(1) This Act may be called the Indian Maritime University Act, 2008.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
Section 2. Definitions
In this Act, and in all Statutes made hereunder, unless the context otherwise requires,--
(a) "Academic Council" means the Academic Council of the University;
(b) "academic staff" means such categories of staff as are designated as academic staff by the Ordinances;
(c) "Board of Affiliation and Recognition" means Board of Affiliation and Recognition of the University;
(d) "Board of Studies" means the Board of Studies of the University;
(e) "Campus" means the unit established or constituted by the University for making arrangements for instruction, research, education and training;
(f) "Certificate of Competency" means a certificate issued by the competent authority under the Merchant Shipping Act, 1958(44 of 1958);
(g) "Chancellor", "Vice-Chancellor" and "Pro-Vice-Chancellor" mean, respectively, the Chancellor, Vice-Chancellor and Pro-Vice-Chancellor of the University;
(h) "College" means a college maintained by or admitted to the privileges of the University for imparting education and training in maritime studies or in its associated disciplines;
(i) "Court" means the Court of the University;
(j) "Department" means a Department of Studies; and includes a Centre of Studies;
(k) "Director-General" means the Director-General of Shipping appointed by the Government of India under section 7 of the Merchant Shipping Act, 1958(44 of 1958);
(l) "Distance Education System" means the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes, e-learning or the combination of any two or more such means;
(m) "Employee" means any person appointed by the University and includes teachers and other staff including deputationists of the University;
(n) "Executive Council" means the Executive Council of the University;
(o) "Finance Committee" means the Finance Committee of the University;
(p) "Governing Body" in relation to a college or an institution, means the Governing Body or any other body, by whatever name called, charged with the management of the affairs of such college or institution, as the case may be, and recognised as such by the University;
(q) "Hall" means a unit of residence for the students of the University, or of a College or an Institution, maintained by the University;
(r) "Institution" means an institution, school, college or centre of studies maintained by or admitted to the privileges of the University for imparting education and training in maritime studies or in its associated disciplines;
(s) "Notification" means a notification published in the Official Gazette;
(t) "Off-shore Campus" means an institution, college, centre, school or campus of the University, that could be established outside the country;
(u) "Planning Board" means the Planning Board of the University;
(v) "Principal" means the head of a college or an institution;
(w) "Recognised Institution" means an institution admitted to the privileges of the University for imparting education in maritime studies or its associated disciplines;
(x) "Recognised teachers" means such persons as are recognised by the University for the purpose of imparting instructions in a college or an institution admitted to the privileges of the University;
(y) "School" means a School of Studies of the University;
(z) "Statutes", "Ordinances" and "Regulations" mean, respectively, the Statutes, the Ordinances and the Regulations made under this Act;
(za) "University" means the Indian Maritime University established under this Act;
(zb) "teachers of the University" means Professors, Associate Professors, Assistant Professors, Readers, Senior Lecturers, Lecturers and such other persons as may be appointed for imparting instruction or conducting research in the University or in any college or institution maintained by the University; and
(zc) "University Grants Commission" means the commission established under section 4 of the University Grants Commission Act, 1956(3 of 1956).
Section 3. The University
(1) There shall be established a University by the name of Indian Maritime University.
(2) The headquarters of the University shall be at Chennai with its campuses at Mumbai, Kolkata, Chennai, Vishakhapatnam and such other places within its jurisdiction as it may deem fit.
(3) The first Chancellor, the first Vice-Chancellor, the first members of the Court, the Executive Council, the Academic Council, the Planning Board and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, shall constitute the University.
(4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.
(5) The University shall be both, a teaching and an affiliating University.
Section 4. Objects of the University
The objects of the University shall be,--
(i) to facilitate and promote maritime studies, training, research and extension work with focus on emerging areas of studies like oceanography, maritime history, maritime laws, maritime security, search and rescue, transportation of dangerous cargo, environmental studies and other related fields, and also to achieve excellence in these and connected fields and other matters connected therewith or incidental thereto;
(ii) to promote advanced knowledge by providing institutional and research facilities in such branches of learning as it may deem fit and to make provisions for integrated courses in Science and other key and frontier areas of Technology and allied disciplines in the educational programmes of the University;
(iii) to take appropriate measures for promoting innovations in teaching-learning process, inter-disciplinary studies and research; and to pay special attention to the promotion of educational and economic interests and welfare of the people of India;
(iv) to promote freedom, secularism, equality and social justice as enshrined in the Constitution of India and to act as catalyst in socio-economic transformation by promoting basic attitudes and values of essence to national development; and
(v) to extend the benefits of knowledge and skills for development of individuals and society by associating the University closely with local, regional and national issues of development.
Section 5. Power of the University
The University shall have the following powers, namely:--
(i) to provide for instruction in such branches of learning as the University may, from time to time, determine and to make provision for research and for the advancement and dissemination of knowledge;
(ii) to make provision for recognised institutions to undertake special studies;
(iii) to establish and maintain campuses, colleges, institutions, departments, laboratories, libraries, museums, centres of research, training and specialised studies;
(iv) to establish and maintain hostels, health centres and other related facilities like auditoria, playgrounds, gymnasiums, swimming pools, training ships;
(v) to provide for establishment of campuses for serving a group of recognised colleges and to provide for and maintain common resource centres in such campuses in the form of libraries, laboratories, computer centres and the like centres of learning;
(vi) to grant, subject to such conditions as the University may determine, diplomas for certificates other than Certificates of Competencies of Sea-farers, which shall continue to be issued by Director-General of Shipping, Government of India till the Central Government otherwise decides, and confer degrees and other academic distinctions on the basis of examinations, evaluation or any other method of testing on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;
(vii) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes;
(viii) to organise and to undertake extra-mural studies, training and extension services;
(ix) to institute Directorships, Principalships, Professorships, Associate Professorships, Assistant Professorships and other teaching or academic positions, required by the University and to appoint persons to such Principalships, Professorships, Associate Professorships, Assistant Professorships or academic positions;
(x) to provide for the terms and conditions of service of--
(i) Directors, Principals and teachers and other members of the academic staff appointed by the University;
(ii) teachers and other members of the academic staff appointed by any college or institution; and
(iii) any other employee of recognised college or institution, whether appointed by the University or such college or institution;
(xi) to appoint persons working in any other University or organisation as teachers of the University for a specified period;
(xii) to recognise an institution of higher learning for such purposes as the University may determine and to withdraw such recognition;
(xiii) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff;
(xiv) to appoint on contract or otherwise visiting Professors, Emeritus Professors, Consultants, Scholars and such other persons who may contribute to the advancement of the objects of the University;
(xv) to create teaching, non-teaching, administrative, ministerial and other posts in the University and to make appointments thereto;
(xvi) to co-operate or collaborate or associate with any other University or authority or institution of higher learning within India or abroad, in such manner and for such purposes as the University may determine;
(xvii) to approve appointment of persons for imparting instructions in any institution admitted to the privileges of the University and to withdraw such approval;
(xviii) to inspect recognised institutions through suitable machinery established for the purpose, and to take measures to ensure that proper standards of instruction, teaching and training are maintained by them, and adequate library, laboratory, hospital, workshop and other academic facilities are provided for;
(xix) to prescribe fees and other charges to be levied on the students of self-financing colleges and institutions;
(xx) to coordinate the work of different colleges and institutions working in the same and similar areas;
(xxi) to set up central facilities like computer centre, training centre, instrumentation centre, library, simulators;
(xxii) to set up curriculum development centres for different subjects;
(xxiii) to admit to its privileges colleges and institutions, not maintained by the University, and to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the Statutes;
(xxiv) to recognise guide, supervise and control Halls not maintained by the University and other accommodation for students, and to withdraw any such recognition;
(xxv) to make provision for research and advisory services and for that purpose, to enter into such arrangements with other institutions or bodies as the University may deem necessary;
(xxvi) to prescribe fees for recognising of colleges and institutions;
(xxvii) to determine standards of admission to the University which may include examination, evaluation or any other method of testing;
(xxviii) to institute and award fellowships, scholarships, studentships, assistantships, medals and prizes;
(xxix) to demand and receive payment of fees and other charges;
(xxx) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare;
(xxxi) to make such special arrangements in respect of women students as the University may consider desirable;
(xxxii) to regulate the conduct of the students of the University and of colleges and institutions;
(xxxiii) to control and regulate admission of students for various courses of study in Departments, recognised institutions, schools and centres of studies;
(xxxiv) to regulate the work and conduct of the employees of the University and of the employees of the colleges and institutions;
(xxxv) to regulate and enforce discipline among the employees and students of the University and to take such disciplinary measures in this regard as may be deemed necessary;
(xxxvi) to prescribe code of conduct for managements of recognised colleges and institutions;
(xxxvii) to make arrangements for promoting the health and general welfare of the employees of the University and those of colleges and institutions;
(xxxviii) to receive benefactions, donations and gifts from persons and to name after them such chairs, institutions, buildings and the like, the University may determine, whose gift or donation to the University is worth such amount as the University may decide;
(xxxix) to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the University;
(xl) to borrow, with the approval of the Central Government, on the security of the property' of the University, money for the purposes of the University;
(xli) to assess needs of the students in terms of subjects, fields of specialisation, levels of education and training of technical manpower, both on short and long term basis, and to initiate necessary programmes to meet these needs;
(xlii) to initiate measures to enlist the co-operation of the industry to provide complementary facilities;
(xliii) to provide for instruction through "distance learning" and "open approach" and for mobility of students from the non-formal open learning stream to the formal stream and vice versa;
(xliv) to establish such campuses, special centres, specialised laboratories or other units for research and instruction as are, in the opinion of the University, necessary for the furtherance of its objective;
(xlv) to confer autonomous status on a college or an institution or a Department, as the case may be, in accordance with the Statutes;
(xlvi) to arrange for the training to upgrade maritime standard of the employees of the industry and institutes and to levy fees for such training as prescribed by the Statutes;
(xlvii) to establish Off-shore Campus at any place outside the Country as and when it is considered necessary for advancing the aims and objectives of the University; and
(xlviii) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects.
Section 6. Jurisdiction
The jurisdiction of the University shall extend to the whole of India.
Section 7. University open to all classes, castes and creed
The University shall be open to persons of either sex and of whatever caste, creed, race or class, and it shall not be lawful for the University to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the University or to hold any other office therein or be admitted as a student in the University or to graduate thereat or to enjoy or exercise any privilege thereof:
Provided that nothing in this section shall be deemed to prevail the University from making special provisions for the employment or promotion of educational interests of women, physically handicapped or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes and the Scheduled Tribes.
Section 8. Fund of the University
(1) There shall be a University Fund which shall include--
(a) any contribution or grant made by the Central Government or an instrumentality of the Central Government;
(b) any contribution or grant made by the State Governments;
(c) any contribution from the shipping companies, off-shore construction companies and diving companies;
(d) any bequests, donations, endowments or other grants made by any private individual or institution;
(e) income received by the University from fees and charges; and
(f) amounts received from any other source.
(2) The said fund shall be utilised for such purposes of the University and in such manner as may be prescribed by the Statutes and the Ordinances.
Section 9. The Visitor
(1) The President of India shall be the Visitor of the University.
(2) The Visitor may, from time to time, appoint one or more persons to review the work and progress of the University, including colleges and institutions managed by it, and to submit a report thereon; and upon receipt of that report, the Visitor may, after obtaining the views of the Executive Council thereon through the Vice-Chancellor, take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the University shall be bound to comply with such directions.
(3) The Visitor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the University, its buildings, libraries, laboratories and equipment, and of any college, institution or Campus maintained by the University or admitted to its privileges; and also of the examinations, instruction and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University, colleges or institutions.
(4) The Visitor shall, in every matter referred to in sub-section (3), give notice to the University of his intention to cause an inspection or inquiry to be made,--
(a) to the University, if such inspection or inquiry is to be made in respect of the University or any college or institution maintained by it, or
(b) to the management of the college or institution, if the inspection or inquiry is to be made in respect of the college or institution admitted to the privileges of the University,
and the University or the management, as the case may be, shall have the right to make such representations to the Visitor, as it may consider necessary.
(5) After considering the representations, if any, made by the University or the management, as the case may be, the Visitor may cause to be made such inspection or inquiry as is referred to in sub-section (1).
(6) Where any inspection or inquiry has been caused to be made by the Visitor, the University or the management shall be entitled to appoint a representative, who shall have the right to be present in person and be heard at such inspection or inquiry.
(7) The Visitor may, if the inspection or inquiry is made in respect of the University, college or institution maintained by it, address the Vice-Chancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the Visitor may be pleased to offer, and on receipt of address made by the Visitor, the Vice-Chancellor shall communicate forthwith to the Executive Council the results of the inspection or inquiry, and the views of the Visitor and the advice tendered by him upon the action to be taken thereon.
(8) The Visitor may, if the inspection or inquiry is made in respect of any college or institution admitted to the privileges of the University, address the management concerned through the Vice-Chancellor with reference to the result of such inspection or inquiry, his views thereon and such advice as he may be pleased to offer upon the action to be taken thereon.
(9) The Executive Council or the management, as the case may be, shall communicate, through the Vice-Chancellor to the Visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry.
(10) Where, the Executive Council or the management, does not, within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Executive Council or the management, issue such directions as he may think fit and the Executive Council shall comply with such directions.
(11) Without prejudice to the foregoing provisions of this section, the Visitor may, by order in writing, annul any proceeding of the University which is not in conformity with the Act, the Statutes or the Ordinances:
Provided that before making any such order, the Visitor shall call upon the Registrar to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same.
(12) Notwithstanding anything contained in the foregoing provisions, the Visitor may give any direction to the University after giving an opportunity to the University as the circumstances warrant.
(13) The Visitor shall have such other powers as may be prescribed by the Statutes.
Section 10. Officers of the Unversity
The following shall be the officers of the University:--
(1) the Chancellor;
(2) the Vice-Chancellor;
(3) the Pro-Vice-Chancellor;
(4) the Deans of Schools;
(5) the Directors;
(6) the Registrars;
(7) the Finance Officer; and
(8) such other officers as may be declared by the Statutes to be officers of the University.
Section 11. The Chancellor
(1) The Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.
(2) The Chancellor shall, by virtue of his office, be the Head of the University.
(3) The Chancellor shall, if present, preside at the convocations of the University held for conferring degrees.
Section 12. The Vice-Chancellor
(1) The Vice-Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.
(2) The Vice-Chancellor shall be the principal executive and academic officer of the University, and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University.
(3) The Vice-Chancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority the action taken by him on such matter:
Provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the Visitor whose decision thereon shall be final:
Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to appeal against such action to the Executive Council within three months from the date on which decision on such action is communicated to him and thereupon the Executive Council may confirm, modify or reverse the action taken by the Vice-Chancellor.
(4) The Vice-Chancellor, if he is of the opinion that any decision of any authority of the University is beyond the powers of the authority conferred by the provisions of this Act, the Statutes or the Ordinances or that any decision taken is not in the interest of the University, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the Visitor whose decision thereon shall be final.
(5) The Vice-Chancellor may cause an inspection to be made by such person or persons as he may direct, of a college or an institution not being maintained by the University, its buildings, libraries, laboratories and equipment, and also examinations, teaching and other work conducted or done by the college or the institution and cause an inquiry, to be made in the like manner, in respect of any matter connected with the administration or finance of the college or the institutions.
(6) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the statutes or the Ordinances.
Section 13. The Pro-Vice-Chancellor
The Pro-Vice-Chancellor shall be appointed in such manner, on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.
Section 14. Deans of Schools
Every Dean of a School shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.
Section 15. Directors
Every Director shall be appointed in such manner, on such terms and conditions of service, and perform such duties, as may be prescribed by the Statutes.