Transfer of employees from Central Government, Central University or autonomous bodies of Central Government

The transfer is with the consent of the parent Government/organisation and is in public interest.

The employee has not opted to receive pro-rata retirement benefits from the parent Government/organisation.

The Central Government/autonomous bodies of Central Government including a statutory body, discharges its pension liability, paying in lumpsum, by a one time payment, the pro-rata pension/service gratuity/terminal gratuity and retirement gratuity for the service up to the date of absorption in the University.

When an employee of State Government/State University is permanently absorbed in the University.

The Transfer is with the consent of the State Govt./State Universities;

The State Government/State University concerned pays to the University at the time of his permanent absorption in the University, the capitalized value of the retirement benefits in respect of the past service of the employee in that organisation:

When an employee of the University is transferred to Central Government, Central Government autonomous bodies, Public sector undertaking and autonomous bodies under the State Government.

In all cases of absorption where the liability of retirement benefits is to be borne by a body other than the University, prior approval of that body to the arrangement proposed should be obtained.

(7)

As and when the Central Government mends its rules relating to the General Provident Fund, Contributory Provident Fund, Pension, Gratuity etc., such amendments shall be deemed to have been incorporated in the Statutes with effect from the date such amendments are brought into force by the Central Government with respect to its employees. General (Miscellaneous)

(8)

(i) The sanction and payment of retirement benefits admissible under this Statute shall be regulated by such procedural instructions as would be issued by the Board of Management.

(ii) Interpretation: If any question arises relating to the interpretation of this Statute it shall be referred to the Visitor whose decision thereon shall be final.

(1)

Whenever, accordance with these Statutes, any person is to hold an officer or be a member of an authority of the University by seniority, such seniority shall be determined according to length of continuous service of such person in his grade, and in accordance with such other principles as the Board of Management may, from time to time, determine.

(2)

It shall be the duty of the Registrar, designated by the Board of Management to prepare and maintain in respect of each class of persons to whom the provisions of these Statutes apply a complete and up to-date seniority list in accordance with the provisions of the foregoing clause.

(3)

If two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in doubt, the Registrar, designated by the Board of Management, may, on his own motion and shall, at the request of any such person, submit the matter to the Board of Management whose decision thereon shall be final.] [Statute 24 on Seniority Lists, made by the Board of Management at its meeting held on 7th October, 1988 (Res. No.12.9.1) received the approval of the Visitor vide MHRD letter No.F.5-77/88-U.I.(Desk) dated 21.12.88]

[25. Date of Submission of Annual Report

The Annual Report of the University for a financial year prepared in accordance with the section 28 of the Act shall be submitted to the Visitor before December 31, following.] [Statute 25 on Date of submission of Annual Report, made by the Board of Management at its meeting held on October 7, 1988 (Res. No.12.9.1) received the approval of the Visitor vide MHRD letter No. No.F.5-77/88-U.I.(Desk) dated August, 1, 1989.]

[26. Ordinances how made

(1)

All ordinances, from the date of commencement of this Statute, shall be made by the Board of Management.

(2)

The first Ordinances made under sub-section (2) of Section 26 may be amended or repealed at any time by the Board of management provided that no Ordinances shall be made or amended or repealed, on any matter affecting the academic functioning of the University, except after consultation with the Academic Council, or unless the draft of such Ordinances has been proposed by the Academic Council.

Provided further that if the Board of management considers any amendment necessary to a draft Ordinance proposed by the Academic Council, it may return the draft ordinance with the suggested amendment to the Academic Council for reconsideration. If the Academic Council does not accept the suggestions for amendment, the Board may finalise the ordinance after taking the views of the Academic Council into consideration.

(3)

Every Ordinance made by the Board of Management shall come into effect immediately.

(4)

All Ordinances made by the Board of Management shall be submitted to the Visitor within three weeks from the date of its adoption. The Visitor may, within four weeks of the receipt of any Ordinance, inform the University about his objection, if any, to that Ordinance, and direct that its operation shall remain suspended until he has had an opportunity of exercising his power of disallowance. The Visitor may, after receiving the Ordinance, and his decision shall be final.] [Statue 26 was made by the Board of Management at its meeting held on December 14, 1990 and received the approval of the Visitor vide MHRD letter No. No.F.5/16/91-U.I.(Desk) dated April 18, 1991.]

[27. Regulation how made

(1)

The authorities of the University may make Regulations consistent with this Act, the Statutes and the Ordinances—

(a) laying down the procedure to be observed at their meetings and the number of members required to form a quorum;

(b) providing for all matters which are required by this Act, the Statutes or the Ordinances to be prescribed by Regulation;

(c) Providing for all such matters as are necessary to be provided by Regulations for the functioning of such authorities or committees appointed by them.

(2)

Every authority of the University may make Regulations providing for notice for the meetings to be given to its members; the manner in which the business at any meeting shall be conducted; and the manner in which the record of any proceedings of the meeting are kept.

(3)

The Board of Management shall have the power to amend or annul, any regulation which is not consistent with the provisions of this Act, the Statutes & the Ordinances.] [Statute 27 was made by the Board of Management at its meeting held on December 14, 1990 and received the approval of the Visitor vide MHRD letter No.F.5-15/91-U.I.(Desk) April 18, 1991.]

[28. Distance Education Council] [Statute 28 was made by the Board of Management at its meeting held on July 19, 1991 and received the approval of the Visitor vide MHRD letter No.F.5-29/91-U.I.(Desk) dated 16.9.91.]

(1)

Consistent with the duty of the University to take all such steps as it may deem fit for the promotion of the Open University and distance education systems in the educational pattern of the country and for the coordination and determination of standards of teaching, evaluation & research in such systems; and in pursuance of the objects of the University to encourage greater flexibility, diversity, accessibility, mobility and innovation in education at the University level by making full use of the latest scientific knowledge and new educational technology, and to further cooperation between the existing Universities; it is considered necessary and expedient to establish a Distance Education Council as an authority of the University under Section 16 of the Act.

(2)

(a) There shall be a Distance Education Council (DEC) which shall, within the frame work of the policies and guidelines laid down by the Board of Management, be responsible for the promotion and coordination of the open university and distance education system, and for the determination of its standards.

(b) The Distance Education Council is declared by this Statute as an authority of the IGNOU under Section 16 of the IGNOU Act.

(4)

(a) The Distance Education Council shall consist of the following members;

(b) A Registrar/Director, of the IGNOU designated by the Board of Management shall be the Secretary of the Distance Education Council.

(c) The members of the Distance Education Council nominated under sub-clauses (3)(a)(iii), (viii) and (ix) shall hold office for a term of three years from the date on which they are nominated;

(d) Six members of the Distance Education Council shall form the quorum for the meeting of the Council.

(4)

Powers & Functions of the Distance Education Council

(a) It shall be the general duty of the Distance Education Council to take all such steps as are consistent with the provisions of this Act, the Statutes and the Ordinances for the promotion of the open university/distance education system, its coordinated development, and the determination of its standards, and in particular.

(b) The Distance Education Council shall:

(c) Financial assistance under clause (4) (b) may be sanctioned only to the following categories of institutions:

(1)

Definition :

In this Statute, unless the context otherwise requires,—

i) "Tribunal " means the Tribunal of Arbitration referred to in Section 31 of the IGNOU Act, 1985, and

ii) "Party " means either the employee or the Indira Gandhi National Open University, as the case may be, whose dispute is referred to the Tribunal of Arbitration.

(2)

Equal treatment of parties:

The parties shall be treated with equality and each party shall be given a full opportunity to present his case.

Provided that if a Party so desires, he can present his case through a representative nominated by him with the approval of the Tribunal.

(3)

Determination of rules of procedure:

(i) The parties are free to agree on the procedure to be followed by the Tribunal in conducting its proceedings.

(ii) Failing any agreement referred to in sub-clause (i) above, the Tribunal may conduct the proceedings in the manner it considers appropriate and such procedure shall be binding on the Parties.

(iii) The power of the Tribunal under sub-clause (ii) includes the power to determine the admissibility, relevance, materiality and weight of any evidence.

(4)

Place of arbitration:

The place of arbitration shall ordinarily be the office of the University at its Headquarters.

Provided that the Tribunal can meet at any other place where the University offices are located for purpose of consultation among its members, for hearing witnesses, expewrts or the parties, or for inspection of documents etc.

(5)

Commencement of arbitral proceedings:

Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.

(6)

Language:

(i) The parties may agree upon the language or languages to be used in the proceedings of the Tribunal.

(ii) In the absence of such an agreement, the proceedings shall be conducted either in English or in Hindi.

(iii) The Tribunal may direct that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon the parties of determined by the Tribunal.

(7)

Statements of claim and defence:

(i) Within the period of time agreed upon by the parties or determined by the Tribunal the claimant shall state the facts supporting hi claim. The points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise agreed as to the required elements of those statements.

(ii) The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents of other evidence they will submit.

(iii) Unless otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the proceedings unless the Tribunal considers it inappropriate to allow the amendment or supplement having regard to the delay in making it.

(8)

Hearing and written proceedings:

(i) Unless otherwise agreed by the parties, the Tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials:

(ii) The parties shall be given sufficient advance notice of any hearings and of any meeting of the Tribunal for the purpose of inspection of documents and other relevant material.

(iii) All statements, documents or other information supplied to, or applications made to the Tribunal by one party shall be communicated to the other party, and any expert report or documents on which the Tribunal may rely in making its decision shall be communicated to the parties.

(9)

Default of a party:

Unless otherwise agreed by the parties, where, without showing sufficient cause.

(a) the Claimant fails to communicate his statement of claim in accordance with Sub-Clause (i) of Clause (6), the Tribunal shall terminate the proceedings;

(b) the respondent fails to communicate his statement of defense in accordance with Sub-Clause (i) of Clause (6), the Tribunal shall continue the proceedings without treating the failure in itself as an admission of the allegations by the claimant;

(c) a party fails to appear at an oral hearing or to produce documentary

(10)

Expert appointment by the Tribunal:

(i) Unless otherwise agreed by the parties. The Tribunal may—

(a) appoint one or more experts to report to it on specific issues to be determined by the Tribunal, and

(b) require a party to give the expert any relevant information or to produce, or to provide access to any relevant documents and materials for his inspection.

(ii) Unless otherwise, agreed by the parties, if a party so requests or if the Tribunal considers it necessary, the expert shall, after delivery of his written or oral report, participate in an oral hearing where the parties have the opportunity to put questions to him and to present expert witnesses in order to testify on the points at issue.

(iii) Unless otherwise agreed by the parties, the expert shall, on the request of a party, make available to that party for examination all documents, relevant material in the possession of the expert with which he was provided in order to prepare his report.

(11)

The meetings of the Tribunal shall be conducted by the Umpire nominated by the Visitor on a Tribunal.

APPENDIX `A'

[to statute 23-Refer to 23 (i) (a)]

General Provident Fund-Cum-Pension-Cum-Gratuity Scheme

SECTION 1

GENERAL PROVIDENT FUND