Section 39
Section 39 of the Goa University Act, 1984. [Completion of courses of study in Colleges or institutions affiliated to the University of Bombay or South Gujarat .- Notwithstanding anything contained in this Act, or the Statutes, Ordinances and Regulations, any student of a college or institution situated within the [State of Goa] and affiliate
81[Completion of courses of study in Colleges or institutions affiliated to the University of Bombay or South Gujarat .- Notwithstanding anything contained in this Act, or the Statutes, Ordinances and Regulations, any student of a college or institution situated within the 82[State of Goa] and affiliated to the University of Bombay or South Gujarat University who immediately before the date of commencement of this Act was studying or was eligible for any examination of the University of Bombay or South Gujarat University, shall be permitted to complete his course in preparation therefor, and the University shall provide for such period and in such manner as it may decide for the instruction, teaching and training of such student in accordance with the courses of studies of the University of Bombay or South Gujarat University and such student shall be permitted to appear at the different examinations held by the University of Bombay or South Gujarat University for such period or periods, as the appropriate University may decide, and be eligible to receive the degree, diploma, certificate or any other distinction of the University of Bombay or South Gujarat University.] 83[39A. Taking over of charge of Centre for Post-graduate Instruction and Research .- (1) From such date as may be fixed by the University in consultation with the University of Bombay, the University shall take over charge of the Centre for Post- -graduate Instruction and Research operating in Goa and all rights, interests, titles and liabilities vested in that Centre immediately before that date, shall vest in the University.
(2) The University may, as and when it deems fit, declare that the Centre taken over byit under sub-section (1) shall be closed with effect from such date as may be specified in the declaration and that Centre shall be deemed to be closed accordingly:
Provided that any student who was studying in that Centre immediately before that date, shall be permitted to complete his course of study and the University shall provide him instructions, teaching and training for a period of five years from that date and such student shall be eligible to take such examination:
Provided further that any other student who was eligible for any examination of the University of Bombay immediately before that date may take such examination.] THE SCHEDULE [See section 23(1)] The Statutes of the University 1. The Vice-Chancellor .- (1) The Vice-Chancellor shall be a whole-time salaried officer of the University.
(2) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office:
Provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor is appointed and enters upon his office:
Provided further that the 84[Chancellor] may direct that a Vice-Chancellor, whose term of office has expired, shall continue in office for such period, not exceeding a total period of one year, as may be specified in the direction.
(3) Notwithstanding anything contained in clause (2), a person appointed as Vice-Chancellor shall, if attains the age of sixty-five years during the term of his office or any extension thereof retire from office.
(4) The emoluments and other terms and conditions of service of the Vice-Chancellor shall be as follows :- (i) there shall be paid to the Vice-Chancellor a salary of rupees three thousand per mensem and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the Vice-Chancellor personally in respect of the maintenance of such residence;
(ii) the Vice-Chancellor shall be entitled to such benefits and allowances as may be fixed by the Executive Council with the approval of the 85 [Chancellor] from time to time:
Provided that where an employee of - (a) the University, college or institution; or (b) any other University, college or institution maintained by, or affiliated to, that University; is appointed as Vice-Chancellor, he shall be allowed to continue to contribute to the provident fund to which he is a subscriber and the contribution of the University shall be limited to what he had been contributing immediately before his appointment as Vice-Chancellor.
(iii) the Vice-Chancellor shall be entitled to travelling allowances at such rates as may be fixed by the Executive Council;
(iv) the Vice-Chancellor shall be entitled to leave on full pay for one-eleventh of the period spent by him in active service;
(v) £ the Vice-Chancellor shall also be entitled on medical grounds or otherwise to leave without pay for a period not exceeding three months during the term of his office:
Provided that such leave may be converted into leave on full pay to the extent to which he is entitled to leave under sub-clause (iv).
(5) If the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise or if he is unable to perform his duties owing to absence, illness or any other cause, the senior- -most Professor shall perform the duties of the Vice-Chancellor until a new Vice-Chancellor assumes office or until the existing Vice-Chancellor attends to the duties of his office, as the case may be.
2. Powers and duties of the Vice-Chancellor .- (1) The Vice-Chancellor shall be ex-officio Chairman of the 86[Court], the Executive Council, the Academic Council and the Finance Committee, and shall, in the absence of the 87[ Chancellor] preside at the convocations of the University held for conferring degrees. The Vice-Chancellor shall be entitled to be present at, and to address, any meeting of any authority or other body of the University, but shall not be entitled to vote thereat unless he is a member of such authority or body.
(2) It shall be the duty of the Vice-Chancellor to see that the Act, these Statutes, the Ordinances and the Regulations are duly observed and he shall have all powers necessary to ensure such observance.
(3) The Vice-Chancellor shall have the power to convene or cause to be convened meetings of the 88[Court], the Executive Council, the Academic Council and the Finance Committee.
3. Deans of Faculties .- (1) Every Dean of a Faculty shall be appointed by the Vice- Page Chancellor from amongst the Professors in the Faculty for a period of three years and he shall be eligible for re-appointment:
Provided that a Dean on attaining the age of sixty years shall cease to hold office:
Provided further that if at any time there is no Professor in a Faculty, the Vice-Chancellor shall exercise the powers of the Dean of the Faculty.
(2) When the office of the Dean is vacant or when he is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of his office shall be performedby such person as the Vice-Chancellor may appoint for the purpose.
(3) The Dean shall be the Head of the Faculty and shall be responsible for the conduct and maintenance and the standards of teaching and research in the Faculty.
(4) The Dean shall have such other functions as may be prescribed by the Ordinances.
(5) The Dean shall have the right to be present and speak at any meeting of the Boards of Studies or Committees of the Faculty, as the case may be, but shall not have the right to vote thereat unless he is a member thereof.
4. Registrar .- (1) The Registrar shall be a whole-time salaried officer of the University.
(2) The emoluments and other terms and conditions of service of the Registrar shall be, such as may be prescribed by the Ordinances:
Provided that the Registrar shall retire on attaining the age of sixty years: of sixty Que Registrar shall be, such as Provided further that a Registrar shall, notwithstanding his attaining the age of sixty years continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year whichever is earlier.
(3) When the office of the Registrar is vacant or when the Registrar is, by reasons of illness, absence or any other cause, unable to perform the duties of his Office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.
(4) (a) The Registrar shall have power to take disciplinary action against such of the employees, excluding teachers of the University and the academic staff, as may be specified in the orders of the Executive Council, and to suspend them pending inquiry, to administer warning to them or to impose on them the penalty of censure or the withholding of increment:
Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified in sub-clause (a).
(c) In a case where the inquiry discloses that a punishment beyond the powers of the Registrar is called for, the Registrar shall upon conclusion of the inquiry, make a report to the Vice- Chancellor along with his recommendations:
Provided that an appeal shall lie to the Executive Council against an order of the Vice- -Chancellor imposing any penalty.
(5) The Registrar shall be ex-officio Member-Secretary of the 89[Court], and shall also be ex- officio Secretary of the Executive Council, the Academic Council and the Boards of studies butshall not be deemed to be a member of any of these authorities.
(6) It shall be the duty of the Registrar,- (a) to be the custodian of the records, the common seal and such other property of the University as the Executive Council shall commit to his charge;
(b) to issue all notices convening meetings of the 90[Court], the Executive Council, the Academic Council, the Boards of studies, the Boards of Examiners and of any Committees appointed by the authorities of the University;
(c) to keep the minutes of all the meetings of the 91[Court], the Executive Council, the Academic Council, the Boards of studies, the Boards of Examiners and of any Committees appointed by the authorities of the University;
(d) to conduct the official correspondence of the 92[Court], the Executive Council and the Academic Council;
(e) to supply to the 93[Chancellor], copies of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of such meetings;
(f) to represent the University in suits or proceedings by or against the University, sign powers of attorney and verify pleadings or depute his representative for the purpose; and (g) to perform such other duties as may be specified in these Statutes, the Ordinances or the Regulations or as may be required, from time to time, by the Executive Council or the Vice- -Chancellor.
5. Finance Officer .- (1) The Finance Officer shall be a whole-time salaried officer of the University.
(2) The emoluments and other terms and conditions of service of the Finance Officer shall be such as may be prescribed by the Ordinances:
Provided that a Finance Officer shall retire on attaining the age of sixty years:
Provided further that the Finance Officer shall, notwithstanding his attaining the age of sixty years, continue in office until his successor is appointed and enters upon his office, or until the expiry of a period of one year, whichever is earlier. When the office of the Blues dance, or until the expiry (3) When the office of the Finance Officer is vacant or the Finance Officer is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.
(4) The Finance Officer shall be ex-officio Secretary of the Finance Committee, but shall not be deemed to be a member of such Committee.
(5) The Finance Officer shall,- (a) exercise general supervision over the funds of the University and shall advise it as regards its financial policy;
(b) perform such other financial functions as may be assigned to him by the Executive Council or as may be prescribed by those Statutes or the Ordinances:
Provided that the Finance Officer shall not incur any expenditure or make any investment exceeding ten thousand rupees without the previous approval of the Executive Council.
(6) Subject to the control of the Executive Council, the Finance Officer shall,- (a) hold and manage the property and investments of the University including trust and endowed property;
(b) ensure that the limits fixed by the Executive Council for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purposes for which they are granted or allotted;
(c) be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Executive Council;
(d) keep a constant watch on the state of the cash and bank balances and on the state of investments;
e) watch the progress of the collection of revenue and advise on the methods of collection employed;
(f) ensure that the registers of buildings, land, furniture and equipments are maintained up -- to-date and that stock-checking is conducted, of equipment and other consumable materials in all offices, Special Centres, Specialised Laboratories, colleges and institutions maintained by the University;
(g) call for explanation for unauthorised expenditure and for other financial irregularities and suggest disciplinary action against persons at fault; and (h) call for from any office, Centre, laboratory, college or institution maintained by the University, any information or returns that he may consider necessary for the performance of his duties.
(7) The receipt of the Finance Officer or of the person or persons duly authorised in this behalf by the Executive Council for any money payable to the University shall be sufficient discharge for payment of such money.
6. Meetings of the 94[Court] .- (1) An annual meeting of the 95[Court] shall be held on a date to be fixed by the Executive Council unless some other date has been fixed by the %[Court] in respect of any year.
(2) At an annual meeting of the 97[Court], a report of the working of the University during the previous year, together with a statement of the receipts and expenditure, the balance-sheet, as audited, and the financial estimates for the next year shall be presented.
(3) A copy of the statement of receipts and expenditure, the balance-sheet and the financial estimates referred to in clause (2) shall be sent to every member of the 98[Court] at least seven days before the date of the annual meeting. ad' (4) Twelve members of the 99[Court] shall form a quorum for a meeting of the 100[Court].
(5) Special meetings of the 101[Court] may be convened by the Executive Council or the Vice- -Chancellor, or, if there is no Vice-Chancellor, by the Registrar.
7. Quorum for meetings of the Executive Council .- Five members of the Executive Council shall form a quorum for a meeting of the Executive Council.
8. Power and functions of the Executive Council .- (1) The Executive Council shall have the management and administration of the revenue and property of the University and the conduct of all administrative affairs of the University not otherwise provided for.
(2) Subject to the provisions of this Act, these Statutes and the Ordinances, the Executive Council shall, in addition to all other powers vested in it, have the following powers, namely :- (i) to create teaching and academic posts, to determine the number and emoluments of such posts and to define the duties and conditions of service of Professors, Readers, Lecturers, and other academic staff and Principals of colleges and institutions maintained by the University:
Provided that no action shall be taken by the Executive Council in respect of the number, qualifications and the emoluments of teachers of the University and academic staff otherwise than after consideration of the recommendations of the Academic Council;
(ii) to appoint such Professors, Readers, Lecturers and other academic staff, as may be necessary, and Principals of colleges and institutions maintained by the University on the recommendation of the Selection Committee constituted for the purpose and to fill up temporary vacancies therein;
(iii) to create administrative, ministerial and other necessary posts and to make appointments thereto in the manner prescribed by the Ordinances;
(iv) £ to grant leave of absence to any officer of the University, other than the Chancellor and the Vice-Chancellor, and to make necessary arrangements for the discharge of the functions of such officer during his absence;
(v) to regulate and enforce discipline among employees in accordance with these Statutes and the Ordinances;
(vi) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the University, and for that purpose, to appoint such agents as it may think fit;
(vii) to fix limits on the total recurring and the total non-recurring expenditure for a year on the recommendations of the Finance Committee;
(viii) to invest any money belonging to the University, including any unapplied income, in such stocks, funds, shares or securities as it shall, from time to time, think fit, or in the purchase of immovable property in India, with the like powers of varying such investments from time to Time;
(ix) to transfer or accept transfers of any movable or immovable property on behalf of the University;
(x) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the University;
(xi) to enter into, vary, carry out and cancel contracts on behalf of the University;
(xii) to entertain, adjudicate upon, and, if thought fit, to redress any grievances of the employees and students of the University, who may, for any reason feel aggrieved;
(xiii) to appoint examiners and moderators and, if necessary to remove them, and to fix their fees, emoluments and travelling and other allowances, after consulting the Academic Council;
(xiv) to select a common seal for the University and provide for the custody and use of such seal;
(xv) to make such special arrangements as may be necessary for the residence and discipline of women students;
(xvi) to delegate any of its powers to the Vice-Chancellor, the Registrar or the Finance Officer or such other employee or authority of the University or to a Committee appointed by it as it may deem fit;
(xvii) to institute the fellowships, studentships, medals and prizes; and (xviii) to exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act, or these Statutes.
9. Quorum for meetings of the Academic Council .- Nine members of the Academic Council shall form a quorum for a meeting of the Academic Council.
10. Powers of the Academic Council .- Subject to this Act, these Statutes and the Ordinances, the Academic Council shall, in addition to all other powers vested in it, have the following powers, namely :- (a) to exercise general supervision over the academic policies of the University and to give directions regarding methods of instruction, co-operative teaching among colleges and institutions, evaluation of research or improvements in academic standards;
(b) to bring about inter-faculty co-ordination, to establish or appoint Committees or Boards, for taking up projects on an inter-school basis;
(c) to consider matters of general academic interest either on its own initiative or on a reference by a faculty or the Executive Council and to take appropriate action thereon; and (d) to frame such regulations and rules consistent with these Statutes and the Ordinances regarding the academic functioning of the University, discipline, residences, admissions, award of fellowships and studentships, fee concessions, corporate life and attendance.
11. The Planning Board .- (1) The Planning Board shall consist of the following members, namely:
(i) the Vice-Chancellor, who shall be the Chairman of the Board; and (ii) not more than five members of high academic standing.
(2) The members of the Planning Board shall be appointed by the 102 [Chancellor] and shall hold office for such period as he may determine.
(3) The Planning Board shall, in addition to all other powers vested in it by this Act, have the right to advise the Executive Council and the Academic Council on any academic matter.
12. Faculties and Departments .- (1) The University shall have such Faculties as may be specified by the Ordinances.
(2) Every Faculty shall have a Faculty Board and the members of the first Faculty Board shall be nominated by the Executive Council and shall hold office for a period of three years.
(3) The powers and functions of a Faculty Board shall be prescribed by the Ordinances.
(4) The conduct of the meetings of a Faculty Board and the quorum required for such meetings shall be prescribed by the Ordinances.
(5) (a) Each Faculty shall consist of such Departments as may be assigned to it by the Ordinances.
(b) No Department shall be established or abolished except by these Statutes: Department shall computers of the University as the Provided that the Executive Council may, on the recommendation of the Academic Council, establish Centres of Studies to which may be assigned such teachers of the University as the Executive Council may consider necessary.
(c) Each Department shall consist of the following members, namely :- (i) Dean of the Faculty or Deans of the Faculties concerned;
(ii) honorary Professors, if any, attached to the Department;
(iii) teachers of the Department;
(iv) persons conducting research in the Department; and (v) such other persons as may be members of the Department in accordance with the provisions of the Ordinances.
13. Boards of Studies .- (1) Each Department shall have two Boards of Studies, one for Post- -Graduates studies and another for Under Graduate studies.
(2) The constitution of Board of Post-Graduate studies and the term of office of its members shall be prescribed by the Ordinances.
(3) The functions of a Board of Post-Graduate Studies shall be to approve subjects for research for various degrees and other requirements of research degrees and to recommend to the concerned Faculty Board in the manner prescribed by the Ordinances- (a) courses of studies and appointment of examiners for Post-Graduate courses, but excluding research degrees;
(b) appointment of Professors of research; and (c) measures for the improvement of the standard Post-Graduate teaching and research:
Provided that the functions of a Board of Post-Graduate studies shall, during the period of three years immediately after the commencement of this Act, be performed by the Department.
(4) The constitution and functions of a Board of Under-Graduate studies and the term of office of its members shall be prescribed by the Ordinances.
14. Finance Committee .- (1) The Finance Committee shall consist of the following members, namely: - (i) the Vice-Chancellor;
(ii) three persons nominated by the Executive Council, out of whom at least one shall be a member of the Executive Council; and (iii) three persons nominated by the 103[Chancellor].
(2) Five members of the Finance Committee shall form a quorum for a meeting of the Finance Committee.
(3) All the members of the Finance Committee, other than the Vice-Chancellor and the members of the Executive Council shall hold office for a term of three years.
(4) A member of the Finance Committee shall have the right to record a minute of dissent if he does not agree with any decision of the Finance Committee.
(5) The Finance Committee shall meet at least twice every year to examine the accounts and to scrutinise proposals for expenditure.
(6) The annual accounts and the financial estimates of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Executive Council for approval.
(7) The Finance Committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on income and resources of the University (which, in the case of productive works, may include the proceeds of loans).
15. Selection Committee .- (1) There shall be Selection Committees for making recommendations to the Executive Council for appointment to the posts of Professor, Reader, Lecturer, Librarian and Principals of colleges and institutions maintained by the University.
(2) The Selection Committee for appointment to the posts specified in column I of the Table below shall consist of the Vice-Chancellor, a nominee of the 104[Chancellor] and the persons specified in column 2 of the said Table and, in the case of appointment of a Professor, Reader or Lecturer in a Department where there is no Head of the Department, shall also consist of a person nominated by the Planning Board from its members. TABLE (1) (2) Professor (i) The Dean of the School concerned; (ii)The Head of e Department/Centre concerned, if he is a Professor and not a Dean;
(iii) One Professor, to be nominated by the Vice -- Chancellor; and (iv)Three persons, not in the service of the University nominated by the Executive Council, out of a panel of names recommended by the Academic Council for their special knowledge of or interest in the subject with which the Professor as the case may be will be concerned Reader/Lecturer (i) The Dean of the School concerned; (ii)The Head of the Department/Centre concerned if he is not a Dean; (iii)One Professor to be nominated by the Vice -- Chancellor; and Librarian (iv)Two persons not in the service of the University nominated by the Executive Council out of a panel of names recommended by the Academic Council for their special knowledge of or interest in the subject with which the Reader/Lecturer, as the case may be, will be concerned.
(i) Two persons not in the service of the University, who have special knowledge of the subject of Library Science, or Library Administration, to be nominated by the Executive Council; and (ii) One person, not in the service of the University, nominated by the Executive Council. Principal of College and Institution maintained by University. Three persons not in the service of the University ofwhom two shall be nominated by the Executive Council and one by the Academic Council for their special knowledge of or interest in a subject in which instruction is being provided by the College or Institution. Note:
1) Where the appointment is being made for an interdisciplinary project, the Head of the project shallbe deemed to be the Head of Department/Centre concerned.
2) The Professor to be nominated shall be a Professor concerned with the speciality for which the selection is being made and that the Vice-Chancellor shall consult the Head of Department/Centre and the Dean of School before nominating the Professor.
3) The Vice-Chancellor shall preside at the meetings of the Selection Committees.
4) The meetings of a Selection Committee shall be convened by the Vice-Chancellor or in his absence, by the Registrar.
5) The procedure to be followed by a Selection Committee in making recommendations shall be suchas may be laid down in the Ordinances.
6) If the Executive Council is unable to accept the recommendations made by a Selection Committee, it shall record its reasons and submit the case to the" 105 [Chancellor] for final orders.
7) Appointments to temporary posts shall be made in the manner indicated below: - (i) If the temporary vacancy is for a duration longer than one academic session, it shall be filled on the advice of the Selection Committee in accordance with the procedure indicated in the foregoing clauses:
Provided that if the Vice-Chancellor is satisfied that in the interests of work it is necessary tofill the vacancy, the appointment may be made on a purely temporary basis by a local Selection Committee referred to in sub-clause (ii) for a period not exceeding six months.
(ii) If the temporary vacancy is for a period less than a year, an appointment to such vacancy shall be made on the recommendation of a local Selection Committee consisting of the Dean of the Faculty concerned, the Head of the Department and a nominee of the Vice-Chancellor:
Provided that if the same person holds the offices of the Dean and the Head of the Department, the Selection Committee may contain two nominees of the Vice-Chancellor:
Provided further that in case of sudden casual vacancies in teaching posts caused by death or any other reason, the Dean may, in consultation with the Head of the Department concerned make a temporary appointment for a month and report to the Vice-Chancellor and the Registrarabout such appointment.
(iii) No teacher appointed temporarily shall, if he is not recommended by a regular Selection Committee for appointment under these Statutes, be continued in service on such temporary employment, unless he is subsequently selected by a local Selection Committee or a regular Selection Committee, for a temporary or permanent appointment, as the case may be.
16. Special mode of appointment .- (1) Notwithstanding anything contained in Statute 15, the Executive Council may invite a person of high academic distinction and professional attainments to accept a post of Professor in the University on such terms and conditions as it deems fit, and on the person agreeing to do so, appoint him to the post.
(2) The Executive Council may appoint a teacher or any other academic staff working in any other University or organisation for undertaking a joint project in accordance with the manner laid down in the Ordinances.
17. Appointment for a fixed tenure .- The Executive Council may appoint a person selected in accordance with the procedure laid down in Statute 15 for a fixed tenure on such terms and conditions as it deems fit.
18. Recognised teachers .- (1) The qualifications of recognised teachers shall be such as may be prescribed by the Ordinances.
(2) The manner of recognising teachers and withdrawal of such recognition shall be prescribed by the Ordinances.
(3) The period of recognition of a teacher shall be determined by the Ordinances.
19. Committees .- Any authority of the University may appoint as many standing or special committees as it may deem fit, and may appoint to such committees persons who are not members of such authority. Any such committee may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing it.
20. Terms and conditions of service of University teachers .- (1) All the teachers of the University shall in the absence of any agreement to the contrary, be governed by the terms and conditions of service as specified in these Statutes, the Ordinances and the Regulations.
(2) Every teacher of the University shall be appointed on a written contract, the form of which shall be prescribed by the Ordinance. A copy of the contract shall be deposited with the Registrar.
21. Seniority lists .- (1) Whenever, in accordance with these Statutes, any person is to hold an office or be a member of an authority of the University by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade, and, in accordance with such other principles as the Executive Council may, from time to time, prescribe.
(2) It shall be the duty of the Registrar to prepare and maintain, in respect of each class of persons to whom the provisions of these Statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause (1).
(3) If two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in doubt, the Registrar may, on his own motion and shall, at the request of any such person, submit the matter to the Executive Council whose decision thereon shall be final.
22. Removal of teachers .- (1) Where there is an allegation of misconduct against a teacher, or a member of the academic staff, the Vice-Chancellor may, if he thinks fit, by order in writing, place the teacher under suspension and shall forthwith report to the Executive Council the circumstances in which the order was made:
Provided that the Executive Council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or a member of the academic staff, revoke such order.
(2) Notwithstanding anything contained in the terms of his contract of service or of his appointment, the Executive Council shall be entitled to remove a teacher or a member of the academic staff on the ground of misconduct.
(3) Save as aforesaid, the Executive Council shall not be entitled to remove a teacher or a member of the academic staff except for good cause and after giving three months' notice in writing or on payment of three months' salary in lieu of notice.
(4) No teacher or a member of the academic staff shall be removed under clause (2) or under clause (3) until, he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(5) The removal of a teacher or a member of the academic staff shall require a two-thirds majority of the members of the Executive Council present and voting.
(6) The removal of a teacher or a member of the academic staff shall take effect from the date on which the order of removal is made:
Provided that where a teacher or a member of the academic staff is under suspension at the timeof his removal, the removal shall take effect from the date on which he was placed undersuspension.
(7) Notwithstanding anything contained in these Statutes, a teacher or a member of the academic staff may resign by giving three months' notice in writing to the Executive Council or on payment to the University of three months' salary in lieu thereof.
23. Removal of employees other than teachers of the University .- (1) Notwithstanding anything contained in the terms of his contract of service or his appointment, an employee, other than a teacher or a member of the academic staff, may be removed by the authority which is competent to appoint the employee- (a) if he is of unsound mind or is a deaf-mute or suffers from contagious leprosy;
(b) if he is an undischarged insolvent; de (c) if he has been convicted by a court of law of any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months;
(d) if he is otherwise guilty of misconduct: his lin six mor Provided that no employee shall be removed from his office unless a resolution to that effect is passed by the Executive Council by a majority of not less than two-thirds of its members present and voting.
(2) No employee shall be removed under clause (1) until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(3) Where the removal of such employee is for a reason other than that specified in sub-clause (c) or sub-clause (d) of clause (1), he shall be given three months' notice in writing or paid three months' salary in lieu of such notice.
(4) Notwithstanding anything contained in these Statutes, an employee, not being a teacher or a member of the academic staff, shall be entitled to resign,- (i) if he is a permanent employee, only after giving three months' notice in writing to the appointing authority or paying to the University three months' salary in lieu thereof;
(ii) if he is not a permanent employee, only after giving one month's notice in writing to the appointing authority or paying to the University one month's salary in lieu thereof:
Provided that such resignation shall take effect from the date on which the resignation is accepted by the appointing authority.
24. Honorary degrees .- (1) The Executive Council may, on the recommendation of the Academic Council and by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to the 106 [Chancellor] for the conferment of honorary degrees- Provided that in case of emergency, the Executive Council may, on its own, make such proposals- (2) The Executive Council may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw with the previous sanction of the 107 [Chancellor], any honorary degree conferred by the University.
25. Withdrawal of degrees, etc .- The Executive Council may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw any degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the University for good and sufficient cause:
Provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon him to show cause within such time as may be specified in the notice why such a resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the Executive Council.
26. Maintenance of discipline among students of the University .- (1) All powers relating to discipline and disciplinary action in relation to students of the University shall vest in the Vice- Chancellor.
(2) The Vice-Chancellor may delegate all or any of his powers as he deems proper to the Registrar and to such other officers as he may specify in this behalf.
(3) Without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of discipline, the Vice- Chancellor may, in the exercise of his powers, by order, direct that any student or students beexpelled or rusticated for a specified period or be not admitted to a course or courses of study in a college, institution or Department of the University for a stated period or be punished with fine for an amount to be specified in the order or be debarred from taking an examination or examinations conducted by the University, college, institution or a Department for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or theyhave appeared be cancelled.
(4) The Principals of colleges, institutions, Heads of Special Centres, Deans of Faculties and Head of teaching Departments in the University shall have the authority to exercise all such disciplinary powers over the students in their respective colleges, institutions, Special Centres, Faculties and teaching Departments in the University as may be necessary for the proper conductof such colleges, institutions, Special Centers, Faculties and teaching in the Departments.
(5) Without prejudice to the powers of the Vice-Chancellor, the Principals and other persons specified in clause (4), detailed rules of discipline and proper conduct shall be made by the University. The Principals of colleges, institutions, Heads of Special Centers, Deans of Schools of Studies and Heads of teaching Departments in the University may also make such supplementary rules as they deem necessary for the aforesaid purposes. Every student shall be supplied with a copy of the rules made by the University and a copy of the supplementary rules shall be suppliedto the students concerned.
(6) At the time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and other authoritiesof the University.
27. Convocations .- Convocations of the University for the conferring of degrees or for other purposes shall be held in such manner as may be prescribed by the Ordinances.
28. Acting Chairman of meetings .- Where no provision is made for a President or Chairman to preside over a meeting of any authority of the University or any committee of such authority or when the President or Chairman so provided for is absent, the members present shall elect one from among themselves to preside at such meeting.
29. Resignation .- Any member, other than an ex-officio member of the 108[Court], the Executive Council, the Academic Council or any other authority of the University or any Committee of such authority may resign by letter addressed to the Registrar and the resignation shall take effect as soon as such letter is received by the Registrar.
30. Disqualifications .- (1) A person shall be disqualified for being chosen as, and for being, a member of any of the authorities of the University- (a) if he is of unsound mind or is a deaf, mute or suffers from contagious leprosy;
(b) if he is an undischarged insolvent;
(c) if he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months.
(2) If any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of the 109 [Chancellor] and his decision shall be final and no suit or other proceeding shall lie in any civil court against such decision.
31. Residence condition for membership and office .- Notwithstanding anything contained in these Statutes, no person who is not ordinarily resident in India shall be eligible to be an officer of the University or a member of any authority of the University.
32. Membership of authorities by virtue of membership of other bodies .- Notwithstanding anything contained in these Statutes, a person who holds any post in the University or is a member of any authority or body of the University in his capacity as member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be.
33. Ordinance how made .- (1) The first Ordinances made under sub-section (2) of section 24 may be amended, repealed or added to at any time by the Executive Council in the manner specified below. e (2) No Ordinance in respect of the matters enumerated in section 24, other than those enumerated in clause (m) of sub-section (1) thereof shall be made by the Executive Council unless a draft of such Ordinance has been proposed by the Academic Council.
(3) The Executive Council shall not have power to amend any draft of any Ordinance proposed by the Academic Council under clause (2), but may reject the proposal or return the draft to the Academic Council for re-consideration, either in whole or in part, together with any amendment which the Executive Council may suggest.
(4) Where the Executive Council has rejected or returned the draft of an Ordinance proposed by the Academic Council, the Academic Council may consider the question afresh and in case the original draft is re-affirmed by a majority of not less than two-thirds of the members present and voting and more than half the total number of members of the Academic Council, the draft may be sent back to the Executive Council which shall either adopt it or refer it to the 110[Chancellor] whose decision shall be final.
(5) Every Ordinance made by the Executive Council shall come into effect immediately.
(6) Every Ordinance made by the Executive Council shall be submitted to the 111[Chancellor] within two weeks from the date of its adoption. The 112[Chancellor] shall have the power to direct the University within four weeks of the receipt of the Ordinance to suspend the operation of any such Ordinance and he shall, as soon as possible, inform the Executive Council about his objectionto the proposed Ordinance. The 113[Chancellor] may, after receiving the comments of the University, either withdraw the order suspending the Ordinance or disallow the Ordinance, and his decision shall be final.
34. Regulations .- (1) The authorities of the University may make Regulations consistent with this Act, and these Statutes and the Ordinances :- (a) laying down the procedure to be observed at their meetings and the number of members required to form a quorum;
(b) providing for all matters which are required by this Act, these Statutes or the Ordinances to be prescribed by Regulation; and (c) providing for all other matters solely concerning such authorities or committees appointed by them and not provided for by this Act, these Statutes or the Ordinances.
(2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meetings and the business to be considered at meetings and for the keeping of a record of the proceedings of meetings (3) The Executive Council may direct the amendment in such manner as it may specify of any Regulation made under this Statute or the annulment of any such Regulation.
35. Delegation of Powers .- Subject to the provisions of this Act and these Statutes, any officer or authority of the University may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers. U. D. SHARMA, Secretary to the Government of Goa, Daman and Diu, Law Department, (Legal Advice) Secretariat, Panaji-Goa. Dated: 1st December, 1984 IndiaCode 1 Substituted by the Amendment Act 21 of 1985. 2 Inserted by the Amendment Act 15 of 1988. 3 Substituted by the Amendment Act 15 of 1988. 4 Inserted by the Amendment Act 19 of 2003. 5 Clause 16 deleted by the Amendment Act 15 of 1988. 6 Clause 20 deleted by the Amendment Act 15 of 1988. 7 Substituted by the Amendment Act 15 of 1988. Substituted by the Amendment Act 15 of 1988. 9 Substituted by the Amendment Act 15 of 1988. 10 Substituted by the Amendment Act 15 of 1988. 11 Substituted by the Amendment Act 15 of 1988. 12 Substituted by the Amendment Act 15 of 1988. 13 Substituted by the Amendment Act 15 of 1988. 14 Substituted by the Amendment Act 21 of 1985. 15 Substituted by the Amendment Act 15 of 1988. 16 Substituted by the Amendment Act 15 of 1988. 17 Substituted by the Amendment Act 15 of 1988. 18 Substituted by the Amendment Act 3 of 2000. 19 The word "Lieutenant" deleted by the Amendment Act 15 of 1988. 20 Substituted by the Amendment Act 15 of 1988. 21 Substituted by the Amendment Act 3 of 2000. 22 Substituted by the Amendment Act 3 of 2000. 23 Substituted by the amendment Act 3 of 2000 24 Substituted by the Amendment Act 3 of 2000. 25 Substituted by the Amendment Act 3 of 2000. 26 Substituted by the Amendment Act 3 of 2000. 27 Substituted by the Amendment Act 3 of 2000. 28 Substituted by the Amendment Act 3 of 2000. 29 Substituted by the Amendment Act 3 of 2000. 30 Substituted by the Amendment Act 3 of 2000. 31 Substituted by the Amendment Act 3 of 2000. 32 Substituted by the Amendment Act 3 of 2000. 33 Substituted by the Amendment Act 3 of 2000. 34 Substituted by the Amendment Act 3 of 2000. 35 Substituted by the Amendment Act 3 of 2000. 36 Inserted by the Amendment Act 3 of 2000. 37 The words "The Chancellor" omitted by the Amendment Act 3 of 2000. 38 Section 10 omitted by the Amendment Act 3 of 2000. 39 Substituted by the Amendment Act 3 of 2000. 40 Substituted by the Amendment Act 3 of 2000 41 Inserted by the amendment Act 12 of 2016 42 Section 15-A inserted by the Amendment Act 23 of 2002. Thereafter it was substituted by the Amendment Act 11 of 2006 and Amendment Act 21 of 2009. 43 Substituted vide the Goa University (Amendment) Act 2017 (Act No. 3 of 2017) published in the Official Gazette, Series I No. 7 (Extraordinary-2) dated 24-5-2017 and came into force at w.e.f. 26-12-2016 44 Proviso omitted vide the Goa University (Amendment) Act 2017 (Act No. 3 of 2017) published in the Official Gazette, Series I No. 7 (Extraordinary-2) dated 24-5-2017 and came into force at w.e.f. 26-12-2016 said proviso read as follows: "Provided that any member of the teaching staff referred to above who is due to retire on superannuation at sixty two yearssuch member of the teaching staff shall be allowed to retire from the afternoon of the last day of the month in which age of superannuation is attained" 45 Inserted vide the Goa University (Amendment) Act 2017 (Act No. 3 of 2017) published in the Official Gazette, Series I No. 7 (Extraordinary-2) dated 24-5-2017 and came into force at w.e.f. 26-12-2016 46 Inserted by the Amendment Act 23 of 2002. Thereafter substituted by the Amendment Act 11 of 2006 47 Inserted by the Amendment Act 23 of 2002. 48 The words "teaching or" omitted by the Amendment Act 11 of 2006. 49 The words "including Principals of such colleges" omitted by the Amendment Act 11 of 2006. 50 Substituted by the Amendment Act 15 of 1988. 51 Substituted by the Amendment Act 15 of 1988. 52 Substituted by the Amendment Act 15 of 1988. 53 Substituted by the Amendment Act 15 of 1988. 54 Substituted by the Amendment Act 3 of 2000. 55 Substituted by the Amendment Act 3 of 2000. 56 Substituted by the Amendment Act 3 of 2000. 57 Substituted by the Amendment Act 3 of 2000. 58 Substituted by the Amendment Act 3 of 2000. 59 Section 25A and 25 B inserted by the amendment Act 19 of 2003. 60 Substituted by the Amendment Act 15 of 1988. 61 Substituted by the Amendment Act 15 of 1988. 62 Substituted by the Amendment Act 15 of 1988. 63 Substituted by the Amendment Act 15 of 1988. 64 Substituted by the Amendment Act 15 of 1988. 65 Substituted by the Amendment Act 3 of 2000. 66 Substituted by the Amendment Act 3 of 2000. 67 Substituted by the Amendment Act 15 of 1988. 68 Substituted by the Amendment Act 3 of 2000. 69 Substituted by the Amendment Act 15 of 1988. 70 Substituted by the Amendment Act 3 of 2000. 71 Substituted by the Amendment Act 3 of 2000. 72 Substituted by the Amendment Act 3 of 2000. 73 Substituted by the Amendment Act 3 of 2000. 74 Substituted by the Amendment Act 3 of 2000. 75 Substituted by the Amendment Act 3 of 2000. 76 Substituted by the Amendment Act 3 of 2000. 77 Substituted by the Amendment Act 15 of 1988. 78 Substituted by the Amendment Act 3 of 2000. 79 Substituted by the Amendment Act 3 of 2000. 80 Substituted by the Amendment Act 3 of 2000. 81 Substituted by the Amendment Act 8 of 1987. 82 Substituted by the Amendment Act 15 of 1988. 83 Inserted by the Amendment Act 8 of 1987 84 Substituted by the Amendment Act 3 of 2000. 85 Substituted by the Amendment Act 3 of 2000. 86 Substituted by the Amendment Act 15 of 1988. 87 Substituted by the Amendment Act 21 of 1985. 88 Substituted by the Amendment Act 15 of 1988. 89 Substituted by the amendment Act 15 of 1988. 90 Substituted by the Amendment Act 15 of 1988. 91 Substituted by the Amendment Act 15 of 1988. 92 Substituted by the Amendment Act 15 of 1988. 93 Substituted by the Amendment Act 3 of 2000. 94 Substituted by the Amendment Act 15 of 1988. 95 Substituted by the Amendment Act 15 of 1988. 96 Substituted by the Amendment Act 15 of 1988. 97 Substituted by the Amendment Act 15 of 1988. 98 Substituted by the Amendment Act 15 of 1988. 99 Substituted by the Amendment Act 15 of 1988. 100 Substituted by the Amendment Act 15 of 1988. 101 Substituted by the Amendment Act 15 of 1988. 102 Substituted by the Amendment Act 3 of 2000. IndiaCode 103 Substituted by the Amendment Act 3 of 2000. 104 Substituted by the Amendment Act 3 of 2000. 105 Substituted by the Amendment Act 3 of 2000. 106 Substituted by the Amendment Act 3 of 2000. 107 Substituted by the Amendment Act 3 of 2000. 108 Substituted by the Amendment Act 15 of 1988. 109 Substituted by the Amendment Act 3 of 2000. 110 Substituted by the Amendment Act 3 of 2000. 111 Substituted by the Amendment Act 3 of 2000. 112 Substituted by the Amendment Act 3 of 2000. 113 Substituted by the Amendment Act 3 of 2000. IndiaCode
Section 39, The Goa University Act, 1984 (Act 7 of 1984).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Questions about Section 39
How do I find court cases under Section 39 of the Goa University Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: GOA University Act 1984 39, section 39 GOA University Act 1984, section 39 of the Goa University Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 39 of the Goa University Act, and has it changed?
Its own text turns on section 10, section 15 (Other Officers), section 23 (Statutes how made), section 24 (Ordinances), and on 1 further provision, so none of them can safely be read on its own.
When was the Goa University Act enacted?
Goa University Act was enacted in 1984 as Act 7 of 1984. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 8. 657 words
- 5. Powers of the University557 words
- 15. Other Officers440 words
- 22. Statutes381 words
- 24. Ordinances356 words
- 2. Definitions324 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/207897c9-5f9a-4734-b37f-0316fda78a33.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/16c30cc9-0e10-4f15-b1fa-a13bf8f0cf49/content). This page is not a substitute for legal advice.