LexaceLexace Ask the AI ›
⚖️ Ask the AI about your situation:🚗 Car Accident💼 Work / Job🏠 Housing / Eviction👪 Family / Divorce📋 Contract Dispute💰 Money Owed

The Martin Luther Christian University Act, 2005(Act No. 11 of 2005)

Meghalaya · state statute
Open in Lexace · Ask the AI about this act
No. LL(B).28/2005/31:-Martin Luther Christian University Act, 2005(Act No. 11 of 2005) is hereby 
published for general information. 
MEGHALAYA ACT NO.11 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 
 
 MARTIN LUTHER CHRISTIAN UNIVERSITY ACT, 2005 
An 
 Act  
To establish and incorporate an University in the State with emphasis on providing instruction, 
teaching and training in the field of professional courses of Science, Health Sciences, Bio-Technology, 
Information Technology, Commerce, Management and other a llied areas sponsored 1(*) by the National 
Lutheran Health and Medical Board of the Union Evangelical Lutheran church in India and to provide for 
matters connected therewith or incidental there to
 
 
.  
Be it enacted by the Legislature of the State of Meghalay a in the Fifty -sixth Year of the Republic of 
India as follows:- 
CHAPTER 1 
Preliminary 
                                                 
1 Earlier the words “jointly by the Khasi Jaintia  Presbyterian Assembly and” were omitted by Amendment Act No.6 of 
2014 
 
Short title and Commencement 1 (1) This Act may be Martin Luther Christian University 
Act, 2005 
 
(2)  It shall be deemed to have come into force on the 
date on which the Notification is issued by the State 
of Meghalaya; 
 
Definitions 2 (1) In this Act, unless the context otherwise indicates: 
 
(i)  “Academic Council” means the Academic 
Council of the University; 
 
 
(ii)  “Act” means Martin Luther Christian University 
Act,2005; 
 
 
(iii)  “AICTE” means the All India Council for 
Technical Education established under Section 3 
of the All India Council for Technical Education 
Act, 1987. 
i
v) “Affiliated College” means a college or an institution
which is affiliated to the University;
v) “Annual Report” means the Annual report of the
University as explained in Section 44 of the Act;
vi) “Board of Governors” means the Board of Governors
of the University as explained in Section 20 of the Act;
vii) “Board Management” means the Board of Management
of the University as explained in Section 21 of the Act;
viii) “Chancellor” means Chancellor of the University as
explained in Section 13 of the Act.
ix) “Constituent College” means a college or an institution
maintained by the University;
x) “DCI” means the Dental Council of India;
xi) “DEC” means the Distance Education Council;
xii) “Development Fund” means the Development Fund of
the University as explained in Section 42 of the Act;
xiii) “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, correspondence
course, seminar, contact program or a combination of
any two or more of such means;
xiv) “Endowment Fund” means Endowment fund of the
University as explained in Section 40 of the Act;
xv) “Employee” means employee appointed by the
University; and includes teachers and other staff of the
University or of a constituent college;
xvi) “Faculty” means faculty of the University;
xvii) “Finance Officer” means Finance Officer of the
University as explained in Section 17 of the Act;
xviii) “General Fund” means General Fund of the University
as explained in Section 41 of the Act;
 
 
 
                                                 
1 Earlier the words “the Khasi Jaintia Presbyterian Assembly and” were omitted by Amendment Act No.6 of 2014 . 
  
(xix) “INC” means the Indian Nursing Council; 
 
(xx)  “MCI” means the Medical Council of India; 
 
(xxi) “NCTE” means the National Council for Teacher 
Education; 
 
(xxii) “Prescribed” means prescribed by the Statues; 
 
(xxiii) “Principal” in relation to a constituent college, means 
the Head of the constituent college and includes, where 
there is no principal, the Vice -Principal or any other 
person for the time being appointed to act as Principal; 
 
(xxiv) “Regional Center” means a center established or 
maintained by the University for the purpos e 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; 
 
(xxv) “Registrar” means Registrar of the University as 
explained in Section 16 of the Act; 
 
(xxvi) “Rules” means the Rules of the University; 
 
(xxvii) “Sponsor” means 1(*)the National Lutheran Health 
and Medical Board of  the Union Evangelical Lutheran 
Church in India
 
; 
(xxviii) “State” means the State of Meghalaya; 
 
(xxix) “State Government” means the State Government of 
Meghalaya; 
 
(xxx) “Statues” the Statues of the University; 
 
(xxxi) “Study Centre” means a center established, maintained 
or reorganized by the University for the purpose of 
advising, counselling or for rendering any other 
assistance including training, co nducting contact classes 
and administering examinations required by the students;  
 
 
xxx
ii) “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;
xxxiii) “UGC” means the University Grants Commission
established under the University Grants Commission
Act, 1956;
xxxiv) “University” means the Martin Luther Christian
University, Meghalaya established under this Act;
xxxv) “Vice-Chancellor” means Vice -Chancellor of the
University as explained in Section 14 of the Act;
xxxvi) “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.
University
(2) An application containing the proposal to establish a
University shall be made to the State Government by the
Sponsor
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
concessions 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 the expertise in the concerned discipline
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; and
(m)Nature and types of its partnership and affiliations.
(n) Status of fulfilment of 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.
(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 campuses of the University shall be at any place
within the State of Meghalaya with its Headquaters at
Mawphlang, East Khasi Hills, meghalaya and it may have
campuses or Regional Centres, Study Centres anywhere in
India or abroad with approval of the Government of
Meghalaya.
(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 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.
University not to be 5 The University shall be self-financing and shall neither make a
entitled to financial demand nor shall be entitled to any grant in-aid or any other
assistance financial assistance from the State Government or any other
body or corporation owned or controlled by the State
Government.
Constitution Colleges 6 (1) The University may have constituent colleges, Regional
and Affiliated Colleges. Centers and Study Centres.
(2) The University may with the prior approval of the Board of
Governors, affiliate any college or other institution.
Objects of the 7 The objectives for which the University is established are as
University follows:
(a) To establish academic Departments, centres, faculties and
institutions of excellence to train professionals of high
competence and commitment.
(b) To affiliate colleges and to set up university centre for
interactive, distance, online and other modes of learning in
a networked system of learning centres, using modern
information and communication technologies;
(
c) To collaborate with educational and healthcare institutions,
Government and voluntary organizations to offer various
academic programmes;
(d) To provide educational and healthcare of underdeveloped
regions, especially tribal areas and their people;
(e) To advocate the need and contribution of higher education as a
valuable means to individual and societal development;
(f) To assist students and graduates in planning, preparing and
being placed in their careers;
(g) To develop innovative concepts and programmes in higher
education;
(h) To develop educational programmes that are flexible and
responsible to changes in society;
(i) To contribute to the development of a knowledge-based society;
Powers of the 8 (1) The University have the following powers, namely:
university
i) To provide for instruction, teaching and training in such
branches of learning as the University may think fit and to
make provisions for research and for the advancement and
dissemination of knowledge, particular in the fields of
professional course of sciences, Health Sciences, Bio-
Technology, Information Technology, Commerce,
Management and other allied areas;
ii) To establish, maintain and manage institutes of Research and
to assist in administering and managing the Institutes and
such other centres for research education and instructions as
are necessary for the furtherance of the objects of the
University;
iii) To make such provision so as to enable Constituent
Colleges, affiliated Colleges, Autonomous Colleges,
Approved Colleges and Study Centres to undertake
specialization of studies and to organize common
laboratories, libraries and other equipment for research
work; to develop patterns of teaching in undergraduate, post
graduate and super specialities so as to meet a very high
standard of education, particularly in the fields of
professional courses of Sciences, Health Sciences, Bio-
Technology, Information Technology, Commerce,
Management and other allied areas;
i
v) To institute degrees, titles, diplomas, certificates and
other academic distinctions;
v) To hold examinations and to grant and confer degrees
titles, diplomas, certificates and other academic
distinctions on persons who shall have pursued and
passed an approved course of study in Constituent
Colleges, Autonomous Colleges, Affiliated Colleges,
Approved Colleges and Study  Centres of the
University, subject to such conditions as the University
may determine and to withdraw any such degrees,
titles, diplomas, certificates and other academic
distinctions on good and sufficient cause;
vi) To confer honorary degrees or other distinctions under
conditions prescribed;
vii) To approve colleges providing course of study for
admission to the examinations for tiles, degrees,
diplomas and certificates of the University under
conditions prescribed and to withdraw such approval;
viii) To designate any college as an autonomous college in
the manner and under conditions prescribed by the
ordinances and statues and to cancel such designation;
ix) To hold and manage endowments and other properties
and funds of the University and to raise required for the
purposes of the University;
x) To fix fees and to demand and receive such fees and
other charges as may be prescribed;
xi) To institute and maintain halls and hostels and to
recognize places of residence for the students of the
University and to withdraw such recognition accorded
to any such places of residence.
xii) To establish such special centres or other units for
research and instruction as are, in the opinion of
University, necessary for the furtherance of its objects;
xiii) To supervise and control the places of residence for the
students of the University and to regulate the discipline
of the students of the University and to make
arrangements for promoting their health;
x
iv) To create academic, technical, administrative,
ministerial and other posts and to make appointments
thereto;
xv) To regulate and enforce discipline amongst the
employees of the University and to take such
disciplinary measures as may be deemed necessary;
xvi) To institute, professorships, associate professorships,
assistant professorships, readerships, lecturer ships and
any other teaching academic or research posts as may
deemed necessary by the University, and to appoint
duly qualified person as professors, associate
professors, assistant professors, readers, lecturers, or
otherwise as teachers and researchers of the University;
xvii) To institute and award honorary doctorate, fellowships,
scholarships; prizes and medals;
xviii) To provide for printing, reproduction and publication
of research and other works and to organize
exhibitions;
xix) To co-operate with other organizations in the matter of
education, training and research, particularly in the
field of professional courses of Sciences, Health
Sciences, Bio-technology, Information Technology,
Commerce, Management and other allied areas; for
such purposes as may be agreed upon and on such
terms and conditions as the University may, from time
to time, determine;
xx) To co-operate with institutions of higher learning in
any part of the world having objects wholly or partly
similar to those of the University, by exchange of
teachers and scholars and generally in such manner as
may be conductive for furtherance of the objects of the
University;
xxi) To regulate the expenditure and to manage the funds of
the University;
xxii) To establish and maintain within the premises of the
University or elsewhere, such class rooms, study halls,
etc, as the University may consider necessary and to
adequately furnish the same;
xx
iii) To receive grants subscriptions, donations and gifts for
purpose of the University and consisted with the
objects for which the University is established to enter
into agreements with the Central Government State
Government, the University Grants Commission or
other authorities for the purposes of receiving any such
grants and donations and to accept grants of money,
securities or property of any kind on such terms and
conditions as may be deemed expedient;
xxiv) To purchase, taken on lease or accept as gift or
otherwise any land or building or works which may be
necessary or convenient for the purpose of the
University and on such terms and conditions as it may
think fit and proper and to construct or after and
maintain any such building or works;
xxv) To execute conveyance, transfer, re-conveyances,
morgages, leases, licences and agreements in respect of
property, movable or immovable, including
Government securities belonging to the University
and/or to acquire such property for the purpose of the
University;
xxvi) To raise and borrow money, including upon
mortgaging properties, on promissory notes or on the
basis of any other obligations, whatsoever on any of the
properties and assets of the University and upon such
terms and conditions as the University may think fit;
and to pay out of the funds of the University, all
expenditures incidental to the raising of money and to
repay any money borrowed and to redeem any security
given with respect of the property of the University;
xxvii) To invest the funds of the University or money
entrusted to the university in nay securities and in such
manner as the University may deem fit and from time
tot time and/or to transpose any such investment;
xxviii) To make such Statutes as may, from time to time, be
considered necessary for regulating the affairs and
management of the University and to alter, amend and
to rescind them;
xxix) To delegate all or any of the powers of the University
to the Chancellor, the Vice-Chancellor or to the Senate
or Syndicate or any Committee or Sub-Committee
thereof;
xxx
) To do all such other acts and things as the University
may consider necessary, conductive or instrumental to
the attainment and enlargement of the aforesaid objects
or anyone of them, and
xxxi) Generally to do all such other acts and things as may be
necessary or desirable to further the objects of the
University;
University open to all 9 The University shall be open to all persons irrespective of
classes, castes, creed, class, 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 offices as may be declared by the Statues 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 Degree, 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
(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
complied 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;
(b) To  appoint the Vice-Chancellor;
(c) To remove the Vice-Chancellor;
(d) 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 his 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 on 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 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 Chancellor and his decision thereon shall
be final.
(6) The Vice-Chancellor shall exercise such other powers and
perform such 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 Vice-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 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 powers and perform such
duties as may be prescribed by the Statutes.
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 Officers 18 The manner of appointment, terms and conditions of services
and powers and duties of the other Officers of the University
shall be such as may be prescribed.
C
HAPTER 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;
(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 Authorities 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;
(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.
T
he Academic 22 (1) The Academic Council shall consist of:
Council
(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 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 matters and shall,
subject to the provisions of this Act, the Statutes and the
Rules, co-ordinate and exercise general supervision over the
financial matters 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.
Proceedings not 25 No Act or proceeding of any authority of the University shall be
validated on account invalid merely by reason of the existence of any vacancy or
of vacancy. defect in the constitution of the authority.
C
HAPTER 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 conditions of service of the
other officers, teachers and employees of the University;
(e) The procedure for resolving dispute between the University
and its officer, 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 scholarchips;
(j) Number of seats in different courses of studies and the
procedure of admission of students of such courses;
(k) The fee chargeable from students for various courses of
studies;
(l) Institution of fellowships, scholarships, studentships,
freeships, medals and prizes;
(m)Procedure for creation and abolition of posts;
S
tatutes 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 approved with or without modifications.
(2) Where the State Government fails to take 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 Governors 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 fellowship, scholarships,
studentships, medals and prizes;
(g) The conduct of examinations and the conditions and mode
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 of the
University or a constituent college or affiliated college;
(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 Government 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 Sub0section (1), it shall be deemed to have
been approval by the State Government.
Power to amend 31 The Board of Government may, with the prior permission of the
Rules State Government, make new or additional Rules or amend or
repeal the Rules.
CHAPTER 6
Miscellaneous
Conditions of service 32 (1) Every employee shall be appointed under a written contract,
of employees which shall be kept in the University and a copy of which
shall be furnished to the employee concerned;
(2) Discipline 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 mentioned in Section 19 will be empowered to
committees 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 casual 37 Any casual vacancy among the members, other than ex-officio
vacancies 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 he/she fills would
have been a member.
Protection of action 38 No suit or other legal proceedings shall lie against any officer or
taken in good faith 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 provisions of this
provisions Act and the Statutes.
(a) The first Vice-Chancellor shall 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.
Endowment 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. Excepting in the dissolution
of the University, in no other circumstances can any monies
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;
(d) All contribution/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 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 or 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 benefit
to any such offices 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 provisions 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
associates 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
to 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 the
prevailing Bank rate of interest, incurred by the Sponsor
for setting up the University and the investments 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;
(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;
D
evelopment 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 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 funds credited to the Development Fund from time to
time shall be utilized for the development of the University
Maintenance of fund 43 The funds established under sections 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 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.
Account 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, 31st each year;
(4) The annual accounts, the Balance Sheet and the audit report
shall be considered by the Board of Governor at its meeting
and the Board of Governors shall forward the same to the
Visitor and the State Government along with its
observations thereon on or before December, 31st 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 or
University record 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 of this
behalf. Provided that no such action will be initiated without
affording a reasonable opportunity to show cause to the
Sponsor;
 
 
                                                                                             L. M. SANGMA, 
                                                                                         Deputy Secretary to the Govt. of Meghalaya, 
                                                                                           Law (B) Department. 
 
THE UNDERLINED TEXT INDICATES THE INSERTION/SUBSTITUTION OF THE SUBSEQUENT 
AMENDMENTS TO MARTIN LUTHER CHRISTIAN UNIVERSITY ACT, 2005 (ACT NO. 11  OF 2005 ), 
AMENDED AND UPDATED UPTO THE YEAR - ACT 6 OF 2014. 
  (4) On receipt of the notice referred to in sub -section (1), the state  
Government shall, in consultation 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 
University during 
dissolution 
48 (1) The expenditure for administration of the University during the  
taking over period of its management under 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

Excerpt shown. Open the full act in Lexace.

‹ Prev All Meghalaya acts Next ›