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State of Rajasthan - Section

Section 4 in The Rajasthan Universities Teachers and Officers (Selection for Appointment) Act, 1974

4. [ Appointment of officers on deputation. [Inserted by by Rajasthan Act 18 of 1984, dated 15-11-1984.]

(1)Notwithstanding anything to the contrary contained in this Act or the relevant law, if the Vice-Commissioner of the University concerned is of the opinion that,-
(a)efficient and proper management of the administrative affairs of the University so requires; or
(b)for any good reason, the University is not able easily to fill up a vacancy in the post of Registrar in that University in accordance with the provisions contained and the procedure provided elsewhere in this Act and the relevant law [,]
[x x x] [Clause (c), Deleted by Raj Act 7 of 2003, w.e.f. 1-1-2003.]he may make a request in writing to the State Government to place the services of an officer of the State Government having administrative experience in the affairs of the State of atleast five years, at the disposal of that University for appointing him to the post of Registrar of the University for a period not exceeding three years in the first instance and the State Government may, after considering such a request, place the service of such an officer of the State Government at the disposal of the University for such appointment and thereupon the authority competent in the University concerned to make appointment to the post of Registrar shall appoint such officer of the State Government as Registrar of that University for a period not exceeding the period as aforesaid.
(2)An appointment of an officer of the State Government as Registrar of any University shall for all purposes be valid and shall not be liable to be questioned on the ground that the appointment has been made in contravention of any other provision of this Act or of the relevant law whether such contravention relates to qualifications or experience laid down about eligibility for appointment to the post of Registrar in that University or to the procedure provided for selecting or appointing a person to such post in this Act or in such law or both.
(3)If a further request in writing of the nature referred to in sub-section (1) is made by the Vice-Commissioner of the University concerned, the term of deputation of the officer of the State Government appointed as Registrar of that University under the said sub-section may be agreed to by the State Government to be extended for a further period not exceeding one year.
(4)Notwithstanding anything to the contrary contained in the relevant law or elsewhere in this Act,-
(a)the Finance Officer (by whatever name designated in a University) to be appointed as such in the University concerned shall; and
(b)an Engineer, a Security Officer, an Officer on Special Duty, an Estate Officer or such other officer or officers (by whatever name designated in a University) as may be specified in the rules, may,
be an officer of the State Government sent on deputation for that purpose to such University.][[5.] [Substituted by Rajasthan Act 24 of 1976, dated 17-4-1976.] Constitution of selection committees.
(1)For every selection of a teacher or of an officer in a University, there shall be constituted a committee consisting of the following:-
(i)Vice-Chancellor of the University concerned, who shall be the Chairman of the committee;
(ii)an eminent educationist to be nominated by the Chancellor for a period of one year;
(iii)an eminent educationist to be nominated by the State Government for a period of one year;
(iv)one member of the Syndicate to be nominated by the State Government for a period of one year; and
(v)such other persons as members specified in column 2 of the Schedule for the selection of the teachers and officers mentioned in column 1 thereof:
Provided that where the appointment of a teacher is to be made in the faculty of agriculture in any University or in any University-College imparting instruction of guiding research in agriculture there shall be one more expert to be nominated by the Syndicate out of a panel of names recommended by the Indian Council of Agriculture Research:Provided further that the Selection Committee for teaching posts in the faculty of engineering and technology shall also include an expert to be nominated by the Syndicate out of a panel of names recommended by the All India Council of Technical Education:[Provided also that the Selection Committee for teaching posts in the faculty of Engineering and Architecture shall also include an expert to be nominated by the Syndicate out of a panel of names recommended by the Council of Architecture.] [Added by Act No. 8 of 2013, dated 23.3.2013.]
(2)The eminent educationists nominated under clause (ii) and clause (iii) of sub-section (1) and the member of the Syndicate nominated under clause (iv) of the said sub-section shall be members of every Selection Committee constituted during the course of one year from the date of his nomination [:] [Substituted by Rajasthan Act 18 of 1984, dated 15-11-1984.][Provided that the member for a Selection Committee nominated under clauses (ii), (iii) or (iv) of sub-section (1) shall continue to be the member of every Selection Committee even after the expiry of his term until a fresh nomination is made by the Chancellor or, as the case may be, by the State Government subject, however, that fresh nomination of such member for Selection Committee shall be made within a period not exceeding three months from the date of expiry of his term.] [Inserted by Rajasthan Act 18 of 1984, dated 15-11-1984.]
(3)No person shall be eligible to be nominated as an expert on any Selection Committee in any one year if he has been a member of any two Selection Committees during the course of the same year.][[6] [Substituted by Rajasthan Act 24 of 1976, dated 17-4-1976.]. Procedure of selection committees.- [(1) The quorum required for the meeting of a Selection Committee constituted under [section 5] [Substituted by Rajasthan Act 9 of 1977, dated 19-8-1977.] shall not be less than [five] [Substituted by Rajasthan Act 18 of 1984, dated 15-11-1984.] out of which at least two shall be the experts, if the selection to be made is for the post of a Professor or Reader, and at least one shall be expert, if the selection to be made is for the post of a Lecturer or any other post of a teacher equivalent thereto. The quorum required for the meeting of a Selection Committee for the selection of non-teaching posts shall be not less than one-half of the number of the members of the Selection Committee, out of which at least one shall be an expert.]
(2)The Selection Committee shall make its recommendations to the Syndicate. If the Syndicate disapproves the recommendations of the Selection Committee, the Vice-Commissioner of the University concerned shall submit such recommendations along with reasons for disapproval given by the Syndicate to the Chancellor for his consideration and the decision of the Chancellor thereon shall be final.
(3)Every Selection Committee shall be bound by the qualifications laid down in the relevant law of the University concerned for the post of a teacher or, as the case may be, of an officer.
(4)[ The Selection Committee, while making its recommendations to the Syndicate under sub-section (2) shall prepare a list of candidates selected by it in order of merit and shall further prepare a reserve list in the same order and to the extent of 50% of the vacancies in the posts of teachers or officers for which the Selection Committee was constituted under subs-section (1) of section 5 and shall forward the main list and the reserve list along with its recommendations to the Syndicate.] [Inserted by Rajasthan Act 18 of 1984, dated 15-11-1984.]][[7] [Substituted by Rajasthan Act 24 of 1976, dated 17-4-1976.]. Disqualification for sitting as member in selection committees.- A person shall be disqualified from sitting as a member of any Selection Committee and from taking part in any selection under this Act if he is personally interested in a candidate seeking selection to the post of a teacher or an officer in any University.][8] [Re-numbered by Rajasthan Act 18 of 1984, dated 15-11-1984.]. Vacancy or defect not to invalidate selections.- Subject to the provisions as to the requirement of quorum, no act, proceeding or selection made by a Selection Committee shall be questioned on the ground of the existence of any vacancy or defect in the nomination of a member of such committee.[9] [Re-numbered by Rajasthan Act 18 of 1984, dated 15-11-1984.]. Transfer of officers.
(1)The Chancellor may, for administrative reasons transfer an officer of a University to any other University.
(2)Such officer upon his transfer shall carry with him to the University to which he is transferred such other conditions of service as may be specified in the order of transfer.[10] [Re numbered by Rajasthan Act 18 of 1984, dated 15-11-1984.]. Reservation of posts.- Notwithstanding anything contained in the relevant law, as from the date of commencement of the Rajasthan Universities Teachers and Officers (Special Conditions of Service) (Amendment) Act, 1984, there shall be reserved by the University-concerned, 16% posts for Scheduled Castes and 12% posts for Scheduled Tribes candidates for appointment to the posts of teachers and officers to be appointed in the University in pursuance of every selection made under this Act:Provided that if, in any selection, persons belonging to such castes or such tribes are not appointed in such percentage as is provided for in this section, whether by reason of their not having applied for selection or by reason of their not having been selected, the number of posts by which such percentage falls short shall be carried forward up to a maximum period of three years.