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RAJIV GANDHI NATIONAL AVIATION UNIVERSITY ACT, 2013

Ministry of Law and Justice

Act nº 26 of 2013


  • Act nº 26 of 2013

Preamble

THE RAJIV GANDHI NATIONAL AVIATION UNIVERSITY ACT, 2013

[Act No. 26 of 2013]

[18th September, 2013]

PREAMBLE

(An Act to establish and incorporate a national aviation University to facilitate and promote aviation studies and research to achieve excellence in areas of aviation management, policy, science and technology, aviation environment, training in governing fields of safety and security regulations on aviation and other related fields to produce quality human resources to cater to the needs of the aviation sector and to provide for matters connected therewith or incidental thereto.)

Be it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:--

Section 1. Short title and commencement

(1) This Act may be called the Rajiv Gandhi National Aviation University Act, 2013.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.

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 Schools" means the Board of Schools of the University;

(d) "Campus" means the unit established or constituted by the University for making arrangements for instruction, research, education and training;

(e) "Chancellor and Vice-Chancellor" mean, respectively, the Chancellor and Vice-Chancellor of the University;

(f) "College" means a college maintained by or admitted to the privileges of the University for imparting education and training in aviation studies or in its associated disciplines;

(g) "Court" means the Court of the University;

(h) "Dean of School" means an administrative officer in charge of a college, faculty or a Division in a University;

(i) "Department" means a Department of Studies and includes a Centre of Studies;

(j) "Director General" means the Director General of Civil Aviation;

(k) "Distance Education System" means the system of imparting education through any means of communication, such as broadcasting, telecasting, internet, correspondence courses, seminars, contact programmes, e-learning or the combination of such means;

(l) "employee" means any person appointed by the University and includes teachers and other staff of the University;

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

(n) "Finance Committee" means the Finance Committee of the University;

(o) "Hall" means a unit of residence for the students of the University or of a College or an Institution maintained by the University;

(p) "Institution" means an institution, school, college or centre of studies maintained by or admitted to the privileges of the University for imparting education, training and research in aviation studies or in its associated disciplines;

(q) "notification" means a notification published in the Official Gazette;

(r) "off-shore Campus" means an institution, college, centre, school or campus of the University established outside the country;

(s) "principal" means the head of a college or an institution;

(t) "recognised Institution" means an institution admitted to the privileges of the University for imparting education in aviation studies or its associated disciplines;

(u) "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;

(v) "school" means a School of Studies of the University;

(w) "Statutes", "Ordinances" and "Regulations" mean, respectively, the Statutes, the Ordinances and the Regulations of the University made under this Act;

(x) "teachers of the University" means Professors, Associate Professors, Assistant Professors, Readers, Senior Lecturers, Lecturers and such other persons as may be appointed or recognised for imparting instruction or conducting research in the University or in any college or institution maintained by the University or for giving guidance to students for any course of study of the University are designated as teachers by the Statutes;

(y) "University" means the National Aviation University established under this Act;

(z) "University Grants Commission" means the Commission established under section 4 of the University Grants Commission Act, 1956(3 of 1956).

Section 3. Establishment of University

(1) There shall be established a University by the name of "Rajiv Gandhi National Aviation University".

(2) The headquarters of the University shall be at Fursatganj in the District of Raebareli in the State of Uttar Pradesh;

(3) The University may establish or maintain campuses and centres at such other places within its jurisdiction as it may deem fit.

(4) The first Chancellor, the first Vice-Chancellor, the first members of the Court, the Executive Council, the Academic Council, 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.

(5) The University shall have perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and shall by that name, sue and be sued.

(6) The University shall be a teaching, research and affiliating Aviation University.

Section 4. Objects of University

The objects of the University shall be,--

(i) to facilitate and promote aviation studies, teaching, training, research and extension work with focus on emerging areas of studies such as aviation management, aviation regulation and policy, aviation history, aviation science and engineering, aviation law, aviation safety and security, aviation medicine, search and rescue, transportation of dangerous goods, environmental studies and other related fields, and also to achieve excellence in these and connected fields in emerging areas and such areas as may emerge in future;

(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 management, science and other key and frontier areas of technology and allied disciplines in the educational programmes of the University;

(iii) to create an ambience for learning and scholarship in aviation technology;

(iv) to take appropriate measures for ensuring and regulating the quality of aviation education programmes in India offered by recognised institutions;

(v) to develop academic standards of an international level and undertake other measures as it may deemed fit, to facilitate the development for skilled aviation manpower including the licensed category of aviation personnel;

(vi) to develop various programmes for airlines, airport, aviation authorities and staff ranging from airline management and marketing, airport management, regulations and aviation law, aviation safety and security or any other programme and train manpower in aviation field;

(vii) to take appropriate measures for promoting innovations in teaching-learning process, undertake inter-disciplinary studies and research.

Section 5. Powers of University

(1) The University shall have the following powers, namely:--

(i) to provide for instructions in the aviation related natural sciences, social sciences, humanities, engineering, technology and medicine or 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 recognise aviation training colleges and institutes and to make provisions for recognising of such colleges and institutions, maintenance of standards and to undertake special studies;

(iii) to establish and maintain campuses, departments, laboratories, libraries, museums, centres of research, training and specialised studies;

(iv) to establish and maintain hostel, health centres and other related facilities like auditoria, playgrounds, gymnasiums, swimming pools and training facilities;

(v) to establish linkages and collaborate with any other college or University, research institution, industry association, professional or any other organisations in India or outside India to conceptualise, design and develop specific programmes on aviation as part of education and research, training programmes and exchange programmes for students, academic staff and others;

(vi) to provide for establishment of campuses, colleges and Institutions 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;

(vii) to prepare educational programmes or courses leading to award of Diploma, Degree, Post Graduate Degrees in the field of civil aviation;

(viii) to grant, subject to such conditions as the University may determine, degrees including doctoral degrees, diplomas or certificates other than Certificates of Competencies of licensed aviation personnel, which shall continue to be issued by Director General of Civil Aviation, 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 degrees including doctoral degrees, diplomas, certificates, or other academic distinctions for good and sufficient cause;

(ix) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes;

(x) to organise and to undertake extra-mural studies, training and extension services;

(xi) 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;

(xii) to provide for the terms and conditions of service of Directors, Principals and teachers and other members of the academic staff appointed by the University;

(xiii) to appoint persons working in any other University or organisation as teachers of the University for a specified period;

(xiv) to recognise an institution of higher learning for such purposes as the University may determine and to withdraw such recognition;

(xv) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff;

(xvi) 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;

(xvii) to create teaching, non-teaching, administrative, ministerial and other posts in the University and to make appointments thereto;

(xviii) to co-operate or collaborate or associate with any other University or authority or institution of higher learning within India or located outside the country, in such manner and for such purposes as the University may determine;

(xix) to approve appointment of persons for imparting instructions in any institution admitted to the privileges of the University and to withdraw such approval;

(xx) 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;

(xxi) to coordinate the work of different colleges and institutions working in the same and similar areas;

(xxii) to set up facilities like computer centre, training centre, instrumentation centre, library, simulators or other units for research and instruction as are, in the opinion of the University, necessary for the furtherance of its objects;

(xxiii) to set up curriculum development centres for different subjects;

(xxiv) 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;

(xxv) to recognise guide, supervise and control Halls not maintained by the University and other accommodation for students, and to withdraw any such recognition;

(xxvi) 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;

(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;

(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;

(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 make arrangements for promoting the health and general welfare of the employees of the University;

(xxxvii) 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;

(xxxviii) to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the University;

(xxxix) 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;

(xl) 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 programmers to meet these needs;

(xli) to initiate measures to enlist the co-operation of the industry to provide complementary facilities;

(xlii) 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;

(xliii) 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;

(xliv) to confer autonomous status on a college or an institution or a Department, as the case may be, in accordance with the Statutes;

(xlv) to arrange for the training to upgrade aviation standard of the employees of the industry and institutes and to levy fees for such training as prescribed by the Statutes;

(xlvi) to establish off-shore Campus at any place outside the Country as and when it is considered necessary for advancing the aims and objects of the University; and

(xlvii) 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.

(2) In exercising its powers referred to in sub-section (1), it shall be the endeavour of the University to maintain an international character and highest possible standards of teaching and research.

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 prevent the University from making special provisions for the employment or promotion of educational interests of women, physically challenged or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes and the Scheduled Tribes:

Provided further that no such special provision shall be made on the ground of domicile.

Section 8. Fund of 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 aviation companies and aviation industry both Indian and international;

(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:

Provided that the President may, by order, nominate any person to be the Visitor and such person so nominated shall hold office for such term, not exceeding five years as may be specified in the order and the person so nominated shall exercise the powers and discharge duties of the Visitor.

(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 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 (3).

(6) Where any inspection or inquiry has been caused to be made by the Visitor, the University 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 University

The following shall be the officers of the University:--

(1) the Chancellor;

(2) the Vice-Chancellor;

(3) the Deans of Schools;

(4) the Registrar;

(5) the Finance Officer;

(6) the Controller of Examinations; and

(7) 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

(1) The Vice-Chancellor shall be appointed by the Visitor in such manner for such term and on such emoluments and other conditions of service 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 ninety days 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:

Provided that the decision of the authority concerned shall remain suspended during the period of such decision by the authority or the Visitor, as the case may be, under this sub-section.

(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 quality of education and other academic activities of the colleges 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 Deans of Schools

Every Dean of the School shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.

Section 14. The Registrar

(1) The Registrar shall be appointed in such manner and on such terms and conditions of service, as may be prescribed by the Statutes.

(2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University.

(3) The Registrar shall exercise such powers and perform such duties, as may be prescribed by the Statutes.