THE MANIPUR UNIVERSITY OF CULTURE (AMENDMENT) ACT, 2015
The Manipur University of Culture (Amendment) Act, 2015
0. Preamble
GOVERNMENT OF MANIPUR SECRETARIAT : LAW & LEGISLATIVE AFFAIRS DEPARTMENT NOTIFICATION . Imphal, August 10, 2015 No. 2/32/2015-Leg/L : The following Act of the Legislature, Manipur which received assent of the Governor of Manipur on 3 August, 2015 is hereby published in the Official Gazette: THE MANIPUR UNIVERSITY OF CULTURE (AMENDMENT) ACT, 2015 (MANIPUR ACT NO. 9 OF 2015) AN ACT to amend the Manipur University of Culture Act, 2015 (Manipur Act No. 7 of 2013). Be it enacted by the Legislature of Manipur in the Sixty-sixth ’ .gezr.of the Republic of India as follows: ’ : 4..¢E) This Act may be called the Manipur University of Culture Short title and (Amendment) Act, 2015. . commencement. @ It shall come into force om such date as the State Government may, by notification in the Official Gazette, : .
2. Amendment of Section 2
In section 2 of the Manipur University of Culture Act, 2015 (hereinafter referred to as the Principal Act),— (i) in clause (e), for the word “privileges”, the words “the privileges” shall be substituted; (ii) in clause (s), for the word “of”, the word “or” shall be substituted.
3. Amendment of Section 6
In clause (ii) of section 6 of the Principal Act, for the words “certificate to, and confer”, the words “certificates, and to confer” shall be substituted.
5. Amendment of Section 25
In clause (r) of section 25 of the Principal Act, for the words “be may be”, the words “be, or may be” shall be substituted.
6. Amendment of Section 37
In section 37 of the Principal Act, for the words “who appoint”, the words “who appoints” shall be substituted. (1) The Finance Officer shall be appointed by the Executive Council on the recommendation of a Selection Committee constituted for the purpose and he shall be a whole time salaried officer of the University. (2) The Finance Officer shall be appointed for a term of five years and shall be eligible for re-appointment. (3) The emoluments and other term and conditions of service of the Finance Officer shall be such as may be prescribed by the Executive Council from time to time. Provided that the Finance Officer shall retire on attaining the age of sixty two years. (4) When the office of the Finance Officer is vacant or when the Finance Officer is by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office of Finance Officer shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (5) The Finance Officer shall be the ex-officio Secretary of the Finance Committee but shall not be deemed to be a member of such Committee. (6) The Finance Officer shall - (a) exercise general supervision over the funds of the University and shall advise it as regards its financial policy, and (b) perform such other financial functions as may be assigned to him by the Executive Council or as may be prescribed by the Statutes or the Ordinances. (7) Subject to the control of the Executive Council, the Finance Officer shall - (a) hold and manage the property and investments of the University including trust and endowed property; (b) ensure that the limits fixed by the Executive Council for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted; (c) be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Executive Council; (d) keep a constant watch on the state of the cash and bank balances and on the state of investments; (e) watch the progress of collection of revenue and advise on the method of collection employed; (f) ensure that the registers of buildings, land, furniture and equipments are maintained up-to-date and the stock-checking is conducted, of equipment and other consumable materials in all offices, Departments, College, Institutions and Centres; (g) bring to the notice of the Vice-Chancellor unauthorized expenditure and other financial irregularities and suggest disciplinary action against persons at fault; and (h) call for from an office, Department, Centre, College or Institution maintained by the University, any information or returns that he may consider necessary for the performance of his duties. (8) Any receipt given by the Finance Officer or the person or persons duly authorized in this behalf by the Executive Council for any money payable to the University shall be sufficient discharge for payment of such money.
10. Quorum for the meeting of Executive Council
Seven members of the Executive Council shall form a quorum for a meeting of the Executive Council.
15. Board of Studies
(1) Each Department shall have a Board of Studies. (2) The constitution of the Board of Studies and the term of office of its members shall be prescribed by the Ordinances. (3) Subject to the overall control and supervision of the Academic Council, the functions of a Board of Studies shall be to approve subjects of research for various degrees and other requirements of research degree and to recommend to the concerned School Board in the manner prescribed by the Ordinances - (a) course of studies and appointment of examiners for courses, but excluding research degrees; (b) appointment of supervisors for research; and (c) measures for the improvement of the standard of teaching and research. Provided that the above functions of a Board of Studies shall, during the period of three years immediately after the commencement of this Act, be performed by the Department.
21. Committees
(1) An authority of the University may appoint as many standing or special Committees as it may deem fit, and may appoint to such Committees persons who are not members of such authority. (2) A Committee appointed under Clause (1) may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing it.
23. Terms and conditions of service and code of conduct of other employees
(1) All the employees of the University, other than the teachers and other academic staff shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, Ordinances and the Regulations. (2) The manner of appointment and emoluments of the employees, other than the teachers and other academic staff, shall be such as may be prescribed by the Ordinances.
24. Seniority list
(1) Whenever, in accordance with the Statutes, any person is to hold an office or be a member of an authority of the University by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade and in accordance with such other principle as the Executive Council may, from time to time, prescribe. (2) It shall be the duty of the Registrar to prepare and maintain in respect of each class of persons to whom the provisions of these Statutes apply, a complete and up-to-date seniority list in accordance with the provisions of Clause (1). (3) If two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in doubt, the Registrar may, on his own motion and shall at the request of such persons, submit the matter to the Executive Council, whose decision shall be final.
26. Honorary degrees
The Executive Council may, on the recommendation of the Academic Council by a special resolution passed by a majority of not less that two-third of the members present and voting, make proposals to the Chancellor for the conferment of honorary degrees. Provided that in case of emergency, the Executive Council may, on its own motion, make such proposals.
27. Withdrawal of Degrees, etc
The Executive Council may, by a resolution passed by a majority of not less than two thirds of the members present and voting, withdraw any degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the University for good and sufficient cause: Provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon him to show cause within such time as may be specified in the notice as to why such a resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the Executive Council.
30. Institutions to the privileges of the University and for the withdrawal of those privileges.
Convocations of the University for conferring of degrees Convocation. or for other purposes shall be held in such manner as may be prescribed by the Ordinances.
31. Any member, other than an ex-officio member of the Registration of
Court, the Executive Council, the Academic Council or any members. other authority of the University or any Committee of such authority, may resign by letter addressed to the Registrar and the resignation shall take effect as soon as letter is received by the
32. Registrar.
Where no provision is made for a President or a Acting Chairman to preside over a meeting of any authority of the nan of University or any Committee of such authority or when the President or the Chairman so provided for is absent, the ; members present shall elect one from amongst themselves to ! preside over such meeting.
Disqualification. 33, (1) A person shall be disqualified for being chosen as, and for being, a member of any of the authorities of the University if-
- (i) he is of unsound mind; or
- (ii) he is an un-discharged insolvent; or
- (ii) he has been convicted by a Court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months.
- (2) If any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in clause (1), the question shall be referred to the Chancellor and his decision shall be final and no suit or other proceeding shall lie in any civil court against such decision. Residence 34, Notwithstanding anything contained in the Statutes, a eran person who is not ordinarily resident in India shall not be and office. eligible to be an officer of the University or a member of any authority of the University. Membership of 35. Notwithstanding anything contained in the Statutes, a authorities by person who holds any post in the University or is a member of membership of any authority or body of the University in his capacity as a other bodies. member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be. Alumni 36, (1) There shall be an Alumni Association for University. Association.
- (2) The subscription for membership of the Alumni Association shall be prescribed by the Ordinances.
- (3) No member of the Alumni Association shall be entitled to vote or stand for election unless he has been a member of the Association for at least one year prior to the date of election and is a degree holder of the University of at least five years standing. Provided that the condition relating to the completion of one year’s membership shall not apply in the case of the first election. - 37. (1) There shall be a Students’ Union constituted in the Students University for every academic year, the office bearers and Union. members of it shall be elected directly by the regular students of the University.
- (2) The number and category of office bearers and the number of the executive committee members and the eligibility of the voters shall be as prescribed by the Ordinances.
- (3) Every student of the University shall have the right to bring up any matter concerning the University to the Students’ Union, and he shall have the right to participate in the discussions at any meeting when the matter is taken up for consideration.
- (4) The function of the Students’ Union shall be to make suggestions to the appropriate authority of the University in regard to the programmes of studies, students’ welfare, and matter of other importance in regard to the working of the
37. Students' Union
(1) There shall be a Students' Union constituted in the University for every academic year, the office bearers and members of it shall be elected directly by the regular students of the University. (2) The number and category of office bearers and the number of the executive committee members and the eligibility of the voters shall be as prescribed by the Ordinances. (3) Every student of the University shall have the right to bring up any matter concerning the University to the Students' Union, and he shall have the right to participate in the discussions at any meeting when the matter is taken up for consideration. (4) The function of the Students' Union shall be to make suggestions to the appropriate authority of the University in regard to the programmes of studies, students' welfare, and matter of other importance in regard to the working of the University in general and such suggestions shall be made on the basis of consensus of opinion.
38. Ordinances, how to be made
(1) The first Ordinances made under sub section (2) of section 27 of the Act may be amended, repealed or added to at any time by the Executive Council in the manner specified in the following sub-clauses. (2) No Ordinances in respect of the matters enumerated in sub-section (1) of section 27 shall be made by the Executive Council unless a draft of such ordinance has been proposed by the Academic Council. (3) The Executive Council shall not have power to amend any draft of any Ordinances proposed by the Academic Council under Clause (2), but may reject the proposal or return the draft to the Academic Council for re-consideration, either in whole or in part, together with any amendments which the Executive Council may suggest. (4) Where the Executive Council has rejected or returned the draft of any Ordinances proposed by the Academic Council, the Academic Council may consider the question afresh and in case, the original draft is re-affirmed by a majority of not less than two-thirds of the members present and voting and more than half of the total number of members of the Academic Council, the draft may be sent back to the Executive Council which shall either adopt it or refer it to the Chancellor whose decision shall be final. (5) Every Ordinances made by the Executive Council shall come into effect immediately. (6) Every Ordinances made by the Executive Council shall be submitted to the Chancellor within two weeks from the date of its adoption. (7) The Chancellor shall have the power to direct the University to suspend the operation of any Ordinances. (8) The Chancellor shall inform the Executive Council about his objection to the Ordinances referred to in Clause (7) and may, after receiving the comments of the University, either withdraw the order suspending the Ordinances or disallow the Ordinances, and his decision shall be final.
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