State Act

SRI PADMAVATHI MAHILA VISWA VIDYALAYAM (WOMENS UNIVERSITY) ACT, 1983.

Act no. 16 of 1983198343 sectionsIn forceAndhra Pradesh (State Act)

1. Short title, extent and Commencement - (1) This Act may be called Sri Padmavathi 1[Mahila Viswa Vidyalayam (Women’s University)] Act, 1983. (2) It extends to the whole of the State of Andhra Pradesh. (3) It shall be deemed to have come into force on the 14th April, 1983.

2.Definitions - In this Act, and in all statutes, and regulations made thereunder, unless the context otherwise requires :- (1) "academic year" means a period of twelve months commencing on the 1st day of July of the year or such other period of twelve months beginning on such date as the Executive Council may specify in respect of all the colleges under the control of the University or any particular college thereof. (2) "department" means a department of studies of the University recognised as such by the statutes and includes a Centre of Studies; (3) "Director of Higher Education" includes a Joint Director in-charge of Higher Education; (4) "employee" means any person appointed by the University and includes teachers and other staff of the University; (5) "Government" means the State Government of Andhra Pradesh; (6) "hostel" means a unit of residence or corporate life for the students of the University, college or institution, provided or maintained by the University; (7) "institution" means an academic institution, not being a college, maintained by the University; (8) "prescribed" means prescribed by the statutes, or regulations; (9) "principal" means the head of a college or an institution; (10) "schools" means the schools of the University as prescribed by the statutes; (11) "Secretary to Government" includes Joint Secretary to Government and Deputy Secretary to Government; (12) "statutes" and "regulations" means respectively, the statutes, and regulations of the University for the time being in force; (13) "student" means a person who is admitted to a college and is borne on the attendance register thereof until the end of the academic year; (14) "teachers of the University" means Professors, Readers, Lecturers and such other persons as may be appointed for imparting instructions or conducting research in the University or in any college or in any institution maintained by the University and designated as teachers by the statutes; (15) "University" means Sri Padmavathi 1 [Mahila Viswa Vidyalayam (Women’s University)] as constituted under this Act; (16) "University area" means the area to which this Act extends; (17) "University campus" means the area comprised within such limits of the headquarters of Sri Padmavathi 1[Mahila Viswa Vidyalayam (Women’s University)] as may, from time to time, be notified by the Government in the Andhra Pradesh Gazette ; (18) “University College” or “College” means a college established or maintained by the University and providing courses of study qualifying students for admission to University examinations in accordance with the regulations prescribed.

3. The University - (1) There shall be constituted in and for the State of Andhra Pradesh a University by the name of Sri Padmavathi 1[Mahila Viswa Vidyalayam (Women’s University)] which shall consist of a Chancellor, a Vice-Chancellor, a Rector if any, the Executive Council and an Academic Planning Board. (2) The headquarters of University shall be at Tirupathi and it may establish Campuses at such other places within such limits of the headquarters as it may deem fit. (3) The University shall be a residential and teaching University. (4) The University shall be a body corporate having in perpetual succession and a common seal, and shall sue and be sued by the said corporate name. (5) 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.Objects - The objects of the University shall include to acquiring of a sound updated academic knowledge, specific vocational skills, competence for gainful occupation, awareness of major issues and problems of society, knowledge of work ethic, work habits and human values, self confidence and creative interaction with society, broad overview of areas of employment, job seeking, job getting holding evaluation skills, training to function as better builders of homes and skills of leadership in all aspects of life.

5. Powers and functions of the University - The University shall have the following powers and functions namely; (i) to provide for instruction 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 and 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 and extension services; (iv) to confer honorary degrees or other distinctions in the manner prescribed by the statutes; (v) to provide instruction, for such courses of study including the course of study by correspondence, to such persons as are not members of the University, as it may determine; (vi) to institute Professorships, Readerships, Lecturerships, Principalships, and other teaching or academic posts required by the University and to appoint persons to such Professorships, Readerships, Lecturerships, Principalships, or other posts; (vii) to recognise persons working in any institution associated with the University for imparting instructions or supervising research or both, and to withdraw such recognition; (viii) to appoint persons working in any other University college or institution or organisation as teachers of the University for a specified period; (ix) to create administrative, ministerial and other posts and to make appointments thereto; (x) 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; (xi) to establish such campuses, special centres specialised laboratories or other units for research and institution as are, in the opinion of the University, necessary for the furtherance of its objects; (xii) to institute and award fellowships, scholarships, studentships, medals and prizes; (xiii) to establish, maintain and manage colleges and hostels in the University campus, and to establish and maintain colleges, institutions and hostels in any part of the headquarters of the University; (xiv) to make provision or research and advisory services and for that purposes to enter into such arrangements with other institutions or bodies as the University may deem necessary; (xv) to declare a department as an autonomous department; (xvi) to determine standards for admission into the University which may include examination, evaluation or any other method of testing; (xvii) to demand and receive payment of fees and other charges; (xviii) to supervise the residence of the students of the University and to make arrangements for promoting their health and general welfare; (xix) to regulate and enforce discipline among the teachers and other employees and students of the University and take such disciplinary measure in this regard as may be deemed by the University to be necessary; (xx) to make arrangements for promoting the health and general welfare of the teachers and other employees ; (xxi) to receive donations and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the University; (xxii) to borrow, with the prior written approval of the Government, on the security of the property of the University, moneys for the purpose of the University; (xxiii) to institute and manage publication bureau, employment bureau, and University extension boards; (xxiv) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the University.

6. University open to all women - The University shall be open to all women and of whatever race, creed, caste 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 her to be admitted therein, as a teacher or student, or to hold office therein, 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 provision for admission of students of the weaker sections of the people and in particular of the Scheduled Castes and the Scheduled Tribes.

7. Inspection - (1) The Government shall have the right to cause an inspection to be made, by such person or persons as they may direct, of the affairs and properties of the University, its buildings, laboratories, libraries, museums, workshops and equipment, and of any college or institution maintained by the University, and also to cause an inquiry to be made, into the teaching and other work conducted or done by the University, or 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 Executive Council 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 Government may, where action has not been taken by the University within the time fixed to their satisfaction, after considering any explanation furnished or representation made by the Executive Council issue such directions as they may think fit and the University shall comply with such directions.

8. Officers of the University - The following shall be the officers, of the University:- (1) The Chancellor; (2) The Vice-Chancellor; (3) The Rector; (4) The Deans of the Schools; (5) The Registrar; (6) The Finance Officer; and (7) Such other persons as may be declared by the statutes to be the Officers of the University.

9. The Chancellor - (1) The Governor of Andhra Pradesh shall be the Chancellor of the University. (2) The Chancellor shall, by virtue of his office, be the Head of the University. (3) The Chancellor shall, when present, preside at the convocation of the University held for conferring degrees. He shall exercise such other powers and perform such other functions as may be conferred on or vested in him by or under the provisions of this Act. (4) The Chancellor may, by order in writing, annul any proceedings of the University, which is not in conformity with the provision of this Act, the statutes or the regulations: Provided that before making any such order, he shall give a notice calling upon the University to show-cause why such an order should not be made and if any cause is shown within the time specified therefore in the said notice, shall consider the same.

10. The Vice-Chancellor - (1) The Vice-Chancellor shall be appointed by the Chancellor from out of a panel of names suggested by a committee consisting of- (i) a nominee of the Chancellor; (ii) a nominee of the Government; and (iii) a nominee of the Executive Council: Provided that a woman shall be appointed as the Vice-Chancellor under this section. The terms and conditions of service of the Vice-Chancellor shall be such as may be determined by the Chancellor from time to time, on the recommendation of the Executive Council. (2) The Vice-Chancellor shall be the principal executive and academic officer of the University, and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University. (3) The Vice-Chancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act, and shall report to such authority the action taken by him on such matter: Provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the Chancellor 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 shall exercise such other powers and perform such other functions as may be prescribed by the statutes or regulations.

11. The Rector - The Rector shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor. He shall exercise such powers and perform such duties as may be prescribed by statutes or delegated by the Vice-Chancellor. (2) Where the Executive Council does not accept the recommendation of the Vice-Chancellor, the matter shall be referred to the Chancellor whose decision thereon shall be final and binding on the Executive Council and the Vice-Chancellor.

12. The Registrar - (1) The Registrar shall be a whole time paid Officer of the University appointed by the Executive Council on the recommendation of the Vice-Chancellor on such terms as may be prescribed by the statutes. (2) He shall act as the Secretary of the Executive Council and the Academic Planning Board. (3) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University and shall exercise such other powers and discharge such other duties as may be prescribed by the statutes.

13. The Finance Officer - (1) The Finance Officer shall be a whole-time Officer of the University appointed by the Executive Council from out of a panel of names suggested by the Government. He shall exercise such powers and discharge such duties as may be prescribed by the statutes.

14. Deans of Schools and other officers - The manner of appointment and powers and duties of the Deans of Schools and other officers of the University shall be prescribed by the statutes.

15. Authorities of the University - The following shall be the authorities of the University, namely: (i) The Executive Council; (ii) The Academic Planning Board; (iii) The Schools; (iv) The Finance Committee; (v) The Board of Studies; (vi) Such other bodies as may be declared by the statutes to be authorities of the University.

16. The Executive Council - (1) The Executive Council shall be the principal executive body of the University. (2) The constitution of the Executive Council and its powers and functions shall be prescribed by the statutes.

17.The Academic Planning Board - The constitution of the Academic Planning Board and its powers and functions shall be prescribed by the statutes.

18. The Finance Committee - The constitution of the Finance Committee and its powers and functions shall be prescribed by the statutes.

19. The Schools and the Boards of studies - (1) The University shall include the Schools of- (a) Fine Arts; (b) Science; (c) Social Sciences; (d)Languages; (e) Commerce; (f) Women’s Development Studies; (g) Such other Schools as may be prescribed by the statutes. (2) Each school shall consist of such departments of teaching as may be prescribed by the statutes. (3) The constitution, powers and functions of the Schools, the Board of Studies, and of such other bodies as may be declared by the statutes to be authorities of the University shall be prescribed by the statutes. (4) (a) There shall be a Dean for each school who shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor from amongst the members of the School concerned. (b) The terms and conditions of the Office of Dean shall be prescribed by the students. (c) A separate Board of Studies shall be attached to each department of teaching.

20. Term of office of members of the executive council and Academic planning Board - The term of office of the members of the Executive Council and the Academic Planning Board shall be prescribed by the statutes.

21. General fund - The University shall have a general fund to which shall be credited- (i) its income including the fees and endowments; (ii) contributions or grants which may be made by the Government on such conditions as they may impose; and (iii) other contributions or grants.

22. Constitution of other funds - The University shall have such other funds and maintain such accounts as the Executive Council may determine on the recommendation of the Finance Committee.

23. Borrowing of money - The University may accept fund from the Government of India, the State Government, the University Grants Commission and also borrow money from a bank or a corporation, for the purpose of the University: Provided that where the University intends to borrow money from a bank or a corporation or both exceeding an amount of rupees fifty thousand at a time or in the aggregate, it shall obtain the prior written approval of the Government therefor.

24. Certain restrictions in respect of financial matters - The University shall not, without the prior approval of the Government, divert earmarked funds for other purposes or upgrade any post or revise the scales of pay of its staff or implement any scheme which involves the contribution from the Government or create a post or posts resulting in recurring liability on the Government either immediately or in future: Provided that the Executive Council may authorise the creation and filling up of posts of teachers for a period not exceeding one year but any such post or posts shall not be continued or created afresh for any period beyond the said period of one year without the prior approval of the Government.

25. Statutes - Subject to the provisions of this Act, the Executive Council shall have power to make statutes for all or any of the following matters, namely : - (a) the constitution, powers and duties of the authorities of the University; (b) the powers, duties and conditions of service of the officers of the University other than the Chancellor; (c) the classification and the method of appointment of teachers of the University; (d) the holding of convocations to confer degrees; (e) the constitution of pension, insurance, gratuity or provident fund for the benefit of the Officers, teachers and other employees of the University; (f) the registration of graduates and maintenance of a register of registered graduates; (g) the administration of endowments and the institution of fellowships, travelling fellowships, scholarships, studentships, bursaries, exhibitions, medals and prizes and the conditions of award; (h) all other matters which by this Act are to be or may be provided by the statutes.

26. Statutes how made - (1) The first statutes of the University are those set out in the Schedule. (2) The Executive Council may from time to time make new statutes or any statute in addition to the first statutes referred to in sub-section (1) and may amend or repeal any statute including the first statutes: Provided that the Executive Council shall not make, amend or repeal any statute 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 approval of the Chancellor who may assent thereto or withhold assent therefrom or remit the same to the Executive Council for reconsideration. (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 Chancellor. (5) Notwithstanding anything in the foregoing sub-sections, the Chancellor 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 this Act: Provided that the Chancellor may, on the expiry of the said period of three years make, within three years 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 the State Legislature.

27. Regulations - The Academic Planning Board shall have power to make regulation subject to the provisions of this Act and such regulations may provide for all or any of the following matters, namely :- (a) the admission of students to the University or prescribing the examinations to be recognised as equivalent to University Examinations; (b) the courses of study to be laid down and examinations and the conditions on which students shall be admitted to examinations for the degrees, diplomas certificates and titles of the University; (c) the grant of exemptions. (2) All regulations shall have effect from such date as the Academic Planning Board may direct but every regulation made by the said Board shall be submitted, as soon as may be, to the Executive Council for approval by a simple majority or refer it back to the said Board for reconsideration.

28. Annual Report - The Executive Council shall prepare an annual report of the University on or before such date as may be prescribed by the statutes. A copy of the report with a copy of the resolution thereon shall be submitted to the Government for information.

29. Annual Accounts - The Finance Committee shall prepare during each financial year the annual accounts of the University of the preceding year and submit them to such audit as the Government may direct before the end of the financial year. The accounts when audited shall be published in the Andhra Pradesh Gazette and copies thereof together with copies of audit report shall be submitted to the Executive Council not later than two years from the end of the financial year to which the accounts pertain and to the Government.

30. Financial Estimates - (1) The Finance Committee shall prepare before such date as may be prescribed by the statutes the financial estimates for the ensuing financial year along with annual accounts whether audited or not of the preceding financial year. (2) The Government shall fix the block grant for the University.

31. Power to incur unforeseen expenditure - The Executive Council 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.

32. Conditions of service of employees and settlement of disputes - (1) Every employee shall be appointed under a written contract which shall be lodged with the Registrar and a copy of which shall be furnished to the employee concerned. (2) Any dispute arising out of a contract between the University and any employee may be referred by the Vice-Chancellor to a grievances committee consisting of such persons not being members of the Executive Council as may be nominated by the Executive Council.

33. Procedure of appeal in disciplinary cases against students - 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 Committee or Examination Committee, as the case may be, and who has been debarred from appearing at the examinations of the University for more than one year, may, within ten days of the date of communication of such orders or copy of such resolution to him appeal to the Executive Council and the Executive Council may confirm, modify or reverse the decision of the Vice-Chancellor of the Committee as the case may be.

34. Right to appeal - Every employee or student of the University shall, notwithstanding anything contained in this Act have a right to appeal within such time as may be prescribed by the statutes to the Executive Council against the decision of any officer or authority of the University and thereupon the Executive Council may confirm, modify or reverse the decision appealed against.

35. Provident and Pension funds - (1) The University shall constitute for the benefit of its employees such pension or provident fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes. Where such provident or pension fund has been so constituted, the Government may declare that the provisions of the Provident Fund's Act, 1925, (Central Act 9 of 1925) shall apply to such funds as if it were a Government Provident Fund.

36. Disputes as to constitution of University authorities and bodies - If any question arises as to whether any person has been duly nominated 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 Chancellor whose decision thereon shall be final.

37. Constitution of Committees - Where any authority of the University is given power by this Act or the statutes to appoint committees, such committees shall save as otherwise provided, consist of the members of the authority concerned and of such other persons, if any, as the authority in each case may think fit.

38. 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 conveniently may be, by the person or body who had nominated, appointed or co-opted the member whose place has become vacant and the person nominated, appointed 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.

39. Proceedings of University authorities or bodies not to be invalidated by vacancies - No Act or proceedings of any authority or other body of the University shall be invalid merely by reason 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.

40. Protection of action taken in good faith - No suit or other legal proceedings shall lie against any officer or employee of the University for any thing which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the statutes or the regulations.

41. Power to remove difficulties - If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order make such provision not inconsistent with the provisions of this Act as appear to them 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 date of commencement of this Act.

42. Appointment of the first Vice-Chancellor - Notwithstanding anything in this Act and the statutes, the first Vice-Chancellor shall be appointed by the Chancellor on a salary to be fixed by him and shall hold office for a period to be fixed by him but not exceeding five years.

43. Repeal of Ordinance 6 of 1983 - Sri Padmavathi Mahila Viswa Vidyalayam Ordinance, 1983 is hereby repealed.