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NORTH EASTERN HILL UNIVERSITY ACT, 1973
24 of 1973
26th May, 1973
The people of the hill areas of the North-Eastern region have been pressing for a long time for the establishment of a University for the North-Eastern region. In September 1963 some members of Parliament from the hill areas also made a representation to the then Prince Minister in this behalf. The University Grants Commission, to whom the representation was forwarded, set up a Committee under the Chairmanship of late Professor A. R. Wadia to study the question and make suitable recommendations. The said Committee recommended the setting up of a Central University at Shillong. 2. Legislation in respect of Universities is relatable to entry 11 of the State List in the Seventh Schedule to the Constitution and the Parliament has no power to make law in this behalf (apart from the provisions of Arts. 249 and 250 of the Constitution) unless the Legislatures of two or more States passed a resolution in pursuance of Art. 252 of the Constitution empowering Parliament to pass necessary legislation on the subject. The Legislatures of the States of Meghalaya and Nagaland have passed such resolutions for the establishment of a Central University at Shillong. 3. The Bill seeks to establish a Central University at Shillong in pursuance of the said resolution, Gaz. of India., 30- 4-1973. Pt. II, S. 2, Ext, p. 392.
An Act to establish and incorporate a. teaching and affiliating University for the hill areas of the North-Eastern region. ' Whereas it is expedient to establish and, incorporate a teaching and affiliating University for the benefit of the people of the hill areas of the North-Eastern region and to develop the intellectual, academic and cultural background of the said people; And whereas in pursuance of clause (1) of Art. 252 of the Constitution, resolutions have been passed by the Legislatures of the States of Meghalaya and Nagaland to the effect that the setting up of a Central University for the hill areas of the North-eastern region shall be regulated by Parliament by law; Be it enacted by Parliament in the Twenty-fourth year of the Republic of India as follows :-
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the North-Eastern Hill University Act, 1973:
(2) It extends to the 1[State of Meghalaya] and the Union territories of Arunachal Pradesh and. Mizoram.
(3) It shall come into force on such date2as the Central Government may, by notification in the Official Gazette, appoint.
SECTION 02: DEFINITIONS
- In this Act, 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) "Board of Studies" means the Board of Studies of the University;
(d) "Chancellor", "Vid'e-Chancellor" and Pro-Vice-Chancellor" mean, respectively, the Chancellor, Vice-Chancellor and Pro-Vice-Chancellor of the University;
(e) "College" means a College maintained by, or admitted to the privileges of, the University;
(f) "Court" means the Court of the University;
(g) "Department'' means a Department of Studies, and includes a Centre of Studies;
(h) "employee" means any person appointed by the University, and includes teachers and other staff of the University;
(i) "Executive Council" means the Executive Council of the University;
(j) "Hall" means a unit of residence or of corporate life for the students of the University 'College or Institution, provided, maintained or recognised by the University;
(k) "Institution." means an academic institution, not being a College, maintained by, or admitted to the privileges of, the University;
(l) "North-Eastern region" means the North-Eastern region of India
comprising the3[State of Meghalayal and the Union territories of Arunachal Pradesh and Mizoram;
(m) "Principal" means the Head of a College or an Institution, 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;
(n) "recognised teachers" means such persons as are recognised by the University for the purpose of imparting instruction in a College or an Institution admitted to the privileges of the University;
(o) "School" means a School of Studies of the University;
(p) "Statutes", "Ordinances" and "Regulation", mean, respectively, the Statutes, Ordinance and Regulations of the University for the time being in force;
(q) "teachers of the University" means Professors Readers, Lecturers and such other persons a 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;
(r) "University" means the North-Eastern Hill University.
SECTION 03: THE UNIVERSITY
(1) There shall be established a University by the name of "North Eastern Hill University".
(2) The headquarters of the University shall be at Shillong and it shall
have campuses in the4[State of Meghalaya] it may also establish campuses at such other places within its jurisdiction as it may deem fit.
(3) The first Chancellor and 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, are hereby constituted a body corporate by the name of "North Eastern Hill University".
(4) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name.
SECTION 04: OBJECTS
The objects of the University shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit; to pay special attention to the improvement of the social and economic conditions and welfare of the people of the hill areas of the North-Eastern region and, in particular, their intellectual, academic and cultural advancement.
SECTION 05: POWERS OF THE UNIVERSITY
- The University shall have the following powers, namely:-
( 1 ) to provide for instruction in such branches of learning as the University may, from time to time, determine and to make provision for research and for the advancement and dissemination of knowledge;
(2) to take such academic steps as would contribute to the improvement of the economic conditions and welfare of the people of the hill areas of the North-Eastern region;
(3) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees and 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;
(4) to organise and undertake extra-mural studies and extension services;
(5) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes;
(6) to provide instruction, including correspondence and such other courses, to such persons as are not members of the University, as it may determine;
(7) to institute principalships, professorships, readerships, lecturerships, and other teaching or academic posts required by the University and to appoint persons to such principalships, professorships, readerships, lecturerships or other posts;
(8) to recognise persons for imparting instruction in any College or Institution admitted to the privileges of the University;
(9) to appoint persons working in any other University or organisation as teachers of the University for a specified period;
(10) to create administrative, ministerial and other posts and to make appointments thereto;
(11) to co-operate or collaborate with any other University or authority in such manner and for such purposes as the University may determine;
(12) to establish such campuses, 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;
(13) to institute and award fellowships, scholarships, studentships, medals and prizes;
(14) to establish and maintain Colleges, Institutions and Halls;
(15) to admit to its privileges Colleges and Institutions 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; and to recognise Halls not maintained by the University and to withdraw any such recognition;
(16) to declare a College, an Institution or a Department as an autonomous college or an Institution or a Department, as the case may be;
(17) to determine standards for admission into the University, which may include examination, evaluation or any other method of testing;
(18) to demand and receive payment of fees and other charges;
(19) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare;
(20) to make special arrangements in respect of women students as the University may consider desirable;
(21) to regulate and enforce discipline among the employees and students of the University and take such disciplinary measures in this regard as may be deemed necessary;
(22) to make arrangements for promoting the health and general welfare of the employees;
(23) to acquire, hold, manage and dispose of property, movable or immovable, including trust and endowment properties for the purposes of the University;
(24) 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;
(25) 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.
SECTION 06: JURISDICTION
(1) The jurisdiction of the University shall extend to the5[State of Maghalaya] and the Union territories of Arunachal Pradesh and Mizoram.
(2) No College or Institution situated within the local limits of the jurisdiction of the University shall be compulsorily affiliated to the University, and affiliation shall be granted by the University only to such Colleges or Institutions as may agree to accept the Statutes and Ordinances.
(3) Any College or Institution admitted to the privileges of the University shall cease to be associated with, or be admitted to the privileges of, any other University.
(4) No College or Institution situated within the local limits of the jurisdiction of the University, but not admitted to its privileges, shall be associated with, or be admitted to the privileges of, any other University except with the previous approval of the Government of the State in which, or the Administrator of the Union territory in which, such College or Institution is situate.
SECTION 07: UNIVERSITY OPEN TO ALL CLASSES, CASTES AND CREED
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 admitted therein, as a teacher or student, or to hold any office therein, or to graduate thereat; Provided that nothing in this section shall be deemed to prevent the University from making special provisions for admission of students of the weaker sections of the people in the North- Eastern region and, in particular, of the Scheduled Castes and the Scheduled Tribes.
SECTION 08: VISITOR
( 1 ) The President of India shall be the Visitor of the University.
(2) 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 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.
(3) The Visitor shall, in every case, give notice of his intention to qause,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, 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 a College or an 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.
(4) Afterconsidering 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-sec. (2).
(5) Where any inspection or inquiry has been caused to be made by the Visitor, the University or the management, as the case may be, shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry.
(6) 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, and the Vice-Chancellor shall communicate to the Executive Council the views of the Visitor with such advice as the Visitor may be pleased to offer upon the action to be taken thereon.
(7) 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.
(8) 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 is proposed to lake or has been taken upon the result of such inspection or inquiry. :
(9) 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 management, issue such directions as he may think fit and the Executive Council or management, as the case may be, shall comply with such directions.
(10) 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 Act, the Statutes or 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.
(11)The visitor shall have such other powers as may be prescribed by the Statutes.
SECTION 09: CHIEF RECTOR
-The Governor of the6[State of Meghalaya] shall be the Chief Rector of the University.
SECTION 10: OFFICERS OF THE UNIVERSITY
- The following shall be the officers of the University :- (1) The Chancellor; (2) The Vice-Chancellor; (3) The Pro-Vice-Chancellors; (4) The Deans of Schools; (5) The Registrar; (6) The Finance Officer; and
(7) Such other officers as may be declared by the Statutes to be officers of the University.
SECTION 11: THE CHANCELLOR
(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.
(3) The Chancellor shall, if present, preside at the convocations of the University held for conferring degrees.
SECTION 12: THE VICE-CHANCELLOR
(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 matters, 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 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 subsection shall have the right to appeal 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 shall exercise such other powers and perform such other functions as may be prescribed by the Statutes or Ordinances.
SECTION 13: THE PRO-VICE-CHANCELLORS
Every Pro-Vice-Chancellor shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
SECTION 14: DEANS OF SCHOOL
Every Dean of a School shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
SECTION 15: THE REGISTRAR
( 1 ) The Registrar shall be appointed in such manner 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 other powers and perform such other duties as may be prescribed by the Statutes.
SECTION 16: THE FINANCE OFFICER
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.
SECTION 17: OTHER OFFICERS
The manner of appointment and powers and duties of other officers of the University shall be prescribed by the Statutes.
SECTION 18: AUTHORITIES OF THE UNIVERSITY
- The following shall be the authorities of the University :- (1) The Court; (2) The Executive Council; (3) The Academic Council; (4) The Boards of Schools; and
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