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State of Rajasthan - Act

The Rajasthan Self-Financed Private Universities Ordinance, 2004

RAJASTHAN
India

The Rajasthan Self-Financed Private Universities Ordinance, 2004

Act 7 of 2004

Published on 20 September 2004
Commenced on 20 September 2004
[This is the version of this document from 20 September 2004.]
[Note: The original publication document is not available and this content could not be verified.]

The Rajasthan Self-Financed Private Universities Ordinance, 2004Ordinance No. 7 of 2004Notification No. F. 4(10) Vidhi-2/2004, dated 20-9-2004, published in Rajasthan RajPatra, Part 4 (B), dated 20-9-2004, page 19(31).[Made and promulgated by the Governor on the 18th day of September, 2004]An Ordinance to provide for establishment and incorporation of self-financed private universities in the State for imparting higher education and to regulate their functions and for matters connected therewith or incidental thereto.Whereas, the Rajasthan State Legislative Assembly is not in session and the Governor of the State of Rajasthan is satisfied that the circumstances exist which render it necessary for him to take immediate action.Now, therefore, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor hereby promulgates in the Fifty-fifth Year of the Republic of India, the following Ordinance, namely:-

1. Short title, extent and commencement.

(1)This Ordinance may be called the Rajasthan Self-Financed Private Universities Ordinance, 2004.

(2)It extends to whole of the State of Rajasthan.

(3)It shall come into force at once.

2. Definitions.

- In this Ordinance, unless the context otherwise requires,-

(a)"AICTE" means All India Council of Technical Education established under All India Council of Technical Education Act, 1987 (Central Act No. 52 of 1987);

(b)"CSIR" means the Council of Scientific and Industrial Research, New Delhi-a funding agency of the Central Government;

(c)"College" means a college established, maintained or affiliated by the university;

(d)"DEC" means the Distance Education Council established under section 28 of Indira Gandhi National Open University Act, 1985 (Central Act No. 50 of 1985);

(e)"distance education" means education imparted by combination of any two or more means of communication, viz. broadcasting, telecasting, correspondence courses, seminars, contact programmes and any other such methodology;

(f)"Director" means a head of an institution of center of the university;

(g)"DST" means the Department of Science and Technology of the Central Government;

(h)"employee" means a person appointed by the university to work in the university, colleges, institutions or study centers and includes teachers, officers (other than the Visitor) and other employees of the university;

(i)"fee" means collection made by the university from the students by whatever name it may be called, which is not refundable;

(j)"Government" means the State Government of Rajasthan;

(k)"higher education" means study of a curriculum or course for the pursuit of knowledge beyond 10+2 level;

(l)"hostel" means a place of residence for the students of the university, or its colleges, institutions or centers, maintained or recognized to be as such by the university;

(m)"ICAR" means the Indian Council of Agriculture Research, a society registered under the Societies Registration Act, 1860 (Central Act No. 21 of 1860);

(n)"institution" means an institution of higher learning, research or specialized studies, established, maintained or recognized by the university;

(o)"MCI" means Medical Council of India, Delhi;

(p)"main campus" means the campus where the Headquarters of the University are situated;

(q)"NAAC" means the National Council of Assessment and Accreditation, Banglore, an autonomous institutions of the UGC;

(r)"NCTE" means the National Council of Teacher Education, Delhi;

(s)"Off-campus centre" means a centre of the university established by it outside the main campus operated and maintained as its constituent unit, having the university's complement of facilities, faculty and staff;

(t)"off shore campus" means a campus of the university established by it outside the country, operated and maintained as its constituent unit, having the university's complement of facilities faculty and staff;

(u)"PCI" means Pharmaceutical Council of India, Delhi;

(v)"prescribed" means prescribed by Rules made under this Ordinance;

(w)"Principal" means the Chief Executive Officer of a college or any person duly appointed to act as such;

(x)"Regulating Body" means a body established by the Central Government for laying down norms and conditions for ensuring academic standards of higher education, such as UGC, AICTE, NCTE, MCI, PCI, NAAC, ICAR, DEC, CSIR etc. and includes the State Government;

(y)"Rules" means the Rules made under this Ordinance;

(z)"sponsoring body" in relation to a University established under this Ordinance means-

(i)a Society registered under the Rajasthan Societies Registration Act, 1958 (Act No. 28 of 1958) or The Societies Registration Act, 1860 (Central Act No. 21 of 1860); or

(ii)any public Trust registered under the Rajasthan Public Trust Act, 1959 (Act No. 42 of 1959) or the Indian Trusts Act, 1882 (Central Act No. 2 of 1882) or under the relevant laws in any other State or Union Territory; or

(iii)a company registered under section 25 of the Companies Act, 1956 (Central Act No. 1 of 1956);

(za)"Statutes", "Ordinances" and "Regulations" means respectively, the Statutes, Ordinances and Regulations of the University made under this Ordinance;

(zb)"Student of the University" means a person enrolled in the University for taking a course of study for a degree, diploma or other academic distinction duly instituted by the university, including a research degree;

(zc)"study centre" means a centre established and maintained or recognized by the university for the purpose of advising, counseling or for rendering any other assistance required by the students in the context of distance education:

(zd)"teacher" means a Professor, Reader, Lecturer or any other person required to impart education or to guide research or to render guidance in any other form to the students for pursuing a course of study of the university;

(ze)"UGC" means the University Grants Commission, established under the University Grants Commission Act, 1956 (Central Act No. 3 of 1956);

(zf)"university" means a University established and incorporated under sub-section (1) of section 5.

3. The objects of the University.

- Following shall be the objects of the University:-

(1)to provide instructions, teaching and training in Higher Education and make provisions for research, advancement and dissemination of knowledge;

(2)to create higher levels of intellectual abilities;

(3)to establish state of the art facilities for education and training;

(4)to carry out teaching and research and offer continuing education programmes;

(5)to create centres of excellence for research and development and for sharing knowledge and its application;

(6)to provide consultancy to the industry and public organizations;

(7)to establish main campus in Rajasthan and to have study centres at different places in India and other countries;

(8)to establish examination centres;

(9)to institute degrees, diplomas, certificates and other academic distinctions on the basis of examination, or any such other method;

(10)to ensure that the standard of degrees, diplomas, certificates and other academic distinctions are not lower than those laid down by AICTE, NCTE, UGC, MCI, Pharmacy Council and such agency/agencies established by the Central Government for regulation of education;

(11)to open sub-campuses, off campuses, off shore campuses, new colleges, institutions or study centers or to affiliate any college or other institution with it, with the prior approval of the Government.

(12)to pursuance any other objective as may be approved by the State Government.

4. Submission of proposal for establishment of a University and its evaluation.

(1)An application containing the proposal and the project report to establish a university in private sector shall be made by the sponsoring body to the State Government, alongwith such fee as may be prescribed.

(2)The project report must contain the following particulars, namely:-

(a)the details of the sponsoring body alongwith the copies of its registration certificate, constitution and bye-laws;

(b)the information regarding financial resources of the sponsoring body alongwith audited accounts for the past five years;

(c)the name, location and headquarters of the proposed university;

(d)the objective of the university;

(e)the availability of land and details of buildings and infrastructure facilities, if already exist;

(f)availability of academic facilities including teaching and non-teaching staff, if any, at the disposal of sponsoring body;

(g)the details of plans for campus development such as construction of buildings, development of structural amenities and infrastructure facilities and procurement of equipment etc. to be undertaken before the university starts functioning and phased programme for first five years;

(h)the phased outlays of capital expenditure proposed for the next five years and its sources of finance;

(i)the nature and the type of programmes of study and research proposed to be undertaken by the university and their relevance to the development goals and employment needs of the State and phasing of such programmes over the first five years with coursewise enrollment targets;

(j)the experience and expertise in the concerned disciplines at the command of the sponsoring body;

(k)the nature of facilities, courses of study and research proposed to be started;

(l)the estimated recurring expenditures coursewise or activitywise, sources of finance and estimated expenditure per student;

(m)the scheme for mobilizing resources and the cost of capital thereto and the manner or repayment to such sources;

(n)the scheme for the generation of funds internally through the recovery of fee from students, revenues anticipated from consultancy services and other activities relating to the objects of the university, and other anticipated incomes;

(o)the proposed fee structure with reference to the details of expenditure on unit cost and the extent of concessions or rebates in fee or freeships and scholarships to the poor students from economically poor or socially backward families, including Scheduled Castes, Scheduled Tribes, Other Backward Classes and handicapped students;

(p)the system proposed to be followed for selecting students for admission to the courses of study at the university;

(q)the system proposed to be followed for appointment of teachers and other employees in the university;

(r)whether the university is desirous of taking up distance education programme. If so, details of study centres proposed to be started;

(s)whether the university proposes to undertake some programmes related to local needs. If so, the nature of specialized teaching, training or research activities to be undertaken by the university so as to fulfil this objective;

(t)whether the university proposes to start some programmes for the benefit of farmers, women and industries. If so, details thereof may be given;

(u)details of play grounds and other facilities available or proposed to be created for games and sports and extra curricular activities like National Cadet Corps, National Service Scheme, Scouts and Guides etc;

(v)the arrangement proposed to be made for academic auditing;

(w)justification regarding the necessity of establishment of the proposed university;

(x)such other details as the sponsoring body may like to give;

(y)such other details as may be prescribed.

(3)The State Government shall, on receipt of the proposal and the project report for establishment of a university, make such enquiry as to the facts stated in such project report, as it may deem necessary.

(4)After having made such enquiry as referred to in sub-section (3), the State Government shall consider the proposal on the following grounds:-

(a)Inadequacy of the facilities for higher education and research in the area in which the university is proposed to be established and the inability of the existing State University or Universities to provide for such facilities either in its or their existing faculties or schools or by the establishment of postgraduate centres or campuses;

(b)the university. shall have some special features or new programmes and activities which will augment the existing academic resources in the State;

(c)the university shall have programmes for the upliftment of backward areas or removal of regional imbalances;

(d)the motive for establishment of the university is of social service and welfare of youths by providing them high quality education, rather than profiteering.

(5)If the State Government, after such consideration as is referred under sub-section (4) is satisfied that it would be advisable to establish the university, it may issue a letter of intent and ask the sponsoring body to-

(i)establish an endowment fund in accordance with the provisions of section 8 of this Ordinance;

(ii)procure a minimum of 30 acres of land, if not already available;

(iii)construct a minimum of 10,000 squares meters of covered space for administrative purposes and for conducting academic programmes, if not already available;

(iv)give undertaking to purchase books and journals of atleast Rs. 10 lacs in the first year and to invest not less than Rs. 50 lacs on books, journals, computers, library networking and other facilities so as to make the library facilities adequate for contemporary teaching and research within first three years.

(v)give undertaking to produce equipments, computers furniture, other mobile and immobile assets and infrastructure facilities (other than buildings, referred to in clause (iii) above) worth Rs. 20 lacs in the first year and not less than Rs. one crore in the first five years;

(vi)give undertaking to appoint immediately after the issue of notification of the university at least 1 Professor, 2 Readers and adequate number of Lecturers alongwith necessary supporting staff in each department or discipline to be started by the university;

(vii)give undertaking to take up co-curricular activities like seminars, debates, quiz programmes and extra curricular activities like games, sports, National Service Scheme, National Cadet Corps etc. for the benefit of students as per the norms laid down by the regulating bodies;

(viii)give undertaking for establishment of provident fund and to take up welfare programmes for the employees of the university; and

(ix)fulfill such other conditions and provide such other information as may be prescribed by the University Grants Commission, All India Council for Technical Education or any other statutory body established by the law of the Union or State Government.

(6)The sponsoring body shall fulfill the requirements and conditions specified in sub-section (5) and shall report the compliance to the State Government within a maximum period of one year from the date of issue of the letter of intent. On receiving the compliance report, the State Government shall appoint a committee consisting of three members, in such manner as may be prescribed, to verify the compliance report. The committee shall submit its report to the State Government within one month from the date of its constitution specifying whether the sponsoring body has fulfilled the requirements and conditions laid down in sub-section (5).

(7)If the sponsoring body has failed to comply with the provisions of sub-section (6), its proposal submitted under sub- section (1) shall stand rejected and the letter of intent issued under sub-section (5) shall be deemed to have been withdrawn.

5. Establishment of the University.

(1)The State Government, if it is satisfied, after considering the report submitted under sub-section (6) of section 4 that the sponsoring body has complied with the provisions of sub-section (5) of section 4, may, be notification in the Official Gazette, establish a university with such name, location, jurisdiction and with such conditions as may be specified in such notification.

(2)The University shall be deemed to have come into existence from the date of the notification in the Official Gazette under sub-section (1).

(3)Every notification issued under sub-section (1) shall be laid, as soon as may be after it is issued, before the House of the State Legislature and provisions of section 26A of the Rajasthan General Clauses Act, 1955 (Act No. 8 of 1955) shall mutatis mutandis apply to such notification.

6. Incorporation of the University.

- Every university established under sub-section (1) of section 5 shall be a body corporate by the name notified under that section having perpetual succession and common seal and may sue and be sued by the said name.

7. University to be self-financed.

- The University shall be self-financed and shall not be entitled to receive any grant or other financial assistance from the State Government only for the reason that it has been incorporated under this Ordinance.

8. Endowment Fund.

(1)The sponsoring body shall establish and Endowment Fund for the University with an amount of,-

(i)in case the university is situated-

(a)fifteen kilometers away from the municipal limits of the Divisional Headquarters Cities, or

(b)ten kilometers away from the municipal limits of other cities,

one crore rupees;

(ii)in case the University is situated in scheduled tribal area and maintains the distance specified in clause (i) from the municipal limits of a city, seventy five lacs rupees;

(iii)in other cases, two crore rupees.

(2)The Endowment fund should be used as security deposit to ensure that the University complies with the provisions of this Ordinance and functions as per provisions of this Ordinance, Statutes and Ordinances. The State Government shall have the powers to forfeit in the prescribed manner, a part or whole of the Endowment Fund in case the University or the sponsoring body contravenes the provisions of this Ordinance, Statutes, Ordinances, Regulations or Rules made thereunder.

(3)Income from endowment fund may be utilised for development of infrastructure of the University but shall not be utilised to meet out the recurring expenditure of the University.

(4)The amount of Endowment Fund shall be invested and kept invested until the dissolution of the University in long term securities issued or guaranteed by the State Government in the name of the University.

(5)The certificates of the securities shall be kept in the safe custody of the State Government.

9. General Fund.

- Every university shall establish a fund, which shall be called the General Fund to which following shall be credited, namely:-

(a)fees and other charges received by the University;

(b)any contributions made by the sponsoring body;

(c)any income received from consultancy and other work undertaken by the University in pursuance of its objectives;

(d)trusts, bequests, donations, endowments and any other grants; and

(e)all other sums received by the University.

10. Application of General Fund.

- The General Fund shall be utilized for the following objects, namely:-

(a)the repayment of debts including interest charges thereto incurred by the University for the purposes of this Ordinance and the Statutes, Ordinances, Regulations and Rules made thereunder;

(b)to upkeep of the assets of the University;

(c)for the payment of the cost of audit of the funds created under sections 8 and 9;

(d)meeting expenses of any suit or proceedings to which University is a party;

(e)the payment of salaries and allowances of the officers and employees of the university and members of the teaching and research staff, and for payment of any Provident Fund contributions, gratuity and other benefits to any such officers and employees, and members of the teaching and research staff;

(f)the payment of travelling and other allowances of the members of the Governing Body, the Board of Management, the Academic Council, and other authorities so declared under the Statutes of the university and of the members of any committee appointed by any of the authorities or by the Chairperson of the sponsoring body or the Vice-chancellor, as the case may be, of the university in pursuance of any provision of this Ordinance, or the Statutes, Ordinances, Regulations or Rules made thereunder;

(g)for the payment of fellowships, free-ships, scholarships, assistantships and other awards to students belonging to economically weaker sections of the society or research associates or trainees as the case may be, or to any student otherwise eligible for such awards under the Statutes, Ordinances, Regulations or Rules of the university made under the provisions of this Ordinance;

(h)for the payment of any expenses incurred by the university in carrying out the provisions of this Ordinances or the Statutes, Ordinances, Regulations or Rules made thereunder;

(i)the payment of cost of capital, not exceeding the prevailing bank rates of interest, incurred by the sponsoring body for setting up the university and the investments made therefor;

(j)the payment of charges and expenditure relating to the consultancy work undertaken by the university in pursuance of the provisions of this Ordinance and the Rules, Statutes or Ordinances made thereunder;

(k)for the payment of any other expenses including service fee payable to any organization charged with the responsibility of providing any specific service, including the managerial services to the university, on behalf of the sponsoring body, as approved by the Board of Management to be an expense for the purpose of the University;

Provided that no expenditure shall be incurred by the University in excess of the limits for total recurring expenditure and total non-recurring expenditure for the year, as may be fixed by the Board of Management, without the prior approval of the Board of Management:Provided further that the General Fund shall, for the objects specified under sub-clause (a), be applied with the prior approval of the Governing Body of the university.

11. Officers of the University.

- The following shall be the officers of the University, namely:-

1. The Visitor;

2. The Chancellor;

3. The Vice-chancellor;

4. The Registrar;

5. The Chief Finance and Accounts Officer;

6. Such other officers as may be declared by the Statutes to be the Officers of the University.

12. The Visitor.

(1)The Governor of Rajasthan shall be the Visitor of the University.

(2)The Visitor shall, when present, preside at the convocation of the University for conferring degrees and diplomas. The Visitor shall have the following powers, namely:-

(a)to call for any paper or information relating to the affairs of the University;

(b)on the basis of the information received by the Visitor, if he is satisfied that any order, proceeding, or decision taken by any authority of the University is not in conformity with the provisions of the Ordinance or Statutes, Ordinances, Regulations and Rules made thereunder, he may issue such directions as he may deem fit in the interest of the university and the directions so issued shall be complied with by the University.

13. The Chancellor.

(1)The Chancellor shall be appointed by the sponsoring body for a period of three years with the approval of the Visitor by following such procedure and on such terms and conditions as may be prescribed by the Statutes.

(2)The Chancellor shall be the head of the University.

(3)The Chancellor shall preside at the meetings of the Governing Body and shall, when the Visitor is not present, preside at the convocation of the university for conferring degrees, diplomas or other academic distinctions.

(4)The Chancellor shall have the following powers, namely:-

(a)to call for any information or record;

(b)to appoint the Vice-chancellor;

(c)to remove the Vice-chancellor in accordance with the provisions of sub-section (7) of section 14;

(d)such other powers as may be prescribed by the Statutes.

14. The Vice-chancellor.

(1)The Vice-chancellor shall be appointed by the Chancellor from a panel of three persons recommended by the Governing Body and shall, subject to the provisions contained in sub-section (7), hold office for a terms of three years:Provided that, after expiry of the term of three years, a person shall be eligible for re-appointment for another term of three years:Provided further that a Vice-chancellor shall continue to hold the office even after expiry of his term till new Vice-chancellor joins. However, in any case this period shall not exceed one year.

(2)The Vice-chancellor shall be the principal executive and academic officer of the university and shall exercise general superintendence and control over the affairs of the University and shall execute the decisions of various authorities of the University.

(3)The Vice-chancellor shall preside at the convocation of the University in the absence of both, the Visitor and the Chancellor.

(4)If in opinion of the Vice-chancellor it is necessary to take immediate action on any matter for which powers are conferred on any other authority by or under this Ordinances, he may take such action as he deems necessary and shall at the earliest opportunity thereafter report his action to such officer or authority as would have in the ordinary course dealt with the matter:Provided that if in the opinion of the concerned officer or authority such action not have been taken by the Vice-chancellor then such case shall be referred to the Chancellor, whose decision thereon shall be final:Provided further that where any such action taken by the Vice-chancellor affects any person in the service of the University, such person shall be entitled to prefer, within three months from the date on which such action is communicated to him, an appeal to the Board of Management and the Board of Management may confirm or modify or reverse the action taken by the Vice- chancellor.

(5)If, in the opinion of the Vice-chancellor, any decision of any authority of the University is outside the powers conferred by this Ordinance or Statutes, Ordinances, Regulations or Rules made thereunder or is likely to be prejudicial to the interests of the university, he shall request the concerned authority to revise its decision within fifteen days from the date of its decision and in case the authority refuses to revise such decision wholly or partly or fails to take any decision within fifteen days, then such matter shall be referred to the Chancellor and his decision thereon shall be final.

(6)The Vice-chancellor shall exercise such powers and perform such duties as may be prescribed by the Statutes or the Ordinances.

(7)If, at any time upon representation made or otherwise and after making such inquiry as may be deemed necessary, the situation so warrants and if the continuance of the Vice- chancellor is not in the interests of the University, the Chancellor may, be an order in writing stating the reasons therein, ask the Vice-chancellor to relinquish his office from such date as may be specified in the order:Provided that before taking an action under this sub-section, the Vice-chancellor shall be given an opportunity of being heard.

15. The Registrar.

(1)The appointment of the Registrar shall be made by the Chairperson of the sponsoring body in such manner, as may be prescribed by the Statutes.

(2)All contracts shall be signed and all documents and records shall be authenticated by the Registrar on behalf of the University.

(3)The Registrar shall be the Member-Secretary of the Governing Body, Board of Management and Academic Council but he shall not have a right to vote.

(4)The Registrar shall exercise such other powers and perform such other duties as may be prescribed by the Statutes.

16. The Chief Finance and Accounts Officer.

(1)The appointment of the Chief Finance and Accounts Officer shall be made by the Chancellor in such manner as may be prescribed by the Statutes.

(2)The Chief Finance and Accounts Officer shall exercise such powers and perform such duties as may be prescribed by the Statutes.

17. Other Officers.

(1)The University may appoint such other officers as may be necessary for its functioning.

(2)The manner of appointment of other officers of the University and their powers and functions shall be such as may be prescribed by the Statutes.

18. Authorities of the University.

- The following shall be the authorities of the university, namely:-

(1)the Governing Body;

(2)the Board of Management;

(3)the Academic Council;

(4)such other authorities as may be declared by the Statutes to be the authorities of the University.

19. The Governing Body.

(1)The Governing Body of the University shall consist of the following, namely:-

(a)the Chancellor,

(b)the Vice-Chancellor,

(c)five persons nominated by the sponsoring body out of whom two shall be eminent educationist;

(d)one expert of management or information technology from outside the University, nominated by the Chancellor; and

(e)one expert of finance, nominated by the Chancellor.

(2)The Governing Body shall be the supreme authority of the University. All the movable and immovable property of the university shall vest in the Governing Body. It shall have following powers, namely:-

(a)to provide general superintendence and directions and to control functioning of the University by using all such powers as are provided by this Ordinance, Regulations or Rules made thereunder;

(b)to review the decisions of other authorities of the University in case they are not in conformity with the provisions of this Ordinance or the Statutes, Ordinance, Regulations or Rules made thereunder;

(c)to improve the budget and annual report of the University;

(d)to lay down the extensive policies to be followed by the university.

(e)to recommend to the sponsoring body about the voluntary liquidation of the University it a situation arises when smooth functioning of the university does not remain possible, in spite of all efforts;

(f)such other powers as may be prescribed by the Statutes.

(3)The Governing Body shall meet at least three times in a calendar year.

(4)The quorum for meetings of the Governing Body shall be four.

20. The Board of Management.

(1)The Board of Management shall consist of the following members, namely:-

(a)the Vice-Chancellor;

(b)two members of the Governing Body, nominated by the sponsoring body;

(c)three persons, who are not the members of the Governing Body, nominated by the sponsoring body;

(d)three persons from amongst the Principals, Directors or Teachers, nominated by the sponsoring body;

(e)two teachers, nominated by the Vice-Chancellor.

(2)The Vice-Chancellor shall be the Chairperson of the Board of Management.

(3)The powers and functions of the Board of Management shall be such as may be prescribed by the Statutes.

(4)The Board of Management shall meet once in every two months.

(5)The quorum for meetings of the Board of Management shall be five.

21. The Academic Council.

(1)The Academic Council shall consist of the Vice-Chancellor and such other members as may be prescribed by the Statutes.

(2)The Vice-Chancellor shall be the Chairperson of the Academic Council.

(3)The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Ordinance and the Rules, Statutes or Ordinances, made thereunder, co-ordinate and exercise general supervision over the academic policies of the University.

(4)The quorum for meetings of the Academy Council shall be such as may be prescribed by the Statutes.

22. Other Authorities.

- The composition constitution, powers and functions of other authorities of the University shall be such as may be prescribed by the Statutes.

23. Disqualification for membership of an Authority or Body.

- A person shall be disqualified for being a member of any of the authorities or bodies of the University, if he-

(a)is of unsound mind and stands so declared by a competent court;

(b)is an undischarged insolvent;

(c)has been convicted of any offence involving moral turpitude;

(d)is conducting or engaging himself in private coaching classes; or

(e)has been punished for indulging in or promoting unfair practice in the conduct of any examination, in any form, any where.

24. Vacancies not to invalidate the proceedings of any Authority or Body of the University.

- No act or proceeding of any authority or body of the University shall be invalid merely by reason of any vacancy or defect in the constitution thereof.

25. Filling up of emergent vacancies.

- Any vacancies occurred in the membership of authorities or bodies of the University due to death, resignation or removal of a member or due to change of capacity in which he was appointed or nominated, shall be filled up as early as possible by the person or the body who had appointed or nominated such a member:Provided that the person appointed or nominated as a member of an authority or body of the University on an emergent vacancy, shall remain member of such authority or body for only the remaining period of the member, in whose place he is appointed or nominated.

26. Committee.

- The authorities or officers of the University may constitute such committee with such terms of reference as may necessary for specific tasks to be performed by such committees. The constitution of such committees and their duties shall be such as may be prescribed by the Statutes.

27. The First Statutes.

(1)Subject to the provisions of this Ordinance, and the Rules made thereunder, the First Statutes of the university may provide for all or any of 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 terms and.conditions of appointment of the Vice- Chancellor and his powers and functions;

(c)the manner and terms and conditions of appointment of the Registrar and Chief Finance and Accounts Officer and their powers and functions;

(d)the manner and terms and conditions of appointment of other officers and teachers and their powers and functions;

(e)the terms and conditions of service of employees of the University;

(f)the procedure for arbitration in case of disputes between officers, teachers, employees and student;

(g)the conferment of honorary degrees;

(h)the provisions regarding exemption of students from payment of tuition fee and for awarding to them scholarships and fellowships;

(i)provisions regarding the policy of admissions, including regulations of reservation of seats;

(j)provisions regarding fees to be charged from students;

(k)provisions regarding number of seats in different courses.

(2)The First Statutes of the University shall be made by the Governing Body and shall be submitted to the State Government for its approval.

(3)The State Government shall consider the First Statutes, submitted by the University and shall give its approval thereon within two months from the date of its receipt with such modification if any as it may deem necessary.

(4)The University shall communicate its agreement to the First Statutes as approved by the State Government, and if it desires not to give effect to any or all the modification made by the State Government under sub-section (3), it may give reasons therefore and after considering such reasons, the State Government may or may not accept the suggestions made by the University.

(5)The State Government shall publish the First Statutes, as finally approved by it, in the Official Gazette, and thereafter, the first Statutes shall come into force, from the date of such publication.

28. The Subsequent Statutes.

(1)Subject to the provisions of this Ordinance and the rules made thereunder, the Subsequent Statutes of the University may provide for all or any of the following matters, namely:-

(a)creation of new authorities of the University;

(b)accounting policy and financial procedure;

(c)representation of teachers in the authorities of the University;

(d)creation of new departments and abolition or restructuring of existing department;

(e)institution of medals and prizes;

(f)creation of posts and procedure for abolition;

(g)revision of fees;

(h)alteration of the number of seats in different syllabi; and

(i)all other matters which under the provisions of this Ordinance are to be prescribed by the Statutes.

(2)The Statutes of the University other than the First Statutes shall be made by the Board of Management with the approval of the Governing Body.

(3)The Statutes made under sub-section (2) shall be sent to the State Government and the State Government may approve them as such or, if it considers necessary, give suggestions for modifications in them within two months from the date of receipt of the Statutes.

(4)The Governing Body shall consider the modification suggested by the State Government and return the Statutes to the State Government with its agreement to such changes or with its comments on the suggestions made by the State Government.

(5)The State Government shall consider the comments of the Governing Body and shall approve the Statutes with or without modification and then the Statutes as finally approved by the State Government shall be published by it in the Official Gazette, and upon such publication the Statutes shall come into force.

29. The First Ordinances.

(1)Subject to the provision of this Ordinance or the Rules or Statutes made thereunder, the first Ordinance may provide for all or any of the following matters, namely:

(a)the admission of students to the University and their enrollment as such;

(b)the courses of study to be laid down for the degrees, diplomas and certificates of the University;

(c)the award of the degrees, diplomas, certificates and other academic distinctions, the minimum qualifications for the same and the means to be taken relating to the granting and obtaining of the same;

(d)the conditions for award of fellowships, scholarships, stipends, medals and prizes;

(e)the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators;

(f)fees to be charged for the various courses examinations, degrees and diplomas of the University;

(g)the conditions of residence of the students of the University;

(h)provision regarding disciplinary action against the students;

(i)the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;

(j)the manner of co-operation and collaboration with other Universities and institutions of higher education;

(k)all other matters which by this Ordinance or Statutes made thereunder are required to be provided by the Ordinances.

(2)The First Ordinances of the university shall be made by the Vice-chancellor which after being approved by the Board of Management, shall be submitted to the State Government for its approval.

(3)The State Government shall consider the First Ordinances submitted by the Vice-chancellor under sub-section (2) within two months from the date of their receipt and shall either approve them or give suggestions for modifications therein.

(4)The Vice-chancellor shall either modify the Ordinances incorporating the suggestion of the State Government or give reasons for not incorporating any of the suggestions made by the State Government and shall return the First Ordinances alongwith such reasons, if any, to the State Government and on receipt of the same, the State Government shall consider the comments of the Vice-chancellor and shall approve the First Ordinances of the university with or without such modifications and them the First Ordinances, as approved by the State Government shall be published by the State Government in the Official Gazette and upon such publication the Ordinances shall come into force.

30. The Subsequent Ordinances.

(1)All Ordinances other than the First Ordinances shall be made by the Academic Council which after being approved by the Board of Management shall be submitted to the State Government for its approval.

(2)The State Government shall consider the Ordinances submitted by the Academic Council under sub-section (1) within two months from the date of their receipt and shall approve them or give suggestion for modifications therein.

(3)The Academic Council shall either modify the Ordinances incorporating the suggestion of the State Government or give reasons for not incorporating any of the suggestions made by the State Government and shall return the Ordinances alongwith such reason, if any, to the State Government and on receipt of the same, the State Government shall consider the comments of the Academic Council and shall approve the Ordinances with or without modifications and then the Ordinances, as approved by the State Government, shall be published by the State Government in the Official Gazette and upon such publication the Ordinances shall come into force.

31. Regulations.

- The authorities of the university may, subject to the prior approval of the Board of Management, make regulations, consistent with this Ordinance and the Rules, Statutes and the Ordinances made thereunder for the conduct of their own business and that of the committees appointed by them.

32. Admissions.

(1)Admission in the University shall be made strictly on the basis of merit:Provided that for the purpose of filling minority quota in the University established and administered by minority community, zone of consideration for determination of merit shall be limited only to the students belonging to that minority community.

(2)Merit for admission in the university may be determined either on the basis of marks or grade obtained in the qualifying examination and achievements in co-curricular and extra- curricular activities or on the basis of marks or grade obtained in the entrance test conducted at state level either by an association of the Universities conducting similar courses or by any agency of the State:Provided that admission in professional and technical courses shall be made only through entrance test.

(3)Seats for admission in the university of the students belonging to scheduled casts, scheduled tribes and other backward classes and women and handicapped students shall be reserved as per the policy of the State Government.

33. Fee structure.

(1)The University may, from time to time, prepare its fees structure and sent it for approval of the Committee constituted for the purpose under any law for the time being in force.

(2)The Committee shall consider the fees structure prepared by the university and if its is satisfied that the proposed fees is-

(a)sufficient for-

(i)generating resources for meeting the recurring expenditure of the university; and

(ii)the savings required for the further development of the university; and

(b)not unreasonable excessive,

it may approve the fees structure.

(3)The fees structure approved by the Committee under subsection (2) shall remain in force for three years and the university shall be entitled to charge fees in accordance with such fees structure.

(4)The university shall not charge any fees, by whatever name called, other than that for which it is entitled under sub- section (3).

34. Examinations.

- At the beginning of each academic session and in any case not later than 30th August of every calendar year, the university shall prepare and publish a semesterwise or annual, as the case may be, schedule of examination for each and every course conducted by it and shall strictly adhere to the schedule.Explanation. - "Schedule of examination" means a table giving details about the time, day and date of the commencement of each paper which is a part of a scheme of examinations and shall also include the details about the practical examinations:Provided that if, for any reason whatsoever, university has been unable to follow this schedule, if shall, as soon as practicable, submit a report to the State Government incorporating the detailed reasons for making a departure from the published schedule. The Government may, thereon, issue such directions as it may deem fit for better compliance in future.

35. Declaration of results.

(1)The university shall strive to declare the results of every; examination conducted by it within thirty days from the last date of the examination for that particular course and shall in any case declare the results latest within forty-five days from such date:Provided that if, for any reason whatsoever, the university is unable to finally declare the results of any examination within the aforesaid period of forty-five days, it shall submit a report incorporating the detailed reasons for such delay to the State Government. The State Government may, thereon, issue such directions as it may deem fit for better compliance in future.

(2)No examination or the results of an examination shall be held invalid only for the reasons that the university has not followed the schedule as stipulated in section 34 or, as the case may be, in section 35.

36. Convocation.

- The convocation of the university shall be held in every academic year in the manner as may be prescribed by the Statutes for conferring degrees, diplomas or for any other purpose.

37. Accreditation of the University.

- The university shall obtain accreditation from the National Council of Assessment and Accreditation (NAAC), Banglore within three years of its establishment and inform the State Government and such other regulating bodies which are connected with the courses taken up by the university about the grade provided by NAAC to the university. The University shall get renewed such accreditation at an interval of every five years thereafter.

38. Annual Report.

(1)The Annual report of the university shall be prepared by the Board of Management which shall include among other matters, the steps taken by the university towards the fulfilment of its objects and shall be approved by the Governing Body and copy of the same shall be submitted to the sponsoring body.

(2)Copies of the annual report prepared under sub-section (1) shall also be presented to the Visitor and the State Government.

39. Annual Accounts and Audit.

(1)The annual accounts including balance sheet of the university shall be prepared under the directions of the Board of Management and the annual account shall be audited at least once every year by the auditors appointed by the university for this purpose.

(2)A copy of the annual Accounts together with the audit report shall be submitted to the Governing Body.

(3)A copy of the annual accounts and audit report alongwith the observations of the Governing Body shall be submitted to the sponsoring body.

(4)Copies of annual accounts and balance sheet prepared under sub-section (1) shall also be presented to the Visitor and the State Government. The advice of the State Government or the Visitor, if any, arising out of the accounts and audit report of the university shall be placed before the Governing Body. The Governing Body shall issue such directions, as it may deem fit and compliance shall be reported to the Visitor or the State Government, as the case may be.

40. Powers of the State Government to inspect the University.

(1)For the purpose of ascertaining the standards of teaching, examination and research or any other matter relating to the university, the State Government may after consultation with the Vice-chancellor cause an assessment, to be made in such manner as may be prescribed, by such person or persons as it may deem fit.

(2)The State Government shall communicate to the university its recommendations in regard to the result of such assessment for corrective action. The university shall adopt such corrective measures and made efforts so as to ensure the compliance of the recommendations.

(3)If the university has failed to comply with the recommendation made under sub-section (2) within a reasonable time, the State Government may give such directions as it may deem fit for such compliance.

41. Dissolution of the university by the Sponsoring Body.

(1)The Sponsoring Body may dissolve the university giving a notice to the effect in the prescribed manner to the State Government and the employees and the students of university at least one year in advance:Provided that dissolution of the university shall have effect only after the last batches of students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards, as the case may be.

(2)On the dissolution of the university all the assets and liabilities of the university shall vest in the sponsoring body.

42. Special powers of the State Government in certain circumstances.

(1)If it appears to the State Government that the university had contravened any of the provisions of this Ordinance or the Rules, Statutes or Ordinances made thereunder or has violated any of the directions issued by it under this Ordinance or has ceased to carry out any of the undertakings given under sub-section (5) of section 4 or a situation of financial mismanagement or mal-administration has arisen in the university, it shall issue notice requiring the university to show cause within forty-five days as to why an order of its liquidation should not be made.

(2)If the State Government, on receipt of reply of the university on the notice issued under sub-section (1), is satisfied that there is s prima facie of contravening all or any of the provisions of this Ordinance or the Rules, Statutes or Ordinances made thereunder or of violating directions issued by it under this Ordinance or of ceasing to carry out the undertaking given under sub-section (5) of section 4 or of financial mismanagement or mal-administration, if shall make an order of such enquiry as it may consider necessary. ,

(3)The State Government shall, for the purposes of any enquiry under sub-section (2) appoint an inquiry officer or officers to inquiry into any of the allegations and to make report thereon.

(4)The inquiry officer or officers appointed under sub-section (3) shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908) while trying a suit in respect of the following matters, namely:-

(a)summoning and enforcing the attendance of any person and examining him on oath;

(b)requiring the discovery and production of any such document or any other material as may be predicable in evidence;

(c)requisitioning any public record from any court or office; and

(d)any other matter which may be prescribed.

(5)The inquiry officer or officers inquiring under this Ordinance shall be deemed to be a civil court for the purposes of section 195 and Chapter 26 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974).

(6)On receipt of the enquiry report from the officer or officers appointed under sub-section (3), if the State Government is satisfied that the university has contravened all or any of the provisions of this Ordinance or the Rules, Statutes or Ordinances made thereunder or has violated any of the provisions of this Ordinance or the Rules, Statutes or Ordinances made thereunder or has violated any of the directions issued "by it under this Ordinance or has ceased to carry out the undertakings given by it under sub-section (5) of section 4 or a situation of financial mismanagement and mal-administration has arisen in the university which threatens the academic standard of the university, it shall make orders for liquidation of the university and appoint an administrator.

(7)The administrator appointed under sub-section (6) shall have all the powers and be subject to all the duties of the Governing Body and the Board of Management under this Ordinance and shall administrator the affairs of the university until the last batch of the students of the regular courses have completed their courses and they have been awarded degrees diplomas or awards as the case may be.

(8)After having been awarded the degrees, diplomas or awards, as the case may be, to the last batches of the students for the regular courses, the administrator shall make a report to the effect to the State Government.

(9)On receipt of the report under sub-section (8), the State Government shall, by a notification in the Official Gazette, issue an order dissolving the university and from the date of publication of such notification the University shall stand dissolved and all the assets and liabilities of the university shall vest in the sponsoring body from such date.

43. Power to make rules.

(1)The State Government may, by Notification in the Official Gazette, make rules for carrying out the purposes of this Ordinance.

(2)Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a)the manner of making proposal to establish a university and the fees payable under sub-section (1) of section 4;

(b)other particulars to be contained in the Project Report; under sub-section (2) of section 4;

(c)the manner of constituting committee under sub-section (6) of section 4;

(d)matter to be prescribed under clause (d) of sub-section (4) of section 42;

(e)other matters which are required to be, or may be, prescribed by rules under this Ordinances.

(3)All the rules made under this Ordinances shall be laid, as soon as may be after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rules should not be made, such rules 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 thereunder.

44. Power to remove difficulties.

(1)If any difficulty arises in giving effect to the provisions of this Ordinance, the State Government may, by order published in the Official Gazette, make provisions, not inconsistent with the provisions of this Ordinance, as appear to it to be necessary or expedient for removing the difficulty.

(2)Every order made under this section shall, as soon as may be after is made, shall be laid before the House of the State Legislature.

45. The Ordinance to have overriding effect.

- The provisions of this Ordinances and the Rules, Statutes; Ordinances made thereunder shall have effect notwithstanding anything to the contrary contained in any other law, for the time being in force, of the State Legislature relating to universities.

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State of Rajasthan - Act