An Act no. 39 of the year 1974 was enacted by the Parliament of India with the name and title as ‘the University of Hyderabad Act, 1974’ being the Act of Central Government. The object and purpose for which the said enactment provides for, is for establishing and incorporating a teaching University in the State of Andhra Pradesh- AP. The Act was enacted in the 25th year of the republic of India and was assented by the honourable President of India on 3rd day of September, 1974.
The Act makes provisions for establishment of the University in the concerned State with the name as ‘University of Hyderabad’ the headquarter of which is located at Hyderabad and the same is vested with the power to establish its campuses at any places within its jurisdiction. The said Jurisdiction of the University is extending over the entire territories of the State of Andhra Pradesh, as per section 6 of the Act and the institutions affiliated or associated with any other University in the State, should not be recognised by this University for any purposes. However, the same recognition can be made after due permission and approval from the Government of the concerned State. Further the University should be constituted by the Chancellor and Vice-Chancellor and members of the Court, Executive Council, etc. and all persons who will be become such officers or members. So far as the objects of the University are concerned, section 4 enlists the numbers of said, including the one regarding dissemination and advancement of knowledge in the branches of learning by providing instructional and research facilities. The said University is further vested with number of powers which have to be exercised by it in relation to its objects and the list of such powers is inclusive.
For avoiding discrimination in relation to employment and admissions in the University, the Section 7 says that the said University should be open for all persons irrespective of their casts, religions, creed, gender, etc., however, the University is also not restricted to provided for special provisions for the special categories of persons including, women, physically disabled persons, etc.
Further, section 8 of the Act sought to treat the President of India as the Visitor of the University and the said Visitor is empowered under the Act to provide for the authorities to look after and review the workings and progress of the University and also there is a provisions for inspection of University and relevant buildings, etc. by authorities appointed by such Visitor. Such Visitor is required to exercise its powers provided under the Statutes of the University. Similarly, the provisions for appointment of Governor of the State of Andhra Pradesh as Chief Rector of the University, are provided under section 9 of the Act. Further, so far as the Officers of the University are concerned, the Act enlist them under the provisions of section 10 of the Act where the Chancellor, Vice-Chancellor, Pro-Vice-Chancellor, Deans of Schools, Registrar, Finance Officer, and the other officers which will be declared as such by the Statutes. Similarly, the provisions of section 18 of the Act enumerated the number of authorities of the University, including the Court, Executive Committee, Academic Committee, Board of Schools, etc. And the appointment, conditions as to services and other relevant provisions as to such Officers and Authorities of the University are also contemplated under respective subsequent provisions of the Act. In addition to this, the Act sought constitution of the Planning Board of the University as per Statutes of the University, for advising generally on the planning and development of the University and reviewing the standard of education and research in the University.
The Statutes referred to above are to be made under the Act, as per section 25 and section 24 enlists the number of matters on which such Statues are required to provide, list inclusive. Similarly, the Section 26 of the Act makes provisions as to Ordinances of the University and provide for the matters for which such Ordinances to provide. Also provisions for making regulation by the Authorities for making provisions as to their conduct of business and also of business of that of Committees appointed by such Authorities, However, such regulations should be consistent with the provisions of the Act, Statutes and Ordinances made under this Act.
Moreover, the provisions of the Act further, provides for annual reporting, accounts and auditing by the University. And it is further specified that all employees of the University should be appointed under Contract of employment and if there is any dispute arise in relation to such contract or terms or conditions therein, the matter is required to referred to the Arbitration Tribunal, however, there should be a request from the employee concerned for such reference. Similarly, in case of any student or candidate for examination was barred from appearing therein, by the decision of the Vice-Chancellor, Discipline Committee or Examination Committee, then such student or candidate is having right to prefer an appeal against such decision, within 10 days period to the Executive Council. Even in case of any disciplinary action taken by the University any Student, then such matter should be referred to the Arbitration Tribunal on the request of such Student.
The University is also required to constitute pension or provident fund or even it should provide for necessary insurance schemes to its employees after being subjected to the prescribed conditions of the Statutes. Further, Section 38 of the Act clarify that if in case of any action is taken by the University Officers or Authorities thereof which are under the good faith and sought to be taken under the provisions of this Act or Statutes, Ordinances, then they should not be taken for any legal sanction or actions. Similarly, section 40 of the Act empowers the Central Government to provided for removal of difficulties by its orders, when such difficulties arise in giving the effect to the provisions of this Act.
by Faim Khalilkhan Pathan.