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NALANDA UNIVERSITY ACT 2010

THE NALANDA UNIVERSITY ACT, 2010
NO. 39 OF 2010
[21st September, 2010.]
An Act to implement the decisions arrived at the Second East Asia Summit held on the
15th
January, 2007, at Philippines and subsequently at the Fourth East Asia Summit
held on the 25th October, 2009, at Thailand for the
establishment of the Nalanda
University in the State of Bihar as an international institution for pursuit of
intellectual, philosophical,
historical and spiritual
studies and for matters connected therewith or incidental thereto.
WHEREAS, the Second East Asia Summit
held on the15th January, 2007 in the city of
Cebu, Republic of Philippines, agreed to strengthen regional educational co-operation
by
tapping the East Asia Region's centres of excellence in education and for the revival of
the Nalanda University located in the
State of Bihar to improve regional understanding
and the appreciation of one another's heritage and history;
AND WHEREAS, the Fourth
East Asia Summit held on the 25th October, 2009 in Hua
Hin, Thailand, supported the establishment of the Nalanda University and encouraged
the
networking and collaboration between the proposed Nalanda University and existing
centres of excellence in the East Asia Summit
so as to participating countries to build a
community of learning where students, scholars, researchers and academicians can work
together symbolising the spirituality that unites all mankind;
AND WHEREAS, it is considered expedient to make provision for implementing
the
decisions arrived at in the aforesaid East Asia Summits for establishment of the Nalanda
University in the State of Bihar and
declare it to be an institution of national importance.
BE it enacted by Parliament in the Sixty-first Year of the Republic of India
as
follows:--
1. Short title and commencement. - (1) This Act may be called the Nalanda University
Act, 2010.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint and different
dates may be appointed for different
provisions of this Act.
2. Declaration of Nalanda University as an institution of national importance.
- Whereas
the objects of the institution known as the Nalanda University are such as to make the
institution one of national importance,
it is hereby declared that the institution known as
the Nalanda University is an institution of national importance.
3. Definitions.
- In this Act, unless the context otherwise requires,--
(a) "Academic Council" means the Academic Council of the University;
(b)
"academic staff" means such categories of staff as are designated as
academic staff by the Statutes;
(c) "Centre" means a centre
established or maintained by the University in any
place in India or in East Asia region for the purposes of coordinating and
supervising
the work of centres in such place or region and for performing such
functions as may be conferred on such centre by the Governing
Board;
(d) "East Asia region" means the region comprising the territories of the
Member States of the East Asia Summit;
(e) "employee"
means any person appointed by the University and includes
teachers and other staff of the University;
(f) "Faculty" means a Faculty
of the University;
(g) "Finance Officer" means the Finance Officer of the University appointed
under section 17;
(h) "Governing Board"
means the Governing Board of the University
constituted under section 7;
(i) "Hall" means a unit of residence, by whatever name called,
for students of
the University provided, maintained or recognised by it;
(j) "Member States" means the Member States of the East
Asia Summit;
(k) "Nalanda Mentor Group" means the group of persons constituted by the
communication dated the 28th June, 2007 of
the Government of India in the
Ministry of External Affairs, inter alia, to examine the framework and structure of
International
co-operation and partnership which would govern the establishment of the
University;
(l) "Ordinances" means the Ordinances of the
University;
(m) "prescribed" means prescribed by Statutes, Ordinances or by Regulations;
(n) "recognised institution" means an institution
of higher learning maintained
or recognised by, or associated with, the University;
(o) "Registrar" means the Registrar of the University
appointed under
section 16;
(p) "Regulations" means the Regulations of the University;
(q) "School" means a school of studies of
the University;
(r) "Statutes" means the Statutes of the University;
(s) "teacher" means professor, associate professor, assistant
professor and
research staff of the University appointed or recognised by the University for
imparting instructions or conducting
research in the University or for giving
guidance to students for pursuing any course of study of the University and are
designated
as teachers by the Statutes;
(t) "University" means the Nalanda University established and incorporated
under section 4.
4. Establishment
and incorporation of Nalanda University. - (1) The University of
Nalanda in the State of Bihar, established under the University
of Nalanda Act, 2007,
shall be established as a body corporate under this Act by the name of "Nalanda
University".
(2) The first
Visitor, the first Chancellor, the first Vice-Chancellor, the first members of
the Governing Board and the Academic Council, and
all persons who may hereafter
become such officers or members, so long as they continue to hold such office or
membership, shall
constitute the University.
(3) The University shall have perpetual succession and a common seal and shall sue and
be sued by the
said name.
(4) The Headquarters of the University shall be in the district of Nalanda in the State of
Bihar.
(5) The University may
establish or maintain centres at such other places in India as it
may deem fit:
Provided that the University may, with the approval
of the Governing Board, establish
study centres outside India.
5. Effect of establishment of University. - On and from the date of commencement of
this
Act,--
(a) any reference to the University of Nalanda in any contract or other
instrument shall be deemed as a reference to the University;
(b) all property, movable and immovable, of or belonging to the University of
Nalanda shall vest in the University;
(c) all rights
and liabilities of the University of Nalanda shall be transferred to,
and be the rights and liabilities of, the University;
(d) every
person employed by the University of Nalanda immediately before
the commencement of this Act shall hold his office or service in
the University by
the same tenure, at the same remuneration and upon the same terms and conditions
and with the same rights and privileges
as to pension, leave, gratuity, provident fund
and other matters as he would have held the same if this Act had not been enacted,
and shall continue to do so unless and until his employment is terminated or until
such tenure, remuneration and terms and conditions
are duly altered by the Statutes:
Provided that if the alteration so made is not acceptable to such employee, his
employment may
be terminated by the University in accordance with the term of the
contract with the employee or, if no provision is made therein
in this behalf, on
payment to him by the University of compensation equivalent to three months'
remuneration in case of permanent
employees and one month's remuneration in the
case of other employees:
Provided further that every person employed before the commencement
of this
Act, pending the execution of a contract under section 33, shall be deemed to have
been appointed in accordance with the
provisions of a contract consistent with the
provisions of this Act and the Statutes:
Provided also that any reference, by whatever
form of words, to the Visitor,
Chancellor or Vice-Chancellor of the University of Nalanda in any law for the time
being in force,
or in any instrument or other document, shall be construed as a
reference respectively to the Visitor, Chancellor or Vice-Chancellor
of the
University;
(e) the Visitor of the University of Nalanda, appointed under the provisions of
the University of Nalanda Act,
2007 shall be deemed to have been appointed to be
the nominee of the Visitor and such nominee be also the first Visitor under this
Act
for a period of five years from the date of commencement of this Act;
(f) the Chancellor of the University of Nalanda, appointed
under the provisions
of the University of Nalanda Act, 2007 shall be deemed to have been appointed as
the Chancellor under section
14 of this Act, and shall hold office for a period of
three years from the date of commencement of this Act;
(g) the Vice-Chancellor
of the University of Nalanda, appointed under the
provisions of the University of Nalanda Act, 2007 shall be deemed to have been
appointed as the first Vice-Chancellor under this Act, and shall hold office for a
period of five years from the date of commencement
of this Act; and
(h) all Colleges, Institutions, Faculties and Departments affiliated to, or
admitted to the privileges of, or maintained
by, the University of Nalanda shall stand
affiliated to, or admitted to the privilege of, or maintained by, the University.
6. Jurisdiction.
- The jurisdiction of the University shall extend to whole of India and to
centres established within or outside India.
7. Governing
Board. - (1) There shall be a Governing Board of the University consisting
of the following persons as its members, namely:--
(a)
the Chancellor;
(b) the Vice-Chancellor;
(c) five members from amongst the Member States which provide maximum
financial assistance
during a period of three years to be nominated by the Member
States;
(d) one member, not below the rank of Secretary in the Ministry
of External
Affairs, to be nominated by the Central Government;
(e) two members, representing the State Government of Bihar, to be
nominated
by the State Government;
(f) one member not below the rank of Additional Secretary in the Ministry of
Human Resource Development, to be nominated
by the Central Government;
(g) three members from amongst the persons being renowned academician or
educationist, to be nominated
by the Central Government.
(2) Each member of the Governing Board referred to in clauses (c) to (g) of sub-
section (1), shall hold
office for a fixed term of three years.
(3) The Chancellor shall be the Chairperson of the Governing Board.
(4) The member, being
the Secretary in the Ministry of External Affairs, nominated
under clause (d) of sub-section (1), shall be the Member-Secretary of
the Governing
Board.
(5) Subject to the provisions of this Act, the Statutes and the Ordinances made
thereunder, the Governing Board
may regulate its own procedure (including quorum) for
the conduct of its meetings.
8. Powers and functions of Governing Board. -
(1) The Governing Board shall be
responsible for all the policies and directions of the University and management of its
affairs.
(2) The Governing Board shall exercise such powers as may be prescribed by the
Statutes:
Provided that the Nalanda Mentor Group shall
exercise the powers and discharge the
functions of the Governing Board for a period of one year or till such time the members
referred
to in clauses (c) to (g) of sub-section (1) of section 7 are nominated, whichever is
earlier.
9. Objectives of University. - (1)
The objectives of the University shall be--
(a) to impart education and to enable research towards capacity building of the
Member
States in the domain of ancient science (in particular, practised in the
Nalanda several centuries ago), philosophy, language, history
and other areas of
higher learning vital for improving the quality of life;
(b) to contribute to the promotion of regional peace
and vision by bringing
together the future leaders of the East Asia, who by relating to their past history can
enhance their understanding
of each others' perspectives and to share that
understanding globally;
(c) to harmonise the academic standards and accreditation
norms in teaching,
research and curriculum that are acceptable to all Member States;
(d) to create a unique partnership between the
scholars and interested persons
from the Member States;
(e) to understand Buddha's teachings in the contemporary context without
excluding any other thoughts and practices from any other parts of the world;
(f) to enhance research for greater interaction between
Asian countries,
particularly between East Asia, bound by strong historical commonalities in areas
like trade, science, mathematics,
astronomy, religion, philosophy and cross-cultural
current;
(g) to foster in the students and scholars the spirit of accommodation,
understanding and thus to train them to become exemplary citizens of democratic
societies;
(h) to contribute to the improvement of
the educational system of the Member
States in view of the teaching in Nalanda several centuries ago;
(i) to provide education and
training in various arts, crafts and skills of the
Member States, raising their quality and improving their availability to the people.
(2) The University shall be non-profit public-private partnership, which shall seek
support from each of the Member States and from
other sources but shall be
autonomous and accountable to the Governing Board.
10. Powers of University. - The University shall have
the following powers, namely:--
(i) to make provision for providing, upgrading and promoting holistic and
inclusive education and
training and research in such education as set out in the
objects, and to create an enabling and conducive environment for the pursuit
of such
education in close co-operation with other experts, scholars and interested persons in
India, Asian countries and other countries;
(ii) to set up a consortium of international partners and friendly countries in
furtherance of the objects of the University;
(iii)
to generate and maintain resources through consultancy services,
continuing education programmes, national and international collaborations and
intellectual
property rights;
(iv) to provide for instruction in such branches of learning as the University
may, from time to time, determine
and to make provisions for research and for the
advancement and dissemination of knowledge;
(v) to establish such special centres
and specialised laboratories and such other
units for research and instruction as are necessary for the furtherance of its objects;
(vi) to plan and prescribe courses of study for degrees, diplomas, certificates or
for any other purpose;
(vii) to hold examinations
and grant diplomas or certificates to, and confer
degrees and other academic distinctions on, persons who have pursued a course of
study or conducted research, in the manner laid down by the Statutes and
Ordinances;
(viii) to confer honorary degrees or other academic
distinctions in the manner
prescribed by the Statutes;
(ix) to institute Professorships, Readerships and Lecturerships and other
teaching and academic positions, required by the University and to appoint persons
to such Chairs, Professorships, Readerships and
Lecturerships and other teaching
and academic positions;
(x) to appoint visiting professors, Emeritus professors, consultants, scholars
and
such other persons who may contribute to the advancement of the objects of the
University;
(xi) to recognise persons as professors,
associate professors, or assistant
professors or otherwise as teachers of the University;
(xii) to create administrative and other
posts as the University may deem
necessary from time to time and to make appointments thereto;
(xiii) to lay down conditions of service
of all categories of employees,
including their code of conduct;
(xiv) to establish and maintain centres in India or outside India,
as may be
determined from time to time;
(xv) to admit to its privileges institutions situated within its jurisdiction as the
University
institutions and to withdraw all or any of those privileges in accordance
with such conditions as may be prescribed by the Statutes;
(xvi) to co-operate or collaborate or associate with any other University or
authority or institution of higher learning or any other
public or private body, having
in view the promotion of purposes and objects similar to those of the University, in
such manner as
may be prescribed and for such purposes as may be determined or
agreed upon by the University;
(xvii) to determine standards of admissions,
including examination, evaluation
or any other method of testing, to the University, and the institutions maintained by
or admitted
to the privileges of the University;
(xviii) to demand and receive payment of fees and other charges as may be
prescribed;
(xix)
to establish Halls and to recognise, guide, supervise and control Halls not
maintained by the University and other accommodation
for students, and to
withdraw any such recognition;
(xx) to make arrangements for promoting health and general welfare of students
and employees of the University;
(xxi) to regulate and enforce discipline among the students and the employees,
and to take such
disciplinary measures in this regard as may be deemed by the
University to be necessary;
(xxii) to institute and award Fellowships,
Scholarships and Prizes;
(xxiii) to receive benefactions, donations and gifts in accordance with the
Ordinances and to acquire, hold,
manage and dispose of any property, movable or
immovable, including trust and endowment properties, for the purposes or objects of
the University and to invest funds in such manner as it deems fit;
(xxiv) to borrow, with the approval of the Governing Board;
(xxv)
to recognise for any purpose, either in whole or in part, any institution or
members or students thereof on such terms and conditions
as may, from time to
time, be prescribed and to withdraw such recognition;
(xxvi) to make provision for research and advisory services
and for that purpose
to enter into such arrangements with other institutions or bodies as it may deem
necessary;
(xxvii) to provide for the printing,
reproduction and publication or research and
other work which may be required by the University;
(xxviii) to exercise such other
powers accorded to it and to do all such other
acts as may be necessary, incidental or conducive to the promotion of all or any of
the objects of the University.
11. University open to all persons. - The University shall be open to all persons
irrespective of
gender, caste, creed, disability, ethnicity or socio-economic background.
12. Visitor. - (1) The President of India shall be the
Visitor of the University:
Provided that the President may, by order, nominate any person to be the Visitor and such
person so nominated
shall hold office for such term, not exceeding five years as may be
specified in the order and the person so nominated shall exercise
the powers and
discharge duties of the Visitor.
(2) The Visitor may, from time to time, appoint one or more persons to review the
work and progress of the University and to submit a report thereon; and upon receipt of
that report, the Visitor may, after obtaining
the views of the Governing Board thereon
through the Vice-Chancellor, take such action and issue such directions as he considers
necessary in respect of any of the matters dealt with in the report and the University shall
be bound to comply with such directions.
(3) The Visitor shall have the right to cause an inspection to be made, by such
person or persons as he may direct, of the University,
its buildings, libraries, laboratories
and equipments, and of any institution or centre maintained by the University or admitted
to its privileges, and also of the examinations, teaching and other work conducted or done
by the University and to cause an inquiry
to be made in respect of any matter connected
with the University.
(4) The Visitor shall, in every case give notice to the University
of his intention to
cause an inspection or inquiry to be made, and the University shall be entitled to appoint
a representative within
thirty days or such other period as the Visitor may determine who
shall have the right to be present and be heard at such inspection
or inquiry.
(5) The Visitor may address the Vice-Chancellor with reference to the result of
inspection and inquiry, and the Vice-Chancellor
shall communicate to the Governing
Board the views of the Visitor with such advice as the Visitor may offer upon the action
to be
taken thereon.
(6) The Governing Board shall communicate through the Vice-Chancellor to the
Visitor, such action, if any, as it proposes
to take or has been taken upon the result of
such inspection or inquiry.
(7) Where the Governing Board does not, within a reasonable
time, take action to
the satisfaction of the Visitor, he may, after considering any explanation furnished or
representation made
by the Governing Board, issue such directions as he may think fit
and the Governing Board shall be bound to comply with such directions.
(8) Without prejudice to the foregoing provisions of this section, the Visitor may,
by order in writing, annul any proceeding of
the University which is not in conformity
with this Act, the Statutes, the Ordinances or the Regulations.
(9) The Visitor shall have
such other powers as may be prescribed by the Statutes.
13. Officers of University. - The following shall be the officers of the
University:--
(1) the Chancellor;
(2) the Vice-Chancellor;
(3) the Registrars;
(4) the Finance Officer; and
(5) such other officers
as may be declared by the Statutes to be the officers of the
University.
14. The Chancellor. - (1) The Chancellor shall be appointed
by the Visitor for such term
and in such manner as may be prescribed by the Statutes.
(2) The Chancellor shall, by virtue of his
office, be the head of the University and
shall, if present, preside at the Convocations of the University held for conferring degrees
and meetings of the Governing Board.
15. The Vice- Chancellor. - (1) The Vice-Chancellor shall be appointed by the Visitor in
such manner, for such term and
on such emoluments and other conditions of service as
may be prescribed by the Statutes.
(2) The Vice-Chancellor shall be the principal
academic and executive officer of the
University, and shall exercise supervision and control over the affairs of the University
and
give effect to the decisions of all the authorities of the University.
(3) The Vice-Chancellor may, if he is of the opinion that
immediate action is
necessary on any matter, exercise any power conferred on any authority of the University
by or under this Act
and shall report to such authority the action taken by him on such
matter:
Provided that if the authority concerned is of the opinion
that such action ought not
to have been taken, it may refer the matter to the Visitor whose decision thereon shall be
final:
Provided
further that any person in the service of the University who is aggrieved by
any action taken by the Vice-Chancellor under this sub-section
shall have the right to
represent against such action to the Governing Board within ninety days from the date on
which such action
is communicated to him and thereupon the Governing Board may
confirm, modify or reverse the action taken by the Vice-Chancellor.
(4) The Vice-Chancellor, if he is of the opinion that a decision of any authority is
beyond the powers of the authority conferred
by the provisions of this Act, the Statutes or
the Ordinances or that any decision taken is not in the interest of the University,
may ask
the authority concerned to review its decision within sixty days of such decision and if
the authority refuses to review
its decision either in whole or in part or no decision is
taken by it within the said period of sixty days, the matter shall be referred
to the Visitor
whose decision thereon shall be final:
Provided that the decision of the authority concerned shall remain suspended
during
the period of review of such decision by the authority or the Visitor, as the case may be,
under this sub-section.
(5) The
Vice-Chancellor shall exercise such other powers and perform such other
functions as may be prescribed by the Statutes and the Ordinances.
16. The Registrar. - (1) The Registrar shall be appointed in such manner and on such
terms and conditions of service as may be prescribed
by the Statutes.
(2) The Registrar shall have the power to enter into, and sign agreements and authenticate
records on behalf of
the University.
(3) The Registrar shall exercise such powers and perform such functions as may be
prescribed by the Statutes.
17.
The Finance Officer. - The Finance Officer shall be appointed in such manner and on
such terms and conditions of service and shall
exercise such powers and perform such
functions as may be prescribed by the Statutes.
18. The Controller of Examinations - The Controller
of Examinations shall be appointed
in such manner and on such terms and conditions of service and shall exercise such
powers and
perform such duties, as may be prescribed by the Statutes.
19. The Librarian. - The Librarian shall be appointed in such manner and
on such terms
and conditions of service, and shall exercise such powers and perform such duties, as
may be prescribed by the Statutes.
20. Other officers. - The manner of appointment, emoluments, powers and duties of the
other officers of the University shall be prescribed
by the Statutes.
21. Privileges and immunities of academic staff, etc. - The members of the academic staff
and, where applicable,
their dependents or members of the family, shall enjoy such
privileges and immunities as the Central Government may, after entering
into an
agreement with the University, notify under section 3 of the United Nations (Privileges
and Immunities) Act, 1947.
22. Authorities of the University. - The following shall be the authorities of the
University:--
(1) the Governing Board;
(2) the
Academic Council;
(3) the Boards of Schools of Studies;
(4) the Finance Committee; and
(5) such other authorities as may be declared
by the Statutes to be the
authorities of the University.
23. The Academic Council. - (1) The Academic Council shall be the principal
academic
body of the University and shall, subject to the provisions of this Act, the Statutes and the
Ordinances, have the control
and general regulation of, and be responsible for, the
maintenance of standards of learning, education, instruction, evaluation and
examination
within the University and shall exercise such other powers and perform such other
functions as may be conferred or imposed
upon it by the Statutes.
(2) The constitution of the Academic Council and the term of office of its members
shall be prescribed by
the Statutes.
24. The School of Studies. - (1) There shall be such number of Schools of Studies as the
University may determine from
time to time.
(2) Without prejudice to the generality of the foregoing provision contained in sub-
section (1), the University shall
have the following Schools, namely:--
(i) Buddhist Studies, Philosophy and Comparative Religions;
(ii) Historical Studies;
(iii)
International Relations and Peace Studies;
(iv) Business Management in relation to Public Policy and Development
Studies;
(v) Languages
and Literature;
(vi) Ecology and Environment Studies;
(vii) any other school as may be prescribed by the Statutes.
(3) Every School
of Studies shall have a Board comprising of such members as may
be prescribed by the Statutes.
(4) The powers and functions of the
Boards of School of Studies 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. - The constitution, powers and functions of
the other authorities
which may be declared by the Statutes to be authorities of the University shall be
prescribed by the Statutes.
27. Statutes. - Subject to the provisions of this Act, the Statutes may provide for all or
any of the following matters, namely:--
(a) the manner of appointment of the Chancellor;
(b) the manner of appointment of the Vice-Chancellor, the term of his
appointment,
the emoluments and other conditions of his service and the powers and
functions that may be exercised and performed by him;
(c) the
manner of appointment of the Registrar, the Finance Officer, the
Controller of Examinations and other officers and terms and conditions
of their
service and the powers and functions that may be exercised and performed by such
officers;
(d) the other authorities of
the University, the terms of office of the members of
such authorities and the powers and functions that may be exercised and performed
by such authorities;
(e) the appointment of teachers and other employees of the University, their
emoluments and other conditions
of service:
Provided that the terms and conditions of teachers and employees shall not be
varied to their disadvantage;
(f) the constitution
of a pension or provident fund and the establishment of an
insurance scheme for the benefit of the employees of the University;
(g)
the principles governing the seniority of service of the employees of the
University;
(h) the procedure for regulating the work of
the Tribunal of Arbitration;
(i) the procedure for the settlement of disputes between the employees or
students of the University,
and the University;
(j) the co-ordination and determination of standards in the University;
(k) Schools of Studies, members of its
Board and the power and functions of
such Board;
(l) all other matters which by this Act are to be, or may be, provided by the
Statutes.
28. Statutes how made. - (1) The first Statutes shall be made by the Governing Board,
with the prior approval of the Visitor, within
six months of the commencement of this
Act, for operation of University.
(2) The Governing Board may, from time to time, make new or additional Statutes
or may amend or repeal the Statutes referred to in sub-section (1):
Provided that the Governing Board shall not make, amend or repeal
any Statute
affecting the status, powers or constitution of any authority of the University until such
authority has been given a
reasonable opportunity to express its opinion in writing on the
proposed changes and any opinion so expressed has been considered
by the Governing
Board.
(3) Every new Statute or addition to the Statutes or any amendment or repeal thereof
shall require the assent
of the Visitor, who may assent thereto or withhold assent or remit
to the Governing Board for reconsideration in the light of the
observations, if any, made
by him.
(4) A new Statute or a Statute amending or repealing an existing Statute shall not be
valid unless
it has been assented to by the Visitor.
(5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor
may direct
the University to make provisions in the Statutes in respect of any matter
specified by him and if the Governing Board is unable
to implement such a direction
within sixty days of its receipt, the Visitor may, after considering the reasons, if any,
communicated
by the Governing Board for its inability to comply with such directions,
make or amend the Statutes suitably.
.
29. Ordinances. -
(1) Subject to the provisions of this Act and the Statutes, the
Ordinances may provide for all or any of the following matters, namely:--
(a) the admission of students, the courses of study and fees therefor, the
qualifications pertaining to degrees, diplomas, certificates
and other courses, the
conditions for the grant of fellowships, awards and the like;
(b) the conduct of examinations, including the
terms and conditions and manner
of appointment of examiners;
(c) any other matter which by this Act or the Statutes is to be, or
may be,
provided for by the Ordinances.
(2) The first Ordinances shall be made by the Vice-Chancellor with the previous
approval
of the Governing Board and the Ordinances so made may be amended, repealed
or added to at any time by the Governing Board, in the
manner prescribed by the Statutes.
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, if any, 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. -
(1) The annual report of the University shall be prepared under the
directions of the Governing Board which shall include, among
other matters, the steps
taken by the University towards the fulfilment of its objectives.
(2) The annual report so prepared shall
be submitted to the Visitor on or before such
date as may be prescribed by the Statutes.
(3) A copy of the annual report so prepared
shall also be submitted to the Member
States and exhibited on the website of the University.
32. Annual accounts, etc. - (1) The
annual accounts and the balance sheet of the
University shall be prepared under the directions of the Governing Board and shall,
once
at least every year, and at intervals of not more than fifteen months, be audited by the
Comptroller and Auditor-General of
India.
(2) A copy of the accounts together with the audit report shall be submitted to the
Visitor along with the observations, if
any, of the Governing Board.
(3) Any observations made by the Visitor on the annual accounts shall be brought to
notice of the Governing
Board and the views of the Governing Board, if any, on such
observations shall be submitted to the Visitor.
(4) A copy of the annual
report and annual accounts together with the audit report,
as submitted to the Visitor, shall also be submitted to the Central Government,
which
shall, as soon as may be, cause the same to be laid before both the Houses of Parliament.
(5) The audited annual accounts, after having been laid before both the Houses
of
Parliament, shall be published in the Gazette of India.
(6) A copy of the audited annual accounts shall also be submitted to the
Member
States.
33. Conditions of service of employees. - (1) Every employee of the University shall be
appointed under a written
contract, which shall be lodged with the University and a copy
of which shall be furnished to the employee concerned.
(2) Any dispute
arising out of the contract between the University and any employee
shall, at the request of the employee, be referred to a Tribunal
of Arbitration consisting of
one member appointed by the Governing Board, one member nominated by the employee
concerned and an umpire
appointed by the Visitor.
(3) The decision of the Tribunal shall be final, and no suit shall lie in any civil court
in respect of
the matters decided by the Tribunal.
(4) Every request made by an employee under sub-section (2), shall be deemed to be
a submission
to arbitration upon the terms of this section within the meaning of the
Arbitration and Conciliation Act, 1996.
(5) The procedure for regulating the work of the Tribunal shall be prescribed by the
Statutes.
34. Procedure of appeal and arbitration
in disciplinary cases against students. - (1) Any
student or candidate for an examination whose name has been removed from the rolls
of
the University by the orders or resolution of the Vice-Chancellor, Disciplinary
Committee or Examination Committee, as the case
may be, and who has been debarred
from appearing at the examinations of the University for more than one year, may, within
ten days
of the date of receipt of such orders or copy of such resolution by him, appeal to
the Governing Board and the Governing Board may
confirm, modify or reverse the
decision of the Vice-Chancellor or the Committee, as the case may be.
(2) Any dispute arising out
of any disciplinary action taken by the University
against a student shall, at the request of such student, be referred to a Tribunal
of
Arbitration and the provisions of sub-sections (2), (3), (4) and (5) of section 33 shall, as
far as may be, apply to a reference
made under this sub-section.
35. Right to appeal. - Every employee or student of the University or of a School of
Studies or Centre
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 Governing Board against the decision of
any
officer or authority of the University or of the Principal or the management of any
School of Studies or Centre or an Institution,
as the case may be, and thereupon the
Governing Board may confirm, modify or reverse the decision appealed against.
36. Provident
and pension funds. - 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.
37. Disputes
as to the constitution of authorities and bodies. - If any question arises as to
whether any person has been duly nominated 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.
38. Filling of casual vacancies. - All the 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 convenient, by the person or body who
appoints, nominates or co-opts
the members whose place has become vacant and any person so 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.
39. Proceedings of authorities or bodies not invalidated by vacancies. - No act or
proceedings of any authority or
any other body of the University shall be invalid merely
by reason of the existence of any vacancy or vacancies among its members.
40. 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 the Ordinances.
41. Power to remove difficulties. - (1) If any difficulty arises in giving effect to the
provisions of
this Act, the Central Government may, by order, published in the Gazette of
India, make such provisions, not inconsistent with the
provisions of this Act, as appears
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 a period
of three years from the commencement of this Act.
(2) Every order made under
this section shall be laid, as soon as may be after it is made,
before each House of Parliament.
42. Statutes, Ordinances and Regulations
to be published in the Official Gazette and to be
laid before Parliament. - (1) Every Statute, Ordinance or Regulation made under this Act
shall be published
in the Gazette of India and the website of the University.
(2) Every Statute, Ordinance or Regulation made under this Act shall be
laid, as soon as
may be after it is made, before each House of Parliament, while it is in session, for a total
period of thirty days
which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately
following the session or
successive sessions aforesaid, both the Houses agree in making any modification in the
Statute, Ordinance
or Regulation or both Houses agree that the Statute, Ordinance or
Regulation should not be made, the Statute, Ordinance or Regulation
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 under that Statute, Ordinance or Regulation.
43. Transitional provisions. - Notwithstanding anything contained in this Act and the
Statutes,--
(a) the first Registrar and the
first Finance Officer shall be appointed by the
Governing Board and each of the said officers shall hold office for a term of three
years;
(b) the first Board of School of Studies shall consist of not more than eleven
members, who shall be nominated by the Governing
Board and they shall hold
office for a term of three years;
(c) the first Academic Council shall consist of not more than nineteen
members, who shall be nominated by the Governing Board and they shall hold
office for a term of three years:
Provided that if any
vacancy occurs in the above offices or authorities, the
same shall be filled by appointment or nomination, as the case may be, by
the
Governing Board, and the person so appointed or nominated shall hold office for so
long as the officer or member in whose place
he is appointed or nominated would
have held office, if such vacancy had not occurred.
44. Repeal of University of Nalanda Act. -
(1) The University of Nalanda Act, 2007 is
hereby repealed.
(2) Notwithstanding such repeal,--
(a) all appointments made, orders
issued, degrees and other academic
distinctions conferred, diplomas and certificates awarded, privileges granted, or
other things
done under the University of Nalanda Act, 2007, shall be deemed to
have been respectively made, issued, conferred, awarded, granted
or done under the
corresponding provisions of this Act and, except as otherwise provided by or under
this Act or the Statutes, continue
in force unless and until they are superseded by any
order made under this Act or the Statutes; and
(b) all proceedings of Selection
Committees for the appointment or promotion
of teachers that took place before the commencement of this Act and all actions of
the
Governing Body in respect of the recommendations of such Selection
Committees where no orders of appointment on the basis thereof
were passed before
the commencement of this Act shall, notwithstanding that the procedure for
selection has been modified by this
Act, be deemed to have been valid but further
proceeding in connection with such pending selections shall be taken in accordance
with the provisions of this Act and be continued from the stage where they stood
immediately before such commencement, except if
the concerned authorities take,
with the approval of the Visitor, a decision to the contrary.
V. K. BHASIN,
Secy. to the Govt. of
India.