Section 40 in The National Forensic Sciences University Act, 2020

Title: Statutes

Description: Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:-- (a) the constitution, powers and functions of authorities and other bodies of the University, as may be constituted from time to time; (b) the appointment and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide; (c) the appointment, powers and duties of the officers of the University and their emoluments; (d) the appointment of teachers, academic staff from within the country or from outside the country, and other employees of the University, their emoluments and conditions of service; (e) the appointment of teachers and academic staff working in any other University or organisation for a specific period for undertaking a joint project; (f) the conditions of service of employees including provisions for pension, insurance, provident fund, manner of termination of service and disciplinary action; (g) the principles governing the seniority of service of the employees of the University; (h) the procedure for arbitration in cases of dispute between employees or students and the University; (i) the procedure for appeal to the Board of Governors by any employee or student against the action of any officer or authority of the University; (j) the conferment of affiliation to a college or an institution or a Department under the University; (k) the establishment and abolition of Schools, departments, centers, halls, colleges and institutions; (l) the conferment of honorary degrees; (m) the withdrawal of degrees, diplomas, certificates and other academic distinctions; (n) the management of campuses and affiliated colleges by the University; (o) the delegation of powers vested in the authorities or officers of the University; (p) the maintenance of discipline among the employees and students; and (q) any other matter, which by this Act are to be, or may be, laid down in the Statutes.

Title: Statutes how to be made.

Description: (1) The first Statutes of the University shall be made by the Board of Governors with the prior approval of the Central Government and a copy of the same shall be laid as soon as may be it is made, before each House of Parliament: Provided that till such Statutes are made, the provisions of existing regulations of the Gujarat Forensic Sciences University, Gandhinagar shall continue to be applicable: Provided further that till the Statutes for the administrative functioning of Delhi campus of the University is made, the functions in Delhi campus shall continue in the same manner presently being followed by the Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Sciences, New Delhi. (2) The Board of Governors may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1): Provided that the Board of Governors shall not make, amend or repeal any Statutes affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Board of Governors. (3) Notwithstanding anything contained in this section, the Central Government may direct the University to make provisions in the Statutes in respect of any matter as it may specify. (4) The power to make Statutes shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the Statutes or any of them, but no retrospective effect shall be given to any Statute so as to prejudicially affect the interests of any person to whom such Statute may be applicable.

Title: Ordinances

Description: (1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:-- (a) the admission of students to the University and their enrolment as such; (b) the courses of study to be laid down for all degrees, diplomas and certificates of the University; (c) the medium of instruction and examination; (d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same; (e) the fees to be charged for courses of study in the University and for admission to examinations, degrees and diplomas to the University; (f) the conditions and institution for award of fellowships, scholarships, studentships, medals and prizes; (g) the conduct of examination including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators; (h) the conditions of residence of the students of the University; (i) the special arrangements, if any, which may be made for the residence and teaching of women students and the specifying of special courses of studies for them; (j) the establishment of centers of studies, boards of studies, specialised laboratories and other committees; (k) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University; (l) the setting up of machinery for redressal of grievances of employees and students; and (m) any other matter which by this Act or Statutes, is to be, or may be, specified in the Ordinances.

Title: Ordinances how made.

Description: (1) Save as otherwise provided in this section, Ordinances shall be made by the Academic Council. (2) All Ordinances made by the Academic Council shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Board of Governors and shall be considered by the Board of Governors at its next succeeding meeting. (3) The Board of Governors shall have power by resolution to approve, modify or cancel any such Ordinance and such Ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be.

Title: Tribunal of Arbitration.

Description: (1) Every employee of the University shall be appointed under a written contract, which shall be retained by the University and a copy of which shall be given to the employee concerned. (2) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Board of Governor, one member nominated by the employee concerned and chaired by an umpire appointed by the Central Government. (3) The decision of the Tribunal of Arbitration shall be final and no suit shall lie in any civil court in respect of the matters decided by the said Tribunal: Provided that nothing in this sub-section shall preclude the employee from availing of the judicial remedies available under articles 32 and 226 of the Constitution. (4) Every request made by the employee under sub-section (2) shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration and Conciliation Act, 1996 (26 of 1996). (5) The procedure for regulating the work of the Tribunal of Arbitration shall be laid down in the Statutes.