No.F.3-9/97-Desk(U)
Government of India
Ministry of Human Resource Development
(Deptt. of Secondary Education & Higher Education)

New Delhi, the 11^th June, 2001

OFFICE MEMORANDUM

Sub: Guidelines for observance by the Vice Chancellors of all the Central Universities  while invoking their emergency powers.

          In all the Central Universities either the Acts or the Statutes vest certain’ emergency powers’ in the Vice Chancellors.  By virtue of these powers, the Vice Chancellors are authorized, in matters requiring urgent action, to exercise powers vested in any authority of the University.  These powers have enabled Vice Chancellors to deal with emergencies and unforeseen contingencies without having to wait for the relevant bodies of the Universities to meet.  There have, of late, been complaints that in a few universities this power is being invoked as a matter of routine with the result that the statutory bodies, like the Court, the Executive Council and the Academic Council etc. are being increasingly asked to endorse action taken on their behalf by the Vice Chancellors.  Complaints have also been received that such powers are being used to marginalize these bodies and to reduce frequencies of their meetings.  This being a rather regressive development needs to be checked thereby enabling statutory bodies to play the critical important role envisaged for them in the overall democratic governance of the Universities.

2.       In view of the above, the President, as the Visitor of all the Visitor of all the Central Universities, has approved the following guidelines for observance by the Vice Chancellors of all the Central Universities:

(i)     Emergency powers conferred on the Vice Chancellors should be exercised with restraint and only in such emergency situations where the authority ordinarily empowered to exercise such powers is unlikely to meet in the near future and deferring a decision for consideration of the appropriate body is likely to create serious administrative inconvenience.

  (ii)    Routine matters like creation of teaching and academic posts, appointment to the said posts, finalizing recruitment procedures, promotions under Merit Promotion Scheme/Career Advancement Scheme, up gradation of posts making them personal to the incumbents should invariably be placed before the authorities ordinarily empowered to take decisions in such cases.  Emergency powers should not be exercised by the Vice Chancellors in such cases.

  (iii)  Policy matters like amending/making/repealing of Statutes which, in fact, require assent of the Visitor should in no case be decided by the Vice Chancellors by invoking emergency powers.

 3.      Contents of this communication may please be noted for information, guidance and compliance in future.

 4.      This issues with approval of the Visitor.

 5.      The receipt of this letter may kindly be acknowledged.

           -Sd/-

(Champak Chatterji)
Joint Secretary to the Govt. of India

 Vice-Chancellors of all the Central Universities (by name)