VARDHAMAN MAHAVEER OPEN UNIVERSITY, KOTA ACT, 1987

Act No. 35 of 1987

7th November, 1987

An Act to establish and incorporate an Open University for the promotion of distance education system in the educational pattern in the State of Rajasthan.

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S.Chapter I Preliminary

S.1 Short title and commencement

(1) This Act may be called the Vardhaman Mahaveer Open University, Kota Act, 1987.

(2) It shall and shall be deemed to have come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

S.Chapter II Establishment of the University and its objects and functions

S.Chapter III Powers and Functions of the Chancellor

S.6 Inspection or enquiry and direction by the Chancellor

(1) Where an inspection or enquiry has been ordered by the Chancellor of the University under section 5, the University may depute one of its officers to represent it in such inspection or enquiry.

(2) The result of the inspection or enquiry and the advise, if any, of the Chancellor shall be communicated by the Chancellor to the Vice-chancellor;

(3) the result and the advice referred to in sub-section (2) shall be communicated by the Vice-Chancellor with his comments to the Board of Management for such action as the Board may propose to take and the action so taken shall be communicated to the Chancellor through the Vice-Chancellor.

(4) Where the Board of Management fails, within reasonable time, to take any action as required in the result of the inspection or enquiry or in the advice given by the Chancellor or dose not take action to the satisfaction of the Chancellor, a direction may be issued by the Chancellor and the Board of management shall comply with s

S.Chapter IV Officers of the University

S.7 Officers of the University

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

(a) Vice-Chancellor;
(b) Pro-Vice-Chancellor;
(c) Directors;
(d) Registrar;
(e) Controller of Examinations;
(f) The Comptroller;
(g) any other person declared by the Statutes to be the officer of the University.

S.8 Vice-Chancellor

1. The Vice-Chancellor shall be a whole time paid officer of the University.

2. "No person shall be eligible to be appointed as Vice-Chancellor unless he is a distinguished academician having a minimum of ten years experience as Professor in a University or college or ten years experience in an equivalent position in a reputed research and/or academic administrative organization and, of highest level of competence, integrity morals and institutional commitment." and

3. The Vice-Chancellor shall be appointed by the Chancellor in consultation with the State Government from amongst the persons included in the panel recommended by the Search Committee consisting of-

(a) one person nominated by the Board;
(b) one person nominated by the Chairman, University Grants Commission;
(c) one person nominated by the Chancellor; and
(d) one person nominated by the State government, and the Chancellor shall appoint one of these persons to be th

S.8(A) Removal of Vice-Chancellor

(1) Notwithstanding anything contained in the Act, if at any time on the report of the State Government or otherwise, in the opinion of the Chancellor, the Vice-Chancellor wilfully omits or refuses to carry out the provisions of this Act or abuses the powers vested in him, or if otherwise appears to the Chancellor that the continuance of the Vice-Chancellor in office is detrimental to the interest of the University, the Chancellor may in consultation with the State Government. After making such inquiry as he deems proper, by order, remove the Vice-Chancellor:

Provided that the Chancellor may, in consultation with the State Government at any time before making such order, place the Vice-Chancellor under suspension, pending enquiry.

Provided further that no order shall be made by the Chancellor unless the Vice-Chancellor has been given a reasonable opportunity of showing cause against the action proposed to be taken against him.

(2) During the pendency or in cont

S.9 Appointment of the Officers other than the Vice-Chancellor

The officers, other than the Vice-Chancellor of the University referred to in section 7 shall be appointed in such manner, for such period, on such terms and conditions and shall exercise such powers and perform such functions as may be prescribed by the Statutes.

S.Chapter V Authorities of the University

S.10 Authorities of the University

The following shall be the Authorities of the University, namely;-

(a) Board of Management;
(b) Academic council;
(c) Finance Committee;
(d) Planning Board; and
(e) any other body constituted as, or declared to be the Authority of the University under the Statutes

S.11 Board of Management

(1) There shall be a Board of Management of the University which shall be the principal executive body of the University. The Chancellor shall, as soon as the first Vice-Chancellor is appointed, take action to constitute such Board in accordance with the provisions of the Statutes.

(2) The Board of Management shall consist of such members, exercise such powers and perform such functions as may be prescribed by the Statutes.

S.12 Academic Council

(1) There shall be an Academic Council of the University which shall be the principal academic body of the University and shall exercise supervision and control over and be responsible for the maintenance of the standards of education, teaching, examination and other academic matters. The Chancellor shall, as soon as the first Vice-Chancellor is appointed, take action to constitute such council in accordance with the provisions of the Statutes.

(2) The Academic Council shall consist of such members, exercise such powers and perform such functions as may be prescribed by the Statutes.

S.13 Finance Committee

(1) There shall be a Finance Committee of the University which shall consist of such members, exercise such powers and perform such functions as may be prescribed by the Statutes.

(2) The annual accounts, the annual financial estimates of the University and the proposals for the revision of pay scales and grades shall be considered and examined by the Finance Committee before being submitted to the Board of Management.

(3) The Finance Committee shall do such other acts in such manner as may be prescribed by the Statutes.

S.14 Planning Board

(1) There shall be a planning Board of the University which shall be the principal planning body and shall also be responsible for the monitoring of the developments on the lines indicated in the objects of the University.

(2) The Planning Board shall consist of such members, exercise such powers and perform such functions as may be prescribed by the Statutes.

S.15 Other Authority

A body constituted or declared under the Statutes to be the Authority of the University under clause (d) of section 10 shall consist of such members, shall exercise such powers, perform such functions subject to such conditions as may be prescribed by the Statutes.

S.Chapter VI Statutes, Ordinances and Regulations

S.16 Statutes

(1) The Statutes of the University shall contain such instructions, directions, procedures and details as are necessary to be laid down under and in accordance with the provisions of this Act.

(2) The Statutes as contained in the Schedule to this Act and as amended from time to time shall be binding on all Authorities, officers, teachers, students and employees of the University and persons connected with the affairs of the University.

(3) The Board of Management shall have power to make any amendment in the Statutes contained in the Schedule to this Act;

Provided that the said Board shall not amend any Statutes affecting the constitution, statutes or power of any Authority of the University without affording to such Authority a reasonable opportunity of making a representation on the proposed changes.

(4) Any amendment to the Statutes, whether by adding, deleting or in any other manner, shall not take effect unless the Chancellor has, after consultation

S.17 Ordinances of the University

(1) Subject to the provisions of this Act and the Statutes contained in the Schedule, as amended from time to time, the ordinances of the University may be made for all or any of the following matters, namely :-

(a) the courses of study; admission of students, fees, qualification requisite for any degree, diploma or certificate and the grant of fellowship;
(b) the conduct of examination including the appointments of examiners and their terms and conditions;
(c) management of colleges, institutions, Regional Centres, research bodies and other agencies admitted to the privileges of the University; and
(d) any other matter required by the Statutes to be dealt by or under the ordinances.

(2) The first Ordinances of the University shall as soon as may be after the commencement of this Act, be made by the Vice-Chancellor with the previous approval of the State Government and may be amended (by adding, deleting or in any other manner)

S.18 Regulations

An Authority of the University shall have power to make regulations, in the manner as may be prescribed by the Statutes, for the conduct of its affairs and the affairs of the committee constituted by such Authority. Such regulations shall not be inconsistent with the provisions of this Act, the Statutes and the Ordinances of the University.

S.Chapter VII Annual report, Annual Accounts, etc.

S.19 Annual Report

(1) The annual report of the University shall be prepared by the Registrar of the University under the direction of the Board of Management.

(2) The annual report shall, among other things, set out the steps taken by the University for the fulfilment of its objects.

(3) The annual report shall be submitted to the Chancellor on or before the date as may be prescribed by the Statutes.

S.20 Accounts and audit

(1) The annual accounts and balance sheet of the University shall be prepared by the Comptroller under the direction of the Vice-Chancellor and all moneys accruing to or received by the University from whatever source and all amount disbursed or paid shall be entered in the accounts.

(2) The comptroller shall, before such date as may be prescribed by the Statutes, prepare the annual financial estimates for the ensuing year.

(3) The annual accounts and the annual financial estimates prepared by the Comptroller shall be placed before the Board together with the remarks of the Finance Committee for approval and the Board may pass resolution with reference thereto and communicate the same to the Comptroller who shall take action in accordance therewith.

(4) The annual accounts shall be audited in the prescribed manner by such auditors as the State Government may direct and the cost of such audit shall be a charge on the University fund.

(5) The accounts when

S.20-A Control of the State Government

Where the State Government funds are involved, the University shall abide by the terms and conditions attached to the sanction of such funds which may inter alia include prior permission of the State Government in respect of the following, namely :-

(a) creation of the new posts of teachers, officers of other employees;
(b) revision of the pay, allowances, post-retirement benefits and other benefits to its teachers, officers and other employees;
(c) grant of any additional/special pay, allowance or other extra remuneration of any description whatsoever, including ex-gratia payment or other benefits having financial implications, to any of its teachers, officers or other employees;
(d) diversion of any earmarked funds other than the purpose for which it was received;
(e) transfer by sale, lease, mortgage or otherwise of immovable property;
(f) incur expenditure on any development work from the funds received from the State Go

S.20-B Assumption of financial control by the State Government as emergency measure

(1) The State Government shall have the right to cause an inquiry to be made, by such person or persons as it may direct, and to issue directions to the University, in respect of any matter connected with the finances of the University, where State Government funds are concerned.

(2) If the State Government is satisfied that owing to mal-administration or financial mismanagement in the University a situation has arisen where by financial stability of the University has become insecure, it may, by a notification, declare that the finances of the University shall be subject to the control of the State Government and shall issue such other directions as it may deem fit for the purpose and the same shall be binding on the University.

S.23 Dispute relating to appointment as member of an Authority

If any dispute arises as to whether any person was duly nominated, elected or appointed to any Authority or body of the University, the matter shall be referred to the Chancellor whose decision shall be final.

S.24 Temporary vacancy in the Authority or body of the University

Any temporary vacancy, other than that of a ex-officio member, in any Authority or body of the University shall, as soon as may be, be filled in the manner as is prescribed for nomination, election or appointment in the case of a permanent vacancy and a person filling a temporary vacancy shall become a member of such authority of body for the residue of the term for which the person whose place he fills would have been a member.

S.25 Vacancy not to invalidate a proceeding

No act done or proceedings taken by any Authority or body of the University shall be called in question or held to be invalid merely by reason of any vacancy in such Authority or body.

S.26 Power to remove difficulties

Where any difficulty arises in giving effect to any provision of this Act, the State Government may, by notification in the Official Gazette, make such order as appears to be necessary or expedient and as is not inconsistent with any provision of this Act.

Provided that no such order shall be made after the expiry of three years from the commencement of the Act.

S.27 Power to transfer a regional, study centre, institution, etc.

The State Government shall have power to transfer any Regional Centre, Study Centre or institution from or to the University, by notification in the Official Gazette, on such terms and conditions as may be specified in such notification.

S.28 Power to appoint Government Servants

Notwithstanding anything contained in any provision of this Act, the State Government may, on the commencement of this Act, or at any time thereafter, appoint, on deputation or otherwise, a Government Servant in the vacancy of an officer of the University for such period as it may deem necessary.

S.29 Statutes, Ordinances and regulation to be published in official Gazette and laid in the Legislative Assembly

(1) Every Statute, Ordinance of the University or Regulation made (by amendment or otherwise) from time to time shall be published in the Official Gazette.

(2) Every Statute, Ordinance of the University or Regulation made by amendment or otherwise after the commencement of this Act shall be laid as soon as may be after it is made, before the House of the State Legislative 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 session and if, before the expiry of the session immediately following the session or successive sessions aforesaid, the House agrees in making any modification in such Statute, Ordinance or Regulation or the House 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 prej

S.30 Repeal and Savings

(1) The Vardhaman Mahaveer Open University, Kota (Amendment) Ordinance, 2013 (Ordinance No. 4 of 2013) is hereby repealed.

(2) Notwithstanding such repeal, all things done, actions taken or orders made under the principal Act as amended by the aforesaid Ordinance shall be deemed to have been done, taken or made under the principal Act. as amended by this Act.

S.2

Every School of Studies, hereinafter called "School" Shall have a Board, which shall comprise of the following;

(a) Director of the School-Chairman;
(b) All Conveners/Heads and Professors of the disciplines or subjects assigned to the School of Studies, as may be determined by the Academic Council, from time to time;
(c) Atleast four Readers/Lecturers assigned to the School, nominated by the Vice Chacellor;
(d) Not more than two Professors/Readers/Lecturers from disciplines not assigned to the school, nominated by the Vice-Chancellor; and
(e) Persons (Depending upon the number of each discipline assigned to the School) who are not the employees of the University, co-opted by the Board for their specialized knowledge in any discipline assigned to the School or in any allied branch of knowledge.

S.3

All members of the Board other than the ex-officio members, shall hold office for a term of two years. The term of member will commence from such date as may be notified. The new Director will succeed on the basis of seniority from the list of confirmed faculty member not below the Associate Professor of disciplines assigned to the School. The term of the Director of the School shall be three years.*

S.4

Board of a School shall have the powers to perform the following functions;

i. To organize developmental and research work in the School;
ii. To approve the course structure of the academic programmes of the School, in accordance with the directions of the Academic Council, in pursuance of Statute 8(3) on the recommendation of the Expert Committee(s) constituted by-it ;
iii. To approve the syllabus in accordance with the course structure on the advice of Expert Committee(s) nominated by the Convener/Head of the subject;
iv. To recommend to the Vice-Chancellor names of course writers, examiners and moderators for different courses on the proposal of the director of the School prepared in consultation with the Convener/Head of the concerned discipline;
v. To formulate proposal for orientation programmes for course writers in collaboration with other Schools in consultation with the Convener/Head of the concerned discipline;
vi

S.5

The Board shall meet, as and when necessary, but shall meet atleast twice a year. One third of the total membership of the Board shall form a quorum for a meeting of the School.

S.21 CONVOCATION

Convocation of the University for conferring Degrees/Diplomas or other purposes may be held in such Manner as may be Prescribed by the Ordinance.

S.22 HONORARY DEGREES

All proposals for the confirment or Honorary Degrees shall be initiated by the Vice-Chancellor who after consultation with the Academic Council and the Board of Management shall submit the same to the Chancellor for confirmation.

Note. :- Statutes No. 21 & 22 were added after approval by Academic Council of VMOU in its meeting dated 11.1.96 and by the Board of Management in its 30th meeting dated 18.11.95 and 31st meeting date 15.1.96. The assent of H.E. the Governor and Chancellor was received on 6.2.96 (vide F-25 (8) RB/88/ 713 dt 6.2.96 for the same.