The St. Joseph University (Nagaland) Act, 2016
Nagaland · state statute
Open in Lexace · Ask the AI about this actST. JOSEPH UNIVERSITY (NAGALAND) ACT, 2016 (NAGALAND ACT No.6 OF 2016) Received the assent of the Governor of the Governor of Nagaland on 28.11.2016 and published in the Nagaland Gazette extraordinary dated 19t) Dec.2016 An Act to establish and incorporate a Private University in the State with emphasis on providing high quality and industry relevant education in the areas of Accounting, Financial Analysis and Management, Business Management, Applied Science, Engineering and Technology, Agriculture, Architecture, Law, Education, Medical Science and related areas approved by University from time to time, sponsored by the DM1 Foundation, Nagaland and provide for the matters connected therewith or incidental thereto. WHEREAS the establishment of a Private University can be done only through an Act of the State Legislative Assembly as per provisions in the University Grants Commission (Establishment and Maintenance of Standards in Private University) Regulations, 2003: Be it enacted by the Nagaland Legislative Assembly in the Sixty-sixth year of the Republic of India as follows: ST. JOSEPH UNIVERSITY (NAGALAND) Arrangement of clauses PREAMBLE Page No. OS Chapter I Preliminary 1. Short title and Commencement 05 2. Definitions 05 Chapter II Establishment, Objectives, POWERS AND Functions of the University 3. Establishment of the University 07 4. University not to be entitled to financial assistance 08 5. Constituent and Affiliated College 08 6. Objectives of the University 08 7. Powers and Functions of the University 10 Chapter III Admission, Discipline, Honorary Degrees and Withdrawal of Degrees 307 8. Secular Character of the University 11 9. Eligibility of Admission 12 10 Residence of Students 12 11. Discipline 12 12. Award of Certificate, Diplomas and Degrees Etc. 12 13. Award of Honorary Degrees 12 14. Withdrawal of Certificates, Diplomas Etc. 12 is. Teaching and Curriculum 12 Chapter IV Officers of the University 16. Officers of the University 13 17. The Visitor 13 18. The Chancellor 13 19. The Pro chancellor 14 20. The Vice Chancellor 14 21. Deans of Faculties 15 22. Registrar 15 23, Finance Officer 15 24. Other Officers 15 Chapter V Authorities, Councils, Committee and Boards of the University 25. Authorities, Councils, Committee and Boards of the University 16 26. Board of Governors and its Powers 16 27. Board of Management 17 28. Academic Council 17 29. Finance Committee 17 30. Other Authorities 18 31. Proceedings not invalidated on account of vacancy 18 Chapter VI Statutes and Ordinances 32 Statutes 18 33. Making of Statutes 19 34. Power to amend Statues 19 34. Ordinances 19 36. Making of Ordinances 20 37. Power to amend Ordinances 20 Chapter VII Finance, Contract, Audit, Etc. 38. Endowment Fund 20 39. General Fund 20 40. Development Fund 22 41. Maintenance of Fund 22 42. Transitional provisions 22 43. Annual 22 44. Account and Audit 23 Chapter VIII Miscellaneous 45. Conditions of service of employees 23 46. Disciplinary procedure 23 47. Right to appeal 23 48. Provident fund and pension 23 49. Disputes as to constitution of the University authorities and bodies 24 50. Constitution of the committees 24 51. Filling of casual vacancies 24 52. Protection of action taken in good faith 24 53. Mode of proof of the University record 24 54. Dissolution of the University 24 55. Expenditure of the University during dissolution 25 56. Laying of Statues and Rules 25 57. Removal of difficulties 25 SCHEDULE 26 308 CHAPTER I Preliminary Short title and commencement 1. (1) This Act may be called the St. Joseph University (Nagaland) Act, 2016. (2) It shall come into force on the date appointed by the State Government by notification in the official gazette. Definitions 2. (1) In this Act, unless the context otherwise requires: (i) "Academic Council" means the Academic Council of the University; (ii) "AICTE" means the All India Council for Technical Education established under the All India Council for Technical Education Bill, 1987; (iii) "Affiliated College" means a college or an institution which is affiliated to the University; (iv) "Annual Report" means the Annual report of the University; (v) "Board of Governors" means the Board of Governors of the University; (vi) "Board of Management" means the Board of Management of the University; (vii) "Chancellor" means Chancellor of the University; 309 (viii) "Constituent College" means a college or an institution maintained by the University; (ix) "Development Fund" means the Development Fund of the University; (x) "Distance Education System" means the system of imparting education through any means of information technology and communication such as multimedia, broadcasting, telecasting, online over Internet, other interactive, methods, email, Internet, computer, interactive talk back, e-learning, correspondence course, seminar, contact program or a combination of any two or more of such means; (xi) "Endowment Fund" means Endowment Fund of the University; (xii) "Employee" means employee appointed by the University and includes teachers and other staff of the University or of a constituent college; (xiii) "Faculty" means faculty of the University; (xiv) "Finance Officer" means Finance Officer of the University; (xv) "General Fund" means General Fund of the University; 310 (xvi) "Prescribed" means prescribed by the Statutes/rules of the University; (xvii)"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 Bill, or function as Principal; (xviii)"Regional Center" means a center established or maintained by the University for the purpose of co- ordinating and supervising the work of Study Centres in any region and for performing such other functions as may be conferred on such center by the Board of management; (xix) "Registrar" means Registrar of the University; (xx) "Rules" means the Rules of the University; (xxi) "Sponsor" means the DM1 Foundation, which is registered as a Society under the Nagaland Public Societies Registration Act, 1860 at Nagaland (Registration No. HOME/SRC-6915 dated 13.08.2015); (xxii)"State" meansthe State of Nagaland; (xxiii)"State Government" means the State Government; 311 (xxiv)"Statutes" means the Statutes of the University; (xxv) "Study Centre" means a centre established, maintained or recognized by the University for the purpose of advising, counseling or for rendering any other assistance including training, conducting contact classes and examinations required by the students; (xxvi) "Teacher" means a Professor, Associate Professor, Assistant Professor/Lecturer or such other person as may be appointed for impacting instructions 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; (xxvii)"The CFA Charter and Designation" mean the Chartered Financial Analyst Charter and Designation conferred by the University or by an agency duly authorized by the University upon the successful candidates of the Chartered Financial Analyst (CFA) Program administered by the University or by an agency duly authorized by the University; ()oviii)"The CPA Certificate and Designation" 312 mean the Certified Public Accountant Certificate and Designation conferred by the University or by an agency duly authorized by the University upon the successful candidates of the Certified Public Accountant Program administered by the University or by an agency duly authorized by the University; (xxix) "DM1 Foundation" means the society which is registered under the Nagaland Public Societies Registration Act, 1860 at Nagaland (Registration No. HOME/SRC-6915 dated 13.08.2015); (xxx) "UGC" means the University Grant Commission established under the University Grants Commission Act, 1956; (xxxi) "University" means the Private University by name St. Joseph University (Nagaland) established under this Act; (xxxii)"Vice-Chancellor" means Vice- Chancellor of the University; and (xxxiii)"Visitor" means the Visitor of the University. 313 CHAPTER II Establishment, Objectives, Powers and Functions of the University Establishment of the 3. University (1) As soon as after the commencement of this Act, the State Government shall call upon the sponsor to set up and endowment Fund of Z one crore. (2) Immediately after the setting up of the Endowment Fund, the State Government shall accord sanction for establishment of the University by name the St. Joseph University (Nagaland) and thereafter the sponsor shall accordingly establish the University. (3) The State Government shall notify the fact of establishment of the University in the Official Gazette as soon as may be after the establishment of the University by the sponsor. "Provided that no such notification by the State Government shall be issued unless a High Powered Committee appointed in that behalf certifies to the State Government that all necessary infrastructure including buildings, equipments, teaching staff etc, are in place and that the provisions of section 60, wherever applicable, have been fully complied with by the University". (4) The University shall be a body corporate by the name aforesaid, having perpetual succession and common seal and shall, by that name, sue and be sued. (5) The main campus of the University shall be 314 at Dimapur, Nagaland and off-campuses, off-shore campuses, Regional Centres, Study Centres etc., may be established in Nagaland and anywhere in India and abroad, with the approval of the Board of Governors and in accordance with the University Grants Commission Act, 1956 and the regulations made there under.. (6) On establishment of the University, the sponsor shall make arrangements for procuring the land as per the laws in force in the State of Nagaland and creation of necessary infrastructure for the University. (7) 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 leased/acquired. University not to be entitled to 4. The University shall not make any demand financial assistance 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. Constituent and Affiliated College 5. (1) The University may have constituent colleges, Regional Centers and Study Centres. (2) The University may with the prior approval of the Board of Governors, affiliate any college or other institution. Objectives of the University 6. (1) The main objective of the University shall be to design and run courses and programmes as enumerated in the schedule to this Act. Provided that the University may abolish or create or modify the entries in the schedule without causing 315 detriment to the interest of teachers and students concerned, by statutes, and such statutes shall not be deemed as amendment of this Act. (2) The other objectives of the University are: (a) to provide instruction teaching, training and research in specialized fields of Finance and Management including Financial Analysis (leading to the CFA Charter and Designation), Accounting (leading to the CPA Certificate and Designation), Banking, Insurance, Financial Services, Financial Management, Business Management, Law, Architecture, Agriculture, Teacher Education, Medical Science, various branches of Science, Engineering and Technology and related subjects and make provisions for research, advancement and dissemination of knowledge thereof; (b) to establish a main campus at Dimapur in the State of Nagaland, and to have further campuses, Regional Centres, study centers and examination centers in Nagaland and at different places in India and abroad in accordance with the laws and regulations in force; (c) to provide continuing, distance and regular educational programs and virtual learning and examinations; (d) to institute degrees, diplomas, charters, certificates and other academic distinctions on the basis of examination, or any other method of evaluation; 316 (e) to collaborate with other colleges or Universities, research institutions, industry associations, professional associations including the Council of Chartered Financial Analysts and the society of Certified Public Accountants or any other organization, in India or abroad, to conceptualize, design and develop specific educational and research programs, training programs, and exchange programs of Students, faculty members and others; (f) to disseminate knowledge through seminars, conferences, executive education programs, community development programs, publication, and training programs; (g) to undertake programs for the training and development of faculty members of the University and other institutions in India or abroad; (h) to undertake collaborative research with any organization in India orabroad; (I) to create higher levels or intellectual abilities; (j) to provide consultancy to industry, Government and Public Organizations; (k) to ensure that the standard of the degrees, diplomas, charters, certificate and other academic distinctions are inaccordance with those laid down by AICTE/NCTE/UGC/MCI and Pharmacy Council etc. (I) to do all things necessary or expedient to promote the above objectives; (m) to pursue any other objective as may be approved by the State Government. 317 Powers and functions of the lJniversity7.(1) The University shall have the following powers and Function, viz; (a) to establish, maintain and recognize such Campuses, Regional Centers and Study Centers as may be determined by the University from time to time in the manner laid down by the statutes; (b) to carry out all such other activities as may be necessary or feasible in furtherance of the object of the University; (c) to confer degrees, diplomas, charters, certificates or other academic distinctions and professional designations including the CFA Charter and Designation, the CPA Certificate and Designation in the manner and under conditions laid down in the statutes; (d) to institute and award fellowship, scholarship and prizes etc., in accordance with the statutes; (e) to demand and receive such fees, invoices and collect charges as may be fixed by the statutes or rules, as the case may be; (f) to make provisions for extra curricular activities for students and employees; (g) to make appointments of the faculty, officers and employees of the University or a constituent college, affiliated colleges, Regional Centres, Study Centres etc., located in India and abroad; (h) to receive donations and gift of any kind and to acquire, hold, manage, maintain and dispose of any; movable or immovable property, including trust and endowment 318 properties for the purpose of the University or a constituent college, or a Regional Centre, Study Centre etc. (I) to institute and maintain halls and to recognize places of residence for studentsof the University or a constituent college at the main campus and other campuses in India and abroad; (j) to supervise and control the residence, and to regulate the discipline among the students and all categories of employees and to Say down the conditions of service of such employees, including their Code of Conduct; (k) to create posts for academic, administrative and support staff and other necessary posts; (I) to co-operate and collaborate with other Universities and Institution in such a manner and for such purposes as the University may determine from time to time; (m) to offer educational programs on distance learning continuing and regular basis and to determine the manner in which such programs offered by the University; (n) to organize and conduct refresher courses orientation courses, workshops, seminars and other programs for teachers developers of courseware evaluators and other academic staff; (o) to determine standards of admission to the University, constituent college, affiliated college, regional centers, study centers with approval of the Academic Council; 319 (P) to make special provision for students belonging to the State of Nagaland for admission in any course of the University or in a constituent collage, affiliated college, regional centre or study center; (q) to do all such other acts or things whether incidental to the power aforesaid or not, as may be necessary to further the objects of the University; (r) to prescribe such courses for Bachelor Degree, Master Degree, Doctor of Philosophy, Doctor of Science Degrees and Research and such other Degrees, Diplomas, Charters, Certificates etc; (s) to provide for the preparation of instructional materials including films cassettes, tapes, video cassettes CD VCD and other software (t) 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 anytime; (u) to raise, collect, subscribe and borrow with the approval of the Board of Governors whether on the security of the property or money of the University for the purposes of the University; (v) to enter into carry out, vary or cancel contracts, (w) to do things necessary or expedient to exercise the above powers. 320 CHAPTER III Admission, Discipline, Honorary Degrees and Withdrawal of Degrees cu!r character af the University 8. 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 prevent the University from making special provisions for admission in favour of students from the State of Nagaland. Subject to the provision in this Act, no students shall be eligible for admission to programme of study in the University unless he possesses the qualifications prescribed in the regulations Students of the University may reside in a hostel maintained or recognized by the University under such conditions as maybe prescribed in the regulations. The Vice Chancellor shall be responsible for the maintenance of discipline in the University and his orders in this regard shall be carried out by the officers and staff of the University. (2) Notwithstanding anything in sub-section (1), the punishment of debarring a student from an examination of the University or rusticating him from the University or institution of the University or any other punishment of such serious nature imposed only bythe Board of Management on receipt of a report from the Vice Chancellor. Eligibilityfor admission 9. Residence of students 10. Discipline 11. (1) 321 I Provided that the Board of Management shall impose such a punishment only after student concerned a reasonable opportunity of being heard. Award of cartificates, Diplomas, and Degress etc.12. A Certificate, Diploma or a Degree or any other academic distinction shall be granted conferred upon, a student only after he has undergone the relevant course or programs for the duration prescribed thereof and passed the same with qualifying marks prescribed. Award of Honorary Degrees 13. The University shall have the power to confer an honorary degree of academic distinction upon any person for his eminent attainments and position, if the Board of Governors approves by majority a recommendation of the Academic Council passed by two-thirds of the membership of the Academic Council for doing so. Withdrawal of Certificates, 14. The Board of Governors and Diplomas etc.Academic Council shall have the power to withdraw a certificate or Diploma or a Degree or any other academic distinction, including an honorary degree of academic distinction granted to, or conferred upon, a student or an eminent person, for good and sufficient reasons to be enumerated in the regulations. Teaching and curriculum 15. (1) All teaching in the University shall be done by Teachers appointed by the University in accordance with the regulations. (2) The syllabus,curiiculum,the manner of organization of teaching and other connected matters in respect of each course or programme of study in the University shall be as prescribed in the regulations. 322 CHAPTER IV Officers of the University Officers of the University 16. The following shall be the officers of the University (a) The Visitors; (b) The Chancellor; (c) The pro Chancellor; (d) The Vice-Chancellor; (e) The Deans of Faculties; (f) The Registrar; (g) The Finance Officer; and (h) Such others officers as may be declared By the Statutes to be officers of the University. The Visitor 17. (1) The Governor of Nagaland shall be the Visitor of the University (2) The Visitors, when present, reside at the convocation of the University for conferring degrees, Diplomas, Charters, Designations and Certificates. (3) The Visitor shall have the following Powers namely; (a) To call for any paper or information relating to the affairs of the University. (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. 323 The Chancellor 18. (1) The Sponsor shall appoint a person suitable to be appointed as the Chancellor of the University. (2) The Chancellor so appointed shall hold office for a period of five years. 3) The Chancellor shall be the head of the University. (4) The Chancellor shall preside at the meeting of the Board of Governors and shall, when the Visitor is not present, preside at the convocation of the University for conferring degrees, diplomas, Charters, Designations or Certificates. (5) The Chancellor shall have the following powers, namely:- (a) To call for any information or record; (b) To appoint the Vice-Chancellor; (c) To remove the Vice-Chancellor; (d) Such other powers as may be conferred on him by this Act or the Statutes made thereunder; The Pro chancellor 19. (1) There shall be a pro Chancellor for the university appointed by the chancellor in consultation with the Governing Body and the Executive Council. (2) The pro Chancellor shall assist the Chancellor in maintaining administrative and academic discipline in the University. (3) The Honorarium of the Pro Chancellor will be decided as per regulations. TheVice-Chancellor 20. (1) The Vice-Chancellor shall be appointed on such terms and conditions as may be prescribed by the statutes. (2) The Vice-Chancellor shall be appointed by 324 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 reappointment for not more than one other term. (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 immediately 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 the matter to such officers or authority as would have in the ordinary course dealt with the matter. Provided that if in the opinion of the concerned authority such action should not have been taken by the Vice- Chancellor, then such case shall be referred Ito 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, 325 such person shall be entitled to prefer, within three months from the date on which such action is communicated to him, an appeal to the Board of Governors and the Board of Governors may confirm or modify or reverse the action taken by the Vice-Chancellor. (5) If in the opinion of the Vice-Chancellor, any decision of any authority of the University is outside the powers conferred by this Act, Statutes or is likely to be prejudicial to the interest of the University, he shall request the authority concerned to revise its decision within seven days from the date of his decision and in case the authority refuses to revise such decision wholly or partly or fails to take any decision within seven days, then such matter shall be referred to the Chancellor and his decision thereon shall be final. (6) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be laid down by the Statutes or the Rules. (7) The Vice-Chancellor shall preside at the convocation of the University in the absence of both the Visitor and the Chancellor, for conferring degrees, diplomas, charters, designations or certificates. (8) The Chancellor is empowered to remove the Vice-chancellor after due inquiry and it will be open to the Chancellor to suspend the Vice-Chancellor during inquiry depending upon the seriousness of the charger, as he may deem fit. 326 Deans of faculties 21. 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. Registrar 22. (1) The appointment of the Registrar shall be made in such manner as may be prescribed by the Statutes. (2) All contracts shall be signed and all documents and records shall be authenticated by the Registrar on behalf of the University. (3) The Registrar shall exercise such other powers and perform such other duties as may be prescribed or may be required from time to time bythe Board of Governors. (4) The Registrar shall be responsible for the due custody of the records and common seal of the University and shall be bound to place before the Chancellor, the Vice- Chancellor or any other authority, at such information and documents as may be necessary for transaction of their business. (5) The Registrar shall exercise such powers and perform such duties as may be prescribed by the Statutes. Finance officer 23. The Finance Officer shall be appointed by the Board of Governors in such manner and shall exercise such powers and perform such duties as may be prescribed. Other officers 24. The manner of appointment, terms and conditions of service and powers and duties of the other officers of the University shall be such as may be prescribed. 327 CHAPTER V Authorities, councils, committee and Board of the University Authorities, Councils, Committee and Boards of the University25. (1) The following shall be the Authorities, Councils, committee and Boards 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 Board oH Governors and its powErs26. (1) The Board of Governors shall consist of the following (a) The Chancellor (b) The Pro Chancellor (c) The Vice-Chancellor (d) The Registrar (e) The Finance Officer (f) Three eminent educationists/ Industrialist to be nominated by the Sponsor (g) Two persons of the teaching community of the University to be nominated by the Academic Council (h) One academician to be nominated by the Visitor (2) The Chancellor shall be the Chairman of the Board of Governors. (3) The Registrar shall be the ex officio Secretary of the Board of Governors (4) The Board of Governors shall be the supreme authority and principal governing body of the University and shall have the following powers, namely: 328 (a) To appoint the Statutory Auditors of the University: (b) To lay down policies to be pursued by the University; (C) To review decisions of the other authorities of the University if they are not in conformity with the provisions of this Act or the Statutes or the Rules (d) To approve the budget and annual report of the University; (e) To make new or additional Statutes and Rules or amend or repeal the earlier Statutes and Rules; (f) To take decision about voluntary winding up of the University; (g) To approve proposals for submission to the State Government; and (h) To take such decisions and steps as are found desirable for effectively carrying out the objects of the University; (5) The Board of Governors shall meet at least twice in a calendar year at such time and place as the Chancellor may fix. (6) Half plus one members shall constitute quorum. Board of management 27. (1) The Board of Management shall consist of (a) The Vice-Chancellor (b) The Registrar (c) Three persons, nominated bythe Sponsor; (d) Two Deans of the faculties as nominated by the Chancellor; (e) One representative to be nominated by the Vice Chancellor (2) The Vice-Chancellor shall be the Chairman of the Board of management and the Registrar shall be the Secretary of the Board of Management 329 (3) The powers and functions of the Board of management shall be such as may be prescribed. (4) The Board of Management shall meet as often as required. Academic Council 28. (1) The Academic Council shall consist of: (a) The Vice-Chancellor-Chairman (b) The Registrar-Secretary (c) Such other members as may be prescribed by the Statutes. (2) The Academic Council shall be the principal academic body of the University and shall, subjects to the provisions of this Act, the Statutes and the Rules co-ordinate and exercise general supervision over the academic policies of the University. Finance committee 29. (1) The Finance committeeshalt consist of (a) The Vice-Chancellor - Chairman (b) The Registrar - Secretary (c) The Finance Officer (d) Such other members as may be prescribed in the Statutes. (2) The Finance Committee shall be the principal financial body of the University to take care of financial matters and shall, subject to the provisions of this Act, the Statutes and the Rules, co-ordinate and exercise general supervision over the financial matters of the University. Other authorities 30. The constitution, powers and functions of the other authories of the University shall be such as may be prescribed. Proceedings not invalidated on account of vacancy 31. No Act or proceeding of any authority of the University shall be invalid merely by reason of the existence of any vacancy or defect in the constitution of any authority. 330 CHAPTER VI Statutes and ordinances Statutes 32. 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 this Act, as may be constituted from time to time; (b) The operation of the endowment fund, the general fund and the development fund; (c) The terms and conditions of appointment of the Vice-Chancellor, the Registrar and the Finance Officer and their powers and functions; (d) The mode of recruitment and the conditions of service of the other officers, teachers and employees of the University; (e) The procedure for resolving disputes between the University and its officers, faculty members employees and students; (f) Creation, abolition or restructuring of departments and faculties; (g) The manner of co-operation with other Universities or institutions of higher learning; 331 (h) The procedure for conferment of honorary degrees, (I) Provisions regarding grant of freeships and scholarships; (j) Number of seats in different courses of studies and the procedure of admission of students to such courses; (k) The fee chargeable from students for various courses of studies; (I) Institution of fellowships, scholarships, studentships, feeships, medals and prizes; (m) Procedure for creation and abolition of posts; and (n) Other matters which may be prescribed. Making of statutes 33. (1) The first statutes framed by the Board of Governors shall be submitted to the State Government for its approval, which may, within three months from the date of receipt of the Statutes give its approval with or without modifications. (2) Where the State Government fails to take any decision with respect to the approval of the Statutes within the period specified under sub-section (1) it shall be deemed to have been approved by the State Government. Power to amend statutes 34. The Board of Governors may, with the prior approval of the State Government, make new or additional Statutes or amend or repeal the Statutes. 332 Ordinances 35. Subjects to the provisions of this Act, the Ordinances may provide for all oranyof the following matters, namely:- (a) Admission of students to the University, their enrolment and continuance as such; (b) The curriculum for all Degrees, Diplomas, Certificates, Charters and other academic distinctions of the University; (c) The award of Degrees, Diplomas, Charters, Certificates and other academic distinctions of the University; (d) Creation of new authorities of the University; (e) Accounting policy and financial procedure; (f) The conditions of the award of fellowships, scholarships, studentships, medals and prizes; (g) The conduct of examinations and the conditions and mode of appointment and duties of examining bodies, examiners, invigilators, tabulators and moderators; (h) The fee to be charged for admission to the examinations, Degrees, Diplomas, Certificates, Charters and other academic distinctions of the University; (i) Revision of fees; (j) Alteration of number of seats in different courses and programs; 333 (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 and affiliated college and; (m) All other matter as may be provided in the Statues and Rules underthe Act. Makingof ordinances 36. (1) The Ordinances shall be made by the Board of Governors and the Ordinances so made shall be submitted to the State Government for its approval, which may, within two months from the date of receipt of the Ordinances, give its approval with or without modification. (2) Where the State Government fails to take any decision with respect to the approval of the Ordinances within the period specified under sub-section (1) it shall be deemed to have been approved by the State Government. Power to amend ordinances 37. The Board of Governors may, with the approval of the state Government make new or additional Ordinances or amend or repeal the Ordinances. 334 CHAPTER VII Finance, Contract, Audit, Etc. Endowment fund 38. (1) The sponsor shall establish an endowment fund of at least Rupees One Crore. (2) The University shall have power to invest the endowment fund in such manner as may be prescribed. (3) The University may transfer any amount from the general fund or the development fund to the endowment fund. Except in the event of dissolution of the University, in no other circumstances can any monies be transferred from the endowment fund for others purposes. (4) Not exceeding 75% of the incomes received from the endowment fund shall be used for the purposes of development work5 of the University and the remaining 25% shall be reinvested into the endowment fund. General Fund 39. (1) The University shall establish a general fund to which the following amounts 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; (d) All contributions/donations made in this behalf by any other person or body, which 335 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 payment of debts including interest charges thereto incurred by the University for the purpose of this Act and the statutes, and the rules made thereunder; (b) The upkeep of the assets of the University; (c) The payment of the cost of audit of the fund created under this Act; (d) Meeting the expenses of any suit or proceedings to which University is a party; (e) The payment of salaries and allowances of the officers and employees of the University, members of the teaching and research staff, and payment of any Provident Fund contributions, gratuity and other benefits to any such officers and employees, members of the teaching and research staff; (f) The payment of traveling and other allowances of the members of the boards of governors, the board of management, Academic Council, and other authorities so declared underthe Statutes of the University and of the memrs of any Committee or Board appointed by any of the authorities of the University in pursuance of any provision of this Act, or the Statutes, or the Rules made thereunder; 336 (g) The payment of fellowships, freeships, scholarships, assistantships and other awards to students ,research associates or trainees eligible for such awards under the Statutes, or the Rules of the University underthe provisions of this Act; (h) The payment of any expenses incurred by the University in carrying out the provisions of this Act, and the Statutes or the Rules made thereunder; (I) The payment of cost of capital, not exceeding the prevailing bank rate of interest, incurred by the Sponsor for setting up the University and the investments made thereof; (j) The payment of charges and expenditure relating to the consultancy work undertaken by the University in pursuance of the provisions of this Act, and the Statutes, and the Rules made thereunder; (k) The payment of any other expenses including a management fee payable to any organization charged with the responsibility of managing the University on behalf of the sponsoring body, as approved by the Board of Management to be an expense for the purposes of the University; Provided that no expenditure shall be incurred by the University in excess of the limits for total recurring expenditure and total non-recurring expenditure for the year as may be fixed by the Board of 337 management without the previous approval of the board of Management; Provided further that the General fund shall be applied for the objects specified under sub section (2) with the prior approval of the Board of Management of the University; Development Fund 40. (1) The University shall also establish a Development Fund to which the following shall be credited, namely: (a) Development fees which may be charged from students; (b) All sums received from any other source for the purposes of the development of the University; (c) All contributions made by the sponsor; (d) All contributions/donations made in this behalf by any other person or body which are not prohibited by any law for the time being in force; and (e) All incomes received from the endowment fund. (2) The funds credited to the development fund from time to time shall be utilized for the development of the University, Maintenance of Fund 41. The funds established under section 40,41 and 42 shall, subject to general supervision and control of the Board of Governors, be regulated and maintained in such manner as may be prescribed. 338 Transitional provisions 42. Notwithstanding anything contained in any other provisions of this Act and the Statutes, (a) The first Vice-Chancellor shall be appointed by the Chancellor and the said officer shall hold office for a term of three years; (b) The first Registrar and the first Finance Officer shall be appointed by the Chancellor who shall hold office for a term of three years; (c) The first Board of Governors shall hold office fora 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; 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 on or before December 31 following close of the financial year in March 31 each year. 339 Account 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 amounts 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 Accountant of India, every year. (3) A copy of the annual accounts and the Balance Sheet together with the audit report shall be submitted to the Board of Governors on or before December 31 following close of the financial year in March 31 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 observations thereon on or before December 31 each year. (5) In the event of any material qualifications in the Report of the Auditors, the State Government may issue directions to the University, and such directions shall be binding on the University. 340 CHAPTER VIII Miscellaneous Conditions of service of employees 45. Disciplinery procedure 46. Every employee shall be appointed under a written contract, which shall be kept in the University and a copy of which shall be furnished to the employee concerned. Disciplinary proceedings against the students/employees shall be governed by procedure prescribed in the Statutes. Right to appeal 47. Every employee or student of the University or of a constituent college, shall notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed, to the Board of Management against the decision of any officer or authority of the University or of the Principal of any such college, and thereupon the Board of Management may confirm, modify or change the decision appealed against. .Provident Fund and pension 48. 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. 341 University authorities and bodies 49. 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 the committees 50. Any authority of the University 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. Filling of casual vacancies 51. Any casual vacancy among the members, other than ex officio members of any Authority or body of the Univers
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