THE MANIPUR PRIVATE UNIVERSITIES ACT, 2021
The Manipur Private Universities Act, 2021
1. Short title, extent and commencement
(1) This Act may be called the Manipur Private Universities Act, 2021. (2) It extends to the whole of the State of Manipur. (3) It shall come into force on such date as the State Government may, by Notification in the Official Gazette, publish.
2. Definitions
In this Act, unless the subject or context otherwise requires, - (i) "Academic Council" means the Academic Council of the University as constituted under section 26; (ii) "Act" means the Manipur Private Universities Act, 2021; (iii) "AICTE" means All India Council for Technical Education; (iv) "AIU" means Association of Indian Universities; (v) "Annual Report" means the annual report of the University as referred to in section 45; (vi) "Authority" means the authority of the University; (vii) "Board of Management" means the Board of Management of the University as constituted under section 25; (viii) "Campus" means the area of University within which it is established; (ix) "Chancellor" means the Chancellor of the University appointed under section 15; (x) "Constituent College" means a college or an institution run and maintained by the University; (xi) "DCI" means Dental Council of India; (xii) "Dean" means head of a Faculty of the University; (xiii) "DEC" means Distance Education Council; (xiv) "Distance Education System" means the system of imparting education through any means of information technology and communication such as multimedia, broadcasting, telecasting, online over internet, other interactive methods, e-mail, internet, computer, interactive talk back e-learning, correspondence course, seminar, contact programmes or a combination of any two or more of such means; (xv) "Employee" means an employee appointed by the University, and includes teachers and other staff of the University or of a constituent college; (xvi) "Endowment Fund" means the endowment fund of the University established under section 50; (xvii) "Faculty" means a Faculty of the University; (xviii) "Finance Committee" means the Finance Committee of the University; (xix) "Finance Officer" means the Finance Officer of the University appointed under section 19; (xx) "General Fund" means a general fund of the University established under section 51; (xxi) "Governing Body" means the Governing Body of the University constituted under section 24; (xxii) "ICAR" means the Indian Council of Agricultural Research, a trust registered under the Indian Trusts Act, 1882; (xxiii) "INC" means the Indian Nursing Council; (xxiv) "Internship" means on-job training, apprenticeship, or a professional training of students with academic studies; (xxv) "Internship Campus" means a centre established, maintained or recognized by the University for the purpose of Internship and Training or for rendering any other assistance including conducting contact classes and administering examinations required by the students; (xxvi) "MCI" means the Medical Council of India; (xxvii) "NCTE" means the National Council for Teacher Education; (xxviii) "Notification" means the notification published in the official Gazette; (xxix) "Off-Campus" means a campus of a University established by it outside the main campus (within or outside the State) operated and maintained as its constituent unit, having the University's complement of facilities, faculty and staff; (xxx) "Official Gazette" means the Gazette of Manipur; (xxxi) "Off-Shore Campus" means a campus of a University established by it outside the country, operated and maintained as its constituent unit, having the University's complement of facilities, faculty and staff; (xxxii) "PCI" means Pharmacy Council of India; (xxxiii) "Prescribed" means prescribed by the Statutes, Ordinances, Regulations or the rules made under this Act; (xxxiv) "Principal" means the Head of the constituent college and includes, where there is no Principal, the Vice-Principal or any other person for the time being as appointed to act as Principal; (xxxv) "Pro Vice-Chancellor" means the Pro Vice-Chancellor of the University appointed under section 17; (xxxvi) "Regional Centre" means a centre established or maintained by the University for the purpose of coordinating and supervising the work of Study Centres in any region and for performing such other functions as may be conferred on such centre by the Board of Management; (xxxvii) "Registrar" means the Registrar of the University appointed under section 18; (xxxviii) "Regulatory body" means the statutory
3. Conditions for the establishment of the University
(1) The sponsoring body shall, for the purposes of establishing the University under this Act, fulfil the following conditions, namely:— (a) establish an Endowment Fund with a minimum amount specified in Letter of Intent; (b) duly possess contiguous land of minimum 15 (fifteen) acres earmarked for the University: Provided that the sponsoring body shall not sell, transfer or lease out such land or any part thereof and also shall not use it for any purpose other than the purpose of functioning of the University; (c) conform to standards, conditions and Regulations set by UGC, AICTE, NCTE, BCI and other regulatory bodies established by the State Government or Central Government; (d) to undertake to fulfil such other conditions consistent with this Act as may be laid down by the State Government before the establishment of the University. (2) An application containing the proposal and the project report to establish a University shall be made by the sponsoring body to the State Government along with application fee as may be fixed by the State Government from time to time. (3) The project report must contain the following particulars, namely:— (a) the details of the sponsoring body along with copies of its registration certificate; (b) the information regarding financial resources of the sponsoring body along with audited accounts for the past three years; (c) the name and location of the proposed University; (d) the objectives of the University; (e) the details of land, buildings and infrastructure if already exist or proposed to be owned or created, as the case may be; (f) the nature and the type of programmes of study and research proposed to be undertaken by the University; (g) the resource of funds along with the scheme for mobilizing resources; (h) such other details as the sponsoring body may like to give; and (i) such other details as may be decided by the State Government from time to time. (4) The proposal along with the project report shall be examined and considered by an Evaluation Committee constituted by the Higher and Technical Education Department, Government of Manipur consisting of the following: (a) one Vice-Chancellor of any of the State Universities of Manipur; (b) one Professor of a State University of Manipur nominated by the State Government; (c) one officer to the State Government not below the rank of Joint Secretary; (d) one Officer from Finance Services of the State of Manipur not below the rank of Joint Director; (e) one Officer nominated by the District Magistrate of the District concerned not below the rank of Sub-divisional Magistrate; (f) one Registrar of a State University to be nominated by the State Government. (5) The Committee shall submit its report to the Government of Manipur. (6) If the State Government is satisfied that it is proper to establish the University, Letter of Intent may be issued to the Sponsoring body.
4. Establishment or incorporation of a University
(1) From the commencement of this Act, there shall be established Universities by the names mentioned in the Schedule. (2) Names of the new Universities to be established under this Act shall be included in the Schedule at the next serial number below the last University by amending the Schedule. (3) Each University shall be established by a separate legislation by amending the Schedule or by an amending Act. (4) The headquarters of the Universities shall be in the State of Manipur. (5) The State Government, if satisfied, after considering the compliance with the provisions of this Act, shall have the power to incorporate the existing Universities, by amending the Schedule. (6) Every University established or incorporated under this Act shall be a body corporate.
5. The Objects of the University
The objects of the University shall include,— (a) to provide instructions, teaching and training in higher education with a view to create higher levels of intellectual abilities; (b) to establish facilities for education and training; (c) to carry out teaching, research and offer continuing education programmes; (d) to create centres of excellence for research and development, relevant to the needs of the State and for sharing knowledge and its application; (e) to establish campus in the State; (f) to establish examination centres; (g) to institute degrees, diplomas, certificates and other academic distinctions on the basis of examination or any such other method, while doing so, the University shall ensure that the standards of degrees, diplomas, certificates and other academic distinctions are not lower than those laid down by the regulating bodies; (h) to set up campus centres, subject to applicable rules or regulations; (i) to engage in areas of specialization with proven ability to make distinctive contributions to the objectives of the university education system that is
6. Incorporation
(1) The first Chancellor and the first Vice-Chancellor of the University and the first members of the Governing Body, Board of Management and the Academic Council and all persons, who may hereafter become such officers or members, so long as they continue to hold such office or membership of the respective University mentioned in the Schedule are hereby constituted a body corporate by the name of the respective University specified in the Schedule. (2) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.
7. Self-financing University
The University shall be self-financed and shall not make a demand for any grant-in-aid or any other financial assistance from the State Government.
8. No power of affiliation
The University shall have no power to affiliate or otherwise admit to its privileges any other institution.
9. Constituent Colleges
The University shall maintain constituent colleges as per the provisions of UGC or any other Statutory Bodies and the State Government from time to time.
14. Officers of the University
The following shall be the officers of the University namely:-(a) the Chancellor;(b) the Vice-Chancellor;(c) the Pro Vice-Chancellor;(d) the Registrar;(e) the Finance Officer;(f) the Controller of Examinations;(g) the Deans of the Faculties; and(h) such other officers as may be declared by the Statutes to be Officers of the University.
15. The Chancellor
(1) The Chancellor shall be appointed by the sponsoring body for a period of three years, with the approval of the State Government in such manner and on such terms and conditions as may be specified by the Statutes.(2) The Chancellor shall be the Head of the University.(3) The Chancellor shall preside over all the meetings of the Governing Body and convocation of the University for conferring degrees, diplomas or other academic distinctions.(4) The Chancellor shall have the following powers, namely:-(a) to call for any information or record;(b) to appoint the Vice-Chancellor in consultation with and the approval of Governing Body;(c) to remove the Vice-Chancellor with the approval of the Governing Body in accordance with the provisions of law; and(d) such other powers as may be specified by this Act or the Statutes.
16. The Vice-Chancellor
(1) The Vice-Chancellor shall be appointed by the Chancellor on such terms and conditions as may be specified by the Statutes, and shall hold office for a term of three years:Provided that after the expiry of the term of three years, a person shall, subject to the provisions contained in sub-section (7), be eligible for re-appointment for another term of three years:Provided further that the Vice-Chancellor shall continue to hold office even after expiry of his term till the new Vice-Chancellor joins. However, in any case, this period shall not exceed one year.(2) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall have the general superintendence and control over the affairs of the University and shall execute the decisions of various authorities of the University.(3) The Vice-Chancellor shall preside over at the convocation of the University in the absence of the Chancellor.(4) If, in the opinion of the Vice-Chancellor, it is necessary to take immediate action on any matter for which powers are conferred on any other authority by or under this Act, he may take such action as he deems necessary and shall, at the earliest opportunity thereafter, report his action to such officer or authority as would have in the ordinary course dealt with the matter:Provided that if, in the opinion of the concerned officer or authority, such action should not have been taken by the Vice-Chancellor, then such case shall be referred to the Chancellor, whose decision thereon shall be final.(5) If, in the opinion of the Vice-Chancellor, any decision of any authority of the University is outside the powers conferred by this Act, Statutes, Ordinances, or Regulations made thereunder or is likely to be prejudicial to the interests of the University, he shall request the concerned authority to revise its decision within fifteen days from the date of decision and in case the authority refuses to revise such decision wholly or partly or fails to take any decision within fifteen days, then such matter shall be referred to the Chancellor and his decision thereon shall be final.(6) The Vice-Chancellor shall exercise such powers and perform such duties as may be specified by the Statutes or the Ordinances.(7) If at any time, upon representation made or otherwise, and after making such inquiry as may be deemed necessary, the situation so warrants and if the continuance of the Vice-Chancellor is not in the interests of the University, the Chancellor may, by an order in writing stating the reasons therein, in consultation with the Governing Body ask the Vice-Chancellor to relinquish his office from such date as may be specified in the order:Provided that before taking action under this sub-section, the Vice-Chancellor shall be given an opportunity of being heard.
17. The Pro Vice-Chancellor
(1) The Vice-Chancellor may appoint a Pro Vice-Chancellor from amongst the Professors of the University with the approval of the Chancellor for a term of three years.(2) The Pro Vice-Chancellor shall assist the Vice-Chancellor in respect of such matters, as may be specified by the Vice-Chancellor in this behalf from time to time and shall preside over the meetings of the University in absence of the Vice-Chancellor and shall exercise such powers and perform such duties as may be assigned or delegated to him by the Vice-Chancellor.
18. The Registrar
(1) The Registrar shall be a whole time officer of the University.(2) The Registrar shall be appointed by the Chancellor in consultation with the Governing Body in such manner and on such terms and conditions of service as may be specified by the Statutes.(3) The Registrar shall be the Chief Administrative Officer of the University. He shall work directly under the supervision, direction and control of the Vice-Chancellor.(4) He shall be the Member Secretary of the Governing Body, the Board of Management and the Academic Council but shall not have the right to vote. He shall place before it all such information as may be necessary for the transaction of its business.(5) The Registrar shall be responsible for the custody of the records and the common seal of the University. He shall receive applications for entrance to the University and shall keep a permanent record of all syllabi, curricula and such other information as may be deemed necessary.(6) The Registrar shall have the power to enter into agreement or contract and sign documents and authenticate records on behalf of the University and shall exercise such powers and perform such duties as may be specified by the Statutes.
19. The Finance Officer
(1) The Finance Officer shall be a whole time officer of the University.(2) The Finance Officer shall be the principal finance, accounts and audit officer of the University.(3) The Finance Officer shall be appointed by the Chancellor in consultation with the Governing Body in such manner and on such terms and conditions of service as may be specified by the Statutes.(4) The Finance Officer shall-(i) advise in regard to the financial policy of the University and be responsible for the preparation of its budget and for the presentation thereof to the Board through the Vice-Chancellor;(ii) manage the properties, movable and immovable and investments of the University; and(iii) perform any other duty as specified in the Act or the Statutes or Ordinances made thereunder.
20. The Controller of Examination
(1) The Controller of Examination shall be appointed by the Chancellor in consultation with the Governing Body, in such manner and on such terms and conditions of service as may be specified by the Statutes.(2) The Controller of Examination shall be responsible for the due custody of the records pertaining to his work. He shall be ex-officio Secretary of the Examination Committee of the University and shall be bound to place before such committee all such information as may be necessary for the transaction of its business.(3) Subject to the superintendence of the Vice-Chancellor, the Controller of Examination shall -(i) have administrative control of Examination and over the employees working under him and have, in this regard, all the powers of the Registrar; and(ii) conduct the examinations and make all other arrangements thereof and be responsible for the due
21. Dean of Faculty
(1) There shall be a Dean of each Faculty. (2) The Deans of Faculties shall be appointed by the Vice-Chancellor in such manner as may be prescribed by the Statutes. (3) The Deans shall perform such functions as may be prescribed by the Statutes.
22. Other Officers
(1) The University may appoint such other officers as may be necessary for its functioning. (2) The manner of appointment of other officers of the University and their powers and functions shall be such as may be specified by the Statutes. Provided that in matters of appointment of Grade III and IV employees, there shall be reservation for local people to the extent given below- (A) Grade IV employees 50% reservation for local people (B) Grade III employees 40% reservation for local people (C) Grade II employees 20% reservation for local people.
23. Authorities of the University
The following shall be the authorities of the University, namely:— (i) the Governing Body; (ii) the Board of Management; (iii) the Academic Council; (iv) The Examination Committee; (v) Faculties; and such other authorities as may be declared by the Statutes to be the authorities of the University.
24. The Governing Body and its powers
(1) The Governing Body of the University shall consist of the following, namely:— (a) the Chancellor as Chairperson; (b) the Vice-Chancellor; (c) five persons, nominated by the sponsoring body out of whom two shall be eminent educationists for three years; (d) one expert of Management or Information Technology from outside the University nominated by the Chancellor for three years; (e) two persons nominated by the State Government for three years; and (f) the Registrar who shall be the Member Secretary. (2) The Governing Body shall be the supreme authority of the University. (3) The Governing Body shall have the following powers, namely:— (a) to provide general superintendence and direction and to control the functioning of the University by using all such powers as are provided by this Act or the Statutes, Ordinances, Regulations or rules made thereunder; (b) to review the decisions of other authorities of the University in case they are not in conformity with the provisions of this Act or the Statutes, Ordinances, Regulations or rules made thereunder; (c) to approve the budget and annual report of the University; (d) to lay down the policies to be followed by the University; (e) to recommend to the sponsoring body about the voluntary liquidation of the University if a situation arises when smooth functioning of the University does not remain possible in spite of all efforts; and (f) such other powers as may be prescribed by the Statutes. (4) The Governing Body shall meet at least thrice in a calendar year. (5) The quorum for meetings of the Governing Body shall be five.
25. The Board of Management
(1) The Board of Management shall consist of the following members, namely:— (a) the Vice-Chancellor as Chairperson; (b) the Director, University and Higher Education, Government of Manipur or his nominee, not below the rank of a Joint Director; (c) two Deans of Faculties nominated by the Vice-Chancellor for a period of one year, by rotation on the basis of seniority; (d) two persons nominated by the sponsoring body from amongst eminent educationists for a period of three years; (e) two eminent academicians, to be nominated by the State Government for a period of three years; (f) two persons from amongst Professors and Associate Professors by rotation on the basis of seniority; (g) one expert nominated by the Chancellor; and (h) the Registrar, who shall be the Member-Secretary. (2) The powers and functions of the Board of Management shall be such as may be specified by the Statutes. (3) The Board of Management shall meet at least once in every two months. (4) The quorum for meetings of the Board of Management shall be five.
26. The Academic Council
(1) The Academic Council shall consist of the Vice-Chancellor and such other members as may be specified by the Statutes. (2) The Vice-Chancellor shall be the Chairperson of the Academic Council with the Registrar as Member-Secretary. (3) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act and Statutes, Ordinances and Regulations made thereunder, co-ordinate and exercise general supervision over the academic policies of the University. (4) The powers and functions of the Academic Council shall be such as may be specified by the Statutes. (5) The quorum for meetings of the Academic Council shall be such as may be specified by the Statutes.
27. The Finance Committee
(1) The Finance Committee shall consist of:— (a) the Vice-Chancellor as Chairperson; (b) the Registrar; (c) the Finance Officer –Secretary of the Committee; (d) Nominee from Finance Department, Government of Manipur (not below the rank of Deputy Secretary); and (e) two other members as may be recommended by the Sponsor. (2) The Finance Committee shall be the principal financial body of the University to take care of financial matters and shall, subject to the provision of this Act, Statutes, Ordinances and Regulations coordinate and exercise general supervision over the financial matters of the University. (3) The powers and functions of the Finance Committee shall be such as may be specified by the Statutes. (4) The quorum for meetings of the Finance Committee shall be such as may be specified by the Statutes.
28. The Examination Committee
(1) There shall be an Examination Committee, the constitution of which shall be as may be provided for in the Ordinances and the Statutes. (2) The Committee shall be the principal body of the University to take care of examination matters and shall exercise supervision over the examination matters of the University. (3) The powers and functions of the Examination Committee shall be such as may be specified by the Statutes.
29. Faculties
(1) There shall be such Faculties in the University as may be prescribed by the Statutes. (2) The constitution of the Faculties shall be as may be provided for in the Ordinances and the Statutes. (3) Faculty shall perform such functions as may be prescribed by the Statutes.
30. Other Authorities
The composition, constitution, powers and functions of other authorities of the University shall be such as may be specified by the Statutes.
31. Proceedings not invalidated on account of vacancy.
No act or proceeding of any authority of the University shall be invalid merely for reason of the existence of any vacancy of the authority.
32. Filling of casual vacancies.
In case there occurs any casual/ temporary vacancy in any authority or body of the University, due to death, resignation or removal of a member, the same shall be filled as early as possible, by the person or body who appoints or nominates the member whose place become vacant and the person appointed or nominated to the casual/ temporary vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been member.
33. Committees.
(1) The authorities or officers of the University may constitute committees with such terms of reference as may be necessary for specific tasks to be performed by such committees. (2) The constitution of such committees and their duties shall be such as may be specified by the Statutes.
34. The first Statutes.
Subject to the provisions of this Act, and the rules made thereunder, the first Statutes of the Universities established or incorporated under this Act may provide for all or any of the following matters, namely:— (a) the constitution, powers and functions of the authorities and other bodies of the University as may be constituted from time to time; (b) the terms and conditions of appointment of the Vice-Chancellor and his powers and functions; (c) the manner of appointment and terms and conditions of service of the Registrar and Finance Officer and their powers and functions; (d) the manner of appointment and terms and conditions of service of the employees and their powers and functions; (e) the terms and conditions of service of employees of the University; (f) the procedure for arbitration in case of disputes between employees, students and the University; (g) the provisions regarding exemption of students from payment of tuition fee and for awarding to them scholarships and fellowships; (h) provisions regarding the policy of admissions, including regulation of reservation of seats; (i) provisions regarding fees to be charged from the students; and (j) provisions regarding number of seats in different courses.
35. The subsequent Statutes.
Subject to the provisions of this Act, the subsequent Statutes may provide for any matter and shall in particular provide for the following namely:— (a) creation of new authorities of the University; (b) the establishment, amalgamation, sub-division and abolition of Departments; (c) creation of posts and procedure for abolition of posts; (d) representation of teachers in the authorities of the University; (e) institution of medals and prizes; (f) revision of fees; (g) alteration of the number of seats in different academic programmes; and (h) any other matters which by this Act are required to be specified by the statutes.
36. Statutes how made.
(1) The first Statutes of the Universities established or incorporated under this Act shall be made by the State Government and published in the Official Gazette and a copy thereof shall be laid before the State Legislative Assembly: Provided that the first Statutes shall be made within a period of six months from the establishment of the University. (2) The statutes of the University other than the first Statutes shall be made by the Board of Management with the approval of the Governing Body. (3) The Board of Management may, from time to time, make new or additional Statutes or may amend or repeal the Statutes so made in the manner hereinafter provided in this section: Provided that Board of Management shall not make any Statute or any amendment of the Statute affecting the status, powers or constitution of any existing authority of the University until such authority has been given an opportunity of expressing an opinion on the proposal and any opinion so expressed shall be in writing and shall be considered by the Governing Body. (4) Every such Statute or addition to the Statutes or any amendment or repeal of the Statutes shall be subject to the approval of the State Government: Provided that no Statute shall be made by the Board of Management affecting the discipline of students and standards of instruction, education and examination except in consultation with the Academic Council.
39. Regulations
The authorities of the University may, subject to the prior approval of the Board of Management, make Regulations, consistent with this Act, Statutes and the Ordinances made thereunder, for the conduct of their own business and of the committees appointed by them.
40. Admission
(1) Admission in the University shall be made strictly on the basis of merit. (2) Merit for admission in the University may be determined either on the basis of marks or grade obtained in the qualifying examination for admission and achievements in co-curricular and extra-curricular activities or on the basis of marks or grade obtained in the entrance test conducted at State level either by an association of the Universities conducting similar courses or by any agency of the State: Provided that admission in professional and technical courses shall be made only through entrance test. (3) At least 25% seats for admission to each course shall be reserved for students who are bona-fide residents of the State.
41. Fee structure
(1) The University may, from time to time prepare and revise, its fee structure and send it to the State Government for its approval before 31st December of every preceding academic year and the State Government shall convey the approval within three months from the receipt of the proposal: Provided that the fee structure for each course shall be decided before the issue of prospectus and shall be reflected in the prospectus: Provided further that the fee structure shall not be revised or modified during the academic year. (2) The fee structure prepared by the University shall be considered by a committee to be constituted by the State Government, in the manner as may be prescribed, which shall submit its recommendations to the State Government after taking into consideration whether the proposed fee is— (a) sufficient for generating— (i) resources for meeting the recurring expenditure of the University; and (ii) the savings required for the further development of the University; and (b) not unreasonably excessive. (3) After receipt of the recommendations under sub-section (2), if the State Government is satisfied, it may approve the fee structure. (4) The fee structure approved by the State Government under sub-section (3) shall remain valid until next revision.
42. Examinations
At the beginning of each academic session and in any case not later than 30th of August of every calendar year, the University shall prepare and publish a semester-wise or annual, as the case may be, Schedule of Examinations for each and every course conducted by it and shall strictly adhere to such Schedule: Explanation- Schedule of Examination means a table giving details about the time, day and date of the commencement of each paper which is a part of a Scheme of Examinations and shall also include the details about the practical examinations.
43. Declaration of results
(1) The University shall strive to declare the results of every examination conducted by it within thirty days from the last date of the examination for a particular course and shall in any case declare the results latest within forty-five days from such date: Provided that if, for any reason whatsoever, the University is unable to finally declare the results of any examination within the period of forty-five days, it shall submit a report incorporating the detailed reasons for such delay to the State Government. The State Government may, thereon, issue such directions as it may deem fit for better compliance in future. (2) No examination or the results of an examination shall be held invalid only for the reasons that the University has not followed the Schedule of Examination as stipulated in section 41.
44. Convocation
The convocation of the University shall be held in every academic year in the manner as may be specified by the statutes for conferring degrees, diplomas or for any other purpose.
45. Annual Report
(1) The annual report of the University shall be prepared by the Board of Management which shall include among other matters, the steps taken by the University towards the fulfilment of its objects and shall be approved by the Governing Body and copy of the same shall be submitted to the sponsoring body. (2) Copies of the annual report prepared under sub-section (1) shall also be presented to the State Government.
46. Provident Fund and Pension
The University shall constitute Provident Fund and Pension for the benefit of its employees and provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed.
47. Disputes
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 another body of the University, the matter shall be referred to the Chancellor whose decision shall be final.
48. Protection of action taken in good faith
No suit or other legal proceedings shall lie against any officer or another 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 Regulations.
49. Transitional Provision
Notwithstanding anything contained in any other provisions of this Act, the Statutes or the Ordinances,- (a) the first Vice-Chancellor shall be appointed by the Chancellor and the said officer shall hold office for a term of three years; (b) the first Registrar and the first Finance Officer shall be appointed by the Chancellor and shall hold office for a term of three years; (c) the first Board of Governors shall hold office for a term not exceeding three years; and (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.
50. Endowment fund
(1) The sponsoring body shall establish an Endowment Fund for the University with an amount of rupees three crores, which shall be pledged to the State Government within a period of five years from the date of commencement of the Act: Provided that rupees one crore shall be pledged in the first year and the remaining rupees two crores shall be pledged within the next four succeeding years. (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 made thereunder. (3) The State Government shall have the powers to forfeit, in the prescribed manner, a part or whole of the Endowment Fund in case the University or the sponsoring body/ sponsor contravenes any of the provisions of this Act, rules, Statutes, Ordinances or Regulations made thereunder. (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.
51. General Fund
University shall establish a fund, which shall be called the General Fund to which following shall be credited, namely:— (a) fees and other charges received by the University; (b) any contribution made by the sponsoring body; (c) any income received from consultancy and other works undertaken by the University; (d) bequests, donations, except from parents and students, endowments and any other grants; and (e) all other sums received by the University.
52. Application of General Fund
The General Fund shall be utilized for the following purposes, namely:—
53. Maintenance of Fund
The funds established under sections 50 and 51 shall be regulated and maintained in such manner as may be prescribed by Statutes.
54. 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 received by the University from whatever source and all amount disbursed 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 Governing Body on or before December 31 following the close of the financial year on March 31 each year. (4) The annual accounts, the balance sheet and the audit report shall be considered by the Governing Body at its meeting and shall be forwarded the same to 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.
55. Mode of Proof of University Report
(1) A copy of 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. (2) The University shall abide by the UGC (Returns of Information by Universities) Rules, 1979 and subsequent amendments.
56. Power of State Government to inspect the University
(1) For the purpose of ascertaining the standards of teaching, examination and research or any other matter relating to the University, the State Government shall cause an assessment to be made in such manner as may be prescribed, by such person or persons as it may deem fit. (2) The State Government shall communicate to the University its recommendations in regard to the result of such assessment for corrective action and the University shall take such corrective measures as are necessary or as deemed necessary as to ensure the compliance of the recommendations. (3) If the University fails to comply with the recommendations made under sub-section (2) within a reasonable time, the State Government may give such directions as it may deem fit which shall be binding on the University.
57. Dissolution of the University by the sponsoring body
(1) The sponsoring body may dissolve the University by giving a notice to this effect to the State Government, the employees and the students of the University at least one year in advance: Provided that dissolution of the University shall have effect only after the last batches of students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards, as the case may be. (2) On the dissolution of the University all the assets and liabilities of the University shall vest in the sponsoring body as per the terms and conditions under the State Laws: Provided that in case the sponsoring body dissolves the University before fifty years of its establishment, all the assets of the University including assets of the sponsoring body pertaining to the University shall vest in the State Government free from all encumbrances.
58. Expenditure of the University during dissolution
(1) The expenditure for the administration of the University during the dissolution period shall be borne out 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 dissolution, such expenditure may be met by disposing of the properties or assets of the University, by the Sponsor and State Government.
59. De-recognition of the University by the State Government
(1) Where the State Government receives a complaint that the University is not functioning in accordance with the provision of this Act or rules, it shall require the University to show cause within such time, which shall not be less than two months, as to why the University should not be de-recognized. (2) If upon receipt of the reply of the University to the notice given under sub-section (1) the State Government is satisfied that a prima-facie case of mismanagement or violation of the provision of this Act in the functioning of the University is made out, it shall order such enquiry as it deems necessary. (3) For the purpose of an inquiry under sub-section (2) that State Government shall by notification, appoint an officer or authority as the inquiring authority to inquire into an allegation of violation of the provision of this Act. (4) Every inquiring authority appointed under sub-section (3) while performing its functions under this Act shall have all the powers of a civil court trying a suit and particularly, in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any witness and examining him on oath; (b) requiring the discovery and production of any documents; (c) requisitioning any public record or copy thereof
60. Special powers of the Government
(1) If it appears to the State Government that the University has contravened any of the provisions of this Act, rules, Statutes or Ordinances made thereunder or has contravened any of the directions issued by it under this Act or has ceased to carry out any of the undertakings given or a situation of financial mismanagement or mal-administration has arisen in the University, it shall issue notice requiring the University to show cause within forty-five days as to why an order of its liquidation should not be made. (2) If the State Government, on receipt of reply of the University on the notice issued under sub-section (1), is satisfied that there is a prima-facie case of contravening all or any of the provisions of this Act, Rules, Statutes or Ordinances made thereunder or of contravening directions issued by it under this Act or of ceasing to carry out the undertaking given or of financial mis-management or maladministration, it shall make an order of such enquiry as it may consider necessary. (3) The State Government shall, for the purpose of any enquiry under sub-section (2), appoint an inquiry officer or officers to inquire into any of the allegations and to make report thereon. (4) The inquiry officer or officers appointed under sub-section (3) shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any such document or any other material as may be predicable in evidence; (c) requisitioning any public record from any court or office; and (d) any other matter which may be prescribed. (5) On receipt of the enquiry report from the officer or officers appointed under sub-section (3), if the State Government is satisfied that the University has contravened all or any of the provisions of this Act, Statutes, or Ordinances made thereunder or has violated any of the directions issued by it under this Act or has ceased to carry out the undertakings given by it or a situation of financial mis-management or mal-administration has arisen in the University which threatens the academic standard of the University, it shall issue orders for the liquidation of the University and appoint an administrator. (6) The administrator appointed under sub-section (5) shall have all the powers and duties of the Governing Body and the Board of Management under this Act and shall administer the affairs of the University until the last batch of the students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards, as the case may be. (7) After having awarded the degrees, diplomas or awards, as the case may be, to the last batches of the students of the regular courses, the administrator shall make a report to this effect to the State Government. (8) On receipt of the report under sub-section (7), the State Government shall, by notification in the Official Gazette, issue an order dissolving the University and from the date of publication of such notification, the University shall stand dissolved and all the assets of the University including assets of the sponsoring body pertaining to the University shall vest in the State Government free from all encumbrances from the date of dissolution.
61. Status of Assets/Liabilities on Dissolution/De-recognition
All assets and properties including the endowment fund, general fund or any other fund and also the liabilities of the University will belong to the State Government in case of dissolution of the University under any clause mentioned hereinabove in this Act.
62. Power to make rules
(1) The Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:— (a) matter to be prescribed under clause (d) of sub-section (4) of section 58; and (b) other matters which are required to be, or may be, prescribed by rules under this Act. (3) Every rule made under this Act shall be laid, as soon as possible after it is made, before the State Legislative Assembly, while it is in session, within a period of not less than ten days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the Legislative Assembly makes any modification in any such rule or decides that any such rule should not be made, the rule shall thereafter, have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
63. Removal of Difficulties
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification or order, make such provisions, not inconsistent with the provisions of this Act, as may appear to them to be necessary or expedient, for removing the difficulty: Provided that no such notification or order shall be issued after the expiry of the period of three years from the date of commencement of this Act.
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