3 notwithstanding anything contrary contained in any other law, the provisions of provisions of agreeinent to have force of the agreement set out in the schedule shall have the force of law in india, law incorporation of south asian university 4, (1) with effect from such date as the central government may, be notification in the officia! gazette, appoint in this behalf, there shall be established, for the purposes of giving effect to provisions of the agreement, a university to be called as south asian university (2) the university shall be a body corporate having perpetual succession and a common seal and shall sue and be sued by the said name (3) the headquarters of the university shall be at delhi (4) the university may establish or maintain campuses and centres at such other places within india and outside india in the saarc region as it may deem fit 1¢ jurisdiction, § the jurisdiction of the university shall extend to whole of india and to campuses and centres established outside india in the saarc region : is provided that where the university establishes and maintains any campus or centre outside india at any place in the saarc region, then the jurisdiction of the university shall extend to such campus or centre, subject to the provision of the agreement and laws in force in any of the member states within which such campus or centre is situated governing board 6 (1) there shall be a governing board of the university consisting of two members from each of the member states of the saarc and the president of the university: fe provided that until the first governing board is formed, the inter-governmental steering committee of the saarc shal! function as an interim governing board (2) the governing board shall be headed by the chairperson who shall be elected from amongst the members of the governing board (3) the members of the governing board shall be selected in such manner and for such term as provided in article 5 of the schedule as (4) the president of the university shall be the exofficio member of the governing board : (5) the governing board shail be responsible for all the policies and directions of the university and management of its affairs 3° (6) the chairperson of the board shall exercise such powers as may be prescribed by statutes 7 the objectives of the university shall be— objectives of university (a) to disseminate and advance knowledge, wisdom and understanding by providing instructional and research facilities in such branches of learning as it may deem fit; (6) to take appropriate measures for promoting innovations in teaching-learning process, inter-disciplinary studies and application of knowledge to social advancement, and human welfare and to the promotion of regional peace andsecurity; (c) to impart liberal and humane education towards capacity building of the south asian nations in the domain of science, technology and other areas of higher learning vital for improving their quality of life and to give students the analytical tools needed for the pursuit of profession and inculcate in them the quality of leadership; (d) to foster in the students sound civic sense and to train them to become useful citizens of democratic societies; (e) to build a south asian community of learning where students from countries of south asia are able to develop their fullest intellectual potential and to cicate a south asian community by strengthening regiona! consciousness; and (/ to harmonise the academic standards and accreditation norms in teaching, research and curriculum that are acceptable to ali member states 8 the university shal! have the foilowing powers, namely:— | powers        | of            ||---------------|---------------|| university,   |               || (i)           | to            || from          | time          || and           | dissemination || jo            |               || (ii)          | to            || units         | for           || (iii)         | to            || for           | any           || (iv)          | to            || or            | certificates  || examinations, | evaluation    || diplomas,     | certificates, || cause;        |               || (¥)           | to            || the           | statutes;     || (vi)          | to            || training      | and           || (vii)         | to            || lecturerships | and other     || and           | to            || and           | lecturerships || (viii)        | to            || and           | such          || university;   |               || (ix)          | to            || teachers      | of            || (x)           | to            || from          | time          || (xi)          | to            || their         | code          || 35            |               || (xii)         | to            || determined    | from          || (xiii)        | to            || university    | institutions  || with          | such          || he            |               || (xiv)         | to            || authority     | or            || u             |               || s             |               || in            | view          || such          | manner        || agreed        | upon          || (xv)          | to            || any           | other         || admitted      | to            |(xvi) to demand and receive payment of fees and other charges as may be prescribed; (xvii) to establish halls and to recognise, guide, supervise and control halls not maintained by the university and otner accommodation for students, and to withdraw any such recognition; (xviii) to make arrangements for promoting health and general welfare of students and employees of the university; (xix) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the university to be necessary, /o (xx) to institute and award fellowships, schoiarships, studentships and prizes; (xxi) to receive benefactions, donations and gifts in accordance with the regulations made by the governing board as per norms of the saarc and to acquire, is hold, manage and dispose off any property, movable or iinmovable, including trust and endowment properties, for the purposes or objects of the university and to invest funds in such manner as it deems fit; (xxii) to borrow, with the approval of the governing board, on the security of the university property, money for purposes of the university; (xxii?) to recognise for any purpose, either in whole or in part, any institution or members or students thereof on such terms and conditions as may, from time to time, ze be prescribed and to withdraw such recognition; (xxiv) to enter into any agreement for the incorporation of any other institution in the university and for taking its rights, properties and liabilities and for any other purpose not repugnant to this act; (xxv) to make provision for research and advisory services and for that purpose as to enter into such arrangements with other institutions or bodies as it may deem necessary; (xvi) to provide for the printing, reproduction and publication of research and other work which may be issued by the university; (xxvii) to exercise such other powers accorded to it under the agreement; and 8° (xviii) to do all such other acts as may be necessary, incidental or conducive to the promotion of all or any of the objects of the university 9, the university shall be open to all persons irrespective of gender, caste, creed, disability, ethnicity or socio-economic background and it shall not be lawful for the university as" to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teac her of the university or to hold any office therein raduate thereat or to enjoy or exercise any or be admitted as a student in the university orto g privilege thereof 10 (7) the foreign minister of the current chair of the saarc shall be the visitor of he the university (2) the visitor shall have such powers as may be prescribed by the statutes 11 (1) there shall be a president of the university and such other officers, appointed in such manner as may be prescribed, who shall exercise such powers and functions as may be prescribed (2) the president shall be the chief executive officer of the university ls university open to all persons visitor ofofficers university president and its powers ; 12 (/) the president shal! be appointed by the governing board in such manner as may be prescribed by the statutes: provided that untii the president is appointed, the chief executive officer of the project office shall exercise the powers of the president and function as chief executive officer of the university (2) the president shall, as the chief executive officer, exercise general supervision and control over the affairs of the university and shall be responsible for implementing the objectives of the university and fulfilling the policy directives of governing board, (3) the president may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act jo and shall report to such authority at its next meeting the action taken by him on such matter: provided that such exercise of power shall be made only in emergent situations and in no case in respect of creation and upgradation of posts, and appointments thereto: provided further that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the governing board whose decision fe thereon shall be final (4) the president, if he is of the opinion that any decision of any authority of the university is beyond the powers of the authority conferred by the provisions of this act and the statutes or that any decision taken is not in the interest of the university, may ask the authority concerned to review its decision within sixty days of such decision and if the 2° authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the governing board whose decision thercon shall be final (5) the president or any officer of the university, authorised by him in this behalf, shall have the power to enter into agreements, sign documents and authenticate records on 2 behalf of the university (6) the president shali exercise such other powers as may be prescribed by the statutes other officers 13 the manner of appointment and powers and duties of other officers of the university shall be such as may be prescribed by the statutes 3¢ privileges and immunities of president and academic staff 14 the university, the president and the members of the academic staff and, where applicable, their dependents or members of the family, shall enjoy such privileges and immunities as the central government may notify under section 3 of the united nations fee i947 (privileges and immunities) act, 1947 15 the following shall be the authorities of the university:— es: authorities of university (a) the executive council, (6) the academic council, and (c) such other authorities as may be declared by the governing board isi the statutes to be the authorities of the university 16 (/) the executive council shail be the executive body of the university and shali ae executive council exercise powers to give effect to the directions or decisions of the president and the governing board (2) the constitution of t'+ executive council, the term of office of its members and its powers and functions shall be such as f « 7 be prescribed by the statutes 17 (/) the academic council shali be the principal academic body of the university and shall, subject to the provisions of this act, the statutes and regulations, co-ordinate and exercise general supervision over the academic policies of the university (2) the constitution of the academic council, the term of office of its members and its powers and functions shall be such as may be prescribed by the statutes 18 the constitution of the authorities under clause (c) of section 15, the terms of the office of the members of such authorities and their powers and duties shall be such as may be prescribed by the statutes 19 (7) the university shall have such faculties as may be prescribed by the statutes je (2) each faculty shall have such departments or schools of studies as are prescribed by the statutes, and each department or schools of studies shall have such subjects of study as may be assigned to it by regulations 20 (/) subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely:— | (a)                | powers        | of         | the       | visitor;    ||--------------------|---------------|------------|-----------|-------------|| 1                  |               |            |           |             || (4)                | powers        | of         | the       | chairperson || (c)                |               |            |           |             || manner             |               |            |           |             || of                 |               |            |           |             || appointment        |               |            |           |             || of                 |               |            |           |             || the                |               |            |           |             || president          |               |            |           |             || and                |               |            |           |             || its                |               |            |           |             || powers;            |               |            |           |             || (@)                |               |            |           |             || the                |               |            |           |             || constitution,      |               |            |           |             || powers             |               |            |           |             || and                |               |            |           |             || functions          |               |            |           |             || of                 |               |            |           |             || the                |               |            |           |             || executive          |               |            |           |             || council,           |               |            |           |             || academic           |               |            |           |             || council            |               |            |           |             || and                |               |            |           |             || other              |               |            |           |             || authorities        |               |            |           |             || and                |               |            |           |             || bodies             |               |            |           |             || of                 |               |            |           |             || the                |               |            |           |             || university;        |               |            |           |             || (e)                | categories    | of         | academic  | staff;      || ae                 |               |            |           |             || (/)                |               |            |           |             || appointment        |               |            |           |             || of                 |               |            |           |             || teachers,          |               |            |           |             || academic           |               |            |           |             || staff              |               |            |           |             || and                |               |            |           |             || other              |               |            |           |             || employees          |               |            |           |             || of                 |               |            |           |             || the                |               |            |           |             || university;        |               |            |           |             || (g)                | establishment | of         | faculties | of          || (a)                |               |            |           |             || the                |               |            |           |             || conditions         |               |            |           |             || under              |               |            |           |             || which              |               |            |           |             || institution        |               |            |           |             || may                |               |            |           |             || be                 |               |            |           |             || admitted           |               |            |           |             || to                 |               |            |           |             || the                |               |            |           |             || privileges         |               |            |           |             || of                 |               |            |           |             || the                |               |            |           |             || university         |               |            |           |             || and                |               |            |           |             || the                |               |            |           |             || withdrawal         |               |            |           |             || of                 |               |            |           |             || such               |               |            |           |             || privileges;        |               |            |           |             || (8                 | the           | conferment | of        | honorary    || a                  |               |            |           |             || (/)                |               |            |           |             || delegation         |               |            |           |             || of                 |               |            |           |             || powers             |               |            |           |             || vested             |               |            |           |             || in                 |               |            |           |             || the                |               |            |           |             || authorities        |               |            |           |             || or                 |               |            |           |             || officers           |               |            |           |             || of                 |               |            |           |             || the                |               |            |           |             || university;        |               |            |           |             || (x)                |               |            |           |             || setting            |               |            |           |             || up                 |               |            |           |             || of                 |               |            |           |             || a                  |               |            |           |             || machinery          |               |            |           |             || for                |               |            |           |             || redressal          |               |            |           |             || of                 |               |            |           |             || grievances         |               |            |           |             || between            |               |            |           |             || employees          |               |            |           |             || or                 |               |            |           |             || the                |               |            |           |             || students           |               |            |           |             || and                |               |            |           |             || the                |               |            |           |             || university;        |               |            |           |             || and                |               |            |           |             || be                 |               |            |           |             || ()                 |               |            |           |             || all                |               |            |           |             || other              |               |            |           |             || matters            |               |            |           |             || which              |               |            |           |             || by                 |               |            |           |             || this               |               |            |           |             || act                |               |            |           |             || are                |               |            |           |             || to                 |               |            |           |             || be                 |               |            |           |             || or                 |               |            |           |             || may                |               |            |           |             || be                 |               |            |           |             || provided           |               |            |           |             || for                |               |            |           |             || by                 |               |            |           |             || the                |               |            |           |             || statutes          |               |            |           |             || (2)                |               |            |           |             || the                |               |            |           |             || first              |               |            |           |             || statutes           |               |            |           |             || shall be           |               |            |           |             || those              |               |            |           |             || as                 |               |            |           |             || may                |               |            |           |             || be                 |               |            |           |             || made               |               |            |           |             || for                |               |            |           |             || the                |               |            |           |             || operation          |               |            |           |             || of                 |               |            |           |             || the                |               |            |           |             || university         |               |            |           |             || by                 |               |            |           |             || the                |               |            |           |             || inter-governmental |               |            |           |             || steering           |               |            |           |             || committee          |               |            |           |             || of                 |               |            |           |             || the                |               |            |           |             || saarc             |               |            |           |             || (3)                |               |            |           |             || the                |               |            |           |             || governing          |               |            |           |             || board              |               |            |           |             || may,               |               |            |           |             || from               |               |            |           |             || time               |               |            |           |             || to                 |               |            |           |             || time,              |               |            |           |             || make               |               |            |           |             || new                |               |            |           |             || or                 |               |            |           |             || additional         |               |            |           |             || statutes           |               |            |           |             || or                 |               |            |           |             || may                |               |            |           |             || amend              |               |            |           |             || or                 |               |            |           |             || repeal             |               |            |           |             || the                |               |            |           |             || statutes           |               |            |           |             || referred           |               |            |           |             || to                 |               |            |           |             || in                 |               |            |           |             || sub-section        |               |            |           |             || (2):               |               |            |           |             || 3s                 |               |            |           |             || provided           |               |            |           |             || that               |               |            |           |             || the                |               |            |           |             || governing          |               |            |           |             || board              |               |            |           |             || shall              |               |            |           |             || not                |               |            |           |             || make,              |               |            |           |             || amend              |               |            |           |             || or                 |               |            |           |             || repeal             |               |            |           |             || any                |               |            |           |             || statute            |               |            |           |             || affecting          |               |            |           |             || the                |               |            |           |             || status,            |               |            |           |             || powers             |               |            |           |             || or                 |               |            |           |             || constitution       |               |            |           |             || of                 |               |            |           |             || any                |               |            |           |             || authority          |               |            |           |             || of                 |               |            |           |             || the                |               |            |           |             || university         |               |            |           |             || until              |               |            |           |             || such               |               |            |           |             || authority          |               |            |           |             || has                |               |            |           |             || been               |               |            |           |             || given              |               |            |           |             || an                 |               |            |           |             || opportunity        |               |            |           |             || of                 |               |            |           |             || expressing         |               |            |           |             || an                 |               |            |           |             || opinion            |               |            |           |             || in                 |               |            |           |             || writing            |               |            |           |             || on                 |               |            |           |             || the                |               |            |           |             || proposed           |               |            |           |             || changes,           |               |            |           |             || and                |               |            |           |             || any                |               |            |           |             || opinion            |               |            |           |             || so                 |               |            |           |             || expressed          |               |            |           |             || has                |               |            |           |             || been               |               |            |           |             || considered         |               |            |           |             || by                 |               |            |           |             || the                |               |            |           |             || governing          |               |            |           |             || board             |               |            |           |             |21 (7) subject to the provisions of this act and the statutes, the regulations may provide for all or any of the following matters, namely:— (a) the admission and enrolment of students to the university and institutions maintained by, or admitted to, the privileges of the university; (6) the courses of study to be laid down for all degrees, diplomas and certificates of the university; academic council constitution of other authorities the faculties and departments statutes regulations(c) the medium of instruction and examination; (d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same; (e) the fees to be charged for courses of study in the university and for admission to the examinations, degrees and diplomas of the university; (/) the institution of, and conditions for award of, fellowships, scholarships, studentships and prizes; (g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators; je (a) the conditions of residence of students of the university; (i) the special arrangements, ifany, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them; (j) the establishment of centres, university institutes, departments, schools of |s studies, boards of studies, specialised laboratories and committees: (4) the creation, composition and functions ofany other body which is considered necessary for improving the academic life of the university; (j) the manner of cooperation and collaboration with other universities, institutions and other bodies or associations; and (m) all other matters which by this act or the statutes are to be or may be provided for, by the regulations as (2) the first regulations shall be made by the chief executive cfficer of the project office with the prior approval of the inter-governmental steering commitee and the regulations so made may be amended, repealed or added to any time by the governing board in the manner prescribed by the statutes 22 the authorities of the university may make bye-laws consistent with this act, the statutes and the regulations for the conduct of their own business and not provided for by this act, the statutes or the regulations, in the manner as may be prescribed by statutes x 23 the power to make statutes or regulations shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this act, to the statutes or regulations or any of them but no retrospective effect shall be given to any power to give retrospective effect to statutes and regulations statute or regulation so as to prejudicially affect the interests of any person to whom such statute or regulation may be applicable annual report 24 (/) the annwal report of the university shali be prepared under the direction of as the governing board and shall be considered by the university at its annual meeting the annual report of the university shall also be presented to the session of the council of ministers of the saarc (2) the annual report of the university shail be circulated to a!! the saarc member states through the saarc secretariat he audit of accounts; 25 (/) the accounts of the university shall, once at least in every year and at intervals of not more than fifteen months, be audited by any person or firm authorised by the governing board (2) the accounts of the university shall be audited, as per existing norms as laid down by the saarc, & - 3 (3} the accounts, when audited shai! be published, and a copy of the accounts together with the audited repori shal! be submitted to the secretary-general of the saarc | conditions        | of       ||-------------------|----------|| service           | of       || employees         |          || 26               |          || (1)               |          || every             |          || employee          |          || of                |          || the               |          || university        |          || shall             |          || be                |          || appointed         |          || under             |          || a                 |          || written           |          || contract,         |          || which             |          || shall             |          || be                |          || lodged            |          || with              |          || the               |          || university        |          || and               |          || a                 |          || copy              |          || of                |          || which             |          || shall             |          || be                |          || furnished         |          || to                |          || the               |          || employee          |          || concerned        |          || (2)               |          || any               |          || dispute           |          || arising           |          || out               |          || of                |          || the               |          || contract          |          || between           |          || the               |          || university        |          || and               |          || any               |          || employee          |          || shall             |          || be                |          || referred          |          || to                |          || the               |          || tribunal          |          || for               |          || arbitration       |          || constituted       |          || for               |          || that              |          || purpose          |          || (3)               |          || the               |          || decision          |          || of                |          || the               |          || tribunal          |          || shall             |          || be                |          || final             |          || and               |          || no                |          || suit              |          || shall             |          || lie               |          || in                |          || any               |          || court             |          || in                |          || respect           |          || of                |          || the               |          || matters           |          || decided           |          || by                |          || the               |          || tribunal         |          || (4)               |          || the               |          || procedure         |          || for               |          || regulating        |          || the               |          || work              |          || of                |          || the               |          || tribunal          |          || under             |          || sub-section       |          || (2)               |          || shat!             |          || be                |          || prescribed        |          || by                |          || the               |          || statutes         |          || 27               |          || any               |          || dispute           |          || arising           |          || out               |          || of                |          || any               |          || disciplinary      |          || action            |          || taken             |          || by                |          || the               |          || university        |          || against           |          || je                |          || a                 |          || student           |          || shall,            |          || at                |          || the               |          || request           |          || of                |          || such              |          || student,          |          || be                |          || referred          |          || toa               |          || tribunal          |          || of                |          || arbitration       |          || and               |          || the               |          || provisions        |          || of                |          || sub-sections      |          || (2),              |          || (3)               |          || and               |          || (4)               |          || of                |          || section           |          || 26                |          || shall,            |          || as                |          || far               |          || as                |          || may               |          || be,               |          || apply             |          || to                |          || procedure         | of       || arbitration       | in       || disciplinary      |          || cases             | against  || students         |          || the               |          || reference         |          || made              |          || under             |          || this              |          || section          |          || 28               |          || no                |          || act               |          || or                |          || proceedings       |          || of                |          || the               |          || university        |          || or                |          || any               |          || of                |          || its               |          || authorities       |          || or                |          || bodies            |          || shall             |          || be                |          || invalid           |          || merely            |          || by                |          || reason            |          || of                |          || the               |          || existence         |          || of                |          || a                 |          || vacancy           |          || or                |          || vacanies          |          || among             |          || its               |          || members          |          || is                |          || proceedings       | of       || university        |          || authorities       | or       || bodies            | not      || invalidated       | by       || vacancies         |          || 29               |          || no                |          || suit              |          || or                |          || other             |          || legal             |          || proceeding        |          || shall             |          || lie               |          || against           |          || the               |          || univeristy,       |          || any               |          || of                |          || its               |          || officers          |          || protection        | of       || action            | taken    || good              | faith   || or                |          || employees         |          || for               |          || anything          |          || which             |          || is                |          || in                |          || good              |          || faith             |          || done              |          || or                |          || intended          |          || to                |          || be                |          || done              |          || in                |          || pursuance         |          || of                |          || any               |          || of                |          || the               |          || provisions        |          || of                |          || this              |          || act              |          || 30               |          || all               |          || differences       |          || arising           |          || out               |          || of                |          || the               |          || interpretation    |          || or                |          || application       |          || of                |          || the               |          || agreement         |          || je                |          || shall             |          || be                |          || referred          |          || to                |          || the               |          || saarc             |          || arbitration       |          || council,          |          || unless            |          || in                |          || any               |          || case              |          || it                |          || is                |          || agreed            |          || by                |          || the               |          || reference         | to       || saarc             |          || arbitration       |          || council          |          || parties           |          || to                |          || have              |          || recourse          |          || to                |          || another           |          || mode              |          || of                |          || settlement       |          || 31               |          || (/)               |          || the               |          || statutes,         |          || regulations       |          || and               |          || bye-laws          |          || made              |          || under             |          || this              |          || act               |          || shall             |          || be                |          || published         |          || statutes          | and      || regulations       |          || and               | bye-iaws || in                |          || the               |          || official          |          || gazette          |          || (2)               |          || every             |          || statute,          |          || regulation        |          || or                |          || bye-law           |          || made              |          || under             |          || this              |          || act               |          || shall             |          || be                |          || laid,             |          || as                |          || soon              |          || as                |          || may               |          || be                |          || after             |          || it                |          || is                |          || made,             |          || before            |          || each              |          || house             |          || of                |          || parliament       |          || as"               |          || to                | be       || published         | in       || official          |          || gazette           | and      || to                | be       || before            |          || parliament       |          || power             | to       || remove            |          || difficulties     |          || 32               |          || (j)               |          || ifany             |          || difficulty        |          || arises            |          || in                |          || giving            |          || effect            |          || to                |          || the               |          || provisions        |          || of                |          || this              |          || act,              |          || the               |          || central           |          || government        |          || may,              |          || by                |          || order             |          || published         |          || in                |          || the               |          || official          |          || gazette,          |          || make              |          || such              |          || provisions,       |          || not               |          || inconsistent      |          || with              |          || the               |          || provisions        |          || of                |          || this              |          || act,              |          || as                |          || appear            |          || to                |          || it                |          || to                |          || be                |          || necessary         |          || or                |          || expedient         |          || for               |          || removing          |          || the               |          || difficulty:       |          || se                |          || provided          |          || that              |          || no                |          || such              |          || order             |          || shall             |          || be                |          || made              |          || under             |          || this              |          || section           |          || after             |          || the               |          || expiry            |          || of                |          || three             |          || years             |          || from              |          || the               |          || commencement      |          || of                |          || this              |          || act              |          || (2)               |          || every             |          || order             |          || made              |          || under sub-section |          || (7)               |          || shall             |          || be                |          || laid,             |          || as                |          || soon              |          || as                |          || may               |          || be                |          || after             |          || it                |          || is                |          || made,             |          || before            |          || each              |          || house             |          || of                |          || parliament       |          | provisions of the agreement to have the force of law article 1 establishment of the south asian university 51, there is hereby established an institution to be known as the south asian university (hereinafter referred to as the "university"), which shall be a non-state, non-profit self governing international educational institution with a regional focus for the purposes set forth in this agreement and shall have full academic freedom for the attainment of its objectives jo 2 the main campus of the university shall be located in india 3 the university shall have full legal personality, 4 the legal capacity of the university shall, inter alia, include: (a) the power to confer degrees, diplomas and certificates; (4) the capacity to contract; = (c) to sue and be sued in its name; (d) to acquire, hold and dispose of properties; (e) to establish campuses and centres in the region; and" (/) to make rules, regulations and bye-laws for the operation of the university  article 2 je objectives and functions of the south asian universitythe objectives and functions of the university shall, inter alia, include: 1, to create a world class institution of learning that will bring together the brightest and the most dedicated students from all countries of south asia irrespective of gender, caste, creed, disability, ethnicity or socio-economic background to impart to them liberal 257 and humane education and to give them the analytical tools needed for the pursuit of a profession and inculcate in them the qualities of leadership 2 to build a south asian community of learning where every student will be able to develop her/his fullest intellectual potential and to create a south asian community by strengthening regional consciousness; 3o 3 to impart education towards capacity building of the south asian nations in the domain of science, technology and other areas of higher learning vital for improving their quality of life; 4 to contribute to the promotion of regional peace and security by bringing together the future leaders of south asia, and enhancing their understanding of each others' 23s" perspectives 5 to foster in the students sound civic sense and to train them to become useful citizens of democratic societies article 3 funding he the university shall be non-profit public-private partnership, which will seek support from each of the national governments of member states and from other sources but will be autonomous and accountable to its board of trustees/governors  article 4 the fiscal status1 the university and its campuses and centres shall be exempted, in the state where it is located, from paying and from collecting all direct and indirect forms of taxes and duties for the establishment and operations of the university 2 the university shall enjoy treatment in relation to priorities, rates and charges for utilities that are not less favourable than that accorded to state owned enterprises and universities 3 the university has the right to accept inter vivos as well as testamentary gifts, contributions, and donations in cash or in kind for the objectives of the university all such ye gifts and donations from any legal or physical person are fully deductible without any limit against the income of such donor or contributor in the respective founding states 4 taxation and social protection of the citizens of the founding states employed by the university shall be regulated in accordance with the respective national legislation of 1s the respective states the employees of the university from countries other than the host country will be governed by the income-tax laws of the home countries and will not be taxed as per the laws of the host country  article § governance structure2° 1 the university shall be governed by a governing board, composed of two members from each member state, and will be headed by a chairperson the chairperson shall be elected from among the members of the governing board 2 each member of the governing board shall serve office for a fixed term of three years and shall not hold office for more than two consecutive terms the members shall be selected from amongst the distinguished persons from the region and shall be responsible for the overall policies and directions of the university the powers and functions of the chairperson of the governing board and the role of the board shall be decided as per the | rules       | and          | regulations    | of          | the    | university    ||-------------|--------------|----------------|-------------|--------|----------------|| ge          |              |                |             |        |                || 3          | the          | university     | shall       | be     | headed         || the         | appointment, | tenure,        | powers      | and    | functions      || regulations | of           | the            | university |        |                |4 the president shal! also be the chief executive officer (ceo) and an ex officio member of the governing board the president as the ceo of the university, will report to the board and hold office at the pleasure of the board he will be responsible for implementing the vision and the foundation statement of the university, ensuring the purpose and 30 objectives of the university, upholding uniformly high academic standards, and fulfilling the policy directives of the board of the university 5 the president as the chief executive officer of the university shall act under direction of the governing board the president shall be assisted by an executive council the president shall constitute the academic council, different committees and appoint the principal officers of the university as per bye-laws  article 6 visa and resident permitthe member states shall provide appropriate visas to the students, faculty and staff ks for travel in all the saarc member states and grant necessary resident permit for students, faculty and administrative staff to work in the university and its different campuses, centres and collaborative educational institutions article 7 recogaition of the degreesthis agreement shall facilitate the mutual recognition of degrees and certificates awarded by the university in ail the saarc,member states at par with the degrees and certificates issued by their respective national universities/institutions statement of objects and reasonsthe vision of establishing the south asian university was born at the thirteenth saarc summit held in dhaka in november, 2005 to provide world class facilities and professional faculty to students and researchers from the member states of the south asian association for regional co-operation (saarc) 2 the agreement for the establishment of south asian university was signed on behalf of the respective governments of the member states of the saarc on the 4th day of april 2007 at the fourteenth saarc summit the member states also decided that the main campus of the south asian university shall be located at new delhi 3 the object of the proposed legislation is to establish a world class institution that will attract the brightest and most dedicated students and teachers from across south asia with a view to (i) disseminating and advancing knowledge, wisdom and understanding by providing instructional and research facilities in various branches of learning; (ii) taking appropriate measures for promoting innovations in teaching-learning process, interdisciplinary studies and application of knowledge to social advancement, and human welfare; (iii) imparting education towards capacity building of the south asian nations in the domain of science, technology and other areas of higher learning vital for improving their quality of life; (iv) promoting regiona! peace and security by creating a multicultural atmosphere of tolerance and understanding; (v) fostering sound civic sense and to train them to become useful citizens of democratic societies; and (vi) building a south asian community of learning by strengthening regional consciousness 4 the proposed university, inter alia, seeks to harmonise the academic standards and accredition norms in teaching, research and curriculum that are acceptable to all member states of the saarc the proposed bill also takes into account the needs and activities of the university which will be conducive to the efficiency and development of the higher education in the south asian region 5 the bill seeks to achieve the above objects new detu; pranab mukherjee the \7th december, 2008 clause | of the bill seeks to provide that the provisions of the proposed legislation are to extend to the whole of india and to campuses and centres established outside india in the saarc region clause 2 of the bill seeks to provide definitions of various terms used in the act, such " and "regional centres", 244, as, "host country", "project office ry , proj clause 3 of the bill seeks to provide that the provisions of the agreement for establishment of the south asian university set out in the schedule shall have the force of law in india : clause 4 of the bill seeks to provide that the central government shall establish the south asian university with its headquarters at delhi it further seeks to provide that the university shall be a body corporate and to confer on the university the power to establish or maintain campuses and centres at such other places within india and outside india in the saarc region as it may deem fit clause 5 of the bill seeks to provide that the jurisdiction of the university shall extend to whole of india and to campuses and centres established outside india in the saarc region clause 6 of the bill seeks to provide that the governing board of the university shall consist of two members from each member states of the saarc and the president of the university the governing board shall be responsible for all the policies and directions of the university and management of its affairs clause 7 of the bill seeks to provide various objectives of the university, such as, to disseminate and advance knowledge, wisdom and understanding by providing instructional and research facilities in such branches of learning as it may deem fit and to harmonise the academic standards and accredition norms in teaching, research and curriculum that are acceptable to all member states clause 8 of the bill seeks to provide various powers of the university, such as, to establish such speciai centres and specialised laboratories and such other units for research and instruction as are necessary for the furtherance of its objects, to institute chairs, principalships, professorships, readerships and lecturerships and other teaching and academic positions, required by the university and to appoint persons to such chairs, principalships, etc and other teaching and academic positions and to establish and maintain campuses, centres and regional centres clause 9 of the bill seeks to provide that the university shall be open to all persons irrespective of gender, caste, creed, disability, ethnicity or socio-economic background clause 10 of the bill seeks to provide that the foreign minister of the current chair of the saarc shall be the visitor of the university clause 11 of the biil seeks to provide that the president shall be the chief executive officer of the university and other officers are to be appointed in such manner as may be prescribed clause 12 of the bil! seeks to provide that the president shall be appointed by the governing board in such manner as may be prescribed by the statutes and he shall, as the chief executive officer, exercise general supervision and control over the affairs of the university and shall be responsible for implementing the objectives of the university and fulfilling the policy directives of governing board clause 13 of the bill seeks tc provide that the manner of appointment and powers and duties of other officers of the university shall be such as may be prescribed by the statutes clause 14 of the bill seeks to provide that the university, the president and the members of the academic staff who are not citizens of, or permanent residents of, india and their dependents or members of the family, shall enjoy such privileges and immunities as the central government may, by notification under section 3 of the united nations (privileges and immunities) act, 1947, declare clause 15 of the bill seeks to provide that the executive council, the academic council and such other authorities as may be declared by the governing board in the statutes shall be the authorities of the university clause 16 of the bill seeks to provide that the executive council shall be the executive body of the university and shall exercise powers to give effect to the directions or decisions of the president and the governing board clause 17 of the bill seeks to provide that the academic council shall be the principal academic body of the university and shall exercise general supervision over the academic policies of the university clause 18 of the bill seeks to provide that the constitution of the other authorities under section 15, the terms of the office of the members of such authorities and their powers and duties shall be such as may be prescribed by the statutes clause 19 of the bill seeks to provide that the faculties of the university shall be such as may be prescribed by the statutes clause 20 of the bill seeks to provide that the matters mentioned in its sub-clause (/) are to be prescribed by the statutes, such as, powers of the visitor and powers of the chairperson of the governing board it further seeks to provide that the first statutes are to be those as may be made for the operation of the university by the inter-governmental steering committee of the saarc and the governing board may make new or additional statutes or may amend or repeal the first statutes clause 21 of the bill seeks to provide that the matters mentioned in its sub-clause (/) are to be prescribed by regulations, such as, the admission and enrolment of students to the university and institutions maintained by or admitted to the privileges of the university, and the courses of study to be laid down for ail degrees, diplomas and certificates of the university the first regulations are to be made by the chief executive officer of the project office with the prior approval of the inter-governmental steering committee clause 22 of the bill seeks to provide that the authorities of the university may make bye-laws consistent with this act, the statutes and the regulations for the conduct of their own business and not provided for by this act, the statutes or the regulations clause 23 of the bill seeks to confer the powers on the authorities to make statutes or regulations with retrospective effect, from a date not earlier than the date of commencement of this act clause 24 of the bill seeks to provide for the preparation of the annual report of the university and its circulation to all the saarc member states through the saarc secretariat clause 25 of the bill seeks to provide that the accounts of the university shall be audited as per existing norms as laid down by the saarc clausé 26 of the bill seeks to provide that the employees are to be appointed under a written contract any dispute arising out of the contract between the university and any employee is to be referred to the tribunal for arbitration constituted for that purpose clause 27 of the bill seeks to provide that any dispute arising out of any disciplinary action taken by the university against a student shall, at the request of such student, be referred to a tribunal of arbitrationclause 28 of the bill seeks to provide that acts or proceedings of the university or any of its authorities or bodies shali not be invalidated by reason ef the existence ofany vacancy or vacancies among its metabers clause 29 of the bill seeks to provide that any suit or legal proceeding shali not lie against the university, any of its officers or employees for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act clause 30 of the bill seeks to provide that the differences arising out of the interpretation or application of the agreement shall be referred to the saarc arbitration council unless it is agreed to by the parties to have recourse to another mode of settlement clause 31 of the bill seeks to provide that all statutes, regulations or bye-laws made under this act are to be published in the official gazette and every statute, regulation or bye-law is to be laid before each house of parliament clause 32 of the bill seeks to confer on the central government the power to make orders to remove any difficulty which arises in giving effect to the provisions of this act but any such order is not to be made after the expiry of three years from the commencement of this act financial memorandumthe agreement for the establishment of south asian university provides that the south asian university shall be located at delhi initially, the ministry of external affairs of the government of india provided 100 acres of land (on lease), which is dedicated to the people of south asia as part of india's commitment to the south asian association for regional co-operation (saarc) in discharging its responsibilities ina non-reciprocal manner, india would be prepared to provide funds over and above its assessed contribution for the smooth establishment and maintenance of the university further, the said agreement provides that the university shall be a non-profit publicprivate partnership, which will seek support from each of the national governments of member states and from other sources but will be autonomous and accountable to its board of trustees or governors accordingly, the university funding is based on the assessed contributions among the members states in addition to benefactions, donations and gifts received in accordance with the regulations made by the governing board as per the general norms and practices of the saarc  memorandum regarding delegated legislationsub-clause (6) of clause 6 provides that the chairperson of the board shall exercise such powers as may be prescribed by statutes sub-clause (v) of clause 8 seeks to empower the uni versity to confer honorary degrees or other distinctions in the manner prescribed by the statutes, sub-clause (xiii) of clause 8 seeks to empower the university to admit to its privileges institutions situated within its jurisdiction as the university institutions and to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the statutes sub-clause (xiv) of clause 8 provides that the university shall co-operate or collaborate or associate with any other university or authority or institution of higher learning or any other public or private body having in view the promotion of purposes and objects similar to those of the university, in such manner as may be prescribed and for such purposes as may be determined or agreed upon by the university, sub-clause (xxiii) of clause 8 provides that the university may recognise for any purpose, either in whole or in part, any institution or members or students thereof on such terms and conditions as may, from time to time, be prescribed and to withdraw such recognition sub-clause (2) of clause | 0 provides that the visitor shall have such powers as may be prescribed by the statutes sub-clause (/) of clause 11 seeks to provide that there shall be a president of the university and such other officers, appointed in such manner as may be prescribed, who shall exercise such powers and functions as may be prescribed sub-clause (/) of clause 12 provides that the president shall be appointed by the governing board in such manner as may be prescribed by the statutes sub-clause (6) of clause 12 provides that the president shall exercise such other powers as may be prescribed by statutes clause 13 provides that the manner of appointment and powers and duties of other officers of the university shall be such as may be prescribed by the statutes sub-clause (c) of clause 15 provides that such other authorities as may be declared by the governing board in the statutes are to be the authorities of the university sub-clause (2) of clause 16 provides that the constitution of the executive council, the terms of office of its member and its powers and functions shall be such as may be prescribed by statutes sub-clause (2) of clause 17 provides that the constitution of the academic council, the terms of office of its members and its powers and functions shall be such as may be prescribed by statutes clause 18 provides that the constitution of the authorities under clause (c) of section 15, the terms of the office of the members of such authorities and their powers and duties shall be such as may be prescribed by the statutes sub-clause (/) of clause 19 provides that the university shall have such faculties as are prescribed by the statutes sub-clause (2) of clause 19 provides that each faculty shall have such departments as are prescribed by the statutes, and each department shall have such subjects of study as may be assigned to it by regulations sub-clause (/) of clause 20 enumerates that, subject to the provision of this act, the statutes may provide for all or any of the matters, provided therein including the powers of the visitor and the constitution, powers and functions of the executive council, academic council and other authorities and other bodies of the university sub-clause (/) of clause 2! stipulates that, subject to the provisions of this act and the statutes, the regulations may provide for all or any of the matters provided therein including the admission and enrolment of students to the university and institutions maintained by or admitted to the privileges of the university and the courses of study to be laid down for all degrees, diplomas and certificates of the university clause 22 provides that the authorities of the university may make bye-laws consistent with this act, the statutes and the regulations for the conduct of their own business and not provided for by this act, the statutes or the regulations, in the manner as may be prescribed by statutes sub-clause (4) of clause 26 provides that the procedure for regulating the work of the tribunal under sub-section (2) shall be as prescribed by the statutes the matters in respect of which statutes and regulations may be made in accordance with the provisions of the bill are matters of procedure and detail, and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of anormal character 