Bare Act
The Apex Professional University Act, 2012
Chapter I PRELIMINARY
1. Short Title and Commencement
- (1) This Act may be called the Apex Professional University Act, 2012.
- (2) It shall come into force on such date; as the State Government may by notification in the Official Gazette, appoint.
Chapter I PRELIMINARY
2. Definitions
- (1) In this Act, unless the context otherwise requires, -
- (a) "Academic Senate" means the Academic Senate of the University;
- (b) "Act" means the Apex Professional University Act, 2012;
- (c) "Agenda Matter" means all the matters and business to be designated in the statutes each of which can be either included in the Agenda or be taken up for discussion and decision at a meeting of the Board of Governors or the Board of Management or any Authority, as the case may be, only subject to the prior written approval of the Chancellor, consenting to the passing of the such matters and business at such a meeting ;
- (d) "Board of Governors" means Board of Governors of the University;
- (e) "Board of Management" means Board of Management of the University;
- (f) "Chancellor" means Chancellor of the University;
- (g) "Community College" means Community College established, maintained or recognized by the University and it is an alternative system of higher education, which aims to empower individuals through appropriate skills leading to gainful employment and self-employability;
- (h) "Constituent College" means a college or institution maintained by the University;
- (i) "Examination Centre" means an Examination Centre established or recognized by the University for the purposes of conducting examination of full time, part time, online education and external students registered with the University;
- (j) "External Student" means a student who is registered at University for an award but study independently outside the University;
- (k) "Government" means the Government of Arunachal Pradesh;
- (l) "Official Gazette" means Gazette of Arunachal Pradesh;
- (m) "Prescribed" means prescribed in this Act and by the statutes and regulations made under this Act;
- (n) "Regional Centre" means Centre established or maintained by the University for the purpose of coordinating and supervising the work of the students for rendering any other assistance required by the students in any region and for performing such other functions as may be confirmed on such center by the Board of Management;
- (o) "Registrar" means Registrar of the University;
- (p) "Regulatory Bodies" means a bodies established by the Central Government for laying down norms and conditions for ensuring academic standards of higher education, such as University Grants Commission (UGC), All India Council of Technical Education (AICTE), Dental Council of India (DCI), National Council of Teacher Education (NCTE), Medical Council of India (MCI), Pharmacy Council of India (PCI), Indian Nursing Council (INC), Bar Council of India (BCI), National Council of Assessment & Accreditation (NAAC) and National Board of Accreditation (NBA) and includes the State Government;
- (q) "Skill Knowledge Provider" means industry, organization or any other institution giving practical training to students;
- (r) "Sponsoring Body or Sponsor" in relation to this Act means the APEX FOUNDATION, Bangalore (India);
- (s) "State" means State of Arunachal Pradesh;
- (t) "Statutes and Regulations" means, respectively, the Statutes and Regulations of the University made by the respective authorities of the University;
- (u) "e-Learning Centre" means Centre established, maintained or recognized by the University for the purposes of advising, counselling or for rendering any other assistance including training, virtual classes and administering examination required in the context of online education;
- (v) "University Grants Commission (UGC)" means the commission established under section 4 of the University Grants Commission Act, 1956 (Central Act 3 of 1956);
- (w) "University" means the Apex Professional University established and incorporated under this Act;
- (x) "Vice-Chancellor" means Vice-Chancellor of the University.
- (y) "APEX FOUNDATION" means the Non-Governmental Organization (NGO) registered at Bangalore and recognized by Department of Income Tax (Government of India) as a charitable organization;
Chapter II THE UNIVERSITY AND THE SPONSORING BODY
3. Establishment and Incorporation of the University
- (1) There shall be established a university called by the name of "Apex Professional University" for furthering objectives set out in section 4.
- (2) The University shall be a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and shall sue and be sued by the said name.
- (3) The headquarter of the University shall be at Pasighat, District East Siang in the State of Arunachal Pradesh with provision to establish necessary Branch Campus for furtherance of its objectives in the all districts of Arunachal Pradesh at such places as may be determined by the University. The main campus of the University be at such place as may be decided by the sponsoring body in the State of Arunachal Pradesh.
- (4) The Chancellor, the Vice-Chancellor, the Board of Governors, the Board of Management, and the Academic Senate of the University and all such persons as may be appointed at such office or as members so long as they continue to hold such office or membership.
- (5) The University will have Centres of Excellence for promoting professional and vocational education in and outside the country through formal, non-formal, face-to-face, regular, research, industry integrated, part-time, open, online and virtual education modes.
- (6) The sponsoring body shall comply with the following provisions:
- (a) Establish the endowment fund in the manner prescribed in this Act;
- (b) Acquire a minimum ten acres of land in anywhere in the State as per the norms of regulating bodies, whichever is higher;
- (c) Construct or arrange a minimum 10,000 square feet of covered space in any where in the State or as per the norms of regulating bodies, whichever is higher for administrative purpose and for conducting academic programmes;
- (d) Invest rupees twenty lacs or as per the norms of regulating bodies, whichever is higher, on books, journals, computers, library networking and other facilities so as to make library facilities adequate for contemporary teaching and research;
- (e) Procure equipments, computers, furniture and other immovable assets and infrastructure facilities (other than buildings, referred to in clause (c) above) worth not less than rupees fifty lacs or as per the norms of regulating bodies, whichever is higher;
- (f) Land, building and properties acquired, created and arranged or built for the university shall not be used for any other purpose, other than that for which the same is acquired;
- (g) Appoint adequate number of teaching and non-teaching staff in each Faculty to be started by the University;
- (h) Establishment of provident fund and take up welfare programmes for the employees of the university; and
- (i) Fulfil such other academic standards in accordance with the guidelines of the UGC, AICTE, NCTE and other regulatory bodies established by the law of Union or State Government.
- (7) The sponsoring body shall, within a period of five years, submit an unambiguous affidavit to the State Government along with documents to the effect that all conditions referred above in this Act have been fulfilled.
- (8) The State Government may extend time to comply with the above provisions of this Act for further period of three years, if such request is made by the sponsoring body and the State Government is satisfied in respect of the reasons given by sponsoring body for the extension.
Chapter II THE UNIVERSITY AND THE SPONSORING BODY
4. Objects of the University
- (1) The objects of the University shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit; to make special provisions for professional and vocational courses in management, agriculture, humanities, social sciences, education, law, medical, science and technology in its educational programmes; to take appropriate measures for promoting innovations in teaching learning process and inter-disciplinary studies and research; to educate and train manpower for the development of the state and the country; to establish linkages with industries for the promotion of science and technology; and to pay special attention to the improvement of the social and economical conditions and welfare of the people, their intellectual, academic and cultural development.
- (2) The university shall achieve the objectives set forth above through the Board of Governors, the Board of Management and the Academic Senate in accordance with the provisions of this Act.
Chapter II THE UNIVERSITY AND THE SPONSORING BODY
5. Powers and Functions of the University
Subject to the provisions of this Act and such conditions as may be prescribed by Statutes and Regulations, the University shall have the following powers, namely-
- (1) To provide instruction and training in all such branches of knowledge or learning as the University may deem fit and to make provision for research, advancement and dissemination of such knowledge.
- (2) To administer and manage the university's functions and such centers for research, training or for advancement of knowledge in the field of professional and vocational education.
- (3) To confer Pre University Certificate, Associate, Bachelor, Master and Doctorate Degrees or other academic distinctions in the manner and under conditions laid down in the Statutes;
- (4) To ensure that the academic standards of the Degrees, Diplomas, Certificates and other Academic distinctions are not lower than those laid down by the AICTE, NCTE, UGC, MCI, PCI and such other regulatory bodies;
- (5) To set-up Community Colleges, eLearning Centres and support centers in and outside the country for providing vocational education and skill development training facilities;
- (6) To make special provisions for reservation for admission and employment for the eligible candidate domiciled in the State of Arunachal Pradesh;
- (7) To institute and award fellowship, scholarship, assistantships, stipends, tuition waivers, medals and prizes etc.;
- (8) To hold examinations in and outside the country to grant diplomas or certificates and to confer degrees or other academic distinctions and on, person who:
- (a) have pursued a course of study in the University or in the approved Institutions or in associated Industry or as an external student or under online education system; or
- (b) have carried on research in the University or in the approved Institutions or as an external student or under work integrated learning system;
- (9) To withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;
- (10) To confer honorary degrees or other academic distinctions in the manner laid down in the Act;
- (11) To fix, collect, demand and revise fees and other charges as may be prescribed;
- (12) To provide tuition fee FREE EDUCATION to the students belonging to Below Poverty Line (BPL) of the State in admissions for different programmes in the Community Colleges;
- (13) To create industry - academia partnership to conceptualize, innovative, design, develop, deliver, offer work integrated learning programs, training programs and research programs in subjects the University may deem fit for such purposes as may be agreed upon on such terms and conditions as the University may, from time to time, determine;
- (14) To recognize examinations or period of study (whether in full or in part) of other universities, institutions or other place of higher learning as equivalent to examinations or period of study in the university and to withdraw such recognitions at any time;
- (15) To make provisions for extra-curricular activities for students and employees;
- (16) To provide campus recruitment and establishment of Placement Bureau;
- (17) To establish, maintain or recognize Regional Centres, Training Centres, Skill Knowledge Provider, National Coordinator, Learning Resource Provider and Information Centres as may be determined by the University, necessary for furtherance of its objects;
- (18) To make appointments of officers and employees of University;
- (19) To recognize any organization situated in and outside the country, which conduct research or specified studies or specialized studies for such purpose and in such manner and subject to such conditions as may be prescribed in the statutes;
- (20) To receive grants, subventions, subscriptions, donations and gifts for the purposes of the University and consistent with the object for which the University is established;
- (21) To institute and maintain hostels and to recognize places of residence for students of the University or Constituent Colleges or Community Colleges;
- (22) 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 the code of conduct for the students and employees;
- (23) To create posts for academic, administrative and support staff and other necessary posts and to make appointments thereto with prior approval of the sponsoring body;
- (24) To establish and maintain within the University or elsewhere, such class rooms, laboratories and libraries, as the University may consider necessary;
- (25) To strategies alliance or co-operation with other universities or institutions of higher learning in any part of the world for specified educational and research programs, dual degree programs, joint degree programs and exchange programmes for students, faculty members and others;
- (26) To purchase, take on lease or accept as gifts or otherwise any land or building or works which may be necessary or convenient for the purpose of the University, on such terms and conditions as it may think fit and proper and to construct or alter and maintain any such building or works;
- (27) To regulate expenditures and manage the accounts of the University;
- (28) To sell, exchange, lease or otherwise dispose of any portion or whole of the immoveable properties of the University, on such terms as it may think fit and proper without prejudice to the interest and activities of the University upon the prior approval of the sponsoring body or State Government;
- (29) To draw and accept, to make and endorse, to discount and negotiate, Government of India and other promissory notes, bills of exchange, cheques or other negotiable instruments;
- (30) To provide online education in such subject and in such manners as may be specified by Academic Senate of the University, provided that the university may for this purpose establish resource center and collaborate with service provider in various part of the country and abroad.
- (31) To borrow money with the approval of the sponsoring body, on the security of the property of the University for the purposes of the University and to pay out from the funds of the University, all expenses incidental to raising money, and to repay, redeem any money borrowed;
- (32) To enter into agreement with the Central Government, State Governments, University Grants Commission or other agencies for receiving grants and for other purposes;
- (33) To organize and conduct refresher courses, orientation courses, workshops, seminars, executive education and other programs for the working adults and others through Executive Education Centres;
- (34) To prepare instructional materials including Book, eBooks, Films, DVD, Websites and other software.
- (35) To admit Institutes of Higher Learning to the privilege of the University as approved institution according to the Statutes and regulations made under this Act;
- (36) To register external students in different courses as per the norms and such other conditions as may be laid down in the regulations of the university;
- (37) To introduce e-governance with an effective management information system.
- (38) To delegate all or any of its powers and functions to any authority of the University or any committee or any sub-committee or to any one or more members of its body or its offices; and
- (39) To do all such other acts and things as the University may consider necessary, conducive or incidental to the attainment or enlargement of the aforesaid objects, powers and functions or anyone of them.
Chapter II THE UNIVERSITY AND THE SPONSORING BODY
6. University to be Self-financed
The University shall be self-financed. It shall neither make a demand nor shall be entitled for any maintenance, grant-in-aid or any other financial assistance from the State Government or any other body or corporation owned and controlled by the State Government. Provided that the University may receive financial support through grant or otherwise;
- (a) For research, development and other activities for which other State Government organizations are providing financial assistance; or
- (b) For any specific research or programs receiving support from the Central Government and International Agencies and
- (c) For the benefit of similar Universities in the State whether subject to change in State policy or otherwise
Chapter II THE UNIVERSITY AND THE SPONSORING BODY
7. Provided further that, the University may receive any kind of financial support from any other source as per law.
Power to Set-up Community College and Campuses
- (1) Any Institution or organization other than Constituent Colleges which conduct specified studies, may be recognized by the Board of Management as a Community College for such purpose and in such manner and subject to such conditions as may be prescribed by statutes;
- (2) Any such recognition may be withdrawn either in whole or in part or modify in such manner or such reasons as may be prescribed by statutes;
- (3) The University may have Offshore Campuses and Off-Campuses outside of the state subject to terms and conditions of the University Grant Commission (UGC), New Delhi;
- (4) The University shall ensure that the academic standards are not lower than those laid down by the AICTE, NCTE, UGC, and such other regulatory bodies.
Chapter II THE UNIVERSITY AND THE SPONSORING BODY
8. University Open to all classes, castes, creed and gender
The University shall be open to persons of either sex and of whatever caste, creed, race or class, and it shall not be lawful for the University to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the University or to hold any other office therein or to be admitted as a student in the University or to enjoy or exercise any privilege thereof: Provided that nothing in this section shall be deemed to prevent the University from making special provisions for the employment or admission of women, persons with disabilities or of persons belonging to the weaker sections of the society the Scheduled Tribes and the other socially and educationally backward classes of citizens.
Chapter II THE UNIVERSITY AND THE SPONSORING BODY
9. National and International Accreditation
- (1) The University, if required by any law for the time being enforce, shall obtain prior permission or approval from the regulatory bodies like AICTE, NCTE, BCI, etc. before commencing any course.
- (2) The University will seek accreditation from respective National and International Accreditation Bodies.
Chapter II THE UNIVERSITY AND THE SPONSORING BODY
10. Powers of the Sponsoring Body
The sponsoring body shall have such powers as may be conferred by this Act or the Statutes made there under, it shall include following powers, namely-
- (1) The sponsoring body may, from time to time, appoint one or more persons who shall be an expert Academician to review the work and progress of the University, including Colleges and Institutions maintained by it, and to submit a report thereon; and upon receipt of that report, the sponsoring body may, after obtaining the views of the Board of Governors thereon through the Vice-Chancellor, take such action and issue such directions, as it considers necessary in respect of any of the matters dealt with in the report and the University shall abide by such action and be bound to comply with such directions.
- (2) Where, the Board of Governors does not, within a reasonable time, take action to the satisfaction of the Sponsoring Body, the Sponsoring Body may, after considering any explanation furnished or representation made by the Board of Governors, issue such directions, as it may think fit, and the Board of Governors shall comply with such directions.
- (3) The sponsoring body may, by order in writing, annul any proceeding of the University, which is not in conformity with this Act, the Statutes or the Regulations. Provided that before making any such order, sponsoring body shall call upon the Registrar to show cause why such order should not be annulled, and, if any cause is shown within a reasonable time, it shall consider the same before passing appropriate order.
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