RTU Amendend 2013

A (Authorised English Translation) Bill No. 26 of 2013 THE RAJASTHAN TECHNICAL UNIVERSITY (AMENDMENT) BILL, 2013 (To be Introduced in the Rajasthan Legislative Assembly) A Bill further to amend the Rajasthan Technical University Act, 2006. Be it enacted by the Rajasthan State Legislature in the Sixty-fourth Year of the Republic of India, as follows:- 1. Short title and commencement.- (1) This Act may be called the Rajasthan Technical University (Amendment) Act, (2) It shall be deemed to have come into force on and from th June, 2013. 2. Amendment of section 8, Rajasthan Act No. 8 of 2006.- For the existing section 8 of the Rajasthan Technical University Act, 2006 (Act No. 8 of 2006), hereinafter referred to as the principal Act, the following shall be substituted, namely:- “8. Visitation.- (1) The Chancellor shall have the right to cause an inspection, to be made by such person or persons, as he or she may direct– (a) of the University, its buildings, laboratories, libraries, museums, workshops and equipments; or (b) of any institution or hostel maintained by the University; or (c) of the teaching and other work conducted or done by the University; or (d) of the conduct of any examination held by the University. (2) The Chancellor shall also have the right to cause an inquiry to be made by such person or persons as he or she may direct in respect of any matter connected with the University. (3) The Chancellor shall, in every case, give notice to the University of his or her intention to cause an inspection or inquiry to be made and the University shall be entitled to be represented at such inspection or inquiry. (4) The Chancellor shall communicate to the University his or her views with reference to the result of such inspection or inquiry and may, after ascertaining the opinion of the University thereon, advise the University upon the action to be taken and fix a time limit for taking such action. (5) The University shall, within the time limit so fixed, report to the Chancellor the action taken or proposed to be taken on the advice tendered by the Chancellor. (6) If the University does not take action within the time limit fixed, or if the action taken by the University is, in the opinion of the Chancellor, not satisfactory, the Chancellor may, after considering any explanation offered or representation made by the University, issue such direction as he or she may deem fit and the University shall comply with such direction. (7) If the University does not comply with such direction issued as per sub-section (6) within such time as may be fixed in that behalf by the Chancellor, the Chancellor shall at his or her discretion have power to appoint any person or body to implement such direction and make such order as may be necessary for the expenses thereof.”. 3. Amendment of section 11, Rajasthan Act No. 8 of 2006.- For the existing section 11 of the principal Act, the following shall be substituted, namely:- shall be a whole- time paid officer of the University and shall be appointed by the Chancellor in consultation with the State Government upon recommendation of a Selection Committee consisting of - (a) one person nominated by the Board not connected with the University or any college thereof; (b) one person nominated by the Chairman, University Grants Commission; (c) one person nominated by the Chancellor; and (d) one person nominated by the State Government, and the Chancellor shall appoint one of these persons to be the Chairman of the Committee. (2) The term of the office of the Vice-Chancellor shall be three years from the date on which he or she enters upon his or her office or until he or she attains the age of seventy years, whichever is earlier: Provided that the same person shall be eligible for reappointment for a second term. (3) The Vice-Chancellor shall receive such pay and allowances as may be determined by the State Government. In addition to it, he or she shall be entitled to free furnished residence maintained by the University and such other perquisites as may be prescribed by the statutes. (4) When a permanent vacancy in the office of the Vice-Chancellor occurs by reason of his or her death, resignation, removal or the expiry of his or her term of office, it shall be filled by the Chancellor in accordance with sub-section (1), and for so long as it is not so filled, stop-gap arrangement shall be made by him or her under and in accordance with sub-section (5). (5) When a temporary vacancy in the office of the Vice-Chancellor occurs by reason of leave, suspension or otherwise or when a stop-gap arrangement is necessary under sub-section (4), the Registrar shall forthwith report the matter to the Chancellor, who shall make, on the advice of the State Government, arrangement for the carrying on the functions of the office of the Vice- Chancellor. (6) The Vice-Chancellor may at any time relinquish office by submitting, not less than sixty days in advance of the date on which he or she wishes to be relieved, his or her resignation to the Chancellor. (7) Such resignation shall take effect from the date determined by the Chancellor and conveyed to the Vice- Chancellor. (8) Where a person appointed as the Vice- Chancellor was in employment before such appointment in any other college, institution or University, he or she may continue to contribute to the provident fund of which he or she was a member in such employment and the University shall contribute to the account of such person in that provident fund. (9) Where the Vice-Chancellor had been in his or her previous employment, a member of any insurance or pension scheme, the University shall make a necessary contribution to such scheme. (10) The Vice-Chancellor shall be entitled to travelling and daily allowance at such rates as may be fixed by the Board. (11) The Vice-Chancellor shall be entitled to leave as under:- (a) leave on full pay at the rate of one day for every eleven days of active service; and (b) leave on half pay at the rate of twenty days for each completed year of service: Provided that leave on half pay may be commuted as leave on full pay on production of medical certificate.”. 4. Amendment of section 36, Rajasthan Act No. 8 of 2006.- For the existing section 36 of the principal Act, the following shall be substituted, namely:- “36. Assumption of financial control by the State Government as emergency measure.- (1) The State Government shall have the right to cause an inquiry to be made, by such person or persons as it may direct, and to issue directions to the University, in respect of any matter connected with the finances of the University, where State Government funds are concerned. (2) If the State Government is satisfied that owing to mal-administration or financial mismanagement in the University a situation has arisen whereby financial stability of the University has become insecure, it may, by a notification, declare that the finances of the University shall be subject to the control of the State Government and shall issue such other directions as it may deem fit for the purpose and the same shall be binding on the University.”. 5. Amendment of section 45, Rajasthan Act No. 8 of 2006.- For the existing section 45 of the principal Act, the following shall be substituted, namely :- “45. Accounts and audit.- (1) The annual accounts and balance sheet of the University shall be prepared by the Finance Officer under the direction of the Vice-Chancellor and all moneys accruing to or received by the University from whatever source and all amount disbursed or paid shall be entered in the accounts. (2) The Finance Officer shall, before such date as may be prescribed by the Statutes, prepare the budget of the University for the ensuing year. (3) The annual accounts and the annual financial estimates prepared by the Finance Officer shall be placed before the Board together with the remarks of the Finance Committee for approval and the Board may pass resolution with reference thereto and communicate the same to the Finance Officer who shall take action in accordance therewith. (4) The annual accounts shall be audited in the prescribed manner by such auditors as the State Government may direct and the cost of such audit shall be a charge on the University fund. (5) The accounts when audited shall be printed and copies thereof, together with the audit report, shall be submitted by the Vice-Chancellor to the Board which shall forward them to the State Government with such comments as may be deemed necessary. (6) The University shall settle objections raised in the audit and carry out such instructions as may be issued by the State Government on the audit report.”. 6. Repeal and savings.- (1) The Rajasthan Technical University (Amendment) Ordinance, 2013 (Ordinance No. 14 of 2013) is hereby repealed. (2) Notwithstanding such repeal, all things done, actions taken or orders made under the principal Act as amended by the said Ordinance shall be deemed to have been done, taken or made under the principal Act as amended by this Act. STATEMENT OF OBJECTS AND REASONS There has been good harmony between the University and the State Government but sometimes there are instances when policies and directions of the State Government are ignored even when they are confined to administrative or financial matter. Also, there is no enabling provision through which University can be made to follow general financial discipline or administrative policies of the State Government. Moreover, there are variations in the method of appointment and retirement age of Therefore, in order to maintain some sort of uniformity in various Universities’ Acts and also to bring about better financial discipline and administrative atmosphere, it had been decided to amend some sections and to add new provisions i.e. visitation powers of Chancellor, method of appointment of Vice-Chancellor, retirement age of Vice-Chancellor, assumption of financial control by the State Government as emergency measure and accounts and audit in the Rajasthan Technical University Act, 2006. Since the Rajasthan Legislative Assembly was not in session and the circumstances existed which rendered it necessary for the Governor of Rajasthan to take immediate action, she, therefore, promulgated the Rajasthan Technical University Ordinance, 2013 (Ordinance No. 14 of 2013) on 10 th June, 2013, which was published in Rajasthan Gazette, Part IV(B), Extraordinary, dated 12 th June, 2013. This Bill seeks to replace the aforesaid Ordinance. Hence the Bill. Minister Incharge. MEMORANDUM REGARDING DELEGATED LEGISLATION Clauses 3 and 5 of the Bill, if enacted, shall empower to prescribe other perquisites of Vice-Chancellor under the proposed section 11 (3) and the date before which budget for the ensuing year shall be prepared under the proposed section 45 (2) respectively. The proposed delegation is of normal character and relates to the matters of detail. Minister Incharge. EXTRACTS TAKEN FROM THE RAJASTHAN TECHNICAL UNIVERSITY ACT, 2006 (Act No. 8 of 2006) 8. Inspections and Inquiry.- (1) The State Government shall have the right to cause an inspection to be made by such person or persons as it may direct, of the University including its buildings, libraries, laboratories, workshops and equipment and also of the examinations, teaching and all other works conducted or done by the University or, to cause an inquiry to be made in the like manner in respect of any matter connected with the administration and finances of the University. (2) Where the State Government decides to cause an inspection or inquiry to be made under sub-section (1), it shall inform the University of the same through the Registrar, and any person nominated by the Vice-Chancellor may be present at such inspection or inquiry as representative of the University and he shall have the right to be heard as such. (3) The person or persons appointed to inspect or inquire under sub-section (1) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908), for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and compelling production of documents and material objects, and shall be deemed to be a civil court within the meaning of sections 345 and 346 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974), and the proceedings before him or them shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860). (4) The State Government shall address the Vice- Chancellor with reference to the result of such inspection or inquiry, and the Vice-Chancellor shall communicate to the Board the views of the State Government with such advice as the State Government may offer upon the action to be taken thereon. (5) The Vice-Chancellor shall then, within such time as the State Government may fix, submit a report to the State Government of the action taken or proposed to be taken by the Board. (6) If the University authorities do not, within a reasonable time, take action to the satisfaction of the State Government, the State Government may, after considering any explanation which the University authority may furnish, issue such directions as it may think fit, and the University authority shall be bound to comply with such directions. (7) The State Government shall send to the Chancellor a copy of every report of an inspection or inquiry caused to be made under sub-section (1) and of every communication received from the Vice-Chancellor under sub-section (5), and of every direction issued under sub-section (6), and also of every report or information received in respect of compliance or non-compliance with such directions. 11. The Vice-Chancellor.- (1) The Vice-Chancellor shall be a whole-time salaried officer of the University and shall be appointed by the Chancellor, on the advice of the State Government upon recommendation of a Selection Committee consisting of – (i) one person nominated by the Board not being a person connected with the University, or any affiliated or constituent college; (ii) one person to be nominated by the Chancellor who shall also be the convener of the Committee; (iii) two persons nominated by the State Government. (2) The Vice-Chancellor shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age of sixty-two years, whichever is earlier: Provided that the same person shall be eligible for re- appointment for a second term. (3) The Vice-Chancellor shall receive such pay and allowances as may be determined by the State Government, in addition to it, he shall be entitled to free furnished residence maintained by the University and such other perquisites as may be prescribed by the Statutes. (4) When a permanent vacancy in the office of the Vice- Chancellor occurs by reason of his death, resignation, removal or the expiry of his term of office, it shall be filled by the Chancellor in accordance with sub-section (1) and for so long as it is not so filled, stop-gap arrangement shall be made by him under and in accordance with sub-section (5). (5) When a temporary vacancy in the office of the Vice- Chancellor occurs by reason of leave, suspension or otherwise or when a stop-gap arrangement is necessary under sub-section (4), the Registrar shall forthwith report the matter to the Chancellor who shall make, on the advice of the State Government, arrangement for the carrying on the functions of the office of the (6) Notwithstanding anything contained in sub-section (1) to sub-section (5), the first Vice-Chancellor of the University shall be appointed by the Chancellor on the advice of the State Government for a period not exceeding three years on such terms and conditions as the State Government may determine. (7) The Vice-Chancellor may at any time relinquish office by submitting, not less than sixty days in advance of the date on which he wishes to be relieved, his resignation to the Chancellor. (8) Such resignation shall take effect from the date determined by the Chancellor and conveyed to the Vice- Chancellor. (9) If, in the opinion of the Chancellor, the Vice-Chancellor wilfully omits or refuses to carry out the provisions of this Act or abuses the powers vested in him, or if it otherwise appears to the Chancellor that the continuance of the Vice-Chancellor in office is detrimental to the interest of the University, the Chancellor may, after making such inquiry as he deems proper, by order, remove the Vice-Chancellor. (10) During the pendency, or in contemplation of any inquiry referred to in sub-section (9), the Chancellor may order that till further orders- (i) such Vice-Chancellor shall refrain from performing the functions of the office of the Vice-Chancellor, but shall continue to get the emoluments to which he was otherwise entitled under sub-section (3); (ii) the functions of the office of the Vice-Chancellor shall be performed by the person specified in the order. 36. Assumption of financial control by the State Government as emergency measure.- If the State Government is satisfied that owing to mal-administration or financial mismanagement in the University a situation has arisen whereby financial stability of the University has become insecure, it may, by a notification, declare that the finance of the University shall be subject to the control of the State Government and shall issue such other directions as it may deem fit for the purpose and the same shall be binding on the University. 45. Accounts and audit.- (1) The annual accounts and balance sheet of the University shall be prepared by the Finance Officer under the direction of the Vice-Chancellor and all moneys accrued to or received by the University from whatever source and all amounts disbursed or paid shall be entered in the accounts. (2) Such accounts shall be audited in such manner and by such auditors as the State Government may direct and the cost of such audit shall be a charge on the University Fund. (3) The accounts when audited shall be printed and copies thereof, together with the audit report, shall be submitted by the Vice-Chancellor to the Board which shall forward them to the State Government with such comments as may be deemed necessary. Bill No. 26 of 2013 THE RAJASTHAN TECHNICAL UNIVERSITY (AMENDMENT) BILL, 2013 (To be introduced in the Rajasthan Legislative Assembly) RAJASTHAN LEGISLATIVE ASSEMBLY A Bill further to amend the Rajasthan Technical University Act, 2006. (To be introduced in the Rajasthan Legislative Assembly) PRADEEP KUMAR SHASTRY, Special Secretary.