DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The NIIT University, Neemrana (Alwar) Act, 2010 Act 5 of 2010 Keyword(s): NIIT University, Neemrana, Alwar, AICTE, CSIR, DEC, DST, Fee, Higher Education, ICAR, UGC, Teacher, University, Study Centre, NCTE, Off Campus Centre, Regulating Body, Sponsoring Body
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DISCLAIMER: This document is being furnished to you for your information by PRSLegislative Research (PRS). The contents of this document have been obtained from sourcesPRS believes to be reliable. These contents have not been independently verified, and PRSmakes no representation or warranty as to the accuracy, completeness or correctness. Insome cases the Principal Act and/or Amendment Act may not be available. Principal Actsmay or may not include subsequent amendments. For authoritative text, please contact therelevant state department concerned or refer to the latest government publication or thegazette notification. Any person using this material should take their own professional andlegal advice before acting on any information contained in this document. PRS or any personsconnected with it do not accept any liability arising from the use of this document. PRS or anypersons connected with it shall not be in any way responsible for any loss, damage, or distressto any person on account of any action taken or not taken on the basis of this document.
The NIIT University, Neemrana (Alwar) Act, 2010
Act 5 of 2010
Keyword(s):NIIT University, Neemrana, Alwar, AICTE, CSIR, DEC, DST, Fee, HigherEducation, ICAR, UGC, Teacher, University, Study Centre, NCTE, Off CampusCentre, Regulating Body, Sponsoring Body
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No. F. 2 (11) Vidhi/2/2010.–In pursuance of Clause (3) ofArticle 348 of the Constitution of India, the Governor is pleasedto authorize the publication in the Rajasthan Gazette of thefollowing translation in the English language of the NIITVishwavidhyalaya, Neemrana (Alwar) Adhiniyam, 2010 (2010 KaAdhiniyam Sankhyank 5) :–
(Authorised English Translation)THE NIIT UNIVERSITY, NEEMRANA (ALWAR) ACT, 2010
(Act No. 5 of 2010)[Received the assent of the Governor on the 3rd day of April, 2010]
An
Act
to provide for establishment and incorporation of the NIITUniversity, Neemrana (Alwar) in the State of Rajasthan andmatters connected therewith and incidental thereto.
Whereas, with a view to keep pace with the rapiddevelopment in all spheres of knowledge in the world and thecountry, it is essential to create world level modern research andstudy facilities in the State to provide state of the art educationalfacilities to the youth at their door steps so that they can make outof them human resources compatible to liberalized economic andsocial order of the world;
And whereas, rapid advancement in knowledge and changingrequirements of human resources makes it essential that a resourcefuland quick and responsive system of educational research anddevelopment be created which can work with entrepreneurial zealunder an essential regulatory set up and such a system can be createdby allowing the private institutions engaged in higher educationhaving sufficient resources and experience to establish universitiesand by incorporating such universities with such regulatory provisionsas ensure efficient working of such institutions;
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And whereas, the NIIT Institute of InformationTechnology, New Delhi, a Society registered under the SocietiesRegistration Act, 1860 (Central Act No. 21 of 1860) atRegistration No. S-52976 of 2005 dated 9.6.2005 in the office ofthe Registrar of Societies, Government of NCT of Delhi, Delhi,having its registered office at 8, Balaji Estate, Sudarshan MunjalMarg, Kalkaji, New Delhi is engaged in the field of education forthe last several years and is running many educational institutions;
And whereas, the said NIIT Institute of InformationTechnology, New Delhi has set up educational infrastructures, bothphysical and academic, as specified in Schedule I, at village KathKa Majra, Tehsil Neemrana, Sub-Division Behror, District Alwarin the State of Rajasthan and has agreed to invest the saidinfrastructure in a University for research and studies in thedisciplines specified in Schedule II and has also deposited anamount of rupees one crore to be utilized in establishment of anendowment fund in accordance with the provisions of this Act;
And whereas, the sufficiency of the above infrastructure hasbeen got enquired into by a committee, appointed in this behalf bythe State Government consisting of the Vice-chancellor, Universityof Kota, Kota, Commissioner, College Education, Rajasthan, Jaipur,Director, Vardhman Mahaveer Open University, Regional Centre,Jaipur and Principal, Engineering College, Bikaner;
And whereas, if the aforesaid infrastructure is utilized inincorporation as a University and the said NIIT Institute ofInformation Technology, New Delhi is allowed to run theUniversity, it would contribute in the academic development of thepeople of the State;
Now, therefore, be it enacted by the Rajasthan StateLegislature in the Sixty-first Year of the Republic of India, asfollows:-
1. Short title, extent and commencement.- (1) This Actmay be called the NIIT University, Neemrana (Alwar) Act, 2010.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall be deemed to have come into force on and from13th October, 2009.
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2. Definitions.- In this Act, unless the context otherwiserequires,-
(a) "AICTE" means All India Council of TechnicalEducation established under All India Council ofTechnical Education Act, 1987 (Central Act No. 52 of1987);
(b) "CSIR" means the Council of Scientific and IndustrialResearch, New Delhi- a funding agency of the CentralGovernment;
(c) "DEC" means the Distance Education Councilestablished under section 28 of Indira GandhiNational Open University Act, 1985 (Central Act No.50 of 1985);
(d) "Distance education" means education imparted bycombination of any two or more means ofcommunication, viz. broadcasting, telecasting,correspondence courses, seminars, contactprogrammes and any other such methodology;
(e) "DST" means the Department of Science andTechnology of the Central Government;
(f) "employee" means a person appointed by the Universityto work in the University and includes teachers, officersand other employees of the University;
(g) "fee" means collection made by the University fromthe students by whatever name it may be called,which is not refundable;
(h) "Government" means the State Government ofRajasthan;
(i) "higher education" means study of a curriculum orcourse for the pursuit of knowledge beyond 10+2 level;
(j) "hostel" means a place of residence for the students ofthe University, or its colleges, institutions or centers,maintained or recognized to be as such by theUniversity;
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(k) "ICAR" means the Indian Council of AgricultureResearch, a society registered under the SocietiesRegistration Act, 1860 (Central Act No. 21 of 1860);
(l) "MCI" means Medical Council of India constitutedunder section 3 of the Indian Medical Council Act,1956 (Central Act No. 102 of 1956);
(m) "NAAC" means the National Assessment andAccreditation Council, Bangalore, an autonomousinstitution of the UGC;
(n) "NCTE" means the National Council of TeacherEducation constituted under section 3 of the NationalCouncil of Teacher Education Act, 1993 (Central ActNo. 73 of 1993);
(o) “off campus centre” means a centre of the Universityestablished by it outside the main campus operatedand maintained as its constituent unit, having theUniversity’s complement of facilities, faculty andstaff;
(p) "PCI" means Pharmacy Council of India constitutedunder section 3 of the Pharmacy Act, 1948 (CentralAct No. 8 of 1948);
(q) "prescribed" means prescribed by Statutes madeunder this Act;
(r) "regulating body" means a body established orconstituted by or under any law for the time being inforce laying down norms and conditions for ensuringacademic standards of higher education, such asUGC, AICTE, NCTE, MCI, PCI, NAAC, ICAR,DEC, CSIR etc. and includes the State Government;
(s) "rules" mean the rules made under this Act;
(t) “Schedule” means the Schedule to this Act;
(u) “Sponsoring Body” means the NIIT Institute ofInformation Technology, New Delhi, a Society
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registered under the Societies Registration Act, 1860(Central Act No. 21 of 1860) at Registration No. S-52976 of 2005 dated 9.6.2005 in the office of theRegistrar of Societies, Government of NCT of Delhi,Delhi;
(v) "Statutes", "Ordinances" and "Regulations" meanrespectively, the Statutes, Ordinances and Regulationsof the University made under this Act;
(w) "student of the University" means a person enrolled inthe University for taking a course of study for adegree, diploma or other academic distinction dulyinstituted by the University, including a researchdegree;
(x) "study centre" means a centre established andmaintained or recognized by the University for thepurpose of advising, counselling or for rendering anyother assistance required by the students in thecontext of distance education;
(y) "teacher" means a Professor, Associate Professor,Assistant Professor or any other person required toimpart education or to guide research or to renderguidance in any other form to the students forpursuing a course of study of the University;
(z) "UGC" means the University Grants Commission,established under section 4 of the University GrantsCommission Act, 1956 (Central Act No. 3 of 1956);and
(za) "University" means the NIIT University, Neemrana(Alwar).
3. Incorporation.- (1) The first Chairperson and the firstPresident of the University and the first members of the Board ofManagement and the Academic Council and all persons whomay hereafter become such officers or members, so long as theycontinue to hold such office or membership, are hereby
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constituted a body corporate by the name of the NIIT University,Neemrana (Alwar).
(2) The movable and immovable property specified in theSchedule I shall be vested in the University and the SponsoringBody shall, immediately after commencement of this Act, takesteps for such vesting.
(3) The University shall have perpetual succession and acommon seal and shall sue and be sued by the said name.
(4) The University shall situate and have its headquarters atVillage Kath Ka Majra, Tehsil Neemrana, Sub-Division Behror,District Alwar (Rajasthan).
4. The objects of the University.- The objects of theUniversity shall be to undertake research and studies in thedisciplines specified in Schedule II and such other disciplines asthe University may with the prior approval of the StateGovernment, determine from time to time and to achieveexcellence and impart and disseminate knowledge in the saiddisciplines.
5. Powers and functions of the University.- TheUniversity shall have the following powers and functions, namely:-
(a) to provide for instruction in the disciplines specified inSchedule II and to make provisions for research and forthe advancement and dissemination of knowledge;
(b) to grant, subject to such conditions as the University maydetermine, diplomas or certificate, and confer degrees orother academic distinctions on the basis of examinations,evaluation or any other method of testing on persons, andto withdraw any such diplomas, certificates, degrees orother academic distinctions for good and sufficient cause;
(c) to organize and to undertake extra-mural studies andextension service;
(d) to confer honorary degrees or other distinctions in themanner prescribed;
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(e) to provide instruction, including correspondence and suchother courses, as it may determine;
(f) to institute Professorships, Associate Professorships,Assistant Professorships and other teaching or academicposts required by the University and to make appointmentthereto;
(g) to create administrative, ministerial and other posts and tomake appointments thereto;
(h) to appoint persons working in any other university ororganization having specific knowledge permanently orfor a specified period;
(i) to co-operate, collaborate or associate with any otheruniversity or authority or institution in such manner andfor such purpose as the University may determine;
(j) to establish study centers and maintain schools,institutions and such centers, specialized laboratories orother units for research and instructions as are in theopinion of the University, necessary for the furtheranceof its object;
(k) to institute and award fellowships, scholarships,studentships, medals and prizes;
(l) to establish and maintain hostels for students of theUniversity;
(m) to make provisions for research and consultancy, and forthat purpose to enter into such arrangements with otherinstitutions or bodies as the University may deemnecessary;
(n) to determine standards for admission into the University,which may include examination, evaluation or any othermethod of testing;
(o) to demand and receive payment of fees and othercharges;
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(p) to supervise the residences of the students of theUniversity and to make arrangements for the promotionof their health and general welfare;
(q) to make special arrangements in respect of womenstudents as the University may consider desirable;
(r) to regulate and enforce discipline among the employeesand students of the University and take such disciplinarymeasures in this regard as may be deemed necessary bythe University;
(s) to make arrangements for promoting the health andgeneral welfare of the employees of the University;
(t) to receive donations and acquire, hold, manage anddispose of any movable or immovable property;
(u) to borrow money with the approval of the SponsoringBody for the purposes of the University;
(v) to mortgage or hypothecate the property of the Universitywith the approval of the Sponsoring Body;
(w) to establish examination centers;
(x) to ensure that the standard of degrees, diplomas,certificates and other academic distinctions are not lowerthan those laid down by AICTE, NCTE, UGC, MCI, PCIand other similar bodies established by or under any lawfor the time being in force for the regulation of education;
(y) to set up off campus centre within or without the State,subject to the provisions of any other law for the timebeing in force; and
(z) to do all such other acts and things as may be necessary,incidental or conducive to the attainment of all or any ofthe objects of the University.
6. University to be self-financed.- The University shall beself-financed and shall not be entitled to receive any grant or otherfinancial assistance from the State Government.
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7. No power of affiliation.- The University shall have nopower to affiliate or otherwise admit to its privileges any otherinstitution.
8. Endowment Fund.- (1) There shall be established anEndowment Fund, as soon as may be after coming into force ofthis Act with an amount of rupees one crore which has beendeposited by the Sponsoring Body with the State Government.
(2) The Endowment Fund shall be used as security depositto ensure that the University complies with the provisions of thisAct and functions as per provisions of this Act, Statutes andOrdinances. The State Government shall have the powers to forfeitin the prescribed manner, a part or whole of the Endowment Fundin case the University or the Sponsoring Body contravenes any ofthe provisions of this Act or Statutes, Ordinances, Regulations orrules made thereunder.
(3) Income from the Endowment Fund may be utilised fordevelopment of infrastructure of the University but shall not beutilised to meet out the recurring expenditure of the University.
(4) The amount of the Endowment Fund shall be investedand kept invested until the dissolution of the University in longterm securities issued or guaranteed by the State Government ordeposited and kept deposited until the dissolution of the Universityin the interest bearing Personal Deposit Account of the SponsoringBody in the Government Treasury.
(5) In case of investment in long term security, thecertificates of the securities shall be kept in the safe custody of theState Government and in case of deposit in the interest bearingPersonal Deposit Account in Government Treasury, the depositshall be made with the condition that the amount shall not bewithdrawn without the permission of the State Government.
9. General Fund.- The University shall establish a fund,which shall be called the General Fund to which following shall becredited, namely:-
(a) fees and other charges received by the University;
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(b) any contributions made by the Sponsoring Body;
(c) any income received from consultancy and otherwork undertaken by the University in pursuance of itsobjectives;
(d) trusts, bequests, donations, endowments and anyother grants; and
(e) all other sums received by the University.
10. Application of General Fund.-The General Fund shallbe utilized for meeting all expenses, recurring or non-recurring inconnection with the affairs of the University:
Provided that no expenditure shall be incurred by theUniversity in excess of the limits for total recurring expenditureand total non-recurring expenditure for the year, as may be fixedby the Board of Management, without the prior approval of theBoard of Management.
11. Officers of the University.-The following shall be theofficers of the University, namely:-
(i) the Chairperson;
(ii) the President;
(iii) the Pro-President;
(iv) the Provost;
(v) the Proctor;
(vi) the Deans of Faculties;
(vii) the Registrar;
(viii) the Chief Finance and Accounts Officer; and
(ix) such other officers as may be declared by theStatutes to be the officers of the University.
12. The Chairperson.-(1) The Chairperson shall beappointed by the Sponsoring Body with the consent of the StateGovernment for a period of five years from the date on which heenters upon his office and shall not be eligible for re-appointment:
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Provided that a Chairperson shall notwithstanding theexpiration of his term continue to hold office until his successorenters upon the office.
(2) Any vacancy in the office of Chairperson shall be filledwithin six months from the date of such vacancy.
(3) The Chairperson shall, by virtue of his office, be thehead of the University.
(4) The Chairperson shall, if present, preside at themeetings of the Board of Management and at the convocation ofthe University for conferring degrees, diplomas or other academicdistinctions.
(5) The Chairperson shall have the following powers,namely:-
(a) to call for any information or record inconnection with the affairs of the University;
(b) to appoint the President;(c) to remove the President in accordance with the
provisions of sub-section (8) of section 13;and
(d) such other powers as may be prescribed by theStatutes.
13. The President.- (1) The President shall be appointedby the Chairperson from a panel of three persons recommended bythe Board of Management and shall, subject to the provisionscontained in sub-section (8), hold office for a term of three years:
Provided that, after expiry of the term of three years, aperson shall be eligible for re-appointment for another term ofthree years:
Provided further that a President shall notwithstanding theexpiration of his term continue to hold office until his successorenters upon the office.
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(2) Any vacancy in the office of President shall be filledwithin six months from the date of such vacancy.
(3) The President shall be the principal executive andacademic officer of the University and shall exercise generalsuperintendence and control over the affairs of the University andshall execute the decisions of the authorities of the University.
(4) The President shall preside at the convocation of theUniversity in the absence of the Chairperson.
(5) If in the opinion of the President it is necessary to takeimmediate action on any matter for which powers are conferred onany other authority by or under this Act, he may take such actionas he deems necessary and shall at the earliest opportunitythereafter report his action to such officer or authority as wouldhave in the ordinary course dealt with the matter:
Provided that if in the opinion of the concerned officer orauthority such action should not have been taken by the Presidentthen such case shall be referred to the Chairperson, whose decisionthereon shall be final:
Provided further that where any such action taken by thePresident affects any person in the service of the University, suchperson shall be entitled to prefer, within three months from the dateon which such action is communicated to him, an appeal to theBoard of Management and the Board of Management may confirmor modify or reverse the action taken by the President.
(6) If, in the opinion of the President, any decision of anyauthority of the University is outside the powers conferred by thisAct or Statutes, Ordinances, Regulations or rules made thereunderor is likely to be prejudicial to the interests of the University, heshall direct the concerned authority to revise its decision withinfifteen days from the date of its decision and in case the authorityrefuses or fails to revise such decision, then such matter shall bereferred to the Chairperson and his decision thereon shall be final.
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(7) The President shall exercise such other powers andperform such other duties as may be prescribed by the Statutes orthe Ordinances.
(8) If the Chairperson is satisfied, on an enquiry made orcaused to be made on a representation made to him or otherwise,that the continuance of President in his office is prejudicial to theinterest of the University or the situation so warrants, he may, byan order in writing and stating the reasons therein for doing so, askthe President to relinquish his office from such date as may bespecified in the order:
Provided that before taking an action under this sub-section, the President shall be given an opportunity of being heard.
14. The Pro-President.- (1) The Pro-President shall beappointed by the Chairperson in consultation with the President.
(2) The Pro-President shall hold office for a period of threeyears and shall be eligible for re-appointment for a second term.
(3) The conditions of service of the Pro-President shall besuch as may be prescribed by the Statutes.
(4) If the Chairperson is satisfied, on an enquiry made orcaused to be made on a representation made to him or otherwise,that the continuance of the Pro-President in his office is prejudicialto the interest of the University or the situation so warrants, hemay, by an order in writing and stating the reasons therein fordoing so, ask the Pro-President to relinquish his office from suchdate as may be specified in the order:
Provided that before taking an action under this sub-section, the Pro-President shall be given an opportunity of beingheard.
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(5) The Pro-President shall assist the President in suchmatters as are assigned to him by the President from time to timeand shall exercise such powers and perform such functions as maybe delegated to him by the President.
15. The Provost.- (1) The Provost shall be appointed bythe President for such period and in such manner as may beprescribed by the Statutes.
(2) The Provost shall ensure discipline in the Universityand shall keep the various unions of the teachers and employeesadvised of the various policies and practices in the University.
(3) The Provost shall exercise such other powers andperform such other duties as may be prescribed by the Statutes.
16. The Proctor.- (1) The Proctor shall be appointed by thePresident for such period and in such manner as may be prescribedby the Statutes.
(2) The Proctor shall be responsible for the maintenance ofdiscipline among the students and keep the various students' unionsadvised of the various policies and practices in the University.
(3) The Proctor shall exercise such other powers andperform such other duties as may be prescribed by the Statutes.
17. The Dean of Faculty.- (1) There shall be a Dean ofeach Faculty who shall be appointed by the President for a periodof three years in such manner as may be prescribed by the Statutes.
(2) The Dean shall convene meetings of the faculty, as andwhen required, in consultation with the President and shall presideover the same. He shall formulate the policies and developmentprogramme of the faculty and present the same to the appropriateauthorities for their consideration.
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(3) The Dean of Faculty shall exercise such other powersand perform such other duties as may be prescribed by the Statutes.
18. The Registrar.- (1) The Registrar shall be appointed bythe Chairperson, in such manner as may be prescribed by theStatutes.
(2) All contracts shall be signed and all documents andrecords shall be authenticated by the Registrar on behalf of theUniversity.
(3) The Registrar shall be the Member Secretary of theBoard of Management and Academic Council but he shall not havea right to vote.
(4) The Registrar shall exercise such other powers andperform such other duties as may be prescribed by the Statutes.
19. The Chief Finance and Accounts Officer.- (1) TheChief Finance and Accounts Officer shall be appointed by thePresident in such manner as may be prescribed by the Statutes.
(2) The Chief Finance and Accounts Officer shall exercisesuch powers and perform such duties as may be prescribed by theStatutes.
20. Other officers.- (1) The University may appoint suchother officers as may be necessary for its functioning.
(2) The manner of appointment and powers and functionsof such officers shall be such as may be prescribed by the Statutes.
21. Authorities of the University.-The following shall bethe authorities of the University, namely:-
(i) the Board of Management;(ii) the Academic Council;(iii) the Faculties; and(iv) such other authorities as may be declared by the
Statutes to be the authorities of the University.
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22. The Board of Management.-(1) The Board ofManagement of the University shall consist of the following,namely:-
(a) the Chairperson;(b) the President;(c) five persons nominated by the Sponsoring Body out
of whom two shall be eminent educationists;(d) one expert of management or information technology
from outside the University, nominated by theChairperson;
(e) one expert of finance, nominated by the Chairperson;(f) Commissioner, College Education or his nominee not
below the rank of Deputy Secretary; and(g) two teachers, nominated by the President.
(2) The Board of Management shall be the principalexecutive body of the University. All the movable and immovableproperty of the University shall vest in the Board of Management.It shall have the following powers, namely:-
(a) to provide general superintendence and directions andto control the functioning of the University by using allsuch powers as are provided by this Act or the Statutes,Ordinances, Regulations or rules made thereunder;
(b) to review the decisions of other authorities of theUniversity in case they are not in conformity with theprovisions of this Act or the Statutes, Ordinances,Regulations or rules made thereunder;
(c) to approve the budget and annual report of theUniversity;
(d) to lay down the policies to be followed by theUniversity;
(e) to recommend to the Sponsoring Body about thevoluntary liquidation of the University if a situationarises when smooth functioning of the University doesnot remain possible, in spite of all efforts; and
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(f) such other powers as may be prescribed by the Statutes.
(3) The Board of Management shall meet at least threetimes in a calendar year.
(4) The quorum for meetings of the Board of Managementshall be five.
23. The Academic Council.- (1) The Academic Councilshall consist of the President and such other members as may beprescribed by the Statutes.
(2) The President shall be the Chairperson of the AcademicCouncil.
(3) The Academic Council shall be the principal academicbody of the University and shall, subject to the provisions of thisAct and the rules, Regulations, Statutes or Ordinances, madethereunder, co-ordinate and exercise general supervision over theacademic policies of the University.
(4) The quorum for meetings of the Academic Councilshall be such as may be prescribed by the Statutes.
24. Other authorities.- The composition, constitution,powers and functions of other authorities of the University shall besuch as may be prescribed by the Statutes.
25. Disqualification for membership of an authority.- Aperson shall be disqualified for being a member of any of theauthorities of the University, if he-
(a) is of unsound mind and stands so declared by acompetent court;
(b) is an undischarged insolvent;
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(c) has been convicted of any offence involving moralturpitude;
(d) is conducting or engaging himself in private coachingclasses; or
(e) has been punished for indulging in or promotingunfair practice in the conduct of any examination, inany form, anywhere.
26. Vacancies not to invalidate the proceedings of anyauthority of the University.- No act or proceeding of anyauthority of the University shall be invalid merely by reason of anyvacancy or defect in the constitution thereof.
27. Filling up of emergent vacancies.- Any vacanciesoccurred in the membership of authorities of the University due todeath, resignation or removal of a member or due to change ofcapacity in which he was appointed or nominated, shall be filled upas early as possible by the person or the body who had appointedor nominated such a member:
Provided that the person appointed or nominated as amember of an authority of the University on an emergent vacancy,shall remain member of such authority for only the remainingperiod of the member, in whose place he is appointed ornominated.
28. Committee.- The authorities or officers of theUniversity may constitute such committees with such terms ofreference as may be necessary for specific tasks to be performedby such committees. The constitution of such committees and theirduties shall be such as may be prescribed by the Statutes.
29. The Statutes.- (1) Subject to the provisions of this Act,the Statutes of the University may provide for all or any of thefollowing matters, namely:-
(a) the constitution, powers and functions of the authoritiesof the University as may be constituted from time totime;
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(b) the terms and conditions of appointment of thePresident and his powers and functions;
(c) the manner and terms and conditions of appointment ofthe Registrar and Chief Finance and Accounts Officerand their powers and functions;
(d) the manner in which and the period for which theProvost and the Proctor shall be appointed and theirpowers and functions;
(e) the manner in which the Dean of Faculty shall beappointed and his powers and functions;
(f) the manner and terms and conditions of appointment ofother officers and teachers and their powers andfunctions;
(g) the terms and conditions of service of employees of theUniversity and their functions;
(h) the procedure for arbitration in case of disputes betweenofficers, teachers, employees and students;
(i) the conferment of honorary degrees;(j) the provisions regarding exemption of students from
payment of tuition fee and for awarding to themscholarships and fellowships;
(k) provisions regarding the policy of admissions, includingregulation of reservation of seats;
(l) provisions regarding fees to be charged from students;(m) provisions regarding number of seats in different
courses;(n) creation of new authorities of the University;(o) accounting policy and financial procedure;(p) creation of new departments and abolition or
restructuring of existing departments;(q) institution of medals and prizes;(r) creation of posts and procedure for abolition of posts;(s) revision of fees;(t) alteration of the number of seats in different syllabi; and
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(u) all other matters which under the provisions of this Actare required to be, or may be, prescribed by theStatutes.
(2) The Statutes of the University shall be made by theBoard of Management and shall be submitted to the StateGovernment for its approval.
(3) The State Government shall consider the Statutes,submitted by the University and shall give its approval thereonwithin two months from the date of its receipt with suchmodifications, if any, as it may deem necessary.
(4) The University shall communicate its agreement to theStatutes as approved by the State Government, and if it desires notto give effect to any or all of the modifications made by the StateGovernment under sub-section (3), it may give reasons thereforand after considering such reason, the State Government may ormay not accept the suggestions made by the University.
(5) The State Government shall publish the Statutes, asfinally approved by it, in the Official Gazette, and thereafter, theStatutes shall come into force from the date of such publication.
30. The Ordinances.- (1) Subject to the provisions of thisAct or Statutes made thereunder, the Ordinances may provide forall or any of the following matters, namely:-
(a) the admission of students to the University and theirenrolment as such;
(b) the courses of study to be laid down for the degrees,diplomas and certificates of the University;
(c) the award of the degrees, diplomas, certificates andother academic distinctions, the minimum qualificationsfor the same and the measures to be taken relating tothe granting and obtaining of the same;
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(d) the conditions for award of fellowships, scholarships,stipends, medals and prizes;
(e) the conduct of examinations, including the terms ofoffice and manner of appointment and the duties ofexamining bodies, examiners and moderators;
(f) fees to be charged for the courses, examinations,degrees and diplomas of the University;
(g) the conditions of residence of the students of theUniversity;
(h) provision regarding disciplinary action against thestudents;
(i) the creation, composition and functions of any otherbody which is considered necessary for improving theacademic life of the University;
(j) the manner of co-operation and collaboration with otherUniversities and institutions of higher education; and
(k) all other matters which by this Act or Statutes madethereunder are required to be provided by theOrdinances.
(2) The Ordinances of the University shall be made by theAcademic Council which after being approved by the Board ofManagement, shall be submitted to the State Government for itsapproval.
(3) The State Government shall consider the Ordinancessubmitted under sub-section (2) within two months from the dateof their receipt and shall either approve them or give suggestionsfor modifications therein.
(4) The Academic Council shall either modify theOrdinances incorporating the suggestion of the State Governmentor give reasons for not incorporating any of the suggestions madeby the State Government and shall return the Ordinances alongwithsuch reasons, if any, to the State Government and on receipt of thesame, the State Government shall consider the comments of the
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Academic Council and shall approve the Ordinances of theUniversity with or without such modifications.
31. Regulations.- The authorities of the University may,subject to the prior approval of the Board of Management, makeregulations, consistent with this Act and the rules, Statutes and theOrdinances made thereunder, for the conduct of their own businessand that of the committees appointed by them.
32. Admissions.- (1) Admission in the University shall bemade strictly on the basis of merit.
(2) Merit for admission in the University may bedetermined either on the basis of marks or grade obtained in thequalifying examination and achievements in co-curricular andextra-curricular activities or on the basis of marks or gradeobtained in the entrance test conducted at the State level either byan association of the universities conducting similar courses or byany agency of the State:
Provided that admission in professional and technicalcourses shall be made only through entrance test.
(3) Reservation in admission to the University forscheduled castes, scheduled tribes and other backward classes,women and handicapped persons shall be provided as per thepolicy of the State Government.
33. Fee structure.- (1) The University may, from time totime, prepare its fees structure and sent it for approval of thecommittee constituted for the purpose.
(2) The committee shall consider the fees structureprepared by the University and if it is satisfied that the proposedfees is-
(a) sufficient for :-(i) generating resources for meeting the recurring
expenditure of the University; and
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(ii) the savings required for the further developmentof the University; and
(b) not unreasonably excessive, it may approve the feesstructure.
(3) The fees structure approved by the committee undersub-section (2) shall remain in force for three years and theUniversity shall be entitled to charge fees in accordance with suchfees structure.
(4) The University shall not charge any fees, by whatevername called, other than that for which it is entitled under sub-section (3).
34. Examinations. - At the beginning of each academicsession and in any case not later than 30th of August of everycalendar year, the University shall prepare and publish a scheduleof examinations for each and every course conducted by it andshall strictly adhere to the schedule.
Explanation.- "Schedule of Examination" means a tablegiving details about the time, day and date of the commencementof each paper which is a part of a scheme of examinations andshall also include the details about the practical examinations:
Provided that if, for any reason whatsoever, the Universityhas been unable to follow this schedule, it shall, as soon aspracticable, submit a report to the State Government incorporatingthe reasons for making a departure from the published schedule.The Government may, thereon, issue such directions as it maydeem fit for the compliance of the schedule.
35. Declaration of results.- (1) The University shall striveto declare the results of every examination conducted by it withinthirty days from the last date of the examination for that particularcourse and shall in any case declare the results latest within forty-five days from such date:
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Provided that if, for any reason whatsoever, the Universityis unable to finally declare the results of any examination withinthe aforesaid period of forty-five days, it shall submit a reportincorporating the reasons for such delay to the State Government.The State Government may, thereon, issue such directions as itmay deem fit.
(2) No examination or the results of an examination shallbe held invalid only for the reasons that the University has notfollowed the time schedule as stipulated in section 34 or, as thecase may be, in section 35.
36. Convocation.- The convocation of the University shallbe held in every academic year in the manner as may be prescribedby the Statutes for conferring degrees, diplomas or for any otherpurpose.
37. Accreditation of the University.- The University shallobtain accreditation from the NAAC, as per the norms of theNAAC and inform the State Government and such other regulatingbodies which are connected with the courses taken up by theUniversity about the grade provided by the NAAC to theUniversity. The University shall get renewed such accreditationfrom time to time as per the norms of the NAAC.
38. University to follow rules, regulations, norms, etc. ofthe regulating bodies.- Notwithstanding anything contained inthis Act, the University shall be bound to comply with all the rules,regulations, norms, etc. of the regulating bodies and provide allsuch facilities and assistance to such bodies as are required bythem to discharge their duties and carry out their functions.
39. Annual report.- (1) The annual report of theUniversity shall be prepared by the Board of Management whichshall include among other matters, the steps taken by theUniversity towards the fulfilment of its objects and copy of thesame shall be submitted to the Sponsoring Body.
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(2) Copies of the annual report prepared under sub-section(1) shall also be presented to the State Government.
40. Annual accounts and audit.- (1) The annual accountsincluding balance sheet of the University shall be prepared underthe directions of the Board of Management and the annualaccounts shall be audited at least once in every year by the auditorsappointed by the University for this purpose.
(2) A copy of the annual accounts together with the auditreport shall be submitted to the Board of Management.
(3) A copy of the annual accounts and audit reportalongwith the observations of the Board of Management shall besubmitted to the Sponsoring Body.
(4) Copies of annual accounts and balance sheet preparedunder sub-section (1) shall also be presented to the StateGovernment. The advice of the State Government, if any, arisingout of the accounts and audit report of the University shall beplaced before the Board of Management. The Board ofManagement shall issue such directions, as it may deem fit andcompliance shall be reported to the State Government.
41. Powers of the State Government to inspect theUniversity.- (1) For the purpose of ascertaining the standards ofteaching, examination and research or any other matter relating tothe University, the State Government may cause an inspection, tobe made in such manner as may be prescribed, by such person orpersons as it may deem fit.
(2) The State Government shall communicate to theUniversity its recommendations in regard to the result of suchinspection for corrective action. The University shall adopt suchcorrective measures and make efforts so as to ensure thecompliance of the recommendations.
(3) If the University has failed to comply with therecommendations made under sub-section (2) within a reasonabletime, the State Government may give such directions as it maydeem fit for such compliance.
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42. Powers of the State Government to call forinformation.- (1) The State Government may call for informationfrom the University relating to its working, functions,achievements, standard of teaching, examination and research orany other matters as it may consider necessary to judge theefficiency of the University in such form and within such time asmay be prescribed by rules.
(2) The University shall be bound to furnish theinformation as required by the State Government under sub-section(1) within the prescribed time.
43. Dissolution of the University by the SponsoringBody.- (1) The Sponsoring Body may dissolve the University bygiving a notice to the effect in the prescribed manner to the StateGovernment and the employees and the students of University atleast one year in advance:
Provided that dissolution of the University shall have effectonly after the approval of the State Government and the lastbatches of students of the regular courses have completed theircourses and they have been awarded degrees, diplomas or awards,as the case may be.
(2) On the dissolution of the University all the assets andliabilities of the University shall vest in the Sponsoring Body.
44. Special powers of the State Government in certaincircumstances.- (1) If it appears to the State Government that theUniversity has contravened any of the provisions of this Act or therules, Statutes or Ordinances made thereunder or has violated anyof the directions issued by it under this Act or has ceased tocarryout any undertakings given by it to the State Government or asituation of financial mismanagement or mal-administration hasarisen in the University, it shall issue notice requiring theUniversity to show cause within forty-five days as to why an orderof its liquidation should not be made.
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(2) If the State Government, on receipt of reply of theUniversity on the notice issued under sub-section (1), is satisfiedthat there is a prima facie case of contravening any of theprovisions of this Act or the rules, Statutes or Ordinances madethereunder or of violating directions issued by it under this Act orof ceasing to carry out the undertakings given by it or of financialmismanagement or maladministration, it shall make an order ofsuch enquiry as it may consider necessary.
(3) The State Government shall, for the purposes of anyenquiry under sub-section (2), appoint an inquiry officer or officersto inquire into any of the allegations and to make report thereon.
(4) The inquiry officer or officers appointed under sub-section (3) shall have the same powers as are vested in a civil courtunder the Code of Civil Procedure, 1908 (Central Act No. 5 of1908) while trying a suit in respect of the following matters,namely:-
(a) summoning and enforcing the attendance of any personand examining him on oath;
(b) requiring the discovery and production of any suchdocument or any other material as may be predicable inevidence; and
(c) requisitioning any public record from any court oroffice.
(5) The inquiry officer or officers inquiring under this Actshall be deemed to be a civil court for the purposes of section 195and Chapter 26 of the Code of Criminal Procedure, 1973 (CentralAct No. 2 of 1974).
(6) On receipt of the enquiry report from the officer orofficers appointed under sub-section (3), if the State Government issatisfied that the University has contravened any of the provisionsof this Act or the rules, Statutes or Ordinances made thereunder orhas violated any of the directions issued by it under this Act or hasceased to carry out the undertakings given by it or a situation of
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financial mismanagement and maladministration has arisen in theUniversity which threatens the academic standard of theUniversity, it shall make orders for liquidation of the Universityand appoint an administrator and thereupon the authorities andofficers of the University shall be subject to the order and directionof the administrator.
(7) The administrator appointed under sub-section (6) shallhave all the powers and be subject to all the duties of the Board ofManagement under this Act and shall administer the affairs of theUniversity until the last batch of the students of the regular courseshave completed their courses and they have been awarded degrees,diplomas or awards as the case may be.
(8) After having been awarded the degrees, diplomas orawards, as the case may be, to the last batches of the students ofthe regular courses, the administrator shall make a report to theeffect to the State Government.
(9) On receipt of the report under sub-section (8), the StateGovernment shall, by a notification in the Official Gazette, issuean order dissolving the University and from the date of publicationof such notification the University shall stand dissolved and all theassets and liabilities of the University shall vest in the SponsoringBody from such date.
45. Power to make rules.- (1) The State Governmentmay, by notification in the Official Gazette, make rules to carry outthe purposes of this Act.
(2) All rules made under this Act shall be laid, as soon asmay be, after they are so made, before the House of the StateLegislature, while it is in session, for a period of not less thanfourteen days which may be comprised in one session or in twosuccessive sessions and if before the expiry of the session in whichthey are so laid or of the session immediately following, the Houseof the State Legislature makes any modification in any such rulesor resolves that any such rules should not be made, such rules shall
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thereafter have effect only in such modified form or be of noeffect, as the case may be, so however, that any such modificationor annulment shall be without prejudice to the validity of anythingpreviously done thereunder.
46. Power to remove difficulties.- (1) If any difficultyarises in giving effect to the provisions of this Act, the StateGovernment may, by order published in the Official Gazette, makeprovisions, not inconsistent with the provisions of this Act, asappear to it to be necessary or expedient for removing thedifficulty:
Provided that no order under this section shall be madeafter the expiry of a period of two years from the date ofcommencement of this Act.
(2) Every order made under this section shall, as soon asmay be after it is made, shall be laid before the House of the StateLegislature.
47. The Act to have overriding effect.- The provisions ofthis Act and the rules, Statutes, Ordinances made thereunder shallhave effect notwithstanding anything to the contrary contained inany other law, for the time being in force, relating to the matters inrespect of which the State Legislature has exclusive power to makelaws.
48. Repeal and savings.- (1) The NIIT University,Neemrana (Alwar) Ordinance, 2009 (Ordinance No. 4 of 2009) ishereby repealed.
(2) Notwithstanding such repeal, all things done, actionstaken or orders made under the said Ordinance shall be deemed tohave been done, taken or made under this Act.
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SCHEDULE – I
Infrastructure
1. Land:75 Acres of land comprising in Khasra Nos. 348(37,126 Sq. Mtrs.) and 387/798 (266,387 Sq. Mtrs.)of the Village Kath Ka Majra, Tehsil Neemrana,Sub-Division Behror, District Alwar (Rajasthan).
2. Building:(i) Administrative Block:
(a) Number and Category of Units : 31
Category of Units No. ofUnits
President’s Office 1Private Secretary to President 1Office of Registrar 1Office of Deputy Registrar 4Office of Assistant Registrar 10Office of Chief Administrative Officer 1Office of Finance Officer 1Office of Accounts 1General Administration Office 1Library Office 1Pantry 1Meeting Rooms 6Cafeteria 2
(b) Measurement of the total covered area: 1,060 Sq.Mtrs.
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(ii) Academic Block:(a) Number and Category of Units: 155
Category of Units No. of UnitsClass rooms 42
Laboratories 20
Audio Visual Production unit 1
Machine Room 1
Library 1
Teacher Cabins 80
Research Scholars Space 3
Deans Offices 6
Senate Room 1
Total 155
(b)Measurement of total covered area: 12,710 Sq. Mtrs.
Measurement of total covered area: 13,770 Sq. Mtrs.(iii) Residential Block:
Students Residence:Number and Category of Units: 491
Category of Units No. of UnitsSingle rooms for boys 360
Single rooms for girls 72
Studio apartments forResearch Scholars
12
Studio apartments forWardens
2
Common rooms 24
Study rooms 12
Reception 2
Central Kitchen 1
Central Dining Hall 2
Warden’s office 2
Mess Manager’s Office 2
Total 491
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3. Faculties:Mentor Professors - 2 ( 1 in Computer Science
and 1 in EducationalTechnology)
Professors - 3 (1 in Applied Science, 1 inBiotechnology and 1 inMathematics)
Associate Professor - 1 (Computer Science)Assistant Professors - 4 (1 in Computer
Science Education, 2 inEducation Technology,and 1 in Psychology)
4. Academic Facilities:(i) Library:S.No. Branch No. of Titles No. of Books