The Central Government’s legislation enacted with the title, as the Tripura University Act, 2006 (Act no. 9 of 2007), by the Indian Parliament to the purpose of establishment and incorporation of University being teaching and affiliating University. Such University is aimed to establish in the State of Tripura under this Act. The Act was assented by the honourable President of India on 10th day of January, 2007. The provisions of this Act were commenced to have effect from 2nd day of July, 2007 by notifying in the Official Gazetted by the Central Government.
The relevant provisions in relation to the purpose of this Act are provided from section 3 of the Act, wherein a University namely, Tripura University which was established on 2nd day of October, 1987, under the provisions of the State enactment being the Tripura University Act, 1987 for Tripura State is required to be established as a corporate body under this Act with the same name, the head quarter of which is located at Agartala in the same State. And from such establishment, the references, properties, rights, liabilities, etc. and all employees of the prior Tripura University were transferred under this Act under the University established herein. The Act provides for list of objects of such University so established under this Act, which includes dissemination and advancement of knowledge by making provisions of instructional and research facilities thereof, as main amongst the other objects. In relation to these objects the University is vested with certain numerous powers provided under section 6 of the Act, the list of which is inclusive as per necessities. Similarly, the jurisdiction of the said University, is extended to the entire State of Tripura, however, the Central Government is holding powers as to restrict such extension of jurisdiction of the University.
The provisions to curb the problem of racial and other discrimination is provided under section 8, saying that irrespective of the Casts, creed, gender, race, etc., the university should be open for all persons, however, special provisions can be made for employment or admissions in the University for the special group of persons including women, disabled persons, etc. The President of India is treated under this Act as Visitor of the University, who can cause inspection and reviewing of work and progress of the University and facilities thereof by submitting report to him, by the person appointed by him. Along with such inspections, enquiries, etc. the Visitor is having all powers which will be provided under Statues made under this Act. Moreover, the Governor of the Tripura State is treated as Chief Rector of the University for the purpose of this Act.
Section 11 enlists the Officers of the University which includes the Chancellor, Vice- Chancellor, Pro-Vice- Chancellor, Deans of Faculties, etc. and even other Statute’s declared officers will also be the Officers of the University. Further sections make relevant provisions as to appointment, salary and allowances, authorities of such Officers under this Act. Similarly, there are several authorities provided under this Act which should be of that University, including the Court, Executive Council and other councils, Board of Studies, etc. and also other authorities which will be declared by the Statutes as the authorities of the University, under this Act. Also in respect of such authorities, the relevant provisions as to their constitution, etc. are provided under upcoming provisions of the Act.
Section 29 of the Act provides for making of Statutes of the University under this Act, which are to be provided on the matters enumerated under the same provision. The list of matters herein is inclusive. The First Statutes of the University are specifically provided under the Schedule annexed with the Act and for making other Statutes under this Act, the section 30 of the Act prescribes procedure wherein the Executive Council is empowered to make such new or additional Statutes or even it can amend or repeal the existing Statutes with the previous assent of the Visitor. Similarly, in respect of the Ordinances of the University, the provisions of section 31 provides for the matters on which such ordinances can make provisions, however, making of such ordinances are subjected to the provisions of this Act and the Statutes. Moreover, the authorities of the University are empowered under section 32 to make Regulations for the conduct of their business and affairs, however, the regulations should be consistent with the present Act, Statutes and Ordinances as aforesaid. Further, the Act makes provisions as to annual reports of University, annual accounts and balance sheet of the University, furnishing of returns and other information as to property and other activities of the University. Section 36 requires the appointment of employees of the University to be made by it under a written contract and in case of any dispute between the University and such employees, the same should be referred to the Arbitration Tribunal on the request of concerned employee, and decisions of such Tribunal will be final. In case of students disputes relation to examination as provided under section 37, the first authority of appeal is the Executive Council and in case of disputes relating to any disciplinary action taken by the University against any student then the matter be referred to the Arbitration Tribunal on request of such student for disposal of the same.
Further, under the miscellaneous provisions the Act provides for immunity to the officer or other employee of the University against the legal actions which are in relation to their actions taken in good faith or under the provisions of this Act, Statutes or Ordinances. The Central Government is required to provided for order as to remove any difficulties which can arise while giving effect to the provisions of this Act. As such the Tripura University is converted into a Central university under this Act.
by Faim Khalilkhan Pathan.