THE MIZORAM UNIVERSITY ACT, 2000
ACT NO. 8 OF 2000
[25th April, 2000]
An Act to establish and incorporate a teaching and affiliating
University in the State of Mizoram and to provide for matters
connected therewith or incidental thereto.
BE it enacted by Parliament in the Fifty-first Year of the Republic of
India as follows:-
1.
Short title and commencement.
1. Short title and commencement.-(1) This Act may be called the
Mizoram University Act, 2000.
(2) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
2.
Definitions.
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 Studies" means the Board of Studies of the University;
(d) "College Development Council" means the College Development
Council of the University;
(e) "College" means a College maintained by, or admitted to the
privileges of, the University;
(f) "Court" means the Court of the University;
(g) "Department" means a Department of Studies and includes a Centre
of Studies;
(h) "distance education system" means the system of imparting
education through any means of communication, such as broadcasting,
telecasting, correspondence courses, seminars, contact programmes or
the combination of any two or more such means;
(i) "employee" means any person appointed by the University and
includes teachers and other staff of the University;
(j) "Executive Council" means the Executive Council of the University;
(k) "Hall" means a unit of residence or of corporate life for the
students of the University, or of a College or an Institution,
maintained by the University;
(l) "Institution" means an academic institution, not being a College,
maintained by, or admitted to the privileges of, the University;
(m) "North-Eastern Hill University" means the University established
under section 3 of the North-Eastern Hill University Act, 1973 (24 of
1973);
(n) "Principal" means the Head of a College or an Institution
maintained by the University and includes, where there is no
Principal, the person for the time being duly appointed to act as
Principal, and in the absence of the Principal, or the acting Pri
cipal, a Vice-Principal duly appointed as such;
(o) "recognised Institution" means an institution of higher learning
recognised by the University within the State of Mizoram;
(p) "recognised teachers" means such persons as may be recognised by
the University for the purpose of imparting instructions in a College
or an Institution admitted to the privileges of the University;
(q) "Regulations" means the Regulations made by any authority of the
University under this Act for the time being in force;
(r) "School" means a School of Studies of the University;
(s) "Statutes" and "Ordinances" mean, respectively, the Statutes and
the Ordinances of the University for the time being in force;
(t) "teachers of the University" means Professors, Readers, Lecturers
and such other persons as may be appointed for imparting instruction
or conducting research in the University or in any College or
Institution maintained by the University and are desi nated as
teachers by the Ordinances;
(u) "University" means the Mizoram University established and
incorporated as a University under this Act;
(v) "Vice-Chancellor" and "Pro-Vice-Chancellor" mean, respectively,
the Vice-Chancellor and Pro-Vice-Chancellor of the University.
3.
Establishment of the University.
3. Establishment of the University.-(1) There shall be established a
University by the name of "Mizoram University".
(2) The headquarters of the University shall be at Aizawl.
(3) The first Vice-Chancellor and 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, are hereby consti uted a body
corporate by the name of "Mizoram University".
(4) The University shall have perpetual succession and a common seal
and shall sue and be sued by the said name.
4.
Objects of the University.
4. Objects of the University.-The objects of the University shall be
to disseminate and advance knowledge by providing instructional and
research facilities in such branches of learning as it may deem fit;
to make provisions for integrated courses in hum nities, natural and
physical sciences, social sciences, forestry and other allied
disciplines in the educational programmes of the University; to take
appropriate measures for promoting innovations in teaching-learning
process, inter-disciplinary studies and research; to educate and
train manpower for the development of the State of Mizoram; and to
pay special attention to the improvement of the social and economic
conditions and welfare of the people of that State, their
intellectual, academic and cultu al development.
5.
Powers of the University.
5. Powers of the University.-The University shall have the following
powers, namely:-
(i) to provide for instructions in such branches of learning as the
University may, from time to time, determine and to make provisions
for research and for the advancement and dissemination of knowledge;
(ii) to grant, subject to such conditions as the University may
determine, diplomas or certificates to, and confer degrees or other
academic distinctions on the basis of examinations, evaluation or any
other method of testing, on persons, and to withdraw any such
diplomas, certificates, degrees or other academic distinctions for
good and sufficient cause;
(iii) to organise and to undertake extramural studies, training and
extension services;
(iv) to confer honorary degrees or other distinctions in the manner
prescribed by the Statutes;
(v) to provide facilities through the distance education system to
such persons as it may determine;
(vi) to institute Principalships, Professorships, Readerships,
Lecturerships and other teaching or academic positions, required by
the University and to appoint persons to such Principalships,
Professorships, Readerships, Lecturerships or other teaching or
academic positions;
(vii) to recognise an institution of higher learning for such purposes
as the University may determine and to withdraw such recognition;
(viii) to recognise persons for imparting instructions in any College
or Institution admitted to the privileges of the University;
(ix) to appoint persons working in any other University or
organisation as teachers of the University for a specified period;
(x) to create administrative, ministerial and other posts and to make
appointments thereto;
(xi) to co-operate or collaborate or associate with any other
University or authority or institution of higher learning in such
manner and for such purposes as the University may determine;
(xii) to establish, with the prior approval of the Central Government,
such Centres and specialised laboratories or other units for research
and instruction as are, in the opinion of the University necessary for
the furtherance of its objects;
(xiii) to institute and award fellowships, scholarships, studentships,
medals and prizes;
(xiv) to establish and maintain Colleges, Institutions and Halls;
(xv) to make provision for research and advisory services and for that
purpose to enter into such arrangements with other institutions,
industrial or other organisations, as the University may deem
necessary;
(xvi) to organise and conduct refresher courses, workshops, seminars
and other programmes for teachers, evaluators and other academic
staff;
(xvii) to admit to its privileges colleges and institutions within the
State of Mizoram not maintained by the University; to withdraw all or
any of those privileges in accordance with such conditions as may be
prescribed by the Statutes; to recognise, gu de, supervise, and
control Halls not maintained by the University and other accommodation
for students, and to withdraw any such recognition;
(xviii) to appoint on contract or otherwise visiting Professors,
Emeritus Professors, Consultants, Scholars and such other persons who
may contribute to the advancement of the objects of the University;
(xix) to confer autonomous status on a College or an Institution or a
Department, as the case may be, in accordance with the Statutes;
(xx) to determine standards of admission to the University, which may
include examination, evaluation or any other method of testing;
(xxi) to demand and receive payment of fees and other charges;
(xxii) to supervise the residences of the students of the University
and to make arrangements for promoting their health and general
welfare;
(xxiii) to lay down conditions of service of all categories of
employees, including their code of conduct;
(xxiv) to regulate and enforce discipline among the students and the
employees, and to take such disciplinary measures in this regard as
may be deemed by the University to be necessary;
(xxv) to make arrangements for promoting the health and general
welfare of the employees;
(xxvi) to receive benefactions, donations and gifts and to acquire,
hold, manage and dispose of any property, movable or immovable,
including trust and endowment properties for the purposes of the
University;
(xxvii) to borrow, with the approval of the Central Government, on the
security of the property of the University, money for the purposes of
the University;
(xxviii) to do all such other acts and things as may be necessary,
incidental or conducive to the attainment of all or any of its
objects.
6.
Transfer of properties of the North-Eastern Hill University.
6. Transfer of properties of North-Eastern Hill University.-On and
from the commencement of this Act, all properties of the North-Eastern
Hill University in the State of Mizoram shall stand transferred to,
and vest in, the University and shall be applied to the objects for
which the University is established.
7.
Jurisdiction.
7. Jurisdiction.-(1) The jurisdiction of the University shall extend
to the whole of the State of Mizoram.
(2) On and from the commencement of this Act, all Colleges,
Institutions, Schools and Departments affiliated to, or admitted to
the privileges of, or maintained by, the North-Eastern Hill University
shall stand affiliated to, or admitted to the privilege of, or
maintained by, the University.
(3) On and from the date of commencement of this Act, the
North-Eastern Hill University shall cease to exercise its jurisdiction
in the State of Mizoram.
8.
University open to all classes, castes, and creed.
8. 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
admission of women, physically handicapped or of persons belonging to
the weaker sections of the society and, in particul r, of the
Scheduled Castes and the Scheduled Tribes.
9.
The visitor.
9. The Visitor.-(1) The President of India shall be the Visitor of
the University.
(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 maintained 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 within the report and the
University shall be bound to com ly with such directions.
(3) The Visitor shall have the right to cause an inspection to be made
by such person or persons as he may direct, of the University, its
buildings, laboratories and equipment, and of any College or
Institution maintained by the University or admitted to its
privileges; and also of the examinations, teaching and other work
conducted or done by the University and to cause an inquiry to be made
in like manner in respect of any matter connected with the
administration or finances of the University, Colleges or
Institutions.
(4) The Visitor shall, in every matter referred to in sub-section (2),
give notice of his intention to cause an inspection or inquiry to be
made,-
(a) to the University, if such inspection or inquiry is to be made in
respect of the University or any College or Institution maintained by
it, or
(b) to the management of the College or Institution, if the inspection
or inquiry is to be made in respect of College or Institution admitted
to the privileges of the University, and the University or the
management, as the case may be, shall have the right to make such
representations to the Visitor, as it may consider necessary.
(5) After considering the representations, if any, made by the
University or the management, as the case may be, the Visitor may
cause to be made such inspection or inquiry as is referred to in
sub-section (3).
(6) Where any inspection or inquiry has been caused to be made by the
Visitor, the University or the management shall be entitled to appoint
a representative, who shall have the right to be present and be heard
at such inspection or inquiry.
(7) The Visitor may, if the inspection or inquiry is made in respect
of the University or any College or Institution maintained by it,
address the Vice-Chancellor with reference to the result of such
inspection or inquiry together with such views and adv ce with regard
to the action to be taken thereon, as the Visitor may be pleased to
offer, and on receipt of address made by the Visitor, the
Vice-Chancellor shall communicate, to the Executive Council, the views
of the Visitor with such advice as the Vis tor may offer upon the
action to be taken thereon.
(8) The Visitor may, if the inspection or inquiry is made in respect
of any College or Institution admitted to the privileges of the
University, address the management concerned through the
Vice-Chancellor with reference to the result of such inspection r
inquiry, his views thereon and such advice as he may be pleased to
offer upon the action to be taken thereon.
(9) The Executive Council or the management, as the case may be, shall
communicate, through the Vice-Chancellor to the Visitor such action,
if any, as it proposes to take or has been taken upon the result of
such inspection or inquiry.
(10) Where, the Executive Council or the management, does not, within
a reasonable time, take action to the satisfaction of the Visitor, the
Visitor may, after considering any explanation furnished or
representation made by the Executive Council or the m nagement, issue
such directions as he may think fit and the Executive Council or the
management, as the case may be, shall comply with such directions.
(11) Without prejudice to the foregoing provisions of this section,
the Visitor may, by order in writing, annul any proceeding of the
University which is not in conformity with the Act, the Statutes or
the Ordinances:
Provided that before making any such order, he shall call upon the
Registrar to show cause why such an order should not be made, and, if
any cause is shown within a reasonable time, he shall consider the
same.
(12) The Visitor shall have such other powers as may be prescribed by
the Statutes.
10.
Officers of the University.
10. Officers of the University.-The following shall be the officers
of the University:-
(1) the Vice-Chancellor;
(2) the Pro-Vice-Chancellor;
(3) the Deans of Schools;
(4) the Registrar;
(5) the Finance Officer;
(6) the Librarian; and
(7) such other officers as may be declared by the Statutes to be
officers of the University.
11.
The Vice-Chancellor.
11. The Vice-Chancellor.-(1) The Vice-Chancellor shall be appointed
by the Visitor in such manner and on such terms and 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 Universi y.
(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 ma ter:
Provided that if the authority concerned is of opinion that such
action ought not to have been taken, it may refer the matter to the
Visitor whose decision thereon shall be final:
Provided further that any person in the service of the University who
is aggrieved by the action taken by the Vice-Chancellor under this
sub-section shall have the right to appeal against such action to the
Executive Council within three months from the date on which decision
on such action is communicated to him and thereupon the Executive
Council may confirm, modify or reverse the action taken by the
Vice-Chancellor.
(4) The Vice-Chancellor, if he is of the opinion that any decision of
any authority of the University is beyond the powers of the authority
conferred by the provisions of this Act, the Statutes or the
Ordinances or that any decision taken is not in the nterest of the
University, may ask the authority concerned to review its decision
within sixty days of such decision and if the authority refuses to
review the decision either in whole or in part or no decision is taken
by it within the said period of si ty days, the matter shall be
referred to the Visitor whose decision thereon shall be final.
(5) The Vice-Chancellor shall exercise such other powers and perform
such other duties as may be prescribed by the Statutes or the
Ordinances.
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The Pro-Vice-Chancellor.
12. The Pro-Vice-Chancellor.-The Pro-Vice-Chancellor shall be
appointed in such manner and shall exercise such powers and perform
such duties, as may be prescribed by the Statutes.
13
The Deans of Schools.
13. The Deans of Schools.-Every Dean of a School shall be appointed
in such manner and shall exercise such powers and perform such duties
as may be prescribed by the Statutes.
14
The Registrar.
14. The Registrar.-(1) The Registrar shall be appointed in such
manner as may be prescribed by the Statutes.
(2) The Registrar shall have the power to enter into agreement, sign
documents and authenticate records on behalf of the University and
shall exercise such powers and perform such duties as may be
prescribed by the Statutes.
15
The Finance Officer.
15. The Finance Officer.-The Finance Officer shall be appointed in
such manner and shall exercise such powers and perform such duties as
may be prescribed by the Statutes.
16
The Librarian.
16. The Librarian.-The Librarian shall be appointed in such manner
and shall exercise such powers and perform such duties as may be
prescribed by the Statutes.
17
Other Officers.
17. Other officers.-The manner of appointment and powers and duties
of the other officers of the University shall be prescribed by the
Statutes.
18
Authorities of the University.
18. Authorities of the University.-The following shall be the
authorities of the University:-
(1) the Court;
(2) the Executive Council;
(3) the Academic Council;
(4) the College Development Council;
(5) the Board of Studies;
(6) the Finance Committee; and
(7) such other authorities as may be declared by the Statutes to be
the authorities of the University.
19
The Court.
19. The Court.-(1) The constitution of the Court and the term of
office of its members shall be prescribed by the Statutes.
(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 respect of any matter which may be
referred to it for advice; and
(d) to perform such other functions as may be prescribed by the
Statutes.
20
TheExecutive Council.
20. The Executive Council.-(1) The Executive Council shall be the
principal executive body of the University.
(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.
21
The Academic Council.
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, co-ordinate
and exercise general supervision over the academic po icies of the
University.
(2) The constitution of the Academic Council, the term of office of
its members and its powers and functions shall be prescribed by the
Statutes.
22
The College Development Council.
22. The College Development Council.-(1) The College Development
Council shall be responsible for admitting Colleges to the privileges
of the University.
(2) The constitution of the College Development Council, the term of
office of its members and its powers and functions shall be prescribed
by the Statutes.
23
The Boards of Studies.
23. The Boards of Studies.-The constitution, powers and functions of
the Boards of Studies shall be prescribed by the Statutes.
24
The Finance Committee.
24. The Finance Committee.-The constitution, powers and functions of
the Finance Committee shall be prescribed by the Statutes.
25
Other authorities.
25. Other authorities of the 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.
26
Power to make Statutes.
26. Powers 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 appointment 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 pr vide;
(c) the appointment, powers and duties of the officers of the
University and their emoluments;
(d) the appointment of teachers, academic staff and other employees of
the University, their emoluments and conditions of service;
(e) the appointment of teachers, academic staff working in any other
University or organisation for a specific period for undertaking a
joint project;
(f) the conditions of service of employees including provisions
pension, insurance and provident fund, the manner of termination of
service and disciplinary action relating to employees of the
University;
(g) the principles governing the seniority of service of the employees
of the University;
(h) the procedure for arbitration in cases of dispute between
employees or students and the University;
(i) the procedure for appeal to the Executive Council by any employee
or student against the action of any officer or authority of the
University;
(j) the conferment of autonomous status on a College or an Institution
or a Department;
(k) the establishment and abolition of Schools, Departments, Centres,
Halls, Colleges and Institutions;
(l) the conferment of honorary degrees;
(m) the withdrawal of degrees, diplomas, certificates and other
academic distinctions;
(n) the conditions under which Colleges and Institutions may be
admitted to the privileges of the University and the withdrawal of
such privileges;
(o) the management of Colleges and Institutions established by the
University;
(p) the delegation of powers vested in the authorities or officers of
the University;
(q) the maintenance of discipline among the employees and students;
(r) all other matters which by this Act are to be or may be provided
for by the Statutes.
27
Statutes how to be made.
27. Statutes how to be made.-(1) The first Statutes are those set out
in the Schedule.
(2) The Executive Council may, from time to time, make new or
additional Statutes or may amend or repeal the Statutes referred to in
sub-section (1):
Provided that the 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 an
opportunity of expressing an opinion in writing on the proposed
changes, and any opinion so expressed shall be considered by the
Executive Council.
(3) Every new Statute or addition to the Statutes or any amendment or
repeal of a Statute shall require the assent of the Visitor who may
assent thereto or withhold assent or remit to the Executive Council
for re-consideration.
(4) A new Statute or a Statute amending or repealing an existing
Statute shall have no validity unless it has been assented to by the
Visitor.
(5) Notwithstanding anything contained in the foregoing sub-sections,
the Visitor may make new or additional Statutes or amend or repeal the
Statutes referred to in sub-section (1), during the period of three
years immediately after the commencement of t is Act:
Provided that the Visitor may, on the expiry of the said period of
three years, make, within one year from the date of such expiry, such
detailed Statutes as he may consider necessary and such detailed
Statutes shall be laid before both Houses of Parliam nt.
(6) Notwithstanding anything contained in the foregoing sub-sections,
the Visitor may direct the University to make provisions in the
Statutes in respect of any matter specified by him and if the
Executive Council is unable to implement such direction wi hin sixty
days of its receipt, the Visitor may, after considering the reasons,
if any, communicated by the Executive Council for its inability to
comply with such direction, make or amend the Statutes suitably.
28
Power to make Ordinances.
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, 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 the examinations, degrees and diplomas of the
University;
(f) the conditions for award of fellowships, scholarships,
studentships, medals and prizes;
(g) the conduct of examinations, including the term of office and
manner of appointment and the duties of examining bodies, examiners
and moderators;
(h) the conditions of residence of the students of the University;
(i) the special arrangements, if any, which may be made for the
residence, discipline and teaching of women students and the
prescribing of special courses of studies for them;
(j) the establishment of Centres of Studies, Boards of Studies,
Specialised Laboratories and other Committees;
(k) the manner of co-operation and collaboration with other
Universities, institutions and other agencies including learned bodies
or associations;
(l) the creation, composition and functions of any other body which is
considered necessary for improving the academic life of the
University;
(m) the institution of fellowships, scholarships, studentships, medals
and prizes;
(n) the supervision of management of Colleges and Institutions
admitted to the privileges of the University;
(o) the setting up of a machinery for redressal of grievances of
employees; and
(p) all other matters which by this Act or the Statutes, are to be or
may be, provided for by the Ordinances.
(2) The first Ordinances shall be made by the Vice-Chancellor with the
previous approval of the Central Government and the Ordinances so made
may be amended, repealed or added to at any time by the Executive
Council in the manner prescribed by the Statut s.
29
Regulations.
29. Regulations.-The authorities of the University may make
Regulations, consistent with this Act, the Statutes and the Ordinances
for the conduct of their own business and that of the Committees, if
any, appointed by them and not provided for by this Ac , the Statutes
or the Ordinances, in the manner prescribed by the Statutes.
30
Annual Report.
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 subm tted 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.
31
Annual accounts.
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 Compt oller 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 and the Visitor along with the
observations of the Executive Council.
(3) Any observations 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.
(4) A copy of the annual accounts together with the audit report as
submitted to the Visitor, 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.
(5) The audited annual accounts after having been laid before both
Houses of Parliament shall be published in the Gazette of India.
32
Returns and information.
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.
33
Transfer of services of certain employees of the North-Eastern HillUniversity.
33. Transfer of services of certain employees of the North-Eastern
Hill University.-(1) Every person who, immediately before the
commencement of this Act, is holding or discharging the duties of any
post or office in connection with the affairs of the No th-Eastern
Hill University in any area which on that date falls within the State
of Mizoram shall be deemed to have been transferred to the services of
the Mizoram University on the same terms and conditions and to the
same rights and privileges as to p nsion, gratuity, provident fund and
other matters as he would have been had under the North-Eastern Hill
University Act, 1973 (24 of 1973).
(2) Any dispute between a person referred to in sub-section (1) and
the University shall, at the request of such person, be referred to a
Tribunal of Arbitration and the provisions of sub-sections (2), (3),
(4) and (5) of section 34 shall, as far as may e, apply to a reference
made under this sub-section.
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Conditions of service.
34. Conditions of service.-(1) Every employee of the University shall
be appointed under a written contract, which shall be lodged with the
University and a copy of which shall be furnished to the employee
concerned.
(2) 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 e ployee concerned and
an umpire appointed by the Visitor.
(3) The decision of the Tribunal shall be final, and no suit shall lie
in any civil court in respect of the matters decided by the Tribunal.
(4) Every request made by the employee under sub-section (2), shall be
deemed to be a submission to arbitration upon the terms of this
section within the meaning of the Arbitration and Conciliation Act,
1996 (26 of 1996).
(5) The procedure for regulating the work of the Tribunal shall be
prescribed by the Statutes.
35
Procedure of appeal and arbitration in disciplinary cases againststudents.
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, Discipline Co mittee 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, appe l 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
sub-sections (2), (3), (4) and (5) of section 34 shall, as far as may
be, apply to a reference made under this sub-section.
36
Right to appeal.
36. Right to appeal.-Every employee or student of the University or
of a College or Institution maintained by the University or admitted
to its privileges shall, notwithstanding anything contained in this
Act, have a right to appeal within such time as m y be prescribed by
the Statutes, to the Executive Council against the decision of any
officer or authority of the University or of the Principal or the
management of any College or an Institution, as the case may be, and
thereupon the Executive Council m y confirm, modify or reverse the
decision appealed against.
37
Provident and pension funds.
37. Provident and pension funds.-(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 b the Statutes.
(2) Where such provident fund or pension fund has been so constituted,
the Central Government may declare that the provisions of the
Provident Funds Act, 1925 (28 of 1925), shall apply to such fund, as
if it were a Government provident fund.
38
Disputes as to constitution of University authorities and bodies.
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.
39
Filling of casual vacancies.
39. Filling of casual vacancies.-All 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, by the person or
body who appoints, elects or co-opts the member hose place has become
vacant and person appointed, elected or co-opted to a casual vacancy
shall be a member of such authority or body for the residue of the
term for which the person whose place he fills would have been a
member.
40
Proceedings of University authorities or bodies not invalidated byvacancies.
40. 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.
41
Protection of action taken in good faith.
41. 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 th s Act, the Statutes
or the Ordinances.
42
Mode of proof of University record.
42. Mode of proof of University record.-A copy of any receipt,
application, notice, order, proceeding, resolution of any authority or
Committee of the University, or other documents in possession of the
University, or any entry in any register duly maint ined 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 (1 of 1872) or in any other law for
the time being in force.
43
Power to remove difficulties.
43. 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 is made, before each House of Parliament.
44
Transitional provisions.
44. Transitional provisions.-Notwithstanding anything contained in
this Act and the Statutes,-
(a) 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 officer 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 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 thirty members and eleven members, respectively, who
shall be nominated by the Visitor and shall hold office for a term of
three years;
(d) the first College Development Council shall consist of not more
than ten members, who shall be nominated by the Visitor and they shall
hold office for a term of three years;
(e) the first Academic Council shall consist of not more than
twenty-one members, who shall be nominated by the Visitor and they
shall hold office for a term of three years:
Provided that if any vacancy occurs in the above offices or
authorities, the same shall be filled by appointment or nomination, as
the case may be, by the Visitor, and the person so appointed or
nominated shall hold office for so long as the officer or m mber in
whose place he is appointed or nominated would have held office, if
such vacancy had not occurred.
45
Completion of coures of studueis in Colleges or Insitutionsaffiliated to the
University.
45. Completion of courses of studies in Colleges or Institutions
affiliated to the University.-Notwithstanding anything contained in
this Act, or in the Statutes or the Ordinances, any student of a
College, Institution, School or Department, who, immedia ely before
the admission of such College, Institution, School or Department, to
the privileges of the University, was studying for a degree, diploma
or certificate of the North-Eastern Hill University, shall be
permitted by the University, to complete hi course for that degree,
diploma or certificate, as the case may be, and the Mizoram University
and such College, Institution, School or Department, shall provide for
the instructions and examination of such student in accordance with
the syllabus of stu ies of the North-Eastern Hill University.
46
Statutes, Ordinances and Regulations to be published in the OfficialGazette and
to be laid before Parliament.
46. Statutes, Ordinances and Regulations to be published in the
Official Gazette and to be laid before Parliament.-(1) Every Statute,
Ordinance or Regulation made under this Act shall be published in the
Official Gazette.
(2) Every Statute, Ordinance or Regulation made under this Act shall
be laid, as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately
ollowing 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 R gulation
shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification
or annulment shall be without prejudice to the validity of anything
previously done under that Statute, Ordin nce or Regulation.
(3) The power to make Statutes, Ordinances or Regulations shall
include the power to give retrospective effect from a date not earlier
than the date of commencement of this Act, to the Statutes, Ordinances
or Regulations or any of them but no retrospecti e effect shall be
given to any Statute, Ordinance or Regulation so as to prejudicially
affect the interests of any person to whom such Statute, Ordinance or
Regulation may be applicable.
47
Amendment of Act 24 of 1973.
47. Amendment of Act 24 of 1973.-In the North-Eastern Hill University
Act, 1973,-
(i) in section 1, in sub-section (2), for the words "Union territories
of Arunachal Pradesh and Mizoram", the words "State of Arunachal
Pradesh" shall be substituted;
(ii) in section 2, in clause (l), for the words "Union territories of
Arunachal Pradesh and Mizoram", the words "State of Arunachal Pradesh"
shall be substituted;
(iii) in section 6, in sub-section (1), for the words "Union
territories of Arunachal Pradesh and Mizoram", the words "State of
Arunachal Pradesh" shall be substituted.
