LexThe University of Technology and Management Act, 2010 (Act No. 3 of 2011)
Meghalaya · state statute
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The 4th January, 2011.
No. LL(B)47/2010/19.– The University of Technology and Management Act, 2010 (Act
No. 3 of 2011) is hereby published for general information.
MEGHALAYA ACT NO. 3 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.
UNIVERSITY OF TECHNOLOGY AND MANAGEMENT ACT, 2010
An
Act
to establish and incorporate a University in the name of 1 (*) Maharashtra Institute of
Technology University, of Meghalaya with facilities for education, training and
research in the areas of applied sciences, technology, management, medicine, fashion
& design, law and other related studies sponsored by 2
Short title and
commencement.
(*) Maharashtra Academy of
Engineering and Educational Research (MAEER), Pune, Registered under the Bombay
Public Trusts Act 1950 and Societies Registration Act,1860 and to provide for matters
connected therewith or incidental thereto.
Be it enacted by the Legis lative of the State of Meghalaya in the Sixty -first Year
of the Republic of India as follows: -
1. (1) This Act may be called the University of Technology
and Management Act, 2010.
1 Subs by Act No. 4 of 2018 Sec.2 Earlier the words read as “University of Technology and Management”.
2 Substituted by Act No.4 Sec 3 of 2017 In the Preamble of the Principal Act ,Earlier the words reads as
“Hydrocarbons Education & Research Society (HERS), registered under Societies Registration Act 1860 at New Delhi.
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(2) It shall come into force on such date as the State Government
may, by notification, appoint.
Definitions. 2. In this Act, unless the context otherwise required:-
(a) “Academic Council” mean s the Academic Council of the
University;
(b) “Act” means the University of Technology and Management
Act, 2010;
(c) “BCI” means the Bar Council of India;
(d) “Board of Governors” means the Board of Governors of the
University;
(e) “Career Academy Centre” means a centre established,
maintained or recognized by the University for the purpose
of receiving telecast, e-mail, in ternet, interactive talk back,
conducting training, organi ze lectures, seminars and
workshops, advising, counseling or rendering any other
assistance required by the students;
(f) “Chancellor” means Chancellor of the University;
(g) “Constituent Institute” means a School or an institute,
regional center, study center, off-campus center, career
academy center established by the University;
(h) “Council for Technical Education” means the All India
Council for Technical Education established under section
(3) of the All India Council for Technical Education Act,
1987;
(i) “Dean” means the Dean of a Faculty of the University;
(j) “Director” in relation to a constituent school/department,
means the head of the constituent school/department, and
includes, where there is no Dean, the senior most
professor or any other person for the time being appointed
to act as Dean;
(k) “Distance Education System” means the system of
imparting education through any means of information
technology and communication such as broadcasting,
telecasting, correspondence course, seminar, contact
program or a combination of any two or more such means;
(l) “Employee” means employee appointed by the University
and includes teachers, administrative and other support
staff of the University or a constituent
school/department/institute maintained by the University;
(m) “Faculty” means faculty of the University;
(n) “Finance Committee” means the Finance Committee of the
University;
(o) “Government” means the Government of Meghalaya;
(p) “Hall” means a unit of residence for students maintained
or recognized by the University or a constituent
school/department;
(q) “MCI” means the Medical Council of India;
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1Substituted by Act No.4 of 2017 Section 2 (v) Earlier the words reads as “ Hydrocarbons Education & Research
Society registered under Societies Registration Act 1860 having its registered office of PHDCC,PHE House III Floor,
4/2 Siri Institutional Area August Kranti Marg, New Delhi 110016”.
2 Subs by Act No.4 of 2018 sec.3 Earlier the words read as “University of Technology and Management”
(r) “Off-Campus Centre” means a centre of the University established by it
outside the territory of its main campus but within the State of Meghalaya
operated and maintained as its constituent unit, having the University’s
complement of facilities and staff;
(s) “prescribed” means prescribed by the Statutes;
(t) “Registrar” means the Registrar of the University;
(u) “Regional Centre” means a centre established or maintained by the
University for the purpose of coordination and supervising the work of
Study Centres within the State and for performing such other functions
as may be conferred on such centre by the Board of Management;
(v) “Sponsor” means
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(w) “State” means the State of Meghalaya;
(*) Maharashtra Academy of Engineering and
Educational Research ( MAEER), Pune, Registered und er the Bombay
Public Trusts Act 1950 and Societies Registration Act, 1860, having its
registered Office at Sl.No.124, Kothrud, Pune 411038.
(x) “Statutes” and “Rules” mean, respectively, the Statutes and Rules of the
University;
(y) “Study Centre” means a centre established, maintained or recognized by
the University for the purpose of advising counseling or for rendering
any other assistance required by the students;
(z) “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
and includes the Principal of Constituent School;
(aa) “UGC” means University Grants Commission established under University
Grants Commission Act, 1956;
(bb) “University” means
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(*) Maharashtra Institute of Technology University, of
Meghalaya established under this Act; and
(cc) “Visitor” means the Visitor of the University.
Objectives of the
University.
3. (1) The objectives for which the University is established are as
follows:-
(a) to have provision for extensive study, teaching and research in all
elements of Applied Science, Technology Management, Medicine, Fashion
& Design, Law and related areas and subjects and to make provisions for
research advancement and dissemination of knowledge therein;
(b) to establish constituent schools / departments such as School of Media &
Communication (SMC), School of Applied Sciences (SoAS), School of
Medicine (SoM), School of Retail & Fashion Studies (SRFS), School of
Fashion & Design (SoFD), School of Travel & Tourism (SoTT), School of
Legal Studies (SLS) and School of Technology (SoT) and allied sectors, and
to offer diploma, under graduate and postgraduate courses which would
be as nomenclated by UGC.
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The University shall have the right to start other diploma
and certificate courses in furtherance of its objectives;
(c) to establish the following faculties:
(i) Faculty of Management;
(ii) Faculty of Fashion & Design
(iii) Faculty of Applied Science
(iv) Faculty of Medicine
(v) Faculty of Engineering & Technology
(vi) Faculty of Law
(d) to establish campus in the Stat e and to establish, maintain
and recognize study centers, examination centers, off-
campus centers, and regional centers within the State
subject to applicable rules and regulations;
(e) to establish a constituent Centre for Continuing Education
to provide instructions th rough distance learning
methodology for the courses mentioned in (b) above;
(f) to collaborate with other colleges or universities, research
institutions, industry as sociations, professional
associations or any other organization, in India or abroad,
to conceptualize, design an d develop specific educational
and research programs, training programs and exchange
programs for students, faculty members and others;
(g) to create a Industry Academia partnership by inviting
Industry in the University campus and other University
places for mutual benefits;
(h) to do all things necessary or expedient to promote the above
objectives;
(i) to pursue any other objective as may be prescribed by State
Government or the Sponsor.
(2) To establish a Center to promote research and innovations in
the Management & Technology Sectors and thereby -
(a) to provide for instructions and training in such related
branches of learning as it may deem fit;
(b) to provide for research for the advancement of and
dissemination of knowledge in the sector;
(c) to undertake other such activities leading to advance
technology and management
Power and
functions of the
University.
4. The University shall have the following powers, namely, -
(1) to make provisions and adopt all measures (including
adoption and updating of the curricula) in respect of study,
teaching and research, relating to courses through
traditional as well as new innovative modes including on-
line education mode for meeting the object as mentioned in
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Section 3 of the Act;
(2) to institute and confer degrees, diplomas, certificates,
awards, grades, credits and academic distinctions;
(3) to institute and award fe llowships, scholarships,
studentships as may be specified;
(4) to conduct and hold examinations;
(5) to provide for the degrees, diplomas, certificates equivalent
or corresponding to the degrees, diplomas, certificates of
other recognized Universities, Boards or Councils;
(6) to institute and confer honorary degrees as may be
prescribed;
(7) to set up schools, institutions, off- campus centres, and
study centres as per the instructions issued by the State
Government, Central Government and University Grant
Commission from time to time;
(8) to make provisions for the advancement of education in
Applied Science, Technology, Management, Medicine,
Fashion & Design, Law and other areas mentioned in
Section 3 of the Act;
(9) to prescribe fee structure for various courses from time to
time and to demand and receive such fees, bills, invoices
and collect charges as may be fixed by the Statutes or
Rules, as the case may be;
(10) to make provisions for extr a curricular activities for students
and employees;
(11) to create academic, admini strative, support staff and
other necessary posts;
(12) to make appointments of teachers, officers and employees
of the University or a Constituent Institute, Regional
Centre, Study Centre, off-ca mpus and Career Academy
Centre;
(13) to receive donations and gifts of any kind and to acquire,
hold, manage, maintain and dispose of any movable or
immovable property, including trust and endowment
properties within or outside Meghalaya for the purpose of
the University or a Constituent Institute, Regional Centre,
Study Centre or Career Academy Centre and to invests
funds in such manner with the prior permission of the
Governing Body.
(14) to institute and maintain halls and to recognize places of
residence for students, faculties, teachers and employees
of the University or in a Constituent School;
(15) to supervise and control the residence, and to regulate
and 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;
(16) to co-operate or collaborate with other Universities in such
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manner and for such purposes as the University may
determine from time to time;
(17) to organize and conduct refresher courses, orientation
courses, workshops, seminars and other programs for
teachers, lesson writers, evaluators and other academic
programmes of the University may be organized;
(18) to determine standards of admission to the University,
Constituent Schools, Departments, Institutes, Regional
Centers, Study Centers, Off-Campus/Off-shore
campus(es), Career Academ y Centers and affiliated
colleges through specialized committees with the approval
of Academic Council;
(19) to make special provision fo r domiciled students of the
State of Meghalaya for admission in any course of the
University or its Constituent Institutions;
(20) to prescribe such courses for Bachelor, Post Graduate and
Research Degrees and to start diplomas, in Applied
Sciences, Medicine, Technology, Management, Fashion &
Design, Law and related subjects;
(21) to clearly set apart academic activities of the University
from the activities of the Sponsor;
(22) to provide distance education system and the manner in
which distance education in relations to the academic
programmes of the University may be organized;
(23) to provide for the preparation of instructional materials,
including films, cassettes, tapes, CD, VCD and other
softwares;
(24) to recognize examinations of, or periods of study (whether
in full or in part) at, other universities, institutions or
other places of higher learning as equivalent to
examinations or periods of st udy in the university and to
withdraw such recognition at any time;
(25) to provide for dual degrees, diplomas or certificates vis-à-
vis other Universities on re ciprocal basis within and
outside the country as per instructions of the State
Government, Government of India and University Grant
Commission;
(26) to raise, collect, subscribe and borrow with the approval of
the Governing Body whether on the security of the
University, money for the purpose of the University;
(27) to enter into, carry out, vary or cancel contracts;
(28) to make such provisions for integrated courses in different
disciplines in the educational programmes of the
University;
(29) to determine salaries, remunerations, honoraria to
teachers and employees of the University in accordance
with the norms specified by University Grants
Commission and other regulatory bodies;
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(30) to co-operate with an other University in and outside the
country, authority or any public or private body having in
view the promotion of purposes and objects similar to
those of the University for such purposes as may be
agreed upon on such terms and conditions as may from
time to time be specified;
(31) to create, amend and cancel the Rules and Regulations,
Statutes and ordinances for carrying out the objects of the
University in accordance with the provisions of the Act;
(32) to do all such things as may be necessary, incidental or
conducive to the attainment of all or any of the objects of
the University.
(33) to provide consultancy services; and
(34) 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
and gender.
5. The University shall be opened to all persons irrespective of caste,
class, creed or gender:
Provided that nothing in this section shall be deemed to require
the University from making special provisions for admission of
domiciled students of the State.
University not
to be entitled to
financial
assistance.
6. The University shall be self-financing and shall neither make a
demand nor shall be entitled to any grant in-aid or any other financial
assistance from the Central Government or State Government or any
other body or corporation owned or controlled by the Central or State
Government:
Provided further that nothing in this section will prevent the
University for creation of Endowments for research and development
from PSUs owned by the Central Government and other Central
Research Bodies.
Constituent
Institutes.
7. The University may have Constituent Institutes, Regional Centers,
Campus(es), Off-Campus Centers, and Study Centers within the State.
National &
International
Accreditation.
8. The University will seek accreditation from respective national and
international accreditation bodies.
Campus of the
University.
9. (1) The Campus of the University shall be at any place within the
State of Meghalaya with its Headquarters at Shillong and it may have
Regional Centers, Study Centers, Off-campus centers at other
locations within the State.
(2) 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.
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(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.
Officers of the
University.
10. The following shall be the officers of the University –
(a) the Chancellor;
(b) the Vice Chancellor;
(c) the Pro Vice Chancellor;
(d) the Deans of Faculties;
(e) the Directors of Schools;
(f) the Registrar;
(g) the Finance Officer; and
(h) such other officers as may be declared by the Statutes to be officers of
the University.
The Visitor. 11. (1) 1
(a) to call any paper or information relating to the affairs of the
University.
The Governor of Meghalaya shall be the visitor of the University (*).
(2) The Visitor shall, when present, preside at the convocation of the
University for conferring degrees and diplomas.
(3) The Visitor shall, have the following powers, namely:-
(b) On the basis of the information received by the Visitor, if he is
satisfied that any order, proceeding, or decision taken by any
authority of the University is not in conformity with the Act,
Statutes 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.
(4) Every proposal for the conferment of an honorary degree or
distinction shall be subject to the approval of the Visitor.
(5) The Visitor while exercising the power under this Act, shall consult
the State Government in any m atter involving interest of the State
Government.
The Chancellor 12.
.
(1) The Ch ancellor shall be appointed by the Sponsor for a period of
five years with prior concurrence of the Visitor in such manner and on
such terms and conditions as may be specified by the Statutes: Provided
that after expiration of the term of five years, the C
hancellor shall be
eligible for re-appointment.
(2) The Sponsor will have the right to discontinue the services of the
Chancellor before the expiration of the full-term.
(3) 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 fo r conferring Degrees, Diplomas,
Designations or Certificates.
(4) The Chancellor is empowered to remove the Vice Chancellor after
due enquiry. It will be o pen t o the Chancellor to suspend the Vice
Chancellor during enquiry depending upon the seriousness of the
1 Subs. By Act No.11 of 2013. Sec.2 Earlier the words read as “The Visitor of the University shall be notified by
the Sponsor in consultation with the State Government”.
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charges, as he may deem fit.
(5) The Chancellor shall have such powers as may be conferred on
him by this Act or the Statutes made thereunder.
The Vice-
Chancellor.
13. (1) The Vice-Chancellor shall be appointed by the Chancellor on
such terms and conditions as approved by the Board of Governors for
a term of five years.
(2) The Vice-Chancellor shall be appointed by the Chancellor from
a panel of three persons recommended by the Board of Governors:
Provided that after expiration of the term of five years, the Vice
Chancellor shall be eligible for re-appointment:
Provided further that Vice-Chancellor shall continue to hold
office even after expiry of his term till new Vice Chancellor joins,
however, in any case, this period shall not exceed one year.
(3) The Committee shall, on the basis of merit, prepare a panel of
name of three persons suitable to hold the office of the Vice-Chancellor
and forward the same to the Chancellor along with the concise
statement showing the academic qua lifications and ot her distinctions
of each person.
(4) 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.
(5) 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, Distinctions or Certificates.
(6) Where any matter other than the appointment of a teacher is
of urgent nature requiring immediate action and the same could not
be immediately dealt with by any officer or the authority or other body
of the University empowered or under this Act to deal with it, the Vice-
Chancellor may take such action as he may deem fit with the prior
approval of the Chancellor.
(7) The Vice-Chancellor sh all exercise such other powers and
perform such other duties as may be laid down by the Statutes of the
Rules.
(8) 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 author ity as would have in the ordinary
course dealt with the matter:
Provided that if in the opinion of the concerned authority such
action should not have been taken by the Vice-Chancellor, then such
case shall be referred to the Chancellor, whose decision thereon shall
be final:
Provided further that where any such action taken by the Vice-
Chancellor affects any person in the service of the University, such
person shall be entitled to prefer, within three months from the date
on which such action is communicated to him, and appeal to the
Board of Governors and the Board of Governors may confirm or modify
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or reverse the action taken by the Vice-Chancellor.
The Pro-Vice
Chancellor.
14. The Pro Vice Chancellor may be appointed by the Vice Chancellor
with prior approval of the Chancellor in such manner and shall
exercise such powers and perform such duties as may be prescribed
by the Statutes.
Deans of
Faculties &
Directors of
Schools.
15. Deans of faculties and Directors of Schools shall be appointed by
the Vice Chancellor in such manner and shall exercise such power
and perform such duties as may be prescribed by Statutes.
The Registrar. 16. (1) The Registrar shall be appointe d by the Board of Management
in such manner and on such terms and conditions as may be
prescribed.
(2) All contracts shall be entered into and signed by the Registrar
on behalf of the University.
(3) The Registrar shall have the power to authenticate records on
behalf of the University and shall exercise such other powers and
perform such other duties as may be prescribed or may be required
from time to time, by the Chancellor or the Vice Chancellor.
(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 Board of Management is empowered to remove the
Registrar after due enquiry. It will be open to the Board of
Management to suspend the Registrar during enquiry depending upon
the seriousness of the charges, as they may deem fit
The Finance
Officer.
17. (1) The Finance Officer shall be appointed by the Board of
Management in such manner and shall exercise such powers and
perform such duties as may be prescribed.
(2) The Board of Management is empowered to remove the
Finance Officer after due enquiry. It will be open to the Board of
Management to suspend the Finance Officer during enquiry depending
upon the seriousness of the charges, as may deem fit.
Other Officers. 18. The manner of appointment, terms and conditions of service and
powers and duties of other officers of the University shall be such as
may be prescribed.
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 Statutes
to be the authorities of the University.
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The Board of
Governors and
its powers.
20. (1) The Board of Governors shall consist of:
(a) the Chancellor - Chairman;
(b) the Vice Chancellor – Members Secretary;
(c) two representatives of State Government of which one
should be an educationist of repute;
(d) three persons nominated by the Sponsor;
(e) an educationist of repute to be nominated by the
Chancellor from any premier Institute such as Indian
Institute of Technology / Indian Institute of Management /
Indian Institute of Science, Indian Institute of Design,
Indian Institute of Fashion Technology, National Laws
schools, etc;
(f) an educationist of repute to be nominated by the Sponsor
from Industry interalia from Design, Travel & Tourism,
Management, Law, Sciences or Technology Sectors
(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 principal governing body
of the University and shall have the following powers, namely –
(a) to lay down policies to be pursued by the University;
(b) 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;
(c) to approve the budget and annual report of the University;
(d) to make new or additional Statutes or amend or repeal the
earlier Statutes and Rules;
(e) to take decision about voluntary winding up of the
University;
(f) to approve proposals for submission to the State
Government; Government of India or Government of other
countries;
(g) to take such decisions and steps as are found desirable for
effectively carrying out the objects of the University;
(h) to approve additional power & modify the existing powers of:
(a) Board of Management
(b) Academic Council
(c) Finance Committee
(d) Other Authorities
(e) Other Committees.
(5) To do all things necessary or expedient to exercise the above
power.
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(6) The Board of Governors shall, meet at least two times in a year at
such time and place as the Chancellor thinks fit.
The Board of
Management. 21. (1) The Board of Management shall consist of:-
(a) the Vice Chancellor - Chairman;
(b) the Registrar - Secretary;
(c) one Management representative to be nominated by the
sponsor;
(d) three persons, nominated by the Sponsor;
(e) two Deans of Faculties or Two senior Professors of the
University as nominated by the Vice Chancellor;
(f) one representative to be nominated by the State
Government.
(2) The Board of Management shall have the following powers,
namely, -
(a) to establish, maintain and recognize such Regional
Centers, Campuses, Study Centers and Off-campus
centers subject to the approval from Board of Governors;
(b) to launch any academic and research programs &
courses, discipline of education which are deemed
suitable for meeting the obje cts of the University, as
approved by the Academic Council;
(c) to create and amend the Ru les and Statutes of the
University to fulfill the objects of the University;
(d) to determine, demand and re ceive fees, bills, invoices and
collect charges;
(e) to operate endowment fund, the general fund and the
development fund;
(f) to appoint the faculties, teachers, officers and employees
of the University and its constituent institutes including
Regional Centers, Study Centers, Off-campus centers
located within the State;
(g) to receive donations and gifts of any kind and to acquire,
hold, manage, maintain, lease, mortgage and dispose of
any movable or immovable property, subject to
MTL(Regulation) Act 1971 including trust and endowment
properties for the purpose of the University or its
constituent institutes, or a Regional Center, Off-campus
center, or a Study Center;
(h) to create and 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;
(i) to supervise and control the residence, and to regulate
the discipline among the students and all categories of
employees and to lay down the conditions of service of
such employees, including their Code of Conduct;
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(j) to create academic, administrative and support staff and
other necessary posts;
(k) to organize and conduct refresher courses, orientation
courses, workshops, seminars and other programs for
industry executives, teachers, developers of courseware,
evaluator and other academic staff;
(l) to make special provision for students belonging to the
State of Meghalaya or other states for admission in any
course of the University or in its constituent institutes,
affiliated college, Off-campus centers, regional centers or
study centers;
(m) to create an Industry Academic partnership by inviting
Industry in the University campus and other university
centers for mutual benefits;
(n) to raise, collect, subscribe and borrow with the approval
of the Board of Governors on the security of the property
of the University, money for the purposes of the
University;
(o) to enter into, carry out, vary or cancel contracts;
(p) t o d o a l l s u c h o t h e r a c t s o r t h i n g s a s d i r e c t e d b y t h e
Board of Governors; and
(q) to do all things necessary or expedient to exercise the
above powers as are prescribed in the Statutes.
The Academic
Council.
22. (1) The Academic Council shall consist of –
(a) the Vice Chancellor - Chairman;
(b) the Registrar - Secretary;
(c) such other members as may be prescribed in the Statutes.
(2) The Academic Council shall be the Principal Academic body of
the University and shall, subject to the provisions of this Act, the Stat-
utes and the Rules, co-ordinate and exercise general supervision over
the academic policies of the University.
The Finance
Committee.
23. (1) The Finance Committee shall consist of:-
(a) Vice Chancellor - Chairman;
(b) the Finance Officer – Secretary;
(c) the Registrar;
(d) One person nominated by the Sponsor;
(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, Statutes and 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 in the Statutes.
Proceedings not
invalidated on
25. N o a c t o r p r o c e e d i n g o f a n y a u t h o r i t y o f t h e U n i v e r s i t y s h a l l b e
invalid merely by reason of the existence of any vacancy or defect in the
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account of
vacancy.
constitution of the authority.
Statutes. 26. Subject to the provisions of this Act, the Statutes may provide for
any Statutory 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 procedure for transaction of business of the Authorities
of the University and the composition of bodies not specified in
this Act;
(c) the operation of the permanent endowment fund, the general
fund and the development fund;
(d) the terms and conditions of appointment of the Vice Chancellor,
the Registrar and the Finance Officer and their powers and
functions;
(e) the mode of recruitment and the conditions of service of the
other officers, teachers and employees of the University;
(f) the procedure for resolving disputes between the University
and its officers, faculty members, employees and students;
(g) creation, abolition or restructuring of departments and
faculties;
(h) the manner of co-operation with other Universities or
Institutions of higher learning;
(i) the procedure for conferment of honorary degrees;
(j) provisions regarding grant of freeships and scholarships;
(k) number of seats in different courses of studies and the
procedure of admission of students to such courses including
reservation of seats for Meghalaya domiciled students;
(l) the fee chargeable from students for various courses of
studies;
(m) institution of fellowships, scholarships, studentships,
freeships, medals and prizes;
(n) procedure for creation and abolition of posts; and
(o) 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 modification.
(2) Where the State Government fails to take any decision with
respect to the approval of the Statutes within the period specified under
Sub-section (1) it shall be deemed to have been approved by the State
Government.
Power to amend
the Statutes.
28. The Board of Governors may, under intimation to the State Government,
make new or additional Statutes or amend or repeal the existing Statutes.
Rules. 29. Subject to the provisions of this Act, the Rules may provide for all
or any of the following matters, namely:-
14
(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 and
other academic distinctions of the University;
(c) the award of degrees and other academic distinctions;
(d) the conditions of the award of fellowships, scholarships,
studentships, medals and prizes;
(e) the conduct of examinations and the conditions and mode
of appointment and duties of examining bodies, examiners,
invigilators, tabulators and moderators;
(f) the fee to be charged for admission to the examinations,
degrees and other academic distinctions of the University;
(g) accounting policies and financial procedures;
(h) the conditions of residence of the students at the University
or a constituent school/department;
(i) maintenance of discipline among the students of the
University or a constituent school/department;
(j) creation of new authorities of the University; and
(k) 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 Management and
submitted to the Board of Governors for approval.
(2) The Board of Governors may approve new or additional Rules
or amend or repeal the existing Rules.
Conditions of
service of
employees.
31. (1) Every employee shall be appointed under a written contract,
which service of shall be kept in University and a copy of which shall be
furnished to the employee concerned.
(2) Disciplinary action against the students/employees shall be gov-
erned by procedure prescribed in the Statutes.
(3) Any dispute arising out of the contract between the University and
an employee shall, at the request of the employee, be referred to a
tribunal of arbitration consisting of one member appointed by the
Board of Management, one member nominated by the employee
concerned and an umpire appointed by the Chancellor.
(4) The decision of the tribunal in such matter shall be final.
(5) The procedure for regulating the work of the tribunal shall be such
as may be prescribed.
Right to appeal.
32. Every employee or student of the University or of a constituent
school/department shall, notwithstanding anything contained in the
Act, have a right to appeal within such time as may be prescribed, to the
Chairman, Board of Management against the decision of any officer or
authority of the University or of the Director of any such Constituent
School/department, regional center, study center, career academy center
as the case may be and thereupon the Board of Management may confirm,
modify or change the decision appealed against.
15
Provident fund
and pension. 33. The University shall constitute for the benefit of its employees
provide such Provident fund or pension fund and provide such insurance
scheme as it may deem fit and pension in such manner and subject to
such conditions as may be prescribed.
Disputes as to
constitution of
the University
authorities and
bodies.
34. 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 of
University whose decision thereon shall be final.
Constitution of
Committees. 35. 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 and having such
powers as the authority may deem fit to prescribe.
Filling of casual
vacancies.
36. 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 remaining term for which the person
whose place he/she fills would have been a member.
Protection of
action taken in
good faith.
37. No suit or other legal proceedings shall lie against any officer or
other employee of the University for anything, which is done in good faith
or intended to be done in pursuance of the provisions of this Act, the Stat-
utes or the Rules.
Transitional
provisions.
38. Notwithstanding anything contained in any other provisions of this
Act transitional and the Statutes:-
(a) the first Vice Chancellor and Pro-Vi ce Chancellor, if any, shall be
appointed by the Chancellor and the said officer shall hold office for a
term of five years;
(b) the first Registrar and the first Finance Officer shall be appointed by the
Chancellor;
(c) the first Board of Governors shall hold office for a term not exceeding
three years;
(d) the first Board of Management, th e first Finance Committee and the
first Academic Council shall be constituted by the Chancellor for a term
of three years.
Endowment Fund. 39. (1) The University shall establish a permanent endowment fund of
least rupees two crore and to be deposited in one installment.
(2) The University shall have power to invest the permanent endow-
ment 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 permanent endowment fund. Excepting in the
dissolution of the University, in no other circumstances can any monies be
transferred from corpus of the endowment fund for other purposes.
(4) Not exceeding 75% of the incomes received from the corpus per-
manent endowment fund shall be used for the purposes of development
works of the University; The remaining 25 % shall be reinvested into the
16
permanent endowment fund.
General Fund.
40. (1) The University shall establish a general fund to which the
following amount shall be credited, namely :
(a) all fees which may be charged by the University;
(b) all sums received from any other source;
(c) all contributions made by the Sponsor; and
(d) all contributions/donations made in this behalf by any
other person or body, which are not prohibited by any
law for the time being in force.
(2) The funds credited to the general fund shall be applied to meet all
the recurring expenditure of the University.
Developmental
fund.
41. (1) The University shall also establish a development fund to
which the following funds shall be credited, namely :
(a) development fees which may be charged from students;
(b) all sums received from any other source for the purposes
of the development of the University;
(c) all contributions made by the Sponsor;
(d) all contributions/donations made in this behalf by any
other person or body which are not prohibited by any law
for the time being in force; and
(e) all incomes received from the permanent 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.
42. The funds established under sections 39, 40 and 41 shall, subject
to maintenance of general supervis ion and control of the Board of
Governors, be regulated and mainta ined in such manner as may be
prescribed.
Annual Report. 43. (1) The annual report of the University shall be prepared under the
direction of the Board of Management and shall be submitted to the
Board of Governors for its approval.
(2) The Board of Governors shall consider the annual report in its
meeting and may approve the same with or without modification.
(3) A copy of the annual report duly approved by the Board of Governors
shall be sent to Visitor and the State Government before 31 December
following close of the financial year in 31 March each year.
Accounts and
audit.
44. (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
17
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 well before
31 December following close of the financial year in 31 March each-
year.
(4) The annual accounts, the Balance sheet and the audit report
shall be considered by the Board of Governors at its meeting and the
Board of Governors shall forward the same to the Visitor and the State
Government along with its ob servations thereon before the
31December each year.
(5) The direction of the State Government on the subject arising out of
the accounts and audit report of the University shall be binding on the
University.
Mode of proof of
University
records.
45. A copy of any receipt, applicatio n, notice, order, proceeding or
resolution of any authority or committee of the university or other
documents in possession of the University or any entry in any register
duly maintained by the University, if certified by the Registrar, shall be
received as prima facie evidence of such receipt, application, notice,
order, proceeding, resolution or document or the existence of entry in the
register and shall be admitted as evidence of the matters and transaction
therein recorded where the original thereof would, if produced, have
been admissible in evidence.
Dissolution of
University.
46. (1) If the Sponsor proposes dissolution of the University of
Technology and Management in 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,
indiscipline, failure in the accomplishment of the objects of University
and economic hardships in the management systems of University, the Excerpt shown. Open the full act in Lexace.