Chapter 6 Chapter 6

Miscellaneous

1. (1) 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 ;
2. (2) Disciplinary action against the students or employees shall be governed by procedure prescribed in the Statutes ;

Every employee or student of the University or of a constituent college, shall notwithstanding anything contained in this Act, shall have the 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 so appealed against ;

The University shall constitute for the benefit of its employee 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 ;

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 ;

Any authority of the University mentioned in section 22, may 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 ;

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, was chosen, and the person filling the vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he or she fills would have been a member;

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 provision of this Act, the Statutes or the Rules and Regulations ;

Notwithstanding anything contained in any other provisions of this Act and the Statutes:-

1. (a) The First Vice-Chancellor shall be appointed by the Chancellor and the said officer shall hold office for a term of three years ;
2. (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;
3. (c) The First Board of Governors shall hold office for a term not exceeding three years;
4. (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 ;

1. (1) The Sponsor shall establish an endowment fund of rupees three crore in the form of FDR in favor of University; pledged to the State Government, opened in a nationalized bank.
2. (2) The University shall have the power to invest the endowment fund in such a manner as may be prescribed ;
3. (3) The University may transfer any amount from the general fund or the development fund to endowment fund, excepting in the dissolution of the University, in no other circumstances can any money be transferred from the endowment fund for other purposes ;
4. (4) Not exceeding seventy five per cent of the incomes received from the endowment fund shall be used for the purpose of development work of the University, the remaining twenty five per cent shall be reversed in to endowment fund ;

General Fund : (1) The University shall establish a general lund 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 sources ; (c) All contribulions made by the Sponsor ; (d) All contributions or donations made in this behall by any other person or body, which are not prohibited by any law for the time being in force; (2) The funds credited to the general fund shall be applied to meet the following payments. namely : (a) The repayment of debts including interest charges there to incurred by the University for the purposes of this Act, the Statules and the rules made thereunder; (b) The upkeep ol the assets of the University I (c) The payment of the cost of audit of the lund under section 49 ; (d) Meeting the expenses of any suil or proceedings lo which University is a party ; (e) The payment of salaries and allowance o, the oflicers and employees ol the University, members of the teaching and research staff, and payment ol any Provident Fund contributions, gratuity and other benefits to any such ofticers and employees, members of the teaching and research staff ; 190 (f) The payment of travelling and other allowances of the members of the Board of Governors, the Board ol Management, Academic Council, and other authorities so declared under the Slatutes, Rules and Regulations of the University and ol the members of any committee of Board appointed by any ol the authorities of the University in pursuance ol any provision of this Act or the Statutes or the rules made lhereunder ; (g) The payment of fellowships, freeships, scholarships. assislantships and other awards lo students, research associates or trainees eligible for such awards under the $atutes or rules of the University under the provisions of this Act : (h) The payment of expenses incurred by the University in carrying out the provisions ol this Act, and the Statutes or the rules and regulations made thereunder; (i) The payment ol cost capital not exceeding the privilege bank rate ol inlerest, incuned by the Sponsor for setting up the UniveBity and investment made thereof ; (j) The payments of charge and expenditure relating to the consultancy work undertaken by the University in pursuance of the provision of this Act, and the statutes, and the rules made thereunder ; (k) The Payment ot any other expense including a management fee payable to any organization charged with the responsibility of Managing the University on behalf of Sonsoring Body, as approved by the Board of Management to be an expense for the purpose of the University ; Provided thal no expenditure shall be incurred by the University in excess of the limits fortotal recurring expenditure and total non- recurring expenditure for the years as may be fixed by the Board ol Management without lhe prior approval of the Board of Management ; Provided further that the General fund shall be applied for the object speciried under sub- section (2) ol this section with the prior approval of the Board ol Management of the University;

1. (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 purpose of the development of the University ;
   • (c) All contributions made by the Sponsor ;
   • (d) All contributions or donations made in this behalf by any other person or body which are not prohibited by any law for the time being in force;
   • (e) All incomes received from the endowment fund;
2. (2) The funds credited to the development fund from time to time shall be utilized for the development of the University ;

The funds established under section 44, 45 and 46 shall be regulated and maintained in such manner as may be prescribed by Statutes;

1. (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. (2) The Board of Governors shall consider the annual report in its meeting and may approve the same with or without modifications ;
3. (3) A copy of the audited annual report duly approved by the Board of Governors shall be sent to Visitor and the State Government on or before December 31st following close of the financial year in March 31st each year ;

1. (1) The annual accounts and balance sheet of the University shall be prepared under the direction of Board of Management and all funds accruing to or receive by the University from whatever source and all amount disabused or paid shall be entered in the accounts maintained by the University;
2. (2) The annual accounts of the University shall be audited by a Chartered Accountant, who is the member of Institution of Charted Accountants of India, to be appointed by the Board of Management on mutually agreeable terms for a period of three years;
3. (3) A copy of the Annual Accounts and Balance Sheet together with the audit report shall be submitted to the Board of Governors on or before December 31st following close of the financial year in March 31st each year;
4. (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 observation thereon on or before December 31st each year ;
5. (5) In the event of any material qualification in the report of the auditors, the State Government may issue directions to the University, and such directions shall be binding on the University ;

A copy, receipt, application, notice, order, proceeding or resolution of any authority or committee of the University or other documents in possession of the University of 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 of document or the existence of entry in the register and shall be admitted as evidence of the matters and the transactions therein recorded where the original therefor would, if produced, have been admissible in evidence;

1. (1) It shall be duty of the University or any other authority or officer of the university to furnish such information or records relating to the administrative or finance and other affairs of the university as the State Government may call for.
2. (2) If the State Government, is of the view that there is a violation of the Act or the Statutes or Ordinance made hereunder may issue such directions to the University under this section as it may deem necessary.

1. (1) If the Sponsor proposes dissolution of the University in accordance with the law governing its constitution or incorporation, it shall give at least 6 (Six) months' notice in writing to the State Government and it shall ensure that no new admissions to the University are accepted during the notice period;
2. (2) On identification of mismanagement, maladministration, indiscipline, failure in the accomplishment of the objects of University and economic hardships in the management systems of University, the State Government would issue directions to the management system to the University. If the directions are not followed within such time as may be prescribed, the right to take decision for winding up of the University would Vest in the State Government ;
3. (3) The manner of winding up of the University would be such as may be prescribed by the State Government in this behalf. Provided that no such action will be initiated without affording a reasonable opportunity to show cause to the Sponsor;
4. (4) On receipt of the notice referred to in sub-section (1), the State Government shall in consultation with the regulatory bodies make such arrangements for administration of the University in such a manner that, until the last batch of Students in regular courses of studies of the University complete their courses of studies the date of dissolution of the University proposed by the Sponsor is not effected.

1. (1) The expenditure for administration of the University during the taking over period shall be borne out of its endowment fund, management fund, the general fund or the development fund;
2. (2) If the funds referred to sub-section (1) are not sufficient to meet the expenditure of the University during the taking over period of its management, such expenditure may be met by disposing of the Properties or Assets of the University, by the Sponsor and State Government;

1. (1) Where the State Government receives a complaint that the university is not functioning in accordance with the provisions of this Act, it shall direct the university to show cause within such time, which shall not be less than two months by referring a copy of the complaint as to why the university should not be derecognized.
2. (2) If upon receipt of the reply of the university to the notice given under sub-section (1) the State Government is satisfied that a prima-facie case of mismanagement or violation of the provisions of this Act in the functioning of the University is made out, it shall order such enquiry as it deem necessary.
3. (3) For the purpose of an inquiry under sub-section (2) the State Government shall by notification, appoint an officer as the enquiring Officer to enquire into allegation of violation of the provision of this Act.
4. (4) Every inquiring Officer appointed under sub-section(3) shall while performing its functions under this Act have all the powers of Civil Court under the code of civil procedure, 1908 trying a suit and in particulars in respect of the following matters, namely:-
   • (a) summoning and enforcing the attendance of any witness and examining him on oath;
   • (b) requiring the discovery and production of any documents;
   • (c) requisitioning any public record or copy thereof from any office;
   • (d) receiving evidence on affidavits;
   • (e) any other matters which may be prescribed.
5. (5) If upon receipt of the inquiry report, the State Government is satisfied that the university has violated any provision of this Act, it shall direct the university to make necessary improvement and suggest for proper implementation of the provisions of this Act.
6. (6) If it is observed that the university is violating the Act continuously for three times the State Government may derecognize the university with prior approval of the University Grand Commission.
7. (7) During the transition period of the management of the university under sub-section (6) the State Government may utilized the permanent endowment fund, the general funds or the development fund for the purpose of the Management of the affairs of the University. If the funds of the university are not sufficient to meet the requisite expenditure of the university, the State Government may dispose of the assets or the properties of the university to meet the said expenses.
8. (8) Every notification made under sub-section (6) may, as soon as may be it is made, shall be laid before the House of the State Legislature.

All assets and properties including permanent endowment fund, general fund, Development fund or any other fund and also including the liabilities of the university will belong to the Trust in case of dissolution of the university under this Act.

Every Statutes or rules made under this Act shall, as soon as may be after it is made will be submitted to State Education department; The Statutes and Rules may be published in the State Official Gazette.

1. (1) If any difficulty arises in giving effect to the provisions to this Act, the State Government may, by a notification or order, shall make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient, for removing the difficulty; Provided that no notification, order under sub- section (1) shall be made after the expiration of period of three years from the commencement of this Act ;
2. (2) Every order made under sub-section (1) shall, as soon as may be after it is made, be laid before the State Legislature;

1. (1) The Competent Authority of the university may make rules for all or any of the provisions of this Act, as may be deemed expedient, to carry out the provision of the Act.
2. (2) All rules made under this Act shall, be laid before the Legislative Assembly as soon as it is made.

The State Government may issue such directions from time to time to the university on policy matters not inconsistent with the provision of this Act as it may deem necessary.

Saving Notwithstanding contained in this Act, all rules, orders, notifications, schemes, bye laws, regulations, circulars, office memorandum issued by the State Government in pursuance of the Arunachal Pradesh and other Institution of Higher Education (Establishment and Regulation) Act 2010 (No. 6 of 2010) shall mutatis mutandis apply to the university until the same is superseded by the State Government.