OSMANIA UNIVERSITY ACT, 1959

Act No. 09 of 1959

2nd February, 1959

An Act to amend and consolidate the law relating to the Osmania University.

Read full Act

S.1 Short title, extent and commencement

(1) This Act may be called the Osmania University Act, 1959.

(2) It extends to the area comprising the districts of Adilabad, Hyderabad, Karimnagar, Khammam, Mahabubnagar, Medak, Nalgonda, Nizamabad and Warangal in the State of Andhra Pradesh.

(3) It shall come into force at once.

S.2 Definitions

In this Act, unless the context otherwise requires,

• (a) "Affiliated College" means a college within the University area affiliated to the University in accordance with the conditions prescribed;
• (b) "Constituent College" means a college located outside the University campus and established or maintained by the University for providing courses of study qualifying students for admission to the examinations in accordance with the Regulations prescribed; and includes a college so located and established or maintained by the University immediately before the commencement of this Act;
• (c) "College" means a college established and maintained by or affiliated to the University for providing courses of study qualifying students for admission to the examinations for the degrees in Arts and Science in accordance with the Regulations prescribed;
• (d) "Department" means a University Department, recognised as such, with reference to a subject or group of su
  

S.2-A Construction of references to a district

1[Any reference to a district in this Act shall be construed as a district constituted as from the commencement of the Andhra Pradesh University Acts (Amendment) Act, 1974.]

1. Inserted by A.P. Act 22 of 1974, S.4 (Wef 1.7.74)

S.Chapter II THE UNIVERSITY

S.3 The University

(1) The University established by the Revised Charter promulgated by H.E.H. the Nizam of Hyderabad on the 8th December 1947, and functioning at Hyderabad immediately before the commencement of this Act, is hereby reconstituted and declared to be a University by the name of 'Osmania University'.

(2) The University shall be a Residential, Teaching and Affiliating University, and shall consist of a Chancellor, a Pro-Chancellor, a Vice-Chancellor, a Senate, a Syndicate and an Academic Council. It shall be a body corporate having perpetual succession and a common seal and shall sue and be sued by the said corporate name.

(3) In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by the Registrar and all processes in such suits and proceedings shall be issued to, and served on the Registrar.

(4) The headquarters of the University shall be located at Adikmet, Hyderabad and it may extend to any place within a c

S.4 Powers of the University

(1) The University shall have the following objects and powers, namely:--

• (a) to provide for instruction and training in such branches of learning as it may think fit;
• (b) to make provision for research and for the advancement and dissemination of knowledge;
• (c) to hold examinations and to confer degrees, diplomas, and other academic distinctions on persons who have pursued a course of study in the University and its affiliated, constituent or recognised colleges and institutions unless exempted therefrom in the manner prescribed by the statutes and have passed the prescribed examinations of the University;
• (d) to confer degrees and other academic distinctions on persons who have carried on research under conditions prescribed;
• (e) to confer honorary degrees or other academic distinctions on approved persons under conditions prescribed;
• (f) to institute Professorships, Readerships, Lecturerships and any other teaching posts
  

S.5 Admission of educational institutions as colleges

(1) No college or institution outside the University area shall form part of, or be affiliated to, or recognised by or be admitted to the privileges of the University:

Provided that the colleges and institutions in the territories specified in clause (b) of sub-section (1) of section 8 of the States Reorganisation Act, 1956 (Central Act 37 of 1956), which formed part of the State of Hyderabad as it existed immediately before the 1st November 1956, shall continue to be affiliated to or be recognised by the University, until such time as the University may determine.

(2) No college or institution within the University area shall, after the commencement of this Act, form part of, or be affiliated to, or be recognised by, or seek admission to any privileges of any other University:

Provided that nothing contained in this sub-section shall apply to any such college or institution which formed part of, or was affiliated to or recognised by, any other University prior

S.6 University open to all persons

No person shall be excluded from holding any office in the University or from membership of any of the authorities of the University or from admission to any degree, diploma or other distinction or course of study, on ground's only of religion, race, caste, sex, place of birth or any of them, and it shall not adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted thereto as a teacher or student or to hold any office therein or to qualify for any degree, diploma or other distinction or to enjoy or exercise any of the privileges of the University:

Provided as follows:--

• (1) the University may maintain, affiliate or recognise any college or institution, intended exclusively for women, either for education, instruction or residence;
• (2) the University may reserve seats in any University college or Constituent college for women or members of educationally backward classes, or allot seats on
  

S.7 Residence

Every student of the University shall reside in a hostel, where one is provided or under such conditions as may be prescribed.

S.8 Inspection and inquiry

(1) The Government shall have the right to cause an inspection to be made, by a committee of not less than two persons, of the University, its buildings, laboratories, libraries, museums, workshops and equipment, and of any college or institution, maintained by, or affiliated to, or recognised by, the University, and also of the teaching and other work conducted or done by the University, and to cause an inquiry to be made in respect of any matter connected with the University. The Government shall, in every case, give notice to the University of their intention to cause such inspection or inquiry to be made, and the University shall be entitled to be represented thereat.

(2) The Government shall forward to the Vice-Chancellor a copy of the inspection report for obtaining the views of the Syndicate and on receipt of such views, the Government may tender such advice as they consider necessary and fix a time-limit for action to be taken by the University.

(3) The Syndic

S.Chapter III OFFICERS OF THE UNIVERSITY

S.9 Officers of the University

The following shall be the officers of the University:--

• (i) The Chancellor,
• (ii) The Pro-Chancellor,
• (iii) The Vice-Chancellor,
• (iv) The Registrar, and
• (v) Such other persons as the Statutes may declare to be officers of the University.

S.10 The Chancellor

(1) The Governor of Andhra Pradesh shall be the Chancellor of the University. He shall, by virtue of his office, be the head of the University and the President of the Senate and shall, when present, preside at meetings of the Senate and at Convocations of the University. He shall exercise such other powers and perform such other duties as may be conferred on or vested in him by or under the provisions of this Act.

(2) Where power is conferred upon the Chancellor to nominate persons to any Authorities of the University, he shall, to the extent necessary, nominate persons to represent interests not otherwise adequately represented.

S.11 The Pro-Chancellor

(1) The Pro-Chancellor of the University shall be nominated by the Chancellor and shall hold office for a period of five years.

(2) In the absence of the Chancellor, or during the Chancellor's inability to act, the Pro-Chancellor shall preside at the meetings of the Senate and at Convocations of the University.

S.12 The Vice-Chancellor

(1) The Vice-Chancellor shall be appointed by the Chancellor from a panel of not less than three persons selected by a committee as constituted under sub-section (2):

Provided that if the Chancellor does not approve any of the persons so selected, he may call for a fresh panel from the committee.

(2) The committee referred to in sub-section (1) shall consist of three persons, two of whom shall be nominated by the Syndicate from among persons who are not connected with the University or any College or recognised institution thereof, while the third person shall be nominated by the Chancellor. The Chancellor shall appoint one of the three persons to be the Chairman and Convener of the committee.

(3) The Vice-Chancellor shall be the academic head and the principal Executive Officer of the University and shall exercise general control over its affairs. He shall be a whole-time officer of the University.

S.13 Term of office, salary and allowances etc., of the Vice-Chancellor

(1) The Vice-Chancellor shall hold office for a term of five years and shall be eligible for re-appointment:

Provided that the Vice-Chancellor shall continue to hold office after the expiry of his term of appointment for a period not exceeding six months or until his successor is appointed and enters upon his office, whichever is earlier.

(2) The Vice-Chancellor shall be paid a salary of two thousand rupees per mensem. He shall also be paid a conveyance allowance of one hundred and fifty rupees per mensem if he is not provided by the University with a motorcar for his use. He shall pay the standard rent or ten per cent of his salary, whichever is less, if he occupies a house provided by the University.

(3) In the temporary absence of the Vice-Chancellor on leave by reason of illness or other cause, or pending the filling of a vacancy caused in any other manner, the Syndicate, may, subject to the approval of the Chancellor, make suitable arrangements for the exe

S.14 Powers and duties of the Vice-Chancellor

(1) The Vice-Chancellor, shall, by virtue of his office, be a member and Chairman of the Syndicate and of the Academic Council. He shall preside at the meetings of the Senate and at Convocations of the University in the absence of the Chancellor and the Pro-Chancellor.

(2) He shall be entitled to be present at and address at any stage any meeting of any Authority of the University, but not to vote thereat, unless he is a member of the authority concerned.

(3) He shall have the power to convene meetings of the Senate, the Syndicate and the Academic Council.

(4) It shall be his duty to see that the provisions of this Act, the Statutes, the Ordinances and Regulations, are duly observed and he may exercise all powers necessary for this purpose.

(5) He shall have power to interpret the provisions of this Act, the Statutes, the Ordinances and the Regulations. Any person or authority aggrieved may, within such time as may be prescribed, appeal to the Chancellor

S.15 The Registrar

(1) The Registrar shall be a whole-time paid officer of the University appointed by the Syndicate on such terms as may be prescribed by the Statutes.

(2) He shall act as the Secretary of the Syndicate, the Senate and the Academic Council and shall exercise such powers and perform such duties as may be prescribed.

S.Chapter IV AUTHORITIES OF THE UNIVERSITY

S.16 Authorities

The following shall be the authorities of the University, namely:--

• (i) The Senate,
• (ii) The Syndicate,
• (iii) The Academic Council,
• (iv) The Faculties,
• (v) The Boards of Studies, and
• (vi) Such other bodies, as the Statutes may declare to be Authorities of the University.

S.17 The Senate

The Senate shall consist of the following persons, namely:--

Class I--Ex-Officio Members.

• (1) The Chancellor,
• (2) The Pro-Chancellor,
• (3) The Vice-Chancellor,
• (4) The Vice-Chancellors of the other Universities in the State,
• (5) The Secretary to Government in the Education Department,
• (6) The Circle Commander, National Cadet Corps, Andhra Pradesh,
• (7) The Heads of Government Departments who have affiliated colleges under their control,
• (8) The Principals of the University, the Constituent and the Affiliated colleges,
• (9) The whole-time University Professors and other Professors appointed by the University.
• (10) The members of the Syndicate, who are not otherwise members of the Senate.

Class II--Life Members.

• (1) Such number of persons not exceeding three as may be appointed, on the recommendation of the Syndicate, by the Senate, to be Life Members on the gr
  

S.18 Powers of the Senate

(1) The Senate shall have and exercise the following powers, namely:--

• (a) to make statutes and to amend or repeal the same and to consider, modify or cancel Ordinances and Regulations in the manner prescribed by or under this Act;
• (b) to provide for instruction and training in such branches of learning as it thinks fit;
• (c) to institute and maintain University and constituent Colleges;
• (d) to provide for research and the advancement and dissemination of knowledge;
• (e) to institute Professorships, Readerships, Lecturerships and other teaching posts required by the University, on the motion of the Syndicate and after considering the proposals of the Academic Council therefor;
• (f) to institute fellowships, travelling fellowships, scholarships, exhibitions, bursaries, studentships, medals and prizes;
• (g) to establish, equip and maintain University Laboratories, Libraries, Museums and Research Institutions;
• (h)
  

S.19 Meetings of the Senate

(1) There shall be at least two ordinary meetings of the Senate in a year, one of which shall be called the annual meeting.

The Senate may also meet at such other times as it or the Vice-Chancellor may, from time to time determine.

(2) Upon a requisition in writing signed by not less than twenty members of the Senate, the Vice-Chancellor shall convene a meeting of the Senate.

(3) Twenty members shall form the quorum for a meeting of the Senate.

(4) In the absence of the Chancellor, the Pro-Chancellor and the Vice-Chancellor from any meeting of the Senate, the members present at the meeting shall choose one of their members to preside thereat.

S.20 The Syndicate

The Syndicate shall, in addition to the Vice-Chancellor, consist of the following persons, namely:--

Class I--Ex-Officio Members.

• (1) The Secretary to Government in the Finance Department;
• (2) The Director of Public Instruction.

Class II--Other Members.

• (1) Four persons elected by the Senate from among its members;
• (2) Two persons elected by the Academic Council from among its members;
• (3) Two persons nominated by the Chancellor:

Provided that no employee of the University shall be a member of the Syndicate under the above categories.

• (4) Three persons nominated by the Chancellor from among the Principals of the University, constituent and affiliated Colleges.

S.21 Powers and duties of the Syndicate

The Syndicate shall be the executive authority of the University and shall have power--

• (1) to direct the form, custody and use of the common seal of the University;
• (2) to hold, control and administer the property and funds of the University;
• (3) to enter into, vary, carry out and cancel contracts on behalf of the University in the exercise or performance of the powers and duties assigned to it by this Act and the statutes;
• (4) (a) to accept on behalf of the University, endowments, bequests, donations and other transfers of property made to it, and all such endowments, bequests, donations and transfers shall be reported to the Senate at its next meeting;
• (b) to administer all funds placed at the disposal of the University for specific purposes;
• (5) subject to such statutes as may be made in this behalf--
  • (a) to appoint the teachers of the University below the rank of Readers;
  • (b) to appoint the
    

S.22 Annual Accounts

(1) The Syndicate shall prepare the annual accounts of the University and submit them to such audit as the Government may direct. The accounts when audited shall be published in the Andhra Pradesh Gazette and copies thereof together with copies of the audit report shall be submitted to the Senate and the Government.

(2) The Syndicate shall also prepare, before such date as may be prescribed by the statutes, the financial estimates for the ensuing year and submit the same to the Senate.

(3) The annual accounts and the financial estimates shall be considered by the Senate at its annual meeting and the resolutions of the Senate thereon shall be submitted to the Government for information:

Provided that the Senate shall not pass any resolution so as to increase the total financial estimates on the expenditure side beyond the total estimated receipts.

S.23 Annual Report

The Syndicate shall prepare an Annual Report of the University and submit it to the Senate on or before such date as may be prescribed by the statutes. A copy of the report with a copy of the resolutions thereon of the Senate shall be submitted to the Government for information.

S.24 Power to incur unforeseen expenditure

The Syndicate may, for reasons to be recorded in writing, incur any expenditure for which no provision has been made in the budget or which is in excess of the amount provided in the budget, but a report of the expenditure incurred shall be made to the Senate at its next meeting for approval.

S.25 The Academic Council

(1) The Academic Council shall, in addition to the Vice-Chancellor, consist of the following persons, namely:--

Class I--Ex-Officio Members.

• (a) The Director of Public Instruction;
• (b) The Presidents of the Andhra Pradesh Sahitya Akadami, Sangeet Natak Akadami and Lalita Kala Akadami;
• (c) The Principals of the University, constituent, affiliated and recognised Colleges;
• (d) The Professors of the University;
• (e) The Heads of Departments who are not otherwise members of the Academic Council;
• (f) The Heads of Research Laboratories and Institutions in the University area, recognised by the University;
• (g) Such members of the Syndicate as are not otherwise members of the Academic Council.

Class II--Other Members.

Two persons nominated by the Chancellor who shall be Headmasters of Schools in service in the University area at the time of nomination.

(2) The Academic Council as constituted

S.26 Powers of the Academic Council

(1) The Academic Council shall, subject to the provisions of this Act and the statutes, have the power, by Regulations, of prescribing all courses of study and of determining curricula and have general control of teaching within the University and be responsible for the maintenance of the standards thereof. It shall have power to make Regulations consistent with this Act and the statutes relating to all matters which by this Act or the statutes may be provided for by Regulations and to amend or repeal such Regulations.

(2) In particular and without prejudice to the generality of the foregoing power, the Academic Council shall have power--

• (a) to advise the Syndicate on all academic matters including the control and the management of the libraries;
• (b) to make recommendations to the Senate for the institution of Professorships, Readerships, Lecturer-ships, and other teaching posts and in regard to the duties and emoluments thereof;
• (c) to make r
  

S.27 The Faculties

(1) The University shall include the Faculties of--

• (a) Arts;
• (b) Science;
• (c) Commerce;
• (d) Technology;
• (e) Law;
• (f) Medicine;
• (g) Engineering;
• (h) Education;
• (i) Agriculture;
• (j) Veterinary Science; and
• (k) Such other Faculties as may be prescribed by Statutes.

(2) Each Faculty shall consist of such departments of teaching as may be prescribed by Statutes.

(3) The constitution and functions of the Faculties shall be prescribed by Statutes.

(4) (a) There shall be a Dean for each Faculty who shall be nominated by the Syndicate from amongst the members of the Faculty concerned.

(b) The terms and conditions of the office of Dean shall be prescribed by Ordinances.

S.28 The Boards of Studies

A separate Board of Studies shall be attached to each department of teaching. The constitution and functions of the Boards of Studies shall be prescribed by Ordinances.

S.Chapter V GENERAL

S.29 Disqualification for Membership

No person shall be qualified for election or nomination as a member of any of the Authorities of the University if he--

• (a) is, at the date of election or nomination, of unsound mind, a minor, a deaf-mute or is suffering from leprosy; or
• (b) applies to be adjudicated as an insolvent or is an undischarged insolvent; or
• (c) has been convicted and sentenced by a criminal court to transportation or imprisonment for a period of more than one year for an offence involving moral turpitude unless such sentence has been reversed or the offence has been pardoned or a period of five years has elapsed from the date of the expiration of the sentence; or
• (d) is an enrolled student of the University.

In the case of dispute or doubt, the Chancellor shall determine whether a person is or is not disqualified under this section and his decision shall be final.

S.30 Disputes as to constitution of University Authorities

Save as otherwise provided, if any question arises whether a person has been duly elected or nominated, or is entitled to be a member of any Authority of the University, the question shall be referred to the Chancellor, whose decision thereon shall be final.

S.31 Constitution of Committees

All the Authorities of the University shall have power to appoint Committees. Such Committees may, unless there be some special provision to the contrary, consist of members of the Authority concerned and of such other persons, if any, as the Authority in each case may think fit.

S.32 Proceedings of University Bodies not invalidated by vacancies

No act or proceeding of any Authority or other body of the University shall be deemed invalid by reason only of some defect in the constitution of the Authority or body or by reason of the existence of a vacancy or vacancies among its members or the invalidity of the election of any of its members.

S.33 Term of office of the members of the Senate, etc

(1) Save as otherwise provided, the Senate, the Syndicate the Academic Council and the Finance Committee shall be reconstituted at or about the same time every five years, and the members of these authorities shall, except in the case of ex-officio and Life Members hold office upto the date of next re-constitution.

(2) Any vacancy in the said membership occurring before the next reconstitution shall be filled up as soon as conveniently may be, by the body or person who elected, nominated, appointed or co-opted the member whose place has become vacant and the person so elected, nominated, appointed or co-opted shall be member only for the residue of the term for which the person whose place he has filled, would have been a member:

Provided that no vacancy in the said membership occurring within six months before the next reconstitution shall be filled up until such re-constitution unless the Vice-Chancellor decides that it shall be filled up earlier.

(3) No memb

S.34 Removal from membership of the University

The Senate may, on the recommendation of not less than two-thirds of the members of the Syndicate and by the votes of not less than half of the total membership of the Senate and two-thirds of the members present and voting, remove the name of any person from the register of graduates, and remove any person from membership of any Authority of the University if he has been convicted by a Court of Law of what in the opinion of the Senate is an offence involving moral turpitude or if he has been guilty of scandalous conduct, and for the same reasons may withdraw any degree or diploma conferred or granted by the University.

The Senate may also remove any person from the membership of any Authority of the University if he becomes of unsound mind or a deaf-mute or is suffering from leprosy or has applied to be, or is adjudicated an insolvent.

S.35 Registered Graduates

(1) The following persons who have been graduates for atleast two years shall be entitled to have their names entered in the register of graduates or to continue to be registered graduates, namely:--

• (a) persons who are the graduates of the University;
• (b) persons who are the graduates of the Osmania University constituted under the Osmania University Charter of 1338 Fasli or the Osmania University Revised Charter of 1947; and
• (c) persons who are the graduates of the Nizam College, Hyderabad, having graduated when that College was affiliated to the University of Madras.

(2) Every person who intends to register his name as a graduate shall make an application to the Registrar in such form, in such manner and accompanied by such fee (not exceeding five rupees) as may be prescribed by the Statutes.

S.Chapter VI TEACHING AND ADMISSION OF STUDENTS

S.36 Attendance at recognised institutions

(1) No attendance at any institution other than a University, constituent, affiliated or recognised college or institution of the University shall qualify a candidate for admission to an examination of the University other than the entrance examination to the University.

(2) The courses of study and curricula shall be those prescribed.

S.37 Admission to University Courses

(1) No student shall be eligible for admission to a course of study qualifying for admission to a post-matriculation University examination unless he has passed the examination prescribed as qualifying for admission to such course or an examination recognised by the Academic Council as equivalent thereto and possess such other qualification, if any, as may be prescribed.

(2) Every candidate for a University examination shall, unless exempted in accordance with the Ordinances and Regulations prescribed, be an enrolled member of a University, constituent or affiliated or recognised college or institution of the University.

S.Chapter VII APPOINTMENT OF TEACHERS, ETC.

S.38 Conditions of service

(1) Save as otherwise provided, every salaried officer and teacher of the University shall be appointed under a written contract, and the conditions of service relating to them shall, as far as possible, be uniform except in respect of salaries payable to them.

(2) The contract shall be lodged with the Registrar and a copy thereof shall be furnished to the officer or teacher concerned.

S.39 Constitution of a Selection Committee

There shall be constituted a Selection Committee which shall consist of the following persons, namely:--

• (1) The Vice-Chancellor who shall be the ex-officio Chairman of the Committee;
• (2) The Director of Public Instruction;
• (3) The Dean of the Faculty concerned;
• (4) The Chairman of the Board of Studies concerned;
• (5) The Head of the Department concerned;
• (6) Two persons nominated by the Syndicate (not being members of that body), for each appointment or class of appointments:

Provided that no person shall be a member of a Selection Committee for any appointment if he is a candidate for that appointment.

S.40 Pension or Provident Fund

Where any pension, insurance or provident fund has been constituted by the University for the benefit of its officers, teachers or servants, the Government may declare that the provisions of the Provident Fund Act, 1925 (Central Act XIX of 1925), shall apply to such fund as if it were a Government Provident Fund:

Provided that all persons who entered the University Service before the 1st April 1953, shall have the privileges of pension under the Hyderabad Government Rules and be entitled to draw their pension from the Government Funds:

Provided also that the University shall have power, in consultation with the Finance Committee, to invest the provident fund amount in such manner as it may determine.

S.Chapter VIII UNIVERSITY FUNDS, ETC.

S.41 General Fund

The University shall have a general fund to which shall be credited--

• (i) its income from fees, endowments, and grants, if any;
• (ii) contributions or grants which may be made by the Government on such conditions as they may impose; and
• (iii) other contributions or grants.