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State of Jharkhand - Act

Jharkhand Raksha Shakti University Act, 2016

JHARKHAND
India

Jharkhand Raksha Shakti University Act, 2016

Act 22 of 2016

Published on 30 September 2016
Commenced on 30 September 2016
[This is the version of this document from 30 September 2016.]
[Note: The original publication document is not available and this content could not be verified.]

Jharkhand Raksha Shakti University Act, 2016(Act No. 22 of 2016)[Dated 30.9.2016]PreambleWhere As it is desirable that there is important role of Police and Administration in maintaining law and order and ensuring peace and harmony in the society.And, Whereas the need of the time is to provide (i) efficient, trained and professional manpower to meet the demand of police and other security forces, (ii) opportunity to the youths of the State to build their career in state police, central police, military, and other private security forces, (iii) training and building manpower to tackle the upcoming challenges from various types of offences such as terrorism, economic offences, cyber crime, telecommunication offences and the offences requiring expertise in forensic science.And, Whereas the State Government has accordingly decided to establish and incorporate a University to be known as the Jharkhand Raksha Shakti University in the State of Jharkhand .It is hereby enacted in the Sixty-seventh year of the Republic of India, by the Legislature of Jharkhand as follows:

Chapter I
Preliminary

1. Short title and commencement.

(1)This Act may be called "the Jharkhand Raksha Shakti University Act, 2016."

(2)It shall come into force at once.

2. Definitions.

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

(i)"Academic Council" means the Academic Council of the University constituted under section 19;

(ii)"Council" means the Governing Council of the University constituted under section 16;

(iii)"Dean" means the Deans of the University appointed under section 24;

(iv)"Director of Research and Development" means the Director of Research and Development of the University appointed under section 12;

(v)"Director" means the Directors of the Institutes of the University appointed under section 23;

(vi)"Finance Committee" means the Finance Committee of the University constituted under section 21;

(vii)"Financial Adviser" means the Financial Adviser of the University appointed under section 11;

(viii)"prescribed" means prescribed by the regulations;

(ix)"Pro Vice Chancellor" means the Pro Vice Chancellor of the University appointed under section 10;

(x)"Registrar" means the Registrar of the University appointed under section 13;

(xi)"Statutes" means the Statutes of the University made under section 35;

(xii)"University" means the Jharkhand Raksha Shakti University established and incorporated under section 3.

(xiii)"Vice Chancellor" means the Vice Chancellor of the University appointed under section 9;

Chapter-II University

3. Establishment and incorporation of the University.

(1)There shall be established a University by the name of the " Jharkhand Raksha Shakti University".

(2)The Vice Chancellor, the Pro Vice Chancellor, the Financial Adviser, Governing Council, the Academic Council, the Directors, the Director of Research and Development, the Dean, the Registrar and such officers or members so long as they continue to hold such office or membership, hereby constitute a body-corporate by the name of the " Jharkhand Raksha Shakti University".

(3)The University shall be a body corporate by the name as aforesaid, having perpetual succession and common seal with power, subject to the provisions of the Act, to acquire and hold property, to contract and shall, by the said name sue or be sued.

4. Headquarters of University.

- The headquarters of the University shall be at such place as the State Government may, by notification in the Official Gazette, specify.

5. Objectives of the University.

- The objects of the University shall be as follows, namely:-

(i)to develop an institution in Security Science and Management for bringing about excellence in all functions of security forces;

(ii)to facilitate research in all matters of internal security;

(iii)to extend the benefit of knowledge and skills with regard to law enforcement agencies thereby contributing to the development of individuals and society;

(iv)to provide facilities to teachers and students for learning process so that individual attention is provided to the students with the objective of promoting scholarship and excellence;

(v)to develop and conduct teaching methodology for security forces thereby encouraging innovation in training;

(vi)to encourage and develop ideas and values enshrined in the Constitution of India to bring about improvement in the working of police and other security forces;

(vii)to develop respect for the rule of law and faith in equitable administration;

(viii)to promote career oriented courses through continuing education and practice;

(ix)to carry out research work and organize programmes for better interaction of security forces with people;

(x)to prepare youths of the State for becoming effective and efficient security personnel and to conduct courses and award degrees, diplomas and certificates for the said purpose;

(xi)such other objects, not inconsistent with the provisions of this Act which the State Government may, on application by the University, by notification in the Official Gazette, specify in this behalf.

6. University open to all irrespective of sex, religion, class, creed or opinion.

(1)No person shall be excluded from any office of the University or from membership of any of its authorities, bodies or committees, or from admission to any degree, diploma or other academic distinction or course of study on the sole ground of sex, race, creed, caste, class, place of birth, religious belief or political or other opinion

(2)It shall not be lawful for the University to impose on any person any test whatsoever relating to sex, race, creed, caste, class, place of birth, religious belief or profession of political or other opinion in order to entitle him to be admitted as a teacher or a student or to hold any office or post in the University or to qualify for any degree, diploma or other academic distinction or to enjoy or exercise any privilege of the University or any benefaction, thereof.

7. Powers and functions of University.

- Subject to the provisions of this Act, the University shall exercise the following powers and perform the following functions, namely:-

(1)to administer and manage the University and to establish such institutes and centres for research, education and instruction as are necessary for the furtherance of the objects of the University;

(2)to provide for instruction, training and research in such branches of knowledge or learning pertaining to police service and police science and military science;

(3)to prescribe courses and curricula on providing flexibility in the education systems and delivery methodologies including electronic and distance learning;

(4)to conduct examinations and confer degrees, diplomas or grant certificates and other academic distinctions or titles on persons subject to such conditions as the University may determine, and to withdraw or cancel any such degrees, diplomas, certificates, or other academic distinctions or titles in the manner as may be prescribed;

(5)to confer honorary degrees or other distinctions in the manner as may be prescribed;

(6)to establish such special centres, specialized study centres or other units for research and development as are, in the opinion of the University, necessary for the furtherance of its objects;

(7)to provide for printing, reproduction and publication of research and other work and to organize exhibitions, workshops, seminars, conferences, etc;

(8)to sponsor and undertake research in all aspects of functions, behavioural science, technology and allied areas in relation to investigation, detection and prevention of crimes and to rehabilitate the victims of crimes for making police objectively result oriented;

(9)to collaborate or associate with any educational institution with like or similar objects;

(10)to develop and maintain linkages with educational or other institutions in any part of the world having objects wholly or partially similar to those of the University, through exchange of teachers, students and scholars and generally in such manner as may be conducive to their common objects;

(11)to develop and maintain relationships with teachers, researchers and experts in the domains of investigation and detection of crimes and furthering the cause of criminal justice system for achieving the objects of the University;

(12)to regulate the expenditure, and to manage the finance and to maintain accounts of the University;

(13)to receive grants, subventions, subscriptions, donations and gifts for the purpose of the University and consistent with the objects for which the University is established and to enter into any agreement with the Central Government, the State Government, the University Grants Commission or other authorities or bodies for receiving any grants;

(14)to receive funds from the industries or from any other sources as gifts, donations, benefactions or bequests and by transfers of movable and immovable properties for the purposes and objects of the University;

(15)to establish, maintain and manage halls and hostels for the residence of students and accommodation for faculties, officers and employees of the University and the guest houses;

(16)to supervise and control the residence and regulate the discipline of students of the University and to make arrangements for promoting their health and general welfare and cultural activities;

(17)to institute and award fellowships, scholarships, prizes, medals and other awards;

(18)to fix, demand and receive or recover fees and such other charges as may be prescribed;

(19)to purchase or to take on lease any land or building or works which may be necessary or convenient for the purpose of the University on such terms and conditions as it may think fit and proper and to construct, alter and maintain any such buildings or works;

(20)to sell, exchange, lease or otherwise dispose of all or any portion of the properties of the University, movable or immovable, on such terms as it may think fit, consistent with the interest, activities and objects of the University after taking prior permission of the State Government;

(21)to draw and accept, to make and endorse, to discount and negotiate Government promissory notes and other promissory notes, Acts of exchange, cheques or other negotiable instruments;

(22)to raise and borrow money on bonds, mortgages, promissory notes or other obligations or securities founded or based upon all or any of the properties and assets of the University or without any securities and upon such terms and conditions as it may think fit and to pay out of the funds of the University, all expenses incidental to the raising of money, to repay and redeem any money borrowed after taking prior permission of the State Government;

(23)to invest the funds of the University in or upon such securities and transpose any investment from time to time in such manner as it may deem fit in the interest of University;

(24)to execute conveyances regarding transfer, mortgage, lease, license, agreement and other conveyance in respect of the property, movable or immovable including Government securities belonging to the University or to be acquired for the purpose of the University after taking prior permission of the State Government;

(25)to admit the students for the courses offered by the University in the prescribed manner;

(26)to create academic, technical, administrative, ministerial and other posts and to make appointments thereto;

(27)to regulate and enforce discipline among the employees of the University and to take for such disciplinary measures as may be prescribed;

(28)to prescribe qualifications for professorships, associate professorships, assistant professorships, endowed professorship, honorary professorships, adjunct professorships, emeritus professors and any other teaching, academic or research posts and to request the state government for their establishment;

(29)to appoint persons as Directors, Director of Research and Development, Deans, Professors, Associate Professors, Assistant Professors, Adjunct Professors, Registrar, or otherwise as teachers and researchers of the University;

(30)subject to the provisions of this Act and the regulations, any officer or authority of the University may, by order, delegate his or its powers (except the power to make regulations) to any other officer or authority under his or its control and subject to the condition that the ultimate responsibility for the exercise of the power so delegated shall continue to rest in the officer or authority delegating them;

(31)to do all such other acts and things as the University may consider necessary, conducive or incidental to the attainment or enlargement of all or any of the objects of the University.

8. The Chancellor.

(1)The Governor of Jharkhand shall be the Chancellor and shall, by virtue of his office, be the head of the University and the Chairman of the Governing Council and shall, when present, preside over the meetings of the Governing Council, and at any convocation of the University.

(2)The Chancellor shall have the power to cause an inspection or review to be made by such person or persons as he may direct, of the University, its buildings, hostels, libraries, equipments and systems and processes and of any institution or centre maintained by the University, and also of the examinations, teaching, research and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration, academic affairs and finance of the University.Provided that the Chancellor shall, in every case, inform the Vice Chancellor of his intention to inspect or inquire or to get the inspection or inquiry conducted and the University shall be entitled to representation therein.

(3)The Chancellor may send the results of such inspection or inquiry to the Vice Chancellor and the Vice Chancellor shall communicate the views to the Governing Council and the Academic Council.

(4)The Chancellor may, by order in writing, annul any proceeding or order of the University which is not in conformity with this Act, the Statutes, the Act or the Regulation or for which adequate reason is lacking.Provided that before making such order or direction he shall call upon the University to show cause within the time specified why such order or direction should not be made, and if any cause is shown within the said time limit, he shall consider the same.

(5)Every proposal of conferment of an honorary degree shall be subject to confirmation of the Chancellor.

(6)

(i)The Chancellor shall have the power to issue direction to the University in the administrative or academic interest of the University which he considers to be necessary. The direction issued by the Chancellor shall be implemented by the Vice Chancellor, Governing Council, and other bodies of the University.

(ii)Any person aggrieved by such order of the Chancellor may file representation to the Chancellor, who on consideration of the said representation, shall have the power to affirm, modify or rescind his earlier order and pass such other order or orders which he may deem fit and proper.

9. The Vice Chancellor.

(1)

(i)Persons of the highest level of competence, integrity, morals and institutional commitment are to be appointed as Vice-Chancellor. The Vice-Chancellor to be appointed should have served in any State/Central Police Department/ Organization or Military/Para Military Forces or have been in the State or Central administration connected with the training of State or Central Police Force or Military or Para Military Forces with proven record in research and/ or academic administrative organization.

(ii)The selection of Vice-Chancellor should be through proper identification of a Panel of 3-5 names by a Search Committee through a public notification or nomination or a talent search process or in combination. The members of the above Search Committee shall be persons of eminence in the sphere of police/military establishment and shall not be connected in any manner with the University. While preparing the panel, the search committee must give proper weight age to academic excellence, exposure to the training system in the county and abroad, and adequate experience in administrative governance to be given in writing along with the panel of three to five names to be submitted to the Chancellor.

(iii)Following shall be the constitution of the Search Committee:

(a)A member nominated by the State Government, who shall be an eminent person and has achieved excellence in the field of education or administration and shall be the Chairman.

(b)The Director or Head of an institute or organization of national repute, such as, National Defence College, Indian Military Academy, Police Training Colleges, or Vice-Chancellor of a Law University nominated by the State Government as Member.

(c)A member nominated by the Chancellor who shall have knowledge about higher education of the State and have achieved excellence in the field of training/teaching;

(2)The Vice Chancellor shall be appointed by the Chancellor in consultation with the State Government.

(3)The tenure of the Vice Chancellor shall be of three years. Provided that he may be considered for reappointment for one more tenure after the completion of one tenure. The person appointed as Vice Chancellor shall retire during his tenure or extended tenure after attaining age of seventy years.

(4)

(a)The Vice Chancellor shall be a whole time officer and hold office during the pleasure of the Chancellor. Provided that he may be removed on the recommendation of the State Government.

(b)Subject to the foregoing provisions of this section, the Vice Chancellor shall ordinarily hold office for a term of three years and on the expiry of the said term he may be reappointed by the Chancellor in consultation with the State Government.

(5)The Vice Chancellor shall be the principal executive and academic officer of the University, the Vice Chairman of the Governing Council, Chairman of the Academic Council, and Finance Committee and shall be entitled to be present and speak at any meeting of any authority or other body of the University and shall in the absence of the Chancellor preside over meetings of the Governing Council and of any convocation of the University.

(6)The Vice Chancellor shall be responsible for imparting of instructions and maintenance of discipline in the University.

(7)The Vice Chancellor shall ensure implementation of the decisions of the authorities of the University.

(8)The Vice Chancellor shall subject to the provisions of this Act, and the regulations have the power to make appointments to regular of Class-III employees on the basis of Staff Selection Commission and other Class-IV employee in various post as per sanctioned grades and scales of pay and within the sanctioned strength recommendation of the University and have full disciplinary control over such staff.

(9)In the academic cadre persons fulfilling the qualifications laid down by the University Grants Commission shall be appointed as Professor, Associate Professor, and Assistant Professor on the recommendation of the Jharkhand Public Service Commission. But the Vice Chancellor may appoint a person on deputation or contract for a period of eleven months for one time.

(10)The other terms and conditions of the Vice Chancellor shall be such as may be determined by the State Government.

(11)The Vice Chancellor may resign from his office by writing under his hand addressed to the Chancellor and such a resignation shall take effect from the date of acceptance of resignation by the Chancellor.

(12)Where any matter is of urgent nature requiring immediate action and the same cannot be immediately dealt with by the authority or body of the University empowered under this Act to deal with it, the Vice Chancellor may take such action as he may deem fit and shall forthwith report the action so taken by him to the authority or body of the University who or which, in the ordinary course, would have dealt with the matter:Provided that if such authority or other body is of the opinion that such action ought not to have been taken by the Vice Chancellor, it may refer the matter to the Governing Council which may either confirm the action taken by the Vice Chancellor or annul the same or modify it in such manner as it thinks fit, and thereupon the action shall cease to have effects or, as the case may be, shall take effect in such modified form. However such modification or annulment shall be without prejudice to the validity of anything previously done by or under the order of the Vice Chancellor.

(13)The Vice Chancellor shall exercise such other powers and perform such other duties as may be assigned to him by or under this Act or the regulations or as may be delegated to him by the Board or by the State Government.

10. The Pro Vice Chancellor.

(1)The Chancellor shall appoint the Pro Vice Chancellor in consultation with the State Government in the same manner as prescribed for appointment of Vice Chancellor.

(2)Persons of the highest level of competence, integrity, morals and institutional commitment who are serving in the Government as senior Police officers in not below the rank of Inspector General of Police are to be appointed as Pro Vice Chancellor.

(3)The Pro Vice Chancellor of the University shall be a whole -time officer of the University. He shall hold office, on such conditions as may be determined, by the Chancellor, in consultation with the State Government, for a period not exceeding three years during the pleasure of the Chancellor.

(4)The Pro Vice Chancellor shall:

(i)be principal coordinating officer of the University and exercise such powers and perform such duties as may be entrusted by general or special order of the Vice Chancellor;

(ii)in absence of the Vice Chancellor , or in the event of his being unable to perform the duties of his office, discharge all the functions and duties of the Vice Chancellor;

(iii)preside over ,in absence of the Vice Chancellor, the meetings of the Governing Council, Academic Council, Finance Committee and such other authorities.

11. Financial Adviser.

(1)The Financial Adviser shall be a whole time officer. He shall be appointed by the Chancellor either on deputation or by re-employment from amongst the officers of the Indian Audit and Accounts Service or from any Accounts Service of Government of India or Government of Jharkhand.

(2)The terms and conditions of service of the Financial Adviser shall be determined by the Chancellor in consultation with the State Government and he shall ordinarily hold the post for three years.

(3)The Financial Adviser will work under the administrative control of the Vice Chancellor.

(4)In all proposals having financial implication the advice of Financial Adviser shall be mandatory.

(5)Preparation of the University Budget, maintenance of accounts, audit of accounts from time to time, compliance of audit objections, timely receipt of grants from the State Government in accordance with the approved budget and also grants from other sources, arrangements for keeping the same properly and timely submission of utilization certificate of the grants received shall be the responsibility of the Financial Adviser.

(6)It shall also be the duty of the Financial Adviser to see that all financial matters of the University are dealt with in accordance with the Act and regulations.

12. Director of Research and Development.

(1)The Director of Research and Development shall be appointed by the Vice Chancellor with the approval of the Governing Council.

(2)He shall be a renowned researcher having out-standing published research work in reputed National or International Journals.

(3)The qualifications and other terms and conditions of service of the Director of Research and Development shall be such as may be prescribed by the regulations.

(4)He shall assist the Vice Chancellor in managing the research and development related academic, administrative and other affairs of the institute.

(5)He shall exercise such powers and perform such functions as may be prescribed or entrusted to him by the Vice Chancellor.

13. Registrar.

(1)The Registrar shall be appointed by the University in such manner and on such terms and conditions as may be prescribed. The Registrar shall have the qualification laid down by the University Grants Commission.

(2)The Registrar shall exercise the following powers and perform the following duties, namely:-

(i)he shall be responsible for the custody of records, common seal, the funds of the University and such other property of the University;

(ii)he shall place before the Governing Council and other authorities of the University, all such information and documents as may be necessary for transaction of its business;

(iii)In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by the Registrar and all processes in such suits and proceedings shall be issued to, and served on, the Registrar.

(iv)he shall be responsible to the Vice Chancellor for the proper discharge of his functions;

Chapter- III Authorities and Officers of University

14. Authorities of the University.

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

(i)the Governing Council;

(ii)the Academic Council;

(iii)the Finance Committee; and

(iv)such other authorities as may be declared by regulations to be the authorities of the University.

15. Officers of the University.

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

(i)The Chancellor

(ii)The Vice Chancellor

(iii)The Pro Vice Chancellor

(iv)The Financial Adviser

(iv)The Director of Research and Development

(vi)The Directors

(vii)The Deans

(viii)The Registrar, and

(ix)such other persons in the service of the University as may be declared by Act, to be the officers of the University.

16. Governing Council.

(1)The Governing Council of the University shall consist of the following members, namely;

(i)the Chancellor, who shall be the Chairman of the Council;

(ii)the Vice Chancellor, who shall be the Vice Chairman of the Council;

(iii)the Pro Vice Chancellor;

(iv)the Financial Advisor;

(v)the Director of Research and Development;

(vi)one Director of the University, by rotation, to be nominated by the Vice Chancellor;

(vii)The G-O-C, 23rd Division ex-officio;

(viii)one Police Officer, not below the rank of the Additional Director General of Police, to be nominated by the State Government, ex-officio;

(ix)the Secretary to Government, Department of Higher & Technical Education, or a person not below the rank of Director nominated by him;

(x)the Principal Secretary of the Home Department, or a person nominated by him not below the rank of Deputy Secretary ;

(xi)one of the Vice-Chancellors of any of the Universities located in Jharkhand, to be nominated by the State Government;

(xii)five members from amongst persons who are associated with and have excelled in the field of Defence or Education or Public Service, to be nominated by the State Government;

(xiii)The State Government shall nominate four Members of the Legislative Assembly.

(xiv)The Registrar shall be the Secretary of the Council.

17. Powers and function of Council.

(1)Subject to the provisions of this Act, the Council shall be responsible for the general superintendence, direction and the control of affairs of the University and shall exercise all the powers of the University, and shall have the power to review the acts of the Academic Council and the Finance Committee and other committees or authorities of the University.

(2)Without prejudice to the provisions of sub-section (1), the Council shall have the following powers and functions, namely:-

(i)to take decisions on question of policy relating to the administration and working of the University;

(ii)to prescribe courses of studies at the University;

(iii)to make regulations;

(iv)to consider and approve the annual report and the annual budget of the University for every financial year;

(v)to invest money and funds of the University and to take decisions on the recommendations of the Finance Committee;

(vi)to publish or finance the publication of studies, treaties, books, periodicals, reports and other literature from time to time and to sell or arrange for the sale as it may deem fit;

(vii)to create or abolish posts of teachers and officers and employees of the University;

(viii)to appoint such committees as it considers necessary for the exercise of its powers and the performance of its duties under this Act;

(ix)to appoint the Directors of the University;

(x)to delegate any of its power to the Vice Chancellor, Pro Vice Chancellor, Directors, Deans, Registrar or any other officer, employee or any authority of the University or to a committee appointed by it; and

(xi)to exercise such other powers and perform such other functions as may be conferred or imposed upon it by or under this Act or the regulations, and such other powers for achieving the objects of the University.

18. Terms of office and vacancies among members of the Council.

(1)Save as otherwise provided in this section, the term of a nominated member of the Council shall be three years from the date of his nomination.

(2)An ex-officio member shall continue so long as he holds the office by virtue of which he is the member of the Council.

(3)Any vacancy in the Council, of a member other than ex-officio member occurring before the expiry of the prescribed period shall be filled in the same manner as provided under section 16 and such a member shall hold office for the remaining period of the term of the member in whose place he is nominated.

(4)A member shall be eligible for re-nomination for the next term.

(5)A member may resign from his office by writing under his hand addressed to the Chairman and his resignation shall take effect from the date it is accepted by the Chairman.

19. Academic Council.

(1)The Academic Council of the University shall consist of the following members, namely:-

(i)the Vice Chancellor, who shall be the Chairman of the Academic Council;

(ii)the Pro Vice Chancellor;

(iii)two academicians or professionals, to be nominated by the State Government;

(iv)two academicians or professionals connected with the service or training of police, military or paramilitary forces, to be nominated by the State Government;

(v)the Director of Research and Development;

(vi)the Directors;

(vii)one Professor from each discipline of the University, by rotation, to be nominated by the Vice Chancellor.

(2)The Registrar shall be the Secretary of the Academic Council.

(3)The term of office of the members nominated under clauses (iii), (iv) and (vii) of subsection (1) shall be three years.

20. Powers and functions of the Academic Council.

- Subject to the provisions of this Act and the regulations, the Academic Council of the University shall exercise the following powers and perform following functions, namely:-

(i)to exercise control over the academic policies of the University and be responsible for the maintenance and improvement of standards of instruction, education and evaluation in the University;

(ii)to consider matters of general academic interest either on its own initiative or on a reference from the faculty of the University or the Council and to take appropriate action thereon;

(iii)to recommend to the Council, such regulations as are consistent with this Act regarding the academic functioning of the University including discipline of students; and

(iv)to exercise such other powers and perform such other duties as may be conferred or imposed upon it by the regulations.

21. Finance Committee.

(1)The Finance Committee shall consist of the following members, namely:-

(i)the Vice Chancellor, who shall be the Chairman of the Committee;

(ii)the Pro Vice Chancellor;

(iii)the Financial Adviser;

(iv)the Director of Research and Development;

(v)two members of the Council (one of them shall be a Government nominee on the Council) to be nominated by the Council;

(vi)the Directors;

(vii)one Professor, by rotation, to be nominated by the Council.

(2)The Registrar shall be the Secretary of the Committee.

(3)The term of office of the members nominated under clauses (v) and (vi) shall be three years.

22. Powers and functions of the Finance Committee.

- Subject to the other provisions of this Act, the Finance Committee shall exercise the following powers and perform the following functions, namely:-

(i)to examine the annual accounts and annual budget estimates of the University and to advise the Council thereon;

(ii)to review from time to time the financial position of the University;

(iii)to make recommendations to the Council on all financial policy matters of the University;

(iv)to make recommendations to the Council on all proposals involving raising of funds, receipts and expenditure;

(v)to provide guidelines for investment of surplus funds;

(vi)to make recommendations to the Council on all proposals involving expenditure for which no provision has been made in the budget or for which expenditure in excess of the amount provided in the budget needs to be incurred;

(vii)to examine all proposals relating to the revision of pay-scales, up gradation of the scales and those items which are not included in the budget prior to placing before the Council; and

(viii)to exercise such other powers and perform such other functions as may be conferred or imposed upon it by the regulations.

23. Directors.

(1)The Directors of the institutes shall be appointed by the Vice Chancellor with the approval of the Council in such manner and on such terms and conditions as may be prescribed.

(2)The Directors shall assist the Vice Chancellor in managing the academic, administrative and other affairs of the institutes and shall exercise such powers and perform such functions as may be prescribed or entrusted to them by the Vice Chancellor.

24. Deans.

(1)The Deans shall be appointed by the Vice Chancellor from amongst the faculties of the University.

(2)The Deans shall assist the Vice Chancellor and respective Directors of the institutes or centres in managing the academic and other affairs of the University and shall exercise such powers and perform such functions as may be prescribed or entrusted to them by the Vice Chancellor and the Director.Chapter- IV Finance

25. Payment by State Government to the University.

- The State Government shall give to the University from time to time such sums of money and in such manner as may be considered necessary for the exercise of powers and discharge its functions by the University under this Act.

26. Fund of University.

(1)The University shall establish a fund to be called the "University Fund" consisting of:

(i)any contribution or grants or loans by the State Government and the Central Government;

(ii)the income of the University from all sources including income from fees and charges;

(iii)the money received by the University by way of grants, loans, gifts, donations, benefactions, bequests or transfer endowments and other grants, if any;

(iv)the money received by the University from the collaborating industries in terms of the provisions of the Memorandum of Understanding entered between the University and the Industry, for establishment of sponsored chairs, fellowships or infrastructure facilities of the University; and

(v)the money received by the University in any other manner or from any other source.

(2)All funds of the University shall be deposited in such banks or invested in such manner as the Council may decide on the recommendation of the Finance Committee.

(3)The funds of the University shall be applied towards the expenses of the University including expenses incurred in the exercise of its powers and discharge of its functions by or under this Act.

27. Accounts and audit.

(1)The University shall maintain proper accounts and other relevant records and prepare an Annual Statement of Accounts, including the income and expenditure account and the balance sheet, in such form and in such manner as may be prescribed.

(2)The University shall adopt a proper system of internal checks and balances and control in the discharge of its financial, accounting and auditing functions as may be prescribed by the Regulations;.

(3)The accounts of the University shall be audited every year by an Auditor, who shall be a Chartered Accountant as defined in the Chartered Accountant Act, 1949 or a firm of Chartered Accountants, to be appointed by the Council.

(4)The accounts of the University certified by the person or firm so appointed or any other person authorized in this behalf together with the audit report thereon shall be placed before the Council and the Council may issue such instructions to the University in respect thereof as it deems fit and the University shall comply with such instructions.

(5)The accounts of the University shall be audited by an internal auditor who shall be a Chartered Accountant or a firm of Chartered Accountants appointed by the Council to ensure concurrent audit of all books of accounts and such periodic internal audit reports shall be placed before the Council for review.

(6)The University shall prepare for each year an annual report of its activities of the previous year containing such particulars as the Board may specify and submit the same in the form of annual report to the Board on or before such date as may be prescribed, for review and approval.

(7)The copy of the annual report and annual audit report along with the resolution of the Council thereon shall be submitted to the State Government and it shall be laid, as soon as may be after it is received, before the State Legislature.

28. Pension, Insurance and Provident Fund.

(1)The University shall, with the approval of the Council, constitute for the benefit of its officers, teachers and other employees in such manner and subject to such conditions as may be prescribed, such schemes of pension, provident fund and insurance as it may deem fit and also aid in establishment and support of the associations, institutions, funds, trusts and conveyance calculated to the benefit of the officers, teachers, employees of the University.

(2)Where any such provident fund has been constituted, the provisions of the Provident Funds Act, 1925 shall apply to such fund as if it were a Government Provident Fund.Chapter-VI Supplementary Provisions

29. Act and proceedings not be invalidated by vacancies.

- No act or proceeding of the Council or any authority of the University or any committee constituted under this Act or by regulations shall be invalided on the ground merely of the existence of any vacancy or defect in the constitution of such Council, authority or committee of the University.

30. Conferment of degrees, diplomas and grant of certificates by University.

- Notwithstanding anything contained in any other State law for the time being in force, the University shall have powers to confer degrees, diplomas and grant certificates and confer honorary degrees and other academic distinctions and titles as approved by the Council.

31. Returns and information.

- The University shall furnish to the State Government, University Grants Commission and other statutory authorities, such reports, returns, statements and other information as may be required by them from time to time.

32. Officers and employees to be public servants.

- Every officer, teacher and employee of the University shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.Explanation. - For the purpose of this section, any person, who is appointed by the University for a specified period or a specified work of the University or who received any remuneration by way of allowances or fees for any work done from the University fund, shall be deemed to be an officer or employee of the University while he is performing the duties and functions connected with such appointment or work.

33. Dismissal, removal, reduction or termination of services of staff of University.

(1)No officers or employees or members of the teaching, non-teaching and other academic staff of the University shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed about the charges leveled against him and given a reasonable opportunity of being heard in respect of those charges.

(2)An appeal against an order of dismissal, removal or reduction in rank under sub-section (1) or of termination of service shall be made to the Vice Chancellor within ninety days from the date of communication of such order and the decision of the Vice Chancellor in such appeal shall be final.

34. Powers of State Government to give directions.

- The State Government shall have powers to issue directions from time to time as may be required for compliance of the provisions of this Act, the regulation made thereunder and any other law for the time being in force and the University shall be bound to comply with such direction.

35. Powers to make Statutes.

(1)Subject to the provisions of this Act, the Council shall have in addition to all other powers vested in it, the power to make Statutes to provide for the administration and management of the affairs of the University.

(2)In particular and without prejudice to the generality of the foregoing powers, such Statutes may provide for all or any of the following matters, namely:-

(i)the summoning and holding of meetings of the authorities of the University, other than the first meeting of the Council and the quorum and conduct of business at such meeting;

(ii)the powers and functions to be exercised and discharged by the Vice Chancellor;

(iii)the constitution, powers and duties of the authorities, bodies and other committees of the University, the qualifications and disqualifications for membership of such authorities, terms of office of the membership, appointment and removal of member thereof and other matters connected therewith;

(iv)the procedure to be followed by the Council and any committee or other body constituted by or under this Act or by the regulation in the conduct of the business, exercise of the powers and discharge of the functions;

(v)the procedure and criteria to be followed in establishing courses of study and admission of students;

(vi)the procedure to be followed for enforcing discipline in the University;

(vii)the management of the properties of the University;

(viii)the degrees, diplomas, certificates, and other academic distinctions and titles which may be conferred or granted by the University and withdrawal or cancellation of any such degree, diplomas, certificates and other academic distinctions and titles and the requirements thereof;

(ix)the conduct of examinations including the term of office and appointment of examiners;

(x)the creation of posts of Directors, Professors, Associate Professors, Assistant Professors, or equivalent academic designations or posts, officers and employees of the University, and the appointment of persons to such posts including the requisite qualifications thereof;

(xi)the fees and other charges to be paid to the University for the courses, training, facilities and services provided by it;

(xii)the manner and conditions for constitution of insurance, pension and provident funds and such other schemes for the benefits of officers, teachers and employees of the University;

(xiii)the terms and conditions for association of the University with other institutions;

(xiv)the preparation of budget estimates and maintenance of accounts;

(xv)the mode of execution of contracts or agreements by or on behalf of the University;

(xvi)the classification and procedure for appointment of officers, employees and other staff of the University;

(xvii)the terms and conditions and tenure of appointment, salaries and allowances, contractual services, rules of discipline and other conditions of service of the Director of Research and Development, Directors, other officers, teachers and employees of the University;

(xviii)the terms and conditions governing deputation of teachers, officers and employees of the University;

(xix)the powers and duties of the Director of Research and Development, Directors and other officers, teachers and employees of the University;

(xx)the terms and conditions governing fellowships, scholarships, stipends, medals and prizes;

(xxi)the authentication of the orders and the decisions of the Council;

(xxii)the matters relating to hostels and halls of residence and housing for faculties, officers and employees and guest house including disciplinary control therein; and

(xxiii)all other matters which by this Act are to be or may be prescribed.

36. Appointment of First Registrar.

- Notwithstanding anything contained in section 13, the first Registrar shall be appointed by the State Government as soon as practicable after the commencement of the Act for a period not exceeding three years and on such conditions as the State Government thinks fit.

37. Transitory provisions.

- Notwithstanding anything contained in this Act, the Vice Chancellor may, with the prior approval of the Council and subject to availability of the funds, discharge all or any of the functions of the University for the purpose of carrying out the provisions of this Act and the regulations and for that purpose, may exercise any power or perform any duty which by or under this Act and regulations are to be exercised or performed by any authority of the University until such authority comes into existence in accordance with the provisions of this Act and the Regulations.

38. Indemnity.

- No suit, prosecution or other legal proceedings shall lie against and no damage shall be claimed from the University, the Vice Chancellor, the Pro Vice Chancellor, the Financial Adviser, the authorities or officers or employees of the University or any other person in respect of anything which is done in good faith or purporting to be done in pursuance of this Act or any regulations made there under.

39. Power of State Government to remove difficulties.

(1)If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to be necessary for removing difficulties:Provided that no such order shall be made under this section after the expiry of two years from the date of commencement of this Act.

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

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State of Jharkhand - Act