Chapter 6 MISCELLANEOUS

45.

1. (1) Admission in the University shall be made strictly on the basis of merit.
2. (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. (3) At least 25% seats for admission to each programme shall be reserved for students who are bona-fide residents of the State.

46.

1. (1) The University may, from time to time prepare and revise, its fee structure and send it to the 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. (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 Government after taking into consideration whether the proposed fee is,
   • (a) sufficient for generating,
     • (i) resources for meeting the recurring expenditure of the University;
     • (ii) the savings required for the further development of the University; and
   • (b) not unreasonably excessive.
3. (3) After receipt of the recommendations under sub-section (2), if the State Government is satisfied, it may approve the fee structure.
4. (4) The fee structure approved by the State Government under sub-section
5. (3) shall remain valid until next revision.

47. At the beginning of each academic session and in any case not later than 15th 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 programme conducted by it and shall strictly adhere to such Schedule.

Declaration of results 48.

1. (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. (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 47.

49.

Annual Report 50.

1. (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 Board of Governors and copy of the same shall be submitted to the sponsoring body.
2. (2) Copies of the annual report prepared under sub-section
3. (1) shall also be presented to the State Government.

51. 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.

52. Disputes as to the 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 another body of the University, the matter shall be referred to the Chancellor whose decision shall be final.

53. 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.

54. Notwithstanding anything contained in any other provisions of this Act, the Statutes or the Ordinances,-

1. (a) the first Vice-Chancellor shall be appointed by the Chancellor and the said officer shall hold office for a term of three years;
2. (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;
3. (c) the first Board of Governors shall hold office for a term not exceeding three years; and
4. (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.

55.

1. (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 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. (2) The Endowment Fund shall be kept as security deposit to ensure strict compliance of the provisions of this Act, Statutes, Ordinanccs or Regulations made thereunder.
3. (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, Statutes, Ordinances or Regulations made thereunder.
4. (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. (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.

56. University shall establish a fund, which shall be called the General Fund to which the following shall be credited, namely:,

1. (a) fees and other charges received by the University;
2. (b) any contribution made by the sponsoring body;
3. (c) any income received from consultancy and other works undertaken by the University;
4. (d) trusts, bequests, donations, except from parents and students, endowments and any other grants; and
5. (e) all other sums received by the University

57. The General Fund shall be utilized for the following purposes, namely:,

1. (a) for the payment of salary and allowances of the employees of the University and members of the teaching and research staff, and for payment of any Provident Fund contributions, gratuity and other benefits to such officers and employees;
2. (b) for the expenses to be incurred by the University for services availed including services like electricity, telephone etc.;
3. (c) for the payment of taxes or local levies wherever applicable;
4. (d) for up-keeping of the assets of the University;
5. (e) for the payment of debts including interest charges thereto incurred by the University;
6. (f) for the payment of travelling and other allowances to the members of the Board of Governors, the Board of Management and the Academic Council etc.;
7. (g) for the payment of fellowships, free ships, scholarships, assistantships and other awards to students belonging to economically weaker sections of the society or research associates or trainees, as the case may be, or to any student otherwise eligible for such awards under the statutes, ordinances, regulations or rules made under this Act;
8. (h) for the payment of the cost of audit of the funds created under sections 55 and 56 of this Act;
   • (i) for meeting of expenses of any suit or proceedings to which University is a party;
9. (j) for the purpose of movable and immovable assets;
10. (k) for the payment of any expenses incurred by the University in carrying out the provisions of this Act or the statutes, ordinances, regulations or rules made there under; and
11. (l) for the payment of any other expenses as approved by the Board of Management to be an expense for the purposes 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 year, as may be fixed by the Board of Management, without its prior approval: Provided further that the General Fund shall, for the purpose specified under sub clause (l), be applied with the prior approval of the Board of Governors: Provided also that no portion of income and property of the University shall be paid or transferred directly or indirectly, by way of dividend, bonus or otherwise, howsoever by way of profit to the persons who were at any time or are members of the University or to any of them or any persons claiming through them: Provided also that nothing herein contained shall prevent the payment in good faith of remuneration to any member thereof or other person as consideration for any service rendered to the University or for travelling or other allowances and such other charges.

58.

Account and Audit 59.

1. (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. (2) The annual accounts of the University shall be audited by a Chartered Accountant, who is the member of Institution of Charted Accountants of India, to be appointed by the Board of Management on mutually agreeable terms for a period of three years.
3. (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 the close of the financial year on March 31 each year.
4. (4) The annual accounts, the balance sheet and the audit report shall be considered by the Board of Governors at its meeting and shall forward the same to the State Government along with its observation thereon on or before December 31 each year.
5. (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.

60.

1. (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. (2) The University shall abide by the UGC (Returns of Information by Universities) Rules, 1979 and subsequent amendments.

61.

1. (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. (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. (3) If the University fails to comply with the recommendations made under sub-section
4. (2) within a reasonable time, the State Government may give such directions as it may deem fit which shall be binding on the University.

62.

1. (1) The sponsoring body may dissolve the University by giving a notice to this effect to the 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. (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.

63.

1. (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. (2) If the funds referred to in sub-section
3. (1) are not sufficient to meet the expenditure of the University during dissolution of its management, such expenditure may be met by disposing of the Properties or Assets of the University, by the Sponsor and State Government.

64.

1. (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. (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. (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. (4) Every inquiring authority appointed under sub-section
5. (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 from any office;
   • (d) receiving evidence on affidavits; and
   • (e) any other matters which may be prescribed.
6. (5) If upon receipt of the inquiry report, the State Government is satisfied that the university has violated any provision of this Act, it shall direct the university to make necessary improvement and suggest for proper implementation of the provisions of this Act.
7. (6) If it is observed that the University is violating the Act continuously for three times, then the State Government may derecognize the University with prior approval of the University Grant Commission or the Regulatory Body concerned.
8. (7) During the period of the management of the university, the State Government may utilize the permanent Endowment Fund, the General Fund or any other fund for the purpose of the management of the affairs of the University. If the funds of the University are not sufficient to meet the requisite expenditure of the university, the State Government may dispose of the assets or the properties of the University to meet the said expenses.
9. (8) Every notification under sub-section
10. (6) shall be laid before the House of the State Legislature, before implementation.

65.

1. (1) If it appears to the State Government that the University has contravened any of the provisions of this Act, or 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. (2) If the State Government, on receipt of reply of the University on the notice issued under sub-section (1), or otherwise is satisfied that there is a prima-facie case of contravening all or any of the provisions of this Act, Statutes or Ordinances made there under or of contravening directions issued by it under this Act or of ceasing to carry out the undertaking given or of financial mismanagement or maladministration, it shall make an order of such enquiry as it may consider necessary.
3. (3) The 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. (4) The inquiry officer or officers appointed under sub-section
5. (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.
6. (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 there under 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 mismanagement 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.
7. (6) The Administrator appointed under sub-section
8. (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.
9. (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.
10. (8) On receipt of the report under sub-section (7), the 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.

66. 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 Government in case of dissolution of the University under any clause mentioned hereinabove in the act.

67.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
2. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:,
   • (a) matter to be prescribed under clause
   • (d) of sub-section
3. (4) of section 65; and
   • (b) other matters which are required to be, or may be, prescribed by rules under this Act.
4. (3) All the rules made under this Act shall be laid, as soon as may be after they are so made, before the State Legislative Assembly, while it is in session, for 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 agrees in making modification in any of such rules or agrees that any such rules 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.

68.

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 shall be made after the expiry of the period of three years from the commencement of this Act.