THE VARDHAMAN MAHAVEER OPEN UNIVERSITY, KOTA ACT,1987

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.

2. Definitions. - In this Act, unless the context otherwise requires :- (a) “Academic Council” means the Academic Council of the University constituted under section 12 ; (b) “Board of Management” means the Board of Management of the University constituted under section 11; (c) “Distance Education System” means the system of imparting education through correspondence courses, seminars, contact programmes, broadcasting telecasting or any other means of communication; (d) “Employee” means any person appointed in or by the university, other than teacher and other members of the academic staff of the University; (e) “Ordinance” or an “ordinance of the University” shall mean an ordinance made under section 17; (f) “Planning Board” means the planning board constituted under section 14; (g) “Regional Centre” means a centre established or maintained by the University for co-ordinating or supervising the work of study centres in any region and for performing other functions assigned by the Board of Management; (h) “Regulations” mean the regulations made by any Authority of the University under this Act. (i) “State” means the State of Rajasthan and “State Government” means the Government of Rajasthan; (j) “Statutes” mean the Statutes of the University contained in the Schedule as amended from time to time; (k) “Student” includes a person enrolled for pursuing a course of study in the University ; (l) “Study Centre” means a centre established, or recognized by the University for advising or rendering any assistance to students; (m) “Teacher” means a Professor, Associate Professor, Reader, Lecturer or Assistant Professor and includes any other person required to impart education or to give guidance or to render any assistance to Students for pursuing a course of study of the University; (n) “University” means the Vardhaman Mahaveer Open University, Kota by and under this Act; and (o) “Vice Chancellor” and “Pro-Vice Chancellor” mean respectively, the Vice Chancellor and Pro Vice-Chancellor of the University.

3. Establishment of the university - (1) There shall be established a University under this Act by the name of the Vardhaman Mahaveer Open University, Kota. (2) The University shall be a body corporate having a perpetual succession and a common seal and may sue and be sued by its corporate name. (3) The headquarters of the University shall be at Kota in the State of Rajasthan and it may establish or maintain a Regional Centre or Study centre at any place.

4. Objects and Functions of the University- The University shall, in order to achieve the object of advancing and disseminating education and knowledge in the State through diverse means including distance education system perform the following functions, namely:- (i) to provide for instructions and research in such branches of knowledge, technology, vocations and professions as the University may deem necessary or proper; (ii) to prescribe courses of study for degrees, diplomas, certificates or any other purpose; (iii) to hold examinations and confer degrees, diplomas, certificates and other academic distinctions; (iv) to determine the manner of distance education system so as to organise academic programmes; (v) to create posts and positions for imparting instructions, conducting academic activities and running the administration of the University and to appoint persons to such posts or positions; (vi) to associate with other Universities and institutions of learning, specially with the Indira Gandhi National Open University, New Delhi, in order to have therewith inter locking system in the field of distant education; (vii) to institute and award fellowships, scholarships and prizes; (viii) to establish or maintain Regional Centres and study Centres; (ix) to organise or conduct workshops, seminars and other programmes; (x) to give recognition to examinations, studies and activities conducted by other Universities, institutions, academic bodies and organisations ; (xi) to make suitable arrangements for research and development in the field of education; (xii) to receive donations, grants, aid and gifts (movable or immovable) for the purpose of University; (xiii) to borrow money with the previous approval of the State Government; (xiv) to determine standards and lay down conditions for admission of students to various courses of study; (xv) to confer autonomous status to a regional or study centre or to admit a centre to its privileges; and (xvi) to do all other acts and perform all such functions which are necessary for or incidental to achieving the aims and objects of the University.

5. Chancellor- (1) The Governor of the State shall be the ex-officio Chancellor of the University. (2) The Chancellor shall have the following powers namely :- (a) to constitute the Academic Council and Board of Management of the University in accordance with the provisions of this Act and the Statutes; (b) to give direction, take action or do anything as required under the provisions of this Act and the Statutes; (c) to cause an inspection by such person, as he may direct, of any work, activity or examination of the University, College, Regional Centre and study centre; (d) to cause an enquiry into any matter related to administration or the finances of the University; and (e) to give his views or advice to the Vice-Chancellor in matter wherein an inspection or enquiry has been made under clause (c) or clause (d)

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 such direction.

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.

8. Vice-Chancellor-** 1. The Vice-Chancellor shall be a whole time paid officer of the University. 2. “No perosn 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 the Chairman of the Committee. 4. An eminent person in the sphere of higher education not connected with the University and its colleges shall only be eligible to be nominated as the member of the Search Committee. 5. The Search Committee shall prepare and recommend a panel of not less than three persons and not more than five persons to be appointed as Vice-Chancellor. 6. For the purpose of selection of the Vice-Chancellor, the Search Committee shall invite applications from eligible persons through a public notice and while considering the names of persons to be appointed as Vice-Chancellor, the Search Committee shall give proper weightage to academic excellence, exposure to the higher education system in the country, and adequate experience in academic and administrative governance and record its findings in writing and enclose the same with the panel to be submitted to the Chancellor by any other vice-chancellor of the state university. 7. The term of the office of the Vice-Chancellor shall be three years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier: Provided that the same person shall be eligible for reappointment for a second term. 8. The Vice-Chancellor shall receive such pay and allowances as may be determined by the State Government. In addition to it, he shall be entitled to free furnished residence maintained by the University and such other perquisites as may be prescribed. 9. When a permanent vacancy in the office of the Vice-Chancellor occurs by reason of his death, resignation, removal or the expiry of his term of office, it shall be filled by the Chancellor in accordance with sub-section (3), and for so long as it is not so filled, stop-gap arrangement shall be made by him under and in accordance with sub-section(10). 10. When a temporary vacancy in the office of the Vice-Chancellor occurs by reason of leave, suspension or otherwise or when a stop-gap arrangement is necessary under sub-section (9), the Registrar shall forthwith report the matter to the Chancellor who shall make, on the advice of the State Governmnet, arrangement for the carrying on of the function of the office of the Vice-Chancellor by any other Vice-Chancellor of a State University. 11. The Vice-Chancellor may at any time relinquish office by submitting, not less than sixty days in advance of the date on which he wishes to be relieved, his resignation to the Chancellor. 12. Such resignation shall take effect from the date determined by the Chancellor and conveyed to the Vice-Chancellor. 13. Where a person appointed as the Vice-Chancellor was in employment before such appointment in any other college, institution or University, he may continue to contribute to the provident fund of which he was a member in such employment and the University shall contribute to the account of such person in that provident fund. 14. Where the Vice-Chancellor had been in his previous employment, a member of any insurance or pension scheme, the University shall make a necessary contribution to such scheme. 15. The Vice-Chancellor shall be entitled to travelling and daily allowance at such rates as may be fixed by the Board. 16. The Vice-Chancellor shall be entitled to leave as under:- a. leave on full pay at the rate of one day for every eleven days of active service; and b. leave on half pay at the rate of twenty days for each completed year of service: Provided that leave on half pay may be commuted as leave on full pay on production of medical certificate. 17. The Vice-Chancellor shall be the principal academic, administrative and executive officer of the University and shall exercise overall supervision and control over the affairs of the University. He shall have all such powers as may be necessary for true observance of the provisions of this Act and Statutes. 18. The Vice-Chancellor shall, where immediate action is called for, have power to make an order so as to exercise any power or perform any function which is exercised or performed by any Authority under this Act or the Statutes. Provided that such action shall b reported to the Authority as would have in the ordinary course dealt with the matter for approval. Provided further that if the action so reported is not approved by such Authority not being the Board, the matter shall be referred to the Board,whose decision shall be final and in case of the Authority being the Board,the matter shall be referred to the Chancellor whose decesion shall be final. 19. The Vice-Chancellor may, on being satisfied that any action taken or order made by any Authority is not in the interest of the University or beyond the powers of such Authority, require the Authority to review its action or order. In case the Authority refuses of fails to review its action or order within sixty days of the date on which the Vice-Chancellor has so required,the matter may be referred to the Board or to the Chancellor,as the case may be,for final decision.”

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 Chanceller, 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 porper, 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 onder 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 contemplation. of any inquiry referred to in sub-section (1) the Chancellor may, in consultation with the State Government, order that till further order- (a) such Vice-Chancellor shall refrain from performing the functions of the office of the Vice-Chancellor, but shall continue to get the emoluments to which he was otherwise entitled; (b) the functions of the office of the Vice-Chancellor shall be performed by the person specified in the order.”

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.

10. Authorities of the University.- The following shall be the Authorities of the University, namely;- (q) 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

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.

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-Chacellor 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.

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.

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.

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.

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 with the State Government, assented to it. The Chancellor may, after the said consultation and on being satisfied that assent be not given, withhold assent or return the proposal for amendment to the Board of Management for re-consideration in the light of the observations, if any, made by him. (5) Notwithstanding anything contained in sub-section (3) of sub-section (4), the Chancellor shall have power to amend, after consulation with the State Government, whether by adding, deleting or in any other manner, the Statutes contained in the Schedule within a period of one year from the commencement of this Act. (6) An amendment to the Statutes shall come into force on the date of its publication in the official Gazette.

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-Chacellor with the previous approval of the State Government and may be amended (by adding, deleting or in any other manner) at any time by the Board of Management in such manner as may be prescribed by the Statutes.

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.

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.

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 audited shall be printed and copies thereof, together with the audit report, shall be submitted by the Vice-Chancellor to the Board which shall forward them to the State Government with such comments as may be deemed necessary. (6) The University shall settle objections raised in the audit and carry out such instructions as may be issued by the State Government on the audit report.

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 Government for any purposes other than for which the funds are received; and (g) take any decision resulting in increased financial liability, direct or indirect, for the State Government. Explanation - The above conditions shall also apply in respect of the posts created from any other fund, which may, in the long term, be likely to cause financial implications to the State Government.

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.

21. Conditions of service of employees - (1) a person may be appointed by the Vice-Chancellor or an officer specially authorised by him in this behalf as a teacher or an employee of the University by a contract in writing which shall not contain any condition contrary to any provision of this Act, the Statutes and the Ordinances of the University. (2) The Original contract shall be kept on the record of the University and a copy thereof shall be given to the person employed.

22. Provident Fund and Pension Fund- (1) The University shall, for the benefit of its teachers and employees, create a provident fund or a pension fund or formulate an insurance scheme in such manner and subject to such conditions as may be prescribed by the Statutes. (2) Where a provident fund or a pension fund has been created, the provisions of the provident Funds Act, 1925 (Central Act 19 of 1925) shall apply to such a Fund.

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.

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.

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.

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.

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.

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.

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 prejudice to the validity of anything previously done under the Statutes, ordinance or Regulation.

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.