LexThe CMJ University Act, 2009 (Act No. 4 of 2009)
Meghalaya · state statute
Open in Lexace · Ask the AI about this actThe 20th July, 2009.
No.LL(B)42/09/80. —The CMJ University Act, 2009 (Act No. 4 of 2009) is hereby published for
general information.
CMJ UNIVERSITY ACT, 2009
AN
ACT
to establish and incorporate a University in the S tate, with emphasis on providing high quality and industry-
relevant education in the areas of Physical Sciences, Life Sciences, Technology, Medical Science and
Paramedical, Management, Finance & Accounting, Commerce, Humanities, Languages & Communication,
Applied and Performing Arts, Education, Law , Social Science and related areas sponsored by CMJ Foundation
and to provide for matters connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Meghalaya in the Sixtieth Year of the Republic of India as
follows:
Chapter 1
Preliminary
Short title, and
Commencement
Definitions
1. (1) This Act may be called CMJ University Act, 2009
(2) It shall come into force on such date as the S tate Government may, by
notification appoint.
2. In this Act, unless the context otherwise indicates:
(i.) “Academic Council” means the Academic Council of the University;
(ii.) “Act” means the CMJ University Act, 2009;
(iii.) “AICTE” means the All India Council for Technical Education est ablished
under Section 3 of the All India Council for Technical Education Act,
1987;
MEGHALAYA ACT NO. 4 OF 2009
(As passed by the Meghalaya Legislative Assembly)
Received the assent of the Governor on 14th July, 2009.
Published in the Gazette of Meghalaya Extraordinary issue dated 20th July, 2009.
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(iv.) “Affiliated College” means a college or an institution which is affiliated to
this University;
(v.) “Annual Report” means the annual report of the University as prepared
in Section 45 of the Act;
(vi.) “BCI” means the Bar Council of India;
(vii.) “Board of Governors” means the Board of Governors of the University as
referred to in Section 21 of the Act;
(viii.) “Board of Management” means the Board of Management of the University
constituted in Section 22 of the Act;
(ix.) “CMJ Foundation” means Chandra Mohan Jha Foundation, a Trust
registered at Shillong and recorded in Book No. 1, Vol-2, Pages 166-
188 being no. 383 of the year 2004;
(x.) “Chancellor” means Chancellor of the University appointed in Section 14
of the Act;
(xi.) “Constituent College” means a College or an Institution established and
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
established under Section 43 of the Act;
(xv.) “Distance Education System” means the system of imparting education
through any means of Information Technology, Communication and other
media such as Multimedia, Broadcasting, Telecasting, Online over
internet, portal, other interactive methods, email, internet, computer ,
interactive talk-back, e-learning, correspondence course, seminar ,
contact programme or a combination of any two or more of such means;
(xvi.) “Endowment Fund” means Endowment Fund of the University established
under Section 41 of the Act;
(xvii.) “Employee” means employee appointed by the University and includes
teachers and other staff of the University or of a constituent college;
(xviii.) “Faculty” means Faculty of the University;
(xix.) “Finance Officer” means Finance Officer of the University appointed under
Section 18 of the Act;
(xx.) “General Fund” means General Fund of the University as referred to in
Section 42 of the Act;
(xxi.) “INC” means the Indian Nursing Council;
(xxii.) “prescribed” means prescribed by the rules, regulations or statutes under
the Act;
(xxiii.) “MCI” means the Medical Council of India;
(xxiv.) “NCTE” means the National Council for Teacher Education;
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(xxv.) ”Off-campus Centre” means a Centre of the private university established
by it outside the main campus (within or out side the State) operated
and maintained as its constituent unit, having the university’s compliment
of facilities, faculty and staff;
(xxvi.) “Official Gazette” means the Gazette of Meghalaya;
(xxvii.) “Off-shore campus” means a campus of the private university established
by it outside the country, operated and maint ained as its constituent
unit, having the university’s compliment of facilities, faculty and staff;
(xxviii.) “PHI” means the Pharmacy Council of India;
(xxix.) “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;
(xxx.) “Regional Centre” means a Centre established or maintained by the
University for the purpose of coordinating and supervising the work of
Students and for rendering any other assist ance including training,
conducting contact classes and administering examinations required
by the students and for performing such other functions as may be
conferred on such Centre by the Board of Management;
(xxxi.) “Registrar” means Registrar of the University appointed under Section
17 of the Act;
(xxxii.) “Rules & Regulations” means the Rules & Regulations of the University;
(xxxiii.) “S ponsor” means CMJ Foundation;
(xxxiv.) “State” means the S tate of Meghalaya;
(xxxv.) “State Government” means the S tate Government of Meghalaya;
(xxxvi.) “St atutes” means the S tatutes of the University;
(xxxvii.) “S tudy centre” means a Centre est ablished and maint ained by the
University for the purpose of advising, counselling or for rendering any
other assistance required by the students used in the context of distance
education;
(xxxviii.) “Teacher” means a Professor , Associate Professor, Assistant Professor,
Lecturer or such other person as may be appointed for imparting education
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;
(xxxix.) ”UGC” means the University Grants Commission established under the
University Grants Commission Act, 1956;
(xl.) “University” means CMJ University , established under this Act;
(xli.) “Vice Chancellor” means Vice Chancellor of the University appointed
under Section 15 of the Act;
(xlii.) “Visitor” means the Visitor of the University as referred to in Section 13
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Chapter 2
The University and its Object
3. (1) The sponsor shall have the right to establish the University in accordance
with the provisions of this Act and the guidelines issued by the UGC.
(2) The sponsor shall make an application containing the proposal to establish
the university to the S tate Government.
(3) The proposal may contain the following particulars, namely:
(a) The object of the University along with the det ails of the S ponsor;
(b) The extent and status of the University and the availability of land;
(c) The nature and type of programmes of the 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 expertise in the concerned discipline at the command of the Sponsor
as well as the financial resources;
(I) 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 est ablishment of the University;
(n) Nature and types of its partnership and affiliations; and
(o) Such other conditions as may be required by the S tate Government to
be fulfilled before the est ablishment of the University .
4. (1) Where the S tate Government, after such inquiry as it may deem necessary ,
is satisfied that the sponsor has fulfilled the conditions, specified in Sub-
Section (2), of Section 3, it may direct the S ponsor, to est ablish an Endowment
Fund in accordance with the guidelines issued by the UGC.
Proposal for the
establishment of
the University
Establishment
of the University.
4
(2) After the est ablishment of the Endowment Fund, the S tate 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 headquarters of University shall be at Shillong and it may have campuses
or Regional Centres, S tudy Centres anywhere in India and abroad with prior
approval of the UGC, the respective S tate 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 5 years
after the Act comes into force the University may obt ain 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 V ice 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 S tate 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.
5. The University shall be self-financing and shall not make a demand to any grant-
in-aid or any other financial assist ance from the S tate Government or any other
body or Corporation owned or controlled by the S tate Government.
6. The University may have Constituent Colleges, Regional Centres, Campuses,
Off-campus Centres, Of f-shore campuses and S tudy Centres.
7. The objectives for which the University is established are as follows:
(a) To provide Instruction, Teaching, Training and Research in various
branches and specialized fields of Physical Sciences, Life Sciences,
Technology, Medical Science and Paramedical Management, Finance &
Accounting, Commerce, Humanities, Languages & Communication,
Applied and Performing Arts, Education, Law, Social Science and
related areas and subjects and to make provisions for research,
advancement and dissemination of knowledge therein.
(b) To establish a campus in the S tate of Meghalaya, and to have S tudy Centres,
campuses examination, Off-campus Centres, Off-shore campuses and
Regional Centres at different places in India and abroad;
(c) To provide continuing and dist ance education programmes;
(d) To institute degrees, diplomas, 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 or any other
organization, in India or abroad, to conceptualize, design and develop specific
educational and research programmes, training programmes and
exchange programmes for students, faculty members and others;
Objectives of the
University.
University not to be
entitled to financial
assistance.
Constituent
Colleges and
Affiliated Colleges.
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(f) To disseminate knowledge through seminars, conferences, executive
education programmes, community development programmes,
publications and training programmes;
(g) To undert ake programmes for the training and development of faculty
members & Teachers of the University and other Institutions of India and
abroad;
(h) To undertake collaborative research with any organization in India and
abroad; (i) To create higher levels of intellectual abilities;
(j) To provide consult ancy to industry , Government, public and private
organization;
(k) To create a Industry Academia partnership by inviting Industry in the
University campus and other university places for mutual benefits.
(I) To ensure that the standard of degrees, diplomas, certificates and other
academic distinctions are not lower than those laid down by AICTE/ NCTE/
UGC/ MCI/ DEC/ DCI/ INC/ BCI and Pharmacy Council of India;
(m) To do all things necessary or expedient to promote the above objectives;
and
(n) To pursue any other objective as may be prescribed by S tate Government
or Sponsor.
8. The University shall have the following powers, namely:
(a) To establish, maintain and recognize such Regional Centres, S tudy
Centres, Campuses, Off-campus Centres and Off-shore campuses
as may be determined by the University from time to time in the manner
laid down by the S tatutes;
(b) To confer degrees, diplomas, certificates or other academic distinctions
etc.
(c) To institute and award fellowship s, scholarships and prizes etc;
(d) To launch any academic & research programmes & courses, discipline
of education which deemed suitable for meeting the object clause
7 of the University .
(e) To determine, demand and receive fees, bills, invoices and collect charges
to fulfill the object of the University ,
(f) To make provisions for extra curricular activities for student s and employees;
(g) To appoint the faculties, teachers, officers and employees of the
University or a constituent college, affiliated colleges, Regional Centres,
Study Centres, campuses, est ablish, maintain and recognize such
Regional Centres, S tudy Centres and Campuses, Of f-campus Centres and
Off-shore campuses located in India and abroad;
(h) To receive donations and gifts of any kind and to acquire, hold, manage,
maintain, lease, mortgage 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 or a Off-campus
centre or a Of f-shore campus or a S tudy Centre;
(i) To create & manage the halls and places of residence for student s, officers,
Powers of the
University.
6
faculties, teachers and employees of the University or a constituent college
or other partners of the University at the main campus and other campuses
in India and abroad;
(j) To supervise and control the residential facilities, 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 st aff and other necessary
posts;
(I) To cooperate and collaborate with other Universities and Institutions in such
a manner and for such purposes as the University may determine from time
to time;
(m) To offer programmes on dist ance learning basis and continuing education
and the manner in which such programmes are offered by the University;
(n) To organize and conduct refresher courses, orient ation courses, workshop s,
seminars and other programmes for industry executives, teachers,
developers of courseware, evaluator and other academic staff;
(o) To determine st andards of admission to the University , constituent colleges,
affiliated colleges, Regional Centres, Off-campus Centre, Off-shore
campus, Study Centres with approval of Academic Council;
(p) To make special provision for student s belonging to the S tate of Meghalaya
for admission in any course of the University or in a constituent college,
affiliated college, Regional Centre, Off-campus centre, Off-shore campus
or Study Centre;
(q) To prescribe such courses for Bachelor Degree, Master ’s Degree, Doctor
of Philosophy, Doctor of Science Degrees and Research and such other
Degrees, Diplomas, Certificates etc.;
(r) To provide for the prep aration of instructional materials, including films,
cassettes, tapes, video cassettes, CD, VCD, DVD and other software;
(s) To recognize examinations or periods of study (whether in full or in p art) 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;
(t) To create Industry Academia partnership by inviting Industry in the University
campus and other university Centres for mutual benefits.
(u) To raise, collect, subscribe and borrow with the approval of the Board of
Governors whether on the security of the property of the University, money
for the purposes of the University;
(v) To enter into, carry out, vary or cancel contract s;
(w) To create, amend and cancel the rules and regulations to fulfill the object of
the University .
(x) To do all such other act s or things whether incident al to the powers aforesaid
or not, as may be necessary to further the object of the University;
(y) To carry out all such other activities as may be necessary or feasible in
furtherance of the object of the University;
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(z) To do all things necessary or expedient to exercise the above powers;
9. 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 require the University
from making special provisions for admission to student s of the S tate.
10. The University will seek accreditation from respective national and international
accreditation bodies.
11. (1) The Campuses of the University shall be at any place within the S tate of
Meghalaya with its Headquarters at Shillong and it may have campuses or
Regional Centres, Study Centres, Off-campus Centres, Off-shore campus
anywhere in India or abroad.
(2) The Chancellor, the V ice-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.
(3) The Board of Governors will decide the usage of land, building and other
properties acquired for the University , which is for the benefit s of the University .
Chapter 3
Officers of the University
12. The following shall be the officers of the 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 Act to be officers of the
University.
13. (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, Designations and Certificates.
(3) The Visitor shall have the following powers namely: -
a) To call for any p aper or information relating to the af fairs of the University
b) On the basis of the information received by the V isitor, if he is satisfied
that any order, proceeding or decision t aken 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 which will be binding to all concerned.
14. (1) The Sponsor shall appoint a person suit able to be appointed as the Chancellor
of the University subject to the approval of the V isitor.
Places of
campuses
University open to
all classes, castes,
creed religion,
language and
gender.
National and
International
Accreditation.
Officers of the
University.
The Visitor
The Chancellor
8
(2) The Chancellor so appointed shall hold the office for a period of five years,
which may be extended with a prior approval of the V isitor.
(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, Designations or Certificates.
(5) The Chancellor shall have the following powers, namely:
(a) To call for any information or record;
(b) To appoint the V ice-Chancellor;
(c) To remove the V ice-Chancellor;
(d) Such other powers as may be conferred on him by this Act made
thereunder.
15. (1) The Vice-Chancellor shall be appointed on such terms and conditions as
approved by the Board of Governors 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 t ake 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 t aken by the V ice-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, and 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 out side the powers conferred by this Act, or is likely to be
prejudicial to the interest of University , he shall request the concerned authority
to revise its decision within seven days from the date of his decision and
incase 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 shalf exercise such other powers and perform such other
duties as may be laid down by the Act and the Statutes.
The Vice-
Chancellor.
9
(7) The Vice-Chancellor shall preside at the Convocation of the University in
the absence of both, the V isitor and the Chancellor, for conferring
Degrees, Diplomas, Designations or Certificates.
(8) The Chancellor is empowered to remove the V ice-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.
16. 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.
17. (1) The appointment of the Registrar shall be made by the Board of Governors on
such terms and conditions as approved by the Board of Governors for a term
of four years.
(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 powers and perform such duties as may be
prescribed by S tatutes of the University .
(6) The Board of Governors is empowered to remove the Registrar after
due enquiry . It will be open to the Board of Governors to suspend the Registrar
during enquiry depending upon the seriousness of the charges, as he may
deem fit.
18. (1) The appointment of the Finance Officer shall be made by the Board of Governors
on such terms and conditions as approved by the Board of Governors for a
term of four years.
(2) The Finance Officer shall exercise such other powers and perform such
other duties as may be prescribed by the S tatutes of the University or may
be required from time to time by the Board of Governors.
(3) The Board of Governors is empowered to remove the Finance Officer after due
enquiry. It will be open to the Board of Governors to suspend the Finance
Officer during enquiry depending upon the seriousness of the charges, as he
may deem fit.
19. The manner of appointment, terms and conditions of service and powers and
duties of the other officers of the University shall be as authorized by the Board
of Governors.
Deans of Faculties
The Registrar
The Finance
Officer
Other Officers
10
Chapter 4
Authorities of the University
20. The following shall be the authorities of the University , namely:
(
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 Act or Statutes of the
University.
21. (1) The Board of Governors shall consist of the following members:
i) The Chancellor;
ii) The Vice-Chancellor;
iii) Three persons nominated by the S ponsor;
iv) One representative of the S tate Government;
v ) An educationist of repute to be nominated by the S tate Government;
vi) An educationist of repute to be nominated by the S ponsor;
(2) The Chancellor shall be the Chairman of the Board of Governors.
(3) In absence of Chancellor the Vice-Chancellor will be the Chairman of the
Board of Governors.
(4) The Registrar shall be an ex-officio Secretary of the Board of Governors.
(5) In absence of the Registrar , one existing member nominated by the
Board of Governor, will work temporarily as the Secret ary of the Board of
Governors.
(6) 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 S tatutory Auditors of the University;
(b) The terms and conditions of appointment of the V ice-Chancellor, the
Registrar and the Finance Officer and other officers and appoint / remove
the Registrar and the Finance Officer and other officers.
(c) To lay down policies to be pursued by the University;
(d) To approve the Rules and Regulations of the University created by Board
of Management
(e) To make new or additional S tatutes, Rules and Regulations or
amend or repeal the earlier S tatutes.
(f) To review decisions of the other authorities of the University if they are
not in conformity with the provisions of this Act, or the Rules and the
Statutes of the University;
(g) To approve the budget and annual report of the University;
The Board of
Governors and its
power
Authorities of the
University
11
(h) To approve proposals for submission to the S tate Government; and other
State Governments, Government of India or Government of other countries.
(i) To take such decisions and steps as are found desirable for ef fectively
carrying out the object of the University;
(j) To exercise all the powers of the University as vested in the Clause 8.
(k) To do all such other act s or things whether incident al to the powers
aforesaid or not, as may be necessary to further the object of the
University;
(I) To carry out all such other activities as may be necessary or feasible in
furtherance of the object of the University;
(m) To do all things necessary or expedient to exercise the above powers;
(n) To take decision about volunt ary winding up of the University;
(o) To approve additional power and modify the existing power of
(i) Board of Management
(ii) Academic Council
(iii) Finance Committee
(iv) Other Authorities
(v) Other Committees
(7) The Board of Governors shall meet at least twice in a calendar year at such
time and place as the Chancellor thinks fit.
22. (1) The Board of Management shall consist of:
(a) The Vice-Chancellor;
(b) The Registrar;
(c) Three persons, nominated by the S ponsor;
(d) Two Deans of the Faculties as nominated by the V ice Chancellor;
(e) One representative to be nominated by the S tate Government;
(f) One management represent ative to be nominated by the S ponsor
(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.
Provided in absence of the V ice-Chancellor, the management
representative nominated by the S ponsor will work temporarily as the Chairman
of the Board of Management:
Provided further in absence of the Registrar , one existing member
nominated by the Board of Management, will work temporarily as the
Secretary of the Board of Management.
(3) The Board of Management shall have the following powers, namely .
(a) To establish, maintain and recognize such Regional Centres, Campuses,
Study Centres and Off-campus Centres and Of f-shore campuses
subject to the approval from Board of Governors;
The Board of
Management
12
(b) To launch any academic and research programmes and courses, discipline
of education which deemed suitable for meeting the object of the University;
(c) To create and amend the Rules and Regulations of the University to fulfill
the objects of the University;
(d) To determine, demand and receive fees, bills, invoices and collect charges;
(e) To make provisions for extra curricular activities for student s and
employees;
(f) The operation of the endowment fund, the general fund and the development
fund;
(g) To appoint the faculties, teachers, of ficers and employees of the University
or a constituent college, af filiated colleges, Regional Centres, S tudy
Centres, campuses, establish, maintain and recognize such Regional
Centres, Study Centres and Campuses, Off-campus Centres and Off-
shore campuses located in India and abroad;
(h) To receive donations and gif ts of any kind and to acquire, hold, manage,
maintain, lease, mortgage 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, Off-campus
Centre, Of f-shore campus or a S tudy Centre;
(i) To create & manage the halls and places of residence for student s,
officers, faculties, teachers and employees of the University or a constituent
college or other partners of the University at the main campus and other
campuses in India and abroad;
(j) To supervise and control the residence, and to regulate 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 st aff and other necessary
posts;
(l) To co-operate and collaborate with other Universities and Institutions in
such a manner and for such purposes as the University may determine
from time to time;
(m) To offer programmes on dist ance learning basis and continuing education
and the manner in which such programmes are offered by the University;
(n) To organize and conduct refresher courses, orient ation courses,
workshops, seminars and other programmes for industry executives,
teachers, developers of courseware, evaluator and other academic staff;
(o) To determine st andards of admission to the University , constituent
colleges, affiliated colleges, Regional Centres, Off-campus Centres, Off-
shore campuses, S tudy Centres with approval of Academic Council;
(p) To make special provision for student s belonging to the S tate of Meghalaya
or other states for admission in any course of the University or in a
constituent college, affiliated college, Off-campus Centres, Off-shore
campuses, Regional Centre or S tudy Centre;
(q) To prescribe such courses for Bachelor Degree, Master ’s Degree, Doctor
of Philosophy , Doctor of Science Degrees and Research and such other
13
Degrees, Diplomas, Certificates etc.;
(r) To provide for the prep aration of instructional materials, including films,
cassettes, tapes, video cassettes, CD, VCD, DVD and other software;
(s) To recognize examinations or periods of study (whether in full or in p art)
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;
(t) To create an Industry Academia partnership by inviting Industry in the
University campus and other university Centres for mutual benefits;
(u) To raise, collect, subscribe and borrow with the approval of the Board of
Governors whether on the security of the property of the University, money
for the purposes of the University;
(v) To enter into, carry out, vary or cancel contract s;
(w) To do all such other act s or things as directed by the Board of Governors;
(x) To do all things necessary or expedient to exercise the above
powers.
23. (1) The Academic Council shall consist of, -
(a) The Vice-Chancellor as Chairman
(b) The Registrar as Secretary
(c) The Finance Officer
(d) Such other members as may be prescribed in the statutes (like Dean,
HOD, Professors).
(2) The Academic Council shall be the princip al academic body of the University
and shall, subject to the provisions of this Act, and the Rules & Regulations,
coordinate and exercise general supervision over the academic policies of
the University .
24. (1) The Finance Committee shall consist of, -
(a) The Vice-Chancellor as Chairman.
(b) The Registrar as Secret ary.
(c) The Finance Of ficer.
(d) One person, nominated by the S ponsor.
(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, Rules & S tatutes; coordinate and exercise general supervision over the
financial matters of the University .
25. The constitution, powers and functions of the other authorities of the University
shall be such as may be prescribed by the Act.
26. No act or proceeding of any authority of the University shall be invalid merely by
reason of the existence of any vacancy of post or defect in the constitution of the
authority.
The Academic
Council
The Finance
Committee
Proceedings not
invalidated on
account of
vacancy
Other Authorities
14
Chapter 5
Statutes and Rules
27. Subject to the provisions 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 mode of recruitment and the conditions of service of the other officers,
teachers and employees of the University;
(c) The procedure for resolving disputes between the University and its
officers, faculty members, employee and students;
(d) Creation, abolition or restructuring of departments and faculties;
(e) The manner of co-operation with other Universities or institutions of higher
learning;
(f) The procedure for conferment of honorary degrees;
(g) Provisions regarding grant of freeships and scholarships;
(h) Number of seats in different courses of studies and the. procedure of
admission of students to such courses;
(i) The fee chargeable from students for various courses of studies;
(j) Institution of fellowships, scholarships, studentships, freeships, medals
and prizes;
(k) Procedure for creation and abolition of posts;
(l) Other matters which may be prescribed.
28. (1) The first S tatutes framed by the Board of Governors shall be submitted to the
State Government for it s approval, which may , within three months from the
date of receipt of the S tatutes give it s approval with or without modifications.
(2) Where the State Government fails to take any decision with respect to the
approval of the S tatutes within the period specified under Sub-section (1) it
shall be deemed to have been approved by the S tate Government.
29. (1) The Statutes as stated in the Act may be amended or new S tatutes may be
added by the Board of Management which needs to be approved by the Board
of Governors.
(2) The Board of Governors shall submit the new and amended S tatutes to the
State Government for it s approval, which may , within three months from the
date of receipt of the S tatutes give it s approval with or without modifications.
(3) Where the State Government fails to take any decision with respect to the
approval of the S tatutes within the period specified under Sub-section (1), it
shall be deemed to have been approved by the S tate Government.
30. Subject to the provisions to this Act, the Rules may provide for all or any of the
following matters, namely:
(a) Admission of students to the University and their enrollment and
continuance as such;
Statutes
Statutes how
made
Power to amend
the Statutes
Rules
15
(b) The courses of study to be laid down for all Degrees, Diplomas, Certificates
and other academic distinctions of the University;
(c) The award of Degrees, Diplomas, 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,
medals and prizes;
(g) The conduct of examinations 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 and other academic distinctions of the University;
(i) Revision of fees;
(j) Alteration of number of seats in different courses and programmes;
(k) The conditions of residence of the students at the University or a constituent
college or affiliated college;
(I) Maintenance of discipline among the students of the University or a
constituent college or affiliated college;
(m) All other matters as may be provided under the Act.
31. (1) The Rules shall be made by the Board of Governors and the Rules so made
shall be submitted to the S tate Government for it s 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 S tate Government.
32. The Board of Governors may make new or additional Rules or amend or
repeal the Rules.
Chapter 6
Miscellaneous
33. (1) Every employee shall be appointed under a written contract, which shall
be kept in the University 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 S tatutes.
34. Every employee or student of the University or of a constituent college, shall
notwithstanding anything contained in the Act, have a right to appeal within
such time as may be prescribed, to the Board of Management against the
decision of any other 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.
Rules how made
Power to amend
Rules
Conditions of
service of
employees
Right to appeal
16
35. 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.
36. 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.
37. Any authority of the University mentioned in Section 18 will 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.
38. 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 he/she fills would have
been a member .
39. 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, or the Rules &
Regulations.
40. Notwithstanding anything cont ained in any other provisions of this Act:
(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;
(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;
41. (1) The University shall establish an Endowment Fund of at least Rupees Two
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 circumst ances 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.
42. (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;
Provident fund and
pension
Disputes as to
constitution of
University
authorities and
bodies
Constitution of
Committees
Filling of casual
vacancies
Protection of
action taken in
good faith
Transitional
provisions
Endowment Fund
General Fund
17
(b) All sums received from any other source(s);
(c) All contributions made by the S ponsor;
(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 following
payments, -
(a) The repayment of debts including interest charges thereto incurred by
the University for the purposes of this Act and the S tatutes made
thereunder;
(b) The upkeep of the assets of the University;
(c) The payment of the cost of audit of the fund created under Section 46;
(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 the employees
of the University , members of the teaching and research st aff, and
payment of Excerpt shown. Open the full act in Lexace.