1. Short title and commencement.—(1) This Act may be called the Indian Maritime University Act,
2008.
(2) It shall come into force on such date1
as the Central Government may, by notification in the
Official Gazette, appoint.
2. Definitions.—In this Act, and 2
[in the Statutes made thereunder], 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 the
Ordinances;
(c) “Board of Affiliation and Recognition” means Board of Affiliation and Recognition of the
University;
(d) “Board of Studies” means the Board of Studies of the University;
(e) “Campus” means the unit established or constituted by the University for making
arrangements for instruction, research, education and training;
(f) “Certificate of Competency” means a certificate issued by the competent authority under the
Merchant Shipping Act, 1958 (44 of 1958);
(g) “Chancellor”, “Vice-Chancellor” and “Pro-Vice-Chancellor” mean, respectively, the
Chancellor, Vice-Chancellor and Pro-Vice-Chancellor of the University;
(h) “College” means a college maintained by or admitted to the privileges of the University for
imparting education and training in maritime studies or in its associated disciplines;
(i) “Court” means the Court of the University;
(j) “Department” means a Department of Studies; and includes a Centre of Studies;
(k) “Director-General” means the Director-General of Shipping appointed by the Government of
India under section 7 of the Merchant Shipping Act, 1958 (44 of 1958);
(l) “Distance Education System” means the system of imparting education through any means of
communication, such as broadcasting, telecasting, correspondence courses, seminars, contact
programmes, e-learning or the combination of any two or more such means;
(m) “Employee” means any person appointed by the University and includes teachers and other
staff including deputationists of the University;
(n) “Executive Council” means the Executive Council of the University;
(o) “Finance Committee” means the Finance Committee of the University;
1. 14th November, 2008, vide Notification No. S.O. 2660(E), dated 14th November, 2008, see Gazette of India, Extraordinary,
Part II, sec. 3(ii).
2. Subs. by Act 19 of 2015, s. 3 and Second Sch., for “in all Statutes made thereunder” (w.e.f. 14-5-2008).
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(p) “Governing Body” in relation to a college or an institution, means the Governing Body or any
other body, by whatever name called, charged with the management of the affairs of such college or
institution, as the case may be, and recognised as such by the University;
(q) “Hall” means a unit of residence for the students of the University, or of a College or an
Institution, maintained by the University;
(r) “Institution” means an institution, school, college or centre of studies maintained by or
admitted to the privileges of the University for imparting education and training in maritime studies
or in its associated disciplines;
(s) “Notification” means a notification published in the Official Gazette;
(t) “Off-shore Campus” means an institution, college, centre, school or campus of the University,
that could be established outside the country;
(u) “Planning Board” means the Planning Board of the University;
(v) “Principal” means the head of a college or an institution;
(w) “Recognised Institution” means an institution admitted to the privileges of the University for
imparting education in maritime studies or its associated disciplines;
(x) “Recognised teachers” means such persons as are recognised by the University for the purpose
of imparting instructions in a college or an institution admitted to the privileges of the University;
(y) “School” means a School of Studies of the University;
(z) “Statutes”, “Ordinances” and “Regulations” mean, respectively, the Statutes, the Ordinances
and the Regulations made under this Act;
(za) “University” means the Indian Maritime University established under this Act;
(zb) “teachers of the University” means Professors, Associate Professors, Assistant Professors,
Readers, Senior Lecturers, Lecturers and such other persons as may be appointed for imparting
instruction or conducting research in the University or in any college or institution maintained by the
University; and
(zc) “University Grants Commission” means the commission established under section 4 of the
University Grants Commission Act, 1956 (3 of 1956).
3. The University.—(1) There shall be established a University by the name of Indian Maritime
University.
(2) The headquarters of the University shall be at Chennai with its campuses at Mumbai, Kolkata,
Chennai, Vishakhapatnam and such other places within its jurisdiction as it may deem fit.
(3) The first Chancellor, the first Vice-Chancellor, the first members of the Court, the Executive
Council, the Academic Council, the Planning Board and all persons who may hereafter become such
officers or members, so long as they continue to hold such office or membership, shall constitute the
University.
(4) The University shall have perpetual succession and a common seal and shall sue and be sued by
the said name.
(5) The University shall be both, a teaching and an affiliating University.
4. Objects of the University.—The objects of the University shall be,—
(i) to facilitate and promote maritime studies, training, research and extension work with focus on
emerging areas of studies like oceanography, maritime history, maritime laws, maritime security,
search and rescue, transportation of dangerous cargo, environmental studies and other related fields,
and also to achieve excellence in these and connected fields and other matters connected therewith or
incidental thereto;
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(ii) to promote advanced knowledge by providing institutional and research facilities in such
branches of learning as it may deem fit and to make provisions for integrated courses in Science and
other key and frontier areas of Technology and allied disciplines in the educational programmes of
the University;
(iii) to take appropriate measures for promoting innovations in teaching-learning process, interdisciplinary studies and research; and to pay special attention to the promotion of educational and
economic interests and welfare of the people of India;
(iv) to promote freedom, secularism, equality and social justice as enshrined in the Constitution of
India and to act as catalyst in socio-economic transformation by promoting basic attitudes and values
of essence to national development; and
(v) to extend the benefits of knowledge and skills for development of individuals and society by
associating the University closely with local, regional and national issues of development.
5. Powers of the University.—The University shall have the following powers, namely:—
(i) to provide for instruction in such branches of learning as the University may, from time to
time, determine and to make provision for research and for the advancement and dissemination of
knowledge;
(ii) to make provision for recognised institutions to undertake special studies;
(iii) to establish and maintain campuses, colleges, institutions, departments, laboratories, libraries,
museums, centres of research, training and specialised studies;
(iv) to establish and maintain hostels, health centres and other related facilities like auditoria,
playgrounds, gymnasiums, swimming pools, training ships;
(v) to provide for establishment of campuses for serving a group of recognised colleges and to
provide for and maintain common resource centres in such campuses in the form of libraries,
laboratories, computer centres and the like centres of learning;
(vi) to grant, subject to such conditions as the University may determine, diplomas for certificates
other than Certificates of Competencies of Sea-farers, which shall continue to be issued by DirectorGeneral of Shipping, Government of India till the Central Government otherwise decides, and confer
degrees and other academic distinctions on the basis of examinations, evaluation or any other method
of testing on persons, and to withdraw any such diplomas, certificates, degrees or other academic
distinctions for good and sufficient cause;
(vii) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes;
(viii) to organise and to undertake extra-mural studies, training and extension services;
(ix) to institute Directorships, Principalships, Professorships, Associate Professorships, Assistant
Professorships and other teaching or academic positions, required by the University and to appoint
persons to such Principalships, Professorships, Associate Professorships, Assistant Professorships or
academic positions;
(x) to provide for the terms and conditions of service of—
(i) Directors, Principals and teachers and other members of the academic staff appointed by
the University;
(ii) teachers and other members of the academic staff appointed by any college or institution;
and
(iii) any other employee of recognised college or institution, whether appointed by the
University or such college or institution;
(xi) to appoint persons working in any other University or organisation as teachers of the
University for a specified period;
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(xii) to recognise an institution of higher learning for such purposes as the University may
determine and to withdraw such recognition;
(xiii) to organise and conduct refresher courses, workshops, seminars and other programmes for
teachers, evaluators and other academic staff;
(xiv) to appoint on contract or otherwise visiting Professors, Emeritus Professors, Consultants,
Scholars and such other persons who may contribute to the advancement of the objects of the
University;
(xv) to create teaching, non-teaching, administrative, ministerial and other posts in the University
and to make appointments thereto;
(xvi) to co-operate or collaborate or associate with any other University or authority or institution
of higher learning within India or abroad, in such manner and for such purposes as the University
may determine;
(xvii) to approve appointment of persons for imparting instructions in any institution admitted to
the privileges of the University and to withdraw such approval;
(xviii) to inspect recognised institutions through suitable machinery established for the purpose,
and to take measures to ensure that proper standards of instruction, teaching and training are
maintained by them, and adequate library, laboratory, hospital, workshop and other academic
facilities are provided for;
(xix) to prescribe fees and other charges to be levied on the students of self-financing colleges and
institutions;
(xx) to coordinate the work of different colleges and institutions working in the same and similar
areas;
(xxi) to set up central facilities like computer centre, training centre, instrumentation centre,
library, simulators;
(xxii) to set up curriculum development centres for different subjects;
(xxiii) to admit to its privileges colleges and institutions, not maintained by the University, and to
withdraw all or any of those privileges in accordance with such conditions as may be prescribed by
the Statutes;
(xxiv) to recognise guide, supervise and control Halls not maintained by the University and other
accommodation for students, and to withdraw any such recognition;
(xxv) to make provision for research and advisory services and for that purpose, to enter into such
arrangements with other institutions or bodies as the University may deem necessary;
(xxvi) to prescribe fees for recognising of colleges and institutions;
(xxvii) to determine standards of admission to the University which may include examination,
evaluation or any other method of testing;
(xxviii) to institute and award fellowships, scholarships, studentships, assistantships, medals and
prizes;
(xxix) to demand and receive payment of fees and other charges;
(xxx) to supervise the residences of the students of the University and to make arrangements for
promoting their health and general welfare;
(xxxi) to make such special arrangements in respect of women students as the University may
consider desirable;
(xxxii) to regulate the conduct of the students of the University and of colleges and institutions;
(xxxiii) to control and regulate admission of students for various courses of study in Departments,
recognised institutions, schools and centres of studies;
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(xxxiv) to regulate the work and conduct of the employees of the University and of the employees
of the colleges and institutions;
(xxxv) to regulate and enforce discipline among the employees and students of the University and
to take such disciplinary measures in this regard as may be deemed necessary;
(xxxvi) to prescribe code of conduct for managements of recognised colleges and institutions;
(xxxvii) to make arrangements for promoting the health and general welfare of the employees of
the University and those of colleges and institutions;
(xxxviii) to receive benefactions, donations and gifts from persons and to name after them such
chairs, institutions, buildings and the like, the University may determine, whose gift or donation to
the University is worth such amount as the University may decide;
(xxxix) to acquire, hold, manage and dispose of any property, movable or immovable, including
trust and endowment properties for the purposes of the University;
(xl) to borrow, with the approval of the Central Government, on the security of the property of the
University, money for the purposes of the University;
(xli) to assess needs of the students in terms of subjects, fields of specialisation, levels of
education and training of technical manpower, both on short and long term basis, and to initiate
necessary programmes to meet these needs;
(xlii) to initiate measures to enlist the co-operation of the industry to provide complementary
facilities;
(xliii) to provide for instruction through “distance learning” and “open approach” and for mobility
of students from the non-formal open learning stream to the formal stream and vice versa;
(xliv) to establish such campuses, special centres, specialised laboratories or other units for
research and instruction as are, in the opinion of the University, necessary for the furtherance of its
objective;
(xlv) to confer autonomous status on a college or an institution or a Department, as the case may
be, in accordance with the Statutes;
(xlvi) to arrange for the training to upgrade maritime standard of the employees of the industry
and institutes and to levy fees for such training as prescribed by the Statutes;
(xlvii) to establish Off-shore Campus at any place outside the Country as and when it is
considered necessary for advancing the aims and objectives of the University; and
(xlviii) to do all such other acts and things as may be necessary, incidental or conducive to the
attainment of all or any of its objects.
6. Jurisdiction.—The jurisdiction of the University shall extend to the whole of India.
7. University open to all classes, castes and creed.—The University shall be open to persons of
either sex and of whatever caste, creed, race or class, and it shall not be lawful for the University to adopt
or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be
appointed as a teacher of the University or to hold any other office therein or be admitted as a student in
the University or to graduate thereat or to enjoy or exercise any privilege thereof:
Provided that nothing in this section shall be deemed to prevent the University from making special
provisions for the employment or promotion of educational interests of women, physically handicapped
or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes
and the Scheduled Tribes.
8. Fund of the University.—(1) There shall be a University Fund which shall include—
(a) any contribution or grant made by the Central Government or an instrumentality of the
Central Government;
(b) any contribution or grant made by the State Governments;
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(c) any contribution from the shipping companies, off-shore construction companies and diving
companies;
(d) any bequests, donations, endowments or other grants made by any private individual or
institution;
(e) income received by the University from fees and charges; and
(f) amounts received from any other source.
(2) The said fund shall be utilised for such purposes of the University and in such manner as may be
prescribed by the Statutes and the Ordinances.
9. The Visitor.—(1) The President of India shall be the Visitor of the University.
(2) The Visitor may, from time to time, appoint one or more persons to review the work and progress
of the University, including colleges and institutions managed by it, and to submit a report thereon; and
upon receipt of that report, the Visitor may, after obtaining the views of the Executive Council thereon
through the Vice-Chancellor, take such action and issue such directions as he considers necessary in
respect of any of the matters dealt with in the report and the University shall be bound to comply with
such directions.
(3) The Visitor shall have the right to cause an inspection to be made by such person or persons as he
may direct, of the University, its buildings, libraries, laboratories and equipment, and of any college,
institution or Campus maintained by the University or admitted to its privileges; and also of the
examinations, instruction and other work conducted or done by the University and to cause an inquiry to
be made in like manner in respect of any matter connected with the administration or finances of the
University, colleges or institutions.
(4) The Visitor shall, in every matter referred to in sub-section (3), give notice to the University of his
intention to cause an inspection or inquiry to be made,—
(a) to the University, if such inspection or inquiry is to be made in respect of the University or
any college or institution maintained by it, or
(b) to the management of the college or institution, if the inspection or inquiry is to be made in
respect of the college or institution admitted to the privileges of the University,
and the University or the management, as the case may be, shall have the right to make such
representations to the Visitor, as it may consider necessary.
(5) After considering the representations, if any, made by the University or the management, as the
case may be, the Visitor may cause to be made such inspection or inquiry as is referred to in
sub-section (3).
(6) Where any inspection or inquiry has been caused to be made by the Visitor, the University or the
management shall be entitled to appoint a representative, who shall have the right to be present in person
and be heard at such inspection or inquiry.
(7) The Visitor may, if the inspection or inquiry is made in respect of the University, college or
institution maintained by it, address the Vice-Chancellor with reference to the result of such inspection or
inquiry together with such views and advice with regard to the action to be taken thereon, as the Visitor
may be pleased to offer, and on receipt of address made by the Visitor, the Vice-Chancellor shall
communicate forthwith to the Executive Council the results of the inspection or inquiry, and the views of
the Visitor and the advice tendered by him upon the action to be taken thereon.
(8) The Visitor may, if the inspection or inquiry is made in respect of any college or institution
admitted to the privileges of the University, address the management concerned through the ViceChancellor with reference to the result of such inspection or inquiry, his views thereon and such advice as
he may be pleased to offer upon the action to be taken thereon.
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(9) The Executive Council or the management, as the case may be, shall communicate, through the
Vice-Chancellor to the Visitor such action, if any, as it proposes to take or has been taken upon the result
of such inspection or inquiry.
(10) Where, the Executive Council or the management, does not, within a reasonable time, take action
to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or
representation made by the Executive Council or the management, issue such directions as he may think
fit and the Executive Council shall comply with such directions.
(11) Without prejudice to the foregoing provisions of this section, the Visitor may, by order in
writing, annul any proceeding of the University which is not in conformity with the Act, the Statutes or
the Ordinances:
Provided that before making any such order, the Visitor shall call upon the Registrar to show cause
why such an order should not be made, and, if any cause is shown within a reasonable time, he shall
consider the same.
(12) Notwithstanding anything contained in the foregoing provisions, the Visitor may give any
direction to the University after giving an opportunity to the University as the circumstances warrant.
(13) The Visitor shall have such other powers as may be prescribed by the Statutes.
10. Officers of the University.—The following shall be the officers of the University:—
(1) the Chancellor;
(2) the Vice-Chancellor;
(3) the Pro-Vice-Chancellor;
(4) the Deans of Schools;
(5) the Directors;
(6) the Registrars;
(7) the Finance Officer; and
(8) such other officers as may be declared by the Statutes to be officers of the University.
11. The Chancellor.—(1) The Chancellor shall be appointed by the Visitor in such manner as may be
prescribed by the Statutes.
(2) The Chancellor shall, by virtue of his office, be the Head of the University.
(3) The Chancellor shall, if present, preside at the convocations of the University held for conferring
degrees.
12. The Vice-Chancellor.—(1) The Vice-Chancellor shall be appointed by the Visitor in such
manner as may be prescribed by the Statutes.
(2) The Vice-Chancellor shall be the principal executive and academic officer of the University, and
shall exercise general supervision and control over the affairs of the University and give effect to the
decisions of all the authorities of the University.
(3) The Vice-Chancellor may, if he is of opinion that immediate action is necessary on any matter,
exercise any power conferred on any authority of the University by or under this Act and shall report to
such authority the action taken by him on such matter:
Provided that if the authority concerned is of opinion that such action ought not to have been taken, it
may refer the matter to the Visitor whose decision thereon shall be final:
Provided further that any person in the service of the University who is aggrieved by the action taken
by the Vice-Chancellor under this sub-section shall have the right to appeal against such action to the
Executive Council within three months from the date on which decision on such action is communicated
to him and thereupon the Executive Council may confirm, modify or reverse the action taken by the
Vice-Chancellor.
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(4) The Vice-Chancellor, if he is of the opinion that any decision of any authority of the University is
beyond the powers of the authority conferred by the provisions of this Act, the Statutes or the Ordinances
or that any decision taken is not in the interest of the University, may ask the authority concerned to
review its decision within sixty days of such decision and if the authority refuses to review the decision
either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall
be referred to the Visitor whose decision thereon shall be final.
(5) The Vice-Chancellor may cause an inspection to be made by such person or persons as he may
direct, of a college or an institution not being maintained by the University, its buildings, libraries,
laboratories and equipment, and also examinations, teaching and other work conducted or done by the
college or the institution and cause an inquiry, to be made in the like manner, in respect of any matter
connected with the administration or finance of the college or the institutions.
(6) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be
prescribed by the statutes or the Ordinances.
13. The Pro-Vice-Chancellor.—The Pro-Vice-Chancellor shall be appointed in such manner, on
such terms and conditions of service, and shall exercise such powers and perform such duties, as may be
prescribed by the Statutes.
14. Deans of Schools.—Every Dean of a School shall be appointed in such manner and shall exercise
such powers and perform such duties, as may be prescribed by the Statutes.
15. Directors.—Every Director shall be appointed in such manner, on such terms and conditions of
service, and perform such duties, as may be prescribed by the Statutes.
16. Registrars.—(1) Every Registrar shall be appointed in such manner, as may be prescribed by the
Statutes.
(2) The Registrar shall have the power to enter into agreement, sign documents and authenticate
records on behalf of the University.
(3) Every Registrar shall exercise such powers and perform such duties, as may be prescribed by the
Statutes.
17. The Finance Officer.—The Finance Officer shall be appointed in such manner and shall exercise
such powers and perform such duties, as may be prescribed by the Statutes.
18. Other officers.—The manner of appointment and powers and duties of the other officers of the
University shall be prescribed by the Statutes.
19. Authorities of the University.—The following shall be the authorities of the University:—
(1) the Court;
(2) the Executive Council;
(3) the Academic Council;
(4) the Planning Board;
(5) the Board of Affiliation and Recognition;
(6) the Boards of Schools;
(7) the Finance Committee; and
(8) such other authorities as may be declared by the Statutes to be the authorities of the
University.
20. The Court.—(1) The constitution of the Court and the term of office of its members shall be
prescribed by the Statutes.
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(2) Subject to the provisions of this Act, the Court shall have the following powers and functions,
namely:—
(a) to review, from time to time, the broad policies and programmes of the University and to
suggest measures for the improvement and development of the University;
(b) to consider and pass resolutions on the annual report and the annual accounts of the University
and the audit report on such accounts;
(c) to advise the Visitor in respect of any matter which may be referred to it for advice; and
(d) to perform such other functions as may be prescribed by the Statutes.
21. The Executive Council.—(1) The Executive Council shall be the principal executive body of the
University.
(2) The constitution of the Executive Council, the term of office of its members and its powers and
functions shall be prescribed by the Statutes.
22. The Academic Council.—(1) The Academic Council shall be the principal academic body of the
University and shall, subject to the provisions of this Act, the Statutes and the Ordinances, have the
control and supervision over, and be responsible for, the maintenance of standards of instruction,
education and examination within the University and shall exercise such other powers and perform such
other duties as may be conferred or imposed upon it.
(2) The Academic Council shall have the right to advise the Executive Council on all academic
matters.
(3) The constitution of the Academic Council and the term of office of its members shall be such as
may be prescribed by the Statutes.
23. The Board of affiliation and recognition.—(1) The Board of affiliation and recognition shall be
responsible for admitting colleges and institutions to the privileges of the University.
(2) The constitution of the Board of Affiliation and Recognition, the term of office of its members
and its powers and duties shall be such as may be prescribed by the Statutes.
24. The Planning Board.—(1) The Planning Board shall be the principal planning body of the
University.
(2) The Planning Board shall be responsible for monitoring the development of the University.
(3) The constitution of the Planning Board, term of office of its members and its powers and functions
shall be prescribed by the Statutes.
25. The Boards of Schools.—(1) There shall be such number of Boards of Schools as the University
may determine from time to time.
(2) The constitution, powers and functions of the Boards of Schools shall be such as may be
prescribed by the Statutes.
26. The Finance Committee.—The constitution, powers and functions of the Finance Committee
shall be prescribed by the Statutes.
27. Other authorities of the University.—The constitution, powers and functions of other
authorities, as may be declared by the Statutes to be the authorities of the University, shall be prescribed
by the Statutes.
28. Power to make statutes.—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 the authorities and other bodies of the University, as
may be constituted from time to time;
(b) the election 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 manner of appointment of the officers of the University, terms and conditions of service,
their powers and duties and emoluments;
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(d) the manner of appointment of teachers, academic staff and other employees of the University
and their emoluments;
(e) the manner of appointment of teachers and academic staff working in any other University or
organisation for a specific period for undertaking a joint project, their terms and conditions of service
and emoluments;
(f) the conditions of service of employees including provision for pension, insurance and
provident fund, the 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 Executive Council by any employee or student against the
action of any officer or authority of the University;
(j) the conferment of autonomous status on a college or an institution or a Department;
(k) the establishment and abolition of Schools, Departments, Centres, Halls, colleges and
institutions;
(l) the conferment of honorary degrees;
(m) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(n) the conditions under which colleges and institutions may be admitted to the privileges of the
University and the withdrawal of such privileges;
(o) the institution of fellowships, scholarships, studentships, assistantships, medals and prizes;
(p) the delegation of powers vested in the authorities or officers of the University;
(q) the maintenance of the discipline among the employees and students; and
(r) all other matters which by this Act are to be or may be provided for by the Statutes.
29. Statutes how to be made.—(1) The first Statutes are those set out in the Schedule.
(2) The Executive Council 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 Executive Council 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 Executive Council.
(3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require
the assent of the Visitor who may assent thereto or withhold assent or remit to the Executive Council for
consideration.
(4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless
it has been assented to by the Visitor.
(5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may make new or
additional Statutes or amend or repeal the Statutes referred to in sub-section (1), during the period of three
years immediately after the commencement of this Act:
Provided that the Visitor may, on the expiry of the said period of three years, make, within one year
from the date of such expiry, such detailed Statutes as he may consider necessary and such detailed
Statutes shall be laid before both Houses of Parliament.
(6) Notwithstanding anything contained in the foregoing sub-section, the Visitor may direct the
University to make provisions in the Statutes in respect of any matter specified by him and if the
Executive Council is unable to implement such direction within sixty days of its receipt, the Visitor may,
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after considering the reasons, if any, communicated by the Executive Council for its inability to comply
with such direction, make or amend the Statutes suitably.
30. Power to make Ordinances.—(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 the
examinations, degrees and diplomas of the University;
(f) the conditions for award of fellowships, scholarships, studentships, assistantships, medals and
prizes;
(g) the conduct of examinations, 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, discipline and teaching
of women students and the prescribing of special courses of studies for them;
(j) the appointment and emoluments of employees other than those for whom provision has been
made in the Statutes;
(k) the establishment of centre of Studies, Board of Studies, Special centre, Specialised
Laboratories and other Committees;
(l) the manner of co-operation and collaboration with other Universities in India or abroad and
authorities including learned bodies or associations;
(m) the creation, composition and functions of any other body which is considered necessary for
improving the academic life of the University;
(n) such other terms and conditions of service of teachers and other academic staff as are not
prescribed by the Statutes;
(o) the management of colleges and institution maintained by the University;
(p) the supervision and management of colleges and institutions admitted to the privileges of the
University;
(q) the setting up of a machinery for redressal of grievances of employees; and
(r) all other matters which by this Act or the Statutes may be provided for by the Ordinances.
(2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the
Central Government and the Ordinances so made may be amended, repealed or added to at any time by
the Executive Council in the manner prescribed by the Statutes.
31. Regulations.—The authorities of the University may make Regulations, consistent with this Act,
the Statutes and the Ordinances in the manner prescribed by the Statutes, for the conduct of their own
business and that of the Committees, if any, appointed by them and not provided for by this Act, the
Statutes or the Ordinances.
32. Annual report.—(1) The annual report of the University shall be prepared under the direction of
the Executive Council, which shall include, among other matters, the steps taken by the University
towards the fulfilment of its objects and shall be submitted to the Court on or after such date as may be
prescribed by the Statutes and the Court shall consider the report in its annual meeting.
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(2) The Court shall submit the annual report to the visitor along with its comments, if any.
(3) A copy of the annual report, as prepared under sub-section (1), shall also be submitted to the
Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of
Parliament.
33. Annual accounts.—(1) The annual accounts and balance sheet of the University shall be
prepared under the directions of the Executive Council and shall, once at least every year and at intervals
of not more than fifteen months, be audited by the Comptroller and Auditor-General of India or by such
persons as he may authorise in this behalf.
(2) A copy of the annual accounts together with the audit report thereon shall be submitted to the
visitor and the Court along with the observations, if any, of the Executive Council.
(3) Any observation made by the Visitor on the annual accounts shall be brought to the notice of the
Court and the observations of the Court, if any, shall, after being considered by the Executive Council, be
submitted to the Visitor.
(4) A copy of the annual accounts together with the audit report as submitted to the Visitor, shall also
be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before
both Houses of Parliament.
(5) The audited annual accounts after having been laid before both Houses of Parliament shall be
published in the Gazette of India.
34. Conditions of service of employees.—(1) The University shall enter into written contract of
service with every employee of the University appointed on regular basis or otherwise and the terms and
conditions of the contract shall not be inconsistent with the provisions of this Act, the Statutes and the
Ordinances.
(2) A copy of the contract referred to in sub-section (1) shall be kept with the University and a copy
thereof shall also be furnished to the employee concerned.
35. Tribunal of Arbitration.—(1) 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 Executive Council, one member nominated by the employee concerned and
an umpire appointed by the Visitor.
(2) The decision of the Tribunal of Arbitration shall be final and binding on the parties.
(3) Every request made by the employee under sub-section (1), 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).
(4) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes.
36. Procedure of appeal and arbitration in disciplinary cases against students.—(1) Any student
or candidate for an examination whose name has been removed from the rolls of the University by the
orders or resolution of the Vice-Chancellor and who has been debarred from appearing at the
examinations of the University for more than one year, may, within ten days of the date of receipt of such
orders or copy of such resolution by him, appeal to the Executive Council and the Executive Council may
confirm, modify or reverse the decision of the Vice-Chancellor or the Committee, as the case may be.
(2) Any dispute arising out of any disciplinary action taken by the University against a student shall,
at the request of such student, be referred to a Tribunal of Arbitration and the provisions of section 35
shall, as far as may be, apply to a reference made under this sub-section.
37. Right to appeal.—Every employee or student of the University or of a college or institution
maintained by the University shall, notwithstanding anything contained in this Act, have a right to appeal
within such time as may be prescribed by the Statutes to the Executive Council against the decision of any
officer or authority of the University or of the Principal of any college or institution, as the case may be,
and thereupon the Executive Council may confirm, modify or reverse the decision appealed against.
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38. Provident and pension funds.—(1) The University shall constitute for the benefit of its
employees such provident or pension fund or provide such insurance schemes as it may deem fit in such
manner and subject to such conditions as may be prescribed by the Statutes.
(2) Where such provident fund or pension fund has been so constituted, the Central Government may
declare that the provision of the Provident Funds Act, 1925 (19 of 1925) shall apply to such fund, as if it
were a Government provident fund.
39. Disputes as to constitution of University authorities and bodies.—If any question arises as to
whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority
or other body of the University, the matter shall be referred to the Visitor whose decision thereon shall be
final.
40. Constitution of Committees.—Where any authority of the University is given power by this Act
or the Statutes to appoint Committees, such Committees shall, save as otherwise provided, consist of the
members of the authority concerned and of such other person, if any, as the authority in each case may
think fit.
41. Filling of casual vacancies.—All casual vacancies among the members (other than ex officio
members) of any authority or other body of the University shall be filled, as soon as may be, by the
person or body who appointed, elected or co-opted the member whose place has become vacant and the
person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for
the residue of the term for which the person of whose place he fills would have been a member.
42. Proceedings of University authorities or bodies not invalidated by vacancies.—No act or
proceedings of any authority or other body of the University shall be invalid merely by reason of the
existence of a vacancy or vacancies among its members.
43. Protection of action taken in good faith.—No suit or other legal proceedings shall lie against
any officer or other employee of the University for anything which is in good faith done or intended to be
done in pursuance of any of the provisions of this Act, the Statutes or the Ordinances.
44. Mode of proof of University record.—A copy of any receipt, application, notice, order,
proceedings, resolution of any authority or Committee of the University, or other documents in
possession of the University, or any entry in any register duly maintained by the University, if certified by
the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order,
proceeding, resolution or documents or the existence of entry in the register and shall be admitted as
evidence of the matters and transactions therein where the original thereof would, if produced, have been
admissible in evidence, notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872)
or in any other law for the time being in force.
45. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order published in the Official Gazette, make such provisions,
not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing
the difficulty:
Provided that no such order shall be made under this section after the expiry of three years from the
commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament.
46. Transitional provisions.—Notwithstanding anything contained in this Act and the Statutes,—
(a) the first Chancellor and the first Vice-Chancellor shall be appointed by the Visitor and each of
the said officers shall hold office for a term of three years;
(b) the first Registrar and the first Finance Officer shall be appointed by the Visitor on the
recommendation of the Vice-Chancellor and each of the said officers shall hold office for a term of
two years;
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(c) the first Court and the first Executive Council shall consist of not more than fifteen members,
who shall be nominated by the Visitor and they shall hold office for a term of two years;
(d) (i) the first Planning Board shall consist of not more than fifteen members, who shall be
nominated by the Visitor out of a panel submitted by the Vice-Chancellor and they shall hold office
for a term of two years; and
(ii) the first Planning Board shall, in addition to the powers and functions conferred on it by this
Act, exercise the powers of the Academic Council, until the Academic Council is constituted under
the provisions of this Act and the Statutes, and in the exercise of such powers, the Planning Board
may co-opt such members as it may decide:
Provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by
appointment or nomination, as the case may be, by the Visitor, and the person so appointed or
nominated shall hold office for so long as the officer or member in whose place he is appointed or
nominated would have held that office, if such vacancy had not occurred.
47. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid
before Parliament.—(1) Every Statute, Ordinance or Regulation made under this Act shall be published
in the Official Gazette.
(2) Every Statute, Ordinance or Regulation made under this Act shall be laid as soon as may be after
it is made, before each House of Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the Statute, Ordinance or Regulation or both Houses agree that the Statute,
Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation shall thereafter have
effect only in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done under
that Statute, Ordinance or Regulation.
(3) The power to make Statutes, Ordinances or Regulations shall include the power to give
retrospective effect from a date not earlier than the date of commencement of this Act, to the Statutes,
Ordinances or Regulations or any of them but no retrospective effect shall be given to any Statute,
Ordinance or Regulation so as to prejudicially affect the interests of any person to whom such Statute,
Ordinance or Regulation may be applicable.
48. Completion of courses of studies in colleges or institutions affiliated to the
University.—Notwithstanding anything contained in this Act, or in the Statutes or the Ordinances, any
student of a college or an institution, who, immediately before the admission of such college or institution
to the privileges of the University, was studying for a degree, diploma or certificate of any University
constituted under any Act, shall be permitted by the University, to complete his course for that degree,
diploma or certificate, as the case may be, and the University shall provide for the instructions and
examination of such student in accordance with the syllabus of studies of such college or institution or
University, as the case may be.
49. Transfer of assets and options of the employees.—Notwithstanding anything contained in this
Act, or in the Statutes or the Ordinances, consequent upon merger of the Training Ship Chanakay,
Mumbai, the Marine Engineering and Research Institute, Mumbai, the Marine Engineering and Research
Institute, Kolkata, Lal Bahadur Shastri College of Advance Maritime Studies, Mumbai, the National
Maritime Academy, Chennai, Indian Institute of Port Management, Kolkata and the National Ship Design
and Research Centre, Visakhapatnam into the Indian Maritime University, all the assets and employees
shall stand transferred to the University and such employees shall have the following options:—
(i) the employees of the four training institutes under Indian Institute of Maritime Studies who
shall stand transferred to Indian Maritime University shall have the option to continue on deemed
deputation in Indian Maritime University on the terms and conditions in force of the Central
Government and also continue to retain or to be allotted government residential accommodation on
turn and avail of the Central Government Health Scheme facilities till their retirement;
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(ii) the employees of the National Maritime Academy, Chennai, Indian Institute of Port
Management, Kolkata and the National Ship Design and Research Centre, Visakhapatnam shall have
the option to continue on the terms and conditions of their respective institutes till their retirement;
and
(iii) all employees shall have the option to join University as per the service conditions of the
University.
50. Role of Central Government and Director-General of Shipping.—(1) The University shall, in
discharge of its functions under this Act, be bound by such directions on questions of policy as the
Central Government may give in writing to it from time to time.
(2) The decision of the Central Government as to whether a question is one of policy or not shall be
final.