LexThe USHA MARTIN UNIVERSITY ACT 2012(AMENDMENT) ACT, 2018
Jharkhand · state statute
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USHA MARTIN UNIVERSITY, JHARKHAND ACT 2012
AIM AND OBJECT: To establish and incorporate a Un iversity in the state, with
emphasis on providing high quality industry relevant technical education in the
areas of business management, Engineering & applied science Biotechnology,
Law, Humanities and social sciences, Hospitality and Tourism Media and
communication health care and pharmacology insurance and risk management
architecture and planning film & television, fashion Technology, Mining and
forestry quality training & development of state government officers etc and
related areas sponsored by the Usha Martin university foundation 24, R.N.
Mukherjee road, Kolkata and to provide for matters connected therewith or
incidental thereto.
Whereas it is expedient to establish and in corporate in the state of Jharkhand a
University in private sector to pro mote conceptualize and bring about a paradigm
shift through development of outstanding leadership research knowledge and ideas
for technical education and for the purposes hereinafter appearing;
Be it enacted by the Legislature of Jharkhand in the Sixty-Third year of the
Republic of India as follows:
CHAPTER 1
Preliminary
1.Short title and commencement:
1)This act may be called Usha Martin University, Jharkhand Act,2012.
2) It shall come into force on such date as the state Government may by
notification in the official Gazette appoint.
2. Definitions: In this Act, unless the context otherwise requires:
i. ―Academic council‖ means the academic council of the university as
specified in section22.
ii. ―AICTE‖ means the all India Council for technical Educati on established
under section 3 of the all India council for technical Education act,1987.
iii. ―Affiliated college‖ means a college or an institution which is affiliates to
the University.
iv. ―Annual Report‖ means the annual report of the university as referred to in
section 46 of the act.
v. Board of Management‖ means the Board of Management of the university as
constituted under section 21 of the act.
vi. ―Board of Management‖ means the Board of Management of the University
as constituted under section 21 of the Act.
vii. ―Chancellor‖ means the chancellor of the university appointed under section
13 of the act.
viii. ―Constituent college‖ means a college or an institution maintained by the
university.
ix. ―Development fund‖ means the development fund of the university
established under section 44 of the act.
x. ‖Distance education system‖ means the system of imparting education
through any means of information technology and coummunication such as
multimedia interactive methods e -mail, internet, computer, interactive tlk
back e -learning, c orrespondence course, seminar, contact program or a
combination of any two or more of such means.
xi. ―Distance education committee‖ means the distance education committee of
the university as specified in section 25 of the act.
xii. ―Endowment fund‖ means the end
xiii. ―Employee‖ means employee appointed by the university and includes
teaches and others staff of the university or of a constituent college.
xiv. ―Finance Officer‖ means the finance officer of the University appointed
under section 1.7 of the act.
xv. ―Prescribed‖ means prescribed by the statutes and the rules made under this
act.
xvi. ―Principal‖ in relation to a constituent college, means the no principal the
vice principal or any other person for the time being appointed to act as
principal.
xvii. ― Regional center‖ means a center established or maintained supervising the
work of study centers in any region and for performing such other functions
as may be conferred on such center by the board of management.
xviii. ― Registrar‖ means the registrar of the university appointed under s ection 16
of the act.
xix. ―Research council‖ means the research council of the university as specified
in section 24 of the act.
xx. ―Rules‖ means the rule of the university made under this act.
xxi. "Sponsor"means Usha Martin University Foundation, 24 R. N. Mukherjee
Road, Kolkata which is registered as a Trust1.
xxii. "State" means the State of Jharkhand.
xxiii. "State Government" means the State Government of Jharkhand.
xxiv. "Statutes" means the Statutes of the University.
xxv. "Study Centre" means a center established, mai ntained or recognized by the
University for the purpose of advising, counseling or for rendering any other
assistance including training, conducting contact classes and
administering examinations required by the students.
xxvi. "Teacher" means a Professor, Associate Professor, Assistant Professor/
Lecturer or such of the other person as may be appointed for imparting
instruction or conducting research in the University or in a constituent
college or institution and includes the Principal of a constituent college or
institution, in conformity with the norms prescribed by the University Grants
Commission,
xxvii. "UGC" means the University Grants Commission established under the
University Grants commission Act,1956.
xxviii. "University" means the " Usha Martin University, Jharkhand"
established under this Act.
xxix. "Vice-Chancellor" means the Vice -Chancellor of the University
appointed under section 14 of the Act.
xxx. "Visitor" means the Visitor of the University referred to in section 12 of the
Act.
CHAPTER -2
The University and Sponsoring Body
3. Proposal for the Establishment of the University
1) The Sponsor shall have the right to establish the University in accordance with
the provisions of this Act.
2) An application containing the proposal to establish a University shall be made to
the State Government by the
3) The proposal shall contain the following particulars,
a) The objects of the University along with the details of the Sponsor.
b) The extent and status of the University and the availability of land.
c) The nature and type of programs of study and. research to be undertaken in the
University during a period of the next five years.
d) The nature of faculties, courses of study and research proposed to be started.
e) The campus development such .as buildings, equipment and structural
amenities.
f) The phased outlays of capital expenditure for a period of the next five years.
g) The item -wise recurring expenditure, sources o f finance and estimated
expenditure for each student.
h) The scheme for mobilizing Resources and the cost of capital thereto and the
manner of repayments to each source.
i) The scheme of generation of funds internally through the recovery -of fee from
students, revenues anticipated from consultancy and other activities relating to the
objects of the University and- other anticipated incomes.
j) The details of expenditure on unit cost, the extent of concessions or rebates . in
fee, free ship arid scholarship for students belonging to econo mically weaker
sections and the fee structure indicating varying rate of fee, if any, that would be
levied on nonresident Indians and students of other
k) The years of experience and expertise in the concerned discipline at the
command of the Sponsor as well as the technical resources.
1) The system for selection of students to the courses of study at the University.
m) Status of fulfillment of such other conditions as may be required by the State
Government to be fulfilled before the establishment of the University.
4. Establishment of University
1) The State Government, after such inquiry as it may deem necessary, is satisfied
that the Sponsor has fulfilled the conditions specified in sub -section (3) of Section
3, it may direct the Sponsor, to establish the endowment fund,
2) After the establishment of the endowment fund, the State Government may by
notification in the Official Gazette accord sanction for establishment of the
University. 3) The headquarters of University shall be in Jharkhand and it have'
campuses or Regional Centers, Study Centers anywhere only in the State of
Jharkhand with the approval of the Board of Governors.
4) The Chancellor, the Vice -Chancellor, members of the Board of Governors,
members of the Board of Management ~ and the Academic Council- for the time
being holding office as such in the University so established, shall
constitute a body corporate and can sue and be sued in the name of the University.
5) On the establishment of .the University under subsection (2), the land and other
movable and immovable properties acquired, created, arranged or built by the
University for the purpose of the University in the State of Jharkhand shall vest in
the University.
6) The land, buildin g and other properties acquired for the University shall not be
used' for any purpose, other than that for which the same is acquired.
7) The University will acquire 20 acre of land within 1st year from the date of
passing of the Act and construct 25,000 s q ft of building in the first year after
obtaining the land. The University will construct additional 25,000 sq ft of building
in the subsequent year,
5. University not be entitlted to assistance
The University or its constituent/affiliated Colleges or its' centres shall be self -
financed and shall neither a demand nor shall be entitled to any grant in -aid or any
other financial assistance from the State Government or any other body or
Corporation, owned or controlled by the State Government.
6. Constituent college centers and affiliated colleges
1) The University may have Constituent colleges, Regional and Study Centers;
2) The University may with the prior approval of the Board of Governors affiliate
any college or other institution.
7. Objects of the University - The objectives for which the University is
established are as follows:
a) To provide instruction, teaching, training and research in specialized fields of
Business Management, Engineering & Applied Science, Biotechnology, Law,
Humanities and social Sciences, Hospitality and Tourism, Media and
Communication, Health Care and Pharmacology, Insurance and Risk Management,
Architecture and Planning, Film & Television, Fashion Technology,
Mining & F oresting, Quality Training & Development of State
Government Officers etc and related subjects and make provisions for research,
advancement and dissemination of knowledge therein.
b) To establish a campus in the State of Jharkhand.
c) To offer continuing and distance education programs.
d) To institute degrees, diplomas, charters, certificates and other, academic
distinctions on the basis of examination or any other method of evaluation.
e) To collaborate with other colleges or universities, research institutions, industry
associations, professional associations in India or abroad, to conceptualize, design
and develop specific educational and research programs, training programs and
exchange programs for students, faculty member and other.
f) To disseminate knowledge through seminars, conferences, executive education
program, community development programs, publications, and training programs.
g) To undertake programs for the training and development of faculty members of
the University .
h) To undertake collaborative research with, any organization in India or abroad.
i) To create higher levels of intellectual abilities,
j) To provide consultancy to industry, Government and Public Organization.
k) To ensure that the standard of the degrees, diplomas, charters., certificates
and other academic distinctions are not lower than those laid down by the
University Grants Commission (UGC), All India Council for Technical
Education (AICTE), Bar Council of India (BCI) the Distance Education
Council (DEC), the Dental Council of India(DCl), the India Nursing Council
(INC), the Medical Council of India (MCI), the National Council for Teacher
Education (NCTE) and the Pharmacy Council of India M, (PCI) and other National
Accreditation bodies.
1) To do all things necessary or expedient to promote the above objectives.
m) To pursue any other objective as may be approved by the state Government.
8. Powers of the University.
1) The University shall have the following powers, namely:
a) To establish, maintain and recognize such Regional Centres and Study
Centres as may be determined by the University from time to time in the manner
laid down by
b) To carry out all such oth er activities as may be necessary or feasible in
furtherance of the object of the University.
c) To confer degrees, diplomas, charters, certificates or other academic
distinctions and professional designations in the manner and under conditions laid
down in the Statutes.
d) To institute and award fellowships, scholarships and prizes etc. in accordance
with the Statutes.
e) To demand an d receive such fees, bills, invoices and collect charges as may be
fixed by the Statutes or rules, as the case may be.
f) To make provisions for extra curricular activities for students and employees
g) To make appointments of the faculty, officers and employees of the University
or a constituent college, affiliated colleges, Regional Centres and Study Centres.
h) To receive donations and gifts of any kind and to acquire, hold, manage,
maintain and dispose of any movable and immovable property, including trust and
endowment properties for the purpose of the University or a constituent college, or
a Regional Centre or Study
i) To institute and maintain hails and to recognize places of residence for students
of the University or a constituent for students of the University or a constituent
college at the main campus and other campuses in Jharkhand.
j) To supervise and con trol the residence, and to regulate the discipline among the
students and all categories of employees and to lay down the conditions ^of service
of such employees, including their Code of Conduct
k) To create academic, administrative and support staff and other necessary post.
1) To co-operate and .collaborate with other Universities and institutions in. such a
manner and for such purposes" as the University may.' determine form time to
time.
m) To offer programs, on distance Learning basis and continuing education 'and
the manner in which such programs are offered by the University.
n) To organize and conduct refresher courses, orientation courses, workshops,,
seminars and other programs for teachers, developers of course ware, evaluators
and other
o) To determine standards of admission to the University, constituent colleges,
affiliated colleges, regional centers, study centers with the approval of Academic
Council.
p) To make special provision for students belonging to the State of Jharkhand for
admission in any course of the University or in a constituent college, affiliated
college, regional centre or study centre. The University will SC/ST and
Economically Low Income , Group at subsidized fee structure to be decided by the
State Government from time to time.
q) To carry out all such other acts or thing whether incidental to the powers
aforesaif or not, as my be necessary to further the objects of the University.
r) To prescribe such courses for Bachelor Degree, Master Degree, Doctor of
Philosophy, Doctor of Science degrees and Research and such other Degrees,
Diplomas, charters, certificates etc.
s) To provide for the preparation of instructional materials including films,
cassettes, tapes, video-cassettes, CD, VCB and other software
t) To recognize examinations or periods of study (whether in full or part) of other
Universities, institutions or other places of Higher learning as equivalent to
examinations or period of study in- the University and to withdraw such
recognition at any time.
u) To raise, collect, subscribe and borrow with the approval of the Board of
Governors whether on the security or the property of the University, money for the
purpose of the
University.
v) To enter into, carry out, vary or cancel contracts.
w)To do all things necessary or expedient to exercise the above powers.
9. University open to all classess, castes, creed, religions, languages and gender
The University shall be open to all persons irrespective of class, caste, creed,
religion, language or gender.
Provided that nothing in this section shall be deemed to prevent the University
from making special making special provisions for preference in admission to
students who are locatl resident of the state and for SCs, STs, and other backward
classes.
It shall abide by direction issued by the State Government in this regard.
10.) National Accreditation.
1) The University will seek, obtain and retain accreditation from respective
national accreditation bodies and be subject to relevant provisions of the University
Grants Commission Act, 1956 and the Regulations/ Guidelines mad e thereunder
from time to time relating to private Universities.
2) The University shall obtain prior permission / recognition from National
Council for Teacher Education (NCTE) and Bar Council of India before
commencing Teac hers Training programs and Law Education programs
respectively for conferring graduate or post graduate degrees. For technical courses
and other programs permission or recognition from concerned authorities'/ bodies,
if required by any law for the time being in force, shall be obtained.
3) As regards other programs on technical education the relevant laws, rules,
regulations etc. in the matter of obtaining approval/recognition, or maintaining
standards shall apply to the University.
CHAPTER – 3
Officers of the University
11. Officers of the university : The following shall be the officers of the University
namely:
a)The Chancellor,
b) The Vice Chancellor.
e) Such other officers as may be declared by the statutes to be officers of the
University.
12) The Visitor
1) The Governor of Jharkhand will be the Visitor of the University.
2) The Visitor shall, when present, preside at the convocation of the University for
conferring Degrees, Diplomas., Charters, Designation and certificates.
3) The Visitor shall have the following powers, namely:
a) To call for any paper or information relating to the affairs of the University,
b) On the basis of the information received by the Visitor, if he is satisfied that any
order, proceeding, or decision taken by any authority of the University is not in
conformity with the Act, Regulations, or Rules, he may issue such directions as he
may deem fit in the interest of the University and the directions so issued shall be
complied, with by all concerned,
13. The Chancellor
1) The sponsor shall, with the prior approval of the Visitor, appoint a person
suitable to be appointed as the Chancellor of the University.
2) The Chancellor so appointed shall hold the office for a period of five years,
3) The Chancellor shall be the head of the University.
4) The Chancellor shall preside at the meeting of the Board of Governors of the
University for Conferring Degrees,, diplomas, Charters, Designations or
Certificates.
5) The Chancellor shall have the following powers, namely:
a) To call for any information or record;
b) To appoint the Vice-Chancellor;
c) To remove the Vice-Chancellor;
d) Such others powers as may be conferred on him by this Act or the Statutes made
there under
14. The Vice Chancellor
1) The Vice-Chancellor shall be appointed OR such terms and conditions as may be
prescribed by the Statutes for a term of four years by the, Chancellor.
2) The Vice-Chancellor shall be appointed by the Chancellor from a panel of three
persons recommended by the Board of Governor and shall hold office for a term of
four years.
Provided that, after expiration of the term of four years, the Vice -Chancellor
.shall be eligible for reappointment for another term not exceeding four years.
3) The Vice -Chancellor shall be the Principal executive and Academic officer of
the University and shall exercise general supervision and control over the affairs of
the University and give effect to' the -decisions of the authorities of the University.
4) If in the opinion of the Vice - Chancellor it is necessary to take immediate
action on any matter for which powers are conferred on any other authority by or,
under this Act, he may take such action as he deems necessary and shall at the
earliest oppor tunity thereafter report his action to such officers or authority as
would have in the ordinary course dealt with the matter;
Provided that if in the opinion of the concerned authority such action should not
have been taken by the Vice- Chancellor, then such case shall be referred
to the Chancellor, whose decision thereon shall be final:
Provided further that where any such action taken by the Vice-Chancellor affects
any person in the service of the university, such person shall be ent itled to prefer
within three months from the date on which such action is communicated to him,
an appeal to the Board of Governors and the Board of Governors may confirm or
modify or reverse the action taken by the Vice- Chancellor.
5) If in the opinion of the Vice -Chancellor any decision of any authority of the
University is outside the powers conferred by this Act, Statutes or is likely to be
prejudicial to the interest of the University, he shall request the concerned authority
to revise its decision within seven days from the date of his decision and in case
the authority refuses to revise such decision wholly or partly or fails to take any
decision within seven days, then such matter shall be referred to the Chancello r
and his decision thereon shall be final.
6) The Vice-Chancellor shall exercise such other powers and perform such other
duties as may be laid down by the Statutes or the rule.
7) The Vice -Chancellor shall preside at the convocation of University in the
absence of both, the Visitor and the Chancellor, for conferring degrees,
diplomas, Charters, Designations or Certificates.
8) The Chancellor is empowered to remove the Vice -Chancellor after due enquiry.
It will be open to the Chancellor to suspend the Vice -Chancellor during enquiry
depending upon the seriousness of the charges as he may deem fit.
15. Deans of Faculties
Deans of faculties shall be 'appointed by the Vice Chancellor in such manner and
shall exercise such powers and perform such duties as may be prescribed by
statutes.
16. The Registrar
1) The appointment of the Registrar shall be made in such manner as may be
prescribed, by the Statutes.
2) All contracts shall be signed and all documents and records shall be
authenticated by the Registrar on behalf of the University.
3) The Registrar shall exercise such other powers and perform other duties as may
be prescribed or may be required from time to time by the Board of Governors.
4) The Registrar shall be responsible for the d u© custody of the records and the
common seal of the University and shall be bound to place before the Chancellor,
the Vice-Chancelior or any other authority 'all such information and documents as
may be necessary for transaction of their business.
5) The Registrar shall exercise such powers and perform such duties as may be
prescribed by the Statutes.
17. The Finance Officer
The Finance Officer shall be appointed by the Board of Governors in such manner
and shall exercise such powers and perform such dut ies as may be prescribed by
the Statutes.
18. The Other Officers
The manner of appointment terms and conditions of service and powers and duties
of the other officers of the University shall be such as may be prescribed by the
Statutes.
Chapter – 4
Authorities of the Undiersity
19. Authorities of the University : The following shall be the authorities of the
university neamely.
a) The Board of Governors.
b) The Board of Management.
c) The Academic Council.
d) The Finance Comnnittee.
e) Research Council.
f) Distance Education Committee.
g) Such other authorities as may be declared by the Statutes to be the authorities of
the University.
20. The Board of Governors and its powers
1) The Board of Governors shall consist of the Following, namely: -
a) The Chancellor.
b) The Vice-Chancellor.
c) A nominee of the UGC.
d) Three persons nominated by the Sponsor.
f) Two educationists of repute to be nominated by the visitor.
g) Two academicians to be nominated by the Chancellor.
2) The Chancellor shall be the Chairman of the Board of Governors.
3) The Registrar shall be an ex-officio Secretary of the Board of Governors.
4) The Board of Governors shall be the supreme authority and principal governing
body of the University and shall have the following powers, namely
a) To appoint the Statutory Auditors of the University;
b) To lay down policies to be pursued by the University;
c) To review decisions of the other authorities of the University if they are not in
conformity with the provisions of this Act, or the Statutes or the rules:
d) To approve the budget and annual report of the University.
e) To make new or additional Statutes and rules or amend or repeal the earlier
Statutes and rules;
f) To make decision 'about voluntary winding up of the University;
g) To approve proposals for submission to the State Government; and
h) To take such decisions and steps as are found desirable for effectively carrying
out the objects of the University;
5) The Board of Governors, shall, meet at least twice in a calendar year at such
time and place as the Chancellor thinks- fit
21. The Board of Management
l) The Board of Management shall consists of the, following namely
a) The Vice-Chancellor.
b) The Registrar.
c) Four persons, nominated by the Sponsor. .
d)Two Deans of the faculties as nominated by the Chancellor.
e) One representative to be nominated by the State Management and the
Registrar shall be the Secretary of the Board of Management.
3) The powers and functions of the Board of Management shall be such as may be
prescribed by the Statutes.
22. The Academic Council
1. The Academic Council shall consist of the following namely:
a) The Vice-Chancellor - Chairman
b)The Registrar - Secretary
c) Such other members as may be prescribed in the Statutes.
2. The Academic Council shall be the principal academic body of the
University and shall, subject to the provision of this Act, the Statutes and the rules,
co-ordinate and exercise general supervision over the academic policies of the
University.
23. The Flitassee Committee - . -
1) The Finance committee shall consist of the following namely:
a) The Vice-Chancellor — Chairman.
b) The Registrar - Secretary.
c) The Finance Officer - Member.
d) Such other members as may be prescribed by Statutes.
2) The Finance Committee shall be the principal financial body of the
University to take care of financial matters and shall, s ubject to the provisions of
this Act, Statutes and ' rules, co -ordinate and exercise general supervision over the
financial matters of the University.
24. The Research Council
Research Council shall be the Principal Research Committee of the University and
shall provide the larger holistic vision of the kind of research to be undertaken by
the University, including prioritization of the research areas. Research Council
shall, subject to the provisions of this Act, the Statutes, Regulations and the Rules,
co-ordinate and exercise genera l supervision over the Research polices of the
University.
i) The Vice-Chancellor - Chair Person
ii) The Dean of Research.-Secretary
iii) Deans of all Faculties –Members
iv) iv. Such other members as- may be specified in statutes.
25. Distance Education Committee
1)The Distance Education Committee shall be the principal body in the University
driving Distance Learning including the associated research work to have a reach
of larger learner community who may or may not come to the main campus. The
Distance Education Committee, shall, subjec t to the provisions of this Act, the
Statutes, Regulations and the Rules, co -ordinate and exercise general supervision
over the Distance learning programmes/policies of the University.
2) The Distance Education Committee shall consist of the fol lowing,
namely:- i. The Vice-Chancellor -Chair Person,
ii. The Registrar — Secretary.
iii. Such other members as my be specified in the statutes.
26. Other Authorities
The constitution, powers and functions of the other authorities of the University
shall be such as may be prescribed by the Statutes.
27. Proceedings not Invalidated on account of Vacancy
No act or proceeding of any authority of the University shall be invalid merely by
reason of the existence of any vacancy or defection from any constituted authority.
Chapter 5
Statutes and Rules
28. Statutes
Subject to the provisions of this Act and rules, the Statutes may provide for any
matter relating to the University and staff, as -given below:
a) The constitution, powers and functions of the authorities and other bodies of the
University as specified in the Act and such other authorities as may be constituted
front time to time.
b) The operation of the endowment fund, the general fund and
c) The terms and conditions of appointment of the Vice Chancellor, the Registrar
and the Finance Officer and their powers and functions.
d) The mode of recruitment and the conditions of service of the other officers,
teachers and employees of the University.
e) The procedure for resolving disputes the University and its offices, faculty
members, employees and students.
f) Creation, abolition or estructuring of Department and faculities.
g) The manner of co -operation with other Universities or institutions of higher
learning.
h) The procedure for conferment of honorary degrees
i) Provisions regarding grant of freeships and scholarships
j) Numbers of seats in different courses of studies and the procedure of admiss ion
of students to such course.
k) T he fee chargeable from for various course of studies; provided that the
University shall not makes any statute relating to the charging of donation or
capitation fee from the students without the prior approval of the state
Government.
l) Institution of fellowships scholarships, studentships free ships, medals and
prizes:
m) Procedure for creation and abolition of posts :
n) All other matters which by this Act are required to be provided.
29, Statutes how made
The first Statutes framed by the Board of Governors shall be submitted to the State
Government for its approval.
30. Power to amend the statutes
The Board of Governors may with the prior approval of the State Government
make new or additional Statutes or amend the statutes.
31. Rules
Subject to the provisions of this Act, the rules may provide for all or any of the
following matters namely:
a) Admission of students to the University and their enrolment and continuance as
such.
b) The courses of study to be laid down for all degrees, distinctions of the
University,
c) The award of Degrees, Diplomas, Charters, Certificates and other academic
distinctions of the University.
d) Creation, of new authorities of the University,
e) Accounting policy and financial procedure,
f) The conditions of the award of fellowships; scholarships, stude ntships, medals
prizes,
g) The conduct of examinations and the co nditions and mod e of appointment
duties of examining bodies, examiners invigilators, tabulators and moderators.
h) Th e fee to be charged for admission to the examination, Degrees, Diplomas,
Certificates, Charters other academic distinctions of the university.
i) Revision of fees.
j) Alteration of number of seats in different courses and programs.
k) The conditions of residence of the students at the University or constituent
college or affiliated college,
1) Maintenance of discipline among the stu dents of the University or a
constituent college or affiliated college.
m) All other matters as may be provided in the Statutes and rules made under
the Act.
32. Framlsig at Rules
The Rules shall be framed by the Board of Governors and shall be submitted to the
State Government for its approval.
33. Power to amend rules
The Board of Governors may with approval of the State
Government make new or additional rules or amend or repeal the rules,
34. Conditions of Services of employees
1) Every employee shall be appointed under a written contract, which shall be kept
in the University and a copy of which shall be furnished to the employee
concerned.
2) Disciplinary action a gainst the students / employees shall be governed, by
procedure prescribed in the Statutes.
35. Right to appeal
Every employe e or student of the University or of a constituent college, shall
notwithstanding anything contained in this Act, have a right to appeal within such
time as may be prescribed, to the Board of Management against the decision of any
officer or authority of the University - or-of the Principal of any such college, and
thereupon the Board of Management may confirm modify or change the dec ision
appealed against.
36. Provident fund and pension
The University shall constitute for the benefit of its employees such provident or
pension fund and provide such insurance scheme as it may deem fit in such manner
and subject to such conditions as may be prescribed.
37. Disputes as to Const!tution of University Authorities and bodies
If any question arises as to whether any person has been duly elected or appointed
as, or is entitled to be a member of any authority or other body of the University,
the matter shall be referred to the Chancellor whose decision thereon shall be final.
38. Constitution of Committees
Any authority of the University mentioned in Section 19 may constitute a
committee of such authority, consisting of such members as such authority may
deem fit, and having such powers as the authority may deem fit.
39. Filling off Casual vacancies
Any casual vacancy among the members, other than ex -officio members, of any
authority or body of the University shall be filled in the same manner in which the
member whose vacancy is to be filled up, was chosen, and the person filling the
vacancy shall be a member of such authority or body for the residue of the term for
which the person whose place lie/she fills would have been a member.
40. Protection of action taken in good faith.
No suit or other legal proceedings shall lie against any officer or other employee
of the University for anything, which is done in good faith or intended to be
done in pursuance of the provisions of this Act, the Statutes or the rules.
41. Transitional provisions
Notwithstanding anything contained in any other provisions of this Act and the
Statutes:
a) The first Vice -Chancellor shall be appointed by the Chancellor and the said
officer shall hold office for a term of three years.
b) The first Registrar and the first Finance Officer shall be /-N appointed by the
Chancellor. who shall hold office for a term of three years.
c) The First Board of Governors shall hold office for a term not exceeding three
years.
d) The first Board of Management; the first Finance committee and the
first Academic Council shall be constituted by the Chancellor for a term of
three years.
42. Endowment Fund
1) The University shall establish an endowment fond of at least Rupees two crores.
2) The University shall have power to invest the endowment fund in such manner
as may be prescribed.
3) The University may transfer any amount from the general f und or the
development fund to the endowment fund . Except in the dissolution of the
University, in no other
circumstances can any money be transferred from the endowment fund for
other purposes.
4) Not-exceeding 75 percent of the incomes received from the endowment fund,
shall be used for the purposes of development, works of the University. The
remaining 25 percent shall be reserved into the endowment fund.
43. General Fund
1) The University shall establish a general fund to which the following amount
shall be credited namely;
a. All fees which may be charged by the University,
b. All sums received from any other source.
c. All contributions made by the Sponsor.
d. All contributions/donations made in this behalf by any other person or body,
which are not prohibited by any law for the time being in force.
2) The funds credited to -the general fund shall be applied to meet the recurring
expenses of the University.
44 Development Fund
1) The University shall also establish a Development fund, to which the following
funds shall be credited, namely;'
a. Development fees which may be charged from students.
b. All sums received from any other source for the purposes of the development of
the University.
c. All contributions made by the Sponsor,
d. All contributions / donations made in this behalf by any other person or body
which are not prohibited by any law for the being in force, and
e. All incomes received from the endowment fund.
2) The funds credited to the development fund from time to time • .- • • .. . -shall
be-utilized for the development of the University
45. Maintenance of fund
The funds established under sections 42, 43 and 44 shall subject to general
supervision and control of the Board of Governors, be regulated and maintained in
such manner as may be prescribed.
46. Annual Report
1) The annual report of the University shall be prepared under the direction of the
Board of Management and shall be submitted to the Board of Governor s for its
approval.
2) The Board of Governors shall consider the annual report in its meeting and may
approve the same with or without modification.
3) A copy of the annual report duly approved by the Board of Governors shall be
sent to Visitor and the S tate Government on or before December 31 following
close of the financial year in March 31 each year. -
47. Accoaarat & Audits
1) The annual accounts and balance Sheet of the University shall be prepared under
the direction of the Board of Management and all funds received by the University
from -whatever source and all amount disbursed or paid shall be entered in the
accounts maintained by the University.
2) The annual accounts of the University shall be audited by a chartered
accountant, who is a member of the Institute of Chartered Accountants of India,
every year.
3) A copy of the annual account and the Balance Sheet together with the audit
report shall be submitted to the Board of Governors en or before December 31
following close of the financial year in March 31 each year.
4) The annual accounts, the Balance Sheet and the audit report shall be considered
by the Board of Governors at its meeting and the Board of Governors shall forward
the same to Visitor and the State Government along with its observation thereon on
or before December 31 each year.
5) In the event of any material qualifications in the Report of the auditors, the
State Government may issue directions to the University, and such directions shall
be binding on the University.
48. Mode of proof of University Record
A copy of any receipt, application, notice, order, proceeding or resolution of an y
authority or committee of the University or other documents in possession of the
University or any entry in any register duly maintai ned by the University, if
certified by the Registrar, shall be received as prima facie evidence of such receipt,
application, notice, order, proceeding, resolution or document or the existence of
entry in the register arid' shall be admitted as evidenc e of the matter and
transaction therein recorded where the original therefore would, if produced, have
been admissible in evidence.
49. Dissolution of University
1) If the Sponsor proposes dissolution of the University in accordance with the law
governing its constitution or incorporation, it shall give at least 12 (twelve) months
notice in writing to the State government and it shall ensure that no new
admissions to the University are accepted during the notice period.
2) On identification of mismanagement, maladministration, indiscipline, failure in
the accomplishment of the objective of University and economic hardships in the
management systems of University, the State Government would issue .directions
to, the management of the University. If the directions are not followed within such
time as 'may be prescribed, the right to take decision for winding up of the
University would vest in the State Government.
3) Th e manner of winding up of .the University would be such as may be
prescribed by the State Government in this behalf.
Provided that no such action will be initiated without affording a reasonable
opportunity to the Sponsor.
4) On receipt of the notice referred to in sub -section (1), the State Government
shall in consultation with the A1CTE and UGC make such arrangements for
administration of the University from the proposed date of dissolution of the
University by the Sponsor and until the last batch of students in regular courses of
studies of the University complete their courses of studies in such manner as may
be prescribed by the Statutes.
50. Expenditure of the University
1) The expenditure for administration of the University during the taking over
period of its management from the general fund or the development fund.
2) If the funds referred to sub-section (I) ate not sufficient to meet the expenditure
of the University during the taking over period of its management, such
expenditure may be met by disposing of the properties or assets of the University,
by the State Government.
51. Laying of Statutes and Rules
Every Statute or rules made under this Act shall as soon as may be after it is made
be laid before the State Legislature.
52. Remove of difficulties
1) If any difficulty arises in giving effect to the provisions of this Act, the State
Government may, by a notification: pr order, make such provisions, not
inconsistent with the provisions of this Act or the related Extent Laws as
appear to it to be necessary or expedient, for removing the difficulty.
2) 2) Provided that no notification or order under sub-section (1) shall be made
after the expiration of a period, of three years . from the commencement of
this Act.
3) Every order made under sub -section (I) shall as soon as may be af ter it is
made, be laid before the State Legislature.
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