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THE CHHATTISGARH MAHARISHI UNIVERSITY OF MANAGEMENT AND TECHNOLOGY ACT, 2002
THE CHHATTISGARH MAHARISHI UNIVERSITY OF MANAGEMENT AND TECHNOLOGY ACT, 2002 (Received the assent of the Governor on 17-4-2002; assent first published in the Chhattisgarh Rajpatra (Asadharan), dated 18-4-2002.)
[Act No. 10 of 2002]
PREAMBLE
An Act to establish and incorporate a teaching and affiliating University to impart instructions in such branches of learning as University may think fit including Vedic teaching and learning and promote research facilities in the State of Chhattisgarh.
Be it enacted by the Chhattisgarh Legislative in the Fifty-third Year of the Republic of India as follows :--
Section 1 - Short title and commencement
(1) This Act may be called the Maharishi University of Management and Technology Act, 2002.
(2) It shall come into force on such date as the Government of Chhattisgarh may, by notification, in the Official Gazette appoint.
Section 2 - Definitions
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 Ordinance;
(c) "Executive Council" means the Executive Council of the University;
(d) "Board of Studies" means the Board of Studies of the University;
(e) "Chancellor, Vice-Chancellor and Pro-Vice-Chancellor" means respectively the Chancellor, Vice-Chancellor and Pro-Vice-Chancellor of the University;
(f) "College" means a college established and maintained by or affiliated to or recognised and admitted to its privileges by the University;
(g) "Department" means a University Department recognised as such by Statutes;
(h) "Distance Education System" means the system of imparting education through any means of communication such as broadcasting, telecasting, Satellite Internet correspondence courses, seminars, contact or the combination of any two or more such means;
(i) "Employee" means any person appointed by the University and includes teachers and other staff of the University;
(j) "Finance Committee" means the Finance Committee of the University;
(k) "Hall" means a unit of residence or corporate life for the students of the University or of a college, campus or of an Institution maintained by the University;
(l) "Institution" means an academic institution, not being college maintained by the University;
(m) "Planning Board" means the Planning Board of University;
(n) "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;
(o) "Recognised Institution" means an institution of Higher learning recognised by the University;
(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 maintained by the University or which is not maintained by the University;
(q) "Regulations" means the regulations made by any authority of the University under this Act for the time being in force;
(r) "Statutes and Ordinance" means respectively the Statutes and Ordinances of the University under this Act;
(s) "Teachers" include Professors, Readers, Lecturers and such other persons as may be appointed for imparting instructions or conducting research in the University or in any College or Institution maintained by the University and are designated as teachers by the Ordinance;
(t) "Sponsoring Body" means the Maharishi Shiksha Sansthan, registered Society which will have the total control of the University;
(u) "Students" means a student of the University, and includes any person who has enrolled himself for pursuing any course of study of the University;
(v) "A Foreign Student" means a student who is not an Indian National;
(w) "Campus" means a campus established, maintained or recognised by the University for the purpose of advising counselling, evaluating or for rendering any other assistance required by the student;
(x) "University" means the Maharishi University of Management and Technology established under this Act;
(y) "Year" means the twelve months period ending on 30th of June;
(z) "Officers of the University" means officers as defined in Section 8 of this Act.
Section 3 - The University
(1) There shall be established a University by the name Maharishi University of Management and Technology.
(2) The headquarters of the University shall be at Bilaspur in the State of Chhattisgarh and it may also establish campuses at such other places within its jurisdiction as it may deem fit.
(3) The first Chancellor, Vice-Chancellor, Pro-Vice-Chancellor and the first members of the Executive Council, or Academic Council or 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 into a body corporate by the name of Maharishi University of Management and Technology.
(4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.
Section 4 - Powers of the University
The University shall have the following powers, namely :--
(i) to provide for instruction in such branches of learning as the University may think fit, and to make provision for research and for the advancement and dissemination of knowledge in all fields, including in all the 40 branches of Vedic learning and practices (Rig Veda, Sama Veda, Yajur Veda, Atharva Veda, Shiksha Kalp, Vyakaran, Jyotish Chhand, Nirukt, Nyaya, Vaisheshik, Samkhya, Vedant, Karma Mimansa, Yoga, Upnishad, Aranyak, Branhmana, Samhita, Puran, Itihas, Gandharva Veda, Dhanur Veda, Sthapatya Veda, Vagbhatt Samhita, Sushrut Samhita, Kashyap Samhita, Bhave Praksh Samhita, Sharangadhar Samhita, Madhav Nidan Samhita, Rig Veda (Pratishakhyas), Shukla Yajur Veda (Pratishakhyas), Atharva Veda (Pratishakhyas), Sama Veda (Pushap Sutram), Krishna Yajur Veda (Taittirlya), Atharva Veda (Chaturadhyayi);
(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 examination, 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 undertake to 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;
(vi) to recognise an institution of higher learning for such purpose as the University may determine and withdraw such recognition;
(vii) to recognise persons for imparting instruction in any college or institution maintained by the University;
(viii) to appoint persons working in any other university or organisation as teacher of the University for specified period;
(ix) to create teaching administrative or associate with any other University or authority or institution of higher learning in such manner and for such purpose as the University may determine;
(x) to co-operate or collaborate or associate with any other University or authority or institution of higher learning in such manner and for such purpose as the University may determine;
(xi) to establish such campuses/faculties/departments/specialised laboratories or other units for research and instruction as are in the opinion of the University necessary for the furtherance of its objects;
(xii) to institute and award fellowships, scholarships, stipends, medals and prizes;
(xiii) to establish and maintain Colleges, Institutions and Halls;
(xiv) to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions, industrial or other organisation as the University may deem necessary;
(xv) to organise and conduct refresher courses, orientation courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff;
(xvi) to make special arrangements in respect of the residence discipline and teaching of women students as the University may consider desirable;
(xvii) 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;
(xviii) to confer autonomous status on a college or an Institution or a Department, as the case may be, in accordance with the statutes;
(xix) to determine standard of admission to the University, which may include examination, evaluation or any other method of testing;
(xx) to fix quota for students belonging to Scheduled Castes and Scheduled Tribes for admission purposes;
(xxi) to demand and receive payment of fees and other charges;
(xxii) to supervise the residence 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 their 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 to the University, necessary;
(xxv) to make arrangements for promoting the health and general welfare of the employee;
(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 on the security of the property of the University money for the purposes of the University; and
(xxviii) to do all such other acts and things as may be necessary incidental or conducive for the attainment of all or any of its objects.
Section 5 - Jurisdiction
The jurisdiction of the University shall extend to the whole of the State of Chhattisgarh. For distance education programmes this jurisdiction will not be applicable.
Section 6 - University open to all classes
The University shall be open to all persons of either sex and of whatever caste, creed, race, class, place of domicile, 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 by 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 promotion of educational interests of women, physically handicapped or persons belonging to the weaker sections of the society or the experts in any special field of knowledge.
Section 7 - Residence of Student
Every student of the University other than a student who pursues a course of study by distance education system, or as a day scholar, shall normally reside in a Hall or Hostel under such conditions as may be prescribed by the Act.
Section 8 - Officers of the University
The following shall be the officers of the University:--
(1) The Visitor;
(2) The Chancellor;
(3) The Vice-Chancellor;
(4) The Pro-Chancellor;
(5) The Deans of Faculties;
(6) The Registrar;
(7) Finance Officer;
(8) Such other persons in the service of the University as may be declared by the Statutes to be officers of the University.
Section 9 - Visitor
(1) The Governor of Chhattisgarh 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 Institution maintained by the University, and also of the examination, 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 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 be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry.
(4) The Visitor may address the Vice-Chancellor with reference to the result of such inspection and inquiry, and 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.
(5) The Executive Council shall communicate through the Vice-Chancellor to the Visitor such action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry.
(6) Where the Executive Council 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, issue such direction as he may think fit and the Executive Council shall be bound to comply with such directions.
(7) 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 the Ordinance :
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, shall consider the same.
Section 10 - The Chancellor
(1) Maharishi Mahesh Yogi shall be the first Chancellor and shall hold office during his lifetime.
(2) After the First Chancellor, the Executive Council shall appoint a Chancellor from amongst persons of eminence and renewed scholar, who shall hold office for a term of five years and shall be eligible for reappointment.
(3) The Chancellor shall by virtue of his office, be the Head of the University.
(4) The Chancellor shall if present, preside at the convocation of the University held for conferring degrees, and may delegate such powers as and when may be necessary.
Section 11 - The Vice-Chancellor
(1) The Vice-Chancellor shall be appointed by the Chancellor in such manner as may be prescribed by the statutes.
(2) The Vice-Chancellor shall be the principal executive and academic head 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 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 Chancellor whose decision thereon shall be final.
(4) The Vice-Chancellor, if, is of the opinion that any decision of any authority of the University is beyond the powers of 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 fifteen days of such decision and if either in whole or in part or no decision is taken by it within the said period of fifteen days, the matter shall be referred to the Chancellor 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.
Section 12 - The Pro-Vice Chancellor
One or more Pro-Vice-Chancellors may be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
Section 13 - Deans of Faculties
Dean of a Faculty shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
Section 14 - 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 agreement, 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.
Section 15 - 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 16 - Other Officers
The manner of appointment and powers and duties of the other officers of the University shall be prescribed by the Statutes.
Section 17 - Authorities of the University
The following shall be authorities of the University, namely :--
(i) the Executive Council;
(ii) the Academic Council;
(iii) the Planning Board;
(iv) the Board of Studies;
(v) the Finance Committee; and
(vi) such other authorities as may be declared by the Statutes to be the authorities of the University.
Section 18 - The Executive Council
(1) The Executive Council shall be the principal executive body of the University and shall consist of:--
(i) Vice-Chancellor;
(ii) Pro-Vice-Chancellor;
(iii) One Dean of Faculty of studies to be appointed by the Vice-Chancellor by rotation according to seniority;
(iv) One Head of Department of the University, who is not a Dean, to be nominated by the Vice-Chancellor by rotation according to seniority;
(v) One Professor, who is not a Dean or Head, to be appointed by the Vice-Chancellor by rotation according to seniority;
(vi) One Reader, who is not a Head, to be appointed by the Vice-Chancellor by rotation according to seniority;
(vii) One Lecturer, to be appointed by the Vice-Chancellor by rotation according to seniority;
(viii) Principal Secretary/Secretary in charge of Higher Education Department or his nominee not below the rank of Deputy Secretary;
(ix) Four persons of distinction from the fields of Industries or Commerce or Legal, Engineering or Medical Profession or in Vedic Education and from such other fields of public life to be nominated by the Chancellor;
(x) Four persons nominated by the Sponsoring Body the Maharishi Shiksha Sansthan.
(2) All members of the Executive Council, other than ex-officio members shall hold office for a period of three years from the date of their nomination or appointment as such.
(3) Seven members of the Executive Council shall form quorum for the meeting of the Council.
Section 19 - Powers and functions of the Executive Council
The Executive Council shall have the power of management and administration of the revenue and property of the University and the conduct of all administrative affairs of the University not otherwise provided for.
(2) Subject to the provisions of this Act, the Statutes and the Ordinances, the Executive Council shall in addition to all other powers vested in it, have the following powers, namely :--
(i) to create teaching and academic posts, to determine the number and emoluments of such posts and to define the duties and conditions of service of Professors, Readers, Lecturers and other academic staff and Principals of Colleges and Institutions maintained by the University :
Provided that no action shall be taken by the Executive Council in respect of the number, qualifications and the emoluments of teachers and academic staff otherwise than those made after due consideration of the recommendations of the Academic Council;
(ii) to appoint such Professors, Readers, Lecturers and other academic staff as may be necessary and Principals of colleges and institutions maintained by the University on the recommendation of the selection committee constituted for purposes and to fill up temporary vacancies therein;
(iii) to create administrative, ministerial and other necessary posts and to make appointments thereto in the manner prescribed by the Ordinances;
(iv) to grant leave of absence to any officer of the University other than the Chancellor and the Vice-Chancellor and to make necessary arrangement for the discharge of the functions of such officer during his absence;
(v) to regulate and enforce discipline among employees in accordance with the Statutes and the Ordinances;
(vi) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the University and for that purpose to appoint such agents as it may think fit;
(vii) to fix limits on the total recurring and the total non-recurring expenditure for a year on the recommendations of the Finance Committee;
(viii) to invest any money belonging to the University, including any unapplied income in such stocks, funds, shares or securities from time to time, as it may think fit or in the purpose of immovable property in India with the like powers of varying such investment from time to time;
(ix) to transfer or accept transfers of any movable or immovable property on behalf of the University;
(x) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University;
(xi) to enter into, vary, carry out and cancel contracts on behalf of the University;
(xii) to entertain, adjudicate upon, to redress any grievances of the employees and if considered fit, students of the University who may, for any reason, feel aggrieved;
(xiii) to appoint examiners and moderators and, if necessary to remove them, and to fix their fees, emoluments and travelling and other allowances, after consulting the Academic Council;
(xiv) to select a common seal for the University and provide for the custody and use of such seal;
(xv) to make such special arrangements as may be necessary for the residence and discipline of women students;
(xvi) to delegate any of its powers to the Vice-Chancellor, the Pro-Vice-Chancellor, the Deans, the Registrar or the Finance Officer or such other employees or Authority of the University or to a committee appointed by it as it may deem fit;
(xvii) to institute fellowships, scholarships, stipends, medals and prizes;
(xviii) to institute and manage :--
(a) a Printing, Publication and Translation Bureau;
(b) an Information Bureau; and
(c) an Employment Bureau;
(xix) to provide for the appointment of visiting Professors, Emeritus Professors, Consultants and scholars and determine the terms and conditions of such appointments; and
(xx) to exercise such other powers and perform such other duties as may be conferred or imposed on it by the Act or the Statutes.
Section 20 - 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 the Ordinances, co-ordinate and exercise general supervision over the academic policies and programmes 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.
Section 21 - The Planning Board
(1) The Planning Board shall be the principal planning body of the University.
(2) The constitution of the Planning Board, term of office of its members and its powers and functions shall be prescribed by the Statutes :
Provided that Planning Board shall have the representation of non-teaching staff also.
Section 22 - Faculties/The Boards of Studies/Departments
The constitutions, powers and functions of the Faculties, Boards of studies and Departments shall be prescribed by the Statutes.
Section 23 - The Finance committee
The constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes.
Section 24 - Other Authorities of the University
The constitutions, 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.
Section 25 - Powers to make Statutes
Subject to the provisions of this Adhiniyam, the Statutes may provide for all or any of the following matters, namely :--
(a) The constitution, powers and functions of the authorities and other bodies of the University, as may be constituted, from time to time;
(b) the election and continuance in office of the members of the said authorities and Bodies including the filling up of vacancies of members and all other matters relating to those authorities and bodies;
(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 other conditions of service including disciplinary matters;
(e) the holding of convocation to confer degrees;
(f) the appointment of teachers, academic staff working in any other University or organisation for specific period for undertaking a joint project;
(g) the procedure for arbitration in cases of dispute between employees or students and the University;
(h) the procedure for appeal to the Executive Council by any employees or students against the action of any officer or authority of the University;
(i) the conferment of autonomous status on a College or an Institution or a Department;
(j) the establishment and abolition of Faculties, Departments, Centres, Halls, Colleges and Institutions;
(k) the conferment of honorary degrees;
(l) the institution of fellowship, scholarships, stipends, medals and prizes;
(m) the withdrawal of degrees, diploma, certificates and other academic distinctions;
(n) the creation, composition and functions of any other body, which is considered necessary for improving the academic life of the University;
(o) the delegation of powers vested in the authorities or officers of the University;
(p) the maintenance of the discipline among the employees and students;
(q) all other matters required by this Act to be provided for by the Statutes.
Section 26 - Statutes how to be made
The Executive Council may, from time to time, make statutes consistent with the objects of the Act :
Provided that the Executive Council shall not make or amend or repeal any statute affecting the status, power or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes and any opinion so expressed shall be considered by the Executive Council.
(2) Every Statute or any amendment or repeal of a Statute shall require the assent of the Chancellor who may assent thereto or withhold assent or remit the same to the Executive Council for reconsideration.
(3) Notwithstanding anything contained in the foregoing sub-sections, the Chancellor in exceptional circumstances, may direct the Executive Council to make provisions in the Statutes in respect of any matter specified by him and if the Executive Council is unable to implement such direction within fifteen days of its receipt, the Chancellor may, after considering the reasons, if any, communicated by the Executive Council for its inability to comply with such direction make or amend the Statutes suitably.
Section 27 - Powers to make Ordinance
(1) All Ordinances shall be made by the Vice-Chancellor with the previous approval of the Executive Council.
(2) 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 to the University and their enrolment as such;
(b) the courses of study to be laid down for all degrees, diplomas and certificate of the University;
(c) the medium of instruction and examinations;
(d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same;
(e) the fees to be charged for courses of study in the University and for admission to the examination degrees and diplomas of the University;
(f) the conditions for award of fellowships, scholarships, stipends, medals and prizes;
(g) the conduct of examinations including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators;
(h) the conditions of residence of the students of University;
(i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them;
(j) the appointments and emoluments of employees other than those for whom provisions have been made in the Statutes;
(k) the establishment of Faculties, Departments, Colleges, Board of Studies, Special Centres, Specialised Laboratories and other Committees;
(l) the manner of co-operation and collaboration with other Universities and authorities including learned bodies or associations;
(m) the creation, composition and functions of any other body, which is considered necessary for improving the academic life of the University;
(n) such other terms and conditions of service of teachers and other academic staff as are not prescribed by the Statutes;
(o) the management of Colleges and Institutions established by the University;
(p) the setting up of a machinery for redressal of grievances of employees; and
(q) all other matters which by this Act or the Statutes are required to be provided for by the Ordinances.
Section 28 - Regulations
The authorities of the University may in the manner prescribed by the Statutes, 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 Ordinances.
Section 29 - Annual Report
(1) The annual report of the University including the annual accounts and balance sheet duly audited by a Chartered Accountant shall be prepared for each year under the direction of the Executive Council, which shall include, among other matters, the steps taken by the University towards the fulfilment of its objects.
(2) The annual report so prepared shall be submitted to the Chancellor on or before the thirty-first of December of each year.
(3) A copy of the annual report prepared under sub-section (1) shall also be submitted to the Ministry of Education, Government of Chahattisgarh on or before the thirty-first of December of each year.
Section 30 - Conditions of service of employees
(1) Every employee of the University shall be appointed under a written contract, which shall be lodged with the University and a copy of which shall be furnished to the employee concerned.
(2) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of arbitration consisting of one member appointed by the Executive Council, one member nominated by the employee concerned and an umpire appointed by the Chancellor.
(3) The decision of the Tribunal in such matter shall be final.
(4) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes.
Section 31 - Procedure of appeal and arbitration in disciplinary cases against students
(1) Any student or candidate for an examination whose name has been removed from the rolls of the University by the orders or resolution of the Vice-Chancellor, Discipline Committee or Examination Committee, as the case may be, and who has been debarred from appearing at the examinations of the University for more than one year, may within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the Executive Council and the Executive Council may confirm, modify or reverse the decision of the Vice-Chancellor or the Committee, as the case may be.
(2) Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-sections (2), (3) and (4) of Section 30 shall as far as may be, apply to reference made under this sub-section.
Section 32 - Right to appeal
Every employee or student of the University or of a College or Institution maintained by the University shall, notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed by the Statute, to the Executive Council, against the decision of any officer or authority of the University or of the principal of any college or institution, as the case may be, and thereupon the Executive Council may confirm, modify or reverse the decision appealed against.
Section 33 - Provident and Pension Funds
The University shall constitute for the benefit of its employees such provident or pension fund and provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes.
Section 34 - Disputes as to constitution of University authorities and bodies
If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.
Section 35 - Constitution of Committee
Where any authority of the University is given power by this Act or the Statutes to appoint committees, such committees shall, save as otherwise provided consist of the members of the authority concerned and of such other person, if any, as the authority in each case may think fit.
Section 36 - Filling of Casual Vacancies
All casual vacancies among the members (other than ex-officio members) of any authority or other body of the University shall be filled, as soon as may be, by the person or body who appointed, elected or co-opted the members whose place has become vacant and the person so appointed, elected or co-opted to the casual vacancy shall be a member of such authority or body for the residue of the term of the person whose place he fills.
Section 37 - Proceeding of University authorities or bodies not invalidated by vacancies
No act or proceeding of any Authority or other body of the University shall be invalid merely by reason of the existence of a vacancy among its members.
Section 38 - Protection of action taken in good faith
No suit or other legal proceeding shall lie against any officer or other employee of the University for anything which is done in good faith or intended to be done in pursuance of the provisions of this Act, the Statutes or the Ordinances.
Section 39 - Transitional provisions
Notwithstanding anything contained in this Act and the Statutes :--
(i) the first Vice-Chancellor shall be appointed by the Chancellor and the said officer shall hold office for a term of five years;
(ii) the first Registrar and the first Finance Officer shall be appointed by the Chancellor and each of the said officers shall hold office for a term of three years;
(iii) the first Executive Council shall be nominated by the Chancellor for a term of three years;
(iv) the first Academic Council and the first Planning Board shall be nominated by the Chancellor for a term of three years :
Provided that if any vacancy occurs in the above offices or Authorities, the same shall be filled by appointment or nomination, as the case may be, by the Chancellor and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held that office, if such vacancy had not occurred.
Section 40 - Statutes, Ordinances and Regulations to be published and circulated to all authorities and officers of University
(1) Every Statute, Ordinance or Regulation made under this Act shall be published in the Gazette.
(2) Every Statute, Ordinance or Regulation made under this Act shall be put, as soon as may be after it is made to the table of the Assembly.
(3) The power to make Statutes, Ordinances or Regulations shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Adhyadesh to the Statutes, Ordinances or Regulations or any of them but no retrospective effect shall be given to any Statutes, Ordinances or Regulations so as to have prejudicial effect in the interest of any person to whom such Statute, Ordinance or Regulation may be applicable.
