State of Nagaland - Act
The Nagaland University Act, 1989
NAGALAND
India
India
The Nagaland University Act, 1989
Act 35 of 1989
- Published on 20 October 1989
- Commenced on 20 October 1989
- [This is the version of this document from 20 October 1989.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title 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 and by the example of its corporates life to make provisions for integrated courses in humanities, natural and physical sciences and social sciences in the educational programmes of the University ; to take appropriate measures for promoting inter-disciplinary studies and research in the University ; to educate and train manpower for the development of the State of Assam ; and to pay special attention to the improvement of the social and economic conditions and welfare of the people of that State, their intellectual, academic and cultural development.5. Transfer of properties of North-Eastern Hill University.
- On and from the commencement of this Act, all properties of the North-Eastern Hill University in the State of Nagaland shall stand transferred to, and vest in, the University and shall be applied to the objects for which the University is established.6. Powers of the University.
- The University shall have the following powers namely :7. Jurisdiction.
8. University Open to all classes, castes and creed.
- The University shall e open to persons of either sex and of whatever caste, cred, race 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 appointed as a teacher of the University or to hold any other office therein or be admitted as a student in the University or to graduate thereat or to enjoy or exercise any privilege thereof:Provided that nothing in this section s hall be deemed to prevent the University from making special provisions for the employment or admission of women, physically handicapped or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes and the Scheduled Tribes.9. The Visitor.
10. The Chief Rector.
- The Governor of the State of Nagaland shall be the Chief Rector of the University.11. Officers of the University.
- The following shall be the officers of the University12. The Chancellor.
13. The Vice-Chancellor.
14. The Pro-Vice-Chancellor.
- The Pro-Vice-Chancellor shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the Statues.15. Deans of Schools.
- 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.16. The Registrar.
17. 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.18. Other Officers.
- The manner of appointment and powers and duties of other officers of the University shall be prescribed by the Statutes.19. Authorities of the University.
- The following shall be the authorities of the University :20. The Court.
21. The Executive Council.
- The Executive Council shall be the principal executive body of the University.22. The Academic Council.
23. The Planning Board.
24. The Boards of Schools.
- The constitution powers and functions of the Boards of Schools shall be prescribed by the Statutes.25. The Finance Committee.
- The Constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes.26. Other Authorities of the University.
- The Constitution powers, and functions of other authorities as may be declared by the Statutes to be the authorities of the University shall be prescribed by the Statutes.27. Power to make Statutes.
- Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely :28. Statutes how to be made.
29. Power to make Ordinances.
30. Regulations.
- The authorities of the University may make Regulations, consistent with this Act, the Statutes and the Ordinances for the conduct of their own business and that of the Committees appointed by them and not provided for by this Act, the Statutes or the Ordinances, in the manner prescribed by the Statutes.31. Annual report.
32. Annual accounts.
33. Transfer of services of certain employees of the North-Eastern Hill University.
34. Conditions of service of employees.
35. Procedure of appeal and arbitration in disciplinary cases against students.
36. Right to appeal.
- Every employee or student of the University or of a College or Institution maintained by the University or admitted to its privileges 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 an Institution as the case may be, and thereupon the Executive Council may confirm, modify or reverse the decision appealed against.37. Provident and pension funds.
- (10 The University shall constitute for the benefit of its employees such provident or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes.38. Disputes as to constitution of University authorities and bodies.
- If any question arises as to whether any person has been duly 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.39. Constitution of Committees.
- Where any authority of the University is given power by this Act or the Statutes to appoint Committees, such Committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other person, if any, as the authority in such case may think fit.40. Filling of casual vacancies.
- All casual vacancies among the members (other than ex officio members) of any authority or other body of the University shall be filled, as soon as may be, by the person or body who appointed, co-opted the member whose place has become vacant and person appointed, co-opted the member whose place has become vacant and person appointed 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.41. Proceedings of University authorities or bodies not invalidated by vacancies.
- No act or proceedings of any authority or other body of University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.42. Protection of action taken in good faith.
- No suit or other legal proceedings shall lie against any officer or other employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or the Ordinances.43. Mode of proof of University record.
- A copy of any receipt, application, notice, order, proceedings 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, proceedings, resolution or 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 (1 of 1872), or in any other law for the time being in force.44. Power to remove difficulties.
45. Transitional provisions.
- Notwithstanding anything contained in this Act and the Statutes,-46. Completion of courses of studies in Colleges or Institution affiliated to the University.
- Notwithstanding anything contained in this Act, or in the Statutes or the Ordinances, any student of a College, Institutions, School or Department, who, immediately before the admission of such College, Institution, School or Department to the privileges of the University, was studying for a degree, diploma or certificate of the North-Eastern Hill University shall be permitted by the University, to complete his course for that degree, diploma or certificate, as the case may be, and the Nagaland University and such College, Institution School or Department shall provide for the instructions and examination of such student in accordance with the syllabus of studies of the North-Eastern Hill University.47. Statutes, Ordinances and Regulations to be published in the official Gazette and to be laid before Parliament.
48. Amendment of Act, 24 of 1973.
- In the North-Eastern Hill University Act, 1973,-1. The Chancellor. - (1) The Chancellor shall be appointed by the visitor from a panel of not less than three persons, recommended by the Executive Council from amongst persons of eminence in the academic or public life of the country :
Provided that if the visitor does not approve of any of the persons so recommended he may call for fresh recommendations from the Executive Council.2. The Vice-Chancellor. - (1) The Vice-Chancellor shall be appointed by the Visitor from a panel of not less than three persons who shall be recommended by a Committee as constituted under Clause (2) :
Provided that if the Visitor does not approve of any of the persons included in the panel, he may call for a fresh panel.3. Powers and duties of the Vice-Chancellor. - (1) The Vice-Chancellor shall be ex-officio Chairman of the Executive Council, the Academic Council, the Planning Board and the Finance Committee and shall, in the absence of the Chancellor preside at the convocations held for conferring degrees.
4. Pro-Vice-Chancellor. - (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 a Pro-Vice-Chancellor in addition to his own duties as a Professor.5. Registrar. - (1) The Registrar shall be appointed by the Executive Council on the recommendation of a selection committee constituted for the purpose and shall be a whole time salarised officer of the University.
6. The Finance Officer. - (1) The Finance Officer shall be appointed by the Executive Council the recommendations of the Selection Committee constituted for the propose and he shall be whole-time salaried officer of the University.
7. 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 reappointment:
Provided that a Dean on attaining the age of sixty years shall cease to hold office as such ;Provided further that if at any time there is no Professor in a School, the Vice-Chancellor or a Dean authorised by he Vice-Chancellor in this behalf shall exercise the powers of the Dean of the School.8. Heads of Department. - (1) Each Department shall have a Head who shall be a Professor and whose duties and functions and terms and conditions of appointment shall be prescribed by the Ordinance :
Provided that if there is more than one Professor in any Department, the Head of Department shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor from among the Professors ;Provided further that in the case of Departments where there is only one Professor the Executive Council shall have the option to appoint on the recommendation of the Vice-Chancellor ;Provided further that in a Department where there in no Professor, a Reader may be appointed as the Head of the Department by the Executive Council on the recommendation of the Vice-Chancellor ;Provided also that if there is no Professor or Reader, in a Department, the Dean of School of Studies concerned shall act as the Head of the Department.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. Librarian. - (l)The Librarian shall be appointed by the Executive Council on the recommendations 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 the Executive Council. - (1) The Executive Council shall have the power of 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 the Act, the Statutes and the Ordinance the Academic Council shall in addition to all other powers vested in it, have the following powers namely :
16. The Planning Board. - (1) The Planning Board shall be the principal planning body of the University and shall be responsible for-
(a)reviewing the educational programmes offered by the University ;(b)organising the structures of education in the University so as lo provide opportunities to students to offer different combinations of subjects appropriate for the development of personality and skills for useful work in society ;(c)creating an atmosphere and environment conducive to value-oriented education ; and(d)developing new teaching learning processes which will combine the lectures, tutorials, seminars, demonstrations, self-studies and collective practical projects.17. Schools of Studies and Departments. - (1) The University shall have such Schools of Studies as may be specified by the Ordinances.
18. Board of Studies. - (1) Each Department shall have a Board of Studies.
19. Finance Committee. - (1) The Finance Committee shall consist of the following members, namely :
(i)the Vice-Chancellor;(ii)the Pro-Vice-Chancellor ;(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, Registrar, Finance Officer, Librarian and Principals of Colleges and Institutions maintained by the University.
| 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 nominatedby the Executive Council, out of a panel of names recommended bythe Academic Council for their special knowledge of, or interestin, the subject with which the professor will e concerned. | |
| Reader/Lecturer | (i) | The Head of the Department concerned. |
| (ii) | One Professor to be nominated by the Vice-Chancellor. | |
| (iii) | Two persons not in the service of the University nominated bythe Executive Council, out of a panel of names recommended by theAcademic Council for their special knowledge of, or interest inthe subject with which the Reader or a Lecturer will beconcerned. | |
| Registrar, Finance Officer | (i) | Two members of the Executive Council nominated by it; and |
| (ii) | One person not in the service of the University nominated bythe Executive Council. | |
| Librarian | (i) | Two persons not in the service of the University, who havespecial knowledge of the subject of the Library Science/LibraryAdministration to be nominated by the Executive Council. |
| (ii) | One person not in he service of the University, nominated bythe Executive Council. | |
| Principal of College or Institution maintained by theUniversity. | (iii) | Three persons not in the service of the University of whom twoshall be nominated by the Executive Council and one by theAcademic Council for their special knowledge of, or interest in,a subject in which instruction is being provided by the Collegeor Institution. |