THE ARUNACHAL UNIVERSITY ACT, 1984
(Act No. 1 of 1984)
An Act to establish and incorporate a teaching and affiliating University for the Union Territory of Arunachal Pradesh.
Whereas it is expedient to establish and incorporate a teaching and affiliating University for the benefit of the, people of the Union Territory of Arunachal Pradesh and to develop the intellectual, academic and cultural advancement of the said people and to ensure development of the natural resources of the said area, it is hereby enacted by the Legislative Assembly of Arunachal Pradesh in the Thirty-fifth Year of the Republic of India as follows:
Short title, extent and commencement
1. (1) This Act may be called the Arunachal University Act, 1984.
(2) Notwithstanding anything contained in any other Act, this Act shall extend to the Union Territory of Arunachal Pradesh.
(3) This Act shall come into force on such date as the Administrator of Arunachal Pradesh may, by notification in the Official Gazette, appoint.
Definitions.
2. In this Act, and in the Statutes, Ordinance and Regulations made under this Act, unless the context otherwise requires,-
(1) “Academic Council” means the Academic Council of the University;
(2) “Academic Staff” means such categories of staff as are designated as academic staff of the University;
(3) “Approved Institution” means an Institution providing facilities for a Certificate or Diploma Course or both;
(4) “Autonomous College or Campus or institution” means a College or Campus or Institution on which the status of autonomy has been conferred by the University;
(5) “Board of Studies” means the Board of Studies of the University;
(6) “Campus” means a unit established or constituted by the University through the Statues for making arrangements for instruction or research or both;
(7) “Chancellor”, “Vice Chancellor”, “Pro-Vice-Chancellor” means respectively, the Chancellor, Vice-Chancellor and Vice-Chancellor of the University;
(8) “College” means a College maintained by or admitted to the privileges of the University;
(9) “Court” means the Court of the University;
(10) “Department” means a Department of Studies established by the Statues;
(11) “Employee” means any person appointed by the University in the University or a maintained College or a maintained Institution and includes teachers and other staff of the University;
(12) “Executive Council” means the Executive Council of the University;
(13) “Faculty” means a Faculty of University;
(14) “Finance” means a Faculty of University;
(15) “Finance Committee” means the Finance Committee of the University;
(16) “Government” means the Government of Arunachal Pradesh;
(17) “Government Body” in relation to a College or Institution means the Governing Body or any other body (by whatever name called), charged with the management of the affairs of the College or Institution or Approved Institution as the case may be and recognised as such by the University;
(18) “Grievance Committee” means Grievance Committee constituted to look into the grievances of the employee concerned;
(19) “Hostel” means a unit of residence of corporate life for the students of the University, College or Institution, provided, maintained or recognised by the University;
(20) “Institution” means an academic institution as the context may require (other than a College or Approved Institution) maintained by or admitted to the privileges of the University;
(21) “Joint Consultative Machinery” means the Joint Consultative Machinery set up for the employees;
(22) “misconduct” means the misconduct as defined by the Statues;
(23) “Planning Board” means the Planning Board of the University;
(24) “prescribed” means prescribed by Statute made under this Act;
(25) “principal” means the Head of 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;
(26) “Statutes” “Ordinances” and “Regulations” means respectively the Statues, Ordinances and Regulations of the University made under this Act and for the time being in force;
(27) “Student” means a person who is admitted, to a Department of the University or a College or an Institution and is borne on the attendance register thereof;
(28) Teachers-
(i) “Teachers of University” means a Professor, Reader, Lecturer and such other persons as may be appointed for imparting instructions or conducting research in University or in any College or Institution maintained by the University and are designated as teachers by the Statues;
(ii) “Recognised Teacher” means such persons as are recognised by the University for the purpose of imparting instruction in a College or any Institution not maintained by the University admitted to the privileges of the University, and are designated as recognised teachers by the Statutes;
(iii) “Approved Teachers” means such persons as are approved by the University for imparting instructions in Institutions admitted to the privileges of the University, providing instruction for a Diploma or Certificate Course or both, and are designated as Approved Teachers by the Statutes;
(29) “University” means the Arunachal University.
The University
3. (1) There shall be established a University by the name of “Arunachal University”.
(2) The Headquarters of the University shall be at Itanagar.
(3) The first Chancellor, the first Vice-Chancellor and the first members of the Court, the Executive Council, the Academic Council and the 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 likely hereby constituted a body corporate by the name of “Arunachal University”.
(4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.
Object
4. The object 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, and endeavour through research, education, training and extension to play a positive role in the socio-economic and cultural development of Arunachal Pradesh and in particular the objects set up in the First Schedule to the Act.
Power of the University
5. The University shall have the following powers:
(1) to provide for instruction in such branches of learning as the University may, from time to time, determine and to make provisions for research, training and for the advancement and dissemination of knowledge;
(2) to take such steps as would contribute to the economic advancement and welfare of the people or Arunachal Pradesh;
(3) to grant, subject to such condition as the university may determine, diplomas or certificates and confer degrees and other academic distinctions (on the basis of examinations, evaluation or any other method of testing) on persons subject to such condition as, the University may determine;
(4) to organize and to undertake extra-mural studies, training and extension services;
(5) to confer honorary degrees, other distinctions in the manner prescribed by the Statues;
(6) to provide instruction, including correspondence and such other courses, through continuing education to such persons as are not members of the University as it may determine;
(7) to institute principal ships, professorships, readerships, lectureships and other teaching or academic posts required by the University and to appoint person to such principal ships, professorships, readership, lectureships or other posts;
(8) to recognize or approve person for imparting instructions in any College or Institution or Approved Institution admitted to the privileges of the University;
(9) to appoint persons working in any other University or organisations as teachers of the University or specified period;
(10) to create administrative, ministerial and other posts and to make appointments thereto and to determine their conditions of services in accordance with the Statutes;
(11) to co-operate or collaborate with any other University or authority or Institution in such manner and for such purposes as the University may determine;
(12) to approve persons working in any institution co-operating, collaborating or associating with the University, for imparting instruction or supervising research, or both and to withdraw such approval;
(13) to make provision for research, training and advisory services, and for that purpose to enter into such arrangements with other institutions or bodies as the University may deem necessary;
(14) to establish such Campuses, Centres, Institutions specialized laboratories or other units for research, institution and training as are, in the opinion of the University, necessary for furtherance of its objects, as prescribed;
(15) to institute and award fellowships, (including traveling fellowships) scholarships, studentships, medals and prizes in accordance with the Statutes;
(16) to establish and maintain Colleges, Institutions and Hostels;
(17) to admit to its privileges, Colleges, Institutions and Approved Institutions not maintained by the University, to withdraw all or any of these privileges in accordance with such conditions as may be prescribed and to recognise Hostels not maintained by the University and to withdraw any such recognition;
(18) to declare a Campus, College or an Institution as an autonomous Campus, College or an Institution, as the case may be and the extent of autonomy and the matters in relation to which it may exercise autonomy;
(19) to determine standards for admission in the University, Colleges, Institutions and Approved Institutions which may include examinations, evaluations or any other method of testing;
(20) to demand and receive payment of fees and other charges;
(21) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare;
(22) to make special arrangements in respect of women students as the University may consider desirable;
(23) to regulate the conduct of the students of the University and of Colleges, and Institutions including hostels and enforce discipline amongst them;
(24) to regulate the conduct and duties of the employees of the University and of employees of Colleges and Institutions;
(25) to regulate and enforce discipline among the employees of the University and take such disciplinary measures in this regard as may be deemed necessary;
(26) to make arrangements for promoting the health and general welfare of the employees;
(27) to acquire, hold, manage and dispose of property, movable or immovable including trusts and endowment properties for the purpose of the University;
(28) to borrow, with the approval of the Government on the security of the property of the University, money for the purposes of the University;
(29) to appoint persons working in any other University, Institution or organisations as teachers of the University for a specified period, and to make special arrangements to facilitate this; and
(30) to do all such other acts and things whether incidential to the powers aforesaid or not as may be required in order to further the objects of the University.
Jurisdiction of the University.
6. (1) The jurisdiction of the University shall extend to the Union Territory of Arunachal Pradesh. Notwithstanding anything in any other law for the time being in force no educational institution within the Union Territory of Arunachal Pradesh, shall be associated in any way with or be admitted to any privilege of any other University incorporated by law in India, and any such privileges granted by any such other University to any educational institutions within these limit prior to the commencement of this Act, shall be deemed to be withdrawn on the commencement of this Act.
(2) The Jawaharlal Nehru College, Pasighat and the Government Degree College, Itanagar shall stand affiliated to the University.
(3) No College or Institution situated within the limits of the jurisdiction of the University, but not admitted to its privileges, shall associate with, or be admitted to the privileges of any other University except with the previous approval of the Central Government.
University open to classes, castes and creeds.
7. (1) 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 to graduate thereat.
(2) Nothing in sub-section (1) of this Section shall be deemed to prevent the University from making special provisions for admission of students of any socially educationally backward classes of the people in Arunachal Pradesh and, in particular, of the Scheduled Tribes and Scheduled Castes.
(3) Nothing in this section shall be deemed to require the University to admit to any course of study a larger number of students, than that may be determined by the Ordinances.
Visitor
8. (1) The President of India shall be the Visitor of the University.
(2) No amendment to the Act of the University or its Statutes shall come into effect unless the Visitor has communicated his consent.
(3) The Visitor may issue on the advice of the University Grants Commission, such directions to be University through the Chancellor as may be considered necessary in matters relating to co-ordination and maintenance of standards.
(4) The Visitor may direct the Chancellor of the University to cause an enquiry to be to be made in such manner as prescribed.
(5) The Chancellor of the University shall, on the direction of the Visitor, cause an enquiry to be made by such person or persons as he may direct, of the University, its buildings, laboratories and equipments, and of any College or Institution maintained by the University and also of examinations, teaching and other work conducted or done by the University or cause an enquiry to be made in like manner in respect of any matter, connected with the administration of finances of the University or Colleges or Institutions maintained by it.
(6) The detailed procedure for the conduct of such an enquiry and also the manner in which the recommendations to be made are to be implemented would be prescribed.
(7) No person shall be appointed as the Vice-Chancellor of the university unless the Visitor has approved the name of such a person.
Chancellor
9. (1) The Administrator, Arunachal Pradesh shall be the Chancellor of the University.
(2) The Chancellor shall, by virtue of his office, be the head of the University and shall, if present, preside over the Convocations of the University held for conferring degrees.
(3) The Chancellor 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 or an Approved Institution and also of the examinations, teaching and other work conducted or done by the University and to cause an enquiry to be made in like manner in respect of any matter connected with the administration of finances of the University, Colleges or Institutions.
(4) The Chancellor shall, in every case, 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, College or Institution maintained by it; or
(b) to the Governing Body of the Colleges or Institution, through the Vice-Chancellor if the inspection or inquiry is to be made in respect of College or any Institution or an Approved Institution admitted to the privileges of the University not maintained by the University.
and the University or Governing Body as the case may be, shall, on receipt of such notice, have the right to make such representation to the Chancellor as it may consider necessary.
(5) After considering the representations, if any, made by the University or the Governing Body as the case may be, the Chancellor may cause to be made such inspection or inquiry as is referred to in sub-section (2) of this Section.
(6) Where any inspection or inquiry has been caused to be made by the Chancellor, the University or the Governing Body 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.
(7) The Chancellor, I 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 Chancellor with such advice as the Chancellor may be pleased to offer upon the action to be taken thereon.
(8) The Chancellor may, if the inspection or inquiry is made in respect of any College or Institution or an Approved Institution admitted to the privileges of the University, and not maintained by the University, address the Governing Body concerned through the Vice- Chancellor with reference to the result of such inspection or enquiry, 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 Governing Body as the case may be, shall communicate through the Vice-Chancellor to the Chancellor such action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry.
(10) Where the Executive Council or the Governing Body does not, within any reasonable time, take action to the satisfaction of the Chancellor, the Chancellor may, after considering any explanation furnished or representation made by the Executive Council or Management, issue such directions he may think fit and the Executive Council or Management as the case may be, shall comply with such directions.
(11) Without prejudice to the foregoing provisions of this section, the Chancellor may, by order in writing, annual any proceedings of the University which is not in conformity with this Act, the Statutes or Ordinances.
(12) Every proposal for the conferment of a honorary degree shall be subject to the confirmation of the Chancellor.
(13) The Chancellor may, at such intervals as he may decide, appoint Committees to recommend the annual grants to be paid to the University for fulfillment of its objectives:
Provided that, before making any such order, the Chancellor shall call upon the University to show because why such an order shall not be made, and if any cause is shown within a reasonable time he shall consider the same.
(14) The Chancellor shall exercise such other powers and perform such other functions as may be conferred on or vested in him by or under the provisions of the Act or be prescribed by the Statutes.
Officers of the University
10. The following shall be the officers of the University:
(1) The Chancellor;
(2) The Vice-Chancellor;
(3) The Pro-Vice-Chancellor, if any;
(4) The Deans of the Faculties;
(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.
The Vice-Chancellor
11. (1) The Vice-Chancellor shall be appointed by the Chancellor with the prior approval of the Visitor in such manner as may be prescribed by the Statutes.
(2) The Vice-Chancellor shall be the Principal academic and executive 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 Vie-Chancellor may, if he is of the 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 have been taken, it may refer the matter to Chancellor 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 appeal against such action to the Executive Council, within 3 months from the date on which such action is communicated to him and there upon 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 performs such other functions as may be prescribed by the Statute.
The Pro-Vice-Chancellor
12. The Pro-Vice-Chancellor, if any, shall be appointed in such manner and shall exercise such power and perform such duties as may be prescribed by the Statutes.
Dean of the Faculties
13. Every Dean of the Faculty shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
The Registrar
14. (1) The Registrar shall be appointed in such manner as may be prescribed by the Statutes.
(2) The Registrar shall have the power to 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.
The Finance Officer
15. 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.
Other officers
16. The manner of appointment, and powers and duties of other officers of the University shall be prescribed by Statutes.
Authorities of the University
17. The following shall be the authorities of the University:
(1) The Court;
(2) The Executive Council;
(3) The Academic Council;
(4) The Planning Board;
(5) The Finance Committee;
(6) The Faculties; and
(7) Such other authorities as may be declared by the Statutes to be authorities of the University.
The Court
18. (1) The constitution of the Court and term of office of its members shall be prescribed by the Statutes.
(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 or the annual accounts of the University and on the audit report of such accounts;
(c) to advice the Chancellor 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, its constitution power and functions
19. (1) The Executive Council shall be the principal executive body of the University.
(2) The constitution of the Executive Council, the term of officer of its members and its powers and duties shall be prescribed by the Statutes.
The Academic Council
20. (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 ordinances, coordinate and exercise general supervision over the academic policies of the University. The Academic Council shall keep under review the maintenance of standards of instruction, education, research, training and examination within the University.
(2) The constitution of the Academic Council, the term of office of its members and its powers and duties shall be prescribed by the Statutes.
The Planning Board
21. (1) There shall be constituted a Planning Board of the University which shall be the principal Planning Body of the University, and also be responsible for the monitoring of the developments of the University on the lines indicated in the objective prescribed.
(2) The Executive Council shall consider the recommendations of the Planning Board, where considered necessary in consultation with the Academic Council and take decision on the same.
(3) The constitution of the Planning Board and the manner of appointment of its members shall be prescribed by the Statutes.
Finance Committee
22. The constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes.
Other Authorities of the University
23. The constitution, powers and functions of faculties and such other authorities as may be declared by the Statutes to be authorities of the University, shall be prescribed by the Statutes.
Power to make Statutes
24. Subject to the provisions of this Act 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, the filling of vacancies of members and all other matters relative to those authorities and other bodies for which it may be necessary or desirable to provide;
(c) the appointment, powers and duties of the officers of the University and their emoluments;
(d) the appointment of teachers of the University and other academic staff and their emoluments;
(e) the appointment of teachers and other academic staff working in any other University or Organisation for a specified period for an approved programme;
(f) the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action.
(g) the principles governing seniority of service of employees;
(h) the procedure for arbitration in cases of dispute between employees or students and the University;
(i) the procedure for appeal to the Executive Council by any employee or student against the action of any officer or authority of the University;
(j) the participation of students in the affairs of the University;
(k) The conferment of honorary degrees;
(l) Code of Ethics for its teachers and the categories of misconduct for which any action may be taken;
(m) the manner in which the assessment of its teachers be done at prescribed intervals;
(n) the institution of fellowships (including traveling fellowships), scholarships, studentships, medal and prizes;
(o) the maintenance of discipline among the students;
(p) the establishment and abolition of Faculties Departments, Hostels, Colleges, and Institutions;
(q) the conditions under which Colleges and Institutions may be admitted to the privileges of the University and the withdrawal of such privileges;
(r) the management, supervision and inspection of Colleges and Institutions established or maintained by the University;
(s) the constitution of the Governing Bodies of Colleges and Institutions admitted to the privileges of University and the supervision and inspection of such Colleges and Institutions;
(t) the constitution of Governing Bodies of Approved Institutions admitted to the privileges of the University and supervision and inspection of such Institutions;
(u) the extent of the autonomy which a Campus or Colleges or Institution declared as an Autonomous campus or College or Institution under clause (18) of Section 5, may have and the matters in relation to which such autonomy may be exercised;
(v) the delegation of powers vested in the authorities or officers of the University;
(w) the medium of instruction and examination;
(x) the award of degrees, diploma, 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;
(y) the establishment of Campuses, Special Centres, specialized laboratories and other units for research, training and instruction;
(z) the manner of co-operation and collaboration with other Universities and authorities including learned bodies or associations;
(za) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;
(zb) constitution and terms of reference of the Grievance Committee for its employees and students;
(zc) constitution and terms of reference of the Joint Consultative Machinery to be set up for its employees; and
(zd) all other matters which by this Act are to be or may be provided by the Statutes.
Statutes how made
25. (1) The first Statutes are those set out in the Second Schedule.
(2) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1) in consultation with Academic Council or Planning Board, as may be expedient.
(3) As per provisions of sub-section (2) of this Section, the Executive Council shall not make, amend or repeal any Statutes affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity to express an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Council.
(4) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the approval of the Chancellor who may assent thereto or withheld assent or remit to the Executive Council for consideration.
(5) A new Statue or a Statute amending or repealing an existing Statute shall not be valid unless it has been assented to by the Chancellor with the approval of the Visitor.
(6) Notwithstanding anything contained in the foregoing sub-section, the Chancellor with the approval of the Visitor may make new or additional Statutes or armed or repeal the Statutes referred to in sub-section (1), during the period of three years immediately after the commencement of this Act.
(7) As per provisions of sub-section (6) of this Section, on the expiry of the said period of three years, the Chancellor may make with the approval of the Visitor, within one year from the date-of such detailed Statues, as he may consider necessary and such detailed Statutes shall be laid before the Legislative Assembly of Arunachal Pradesh.
(8) The Chancellor may with the consent of the Visitor propose to the University to prepare a Statue on a specified item. However, if the Executive Council is unable to accept the proposal of the Chancellor, it may give reason therefore and the decision of the Chancellor taken with the approval of the Visitor will be final.
Ordinances.
26. (1) Subject to the provisions of this Act and the Statute, the Ordinance 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 course of study to be laid down for degrees, diplomas and certificates of the University;
(c) 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;
(d) the conduct of examinations, including the term of office and of appointment and the duties of examining bodies, examiners and moderators;
(e) the conditions of residence of the students of the University;
(f) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and prescribing of special courses of studies for them; and
(g) all other matters which by this Act or the Statutes may be provided for by the Ordinances.
(2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Chancellor and the Ordinances so made be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes.
Regulations
27. The authorise of the University may make Regulations consistent with this Act, the Statutes and the Ordinances for the conduct of their own business and that of the Committees appointed by them and not provided for by this Act, the Statutes or the Ordinances in the manner prescribed by the Statutes.
Annual Report
28. (1) The annual report of the University shall be prepared under the direction of the Executive Council and shall be submitted to the Court on or after such date as may be prescribed by the Statutes and the Court shall consider the report in its annual meeting.
(2) The Court shall submit the annual report to the Chancellor along with its comments, if any.
(3) The Chancellor shall submit the report to the Visitor with his observations, if any.
Annual Accounts
29. (1) The annual accounts and balance-sheet of the University shall be prepared under the directions of the Executive Council and shall once, at least every year and at intervals of not more than fifteen months be audited by the Comptroller and Auditor General of India.
(2) The annual accounts when audited shall be published in the Official Gazette and a copy of the accounts together with the report of the Comptroller and Auditor General of India shall be submitted to the Court and the Chancellor along with the observations of the Executive Council.
(3) Any observations made by the Chancellor on the annual accounts shall be brought to the notice of the Court and the observations of the Court, if any, shall after being considered by the Executive Council, be submitted to the Chancellor.
Conditions of Service of employees
30. (1) Every employee 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 a contract between the University and any employee shall, at the request of the employees, be referred to a Tribunal, of arbitration consisting of one member nominated by the Chancellor. The decision of the Tribunal shall be final, and no suit shall lie in any civil court in respect of the matter decided by the Tribunal. Every such request shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration Act, 1940.
Procedure of appeal and arbitration in disciplinary case against students
31. (1) Any student or candidate for an examination whose name has been removed from the rolls of the University by 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 examination of the University for more than one year may, within 10 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, where referred to a Tribunal of arbitration under the provisions of sub-section (2) of section 30 shall as far as may apply to reference made under this sub-section.
Right of Appeal
32. Every employee or student of the University or of a College or Institution shall, not withstanding anything contained in this Act, have a right to appeal within such time as may prescribed by the Statutes, to the Executive Council against the decision of any officer or authority of the University or of the Principal or the management of any College or Institution, as the case may be and there upon the Executive Council may confirm, modify or reverse the decision appealed against.
Provident and Pension fund.
33. (1) The University shall constitute of the benefit of the employees such pension or provident funds or provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes.
(2) Where such provident or pension fund has been so constituted, the Central Government may declare that the provision of the Provident, Fund Act, 1925 shall apply to such funds, as if it were a Government Provident Fund.
Disputes as to the constitution of the University authorities and
34. If any question arises as to whether any person has been duly elected 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.
Constitution of Committees
35. Where any authority of the University is given power by this Act or the Statutes to appoint Committees, such Committees shall, saves as otherwise provided, consist of the members of the authority concerned and of such other persons (if any) as the authority in each case may think fit.
Filling of casual vacancies
36. 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 conveniently may be, by the person or body who appoints, elects or co-opts the member whose place has become vacant and person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a members.
Proceedings of University authorities or bodies not invalidated by vacancies
37. No act or proceedings of any authority or other body of the University shall be invalidated merely by reason of existence of a vacancy or vacancies among its members.
Protection of action taken in good faith
38. No suit or other legal proceedings shall lie against any officer or employee of the University for anything, which is in good faith, done or intended, to be done in pursuance of any of the provision of this Act, the Statutes or Ordinances.
Mode of proof of University record.
39. A copy of any receipt application, notice order, proceedings, resolution of any authority or Commission of the University, or other documents in possession of the University, or other documents in possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceedings or resolution, documents or the existence of entry in the register and shall be admitted as evidence of the mattes and transaction therein were the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the Indian Evidence Act, 1872 or in any other law for the time being enforce.
Power to remove difficulties
40. If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing difficulty under intimation to the Central Government, but, no such order shall be made under this section after expiry of three years from the commencement of this Act.
Transitional provisions
41. Notwithstanding anything contained in this Act and the Statutes-
(a) the first Vice-Chancellor shall be appointed by the Chancellor, with the prior approval of the Visitor and he shall hold office for a term of five years;
(b) the first Registrar and the first Finance Officer shall be appointed by the Chancellor and each of the said officer shall hold office for a term of three years;
(c) the first Court and the first Executive Council, shall consist of not more than twenty members and twelve members respectively who shall be nominated by the Chancellor with the approval of Visitor and shall hold office for a term of three years;
(d) the first Planning Board shall be constituted by the Visitor in consultation with the University Grants Commission and its members shall hold office for a term of three years. The planning Board, with the co-option of such members as it may decide will exercise the powers of Academic Council, till such time the Academic Council is constituted:
Provided that if any vacancy occurs in the above officers or authorities, the same shall be filled by appointment or nomination as the case may be, by the Visitor or the Chancellor as the case may be and the persons so appointed or nominated shall hold office for so long as the officer or member in whose places he is appointed or nominated would have held office, if such vacancy had not occurred;
(e) the first Finance Committee shall consist of not more than seven members, who shall be nominated by the Chancellor with the approval of the Visitor and shall hold office for a term of three years.
Completion of courses of students in colleges affiliated to the University
42. Notwithstanding anything contained in this Act, or in the Statutes, or Ordinance, any student of the Jawaharlal Nehru College, Pasighat and the Government Degree College, Itanagar, who immediately before the admission of these Colleges to the privileges of Arunachal University was studying for a degree of the Punjab University, shall be permitted by the Arunachal University to complete his course for that degree, and the Arunachal University or these colleges shall provide for the instructions and examination of such student in accordance with the syllabus of students of the Punjab University.
THE FIRST SCHEDULE
(See Section 4)
The University shall endeavour through research, education, training and extension to play a positive role in the socio-economic development of Arunachal Pradesh, and based on the rich heritage to advance the culture of its people. Towers this it shall undertake.
(i) to strengthen and diversify certificate and diploma courses related to the needs of employment, and building the economy of the region on the basis of its natural resources;
(ii) to introduce relevant undergraduate courses for enhancing knowledge and skills;
(iii) to provide education and training in the various arts, crafts and skills of the region raising their quality, and improving their availability to the people;
(iv) to provide or arrange training of teachers required for such activities or institutions;
(v) to provide training and other facilities to equip persons for different categories of jobs;
(vi) to provide suitable postgraduate courses of study
(vii) to undertake and organize research to develop the creative potential of its people optimal use of the resources of the territory particularly that which is related to regional development; and
(viii) to provide for counseling and guidance and facilities for helping in placement of students.
In furtherance of the fulfillment of the above objectives and activities the University shall function in close collaboration of the Union Territory and concerned institutions in the Union Territory and the country.
THE SECOND SCHEDULE
[See Section 25 (1)]
The Vice-Chancellor
The Statutes of the University
1. (1) The Vice-Chancellor shall be appointed by the Chancellor with the prior approval of the Visitor from a panel of not less than three persons who shall be recommended by a Committee as constituted under sub-clause (2) and the panel shall be prepared in alphabetical order and shall not indicate any order of preference:
Provided that if the Chancellor does not approve any of the persons included in the panel, he may call for a fresh panel.
(2) The Committee referred in sub-clause (1) shall consist of three persons none of whom shall be an employee of the University or a member of the Court, Executive Council, Academic Council, Board or Finance Committee or connected with Approved Institutions or College or Institution recognised by or associated with the University. Out of three persons one shall nominated by the Visitor one by the Chairman, University Grants Commission and on by the Chancellor. The Visitor shall appoint one of the members of the Committee as the convener.
(3) The Vice-Chancellor shall be whole time salaried officer of the University.
(4) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his officer:
Provided that the Chancellor may direct with the approval of the Visitor that a Vice-Chancellor whose term of office has expired shall continue in office for such period not exceeding a total period of one year as may be specified in the direction.
(5) Notwithstanding anything contained in sub-clause (4) a person appointed as Vice-Chancellor shall, if he attains the age of 65 years during the term of his office or any extension thereof, retire from office.
(6) The emoluments and other terms and conditions of the service of the Vice-Chancellor shall be determined by the Chancellor with the approval of the Visitor.
(7) The Vice-Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Executive Council with the approval of the Chancellor from time to time.
(8) The Vice-Chancellor shall be entitled to leave on full pay for one eleventh of the period spent by him on active service:
Provided that where, and to the extent that, the leave applied for by the Vice-Chancellor in sufficient time before the date of expire of his term, is refused by the Chancellor in the interest of the University, also if he does not avail of the leave till the end of this term, he shall be entitled to draw cash equivalent to leave salary after relinquishment of his office in respect of earned leave at his credit subject to maximum of 180 days
(9) The Vice-Chancellor shall also be entitled on medical ground or otherwise to leave without pay for a period not exceeding three months during the term of his office provided that such leave may be converted into leave on full pay to the extent to which he is entitled to leave under sub-clause (8).
(10) If the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise or he is unable to perform his duties owing to absence, illness or any other cause, the Pro-Vice-Chancellor , if any, shall perform the duties of the Vice-Chancellor until a new Vice-Chancellor assumes officer or until the existing Vice-Chancellor attends the duties of his office, as the case may be:
Provided that if a Pro-Vice-Chancellor is not available, the senior most Professor shall perform the duties of the Vice-Chancellor, of a doubt arises in regard to the identity of the senior most Professor, the same shall be referred to the chancellor whose decision shall be final.
Powers and duties of the Vice-Chancellor
2. (1) The Vice-Chancellor shall be ex-officio Chairman of the Court, the Executive Council, the Academic Council, the Planning Board and the Finance Committee and shall in the absence of the Chancellor preside at the Convocations of the University held for conferring degrees. The Vie-Chancellor shall be entitled to be present at, and to address, any meeting of any authority or other body of the University, but shall not be entitled to vote thereat unless he is a member of such authority or body.
(2) It shall be the duty of the Vice-Chancellor to see that this Act, these Statutes, the Ordinances and regulations are duly observed and he shall have all powers necessary to ensure such observance.
(3) The Vice-Chancellor shall exercise general control over the affairs of the University and shall give effect to the decision of the authorities of the University.
(4) All powers relating to the proper maintenance and discipline in the University shall stand vested in the Vice-Chancellor.
(5) The Vice-Chancellor shall be empowered to grant leave to any officer of the University other than the Chancellor and the Vice-Chancellor in accordance with such rules as may be prescribed and to make necessary arrangements for discharge of the functions of such officers during such absence.
(6) The Vice-Chancellor shall grant leave of absence to any employee of the University in accordance with the rules framed and he may if he so desires delegate this power in relation to non-teaching staff to another officer of the University.
(7) The Vice-Chancellor shall have the power to convene or cause to be convened the meetings of the Court, the Executive Council, the Academic Council, the Planning Board and the Finance Committee.
Pro-Vice-Chancellor
3. (1) The Pro-Vice-Chancellor shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor:
Provided that where the re-commendation of the Vice-Chancellor is not accepted by the Executive Council, the matter shall be referred to the Chancellor who may either appoint the person recommended by the Vice-Chancellor or ask the Vice-Chancellor to recommend another person to Executive Council:
Provided further that the Executive Council may on the recommendation of the Vice-Chancellor, appoint a Professor to discharge the duties of a Pro-Vice Chancellor in addition to his own duties as a Professor.
(2) The term of office of a Pro-Vice-Chancellor shall be such as may be decided by the Executive Council but it shall not in any case exceed five years or until the expiration of the term of office of Vice-Chancellor whichever is earlier, and he shall be eligible for reappointment. Provided that a Pro-Vice-Chancellor shall retire on attaining the age of 65 years. Provided further that the Pro-Vice-Chancellor shall while discharging of duties of the Vice-Chancellor under sub-clause (10) of clause 1 continue in office as Pro-Vice-Chancellor, until a new Vice-Chancellor, s the case may be, assume office:-
Provided also that when the office of the Vice-Chancellor becomes vacant and there is no Pro-Vice-Chancellor to perform the function of the Vice-Chancellor, the Executive Council may with the prior approval of the Chancellor appoint a Pro-Vice-Chancellor and the Pro-Vice-Chancellor so appointed shall cease to hold office as such as soon as a Vice-Chancellor is appointed and enters upon his office.
(3) The emoluments and other terms and conditions of service of a Pro-Vice- Chancellor shall be such as may be approved by the Chancellor.
(4) A Pro-Vice-Chancellor shall assist the Vice-Chancellor in respect of such matters as may be specified by the Vice-Chancellor in this behalf from time to time, and shall also exercise such powers and perform such duties as may be assigned or delegated to him by the Vice-Chancellor. Action taken by the Vice-Chancellor under this clause shall be reported to the Chancellor, as soon as a decision is taken.
Deans of Faculties
4. (1) There shall be a Dean for each faculty who shall be appointed by the Vice- Chancellor from among the professors in the faculty for a period of three years and shall be eligible for re-appointment:
Provided that a Dean on attaining the age of sixty years shall cease to hold office as such. Provided further that if at any time there is no professor in a faculty, the Vice-Chancellor or the Pro-Vice-Chancellor, if any, if authorised by the Vice-Chancellor on this behalf, shall exercise the powers of the dean of the faculty.
(2) When the office of the dean is vacant or when the Dean is, by reason of illness, absence or any other cause unable to perform the duties of his office, the duties of the office shall be performed by such persons as the Vice-Chancellor may appoint for the purpose.
(3) The Dean be the Head of the Faculty and shall be responsible for the coordination, conduct and maintenance of the standards of teaching and research in the faculty. The Dean shall have such other duties as may be required from time to time, by the Planning Board or the Vice-Chancellor.
(4) The Dean shall have the right to be present and to speak at any meeting of the ‘Board of Studies or committees of the Faculty, as the case may be, but shall not have the right to vote thereat unless he is a member thereof.
Registrar
5. (1) The Registrar shall be appointed by the Executive Council on the reconuendation of the Selection Committee constituted for the purpose and he shall be a whole time salaried officer of the University.
(2) The Registrar shall be appointed for a period of five years and shall be eligible for reappointment for one more term of five years. The emoluments and other terms and conditions of service of the Registrar shall be such as may be prescribed:
Provided that the Registrar shall retire on attaining the age of sixty years.
(3) When the office of the Registrar is vacant or when the registrar is by reason of illness, absence or any other cause unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.
(4) (a) The Registrar shall have power to take disciplinary action against such of the employees excluding teachers and academic staff as may be specified in the orders of the Executive Council and to suspend them pending inquiry, to administer warning to them or to impose on them the penalty of censure or the withholding of increment.
(b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified in sub-clause (a).
(c) In a case where the inquiry discloses that a punishment beyond the powers of the Registrar is called for, the Registrar shall, upon conclusion of the inquiry, make a report to the Vice-Chancellor, along with his recommendations:
Provided that an appeal shall lie to the Executive Council against the order of the Vice-Chancellor imposing any penalty.
(5) The Registrar shall be ex-officio Secretary of the Court, the Executive Council, the Academic Council, the Planning Board and the Faculties, but shall not be deemed to be a member of any of these authorities.
(6) It shall be duty of the Registrar,-
(a) to be the custodian of the records, the common seal and such other property of the University or the Executive Council shall commit of his charge;
(b) to issue all notices convening meetings of the Court, the Executive Council, the Academic Council, the Planning Board, the Faculties, the Boards of Studies and such other Committees which may be appointed by the authorities other than the Finance Committee of the University;
(c) to keep the minutes of all the meetings of the Court, the Executive Council, the Academic Council, the Faculties, and the Board of Studies and of any Committee appointed by the authorities other than the Finance Committee of the University;
(d) to conduct the official correspondence of the Court, the Executive Council, the Academic Council and the Planning Board;
(e) to supply to the Chancellor, copies of the agenda of the meetings of the authorities of the University as soon as they are issued and minutes of such meetings;
(f) to represent the University in suits or proceedings by or against the University; sign powers of attorney and verify pleadings or depute his representative for the purpose; and
(g) to perform such other duties as may be specified in these Statutes, or as may be required from time to time, by the Executive Council or the Vice-Chancellor.
Finance Officer
6. (1) The Finance Officer shall be appointed by the Executive Council on deputation from an organized Accounts Service for a period not exceeding five years and shall be a whole time salaries officer of the University.
(2) The emoluments and other terms and conditions of service of the Finance Officer shall be such as may be prescribed:
Provided that a Finance Officer shall retire on attaining the age of sixty years.
(3) When the office of the Finance Officer is vacant or when the Finance Officer is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such persons as the Vice-Chancellor may appoint for the purpose.
(4) The Finance Officer shall be ex-officio Secretary of the Finance Committee or committees constituted by it, but shall not be deemed to be a member of the Finance Committee.
(5) The Finance Officer shall-
(a) exercise general supervision over the funds of the University and shall advise it as regards its financial policy; and
(b) perform such other financial functions as may be assigned to him by the Executive Council or as may be prescribed by these Statutes:
Provided that the Finance Officer shall not authorise any expenditure or make any investment exceeding ten thousand rupees without the previous approval of the Executive Council.
(6) Subject to the control of the Executive Council through the Vice-Chancellor, the Finance Officer shall-
(a) hold and manage the property and investments of the University including trust and endowed property;
(b) ensure that the limits fixed by the Finance Committee for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted;
(c) be responsible for the preparation of annual accounts and the budget of the University and for their representation to the Executive Council after they have been considered by the Finance Committee;
(d) keep a constant watch on the state of the cash and bank balances and on the state of investments;
(e) watch the progress of the collection of revenue and advise on the methods of collection employed;
(f) ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date and that stock-checking is conducted, of equipment and other consumable materials in all offices, departments, special centres, specialized laboratories, Colleges and Institutions maintained by the University;
(g) bring to the notice of the Vice-Chancellor any unauthorized expenditure or other financial irregularities and suggest appropriate action being taken against persons at fault; and
(h) call for from any office, department, laboratory College or Institutions maintained by the University, any information or returns that may be considered necessary for the performance of his duties.
(7) The receipt of the Finance Officer or of the person or persons duly authorised in this behalf by the Executive Council for any money payable to the University shall be sufficient discharge for payment of such money.
Head of Department
7. (1) Each Department of the University shall be placed in charge of a Head, who shall be appointed by the Vice-Chancellor from amongst the Professors. If there is no Professor in a department he shall be appointed from amongst the Readers;
Provided that if there is no Professor or Reader, in a department, the Dean of the Faculty concerned shall act as Head of the department:
Provided also that where in the opinion of the Vice-Chancellor, the situation so demands, the Vice-Chancellor may himself take temporary charge of a Department or place it under the charge of the Dean of the Faculty concerned or a Professor from other Department for a period not exceeding six months.
(2) It shall be open to a Professor or Reader to decline the offer of an appointment as the Head of the Department.
(3) A person appointed as the Head of the Department shall hold office as such for a period of three years and shall be eligible for re-appointment.
(4) A Head of a Department may resign his office at any time during the tenure of office.
(5) A Head of a Department shall perform such functions as may be prescribed.
Meetings of the Court
8. (1) An Annual meeting of the Court, shall be held on a date to be fixed by the Executive Council unless some other date has been fixed by the Court in respect of any year.
(2) At an annual meeting of the Court, a report on the working of the University during the previous year, together with a statement of the receipts, expenditure, the balance sheet, as audited and the financial estimates for the next year shall be presented.
(3) A copy of the statement of receipts and expenditure, the balance sheet and the financial estimates referred to in sub-clause (2) shall be sent to every member of the Court at least seven days before the date of the annual meeting.
(4) Seven members of the Court shall form a quorum of a meeting of the Court.
Powers and Functions of the Executive Council.
9. (1) The Executive Council shall have the 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 and these Statutes, 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 condition of service of Professors, Readers, Lecturers and other academic staff and Principals of Colleges and Institutions maintained by the University:
Provided that the qualifications to be prescribed for teachers and academic staff shall be such as laid down by the University Grants Commission or where necessary prescribed with the approval of the University Grants Commission;
(ii) to appoint such Professors, Readers, Lecturers and other academic staff as may be necessary and the Principals of Colleges and Institutions maintained by the University on recommendations of the Selection Committee constituted for the purpose and to fill up to temporary vacancies therein;
(iii) to create administrative, ministerial and other necessary posts after taking into account the recommendations of the Finance Committee and to make appointments thereto in the manner prescribed;
(iv) to regulate and enforce discipline among employees in accordance with these Statutes;
(v) to manage, and regulate the finances, accounts, investments, property, business and all other administrative offices of the University and for that purpose, to appoint such agents as it may think fit;
(vi) to invest any money belonging to the University including any unapplied income in such stocks, funds, shares or securities as it shall, from time to time think fir or in the purchase of immovable property in India, with the like power of varying such investments from time to time provided that no action under this sub-section will be taken without consulting the Finance Committee;
(vii) to transfer or accept transfers of any movable or immovable property on behalf of the University;
(viii) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University;
(ix) to entertain, adjudicate upon, and if think fit to redress any grievances of the employees and students of the University, who may, for any reason feel aggrieved;
(x) to fix the remuneration payable to examiners, moderators and invigilators and traveling and other allowances payable, after consulting the Academic Council and the Finance Committee;
(xi) to select a common seal for the University and provide for the custody and use of such seal;
(xii) to make such special arrangements as may be necessary for the residence and discipline of women students;
(xiii) to delegate through the Statutes, any of its powers to the Vice-Chancellor, the Pro-Vice-Chancellor, the Registrar or the Finance Officer or such other employee or authority of the University or to a committee appointed as it may deem fit;
(xiv)to institute fellowships, scholarship, studentship, medals and prizes; and
(xv) to exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act or these Statutes.
Quorum for meeting of the Executive Council.
10. Six members of the Executive Council shall form a quorum for a meeting of the Executive Council.
Powers of the Academic Council.
11. Subject to this Act, these Statutes and the ordinances, the Academic Council shall, in addition to all other powers vested with, have the following powers, namely:-
(a) to exercise general supervision over the academic policies of the University and to give directions regarding methods of instruction, evaluation of research or improvements in academic standards;
(b) to bring about inter-department, inter-faculty, co-ordination, to establish or appoint committees or Boards for taking up projects on an inter-department or inter-faculty basis;
(c) to consider matters of general academic interest either on its own initiative or on a reference from Planning Board or a Faculty or the Executive Council and to take appropriate action thereon; and
(d) to frame such regulations and rules consistent with these Statutes and the Ordinances regarding the academic functioning of the University, discipline, residences, admissions, award or fellowships and studentships, fee concessions, corporate life and attendance.
Powers and Functions of the Planning Board.
12. (1) All members of the Planning Board, other than the Vice-Chancellor, shall hold office for a term of three years.
(2) The Planning Board shall, in addition to all other powers vested on it by this Act, have the right to advise the Executive Council and the Academic Council on, any matter which it may deem necessary for the fulfillment of the objects of the University.
(3) The Planning Board may constitute Committee or Committees for the Planning or monitoring of the programmes of the University.
(4) The Planning Board shall meet at such intervals as it may deem expedient, but it shall meet at least thrice a year.
Powers and Functions of Finance Committee
13. (1) All the members of the Finance Committee, other than ex-officio members, shall hold office for a term of three years.
(2) A member of the Finance Committee shall have the right to record a minute of dissent if he does not agree with any decision of the Finance Committee.
(3) The Finance Committee shall meet at least thrice every year to examine the accounts and to scrutinize proposal for expenditure.
(4) All proposals relating to creation of posts, revision and up gradation of scales of pay, and those items which have not been included in the budget would be examined by the Finance Committee before they are considered by the Executive Council.
(5) The annual accounts and the financial estimates of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Executive Council for approval, within the overall ceiling fixed by the Finance Committee.
(6) The Finance Committee shall fix limits for the total recurring expenditure for the year based on the income and resources of the University (which in the case of productive works, may include the proceeds of loans).
Quorum for the meeting of the Finance Committee
14. Four members of the Finance Committee shall form a quorum for a meeting of the Finance Committee.
Selection Committees
15. (1) There shall be Selection Committees for making recommendations to the Executive Council for appointment to the posts of Professors, Readers, Lecturers, Librarian and Principals of Colleges and Institutions maintained by the University.
(2) The Selection Committee for appointment to the posts specified in column 1 of the table below shall consist of the Vice-Chancellor, the Pro-Vice-Chancellor, if any, a nominee of the Chancellor, and the persons specified in the corresponding entry in column 2 of the said table.
Three persons not in the service of the University nominated by the Vice-Chancellor, out of a penal of names recommended by the Planning Board for their special knowledge of or interest in the subject with which the Professor or Reader, as the case may be will be concerned.
(i) The Head of the Department; and
(ii) two persons not in the service of the University nominated by the Vice-Chancellor out of a penal of names recommended by the Planning Board for their special knowledge of or interest in the subject with which the Lecturer will be concerned.
(i) Two persons not in the service of the University, who have special knowledge of the subject of Library Science or Library Administration, to be nominated by the Executive Council; and
(ii) one person, not in the service of the University, nominated by the Planning Board.
Three persons not in the service of the University of whom two shall be nominated by the Executive Council and one by the Planning Board for their special knowledge of or interest in a subject in which instruction is being provided by the College or Institution.
(3) The Vice-Chancellor, or in his absence the Pro-Vice-Chancellor, if any, shall preside at the meetings of a Selection Committee provided that the meetings of the Selection Committee shall be fixed, only after prior consultation with, and subject to the concurrence of the Chancellor’s nominee and the persons nominated under sub-clause (2) above:
Provided further that the proceedings of the Selection Committee shall not be valid unless;
(a) where the number of Chancellor’s nominee and the expert member is four in all, at least three of them attend the meeting; and
(b) where the number of Chancellor’s nominees and expert members is three in all, at least two of them attend the meeting.
(4) The procedure to be followed by a Selection Committee in making recommendation shall be prescribed.
(5) If the Executive Council is unable to accept the recommendation made by a Selection Committee, it shall record its reasons and submit the case to the Chancellor for final orders.
(6) No temporary appointment shall be made to the post of a Professor or a Reader.
The appointment to the temporary posts of Lecturers could be made in the manner indicated below:
(i) if the temporary vacancy is for a duration longer than one academic session, it shall be filled on the advice of the Selection Committee in accordance with the procedures indicated in the foregoing clause;
Provided that if the Vice-Chancellor is satisfied that in the interest of the work, it is necessary to fill the vacancy , the appointment may be made on a purely temporary basis by a local Selection Committee referred in sub-clause (ii) for a period not exceeding six months;
(ii) if the temporary vacancy is for a prior less than a year, an appointment to such vacancy shall be made on the recommendation of a local Selection Committee consisting of the Dean of the Faculty concerned, the Head of the Department, and a nominee of the Vice-Chancellor;
Provided that if the same person holds the office of the dean and the Head of the Department, the Selection Committee may contain two nominees of the Vice-Chancellor;
(iii) a teacher appointed temporarily, shall not, if he is not recommended by a regular Selection Committee, for appointment under these Statutes, be again appointed as a temporary Lecturer.
(7) The Selection Committee for the post of Registrar and the Finance Officer shall consist of Vice-Chancellor, a nominee of the Visitor and a nominee of the Chancellor.
Special Mode of appointment
16. (1) Notwithstanding anything contained in Statutes-15, the Executive Council may invite a person of high academic distinction and professional attainments to accept a post of Professor in the University on such terms and conditions as it may deem fit, and on the person agreeing to do so, appoint him to that post.
(2) The Selection Committee for the post of teacher or any other academic staff working in any other University or organisation for teaching or for undertaking a Joint project on such terms and conditions as may be determined by the Executive Council in accordance with the manner prescribed.
(3) The Statutes shall be operative for ten years only from the establishment of the University.
Appointment for a fixed tenure.
17. The Executive Council may appoint a person selected in accordance with the procedure laid down in Statute 15 for a fixed tenure on such terms and conditions as it deems fit.
Recognised Teacher.
18. (1) The qualification of recognised teachers shall be such as may be prescribed by the University Grants commission.
(2) The manner of recognizing teachers, the period of recognition and withdrawal of recognition shall be prescribed.
Approved Teacher
19. (1) The qualifications of approved teachers shall be such as may be prescribed with the approval of the University Grants Commission.
(2) The manner of recognizing as approved teachers the period of recognition and withdrawal of recognition shall be prescribed.
Committees.
20. Any authority of the University may appoint as many standing or Special Committees as it may deem fit, and may appoint to such Committees persons who are not members of such authority. Any such Committee may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing it.
Terms and conditions of service of University Teachers
21. (1) All the teachers of the University shall be, in the absence of any agreement to the contrary, governed by the terms and conditions of service as specified in these Statutes.
(2) Every teacher of the University shall be appointed on a written contract, the form of which shall be prescribed. A copy of the contract shall be deposited with the Registrar.
Removal of Teachers
22. (1) Where there is an allegation of misconduct against a teacher, or a member of the academic staff, the Vice-Chancellor may, if the thinks fit, by order in writing, place the teacher under suspension and shall forthwith report to the Executive Council the circumstances in which the order was made:
Provided that the Executive Council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or a member of academic staff, revoke such order.
(2) Notwithstanding anything contained in the terms of his contract of service or of his appointment, the Executive Council shall be entitled to remove a teacher or a member of the academic staff on the ground of misconduct.
(3) Save as aforesaid, the Executive Council shall not be entitled to remove a teacher or a member of the academic staff except for good cause and after giving three months’ notice in writing or on payment of three months’ salary in lieu of notice.
(4) No teacher or a member of the academic staff shall be removed under sub-clause (2) or under sub-clause (3) until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(5) The removal of a teacher or a member of the academic staff shall require a two-thirds majority of the members of the Executive Council present and voting.
(6) The removal of a teacher or a member of the academic staff shall take effect from the date on which the order of removal is made;
Provided that were a teacher or a member of the academic staff is under suspension at the time of his removal, the removal shall take effect from the date on which he was placed under suspension.
(7) Notwithstanding anything contained in these Statutes, a teacher or a member of the academic staff may resign by giving three months’ notice in writing to the Executive Council or on payment to the University of three months’ salary in lieu thereof.
Removal of employees other than teachers of the University
23. (1) Notwithstanding anything contained in the term of his contract of service of his appointment, an employee, other than a teacher or a member of the academic staff, may be removed by the authority who is competent to appoint the employee-
(a) if he is of unsound mind or is a deaf-mute or suffers from contagious leprosy;
(b) if he is an undercharged insolvent;
(c) if he has been convicted by a Court of law of any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months;
(d) if he is otherwise guilty of misconduct:
Provided that no employee shall be removed from his office unless a resolution to that effect is passed by the Executive Council by a majority of two-thirds of its members present and voting.
(2) No employee shall be removed under sub-clause (1) until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(3) Where the removal of such employee is for a reason other than that specified in sub-clause ©-or sub-clause (d) of sub-clause (1) he shall be given three months’ notice in writing or paid three months’ salary in lieu of such notice.
(4) Notwithstanding anything contained in these Statutes an employee, not being a teacher or a member of the academic staff, shall be entitled to resign-
(i) if he is a permanent employee, only after giving three months’ notice in writing to the appointing authority or paying to the University three months’ salary in lieu thereof;
(ii) if he is not a permanent employee, only after giving one month’s notice in writing to the appointing authority or paying to the University one month’s salary in lieu thereof:
Provided that such resignation shall take effect from the date on which resignation is accepted by the appointing authority.
Maintenance of discipline among students of the University
24. (1) All powers relating to discipline and disciplinary action in relation to students of the University shall vest in the Vice-Chancellor.
(2) The Vice-Chancellor may delegate all or any of his powers as he deems proper to such other offices as he may specify in this behalf.
(3) Without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of discipline, the Vice-Chancellor may, in the exercise of his powers, by order, direct that any student or students be expelled, or rusticated, for a specified period, or be not admitted to a course or courses of study in a College, Institution, or an Approved Institution, Department of the University, for a stated period, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the University, College, Institution, a Department or an Approved Institution for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be cancelled.
(4) The Principals of Colleges, Institutions, Head of Special Centres, Approved Institutions, Deans of Faculties and Heads of teaching Department in the University shall have the authority to exercise all such disciplinary powers over the students in their respective Colleges, Institutions, Approved Institutions, Special Centres, Faculties and teaching departments in the University as may be necessary for the proper conduct of such Colleges, Institutions, Approved Institutions, Special Centres, Faculties and teaching in the Departments.
(5) Without prejudice to the powers of the Vice-Chancellor, the Principals and other persons specified in sub-clause (4), detailed rules of discipline and proper conduct shall be made by the University. The Principals of Colleges, Institutions, Heads of Special Centres, and Approved Institutions, Deans of Faculties and Heads of teaching departments in the University may also make the supplementary rules as they deem necessary for the aforesaid purposes. Every student shall be supplied with a copy of the rules made by the University and a copy of the supplementary rules shall be supplied to the students concerned.
(6) At the time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and other authorities of the University.
Acting Chairman of Meetings
25. Where no provision is made for a President or Chairman to preside over a meeting of any Committee of such authority or when the President or Chairman so provided for his absent, the members present shall elect one from among themselves to preside at such meeting.
Resignation
26. Any member, other than an ex-officio member of the Court, the Executive Council, the Academic Council or any other authority of the University or any Committee of such authority may resign by letter addressed to the Registrar end the resignation shall take effect as soon as such letter is received by the Registrar.
Disqualifications.
27. (1) A person shall be disqualified for being chosen as, and for being a member of any of the authorities of the University-
(a) if he is of unsound mind or is a deaf-mute or suffers from contagious leprosy;
(b) if he is an undercharged insolvent;
(c) if he has been convicted by a Court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months.
(2) If any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in sub-clause (1), the question shall be referred for the decision of the Chancellor and his decision shall be final and no suit or other proceedings shall lie in any Civil Court against such decision.
Residence condition for membership and office
28. Notwithstanding anything contained in these Statues, no person who is not ordinarily resident in India shall be eligible to be an officer of the University or a member of any authority of the University.
Membership of authorities by virtue of membership of other bodies.
29. Notwithstanding anything contained in these Statutes, a person who holds any post in the University or is a member of any authority or body of the University in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be.
Delegation of powers
30. Subject to the provision of this Act and these Statutes, any officer or authority of the University may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers.
NOTE
(1) Published in the Arunachal Pradesh Gazette, Extraordinary, No. 311, Vol. 11. dated March 29, 1984.
(2) Under notification No. ED/HE-1/85 dated 26-3-85 the Government appointed the 1st April, 1985 as the day of coming into force of the above Act Published in the Arunachal Pradesh Gazette Extraordinary. No. 11, Vol. III, dated March 29, 1985.
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