The William Carey University Act, 2005
Chapter 6 Miscellaneous
Chapter 6 Miscellaneous
32. 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 students/employees shall be governed by procedure prescribed in the Statutes.
Chapter 6 Miscellaneous
33. Right to appeal
Every employee or student 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 principal of any such college, and thereupon the Board of Management may confirm, modify or change the decision appealed against.
Chapter 6 Miscellaneous
34. 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
35. Disputes as to constitution of the 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.
Chapter 6 Miscellaneous
36. Constitution of committees
Any authority of the University mentioned in Section 19 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 fit.
Chapter 6 Miscellaneous
37. Filling of casual vacancies
Any casual vacancy among the members, other than ex-officio member, 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
38. 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
39. 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; (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.
Chapter 6 Miscellaneous
40. Endowment Fund
- (1) The University shall establish an endowment fund of at least Rupees one 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 moneys 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. The remaining 25shall be reinvested into the endowment fund.
Chapter 6 Miscellaneous
41. 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 contribution made by the Sponsor; and (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 funds shall be appointed 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 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 41; (d) Meeting the expenses of any suit on 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; (f) The payment of travelling 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 Rules made there under; (g) The payment of fellowship, freeships, scholarship, assistantships and other awards to students, research associate 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 carrying out the provision of this Act, and the Statutes or the Rules made there under; (i) The payment of cost of capital, not exceeding for 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, 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; (l) 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; and (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
42. 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 fund credited to the development fund from time tot time shall be utilized for the development of the University.
Chapter 6 Miscellaneous
43. Maintenance of fund
The funds established under Section 40, 41 and 42 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
44. 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 the annual report duly approved by the Board of Governors shall be sent to Visitor and the State Government on or before December, 31st following close of the financial year in March, 31st each year.
Chapter 6 Miscellaneous
45. 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 by a Chartered Accountant, who is a member of the Institute of Chartered Accountants of India, every year; (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, 31st following close of the financial year in March, 31st 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 observation thereon on or before December, 31st 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
46. Made 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
47. 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 constitution with the AICTE and UGC make such arrangement 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
48. Expenditure of the University during dissolution.
- (1) The expenditure for administration of the University during the taking over period of its management under Section 47 shall be met 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 off the properties or assets of the University, by the State Government.
Chapter 6 Miscellaneous
49. Laying of Statutes and Rules
Every Statutes 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
50. Removal of difficulties
- (1) If any difficulty arise 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 subsection (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
51. 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 University established under this Act shall be subject to the UGC (Establishment and Maintenance of Standard in Private Universities) Regulation 2003 as amended from time to time and any other Regulation of direction as may be issued by the UGC from time to time.
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