Chapter 5 MISCELLANEOUS

1. (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. (2) Disciplinary action against the students or employees shall be governed by procedure as may be prescribed.

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 Vice Chancellor against the decision of any officer or authority below him and to the President against the decision of the Vice- Chancellor, and thereupon the President or the Vice-Chancellor, as the case may be, may confirm, modify or change the decision appealed against.

The University shall constitute, for the benefit of its employees, such provident or pension fund and may provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed.

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 President whose decision thereon shall be final.

Any authority of the University mentioned in section 8 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.

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, 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 fills would have been a member.

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 Rules or the Regulations.
2. (2) Nothing in sub-section
3. (1) shall be a bar for filing suits, prosecutions or other legal proceedings for anything done in the provisions of this Act and the Rules or Regulations made there under and any other law for the time being in force.

1. (1) The Sponsoring Body shall establish an Endowment Fund of Rupees five crores to be created in maximum four equal instalments within a span of four years from the date of publication of this Act in the Odisha Gazette.
2. (2) The amount of Endowment Fund shall be invested and kept invested until the dissolution of the University in public sector banks or in long term securities issued or guaranteed by the Government.
3. (3) The University may transfer any amount from the General Fund to the Endowment Fund.
4. (4) Except in case of dissolution of the University, in no circumstances can any money be transferred from the Endowment Fund for other purposes.
5. (5) Out of the incomes received from the Endowment Fund, an amount not exceeding 75% shall be transferred to the general fund of the University and the remaining shall be reinvested in the Endowment Fund.

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;
   • (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; and
   • (e) all incomes received from the Endowment Fund subject to the provisions of the sub-section
2. (5) of section 38.
3. (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 purposes of this Act and the Regulations, 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;
   • (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 to any such officers and employees, members of the teaching and research staff;
   • (f) the payment of travelling and other allowances/expenses of the members of the Board of Governors, Academic Council, and other authorities so declared under the Regulations of the University and of the members of any Committee appointed by any of the authorities of the University in pursuance of any provision of this Act, or the Regulations, 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 Rules or Regulations of the University;
   • (h) the payment of any expenses incurred by the University in carrying out the provisions of this Act, and the Rules or the Regulations;
     • (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 expenditures relating to the consultancy work undertaken by the University in pursuance of the provisions of this Act, the Rules, and the Regulations;
   • (k) the payment of any other expenses including management fee payable to any organisation charged with the responsibility of managing the University on behalf of the Sponsoring Body : 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 without the previous approval of the Board : Provided further that, the General Fund shall be applied for the objectives specified under sub-section (2).
   • (l) Expenditure is to be made towards other development of the University.

The funds established under sections 38 and 39 shall, subject to general supervision and control of the Board of Governors, be regulated and maintained in such manner, as may be prescribed.

1. (1) The Annual Report of the University shall be prepared and submitted to the Board for its approval.
2. (2) The Board 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 shall be sent to the State Government on or before the 31st December following closure of the financial year on the 31st March each year.

The annual accounts and Balance Sheet of the University shall be prepared under the direction of the Finance Committee 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.

1. (1) The annual accounts of the University shall be audited every year by chartered accountant, who is member of the Institute of Chartered Accountants of India.
2. (2) The annual accounts, the Balance Sheet and the audit report shall be placed before the Board at its meeting for consideration and approval, and the Board shall forward the same to the State Government.

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.

1. (1) Subject to the provisions of the Act and the Rules and Regulations made there under, any officer or authority of the University, except the Board, may, by order, delegate his or its powers, except the power to make Rules or Regulations, to any other officer or authority under his or its control subject to the condition that the ultimate responsibility for the exercise of the power so delegated shall continue to vest in the officer or authority delegating them.
2. (2) Approval of the Board shall be obtained before delegation of such powers.

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 three months’ notice in writing to the State Government along with reasons for such dissolution in detail.
2. (2) On dissolution of the University, all the assets and liabilities of the University shall vest in the Sponsoring Body, except the land, if any, leased out by the Government which shall be resumed by the Government.
3. (3) 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 dissolution of the University, shall vest in the State Government.
4. (4) The manner of dissolution of the University would be such as may be prescribed by the State Government in this behalf.
5. (5) If the State Government considers it necessary to suspend the Board, it shall, by notification published in the Official Gazette, order suspension of the Board 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: 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 dissolve under sub-section (3), the State Government shall, in consultation with the All India Council for Technical Education, University Grants Commission and other concerned Regulatory Bodies of Central or State Government, make such arrangements for administration of the University from the proposed date of dissolution 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.

1. (1) The expenditure for the administration of the University during the taken over period of its management under section 46 shall be met out of the Endowment Fund and the General Fund.
2. (2) If the funds 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 off the properties or assets of the University by the State Government.

The Government shall have powers to issue directions, from time to time, as may be required to be followed by the University under the provisions of this Act and the Rules or Regulation made there under and under any other law for the time being in force.

The Government shall not bear any financial liability for establishment of the University or for any action of the University or its officers or functionaries.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by a notification or order published in the Odisha Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear 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 Legislative Assembly.