13. Registrar.
13. Registrar.—(1) The Registrar shall be appointed in such manner, and on such terms and conditions of service, as may be prescribed by the Statutes.
(2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University, and shall exercise such other powers and perform such other duties, as may be prescribed by the Statutes.
| Other Contents of Central Sanskrit Universities Act, 2020 |
|---|
| Sections 1 to 12 |
| Sections 13 to 47 |
| Schedules (with Statues of University) |
14. Director of Campus.
14. Director of Campus.—Every Director of the Campus shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
15. Finance Officer.
15. 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.
16. Controller of Examinations.
16. Controller of Examinations.—The Controller of Examinations shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
17. Librarian.
17. Librarian.—The Librarian shall be appointed in such manner and on such terms and conditions of service and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
18. Other officers.
18. Other officers.—The manner of appointment and powers and duties of other officers of the University shall be as prescribed by the Statutes.
19. Authorities of University.
19. Authorities of University.—The following shall be the authorities of the University, namely:—
(i) the Court;
(ii) the Executive Council;
(iii) the Academic Council;
(iv) the Board of Studies;
(v) the Finance Committee;
(vi) the Planning and Monitoring Board; and
(vii) such other authorities as may be declared by the Statutes to be authorities of the University.
20. The Court.
20. The Court.—(1) The Constitution of the Court and the term of office of its members shall be as prescribed by the Statutes:
Provided that such number of members, as may be prescribed by the Statutes, shall be elected from among the teachers, employees and students of the University.
(2) Subject to the provisions of this Act, the Court shall have the following powers and functions, namely:—
(a) to review, from time to time, the broad policies and programmes of the University, and to suggest measures for the improvement and development of the University;
(b) to consider and pass resolutions on the annual report and the annual accounts of the University and the audit report on such accounts;
(c) to advise the Visitor in respect of any matter which may be referred to it for advice; and
(d) to perform such other functions as may be prescribed by the Statutes.
21. Executive Council.
21. Executive Council.—(1) The Executive Council shall be the principal executive body of the University.
(2) The constitution of the Executive Council, the term of office of its members and its powers and functions shall be as prescribed by the Statutes.
22. Academic Council.
22. 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 of the University.
(2) The constitution of the Academic Council, the term of office of its members and its powers and functions shall be as prescribed by the Statutes.
23. Board of Studies.
23. Board of Studies.—The constitution, powers and functions of the Board of Studies shall be as prescribed by the Statutes.
24. Finance Committee.
24. Finance Committee.—The constitutions, powers and functions of the Finance Committee shall be as prescribed by the Statutes.
25. Planning and Monitoring Board.
25. Planning and Monitoring Board.—The constitution, powers and functions of the Planning and Monitoring Board shall be as prescribed by the Statutes.
26. Other authorities of University.
26. Other authorities of University.—The constitution, powers and functions of other authorities, as may be declared by the Statutes to be the authorities of the University, shall be as prescribed by the Statutes.
27. Power to make Statutes.
27. Power to make Statutes.—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 appointment and continuance in office of the members of the said authorities and bodies, the filling of vacancies of members and all other matters relating 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, academic staff and other employees of the University, their emoluments and conditions of service;
(e) the appointment of teachers and academic staff working in any other University or organisation or institution for a specific period for undertaking a joint project;
(f) the conditions of service of employees including provisions for pension, insurance, provident fund, the manner of termination of service and disciplinary actions;
(g) the principles governing seniority of service of the employees of the University;
(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 conferment of autonomous status on a College or an Institution or a Department or a School or a Centre;
(k) the establishment or abolition of Campuses, Colleges, Institutions, Schools, Centres or Halls;
(l) the conferment of honorary degrees;
(m) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(n) the management of Colleges and Institutions established by the University;
(o) the delegation of powers vested in the authorities or officers of the University;
(p) the maintenance of discipline among the employees and students; and
(q) all other matters which by this Act are to be, or may be, provided for by the Statutes.
28. Statutes, how to be made.
28. Statutes, how to be made.—(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):
Provided that the Executive Council shall not make, amend or repeal any Statutes 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.
(3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the assent of the Visitor who may assent thereto or withhold assent or remit to the Executive Council for reconsideration.
(4) A new Statute or a Statute amending or repealing existing Statutes shall have no validity unless it has been assented to by the Visitor.
(5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may make new or additional Statutes or amend or repeal the Statutes referred to in sub-section (1) during the period of three years immediately after the commencement of this Act:
Provided that the Visitor may, on the expiry of the said period of three years, make within one year from the date of such expiry, such detailed Statutes as he may consider necessary and such detailed Statutes shall be laid before both Houses of Parliament.
(6) Notwithstanding anything contained in this section, the Visitor may direct the University 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 sixty days of its receipt, the Visitor 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.
29. Power to make Ordinances.
29. Power to make Ordinances.—(1) 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 certificates of the University;
(c) the medium of instruction and examination;
(d) the award of degrees (including Honorary 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 examinations, degrees, diplomas and certificates of the University;
(f) the conditions for the award of fellowships, scholarships, studentships, 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, classrooms, laboratories, libraries, auditoriums, playgrounds and other amenities of the University;
(i) the special arrangements, if any, which may be made for the residence and teaching of women students and the prescribing of special courses of studies for them;
(j) the establishment of Centres of Studies, Boards of Studies, Inter-disciplinary Studies, Special Centres, Specialised Laboratories and other Committees;
(k) the manner of co-operation and collaboration with other Universities, institutions, and other agencies including learned bodies or associations;
(l) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;
(m) the institution of fellowships, scholarships, studentships, medals and prizes;
(n) the setting up of machinery for redressal of grievances of employees and students;
(o) all other matters which by this Act, or the Statutes, are to be, or may be, provided for by the Ordinances.
(2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Executive Council and the Ordinances so made may also be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes.
30. Regulations.
30. Regulations.—The authorities 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, if any, appointed by them and not provided for by this Act, the Statutes or the Ordinances, in the manner prescribed by the Statutes.
31. Annual report.
31. Annual report.—(1) The annual report of the University shall be prepared 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 and shall be submitted to the Court on or before 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, along with its comments, if any, to the Visitor.
(3) A copy of the annual report, as prepared under sub-section (1), shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both the Houses of Parliament.
32. Annual accounts.
32. Annual accounts.—(1) The annual accounts and balance-sheet of the University shall be prepared under the direction 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 or by such persons as he may authorise in this behalf.
(2) A copy of the annual accounts, together with the audit report thereon, shall be submitted to the Court and the Visitor along with the observations of the Executive Council.
(3) Any observations made by the Visitor 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 Visitor.
(4) A copy of the annual accounts, together with the audit report as submitted to the Visitor, shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both the Houses of Parliament.
(5) The audited annual accounts after having been laid before both the Houses of Parliament shall be published in the Gazette of India.
33. Returns and information.
33. Returns and information.—The University shall furnish to the Central Government such returns or other information with respect to its property or activities as the Central Government may, from time to time, require, within such period as may be specified by the Central Government.
34. Conditions of service of employees, etc.
34. Conditions of service of employees, etc.—(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 Visitor.
(3) The decision of the Tribunal shall be final and no suit shall lie in any civil court in respect of the matters decided by the Tribunal:
Provided that nothing in this sub-section shall preclude the employee from availing of the judicial remedies available under articles 32 and 226 of the Constitution.
(4) Every request made by the employee under sub-section (2) shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration and Conciliation Act, 1996 (26 of 1996).
(5) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes.
35. Procedure of appeal and arbitration in disciplinary cases against students.
35. 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), (4) and (5) of Section 34 shall, as far as may be, apply to a reference made under this sub-section.
36. Right to appeal.
36. 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 Statutes, to the Executive Council against the decision of any officer or authority of the University, or, the Principal or the management of any College or an Institution, as the case may be, and thereupon the Executive Council may confirm, modify or reverse the decision appealed against.
37. Provident and pension funds.
37. Provident and pension funds.—(1) The University shall constitute for the benefits of its employees such provident or pension fund or provide such insurance schemes and other welfare and social security measures, as it may deem fit, in such manner and subject to such conditions as may be prescribed by the Statutes.
(2) Where such provident fund or pension fund has been so constituted, the Central Government may declare that the provision of the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund as if it were a Government provident fund.
38. Disputes as to constitution of authorities and bodies.
38. Disputes as to constitution of authorities and bodies.—If any question arises as to whether any person has been duly elected or nominated or appointed, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Visitor whose decision thereupon shall be final.
39. Filling of casual vacancies.
39. 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 elects, nominates, appoints or co-opts the member whose place has become vacant and the person appointed, elected, nominated 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 member.
40. Proceedings of authorities or bodies not invalidated by vacancies.
40. Proceedings of 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 or vacancies among its members.
41. Protection of action taken in good faith.
41. Protection of action taken in good faith.—No suit or other legal proceedings shall lie against any officer or any other employee of the University for anything which is in good faith, done or intended to be done, in pursuance of any of the provisions of this Act, the Statutes or the Ordinances.
42. Mode of proof of University record.
42. Mode of proof of University record.—Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or in any other law for the time being in force, a copy of any receipt, application, notice, order, proceeding or resolution of any authority or other body of the University, or any other document 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, proceeding, resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence.
43. Power to remove difficulties.
43. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the Central 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 the difficulty:
Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.
(2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.
44. Statutes, Ordinances and Regulations to be published in Official Gazette and to be laid before Parliament.
44. Statutes, Ordinances and Regulations to be published in Official Gazette and to be laid before Parliament.—(1) Every Statute, Ordinances or Regulation made under this Act shall be published in the Official Gazette.
(2) Every Statute, Ordinances or Regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute, Ordinances or Regulation or both Houses agree that the Statute, Ordinances or Regulation should not be made, the Statute, Ordinances or Regulation shall thereafter have effect only in such modified form, or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Statute, Ordinances or Regulation.
(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 Act, 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 prejudicially affect the interests of any person to whom such Statutes, Ordinances or Regulations may be applicable.
45. Transitional provisions.
45. Transitional provisions.—(1) Notwithstanding anything contained in this Act and the Statutes,—
(a) the Chancellor, Vice-Chancellor and other officers of each of the deemed to be Universities holding office immediately before the commencement of this Act, shall, on and from such commencement, continue to hold their respective offices by the same tenure and upon the same terms and conditions as they held it immediately before such commencement for the remaining period of their term;
(b) the members of the Executive Council, the Academic Council, the Finance Committee, the Planning and Monitoring Board and Faculties of each of the deemed to be Universities appointed as such prior to the commencement of this Act shall, on and from such commencement, be deemed to have been appointed in the same capacity under this Act for the remaining period of their term and shall continue to exercise all the powers and perform all the functions of such authority under this Act;
(c) the first Court shall consist of not more than thirty-one members who shall be nominated by the Central Government and shall hold office for a term of three years:
Provided that if any vacancy occurs in the offices or authorities referred to in clauses (a) and (b), the same shall be filled by appointment by the Visitor or nomination by the Central Government, as the case may be, 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 office, if such vacancy had not occurred:
Provided further that any ex officio member appointed to any of the authorities referred to in clauses (a) and (b) prior to the commencement of this Act shall, if such appointment is not in conformity with the provisions of this Act, cease to be a member of such authority.
(2) All other officers and employees of the deemed to be Universities holding office immediately before the commencement of this Act, shall, on and from such commencement, continue to hold their respective offices by the same tenure and upon the same terms and conditions as they held immediately before such commencement of this Act.
(3) All students admitted in any programme or course in a deemed to be University immediately before the commencement of this Act, shall be deemed to have been migrated under same programme or course to corresponding University under the same terms and conditions as they held immediately before such commencement.
(4) Anything done or any action taken or any degree or other academic distinction conferred by a deemed to be University before the commencement of this Act shall, notwithstanding any change made by this Act in the constitution of the Court, the Executive Council, the Academic Council, the Finance Committee, the Planning and Monitoring Board, Faculties and other officers be valid, as if such thing was done, action taken, or degree or academic distinction conferred under this Act.
(5) The Regulations, Bye-laws or Orders, if any, made prior to the commencement of this Act, shall, in so far as they pertain to matters mentioned in Section 30, continue to be applicable till the Regulations, Bye-laws or Orders are made under this Act.
(6) The Central Government may, without prejudice to the provisions of this Act, and if it considers it necessary and expedient so to do, by notification, take such measures, as may be necessary, for the smooth transfer of the deemed to be University to the corresponding University.
46. Councils, Boards, Standing Committees and Cells of University.
46. Councils, Boards, Standing Committees and Cells of University.—The University may constitute such Councils, Boards, Standing Committees and Cells, in furtherance of its functions, as it may deem necessary.
47. Constitution of Committees.
47. Constitution of Committees.—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.
[disclaimer]
