Bare Acts Live

The Nalanda Open University Act, 1995

Bihar Act 11 of 1995

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(i) "academic year" means a period of twelve months commencing on the first day of June of a year and ending on the 31st day of May of the following year;

(ii) "Academic Council" means the Academic Council of the Nalanda Open University;

(iii) "Chancellor" means the Chancellor of the University;

(iv) "Coordinator/Director" means the head of a study centre;

(v) "Department" means a department of studies of the University recognized as such by the Statutes.

(vi) "Employee" means any person appointed by the University and includes teachers, officers and other staff of the University;

(vii) "Executive Council" means the Executive Council of the University;

(viii) "Government" means the State Government of Bihar.

(ix) "Head of Department" means a teacher of the University responsible for the co-ordination of instruction, training and research in a department;

(x) "Prescribed" means prescribed by this Act or by the Statutes, Ordinance, Regulations or the Rules framed thereunder;

(xi) "Professor" means a teacher of the University possessing such qualifications as prescribed by the Statutes and appointed as such in the manner prescribed.

(xii) "Pro-Vice-Chancellor" means the Pro-Vice-Chancellor of the University;

(xiii) "Reader" means a teacher of the University possessing such qualifications as prescribed by the Statutes and appointed as such in the manner prescribed;

(xiv) "Lecturer" means a teacher of the University possessing such qualifications as prescribed by the Statutes and appointed as such in the manner prescribed:

(xv) "Student" means a person who is enrolled for study in one of the study centres and pursues studies by attending the prescribed correspondence and contract programme;

(xvi) "study centre" means a study centre within the University area where the students enrolled carry on their contract programme;

(xvii) "teacher" includes Professor, Reader, Lecturer and such other persons imparting instructions in any department or in any study centre maintained and managed or recognized by the University;

(xviii) "Teachers of the University" means teachers appointed by the University to give instructions or guide research in the University;

(xix) "University" means the Nalanda Open University as constituted under this Act;

(xx) "University area" means the area to which this Act extends;

(xxi) "University headquarters" means the place where the administrative offices of the University are situated;

(xxii) "University funds" means the funds of the University established under this Act;

(xxiii) "Vice-Chancellor" means the Vice-Chancellor of the University.

(a) to provide educational opportunities to those who are unable to go in for formal education and wish to upgrade their education or acquire knowledge and studies in various fields through the print-medium (correspondence courses), contract programmes, study centres and mass media;

(b) to provide flexibility with regard to eligibility for enrolment, age of entry, choice of courses, methods of learning conduct of examinations and operation of the programmes, complementary to the programmes of the existing Universities in the State in the field of higher learning;

(c) to offer degree and diploma courses and to make provision for research for the advancement and dissemination of knowledge.

(i) to provide for instructions and training through correspondence-cum-contact programme in such branches of learning as it may think fit;

(ii) to make provision for research and for the advancement and dissemination of knowledge;

(iii) to hold examinations and to confer degrees, diplomas and other academic distinctions on persons who have pursued a course of study in the University and its study centres;

(iv) to confer degrees and other academic distinctions on persons who have carried on research under conditions prescribed;

(v) to confer honorary degrees or other academic distinctions on persons under conditions prescribed:

(vi) to institute Professorship, Readerships, Lecturerships, and any other teaching posts required by the University and to appoint persons therefor;

(vii) to create administrative, ministerial and other post required by the University;

(viii) to acquire and hold property, both movable and immovable, to lease, sell or otherwise transfer any movable or immovable property which may have been acquired by it, for the purposes of the University and to contract and do all other things necessary for or incidental to the purposes of the University;

(ix) to institute, take over and maintain study centres;

(x) to erect, equip and maintain laboratories, libraries and museums;

(xi) to inspect the study centres and to take measures to ensure that proper standards of instructions are maintained in them;

(xii) to establish, maintain and manage research departments and study centres;

(xiii) to make special provision for the spread of higher education among educationally backward classes;

(xiv) to make special provision for study centres and institutions for woman students;

(xv) to establish research institutions in any part of the University area;

(xvi) to fix fees and to demand and receive such fees and other charges as maybe prescribed;

(xvii) to co-operate with other Universities, Bodies, educational institutions and authorities in such manner and for such purposes as the University may determine;

(xviii) generally to do all such other acts and things whether incidental to the powers aforesaid or not, as may be necessary or desirable to further the objects of the University as to cultivate and promote humanities, social sciences, fine arts, sciences, professional studies, technology and other branches of learning and to promote the interest of its students;

(xix) to supervise and control the conduct and discipline of the students of the University and to make arrangements for promoting general welfare.

(1) The Chancellor;

(2) The Vice-Chancellor;

(3) The Pro-Vice-Chancellor;

(4) The Registrar;

(5) The Registrar (Examinations);

(6) The Finance Officer;

(7) Such other persons as may be declared by the Statute to be the Officers of the University.

(ii) The Executive Council and the Academic Council shall report to the Chancellor such action, if any, as they have taken or may propose to take upon the results of such inspection or enquiry.

(iii) Where the Executive Council and the Academic Council do not within a reasonable time take action to the satisfaction of the Chancellor, the Chancellor may, after considering any explanation furnished or representation filed by the Executive Council and the Academic Council, issue such direction as he may think fit, and the Executive Council and the Academic Council shall at once comply:

(ii) Where the person appointed as Vice-Chancellor is in receipt of a pension from the Central or the State Government, the pension payable to him shall be treated as part of salary.

(i) has failed to discharge any duty imposed upon him, by or under this Act, the Statutes, the Ordinance, or

(ii) has acted in a manner prejudicial to the interests of the University, or

(iii) has been incapable of managing the affairs of the University.

(a) shall act as Secretary to the Executive Council and the Academic Council;

(b) shall manage the property and the investments of the University;

(c) shall sign all contracts made on behalf of the University;

(d) shall exercise and perform such other powers and duties as may be prescribed by the Statutes, the Ordinances, or the Regulations and the Rules as may from time to time, be framed, conferred and imposed on him by the Executive Council and the Academic Council;

(e) shall generally render such assistance to the Vice-Chancellor as may be desired by him in the performance of his duties.

(1) The Executive Council;

(2) The Academic Council;

(3) The Faculties;

(4) The Examination Board;

(5) The Finance Committee; and

(6) Such other authorities as may be declared to be the authorities of the University by the Statutes.

Ex-officio Members

(1) The Vice-Chancellor,

(2) The Pro-Vice-Chancellor,

(3) The Education Commissioner, Bihar,

(4) The Director, Higher Education, Bihar.

Other Members

(5) Two Vice-Chancellors to be nominated by the Chancellor for a period of one year in the following order of rotation:-

(a) Patna University, Patna

(b) Baba Saheb Bhim Rao Ambedkar, Bihar University, Muzaffarpur.

(c) Tilka Manjhi, Bhagalpur University, Bhagalpur.

(d) Ranchi University, Ranchi.

(e) Magadh University, Body Gaya.

(f) L.N.Mithila University, Darbhanga.

(g) K.S.D.Sanskrit University, Darbhanga.

(h) Sidhu Kanhu University, Dumka.

(i) B.N.Mandal University, Madhepura.

(j) Jai Prakash University, Chapra.

(k) Veer Kunwar Singh University, Arrah.

(l) Sant Vinoba Bhave University, Hazaribagh.

(a) shall hold, control and manage the property and funds (together with endowments, bequests and donations) of the University and other transfers of property made to Study centres for their benefit;

(b) shall regulate the form, provide for the custody and regulate the use of the common seal of the University;

(c) shall, subject to the powers conferred by or under this Act on the Vice-Chancellor and Academic Council, determine and regulate all matters concerning the University in accordance with the Ordinance, the Statutes, and the Regulations;

(d) shall manage funds placed at the disposal of the University for specific purposes;

(e) shall have power to accept transfers on behalf of the University of any movable or immovable property to and for the benefit of the University or a Study centre;

(f) shall make the Statutes and the Ordinances, and shall amend or repeal them;

(g) shall consider the Regulations, and amend or repeal the same;

(h) shall pass resolution after having considered the annual report, the annual account, the budget estimates and audit report on such accounts;

(i) shall exercise the powers for the purpose of control in Study centres and of superintendence which includes recognition and de-recognition of Study centres;

(j) shall institute and confer such degrees, titles, diplomas and other academic distinctions as may be prescribed by the Statutes; and

(k) shall exercise such other powers and perform such other duties as are conferred or imposed on it by the Ordinance or the Statutes.

Ex-officio Members

(1) The Vice-Chancellor;

(2) The Pro-Vice-Chancellor; '

(3) The Deans of Faculties;

(4) The Director, Higher Education, Bihar; and

(5) All Heads of Departments.

Other Members

(6) other than Deans, Professors and Heads of Departments, who shall in the manner scribed by the Statutes, be elected by the teachers of the University in such a manner that each faculty may get representation;

(7) not more than two experts from outside the University service, to be co-opted by the Academic Council for specific purposes according to need:

(a) subject to the powers conferred by or under this Act on the Vice-Chancellor and on the Executive Council, determine and regulate all academic and planning matters concerning the University in accordance with this Act and the Statutes.

(b) have the powers of superintendence and control over and be responsible . for the maintenance of standards of instruction and education through Correspondence Course and contact programme and the promotion of research work in the University;

(c) prepare and finalise plan and programme of development and improvements of the University, its Courses of Study, examination and evaluation including new methods of teaching and for consultation and exchange of information with similar organisations, other Universities and research institutes;

(d) exercise supervision and control over the conduct of teaching in the department and study centres in such manner as may be prescribed by the Statutes;

(e) have powers of general control over the Examination Board, and may review the results of University Examinations; and

(f) exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes.

(a) such number of teachers as may be assigned to each Faculty by the Academic Council keeping in view the qualifications of such teacher members;

(b) such number of members to be co-opted as experts by the Academic Council from amongst persons who are not members of the Academic Council, as may be prescribed by the Statutes :

(ii) Subject to the provisions of this Act each Faculty shall have the following powers:-

(a) to constitute the Boards of courses of study of the departments allotted to it, and

(b) to exercise such powers and perform such duties as may be prescribed by the Statutes.

(ii) The Dean of Faculty shall be responsible to the Vice-Chancellor for the conduct of teaching and research work in that faculty.

(a) The institution of fellowships, scholarships, exhibitions, medals and prizes;

(b) The designations and powers of the officers of the University;

(c) The constitution, powers, functions and duties of the authorities of the Universities;

(d) The recognition of educational institutions and study centres and the withdrawal of recognition;

(e) The institution of departments and their maintenance and management;

(f) The classification of teachers of the University, the manner of their appointment and their recognition;

(g) The constitution of pension, insurance or provident fund for the benefit of the officers, teachers and other employees of the University;

(h) The number, qualification grade, pay, reservation of posts for scheduled castes and scheduled tribes, backward classes, economically backward classes and women and conditions of service of teachers, officers and other employees of the University including the creation of new posts after considering, as the case may be, the recommendations of the Academic Council and the Executive Council in the case of creation of other posts, and the recommendation of the Executive Council in the case of post of officers and employees of the University;

(i) The maintenance of accounts of the income and expenditure of the University including the income and expenditure of study centres and the forms and registers in which such accounts shall be kept;

(j) The maintenance of a register of teachers;

(k) The conferment of honorary degrees and distinctions; and

(l) All other matters which are or may be prescribed by the Act or the Statutes.

(i) create any teaching or non-teaching post involving financial liability;

(ii) sanction any special pay or allowance or other remuneration of any kind including ex-gratia payment or any other-benefit having financial implication to any person holding a teaching or non-teaching post;

(iii) incur expenditure of any kind on development scheme.

(a) The admission of students to the University and their enrolment as such;

(b) The fees to be charged for courses of study in the University and for admission to the examinations, degrees and diplomas of the University;

(c) The constitution, powers and duties of the Committee of the University;

(d) The inspection of study centres by any agency; and

(e) All other matters which by this Act or the Statutes are to be or may be provided for by the Act.

(a) The courses of study to be laid down for all degrees and diplomas of the University;

(b) The condition under which students shall be admitted to the degree or diploma or certificate course and to the examinations of the University and shall be eligible for such degrees and diplomas and certificates;

(c) The formation of departments in the faculties;

(d) The conditions and mode of appointment and duties of paper setters,. and examiners and the conduct of examinations :

(e) The standard of courses to be maintained in the study centres; and

(f) All matters which by this Ordinance, the Statutes or the Act are to be or may be provided for by Regulations.

(ii) Such Regulation shall have effect from the date on which it is approved by the Chancellor after obtaining the advice of the Bihar Inter-University Board, with or without any amendment, or from such other date as the Executive Council may appoint.

(a) Laying down the procedure to be observed at their meetings and the number of members required to form a quorum;

(b) Laying down the procedure to be observed by committees subordinate to any such authorities and the Boards at their meetings and the number of members required to form a quorum :

(c) Providing for all matters which by this Ordinance, the Statutes, the Act or the Regulations are to be prescribed by the Rules; and

(d) Providing for all other matters exclusively concerning such authorities, Committees and Boards and not provided for by this Act, the Statutes, the Ordinances or the Regulations.

(a) All sums contributed or granted to the University from consolidated fund of the State of Bihar by the State Government for the purposes of the University and all sums borrowed by the University for the purpose of carrying out the provisions of this Act and the Statutes, Ordinances, Regulations and Rules made thereunder:

(b) All money received by and on behalf of the study centres and departments established and maintained by the University including all sums paid to the University under any provision of this Act and the Statutes, Ordinances, Regulations and Rules made thereunder;

(c) All interests and profits arising from endowments made to the University and all contributions, donations and subsidies received from any local authority or private person;

(d) All fees payable and levied under this Act and the Statutes, Ordinances and Regulations made thereunder.; and

(e) All other sums received by the University, not included in clauses (a), (b), (c) or (d).

(ii) The Executive Council shall forthwith consider the estimate and the report of the Finance Committee and return the estimate to the department or the study centre for rectification of defects therein, if any.

(a) to the repayment of debts incurred by the University for the purposes of this Act and the Statutes, the Ordinances, the Regulations and the Rules made thereunder;

(b) to the upkeep of departments established by the University;

(c) to the payment of the salaries and advances of officers, teachers and . other employees of the University, and of any Provident Fund contributions or pension or gratuity to any such officers, teachers and other employees;

(d) to the payment of the travelling and other allowances of the members of the Executive Council, the Academic Council and any other authorities of the University or the members of any Committee or Boards appointed in pursuance of any provisions of this Act and the Statutes, the Regulations and the Rules made thereunder;

(e) to the making of grants to the study centres and other institutions;

(f) to the payment of the cost of audit of the University Fund and of the cost of audit of the accounts of any department or study centre;

(g) to the payment of expenses of any suit or proceeding to which the University is a party;

(h) to the. payment of any expense incurred by the University in carrying out the provisions of this Act and the Statutes, the Ordinances, the Regulations and the Rules made thereunder; and

(i) to the payment of any other expense, though not specified in any of the preceding clauses, but declared by the Executive Council to be the expense for the purpose of the University.

(ii) The said Committee shall be known as the University Audit Committee and shall have power, for the purpose of examining the auditor's report to call for explanations from the controlling and disbursing officers and it may-

(a) suggest ways and means to avoid in future any misuse of the University Fund or irregularity in the accounts of the University;

(b) suggest the recovery of any sum on account of any payment contrary to law from a University authority, officer or other employees or from any person making or authorising such payment, or the recovery of the amount of any loss or deficiency from the person responsible therefor or any amount which ought to have been but which is not brought into account from the person failing to account for such amount.

(a) advise the University on any question affecting its finance;

(b) prepare the annual estimate of income and expenditure of the University including the estimates of the departments of the University and of the study centres recognised by it;

(c) subject to Statutes, have power to scrutinise the estimates of the study centres;

(d) subject to Statutes, have power to scrutinise every item of new expenditure not provided for in the Budget estimates of the University;

(e) be responsible for the strict observance of the Statutes relating to the maintenance of accounts of income and expenditure of the University; and

(f) discharge such other functions of financial nature as may from time to time, be prescribed by the Statutes or entrusted to it by the Executive Council.

(a) The experts named in column 2 of the table given below shall assist the Commission in recommending the appointments to the posts concerned;

(b) At least three experts in case of appointment to the post of Professor and at least two experts in case of other posts, named in column 2 of the table shall be present in the said meeting of the Commission in which recommendations are being made.

(i) the working of the University;

(ii) the financial condition of the University, its study centres and other academic institutions;

(iii) any change to be made in the provisions of this Ordinance, the Statutes, the Ordinances and the Regulations with a view to bringing about improvements;

(iv) Such other matters as may be referred to it by the State Government.

(i) of having his services lent to the University and remaining at any time, liable to recall to the service of the Government at the option of the Government concerned; or

(ii) of resigning the service of the Government on entering the service of the University:

(i) the date of retirement of teaching employees and of such non-teaching employees of the University as are in inferior service, shall be the date on which they attain the age of sixty-two years;

(ii) the date of all other employees not included in (i) above, shall be the date on which they attain the age of sixty years;

(iii) if an employee of another University of this State, who under the Act of that University, is to retire on attaining the age of sixty-two years, joins the service of this University, such an employee shall retire on the date on which he attains the age of sixty-two years:

(ii) The University may, in the public interest, require any teaching or non-teaching employee, after giving at least three months prior notice in writing or after paying an amount equivalent to pay and allowances of three months in lieu of such notice to retire from such date on which he completes 32 years of qualifying service or attains 52 years of age, or from such date thereafter as may be specified in the notice.