Bare ActsThe St. Xavier's University, Kolkata Act, 2016

Section 38

Amendment status not verified — confirm the current text below against the official source.

(1) If in the case of any dispute between the University and any teacher, officer or employee of the University, no final order has been passed within a period of one year from the date on which the dispute was referred to the Governing Board by such teacher, officer or employee, such dispute shall on the request of such teacher, officer or employee, be referred to a Tribunal consisting of the following members, namely:— (i) the Chairperson, to be nominated by the Chancellor, (ii) One person to be nominated by the Governing Board, (iii) One person to be nominated by the teacher, officer or employee concerned. (2) An appeal from a teacher or an officer or an employee of the University in a disciplinary matter shall also be referred to the Tribunal and shall be decided and disposed of by the Tribunal. (3) The Tribunal may call for any record, report or other information from the University if, in its opinion, such record, report or other information is necessary for efficient discharge of its functions, and the University shall furnish such record, report or other information to the Tribunal. (4) The decision of the Tribunal shall be final and no suit or proceeding shall lie in any civil court in respect of the matters decided by the Tribunal. (5) The powers and functions including the procedure of holding proceedings of the Tribunal shall be such as may be provided in the Statutes. (6) Every request 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 24 of 1996. Conciliation Act, 1996, and all the provisions of that Act with the exception of section 2 thereof shall apply accordingly. PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 16, 2017 21 The St. Xavier's University, Kolkata Act, 2016. (Chapter 1V—General Provisions Governing all Authorities or other Bodies of the University—Sections 39-44.) CHAPTER IV General Provisions Governing All Authorities or Other Bodies of the University Disqualification. Term of office of members. Cessation of membership in certain cases. Filling up casual vacancies. Proceedings not to be invalidated by reasons of vacancies. Casting the vote by the Chairperson.

Section 38 – The St. Xavier's University, Kolkata Act, 2016 | DailyLaw.ai