section 65
No suit, prosecution or other legal proceedings shall lie against, and no damages
The North East Christian University Act, 2012Chapter X MISCELLANEOUS
Recruitment and conditions of service of employees
54 (1) Subject to the provisions of this Act, all officer and employees of the University shall be recruited under a written agreement
- (2) Officers and employees shall hold the posts of which they are recruited as per terms and condition prescribed in regulations Preference to persons from the Sponsoring Bodies 55 (1) Personwho are bona fide members of the Nagaland Baptist Church Council and the Council of Baptist Church in Northeast India shall be given preference over others in the matter of recruitment to all posts, subject to fulfillment of the qualifications terms and other conditions of the appointment prescribed in regulations
- (2) The Executive Council has aright to relax the qualifications, terms and other condition of appointment to various posts in the University in favors of persons who are bona fide members of aforesaid Sponsoring Bodies without grossly compromising merit. Provident Fund and Pension 56 (1) The University shall constitute for the benefits of its employees such provident and Pension Fund and provide such insurance scheme as it may deem fit in such manner and subject to such condition as may be prescribed.
Annual report 57 (1) TheAnnual Report ofthe University shall be prepared by the Executive Council and approved by the Government Council, the Annual Report shall be sent to the Chancellor who shall cause it to be laid before the Nagaland Legislative Assembly.
- (2) Ifthe University has off-campus in another State or off-shore campus in another country, the Annual Report shall also be sent to the Government of the State or foreign country. Directives by the State Government 58 (1) The Governmentof Nagaland has power to give directive to the University if mismanagement, maladministration, indiscipline crisis and failure to comply with this Act and regulations made there under, come to notice of the Government of Nagaland
- (2) The University shall comply with all the directives given to it by the Government of Nagaland. Dissolution 59 (1) Ifaresolution by the highest decision making body of the Sponsoring Bodies is passed for the dissolution of the University or a Bill for repeal of this Act is passed by the Nagaland Legislative Assembly and assented to by the Governor of Nagaland , for gross inability of the University to carry out its functions in accordance with this Act and regulations made there under, the University shall stand dissolved within one years of the passing of the resolution or the Act; Provided that any such resolution passed by the Sponsoring Bodies may be rescinded by it before the expiry of one year for the date of passing of the original resolutions.
- (2) The dissolution shall not affected the pursuit of course by students but no further enrolment of students shall take place from the date of passing of the resolution or Act and if for any reason, such continued pursuit of course by students is not possible, the Sponsoring Bodies shall take necessary steps for transferring the studies of students to other institution to other institutions, organizations or Universities etc, in consultation with UGC etc, or provide reasonable financial compensation in lieu thereof, as may be determined by the Government Council of the University,
- (3) The money inthe Endowment Fund of the University shall be exclusively applied for the purpose of rehabilitating the students and other affected by the dissolution of the University
- (4) The State Government shall have overriding power to monitor an ensure the implementation of the provisions in this Section and, in case of any failure of the University to discharge its obligation, it shall take over the funds, property and other assets of the University, at any time, for fulfilling the obligations either by itself or by appointing an agency on its behalf.
- (5) Afterall the obligations under this Section have been met, the remaining funds, assets and liabilities of the University shall stand transferred to the Sponsoring Bodies immediately.
Regulation 60 (1) All matter relating to the conduct of affair of the University not expressly provided for in this Act in details, shall be provided fir in the regulations of the University
- (2) The Executive Council shall make all draft regulations
- (3) While making draft regulations ‘which affect the power, functions, authority and other relating matters of officers, Councils, Committees, Boards, Employees etc of the University, the Executive Council shall provide an opportunity of being heard to the affected parties.
- (4) All drafi regulations made by the Executive Council by majority shall have to be approved by the Government Council by two-thirds majority of members present and voting for coming into effect.
- (5) All regulation approved by the Governing Council shall be notified in appropriate form.
- (6) A copy of the regulations shall be circulate to all concerned in the University.
- (7) Acopy of the regulations shall also be sent to the Chancellor, State and foreign Government concerned.
- (8) All regulations, as soon as made, shall be laid before the Nagaland Legislative Assembly which may annul or amend the regulations by motions by simple majority within 90 days of laying.
- (9) If the regulation are annulled or amended by the Nagaland Legislative Assembly, they will be of no effect or of amended affect, as the case may be, from the date of passing of the motions for annulment or amendment.
Accreditation and compliance with laws 61 (1) The University shall seek, obtain and retain accreditation from respective national accreditation bodies for all its course and programme of study, as required under the University Grants Commission Act,1956 and the University Grant Commission.
- (2) The University shall obtain prior permission/ recognition from bodies like all Council of India, National Council for Technical Education, Bar Council of India Distance Education Council, Dental Council of India, Indian Nursing Council, Medical Council of India, National Council for teacher Education, Pharmacy Council of India ete, for its course and programmes of study.
- (3) The University shall also comply withal other laws, rules, regulations in force in regard to maintenance of educational and other standards in the University Acts not invalidated on ground of defect etc 62 NotActof Proceedings of the University shall be invalidated merely on the ground that the a Council, Committee, Board or any other authority of the University has not been duly constituted or there is a vacancy in such Council etc, or on ground of any technical defect or demerit in this Act or regulations made there under or on ground of any irregularity in service of notice of meetings etc Transitory powers 63 Until the Councils, Committees, Boards etc, and the officers and employees of the University are established or appointed, the Vice Chancellor, discharge all the duties under this Act and no action taken by him shall be questioned on ground that the procedure laid down in this act has not been follow. Provided that the transitory powers as aforesaid shall be available only for one year from the date of commencement of this Act. Removal of doubts 64 (1) Nothing inthis Act shall be construed as transferring from the Sponsoring . Bodies to the University any right of ownership or possession, if any, held over, or in respect of, the institute established by it other than the University established under this Act.
- (2) ifany difficulty arise in giving effect to the provision of this Act, the State Government may by order, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient, for : removing the difficulties. Provided that, no order under sub-section (2) shall be made after the expiration of a period of five years from the commencement of this Act.
- (3) every order made under sub-section (2) shall, as soon as may be, iaid before the Nagaland legislative assembly which may annul or amend the orders by motion by simple majority within 90 days of lying.
- (4) if the orders are annulled or amended by the Nagaland Legislative Assembly, they will be of no effects as the case may be, from the date of passing of the motion for annulment or amendment. Protection of acts
shall be claimed from the Officers, Councils, Committees, Boards, Employees and other authorities of the university in respect of anything done or purported to have been done in good faith in pursuance of this Act or any regulation made there under. 462-
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