As a Chancellor

Governor’s Role as a Chancellor:

As per the Jharkhand State Universities Act. 2000 Section (9), the Chancellor has been defined as.

The Governor of Jharkhand shall be the Chancellor and shall, by virtue of his office, be the head of the University and the President of the Senate, and shall when present, preside over meetings of the Senate, and at any convocation of the University.

The Chancellor shall have the powers to inspect the University, its buildings, laboratories, workshops and equipment, any college or hostel, the teaching or examinations conducted, or any act done by the University, and to get such inspection done by such person or persons who may be directed by him and to inquire or to cause an inquiry made, in like manner in respect of any matter connected with the University [and it shall be the duty of the officers of the concerned University and College to render necessary assistance in such inspection:] Provided that the Chancellor shall in every case, inform the Vice-Chancellor of his intention to inspect or inquire or to get the inspection or inquiry conducted and the University shall be entitled to representation therein.

• The Chancellor may send the results of such inspection or inquiry to the Vice-Chancellor and the Vice-Chancellor shall communicate the views of the Chancellor to the Syndicate and the Academic Council.
• The Syndicate and the Academic Council shall report to the Chancellor within the specified period, such action, if any as has been taken or is proposed to be taken upon the results of such inspection or enquiry.
• Where the Syndicate and the Academic Council fail to take action up to the satisfaction of the Chancellor within a reasonable time, the chancellor may, after considering the explanation furnished or representation filed by the Syndicate and the Academic Council, give such direction as he considers fit and the Syndicate and the Academic Council shall at once comply:

Provided that notwithstanding anything contained in sub-section (3) the chancellor, if he deems necessary, on the basis of report received from the Vice-Chancellor or otherwise, may call for explanation from any teacher or officer of the University or colleges affiliated to it and after the consideration on the charges, issue such direction as he deems fit, and the Vice-Chancellor, the Syndicate and the Academic Council or the Governing body or Ad hoc committee, as the case may be shall comply with it within the specified period.

• The Chancellor may, by order in writing, annual any proceeding or order of the university which is not in conformity with this Act, the Statutes, the Ordinance or the Regulation or for which adequate reason is lacking:

Provided that before making any such order or direction he shall call upon the University to show cause within the time specified why such order or direction should not be made, and if any cause is shown within the said time limit, he shall consider the same.

• The Chancellor may revoke or recall any order passed by him if he considers such review or recall to be justified or finds on the face of the records that the earlier order was erroneous.
• Every proposal for the conferment of an honorary degree shall be subject to confirmation of the Chancellor.
• Where power is conferred upon him by this Act or the Statutes to nominate persons to authorities and bodies of the University, the Chancellor shall, to the extent necessary and without prejudice to such power, nominate persons to represent interests not otherwise represented.
• The Chancellor shall have the power to transfer the officers and teachers of the Universities from one University to other or in the same University on the same post or an any other equivalent post, the transferees shall retain their respective seniority.

The Chancellor shall have the power to issue direction to the Universities in the administrative or academic interest of the Universities which he considers to be necessary. The direction issued by the Chancellor shall be implemented by the Vice-Chancellor, Syndicate, Senate and other bodies of the Universities as the case may be.
Any person aggrieved by such order of the Chancellor may file representation to the Chancellor, who on consideration of the representation shall have the power to affirm, modify or rescind his earlier order and pass such other order or orders which he may deem fit and proper.

Section-10 Provides that: –

1. 1. No person shall be deemed to be qualified to hold the office of Vice-Chancellor unless such person is, in the opinion of the Chancellor, reputed for his scholarship and academic interest.
   2. The Vice-Chancellor shall be appointed by the Chancellor in consultation with the State Govt. and shall hold his office during the pleasure of the Chancellor for a term not exceeding three years.

Section-11 – Removal of V.C.

Section-12 – Appointment of Pro-V.C.

Section-12 Provides that: –

1. 1. The Chancellor shall appoint the Pro-Vice-Chancellor, in consultation with the State Govt. for a period not exceeding three years during the pleasure of the Chancellor.

Section-12A Speaks that: –

The Chancellor shall appoint on officer as the Financial Advisor either on deputation or by re-employment from amongst the officers of the Indian Audit and Accounts Services or from any other Accounts Services of Govt. of India. The terms and conditions of Service of the Financial Advisor shall be determined by the Chancellor in consultation with the State Govt. and he shall ordinarily hold the post for three years.

If in any financial proposal the Vice-Chancellor or the Syndicate takes a decision contrary to the advice of the Financial Advisor, such a decision shall not be implemented and shall be forwarded by the Vice-Chancellor to the Chancellor, whose decision in the matter shall be final and binding.

Section-13 Provides that: –

The Chancellor may make such arrangement for the performance of the duties of the office of the Vice-Chancellor during the temporary absence of the Vice-Chancellor by reason of leave, illness or for any other cause, as he deems fit.

In case of vacancy of the post of the Vice-Chancellor caused due to death, resignation, completion of the term or any other reason the Chancellor on the basis of the information received from the Pro-Vice-Chancellor or Registrar or any other source, may make such arrangements for the performance of the duties of the office of the Vice-Chancellor, as he deems fit.

Section-15 Provides that: –

Notwithstanding any provisions of the Act, if the Chancellor thinks fit, he may request the State Govt., Central Govt., University Grant Commission or any university to send names of suitable officers for the post of Registrar, and in that cases the State Govt., Central Govt., University Grant Commission or any University may send the name of one or more officers for consideration for appointment as Registrar under such terms and conditions of service, as he may consider fit, and then the chancellor shall appoint the Registrar from amongst them. The Chancellor may transfer the Registrar from one University to another University, on the same or on any equivalent post or within the same University on any other equivalent post.

Section-18

In constitution of Senate the Chancellor has an important role. The Chancellor will preside over the meetings of the Senate. Also, several ex-official members are nominated by the Chancellor are as follows: –

1. 1. Half of such of the Heads of the University Departments as are not Deans shall be nominated by the Chancellor in rotation.
   2. Ten Principals of colleges maintained by the University as are not Deans to be nominated by the Chancellor in rotation.
   3. Five Professors/Readers admitted to the privileges of the University in the manner prescribed in the statutes, are not Deans shall be nominated by the Chancellor in rotation.

In the panel of nominated members for the Senate: –

(a) Three persons to be nominated by the Chancellor who are persons of scholarly pursuits.

(b) Six such graduates, other than the teachers of the University or its colleges, on have completed a period of five years after graduation, to be nominated by the Chancellor from the panel of registered graduates prepared by the Vice-Chancellor, one of whom shall be from S.C., one from S.T., and one from other backward classes.

Section-22 exhibits the constitution of Syndicate in which one reputed educationist can be nominated by the Chancellor.

The Chancellor has an important role regarding the formation of statutes. Section-36 of the Act. says that: –

The Senate may, either on its own motion or on submission by the Syndicate, make statutes or amend or repeal it:

Provided that: –

1. 1. The Senate shall not consider any statute having the effect of changing the no. of posts of teachers, officers and servants of the University, the pay scales or pay order unless such a draft is recommended by the Chancellor for the consideration of the Senate.
   2. Where the Senate has passed the draft of any statute if shall be submitted to the Chancellor who shall declare that he assents thereto as passed by the Senate or with such amendments as he deems proper.

Provided that the Chancellor may as soon as possible after the presentation to him of the draft of the statute so passed for assent, return the draft together with a message requesting that the Senate shall reconsider the draft and when the draft is so returned, the Senate shall reconsider the draft accordingly and if the draft is passed again by the Senate with or without any amendment and is presented to the Chancellor for assent, the Chancellor shall declare either that he assents thereto with such amendments which he deems proper or that he withholds assent therefrom. A statute passed by the Senate shall have no validity until it has been assented to by the Chancellor. If at any time when the Senate is not in session and the Chancellor is satisfied that it is necessary to frame statutes on any subject, the Chancellor after obtaining the advice of the Inter-University Board shall send the draft statutes for opinion to the Syndicate of the University and it shall be binding on the Vice-Chancellor to convene a meeting of the Syndicate for consideration of the draft statutes within 10 days of receipt of the said draft. The Chancellor shall then give his assents to the statutes with such amendments as may deem necessary in the light of the opinion of the Syndicate. The statutes shall be deemed to have come into force in the University from the date of assent. Statutes formed in this manner shall be placed before the next meeting of the Senate for confirmation.

Provided that if there be any financial implication in the statutes, the Chancellor shall obtain the advice of the state Govt. on the draft statutes before sending it to the Syndicate for opinion.

Regarding the formation of ordinances, the Chancellor plays important role. An ordinance made by the Syndicate first submitted to the Senate the Senate either reject the ordinance or approve it with some modifications, if any, and from such date as it may direct and then such an ordinance approved by the Senate shall be submitted to the Chancellor for his assents.

If at any time except when the Senate is in session, the Syndicate makes an ordinance and considers its immediate enforcement necessary, the Syndicate may recommend to the Chancellor accordingly and the Chancellor shall there upon, by order published in the official Gazette, direct that the ordinance shall come into immediate effect, but such ordinance shall cease to have effect on the expiry of seven days from the date of the next meeting of the Senate unless confirmed by it.

A Regulation made by the Academic Council shall be forwarded to the Syndicate for transmission to the Senate with such recommendations, if any as it may wish to make and shall have no power to return it to the Academic council for reconsideration unless such regulation in the opinion of the Syndicate relates to matter which directly or indirectly, affect the finances of the university such a regulation shall have effect from the date on which it has been assented to by the chancellor on being passed by the Senate with or without amendment, or from any date fixed by the chancellor. Provided that at any time except when the Senate is in session, if the Academic Council makes a regulation and considers its immediate enforcement necessary, the Academic Council may recommend through the Syndicate, to the Chancellor accordingly and chancellor with such amendment as he think proper shall direct by a notification published in the Gazette that the Regulation shall come into immediate effect but such a Regulation shall cease to be effective on the expiry of seven days from the date of the next meeting of the Senate unless confirmed by the Senate.

Provided further that if any Regulation made by the Academic Council under the proceeding proviso, involves expenditure from the University funds, the Regulation shall be forwarded to the Chancellor with the advice of the Financial Adviser.

In regard to the Account and audit of the University fund, a copy of the annual accounts of the University together with the auditor’s report thereon shall be submitted by the Syndicate within six months of the receipt of the report, to the state Govt., the Chancellor and the Senate and the Chancellor shall cause the same to be published in the official gazette.

The Commission for the appointment of teachers and officers of the University shall consist of such persons as the Chancellor may direct: (1) one person, who is eminent for his special knowledge and aptitude, and who is not in the University service, (2) two experts not below the rank of a University Professor, as the members of the Commission may direct:

If the Vice-Chancellor does not accept the recommendation made by the commission, it shall record its reasons in writing and forward the case for order to the Chancellor and the order of the Chancellor shall be final and binding.

Notwithstanding anything contained in the Act, the Vice-Chancellor may appoint a person of eminence in the concerned subject to the post of Principal of the University or Principal of the rank of Principal of the University after consultation with and obtaining previous approval of the Chancellor.

Regarding the Disputes as to constitution of university authorities and bodies, if a question arises whether any person has been duly elected, or is entitled to be a member of the Senate, the Syndicate or the Academic Council, the matter shall be referred to the Chancellor whose decision thereon shall be final.

If an employee of a University is transferred under orders of the Chancellor from one University to another University, he shall continue to get the pay and allowances he has been drawing and shall carry his seniority based on the date of his regular appointment to the post.

If a dispute arises upon a transfer on to the post or rank which the transferred officer or teacher or servant should hold in the University, the matter shall be referred to the Chancellor whose decision there on shall be final.

Regarding the Removal of difficulties by the Chancellor at the commencement of this Act ,if any difficulties arises in respect of establishment of the University or in the first implementation of the provisions of this Act or Statutes, or otherwise, the Chancellor may at any time, before the constitution of all the authorities of the Universities, by order, consistent with the provisions of this Act and statutes, as far as possible, make any appointment or perform any other function, which seems necessary or proper to him for the removal of said difficulty, and all such orders shall take effect in the same manner as if the said appointment or function has been done in the manner provided in this Act.

Provided that before issuing such an order, the Chancellor shall elicit the opinion of the Vice-Chancellor and of such appropriate authority of the University, as may have been constituted, on the proposed order and give considerations thereon.

Regarding Transitory provisions of the Act, it speaks that notwithstanding anything contained in this Act, the Vice-Chancellor may for a period not exceeding six months from the commencement of this Act, and with the previous approval of the Chancellor and subject to the provision of funds by the state Govt. or otherwise, discharge all or any of the functions of the University for the purpose of carrying out the provision of this Act and for that purpose may exercise any power or perform any duties which by this Act are to be exercised or performed by any officer or authority of the University, not being an officer or authority of the University in existence at the time when such powers are exercised or such duties are performed.

Regarding the Election for the purpose of constituting the Senate, the Syndicate, and the Academic Council under the Act, the Chancellor shall make such arrangements for holding election under the Act that the newly elected, appointed, nominated and co-opted members of the Senate, the Syndicate & the Academic Council, as constituted under this Act, assume charge of their respective officers from the date following the expiry of the period specified in concerned with the subject transitory provision, and the term of office of the members of the said authorities shall be deemed to have commenced from the said date.

Notwithstanding anything contained in the preceding section of this Act, the Chancellor shall if the Vice-Chancellor reports that in his opinion, either the election is not immediately possible or it is not in the interest of the University, to fill up the vacancies by nominations.