereto;
(xvi) to receive benefactions, donations and gifts and to acquire, hold, maintain and dispose of any property movable or immovable, including trust and Government property, for the purposes of the University;
(xvii) to borrow, with the approval of the Central Government, whether on the security of the property of the University or otherwise, money for the purposes of the University;
(viii) to enter into, carry out, vary or cancel contracts;
(xix) to demand and receive such fees and other charges as may be laid down by the Ordinances;.
(xx) to provide, control and maintain discipline among the students and all categories of employees and to lay down the conditions of service of such employees, including their codes of conduct;
(xxi) to recognise any institution of higher learning or studies for such purposes as the University may determine and to withdraw such recognition;
(xxii) to appoint, either on contract or otherwise, visiting Professors, Emeritus Professors, Consultants, fellows, scholars, artists, course writers and such other persons who may. contribute to the advancement of the objects of the University;
(iii) to recognise persons working in other universities, institutions or organisations as teachers of the University on such terms and conditions as may be laid down by the Ordinances;
(iiv) to determine standards and to specify conditions for the admission of students to courses of study of the University which may include examination, evaluation and any other method of testing;
(xv) to make arrangements for the promotion of the general health and welfare of the employees;
(xvi) to confer autonomous status on a College or a Regional Centre in the manner laid down by the Statutes;
(vii) to admit to its privileges any College in or outside India subject to such conditions as may be laid down by the Statutes: Provided that no College shall be so admitted 'except with the prior approval of the Visitor ;
(xxviii) to do all such acts as may be necessary or incidental to the exercise of all or any of the powers of the University as are necessary and conducive to the promotion of all or any of the objects of the University.
(2) Notwithstanding anything contained in any other law for the time being in force, but without prejudice to the provisions of sub-sec. (1), it shall be the duty of the University to take all such steps as it may deem fit for the promotion of the open university and distance education systems and for the determination of standards of teaching, evaluation and research in such systems, and for the purpose of performing this function, the University shall have such powers, including the power to allocate and disburse grants to Colleges, whether admitted to its privileges or not, or to any other university or institution of higher learning, as may be specified by the Statutes.
SECTION 06: JURISDICTION
The University shall in the exercise of its powers have jurisdiction over the whole of India4["and to the Study Centres outside India]
SECTION 07: UNIVERSITY OPEN TO ALL CLASSES, CASTES AND CREEDS
(1) The University shall be open to persons of either sex and of whatever, race, creed, caste or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the University or to hold any other office therein or admitted as a student in the University, or to graduate thereat, or to enjoy or exercise any privilege thereof.
(2) Nothing in sub-section (1) shall be deemed to prevent the University from making any special provision for the appointment or admission of women or of persons belonging to the weaker sections of the society, and in particular, of persons belonging to the Scheduled Castes or Scheduled Tribes.
SECTION 08: THE VISITOR
(1) The President of India shall be the Visitor of the University.
(2) Subject to the provisions of sub-sections (3) and (4), the Visitor shall have the right to cause an inspection to be made, by such person or persons as he may direct, of the University, its buildings, laboratories and equipment, and of any College Regional Centre, a Study Centre and also of the examination, instruction and other work conducted or done by the University, and to cause an inquiry to be made in like manner in respect of any matter connected with the administration and finances of the University.
(3) The Visitor shall, in every case, give notice to the University of his intention to cause an inspection or inquiry to be made and the University shall, on receipt of such notice, have the right to make, within thirty days from the date of receipt of the notice or such other period as the Visitor may determine, such representations to him as it may consider necessary.
(4) After considering the representations, if any, made by the University, the Visitor may cause to be made such inspection or inquiry as is referred to in sub-section (2).
(5) Where an inspection or inquiry has been caused to be made by the Visitor, the University shall be entitled to appoint a representative who shall have the right to appear in person and to be heard on such inspection or inquiry.
(6) The Visitor may address the Vice-Chancellor with reference to the results of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon as the Visitor may be pleased to offer on receipt of the address made by the Visitor, the Vice-Chancellor shall communicate forthwith to the Board of Management the results of the inspection or inquiry and the views of the Visitor and the advice tendered by him upon the action to be taken thereon.
(7) The Board of Management shall communicate through the Vice-Chancellor to the Visitor such action, if any, as it proposes to take or has been taken by it upon the results of such inspection or inquiry.
(8) Where the Board of Management does not within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering the explanation furnished or representation made by the Board of Management, issue such directions as he may think fit and the Board of Management shall be bound to comply with such directions.
(9) Without prejudice to the foregoing of this section, the Visitor may, by an order in writing, annul any proceedings of the University which is not in conformity with this Act, the Statutes or the Ordinances : Provided that before making any such order, he shall call upon the University to show cause why such an order should not be made. and, if any cause is. shown within a reasonable time, he shall consider the same.
(10) The Visitor shall have such other powers as may be specified by the Statutes.
SECTION 09: OFFICERS OF THE UNIVERSITY
- The following shall be the officers of the University :- (1) The Vice-Chancellor: (2) The Pro-Vice-Chancellors; (3) The Directors; (4) The Registrars: (5) The Finance Officer; and
(6) Such other officers as may be declared by the Statutes to be the officers of the University.
SECTION 10: THE VICE-CHANCELLOR
(1) The Vice-Chancellor shall be appointed by the Visitor in such manner for such term and on such emoluments and other conditions of service as may be prescribed by the Statutes.
(2) The Vice-Chancellor shall be the principal academic and executive officer of the University, and shall exercise supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University.
(3) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority the action taken by him on such matter: Provided that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the Visitor whose decision thereon shall be final: Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to appeal against such action to the Board of Management within ninety days from the date on which such action is communicated to him and thereupon the Board of Management may confirm, modify or reverse the action taken by the Vice-Chancellor.
(4) The Vice-Chancellor, if he is of the opinion that any decision of any authority is beyond the powers of the authority conferred by the provisions of this Act, Statutes or Ordinances or that any decision taken is not in the interests of the University, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review its decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the Visitor whose decision thereon shall 'be final: Provided that the decision of the authority concerned shall remain suspended during the period of review of such decision by the authority or the Visitor, as the case may be under this sub-section.
(5) The Vice-Chancellor shall exercise such other powers and perform such other functions as may be prescribed by the Statutes and the Ordinances.
SECTION 11: THE PRO-VICE-CHANCELLORS
Every Pro-Vice-Chancellor shall be appointed in such manner, on such emoluments and other conditions of service, and shall exercise such powers and perform such functions, as may be prescribed by the Statutes.
SECTION 12: THE DIRECTORS
Every Director shall be appointed in such manner, on such emoluments and other conditions of service, and shall exercise such powers and perform such functions, as may be prescribed by the Statutes.
SECTION 13: THE REGISTRARS
(1) Every Registrar shall be appointed in such manner, on such emoluments and other conditions of service as may be prescribed by the Statutes.
(2) A Registrar empowered by the Board of Management shall have the power to enter into, and sign, agreements and authenticate records on behalf of the University.
(3) Every Registrar shall exercise such powers and perform such functions as may be prescribed by the Statutes.
SECTION 14: THE FINANCE OFFICER
The Finance Officer shall be appointed in such manner, on such emoluments and other conditions of service and shall exercise such powers and perform such functions as may be prescribed by the Statutes.
SECTION 15: OTHER OFFICERS
The manner of appointment, emoluments, powers and duties of the other officers of the University shall be prescribed by the Statutes.
SECTION 16: AUTHORITIES OF THE UNIVERSITY
- The following shall be the authorities of the University:-- (1) The Board of Management; (2) The Academic Council; (3) The Planning Board; (4) The Board of Recognition; (5) The Schools 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 17: THE BOARD OF MANAGEMENT
- (1) The Board of Management shall be the principal executive body of the University.
(2) The constitution of the Board of Management, the term of office of its members and its powers and functions shall be prescribed by the Statutes.
SECTION 18: 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 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.
SECTION 19: THE PLANNING BOARD
(1) There shall be constituted a Planning Board of the University which shall be the principal planning body of the University and shall also be responsible for the monitoring of the developments of the University on the lines indicated in the objects of the University.
(2) The constitution of the Planning Board, the term of office of its members and its powers and functions shall be prescribed by the Statutes.
SECTION 20: THE BOARD OF RECOGNITION
(1) The Board of Recognition shall be responsible for admitting Colleges to the privileges of the University.
(2) The constitution and the other powers and functions of the Board of Recognition shall be prescribed by the Statutes.
SECTION 21: THE SCHOOLS OF STUDIES
(1) There shall be such number of Schools of Studies as the University may determine from time to time.
(2) The constitution, powers and functions of the Schools of Studies shall be prescribed by the Statutes.
SECTION 22: THE FINANCE COMMITTEE
The constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes.
SECTION 23: 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 24: 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 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;
(b) the manner of appointment of Pro-Vice-Chancellors, Director, Registrars, the Finance Officer and other officers, the emoluments and other conditions of their service and the powers and functions that may be exercised and performed by each of the officers;
(c) the constitution of the Board of Management and 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;
(d) the appointment of teachers and other employees of the University, their emoluments and other conditions of service;
(e) the constitution of a pension or provident fund and the establishment of an insurance scheme for the benefit of the employees of the University;
(f) the principles governing the seniority of service of the employees of the University;
(g) the procedure in relation to any appeal or application for review by any employee or student of the University against the action of any officer or authority of the University, including the time within which such appeal or application for review shall be preferred or made;
(h) the procedure for the settlement of disputes between the employees or students of the University, and the University;
(i) the conferment of autonomous status on Colleges and Study Centres;
(j) the co-ordination and determination of standards in the open University and distance education systems and the allocation and disbursement of grants to Colleges and other universities and institutions;
(k) the conditions that are required to be fulfilled for admission of the Colleges to the privileges of the University;
(1) all other matters which by this Act are to be, or may be, provided by the Statutes.
SECTION 25: STATUTES HOW MADE
- (1) The first Statutes are those set out in the Second Schedule.
(2) The Board of Management may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in subsection (1) : Provided that the Board of Management shall not make, amend or repeal any Statute \ affecting the status, powers or constitution of any authority of the University until such i 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 Board of Management.
(3) Every new Statute or addition to the Statutes or any amendment or repeal thereof shall require the approval of the Visitor, who may assent thereto or withhold assent or remit to the Board of Management 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 hay. 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. ;o) 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 Board of Management 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 Board of Management for its inability to comply with such direction, make or amend this Statutes suitably
SECTION 26: TRDIAILNCES
(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 the 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 appointment of examiners;
(c) the management of Colleges admitted to the privileges of the University; and
(d) any other matter which by this Act or the Statutes is to be, or may be, provided for by die 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, repeated or added to at any time by the Board of Management in the manner prescribed by the Statutes.
SECTION 27: REGALATIONS
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 Ordnances in the prescribed by the Statutes.
SECTION 28: ANNUAL REPORT
(1) The annual report of the University shall be prepared under the directions of the Board of Management which shall include, among other matters, the steps taken by the University towards the fulfillment of its objects.
(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, as prepared under sub-section (1) shall also be alienated of Government which shall, as soon as may be, cause the same to be laid before both the Houses of Parliament.
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