ORISSA UNIVERSITIES ACT, 1989
(1) This Act may be called the Orissa Universities Act, 1989.
(2) It shall extend to the whole of State of Orissa.
(3) It shall be deemed to have come into force on the 15th day of November, 1988.
In this Act, unless the context otherwise requires:
(a) "Academic Council" means the Academic Council of a University;
(b) "Affiliated Institution" means a College or an Institution affiliated to a University whether in whole or in part;
(c) "Autonomous College", "Autonomous Institution" or "Autonomous Department" means a College, Institution or Department, as the case may be, on which the status of autonomy has been conferred under this Act;
(d) "College" means an institution admitted to a University in accordance with the provisions of this Act and the statutes and includes a College managed by a University, but does not include a school, whether it is an independent institution or forms part of a College as defined herein;
(e) "Constituent College", means a college managed by a University; For Statement of Objects and Reasons, see Orissa Gazette Extraordinary/ 18.03.1955.(No.449)
(f) "Director" means the Director of Hig
(1) The following Universities shall be deemed to have been established under this Act, namely:
(i) The Utkal University established under the Utkal University Act, 1966 (Orissa Act 20 of 1966.) having jurisdiction over the districts of Cuttack, Puri, Baleswar, Mayurbhaj, Keonjhar and the district of Dhenkanal Excluding the Athmallik Subdivision;
(ii) The Berhampur University established under the Berhampur University Act, 1966 (Orissa Act 21 of 1966.) having jurisdiction over the districts of Ganjam, Koraput and Phulbani excluding the Boud Subdivision thereof;
(iii) The Sambalpur University established under the Sambalpur University Act, 1966 (Orissa Act 22 of 1966.) having jurisdiction over the districts of Sambalpur, Balangir, Sundergrh, Kalahandi,the Boud Subdivision of the district of Phulbani and the Athmallik Subdivision of the district of Dhenkanal;
(iv) Shri Jagannath Sanskrit Vishvavidyalaya established under the Shri Jagannath
[1] The following shall be officers of the University, namely:
(i) the Vice-Chancellor;
(ii) the Registrar;
(iii) the Comptroller of Finance;
(iv) the Controller of Examinations; and
(v) such other officers as may be prescribed;]
(2) The following shall be the teachers of the University, namely:
(i) Professors;
(ii) Readers; Substituted vide The O.U. (Amendment) Act, 1993 (Orissa Act 13 of 1993)
(iii) Lecturers; and
(iv) such other teachers as may be prescribed to be teachers of the University.
(3) The following shall be the authorities of the University, namely:
(i) the Senate;
(ii) the Syndicate;
(iii) the Academic Council; and
(iv) such other authorities as may be declared by the Statutes to be the authorities of the University.
(1) The Governor of the Orissa shall be the Chancellor of the University.
(2) The Chancellor shall by virtue of his office be the Head of the University and shall, when present, preside at the convocations of the University convened for the purpose of conferring degrees or for any other purpose.
(3) Every proposal for conferment of an honorary degree shall be subject to conformation by the Chancellor.
(4) The Chancellor shall decide all disputes with regard to the election, nomination or selection of members of the authorities of the University and his decision shall be final.
(5) The Chancellor shall have the right:
(i) to make an inspection or cause an inspection to be made by such person or persons as he may direct, of any University, its buildings, laboratories, workshops and equipment and institutions associated with such University and of any examination, teaching or other work conducted or done by such University; and
(1) The Vice-Chancellor shall be a whole-time officer of the University and shall be appointed by the Chancellor from a panel of three names recommended by a Committee unanimously who are not members of the Committee.
(2) If the persons approved on priority basis by the Chancellor, out of the panel so recommended, are not willing to accept the appointment, the Chancellor may call for a fresh panel of three different names from the said Committee or if the Chancellor is of the opinion that none of the persons out of the said panel is suitable for appointment as Vice-Chancellor, the Chancellor may take steps to constitute another Committee to give a fresh panel of three different names and shall appoint one of the persons named in the fresh panel, as the Vice-Chancellor.
(3) The Committee referred to in sub-section (1) shall consist of three members out of whom one member shall be nominated by the Chairman, University Grants Commission, one member shall be no
(1) The Registrar shall be appointed by the Chancellor. He
7shall be a whole-time officer of the concerned University and shall act as Secretary to the Senate, the Syndicate and the Academic Council of such University.
(2) The Registrar shall, subject to the control of the ViceChancellor-
(a) Manage the properties and investments of the University;
(b) Remain in custody of the properties and funds of the University;
(c) Remain in custody of the records, the common seal and such other property of the University as the Vice-Chancellor shall commit to his charges;
(d) Sign all contracts made on behalf of the University;
(e) Be the head of the University Office;
(f) Exercise and perform such other powers and duties as may be prescribed by the Statutes and the Regulations and as may, from time to time, be assigned to him by the Senate; Syndicate and the Academic Council.
(3) The Registrar shall gene
(1) The Comptroller of Finance shall be appointed by the Chancellor in consultation with the State Government form among the officers of the Orissa Finance Service and shall be a whole-time officer of the University.
(2) The salary, allowances and other dues of the Comptroller of Finance shall be paid by the concerned University.
(3) The Comptroller of Finance shall, subject to the control of the Vice-Chancellor-
(a) Be responsible for the proper investment of the funds of the University;
(b) Exercise general supervision of such funds;
(c) Tender advice with regard to financial transactions of the University;
(d) Be responsible for preparation and presentation of the annual financial estimates and statements of accounts for presentation by the Vice-Chancellor;
(e) Ensure that all moneys are expended for the purpose for which they are granted or allotted by the appropriate authority;
(f) Examine the statement
(1) The Senate shall consist of the following members namely:-
Ex-officio Members:
(1) The Syndicate shall consist of the following members, namely:-
Ex-officio members:
(1) The Academic Council shall consist of the following members, namely:
EX-officio Members:
Other Members:
(1) The Academic Council shall, subject to provisions of this Act and Statutes, have power to make Regulations relating to all matter which by such Act or the Statutes may be provided by Regulations besides prescribing therein courses of studies and curricula, shall have general control of teaching in the Colleges within the jurisdiction of the concerned University and shall be responsible for the maintenance of standards of instruction.
(2) In particular and without prejudice to the generality of the foregoing powers, the Academic Council shall have power:-
Any Graduate of the University and any teacher of a college within the jurisdiction of the University shall, on payment of such fees and subject to such condition as may be prescribed, be entitled to register himself as a register graduate or as the case may be, registered college teacher of the University;
14Provided that any Graduate of a University established under any law ordinarily residing in the area over which such University has its jurisdiction under this Act shall, on payment of the prescribed fees, be entitled to register himself as a registered graduate of such University;
Provided further that no person shall be register as a graduate or teacher in more than one University at a time.
Explanation—the expression “ordinarily residing” for the purposes of the first proviso shall mean one who has resided within the area referred to in the said proviso for a total period of one hundred and eighty days during the year immediately preceding th
Any person who has become a member of any of the authorities of a University by the process of nomination. Election or selection shall, on ceasing to hold the office or on ceasing to hold membership of the association or body, as the case may be, by virtue of which he was nominated, elected or selected, cease to hold office as such member.
(1) The Chancellor, shall have the power to suspend any member other than an ex-officio member of any authority of a University and member of the Odisha Legislative Assembly elected to the Senate for the whole or part of the remaining portion of the term, if after inquiry he is satisfied that such member has committed serious misconduct and further continuance of such member in such authority is detrimental to the interest of the University:
Provided that no suspension order will be issued without giving such member an opportunity of being heard.
(2) If a member of any authority or body of a University is charge sheeted criminally on charges of corruption or moral turpitude, the Chancellor may, if he is satisfied that the continuance of such a member will be detrimental to the interest of the University place such member under suspension till the final disposal of the case ending in his acquittal in the court of law or till the end of the term of such membe
All vacancies arising by reason of death or otherwise among the member of any of the authorities of the University who were nominated, elected or selected shall be filled up as soon as convenient may be, by nomination, election or selection, as the case may be, and person so nominated, elected or selected shall hold office for the unexpired portion of the term of his predecessor in office.
No Act or proceeding of any authority, committee or body of University shall be invalid merely by reason of:-
(1) No educational institution shall be admitted as college, unless the following conditions are compiled with, namely:-
(1) Any two member of the Syndicate or the Director may bring forward a proposal in the Syndicate that a college be deprived, either in whole or in part, or its privileges.
(2) The Syndicate shall cause an inquiry into the defect of the college pointed out in the aforesaid proposal with due notice to the Governing Body of the college and shall allow a period of two month to the college to rectify the defect mentioned in the notice.
(3) In case the Governing Body of the college fails to rectify the defects during the aforesaid period the Syndicate may decide to deprive the college, either in whole or in part, of its privileges and shall submit a copy of its proceedings along with a copy the enquiry report with objections filled by the Governing Body, if any, to the Chancellor, who shall have power to rescind or modify the order of the Syndicate.
Notwithstanding anything to the contrary in any other law for the time being in force no educational institution in the area within the jurisdiction of any University, except institutions under the Odisha University of
16Agriculture and Technology established under the Odisha University of Agriculture and Technology Act, 1965, shall, after the commencement of this Act, be associated in any way with or seek admission to privilege granted by any such other University to any educational institution in the aforesaid area prior to the commencement of this Act shall be deemed to have been withdrawn on the commencement of this Act:
Provided that any educational institution which, in accordance with the provisions of this section, has been deprived of such privilege shall, notwithstanding anything contained in Section 18, be deemed to have been granted like rivilege by the University within whose jurisdiction the institution is situated.
(1) Unless otherwise specified in this Act, all officers of the University, shall be appointed by the Vice-Chancellor on the recommendation of a Selection Committee consisting of Director, the Registrar, one member selected by the Syndicate from among themselves and wherever necessary, to experts appointed by the Vice-Chancellor:
Provided that in respect of the posts fully financed by the University Grants Commission under an approved scheme, the selection of person(s) for appointment to such posts shall be made in accordance with the specific guidelines, if any, issued by the said Commission.
(2) The teachers of a University shall be appointed by the Syndicate of that University on the recommendation of a Selection Committee after scrutinizing all the papers concerning the selection.
²[(3) the Selection Committee referred to in subsection (2) shall consist of:-
(1) All posts of officers (which shall not include the ViceChancellor), teachers and other employees of a University shall be created and the scales of pay and allowances attached to such posts shall be determined by the Chancellor subject to specific allotment of funds for this purpose in the budget of the concerned University and shall be in accordance with the yardstick formulated by such University with the approval of the State Government.
(2) Till such yardstick is finalized, the yardstick for the teaching posts prescribed by the University Grants Commission and that for the other corresponding posts under the State Government shall be followed.
(3) Whenever posts are created beyond the yardstick approved by the State Government under sub-section (1), prior concurrence of the State Government shall be obtained.
(1) The accounts of the University shall at least once in every year and at intervals of not more than fifteen months, be audited in accordance with the provisions of the Orissa Local Fund Audit Act, 1948, (Orissa Act, 5 of 1984) and the provisions of that Act shall apply to such audit.
(2) All reports on audit made under sub-section (1) shall, as soon as may be after they are received from the Examiner of Local Accounts, be laid before the State Legislature for a total period of fourteen days which may be comprised in one or more sessions.
(3) The State Government shall have power to conduct special audit if required in respect of utilization of funds granted by the Government to a University and such University shall comply with the directions issued by the Government on such audit report.
(1) Subject to the provision of this Act, the Statutes:—
(1) Subject to the provisions of this Act and Statutes, the Academic Council may make Regulations providing for all or any of the following matters, namely :—
The University shall have a fund called the General Fund to which shall be credited:-
(1) The University shall have a fund called the Foundation fund.
(2) The Foundation Fund shall consist of:—
(3) The Foundation Fund shall be invested in securities, issued or guaranteed by the Central Government or by any State Government, and such Government shall not be varied without die consent of the Chancellor,
(4) The corpus of the Foundation Fund shall be kept intact but the interest thereon may be utilized for the purposes of the concerned University laid down in the Statutes.
The University shall have such other funds and maintain such accounts as the Syndicate thereof may determine.
(1) The Syndicate may remove any person from membership of any of the authorities or other bodies of such University if he has been convicted by a Court of Law of an offence involving moral turpitude or may on the recommendation of the Academic Council withdraw the degree, diploma or mark of honour conferred on or granted to such person by the University for such period as it considers proper if he has been guilty of gross misconduct.
(2) The Syndicate may in the case of any student for any of the reasons specified in sub-section (1) —
(3) No degree, diploma or mark of honour shall be withdrawn or withheld and no name s
A person shall be disqualified for election, nomination or selection as member of any of the authorities of a University, if he:
(1) If the State Government, after making such enquiry as they deem fit, are satisfied that the management of any University has not been or cannot be carried on in accordance with the provisions of this Act or that there has been such default in the performance of its duties by any of the authorities of such University that the administration of such University is not likely to promote its objective, they may, after consultation with the Chancellor, by an order notified in the Gazette (hereinafter referred to is the "notified order") take over the management of the affairs of such University and appoint an officer to be the Administrator for such University.
(2) The notified order shall remain in force for such period, not exceeding one year, as the State Government may specify therein.
(3) A copy of every notified order shall, as soon as may be after it is issued, be laid before the State Legislature.
(4) Upon issue of the notified order sub-sectio
(1) The State Government may, by notification—
(2) The alteration of jurisdiction, establishment of any new University or Change in the name of any existing University made under sub-section (1) shall take effect on and from such date as may be appointed in the aforesaid notification (hereinafter referred to as the appointed date).
(3) The State Government may, where the circumstances so require, by general or special order, provide for all or any of the following matters arising out of or in relation to the alteration of jurisdiction, establishment of a new University or change of name made under sub-section (1)—
(1) The Utkal University Act, 1966, the Berhampur University Act, 1966, the Sambalpur University Act, 1966 Shri Jagannath Sanskrit Vishvavidyalaya Act, 1988 (hereinafter referred to as the Ordinance) are hereby repealed.
(2) Notwithstanding such repeal :—
If any doubt or difficulty arises in giving effect to the provisions of this Act the State Government may as occasions may, require, by order, do anything not inconsistent with the provisions of this Act or the Statutes, which appears to them necessary for the purpose of removing the doubt or difficulty.
Provided that no order shall be issued under this section after the expiration of a period of two years from the date of commencement of this Act.
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