Section 1 Short title and commencement.
(1) This Act may be called the Nalanda University Act, 2010.
(2) It shall come into force on such date 1as the Central Government may, by notification in theOfficial Gazette, appoint and different dates may be appointed for different provisions of this Act.
Section 2 Declaration of Nalanda University as an institution of national importance.
Whereas theobjects of the institution known as the Nalanda University are such as to make the institution one ofnational importance, it is hereby declared that the institution known as the Nalanda University is aninstitution of national importance.
Section 3 Definitions.
In this Act, unless the context otherwise requires,--
(a) "Academic Council" means the Academic Council of the University;
(b) "academic staff" means such categories of staff as are designated as academic staff by theStatutes;
(c) "Centre" means a centre established or maintained by the University in any place in India orin East Asia region for the purposes of coordinating and supervising the work of centres in such placeor region and for performing such functions as may be conferred on such centre by the GoverningBoard;
(d) "East Asia region" means the region comprising the territories of the Member States of theEast Asia Summit;
(e) "employee" means any person appointed by the University and includes teachers and otherstaff of the University;
(f) "Faculty" means a Faculty of the University;
(g) "Finance Officer" means the Finance Officer of the University appointed under section 17;
(h) "Governing Board" means the Governing Board of the University constituted under section 7;
(i) "Hall" means a unit of residence, by whatever name called, for students of the Universityprovided, maintained or recognised by it;
(j) "Member States" means the Member States of the East Asia Summit;
(k) "Nalanda Mentor Group" means the group of persons constituted by the communication datedthe 28th June, 2007 of the Government of India in the Ministry of External Affairs, inter alia, toexamine the framework and structure of International co-operation and partnership which wouldgovern the establishment of the University;
(l) "Ordinances" means the Ordinances of the University;
(m) "prescribed" means prescribed by Statutes, Ordinances or by Regulations;
(n) "recognised institution" means an institution of higher learning maintained or recognised by,or associated with, the University;
(o) "Registrar" means the Registrar of the University appointed under section 16;
(p) "Regulations" means the Regulations of the University;
(q) "School" means a school of studies of the University;
(r) "Statutes" means the Statutes of the University;
(s) "teacher" means professor, associate professor, assistant professor and research staff of theUniversity appointed or recognised by the University for imparting instructions or conductingresearch in the University or for giving guidance to students for pursuing any course of study of theUniversity and are designated as teachers by the Statutes;
(t) "University" means the Nalanda University established and incorporated under section 4.
Section 4 Establishment and incorporation of Nalanda University.
(1) The University of Nalanda in theState of Bihar, established under the University of Nalanda Act, 2007 (Bihar Act 18 of 2007), shall beestablished as a body corporate under this Act by the name of "Nalanda University".
(2) The first Visitor, the first Chancellor, the first Vice-Chancellor, the first members of theGoverning Board and the Academic Council, and all persons who may hereafter become such officers ormembers, so long as they continue to hold such office or membership, shall constitute the University.
(3) The University shall have perpetual succession and a common seal and shall sue and be sued bythe said name.
(4) The Headquarters of the University shall be in the district of Nalanda in the State of Bihar.
(5) The University may establish or maintain centres at such other places in India as it may deem fit:
Provided that the University may, with the approval of the Governing Board, establish study centresoutside India.
Section 5 Effect of establishment of University.
On and from the date of commencement of this Act,--
(a) any reference to the University of Nalanda in any contract or other instrument shall be deemedas a reference to the University;
(b) all property, movable and immovable, of or belonging to the University of Nalanda shall vestin the University;
(c) all rights and liabilities of the University of Nalanda shall be transferred to, and be the rightsand liabilities of, the University;
(d) every person employed by the University of Nalanda immediately before the commencementof this Act shall hold his office or service in the University by the same tenure, at the sameremuneration and upon the same terms and conditions and with the same rights and privileges as topension, leave, gratuity, provident fund and other matters as he would have held the same if this Act had not been enacted, and shall continue to do so unless and until his employment is terminated oruntil such tenure, remuneration and terms and conditions are duly altered by the Statutes:
Provided that if the alteration so made is not acceptable to such employee, his employment maybe terminated by the University in accordance with the term of the contract with the employee or, ifno provision is made therein in this behalf, on payment to him by the University of compensationequivalent to three months' remuneration in case of permanent employees and one monthsremuneration in the case of other employees:
Provided further that every person employed before the commencement of this Act, pending theexecution of a contract under section 33, shall be deemed to have been appointed in accordance withthe provisions of a contract consistent with the provisions of this Act and the Statutes:
Provided also that any reference, by whatever form of words, to the Visitor, Chancellor orVice-Chancellor of the University of Nalanda in any law for the time being in force, or in anyinstrument or other document, shall be construed as a reference respectively to the Visitor, Chancelloror Vice-Chancellor of the University;
(e) the Visitor of the University of Nalanda, appointed under the provisions of the University ofNalanda Act, 2007 (Bihar Act 18 of 2007) shall be deemed to have been appointed to be the nomineeof the Visitor and such nominee be also the first Visitor under this Act for a period of five years fromthe date of commencement of this Act;
(f) the Chancellor of the University of Nalanda, appointed under the provisions of the Universityof Nalanda Act, 2007 (Bihar Act 18 of 2007) shall be deemed to have been appointed as theChancellor under section 14 of this Act, and shall hold office for a period of three years from the dateof commencement of this Act;
(g) the Vice-Chancellor of the University of Nalanda, appointed under the provisions of theUniversity of Nalanda Act, 2007 (Bihar Act 18 of 2007) shall be deemed to have been appointed asthe first Vice-Chancellor under this Act, and shall hold office for a period of five years from the dateof commencement of this Act; and
(h) all Colleges, Institutions, Faculties and Departments affiliated to, or admitted to the privilegesof, or maintained by, the University of Nalanda shall stand affiliated to, or admitted to the privilegeof, or maintained by, the University.
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