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THE SOUTH ASIAN UNIVERSITY ACT, 2008
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 13th January, 2009/Paula 23, 1930 (Saka)
The following Act of Parliament received the assent of the President on the 11th January, 2009, and is hereby published for general information.
THE SOUTH ASIAN UNIVERSITY ACT, 2008
No. 8 OF 2009
[11th January, 2009.]
An Act to give effect to the Agreement for the establishment of South Asian University and for matters connected therewith or incidental thereto.
WHEREAS an Agreement for the establishment of the South Asian University was signed on behalf of the respective Governments of the Member States of the South Asian Association for Regional Co-operation (SAARC) on the 4th day of April, 2007;
AND WHEREAS Article 1 of the said Agreement provides that the main campus of the University shall be located in India, therefore, it is expedient to make provisions for giving effect to the said Agreement;
BE it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:—
Short title, extent and commencement
1. (1) This Act may be called the South Asian University Act, 2008.
(2) It extends to the whole of India and to campuses and centres established outside India in the SAARC region.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates maybe appointed for different provisions of this Act.
Definitions
2. In this Act, 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 Statutes;
(c) “Agreement” means the Agreement for the establishment of the South Asian University;
(d) “bye-laws” means the bye-laws of the University;
(e) “Centre” means a unit of the University or of a University Institute providing teaching, consultancy and research facilities and includes a Regional Centre;
(f) “employee” means any person appointed by the University and includes teachers and other staff of the University;
(g) “Executive Council” means the Executive Council of the University;
(h) “Faculty” means a Faculty of the University;
(i) “Governing Board” means a Governing Board of the University constituted under section 6;
(j) “Hall” means a unit of residence, by whatever name called, for students of the University provided, maintained or recognised by it;
(k) “Host Country” means the Republic of India;
(l) “Host Government” means the Government of the Host Country;
(m) “Member States” means the Member States of the SAARC;
(n) “prescribed” means prescribed by Statutes, Regulations or bye-laws;
(o) “President” means the President of the University appointed under section 12;
(p) “Project Office” means the project office set up for the purpose of carrying out necessary tasks for establishing the main campus of the University;
(q) “Recognised institution” means an institution of higher learning maintained or recognised by, or associated with, the University;
(r) “Regional Centre” means a centre established or maintained by the University at any place in the SAARC region for the purpose of coordinating and supervising the work of campuses or centres in such region and for performing such functions as may be conferred on such centre by the Governing Board;
(s) “Regulations” means the Regulations of the University;
(t) “SAARC” means an organisation known as the South Asian Association for Regional Co-operation established by the Charter of the South Asian Association for Regional Co-operation signed on eighth day of December, 1985;
(u) “SAARC region” means the region comprising the territories of the Member States;
(v) “Schedule” means the Schedule of the Act;
(w) “Statutes” means the Statutes of the University;
(x) “teacher” means professor, reader, lecturer and research staff of the University appointed or recognised by the University for imparting instructions in the University or for giving guidance to students for pursuing any course of study of the University; and
(y) “University” means the South Asian University incorporated under section 4.
Provisions of Agreement to have force of law
3. Notwithstanding anything contrary contained in any other law, the provisions of the Agreement set out in the Schedule shall have the force of law in India.
Incorporation of South Asian University
4. (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established, for the purposes of giving effect to provisions of the Agreement, a University to be called as South Asian University.
(2) The University shall be a body corporate having perpetual succession and a common seal and shall sue and be sued by the said name.
(3) The Headquarters of the University shall be at Delhi.
(4) The University may establish or maintain campuses and centres at such other places within India and outside India in the SAARC region as it may deem fit.
Jurisdiction
5. The jurisdiction of the University shall extend to whole of India and to campuses and centres established outside India in the SAARC region:
Provided that where the University establishes and maintains any campus or centre outside India at any place in the SAARC region, then the jurisdiction of the University shall extend to such campus or centre, subject to the provision of the Agreement and laws in force in any of the Member States within which such campus or centre is situated.
Governing Board
6. (1) There shall be a Governing Board of the University consisting of two members from each of the Member States of the SAARC and the President of the University:
Provided that until the first Governing Board is formed, the Liter-Governmental Steering Committee of the SAARC shall function as an interim Governing Board.
(2) The Governing Board shall be headed by the Chairperson who shall be elected from amongst the members of the Governing Board.
(3) The members of the Governing Board shall be selected in such manner and for such term as provided in Article 5 of the Schedule.
(4) The President of the University shall be the ex officio member of the Governing Board.
(5) The Governing Board shall be responsible for all the policies and directions of the University and management of its affairs.
(6) The Chairperson of the Board shall exercise such powers as maybe prescribed by the Statutes.
Objectives of University
7. The objectives of the University shall be—
(a) to disseminate and advance knowledge, wisdom and understanding by providing instructional and research facilities in such branches of learning as it may deem fit;
(b) to take appropriate measures for promoting innovations in teaching-learning process, inter-disciplinary studies and application of knowledge to social advancement, and human welfare and to the promotion of regional peace and security;
(c) to impart liberal and humane education towards capacity building of the South Asian nations in the domain of science, technology and other areas of higher learning vital for improving their quality of life and to give students the analytical tools needed for the pursuit of profession and inculcate in them the quality of leadership;
(d) to foster in the students sound civic sense and to train them to become useful citizens of democratic societies;
(e) to build a South Asian community of learning where students from countries of South Asia are able to develop their fullest intellectual potential and to create a South Asian community by strengthening regional consciousness; and
(f) to harmonise the academic standards and accreditation norms in teaching, research and curriculum that are acceptable to all Member States.
Powers of University
8. 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 snake provisions for research and for the advancement and dissemination of knowledge;
(ii) to establish such special centres and specialised laboratories and such other units for research and instruction as are necessary for the furtherance of its objects;
(iii) to plan and prescribe courses of study for degrees, diplomas, certificates or for any other purpose:
(iv) to grant, subject to such conditions as the University may determine, diplomas or certificates and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;
(v) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes;
(vi) to organise and to undertake open learning programmes, extramural studies, training and extension services;
(vii) to institute Chairs, principalships, professorships, readerships and lecturerships and other teaching and academic positions, required by the University and to appoint persons to such Chairs, Principalships, Professorships, Readerships and lecturerships and other teaching and academic positions;
(viii) to appoint visiting professors, Emeritus professors, consultants, scholars and such other persons who may contribute to the advancement of the objects of the University;
(ix) to recognise persons as Professors, Readers or Lecturers or otherwise as teachers of the University;
(x) to create administrative and other posts as the University may deem necessary from time to time and to make appointments thereto;
(xi) to lay down conditions of service of all categories of employees, including their code of conduct;
(xii) to establish and maintain campuses, Centres, Regional Centres as may be determined from time to time;
(xiii) to admit to its privileges institutions situated within its jurisdiction as the University institutions and to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the Statutes;
(xiv) to co-operate or collaborate or associate with any other University or authority or institution of higher learning or any other public or private body, having in view the promotion of purposes and objects similar to those of the University, in such manner as may be prescribed and for such purposes as may be determined or agreed upon by the University;
(xv) to determine standards of admission, including examination, evaluation or any other method of testing, to the University, and the institutions maintained by or admitted to the privileges of the University;
(xvi) to demand and receive payment of fees and other charges as may be prescribed;
(xvii) to establish Halls and to recognise, guide, supervise and control Halls not maintained by the University and outer accommodation for students, and to withdraw any such recognition;
(xviii) to make arrangements for promoting health and general welfare of students and employees of the University;
(xix) 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;
(xx) to institute and award Fellowships, Scholarships, Studentships and prizes;
(xxi) to receive benefactions, donations and gifts in accordance with the regulations made by the Governing Board as per norms of the SAARC and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties, for the purposes or objects of the University and to invest funds in such manner as it deems fit;
(xxii) to borrow, with the approval of the Governing Board, on the security of the University property, money for purposes of the University;
(xxiii) to recognise for any purpose, either in whole or in part, any institution or members or students thereof on such terms and conditions as may, from time to time, be prescribed and to withdraw such recognition;
(xxiv) to enter into any agreement for the incorporation of any other institution in the University and for taking its rights, properties and liabilities and for any other purpose not repugnant to this Act;
(xxv) to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions or bodies as it may deem necessary;
(xxvi) to provide for the printing, reproduction and publication of research and other work which may be issued by the University;
(xxvii) to exercise such other powers accorded to it under the Agreement; and
(xxviii) to do all such other acts as may be necessary, incidental or conducive to the promotion of all or any of the objects of the University.
University open to all persons
9. The University shall be open to all persons irrespective of gender, caste, creed, disability, ethnicity or socio-economic background 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 office therein or be admitted as a student in the University or to graduate thereat or to enjoy or exercise any privilege thereof.
Visitor
10. (1) The Foreign Minister of the current Chair of the SAARC shall be the Visitor of the University.
(2) The Visitor shall have such powers as may be prescribed by the Statutes.
Officers of University
11. (1) There shall be a President of the University, and such other officers appointed in such manner as may be prescribed, who shall exercise such powers and functions as may be prescribed.
(2) The President shall be the Chief Executive Officer of the University.
President and its powers
12. (1) The President shall be appointed by the Governing Board in such manner as may be prescribed by the Statutes:
Provided that until the President is appointed, the Chief Executive Officer of the Project Office shall exercise the powers of the President and function as Chief Executive Officer of the University.
(2) The President shall, as the Chief Executive Officer, exercise general supervision and control over the affairs of the University and shall be responsible for implementing the objectives of the University and fulfilling the policy directives of the Governing Board.
(3) The President 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 such exercise of power shall be made only in emergent situations and in no case in respect of creation and upgradation of posts, and appointments thereto;
Provided further 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 Governing Board whose decision thereon shall be final.
(4) The President, 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 and the Statutes 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 Governing Board whose decision thereon shall be final.
(5) The President or any officer of the University, authorised by him in this behalf, shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University.
(6) The President shall exercise such other powers as may be prescribed by the Statutes.
Other officers
13. The manner of appointment and powers and duties of other officers of the University shall be such as may be prescribed by the Statutes.
Privileges and immunities of President and academic staff
14. The University, the President and the members of the academic staff and. where applicable, their dependents or members of the family, shall enjoy such privileges and immunities as the Central Government may notify under section 3 of the United Nations (Privileges and Immunities) Act, 1947.
Authorities of University
15. The following shall be the authorities of the University—
(a) the Executive Council,
(b) the Academic Council, and
(c) such other authorities as may be declared by the Governing Board in the Statutes to be the authorities of the University.
Executive Council
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