Chapter XI MISCELLANEOUS

(1) It shall be the duty of every authority or body and officer of the university to ensure that the interests of the university are duly safeguarded. (2) If it is found that a damage or loss has been caused to the university by any action on the part of any authority or body or officer of the university, not in conformity with the provisions of this Act, Statutes, Ordinances or Regulations, except when done in good faith, or any failure so as to act in conformity thereof, by willful neglect or default on its or his part, such damage or loss shall be liable to be recovered from the authority or body or the concerned members thereof, jointly or severally, or from the officer concerned, as the case may be, in accordance with the procedure prescribed by the Statutes.

(1) A teacher or a non-teaching employee shall not be disqualified for continuing as such teacher or a non-teaching employee merely on the ground that he has been selected or nominated as a member of the Legislative Assembly of the State or of the Parliament. (2) A teacher or a non-teaching employee selected or nominated as a member of the Legislative Assembly of the State, or of the Parliament shall be entitled to treat the period of his membership of the Legislative Assembly or of the Parliament as on leave without salary and allowances. (3) A teacher or a non-teaching employee referred to in sub-section (2) shall also be entitled to count the period of his membership of the Legislative Assembly or of the Parliament for the purposes of pension, seniority and increments.

If any question arises regarding the interpretation of any provision of this Act, or of any Statutes, Ordinance or Regulation or Rule, or whether a person has been duly appointed or nominated or co-opted as a member or is entitled to be a member of any authority or body of the university, the matter may, be referred, on petition by any person or body directly affected or suo motu by the Vice-Chancellor to the State Government, who shall after taking such advice as thinks necessary, decide the question, and the decision shall be final : Provided that, such reference shall be made by the Vice-Chancellor upon a requisition signed by not less than one fourth members of the Board of Management.

(1) Without prior approval of the State Government, the university shall not, — (a) create new posts of teachers, officers or other employees; (b) revise the pay, allowances, post-retirement benefits and other benefits of its teachers, officers and other employees; (c) divert any earmarked funds received for any purpose other than that for which it was received; (d) transfer by sale or lease of immovable property; (e) incur expenditure on any development work from the funds received from the State Government or University Grants Commission (UGC) or any person or body for the purposes other than the purposes for which the funds are received; (f) take any decision regarding affiliated/constituent colleges or educational institution resulting in increased financial liability, direct or indirect, for the State Government. (2) The university shall be competent to incur expenditure, in consonance with the policies and directives of the State Government issued from time to time, from the funds received from, — (a) various funding agencies without any share or contribution from the State Government; (b) contributions received from individuals, industries, institutions, organisations or any person whosoever, to further the objectives of the university; (c) contributions or fees for academic or other services offered by the university for aided and self-supporting academic programme; (d) development fund, or any other fund established by the university; for the purposes of, — (i) creation of posts in various cadres; (ii) granting pay, allowances and other benefits to the posts created through its own funds provided those posts are not held by such persons, who are holding the posts for which government contribution is received; (iii) starting any academic programme on self-supporting basis; (iv) granting remunerations or incentives to its employees for performing any task assigned to them other than their regular duties and responsibilities; (v) incurring expenditure on any development work and on welfare activities of its students and employees: Provided that, there is no financial liability, direct or indirect, immediate or in future, on the State Government. (3) The State Government may, in accordance with the provisions contained in this Act, for the purpose of securing and maintaining uniform standards in all universities in the State, by notification in the Official Gazette, prescribe a Standard Code providing for the classification, manner and mode of selection, appointment, induction and advance training, field exposure, deputation and reservation of post in favour of members of the Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, and Other Backward Classes, duties, workload, pay, allowances, post-retirement benefits, other benefits, conduct and disciplinary matters and other conditions of service of the officers, teachers and other employees of the universities and the teachers and other employees in the affiliated/constituent colleges and recognised institutions (other than those managed and maintained by the State Government, Central Government and the local authorities) and the provisions for absorption of teachers and employees in the university departments, affiliated or conducted colleges and institutions who are aided and rendered surplus. However, the unaided teachers and employees who are rendered surplus in university departments, affiliated or conducted colleges and institutions shall not be eligible, for absorption at the aided vacancies in university departments, affiliated or conducted colleges and institutions Where such Code is prescribed, the provisions made in the Code shall prevail, and the provisions made in the Statutes, Ordinances and Regulations made under this Act, for matters included in the Code shall, to the extent to which they are inconsistent with the provisions of the Code, be invalid. (4) Notwithstanding anything contained in this Act, if the circumstances so require and the State Government considers it necessary to do so, it may appoint, on deputation, a suitable person possessing the requisite qualifications to perform the duties of the Registrar, Finance and Accounts Officer or the Director of the Board of Examinations and Evaluation, for a period of not more than one year at a time and not more than three years in the aggregate. (5) The State Government through any officer not below the rank of Joint Director, Higher Education or Technical Education shall have right to cause inspection of any affiliated, conducted, or autonomous college recognised institution or university department. (6) In case of failure of the university to exercise powers or perform duties specified in section 5, or where the university has not exercised such powers or performed such duties adequately, or where there has been a failure to comply with any order issued by the State Government, or under any other circumstances as the State Government may deem fit, the State Government may issue a directive to the university for proper exercise of such powers or performance of such duties or comply with the order; and it shall be the duty of the university to comply with such direction. In case, the university fails to comply with the directives, the State Government shall call upon the University to give reasons in writing as to why the directives were not complied with. (7) The State Government shall carry out test audit or full audit of the accounts of a university, college, school or institution, regularly at such intervals as it may deem fit. (8) Power of the State Government to issue directions/ notifications:- The State Government shall have absolute power to issue any direction/s or notification/s from time to time as may be required or may deem fit for compliance of any provisions which may be made by or not under this Act; it shall be mandatory for all Universities to implement covered in this Act.

All acts and orders done or passed in good faith by the university or any of its officers, authorities or bodies, or authorised person/s shall subject to the other provisions of this Act, be final; and accordingly, no suit or other legal proceedings shall be instituted against, or maintained, or damages claimed from the university or its officers, authorities or bodies for anything done or passed, or purporting to have been done or passed in good faith and in pursuance of the provisions of this Act and the Statutes, Ordinances and Regulations.

Subject to the provisions of this Act and the Statutes, any officer of the university may, by order, delegate his or its powers, except the power to make Statutes, Ordinances and Regulations to the immediate subordinate officer of the university, and subject to the condition that the ultimate responsibility for the exercise of the powers so delegated shall continue to vest in the officer delegating them.

No act or proceeding of the Board of Management or the Academic Council or any other authority or anybody or committee of the university, including a committee appointed by the State Government for the appointment of a Vice-Chancellor, shall be deemed to be invalid at any time merely on the ground that – (a) any of the members of any such authority, body or committee are not appointed, nominated or co-opted or for any other reason are not available to take office at the time of the constitution or to attend any meeting thereof or any person is a member in more than one capacity or there is any other defect in the constitution thereof or there are one or more vacancies in the offices of members thereof; (b) there is any irregularity in the procedure of any such authority, body or committee not affecting the merits of the matter under consideration, and the validity of such act or proceeding shall not be questioned in any court or before any authority or officer merely on any such ground.