SupremeToday Landscape Ad

INDIRA GANDHI NATIONAL OPEN UNIVERSITY ACT, 1985

Read full Act
S.1 Short title and commencement

       (1) This Act may be called the Indira Gandhi National Open University, Act, 1985.
       (2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.
       ________________________
       1. 21-5-1985


S.2 Definitions

       In this Act, and the Statutes made hereunder, unless the context otherwise, requires,--
       (a) "Academic Council" means the Academic Council of the University;
       (b) "Board of Management" means the Board of Management of the University;
       (c) "Board of Recognition" means the Board of Recognition of the University;
       (d) "College" means a College or other academic institution established or maintained by, or admitted to the privileges of, the University;
       (e) "distance education system" means the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or more of such means;
  &

S.3 Establishment and incorporation of the University

       (1) There shall be established a University by the name of "the Indira Gandhi National Open University".
       (2) The headquarters of the University shall be at Delhi and it may establish or maintain Colleges, Regional Centres and Study Centres at such other places in India as it may deem fit.
       1["Provided that the University may, with the prior approval of the Visitor, also establish Study Centres outside India.".]
       (3) The first Vice-Chancellor, the first Pro-Vice-Chancellors and the first members of the Board of Management, the Academic Council and the Planning Board and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of "the Indira Gandhi National Open University".
&nb

S.4 The objects of the University

The objects of the University shall be to advance and disseminate learning and knowledge by a diversity of means, including the use of any communication technology, to provide opportunities for higher education to a larger segment of the population and to promote the educational well being of the community generally, to encourage the Open University and distance education systems in the educational pattern of the country and to co-ordinate and determine the standards in such systems, and the University shall, in organising its activities, have due regard to the objects specified in the First Schedule.


S.5 Powers of the University

       (1) The University shall have the following powers, namely:--
       (i) to provide for instruction in such branches of knowledge, technology, vocations and professions as the University may determine from time to time and to make provision for research;
       (ii) to plan and prescribe courses of study for degrees, diplomas, certificates or for any other purpose;
       (iii) to hold examinations and confer degrees, diplomas, certificates or other academic distinctions or recognitions on persons who have pursued a course of study or conducted research in the manner laid down by the Statutes and Ordinances;
       (iv) to confer honorary degrees or other distinction in the manner laid down by the Statutes;
       (v) to determine the mann

S.6 Jurisdiction

       The University shall in the exercise of its powers have jurisdiction over the whole of India.1[and to the Study Centres outside India]
       ___________________________
       1. Inserted by Indira Gandhi National Open University (Amdt) Act, 1997 w.e.f. 29-08-1997.


S.7 University open to all classes, castes and creeds

       (1) The University shall be open to persons of either sex and 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 religions 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 admitted as a student in the University, or to graduate thereat, or to enjoy or exercise any privilege thereof.
       (2) Nothing in sub-section (1) shall be deemed to prevent the University from making any special provision for the appointment or admission of women or of persons belonging to the weaker sections of the society, and in particular, of persons belonging to the Schedule Castes or Scheduled Tribes.


S.8 The Visitor

       (1) The President of India shall be the Visitor of the University.
       (2) Subject to the provisions of sub-sections (3) and (4), the Visitor shall have the right to cause an inspection to be made, by such person or persons as he may direct, of the University, its buildings, laboratories and equipment, and of any College Regional Centre, a Study Centre and also of the examination, instruction and other work conducted or done by the University, and to cause an inquiry to be made in like manner in respect of any matter connected with the administration and finance of the University.
       (3) The Visitor shall, in every case, give notice to the University of his intention to cause an inspection or inquiry to be made and the University shall, on receipt of such notice, have the right to make, within thirty days from the date of receipt of the notice

S.9 Officers of the University

       The following shall be the officers of the University:-
       (1) The Vice-Chancellor;
       (2) The Pro-Vice-Chancellors;
       (3) The Directors;
       (4) The Registrars;
       (5) The Finance Officer, and
       (6) Such other officers as may be declared by the Statutes to be the officers of the University.


S.10 The Vice-Chancellor

       (1) The Vice-Chancellor shall be appointed by the Visitor in such manner for such term and on such emoluments and other conditions of service as may be prescribed by the Statutes.
       (2) The Vice-Chancellor shall be the principle academic and executive officer of the University, and shall exercise supervision and control over the affairs of the University and give effect to the decisions of the all the authorities of the University.
       (3) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority the action taken by him on such matter:
       Provided that if the authority concerned is of the opinion that such action ought not to have been taken, i

S.11 The Pro-Vice-Chancellors

Every Pro-Vice-Chancellor shall be appointed in such manner, on such emoluments and other conditions of service, and shall exercise such powers and perform such functions, as may be prescribed by the Statutes.


S.12 The Directors

Every Director shall be appointed in such manner, on such emoluments and other conditions of service, and shall exercise such powers and perform such functions, as may be prescribed by the Statutes


S.13 The Registrars

       (1) Every Registrar shall be appointed in such manner, on such emoluments and other conditions of service as may be prescribed by the Statutes.
       (2) A Registrar empowered by the Board of Management shall have the power to enter into, and sign, agreements and authenticate records on behalf of the University.
       (3) Every Registrar shall exercise such powers and perform such functions as may be prescribed by the Statutes.


S.14 The Finance Officer

The Finance Officer shall be appointed in such manner, on such emoluments and other conditions of service and shall exercise such powers and perform such functions as may be prescribed by the Statutes.


S.15 Other officers

The manner of appointment, emoluments, powers and duties of the other officers of the University shall be prescribed by the Statutes.


S.16 Authorities of the University

       The following shall be the authorities of the University:-
       (1) The Board of Management;
       (2) The Academic Council;
       (3) The planning Board;
       (4) The planning Board;
       (4) The Board of Recognition;
       (5) The Schools of Studies;
       (6) The Finance Committee; and
       (7) Such other authorities as may be declared by the Statutes to be the authorities of the University.


S.17 The Board of Management

       (1) The Board of Management shall be the principal executive body of the University.
       (2) The constitution of the Board of Management, the term of office of its members and its powers and functions shall be prescribed by the Statutes.


S.18 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 Ordinances, have the control and general regulation of, and be responsible for, the maintenance of standards of learning, education, instruction, evaluation and examination within the University and shall exercise such other powers and perform such other functions as may be conferred or imposed upon it by the Statutes.
       (2) The constitution of the Academic Council and the term of office of its members shall be prescribed by the Statutes.


S.19 The Planning Board

       (1) There shall be constituted a Planning Board of the University which shall be the principle planning body of the University and shall also be responsible for the monitoring of the developments of the University on the lines indicated in the objects of the University.
       (2) The constitution of the Planning Board, the term of office of its members and its powers and functions shall be prescribed by the Statutes.


S.20 The Board of Recognition

       (1) The Board of Recognition shall be responsible for admitting Colleges to the privileges of the University.
       (2) The constitution and the other powers and functions of the Board of Recognition shall be prescribed by the Statutes.


S.21 The Schools of Studies

       (1) There shall be such number of Schools of Studies as the University may determine from time to time.
       (2) The constitution, powers and functions of the Schools of Studies shall be prescribed by the Statutes.


S.22 The Finance Committee

The Constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes.


S.23 Other authorities

The constitution, powers and functions of the other authorities which may be declared by the Statutes to be authorities of the University shall be prescribed by the Statutes.


S.24 Statutes

       Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:-
       (a) the manner of appointment of the Vice-Chancellor, the term of his appointment, the emoluments and other conditions of his service and the powers and functions that may be exercised and performed by him;
       (b) the manner of appointment of Pro-Vice-Chancellors, Director, Registrars, the Finance Officer and other officers, the emoluments and other conditions of their service and the powers and functions that may be exercised and performed by each of the officers;
       (c) the constitution of the Board of Management and other authorities of the University, the terms of office of the members of such authorities and the powers and functions that may be exercised and performed by such author

S.25 Statutes how made

       (1) The first Statutes are those set out in the Second Schedule.
       (2) The Board of Management may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1):
       Provided that the Board of Management shall not make, amend or repeal any Statute affecting the status, powers or constitution of any authority of the University until such authority has been given a reasonable opportunity to express its opinion in writing on the proposed changes and any opinion so expressed has been considered by the Board of Management.
       (3) Every new Statute or addition to the Statutes or any amendment or repeal thereof shall require the approval of the Visitor, who may assent thereto or withhold assent or remit to the Board of Management for reconsideration in

S.26 Ordinances

       (1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:-
       (a) the admission of students, the course of study and the fees therefor, the qualifications pertaining to degrees, diploma, certificates and other course, the conditions for the grant of fellowships, awards and the like;
       (b) the conduct of examinations, including the terms and conditions and appointment of examiners;
       (c) the management of Colleges admitted to the privileges of the University; and
       (d) any other matter which by this Act or the Statutes is to be, or may be, provided for by the Ordinances.
       (2) The first Ordinances shall be made by the Vice-Chancellor with t

S.27 Regulations

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


S.28 Annual report

       (1) The annual report of the University shall be prepared under the directions of the Board of Management which shall include, among other matters, the steps taken by the University towards the fulfilment of its objects.
       (2) The annual report so prepared shall be submitted to the Visitor on or before such date as may be prescribed by the Statutes.
       (3) A copy of the annual report, as prepared under sub-section (1) shall also be submitted to the Central Government which shall, as soon as may be, cause the same to be laid before both the Houses of Parliament.


S.29 Annual accounts, etc

       (1) The annual accounts and the balance sheet of the University shall be prepared under the directions of the Board of Management 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 such person or person as he may authorise in this behalf.
       (2) A copy of the accounts together with the audit report shall be submitted to the Visitor along with the observations, if any, of the Board of Management.
       (3) Any observations made by the Visitor on the annual accounts shall be brought to notice of the Board of Management and the views of the Board of Management, if any, on such observations shall be submitted to the Visitor.
       (4) A copy of the accounts together with the audit report, as submitted to the Visito

S.30 Conditions of service of employees

       (1) Every employees of the University shall be appointed under a written contract and such contract shall not be inconsistent with the provisions of this Act, the Statutes and the Ordinances.
       (2) The contract referred to in sub-section (1) shall be lodged with the University and a copy of which shall be furnished to the employee concerned.


S.31 Tribunal of Arbitration

       (1) Any dispute arising out of a contract of employment referred to in S. 30 between the University and an employee shall, at the request of either party, be referred to a Tribunal of Arbitration which shall consist of one member nominated by the Board of Management, one member nominated by the employees concerned and an umpire to be nominated by the Visitor.
       (2) Every such reference 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 S. 2 thereof, shall apply accordingly.
       (3) The procedure for regulating the work of the Tribunal of Arbitration shall be prescribed by the Statutes.
       (4) The decision of the Tribunal of Arbitration shall be final and binding on th

S.32 Provident and pension funds

       (1) The University shall constitute for the benefit of the employees such provident or pension funds 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.
       (2) Where such provident or pension fund has been so constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925 shall apply to such funds, as if it were a Government Provident Fund.


S.33 Disputes as to the constitution of the University authorities and bodies

If any question arises to whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or other body of the University, the matter shall be referred to the Visitor whose decision thereon shall be final.


S.34 Filling of casual vacancies

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


S.35 Proceedings of the University authorities or bodies not invalidated by vacancies

No act or proceedings of any authority or any other body shall be invalidated merely by reason of the existence of any vacancy or vacancies among its members.


S.36 Protection of action taken in good faith

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


S.37 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 the possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar so designated shall, notwithstanding anything contained in the Indian Evidence Act, 1872 or in any other law for the time being in force, be admitted as evidence of the matters and transactions specified therein, where the original thereof would, if produced, have been admissible in evidence.


S.38 Provided to remove difficulties

       If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Gazette of India, make such provisions, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty:
       Provident that no such order shall be made under this section after the expiry of three years from the commencement of this Act.


S.39 Transitional provisions

       Notwithstanding anything contained in this Act and the Statutes:--
       (a) The first Vice-Chancellor, the first Registrar and the first Finance Officer shall be appointed by the Visitor and they shall be governed by the terms and conditions of service specified by the Statutes:
       Provided that the first Vice-Chancellor shall be eligible for appointment in the manner specified in the Statutes for another term;
       (b) The first Board of Management shall consist of not more than fifteen members who shall be nominated by the Visitor and they shall hold office for a term of three years; and
       (c) (i) The first Planning Board shall consist of not more than ten members who shall be nominated by the Visitor and they shall hold office for a term of three years;
&nbs

S.40 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.
       (2) Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or successive sessions aforesaid, both. Houses agree in making any modification in the Statute, Ordinance or Regulation or both Houss agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity

Sch.1 SCHEDULE

       [See section 4]
       THE OBJECTS OF THE UNIVERSITY
       1. The University shall endeavour through education, research, training and extension to play a positive role in the development of the country, as, based on the rich heritage of the country, to promote and advance the culture of the people of India and its human resources. Towards this end, it shall:-
       (a) strengthen and diversify the degree, certificate and diploma courses related to the needs of employment and necessary for building the country on the basis of its natural and human resources;
       (b) provide access to higher education for large segments of the population, and in particular, the disadvantage groups such as those living in remote and rural areas including working people, housewives and other

Sch.2 SCHEDULE

       (See section 24)
       STATUTES OF THE UNIVERSITY
       1. The Vice-Chancellor
       (1) The Vice-Chancellor shall be a whole-time salaried officer of the University.
       (2) The Vice-Chancellor shall be appointed by the Visitor from out of a panel of not less than three persons recommended (the names being arranged in the alphabetical order) by a committee constituted under clause (3):
       Provided that if the Visitor does not approve of any of the persons so recommended he may call for fresh recommendations.
       (3) The committee referred to in clause (2) shall consist of three members of whom two shall be nominated by the Board of Management and one by the Visitor, and the person nominat

APPENDIX.1 APPENDIX

       General Provident Fund-cum-Pension-cum-Gratuity Scheme
       SECTION 1
       General Provident Fund
       (1) NOMINATIONS:
       1.1 A subscriber shall, at the time of joining the Fund, send to the Finance Officer, a nomination in the prescribed form conferring on one or more persons the right to receive the amount that may stand to his credit in the Fund, in the event of his death, before the amount has become payable or having become payable has not been paid:
       1.1.1 Provided, that if, at the time of making nomination, the subscriber has a family the nomination shall not be in favour of any person or persons other than the members of his family.
       1.1.2 Provide further that the nominat

FORM.1 FORM

       (Referred to in rule 1.3 of section 1 of Appendix 'A')
       FORMS OF NOMINATION
       (For General/Contributory Provident Fund)
       Account No.........................
       I.................................... hereby nominate the person(s) mentioned below who is are member(s) non-members of my family as defined in sub-section (d) of clause 3 of Statute 23 to receive the amount that may stand to my credit in the Fund as indicated below in the event of my death before that amount has become payable or having become payable has not been paid.
       __________________________________________________________________________________________________________
       Name & Full Relationship Age of the

FORM.2 FORM

       (Referred in rule 25.1 of section III of App. A)
       When the employee has no family and wishes to nominee one person, on more than one person, thereof.
       I................................hereby nominate the person/persons mentioned below and confer on him/them the right to receive, to the extent specified below, any gratuity the payment of which may be authorised by the IGNOU in the event of my death, to the extent specified below, any gratuity which having become admissible to me on retirement may remain unpaid at my death:--
       __________________________________________________________________________________________
       Original nominee(s) Alternate nominee(s)
       ______________________________________________________

FORM.2(a) FORM

       (Referred in rule 25.1 of section III of App. A)
       When the employee has no family and wishes to nominate one person, or more than one person, thereof.
       I.......................... having no family hereby nominate the person/persons mentioned below and confer on him/them the right to receive, to the extent specified below, any gratuity *the payment of which may be authorised by the IGNOU in the event of my death, to the extent below, any gratuity which having become admissible to me on retirement may remain unpaid at my death:--
       ___________________________________________________________________________________________________
       Original nominee(s) Alternate nominee(s)
       _________________________________________

FORM.3 FORM

       (Referred in para 32.10 of section IV of App. A)
       DETAILS OF FAMILY
       Name of the Employee :
       Designation :
       Date of birth :
       Date of appointment :
       Details of the members of my family* as on :--
       _______________________________________________________________________________________________
       Sl. Name of the members of family* Date of birth Relationship with Initial of the Remarks
       No. the officer Head of the office
       _______________________________________________________________________________

FORM.4 FORM

       FORM OF FAMILY PENSION
       (See rule 32.11 of section IV of Appendix A)
       Subject:-- Payment of family pension in respect of the late Shri/Smt............................................................................
       ........................................................................................................................................................................
       The undersigned has learnt with regret the death of Shri/Smt....................................................................................
       ........................................................................................................................................................................
  &nb

SupremeToday Portrait Ad

Enter the Future of Legal Excellence with SupremeToday AI

Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.

experience-legal
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top