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) Disciplinary action against the employees shall be governed by procedure prescribed in the Rules.

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 college and thereupon the Board of Management may confirm, modify or change the decision appealed against.

The University shall constitute for the benefit of its employees provident fund, pension fund or gratuity fund, and provide for 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 19 shall be empowered to constitute a committee of such authority consisting of such members 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 up was chosen, and the person filling the vacancy shall be a member of such authority or body for the residual period of the term for which the person whose place he fills would have been a member.

No suit or other legal proceedings shall lie against any officer or employee of the University for anything which is done in good faith or intended to be done in pursuance of the provisions of this Act, the Statutes or the Rules.

Notwithstanding anything contained in any other provisions of this Act, the Statutes or Rules: (1) The members of the first Board of Governors shall hold office for a term not exceeding five years. (2) The first Board of Management, the first Finance Committee, and the first Academic Council shall be constituted by the Chancellor for a term not exceeding five years. (3) The first Vice-Chancellor, the first Registrar and the first Chief Financial Officer shall be appointed by the Chancellor and they shall hold office for a term not exceeding four years as the Chancellor may determine.

1. (1) The University shall establish an Endowment Fund of at least Rupees two crores and paid in one installment and the amount is to be kept in the custody of the Director of Higher and Technical Education, Meghalaya, Shillong in the form of a FDR. (2) The University may transfer any amount from the general fund or the development fund to the endowment fund. Excepting in the event of dissolution of the University in no other circumstances can any monies be transferred from the endowment fund for other purposes. (3) Not exceeding 75 of the income received from the endowment fund shall be used for the purposes of development works of the University. The remaining 25 shall be reinvested into the endowment fund.

1. (1) The University shall establish a General Fund to which the following amount shall be credited: (i). All fees charged by the University; (ii). All sums received from any other source; (iii). All contributions made by the Sponsor; (iv). 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. (2) The funds credited to the General Fund shall be applied to meet the following payments: (i). Repayment of debts including interest charges incurred by the University for the purposes of this Act, the Statutes, and Rules made thereunder; (ii). Upkeep of the assets of the University; (iii). Payment of the cost of audit; (iv). Meeting the expenses of any suit or proceedings to which University is a party; (v). Payment of salaries and allowances of the officers and employees of the University, members of the teaching and research staff, and payment of any Provident Fund, contribution to pension, gratuity or other benefits to any such officers, employees, and members of the teaching and research staff; (vi). Payment of traveling and other allowances of the members of the Board of Governors, Board of Management, Academic Council, Finance Committee, and other authorities so declared under the Statutes of the University and of the members of any committee or 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 there under; (vii). Payment of fellowship, scholarship, assistantship and other awards to students, research associates or trainees eligible for such awards under the Statutes or Rules of the University, or under the provisions of this Act; (viii). Payment of any expenses incurred by the University in carrying out the provisions of this Act, and the Statutes or the Rules made there under; (ix). Payment of cost of capital not exceeding the prevailing bank rate of interest, incurred by the Sponsor for setting up the University and the investments made thereof; (x). Payment of charges and expenditure relating to the consultancy work undertaken by the University in pursuance of the provisions of this Act, the Statutes, and the Rules made there under; (xi). Payment of any other expenses including management fee payable to any organization charged with the responsibility of managing the University on behalf of the Sponsor as approved by the Board of Management to be an expense for the purposes of the University; (xii). 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 year as may be fixed by the Finance Committee or the Board of Governors without the previous approval of the Finance Committee or by the Board of Governors; (xiii). Provided further that the General Fund shall be applied for the objects specified under sub Section (2) with the approval of the Finance Committee of the University.

1. (1) The University shall also establish a Development Fund to which the following funds shall be credited: (i). Development fees which may be charged to the students; (ii). Sums received from any other source for the purposes of the development of the University; (iii). Contributions made by the Sponsor; (iv). 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; and (v). Share of income received from the investment of endowment fund; (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 Sections 41 and 42 shall, subject to the general supervision and control of the Board of Governors, be regulated and maintained in such manner as may be prescribed.

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

1. (1) All funds accruing to or received by the University from whatever source and all amounts disbursed or paid shall be entered in the accounts maintained by the University. (2) The annual financial statements of the University consisting of the Income & Expenditure Account and Balance Sheet shall be prepared under the direction of the Finance Committee. (3) The annual financial statements of the University shall be audited every year by a chartered accountant, who is a member of the Institute of Chartered Accountants of India. (4) A copy of the annual financial statements together with the auditor’s report shall be submitted to the Board of Governors on or before December 31 following the close of the financial year on March 31 each year. (5) The annual financial statements and the auditor’s 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 observations thereon, if any, on or before December 31 each year. (6) In the event of any material qualifications 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 of any receipt, application, notice, order, proceeding or resolution of any authority or committee of the University or other documents in possession of the University or 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 or document or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein recorded where the original thereof would, if produced have been admissible in evidence.

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 three months’ notice in writing to the state Government. (2) On identification of mismanagement, mal-administration, indiscipline, failure in the accomplishment of the objects of the University, economic hardships in the management system of the University, or 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) 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) On receipt of the notice referred to in sub-Section (1) the State Government shall, in consultation with the UGC make such arrangements for administration of the University from the proposed date of dissolution of the University by the Sponsor and until the last batch of students in regular courses of study in the University complete their courses of study in such manner as may be prescribed by the Statutes.

1. (1) The expenditure for administration of the University during the period of taking over its management under Section 47 shall be met out of the endowment 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 period of taking over its management, such expenditure may be met by disposing of the properties or assets of the University by the State Government.

Every Statute or Rule made under this Act shall be laid as soon as may be after it is made on the table of the Legislative Assembly.

Notwithstanding anything contained in this Act, the establishment, maintenance of standards and any other matter concerning this University including affiliation of colleges, constituent colleges, study center and regional centers shall be subject to the UGC (Establishment and Maintenance of Standards in Private University) Regulation, 2003 as amended from time to time and any other Regulation or direction as may be issued by the UGC from time to time. The University will also fall within the purview of the Meghalaya Private Universities Regulatory Board.

1. (1) If any difficulty arises in giving effect to the provisions of 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 or order under sub-Section (1) shall be made after the expiration of a 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.