 ACTS OF UNIVERSITIES - SOME MAJOR
 FINDINGS

[Analysis of Acts . Findings]

The Universities in India are statutory bodies whose emergence and existence necessarily need a legislative sanction.

4.0 ACTS OF UNIVERSITIES

The objectives of the Universities are specified in the Acts. The basic outline and general demarcation of University Authorities are pronounced in the Acts passed by the legislature or the Parliament. Any change in the role and powers of the University authorities can be brought about only by appropriate amendments of the Acts. The Statutes are Usually the elaboration of the Acts. The Changes in the Statutes can be made only with the approval of a government level body/ authority like the Chancellor/Visitor.

4.1 UNIFORMITY IN STRUCTURE

The Acts and Statutes are strikingly similar though not identical in most of the major respects. There are very few substantial variations among the State University acts or among the Central University Acts. In many instances (such as the Uttar Pradesh Universities Act, Karnataka State Universities Act, M.P. State Universities Act) there has been enacted a common piece of legislation governing all the Universities within a State.

Even in those States where there are differences between different University Acts due to historical reasons, there has been a constant attempt to bring about a uniform character among various Universities.

There have been several instances of numerous amendments to the University Acts (e.g. Madras University Act was amended eleven times upto the latest amendment in 1983; Delhi University Act got amended six times upto 1981; the amendments were incorporated in the Alligarh Muslim University Act for as many as 15 times). This has been generally done to update and revise the older Acts at par with those of recent origin. In this process of 'homogenisation', Universities which traditionally enjoyed

better autonomy and independence were brought closer to the Universities which are operationally controlled by the respective State Governments or the Centre.A cursory glance into the format and content of various University Acts across the country gives an impression that there are differences only in degree and not in kind. The objectives, chapter scheme, the sequence of sections in the act and the phrases and the terminologies have remained almost the same over the period and among the various regions. There are only slight variations in length, in detail, in nomenclature; but the cut is the same; corresponding authorities and similar officers with like functions. Though the same general description is filled into each enactment, each University shapes itself according to its own leadership and situation, uses its own constitution in a different way.

4.2 AUTHORITIES AND BODIES

The Acts provide for "Authorities" which have defined powers and 'bodies' which are generally advisory in character. there has been a general uniformity in the constitution and composition of the authorities and bodies, despite some minor variations in the mode of election/nomination of certain sections of members in these bodies.

4.2.1 SENATE/COUR

The Senate (or Court, as it is called in some universities) is a larger body representing diverse groups from academics and other social groups, mostly elected. In some Universities the non-academic groups in the Senate include local bodies, non-teaching staff, representaives of trade unions, women's bodies, commerce and industry, progressive farmers (in Agricultural Universities registered graduates, Co-operative Societies and College Management in addition to MPs, MLAs, MLCs and Government nominees, student representatives, Alumni etc. In a few universities such as Banaras Hindu University, Kakatiya University and Allahabad University the Senate consists of mostly nominated members. In Kerala University and Bombay University, a wide cross- section of the society finds represented in the Senate in Delhi University and Aligarh Muslim University, the Senate includes their former Vice-Chancellors also. In Karnataka State Universities, reservations have been made for one woman registered graduate and two women students.

In the Courts of some Universities there is representation of students, employees other than teachers, Scheduled Castes and Scheduled Tribes etc. also, as indicated below:-

- Students (Universities in Maharshtra., U.P., M.P., and Karnataka )

- Employees other than teachers (Universities in Maharashtra)

- Scheduled Castes and Scheduled Tribes (Madras and Madurai)

- The Agriculture Universities have no Court and the powers and functions of the Court and the Executive Council are vested in the Board of Management.

- In the University system the court or Senate has traditionally enjoyed the position as the supreme authority. While this position continues in many universities even today, in a number of universities, either by revising the Acts or in the Acts of newly established universities, the position of supermacy has been revised to that of an advisory body.

4.2.2 SYNDICATE/EXECUTIVE COUNCIL

The Syndicate(or Executive Council as it is called in some universities), being the executive body, is a small body, usually consisting of not more than 20 members. The representatives are elected/nominated from amongst the Principals, Teachers, Senators, Academic Council, etc., besides some ex-officio members and Government nominees. The entire Syndicate consists of only ex-officio and nominated members in some Universities; for instances, the Syndicate of Kakatiya University, Allahabad University, Banaras Hindu University and Jawaharlal Nehru University consists of only ex-officio/nominated members. While in most of the Universities, the University faculty members are represented in the Syndicate, in the University of Madras, Madurai Kamaraj University and few other Universities, no teacher in the University is eligible to be elected/nominated to the Syndicate. The proportion of elected members dominates in the Syndicates of many of the State Universities (Kerala University, Bombay University, University of Madras, Karnataka State Universities, SNDT Women's University, etc.).

The study of Acts indicates that:

- Teachers are represented on the Executive Council in almost all the Universities;

- Courts are represented in most of the Universities;

- Academic Council is not always represented;

- Government is represented in all the State Universities;

- Scheduled Castes and Weaker sections are represented in some of the Universities as in Karnataka.

- Legislative Assembly is represented in some of the Universities such as in Andhra Pradesh;

4.2.3ACADEMIC COUNCIL

The Academic Council comprises mostly of the representatives of faculties, principals, University Heads of Departments/Deans, Senate, etc. Most of the members are ex- officio/nominated; there is very limited electoral representation in the Academic Council. In some Universities (e.g. University of Madras, BHU), the Academic Council is too large. In most of the Universities there is provision of members getting in by election; students are generally not given any representation, but in some Universities, the students are given representation (e.g. (Kerala University, Kurukshetra University, Delhi University, Jawaharlal Nehru University, Aligar Muslim University). In Kerala University and Kakatiya University all the Syndicate Members are members of the Academic Council also.

Court is represented on the academic council in the Universities of Madhya Pradesh and Karnataka. Universities of Andhra Pradesh and Karnataka provide for representation of Executive Council on their Academic Councils. Universities in U.P., Karnataka, Andhra Pradesh, Maharashtra, Madhya Pradesh etc., provide for representation of University and Government officials on the Acadmic council. There is a representation of SCs/STs in the Universities of Karnataka. Readers and Lecturers have also been provided representation in quite a few Universities though in very small numbers. Besides ex-officio members and members appointed/nominated, the Academic Council also co-opts a few persons. In the case of some Universities instead of co-option, persons of eminence are nominated by the Chancellor.

4.2.4 OVERLAPPING FUNCTION

The authorities of the University system (Senate, Syndicate and Academic Council) do not have mutually exclusive powers and functions. Most of the decisions taken by one authority are to be approved by or remitted to for information or ratification by other authorities. Though the Syndicate is the apex executive body managing the administration of the

University, it has to seek the policy approval and budget- sanction from the Senate. The Academic Council is primarily concerned with the academic curricula, syllabi and regulations.However, it does not have the ultimate authority over them as most of these are provided under Ordinances, which have to be approved by the Syndicate and not disapproved by the Visitor/Chancellor.

4.2.5. WOMEN'S REPRESENTATION

The reservation for women teachers/students has been granted.in a few University Acts only. Karnataka State University Act, Kurukshetra University Act and Maharishi Dayanand University Act are some of those which provide for at least one woman principal to be represented in their Syndicate. The Karnataka State University Act also provides for two women students and one woman graduate to be represented in the University Senate.

ELECTED/NOMINATED MEMBERS

In most of the Universities the three major bodies have nominated/elected or both persons as their members. In many Universities the elected members are larger in proportion. As a result, the academics are in minority and the academic scene gets vitiated and politicised. Even when they are not in a minority, they are obliged to play passive roles in the presence of powerful non-academic members who dominate. At times the elected members happen to be those who have no authentic connection with University and College affairs.

4.2.6 FACULTIES AND BOARDS OF STUDIES

Faculties and Boards of studies are discipline based. They are not flexible enough and have very little scope of inducting experts from industries, national laboratories, public undertakings etc.

4.3 COMMITTEES

While newer universities Acts have prescribed statutory and other committees to discharge academic and other roles of the Universities, this is not so in many of the older universities. Most of the older universities for instance. do not have provision for Planning Boards, College Development Council, Boards of Extension, Curriculum Development Cell etc.

4.4 AUTONOMOUS COLLEGES

Acts of most of the older Universities do not provide for the grant of autonomy to their colleges. Some universities have a provision to restrict the scope of implementing the autonomy within the frame-work of the conditions laid down by the University e.g. the U.P. State Universities Act, 1973 states that;

"The extent to which the courses may be varied and the, manner of holding the examination conducted by such' (Autonomous) College shall be determined in each case by the University; such a college shall be declared in the manner prescribed, as an Autonomous College."

Perusal of the Acts of several Universities revealed the complete absence of provision for granting autonomy to its departments.

4.5 AFFILIATED COLLEGES

Though most of the University Acts in their preliminary section on objectives, refer to inspection of affiliated colleges and power to withdraw affiliation etc., the official machinery, the periodicity of inspection and other details on inspection follow-up are not clearly stated.

In some University Acts, the affiliation of private college is subject to the prior approval of the State Governments. For instance, in Karnataka State Universities Act, the applications for affiliations shall be inquired into by the State Government who shall make their recommendations for the grant of the application or any part thereof or refuse the application or any part thereof and the University shall issue orders accordingly; provided (further) that on the recommendation of the State Government, permanent affiliation may be granted.

In respect of inspection/monitoring of affiliated colleges also, in some University Acts, the State Government has been vested with the power of inspection instead of the University such as in the U.P. State Universities Act of 1973 (sec.40).

4.6 LINKAGES

Excepting a few, most of the University Acts/Statutes do not contain explicit provisions governing the relationship between the University and other institutions such as Industries, National Laboratories, other R & D Centres and voluntary Agencies etc. There are some provisions permitting the Universities to recognise/affiliate institutions (mostly academic institutions) outside the university Jurisdiction

for the limited and specific purpose of teaching/research. The collaborative research with the R & D wings of Industries, undertaking of consultancy based turn-key research projects by the University faculties, recognition of applied lab-centres for conducting academic programmes etc., still remain alien to the traditional University Acts/Statutes.

4.7 GRIEVANCE REDRESSAL

Most of the University Acts and Statutes do not provide for establishing a formal Grievance Redressal machinery for various sections of the University community, viz. teachers students and non-teaching staff. In a few Universities there is a statutory provision for Arbitration Board or Tribunal vested with specific powers to enquire into the disputes referred to it and recommend actions thereon.

4.8 OFFICERS

4.8.1THE VISITOR/CHANCELLOR

The President of India/Governor of the respective States happens to be the "Constitutional head" of the Central/State Universities respectively in their capacity as the Visitor/Chancellor.* They interpret the University Act, supervise the formulation of Statutes in accordance with the University Act and resolve the conflicts between different authorities of the University. The Chancellors in some Universities (e.g. U.P.State Universities Act 1973) have rather sweeping powers to suspend/remove the Vice- Chancellors. To quote sec. 12, sub-sec.12 & 13 of U.P. State University Act 1973; "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 interests of the University, the Chancellor, may, after making such inquiry as he deems proper, by order, remove the Vice-Chancellor. The Chancellor shall have the power to suspend the Vice-Chancellor during the pendency or contemplation of any Inquiry referred to above. "(S.15 of the Act). Thus the Chancellor can suo moto suspend the Vice- Chancellor even if any enquiry is 'contemplated; and nature of the enquiry is also left to the exclusive discretion of the Chancellor. In this regard, the provision found in some other University Acts (Karnataka State

* Recently in A.P. the Chief Minister has been made the Chancellor of two Universities.

Universities, University of Health Sciences Act of Andhra Pradesh) seeks to qualify the type of enquiry; the relevant provision states, "no Vice-Chancellor shall be removed from the office except by an order passed on the ground of misbehaviour, mismanagement, incapacity or otherwise after due enquiry by a serving or retired judge of Supreme Court or High Court appointed by the Chancellor" (Karnataka University Act 1976, sec.11 (4).p.21).

The Visitor/Chancellor also wields the ultimate authority in Statute-making in most Universities e.g. Bharathiar University, Bharathidasan University Act, 1981. Sec.34(6) of Bharathiar University Act states: "A statute passed by' the Syndicate shall be submitted to the Chancellor who may assent thereto or withhold his assent. A statute passed by the Syndicate shall have no validity until it has been assented to by the Chancellor.'

Since the Central Universities Acts provide for the visitor to be the Supervising authority, Chancellor has no executive powers, he is only a dignitary.

4.8.2THE CHIEF RECTOR

In some Central Universities, apart from the President of India who is the Visitor, the local State /Union Territory's Governor happens to be the Chief Rector. The Chief Rector does not enjoy any independent role/powers.

4.8.3 THE PRO-CHANCELLOR

In many State Universities, the concerned State Education Minister is ex-officio Pro-Chancellor with a few honorary/conventional role during convocations, etc. In some technical/professional Universities also, such as Agricultural Universities and Health Universities, the concerned Minister happens to be the Pro-Chancellor. Among the Central Universities, the University of Delhi has the Chief Justice of the Supreme Court of India as its Pro- Chancellor.

4.8.4 THE VICE-CHANCELLOR

The Vice-Chancellor is the Principal academic /administrative head of the University. The Vice-Chancellor enjoys wide ranging powers in the administration of the University. But he has to seek the approval/ratification of the Executive Council/Syndicate and other bodies wherever necessary. The term of office for the Vice-Chancellor in the Central

University is normally five years, with no provision for seeking a second term; in most of the State Universities the Vice-Chancellor holds office for a term of three years, with a provision for a second term.

4.8.5 THE PRO-VICE CHANCELLOR

In many Universities, there is a provision for appointment of a Pro-Vice-Chancellor who shall be appointed by the Visitor/Chancellor on the recommendation of the vice- Chancellor or the Executive Council. In some Universities,there is a provision for Rector instead of Pro-Vice Chancellor.In many Universities (Tamil Nadu Universities and Karnataka Universities, where there is no provision for Pro-Vice Chancellor, the Vice-Chancellor is found overburdened with all routine matters leaving little time to devote sufficient attention to the academic planning and development of the Universities.

4.9 THE ANALYSIS OF ACTS/STATUTES INDICATE THE FOLLOWING LACUNAE:

1. There have been some sensitive unresolved problem-spots in the University legal structure arising out of certain conflicting relationships between the Government and the University system, between the Chancellor and the Vice- Chancellor, between the Vice-chancellor and the Registrar, between the Academics and Non-academics and so on.

2. The Boards of Studies are not broad-based and it is difficult to induct representatives from Industries, National Laboratories, R & D Organisations and other academic and research Institutions in adequate numbers.

3. It is not possible to establish regional or national facilities within the frame-work of the existing Acts of the Universities.

4. Provision does not exist in the Acts/Statutes of most of the universities for the grant of autonomy to Colleges/Departments/'Faculties/Schools or for the establishment of autonomous Sub-campuses for a group of colleges.

5. Acts of most of the Universities do not specifically provide for extension programmes.

6. Acts/Statutes do not normally provide for joint appointments in the Universities for for associating experts from Industries, Research Laboratories, R & D Organisations etc.,

7. Acts of most of the Universities do not provide for monitoring and planning boards as a statutory body.

8. Most of the University Acts do not provide for establishment of state level inter-university coordinating bodies for mutual counselling and discussion on academic planning and development as also to coordinate with the UGC.

9. Provision for consultations with teachers, students and non-teachers is not available in many Universities.

10. Acts of most of the Universities create rigid management structures with least provisions of flexibility for enabling the Universities to have innovations in teaching, research and extension and bringing relevance and excellence to the academic programmes of the Universities.

ACTS OF UNIVERSITIES - SOME MAJOR FINDINGS