Act Info:
THE TRIPURA UNIVERSITY ACT, 1987 |
THE TRIPURA UNIVERSITY ACT, 1987 CONTENTS CHAPTER I 1. Short title and Commencement. 2. Definitions. CHAPTER I1 The University. Objects. Power of the University. Jurisdiction of the University. Delegation of powers to subordinate authorities. Officers of the University. The Chancellor. The Vice-Chancellor. Powers of the Vice-Chancellor. The Registrar. Powers and duties of the Registrar. The Finance Officer. Powers and duties of the Finance Officer. Supervisory Power of the Registrar and the Finance Officer. Deans of Faculties. Controller of Examinations. CHAPTER I11 Authorities of the University. The Senate. Powers and functions of the Senate. Meeting of the Senate. The Syndicate Powers and functions of the Syndicate. Academic council. Powers and functions of the Academic Council. The Faculties. The Finance Committee. Planning Board. Mode of appointment of teachers. Procedure for holding of Selection Committee. Special Provision for Selection of candidates for teaching posts. Letter of appointment of teachers, officers & employees. Termination of service of temporary teacher, officer or employee. Standing Committee for selection of officers or employees. 36. Tribunal. CHAPTER IV 37. Disqualifications. 38. Terms of office of members. 39. Cessation of membership in certain.cases. 40. Filling of Vacancies. 41. Proceedings of the University or the authorities or bodies of the University not invalidated by vacancies. 42. Election Tribunal. 43. Casting Vote by the Chairman. CHAPTER V 44. The University Fund. 45. General Limitation of financial powers of the University. 46. Provident Fund. 47. Annual Accounts and Audit. CHAPTER VI Statutes. How to make Statutes. Ordinances. How to make Ordinances. Regulations. How to make Regulations. Rules. Laying of the Statutes before the Legislative Assembly. CHAPTER V1.I 56. Delegation. 57. Completion of courses of studies in Colleges formerly affiliated to any other University. 58. Transitory provisions 59. The Tripura University Council 60. Removal of difficulties. Tripura Act No. I1 of 1987 THE TRIPURA UNIVERSITY ACT, 1987 An Act To establish and incorporate a teaching and affiliating University for the State of Tripura and provide for matters connected therewith or incidental thereto. Be it enacted by the Legislative Assembly of Tripura in the Thirty Eighth Year of the Republic of India as follows :- CHAPTER I Preliminary Short title and commencement. (1) This Act may be called the Tripura University Act, 1987. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. Definitions 2. In this Act, and in the Statutes, Ordinances and Regulations made under this Act, unless the context otherwise requires:- (1) "affiliated" in relation to a college or an institution means affiliated to the Tripura University under this Act ; (2) "appointed day" means the date referred to in sub-section (2) of section 1 : (3) "autonomous college" means an affiliated or associated college declared as such in accordance with the provisions of sub-section (28) of section 5. (4) "college" means a college established, maintained or recognized by, or affiliated to the University and includes a college referred to in subsection (2) of section 6 ; (5) "convocation" means a meeting of the Senate for the purpose of conferring degrees, titles, diplomas, certificates or other academic distinctions; (6) "department" means a University Department of studies imparting instruction and conducting and guiding research at the post graduate or higher levels; (7) "employee" in relation to the University means any person employed by the University ; (8) "financial year" means the year ending on the 3 1st day of March; (9) "Government College" means a college maintained and managed by the State Government; (10) "Governor" means the Governor of the State of Tripura; (11) "hostel" or "hall" means a unit residence for Students recognized by the University ; (12) "Librarian" means,- (a) in relation to the University, a Librarian or any other person holding a post of Librarian, by whatever name called, appointed or recognised as such by the University, and (b) in relation to an affiliated college; a librarian or any other person holding a post of librarian, by whatever name called, appointed or recognised by the University or appointed by such college ; (13) "Minister" means the Minister-in-charge of Education appointed as such by the Governor ; (14) "non-teaching staff" means,- (a) in relation to the University, the non-teaching staff, not holding any teaching post (including part-time teaching post), appointed or recognised as such by the University ; and (b) in relation to an affiliated college, the non-teaching staff, not holding any teaching post (including part-time teaching post), appointed or recognised by the University or appointed by such college, but does not include an officer or a Librarian; (15) "Officers of the University" means an officer as defined in section 7 ; (16) "prescribed" means prescribed by Statutes, Ordinances, Regulations or Rules made under this Act ; (17) "Principal" means the head of a college or of an institution, by whatever name called ; (18) "Professional subject" means any of the following subjects, namely, Law, Medicine, Engineering, Teacher's Training, Technology, Agriculture, Journalism, Management Studies or such other subjects as may be prescribed by Regulations ; (19) "Statutes" "Ordinance" "Regulations" and "Rules" mean respectively, the Statutes, Ordinances, Regulations and Rules of the University made under this Act. (20) "Students' Union", in relation to the University or an affiliated college, means Students' Union constituted in the manner prescribed ; (21) "teacher" means a person employed for imparting instructions or guiding or conducting research in the University or in a college and includes a Principal. (22) 'Teacher of the University" means a Professor, Reader, Lecturer or any other person appointed or recognised as such by the University either whole-time or part-time for the purpose of imparting instruction or conducting research in the University ; (23) "University" means the Tripura University as constituted under this Act ; (24) "University Laboratory", "University Library", "University Museum" or "University Institution" means a laboratory, a library, a museum or an institution, as the case may be, maintained and managed by the University, whether established by it or not ; (25) "University Professor", "University Reader" or "University Lecturer" means a Professor, Reader or Lecturer appointed or recognised as such by the University. CHAPTER II The University. 3. (1) There shall be established a University by the name of "Tripura University" (2) The headquarters of the University shall be at Agartala and it may. also establish campus at such other places within its Jurisdiction as it may deem fit. (3) (i) The first Chancellor and the first Vice-Chancellor of the University and the first members of the Senate and the Syndicate, and all persons who may hereafter become the Chancellor or the Vice-Chancellor of the University or the members of the Senate or the Syndicate so long as they continue to hold such office or membership shall constitute a body corporate by the name of the Tripura University. (ii) The University shall have perpetual succession and a common seal and shall sue and be sued by the name of the Tripura University. Objects. 4. (1) The objects of the University shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit and by the example of its corporate life, and, in particular, to make special provisions for studies in tribal life and culture and for integrated courses of Humanities and Science in the educational programmes of the University and take appropriate measures for promoting inter-disciplinary studies and research in the University. Being the highest and noblest seat of learning, the University shall provide effective leadership in guiding education and promoting research work in various fields and shall also endeavour to promote study of vocational subjects with a view to providing employment opportunities to the students. (2) The University shall be open to person of either sex of whatever race, creed, caste or class and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted therein as a teacher or student or to hold any office therein or to graduate thereat ; Provided that nothing in this Section shall be deemed to prevent the University from making special provisions for the weaker sections of the people, and, in particular, for the Scheduled Castes and Scheduled Tribes. Power of the University. 5. The University shall have the following powers namely :- (1) to encourage and provide for instruction and training in such branches of learning and courses of study including Anthropology and Sociology as it may think fit, to make provision for research and to promote the advancement and dissemination of knowledge and learning and the extension of higher education : (2) to establish and develop specialised research centres, interdisciplinary centres or similar institutions for studies and to undertake research in tribal problems, rural development, plantation, forestry, fishery, agriculture and horticulture ; (3) to organise specialised diploma, degree or post-graduate courses, as the case may be, in such subjects as tribal languages, habitat and customs, rural administration, public administration, policy planning, forestry, floriculture pesticides, wild life management, pisciculture, and also in subjects like rural and urban planning, manpower planning, regional resources planning and development, ecology and environmental studies, agricultural and rural industries and in such other subjects as may be necessary from time to time ; (4) to organise short courses at the Post-Master or Arts or post- aster of Science stage for those who are otherwise suitable for teaching the non-traditional courses mentioned in clause (3); (5) to make such academic studies as may contribute to the improvement of economic conditions and welfare of the people in general and the tribal people in particular ; (6) to establish, maintain or manage colleges, libraries, laboratories, museums and such other institutions as it may consider fit ; (7) to recognise any college or institution as a constituent college or a professional college and to withdraw such recognition in respect of any such college or institution ; Provided that the provisions of this clause shall not debar other colleges from introducing both Honours and Pass courses ; (8) to affiliate to itself any college, institution or Centre and to withdraw affiliation of such college, institution or centre ; (9) to institute degrees, titles, diplomas, certificates, and other academic distinctions on person who- (a) shall, unless exempted therefrom in such manner as may be prescribed by Statutes, have pursued in an affiliated or constituent college or in the University or in an institution or centre recognised by the University such courses of study and shall have passed such examination of the University as may be prescribed, or (b) shall have carried on research under conditions as may be prescribed ; (10) to confer honorary degrees or other academic distinctions under such conditions as may be prescribed ; (11) to co-operate with other Universities and educational authorities in such manner and for such purposes as the University may determine; (12) to institute and to make appointment to professorship, Readership, Lecturership and other teaching posts required by the University in accordance with regulation notified by the University Grants Commission with regard to minimum qualifications ; (13) to institute and award fellowships, scholarships, exhibitions, prizes, medals and other honours and distinctions ; (14) to prescribe demand and receive fees, fines and other charges ; (15) to establish, maintain and manage hostels, halls and other places of residence for the students of the University and teachers, officers and other employees and to recognize such hostels, halls and other places of residence and to withdraw recognition therefrom ; (16) to provide for the supervision and control of residence and discipline of students of the University and to make arrangements for promotion of their health and general welfare ; (17) to provide for supervision, control and discipline of the teaching and non-teaching employees of the University in pursuance of the Statutes, Ordinances and Regulations ; (18) to conduct, co-ordinate, regulate and control the post-graduate research work and teaching in the University ; (19) to prescribe the powers and duties of officers of the University ; (20) to provide for the inspection, or investigation into the affairs, of a college or an institution recognized by the University ; (21) to create and to make appointment to such administrative, clerical and other posts under the University as it may deem fit ; (22) to accept grants from the Central or any State Government or the University Grants Commission and, with the approval of State Government from other sources ; (23) to raise loans or to accept loans from the Central or the State Government and with the approval of State Government, from other sources ; (24) to enter into contracts and agreements with the approval of the Syndicate in furtherance of the objects of the University ; (25) to acquire, hold and dispose of properties, movable and immovable, for furthering any of the objects of the University ; (26) to make grants for the maintenance of the National Cadet Corps and the National Social Service ; (27) generally to do all such acts and things as may be necessary or desirable for, or incidental to the advancement of the objects or purposes of the University ; (28) (a) Notwithstanding anything contained in the preceding provisions, the University may grant in the manner prescribed, to a college which satisfies the conditions prescribed in this behalf, the privileges of varying, for the students receiving instructions in such college, the courses of study prescribed by the University and holding examinations in the courses so varied. (b) Such a college shall be declared in the manner prescribed an autonomous college. (29) To recognise an Institution of higher learning or a laboratory or institutions of similar nature for such purposes as the University may determine and to withdraw such recognition. Jurisdiction of the University. 6. (1) Save as otherwise provided in this Act, the local limits of jurisdiction of the University (hereinafter referred to as the territorial limits of the University), shall extend to the whole of Tripura ; (2) Notwithstanding anything contained in any other law for the time being in force, with effect from such date as the State Government may by notification in the Official Gazette, appoint in this behalf (hereinafter in this section referred to as the said date) , - (a) such college existing on the said date within the limits of the State of Tripura as may be specified in the notification shall- (i) be deemed to be affiliated to the University and continue to be so affiliated until the University otherwise directs ; and- (ii) Cease to be affiliated to the University of Calcutta or any other University to which they may have been affiliated before the said date ; (b) any teacher, principal or member of the Governing Body of any such college holding, by virtue of his being such Teacher, Principal or Member, any office in or under the University of Calcutta or any of the authorities of the said University shall cease to hold such office ; (c) no college or institution situated within the territorial limits of the jurisdiction of the University, but not admitted to its privileges shall be associated with or be admitted to the privileges of any other University except with the previous approval of the State Government. (3) Notwithstanding anything contained in any other Law for the time being in force, from the date appointed for the purpose,- (i) the Calcutta University Post-graduate Centre at Agartala, administered by the Tripura Council under the provisions of the Calcutta University Act, 1979, shall stand dissolved and all property, movable and immovable, and rights, powers and privileges of the said Centre shall be transferred to and vest in the University and shall be applied to the objects and purposes for which the University is established ; (ii) all the faculties including the departments of such faculties of the said postgraduate centre shall be deemed to be established and run by the University under the corresponding provisions of this Act, as if all such faculties including their departments were established and run under the provisions of this Act by the University ; (iii) all debts, liabilities and obligations of the said post-graduate centre shall be transferred to the University and shall thereafter be discharged and satisfied by it ; (iv) all references in any enactment to the said post-graduate centre shall be construed as reference to the University established under this Act ; (v) any will, deed or other documents, whether made or executed before or after the commencement of this Act, which contains any bequest, gift or trust in favour of the said post-graduate centre, shall be construed as if the University was therein named instead of the said post-graduate centre. (vi) subject to the provisions of this Act, every person employed till immediately before the said date in the said post-graduate centre, shall, with effect from the date, become an employee of the University in the same tenure and upon the same conditions of service or conditions as similar thereto as changed circumstances may permit, as he would have held under the said post-graduate centre, if such notification had not been issued. Delegation of powers to subordinate authorities. (4) The University may delegate such of its powers as it may deem expedient to any of the authorities constituted under section 16 or to any its officers, and may, at any time, withdraw at its discretion any power so delegated. Officers of the University. 7. The following shall be the officers of the University : (i) the Chancellor, (ii) the Vice-Chancellor, (iii) the Registrar, (iv) the Finance Officer, (v) the Deans of Faculties, (vi) the Controller of Examinations and (vii) such other persons in the service of the University as the University may declare to be Officers of the University. The Chancellor. 8. (1) The Governor of Tripura shall be the Chancellor of the University. (2) The Chancellor shall, by virtue of his office, be the Head of the University and shall, if present, preside over the convocations of the University held for conferring degrees. (3) The Chancellor 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, laboratories and equipment and of any college or institution maintained by the University or admitted to its privileges, and also of the examinations, teaching and other work conducted to its privileges, and also of the examinations, teaching and other work conducted or done by the University and to cause an enquiry to be made in like manner in respect of any matter connected with the administration or finances of the University, Colleges or Institutions. (4) The Chancellor shall in every case, give notice of his intention to cause an inspection or inquiry to be made,. (a) to the University if such inspection or inquiry is to be made in respect of the University, College or Institution maintained by it, or (b) to the Governing Body of the College or Institution, through the Vice-Chancellor if the inspection or inquiry is to be made in respect of College or any Institution admitted to the privileges of the University not maintained by the University, and the University or the Governing Body as the case may be, shall on receipt of such notice have the right to make such representation to the Chancellor as it may consider necessary. (5) After considering the representations, if any, made by the University or the Governing Body as the case may be, the Chancellor may cause to be made such inspection or inquiry as is referred to in sub-section (3) of this Section. (6) Where any inspection or inquiry has been caused to be made by the Chancellor, the University or the Governing Body as the case may be shall be entitled to appoint a representative who shall have the right to be present and be heard at, such inspection or inquiry. (7) The Chancellor, may, if the inspection or inquiry is made in respect of the University or any College or Institution maintained by it, address the Vice-Chancellor with reference to the result of such inspection or inquiry, and the Vice-Chancellor shall communicate to the Syndicate the views of the Chancellor with such advice as the Chancellor may be pleased to offer upon the action to be taken thereon. (8) The Chancellor may, if the inspection or inquiry is made in respect of any College or institution admitted to the privileges of the university and not maintained by the University, address the Governing Body concerned through the Vice-Chancellor with reference to the result of such inspection or inquiry, his views thereon and such advice as he may be pleased to offer upon the action to be taken thereon. (9) The Syndicate or the Governing Body as the case may be, shall communicate through the Vice-Chancellor to the Chancellor such action, if any, as it is proposed to take or has been upon the result of such inspection or inquiry. (10) Where the Syndicate or the Governing Body does not within any reasonable time take action to the satisfaction of the Chancellor, the Chancellor may, after considering any explanation furnished or representation made by the Syndicate or Governing Body issue such directions he may think fit and the Syndicate or Governing Body, as the case may be, shall comply with such directions. (11) Without prejudice to the foregoing provisions of this section, the Chancellor may, by order in writing, annul any proceedings of the University which is not in conformity with this Act, the Statutes or Ordinances. Provided that before making any such order, the Chancellor shall call upon the University to show cause why such an order shall not be made, and if any cause is shown within a reasonable time he shall consider the same. (12) Every proposal for the conferment of an honorary degree shall be subject to the confirmation of the Chancellor. (13) The Chancellor, may, at such intervals as he may decide appoint Committee to recommend the annual grants to be paid to the University for fulfilment of its objectives. (14) The Chancellor shall exercise such other powers and perform such other functions as may be conferred on or vested in him by or under the provisions of the Act or be prescribed by the Statutes. The Vice-Chancellor. 9. (1) The Vice Chancellor shall be a whole-time salaried officer of the University and shall be appointed by the Chancellor from amongst a panel of not less than three names submitted to him in alphabetical order by a Committee consisting of the following: (a) A nominee of the Chancellor (b) A nominee of the Syndicate (c) A nominee of the State Government ; and (d) A nominee of the Chairman, University Grants Commission. The Chancellor shall appoint one of the members of the Committee as the convener. Provided that none of the members of the (Substituted by the Tripura University (Amendment) Act, 1990 w.e.f. 10.9.1990) [committee] panel shall be an employee of the University or a member of any authority of the University or connected with any approved institution or college or institution recognised by or associated with the University. Provided further that if the Chancellor does not approve any of the persons included in the panel he may call for a fresh panel. (2) (a) The Vice-Chancellor shall hold office for a term of three years or till he attains the age of 65 years, whichever is earlier, unless sooner removed by an order of the Chancellor, and shall subject to the provisions of this section, be eligible for reappointment for another term of three years or till he attains the age of 65 years whichever is earlier. Provided that no Vice-Chancellor should be removed from office except by an order passed by the Chancellor on the ground of misbehaviour, mismanagement, incapacity or misuse of powers after due enquiry by a serving or retired Judge of the Supreme Court or High Court appointed by the Chancellor with the approval of the Syndicate. (b) The Chancellor may, notwithstanding the expiration of the term of the office of the Vice-Chancellor or his attaining the age of 65 years, allow him to continue in office till a successor assumes office, provided that he shall not continue as such for any period exceeding six months. (3) The Vice Chancellor may resign his office by writing under his hand addressed to the Chancellor ; (4) if- (a) the Vice-Chancellor is, by reasons of leave, illness or any other cause, temporarily unable to exercise the powers and perform the duties of his office, or (b) a vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation or expiry of the term of his office or otherwise, then, during the period of such temporary inability, or pending the appointment of a Vice-Chancellor, as the case may be, the Chancellor may appoint the senior-most Dean of Faculty to exercise the power and perform the current duties of Vice-Chancellor. (5) The vacancy in the office of the Vice-Chancellor occurring by reason of death, resignation or expiry of the term of his office or otherwise shall be filled up by appointment of a Vice-Chancellor in accordance with the provisions of sub-section (1) within a period of six months from the date of occurrence of the vacancy. Powers of The Vice- Chancellor 10. (1) The Vice-Chancellor shall be the principal executive and academic officer of the University. He shall by virtue of his office be the ex-officio Chairman of the Senate, the Syndicate, the Academic Council, the Planning Board and the Finance Committee and also the Chairman of any other authority or body of the University of which he may be a member. He shall in the absence of the Chancellor preside at the Convocation of the University held for conferring degrees. He shall also be entitled to be present at and to address any meeting of any other authority or body of the University of which he may not be a member, but shall not be entitled to vote thereat. (2) The Vice-Chancellor shall have the power to convene meeting of the Senate, the Syndicate, the Academic Council and of any other authority or body of the University. (3) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act and the Statutes, the Ordinances and the Regulations are faithfully observed, and to- take such action as may be necessary for this purpose. (4) The Vice-Chancellor shall exercise general control over the affairs of the University and shall give effect to the decisions of the authorities of the University. (5) The Vice-Chancellor shall exercise such other powers and discharge such other duties as may be delegated to him by any authority or body of the University or as may be prescribed by Statutes, Ordinances or Regulations. (6) The Vice-Chancellor may take on behalf of the University such action as he may deem expedient in any matter which, in his opinion is either urgent or of an emergent nature and shall report the same for confirmation at the next meeting of the authority or body which, in the ordinary course, would have dealt with the matter : Provided that if the action taken by the Vice-Chancellor is not approved by the authority or body constituted under this Act, the matter shall immediately be referred to the Chancellor whose decision thereon shall be final : Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section have the right to appeal against such action to the Syndicate within 3 (three) months from the date on which decision on such action is communicated to him and thereupon the Syndicate may confirm, modify or reverse the action taken by the Vice-Chancellor. (7) The Vice-Chancellor may, with the approval of the Syndicate, at any time delegate any of his powers other than the powers referred to in sub-section (6) to any officer subordinate to him. (8) The Vice-Chancellor shall be empowered to grant leave to any officer. (9) The Vice-Chancellor shall be empowered to grant leave to any officer of the University other than the Chancellor and the Vice-Chancellor in accordance with such rules as may be prescribed and to make necessary arrangements for discharge of the functions of such officers during such absence. (10) The Vice-Chancellor shall grant leave of absence to any employee of the University in accordance with the rules framed and he may, if he so desires, delegate this power in relation to non-teaching staff to another officer of the University. (11 The Vice-Chancellor shall have the power to convene or cause to be convened the meetings of the Senate, the Syndicate, the Academic Council, the Planning Board and the Finance Committee. The Registrar. 11. (1) The Registrar shall be a whole-time officer of the University and shall be appointed by the Syndicate on the recommendation of a Committee consisting of the Vice-Chancellor as Chairman, two nominees of the Syndicate, a nominee of the Chancellor and a nominee of the State Government. He shall be appointed for such period and on such terms and conditions as may be prescribed. (2) The Registrar may resign his office by writing under his hand addressed to the Vice-Chancellor. (3) If the Registrar is for any reason temporarily unable to exercise the powers or perform the duties of his office, the Vice-Chancellor may, with the approval of the Syndicate, appoint a teacher of the University or an officer of the University temporarily for a total period not exceeding six months to exercise the powers and perform the duties of the Registrar. Powers and duties of the Registrar. 12. Subject to the supervision, direction and general control of the Vice Chancellor, the Registrar shall act as the ex-officio Secretary of the Senate as also of the Syndicate, the Academic Council, the Planning Board and the Faculties and shall not be deemed to be a member of any of the authorities. He shall exercise such powers and perform such duties as may be prescribed, may be assigned to him by the Vice-Chancellor or delegated to him by or under the provisions of this Act, and the Statutes, the Ordinances or the Regulations, as the case may be. The Finance Officer. 13 (1) The Finance Officer shall be a whole-time Officer of the University and shall be appointed by the Syndicate on deputation from an Organised Accounts Service for a period of not exceeding five years on such terms and conditions as may be prescribed. (2) The Finance Officer shall be the ex-officio Secretary of the Finance Committee or Committees constituted by it but shall not be deemed a member of the Finance Committee. (3) If the Finance Officer is for any reason temporarily unable to exercise the powers or perform the duties of his office, the Vice-Chancellor may, with the approval of the Syndicate, appoint a person temporarily for a total period not exceeding six months to exercise the powers and perform the duties of the Finance Office. Powers and duties the Finance Officer. 14. (1) Subject to the supervision, direction and general control of the Vice-Chancellor, the Finance Officer shall be in charge of the administration of the funds, the finances and the properties and assets of the University and of all trusts and endowments ; and he shall take special interest in activities that aim at raising funds for the purposes of the University and augmenting resources of the University. (2) The Finance Officer shall exercise such other powers and perform such other duties as may be prescribed or delegated to him by or under the provisions of this Act and the Statutes: the Ordinances or the Regulations, as the case may be. Supervisory Power of the Registrar and Finance Officer. 15. The Registrar, shall be the Principal Administrative Officer of the University. Provided that in their respective spheres of duties and subject to supervision, direction and control of the Vice-Chancellor, the Registrar and the Finance Officer shall, subject to the provisions of this Act, have the power of supervision and control over all officers and employees serving in departments under their charge and shall exercise such disciplinary power as may be conferred on them by or under this Act or by Statutes or Ordinances. Deans of Faculties. 16. Every Dean of Faculty shall be appointed in such manner and shall exercise such powers and perform his duties as may be prescribed by the Statutes. Each Dean of Faculty shall be appointed by the Vice-Chancellor from among the Professors in the Faculty for a period of three years and shall be eligible for reappointment. Provided that a Dean on attaining the age of 60 years shall cease to hold office as such. Controller of Examinations. 17. The Controller of Examinations shall be a whole-time officer of the University and shall be appointed by the Syndicate on the recommendation Committee consisting of the Vice-Chancellor as Chairman, two nominees of the Syndicate, a nominee of the Chancellor and a nominee of the State Government. He shall be appointed for such period and on such terms and conditions as may be prescribed. CHAPTER III Authorities of the University 18. The following shall be the authorities of the University :- (1) The Senate ; (2) The Syndicate ; (3) Academic Council ; (4) Boards of Faculties ; (5) The Finance Committee ; (6) The Planning Board ; (7) Such other authorities as may be established under the Statutes. The Senate. 19. (1) The Senate shall consist of the following members :- (a) Ex-Officio members ; - (i) the Chancellor ; (ii) the Vice-Chancellor ; (iii) the Deans of the Faculty Councils for Post-Graduate Studies ; (iv) the Heads of the Post-Graduate Departments ; (v) the Secretary, Education Department, Government of Tripura ; (vi) the Secretary, Finance Department, Government of Tripura or his nominee not below the rank of Deputy Secretary to the Government of Tripura ; (vii) the Secretary, Law Department, Government of Tripura ; (viii) the President, Tripura Board of Secondary Education ; (ix) the Principals of Constituted Constituent Colleges ; (Inserted by the Tripura University (Amendment) Act, 1990. W.e.f. 10.9.1990) [and] (Inserted ibid) (x) the Director of Higher Education, Government of Tripura; ] (b) Elected members ; (Substituted ibid) [(i) Not more than three Professors of the University, other than Heads of Departments, belonging to Departments under separate Faculty Councils for Post-Graduate Studies, elected jointly by the Professors of the University.] (Substituted ibid) [(ii) not more than (Substituted ibid) Readers and 3 Lecturers of the University, other than Heads of the Departments, elected by the Teachers of the University.] (Substituted by the Tripura University (Amendment) Act, 1990 w.e.f. 10.9.1990) [(iii) Fifteen Teachers, other than Principals, of whom at least two shall be women, two shall be from amongst the Teachers belonging to the Scheduled Tribes and two shall be from amongst the Teachers belonging to the Scheduled Castes community respectively, elected by the Teachers of affiliated Colleges from amongst themselves, provided that the number of such representatives of the College Teachers will be proportionately reduced by the Chancellor on the advice of the State government in case the College gets the autonomous status] ; (iv) three Teachers other than Principles of whom at least one shall be a woman elected by the Teachers of Affiliated Colleges from amongst themselves ; (v) three Principals of which at least one from Professional Colleges elected by the Principals from amongst themselves ; (vi) two members of the Tripura Legislative Assembly elected by the members of the Tripura Legislative Assembly ; (vii) one member of the Tripura Tribal Area Autonomous District Council to be elected by the members of the District Council ; (viii) three regular post-graduate students of the University, of whom at least one shall be a lady student, elected by an electoral college of such students constitute in the manner prescribed. (Substituted ibid) [ix] Six regular under-graduate students of the Affiliated Colleges one of whom shall be a lady student, one shall be from amongst the students belonging to Scheduled Tribes and one shall be from amongst the students belonging to Scheduled Castes, elected by an electoral College of such students constituted in the manner prescribed.] Explanation I:- "Regular post-graduate student" or as the case may be Regular under-graduate student shall mean a student who has been prosecuting his studies in a Post-Graduate Department of the University under any Faculty for Post-graduate studies or as the case may be in an affiliated college and who is not in default of payment of the prescribed tuition fees and other dues of the University or as the case may be of the College till such date as may be notified by the University in this behalf. Explanation II:- Notwithstanding anything contained elsewhere in this Act, a member elected under this clause shall hold office for a period of two years from the date of his election or till he ceases to be a regular post-graduate or under-graduate student of the University whichever is earlier ; '[(x) five Registered Graduates of the University living within the territorial jurisdiction of the University to be elected by such Registered Graduates from amongst themselves.] (xi) one Research Scholar or Research Fellow of the University elected by such Research Scholars and Research Fellows in the manner prescribed. Explanation I :- "Research Scholar" or "Research Fellow" shall mean a wholetime Research Scholar or Research Fellow of the University who receives a stipend from the University. Explanation II:- Notwithstanding anything contained elsewhere in this Act, a Research Scholar or Research Fellow elected under this clause shall hold office for a period of two years from the date of his election or till he ceases to be a Research Scholar or Research Fellow of the University; (xii) one member elected by the members of the non-teaching staff of the University from amongst themselves and one member elected by the members of non-teaching staff of the Colleges from amongst themselves ; (xiii) one member elected by the officers of the University from amongst themselves ; (xiv) one member elected by the Librarians of the University and of the Colleges affiliated to the University from amongst themselves ; (Substituted by the Tripura University (Amendment) Act, 1990 w.e.f. 10.9.1990) [(c) Nominated members :] (i) four persons to be nominated by the State Government of whom- (a) one shall be from, the members of the registered trade Unions within the territorial jurisdiction of the University, (b) one shall be a primary school teacher within the territorial jurisdiction of the University, (c) one shall be a secondary School teacher within the territorial jurisdiction of the University, (d) one shall be a member of the peasant organizations within the territorial jurisdiction of the University, (ii) two persons having special interest in the University, of whom one shall be a person representing the Professions of industry or agriculture and one shall be a person having interest in the welfare of the Scheduled Castes and Scheduled Tribes community nominated by the Chancellor. (Deleted by the Tripura University (Amendment) Act, 1990 w.e.f. 10.9.1990) [----]-- (2) All elections to the Senate shall be held in the manner prescribed by Statutes. 20. The Senate shall be an advisory body and subject to the provisions of this Act, it shall have the following powers and functions, namely:- Powers and functions of the Senate. (i) to review from time to time, the broad policies and programmes of the University and to suggest measures for the improvement and development of the University ; (ii) to consider and pass resolutions on the annual report and the annual accounts of the University and the audit report thereon ; (iii) to advise the Chancellor in respect of any matter which may be referred to it for advice, and to perform such other duties and exercise such other functions as may be assigned to it by this Act or the Statutes or by the Chancellor; (iv) to review from time to time the activities of the Syndicate and issue guidelines where necessary. Meeting of the Senate. 21. (1) The Senate shall meet at least thrice in a financial year, other than for convocation, on dates to be fixed by the Vice-Chancellor. One of such meetings shall be called the Annual Meeting. The Senate may also meet at such other times as it may, from time to time, decide. (2) One-third of the total number of members of the Senate plus one shall be a quorum for a meeting of the Senate : Provided that such quorum shall not be required at a convocation. (3) The Vice-Chancellor may, whenever he thinks fit, and shall, upon a requisition in writing by not less than one-third of the total number of members of the Senate, convene a meeting of the Senate. A meeting on such requisition shall be held within fifteen days of the receipt of the requisition by the Vice-Chancellor. 22. (1) The Syndicate shall consist of the following members:- The Syndicate. (a) The Vice-Chancellor, (b) Three Deans of Faculties by rotation, (c) Two Principals of Colleges by rotation one of whom shall be a woman nominated by the Chancellor, (d) One Professor, one Reader and one Lecturer by rotation nominated by the Vice-Chancellor, (e) A nominee of the Chancellor. (f) A nominee of the Chairman, U.G.C. (g) A nominee of the State Government, (h) Two members of the Senate to be elected by the Senate from among its elected members none of whom shall be an employee of the University or a College or a recognized institution or a student. Inserted by The Tripura University (Amendment) Act, 1990, w.e.f. 10.9.1990. [(i) Two Teachers from colleges by rotation nominated by the Chancellor.] (2) One-third of the total number of members of the Syndicate shall be a quorum for a meeting of the Syndicate. 23. Subject to the provisions of this Act, the Syndicate shall exercise the following powers and perform the following functions :- Powers and functions of the Syndicate. (i) to initiate proposals for the making of Statutes and Ordinances including proposals for amendment or repeal thereof, in the manner hereafter provided ; (ii) to recommend to the Chancellor the establishment of University Departments, Institutions, Centres, Libraries, Laboratories and Museums for study and research ; (iii) to maintain University Department, University Institutions, University Libraries, University Laboratories and University Museums; (iv) to establish, maintain and manage hostels and halls ; (v) to direct the inspection of University Libraries, University Laboratories, University Museums, hostels and halls ; (vi) to recommend to the Chancellor, after consulting the Academic Council, the Institutions of fellowships, travelling fellowships, studentships, stipends, bursaries, exhibitions, medals and prizes, the expenses of which shall be met from the University Fund, and to award the same after institution thereof by the University ; (vii) to recommend to the Chancellor, after consulting the Academic Council, the creation and institution of Professorships, Readerships, Lecturerships and such posts as may be necessary for the establishment of the University Departments, Institutions, Colleges, Libraries, Laboratories and Museums ; (viii) to create, with the approval of the State Government, posts of officers, teachers and other employees of the University or to recommend to the Senate for creation of posts of officers and teachers of the University ; (ix) to appoint teachers and employees of the University and to fix their emoluments and define their duties and other terms and conditions of service in accordance with the Statutes and the Ordinances and to suspend, discharge or otherwise punish in accordance with the Ordinances such teachers, officers and employees ; (x) to pass appropriate orders on the basis of the recommendation of the Academic Council regarding affiliation of a college or an institution or a centre in one or more subjects or withdrawal of affiliation or recognition of a college or institution or a centre; (xi) to make draft of Statutes, on the recommendation of the respective Council for under-graduate studies, for colleges, prescribing the constitution, powers and functions of their Governing Bodies ; (xii) to determine, with the approval of the State Government, the terms and conditions of service of Librarians and nonteaching staff ; (xiii) to make rules for Teacher's Council for colleges and, with the approval of the State Government, rules for provident fund for colleges ; (xiv) to prescribe and collect fees or charges for registration of students and their admission to courses of studies organized by the University for holding examinations, for the award of degrees, diplomas and certificates, and for other like purposes ; (xv) to recommend to the Chancellor, after consulting the Academic Council, the institution of degrees, titles, diplomas, certificates and other academic distinctions ; (xvi) to recommend to the Chancellor, on the advice of the appropriate body, the conferment of degrees, titles, diplomas, certificates and other academic distinctions on persons who have pursued prescribed courses of studies or have been exempted therefrom in the prescribed manner, and have passed such examination, or have carried on research under such conditions, as may be prescribed ; (xvii) to recommend to the Chancellor the conferment of honorary degrees and other academic distinctions ; (xviii) to make regulations regarding the examinations which shall be recognized as the equivalent examinations held by the University; (xix) to make regulations regarding the conduct of examinations held by the University and the conditions under which students may be admitted to the different courses of studies of and the examinations held by the University ; (xx) to make regulations regarding all other matters which may be or are required to be prescribed or provided by regulations; (xxi) to provide for co-operation and reciprocity among colleges, institutions and laboratories and the University so as to foster development of academic life and to ensure the fullest utilisation of the teaching resources available on the recommendation of the respective faculty Council for under-graduate studies ; (xxii) to give directions regarding the form, custody and use of the common seal of the University; (xxiii) to acquire, hold and dispose of property, movable and immovable, and to administer all assets, properties and funds of the University and to undertake all measures necessary or desirable for the conservation or augmentation of the of the resources of the University ; Provided that for the purpose of disposing of any property valued at not less than one lakh of rupees previous approval of the Senate shall be necessary ; (xxiv) to accept and administer gifts, endowments and benefactions for the furtherance of the purposes of this Act ; (xxv) to accept grants and, with the approval of the State Government, to raise or accept loans on behalf of the University and to make grants or advances from the University Fund or other Special funds maintained by the University ; (xxvi) to manage the Press Establishment, the Publication Bureau with the approval of the State Government with any person, body or authority for the taking over by the University of the management of any college or institution including its assets and liabilities, or any college or institution including its assets and liabilities, or for any other purpose not repugnant to the provisions of this Act on the recommendation of the Faculty Council for postgraduate studies or the Council for under-graduate studies concerned ; (xxvii) to manage the Press Establishment, the Publication Bureau and the Employment Bureau of the University and to exercise general supervision over Students' Unions, University Extension Board and University Sports Board, if any, and other bodies instituted by the University ; (xxviii) to approve the Annual Statement of Accounts and the Annual Financial Estimates of the University and submit the same to the Senate for consideration ; (xxix) to prepare the annual report and submit the same to the Senate for consideration ; (xxx) to make due provisions for the health, welfare, residence and discipline of students and their relationship with the University and to provide for such other training of students as may be considered desirable ; (xxxi) to co-operate with other Universities, institutions, associations, societies or bodies on such terms and for such purposes, not inconsistent with the purpose of this Act, as it may determine; (xxxii) to make rules for the transaction of its own business ; (xxxiii) to make rules for the transaction of its own business ; (xxxiii) to prescribe on the recommendation of the Academic Council the minimum qualifications for the posts of Principal, teachers and teachers of the University ; (xxxiv) to hold and conduct University examinations leading to degrees, diplomas and certificates and to approve and publish the results thereof in accordance with the regulations made in this behalf ; (xxxv) to exercise all other powers and perform academic functions conferred and imposed on the Syndicate by or under this Act; Academic Council. 24. (1) The Academic Council shall be the principal academic body of the University and subject to the provisions of this Act, the Statutes and the Ordinances- (a) shall have the control and general regulations of and be responsible for the maintenance of standard of instruction, education and research carried on or imparted in the University ; (b) may advise the Syndicate on all academic matters including matters relating to examinations conducted by the University ; and shall have such powers and duties as may be conferred or imposed upon it by the Statutes. (2) The Academic Council shall consist of the following members, namely- (i) the Vice-Chancellor ; (ii) the Deans of all Faculties ; (iii) All Heads of Departments of the University and where there is no department in a subject in the University, the senior-most teacher from affiliated colleges, representing that subject on the Faculty concerned ; (iv) all Professors of the University who are not Heads of Departments ; (v) the Principals of colleges ; (vi) fifteen teachers to be nominated by the Vice-Chancellor by rotation according to seniority. (vii) five persons of academic eminence to be nominated by the Chancellor. (3) The term of office of members other than ex-officio members shall be such as may be prescribed. Powers and functions of the Academic Council. 25. (1) Powers and functions of the Academic Council shall be (i) to scrutinize and make its recommendations on proposals submitted by the Boards of Studies through the Faculties in regard to the course of study and to recommend principals and criteria on which examiners and the inspectors may be appointed, for consideration of the Syndicate ; (ii) to report on any matter referred or entrusted to it by the Syndicate ; (iii) to advise the Syndicate in regard to the Universities and institutions and in regard to their equivalence with the diplomas and degrees of the University ; (iv) to advise the Syndicate in regard to the qualifications required to be possessed by persons imparting instruction in particular subjects for the various degrees and diplomas of the University; and (v) to perform in relation to academic matters all such duties and to do all such acts as may be necessary for the proper carrying out of the provisions of the Act, the Statutes and the Ordinances. (2) The meetings of the Academic Council shall be called under the directions of the Vice-Chancellor. The Faculties. 26. (1) The University shall have such Faculties as may be prescribed. (2) Each Faculty shall comprise such departments of teaching as may be prescribed and each department shall have such subjects of study as may be assigned to it by the Ordinance. (3) There shall be a Board of each Faculty, the constitution (including the term of office of its members) and powers and duties of which shall be such as may be prescribed. (4) There shall be a Dean of each Faculty who shall be chosen from amongst the Professors by rotation in order of seniority and shall hold office for three years and their terms and conditions of holding office shall be prescribed in Statutes. (5) The Dean shall be the Chairman of the Board of Faculty and be responsible for- (a) the organization and conduct of the teaching and research work of departments comprised in the Faculty ; and (b) the due observance of the Statutes, Ordinances and Regulations related to the Faculty. (6) In each Department of teaching in the University, there shall be a Head of the Department whose appointment shall be regulated by Statutes. (7) The Head of Department shall be responsible to the Dean for the organization of teaching in the Department and have such other powers and duties as may be provided in the Ordinance. (8) There shall be constituted in accordance with the provisions of the Ordinances, Boards of Studies in respect of different subjects of study and more than one subject may be assigned to one Board of Studies. The Finance Committee. 27. There shall be a Finance Committee with the Vice-Chancellor as the Chairman. The Constitution, powers and functions of the Finance Committee shall be prescribed by Statutes and its procedure in financial matters, including the delegation of its powers, shall be prescribed by Ordinance. Planning Board. 28. (1) There shall be constituted in the University a Planning Board which shall be the principal planning body of the University and be responsible for the monitoring of the development of the University on the lines as laid down in the objects of the University. (2) The Planning Board shall be presided over by the Vice-Chancellor and shall include nine other members to be nominated by the Syndicate out of whom six shall be from within the University and three from outside. (3) All members of the Planning Board other than the Vice-Chancellor shall hold office for a term of three years. (4) The Planning Board shall in addition to all other powers vested on it by this Act have the right to advise the Syndicate and the Academic Council on any matter which it may deem necessary for the fulfilment of the objects of the University. (5) The Planning Board may constitute Committee or Committees for the planning or monitoring of the programmes of the University. (6) The Planning Board shall meet at such intervals as it may deem expedient but it shall meet at least thrice a year. Mode of appointment of teachers. 29. A University Professor or a University Reader or a University Lecturer shall be appointed by the Syndicate on the basis of the recommendation of a selection committee consisting :- (i) Vice-Chancellor ; (ii) One nominee of the Chancellor ; (iii) Three outside experts in the subject concerned to be invited out of the list approved by the Syndicate ; (iv) The Dean of the Faculty concerned. Procedure for holding meetings of selection Committee. 30. (1) Four members, of whom at least two shall be persons having special knowledge, of the subject concerned, shall be a quorum for a meeting of a Selection Committee. (2) If the Syndicate does not accept the recommendation of a Selection Committee, it shall refer the recommendation stating reasons for not accepting it to the Chancellor and the decision of the Chancellor shall be final. Special Provision for Selection of candidates for teaching posts. 31. (1) Notwithstanding anything contained in section 29 or section 30, until the constitution of a selection Committee referred to therein, a University Professor or a University Reader or a University Lecturer shall be appointed by the Tripura University Council, referred to in sub-section (i) of section 54 on the recommendation of a Selection Committee, constituted by the said Council in such manner as it thinks fit, which shall include as its member at least one person not holding any office of profit under the University and having special knowledge of the subject, which the Professor or the Reader or the Lecturer, as the case may be, will teach, nominated by the Chancellor. (2) If the Tripura University Council does not accept the recommendations of the Selection Committee the provisions of sub-section (2) of Section 30 shall apply mutatis mutandis. Letter of appointment of teachers officers & employees. 32. (1) Every Teacher, every officer and every employee of the University shall, on appointment as such, be provided with letter of appointment containing such terms and conditions of appointment as may be prescribed by Ordinances. (2) A teacher or an officer or an employee against a permanent vacancy shall be on probation ordinarily for a period of one year from the date of such appointment and such period of probation may, at the discretion of the appropriate authority of the University, be extended for a further period not exceeding one year. (3) If, at any time during the period of probation, the probationer's work is not considered satisfactory the probationer shall be discharged by the authority concerned. (4) On satisfactory completion of the period of probation, a teacher or an officer or an employee, as the case may be, shall be confirmed with effect from the date of his appointment on probation by an order in writing made by the University in this behalf and the fact of such confirmation shall be communicated to the person concerned : Provided that if, on completion of the period of probation, no such order of confirmation is made and communicated to the persons concerned within a period of two months of the completion of the period of probation, the persons concerned shall be deemed to have been confirmed with effect from the date of his appointment on probation. Termination of service of temporary teacher, officer or employee. 33. The services of a temporary teacher or employee shall not be terminated before expiration of the period for which he is appointed except after serving one month's notice or on payment of one month's salary in lieu thereof. Standing Committee for selection of selection of officers or employees. 34. The Syndicate may Constitute Standing Committee or Standing Committees for selection of persons for appointment to the posts of officers and to the other non-teaching posts and may, subject to the provisions of this Act, prescribed by Ordinances the procedure and the method of such selection. Tribunal. 35. (1) If in the case of any dispute between the University and any Teacher, Officer or employees of the University no final order has been passed by the University within a period of one year from the date on which the dispute was referred to the University by such Teacher, Officer or employees, such dispute shall on the request of such Teacher, Officer or employees, be referred to a Tribunal consisting of the following members, namely:- (i) a Chairman to be nominated by the Chancellor ; (ii) one person to be nominated by the Syndicate ; (iii) one person to be nominated by the Teacher, Officer or employee concerned. (2) Any appeal from an employee of the University in a disciplinary matter shall be referred to the Tribunal and shall be decided and disposed of by the Tribunal . (3) The Tribunal may call for any record, report or other information from the University if in its opinion, such record, report or the information is necessary for efficient discharge of its functions, and the University shall furnish such record, report or other information to the Tribunal. (4) The decision of the Tribunal shall be final and no suit or proceeding shall lie in any court in respect of the matters decided by the Tribunal. (5) Every request under sub-section (1) shall be deemed to be a submission to arbitration upon the terms of this section, within the meaning of the Arbitration Act, 1940, and all the provisions of that Act with the exception of section 2 thereof shall apply accordingly. CHAPTER IV General-provisions governing all authorities or other bodies of the University Disqualifications. 36. (1) No persons shall be qualified for election or nomination as a member of any authority or body of the University or shall continue as such members if he- (i) is of unsound mind or a deaf-mute, or (ii) is an undischarged insolvent, or (iii) has been convicted by a court of law for an offence involving moral turpitude. (2) In case of any doubt or dispute, the Chancellor's decision whether a person is disqualified under the provision of sub-section (1) shall be final. (3) No person shall be entitled to stand as a candidate for election to any authority or body of the University from more than one constituency. (4) No person shall be entitled to be enrolled as a voter for, or to cast his vote at, an election to any authority or body of the University from more than one constituency : Provided that this sub-section shall not apply in the case of an election of member of the Senate to the Syndicate, the Faculty Councils for Post-graduate studies, and the Councils for Under-graduate studies. Terms of office of members. 37. (1) Save as otherwise provided in sub-section (4) an elected or nominated member of any authority or body of the University shall hold office for a period of four years from the date of his election or nomination, as the case may be: Provided that in respect of the first elections and nominations under this Act, the said period of four years shall commence from the date of the first meeting of the authority or body held after such elections and nominations. (2) The term of office of members other than ex-officio members of any authority or body of the University shall be held to include any period which may elapse between the expiry of the said term and the date of election of new members to such authority or body to fill vacancies arising by efflux of time. (3) when elections are held on more than one date, the last of such dates shall be taken to be the date of election for the purposes of this section. (4) Any member elected or nominated to fill casual vacancy shall hold office for the unexpired portion of the term of office of the member in whose seat he is so elected or nominated. Cessation Of member- ship in certain cases. 38. (1) When a person is qualified to be a member of any authority or body of the University by virtue of his membership of any other authority or - body he shall cease to be a member of the authority or body of the University when he ceases to be a member of the other. (2) When a person is elected or nominated as a member of any authority or body of the University from any constituency, he shall cease to be such a member when he ceases to belong to that constituency. Filling of vacancies. 39. (1) Any causal vacancy among the elected members of any authority or body of the University shall be filled, in such manner and within such time as may be prescribed, by election by such authority or body of persons representing the interest which the member, whose seat has become vacant, represented. (2) Any vacancy among the nominated member of any authority or body of the University shall be filled, within such time as may be prescribed, by nomination by the person or authority that nominated the member whose seat has become vacant. (3) Vacancies arising by efflux of time in the seats of elected members of any authority or body of the University shall be filed by election to be held on such date or dates, not later than six months or such extended period as the Chancellor may, by order made in this behalf, specify so, however, that the aggregate period shall not exceed one year, from the date on which the vacancies arise, as the Vice-Chancellor may fix. Proceedings of the University or the authorities or bodies of the University not invalidated by vacancies. 40. No Act or proceedings of the University or of any authority or body of - the University shall be deemed to be invalid merely by reason of the existence of a vacancy or vacancies among its members or the invalidity of the election of any of the members. Explanation:- For the avoidance of doubt it is hereby declared that when the office of any member of any authority or body of the University cannot be filled up, when such authority or body is constituted for the first time, on account of any selection or appointment not being for any first time, on account of any selection or appointment not being for any reason feasible, there shall be deemed to be vacancy in the office of such member until such election takes place or such appointment is made. Election Tribunal. 41. (1) There shall be an Election Tribunal to which shall be referred any question as to whether any person is eligible under this Act for election or nomination or has been duly elected or nominated as, or is entitled to be a member of any authority or body of the University, and the decision of the Election Tribunal on such question shall be final. (2) The constitution of the Election Tribunal shall be prescribed by Statutes. (3) If during the progress of any election of members to any authority or body of the University, the election Tribunal is satisfied that such election is vitiated by fraud or corrupt practice, the Election Tribunal may make an order annulling the proceedings in respect of such election or any part thereof and directing fresh proceedings to be started, in accordance with the provisions of this Act and the Statutes, the Ordinances and the Regulations, from such stage as may be specified in the order and such order of the Election Tribunal shall be final. (4) No suit or proceeding shall lie in any civil court against a decision or order of the Election Tribunal under sub-section (1) or sub-section (3) as the case may be. Casting Vote by the Chairman. 42. At a meeting of the Senate, the Syndicate, the Academic Council or any other authority or body of the University the person presiding at the meeting shall not vote in the first instance but shall have, and exercise, a casting vote in the case of any equality of votes. CHAPTER V Funds of the University, Accounts Audit and Inspection. The University Fund. 43. The University shall have a fund to be known as the University Fund to which shall be credited all its income from fees, fines, contributions donations, loans and advances and from any other source whatsoever. The University may also create, by Ordinances made in this behalf, separate special funds for the administration of endowments, trusts or specific grant or grants for other special purposes. General limitation of financial powers of the University. 44. (1) The budget of the University showing the receipt and expenditure of the University on different accounts for a financial year shall be submitted to the State Government for approval at least four months before the beginning of such financial year in such form as may be specified by the state Government. (2) The State Government shall, within fifteen days of commencement of the financial year to which the budget relates, communicate its approval or otherwise of the budget to the University : Provided that the State Government shall, from time to time, release grants to the University to incur expenditure till the budget is approved. (3) Notwithstanding anything to the contrary contained in this Act, the University shall not, except with the prior approval of the State Government incur any expenditure on any account in excess of the amount specified in the budget on that account. Provident Fund. 45. Any provident fund instituted by the University for the benefit of its employees shall be governed by the provisions of the Provident Funds Act, 1925 as if such fund were a Government Provident Fund and the Syndicate shall have power to frame Ordinances, not inconsistent with the provisions of that Act, for the administration of the fund. Annual Accounts and Audit. 46. (1) The Annual Statement of Accounts of the University shall, after examination by the Syndicate, be subjected to such audit as the State Government may direct. (2) Such Annual Statement of Accounts shall, together with copies of the audit report thereon, be submitted to the Senate which shall consider the audited annual accounts at a meeting and may take such action thereon as it thinks fit. (3) The University shall have a continuous internal audit, and the report of such audit shall be submitted to the State Government as soon as possible after the end of every financial year. (4) The State Government may require the University to supply to it any information in regard to the accounts and the budget and the University shall comply with such requisition. CHAPTER IV Statutes, Ordinances, Regulations and Rules 47. Subject to the provisions of this Act, Statutes may be made to provide for all or any of the following matter:- Statute. (a) the declaration of posts as posts of officers of the University referred to in clause (vii) of Section 7 ; (b) the establishment of authorities of the University referred to in clause (6) of Section 16 ; (c) the powers, duties and terms and conditions of service of the officers of the University in so far as these have not been specifically provided for in the Act ; (d) the constitution powers and duties of the authorities of the University in so far as these have not been specifically provided for in this Act ; (e) the rules and procedure for holding elections to the Senate, the Syndicate and other authorities and bodies of the University ; (f) the terms and conditions of affiliation or recognition of colleges or institutions, including terms and conditions for continuance or such affiliation or recognition and rules for disaffiliation or withdrawal of recognition of such colleges or institutions; (g) the terms and conditions of recognition of colleges as constituent colleges or professional colleges ; (h) the constitution, powers and functions of the Governing Bodies of Colleges, other than Government Colleges ; (i) the terms and conditions of service and the minimum emoluments for posts of Principals, teachers and such other employees as the University may deem fit, of all affiliated colleges, other than Government Colleges ; (j) the rules for Provident Funds for Teachers of Colleges, other than Government Colleges ; (k) the holding of convocations to confer degrees, titles, diplomas, certificates and other academic distinctions, including honorary degrees and distinctions ; (l) the conditions for the registration of graduates of the University and for the maintenance of a register for registered graduates ; (m) the minimum qualifications for the post of teachers and teachers of the University. (n) all other matters which under this Act are required to be or may be prescribed by Statutes. How to make Statutes. 48. (1) The Syndicate may of its own motion, and shall when required by the Senate, make a draft of any Statute in consultation with the Faculties if necessary. The draft is to be passed in the Syndicate by two-thirds majority of the members present and voting. (2) A Statute, passed in the manner provided in Sub-section (1) shall be presented to the Chancellor for assent and shall come into force on being assented to by the Chancellor in consultation with the Minister. (3) A Statute shall remain in force until repealed or amended by a new Statute similarly passed and assented to by the Chancellor. Ordinances. 49. Subject to the provisions of this Act and the Statutes, Ordinances may be made to provide for all or any of the following matters : (a) the admission of students to the University and the colleges affiliated to or recognised by it and their enrolment as such ; (b) the levy of fees in University Laboratories ; (c) the conditions of residence and rules of discipline of the students of the University, including students of colleges affiliated to or recognized by it ; and the levy of fees for residence in halls ; (d) the appointment of teachers, officers and employees of the University, their emoluments, their duties and other terms and conditions of their service, in so far as these have not been specially provided for in this Act or in the Statutes ; (e) rules for the institution of Provident Fund or other funds for the benefit of the employees of the University ; (f) rules for the establishment, maintenance and management of University Libraries, University Museum, hall and other University Institutions for study, research and residence ; (g) rules for the recognition of libraries, laboratories, museum, hostels and institutions for study, research and residence, other than those establishments maintained and managed by the University ; (h) rules for the taking over of the management of an affiliated or a recognised college or institution, other than a Government College or institution, in order to ensure that proper standards of teaching and instruction are maintained therein; (i) rules for the exercise of general supervision and control over affiliated or recognised colleges or institutions and for the giving of financial aid to them ; (j) rules for the inspection or investigation into the affairs of colleges or other institutions, affiliated to or recognised by the University, to ensure that proper standards of teaching, training and research are maintained therein ; (k) rules for the imposition and collection of fees ; (l) the duties and functions of the teachers of the University including the Head of Departments ; (m) rules for the registration of students ; (n) the appointment, duties and remuneration of examiners ; (o) rules for the administration of gifts, endowments and benefactious and for the institution and award of fellowships, studentships, stipends, bursaries, exhibitions, medals and prizes; (p) rules and procedure for accepting grants and for raising or accepting loans other than loans from the Central or any State Government ; (q) all other matters which under this Act or the Statutes are required to be or may be prescribed by Ordinances. How to make Ordinance. 50. (1) The Syndicate shall take into consideration drafts of Ordinances proposed to be passed after notice thereof has been given to the members of the Syndicate at least three weeks in advance of the date fixed for consideration of the same by the Syndicate. The Vice-Chancellor may direct a shorter notice in a matter which in his opinion is of an emergent nature. (2) An Ordinance shall be deemed to be passed if it is agreed to by a majority of the total number of members of the Syndicate existing at the time. (3) The Chancellor may direct that the operation of any Ordinance shall be suspended until such time as the Senate has had an opportunity of considering the same. (4) All Ordinance shall, unless cancelled or modified by the Chancellor, remain in force until repealed or amended by a new Ordinance similarly passed and brought into force. Regulations. 51. Subject to the provisions of this Act and Statutes and the Ordinances, Regulations may be made to provide for all or any of the following matters :- (a) the powers and functions of the Boards of Studies ; (b) the functions and duties of Teachers' Councils in the University and in colleges and institutions other than Government Colleges and institutions ; (c) the conditions for admission to the different courses of study and examinations of students ; (d) the rules for the conduct of University Examinations ; (e) the courses of study and the division of subjects upon the recommendation of the Faculty Council for Post-Graduate studies or the Council for under-graduate studies concerned ; (f) all other matters which under this Act or the Statutes or the Ordinances are required to be or may be prescribed by Regulations. How to make Regulations. 52. (1) The Syndicate or a Committee appointed by it shall take into consideration drafts of Regulations, consistent with this Act and the Ordinances after notice' of the proposed Regulations, has been given to the members of the Syndicate at least three weeks in advance of the date fixed for consideration of the same by the Syndicate or the Committee appointed by it. The Vice-Chancellor may direct a shorter notice in a matter which in his opinion is of an emergent nature. (2) A Regulation shall be deemed to be passed by the Syndicate, if it is agreed to at a meeting of the Syndicate by a majority of the total number of members of the Syndicate existing at the time. A Regulation shall come into force immediately on being passed unless otherwise directed by the Chancellor. (3) The Senate shall have the power, by a resolution passed by a majority of its total number of members existing at the time, to cancel or modify any Regulation. (4) A Regulation shall, unless cancelled or modified by the senate under sub-section (3), remain in force until repealed or amended by new Regulation similarly passed and brought into force. Rules. 53. Subject to the provisions of this Act and the Statutes, the Ordinances and the Regulations, Rules may be made for the purpose of duly carrying out the provisions of, or exercising the powers conferred by this Act or to provide far matters which, by the Statutes, the Ordinances or the Regulations, are required to be prescribed by Rules. Laying of the Statutes before the Legislative Assembly. 54. Every such Statute, Ordinance, Regulation and Rule shall be laid, as soon as may be after it is made, before the State Legislative Assembly while it is in session. CHAPTER VII Miscellaneous and Transitory Provisions Delegation. 55. (1) The Vice-Chancellor or, with the approval of the Vice-Chancellor, the Registrar, may, subject to the provisions of this Act, delegate such of his powers or duties conferred or imposed by or under this Act as may be prescribed by the Statutes to an Officer of the University under his direct administrative Control. (2) Subject to the provisions of this Act :- (a) the Senate may delegate any of its powers or duties, conferred or imposed by or under this Act, to - (i) the Vice-Chancellor, (ii) the Syndicate, (iii) a Committee constituted from among its own members, or (iv) a Committee appointed in accordance with the Statutes ; (b) the Syndicate may delegate any of its powers or duties, conferred or imposed by or under this Act, to- (i) the Vice-Chancellor, (ii) a Committee constituted from among its own members, (iii) a committee constituted in accordance with the Statutes or the Ordinance, (iv) Academic Council, or (v) the Finance Committee ; (c) Academic Council may delegate any of its powers or duties, conferred or imposed by or under this Act, to-- (i) the Vice-Chancellor, (ii) a Committee constituted from among its own members, (iii) a Committee constituted in accordance with the Regulations, or (iv) any of the Boards of Studies ; (d) The Finance Committee may delegate any of its powers or duties, conferred or imposed by or imposed by or under this Act, to - (i) the Vice-Chancellor, or (ii) to a committee constituted from among its own members. Completion of courses of studies in Colleges formerly affiliated to any other University. 56. Notwithstanding anything contained in this Act, the Statutes, the Ordinances and the Regulations, any student of a college affiliated formerly to any other University, who was studying for any examination of such other university, shall, upon admission of such college to the privileges of the University, shall, upon admission of such college to the privileges of the University, be permitted to complete his course in preparation therefor and the University shall hold, for such students examinations in accordance with the curricula of study in force in such other university for such period as may be prescribed. Transitory provisions. 57. (1) Within three months from the date of coming into force of this Act, the Chancellor shall appoint, on the recommendation of and on such terms and conditions as may be determined by the State Government, a person to be the Vice-Chancellor and he shall be the first Vice-Chancellor of the University and shall hold office for a period of three years. The first Vice-Chancellor shall exercise all the powers and perform all the duties of the Vice-Chancellor under this Act. (2) The first Vice-Chancellor shall, with the approval of the Chancellor and with the assistance of a Committee consisting of not less than nine members, nominated by the State Government, cause the first Statutes, the first Ordinances and the first Regulations of the University to be framed. (3) The first Vice-Chancellor shall, within one year from the date of his appointment or within such longer period, not exceeding (Substituted by the Tripura University (Amendment) Act, 1990 w.e.f. 10.9.1990) [three years] from the date of his appointment, as the State Government may, by notification in the Official Gazette, direct, cause arrangements to be made for constituting the Senate, the Syndicate, the Academic Council, the Boards of Faculties and the Boards of Studies in accordance with the provisions of the first Statutes, the first Ordinances and the first Regulations as framed under sub-section (2), as if they had already come into force. (4) If, for any reason,- (a) the constitution of the Senate, the Syndicate and other bodies referred to in sub-section (3) cannot be completed within the period of office of the first Vice-Chancellor appointed under sub-section (I), then, on the expiry of such period, the Chancellor may, on the recommendation of and on such terms and conditions as may be determined by the State Government, appoint the first Vice-Chancellor whose period of office has expired or another person to be Vice-Chancellor for the purposes of this section for such period not exceeding two years as the Chancellor thinks fit, or (b) a vacancy occurs in the office of the first Vice-Chancellor before the expiry of his office, then, the Chancellor may, on the recommendation of and on such terms and conditions as may be determined by the State Government, appoint another person to be the Vice-Chancellor for the purposes of this Section for the unexpired portion of such period or such further period not exceeding two years as the Chancellor thinks fit, and references in this Act to the first Vice-Chancellor shall be deemed to include references to the Vice-Chancellor appointed under this sub-section. (5) The State Government shall, by notification in the Official Gazette, appoint a date and on and from such date the Senate, the Syndicate, the Academic Council, the Boards of Faculty, and the Boards of studies shall commence to exercise their respective functions, and the first Statutes, the Ordinances and the first Regulations as framed under sub-section (2) shall come into force and be the first Statutes, the first Ordinances and the first Regulations of the University. (6) The first Statutes, the first Ordinances and the first Regulations of the university shall remain in force until new Statutes, new Ordinances and new Regulations are made under the provisions of this Act. (7) The first Vice-Chancellor may, subject to the approval of the State Government, appoint such administrative, clerical and other staff (including technical staff) as he deems necessary for giving effect to the provisions of the section. (8) On and from the appointed day - (a) all colleges or institutions of whatever kind established, maintained or managed in the State by any other University and affiliated to that University prior to the appointed day shall be deemed to be colleges or institutions established, maintained or managed by the University and affiliated to the University under this Act ; (b) all studies and examinations in relation to any college or institution referred to in clause (b), commenced and in progress before the appointed day, shall be deemed to be in progress as if they had been commenced by the University under this Act; (c) all things done or deemed to have been done, and all actions taken or deemed to have been taken and all appointments made in relation to any college or institution referred to in clause (b) under any law in force for the time being shall be deemed to be things done or actions taken or appointments made by the University under this Act as if this Act had been in force when such things were done or such actions were taken or such appointments were made : Provided that until the appointed day reference to the Vice-Chancellor under any such law shall be deemed to be reference to the first Vice-Chancellor under this Act. (9) In construing the provisions of section 19, section 22, section 24 and section 26 and in construing the provisions of the Statutes, the Ordinances and the Regulations of the University in relation to the constitution, under this section, of the Senate, the Syndicate, the Faculty Councils for Post-Graduate Studies, the Councils for Under-Graduate Studies and the Boards of Studies, references to the heads of departments of teaching of the University, the University Professors, University Readers, University Lecturers, and Teachers of the University shall be deemed to be references to the persons holding offices respectively as the heads of departments of teaching, Professors, Readers, Lecturers, and Teachers of the University, if any, immediately before the date of '[notification by the Vice-Chancellor for election of various authorities.] (10) The provisions of this section shall have effect notwithstanding anything to the contrary contained elsewhere in this Act or in any other law. The Tripura University Council. 58. (1) On and from the appointed date till constitution of the Syndicate, the Senate and other Statutory bodies, all powers and function of the Senate, the Syndicate or other such Statutory bodies, shall be exercised by a Council to be named the Tripura University Council and constituted under sub-section (2) and after constitution of all such bodies the Council should stand dissolved. (2) The following shall be the members of the Council : - (i) the Chancellor ; (ii) the vice-Chancellor ; (iii) the Secretary, Education Department, Government of Tripura ; (iv) the Secretary, Finance Department, Government of Tripura or his nominee not below' the rank of Deputy Secretary to the Government of Tripura ; (v) the Secretary, Law Department, Government of Tripura ; (vi) the President, Tripura Board of Secondary Education ; (vii) All Professors of the Post-Graduate Departments. (viii) 16 persons to be nominated by the Chancellor on the recommendation of the State Government in the following manner :.- (a) 4 (four) Teachers of the Post-Graduate Departments other than Professors. (b) 3 (three) students, one of whom should be a lady student, studying in the Post-Graduate Departments. (c) l(one) Non-teaching staff of the Tripura University Office. (d) 2 (two) Members of the Tripura Legislative Assembly. (e) (one) member of the Tripura Tribal Areas Autonomous District Council (TTAADC). (f) l(one) Principal from the Colleges. (g) l(one) teacher from the colleges. (h) 3 (three) persons interested in University education. (3) The Registrar of the University shall act as Secretary of the (4) The first Registrar, the first Financial Officer and such other officers of the University (including technical personnel) as may be required to be appointed from time to time shall be appointed by the Council on the recommendation of a Committee consisting of the Vice-Chancellor as Chairman, a nominee of the Council, a nominee of the State Government, and, subject to the supervision, direction and general control of the Vice-Chancellor, they shall exercise all the powers and perform all the duties conferred and imposed on them by or under this Act, or delegated to them by the Vice-Chancellor. (5) The Council may, subject to the approval of the State Government, appoint such administrative, clerical and-other staff (including technical staff) as it deems necessary for giving effect to the provisions of this section. (6) The Council may, with the approval of the Chancellor, delegate any of its powers and functions to such body or bodies as may be constituted by it to carry on the functions of the Senate, the Syndicate, the Faculty Council for Post-Graduate studies, the Councils for Under-graduate studies, the Boards of Studies, the Finance Committee and all other authorities to be constituted under this Act or the Statutes or the Ordinances: Provided that such delegation shall not prevent the exercise of any such powers or discharge of any such functions by the Council. (7) (a) (i) The Chancellor or, in his absence, the Vice-Chancellor shall preside at the meeting of the Council ; (ii) Twenty-five percent of the Council shall form quorum for a meeting of the Council ; (b) Twenty-five percent of the members of any body constituted by the Council shall be a quorum for a meeting of such body. (8) No act or proceeding of the Council or of any body constituted by it shall be invalid or called in question by reason of the existence of any vacancy, initial or subsequent, in the Council or in any body constituted by the Council, as the case may be. (9) The other provisions of this Act shall, if in conflict with the provisions of this section, stand modified to the extent provided in this section : Provided that nothing in this sub-section shall affect the power of the Chancellor or the Vice-chancellor under this Act. (10) If a vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation or expiry of the term of his office or otherwise, the same shall be filled up by the Chancellor on the recommendation of the State Government. (11) Any vacancy in the Council occurring by reason of death, resignation or otherwise shall be filled up by the Chancellor on the recommendation of the State Government, in so far as such filling up is not inconsistent with the provisions of this Section. (12) If, by reason of the other provisions of this Act, any difficulty arises in giving effect to the provisions of this section, the Council shall refer such difficulty to the State Government which may make such order or do such thing, not inconsistent with the provisions of this section, as appears to it to be necessary or expedient for removing the difficulty. Removal of difficulties. 59. If on account of any lacuna or omission in the provisions of this Act, or for any other reason whatsoever, any difficulty arises as to the first constitution of any authority, of the University under this Act, or otherwise in giving effect to the provisions of this Act, the State Government, as occasion may require, may by order do anything which appears to it to be necessary for the purpose of removing the difficulty notwithstanding anything to the contrary elsewhere in this Act or in any other law. |
Tripura State Acts |