Shri Rukmani Dwarkadhish University of Science and Technology Act, 2024
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48. Provident Fund and Pension
The University shall constitute Provident Fund and Pension for the benefit of its employees and provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed.
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49. Disputes
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 another body of the University, the matter shall be referred to the Chancellor whose decision shall be final.
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50. Protection of action taken in good faith
No suit or other legal proceedings shall lie against any officer or another employee of the University for anything, which is done in good faith or intended to be done in pursuance of the provision of this Act, the Statutes or the Regulations.
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51. Transitional Provision
Notwithstanding anything contained in any other provisions of this Act, the Statutes or the Ordinances,
- (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 shall and hold office for a term of three years;
- (c) the First Governing Body 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.
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52. Mode of Proof of University Report
- (1) A copy, receipt, application, notice, order, proceeding or resolution of any authority or committee of the University or other documents in possession of the University of 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 of document or the existence of entry in the register and shall be admitted as evidence of the matters and the transactions therein recorded where the original therefore would, if produced, have been admissible in evidence.
- (2) The University shall abide by the University Grants Commission (Returns of Information by Universities) Rules, 1979.
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53. Dissolution of the University by the Sponsoring Body
- (1) The Sponsoring Body may dissolve the University by giving a notice to this effect to the Government, the employees and the students of the University at least 5
- (five) years’ in advance: Provided that the dissolution of the University shall have effect only after the last batches of students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards, as the case may be.
- (2) On the dissolution of the University all the assets and liabilities of the University shall vest in the Sponsoring Body as per the terms and conditions under the State laws: Provided that in case the Sponsoring Body dissolves the University before fifty years of its establishment, all the assets of the University including assets of the Sponsoring Body pertaining to the University shall vest in the State Government free from all encumbrances.
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54. Expenditure of the University during dissolution
- (1) The expenditure for the administration of the University during the dissolution period shall be borne out of its Endowment Fund, Management 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 dissolution of its management, such expenditure may be met by disposing of the properties or assets of the University, by the
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55. Sponsoring Body and the State Government.
De-recognition of the University by the State Government
- (1) Where the State Government receives a complaint that the University is not functioning in accordance with the provision of this Act or Rules, it shall require the University to show cause within such time, which shall not be less than two months, as to why the University should not be de- recognized.
- (2) If upon receipt of the reply of the University to the notice given under sub-section
- (1) the State Government is satisfied that a prima-facie case of mismanagement or violation of the provision of this Act in the functioning of the University is made out, it shall order such enquiry as it deems necessary.
- (3) For the purpose of an inquiry under sub-section
- (2) that State Government shall by notification, appoint an officer or authority not below the rank of Joint Secretary as the inquiring authority to inquire into an allegation of violation of the provision of this Act.
- (4) Every inquiring authority appointed under sub-section (3) while performing its functions under this Act shall have all the powers of a Civil Court trying a suit and particularly, in respect of the following matters, namely: -
- (a) summoning and enforcing the attendance of any witness and examining him on oath;
- (b) requiring the discovery and production of any documents;
- (c) requisitioning any public record or copy thereof from any office;
- (d) receiving evidence on affidavits; and
- (e) any other matters which may be prescribed.
- (5) If upon receipt of the inquiry report, the State Government is satisfied that the University has violated any provision of this Act, it shall direct the University to make necessary improvement and suggest for proper implementation of the provision of this Act.
- (6) If it is observed that the University is violating any provision of the Act continuously for three times the State Government may by notification take over its management duly informing the University Grants Commission.
- (7) During the period of the management of the University, the State Government may utilize the permanent Endowment Fund, the General Funds or any other fund for the purpose of the Management of the affairs of the University. If the funds of the University are not sufficient to meet the requisite expenditure of the University, the State Government may dispose of the assets or the properties of the University to meet the said expenses.
- (8) Every notification under sub-section
- (6) shall be laid before the houses of the State Legislative Assembly, before implementation.
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56. Special powers of the Government
- (1) If it appears to the Government that the University has contravened any of the provisions of this Act, or Rules, Statutes or Ordinances made hereunder or has contravened any of the directions issued by it under this Act or has ceased to carry out any of the undertakings given or a situation of financial mismanagement or mal-administration has arisen in the University, it shall issue notice requiring the University to show cause within forty-five days as to why an order of its liquidation should not be made.
- (2) If the Government, on receipt of reply of the University on the notice issued under sub-section (1), is satisfied that there is a prima-facie case of contravening all or any of the provisions of this Act, Statutes or Ordinances made there under or of contravening directions issued by it under this Act or of ceasing to carry out the undertaking given or of financial mismanagement or maladministration, it shall make an order of such enquiry as it may consider necessary.
- (3) The Government shall, for the purpose of any enquiry under sub-section (2), appoint an inquiry officer or officers to inquire into any of the allegations and to make report thereon.
- (4) The inquiry officer or officers appointed under sub-section (3) shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters, namely:-
- (a) summoning and enforcing the attendance of any person and examining him on oath;
- (b) requiring the discovery and production of any such document or any other material as may be predicable in evidence;
- (c) requisitioning any public record from any court or office; and
- (d) any other matter which may be prescribed.
- (5) The inquiry officer or officers inquiring under this Act, shall be deemed to be a Civil Court for the purposes of section 195 and chapter 26 of the Code of Criminal Procedure, 1973 (2 of 1974).
- (6) On receipt of the enquiry report from the officer or officers appointed under sub-section(3), if the Government is satisfied that the University has contravened all or any of the provisions of this Act, Statutes, or Ordinances made thereunder or has violated any of the directions issued by it under this Act or has ceased to carry out the undertakings given by it or a situation of financial mismanagement or mal- administration has arisen in the University which threatens the academic standard of the University, it shall issue orders for the liquidation of the University and appoint an administrator.
- (7) The administrator appointed under sub-section
- (6) shall have all the powers and duties of the Governing Body and the Board of Management under this Act and shall administer the affairs of the University until the last batch of the students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards, as the case may be.
- (8) After having awarded the degrees, diplomas or awards, as the case may be, to the last batches of the students of the regular courses, the administrator shall make a report to this effect to the Government.
- (9) On receipt of the report under sub-section (8), the Government shall, by notification in the Official Gazette, issue an order dissolving the University and from the date of publication of such notification, the University shall stand dissolved and all the assets of the University including assets of the Sponsoring Body pertaining to the University shall vest in the Government free from all encumbrances from the date of dissolution.
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57. Status of Assets, Liabilities on Dissolution and De-recognition
All assets and properties including the Endowment Fund, General Fund or any other fund and also the liabilities of the University shall belong to the Government in case of dissolution of the University.
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58. Powers of State Government to give directions
- (1) The State Government may, for the purpose of ascertaining the standards of teaching, examination and research or any other matter relating to the University, cause an assessment to be made in such manner as may be prescribed, by such person or persons as it may deem fit.
- (2) The State Government shall communicate its recommendations to the University on the basis of such assessment for corrective action. The University may adopt such corrective measures and make efforts so as to ensure the compliance of the recommendations.
- (3) The State Government may give such directions as it may deem fit if the University fails to comply with the recommendation made under sub-section
- (2) within a reasonable time.
- (4) The directions given by the State Government shall be immediately complied by the University.
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59. Power of the State Government to make rules
The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
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60. Completion of courses of students
Notwithstanding anything contained in this Act or Regulations, any student of the constituent colleges institutions of the University affiliated to any University who immediately before the commencement of this Act was studying or was eligible for any examination of that University shall be permitted to complete his course in preparation thereof, and University shall provide for the instruction, teaching, training and examination of such students, in accordance with courses of studies of the respective University in such manner and for such period as may be prescribed.
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61. Power to remove difficulties
- (1) If any difficulty arises in giving effect to the provisions, this Act, the State Government may, by order published in Official Gazette, take steps 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 order under sub-section shall be made after the expiration of a period of three years from the commencement of this Act.
- (2) Every order made under this section shall, as soon as may after it is made, be laid before the State Legislature.
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