section Schedule
Schedule
The Indira Gandhi Technological And The Medical Sciences University Act, 2012( See Section 2 (n) ) Definitions. 1. In this Schedule, unless the context otherwise requires : - (a) ‘Clause’ means a clause of the Schedule; (b) ‘Teacher’ includes Deans, Professors, Associated Professors, Assistant Professors, Readers, Lecturers and any other person imparting instructions in the University. 2. There shall be a Goveming Council of the University, which Membership shall consists of the following members, namely: - of the Goveming (a) TheChancellor. | Cound <r (b), -The Pro-Chancellor. (c) " The Vice-Chancellor (d) The Registrar. (e) Two nominees of the Government of Arunachal Pradesh. (f) Two nominee of the World Institution Building Programme. 5c (g) Two Dean of the Faculties. (h) Two experts to be nominated by the Chancellor. 3. (1). The Chancellor shall be Chairperson of the = Chaiperson, Governing Council. Vice- (2) ThePro-Chancellor shall be the Vice-Chairperson Chairperson of the Governing Council. and (3) In the absence of the Pro-Chancellor, the Vice Secretary. Chancellor will act as the Vice-Chairperson of the Gaverning Council. < (4) The Registrar shall be the Secretary of Governing Council. /* 4. (1) The term of office of the Governing Council shall, The term of subject to sub-clauses (2) and (3), be five years : office of the Provided that the term of office of the first members of Governing Council will expire on constitution of the Goveming the regulation Governing Council under the Council. provisions of the Schedule. (2) © Where a member of the Governing Council has become such member by reason of the office or appointment he holds; or is nominated member, his membership shall terminate when he ceases to hold such office appointment or, as the case may be, his nomination is withdrawn or cancelled. (3) A member of the Governing Council shall cease to be a member, if he resigns or becomes of unsound mind, or becomes insolvent or is convicted of a criminal offence involving moral turpitude or if a member other than the Registrar. accepts a full time appointment in the University or if he fails to attend three consecutive meeting of the Governing Council without the leave of the Chairperson. (4) The member of the Governing Council may resign from his office by a letter addressed to the Chairperson and such resignation shall take effect as soon as the resignation has been accepted by . him. (5) - Any vacancy in the Governing Council shall be filled either by appointment or nomination, as the case may be, of a person by the respective authority entitled to make the same and the persons so es appointed or nominated shall hold office so long until the member in whose place he is appointed or nominated could have held the office if the vacancy have not occurred. Powersand 5. (1) The Governing Council shall have all the powers Functions of necessary for administration and management the Governing of the University or for conducting the affairs of Council. the Academic Senate, the Finance Committee and all other committees and the power to review the regulations made by the Executive Com- mittee and shall exercise the powers of the University not other wise provided in this Act. (2) Without prejudice to the generality of the powers conferred by sub-clause (1), the Governing Council shall : - (a) ‘Recommend the broad policies and programmes of the University and suggest measures for the improvement and development of the University; (b) Consider and pass the resolution on the annual report, the financial estimate and the audit report on such accounts: (c) Perform such other functions as it may deem necessary in the proper functioning and administration of the University. (3) Without prejudice to the generality of the powers conferred by sub-clauses (1) and (2), the Governing Council shail perform the following functions, namely :- (a) take steps for achieving the objectives of the University; (b) hold control and administer the property and funds of the University ; (c) acquire and hold any movable or immovable property on behalf of the University; (d) administer any funds placed at the disposal of the University for specific purposes; (e) manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the Institute and for that purpose appoint such agent as it may think fit; (f) Invest the money belonging to the University (including any income from trust and endowed property) in such stocks, funds, shares or securities as it may, from time to time, think fit and appropriate; (g) enter into, vary, carry out and cancel contracts on behalf of the University; (h) regulate and determine all other matters concerning the University in accordance with the provisions of the Act and the rules and regulations made thereunder : (i) delegate any of its powers to a committee or the Vice- Chancellor or to any Officer of the University; and (j) co-operate with the other Institutions and Universities and ‘other authorities in such manner and for such purpose as it may be determined Meeting ofthe 6. (1) The Governing Council shall meet at least oncein Goveming ayear. Annual meeting of the Governing Council Council. shall be held on a date to be fixed by the Executive Committee, unless some other date has been fixed by the Governing Council in respect of any year. (2) The Chairperson shall preside over the meetings of the Governing Council and in his absence the Vice-Chairperson shall preside over the meeting and in the absence of both of them, the Registrar shall preside. Provided that the Chancellor may attend the meeting of the Governing Council and if he so attends a meeting, he shall preside over the same. (3) Areport of the working of the University during the previous year, together with a statement of receipt and expenditure, the balance sheet as audited and the financial statement shall be presented by the Registrar to the Governing Council at its annual meeting. i (4) The meeting of the Governing Council shall be called by the Chairperson, or in his absence by the Registrar either in his own or at the request of t notless than five members of the Governing Council. (5) Forevery meeting of the Governing Council fifteen days notice shall be given. (6) Two-thirds of the Members of the Governing Council shall form the quorum (7) Each member shall have one vote and if there being equality of vote on any question to be determined by the Governing Council, the Chairperson cr the person presiding over the meeting, shall, in addition, have a casting vote. (8) In the case of difference of opinion among the members, the opinion of the majority shall prevail (9) Ifurgentaction by the Governing Council becomes necessary, the Chairperson may permit the business to be transacted by the circulation of papers to the members of the Governing Council. The action proposed to be taken shall not be taken unless agreed to by a majority of the members of the Governing Council. The action so taken shall be forth with intimated to all the members of the Governing Council and the papers shall be placed before the next meeting of the Governing Council for confirmation. 7. (1) The Executive Committee shall consist of the Meeting of following members, namely, the Executive Committee. (a) The Chancellor (b) The Pro-Chancellor. (c) The Vice-Chancellor. (d) The Registrar. (e) One nominee of the-Government of +1 Arunachal Pradesh. (f) The Dean of one of the faculties. {g) The Finance Officer. (h) One nominee of the WIBP. _ (i) One nominee of the Chancelior (2) The Chancellor shall be the Chairperson of the Executive Committee. 8. (1) When a person has become a member of the The Terms Executive Committee by reason of the office or of office of appointment he holds, his membership shall the Executive terminate when he ceases to hold that office on Committee. appointment. {2) A member of the Executive Committee shall cease to be a member if he resigns or becomes of unsound mind or insolvent or if he is convicted of a criminal offence involving moral turpitude or if a member other than the Registrar ora member of a faculty accept a full time appointment in the University or if he fails to attend three consecutive meetings of the Executive Committee without the leave of the Chairperson of the Executive Committee. (3) Unless the membership of the Executive Committee is previously terminated as provided in the above sub-clause, members of the Executive Committee other than the ex-officio members shall relinquish membership on the expiry of the three years from the date on which he has become member of the Executive Committee but shall be eligible for re-nomination or re-appointment, as the case may be Provided that the term of the first Exe- cutive Committee shall be five years. (4) The member of the Executive Committee other than the ex-officio members may resign his office by a letter addressed to the Chairperson of the Executive Committee and such resignation shall take effect as soon as it has been accepted by the Chairperson of the Executive Committee. Powers and 9. The Executive Committee shall have the following Functions of powers and functions namely : - the Executive (1) Toappaint, from time to time, the Registrar, the Committee. Director, the Librarian, the Professor, Readers, Associated Professors, Assistant Professors and other members of teaching staff, as may be necessary, (2) To appoint, from time to time, such number of other officers, employees and on such terms and \ conditions as it may deem fit for carrying out the management and affairs of the University; (3) To create administrative, ministerial and other necessary post, and to determine the emoluments of such positions, to specify minimum, qualifications for appointment to such posts subject to such law, as may be applicable, and for the time being in force, and to appoint persons to such posts on such terms and conditions of services as may be prescribed by the regulations made in this behalf, after delegating the powers of appointment to such authority or authorities or office or officers as the Executive Committee may, from time to time, by resolution, generally or specifically, direct; (4) To exercise, control and discipline over the employees of the University; (5) To accept on behalf of the University, endowment, bequests, donations, grants and transfers of any immovable property; (8) Toreceive money, securities, instruments or any other movable properties for and on behalf of the University; (7) To grant receipts, sign and execute instruments and endorsements, discount cheques other negotiable instruments through its accredited agencies; (8) To make, sign and account of such documents and instruments as may be necessary or proper for carrying out the management of the property or affairs of the University; (9) To introduce courses of study at the University and to take decision on the recommendations of the Academic Senate; (10) To co-operate and co-opt. with other educational and medical institutions and authorities in India and abroad; (11) To create fellowships and scholarships or other assistance on such terms and conditions, as it may prescribe, to such persons as it may select to carry out research, investigation or study; (12) To propose regulations for consideration and adopt of the Governing Council, (13) To grant in accordance with the regulations leave of absence other than casual leave to-any officer of the University and to make necessary arrangements for the discharge of the functions of such officer during his absence; (14) To manage and regulate finances, accounts, investments, property, business and all other administrative affairs of the school and for that purpose to appoint such agents, as it may think fit; (15) To invest any money belonging to the University, Including any unapplied income, in such stock, i funds, shares or securities, as it may from time to time, think fit or in the purchase of immovable . property in India, with the like power of varying such investments from time to time; (16) To transfer or accept transfers of any movable or immovable property on behalf of the University; (17) To enter into, vary, carry out and cancel contracts on behalf of the University and for that purpose to appoint such officers, as it may think fit; (18) To provide to buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University; . (19) To entertain, adjudicate upon, and if it thinks fit, to redress any grievances of the officers of the University, the teachers, the students and the University employees, who may, for any reason, feel aggrieved, otherwise than by an Act of a Court. (20) To appoint examiners and moderators, and if necessary to remove them and to fix their fees, emoluments and travelling and other allowances, after consulting with the Academic Senate; (21) To select a common seal for the University and to provide for the custody of the seal; and “(22) To exercise such other powers and to perform such other duties as may be conferred or imposed on it by or under this Act. 107 (1) © The Executive Committee shall‘ meet at least Meeting once in six months and not less than 15 days of the notice shall be given for such meeting. Executive (2) Four members of the Executive Committee shall Committee. constitute a quorum for any meeting thereof. (3) In case of difference of opinion among the members, the opinion of the majority shall prevail. (4) Each member of the Executive Committee shall ) have one vote if there shall be equality of votes on any question to be determined by the Executive Committee, the Chairperson of the Executive Committee or the person presiding over the meeting, shall, in addition, have a casting vote. (5) Everymeeting of the Executive Committee shall be presided over by the Chairperson and in his absence by a member chosen by the members present to preside on the occasion. (6) If iurgent action by the: Executive Committee becomes necessary, the Chancellor may permit the business.to be transacted by circulation of papers of the members of the Executive Committee. (7) The action proposed to be taken shall not be so taken unless agreed to by the majority of the members of the Executive Committee. The action so taken shall be forthwith intimated to all the members of the Executive Committee and the papers shall be placed before the next meeting of the Executive Committee for confirmation. 11. (1) Subject to the provisions of this Act and the Constitution regulations made in this behalf, the Executive of a standing bi Committee may, by resolution, constitute such Committee standing committee or appoint Ad hoc and appoint- Committees for such purposes and with such ment of Ad hoc powers as the Executive Committee may think committee by fit for exercising any power for discharging any 0 Executive function of the university or for enquiring into, Committee. reporting or advising upon any matter relating to . the Institute. (2) The Executive Committee may co-opt. such person to the Standing Committee or Ad hoc Committee as it consider suitable and permit them to attend the meeting of the Executive Committee Delegationof 12. Executive Committee may, by resolution, delegate powers by to the Registrar or to a committee such of its power the Executive as it may deem fit subject to the condition that the committee. action taken by the Registrar or such committee in the exercise of powers so delegated shall be reported atthe next meeting to the Executive Committee Membership “13. (1) TheAcademic Senate shall consist of the following ofthe persons, namely :- fcademic (a) Vice - Chancellor - Chairperson (b) Registrar - Secretary : (c) Deans of the Faculties: (d) Four professors from the faculty members nominated by the Vice-Chancellor. (e) Two nominee of the Chancellor. (f) Four external experts nominated by the Chancellor. . ” (2) The term of office of the members other than ex-officio members shall be three years. Provided that the terms of the first Academic Senate shall be five years. Powers and 14. Subject to the provisions of this Act and the regulations, duties of the the Academic Senate shall, in addition to all other Academic powers vested in it, have the following powers, namely :- Senate. (1) To report any matter referred or delegated it by the Governing Council of the Executive Committee; (2) To make recommendations to the Executive Committee with regard to the creation, abolition or classification of teaching posts in the University and the emoluments and the duties attached thereto ; 141 > (3) To formulate and modify or revise schemes for the organization of the faculties, and to assign to such faculties their respective subjects and also to report to the Executive Committee as to the expediency of the abolition or sub-division of any faculty or the combination of one faculty with another. (4) To make arrangements through regulations for the instruction and examination of persons other than those enrolled in the University and (5) To promote research with the University and to require, from time to time, reports on such research; (6) To consider proposal submitted by the facuities; (7) To appoint committees for admission to the University. (8) To recognize diplomas and degree of other Universities and institutions and to determine their equivalence in relations to the diplomas and degrees of the University; (9) To fix, subject to any conditions accepted by the Governing Council, the time, mode and conditions of competition of fellowship, scholarships and other prizes, and to award the same; (10) To make recommendations to the Executive Committee in regard to the appointment of examiners and if necessary their removal and the fixation of their fees, emoluments and travelling and other expenses; (11) To make arrangements for the conduct of examinations and to fix dates for holding them; (12) To declare the result of the various examinations, or to appoint committees or officers to do so, and to make recommendations regarding the conferment or grant degrees, honours, diplomas, licenses, titles and marks of honour; (13) To award stipends, scholarships, medals and prizes and to make other awards in accordance with the regulations and such other conditions as may be attached to the awards; (14) To publish lists of prescribed or recommended text-books and to publish syllabus of the prescribed courses of study; (15) To prepare such forms and registers as are, from time to time, prescribed by regulations; and (16) To perform, in relations to academic matters, all such duties and to do all such acts as may be necessary for the proper carrying out of the provisions of this Act and the regulations. Procedure 15. (1) TheAcademic Senate shall meet as often as may of the be necessary, but not less then two times during Meetings of and academic years. the Academic (2) ‘One half of the total number of members of the Senate. Academic Senate shall form quorum for meeting of the Academic Senate. (3) Incase of difference of opinion among the members, the opinion of the majority shall prevail. _ (4) Each member of the Academic Senate, including the Chairperson of the Academic Senate shall have one vote and if there shall be an equality of votes on any question to be determined by the Academic Senate, the Chairperson of the Academic Senate or, as the case may be, the member presiding over the meeting, shall, in addition, have a casting vote. (5) Every meeting of the Academic Senate shall be presided over by the Chairperson of the Academic Senate and in his absence, by a member.chosen by the meeting to preside on the occasion. (6) If urgent action by the Academic Senate becomes necessary, the Chairperson of the Academic Senate may permit the business to be transacted by circulation of papers to the members of the Academic Senate. The action proposed to be taken shall not be taken unless agreed to by a majority of members of the Academic Senate. The action so taken shall be forthwith intimated to all the members ofthe Academic Senate. The papers shall be placed before the next meeting of the Academic Senate for confirmation. 16. (1) There shall be a Finance Committee constituted by Finance the Academic Senate consisting of the following, Commissioner. namely:- (a) The Chancellor (b) The Pro-Chancellor. (c) The Vice-Chancellor. (d) The Registrar (e) The Finance Officer. (f) A nominee of the State Government of Arunachal Pradesh, (g) Two nominees of the Governing Council. (h} Two nominees of the WIBP (2) The members of the Finance Committee other than the ex-officio members shall hold office for a term of three years. (3) The functions and duties of the Finance Committee shail be as follows :- (a) to examine and scrutinize the annual budget of the University and to make recommendation on financial matters to the Executive Committee. (b) to consider all proposals for new expenditure and to make recommendations to the Executive Committee. (c) to examine the annual accounts of the University and advice the Executive Committee thereon (d) to examine the annual budget estimate and advice the Executive Committee thereon. (e) toreview the financial position of the University from time to time. (f) to make recommendations to the Executive Committee on all financial matters relating to the University, and (g) to make recommendations to the Executive Committee on all proposals involving the raising of funds, receipts and expenditure. (4) The Finance Committee shall meet at least twice in every year. Three members of the Finance Committee shall form the quorum. (5) The Chancellor shall preside over the meeting of the Finance Committee and in his absence, the Vice- Chancellor shall preside. (6) In the case of difference of opinion among the members, the opinion of the majority of the members present shall prevail. Director. 17. (1) The Director of the Institute shall be appointed by Chancellor in accordance with the rules made by it in this behalf. (2) The Director shall be an academic person possessing such qualifications as may be prescribed by the rules or regulations. (3) The Director shall be a whole time officer of the Institute and shall exercise powers of management and administration of the Institute. Heads of 18. (1) There shall be a head of the department for each Departments of the department in the University. (2) The powers, functions, appointments and the conditions of service of the heads of the department shall be as prescribed by regulations. Boards of 19. (1) There shall be a Board of studies for each faculty Studies. in the University. (2) The constitution and duties of the Boards of studies shall be such as may be prescribed by regulation. 20. (1) Subject to the regulations made for the purpose, ~ Other every other officer or employee of the University officers and shall be appointed under a written contract setting Employees out the conditions of service as prescribed by the regulations which shall be lodged with the University and a copy thereof furnished to the officer or employee concerned. (2) While making employments in the University and the Institutions under it, the University shall safeguard the interests of the local people of the State. (3) Any dispute arising out of the contract between the University and any of its officers or employees shall, atthe request of the officer or the employee concerned, or at the instance of the University be referred to a Tribunal for arbitration consisting of three members appointed by the Executive Committee as prescribed by the regulations. 21. Allthe permanent employees of the University shall Provident Fund, be entitled to the benefit of the provident fund and Gratuity, and gratuity in accordance with such regulations as may Pension and be framed in that behalf by the Executive Committee. any other benefit Scheme. 22. (1) There shall be a fund for the University which shall funds of the include:- university and (a) any contribution or grant made by the World €ndowment Institution Building Programme; fund. (b) any bequests, donations, endowments or other grants made by the private individuals or institutions; (c) income received by the University from fees and charges; and (d) amounts received from any other sources. (2) - The amount in the said fund shall be kept in a Scheduled Bank as defined by the Reserve Bank of India Act, 1934 or in the corresponding new Bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 or may be invested in such securities authorized by the Indian Trusts Act, 1882, as may be decided by the Governing Council. (3) The fund may be operated for such purposes of University and in such manner as may be prescribed by regulations. (4) () The sponsoring body shall establish an Endowment Fund for the University with an amount of three crores rupees which shall be pledged to the Government. (ii) The Endowment Fund shall be kept as security deposit to ensure strict compliance of the provisions of this Act, rules, regulations, statutes or ordinances made there under. (ii) The Government shall have the power to forfeit, in the prescribed manner, a part or whole of the Endowment Fund in case the university or the sponsoring body contravenes any of the provisions of this Act, rules, statutes, ordinances or regulations made there under. (iv) Income from Endowment Fund shall be utilized for the development of infrastructure of the university but shall not be utilized to meet out the recurring expenditure of the university. (v) The amount of Endowment Fund shall be kept invested, until the dissolution of the university, by way of Fixed Deposit Accounts in any Scheduled Bank subject to the condition that this Fund shall not be withdrawn without the permission of the Government. (5) The university shall be self-financed as it shall not be entitled to receive any grant or other financial assistance from the Government. 23. (1) The Annual Accounts of the University shall be Annual prepared under the directions of the Executive Accounts Committee. and Audit (2) The accounts of the University shall, at least once in ayear, be audited by the auditors appointed by the Executive Committee. Provided that the State Government shall have the power to direct, whenever considered necessary, an audit of the account of the University, including the institutions managed by it, by such auditors, as it may specify. (3) The accounts when audited shall be published by the Executive Committee and a copy of the accounts together with the audit report shall be placed before the Governing Council and also shall be submitted to the State Government. (4) _ The Annual Accounts shall be considered by the Governing Council at its annual meeting. The Governing Council may pass resolutions with reference thereto and communicate the same to the Executive Committee. The Executive Committee shall consider the suggestions made by the Governing Council and take such action thereon as it thinks fit. The Executive Committee shall inform the Governing Council at its next meeting all action taken by it or the reasons for not taking action 24. (1) The Executive Committee shall prepare before Financial such dates as may be prescribed by the Estimates regulations, the financial estimatesfor the ensuring year and place the same before the Governing Council. (2) The Executive Committee may, in case where the expenditure in excess of the amount provided in the budgets is to be incurred or in cases of urgency, for reasons to be recorded in writing, incur expenditure subject to such restrictions and conditions specified in the regulations. Where no provision has been made in the budget in respect of such excess expenditure a report shall be made to the Governing Council at its next meeting Annual 25. (1) The Executive Committee shall prepare the annual Report. report containing such particulars as the Governing Council may specify, covering each financial year and submit it to the Governing Council on or before such date as may be prescribed by the regulations. The Governing Council may pass resolutions thereon and the Executive Committee shall take action in accordance therewith. The action taken shall be intimated to the Governing Council. (2) Copies of the annual report along with the resolution of the Governing Council thereon shall be submitted to the State Government. The State Government shall lay the same before the State Legislature at their next earliest session. Executionof 26. All contracts relating to the Management and Contracts. administration of the University shall be expressed to have been made by the Executive Committee, and shall be executed by Vice-Chancellor when the value of the contract is above ten lakhs of rupees and by the Registrar, when its value does not exceed ten lakhs of rupees. Eligibility for 27. (1) No student shall be eligible for admission to a Admission course of study for a degree or diploma, unless of Students. he possesses such qualifications as may be prescribed by the regulations. (2) The University shall give preference to local people of the State while granting admission to the institutions under it. 28. Every students of the University shall reside ina hostel Residence maintained or recognized by the University or under of Students. such conditions as may be prescribed by the regulations. 29. The Academic Senate shall recommend that an Honorary honorary degree of academic distinction be conferred Degrees on any person on the ground that if he is in their opinion by reason of eminent attainment and position, fit and proper to receive such degree or academic distinction, the Governing Council may, by a resolution, decide that the same may be conferred on the person recommended. 30. (1) The Governing Council may, on the recom- mendation of the Academic Senate, withdraw any as oF distinction, degree, diploma or privileges conferred or Diplortia, granted to any person by a resolution passed by the P02: majority of the total membership of the Governing Council and by a majority of not less than two-thirds of the members of the Governing Council present and voting at the meeting, if such person has been convicted by a court of law for an offence, which in the opinion of the Governing Council involves moral turpitude or if he has been guilty of gross misconduct. (2) Noaction under this section shall be taken against any person unless he has been given an opportunity to show cause against the action proposed tobe taken. (3) Acopy of the resolution passed by the Governing Council shall be immediately sent to the person concerned. (4) Any person aggrieved by the decision taken by the Governing Council may appeal to the 5 Chancellor within thirty days from the date of the receipt of such resolution (5) The decision of the Chancellor in such appeal shall be final. Discipline. 31. (1) The final authority responsible for maintenance of discipline among the students of the University shall be the Vice-Chancellor. His directions in that behalf shall be carried out by the Heads of the University, hostels and Institutions. (2) Notwithstanding anything contained in sub-clause (1), the punishment of debarring a student from the examination or restriction from the University ora hostel or an institution, shall on the report of the Vice-Chancellor be considered and imposed by the Executive Committee: Provided that no such punishment shall be imposed without giving to the student concerned areasonable opportunity to show cause against the action proposed to be taken against him Sponsored 32. Whenever the University receives funds from any Scheme. agencies sponsoring a scheme to be executed by the University, notwithstanding anything in this Act and Regulations:- (a) the amount received shall be kept by the University separately from the University Fund and utilized only for the purpose of . the scheme; and (b) the staff required to execute the scheme shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organization.
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