Chapter VI Chapter VI

Miscellaneous

33.

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/employees shall be governed by procedure prescribed in the Statutes.
3. (3) Any dispute arising out of the contract between the University and an employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the Board of Management, one member nominated by the employee concerned and an umpire appointed by the Chancellor.
4. (4) The decision of the tribunal shall be final and no suit shall lie in any civil court in respect of the matters decided by the tribunal.
5. (5) The procedure for conducting the arbitration by the tribunal shall be such as may be prescribed.

34. Every employee or student of the University or of a constituent college, Regional Centre, Study Centre and Zed Career Academy Centre 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 or of the Principal of any such college, Regional Centre, Study Centre and Zed Career Academy Centre as the case may be, and thereupon the Board of Management may confirm, modify or change the decision appealed against.

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

36. 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 Chancellor whose decision thereon shall be final.

37. Whether any authority of the University is given power by this Act or the Statutes to appoint committees, such committees, shall, save as otherwise provided, consist of any or all the members of the authority concerned and of such other persons, if any, as the authority in each case thinks fit.

38. 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 whose place he/she fills would have been a member.

39. 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.

40. Notwithstanding anything contained in any other provisions of this Act and the Statutes: -

1. (a) the first Vice-Chancellor and Pro-Vice-Chancellor, if any, shall be appointed by the Chancellor 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 Chancellor 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;
4. (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.

41.

1. (1) The University shall establish a permanent endowment fund of at least rupees one crore which may be increased suo motu but shall not be !. . i .2 &&. ' , *. . 1 . .
2. (2) 'The University shall have power to invest the permanent endowment fund in such manner as may be prescribed.
3. (3) University may transfer any amount from the general fund or the development fund to the permanent endowment fund. Excepting the dissolution of the University, no monies shall be transferred from the permanent endowment fund to other...
4. (4) . 'Not exceeding 75% of the incomes received from the corpus permanent endowment fund, which is mentioned in sub para of this section, shall be used for the purposes of development works of the University.

General Fund 42.

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 TALEEM Research Foundation Ahmedabad;
   • (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. (2) The funds credited to the general fund shall be applied to meet all the recurring expenditure of the University.

43.

1. (1) The University shall also establish a development fund to which the following funds shall be credited, namely :-
   • (a) development fees which may be charged from students;
   • (b) all sums received from any other source for the purposes of the development of the University;
   • (c) all contributions made by the TALEEM Research Foundation, Ahmedabad;
   • (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; and
   • (e) all incomes received from the permanent endowment fund.
2. (2) The funds credited to the development fund from time to time shall be utilized for the development of the University.

44.

Annual Report 45.

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 Visitor and the State Government before 31 December following close of the financial year in 31 March each year.

46. 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. The annual accounts of the University shall be audited by an auditor, who is a member of the Institute of Chartered Accountants of India (I.C.A.I.) every year. A copy of the annual accounts and the Balance sheet together with the audit report shall be submitted to the Board of Governors well before 31 December following close of the financial year in 31 March each year. The annual accounts, the Balance sheet and the audit report shall be considered by the Board of Governors at its meeting and the Board of Governors shall forward the same to Visitor and the State Government along with its observations thereon before the 31st December each year.

Mode of proof of University record 47. 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.

48.

1. (1) If TALEEM Research Foundation, Ahmedabad proposes dissolution of the University in the Sky in accordance with the law governing its constitution or incorporation, it shall give at least three 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 University and economic hardships in the management systems of University, the State Government would issue directions to the management system of University. If the directions 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; Provided that no such action will be initiated without affording a reasonable opportunity to show cause to the TALEEM Research Foundation.
4. (4) On receipt of the notice referred to in sub-section (1), the State Government shall, in consultation with the Council for Technical Education and U.G.C. make such arrangements for administration of the University from the proposed date of dissolution of the University by TALEEM Research Foundation Ahmedabad; and 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 by the Statutes.

49.

1. (1) The expenditure for administration of the University during the taking over period of its management under section 48 shall be met out of the permanent endowment fund, the general fund or the development 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 taking over period of its management, such expenditure may be met by disposing of the properties or assets of the University, by the State Government.

50.

1. (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
2. (1) shall be made after the expiration of a period of three years from the commencement of this Act.
3. (2) Every order made under sub-section
4. (1) shall, as soon as may be after it is made, be laid before the State Legislature.

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