Union of India - Act
North-Eastern Hill University Act, 1973
UNION OF INDIA
India
India
North-Eastern Hill University Act, 1973
Act 24 of 1973
- Published on 26 May 1973
- Commenced on 26 May 1973
- [This is the version of this document from 5 December 2008.]
- [Note: The original publication document is not available and this content could not be verified.]
- [Amended by THE CENTRAL UNIVERSITIES LAWS (AMENDMENT) ACT, 2008 (Act 25 of 2008) on 5 December 2008]
1512.
[26th May, 1973]PreambleAn Act to establish and incorporate a teaching and affiliating University for the hill areas of the North-Eastern region.WHEREAS it is expedient to establish and incorporate a teaching and affiliating University for the benefit of the people of the hill areas of the North-Eastern region and to develop the intellectual, academic and cultural background of the said people;AND whereas in pursuance of clause (1) of Art. 252 of the Constitution, resolutions have been passed by the Legislatures of the States of Meghalaya and Nagaland to the effect that the setting up of a Central University for the hill areas of the North-eastern region shall be regulated by Parliament by law;BE it enacted by Parliament in the Twenty-fourth year of the Republic of India as follows :-1. Short title, extent and commencement.-
2. Definitions.-
In this Act, and in all Statutes made hereunder, unless the context otherwise requires,-3. The University.-
4. Objects.-
The objects of the University shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit; to pay special attention to the improvement of the social and economic conditions and welfare of the people of the hill areas of the North-Eastern region and, in particular, their intellectual, academic and cultural advancement.5. Powers of the University.-
The University shall have the following powers, namely :-6. Jurisdiction.-
7. University open to all classes, castes and creed.-
The University shall be open to persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted therein, as a teacher or student, or to hold any office therein, or to graduate thereat;Provided that nothing in this section shall be deemed to prevent the University from making special provisions for admission of students of the weaker sections of the people in the North-Eastern region and, in particular, of the Scheduled Castes and the Scheduled Tribes.8. Visitor.-
9. Chief Rector.-
The Governor of the [State of Meghalaya] [Substituted for the words 'States of Meghalaya and Nagaland' by Nagaland University Act (35 of 1989)(6-9-94) ] shall be the Chief Rector of the University.10. Officers of the University.-
The following shall he the officers of the University -11. The Chancellor.-
12. The Vice-Chancellor.-
13. The Pro-vice-Chancellors.-
Every Pro-Vice-Chancellor shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.14. Deans of School.-
Every Dean of a School shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.15. The Registrar.-
16. The Finance Officer.-
The Finance Officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.17. Other Officers.-
The manner of appointment and powers and duties of other officers of the University shall be prescribed by the Statutes.18. Authorities of the University.-
The following shall be the authorities of the University:-19. The Court.-
20. The Executive Council.-
21. The Academic Council.-
22. Other authorities of the University.-
The constitution, powers and functions of the Boards of Schools and of such other authorities as may be declared by the Statutes to be authorities of the University, shall be prescribed by the Statutes.23. Planning Board.-
24. Power to make Statutes.-
Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely -25. Statutes how made.-
26. Ordinances.-
27. Regulations.-
The authorities of the University may make Regulations consistent with this Act, the Statutes and the Ordinances for the conduct of their own business and that of the Committees appointed by them and not provided for by this Act, the Statutes or the Ordinances in the manner prescribed by the Statutes.28. Annual Report.-
29. Annual accounts.-
30. Conditions of service of employees.-
31. Procedure of appeal and arbitration in disciplinary cases against students.-
32. Right to appeal.-
Every employee or student of the University of of a College or Institution shall, notwithstanding anything contained in this Act, have a right to appeal, within such time as may be prescribed by the Statutes, to the Executive Council against the decision of any officer or authority of the University or of the Principal or the management of any College or Institution, as the case may be, and thereupon the Executive Council may confirm, modify or reverse the decision appealed against.33. Provident and pension funds.-
34. Disputes as to constitution of University authorities and bodies.-
If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Visitor whose decision thereon shall be final.35. Constitution of committees.-
Where any authority of the University is given power by this Act or the Statutes to appoint Committees, such Committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other persons (if any) as the authority in each case may think fit.36. Filling of casual Vacancies.-
All casual vacancies among the members (other than ex-officio members) of any authority or other body of the University shall be filled, as soon as conveniently may be, by the person or body who appointed, elected or co-opted the member whose place has become vacant and the person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.37. Proceedings of University authorities or bodies not invalidated by vacancies.-
No act or proceedings of any authority or other body of the University shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members.38. Protection of action taken in good faith.-
No suit or other legal proceedings shall lie against any officer or employee of the University for anything, which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or Ordinances.39. Mode of proof of University record.-
A copy of any receipt, application, notice, order, proceeding, resolution of any authority or Committee of the University, or other documents in possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding or resolution, documents or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the Indian Evidence Act, 1872 or in any other law for the time being in force.40. Power to remove difficulties.-
If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.41. Transitional provisions.-
Notwithstanding anything contained in this Act and the Statutes42. Completion of courses of students in colleges or Institutions affiliated to the University.-
Notwithstanding anything contained in this Act, or in the Statutes or the Ordinances, any student of a College or Institution, who, immediately before the admission of such College or Institution to the privileges of the North-Eastern Hill University, was studying for a degree, diploma or certificate of the Gauhati, shall be permitted by the North-Eastern Hill University to complete his course for that degree, diploma or certificate, as the case may be, and the North-Eastern Hill University and such College or Institution shall provide for the instruction and examination of such student in accordance with the syllabus of studies of the Gauhati University.THE SCHEDULESee section 25 (1)THE STATUTES OF THE UNIVERSITY1. The Vice-Chancellor.- (1) The Vice-Chancellor shall be a whole-time salaried officer of the University.
2. Powers and duties of the Vice-Chancellor.-(1) The Vice-Chancellor shall be ex-officio Chairman of the Court, the Executive Council, the Academic Council and the Finance Committee and shall, in the absence of the Chancellor, president the convocations of the University held for conferring degrees. The Vice-Chancellor shall be entitled to be present at and, to address, any meeting of any authority or other body of the University, but shall not be entitled to vote thereat unless he is a member of such authority or body.
3. Pro-Vice-Chancellors.- (1) Every Pro-Vice-Chancellor shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor :
Provided that where the recommendation of the Vice-Chancellor is not accepted by the Executive Council,the matter shall be referred to the Visitor who may either appoint the person recommended by the Vice-Chancellor or ask the Vice-Chancellor to recommend another person to the Executive Council :Provided further that the Executive Council may, on the recommendation of the Vice-Chancellor, appoint a professor to discharge the duties of Pro-Vice-Chancellor in addition to his own duties as a Professor.4. Registrar.-(1) The Registrar shall be a whole time salaried officer of the University.
5. Finance Officer.- (1) The Finance Officer shall be a whole-time salaried officer of the University.
6. Deans of Schools of Studies.-(1) Every Dean of a School of Studies shall be appointed by the Vice-Chancellor from among the professors in the School for a period of three years and he shall be eligible for re-appointment:
Provided that a Dean on attaining the age of sixty years shall cease to hold office as such;Provided further that if at anytime there is no Professor in a School, the Vice-Chancellor or a Pro-Vice-Chancellor if authorised by the Vice-Chancellor in this behalf, shall exercise the powers of the Dean of the School.7. Heads of Departments.-(1) In the case of Departments which have more than one Professor, the Head of the Department shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor from amongst the Professors.
8. Deans of Students' Welfare.-(1) Every Dean of Students' Welfare shall be appointed from amongst the teachers of the University not below the rank of a Reader by the Executive Council on the recommendation of the Vice-Chancellor.
9. Proctors.-(1) Every proctor shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor and shall exercise such powers and perform such duties as may be assigned to him by the Vice-Chancellor.
10. Librarians.-(1) Every Librarian shall be appointed by the Executive Council on the recommendation of the Selection Committee constituted for the purpose and he shall be a whole time officer of the University.
11. Meetings of the Court.- (1) An annual meeting of the Court shall be held on a date to be fixed by the Executive Council unless some other date has been fixed by the Court in respect of any year.
12. Quorum for meetings of the Executive Council.- Five members of the Executive Council shall form a quorum for a meeting of the Executive Council.
13. Powers and functions of Executive Council.- (1) The Executive Council shall have the management and administration of the revenue and property of the University and the conduct of all administrative affairs of the University not otherwise provided for.
14. Quorum for meetings of the Academic Council.- Nine members of the Academic council shall form a quorum for a meeting of the Academic Council.
15. Powers of the Academic Council.- Subject to this Act, these statutes and the Ordinances, the Academic Council shall, in addition to all other powers vested in it, have the following powers, namely :-
16. The Planning Board.- (1) The members of the Planning Board shall be appointed by the Visitor and shall hold office for such period as he may determine.
17. Schools of Studies and Departments.- (1) The University shall have such Schools of studies as may be specified by the Ordinances.
18. Boards of studies.- (1) Each Department shall have two Boards of Studies, one for Post-graduate Studies and the other for under-graduate studies.
19. Finance Committee.- (1) The Finance Committee shall consist of the following members, namely :-
(i)The Vice-Chancellor;(ii)A Pro-Chancellor appointed by the Executive Council;(iii)Three persons nominated by the Executive Council out of whom at least one shall be a member of the Executive Council; and(iv)Three persons nominated by the Visitor.20. Selection Committees.- (1) There shall be Selection Committees for making recommendations to the Executive Council for appointment to the posts of Professor, Reader, Lecturer, Librarian and Principals of Colleges and Institutions maintained by the University.
| 1 | 2 |
| Professor | (i) The Head of the Department concerned, if he is a Professor,(ii) One Professor to be nominated by the Vice-Chancellor.(iii) Three persons not in the service of the University, nominated by the Executive Council, out of a panel of names recommended by the Academic Council for their special knowledge of or interest in the subject with which the Professor will be concerned. |
| Reader/Lecturer | (i) The Head of the Department concerned,(ii) one Professor to be nominated by the Vice-Chancellor.(iii) Three persons not in the service of the University, nominated by the Executive Council, out of a panel of names recommended by the Academic Council for their special knowledge of or interest in the subject with which the Reader or Lecturer will be concerned. |
| Librarian | (i) Two persons not in the service of the University, who have special knowledge of the subject of Library Science/Library Administration to be nominated by the Executive Council. (ii) one person, not in the service of the University, nominated by the Executive Council. |
| Principal of College or Institution maintained by the University | Three persons not in the service of the University of whom two shall be nominated by the Executive Council and one by the Academic Council for their special knowledge of or interest in a subject in which instruction is being provided by the College or Institution |