Chapter VI MISCELLANEOUS

37.

1. (1) Subject to the provisions of clause
   • (d) of sub-section
2. (1) of Section 4, 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.
3. (2) Disciplinary action against the students or employees shall be governed by the procedure as may be prescribed.

38.

1. (1) Every officer of the University shall, notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed, to the Board of Governor against the decision of the University and thereupon the Board of Governor may confirm, modify or change the decision appealed against.
2. (2) Every employee or student of the University 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 and thereupon the Board of Management may confirm, modify or change the decision appealed against.

39. 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.

40. 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 Chairman who shall take a decision in consultation with the Vice-Chairman.

41. Any authority of the University referred to Section 21, is 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.

42. 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 in whose place he fills would have been a member.

43.

1. (1) 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.
2. (2) Nothing in sub-section
3. (1) shall be a bar for filling suits, prosecutions or other legal proceedings for anything done in contravention of the provisions of this Act and the Rules or Statute made thereunder.

44. Notwithstanding anything contained in any other provisions of this Act and the Statutes,

1. (a) The first Vice-Chancellor shall be appointed by the Chairman in consultation with the Vice-Chairman and the said officer shall hold office for a term of three years;
2. (b) The first Registrar and the first Finance Officer shall be appointed by the Chairman in consultation with the Vice-Chairman who shall hold office for a term of three years;
3. (c) The first Board of Governors shall hold office for a term not exceeding three years; and
4. (d) The first Board of Management, the first Finance Committee and the first Academic Council shall be constituted by the Chairman in consultation with the Vice-Chairman for a term of three years.

45.

1. (1) The Sponsoring Body shall establish a Corpus Fund of Rupees Ten Crores.
2. (2) The amount of Corpus Fund shall be invested and kept invested until the dissolution of the University in long term securities issued or guaranteed by the State Government.
3. (3) The University may transfer any amount from the General Fund or the Development Fund to the Corpus Fund.
4. (4) Excepting in the dissolution of the University, no money can transferred from the Corpus Fund under any other circumstances purposes other than that of the University.
5. (5) Out of the incomes received from the Corpus Fund amount not exceeding seventy five percentum shall be used for the purpose of development works of the University and the remaining twenty five percentum shall be reinvested in the Corpus Fund.

46.

1. (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 Sponsoring Body; and
   • (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. (2) The funds credited to the General Fund shall be applied to meet the following payments, namely:-
   • (a) the repayment of debts including interest charges thereto incurred by the University for the purpose 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 this section and Section 47;
   • (d) meeting the expenses of any suit or proceedings to which the 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 of the teaching and research staff;
   • (f) 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 Rules 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;
   • (h) the payment of any expenses incurred by the University in carrying out the provisions of this Act, and the Statutes or the Rules;
     • (i) the payment of cost of capital, not exceeding the prevailing bank rate of interest, incurred by the Sponsoring Body 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; and
   • (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: 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:

Development Fund 47.

1. (1) The University shall also establish a Development Fund to which the following amount shall be credited, namely:-
   • (a) all sums received from any other source for the purposes of the development of the University;
   • (b) all contributions made by the Sponsoring Body;
   • (c) 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; and
   • (d) subject to the provisions of sub-section
2. (5) of Section 45, incomes received from the Corpus Fund.
   • (e) development fees which may be charged from students;
3. (2) The amount credited to the Development Fund from time to time shall be utilized for the development of the University.

48.

Annual Report 49.

1. (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. (2) The Board of Governors shall consider the Annual Report in its meeting and may approve the same with or without modification.
3. (3) A copy of the Annual Report duly approved by the Board of Governors shall be sent to the Visitor and to the State Government on or before 31st December following closure of the financial year on the 31st March each year.

50.

1. (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. (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.
3. (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 the 31st December following closure of the financial year on the 31st March each year.
4. (4) The Annual Accounts, the Balance Sheet and the audit report shall be placed before the Board of Governors at its meeting for consideration and approval and the Board of Governors shall forward the same to the Visitor and to the State Government on or before the 31st December each year.
5. (5) In the event of any observation relating to deficiencies in financial management in the Report of the Chartered Accountant, the State Government may issue directions to the University, and such directions shall be binding on the University.

51. 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 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.

52.

1. (1) If the Sponsoring Body proposes dissolution of the University in accordance with the law governing its constitution or incorporation, it shall give at least six months notice in writing to the State Government.
2. (2) On identification of mismanagement, mal-administration, indiscipline, failure in the accomplishment of the objects of the University and economic hardships in the management systems of the University, the State Government shall, subject to and in accordance with relevant law, if any, for the time being in force, issue directions to the Sponsoring Body of the University and if the direction 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. (3) The manner of winding up of the University would be such as may be prescribed by the State Government in this behalf.
4. (4) If the State Government considers it necessary to suspend the Board of Management, it shall, by notification published in the Official Gazette, order suspension of the Board of Management and shall make such arrangements in consultation with the Sponsoring Body for the administration of the business of the University till the completion of investigation as it may consider necessary.
5. (5) If the State Government considers it necessary to suspend the Board of Governor, it shall, by notification published in the Official Gazette, order suspension of the Board of Governor with approval of Visitor of the University for the administration of the business of the University till the completion of investigation as it may consider necessary: Provided that no such action will be initiated without affording a reasonable opportunity to show cause to the Sponsoring Body.
6. (6) On receipt of the notice referred to in sub-section
7. (1) or on a decision to wind up under sub-section (2), the State Government shall, in consultation with the all India Council for Technical Education, University Grants Commission and other concerned Regulatory Bodies, make such arrangements for administration of the University from the proposed date of dissolution or winding up of the University 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.

53.

1. (1) The expenditure for administration of the University during the taken over period of its management under section 52 shall be met out of the Corpus Fund, the General Fund or the Development Fund.
2. (2) If the fund referred to in sub-section
3. (1) are not sufficient to meet the expenditure of the University during the taken over period of its management, such expenditure may be met by disposing of the properties or assets of the University, by the State Government.

54.

1. (1) If any difficulty arises in giving effect to the provisions 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 difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
2. (2) Every order made under sub-section
3. (1) shall, as soon as may be after it is made, be laid before the State legislature.