The William Carey University Act, 2005 (Act No.13 of 2005)

N
o. LL(B). 11/2005/50:- The William Carey University Act, 2005 (Act No. 13 of 2005)
is hereby published for general information.
MEGHALAYA ACT NO. 13 OF 2005
As passed by the Meghalaya Legislative Assembly
Received the assent of the Governor on the 6th July, 2005
(Published in the Gazette of Meghalaya Extra-Ordinary, issued dated 13th July, 2005)
THE WILLIAM CAREY UNIVERSITY ACT, 2005
An
Act
To establish and incorporate University in the State with emphasis on providing high
quality and industry relevant education in the areas of Management, I.T, Bio-Technology,
Education, Environment and other Scientific study and research sponsored by ACTS
Academy of Higher Education affiliated to ACTS Ministries, Bangalore, India and to provide
for matters connected therewith or incidental thereto. Be it enacted by the Legislature of the
State of Meghalaya in the Fifty-sixth Year of the Republic of India as follows:-
CHAPTER 1
Preliminary
Short title and 1 (1) This Act may be called William Carey University Act, 2005
commencement
(2) It shall be deemed to have come into force on the date of
notification is issued by the State Government.
Definitions 2 (1) In this Act, unless the context otherwise indicates:
i) “Academic Council” means the Academic Council of
the University;
ii) “Act” means William Carey University Act, 2005;
iii) “ACTS” means acronym for Agriculture, Crafts
Trades and Studies;
iv) “Adjunct Campuses” means campus or campuses
which are attached to the University in addition to the
main campus;
v) “
AICTE” means the All India Council for Technical
Education established under Section 3 of the All
India Council for Technical Education Act, 1987;
vi) “Affiliated College” means a college or an institution
which is affiliated to the University in accordance
with the guidelines issued by the UGC;
vii) “Annual Report” means the Annual report of the
University as explained in Section 44 of the Act;
viii) “Board of Governors” means the Board of Governors
of the University as explained in Section 20 of the
Act;
ix) “Board of Management” means the Board of
Management of the University as explained in
Section 21 of the Act;
x) “Chancellor” means Chancellor of the University as
explained in Section 13 of the Act;
xi) “Constitution College” means a college of an
institution maintained by the University;
xii) “DCI” means the Dental Council of India;
xiii) “DEC” means the Distance Education Council;
xiv) “Development Fund” means the Development Fund
of the University as explained in Section 42 of the
Act;
xv) “Distance Education System” means the system of
imparting education through any means of
information technology and communication such as
multimedia, broadcasting, telecasting, online over
internet, other interactive methods, e-mail, internet
computer, interactive talk-back, e-learning,
corresponding course, seminar, contact program or a
combination of any two or more of such means;
xvi) “Endowment Fund” means Endowment fund of the
University as explained in Section 40 of the Section;
xvii) “Employee” means employee appointed by the
University; and includes teachers and other staff of
the University or of a constituent college;
x
viii) “Faculty” means faculty of the University;
xix) Finance Officer” means Finance Officer of the
University as explained in Section 17 of the Act;
xx) “General Fund” means General Fund of the
University as explained in Section 41 of the Act;
xxi) “INC” means Indian Nursing Council;
xxii) “MCI” means Medical Council of India;
xxiii) “NCTE” means National Council for Teacher
Education;
xxiv) “Prescribed” means prescribed by the Statutes;
xxv) “Principal” in relation to a constituent college, means
the Head of the constitution college includes, where
there is no principal, the Vice-Principal or any other
person for the time being appointed to act a Principal;
xxvi) “Regional Center” means a center established or
maintained by the University for the purpose of co-
ordinating and supervising the work of Study Centres
in any region and for performing such other functions
as may be conferred on such center by the Board of
management in accordance with the guidelines issued
by the UGC;
xxvii) “registrar” means registrar of the University as
explained in Section 16 of the Act;
xxviii) “Rules” means the Rules of the University;
xxix) “Sponsor” means the ACTS Academy of Higher
Education, which is affiliated to ACTs Ministries,
Bangalore, India;
xxx) “State” means the State of Meghalaya;
xxxi) “State Government” means the State Government of
Meghalaya;
xxxii) “Statutes” means the Statutes of the University;
xxx
iii) “Study Centre” means a center established,
maintained or recognized by the University for the
purpose of advising, counselling or for rendering any
other assistance including training, conducting
contact classes and administering examinations
required by the students in accordance with the
guidelines by the UGC;
xxxiv) “Teacher” means a Professor, Associate Professor,
Assistant Professor/ Lecturer or such 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 UGC;
xxxv) “UGC” means the University Grants Commission
established under the University Grants Commission
Act, 1956;
xxxvi) “University” me ans the William Carey University
established under this Act;
xxxvii)“Vice-Chancellor” means Vice -Chancellor of the
University as explained in Section 14 of the Act; and
xxxviii) “Visitor” means the Visitor of the University as
explained in Section 12 of the Act.
CHAPTER 2
The University and its Objects
Proposal for the 3 (1) The Sponsor shall have the right to establish the University
establishment of the in accordance with the provisions of this Act and the
University guidelines.
(2) An application containing the proposal to establish a
University shall be made to the State Government by the
Sponsor.
(3) The proposal may contain the following particulars,
namely:-
(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 of 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
concession or rebates in fee, freeship and scholarship for
students belonging to economically weaker sections and
the fee structure indicating varying rate of fee, if any,
that would be levied on non-resident Indians and
students of other nationalities;
(k) The history and credentials of the sponsor including
years of experience and expertise in the concerned
disciplines at the command of the Sponsor as well as the
financial resources;
(l) The system for selection of students to the courses of
study at the University;
(m)Status of fulfilment of such other conditions as may be
required by the State Government to be fulfilled before
the establishment of the University;
(n) Nature and types of its partnership and affiliations; and
(
o) Such other conditions as may be required by the State
Government to be fulfilled before the establishment of
the University
Establishment of 4 (1) Where the State Government, after such inquiry as it may
University deem necessary, is satisfied that the Sponsor has fulfilled the
conditions specified in sub-section (2), of Section 3, it may
direct the Sponsor, to establish an Endowment Fund n
accordance with the guidelines issued by the UGC.
(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 in
accordance with the guidelines issued by the UGC.
(3) The headquarter of the University shall be at Shillong and it
may have campuses or Regional Centres, Study Centres
anywhere in India and abroad with prior approval of the
UGC, the respective State Governments, the Government of
India and the Government of the Host Country as the case
may be;
Provided that after the development of the main
Campus and after 5 years of its coming into existence the
University obtains permission from the UGC to set up such
off-Campus Centre(s) and/or Study Centre(s) and/or
regional centres and/or off-shore campuses.
(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 use and be used in the name of the
University.
(5) On the establishment of the University under sub-section
(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 Meghalaya shall
vest in the university.
(6) The land, building and other properties acquired for the
University shall not be used for any purpose, other than that
for which the same is acquired.
U
niversity not to be 5 The University shall be self-financing and shall neither make a
entitled to financial demand not shall be entitled to any grant in-aid nor any other
assistance financial assistance from the State Government or any other
body or corporation owned or controlled by the State
Government.
Constituent Colleges 6 (1) The University may have constituent Colleges, Regional
and Affiliated Centers and Study Centres subject to the conditions
Colleges specified in Section 4 sub-section 3 and in accordance with
the guidelines issued by the UGC.
(2) The University may with the prior approval of the Board of
Governors, affiliate any college or other institution in
accordance with the guidelines issued by the UGC.
Objectives of the 7 The objectives for which the University is established are as
University follows:
(a) To provide instruction, teaching and research in selected
fields of professional development and make provisions for
research, advancement and disseminations of knowledge
therein with focus on the development of North East in
general, and Meghalaya in particular;
(b) To establish a campus in the State of Meghalaya, and to
have study centers, campuses and examination centers at
different places in India and abroad in accordance with the
guidelines issued by the UGC;
(c) To offer class room and filed oriented campus based
programmes in various fields professional education such as
Management, IT, Bio-technology, Education, Environment
and other scientific study and research;
(d) To offer programs of study for continuing and through the
distance education mode by formal and non-formal methods
of international quality;
(e) To institute degrees, diplomas, charters, certificates and
other academic distinctions on the basis of examination, or
any other method of evaluation in keeping with professional
requirements and for recognition of merit and competence;
(
f) To collaborate with other colleges or universities, research
institutions, industry associations, corporate and business
houses, likeminded associations, church bodies, professional
associations including the International Council for Higher
Education or any other organization, in India or abroad, to
conceptualize, design and develop specific education and
research programs, training programs and exchange
programs for students, faculty members and other;
(g) To facilitate knowledge and skills through workshops,
seminars, conferences, short-term and long-term intensive
programs, community development programs, publications,
and training programs;
(h) To utilize computer managed e-learning facilities for e-
learning through national and international networks;
(i) To undertake programmes for the training and development
of faculty members of the University and other institutions
in India or abroad;
(j) To undertake collaborative research with any organization in
India or abroad;
(k) To create higher levels of intellectual abilities and
professional development through Centres, Institutes or
Academies to function under the University;
(l) To provide consultancy to individuals, institutions, industry,
Government and N-n-Government Organizations in areas of
professional expertise;
(m)To ensure that the standard of the degrees, diplomas,
charters, certificates and other academic distinctions are not
lower than those laid down by
AICTE/NCTE/UGC/DEC/DCI/MCI/INC and Pharmacy
Council.
(n) To encourage writing, researching, publishing and
distinction;
(o) To do all things necessary or expedient to promote the above
objectives; and
(p) To pursue any other objective as may be approved by the
State Government.
P
owers of the 8 The University shall have the following powers, viz:-
University
(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 the statutes in
accordance with the guidelines issued by the UGC;
(b) To carry out all such other 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 and 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 and terminate appointments of the faculty, officers
and employees of the University or a constituent college,
affiliated colleges, Regional Centres, Study Centres located
in India and abroad in accordance with the guidelines issued
by the UGC;
(g) To receive donations and gifts of any kind and to acquire,
hold, manage, maintain and dispose of any movable or
immovable property, including trust and endowment
properties for the purpose of the University or a constituent
college, or a Regional Centre, Study Centre in accordance
with the guidelines issued by the UGC;
(h) To accept students from all sections of the University
regardless of caste, race or creed;
(i) To ensure that the land, building and other properties
acquired for the University shall not be used for any
purpose, other than that for which the same is acquired;
(j) To co-operate and collaborate with other Universities and
Institutions in such manner and for such purposes as the
University may determine from time to time;
(k) To offer programs on distance learning basis and continuing
education and the manner in which such programs are
offered by the University;
(
l) To make special provision for students belonging to the
State of Meghalaya for admission in any course of the
University or in a constituent college, affiliated college,
regional centre or study centre;
(m)To do all such other acts or things whether incidental to the
powers aforesaid or not, as may be necessary to further the
objects of the University;
(n) To recognize examinations or periods of study (whether in
full or in part) of other Universities, Institutions or other
places of Higher learning as equivalent to examinations or
periods of study in the University and to withdraw such
recognition at any time; and
(o) To manage all properties, movable and immovable the land
acquired, created, arranged or built by the University for the
purpose of the University in the State of Meghalaya which
shall vest in the University and to ensure that such land,
building and other properties acquired for the University
shall not be used for any purpose, other than that for which
the same is acquired.
University open to all 9 The University shall be open to all persons irrespective of class,
classes, castes, creed, caste, creed, religion, language or gender:
religion, language and
gender Provided that noting in this section shall be deemed to
require the University from making special provisions for
admission to students of the State.
National 10 The University will seek accreditation from respective national
Accreditation accreditation bodies.
CHAPTER 3
Officers of the University
Officers of the 11 The following shall be the Officers of the University:
University
(a) The Chancellor;
(b) The Vice-Chancellor;
(c) The Registrar;
(
d) The Finance Officer; and
(e) Such other officers as may be declared by the Statutes to be
officers of the University.
The Visitor 12 (1) The Governor of Meghalaya 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, Designations 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; and
(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
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
compiled with by all concerned.
The Chancellor 13 (1) The Sponsor shall, with 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 and shall, when the Visitor is not present, preside
at the convocation 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 relating to the
affairs of the University;
(b) To appoint the Vice-Chancellor;
(c) To remove the Vice-Chancellor;
(
d) To issue such directions as he deem fit in the interest of
the University and the directions so issued shall be
compiled with by all concerned; and
(e) Such other powers as may be conferred on him by this
Act or the Statutes made there under.
The Vice-Chancellor 14 (1) The Vice-Chancellor shall be appointed on 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
Governors 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 re-appointment 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 opportunity 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 entitled to prefer, within
three months from the date on which such action is
communicated to him, an appeal to the Board of
Government and the Board of Governors may confirm or
modify re reverse the action taken by the Vice-Chancellor.
(
5) If in the opinion of the Vice-0Chancellor 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 Chancellor 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 Rules.
(7) The Vice-Chancellor shall preside at the convocation of the
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.
Deans of Faculties 15 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.
The Registrar 16 (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
such 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 due custody of the
records and the common seal of the University and shall be
bound to place before the Chancellor, the Vice-Chancellor
or any other authority, all such information and documents
as may be necessary for transaction of their business.
(
5) The Registrar shall exercise such other powers and perform
such other duties as may be prescribed by the Statutes and
authorized by the Vice-Chancellor.
The Finance Officer 17 The Finance Officer shall be appointed by the Board of
Governors in such manner and shall exercise such powers and
perform such duties as may be prescribed.
Other Officer 18 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 in accordance with the guidelines
issued by the UGC.
CHAPTER 4
Authorities of the University
Authorities of the 19 The following shall be the authorities of the University, namely:
University
(a) The Board of Governors;
(b) The Board of Management;
(c) The Academic Council;
(d) The Finance Committee; and \
(e) Such other authorities as may be declared by the Statutes
to be the authorities of the University.
The Board of 20 (1) The Board of Governors shall consist of the following:-
Governors and its
powers (a) The Chancellor
(b) The Vice-Chancellor
(c) Three persons nominated by the Sponsor;
(d) One representative of the State Government
(e) An educationist of repute to be nominated by the
State Government; and
(f) One person of repute from the State to be nominated
by the sponsor;
(
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 take 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 fund 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.
The Board of 21 (1) The Board of Management shall consist of:-
Management (a) The Vice-Chancellor;
(b) The Registrar;
(c) Three 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
Government; and
(f) One person of repute from the State to be nominated by
the sponsor;
(2) The Vice-Chancellor shall be the Chairperson of the Board
of 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.
The Academic 22 (1) The Academic Council shall consist of:
Council
(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 provisions of this
Act, the Statutes and the Rules, co-ordinate and exercise
general supervision over the academic policies of the
University.
The Finance 23 (1) The Finance Committee shall consist of:
Committee
(a) The Vice-Chancellor - Chairman
(b) The Registrar - Secretary
(c) The Finance Officer
(d) Such other members as may be prescribed in the Statutes.
(2) The Finance Committee shall be the principal financial body
of the University to take care of financial and shall, subject
to the provisions of this Act, the Statutes and the Rules, co-
ordinate and exercise general supervision over the academic
policies of the University.
Other Authorities 24 The constitution, powers and functions of the other authorities
of the University shall be such as may be prescribed.
P
roceedings not 25 No Act or proceeding of any authority of the University shall be
invalidated on invalid merely by reason of the existence of any vacancy or
account of vacancy defect in the constitution of the authority.
CHAPTER 5
Statutes and Rules
Statutes 26 Subject to the provision of this Act, 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 not specified in the Act, as
may be constituted from time to time;
(b) The operation of the endowment fund, the general fund and
the development fund;
(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 between the University
and its officers, faculty members, employees and students;
(f) Creation, abolition or restructuring of Departments and
faculties;
(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) Number of seats in different courses of studies and the
procedure of admission f students to such courses;
(k) The fee chargeable from students for various courses of
studies;
(l) Institutions of fellowships, scholarships, studentships,
feeships, medals and prizes;
(
m)Procedure for creation and abolition of posts; and
(n) Other matters which may be prescribed.
Statutes how made 27 (1) The first Statutes framed by the Board of Governors shall
be submitted to the State Government for its approval,
which may, within three months from the date of receipt of
the Statutes give its approval with or without
modifications.
(2) Where the State Government fails to take any decision
with respect to the approval of the Statutes within the
period specified under Sub-section (1) it shall be deemed
to have been approved by the State Government.
Power to amend the 28 The Board of Government may, with the prior approval of the
Statutes State Government, make new or additional Statutes or amend
or repeal the Statutes.
Rules 29 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,
Diplomas, Certificates, Charters and other academic
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, studentships, medal and prizes;
(g) The conduct of examinations and the conditions and
made of appointment and duties of examining bodies,
examiners, invigilators, tabulators and moderators.
(h) The fee to be charged for admission to the
examinations, Degrees, Diplomas, Certificates,
Charters, and 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 a constituent college or affiliated college;
(l) Maintenance of discipline among the students at the
University or a constituent college or affiliated college;
and
(m)All other matters as may be provided in the Statutes
and Rules under the Act.
Rules how made 30 (1) The Rules shall be made by the Board of Governors
and the Rules so made shall be submitted to the State
Government for its approval, which may, within two
months from the date of receipt of the Rules, give its
approval with or without modification.
(2) Where the State Government fails to take any decision
with respect to the approval of the Rules within the
period specified under Sub-section (1), it shall be
deemed to have been approved by the State
Government.
Power to amend 31 The Board of Governor may, make new or additional Rules or
Rules amend or repeal the Rules.
CHAPTER 6
Miscellaneous
Conditions of service 32 (1) Every employee shall be appointed under a written
of employees contract, which shall be kept in the University and a copy
of which shall be furnished to the employee concerned.
(2) Disciplinary action against the students/employees shall be
governed by procedure prescribed in the Statutes.
Right to appeal 33 Every employee 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 decision appealed against.
P
rovident fund and 34 The University shall constitute for the benefit of its employees
pension 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.
Disputes as to 35 If any question arises as to whether any person has been duly
constitution of elected or appointed as, or is entitled to be a member of any
University authorities authority or other body of the University, the matter shall be
and bodies referred to the Chancellor whose decision thereon shall be
final.
Constitution of 36 Any authority of the University mentioned in Section 19 will
committees be empowered to 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.
Filling of casual 37 Any casual vacancy among the members, other than ex-officio
vacancies member, 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 he/she
fills would have been a member.
Protection of action 38 No suit or other legal proceedings shall lie against any officer
taken in good faith 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.
Transitional 39 Notwithstanding anything contained in any other provisions of
provisions 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
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; and
(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.
E
ndowment fund 40 (1) The University shall establish an endowment fund of at
least Rupees one crore.
(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
fund or the development fund to the endowment fund.
Excepting in the dissolution of the University, in no other
circumstances can any moneys be transferred from the
endowment fund for other purpose.
(4) Not exceeding 75% of the incomes received from the
endowment fund shall be used for the purposes of
development works of the University. The remaining 25%
shall be reinvested into the endowment fund.
General fund 41 (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 contribution made by the Sponsor; and
(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 funds shall be appointed
to meet the following payments:-
(a) The repayment of debts including interest charges
thereto incurred by the University for the purposes of
this Act and the Statutes, and the Rules made there
under;
(b) The upkeep of the assets of the University;
(c) The payment of the cost of audit of the fund created
under Section 41;
(d) Meeting the expenses of any suit on proceedings to
which University is a party;
(
e) The payment of salaries and allowances of the officers and
employees of the University, members of the teaching and
research staff; and payment of any Provident Fund
contributions, gratuity and other benefits  to any such
officers and employees, members of the teaching and
research staff;
(f) The payment of travelling and other allowances of the
members of the Board of Governors, the Board of
Management, Academic Council, and other authorities so
declared under the Statutes of the University and of the
members of any Committee or Board appointed by any of
the authorities of the University in pursuance of any
provision of this Act, or the Statutes, or the Rules made
there under;
(g) The payment of fellowship, freeships, scholarship,
assistantships and other awards to students, research
associate or trainees eligible for such awards under the
Statutes, or Rules of the University under the provisions of
this Act;
(h) The payment of any expenses incurred by the University in
carrying out the provision of this Act, and the Statutes or
the Rules made there under;
(i) The payment of cost of capital, not exceeding for prevailing
Bank rate of interest, incurred by the Sponsor for setting up
the University and the investment made thereof;
(j) The payment of charges and expenditure relating to the
consultancy work, undertaken by the University in
pursuance of the provisions of this Act, and the Statutes,
and the Rules made there under;
(k) The payment of any other expenses including a
management fee payable to any organization charged with
the responsibility of managing the University on behalf of
the sponsoring body, as approved by the Board of
Management to be an expense for the purposes of the
University;
(l) Provided that no expenditure shall be incurred by the
University in excess of the limits for total recurring
expenditure and total non-recurring expenditure for the year
as may be fixed by the Board of Management without the
previous approval of the Board of Management; and
(
m)Provided further that the General Fund shall be
applied for the objects specified under sub-section (2)
with the prior approval of the Board of Management
of the University.
Development fund 42 (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 time being in force; and
(e) All incomes received from the endowment fund;
(2) The fund credited to the development fund from time tot
time shall be utilized for the development of the
University.
Maintenance of fund 43 The funds established under Section 40, 41 and 42 shall,
subject to general supervision and control of the Board of
Governors, be regulated and maintained in such manner as
may be prescribed.
Annual Report 44 (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 Governors 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 State
Government on or before December, 31 st following close
of the financial year in March, 31st each year.
A
ccount and audit 45 (1) The annual accounts and Balance Sheet of the University
shall be prepared under the direction of the Board of
Management and all funds accruing to or 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 accounts and the Balance Sheet
together with the audit report shall be submitted to the
Board of Governors on or before December, 31 st
following close of the financial year in March, 31 st 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 the Visitor and the State Government along with
its observation thereon on or before December, 31 st 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.
Mode of proof of 46 A copy of any receipt, application, notice, order, proceeding
University record or resolution of any authority or committee of the University
or other documents in possession of the University or any
entry in any register duly maintained 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 and shall be admitted as evidence of the
matters and transaction therein recorded where the original
thereof would, if produced, have been admissible in
evidence.
Dissolution of 47 (1) If the Sponsor proposes dissolution of the University in
University accordance with the Law governing its constitution or
incorporation, it shall give at least three months notice in
writing to the State Government.
(
2) On identification of mismanagement, mal-administration,
in-discipline, failure in the accomplishment of the objects
of University and economic hardships in the management
systems of University, the State Government would issue
directions to the management system of 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) The 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 show cause
to the Sponsor.
(4) On receipt of the notice referred to in sub-section (1), the
State Government shall, in constitution with the AICTE
and UGC make such arrangement 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.
Expenditure of the 48 (1) The expenditure for administration of the University
University during during the taking over period of its management under
dissolution Section 47 shall be met out of the endowment fund, the
general fund or the development fund.
(2) If the funds referred to sub-section (1) are not sufficient
to meet the expenditure of the University during the
taking over period of its management, such expenditure
may be met by disposing off the properties or assets of
the University, by the State Government,
Laying of Statutes and 49 Every Statutes or Rule made under this Act shall be laid, as
Rules soon as, may be after it is made, on the table of the
Legislative Assembly.
Removal of difficulties 50 (1) If any difficulty arise in giving effect to the provisions of
this Act, the State Government may, by a Notification or
order, make such provisions, not inconsistent with the
provisions of this Act, as appear to it to be necessary or
expedient, for removing the difficulty:
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.
(
2) Every order made under sub-section (1) shall, as soon as
may be after it is made, be laid before the State
legislature.
University to be subject 51 Notwithstanding anything contained in this act, the
to Standard of UGC establishment, maintenance of standards and any other matter
concerning Private University established under this Act shall
be subject to the UGC (Establishment and Maintenance of
Standard in Private Universities) Regulation 2003 as
amended from time to time and any other Regulation of
direction as may be issued by the UGC from time to time.
L. M SANGMA,
Deputy Secretary to the Govt. of Meghalaya,
Law (B) Department.

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