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THE INDIRA GANDHI NATIONAL TRIBAL UNIVERSITY ACT, 2007
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 20th December, 2007/Agrahayana 29, 1929 (Saka)
The following Act of Parliament received the assent of the President on the 20th December, 2007, and is hereby published for general information:—
THE INDIRA GANDHI NATIONAL TRIBAL UNIVERSITY ACT, 2007
No.52 OF 207
[20th December, 2007]
An Act to establish and incorporate a teaching and affiliating University at Amarkantak in the State of Madhya Pradesh to facilitate and promote avenues of higher education and research facilities for the tribal population in India and to provide for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:—
Short title and commencement
1. (1) This Act may be called the Indira Gandhi National Tribal University Act, 2007.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
Definitions
2. In this Act, and in all Statutes made hereunder, unless the context otherwise requires,—
(a) “Academic Board” in relation to a regional centre or a recognised institution means the academic body charged with the academic matters of such centre or institution, as the case may be, and recognised as such by the University;
(b) “Academic Council” means the Academic Council of the University;
(c) “academic staff” means such categories of staff as are designated as academic staff by the Ordinances;
(d) “Affiliated College” means a college admitted to the privileges of the University;
(e) “Board of Studies” means the Board of Studies of the University;
(f) “Campus” means the unit established or constituted for making arrangements for instruction, or research, or both, and includes off-campuses;
(g) “Chancellor”, “Vice-Chancellor” and “Pro-Vice-Chancellor” mean, respectively, the Chancellor, Vice-Chancellor and Pro-Vice-Chancellor of the University;
(h) “College Development Council” means the College Development Council of the University;
(i) “Court” means the Court of the University;
(j) “Dean” means Head of a Faculty of the University;
(k) “Department” means a Department of Studies and includes a Centre of Studies;
(l) “distance education system” means the system of imparting education through any means of communication, such as broadcasting, telecasting, webcasting correspondence courses, seminars, contact programmes or the combination of any two or more such means;
(m) “Director” means Head of a Regional Centre;
(n) “employee” means any person appointed by the University and includes teachers and other staff of the University;
(o) “Executive Council” means the Executive Council of the University;
(p) “Faculty” means a Faculty of the University;
(q) “Finance Committee” means the Finance Committee of the University;
(r) “Hall” means a unit of residence or of corporate life for the students of the University, or of a College or of an Institution, maintained or recognised by the University;
(s) “Institution” means an academic institution, not being a College, maintained by, or admitted to the privileges of, the University;
(t) “Management Board” in relation to a regional centre or a recognised institution means the governing body charged with the management of the affairs of such centre or institution, as the case may be, and recognised as such by the University;
(u) “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;
(v) “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;
(w) “Regional Centres” means off-campuses constituted by the University and functioning as part of the University, established in more tribal dominated areas, as prescribed in the Statutes;
(x) “Regulations” means the Regulations made by any authority of the University under this Act for the time being in force;
(y) “Scheduled Population” means and includes the Scheduled Tribes as well as Scheduled Castes, as defined in the Constitution of India;
(z) “Statutes” and “Ordinances” mean, respectively, the Statutes and the Ordinances of the University, for the time being in force;
(za) “teachers of the University” means Professors, Readers, Lecturers and such other persons as may be appointed for imparting instructions or conducting research in the University or any College or Institution maintained by the University and are designated as teachers by the Ordinances;
(zb) “University” means the Indira Gandhi National Tribal University as incorporated under this Act.
Establishment of University
3. (1) There shall be established, in the State of Madhya Pradesh, a University by the name of “Indira Gandhi National Tribal University”.
(2) The headquarters of the University shall be at Amarkantak.
(3) The University shall have such number of Regional Centres and Campuses in the tribal areas as the University may deem fit.
(4) The first Chancellor, the first Vice-Chancellor and the first members of the Court, the Executive Council and the Academic Council, and all such 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 “Indira Gandhi National Tribal University”.
(5) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name.
Objects of University
4. The objects of the University shall be,—
(i) to provide avenues of higher education and research facilities primarily for the tribal population of India;
(ii) to disseminate and advance knowledge by providing instructional and research facilities in tribal art, culture, tradition, language, medicinal systems, customs, forest based economic activities, flora, fauna and advancement in technologies relating to the natural resources of the tribal areas;
(iii) to collaborate with national and international universities or organisations, specially for undertaking cultural studies and research on tribal populations;
(iv) to formulate tribal centric development models, publish reports and monographs; and to organise conferences, seminars on issues relating to tribes; and to provide inputs to policy matters in different spheres;
(v) to take appropriate measures for promoting, the members of tribal communities capable of managing, administering and looking after their own needs by access to higher education through a University of their own;
(vi) to disseminate and advance knowledge by providing instructional and research facilities in such other branches of learning as it may deem fit;
(vii) to take appropriate measures for promoting innovations in teaching-learning processes in inter-disciplinary studies and research; and to pay special attention to the improvement of the social, educational and economic conditions and welfare of the Scheduled Tribes within the Union of India, their intellectual, academic and cultural development.
Powers of University
5. The University shall have the following powers, namely:—
(i) to provide for instruction 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 extra-mural 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 Directorships, Principalships, Associateships, Professorships, Readerships, Lecturerships and other teaching or academic positions, required by the University and to appoint persons to such Directorships, Principalships, Associateships, Professorships, Readerships, Lecturerships and 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 recognised or maintained by the University;
(ix) to appoint persons working in any other University or educational institution 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 Campuses, special centres, 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 make special arrangements in respect of the residence and teaching of women students as the University may deem necessary;
(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 admit to its privileges Colleges and Institutions located in India 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;
(xxi) to determine standards of admission to the University which may include examination, evaluation or any other method of testing;
(xxii) to demand and receive payment of fees and other charges;
(xxiii) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare;
(xxiv) to lay down conditions of service of all categories of employees, including their code of conduct;
(xxv) 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;
(xxvi) to make arrangements for promoting the health and general welfare of the employees;
(xxvii) to receive benefactions, donations and gifts and to acquire, hold, manage and dispose of with the previous approval of the Central Government, any property, movable or immovable, including trust and endowment properties for the purposes of the University;
(xxviii) to borrow, with the prior approval of the Central Government, on the security of the property of the University, money for the purposes of the University;
(xxix) to establish such number of Regional Centres in various tribal areas of the country as are, in the opinion of the University, necessary for the furtherance of its objects;
(xxx) to make special provisions for the promotion of educational, economic interests and welfare of the members belonging to the Scheduled Tribes by providing adequate percentage of seats in the matters of admission, of posts in the matter of employment and other benefits;
(xxxi) 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
6. The jurisdiction of the University shall extend to the whole of India.
University open to all classes, castes and creed
7. 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 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 from making special provisions for the employment or admission of women, persons with disabilities or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes and the Scheduled Tribes.
Residence of students
8. Every student of the University other than a student who pursues a course of study by distance education system, shall reside in a Hall or hostel or under such conditions as may be prescribed by the Ordinances
Power to establish and maintain schools
9. The University shall, subject to Statutes, have power to establish at least one school in every Regional Centre, as a model school for the schools of the region.
The Visitor
10. (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 action to be taken thereon.
(9) The Executive Council or 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 Council or 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 the Act, 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.
Officers of University
11. The following shall be the officers of the University:—
(1) the Chancellor;
(2) the Vice-Chancellor;
(3) the Pro-Vice-Chancellor;
(4) the Director;
(5) the Deans of Faculties;
(6) the Registrar;
(7) the Finance Officer;
(8) the Controller of Examinations;
(9) the Librarian; and
(10) 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 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 at its next meeting 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 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 Act, 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 Faculties
15. Every Dean of Faculty shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.
The Directors of Regional Centres
16. Every Director of Regional Centre shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.
The Registrar
17. (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
18. 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.
The Controller of Examinations
19. 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
20. 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
21. The manner of appointment and powers and duties of other officers of the University shall be prescribed by the Statutes.
Authorities of University
22. The following shall be the authorities of the University:-
(1) the Court;
(2) the Executive Council;
(3) the Academic Council;
(4) the College Development Council;
(5) the Board of Studies;
(6) the Finance Committee; and
(7) such other authorities as may be declared by the Statutes to be the authorities of the University.
The Court
23. (1) The constitution of the Court and the term of office of its members shall be prescribed by the Statutes:
Provided that the Court shall have adequate number of members from amongst the Scheduled Tribes:
Provided further that such number of members as may be prescribed by the Statutes shall be elected from among the teachers, employees and students of the University.
(2) Subject to the provisions of this Act, the Court shall have the following powers and functions, namely:—
(a) to review, from time to time, the broad policies and programmes of the University and to suggest measures for the improvement and development of the University;
(b) to consider and pass resolutions on the annual report and the annual accounts of the University and the audit report on such accounts;
(c) to advise the Visitor in respect of any matter which may be referred to it for advice; and
(d) to perform such other functions as may be prescribed by the Statutes.
The Executive Council
24. (1) The Executive Council shall be the principal executive body of the University.
(2) The constitution of the Executive Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes:
Provided that the Executive Council shall have adequate number of members from amongst the Scheduled Tribes:
Provided further that such number of members as may be prescribed by the Statutes shall be from amongst the elected members of the Court
The Academic Council
25. (1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and the Ordinances, co-ordinate and exercise general supervision over the academic policies of the University.
(2) The constitution of the Academic Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes:
Provided that the Academic Council shall have adequate number of members from amongst the Scheduled Tribes:
Provided further that such number of members as may be prescribed by the Statutes shall be from amongst the elected members of the Court who are teachers of the University.
The College Development Council
26. (1) The College Development Council shall be responsible for admitting Colleges to the privileges of the University.
(2) The constitution of the College Development Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes:
Provided that the College Development Council shall have adequate number of members from amongst the Scheduled Tribes.
The Boards of Studies, Academic Boards and Management Boards
27. The constitution, powers and functions of the Boards of Studies, the Academic Boards and the Management Boards shall be prescribed by the Statutes:
Provided that the Boards of Studies, the Academic Boards and the Management Boards shall have adequate number of members from amongst the Scheduled Tribes.
The Finance Committee
28. The constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes:
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