The Eastern Institute for Integrated Learning in Management University, Sikkim Act, 2006
The Eastern Institute for Integrated Learning in Management University, Sikkim Act, 2006
1. Short title, and commencement
(1) This Act may be called the Eastern Institute for Integrated Learning in Management University Sikkim Act, 2006. (2) It shall come into force on such date as the State Government may by notification in the official Gazette, appoint.
2. Definitions
In this Act, unless the context otherwise requires,(i) "Academic Council" means the Academic Council of the University; (ii) "AICTE" means the All India Council for Technical Education established under the All India Council for Technical Education Act, 1987; (iii) "Affiliated college" means a college or an institution which is affiliated to the University; (iv) "Board of Management" means the Board of Management of the University as constituted under section 20 of the Act; (v) "Board of Governors" means the Board of Governors of the University as constituted under section 19 of the Act; (vi) "Chancellor" means the Chancellor of the University appointed under section 13 of the Act; (vii) "Constituent college" means a college or an institution maintained by the University; (viii) "Development fund" means the development fund of the University established under section 42 of the Act; (ix) "Distance Education System" means the system of imparting education through any means of information technology and communication such as multimedia, broadcasting, telecasting, online or other interactive methods; (x) "Endowment fund" means the endowment fund of the University established under section 40 of the Act; (xi) "Employee" means an employee employed by the University, and includes teachers and other staff of the University or of a constituent college; (xii) "Faculty" means the faculty of the University; (xiii) "Finance Officer" means the Finance Officer of the University appointed under section 17 of the Act; (xiv) "General fund" means general fund of the University established under section 41 of the Act; (xv) "Prescribed" means prescribed by the Statutes and the rules made under this Act; (xvi) "Principal" in relation to a constituent college, means the Head of the constituent college and includes, where there is no principal, the Vice-Principal or any other person for the time being appointed to act as Principal; (xvii) "Regional Center" means a center established or maintained by the University for the purpose of coordinating and supervising the work of Study Centers in any region and for performing such other functions as may be conferred on such center by the Board of Governors; (xviii) "Registrar" means the Registrar of the University appointed under section 16 of the Act; (xix) "Rules" means the rules of the University made under this Act; (xx) "Sponsor" means the Eastern Institute for Integrated Learning in Management (EIILM), Kolkata, West Bengal, a unit of Mila vika Foundation, New Delhi which is registered as a Trust; (xxi) "State" means the State of Sikkim; (xxii) "State Government" means the State Government of Sikkim; (xxiii) "Statutes" means the Statutes of the University; (xxiv) "Study Center" means a center established, maintained or recognized by the University for the purpose of advising, counseling or for rendering any other assistance including training, conducting contact classes and administering examinations required by the students; (xxv) "Teacher" means a Professor, Associate Professor, Assistant Professor/Lecturer or any other person who may be appointed to imparting instruction or conducting research in the University or in a constituent college or institution and includes the Principal of a constituent college or institution, in conformity with the norms prescribed by the University Grants Commission; (xxvi) "UGC" means the University Grants Commission established under the University Grants Commission Act, 1956; (xxvii) "University" means the Eastern Institute for Integrated Learning in Management University established under this Act; (xxviii) "Vice-Chancellor" means the Vice-Chancellor of the University appointed under section 14 of the Act; (xxix) "Visitor" means the Visitor of the University appointed under section 12 of the Act.
3. Proposal for the establishment of the University
(1) The Sponsor shall have the right to establish the University in accordance with the provisions of this Act. (2) An application containing the proposal to establish a University shall be made to the State Government by the Sponsor. (3) The proposal may contain the following particulars, namely:- (a) the objects of the University along with the details of the Sponsor; (b) the extent and status of the University and the availability of land; (c) the nature and type of programs of study and research to be undertaken by the University during a period of the next five years; (d) the nature of faculties, courses of study and research proposed to be started; (e) the campus development such as buildings, equipment and structural amenities; (f) the phased outlays or capital expenditure for a period of the next five years; (g) the item-wise recurring expenditure, sources of finance and estimated expenditure for each student; (h) the scheme for mobilizing resources and the cost of capital thereto and the manner of repayments to each source; (i) the scheme of generation of funds internally through the recovery of fee from students, dues, revenues anticipated from consultancy and other activities relating to the objects of the University and other anticipated incomes; (j) the details of expenditure on unit cost, the extent of concessions or rebates in fee, freeship and scholarship for students belonging to economically weaker sections and the fee structure indicating varying rate of fee, if any, that would be levied on non-resident Indians and students of other nationalities; (k) the year of experience and expertise in the concerned discipline at the command of the Sponsor as well as the financial resources; (l) the system for selection of students to the courses of study at the University; (m) status of fulfillment of such other conditions as may be required by the State Government to be fulfilled before the establishment of the University.
4. Establishment of University
(1) Where the State Government, after such inquiry as it may deem necessary, is satisfied that the Sponsor has fulfilled the conditions specified in sub-section (3) of Section 3, it may direct the Sponsor to establish an endowment fund. (2) After the establishment of the endowment fund, the State Government may, by notification in the Official Gazette, accord sanction for establishment of the University. (3) The headquarters of University shall be at Sikkim and it may have campuses or Regional Centers or Study Centers anywhere in India and abroad with approval of the Board of Governors. (4) The Chancellor, the Vice-Chancellor, members of the Board of Governors members of the Board of Management and the Academic Council for the time being holding office as such in the University so established, shall constitute a body corporate and can sue and be sued in the name of the University. (5) On the establishment of the University under sub-section (2), the land and other movable and immovable properties acquired, created, arranged or built by the University for the purpose of the University, in the State of Sikkim shall vest in the University. (6) No land or other properties acquired by the University shall be used or diverted for any purpose other than that for which the same is acquired.
5. University not to be entitled to financial assistance
The University shall be self-financing and shall neither make a demand nor be entitled to any grant-in-aid or any other financial assistance from the State Government or any other body or corporation owned or controlled by the State Government.
6. Constituent Colleges and Affiliated Colleges
(1) The University may have constituent colleges, regional centers and study centers. (2) The University may with the prior approval of the Board of Governors affiliate any college or institution.
7. Objects of the University
(a) to provide instruction, teaching, training and research in specialized fields of Business & Management, Engineering & Technology, Information Technology, Entrepreneurship Development, Biotechnology, Biosciences & Environmental Sciences, Architecture, Media & Communication, Film & Television production, Basic Sciences, Humanities, Social Sciences, Allied Sciences, performing Arts, Nursing, Paramedics and related other areas as the University may determine and to make provisions for research, investment and dissemination of knowledge therein; (b) to establish a campus in the State of Sikkim, and to have study centers, campuses and examination centers at different places in India and abroad; (c) to offer continuing and distance education programs; (d) to institute degrees, diplomas, charters, certificates and other academic distinctions on the basis of examination, or any other method of evaluation; (e) to collaborate with other colleges or universities, research institutions, industry associations, professional associations in India or abroad, to conceptualize, design and develop specific educational and research programs, training programs and exchange programs for students, faculty members and others; (f) to disseminate knowledge through seminars, conferences, executive education programs, community development programs, publications and training programs; (g) to undertake programs for the training and development of faculty members of the University and other institutions in India or abroad; (h) to undertake collaborative research with any organization in India or abroad; (i) to create higher levels of intellectual abilities; (j) to provide consultancy to industry, Government and Public Organizations; (k) to ensure that the standard of the degrees, diplomas, charters, certificates and other academic distinctions are not lower than those laid down by the University Grants Commission (UGC), All India Council for Technical Education (AICTE), Bar Council of India (BCI), the Distance Education Council (DEC), the Dental Council of India (DCI), the Indian Nursing Council (INC), the Medical Council of India (MCI), the National Council for Teacher Education (NCTE) and the Pharmacy Council of India (PCI) and other National Accreditation bodies; (l) to do all things necessary or expedient to promote the above objectives; (m) to pursue any other objective as may be approved by the State Government.
8. Powers of the University
(1) The University shall have the following powers, namely: (a) to establish, maintain and recognize such Regional Centres and Study Centres as may be determined by the University from time to time in accordance with the Statutes; (b) to carry out all such other activities as may be necessary or feasible in furtherance of the object of the University; (c) to confer degrees, diplomas, charters, certificates or other academic distinctions and professional designations in the manner and under conditions laid down in the Statutes; (d) to institute and award fellowships, scholarships and prizes etc., in accordance with the Statutes; (e) to demand and receive such fees, bills, invoices and collect charges as may be fixed by the Statutes or rules, as the case may be; (f) to make provisions for extra curricular activities for students and employees; (g) to make appointments of the faculty, officers and employees of the University or a constituent college, affiliated colleges, Regional Centres, Study Centres located in India and abroad; (h) to receive donations and gifts of any kind and to acquire, hold, manage, maintain and dispose of any movable or immovable property, including trust and endowment properties for the purpose of the University or a constituent college, or a Regional Centre or Study Centre; (i) to institute and maintain halls and to recognize places of residence for students of the University or a constituent college at the main campus and other campuses in India and abroad; (j) to supervise and control the residence, and to regulate the discipline among the students and all categories of employees and to lay down the conditions of service of such employees, including their Code of Conduct; (k) to create academic, administrative and support staff and other necessary posts; (l) to co-operate and collaborate with other Universities and institutions in such a manner and for such purposes as the University may determine from time to time; (m) to offer programs of distance learning basis and continuing education and the manner in which such programs are offered by the University; (n) to organize and conduct refresher courses, orientation courses, workshops, seminars and other programs for teachers, developers of course ware, evaluation and other academic staff; (o) to determine standards of admission to the University, constituent colleges, affiliated colleges, regional centres, study centres with the approval of Academic Council; (p) to make special provision for students belonging to the State of Sikkim for admission in any course of the University or in a constituent college, affiliated college, regional centre, study centre; (q) to do all such other acts and things whether incidental to the powers aforesaid or not, as may be necessary to further the objects of the University; (r) to prescribe such courses for Bachelor Degree, Master Degree, Doctor of Philosophy, Doctor of Science, D. Litt and Research and such other Degrees, Diplomas, Charters, Certificates etc.; (s) to provide for the preparation of instructional materials, including films, cassettes, tapes, video cassettes and other software; (t) to recognize examinations or periods of study (whether in full or in part) of other Universities, institutions or other places of higher learning as equivalent to examinations or periods of study in the University and to withdraw such recognition at any time; (u) to raise, collect, subscribe or borrow with the approval of the Board of Governors whether on the security of the property of the University, money for the purposes of the University; (v) to enter into, carry out, vary or cancel Contracts; (w) to do all things necessary or expedient to exercise the above powers.
9. University open to all classes, castes, creed, religion, language and gender
(1) The University shall be open to all persons irrespective of class, caste, creed, religion, language or gender as declared by the Statutes. (2) Nothing in this section shall be deemed to prevent the University from making special provisions for admission to students of the State. (3) The University shall obtain and retain National Accreditation from respective National accreditation bodies and agencies and fulfill the provisions of the University Grants Commission Act 1956 and the regulations/guidelines made thereunder from time to time relating to Private Universities. (4) The University shall obtain prior permission from the following Councils, for teaching of those courses which require prior permission of the said Councils before commencing their programs and, for conferring graduate or post graduate degrees. For technical programs permission of the All India Council for Technical Education (AICTE), shall be obtained. For other programs permission or recognition from concerned authorities as required by any law for the time being in force shall be obtained. (5) The status of the programmes or certificates or educational courses as per the regulations, if any, in force and the standard of education as per the norms or standards of any recognized body or council shall apply to the University.
10. National Accreditation
(1) The University shall obtain and retain accreditation from respective national accreditation bodies and shall follow provisions of the University Grants Commission Act 1956 and the regulations/guidelines made thereunder from time to time relating to Private Universities. (2) The University shall obtain prior permission from the National Council for Teacher Education (NCTE) and Bar Council of India before commencing Teacher Education programs and Law programs respectively for conferring graduate or post graduate degrees. For Technical education programs permission from the All India Council for Technical Education (AICTE) shall be obtained. For other programs permission or recognition from concerned authorities as are required by any law for the time being in force shall be obtained. (3) Nothing in this section shall be deemed to prevent the University from making special provisions for admission to students of the State of Sikkim as declared by the Statutes. The following shall be the officers of the University, namely:— (a) The Chancellor; (b) The Vice-Chancellor; (c) The Registrar; (d) The Finance Officer; and (e) Such other officers as may be declared by the Statutes to be officers of the University
11. Officers of the University
The following shall be the officers of the University, namely: (a) The Chancellor; (b) The Vice-Chancellor; (c) The Registrar; (d) The Finance Officer; and (e) Such other officers as may be declared by the Statutes to be officers of the University.
12. The Visitor
(1) The Governor of Sikkim will be the Visitor of the University. (2) The Visitor shall, when present, preside at the convocation of the University for conferring Degrees, Diplomas, Charters, Designations and Certificates. (3) The Visitor shall have the following powers, namely:— (a) To call for any paper or information relating to the affairs of the University. (b) On the basis of the information received by the Visitor if he is satisfied that any proceeding, or decision taken by any authority of the University, is not in conformity with the Act, Regulations, or Rules, he may issue such directions as he may deem fit in the interest of the University and the directions so issued shall be complied with by all concerned.
13. The Chancellor
(1) The Sponsor shall, with the prior approval of the Visitor, appoint a person suitable to be appointed as the Chancellor of the University. (2) The Chancellor so appointed shall hold the office for a period of five years. (3) The Chancellor shall be the head of the University. (4) The Chancellor shall preside at the meeting of the Board of Governors and shall, when the Visitor is not present, preside at the convocation of the University for conferring degrees, diplomas, Charters, Designations or Certificates. (5) The Chancellor shall have the following powers, namely:— (a) To call for any information or record; (b) To appoint the Vice-Chancellor; (c) To remove the Vice-Chancellor; (d) Such other powers as may be conferred on him by this Act or the Statutes made thereunder.
14. The Vice-Chancellor
(1) The Vice-Chancellor shall be appointed on such terms and conditions as may be prescribed by the Statutes for a term of four years by the Chancellor. (2) The Vice-Chancellor shall be the principal executive officer of the University and shall exercise general superintendence and control over the affairs of the University and shall execute the decisions of all the authorities of the University. (3) The Vice-Chancellor shall preside at the convocation of the University in the absence of both the Visitor and the Chancellor, for conferring degrees, diplomas, Charters, Designations or Certificates. (4) The Chancellor is empowered to remove the Vice-Chancellor after due enquiry as it will be open to the Chancellor to enquire or trial the Vice-Chancellor after enquiry depending upon the seriousness of the charges, as he may deem fit.
16. The Registrar
(1) The appointment of the Registrar shall be made in such manner as may be prescribed by the Statutes. (2) All contracts shall be signed and all documents and records shall be authenticated by the Registrar on behalf of the University. (3) The Registrar shall exercise such other powers and perform such other duties as may be prescribed or may be required from time to time, by the Board of Governors. (4) The Registrar shall be responsible for the due custody of the records and the common seal of the University and shall be bound to place before the Chancellor, the Vice-Chancellor or any other authority, all such information and documents as may be necessary or for transaction of their business. (5) The Registrar shall exercise such powers and perform such duties as may be prescribed by the Statutes.
17. The Finance Officer
The Finance Officer shall be appointed by the Board of Governors in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
19. Authorities of the University
The following shall be the authorities of the University, namely:— (a) The Board of Governors; (b) The Board of Management; (c) The Academic Council; (d) The Finance Committee; and (e) Such other authorities as may be declared by the Statutes to be the authorities of the University.
20. The Board of Governors and its powers
(1) The Board of Governors shall consist of the following, namely:— (a) The Chancellor; (b) The Vice-Chancellor; (c) A nominee of the UGC; (d) Three persons nominated by the Sponsor; (e) One representative of the State Government; (f) Two educationists of repute to be nominated by the Chancellor; (g) Two academicians to be nominated by the Chancellor; (2) The Chancellor shall be the Chairman of the Board of Governors. (3) The Registrar shall be an ex-officio Secretary of the Board of Governors. (4) The Board of Governors shall be the supreme authority and principal governing body of the University and shall have the following powers, namely:— (a) To appoint the Statutory Auditors of the University; (b) To lay down policies to be pursued by the University; (c) To review decisions of the other authorities of the University if they are not in conformity with the provisions of this Act, or the Statutes or the rules; (d) To approve the budget and annual report of the University; (e) To make or amend additional Statutes and rules or alter or repeal the earlier Statutes and rules; (f) To take decision about voluntary winding up of the University; (g) To approve proposals for submission to the State Government; and (h) To take such other recommendations and steps as they desire desirable for effectively carrying out the objects of the University. (5) The Board of Governors shall meet at least twice in a year at such time and place as the Chancellor may fix.
21. The Board of Management
(1) The Board of Governors shall meet at least twice in a year at such time and place as decided by the Chairman. (2) The Board of Management shall consist of the following, namely:- (a) The Vice-Chancellor; (b) The Registrar; (c) Four persons, nominated by the sponsor; (d) Two Deans of the faculties nominated by the Vice-Chancellor; (e) One representative to be nominated by the State Government. (3) The Vice-Chancellor shall be the Chairperson of the Board of Management and the Registrar shall be the Secretary of the Board of Management. (4) The powers and functions of the Board of Management shall be such as may be prescribed by the Statutes.
22. The Academic Council
(1) The Academic Council shall consist of the following, namely:- (a) The Vice-Chancellor - Chairman; (b) The Registrar - Secretary; (c) Such other members as may be prescribed in the Statutes. (2) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and the rules, coordinate and exercise general supervision over the academic policies of the University.
23. The Finance Committee
(1) The Finance Committee shall consist of the following, namely:— (a) The Vice-Chancellor - Chairman; (b) The Registrar - Secretary; (c) The Finance Officer - Member; (d) Such other members as may be prescribed in the Statutes. (2) The Finance Committee shall be the principal financial body of the University to take care of financial matters and shall, subject to the provisions of this Act, Statutes and rules, coordinate and exercise general supervision over the financial matters of the University.
24. Other Authorities
The constitution, powers and functions of the other authorities of the University shall be such as may be prescribed by the Statutes.
25. Proceedings not invalidated on account of vacancy
No act or proceeding of any authority of the University shall be invalid merely by reason of the existence of any vacancy or defect in the constitution of the authority.
26. Statutes
Subject to the provisions of this Act and rules, the Statutes may provide for any matter relating to the University and staff, as given below:- (a) The constitution, powers and functions of the authorities and other bodies of the University as specified in the Act and such other authorities as may be constituted from time to time; (b) The operation of the endowment fund, the general fund and the development fund; (c) The terms and conditions of appointment of the Vice-Chancellor, the Registrar and the Finance Officer and their powers and functions; (d) The mode of recruitment and the conditions of service of the other officers, teachers and employees of the University; (e) The procedure for resolving disputes between the University and its officers, faculty members, employees and students; (f) Creation, abolition or restructuring of departments and faculties; (g) The manner of co-operation with other Universities or institutions of higher learning; (h) The procedure for conferment of honorary degrees; (i) Provisions regarding grant of freeships and scholarships; (j) Number of seats in different courses of studies and the procedure of admission of students to such courses; (k) The fee chargeable from students for various courses of studies: Provided that the University shall not make any Statute relating to the charging of donation or capitation fee from the students without the prior approval of the State Government; (l) Institution of fellowships, scholarships, studentships, medals and prizes; (m) Procedure for creation and abolition of posts; (n) All other matters which by this Act are required to be provided.
27. Statutes how made
The first Statutes named by the Board of Governors shall be submitted to the State Government for its approval.
28. Power to amend the Statutes
The Board of Governors may, with the prior approval of the State Government, make new or additional Statutes or amend or repeal the Statutes.
29. Rules
Subject to the provisions of this Act, the rules may provide for all or any of the following matters, namely:- (a) Admission of students to the University and their enrolment and continuance as such; (b) The courses of study to be laid down for all Degrees, Diplomas, Certificates, Charters and other academic distinctions of the University; (c) The award of Degrees, Diplomas, Charters, Certificates and other academic distinctions of the University; (d) Creation of new authorities of the University; (e) Accounting policy and financial procedure; (f) The conditions of the award of fellowships, scholarships, studentships, medals and prizes; (g) The conduct of examinations and the conditions and mode of appointment and duties of examining bodies, examiners, invigilators, tabulators and moderators; (h) The fee to be charged for admission to the examinations, Degrees, Diplomas, Certificates, Charters and other academic distinctions of the University; (i) Revision of fees; (j) Alteration of number of seats in different courses and programs; (k) The conditions of residence of the students of the University; (l) Provision regarding disciplinary action against the students; (m) The creation, abolition or restructuring of departments and faculties; (n) The manner of co-operation and collaboration with other Universities and institutions of higher learning.
30. Rules how made
The rules shall be made by the Board of Management and the approval of the Board of Governors shall be required, and the rules shall be submitted to the State Government for its approval.
31. Power to amend rules
The Board of Management may, with the prior approval of the Board of Governors, make new or additional rules or amend or repeal the rules.
33. Right to appeal
In case of any disciplinary action by the University against its employee, the aggrieved employee shall have a right to appeal to the Board of Management.
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 by the Statutes.
35. Disputes as to constitution of University authorities and bodies
If any question arises as to whether any person has been duly 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.
36. Constitution of committees
Any authority of the University mentioned in sections shall have the power to constitute such committees of such members as such authority may deem fit and having such powers to discharge such functions as the authority may consider necessary.
37. Filling of casual vacancies
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 as the member whose vacancy it is, 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.
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.
39. Transitional provisions
Notwithstanding anything contained in the Act or the Statutes, the first Vice-Chancellor shall be appointed by the Chancellor and the first Registrar, and the first Finance Officer shall be appointed by the Chancellor for a period of three years. The first Board of Governors shall hold office for a term not exceeding three years. The first Board of Management and the first Academic Council shall be constituted by the Chancellor for a term of three years. The first Finance Committee shall be constituted by the Chancellor for a term of three years.
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 the monies be diverted from the endowment fund for other purposes. (4) Not exceeding 75% of the interest of the endowments fund shall be used by the University for the purposes of the University and the remaining 25% shall be vested in the endowment fund. (b) all sums received from any other source; (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. 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 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 funds credited under section 40; (d) meeting the expenses of any suit or 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 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 under the provision of this Act; (h) the payment of any expenses incurred by the University in carrying out the provisions of this Act or the Statutes or the rules made thereunder; (i) the payment of cost of capital, not exceeding the prevailing bank rate of interest, incurred by the Sponsor 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 made thereunder: 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. Provided that the General Fund shall be applied for the objects specified under sub-section (2) with the prior approval of the Board of Management.
41. General fund
(1) The University shall establish a general fund to which the following 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 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. (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, 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 credited under section 41; (d) meeting the expenses of any suit or 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 thereunder; (g) the payment of fellowships, freeships, scholarships, studentships and other awards to students, research associates or trainees eligible for such awards under the Statutes or rules of the University under the provision of this Act; (h) the payment of any expenses incurred by the University in carrying out the provisions of this Act, the Statutes or the rules made thereunder; (i) the payment of cost of capital, not exceeding the prevailing bank rate of interest, incurred by the Sponsor for setting up the University and the investments made thereof.
42. Maintenance of fund
The funds established under sections 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.
43. 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 as approved by the Board of Governors shall be sent to Visitor and the State Government on or before December 31 following close of the financial year in March 31 each year.
44. Account and audit
The annual accounts and balance sheet of the University shall be prepared under the direction of the Board of Management and the annual accounts shall be audited at least once in every year by the auditors appointed by the University for this purpose. A copy of the annual accounts together with the audit report shall be submitted to the Board of Governors.
45. Mode of proof of University record
A copy of any receipt, application, notice, order, proceeding, 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 shall, if certified by the Registrar, be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or documents 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.
46. 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 six months notice in writing to the State Government. (2) On certification of the dissolution of the University by the State Government, the University shall be dissolved and the assets and liabilities of the University shall vest in the Sponsor. (3) The State Government may appoint an administrator to manage the affairs of the University until the dissolution process is completed by the State Government. Provided that no such action shall be initiated without giving 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 consultation with the AICTE and UGC make such arrangements for administration of the University during the unexpired period of the University till its dissolution as may be necessary to ensure that the academics of the students of the University are not disrupted and that the students are allowed to complete their courses of studies in such manner as may be prescribed by the Statutes.
47. 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 in sub-section (1) are not sufficient to meet the expenditure of the University during the takeover period of its management, such expenditure may be met by disposal of the properties or assets of the University by the State Government.
48. Laying of Statutes and rules
Every Statute or rules made under this Act shall, as soon as may be after it is made, be laid before the State Legislature.
49. Removal of difficulties
(1) If any difficulty arises 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, order under sub-section (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.
50. Removal of difficulties
(1) If any difficulty arises 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, order under sub-section (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.
PDF: pending for this language.