Rajitlal University Act, 2011
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33. Conditions of service of employees
- (1) Every employee shall be appointed under a written contract, which shall be kept in the University a copy of which shall be furnished to the employee concerned.
- (2) Disciplinary action against the students or employees shall be governed by the procedure prescribed in the Statutes.
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34. Right to appeal
Every employee or student of the University or of a constituent college, shall notwithstanding anything contained in the Act, have a right to appeal within such time as may be prescribed, to the Board of Management against the decision of any other officer or authority of the University or of the Principal of any such college, and thereupon the Board of Management may confirm, modify or change the decision appealed against.
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35. Provident fund and pension
The University shall constitute for the benefit of its employees such provident or pension fund 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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36. Disputes as to 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 other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.
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37. Constitution of committees
Any authority of the University mentioned in Section 20 will be empowered to constitute a committee of such authority, consisting of such members as such authority may deem fit, having such powers as the authority may deem fit.
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38. Filling of casual vacancies
Any casual vacancy among the members, other than ex-officio members of any authority or body of the University shall be filled in the same manner in which the member whose vacancy is to be filled up, was chosen, and the person filling the vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he or she fills would have been a member.
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39. Protection of action taken in good faith
No suit or other legal proceedings shall lie against any officer or other employee of the University for anything, which is done in good faith is intended to be done.
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40. Transitional provisions
Notwithstanding anything contained in any other provisions of this Act –
- (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 who 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;
- (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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41. Endowment Fund
- (1) The University shall establish an Endowment Fund of at least Rupees two crores and paid in one installment.
- (2) The University shall have power to invest the Endowment Fund in such manner as may be prescribed.
- (3) The University may transfer any amount from the General Fund or the Development Fund to the Endowment Fund. Excepting in the dissolution of the University, in no other circumstances can any monies be transferred from the Endowment Fund for other purpose.
- (4) Not exceeding 75% of the incomes received from the Endowment Fund shall be used for the purposes of development works of the University.
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42. The remaining 25% shall be reinvested into the Endowment Fund.
General Fund
- (1) The University shall establish a general fund to which the following amount shall be credited, namely, -
- (a) all fees, which may be charged by the University;
- (b) all sums received from any other sources;
- (c) all contributions made by the sponsor;
- (d) all contributions or donations made in this behalf by any other person or body, which are not prohibited by any law for the time being in force.
- (2) The funds credited to the General Fund shall be applied to meet the following payments:-
- (a) the repayment of debts including interest charges thereto incurred by the University for the purposes of this Act and the Statutes made there under;
- (b) the upkeep of the assets of the University;
- (c) the payment of the cost of audit of the fund created under Section 46;
- (d) meeting the expenses of any suit or proceeding to which University is a party;
- (e) the payment of salaries and allowances of the officers and the employees of the University, members of the teaching and research staff, and payment of any Provident Fund Contributions, Gratuity and other benefits to any such officers and employees, members of the teaching and research staff;
- (f) the payment of traveling and other allowances of the members of Board of Governors, the Board of Management, Academic Council, and other authorities so declared under the Rules and Regulations of the University and of the members if the committee or Board appointed by any of the authorities of the University in pursuance of any provision of this Act, or the Statutes made thereunder;
- (g) the payment of fellowship, freeships, scholarships, assistantships and other awards to students, research associates or trainees eligible for such awards under the Act, or Statutes of the University under the provisions of this Act;
- (h) the payment of any expenses incurred by the University in carrying out the provisions of this Act, or the Rules and Regulations made thereunder;
- (i) the payment of costs of capital, not exceeding the prevailing bank rate of interest, incurred by the sponsor for setting up the University and the investment made thereof;
- (j) the payment of charges and expenditure relating to the consultancy work undertaken by the University in Pursuance of the Provisions of this Act, and the Statutes made thereunder;
- (k) the payment of any other expenses including a management fee payable to any organization charged with the responsibility of managing the University on behalf of the Sponsoring Body, as approved by the Board of Management to be an expense for the purpose of the University: Provided that no expenditure shall be incurred by the University in excess of the limits for the total recurring expenditure and the total non-recurring expenditure for the year as may be fixed by the Board of Management without the previous approval of the Board of Management:
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43. Provided further that the General fund shall be applied for the object specified under sub-section (2) with the prior approval of the Board of Management of the University.
Development Fund The University shall also establish a Development Fund to which the following funds shall be credited, namely,-
- (a) development fees which may be charged from students;
- (b) all sums received from any other source for the purpose of the development of the University;
- (c) all contributions made by the Sponsor;
- (d) all contributions or donations make in this behalf by any other person or body which are not prohibited by any law for the time being in force; and
- (e) all incomes received from the Endowment Fund.
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44. Maintenance of Fund
The fund established under Section 41, 42 and 43 shall, subject to general supervision and control of the Board of Governors, be regulated and maintained in such manner as may be prescribed by the Statutes.
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45. Annual Report
- (1) The Annual Report of the University shall be prepared under the direction of the Board of Management and shall be submitted to the Board of Governors for its approval.
- (2) The Board of Governors shall consider the Annual Report in its meeting and may approve the same with or without modification;
- (3) A copy of Annual Report duly approved by the Board of Governors shall be sent to visitor and the State Government on or before December 31 following close of the financial year in March 31 each year.
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46. Account and Audit
- (1) The Annual Accounts and Balance Sheet of the University shall be prepared under the direction of the 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 every year by a Chartered Accountant, who is a Member of the Institute of Chartered Accountants of India, to be appointed by the Board of Management on mutually agreeable terms for a period of three years.
- (3) A copy of the Annual Accounts and the Balance Sheet together with the Audit Report shall be submitted to the Board of Governors on or before December 31 following close of the financial year in 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 the Board of Governors shall forward the same to Visitor and the State Government along with its observation thereon on or before December 31 each year.
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47. Mode of proof of University record
A copy of any receipt, application, notice, order, proceeding or resolution of any authority or committee of the University or other documents In possession of the University or 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 or document or the existence of the entry in the register and shall be admitted as evidence of the matters and transaction therein recorded where the original thereof would, if produced, have been admissible in evidence.
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48. Dissolution of University
- (1) If the Sponsor proposes dissolution of the University in accordance with the law governing its constitution or Incorporation, it shall give at least 3 months notice in writing to the State Government.
- (2) On identification of mismanagement, mal-administration, in- discipline, failure in the accomplishment of the objectives of University and economic hardship in the management systems of University, the State Government would issue directions to the Management system of the University. If the directions are not followed within such time as may be prescribed, the right to take decision for winding up of the University would vest in the State Government.
- (3) The manner of winding up of the University would be such as may be prescribed by the State Government in this behalf, provided that no such action will be initiated without affording a reasonable opportunity to show cause to the sponsor.
- (4) On Receipt of the notice referred to in sub- section (1), the State Government shall, in consultation with the AICTE, UGC or other regulatory bodies make such arrangements for administration of the University from the proposed date of dissolution of the University by the Sponsor and until the last batch of students in regular courses of studies of the University complete their courses of studies in such manner as may be prescribed by the Statutes.
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49. Expenditure of the University during dissolution
- (1) The expenditure for administration of the University during the taking over period under Section 48 shall be made out of the Endowment Fund, the General Fund or the Development Fund.
- (2) If the funds referred to sub-section
- (1) are not sufficient to meet the expenditure of the University during the taking over period of its management, such expenditure may be met by disposing of the properties or assets of the University, by the State Government.
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50. Laying of Statutes and Rules
Every Statute or Rule make under this Act shall be laid, as soon as may be after it is made, on the table of the Meghalaya Legislative Assembly.
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51. Removal of Difficulties
- (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 appeared to, make such provisions of this Act, as appeared to it to be necessary or expedient, for removing the difficulty: Provided that no notification or order under sub-section
- (1) shall be make after the expiration of a period of three years from the Commencement of this Act.
- (2) Every order make under sub-section
- (1) shall, as soon as may be after it is made, be laid before the State Legislature.
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52. University to be subject to standards of UGC
Notwithstanding anything contained in this Act, the establishment maintenance of standards and any other matter concerning private universities established under this Act shall be as per the provision of UGC (Establishment and Maintenance of Standards in Private Universities) Regulations, 2003 as amended from time to time and any other regulation or direction as may be issued by the UGC and the State Government from time to time.
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