Vidhi Codex

section 7

Control of State Government on University.

The Maharashtra COEP Technological University Act, 2022
Education202288 sections
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Statutory text
  1. (1) Without prior permission of the State Government, the University shall not,-
    • (a) create new posts of teachers, officers or other employees, which will impose additional financial liability on the State Government exchequer;
    • (b) revise the pay, allowances, post-retirement benefits and other benefits of its teachers, officers and other employees, who are appointed and established on State Government sanctioned posts ;
    • (c) grant any special pay, allowance or other extra remuneration of any description whatsoever, including ex-gratia payment or other benefits having financial implications, to any of its teachers, officers or other employees of the University appointed on State Government sanctioned posts from the State Government funds ;
    • (d) divert any earmarked funds received from the State Government for any purpose other than that for which it was received ;
    • (e) incur expenditure on any development work from the funds received from the State Government for the purposes other than the purposes for which the funds are received.
  2. (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, organizations 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 programmes ;
    • (d) charges received from sponsored research and consultancy and testing ;
    • (e) development fund or any other funds 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 ;
      • (iii) starting any academic programmes 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. (3) The State Government may, in accordance with the provisions contained in this Act, for the purpose of securing and maintaining uniform standards in the University, 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 favor of members of the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, and Other Backward Classes, duties, workload, pay, allowances, postretirement benefits, other benefits, conduct and disciplinary matters and other conditions of service of the officers, teachers and other employees of the University and the teachers 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. (4) (a) Qualifications and experience for the purpose of appointment of teaching employees in the University shall be, accordance with the norms laid down by the University Grants Commission, All India Council of Technical Education or any other regulatory authority as the case may be.
    • (b) Qualifications and experience for the purpose of appointment of nonteaching employees in the University shall be such as may be prescribed in the Statutes, in accordance with the norms laid down by the State Government.
  5. (5) 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 and Director-Board of Examinations and Evaluation, for a period of not more than one year at a time and not more than two years in the aggregate.
  6. (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 within such period as specified by the State Government ; 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, within such period as specified by the State Government, as to why the directives were not complied with. If the university fails to give the reasons within the period specified by the State Government or the State Government is not satisfied with the explanation, it may refer the matter to the Chancellor for taking necessary action under sub-section (3) of section 8.
  7. (7) The State Government shall carry out test audit or full audit of the accounts of the University regularly at such intervals as it may deem fit.

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