The University of Science and Technology, Meghalaya Act, 2008
Chapter 6 Miscellaneous
Chapter 6 Miscellaneous
33. Conditions of Service of employees
- (1) Every employee shall be appointed under a written contract, which shall be kept in the University and a copy of which shall be furnished to the employee concerned. (2) Disciplinary action against the employees shall be governed by procedure prescribed in the Statutes.
Chapter 6 Miscellaneous
34. Right to appeal
- (1) Every employee of the University or of a constituent college, shall notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed, to the Board of Management against the decision of any officer or authority of the University or of the Director of any such college, and thereupon the Board of Mapagement may confirm, modify or change the decision appealed against. (2) Disciplinary action against the students/employees shall be governed by procedure prescribed in the Statutes.
Chapter 6 Miscellaneous
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.
Chapter 6 Miscellaneous
36. Disputes as to constitution of University authorities and bodies
If any question arises as to whether any person has been duly selected 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.
Chapter 6 Miscellaneous
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, and having such powers as the authority may deem tit.
Chapter 6 Miscellaneous
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/she fills would have been a member.
Chapter 6 Miscellaneous
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 or intended to be done in pursuance of the provisions of this Act, the Statutes or the Rules.
Chapter 6 Miscellaneous
40. Transitional provisions
Notwithstanding anything contained in any other provisions of this Act and the Statutes: (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 and two years respectively; (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 two years apd may be extended for another one year after considering the dedication, performance in implementation and administration. (e) The First Dean of Schools/Director of Institutes, Dean Administration! Academic/Students welfare will be appointed for two years and may be extended for another one year after considering the dedication, performance of implementation and administration.
Chapter 6 Miscellaneous
41. Endowment Fund
- (1) The University shall establish an Endowment Fund of at least Rupees two crore. (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 purposes. (4) Not exceeding 75 of the incomes received from the endowment fund shall be used for the purposes of development works of the University. The remaining 25 shall be reinvested into the endowment fund.
Chapter 6 Miscellaneous
42. 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 source; (c) All contributions made by the Sponsor; (d) All contributions/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, and the Rules made thereunder; (b) The upkeep of the assets of the University; (c) The payment of the cost of audit of the fund created under section 42. (d) Meeting the expenses of any suit or proceedings to which University is a party; (e) The payment of salaries and allowances of the officers and 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; (0 The payment of traveling and other allowances of the members of the Board of Governors, the Board of Management, Academic Council, and other authorities so declared under the Statutes of the University and of the members of any Committee or Board appointed by any of the authorities of the University in pursuance of any provision of this Act, or the Statutes, or the RuL.3 made thereunder; (g) The payment of fellowships, freeships, scholarships, assistantships and other awards to students, research associates or trainees eligible for such awards under the Statutes, or Rules of the University under the provisions of this Act; (h) The payment of any expenses incurred by the University in carryilng out the provisions of this Act, and the Statutes or the Rules made thereunder; (i) The payment of cost of capital, not exceeding the prevailing bank rate of interest, incurred by the Sponsor for setting up the University and the investments 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, and the Rules made there under; (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 purposes of the University (I) 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 the previous approval of the Board of Management. (m)Provided further that the General fund shall be applied for the objects specified under sub section (2) with the prior approval of the Board of Management of the University.
Chapter 6 Miscellaneous
43. Development fund
- (1) 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 purposes of the development of the University; (c) All contributions made by the Sponsor; (d) All contributions/donations made 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. (2) The funds credited to the development fund from time to time shall be utilized for the development of the University.
Chapter 6 Miscellaneous
44. Maintenance of fund
The funds established under .sections 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.
Chapter 6 Miscellaneous
45. Annual Report
45.(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 the 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.
Chapter 6 Miscellaneous
46. Account and Audit
- (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 the 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. 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 the Visitor and the State Government along with its observations thereon on or before December 31 each year. (5) In the event of any material qualifications in the Report of the Auditors, the State Government may issue directions to the University, and such directions shall be binding on the University.
Chapter 6 Miscellaneous
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 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.
Chapter 6 Miscellaneous
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 three months notice in writing to the State Government. (2) On identification of mismanagement, mal-administration, in-discipline, failure in the accomplishment of the objects of University and economic hardships in the management systems of University, the State Government would . issue directions to the management system of 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 and UGC 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.
Chapter 6 Miscellaneous
49. Expenditure of the University during dissolution
- (1) The expenditure for administration of the University during the taking over period of its management under section 48 shall be met out of the endowment fund, the general fund or the development fund. (2) If the funds referred to sub-section (l) 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.
Chapter 6 Miscellaneous
50. Laying of Statutes and Rules
Every Statute or Rule made under this Act shall be laid, as soon as may be after it is made, on the table of the Legislative Assembly.
Chapter 6 Miscellaneous
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 appear to it to be necessary or expedient, for removing the difficulty: Provided that no notification or order under sub-section (1) shall be made after the expiration of a period of three years from the commencement of this Act. (2) Every order made under sub-section (1) shall, as soon as may be after it is made, be laid before the State legislature.
Chapter 6 Miscellaneous
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 this University including constituent colleges, study centres, and regional centres shall be subject to the UGC (Establishment and Maintenance of Standards in Private Universities) Regulation 2003 as amended from time to time and any other Regulation or direction as may be issued by the UGC from time to time.
Chapter 6 Miscellaneous
53. University Review Committee
(1)The Visitor shall once, at least in every 5 years, constitute a committee to review the working of the University and to make recommendation (2)The Committee shall consist of not less than three eminent educationists, one of whom shall be the chairman of the committee appointed by the Visitor in consultation with the State Government. (3)The terms and conditions of the appointment of the members shall be determined by Visitor. (4)The Visitor may take such actions of the recommendations as he deems fit.
Chapter 6 Miscellaneous
54. Honorary Degrees
If not less than two thirds of the members of the Academic Council, recommend that an honorary degree or academic distinction be conferred on any person of the ground that he is in their opinion by reason of eminent attainment and position, fit and proper to receive such degree or academic distinction, the Board of Governors may by a resolution, decide that the same may be conferred on the person recommended.
Chapter 6 Miscellaneous
55. Withdrawal of Degree or Diploma
- (1) The Board of Governors may on the recommendation of the Academic Council, Withdraw any distinction, degree, diploma or privileged conferred on or granted to any person by a resolution passed by the majority of the total membership of the Board of Governors and by a majority of not less than two thirds of the members of the Board of Governors present and voting at the meeting, if such person has been convicted by a court of law for an offence which in the opinion of the Board of Governors involves moral turpitude or if he has been guilty of gross misconduct. (2) No action under this rule shall be taken against any person unless he has been given an opportunity to show cause against the action proposed to be taken. A copy of the resolution passed by the Board of Governors shall be immediately sent to the person concerned. Any person aggrieved by the decision taken by the Board of Governors may appeal to the Visitor within thirty days from the date of the receipt of such resolution. The decision of the Visitor in such appeal shall be final.
Chapter 6 Miscellaneous
56. Discipline
The final authority responsible for maintenance of discipline among the students of the University shall be the Vice-Chancellor. His directions in that behalf shall be carried out by the Heads of the University, hostels and Institutions. Notwithstanding anything contained in sub-clause, the punishment of debarring a student from the examination or restriction from the University or a hostel or an institution shall on the report of the Vice-Chancellor be considered and imposed by the Board of Management. Provided that no such punishment shall be imposed without giving the student concerned a reasonable opportunity to show cause against the action proposed to be taken against him.
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