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RAJIV GANDHI NATIONAL AVIATION UNIVERSITY ACT, 2013

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S.1 Short title and commencement.

       (1) This Act may be called the Rajiv Gandhi National Aviation University Act, 2013.
       (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.


S.2 Definitions.

       In this Act, and in all Statutes made hereunder, unless the context otherwise requires,-
       (a) ''Academic Council'' means the Academic Council of the University;
       (b) ''academic staff'' means such categories of staff as are designated as academic staff by the Ordinances;
       (c) ''Board of Schools'' means the Board of Schools of the University;
       (d) ''Campus'' means the unit established or constituted by the University for making arrangements for instruction, research, education and training;
       (e) ''Chancellor and Vice-Chancellor'' mean, respectively, the Chancellor and Vice-Chancellor of the University;
       (f) ''College'' means a college maintained by or admitted to

S.3 Establishment of University.

       (1) There shall be established a University by the name of ''Rajiv Gandhi National Aviation University''.
       (2) The headquarters of the University shall be at Fursatganj in the District of Raebareli in the State of Uttar Pradesh;
       (3) The University may establish or maintain campuses and centres at such other places within its jurisdiction as it may deem fit.
       (4) The first Chancellor, the first Vice-Chancellor, the first members of the Court, the Executive Council, the Academic Council, and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, shall constitute the University.
       (5) The University shall have perpetual succession and a common seal with power, subject to the provi

S.4 Objects of University.

       The objects of the University shall be,-
       (i) to facilitate and promote aviation studies, teaching, training, research and extension work with focus on emerging areas of studies such as aviation management, aviation regulation and policy, aviation history, aviation science and engineering, aviation law, aviation safety and security, aviation medicine, search and rescue, transportation of dangerous goods, environmental studies and other related fields, and also to achieve excellence in these and connected fields in emerging areas and such areas as may emerge in future;
       (ii) to promote advanced knowledge by providing institutional and research facilities in such branches of learning as it may deem fit and to make provisions for integrated courses in management, science and other key and frontier areas of technology and allied disciplin

S.5 Powers of University.

       (1) The University shall have the following powers, namely:-
       (i) to provide for instructions in the aviation related natural sciences, social sciences, humanities, engineering, technology and medicine or as the University may, from time to time, determine and to make provision for research and for the advancement and dissemination of knowledge;
       (iii) to establish and maintain campuses, departments, laboratories, libraries, museums, centres of research, training and specialised studies;
       (iv) to establish and maintain hostel, health centres and other related facilities like auditoria, playgrounds, gymnasiums, swimming pools and training facilities;
       (v) to establish linkages and collaborate with any other college or University, research institutio

S.6 Jurisdiction.

The jurisdiction of the University shall extend to the whole of India.


S.7 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:
       Provided that nothing in this section shall be deemed to prevent the University from making special provisions for the employment or promotion of educational interests of women, physically challenged or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes and the Scheduled Tribes:
       Provided further that no such special provision shall be mad

S.8 Fund of University.

       (1) There shall be a University Fund which shall include-
       (a) any contribution or grant made by the Central Government or aninstrumentality of the Central Government;
       (b) any contribution or grant made by the State Governments;
       (c) any contribution from aviation companies and aviation industry both Indianand international;
       (d) any bequests, donations, endowments or other grants made by any private individual or institution;
       (e) income received by the University from fees and charges; and
       (f) amounts received from any other source.
       (2) The said fund shall be utilised for such purposes of the University and in such

S.9 The Visitor.

       (1) The President of India shall be the Visitor of the University: Provided that the President may, by order, nominate any person to be the Visitor and such person so nominated shall hold office for such term, not exceeding five years as may be specified in the order and the person so nominated shall exercise the powers and discharge duties of the Visitor.
       (2) The Visitor may, from time to time, appoint one or more persons to review the work and progress of the University, including colleges and institutions managed by it, and to submit a report thereon; and upon receipt of that report, the Visitor may, after obtaining the views of the Executive Council thereon through the Vice-Chancellor, take such action and issue such directions, as he considers necessary, in respect of any of the matters dealt with in the report and the University shall be bound to comply with such directions.

S.10 Officers of University.

       The following shall be the officers of the University:-
       (1) the Chancellor;
       (2) the Vice-Chancellor;
       (3) the Deans of Schools;
       (4) the Registrar;
       (5) the Finance Officer;
       (6) the Controller of Examinations; and
       (7) such other officers as may be declared by the Statutes to be officers of theUniversity.


S.11 The Chancellor.

       (1) The Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.
       (2) The Chancellor shall, by virtue of his office, be the head of the University.
       (3) The Chancellor shall, if present, preside at the Convocations of the University held for conferring degrees.


S.12 The Vice-Chancellor.

       (1) The Vice-Chancellor shall be appointed by the Visitor in such manner for such term and on such emoluments and other conditions of service as may be prescribed by the Statutes.
       (2) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University.
       (3) The Vice-Chancellor may, if he is of 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 opinion that such action ought not to have been taken, it m

S.13 The Deans of Schools.

Every Dean of the School shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.


S.14 The Registrar.

       (1) The Registrar shall be appointed in such manner and on such terms and conditions of service, as may be prescribed by the Statutes.
       (2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University.
       (3) The Registrar shall exercise such powers and perform such duties, as may be prescribed by the Statutes.


S.15 The Finance Officer.

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


S.16 The Controller of Examinations.

The Controller of Examinations shall be appointed in such manner and on such terms and conditions of service and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.


S.17 Other officers.

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


S.18 Authorities of University.

       The following shall be the authorities of the University, namely:-
       (1) the Court;
       (2) the Executive Council;
       (3) the Academic Council;
       (4) the Board of Affiliation and Recognition;
       (5) the Boards of Schools;
       (6) the Finance Committee; and
       (7) such other authorities as may be declared by the Statutes to be the authorities of the University.


S.19 The Court.

       (1) The constitution of the Court and the term of office of its members shall be prescribed by the Statutes:
       Provided that such number of members, as may be prescribed by the Statutes, shall be elected from among the teachers, employees and students of the University.
       (2) Subject to the provisions of this Act, the Court shall have the following powers and functions, namely:-
       (a) 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;
       (b) to consider and pass resolutions on the annual report and the annual accounts of the University and the audit report on such accounts;
       (c) to advise the Visitor in

S.20 The Executive Council.

       (1) The Executive Council shall be the principal executive body of the University: Provided that until the first Executive Council is formed, the Steering Committee of the Ministry of Civil Aviation shall function as an interim Executive Council.
       (2) The constitution of the Executive Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes:
       Provided that such number of members as may be prescribed by the Statutes shall be from among the elected members of the Court.


S.21 The Academic Council.

       (1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and the Ordinances, have the control and supervision over, and be responsible for, the maintenance of standards of instruction, education and examination within the University and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it as may be prescribed by the Statutes.
       (2) The Academic Council shall have the right to advise the Executive Council on all academic matters.
       (3) The constitution of the Academic Council and the term of office of its members shall be such as may be prescribed by the Statutes.


S.22 The Board of Affiliation and Recognition.

       (1) The Board of Affiliation and Recognition shall be responsible for admitting Colleges and Institutions to the privileges of the University.
       (2) The constitution of the Board of Affiliation and Recognition, the term of office of its members and its powers and duties shall be such as may be prescribed by the Statutes.


S.23 The Boards of Schools.

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


S.24 The Finance Committee.

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


S.25 Other authorities of 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.


S.26 Power to make Statutes.

       Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:-
       (a) the constitution, powers and functions of authorities and other bodies of the University, as may be constituted from time to time;
       (b) the election and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide;
       (c) the manner of appointment of the officers of the University, terms and conditions of service, their powers, emoluments and functions that may be exercised and performed by such authority;
       (d) the manner of appointment of teachers, academic staff a

S.27 Statutes how to be made.

       (1) The first Statutes of the University shall be framed by the Steering Committee of the Ministry of Civil Aviation and the copy of the same shall be laid as soon as may be, after it is made, before each House of Parliament.
       (2) Without prejudice to the provisions contained in sub-section (1), the Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes in the manner hereafter in this section provided:
       Provided that the Executive Council shall not make, amend or repeal any Statutes affecting the status, powers or constitution of any authority of the University until such authority has been given reasonable opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Council.
    &nbs

S.28 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:-
       (a) the admission of students to the University and their enrolment as such;
       (b) the courses of study to be laid down for all degrees, diplomas and certificates of the University;
       (c) the medium of instruction and examination;
       (d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same;
       (e) the fees to be charged for courses of study in the University and for admission to examinations, degrees and diplomas of the University;
 &nb

S.29 Regulations.

The authorities of the University may make Regulations, consistent with this Act, the Statutes and the Ordinances in the manner prescribed by the Statutes, 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.


S.30 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.
       (2) The Court shall submit the annual report to the Visitor along with its comments, if any.
       (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 Houses of Parliament.
       (4) A copy of the annual report shall also be exhibited on the website of the University after having been laid in both Ho

S.31 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.
       (2) A copy of the annual accounts together with the audit report thereon shall be submitted to the Court along with the observations if any, of the Executive Council and the Court will submit the same to the Visitor along with its observation.
       (3) Any observation made by the Visitor on the annual accounts shall be brought to the notice of the Court and the observations of the Court, if any, shall, after being considered by the Executive Council, be submitted to the Visitor.
       

S.32 Returns and information.

The University shall furnish to the Central Government such returns or other information with respect to its property or activities as the Central Government may, from time to time, require, within such period as may be specified by the Central Government.


S.33 Conditions of service of employees.

       (1) The University shall enter into written contract of service with every employee of the University appointed on regular basis or otherwise and the terms and conditions of the contract shall not be inconsistent with the provisions of this Act, the Statutes and the Ordinances.
       (2) A copy of the contract referred to in sub-section (1) shall be kept with the University and a copy thereof shall also be furnished to the employee concerned.


S.34 Tribunal of Arbitration.

       (1) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the employee concerned and an umpire appointed by the Visitor.
       (2) The decision of the Tribunal of Arbitration shall be final and binding on the parties and no suit shall lie in any civil court in respect of the matters decided by the Tribunal:
       Provided that nothing in this sub-section shall preclude the employee from availing of the judicial remedies available under articles 32 and 226 of the Constitution.
       (3) Every request made by the employee under sub-section (1), shall be deemed to be a submission to arbitration upon the terms of this section

S.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, Disciplinary Committee or Examination Committee, as the case may be, and who has been debarred from appearing at the examinations of the University for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the 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.
       (2) Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of section 36 shall, as far as may be, apply to a reference made under this sub-section.


S.36 Right to appeal.

Every employee or student of the University, 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 of any College or Institution, as the case may be, and thereupon the Executive Council may confirm, modify or reverse the decision appealed against.


S.37 Provident and pension fund.

       (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.
       (2) Where such provident fund or pension fund has been so constituted, the Central Government may declare that the provision of the Provident Funds Act, 1925 shall apply to such fund, as if it were a Government provident fund.


S.38 Disputes as to constitution of University authorities and bodies.

If any question arises as 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.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.


S.40 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 appointed, elected or co-opted the members whose place has become vacant and the 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 of whose place he fills would have been a member.


S.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.


S.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, the Statutes or the Ordinances.


S.43 Mode of proof of University record.

A copy of any receipt, application, notice, order, proceedings 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 or in any other law for the time being in force.


S.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:
       Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.
       (2) Every order made under this section shall be laid, as soon as may be after it ismade, before each House of Parliament.


S.45 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 and hosted on the website of the University.
       (2) Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annu

S.46 Transitional provisions.

       Notwithstanding anything contained in this Act and the Statutes,- .(a) the first Chancellor and the first Vice-Chancellor shall be appointed by the Visitor in such manner and on such conditions as may be deemed fit and each of the said officers shall hold office for such term, not exceeding five years, as may be specified by the Visitor;
       (b) the first Registrar and the first Finance Officer shall be appointed by the Visitor on the recommendation of the Vice-Chancellor and each of the said officers shall hold office for a term of three years;
       (c) the first Court and the first Executive Council shall consist of not more than ten members and ten members, respectively, who shall be nominated by the Visitor and shall hold office for a term of three years;
       (d) the first Academic Council shall con

S.47 Completion of courses of studies in Colleges or Institutions affiliated to University.

       Notwithstanding anything contained in this Act, or in the Statutes or the Ordinances, any student of a College or an Institution, who, immediately before the admission of such College or Institution to the privileges of the University, was studying for a degree, diploma or certificate of any University constituted under any Act, shall be permitted by the University, to complete his course for that degree, diploma or certificate, as the case may be, and the University shall provide for the instructions and examination of such student in accordance with the syllabus of studies of such College or Institution or
       University, as the case may be.


S.48 Role of Central Government.

       (1) The University shall, in discharge of its functions under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time.
       (2) The decision of the Central Government as to whether a question is one of policy or not shall be final.


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