Bare Act
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32. Condition of Service of Employees
Miscellaneous
- (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) Disciplinary action against the students/ employees shall be governed by procedure prescribed in the Statutes.
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33. Right to appeal
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.
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34. Provident Fund and Pension
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.
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35. Disputes as to constitution of University authorities and bodies
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 or whose decision thereon shall be final.
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36. Constitution of Committees
Any authority of the University mentioned in section 19, 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.
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37. Filling of Casual Vacancies
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/she fills would have been a member.
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38. Protection of action taken in good faith
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 & Regulations.
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39. Transitional Provision
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 officer for a term of three years;
- (b) The First Registrar and the First Finance Officer shall be appointed by the Chancellor who shall be, hold office for a term of three years;
- (c) The First Board of Governors shall hold office for a 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.
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40. Endowment Fund
- (1) 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.
- (2) The Endowment Fund shall be kept as security deposit to ensure strict compliance of the provisions of this Act, rules, regulations, statutes or ordinances as made there under.
- (3) 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.
- (4) 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.
- (5) 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.
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41. General Fund
- (1) The University shall establish a general fund to which the following amount shall be credited namely;
- (a) All Fees which may be charged by the University;
- (b) All sums received from any other sources;
- (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.
- (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 thereto incurred by the University for the purposes of this Act, 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 section 42;
- (d) Meeting the expenses of any suit or proceedings to which University is a party;
- (e) The payment of salaries and allowance 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 travelling and other allowances of the members of the Board of Governors, the Board of Management, Academic Council, and other authorities so declared under the Statutes, Rules & Regulations of the University and of the members of any committee of 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;
- (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 rules of the University under the provisions of this Act;
- (h) The payment of expenses incurred by the University in carrying out the provisions of this University Act, and the Statutes or the rules & regulations made thereunder;
- (i) The payment of cost capital not exceeding the privilege bank rate of interest, incurred by the Sponsor for setting up the University 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 of any other expense including a management fee payable to any organization charged with the responsibility of Managing the University on behalf of Sponsoring Body, as approved by the Board of Management to be an expense for the purpose 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 years as may be fixed by the Board of Management without the prior approval of the Board of Management;
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42. Provided further that the General fund shall be applied for the object specified under sub-section (2) with the prior approval of the Board of Management of the University.
Development Fund
- (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/ 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) The funds credited to the development fund from time to time shall be utilized for the development of the University.
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43. Maintenance of Fund
The funds established under sections 41, 42 and 43 shall be regulated and maintained in such manner as may be prescribed by Statutes.
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44. Annual Report
- (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 modifications;
- (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 31 following close of the financial year in March 31 each year
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45. Account and Audit
- (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) The annual accounts of the University shall be audited by a Chartered Accountant, who is the member of Institution of Chartered Accountants of India, to be appointed by the Board of Management on mutually agreeable terms for a period of three years;
- (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 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 observation thereon on or before December 31 each year;
- (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.
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46. Mode of Proof of University Report
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 therefore would, if produced, have been admissible in evidence.
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47. Power of State Government to call for the information and records and dissolution of the University
- (1) (i) It shall be the duty of the University or any authority or officers 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.
- (ii) The State Government, if it is of the view that there is a violation of the provisions of the Act or the statutes or ordinance made thereunder, may issue such directions to the university as it may deem necessary.
- (2) (i) 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;
- (ii) 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;
- (iii) 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;
- (iv) On receipt of the notice referred to in Sub-Section (1), the State Government shall in consolation with the regulatory bodies make such arrangements for administration of the University for the proposed date of dissolution of University by the Sponsor and until the last batch of Students in regular courses of studies of the University complete their courses of studies in such manner as may be prescribed by the Statutes.
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48. Expenditure of the University during dissolution
- (1) The expenditure for administration of the University during the taking over period of its endowment fund, management fund, the general fund or the development fund;
- (2) If the funds referred to sub-section (1) are not sufficient to meet the expenditure of the University during the taking or 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; Provided that, notwithstanding anything contained in this section, the State Government may issue such directions from time to time to the university on policy matters not inconsistent with the provisions of this Act, as it may deem necessary which shall be complied with by the university.
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49. Laying of Statutes and Rules
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.
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50. Removal of Difficulties
- (1) If any difficulty arises in giving effect to the provisions to this Act, the State Government may, by a notification or order, 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) Every order made under sub-section (1) shall as soon as may be after it is made, be laid before the State Legislature.
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51. Savings
-1 Notwithstanding anything contained in this Act, all rules, orders, notifications, scheme, bye-laws, regulation, circular, office memoranda issued by the State Government in pursuance of the Arunachal Pradesh and other Institutions of Higher Education (Establishment and Regulations) Act, 2010 (No. 6 of 2010) shall mutatis mutandis apply to the University until the same is superseded by the State Government.
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