¡Disfruta de SmartLeges Premium!

Suscríbete a SmartLeges Premium y disfruta de estas ventajas:

  • Consulta tantas leyes como necesites, gratuitas o de pago, sin coste adicional
  • Consulta casi cualquier ley en varios países gracias al nuevo buscador avanzado. ¡Toda la legislación a tu alcance!
  • Disfruta de todas las características de SmartLeges sin restricciones
Ver los planes

Una aplicación imprescindible y gratuita para profesionales y estudiantes del sector jurídico

Leer más
 

¡Regístrate gratis!

¿Quieres consultar esta y otras leyes completas?

Regístrate gratis y podrás consultar las leyes en tu móvil o tablet, además de subrayar textos, añadir notas...

¡Regístrate gratis!

Compartir esta ley Otras leyes de India
Email Facebook Twitter Google Linkedin Tumblr

INDIRA GANDHI NATIONAL OPEN UNIVERSITY ACT

Ministry of Law and Justice

Act nº 50 of 1985


  • Schedules
  • Act nº 50 of 1985

Preamble

THE INDIRA GANDHI NATIONAL OPEN UNIVERSITY ACT, 1985

[Act, No. 50 of 1985]

[2nd September, 1985]

PREAMBLE

An Act to establish and incorporate an open University at the national level for the introduction and promotion of open university and distance education systems in the educational pattern of the country and for the co-ordination and determination of standards in such systems.

BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:-

Section 1. Short title and commencement

(1) This Act may be called the Indira Gandhi National Open University, Act, 1985.

(2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.

1. 21-5-1985


Section 2. Definitions

In this Act, and the Statutes made hereunder, unless the context otherwise, requires,--

(a) "Academic Council" means the Academic Council of the University;

(b) "Board of Management" means the Board of Management of the University;

(c) "Board of Recognition" means the Board of Recognition of the University;

(d) "College" means a College or other academic institution established or maintained by, or admitted to the privileges of, the University;

(e) "distance education system" means the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or more of such means;

(f) "employee" means any person appointed by the University, and included teachers and other academic staff of the University;

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

(h) "Governing Body", in relation to a College, means any body (by whatever name called) charged with the management of the affairs of the College and recognised as such by the University;

(i) "Planning Board" means the Planning Board of the University;

(j) "Regional Centre" means a centre established or maintained by the University for the purpose of co-ordinating and supervising the work of Study Centres in any region and for performing such other functions as may be conferred on such centre by the Board of Management;

(k) "Regulations" means the Regulations made by any authority of the University under this Act for the time being in force;

(l) "School" means a School of Studies of the University;

(m) "Statutes" and "Ordinances" means, respectively, the Statutes and Ordinances of the University for the time being in force;

(n) "Student" means a student of the University, and includes any person who has enrolled himself for pursuing any course of study of the University;

(o) "Study Centre" means a centre established, maintained or recognised by the University for the purpose of advising, counselling or for rendering any other assistance required by the students;

(p) "teachers" means Professors, Readers, Lecturers and such other persons as may be designated as such by the Ordinances for imparting instruction in the University or for giving guidance or rendering assistance to students for pursuing any course of study of the University;

(q) "University" means the Indira Gandhi National Open University established under this Act;

(r) "Vice-Chancellor" and "Pro-Vice-Chancellor" means, respectively, the Vice-Chancellor and a Pro-Vice-Chancellor of the University.

Section 3. Establishment and incorporation of the University

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

(2) The headquarters of the University shall be at Delhi and it may establish or maintain Colleges, Regional Centres and Study Centres at such other places in India as it may deem fit.

1["Provided that the University may, with the prior approval of the Visitor, also establish Study Centres outside India.".]

(3) The first Vice-Chancellor, the first Pro-Vice-Chancellors and the first members of the Board of Management, the Academic Council and 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, are hereby constituted a body corporate by the name of "the Indira Gandhi National Open University".

(4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.

1. Inserted by Indira Gandhi National Open University (Amdt) Act, 1997 w.e.f. 29-08-1997.


Section 4. The objects of the University

The objects of the University shall be to advance and disseminate learning and knowledge by a diversity of means, including the use of any communication technology, to provide opportunities for higher education to a larger segment of the population and to promote the educational well being of the community generally, to encourage the Open University and distance education systems in the educational pattern of the country and to co-ordinate and determine the standards in such systems, and the University shall, in organising its activities, have due regard to the objects specified in the First Schedule.

Section 5. Powers of the University

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

(i) to provide for instruction in such branches of knowledge, technology, vocations and professions as the University may determine from time to time and to make provision for research;

(ii) to plan and prescribe courses of study for degrees, diplomas, certificates or for any other purpose;

(iii) to hold examinations and confer degrees, diplomas, certificates or other academic distinctions or recognitions on persons who have pursued a course of study or conducted research in the manner laid down by the Statutes and Ordinances;

(iv) to confer honorary degrees or other distinction in the manner laid down by the Statutes;

(v) to determine the manner in which distance education in relation to the academic programmes of the University may be organised;

(vi) to institute professorships, readerships, lectureships and other academic position necessary for imparting instruction or for preparing educational material or for conducting other academic activities, including guidance, designing and delivery of course and evaluation of the work done by the students, and to appoint persons to such professorship, readerships, lectureships and other academic positions;

(vii) to co-operate with, and seek the co-operation of, other universities and institutions of higher learning, professional bodies and organisations for such purposes as the University considers necessary;

(viii) to institute and award fellowships, scholarships, prizes and such other awards for recognition of merit as the University may deem fit;

(ix) to establish and maintain such Regional Centres as may be determined by the University from time to time;

(x) to establish, maintain or recognise Study Centres in the manner laid down by the Statutes;

(xi) to provide for the preparation of instructional materials, including films, cassettes, tapes, video cassettes and other software;

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

(xiii) to recognise examinations of, or periods of study (whether in full or part) at, other universities, institutions or other places of higher learning as equivalent to examinations or periods of study in the University, and to withdraw such recognition at any time;

(xiv) to make provision for research and development in educational technology and related matters;

(xv) to create administrative, ministerial and other necessary posts and to make appointments thereto;

(xvi) to receive benefactions, donations and gifts and to acquire, hold, maintain and dispose of any property movable or immovable, including trust and Government property, for the purposes of the University;

(xvii) to borrow, with the approval of the Central Government, whether on the security of the property of the University or otherwise, money for the purposes of the University;

(xviii) to enter into, carry out, vary or cancel contracts;

(xix) to demand and receive such fees and other charges as may be laid down by the Ordinances;

(xx) to provide, control and maintain discipline among the students and all categories of employees and to lay down the conditions of service of such employees, including their codes of conduct;

(xxi) to recognise any institution of higher learning or studies for such purposes as the University may determine and to withdraw such recognition;

(xxii) to appoint, either on contract or otherwise, visiting Professors, Emeritus Professors, Consultants, fellows, scholars, artists, course writers and such other persons who may contribute to the advancement of the objects of the University;

(xxiii) to recognise persons working in other universities, institutions or organisations as teachers of the University on such terms and conditions as may be laid down by the Ordinances;

(xxiv) to determine standards and to specify conditions for the admission of students to courses of study of the University which may include examination, evaluation and any other method of testing;

(xxv) to make arrangements for the promotion of the general health and welfare of the employees;

(xxvi) to confer autonomous status on a College or a Regional Centre in the manner lid down by the Statutes;

(xxvii) to admit to its privileges any College in or outside India subject to such conditions as may be laid down by the Statutes:

Provided that no College shall be so admitted except with the prior approval of the Visitor;

(xxviii) to do all such acts as may be necessary or incidental to the exercise of all or any of the powers of the University as are necessary and conducive to the promotion of all or any of the objects of the University.

(2) Notwithstanding anything contained in any other law for the time being in force, but without prejudice to the provisions of sub-section. (1), it shall be the duty of the University to take all such steps as it may deem fit for the promotion of the open university and distance education systems and for the determination of standards of teaching, evaluation and research in such systems, and for the purpose of performing this function, the University shall have such powers, including the power to allocate and disburse grants to Colleges, whether admitted to its privileges or not, or to any other university or institution of higher learning, as may be specified by the Statutes.

Section 6. Jurisdiction

The University shall in the exercise of its powers have jurisdiction over the whole of India.1[and to the Study Centres outside India]

1. Inserted by Indira Gandhi National Open University (Amdt) Act, 1997 w.e.f. 29-08-1997.


Section 7. University open to all classes, castes and creeds

(1) The University shall be open to persons of either sex and of whatever, race, creed, caste or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religions 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 admitted as a student in the University, or to graduate thereat, or to enjoy or exercise any privilege thereof.

(2) Nothing in sub-section (1) shall be deemed to prevent the University from making any special provision for the appointment or admission of women or of persons belonging to the weaker sections of the society, and in particular, of persons belonging to the Schedule Castes or Scheduled Tribes.

Section 8. The Visitor

(1) The President of India shall be the Visitor of the University.

(2) Subject to the provisions of sub-sections (3) and (4), 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, laboratories and equipment, and of any College Regional Centre, a Study Centre and also of the examination, 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 and finance of the University.

(3) The Visitor shall, in every case, give notice to the University of his intention to cause an inspection or inquiry to be made and the University shall, on receipt of such notice, have the right to make, within thirty days from the date of receipt of the notice or such other period as the Visitor may determine, such representations to him as it may consider necessary.

(4) After considering the representations, if any, made by the University, the Visitor may cause to be made such inspection or inquiry as is referred to in sub-section (2).

(5) Where an 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 appear in person and to be heard on such inspection or inquiry.

(6) The Visitor may address the Vice-Chancellor with reference to the results 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 on receipt of the address made by the Visitor, the thereon as the Visitor may be pleased to offer on receipt of the address made by the Visitor, the Vice-Chancellor shall communicate forthwith to the Board of Management 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.

(7) The Board of Management shall communicate through the Vice-Chancellor to the Visitor such action, if any, as it proposes to take or has been taken by it upon the results of such inspection or inquiry.

(8) Where the Board of Management does not within a reasonable time, taken action to the satisfaction of the Visitor, the Visitor may, after considering the explanation furnished or representation made by the Board of Management, issue such directions as he may think fit and the Board of Management shall be bound to comply with such directions.

(9) Without prejudice to the foregoing of this section, the Visitor may, by an order in writing, annual any proceedings of the University which is not in conformity with this Act, the Statutes or the Ordinances:

Provided that before making any such order, he shall call upon the University to show cause way such an order should not be made and, if any cause is shown within a reasonable time, he shall consider the same.

(10) The visitor shall have such other powers as may be specified by the Statutes.

Section 9. Officers of the University

The following shall be the officers of the University:-

(1) The Vice-Chancellor;

(2) The Pro-Vice-Chancellors;

(3) The Directors;

(4) The Registrars;

(5) The Finance Officer, and

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

Section 10. The Vice-Chancellor

(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 principle academic and executive officer of the University, and shall exercise supervision and control over the affairs of the University and give effect to the decisions of the all the authorities of the University.

(3) The Vice-Chancellor may, if he is of the 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 the 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 is 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 Board of Management within ninety days from the date on which such action is communicated to him and thereupon the Board of Management 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 is beyond the powers of the authority conferred by the provisions of this Act, Statutes or Ordinances or that any decision taken is not in the interests 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 its 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 review of such decision by the authority or the Visitor, as the case may be under this sub-section.

(5) The Vice-Chancellor shall exercise such other powers and perform such other fuctions as may be prescribed by the Statutes and the Ordinances.

Section 11. The Pro-Vice-Chancellors

Every Pro-Vice-Chancellor shall be appointed in such manner, on such emoluments and other conditions of service, and shall exercise such powers and perform such functions, as may be prescribed by the Statutes.

Section 12. The Directors

Every Director shall be appointed in such manner, on such emoluments and other conditions of service, and shall exercise such powers and perform such functions, as may be prescribed by the Statutes

Section 13. The Registrars

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

(2) A Registrar empowered by the Board of Management shall have the power to enter into, and sign, agreements and authenticate records on behalf of the University.

(3) Every Registrar shall exercise such powers and perform such functions as may be prescribed by the Statutes.

Section 14. The Finance Officer

The Finance Officer shall be appointed in such manner, on such emoluments and other conditions of service and shall exercise such powers and perform such functions as may be prescribed by the Statutes.