AMENDING ACT

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Sections (97)

1 · Short title and commencement . — (1) This Act may be called the Nagaland University Act, 1989.

2 · Definitions. — In this Act, and in all Statutes made thereunder, unless the context otherwise requires,—

1 · 6th September, 1994, vide Notifn . No . S.O. 644(E), dated 6th September, 1994, see Gazette of India, 1994, Extraordinary, Part II , s . 3(ii) .

3 · The University.—(1) There shall be established a University by the name of " Nagaland University " .

4 · Objects of the University.—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; to make provisions for integrated courses in humanities, natural and physical sciences, social sciences, agricultural science and forestry and other allied disciplines in the educational programmes of the University; and to take appropriate measures for promoting innovations in teaching-learning processes, inter-disciplinary studies and research; to educate and train manpower for the development of the State of Nagaland; and to pay special attention to the improvement of the social and economic conditions and welfare of the people of that State, their intellectual, academic and cultural development .

5 · . Transfer of properties of North-Eastern Hill University.—On and from the commencement of this Act, all properties of the North-Eastern Hill University in the State of Nagaland shall stand transferred to, and vest in, the University and shall be applied to the objects for which the University is established .

6 · Powers of the University.—The University shall have the following powers, namely:—

7 · Jurisdiction . — (1) The jurisdiction of the University shall extend to the whole of the State of Nagaland .

8 · University open to all classes, castes and creed . — The University shall be open to persons of either sex and of whatever caste, creed, race or class, and it shall not be lawful for the University to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the University or to hold any other office therein or be admitted as a student in the University or to graduate thereat or to enjoy or exercise any privilege thereof:

9 · The Visitor . — (1) The President of India shall be the Visitor of the University .

10 · The Chief Rector. — The Governor of the State of Nagaland shall be the Chief Rector of the University .

11 · Officers of the University.—The following shall be the officers of the University:—

12 · The Chancellor. — (1) The Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes .

13 · The Vice -Chancellor. — (1) The Vice-Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes .

14 · The Pro -Vice -Chancellor. — The Pro -Vice -Chancellor shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes .

15 · Deans of Schools. — Every Dean of a School shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes .

16 · The Registrar.—(1) The Registrar shall be appointed in such manner as may be prescribed by the Statutes .

17 · The Finance Officer. — The Finance Officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes .

18 · Other officers. — The manner of appointment and powers and duties of the other officers of the University shall be prescribed by the Statutes .

19 · Authorities of the University.—The following shall be the authorities of the University:—

20 · The Court. — (1) The constitution of the Court and the term of office of its members shall be prescribed by the Statutes .

21 · The Executive Council. — (1) The Executive Council shall be the principal executive body of the University .

22 · The Academic Council. — (1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and the Ordinances, co-ordinate and exercise general supervision over the academic policies of the University .

23 · The Planning Board.—(1) The Planning Board shall be the principal planning body of the University .

24 · The Boards of Schools. — The constitution, powers and functions of the Boards of Schools shall be prescribed by the Statutes .

25 · The Finance Committee. — The constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes .

26 · Other authorities of the University.—The constitution, powers and functions of other authorities, as may be declared by the Statutes to be the authorities of the University, shall be prescribed by the Statutes .

27 · Power to make Statutes . — Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:—

28 · Statutes how to be made. — (1) The first Statutes are those set out in the Schedule .

29 · Power to make Ordinances. — (1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:—

30 · Regulations.—The authorities of the University may make Regulations, consistent with this Act, the Statutes and the Ordinances for the conduct of their own business and that of the Committees appointed by them and not provided for by this Act, the Statutes or the Ordinances, in the manner prescribed by the Statutes .

31 · Annual report.—(1) The annual report of the University shall be prepared under the direction of the Executive Council, which shall include, among other matters, the steps taken by the University towards the fulfilment of its objects and shall be submitted to the Court on or after such date as may be prescribed by the Statutes and the Court shall consider the report in its annual meeting .

32 · Annual accounts. — (1) The annual accounts and balance-sheet of the University shall be prepared under the directions of the Executive Council and shall, once at least every year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India or by such persons as he may authorise in this behalf. f.

33 · Transfer of services of certain employees of the North-Eastern Hill University.—(1) Subject to the provisions of this Act, every person employed immediately before the commencement of this Act by the North-Eastern Hill University in the State of Nagaland shall be given an option , to be exercised in such manner and within such time as may be prescribed by the Statutes, to join the University on the same terms and conditions and to the same rights and privileges as to pension, gratuity, provident fund and other matters, as he would have had under the North-Eastern Hill University Act, 1973 (24 of 1973) .

34 · Conditions of service of employees.—(1) Every employee of the University shall be appointed under a written contract, which shall be lodged with the University and a copy of which shall be furnished to the employee concerned .

35 · Procedure of appeal and arbitration in disciplinary cases against students.—(1) Any student or candidate for an examination whose name has been removed from the rolls of the University by the orders or resolution of the Vice -Chancellor, Discipline Committee or Examination Committee, as the case may be, and who has been debarred from appearing at the examinations of the University for more than one year, may; within ten days of the date of receipt of such orders or copy of such resolution by him , appeal to the Executive Council and the Executive Council may confirm, modify or reverse the decision of the Vice -Chancellor or the Committee, as the case may be .

36 · Right to appeal.—Every employee or student of the University or of a College or Institution maintained by the University or admitted to its privileges shall, notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed by the Statutes, to the Executive Council against the decision of any officer or authority of the University or of the Principal or the management of any College or an Institution, as the case may be, and thereupon the Executive Council may confirm, modify or reverse the decision appealed against .

37 · Provident and pension funds.—(1) The University shall constitute for the benefit of its employees such provident or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes .

38 · Disputes as to constitution of University authorities and bodies.—If any question arises as to whether any person has been duly appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Visitor whose decision thereon shall be final .

39 · Constitution of Committees. — Where any authority of the University is given power by this Act or the Statutes to appoint Committees, such Committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other person, if any, as the authority in each case may think fit .

40 · Filling of casual vacancies . —A —All casual vacancies among the members (other than ex officio members) of any authority or other body of the University shall be filled, as soon as may be, by the person or body who appointed or co-opted the member whose place has become vacant and person appointed or co-opted to a causal vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member .

41 · Proceedings of University authorities or bodies not invalidated by vacancies.—No act or proceedings of any authority or other body of the University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members .

42 · Protection of action taken in good faith.—No suit or other legal proceedings shall lie against any officer or other employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act , t the Statutes or the Ordinances .

43 · Mode of proof of University record.—A copy of any receipt, application, notice, order , proceeding, resolution of any authority or Committee of the University, or other documents in possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt , application, notice , order, proceeding , resolution or documents or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the Indian Evidence Act , 1872 (1 of 1872) or in any other law for the time being in force .

44 · Power to remove difficulties. — (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:

45 · Transitional provisions.—Notwithstanding anything contained in this Act and the Statutes,—

46 · Completion of courses of studies in Colleges or Institutions affiliated to the University.—Notwithstanding anything contained in this Act, or in the Statutes or the Ordinances, any student of College, Institution, School or Department, who, immediately before the admission of such College, Institution, School or Department, to the privileges of the University, was studying for a degree, diploma or certificate of the North-Eastern Hill University, shall be permitted by the University, to complete his course for that degree, diploma or certificate, as the case may be, and the Nagaland University and such College, Institution, School or Department, shall provide for the instructions and examination of such student in accordance with the syllabus of studies of the North-Eastern Hill University .

47 · Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament. — (1) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette .

48 · [Amendment of Act 24 of 1973 . ]—Rep. by the Repealing and Amending Act, 2001 (30 of 2001) , s . 2 and the First Sch. (w.e.f. 3-9-2001) .

1 · (1) The Chancellor shall be appointed by the Visitor from a panel of not less than three persons recommended by the Executive Council from amongst persons of eminence in the academic or public life of the country:

2 · (1) The Vice-Chancellor shall be appointed by the Visitor from a panel of not less than three persons who shall be recommended by a Committee as constituted under clause (2):

3 · (1) The Vice-Chancellor shall be ex officio Chairman of the Executive Council, the Academic Council, the Planning Board and the Finance Committee and shall, in the absence of the Chancellor, preside at the convocations held for conferring degrees .

4 · (1) Every Pro-Vice-Chancellor shall be appointed by the Executive Council on the recommendation of the Vice -Chancellor:

5 · (1) The Registrar shall be appointed by the Executive Council on the recommendation of a Selection Committee constituted for the purpose and shall be a whole-time salaried officer of the University .

6 · (1) The Finance Officer shall be appointed by the Executive Council on the recommendations of a Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University .

7 · (1) Every Dean of a School of Studies shall be appointed by the Vice-Chancellor from among the Professors in the School for a period of three years and he shall be eligible for reappointment:

8 · (1) Each Department shall have a Head who shall be a Professor and whose duties and functions and terms and conditions of appointments shall be prescribed by the Ordinances:

9 · (1) Every Proctor shall be appointed by the Executive Council on the recommendation of the Vice -Chancellor and shall exercise such powers and perform such duties as may be assigned to him by the Vice -Chancellor .

10 · (1) The Librarian shall be appointed by the Executive Council on the recommendations of the Selection Committee constituted for the purpose and he shall be a whole-time officer of the University .

11 · (1) An annual meeting of the Court shall be held on a date to be fixed by the Executive Council unless some other date has been fixed by the Court in respect of any year .

12 · Five members of the Executive Council shall form a quorum for a meeting of the Executive Council .

13 · (1) The Executive Council shall have the power of management and administration of the revenue and property of the University and the conduct of all administrative affairs of the University not otherwise provided for .

14 · Nine members of the Academic Council shall form a quorum for a meeting of the Academic Council .

15 · Subject to the Act, the Statutes and the Ordinances, the Academic Council shall, in addition to all other powers vested in it, have the following powers, namely:—

16 · (1) The Planning Board shall be the principal planning body of the University and shall be responsible for—

17 · (1) The University shall have such Schools of Studies as may be specified by the Ordinances .

18 · (1) Each Department shall have a Board of Studies .

19 · (1) The Finance Committee shall consist of the following members, namely:—

20 · (1) There shall be Selection Committees for making recommendations to the Executive Council for appointment to the posts of Professor, Reader, Lecturer, Registrar, Finance Officer, Librarian and Principals of Colleges and Institutions maintained by the University .

21 · (1) Notwithstanding anything contained in Statute 20, the Executive Council may invite a person of high academic distinction and professional attainments to accept a post of Professor or Reader or any other academic post in the University, as the case may be, on such terms and conditions as it deems fit, and on the person agreeing to do so appoint him to the post .

22 · The Executive Council may appoint a person selected in accordance with the procedure laid down in Statute 20 for a fixed tenure on such terms and conditions as it deems fit .

23 · (1) The qualifications of recognised teachers shall be such as may be prescribed by the Ordinances .

24 · (1) Any authority of the University may appoint as many standing or special Committees as it may deem fit, and may appoint to such Committees persons who are not members of such authority .

25 · (1) All the teachers and other academic staff of the University shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes , the Ordinances and the Regulations .

26 · All the employees of the University, other than the teachers and other academic staff of the University, shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations .

27 · (1) Whenever, in accordance with the Statutes, any person is to hold an office or be a member of an authority of the University by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade, and in accordance with such other principles as the Executive Council may, from time to time, prescribe .

28 · (1) Where there is an allegation of misconduct against a teacher, a member of the academic staff or other, employee of the University, the Vice-Chancellor, in the case of the teacher or member of the academic staff, and the authority competent to appoint (hereinafter referred to as the appointing authority) in the case of other employee, may, by order in writing place such teacher, member of the academic staff or other employee, as the case may be, under suspension and shall forthwith report to the Executive Council the circumstances in which the order was made:

29 · (1) The Executive Council may, on the recommendation of the Academic Council and by a resolution passed by a majority of not less than two-thirds of the members present and voting , make proposals to the Visitor for the conferment of honorary degrees:

30 · The Executive Council may, by a special resolution passed by a majority of not less than two -thirds of the members present and voting, withdraw any degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the University for good and sufficient cause:

31 · (1) All powers relating to discipline and disciplinary action in relation to students of the University shall vest in the Vice-Chancellor .

32 · All powers relating to discipline and disciplinary action in relation to Students of a College or an Institution, not maintained by the University, shall vest in the Principal of the College or Institution, as the case may be, in accordance with the procedure prescribed by the Ordinances .

33 · (1) Colleges and other Institutions situated within the jurisdiction of the University may be admitted to such privileges of the University as the Executive Council may decide on the following conditions, namely:—

34 · Convocations of the University for the conferring of degrees or for other purposes shall be held in such manner as may be prescribed by the Ordinances .

35 · Where no provision is made for a President or Chairman to preside over a meeting of any authority of the University or any committee of such authority or when the President or Chairman so provided for is absent, the members present shall elect one from among themselves to preside at such meeting .

36 · Any member, other than an ex officio member of the Court, the Executive Council, the Academic Council or any other authority of the University or any Committee of such authority may resign by letter addressed to the Registrar and the resignation shall take effect as soon as such letter is received by the Registrar .

37 · (1) A person shall be disqualified for being chosen as, and for being, a member of any of the authorities of the University,—

38 · Notwithstanding anything contained in the Statutes, a person who is not ordinarily resident in India shall be eligible to be an officer of the University or a member of any authority of the University .

39 · Notwithstanding anything contained in the Statutes, a person who holds any post in the University or is a member of any authority or body of the University in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be .

40 · (1) There shall be an Alumni Association for the University .

41 · (1) There shall be constituted in the University, a Students ' Council for every academic year, consisting of:

42 · (1) The first Ordinances made under sub-section (2) of section 29 may be amended, repealed or added to at any time by the Executive Council in the manner specified below .

43 · (1) The authorities of the University may make Regulations consistent with the Act, the Statutes and the Ordinances for the following matters, namely:—

44 · Subject to the provisions of the Act and the Statutes, any officer or authority of the University may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers .

2 · The Nagaland University will be a teaching-cum-affiliating University with jurisdiction over the entire State with headquarters at Lumami . In addition to offering under-graduate and post-graduate programmes in Humanities and Sciences, the University would focus its attention on subjects related to the development and manpower requirements of the State.

3 · With the establishment of the Nagaland University, the jurisdiction of the North-Eastern Hill University shall cease over the State of Nagaland .

4 · It is hoped that the establishment of a Central University in Nagaland would meet the aspirations and needs of the people of the State.

5 · The Bill seeks to achieve the above objectives.

Subordinates (2)

Elbe @uzette of Jubia

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Registered No. D (DN) 127/88

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