The Bir Tikendrajit University, Manipur Act, 2020
The Bir Tikendrajit University, Manipur Act, 2020
Chapter 1 PRELIMINARY
1. Short title, extent and commencement
1.
- (1) This Act may be called the Bir Tikendrajit University, Manipur Act, 2020.
- (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.
Chapter 2 THE UNIVERSITY AND ITS OBJECTIVES
3. Establishment of the University
3.
- (1) A University by the name of Bir Tikendrajit University, Manipur shall be established under this Act.
- (2) The headquarter of the University shall be in the State of Manipur.
Chapter 2 THE UNIVERSITY AND ITS OBJECTIVES
4. Objects of the University
4. The objects of the University shall include,-
- (1) to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit;
- (2) to make special provisions for technical, professional and vocational courses in Management, Agriculture, Humanities, Social Science, Education, Law, Medical, Science and Technology in its educational programmes;
- (3) to take appropriate measures for promoting innovations in the teaching learning process and inter-disciplinary studies and research ;
- (4) to educate and train manpower for the development of the State;
- (5) to establish linkages with industries for the promotion of Science and Technology ; and
- (6) to pay special attention for the improvement of socio-economic conditions and welfare of the people, their intellectual, academic and cultural development.
Chapter 2 THE UNIVERSITY AND ITS OBJECTIVES
5. Incorporation
5.
- (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, are hereby constituted a body corporate by the name of the Bir Tikendrajit University, Manipur.
- (2) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.
Chapter 2 THE UNIVERSITY AND ITS OBJECTIVES
6. Self-financing University
6.
Chapter 2 THE UNIVERSITY AND ITS OBJECTIVES
7. 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.
No Power of Affiliation 7.
Chapter 2 THE UNIVERSITY AND ITS OBJECTIVES
8. The University shall have no power to affiliate or otherwise admit to its privileges any other institution.
Constituent Colleges 8.
Chapter 2 THE UNIVERSITY AND ITS OBJECTIVES
9. The University shall maintain its constituent colleges as per the provisions of UGC or any other Statutory Bodies and the State Government as applicable from time to time.
Powers and functions of the University 9. The University shall have the following powers, namely:
- (1) to provide for instruction in the disciplines deemed suitable and to make provisions for research and for the advancement and dissemination of knowledge;
- (2) to establish, maintain and enforce rules determined by the University from time to time in the manner laid down by the Statutes, Ordinances and Regulations;
- (3) to confer degrees, diplomas, certificates or other academic distinctions etc. on the basis of examinations, evaluation or any other method of testing in accordance with the norms or guidelines laid down in/by the Statutes, UGC, Statutory Bodies, etc. and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient causes;
- (4) to confer honorary degrees or other distinctions in the manner prescribed;
- (5) to institute and award fellowships, scholarships and prizes etc. in accordance with the Statutes;
- (6) to organize and to undertake extra-mural studies and extension service;
- (7) to institute Professorships, Readerships, Lectureships and other teaching or academic posts required by the University and to make appointment thereto;
- (8) to create administrative, academic and other posts and to make appointments thereto;
- (9) to appoint persons working in any other university or organization having specific knowledge permanently or for a specified period;
- (10) to co-operate, collaborate or associate with any other university or authority or institution in such manner and for such purpose as the University may determine;
- (11) to establish Information and Facilitation centres and maintain institutions and such centres, specialized laboratories or other units for research and development as are in the opinion of the University, necessary for the furtherance of its object
- (12) to establish and maintain hostels for students of the University;
- (13) to make provisions for research and consultancy, and for that purpose to enter into such arrangements with other institutions or bodies as the University may deem necessary;
- (14) to determine standards for admission into the University, which may include examination, evaluation or any other method of testing;
- (15) to demand and receive payment of fees and other charges;
- (16) to supervise the residences of the students of the University and to make arrangements for the promotion of their health and general welfare;
- (17) to make special arrangements in respect of women students as the University may consider desirable;
- (18) to regulate and enforce discipline among the employees and students of the University and take such disciplinary measures in this regard as may be deemed necessary by the University;
- (19) to make arrangements for promoting the health and general welfare of the employees of the University;
- (20) to receive donations and acquire, hold, manage and dispose of any movable or immovable property under relevant State laws;
- (21) to borrow money with the approval of the Sponsoring Body for the purposes of the University;
- (22) to mortgage or hypothecate the property of the University with the approval of the Sponsoring Body;
- (23) to offer regular, distance learning, continuing education, industry integrated, collaborative industry based education programmes: Provided that no distance learning programmes leading to a Bachelor's or Master's degree shall be started before at least two batches of students have passed out in the regular mode or five years from the date of commencement of the first academic year whichever is earlier: Provided further that the rules of the UGC or any other appropriate statutory regulatory body shall be strictly followed.
- (24) to ensure that the standard of the degrees, diplomas, certificates and other academic distinctions are of high standard;
- (25) to undertake surveys, studies and consultancy for any organization in India;
- (26) to undertake programmes of the training and development of faculty members of the University and other institutions in India;
- (27) to undertake collaborative research with any organization in India, and commercialization of technologies;
- (28) to develop, register and license all forms of intellectual property rights, including trademarks, copyrights, know-how and patents etc;
- (29) to conceptualize, design, develop and commercialize various products, equipment and machinery as part of the research and development activity;
- (30) to bring higher education within the reach of majority of the youth aspiring higher qualification and/or research by a network of formal institutions such as regional centres, Information and Facilitation centres, programme centres and academic centres throughout the country in accomplishment of the prime objective of "Education For All";
- (31) to make special provisions for students belonging to the State of Manipur for admission in various programmes of the University or in a constituent college, regional centre, campus or study centre;
- (32) to create, amend and cancel the rules and regulations to fulfill the objects of the University with the approval of State Government;
- (33) to carry out all such acts or things whether incidental to the powers aforesaid or not, as may be necessary to further the object of the University; and
- (34) to do all things necessary or expedient to exercise the above powers.
Chapter 2 THE UNIVERSITY AND ITS OBJECTIVES
10. Power to set up and recognize Community Colleges
10.
- (1) The University shall have the power to set up or recognize any institution or organization other than Constituent Colleges which conduct specified studies, as a Community College for such purpose and in such manner and subject to such conditions as may be prescribed by statutes.
- (2) Any such recognition may be withdrawn either in whole or in part or modify in such manner or such reasons as may be prescribed by statutes.
Chapter 2 THE UNIVERSITY AND ITS OBJECTIVES
11. University for all classes, castes creed, religion etc.
11. The University shall be open to all irrespective of class, caste, creed, religion, region, language or gender: Provided that nothing in this section shall be deemed to prevent the University from making special provisions for admissions to students of the State and socially and economically weaker section of the society, especially for the state of Manipur.
Chapter 2 THE UNIVERSITY AND ITS OBJECTIVES
12. Accreditation
12.
- (1) The University will seek accreditation from respective national and international accreditation bodies.
- (2) The University shall obtain prior permission/approval from National Accreditation bodies like NCTE, BCI, AICTE, NBA, DEB, ICAR, etc. before commencing any programme. Permission/recognition from concerned bodies, if required by any Rule for the time being in force, shall be obtained. The relevant laws, rules, regulations etc. in the matter of obtaining approval/recognition or maintaining standards shall apply to the University.
Chapter 2 THE UNIVERSITY AND ITS OBJECTIVES
13. Campuses
13. The campus of University shall be at any place within the state of Manipur and it may have Regional Centres, Information and Facilitation Centres, anywhere in India and abroad and in accordance with the UGC Regulations or conditions issued by the concerned Statutory Bodies, UGC and State Government from time to time.
Chapter 2 THE UNIVERSITY AND ITS OBJECTIVES
14. Power of the Sponsoring Body
14. The Sponsoring body shall have such powers as may be conferred by this Act or the Statutes made thereunder and it shall include the following powers, namely:-
- (i) to appoint one or more persons who shall be an expert academician to review the work and progress of the University, including Colleges and Institutions maintained by it and to submit a report thereon; and upon receipt of that report, the Sponsoring Body may, after obtaining the views of the Board of Governors, as it may consider necessary, in respect of any of the matters dealt with in the report, shall give directions as deem fit and the University shall abide by such action and be bound to comply with such directions;
- (ii) Where, the Board of Governors does not, within a reasonable time, take action to the satisfaction of the Sponsoring Body, the Sponsoring Body may, after considering any explanation furnished or representation made by the Board of Governors, issue such directions as it may think fit and the Board of Governors shall comply with such directions; and
- (iii) The Sponsoring Body may, by order in writing, annul any proceeding of the University which is not in conformity with this Act, the Statutes, or the Regulations: Provided that before making any such order, the Sponsoring Body shall call upon the Registrar to show cause why such order should not be annulled, and, if any cause is shown within a reasonable time, it shall consider the same before passing appropriate order.
Chapter 3 OFFICERS OF THE UNIVERSITY
15. Officers of the University
15. The following shall be the officers of the University namely:-
- (a) the Chancellor
- (b) the Vice-Chancellor
- (c) the Registrar
- (d) the Finance Officer
- (e) the Controller of Examinations
- (f) the Deans of the Faculties and
Chapter 3 OFFICERS OF THE UNIVERSITY
16. Such other officers as may be declared by the Statues to be officers of the University.
The Chancellor 16.
- (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 and shall be eligible for re-appointment for another term only.
- (2) Any vacancy in the office of Chancellor shall be filled within six months from the date of such vacancy.
- (3) The Chancellor shall be the Head of the University.
- (4) The Chancellor shall preside over all the meetings of the Board of Governors and convocation of the University for conferring degrees, diplomas or other academic distinctions.
- (5) 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 the approval of Board of Governors;
- (c) to remove the Vice-Chancellor with the approval of the Board of Governors in accordance with the provisions of law, and
- (d) such other powers as may be specified by this Act or the Statutes.
Chapter 3 OFFICERS OF THE UNIVERSITY
17. The Vice-Chancellor
17.
- (1) The Vice-Chancellor shall be appointed by the Chancellor from a panel of three persons recommended by the Board of Governors, 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 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 to deal 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 there under 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 Board of Governors ask the Vice-Chancellor to relinquish his office from such date as may be specified in the order:
Chapter 3 OFFICERS OF THE UNIVERSITY
18. Provided that before taking action under this sub-section, the Vice-Chancellor shall be given an opportunity of being heard.
The Pro-Vice-Chancellor 18.
- (1) The Pro-Vice-chancellor shall be appointed by the Chancellor.
- (2) The Pro-Vice-chancellor shall hold office for a period of three years and shall be eligible for re-appointment for a second term.
- (3) The manner of appointment and conditions of service of the Pro-Vice-chancellor shall be such as may be prescribed by the Statutes.
- (4) If the Chancellor is satisfied, on an enquiry made or caused to be made on a representation made to him or otherwise; that the continuance of the Pro-Vice-chancellor in his office is prejudicial to the interest of the University or the situation so warrants, he may, by an order in writing and stating the reasons therein for doing so, ask the Pro-Vice-chancellor to relinquish his office from such date as may be specified in order: Provided that before taking an action under this sub-section, the Pro-Vice-chancellor shall be given an opportunity of being heard.
- (5) The Pro-Vice-chancellor shall assist the Vice-chancellor in such matters as are assigned to him by the Vice-chancellor from time to time and shall exercise such powers and perform such functions as may be delegated to him by the Vice-chancellor.
Chapter 3 OFFICERS OF THE UNIVERSITY
19. The Registrar
19.
- (1) The Registrar shall be the whole time officer of the University.
- (2) The Registrar shall be appointed by the Chancellor in consultation with the Board of Governors in such manner and on such terms and conditions of service as may be specified by the Statutes.
- (3) He shall be the Member Secretary of the Board of Governors, 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.
- (4) 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.
- (5) 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.
- (6) The Registrar shall exercise such other powers and perform such other duties as may be prescribed under the Statutes, Ordinances and Regulations or as may be assigned to him by any authority of the University concerned under the Statutes, Ordinances and Regulations.
- (7) When the office of the Registrar is vacant or when the Registrar is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Chancellor may appoint for the purpose.
Chapter 3 OFFICERS OF THE UNIVERSITY
20. The Finance Officer
20.
- (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 Board of Governors, in such manner and on such terms and conditions of service as may be specified by the Statutes.
- (4) The Finance Officer shall -
- (i) exercise general supervision over the funds of the University and shall advise with regards to financial policy;
- (ii) be responsible for the preparation of its budget and for the
Chapter 3 OFFICERS OF THE UNIVERSITY
21. The Controller of Examination
21.
- (1) The Controller of Examination shall be a whole time salaried officer of the University and appointed by the Chancellor in consultation with the Board of Governors, 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 execution of all processes connected therewith.
- (4) He shall also perform such other duties as may be prescribed by the Statutes or Ordinances or Regulations.
Chapter 3 OFFICERS OF THE UNIVERSITY
22. Dean of Faculty
22.
- (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.
Chapter 3 OFFICERS OF THE UNIVERSITY
23. Other Officers
23.
- (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 II, 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
Chapter 4 AUTHORITIES OF THE UNIVERSITY
24. Authorities of the University
24. The following shall be the authorities of the University, namely:,
- (i) the Board of Governors;
- (ii) the Board of Management;
- (iii) the Academic Council;
- (iv) the Finance Committee
- (v) the Examination Committee;
- (vi) the Faculties;
- (vii) the Research Councils;
- (viii) the Community College Development Council;
- (ix) the Board of Studies;
- (x) the Board of Appointment, and such other authorities as may be declared by the Statutes to be the authorities of the University.
Chapter 4 AUTHORITIES OF THE UNIVERSITY
25. The Board of Governors and its powers
25.
- (1) The Board of Governors of the University shall consist of the following, namely:,
- (a) the Chancellor as Chairperson;
- (b) the Vice-Chancellor;
- (c) three persons, nominated by the Sponsoring Body out of whom two shall be eminent educationists for three years;
- (d) the Commissioner (Higher and Tech Education), Government of Manipur or his nominee, not below the rank of a Joint Secretary;
- (e) one Dean of the Faculty nominated by the Vice-Chancellor for one year, on rotation basis;
- (f) one expert of Management or Information Technology from outside the University, nominated by the Chancellor for three years;
- (g) one person, nominated by the State Government for three years; and
- (h) the Registrar, who shall be the Member Secretary.
- (2) The Board of Governors shall be the supreme authority of the University.
- (3) The tenure of office of the members of the Board of Governors, appointment of members other than Government representatives, renewal and removal etc. shall be such as may be laid down by the Statutes.
- (4) The Board of Governors 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.
- (5) The Board of Governors shall meet at least thrice in a calendar year.
- (6) The quorum for meetings of the Board of Governors shall be five.
Chapter 4 AUTHORITIES OF THE UNIVERSITY
26. The Board of Management
26.
- (1) The Board of Management shall consist of the following members, namely:,
- (a) the Vice-Chancellor as Chairperson;
- (b) the Director, University & 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 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
Chapter 4 AUTHORITIES OF THE UNIVERSITY
27. The Academic Council
27.
- (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.
Chapter 4 AUTHORITIES OF THE UNIVERSITY
28. The Finance Committee
28.
- (1) The Finance Committee shall consist of:-
- (a) the Vice-Chancellor as Chairperson;
- (b) the Registrar;
- (c) the Finance Officer as Member Secretary of the Committee;
- (d) Nominee from Finance Department, Government of Manipur not below the rank of Deputy Secretary;
- (e) one member to be nominated by the Sponsoring Body for a period of three years; and
- (f) such other members co-opted by the Chancellor as special invitees.
- (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.
Chapter 4 AUTHORITIES OF THE UNIVERSITY
29. The Examination Committee
29.
- (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.
Chapter 4 AUTHORITIES OF THE UNIVERSITY
30. Faculties
30.
- (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.
Chapter 4 AUTHORITIES OF THE UNIVERSITY
31. The Research Council
31.
- (1) The Research Council shall be the principal research committee of the University and subject to the provisions of this Act, the Statutes, Ordinances, Regulations and the Rules, shall coordinate and exercise general supervision over the research policies of the University.
- (2) The constitution of the Research Council shall be as may be provided for in the Statutes.
- (3) The Research Council shall perform such functions as may be prescribed by the Statutes.
Chapter 4 AUTHORITIES OF THE UNIVERSITY
32. Community College Development
32.
- (1) There shall be a Community College Development Council which shall be the principal body in the University to review and approve academic policies and issues related to the curriculum for academic programs and instructions offered by the Community College.
- (2) The constitution of the Community College Development Council shall be as may be provided for in the Statutes.
- (3) The Community College Development Council shall perform such functions as may be prescribed by the Statutes.
Chapter 4 AUTHORITIES OF THE UNIVERSITY
33. Board of Studies
33.
- (1) There shall be a Board of Studies for each Faculty in the University,
- (2) The Dean of the Faculty shall be the Chairperson of the Board of Studies.
- (3) The constitution of the Board of Studies shall be as may be provided for in the Statutes.
- (4) The Board of Studies shall perform such functions as may be prescribed by the Statutes.
Chapter 4 AUTHORITIES OF THE UNIVERSITY
34. Boards of Appointment
34.
- (1) There shall be two Boards of Appointment for selecting Teaching and Non-Teaching members in the University respectively.
- (2) The constitution of the Boards of Appointment shall be as may be provided for in the Statutes.
- (3) The Board of Appointment shall perform such functions as may be prescribed by the Statutes.
Chapter 4 AUTHORITIES OF THE UNIVERSITY
35. Other Authorities
35. The composition, constitution, powers and functions of other authorities of the University shall be such as may be specified by the Statutes: Provided that a person shall be disqualified for being a member of any of the authorities or bodies of the University, if he,
- (a) is of unsound mind and stands so declared by a competent court; or
- (b) is an un-discharged insolvent; or
- (c) has been convicted of any offence involving moral turpitude; or
- (d) is conducting or engaging himself in private coaching classes; or
- (e) has been punished for indulging in or promoting unfair practice in the conduct of any examination, in any form, anywhere.
Chapter 4 AUTHORITIES OF THE UNIVERSITY
36. Proceedings not invalidated on account of Vacancy
36.
Chapter 4 AUTHORITIES OF THE UNIVERSITY
37. 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.
Filling of casual vacancies 37. In case there occurs any casual/temporary vacancy in any post of the 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.
Chapter 4 AUTHORITIES OF THE UNIVERSITY
38. Committees
38.
- (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.
Chapter 5 STATUTES, ORDINANCES AND REGULATIONS
39. The first Statutes
39. Subject to the provisions of this Act, and the rules made thereunder, the first statutes of the University 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 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.
Chapter 5 STATUTES, ORDINANCES AND REGULATIONS
40. The subsequent Statutes
40.
- (1) 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.
Chapter 5 STATUTES, ORDINANCES AND REGULATIONS
41. Statutes how made
41.
- (1) The first statutes shall be made by the State Government within a period of six months from the commencement of the Act and published in the Official Gazette and a copy thereof shall be laid before the State Legislative Assembly.
- (2) The statutes of the University other than the First statutes shall be made by the Board of Management with the approval of the Board of Governors.
- (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 Board of Governors.
- (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 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.
Chapter 5 STATUTES, ORDINANCES AND REGULATIONS
42. The Ordinances
42. Subject to the provisions of this Act and the Statutes, the Ordinances may provide for any matter and shall in particular provide for the following namely:,
- (a) the courses of study, admission or enrolment of students including regulation of reservation of seats, fee, qualifications or conditions requisite for award of any degrees, diplomas, certificates and other academic distinctions: Provided that at least 25 percent seats for admission to each academic programme shall be reserved for students who are bona-fide residents of the State.
- (b) the conditions for awarding of fellowships, scholarships, stipends, medals and prizes;
- (c) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators;
- (d) fees to be charged for the various courses, examinations, degrees and diplomas of the University;
- (e) the conditions of residence of the students in the hostels of the University;
- (f) provision regarding disciplinary action against the students;
- (g) the manner of co-operation and collaboration with other Universities and institutions of higher education; and
- (h) all other matters which by this Act or Statutes made thereunder are required to be provided by the Ordinances.
Chapter 5 STATUTES, ORDINANCES AND REGULATIONS
43. Ordinances how made
43.
- (1) The Board of Management may make, amend or repeal Ordinances, in the manner hereinafter provided.
- (2) All Ordinances made by the Board of Management shall have effect from such date as it may direct, but every Ordinance so made shall be submitted to the Chancellor within two weeks for approval. The Chancellor shall have the power to direct the Board of Management within four weeks of the receipt of the Ordinance to suspend its operation, and he shall, as soon as possible, inform the Board of Management of his objection to it. He may, after receiving the comments of the Board of Management, with the consultation of the Board of Governors, either withdraw the order suspending the Ordinance or disallow the Ordinance.
- (3) No Ordinances concerning the academic matters shall be made by the Board of Management unless a draft thereof has been proposed by the Academic Council.
- (4) The Board of management shall not have the power to amend any draft prepared by the Academic Council under sub-section (2), but may reject or return it to the Academic Council for reconsideration, in part or in whole, together with any amendments which the Board may suggest.
- (5) The Academic Council shall either modify the Ordinances incorporating the suggestions of the Board of Management or give reasons for not incorporating the suggestions, and shall return the Ordinances along with such reasons, if any. The Board of Management shall consider the comments of the Academic Council and shall approve the Ordinances of the University with or without such modification and then the Ordinances, as approved by the Chancellor shall come into force.
Chapter 5 STATUTES, ORDINANCES AND REGULATIONS
44. Regulations
44. 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 there under, for the conduct of their own business and of the committees appointed by them.
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45. Admission
45.
- (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 programme shall be reserved for students who are bona-fide residents of the State.
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46. Fee Structure
46.
- (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) 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.
- (a) sufficient for generating,
- (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.
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47. Examination
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.
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48. Explanation- Schedule of Examination means a table giving details about the time, day and date of the commencement of each course which is a part of a Scheme of Examinations.
Declaration of results 48.
- (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 47.
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49. Convocation
49.
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50. 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.
Annual Report 50.
- (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) Copies of the annual report prepared under sub-section
- (1) shall also be presented to the State Government.
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51. Provident Fund and Pension
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.
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52. Disputes
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.
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53. Protection of action taken in good faith
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.
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54. Transitional Provision
54. 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.
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55. Endowment fund
55.
- (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) 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) 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) 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.
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56. General Fund
56. University shall establish a fund, which shall be called the General Fund to which the 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) trusts, bequests, donations, except from parents and students, endowments and any other grants; and
- (e) all other sums received by the University
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57. Application of General Fund
57. The General Fund shall be utilized for the following purposes, namely:,
- (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;
- (b) for the expenses to be incurred by the University for services availed including services like electricity, telephone etc.;
- (c) for the payment of taxes or local levies wherever applicable;
- (d) for up-keeping of the assets of the University;
- (e) for the payment of debts including interest charges thereto incurred by the University;
- (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.;
- (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;
- (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;
- (j) for the purpose of movable and immovable assets;
- (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
- (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.
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58. Maintenance of Fund
58.
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59. The funds established under section 55 and 56 shall be regulated and maintained in such manner as may be prescribed by Statutes.
Account and Audit 59.
- (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 Charted 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 Board of Governors 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 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) 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.
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60. Mode of Proof of University Report
60.
- (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.
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61. Power of State Government to inspect the University
61.
- (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.
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62. Dissolution of the University by the sponsoring body
62.
- (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) 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.
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63. Expenditure of the University during dissolution
63.
- (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 in sub-section
- (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.
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64. De-recognition of the University by the State Government
64.
- (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 from any office;
- (d) receiving evidence on affidavits; and
- (e) any other matters which may be prescribed.
- (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.
- (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.
- (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.
- (8) Every notification under sub-section
- (6) shall be laid before the House of the State Legislature, before implementation.
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65. Special powers of the Government
65.
- (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) 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) 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) 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 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.
- (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 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.
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66. Status of Assets/ Liabilities on Dissolution/ De-recognition
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.
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67. Power to make Rules
67.
- (1) The State 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 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
- (4) of section 65; and
- (b) other matters which are required to be, or may be, prescribed by rules under this Act.
- (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.
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68. Removal of Difficulties
68.
- (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.
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