86540
Lawyers Network
103860
Users
630
Cities Serving
114
Law Schools Network
59824
THE MANIPUR UNIVERSITY ORDINANCE, 2005
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, dated the 13th October, 2005/21 Asvina, 1927 (Saka)
THE MANIPUR UNIVERSITY ORDINANCE, 2005
No. 3 OF 2005
Promulgated by the President in the Fifty-sixth Year of the Republic of India.
An Ordinance to establish and incorporate a teaching and affiliating University in the State of Manipur and to provide for matters connected therewith or incidental thereto.
WHEREAS a Bill to establish and incorporate a teaching and affiliating University in the State of Manipur and to provide for matters connected therewith or incidental thereto has been introduced in the Council of States but has not been passed;
Arm WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action to give effect to the provisions of the said Rill with certain modifications;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:—
Short title and commencement
1. (1) This Ordinance may be called the Manipur University Ordinance, 2005.
(2) It shall come into force at once.
Definitions
2. In this Ordinance, and in all Statutes made hereunder, unless the context otherwise requires,—
(a) “Academic Council” means the Academic Council of the University;
(b) “academic staff’ means such categories of staff as are designated as academic staff by the Ordinances;
(c) “Affiliated College” means a college admitted to the privileges of the University;
(d) “Board of Studies” means the Board of Studies of the University;
(e) “Chancellor,” “Vice-Chancellor”, and “Vim-Chancellor” mean, respectively, the Chancellor, Vice-Chancellor and Pro-Vice-Chancellor of the University;
(f) “College Development Council” means the College Development Council of the University;
(g) “Constituent College” means a college maintained by the University;
(h) “Court” means the Court of the University;
(i) “Department” means a Department of Studies and includes a Centre of Studies;
(j) “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 such means;
(k) “employee” means any person appointed by the University and includes teachers and other staff of the University;
(l) “Executive Council” means the Executive Council of the University;
(m) “Hall” means a unit of residence or of corporate life for the students of the University, or of a College or an Institution, maintained by the University;
(n) “Institution” means an academic institution, not being a College, maintained by, or admitted to the privileges of, the University;
(o) “Principal” means the Head of a College or an Institution maintained by the University and includes, where there is no Principal, the person for the time being duly appointed to act as Principal, and in the absence of the Principal, or the acting Principal, a Vice-Principal duly appointed as such;
(p) “recognised teachers” means such persons as may be recognised by the University for the purpose of imparting instructions in a College or an Institution admitted to the privileges of the University;
(q) “Regulations” means the Regulations made by any authority of the University under this Ordinance for the time being in force;
(r) “School” means a School of Studies of the University;
(s) “Statutes” and “Ordinances” mean, respectively, the Statutes and the Ordinances of the University for the time being in force;
(t) “teachers of the University” means Professors, Readers, Lecturers and such other persons as may be appointed for imparting instruction or conducting research in the University or in any College or Institution maintained by the University and are designated as teachers by the Ordinances;
(u) “University” means the Manipur University established and incorporated as a University under this Ordinance;
Establishment of the University
3. (1) The Manipur University in the State of Manipur, established under the Manipur University Act, 1980, shall be established as a body corporate under this Ordinance by the same name of “Manipur University”.
(2) The first Chancellor, the first Vice-Chancellor and the first members of the Court, the Executive Council and the Academic Council, and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, shall constitute the University.
(3) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.
(4) The headquarters of the University shall be at Imphal.
Effect of establishment of the University
4. On and from the date of commencement of this Ordinance,—
(a) any reference to the Manipur University in any contract or other instrument shall be deemed as a reference to the University;
(b) all property, movable and immovable, of or belonging to the Manipur University shall vest in the University;
(c) all rights and liabilities of the Manipur University shall be transferred to, and be the rights and liabilities of, the University;
(d) every person employed by the Manipur University immediately before the commencement of this Ordinance shall hold his office or service in the University by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other mallets as he would have held the same if this Ordinance had not been promulgated, and shall continue to do so unless and until his employment is terminated or until such promulgated tenure, remuneration and terms and conditions are duly altered by the Statutes:
Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the University in accordance with the term of the contract with the employee or, if no provision is made then in this behalf, on payment to him by the University of compensation equivalent to three months’ remuneration in case of permanent employees and one month’s remuneration in the case of other employees:
Provided further that any reference, by whatever form of words, to the Vice-Chancellor and Pro-Vice-Chancellor of the Manipur University in any law for the time being in force, or in any instrument or other document, shall be construed as a reference respectively to the Vice-Chancellor and the Pro-Vice-Chancellor of the University;
(e) the Vice-Chancellor of the Manipur University, appointed under the provisions of the Manipur University Act, 1980 shall be deemed to have been appointed as the Vice-Chancellor under this Ordinance, and shall hold office for a period of three months or till such time the first Vice-Chancellor is appointed under section 47 of the Ordinance, whichever is earlier, and
(f) all Colleges, institutions, Schools and Departments affiliated to, or admitted to the privileges of, or maintained by, the Manipur University shall stated affiliated to, or admitted to the privilege of, or maintained by, the University.
Objects of the University
5. The objects of the University than be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit; to make provisions for integrated courses in humanities, natural and physical sciences, social sciences, forestry and other allied disciplines in the educational programmes of the University; to take appropriate measures for promoting innovations in teaching-learning process, inter-disciplinary studies and research; to educate and in manpower for the development of the State of Manipur; and to pay special attention to the improvement of the social and economic conditions and welfare of the people of that State, their intellectual, academic and cultural development.
Powers of University
6. The University shall have the following powers, namely:—
(i) to provide far instructions in such branches of learning as the University may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge;
(ii) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;
(iii) to organise and to undertake extramural studies, training and extension services;
(iv) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes;
(v) to provide facilities through the distance education system to such persons as it may determine;
(vi) to institute Principalships, Professorships, Readerships, Lecturerships and other teaching or academic positions, required by the University and to appoint persons to such Principalships, Professorships, Readerships, Lectureships or other teaching or academic positions;
(vii) to recognise an institution of higher learning for such purposes as the University may determine and to withdraw such recognition;
(viii) to recognise persons for imparting instructions in any College or Institution admitted to the privileges of the University;
(ix) to appoint persons working in any or University or organisation as teachers of the University for a specified period;
(x) to create administrative, ministerial and other posts and to make appointments thereto;
(xi) to co-operate or collaborate or associate with any other University or authority or institution of higher learning in such manner and for such purposes as the University may determine;
(xii) to establish, with the prior approval of the Central Government, such Centres and specialised laboratories or other units for research and instruction as are, in the opinion of the University, necessary for the furtherance of its objects;
(xiii) to institute and award fellowships, scholarships, studentships, medals and prizes;
(xiv) to establish and maintain Colleges, Institutions and Halls;
(xv) to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions, industrial or other organisations, as the University may deem necessary;
(xvi) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff;
(xvii) to admit to its privileges colleges and institutions within the State of Manipur not maintained by the University; to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the Statutes; to recognise, guide, supervise, and control Halls not maintained by the University and other accommodation for students, and to withdraw any such recognition;
(xviii) to appoint on contract or otherwise visiting Professors, Emeritus Professors, Consultants, Scholars and such other persons who may contribute to the advancement of the objects of the University;
(xix) to confer autonomous status on a College or an Institution or a Department, as the case may be, in accordance with the Statutes;
(xx) to determine standards of admission to the University, which may include examination, evaluation or any other method of testing;
(xxi) to demand and receive payment of fees and other charges;
(xxii) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare;
(xxiii) to lay down conditions of service of all categories of employees, including theft code of conduct;
(xxiv) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the University to be necessary;
(xxv) to make arrangements for promoting the health and general welfare of the employees;
(xxvi) to receive benefactions, donations and gifts and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the University;
(xxvii) to borrow, with the approval of the Central Government, on the security of the property of the University, money for the purposes of the University;
(xxviii) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects.
jurisdiction
7. The, jurisdiction of the University shall extend to the whole of the State of Manipur.
University open to all classes, castes and creed
8. The University shall be open to persons of either sex and of whatever caste, creed, race or class, and it shall not be lawful for the University to adopt or impose on airy person, arty 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 be admitted as a student in the University or to graduate thereat or to enjoy or exercise any privilege thereof:
Provided that nothing in this section shall be deemed to prevent the University firm making special provisions for the employment or admission of women, physically handicapped or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes and the Scheduled Tribes.
The Visitor
9. (1) The President of India shall be the Visitor of the University.
(2) The Visitor may, from time to time, appoint one or more persons to review the work and progress of the University, including Colleges and Institutions maintained by it, and to submit a report thereon; and upon receipt of that report, the Visitor may, after obtaining the views of the Executive Council thereon through the Vice-Chancellor, take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the University shall be bound to comply with such directions.
(3) 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, libraries, laboratories and equipment, and of any College or Institution maintained by the University or admitted to its privileges; and also of the examinations, teaching 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 or finances of the University, Colleges or Institutions.
(4) The Visitor shall, in every matter referred to in sub-section (3), give notice of his intention to cause an inspection or inquiry to be made, -
(a) to the University, if such inspection or inquiry is to be made in respect of the University or any College or Institution maintained by it, or
(b) to the management of the College or institution, if the inspection or inquiry is to be made in respect of College or Institution admitted to the privileges of the University, and the University or the management, as the case may be, shall have the right to make such representations to the Visitor, as it may consider necessary.
(5) After considering the representations, if any, made by the University or the management, as the case may be, the Visitor may cause to be made such inspection or inquiry as is referred to in sub-section (3).
(6) Where any inspection or inquiry has been caused to be made by the Visitor, the University or the management shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry.
(7) The Visitor may, if the inspection or inquiry is made in respect of the University or any College or Institution maintained by it, address the Vice-Chancellor with reference to the result 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, and on receipt of address made by the Visitor, the Vice-Chancellor shall communicate, to the Executive Council, the views of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon.
(8) The Visitor may, if the inspection or inquiry is made in respect of any College or Institution admitted to the privileges of the University, address the management concerned through the Vice-Chancellor with reference to the result of such inspection or inquiry, his views thereon and such advice as he may be pleased to offer upon the on to be taken thereon.
(9) The Executive Council m the management, as the case may be, shall communicate, through the Vice-Chancellor to the Visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry.
(10) Where, the Executive Council or the management, does not, within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Executive Councilor the management, issue such directions as he may think fit and the Executive Council or the management, as the case may be, shall comply with such directions.
(11) Without prejudice to the foregoing provisions of this section, the Visitor may, by order in writing, annul any proceeding of the University which is not in conformity with this Ordinance, the Statutes or the Ordinances:
Provided that before making any such order, he shall call upon the Registrar 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.
(12) The Visitor shall have such other powers as may be prescribed by the Statutes.
The Chief Rector
10. The Governor of the State of Manipur shall be the Chief Rector of the University.
Officers of the Univeristy
11. The following shall be the officers of the University,—
(1) the Chancellor;
(2) the Vice-Chancellor;
(3) the Pro-Vice-Chancellor;
(4) the Deans of Schools;
(5) the Registrar;
(6) the Finance Officer;
(7) the Controller Of Examinations;
(8) the Librarian; and
(9) such other officers as may be declared by the Statutes to be officers of the. University.
The Chancellor
12. (1) The Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.
(2) The Chancellor shall, by virtue of his office, be the head of the University and shall, if present, preside at the Convocations of the University held for conferring degrees and meetings of the Court.
The Vice-Chancellor
13. (1) The Vice-Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.
(2) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general 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 opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or trader this Ordinance and shall report to such authority at its next meeting the action taken by him on such matter:
Provided that if the authority concerned is of 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 represent against such action to the Executive Council within three months from the date on which decision on such action is communicated to him and thereupon the Executive Council 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 of the University is beyond the powers of the authority conferred by the provisions of this Ordinance, the Statutes or the Ordinances or that any decision taken is not in the interest 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 the 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.
(5) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Ordinances.
The Pro-Vice-Chancellor
14. The Pro-Vice-Chancellor shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.
The Deans of Schools
15. Every Dean of School shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
The Registrar
16. (1) The Registrar shall be appointed in such manner and on such terms and conditions of service as may be prescribed by the Statutes.
(2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
The Finance Officer
17. The Finance Officer shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.
He Controller of Examinations
18. The Controller of Examinations shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.
The Librarian
19. The Librarian shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.
Other officers
20. The manner of appointment and powers and duties of other officers of the University shall be prescribed by the Statutes.
Authorities of the University
21. 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;
(S) 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.
The Court
22. (1) The constitution of the Court and the term of office of its members shall be prescribed by the Statutes.
(2) Subject to the provisions of this Ordinance, 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.
The Executive Council
23. (1) The Executive Council shall be the principal executive body of the University.
(2) The constitution of the Executive Council, the tarn of office of its mean e s and its powers and functions shall be prescribed by the Statutes.
The Academic Council
24. (1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Ordinance, 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.
The College Development Council
25. (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.
The Boards of Studies
26. The constitution, powers and functions of the Boards of Studies shall be prescribed by the Statutes.
The Finance Committee
27. The constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes.
Other authorities of the University
28. 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.
Powers to make Statutes
29. Subject to the provisions of this Ordinance, 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 University 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 far pension, insurance, provident fund, tier 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 Schools, Departments, Centres, Halls, Colleges and Institutions;
86540
103860
630
114
59824