Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Ravenshaw University Act, 2005 8 of 2005 [27 July 2005] CONTENTS CHAPTER 1 :- PRELIMINARY 1. Short Title Extent And Commencement 2. Definitions CHAPTER 2 :- THE UNIVERSITY 3. Establishment Of The University 4. Objects 5. Powers Of The University CHAPTER 3 :- AUTHORITIES, OFFICERS AND CHANCELLOR OF THE UNIVERSITY 6. Authorities Of The University 7. Teachers Of The University 8. Officers Of The University 9. The Chancellor 10. The Vice-Chancellor 11. The Registrar 12. The Comptroller Of Finance 13. The Controller Of Examination 14. The Dean Of Students Welfare 15. The Librarian 16. The Senate 17. The Executive Council 18. The Academic Council 19. The Board Of Studies 20. Schools CHAPTER 4 :- STATUTES, REGULATIONS AND ORDINANCES 21. The Statutes 22. Statutes How To Be Made 23. The Ordinance 24. The Regulations CHAPTER 5 :- FINANCE AND ACCOUNTS 25. University Fund 26. The Annual Report 27. Accounts And Audit CHAPTER 6 :- MISCELLANEOUS 28. Disputes As To Constitution Of The University Authorities And Bodies 29. Constitution Of Committees 30. Filling Of Casual Vacancies 3 1 . Proceeding Of The University Authorities And Bodies Not Invalidated By Vacancies 32. Disqualification 33. Super Session Of Authorities And Taking Over Management 34. Removal Of Difficulties 35. Transitional Provision 36. Exclusion Of Jurisdiction Of Utkal University Ravenshaw University Act, 2005 8 of 2005 [27 July 2005] AN ACT TO PROVIDE FOR CONVERTING RAVENSHAW COLLEGE (AUTONOMOUS COLLEGE) INTO A UNITARY UNIVERSITY AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO Be it enacted by the Legislature of the State of Orissa in the Filty-sixth Year of the Republic of India as follows:- * For the Bill, see Orissa Gazette. Extraordinary, dated the 31st March 2005 (No.544) CHAPTER 1 PRELIMINARY 1. Short Title Extent And Commencement :- (1) This Act may be called the Ravenshaw University Act. 2005 (2) It shall extend to the geographical areas of the Ravenshaw College. Cuttack and such other areas within the jurisdiction of Cuttack Municipal Corporation as the State Government may notify (3) It shall come into force on such date as the State Government may by notfication appoint. 2. Definitions :- In this Act unless the context otherwise requires-- (a) "Academic Council" means the Academic Council of the University (b) "Board of Studies" means the Board of Studies of the University; (c) "Chancellor" means the Chancellor of the University: (d) "Department" means teaching units of the University in different subjects consisting of teaching and non-teaching stall and Undergraduate and Post-graduate students including Research Scholars: (e) "Employee" means every person in the whole-time employment of the University; (f) "Executive Council" means the Executive Council of the University, (g) "Government" means the Government of Orissa; ( h ) "Hostel" means a unit of residence tor students of the University controlled or recognized by the University, (I) "Institute" means an Institute, College or Center which is a constituent of other Universities; (j) "Other Universities" means the University established under the Universities Act of States or of Union of India and that of Foreign Countries; (k) "Prescribed" means prescribed by Statutes. Regulations or Ordinances of the University; ( l ) "School" means a School of studies, special centers and specialized laboratories as may be specified under section 18 of this Act; (m) "section" means a section of this Act; (n) "Senate" means a Senate of the University; (o) "State" means the State of Orissa; (p) "Statutes". "Regulations" and "Ordinances" means respectively the "Statutes". "Regulations" and "Ordinances" of the University made under this Act: (q) "Teacher" means a Professor, Reader. Lecturer or such other persons imparting instruction or conducting or supervising research either in the Schools or in the Departments of the University; (r) "University" means the Ravenshaw University established and incorporated as a University under this Act; and (s) "Vice-Chancellor" means the Vice-Chancellor of the Ravenshaw University CHAPTER 2 THE UNIVERSITY 3. Establishment Of The University :- (1) For the purpose of this Act, the State Government shall by notification establish a University known as the Ravenshaw University, which shall be a body corporate with perpetual succession and a common seal with power to acquire and hold property, movable and immovable, and shall by the said name be entitled to sue and be sued. (2) The jurisdiction of the University shall extend over all that is presently comprised of Ravenshaw College to be recognized, restructured and renamed in a notification to be issued by the Government under sub-section (1) and to all Schools of studies and Department to be established by the University with prior permission of the Government. (3) The Raveshaw University shall be founded exclusively as a non- affiliating unitary University. (4) The Headquarters of the University shall be at Cuttack. 4. Objects :- (1) The objects of the University shall be-- ( a ) to disseminate and advance knowledge, wisdom and understanding by teaching and research and by the example and influence of its corporate life. (b) to promote education in accordance with universal declaration of human rights, improving the quality of education through the diversification of contents and methods and promotion of universally shared values, promoting principles and ethical norms to guide scientific and technological development and social transformation, improving human security by better management of environment and social change enhancing scientific, technical and human capacities; (c) to participate in emerging knowledge societies, protecting cultural diversity and encouraging pluralism and dialogues among culture and civilization. (d) to enchance linkage between culture and development through capacity building and sharing of knowledge and promoting the free flow of ideas and universal access to information; (e) to promote the study for sustainable development, national integration, social justice, secularism, democratic way of life, international understanding and scientific approach to the problems of society by providing right kind of work ethos, professional expertise and leadership in ail walks of life. (2) Towards this end. the University shall-- (a) set-up departments for Science and Technology keeping in view the rapid changes in the field of science, the market demand for providing self-employment to the pass outs, along with wide scope for research facility to make the departments learning centers of excellence; (b) foster the composite culture of India and establish such Departments or Schools In the University as may be required for the study and development of the languages, art and culture of India; (c) take special measure to facilitate students and teachers from all over India and abroad to join the University and participate in its academic programmes; (d) promote among the students and teachers an awareness and understanding of the social needs of the country and prepare them for fulfilling such need; (e) make special provision for intergrated courses in humanities, education, management, science and technology in the educational programmes of the University; (f) take appropriate measures for promoting inter-disciplinary studies in the University; (g) establish such Departments or Schools in the University as may b e necessary for the study of languages, literature and life of foreign countries with a view to inculcating in the students a world perspective and international understanding; (h) provide facilities for students and teachers from other countries t o participate in the academic programmes and life of the University. 5. Powers Of The University :- The University shall have the following powers, namely :-- (i) to provide for insturction including various methods of learning and instructions and to make provisions for research and advancement of knowledge; (ii) to establish such other units for research and instruction as are necessary for furtherance of its objects; (iii) to organise and to undertake teaching, research and extension programmes; (iv) to hold examinations and grant diplomas or certificates and confer degrees and other academic distinctions on persons and to withdraw any such diplomas, certificates, degree or other academic distinctions for good and sufficient cause, (v) to confer honorary degrees or other academic distinctions in the manner laid down in the statutes; (vi) to create such teaching, administrative and other posts as the Univesity may deem necessary, from (sic) to time, and to till up such posts with the permission of Government; (vii) to appoint persons as Professors, Readers or Lecturers or otherwise as teachers of the University, (viii) to institute and award fellowship, scholarships, medals and prizes; ( i x ) to establish and maintain Departments or Schools and administrative set up to recognise, guide, supervise and control over the movable and immovable properties: (x) to regulate and enforce discipline among students, teachers, officers and employees of the University and to take such measures as may be deemed necessary in this regard; (xi) to make arrangements for promoting health and general welfare of students and employees of the University; (xii) to determine standards for admission to the University, which may include examination, evaluation or any other method of testing; (xiii) to make contract for the purpose of transfer of technology either in whole or in part with any other institution or organisation on such terms and conditions as may be required from time to time, to raise funds of the University; (xiv) to co-operate or associate with any other University, authority, body in or outside the University area which may have been formed for advancement of learning, science or research or for the dissemination of knowledge or tor the physical and moral welfare of students, in such manner and for such purpose as the University may prescribe from time to time: (xv) to enter Into any agreement with any other institution or organisation to transfer knowledge through distance mode; (xvi) to demand, and receive fees and other charges as may be prescribed by the University from time to time: (xvii) to receive donations and to acquire, hold, manage and dispose of any property movable or immovable, including trust or endowed properly within or outside the State of Orissa. for the purpose or objects of the University, and to invest tunas in such manner as the University may deem fit; (xviii) to make provision for research and advisory services and for t h a t purpose to enter Into such arrangements with other institutions or bodies as the University may deem necessary; (xix) to provide tor the printing, reproduction and publication of research and other work which may be issued by the University; (xx) to borrow, with the approval of the State Government, on the security of the University property, money for the purpose of the University, and (xxi) to do such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University. CHAPTER 3 AUTHORITIES, OFFICERS AND CHANCELLOR OF THE UNIVERSITY 6. Authorities Of The University :- The following shall be the authorities of the University:-- (a) The Senate: (b) The Executive Council: (c) The Academic Council (d) The Board of studies: and (e) such other authorities as may be declared by the Statutes to be the authorities of the University 7. Teachers Of The University :- The following shall be the teachers of the University:-- (a) Professors; (D) Readers: (C) Lecturers: and (d) such other teachers as may be prescribed to be the teachers of the University 8. Officers Of The University :- The following shall be the officers of the University :-- (a) The Vice-Chancellor: (b) The Registrar. (c) The Comptroller of Finance. (d) The Controller of Examinations: (e) The Dean of Students Welfare : (f) The Librarian and (g) such other officers as the Statutes may declare. 9. The Chancellor :- (1) The Governor of Orissa shall be the Chancellor of the University. (2) The Chancellor shall by virtue of this office be the Head of the University and shall when present, preside over the convocations of the University convened for the purpose of conferring degrees or for any other purpose. (3) Every proposal for conferment of an honorary degree shall be subject to confirmation by the Chancellor. (4) The Chancellor shall decide all disputes with regard to the election. nomination or selection of members of the authorities of the University and his decision shall be final. (5)The Chancellor shall have the right,-- (a) to make an inspection or cause an inspection to be made by such person or persons as he may direct of the University, its b u ild in g s. laboratories. workshops and equipment and Departments/Schools of the University and of any examination, teaching or other work conducted or done by the University, and (b) to make an enquiry or cause an enquiry to be made in like manner in respect of any matter connected with the University, and in The Chancellor every such case, he shall give notice to the Vice- Chancellor of the University to make an inspection or enquiry or to cause an inspection or enquiry to be made and the University shall be entitled to be represented thereat: Provided that the person entrusted with such enquiry or inspection by the Vice-Chancellor shall not be below the rank of Registrar. (6) The Chancellor may. with reference to the result of such inspection or enquiry, direct the concerned authority or authorities of the University or the Vice-Chancellor, as the case may be to take such remedial measures as he deems necessary within such period not being later than six months from the date of receipt of the direction as he may fix in that behalf. (7) The concerned authority or authorities of the University or the Vice-Chancellor, as the case may be, shall report to the Chancellor such action, it any as they have taken or propose to take consequent upon the result of such inspection or enquiry and such report shall be submitted to the Chancellor within the period fixed by him under sub-section (6). (8) If the concerned authority or the Vice-Chancellor, as the case may be fails to comply with the direction issued by the Chancellor within the period fixed under sub-section(6) or within such further period not being later than three months as the Chancellor may allow in that behalf, the Chancellor may take such remdial measures or pass such order as he deems proper. (9) The Chancellor shall be competent to issue directions or instructions consistent with the provisions of this Act and Statutes on any matter connected with the University when any authority or Vice-Chancellor fails to act in accordance with the provisions of the Act. Statutes or the Regulations. (10) The Chancellor may direct or instruct in writintg to annul any proceeding of the Senate, Executive Council, Academic Council or any other authority which is not in conformity with this Act the Statutes, the Regulations or the directions issued under sub-section (9): Provided that before making any such order he shall call upon the authority concerned to show cause as to why such an order shall not be made and if any cause is shown within a reasonable time, he shall after giving an opportunity of hearing as deemed proper, consider the same. 10. The Vice-Chancellor :- (1) The Vice-Chancellor shall be a whole time officer of the University and shall be appointed by the Chancellor from a panel of three names recommended by a Committee consisting of three members, one nominated by the University Grants Commission, one elected by the Executive Council and one nominated by the Chancellor. The Chancellor shall designate one of the members as Chairman of the Committee. (2) No person shall be eligible to be a member of the Committee, if he/she is (a) a member of any of the authorities of this University, or (b) an employee of this University, or (c) an employee of any college/institution maintained or recognized by or affiliated to any other University in the State of Orissa. (3) The business of the Committee shall be conducted in such manner as may be prescribed. (4) If the persons approved on priority basis by the Chancellor, out o f the panel so recommended, are not willing to accept the appointment, the Chancellor may call for a fresh panel of three different names from the said Committee or if the Chancellor is of the opinion that none of the persons out of the said panel is suitable for appointment as Vice-Chancellor, the Chancellor may take steps to constitute another Committee to give a fresh panel of three different names and shall appoint one of the persons named in the fresh panel as the Vice-Chancellor (5) The term of office of the Vice-Chancellor shall be three years from the date he assumes office or on attainment of sixty-live years of age whichever is earlier: Provided that no person shall be appointed as Vice-Chancellor for more than two terms. (6) The Chancellor may extend from time to time the term of office of the Vice-Chancellor for a total period not exceeding six months without following the procedure laid down in sub-section (1). (7) In case the office of the Vice-Chancellor falls vacant due to the absence of the Vice-Chancellor, the Chancellor shall appoint a person on such terms and conditions as he deems necessary to act as the Vice-Chancellor and such person shall be entitled to all emoluments attached to the office. (8) In case the office of the Vice-Chancellor falls vacant due to any other reason, the vacancy shall be filled up in the manner specified in sub-section(1)and the person appointed to fill up such vacancy shall be eligible for re-appointment in accordance with the provisions contained in sub-section (5): Provided that where it is not reasonably practicable to fill up the vacancy in the manner aforesaid immediately after it occurs, the Chancellor may appoint a person to act as the Vice-Chancellor for such period, not exceeding six months as he/she may fix and the person so appointed shall exercise the powers and perform the functions of the Vice-Chancellor and shall be entitled to all emoluments attached to the office. (9) The Executive Authority of the University shall vest in the Vice- Chancellor. (10) The Vice-Chancellor of the University shall, when present preside over the meetings of the Senate, the Executive Council and the Academic Council or in every meeting of any other authority of which he is a member and in the absence of the Chancellor, shall also preside over the convocations of the University. (11) The conditions of service such as salary and allowances of the Vice-Chancellor of the University shall be such as may be prescribed. (12) Subject to availability of funds in the budget, the Vice- Chancellor of the University shall have power to sanction, after obtaining the opinion of the Comptroller of Finance, expenditure up to such sum as may be prescribed during the course of a financial year and shall make a report of all such expenditure to the Executive Council at the earliest opportunity. (13) If the Vice-Chancellor of the University is of the opinion that any order or decision in respect of any matter which is required under the provisions of this Act or the Statutes to be passed or made by any authority of the University, is necessary to be passed or made immediately and it is not practicable to convene a meeting of the concerned authority for that purpose, he/she may pass such order or take such decision as the case may be and place before the concerned authority at its next meeting for ratification, and where the authority differs from the Vice-Chancellor, the matter shall be referred to the Chancellor, whose decision thereon shall be final: Provided that if the matter involves any financial transaction, the Vice-Chancellor shall, before passing such order or taking such decision, obtain the opinion of the Comptroller of finance, but the Vice-Chancellor is at his discretion to differ from such opinion if he/she deems it so fit alter recording his/her reasons thereof. ( 1 4 ) The Vice-Chancellor of the University shall review the performance of teachers and officers of the University annually and submit a report thereon to the Chancellor in the manner prescribed. (15) The Vice-Chancellor snail have the powers,-- (a) to require the teachers of the Departments/Schools of the University to report him/her all academic aspects including, it any, about the conduct of (sic) examinations and (b) to give such directions to the Officers-in-Charge of such examinations, as he/she deems necessary, in consultation with the Controller of Examinations. (16) The Vice-Chancellor shall inspect the Departments/Schools of the University as and when he/she feels necessary and at least once in a year. (17) The Chancellor may, at any time, by an order in writing remove the Vice-Chancellor of the University from office if in his opinion it appears that his continuance in office is detrimental to the interests of the University: Provided that no such removal shall be made without holding an enquiry being conducted by a Committee consisting of at least three members not below the rank of a Vice-Chancellor. (18) From the date specified in the order made under sub-section (17) the Vice-Chancellor shall be deemed to have relinquished the office and the office of the Vice-Chancellor shall fall vacant. 11. The Registrar :- (1) The Registrar shall be appointed by the Chancellor on tenure basis for a period of three years on the recommendation of the State Government. He shall be a whole time officer of the concerned University and shall act as a member of the Senate, Executive Council and the Academic Council of the University. No person will be appointed as the Registrar of the University unless he/she is holding the post of a Professor or Senior Reader or any equivalent post with at least fifteen years of experience in research, teaching and educational administration including five years teaching experience in postgraduate classes or who is a member of Indian Administrative Service/Orissa Administrative Service not below the rank of Deputy Secretary to Government. (2) The Registrar shall subject to the control of the Vice-Chancellor -- (a) manage the properties and investments of the University; (b) remain in custody of the properties and funds of the University. (c) remain in custody of the records, the common seal and such other property of the University as the Vice-Chancellor shall commit to entrust him; (d) sign all contracts made on behalf of the University; (e) ensure that ail moneys are expended for the purpose for which the funds are granted or allotted by the appropriate authority; (f) to exercise and perform such other powers and duties as may be prescribed by the Statutes and Regulations and as may, from time to time, be assigned to him by the Senate, the Executive Council and the Academic Council. (3) The Registrar shall generally under such assistance to the Vice- Chancellor as may be required by him/her in the performance of his/her duties. (4) The Registrar shall have the right to speak and otherwise take part in the proceeding at a meeting of any of the authorities of the University but shall not be entitled to vote at any such meeting. 12. The Comptroller Of Finance :- (1) The Comptroller of Finance shall be appointed by the Chancellor in consultation with the State Government from among the officers of the Orissa Finance Service and shall be a whole time officer of the University (2) The salary, allowances and other dues of the Comptroller of Finance shall be paid by the University. (3) The Comptroller of Finance shall, subject to the control of the Vice-Chancellor-- (a) be responsible for the proper investment of the funds of the University; (b) exercise general supervision of such funds; (c) tender advice with regard to financial transactions of the University: (d) be responsible for preparation and presentation of the annual financial estimate and statements of accounts for presentation by the Vice-Chancellor before the Senate and the Executive Council; (e) ensure that all moneys are expended for the purpose for which they are granted or allotted by the appropriate authority (f) examine the statements of accounts of the University and submit a report on such examination to the Executive Council; and (g) shall exercise such other powers and perform such other functions as may be prescribed. (4) The Comptroller of Finance shall be responsible to the Vice- Chancellor for ensuring that no expenditure outside the budget is incurred by the University other than by way of investments and shall disallow any expenditure which is not permissible under the Statutes. (5) The Comptroller of Finance shall have the right to speak and otherwise take part in the proceedings of the Senate and the Executive Council as and when required, and in all such cases, his advice shall be recorded in the proceedings of the Executive Council as the case may be but he/she shall not be entitled to vote. (6) The advice of the Comptroller of Finance on all financial matters shall be taken before they are given effect to and save as provided in the provision of sub-sections (12) and (13) of section 10 wherever a decision is taken to the contrary in respect of any expenditure exceeding thirty thousand rupees, it shall be reported to the Chancellor. 13. The Controller Of Examination :- (1) The Controller of Examinations shall be appointed by the Executive Council from amongst the Readers of the University or Readers of the Orissa Education Service for a period of 3 (three) years only. He/she shall be a whole time officer of the University He/she shall perform duties as may from lime to time be assigned to him/her by the Executive Council and Vice-Chancellor. He/she shall be responsible for the preparation of question papers fixation of time schedule for the examination, valuation, publication of results, issue of certificates and such other works related to examinations. (2) He/she shall be in charge of conduct of examinations of the University and matters relating thereto and shall perform such other duties as may be prescribed by the Statute or Ordinance or may be required by the Vice-Chancellor. 14. The Dean Of Students Welfare :- (1) The Dean of students welfare shall be a whole time officer of the University and shall be appointed by the Executive Council for a period of three years on the recommendation of the Executive Council. (2) The selection, terms of office, emoluments and other conditions of service of the Dean of the students welfare shall be such as may be prescribed by the Statute. (3) He shall exercise such powers as may be prescribed by the Statute, Ordinance and Regulations, from time to time. 15. The Librarian :- (1) The Librarian shall be a whole time officer of the University and shall be selected by a duly constituted Selection Committee and appointed by the Executive Council of the University (2) He shall exercise such powers and discharge such duties as may be prescribed by the Statute and Regulations from time to time. 16. The Senate :- (1) The Senate shall exercise and perform the following powers and (functions, namely :-- (i) to review policies and programmes of the University and suggest measures for its improvement and development, (ii) to consider the annual report, annual accounts and audit report of the University and to pass resolutions thereon; and (iii) to exercise such other powers and perform such other functions as may be prescribed. (2) The Senate shall be composed of the following, namely :-- (a) The Vice-Chancellor of the University; (b) The Vice-Chancellor of the Utkal University; (c) The Secretary. Higher Education. Government of Orissa; (d) The Director. Higher Education, Government of Orissa; (e) The Registrar of the University; (f) The Dean of Students Welfare of the University; (g) The Comptroller of Finance of the University; (h) The Librarian of the University, (i) All Deans of Schools: (j) The Mayor, Cuttack Municipal Corporation; (k) The Controller of Examination of the University; (l) Two members of the Orissa Legislative Assembly to be nominated by the Speaker Orissa Legislative Assembly; (m) Five persons nominated by the Chancellor representing learned professions. Industry, Commerce and Agriculture; and (n) Secretary. Finance Department of Government of Orissa. (3) The Senate shall ordinarily meet once in six months to transact its business. (4) Seven members shall constitute quorum (or meeting of the Senate (5) Members under clauses (a) to (i). (k) and (n) of sub-section (2) shall be ex officio members and the tenure of members under clauses (l) and (m) of sub-section (2) shall be tor a period of three years with eligibility for renomination. 17. The Executive Council :- (1) The Executive Council shall be the Apex Executive Body of the University and shall be in charge of the general management and administration (including the revenue and property) of the University. (2) The Executive Council shall be composed of the following members :-- (i) The Vice-Chancellor; (ii) The Secretary. Higher Education. Government of Orissa or his representative; (iii) The Director. Higher Education; (iv) Director. Technical Education; (v) The Registrar; (vi) The Comptroller of Finance of the University; (vii) The Controller of Examination of the University; (viii) Two Professors to be nominated by the Academic Council; (ix) Two eminent persons to be nominated by the Chancellor from a m o n g scientists, industrialists, administrators, educationists, lawyers and legal academics; (x) Local member of Parliament; and (xi) Local member of Orissa Legislative Assembly. (3) Serial Nos. (i) to (vii). (x) and (xi) above are ex officio members and serial No. (v) shall act as the Secretary of the Executive Council, whereas tenure of members at serial Nos. (viii) and (ix) shall be for a period of three years with eligibility for renomination. (4) The Council shall ordinarily meet once in a month to transact its business. (5) Five members shall constitute the quorum for the meetings of the Council. (6) Subject to the provisions of the Act and the Statutes, the Council shall exercise and perform the following powers and functions, namely:-- (i) to exercise the executive powers of the University including the general superintendence and control over its Department/Schools; (ii) to constitute Schools of the University with prior approval of the Government; (iii) to make Statutes and Regulations with approval of the Government; (iv) to hold control and administer the properties and funds of the University including investment of money in such stocks, funds shares or securities as deemed fit; (v) to provide buildings, premises, furniture, apparatus and other requisites for carrying on the work of the University and to that end enter into, carry out and cancel contracts on behalf of the University; (vi) to direct the form and use of the common seal of the Univesity; (vii) to establish, maintain and manage departments and institutions of research and other advanced centers of learning as it may from time to time, deem necessary; (viii) to appoint teachers and officers and to prescribe their duties; ( i x ) to create teaching, administrative, ministerial and other necessary posts with the approval of the Government; (x) to suspend, discharge, dismiss or otherwise take disciplinary action against teachers, officers and employees of the University; (xi) to fix and regulate the fees payable by the students; (xii) to create research fellowships, honorary or otherwise; (xiii) to create fellowships, scholarships, bursaries, medals and prizes; (xiv) to exercise supervision and control over the residence and discipline of students; (xv) to consider and pass the financial estimates, the annual accounts together with the audit report and the annual report of the University in accordance with the provision of the Statutes; (xvi) to have overall supervision over conduct of examinations and approval and publication of the results thereof; (xvii) to appoint members to the faculties and Board of Studies; (xviii) to delegate any of its powers to the Vice-Chancellor or any other authorities or officers as it may deem fit; (xix) to accept grants, endowments, bequests, donations and transfers of movable and immovable properties of the University on its behalf; (xx) to negotiate with other Universities and Institutions of the Country for the recognition of the examinations of the University; and (xxi) to exercise such other powers and perform such other duties as may be prescribed by the Statutes. 18. The Academic Council :- (1) The Academic Council shall be apex academic body of the University, and its constitution and the terms of office of its members, other than ex officio members, shall be prescribed by the Statutes. (2) The Academic Council shall, subject to the provision of the Act, the Statutes and the Ordinances, have the control and general regulation, and be responsible for maintenance of standards of teaching, determination and research education and examination within the University, and shall exercise such other powers and perform such other duties as may be prescribed by the Statutes. 19. The Board Of Studies :- (1) There shall be Board of Studies for each branch of study or branches of study as the Academic Council may decide. (2) The constitution, powers and functions of the Board of Studies shall be prescribed by the Statutes. 20. Schools :- (1) The University shall constitute such number of Schools as may be prescribed by the Statutes from time to time and each of such Schools shall subject to the control of the Academic Council, be responsible for the co-ordination of study and research in the branches coming under its purview. (2) Subject to the provisions of the Act. each School shall exercise such powers and perform such duties as may be prescribed by the Statutes. (3) There shall be a Dean for each School, who shall be nominated by the Vice-Chancellor. (4) The Dean of each School shall be responsible for the due observance of the Statutes and Regulations and in guiding the research activities of the faculty. (5) The Dean of the School shall hold office for a term of three years. CHAPTER 4 STATUTES, REGULATIONS AND ORDINANCES 21. The Statutes :- Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:-- (i) the constitution, powers and functions of the authorities and other bodies of the University, the qualifications and disqualifications for membership of such authorities and other bodies, appointment and removal of members thereof and other matter connected therewith; (ii) the appointment, powers and duties of the officers of the University and their emoluments; (iii) the appointment, terms and conditions of service and the powers and duties of the employees of the University; (iv) the administration of the University, the establishment and abolition of Departments/Schools in the University, the institution of fellowships, awards and the like, the conferment of degrees and other academic distinctions and the grant of diplomas and certificates; (v) any other matter which is necessary for the proper and effective management and conduct the affairs of the University and which by this Act is to be or may be provided for by the Statutes. 22. Statutes How To Be Made :- (1) The first Statutes are to be prepared by the Government of Orissa. (2) The Executive Council may from time to time, make new or additional Statutes or may amend or repeal the Statutes in the following manner : Provided that the Executive Council shall not make, any Statutes affecting the Statutes, powers or constitution of any existing authority of the University until such authority has been given an opportunity of expressing an opinion on the proposal, and any opinion so expressed shall be in writing and shall be considered by the Executive Council: Provided further that no Statutes shall be made by the Executive Council affecting the discipline of students, and determination and maintenance of standards of teaching research and examination except after consultation with the Academic Council. (3) Every new Statutes or addition to the existing Statutes or any amendment or repeal of a Statute shall require the approval of the Chancellor who may assent thereto or withhold assent or remit to the Executive Council for reconsideration in the light of the observation, if any, made by him. (4) A new Statutes or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Chancellor. 23. The Ordinance :- (i) 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 to the University the courses of study and the tees therefor, the qualifications pertaining to degrees diplomas, certificates and other academic distinctions. the conditions for the grant of fellowships, awards and the like: (b) the conduct of examinations, including the terms of office and appointment of examiners and the conditions of residence of student and their general discipline: (c) management of the Departments/Schools of the University: and (d) any other matter which, by this Act or the Statutes, is to be or may be provided for by the Ordinances. (2) The first Ordinance shall be made by the Vice-Chancellor with the prior approval of the State Government and the Ordinance so made may be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes. 24. The 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 tor by this Act, the Statutes or the Ordinances in the manner prescribed by the Statutes. CHAPTER 5 FINANCE AND ACCOUNTS 25. University Fund :- (1) The University shall establish a fund to be called the University Fund to which shall be credited, namely:-- (a) any contribution or gram by the State Government, Central Government. University Grants Commission. Industrial Undertakings. Corporations, Companies, Associations, other bodies or local authorities; (b) any income of the University from all sources including income from fees and charges and sale proceeds: (c) bequests, donations, endowments and other grants, if any, received by the University, and (d) miscellaneous receipts (2) The University may from time to time, (sic) such other funds in such name and for such specific purposes as may be decided by the Executive Council with the prior consultations with the Government regarding establishment of such funds. (3) The fund shall be kept in Nationalised or Scheduled Bank or invested in such securities as may be decided by the Executive Council. (4) The funds and all moneys of the University shall be managed in such manners as may be prescribed by the Statutes. (5) The University may with previous sanction of the Government as regards the purpose and amount of loan, and subject to such conditions as may be specified by the Government as to security and rate of interest, borrow any sum of money from any Nationalised Bank or Scheduled Bank or any other corporate body or any financial institution. (6) The University shall prepare the financial estimate of receipts and expenditure of the University in such manner as may be prescribed by the Statute. (7) The Executive Council shall consider the estimates so prepared and approve them with or without modification. (8) The University shall submit such estimates as approved by the Executive Council to the Government for the purpose of providing the annual grant. (9) The Government may pass such order with reference to the said approved estimates as it thinks fit and communicate the same to the University which shall give effect to such order. (10) The Executive Council may, in urgent cases where expenditure in excess of the amounts provided for in the budget is found to be necessary, for reasons to be recorded in writing, incur such expenditure. 26. The Annual Report :- (1) The annual reports of the University shall be prepared under the direction of the Vice-Chancellor and shall be submitted to the Executive Council on or before such date as may be prescribed by the Statutes. and shall be considered by the Academic Council in its annual meeting. (2) The Academic Council may communicate its comments thereon to the Executive Council. 27. Accounts And Audit :- (1) The annual accounts of the University shall be prepared by the Comptroller of Finance under the direction of the Executive Council and all moneys accruing to, or received by the University from whatever sources and all amounts disburshed and paid by the University shall be entered in the Books of Accounts. (2) The accounts of the University shall, at least once in every year and at an interval of not more than fifteen months, be audited in accordance with the provisions of the Orissa Local Fund Audit Act, 1948(Orissa Act 5 of 1949). (3) All reports on audit made under sub-section (2) shall as soon as they are received from the Examiner of Local Accounts, be laid before the State Legislature for a total period of fourteen days which may be comprised in one or more sessions. (4) The Government shall have the power to conduct special audit, if required, in respect of utilisation of funds and the University shall comply with the directions issued by the Government on such audit. (5) The University shall forthwith rectify any defect or irregularity pointed out by the auditors and report the action taken to the Government. CHAPTER 6 MISCELLANEOUS 28. Disputes As To Constitution Of The University Authorities And Bodies :- II any question arises as to whether any person has been duly elected or appointed as or is entitled to be member of any authority or other body of the University the matter shall be referred to the Chancellor whose decision thereon shall he final. 29. Constitution Of Committees :- Where any authority of the University is given power by this Act or the Statutes to appoint Committees shall, save as otherwise provided consist of the members of the authority concerned and of such other persons, it any as the authority in each case may think fit 30. Filling Of Casual Vacancies :- AH casual vacancies among the members (other than ex officio members) of any authority or other body of the University shall be filled up as soon as may be by the person or body who appointed or elected the member whose place has fallen vacant, and the person appointed or elected to a causal vacancy shall be a member of such authority or body tor the remainder of the term for which the person whose place he/she fills up 31. Proceeding Of The University Authorities And 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. 32. Disqualification :- A person shall be disqualified for election, nomination or selection as member of any of the authorities of a University :f he/she.-- (a) is, on the date of election, nomination or selection of unsound mind;or (b) is an uncertified banKrupt or undischarged insolvent; or (c) has been convicted of and sentenced by criminal court to imprisonment for an offence involving moral turpitude; or (d) is being elecred, nominated or selected consecutively tor a second term. Explanation.--For the purpose of this clause the expression "term shall include "part of a term". 33. Super Session Of Authorities And Taking Over Management :- (1) If the State Government after making such enquiry as they deem fit. are satisfied that the management of the University has not been or cannot be carried on in accordance with the provisions of this Act or that there has been such default in the performance of its duties by any of the authorities of the University that the administration of the University is no: likely to promote its objective they may after consultation with the Chancellor, by an order notified in the Gazette (hereinafter referred to as the notified order) takeover the management of the affairs of the University and appoint an Officer to be the Administrator for the University. (2) The notified order shall remain in force for such period, not exceeding one year, as the State Government may specify therein, (3) A copy of every notified order shall, as soon as may be after it is issued, be laid before the State Legislature. (4) Upon issue of the notified order under sub-section (1) -- (a) The authorities of the concerned University shall be deemed to have been superseded and the members thereof holding office immediately before the issue of the notified order shall be deemed to have vacated their offices as such; (b) The concerned Vice-Chancellor shall be deemed to have vacated his office as such ; (c) The powers and functions of the authorities and the Vice- Chancellor shall during the operation of the notified order, be exercised and performed by the Administrator; (d) The Administrator shall for the purpose of signing the diplomas granted by the University, be designated as the Vice-Chancellor thereof; (e) Every person ceasing to hold office as aforesaid and having possession, custody or control of any property of. or any books, documents of other paper relating to the University shall deliver the property, books, documents and other papers to the Administrator or to such person as may be authorised by the Administrator in this behalf; (f) The State Government may take all necessary steps for securing possession of the properties, books, documents and other paper as aforesaid; (g) No person, who ceases to hold office by reason of the issue of a notified order, shall be entitled to any compensation for the loss of office; (h) The Administrator shall take all necessary steps for the reconstitution of the authorities and for the appointment of the Vice-Chancellor so that the member of the said authorities and the Vice-Chancellor can assume office on the expiry of the notified order: Provided that notwithstanding anything contained in any other provision of this Act. the State Government may, in consultation with the Chancellor, appoint the Officer acting as the Administrator to be the Vice-Chancellor of the University with effect from the date of expiry of the notified order for such term not exceeding three years as they may fix; and (i) All elections, selections and nominations for the purpose of reconstitution of the said authorities shall be held in advance in accordance with the provisions of this Act and Statutes and all persons who are to take part at any such election, selection or nomination by virtue of holding office as member of any authority shall notwithstanding the fact that they have not assumed such office, be eligible to take such part. 34. Removal Of Difficulties :- 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 appear to be necessary or expedient for removing the difficulty. 35. Transitional Provision :- The Government in the first instance may appoint an eminent educationist/ administrator to act as Vice-Chancellor (or a period not exceeding 2 years. The members of the first Executive Council. Senate and Academic Council shall be nominated by the Chancellor and shall hold office for a term not exceeding 2 years. 36. Exclusion Of Jurisdiction Of Utkal University :- Notwithstanding anything containing in sub-sections (1). (2) and (3) of Section 32 of the Orissa University Act. 1989(Orissa Act 5 of 1989) the geographical area of the Ravenshaw University hereby established under this Act is excluded from the jurisdiction of the Utkal University.