LexThe Mahatma Gandhi University Act, 2010 (Act No. 6 of 2011)
Meghalaya · state statute
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The 4
th January, 2011.
No.LL(B).138/2010/41.–The Mahatma Gandhi University Act, 2010 (Act No. 6 of 2011) is
hereby published for general information.
MEGHALAYA ACT NO. 6 OF 2011
(As passed by the Meghalaya Legislative Assembly)
Received the assent of the Governor on 30th December, 2010.
Published in the Gazette of Meghalaya Extra-Ordinary issue dated 4th January, 2011.
MAHATMA GANDHI UNIVERSITY ACT, 2010
An
Act
to establish and incorporate a University in the State, with emphasis on providing high
quality and industry relevant education in the areas of Engineering, Physical Sciences,
Life Sciences, Technology, Medical Science and Paramedical, Management, Technical,
Finance & Accounting, Commerce, Humanities, Languages & Communication. Applied
and Performing Arts, Education, Law, Soci al Science and related areas sponsored by
Layman Education Society through regular an d distance education mode and to provide
for matters connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Meghalaya in the Sixty-first Year of
the Republic of India as follows:
CHAPTER 1
PRELIMINARY
Short title and
commencement.
(1) This Act may be called Mahatma Gandhi University Act, 2010.
(2) It shall come into force on such date as the State Government
may, by notification appoint.
Definitions. 1. In this Act, unless the context otherwise indicates:
(i) “Academic Council” means the Academic Council of the
University;
(ii) “Act” means the Mahatma Gandhi University Act, 2010;
(iii) “AICTE” means the All India Council for Technical
Education established under Section 3 of the All India
Council for Technical Education Act, 1987;
(iv) “Annual Report” means the annual report of the
university as prepared in Section 44 of the Act;
(v) “BCI” means the Bar Council of India;
(vi) “Board of Governors” means the board of governors of
the University as referred to in section 20 of the Act;
(vii) “Board of Management” means the Board of
Management of the University constituted in Section 21
of the Act;
(viii) “Layman Educational Society” means Layman
Educational Society, a society registered under the
“Societies Act”. It bears a registration number of S.
36104 dated 2
nd December 1999;
(ix) “Chancellor” means Chancellor of the University
appointed under Section 13 of the Act;
(x) “Constituent College” means a college or an Institution
established and maintained by the university;
(xi) “DCI” means the Dental Council of India;
(xii) “DEC” means the Distance Education Council;
(xiii) “Development Fund” means the Development Fund of
the University established under Section 42 of the Act;
(xiv) “Distance Education System” means the system of
imparting education through all mode of education such
as 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, through any mode of technology assisted
learning for academics, research and training in any
field under blended learning pattern etc.;
(xv) “Endowment Fund” means Endowment Fund of the
university established under Section 40 of the act;
(xvi) “Employee” means employee appointed by the
university and includes teachers and other staff of the
university or of a constituent college;
(xvii) “Faculty” means Faculty of the University;
(xviii) “Finance Officer” means Finance Officer of the university
appointed under Section 17 of the Act;
(xix) “General Fund “means General fund of the University as
referred to in Section 41 of the Act;
(xx) “INC” means Indian Nursing Council;
(xxi) “prescribed” means prescribed by the rules, regulations
or statutes under the Act;
(xxii) “MCI” means the Medical Council of India;
(xxiii) “NCTE” means the National Council for Teacher
Education;
(xxiv) “Off-campus Centre” means a centre of the private
university established by it outside the main campus
(within or outside the state) operated and maintained as
its constituent unit, having the university’s compliment
of facilities, faculty and staff;
(xxv) “Official Gazette” means the Gazette of Meghalaya;
(xxvi) “Off-Shore Campus” means a campus of the private
university established by it outside the country,
operated and maintained as its constituent unit, having
the university’s compliment of facilities, faculty and
staff;
(xxvii) “PCI” means the Pharmacy Council if India;
(xxviii) “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;
(xxix) “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 assistance 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;
(xxx) “Registrar” means Registrar of the University appointed
under Section 16 of the Act;
(xxxi) “Rules & Regulations” means the Rules & Regulations of
the University;
(xxxii) “Sponsor” means Layman Education Society;
(xxxiii) “State” means the State of Meghalaya;
(xxxiv) “State Government” means the State Government of
Meghalaya;
(xxxv) “Statutes” means the Statutes of the University;
(xxxvi) “Study Centre” means a centre established and
maintained by the university for the purpose of advising,
counseling or for rendering any other assistance
required by the students used in the context of distance
education;
(xxxvii) “Teacher” means a Professor, Associate Professor,
Assistant Professor, and 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;
(xxxviii) “UGC” means the University Grant Commission
established under the University Grants Commission
Act, 1956;
(xxxix) “University” means Mahatma Gandhi University
established under this Act;
(xl) “Vice Chancellor” means Vice Chancellor of the
University appointed under Section 14 of the Act;
and
(xli) “Visitor” means the visitor of the university as referred
to in Section 12.
CHAPTER 2
THE UNIVERSITY AND ITS OBJECTIVE
Proposal for the
establishment of
the University.
3. (1) The sponsor shall have the right to establish the University in
accordance with the provisions of this act and the guidelines the
issued by the UGC.
(2) The sponsor shall make an application containing the proposal
to establish the university to the State Government.
(3) The proposal may contain the following particulars, namely:
(a) The object of the University along with the details of the
Sponsor;
(b) The extent and status of the University and the
availability of the 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 facilities, 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 the 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;
(l) The system for selection of students to the courses of
study at the University;
(m) Status of fulfillment of such other conditions as may
be required by the State Government to be fulfilled
before the establishment of the University;
(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
the University.
4. (1) Where the State 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
sponsor, to establish an Endowment Fund in 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 Un iversity in accordance with the
guidelines issued by the UGC.
(3) The Campus of University shall be at Tura, Meghalaya and it
may have another campus at Khanapara or any other place in
Meghalaya and Regional Centres, Study Centres anywhere in India
and abroad:
Provided approval of Distance Education Council is obtained.
(4) University shall run the courses in online, offline and any other
means/mode for providing education with the approval of board of
management.
(5) University shall conduct the examination in online & offline both
the modes.
(6) 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 as body corporate and can sue and be
sued in the name of the University.
(7) 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.
(8) 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
entitled to
financial
assistance.
5. The University shall be self-financing and shall not make a demand
to any grant-in-aid or any other financial assistance from the State
Government or any other body or corporation owned or controlled by
the State Government.
Objectives of the
University.
6. 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 Vocational
Education, Skill Development, Engineering, Physical
Sciences, Life Sciences, Technology, Medical Science and
Paramedical Management, Technical, 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 State of Meghalaya, and to
have study centers campuses examination, off-campus
centres, off-shore campuses and Regional centres at
different places in India and abroad;
(c) to provide continuing and distance education
programmes in India & Abroad through offline, online,
correspondence and all modes of education (Learning
Management System (LMS)/Computer Based Tutorials
(CBT) etc.). Study centres shall be open to run distance
education program in India and Abroad, through any
mode of technology assisted learning for academics,
research and training in any field under blended learning
pattern etc.;
(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;
(f) to disseminate knowledge through seminars,
conferences, executive education programmes,
community development prog rammes, publications and
training programmes;
(g) to undertake 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 consultancy to industry, Government, public
and private organization;
(k) to create an Industry Academia partnership by inviting
Industry in the University campus and other university
places for mutual benefits;
(l) 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 conduct examination in both ways through offline as
well as online mode in India and Abroad for regular
campus and distance education program;
(n) to do all things necessary or expedient to promote the
above objectives;
(o) to impart instructions in record to a course or
programme of study through one or more modes which
may include distance, continuing and regular modes of
teaching and learning;
(p) to pursue any other objective as may be prescribed by
State Government or Sponsor; and
(q) Board of Governor will have the power to launch any new
courses or technology which in demand or suitable as per
the requirement. They may also do any kind of activity for
upliftment of society.
Powers of the
University.
7. The University shall have the following powers, namely, -
(a) to establish, maintain and recognize such Regional
Centres, Study 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 Statutes;
(b) to confer degrees, diplomas, certificates or other
academic distinctions;
(c) to institute and award fellowships, scholarships and
prizes;
(d) to launch any academic & research programmes &
courses, discipline of education which deemed suitable
for meeting the objective at 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
students 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, 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 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 Off-shore
campus or a Study Centre;
(i) to create & manage the halls and places of residence
for students, 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 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 staff
and other necessary posts;
(l) 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 distance learning basis and
continuing education and the manner in which such
programmes are ordered by the University;
(n) To organize and conduct refresher courses, orientation
courses, workshops, seminars and other programmes
for industry executives, teachers, developers of
courseware, evaluator and other academic staff;
(o) To determine standards 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 students belonging to the
State of Meghalaya for admission in any course of the
University or in a constituen t college, affiliated college,
Regional Centre, Off-campus center, Off-shore campus
or Study center;
(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 preparation 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 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;
(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
purpose of the University;
(v) To enter into carry out vary or cancel contracts;
(w) To create amend and cancel the rules and regulations
to fulfill the objective of the university;
(x) To do all such other acts or things whether incidental
to the powers aforesaid or not, as may be necessary to
further the objective of the University;
(y) To carry out all such other activities as may be necessary
or feasible in furtherance of the objective of the
University;
(z) To do all things necessary or expedient to exercise the
above powers; and
(zz) The University shall have powers to get into
collaborations and agreements of articulation and
progression with reputed universities and institutions in
India and abroad:
Provided that the University does not affiliate colleges or
institutions which are not owned and managed by the University
and established by other institution and University.
University open to all
classes, castes, creed,
religion, language and
gender.
8.The U niversity shall be opened 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
students of the state.
National and
International
Accreditation.
9. The University will seek accreditation from respective national
and international accreditation bodies.
Campuses. 10. [1) The campuses of the university shall be at any place
within the state of Meghalaya 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 Vice- Chancellor, members of the
board of governors member 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 benefits of the university.
CHAPTER 3
OFFICERS OF THE UNIVERSITY
Officers of the
University.
11. 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
or Statute to be officers of the University.
The Visitor of the
University.
12. (1) 1(*)The Government of Meghalaya shall be the Visitor of
the University
1Subs by Amendment Act No.11 of 2013 sec.3 Earlier the words read as “The visitor of the University shall be notified by the
sponsor in consultation with the State Government.”
.
(2) The visitor shall, when present, preside at the convocation of
the University conferring degrees, diplomas, designations and
certificates.
(3) The visitor shall have the following powers, namely, -
(a) to call for any paper or information relating to the affairs
or the University;
(b) on the basis of the information received by the visitor if
he is satisfied that any or der proceeding or decision
taken by any authority of the University is not in
conformity with the Act, Regulations or Rules, he may
issue such directions as he may deem fit in the interest
of the University which will be binding to all concerned.
The Chancellor
of the
University.
13.(1) The Sponsor shall appoint a person suitable to be appointed as
the Chancellor of the University subject to the approval of the Visitor.
(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 visitor.
(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,
designation or certificates.
(4) 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 and Statute made here under.
The Vice-
Chancellor of
the University.
14. (1) The Vice-Chancellor shall be appointed on such term 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 governor and
shall hold office for a term of four years:
Provided that after expirati on 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 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 authorites of the university.
(4) If in the opinion of the vice chancellor it is necessary to take
immediate action on any matter fo r 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.
(5) If in the opinion of vice ch ancellor any decision of any authority
of the university is outside 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 the decision, then such matter shall be referred to the
chancellor and his decision thereon shall be final
(6) The vice chancellor shall exercise other powers and perform
such other duties as may be laid down by the Act and the Statutes.
(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 or certificates.
(8) The Chancellor is empowered to remove the Vice-Chancellor
after due enquiry. It will be opened 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 performs such
duties as may be prescribed by Statutes.
The Registrar. 16. (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, 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 performs such
duties as may be prescribed by Statutes of the University.
(6) The Board of Governors is empowered to remove the Registrar
after due enquiry. It will be open ed to the Board of Governors to
suspend the Registrar during enquiry depending upon the
seriousness of the charges, as he may deem fit.
Appointment of
Finance Officer.
17. (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 terms of four years.
(2) The Finance Officer shall exercise such other powers and
perform such other duties as may be prescribed by the Statutes 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.
Other Officers. 18. The manner of appointment, terms and conditions of service and
powers and duties of the other officers of the University shall be as
authorised by the Board of Governors.
AUTHORITIES OF UNIVERSITY
Authorities of
the University.
19.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.
The Board of
Governors and
its powers.
20. (1) The Board of Governors shall consist of the following,
members, -
(I) the Chancellor;
(II) the Vice-Chancellor;
(III) three persons nominated by the Sponsor;
(IV) one representative of the State Government;
(V) an educationist of repute to be nominated by the State
Government;
(VI) an educationist of repute to be nominated by the
Sponsor;
(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 Secretary 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 Statutory Auditors of the University;
(b) the terms and conditions of appointment of the Vice-
Chancellor, the Registrar and the Finance officer and
other officers and appoint/remove the Registrar and the
CHAPTER 4
Finance Officer and other officers;
(c) to lay down policies to be pursued by the University;
(d) to approve the Rules and Regu lations of the University
created by Board of Management;
(e) to make new or additional Statutes, Rules and
Regulations or amend or repeal the earlier Statutes;
(f) to review decisions of the other authorities of the
University if they are no t 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;
(h) to approve proposals for submission to the State
Government; and other State Governments,
Governments of India or Government of other countries;
(i) to take such decisions and steps as are found desirable
for effectively carrying out the object of University;
(j) to exercise all the powers of the University as vested in
Section 8;
(k) to do all such other acts or things whether incidental to
t h e p o w e r s a f o r e s a i d o r n o t , a s m a y b e n e c e s s a r y t o
further the object of the University;
(l) 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 voluntary 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; and
(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.
Board of
Management.
21. (1) The Board of Management shall consist of –
(a) the Vice-Chancellor,
(b) the Registrar;
(c) three persons, nominated by the Sponsor;
(d) two Deans of the Faculties as nominated by the Vice
Chancellor;
(e) one representative to be nominated by the State
Government; and
(f) one management representative 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:
Provided in absence of the Vice-Chancellor, the management
representative nominated by the Sponsor will work temporarily as the
Chairman of the Board of Management.
(3) The Board of Management shall have the following powers,
namely, -
(a) to establish, maintain and recognize such Regional
Canters and Off-shore campuses subject to the approval
from Board of Governors;
(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
students and employees;
(f) the operation of the endowment fund, the general fund
and the development fund;
(g) to appoint the faculties, teachers, officers and employees
of the University or a consultant college, regional
Centres, Study Centres, campuses, establish, maintain
and recognize such Regional Centres. Study Centres and
Campuses, Off-Campuse Centres and Offshore
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 of the purpose of the University or
a consultant college, or a Regional Centre, Off-campus
Centre, Off-shore campus or a Study Centre;
(i) to create & manage the halls and places of residence for
students. 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 staff 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 distance learning basis and
continuing education and manner in which such
programmes are offered by the University;
(n) to organize and conduct refresher courses, orientation
courses, workshops, seminars and other programmes for
industry executives, teachers, developers of courseware,
evaluator and other academic staff;
(o) to determine standards of admission to the University,
constituent colleges, Regional Centres, Off-campuses
Centres, Off-shore Campuses, Study Centres with
approval of Academic Council;
(p) to make special provision for students belonging to the
State of Meghalaya or other states for admission in any
course of University or in a constituent college, Off-
campus Centres, Off-shore Campuses, Regional Centre
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 preparation 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 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;
(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 contracts;
(w) To do all such other acts or things as directed by the
Board of Governors; and
(x) to do all things necessary or expedient to exercise the
above powers.
The Academic
Council
22.(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, and Professors).
(2) The Academic Council shall be the principal 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.
The Finance
committee.
23. (1) The Finance Committee shall consist of:-
(a) the Vice-Chancellor as Chairman;
(b) the Registrar as Secretary;
(c) the Finance Officer;
(d) one person, nominated by the Sponsor.
(2) The Finance Committee shall be the principal financial body of
the University to take care of fina ncial matters and shall, subject to
the provisions of this Act, Rules & Statutes; coordinate 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 by the Act.
Proceedings not
invalidated on
account
vacancy.
25. No act of proceeding of any authorities 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.
CHAPTER 5
STATUTES AND RULES
Statues. 26. 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, power and function 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 the
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 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 the students to such
courses;
(i) the fee chargeable from the students for various
courses of studies;
(j) institution of fellowships, scholarships, studentships,
freeships, medals and prizes;
(k) procedure for creation and abolition of posts; and
(l) 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.
Powers to amend
the Statutes.
28. (1) The Statutes as stated in the Act may be amended or new
Statutes 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
Statutes 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.
(3) Where the State Government fails to take any decision with
respect to the approval of the St atutes within the period specified
under sub-section (1), it shall be deemed to have been approved by
the State Government.
Rules. 29. 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;
(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;
(l) maintenance of discipline among the students of the
University or a constituent college; and
(m) all other matters as may be provided under the Act.
Rules how made. 30. (1) The Rules shall be made by the Board of Governors and 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 Rule s within the period specified under
sub-section (1), it shall be deemed to have been approved by the State
Government.
Power to amend
Rules.
31.The Board of Governors may make new or additional Rules or
amend or repeal the Rules.
CHAPTER 6
MISCELLANEOUS
Conditions of
service of
employees.
32. (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 the 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 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.
Provident fund
and pension.
34.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.
Disputes as to
constitution of
University
authorities and
bodies.
35. 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.
Constitution of
committees.
36. Any authority of the University mentioned in Section 19 will be
empowered to constitute a committee of such authority, consisting of
such members as such authority may deem fit, having such powers
as the authority may deem fit.
Filling of causal
vacancies.
37. 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 or she fills would have been a member.
Protection of
action taken in
good faith.
38. 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 is intended to be done.
Transitional
provisions.
39. Notwithstanding anything contai ned 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 Governors shal l 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 ye
ars;
Endowment
Fund.
40. (1) The University shall establish an Endowment Fund of at least
Rupees two crore and paid in one installment.
(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
monies be transferred from the Endowment Fund for other purpose.
(4) Not exceeding 75% of the incomes received from the Endowment
Fund shalExcerpt shown. Open the full act in Lexace.