The Venkateshwara Open University Act,2012
This Act establishes the Venkateshwara Open University and requires it to follow State Government directions.
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The Venkateshwara Open University Act,2012
This Act establishes the Venkateshwara Open University and requires it to follow State Government directions.
'192 The Venkateshwara Open UniveEfiy Act,2O12 (Act No. l0 of 2012) (Received the assent of the Governor on 15th June, 2012 And Published in theArunachalPradesh E.O. Gazette No. 116,Vol-XIX, dated 20th June, 2012) An ACt to establish and incorporate a teaching Open University sponsored by Padmawati Educatonal Trust, 208 A Saket, Meerut registered under the lrdhn Trust Act, 1882 (Act No. 2 of 1882) and to provide for matters connected there with or incideRtal thereto, the Governor of Arunachal Pradesh, in pursuance of the provisions of clause (3) of Article 348 of the Constitulion, is pleased to order the publication of the incorporatron of the Act of the Venkateshwara Open University, ltanagar, Arunachal Pradesh. BE it enacted by the Legislative Assembly ofArunachal Pradesh in the Sixty.-third year of the Republic of lndia, as follows,- '1. Short title and commencement : (1) This Act may be called.the Venkateshwara Open , University Act, 2012, (2) ltshall come into fiorce on such date as he Sate Go,/emment of Arunachal Pradesh may by notification in the Official Gazette dppoint. 2. Deftnitions : In this Act, unless the context otheMise requires : _ (a) "Academic Council" means the Academic Council of the Universiv ; (b) "Distance Education Council" means Distance Education Council of the University ; (c) "8oard" means lhe Board of studies or the Phnning Board, or any other Board of the University ; ' (d) "Chancello/',"Pro-Chancello/',"Vice-Chancello/'and Pro-Vice-C hancellor" means respectively the " Chancellol the Pro-Chancellor, the Vice-Chancellor, ' the Pro-Vice-Chancellor of the University i (e) "Court'means the Court of the University; 193 (0 "Director/Prinq,pal" means the Head of an lnstitution, a College, a Centre and a School, orthe person appointed for the purpose to act as such in his absence ; (g) "Department" means a Department of Studies and includes a Centre of Studies and Research. (h) "Employee" means any person appointed by the ' University, andincludes a teacher or any other member of ttle staff of the University : (i) "Executive Counci!" means the Executive Council of the University; 0) "Existing College" means a college oran institution which imparts professional education and is proposed tc be merged, run and maintained by the University; (k) "Faculty" means a Faculty of the University i (t) "Hostel" means Scholar Students Hostelofthe University; (m) "lnstitutior/College" means a college including existing college oran lnstitution established or maintained byor associated or constitjent to the U niversity in accordance with this Act and the Slatutes. (n) "Prescribed" means prescribed by Statutes ; (o) "Records and Publication" means the Records and Publication of the University ; (p) "$atutes" and "Ordinances" means respectively, the Statutes and the Ordinances of the University for the time being in force ; (q) "StuOeni;means a student enrolled in the register of the University ; (0 "Teacher of he University' means Profssors, Assocaate Professot Readers, Assistant Professor, Leclurers and such other persons as may be appointed for imparting education/instructions of conducting research in the University and are designated as Teachers by the Ordinances ; 194 (s) "Treasuref', "Registra/', "Deputy Registrai', "Finance Officef', "Controller of Examinations", "Librarian" or "Proctor".means respectively the Treasurer, the . Registrar, the Deputy Registrar, the Finance Officer, the Controller of Examination, the Librarian or the Proctor of the University. , (t) "Trust' means Padmaw?ti Educational Trust, 208 A. Saket, Meerut registered under the Indian Trust Act. 1882 (Act No. 2 of 1882) ; (u) "University'' means the Venkateshwara Open University, Itanagar, Arunachal Pradesh. 3. Establishment of University : (1) There shall be established a University by the name of 'Venkateshwera Open University"; (2) The headquarter;f the University shall be at ltanagar and it may establish or maintain colleges, Regional Centres and Study Centres as such in other places in lndia and outside lndia as it may deem fit. 4. Conditions forthe establishment of the University : The University shall compty with the direc{ions and guidelines issued py the State Government ofArunachal Pradesh in this regard for the time being enforce. 5. Starting ol the UniYeEity : The University shall come into existence on the date of appointed day in terms of sub-section (2) ot section 1, and subject to such terms and conditions as may be stipulated by the Slate Govemment by notification published in tlie Official Gazette under this section. 6. Obiects of the Unive6ity : The objects of the University shall be to disseminate and advance knowledge and skill by providing instructional, research and extension of facilities in Such branches of learning as it may deem fit and the University shall endeavour to provide to students and teachers the necessary atrnosphere and facilities fur the promotion of :- '195 (a) lnnovations in education leading to restructuring of - @urses, ne\nr methods of teaching, tEining and leaming including on-line learning, blended learning continuing education and such other modes and integrated and wholesome development or personality ; (b) Studies in various disciplines ; (c) lnter disciplinary studies , (d) National lntegration, secularism social equity and engineering of international understanding and ethics. 7. Powel of the UniYe6lty : The university shall have the followng powers, namely ; (a) .to provide for instruction in such branches of leaming as the University may, from time to time, determine and to make provisions for research and for the advancement and dbseminaton of knorvledge and skills ; (b) to impart and promote the study of science, engineering and technology, Bio and Medical Sciences, Dental Science, Pharmacy, Management HoEl and Hospitality Management, Law, Nursing and other professional courses and also History, Culture, Commerce, Economics, Humanities, Philosophy, Art etc. through in-campus off-campus offshore-garnpus and satellite centres or by conducting centres or by distant educational progtammes etc. (c) to honor educational stallvab and persons of academic eminence with the decoration of professor Emeritus ; (d) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and conter degrees orother academic distinctions on the basis of examinations, evaluation or any other method of testing on persons, and to withdraw any such diplomas, certificates, degrees orother academic distinctions for good and sufficient cause ; (e) to confer honorary degrees or other distinctions in the manner prescribed : 196 (f) to provide education and training including correspondence and such other courses,'to such persons who are not members of the university, as it may determine ; (g) to institute Directorships, Principalships, Professorships, Associate Professorships, Readership, Assistant Professo.ships, Lecturerships and other teaching or academic posts required by the Univers,ty and to make appointments for the same ; (h) to irbate administrative, ministerialand other posts and to make appointments thereto ; (i) to appoint, engage persons of eminence working in any other University or Organizations permanently or for a specified period ; 0) to co-operate, collaborate or associate with any other University orAuthority or Institution in lndia and abroad in such mannerand forsuch puqrose as the University . may determine ; (k) to establish and maintain schools, centres, specialized laboratories or others unitfor research and instructions as are in the opinion of the University, necessary for the furtherance of its objects. (l) to institute and award fellowships, scholarships, studentships, medals and prizes ; (m) to establish and maintain and supervise residences, hostels within the University and promote the health and general welfare activities for students and staff ; (n) to make provisions for research and consultancy and for this purpose to enter into such arrangements with other institutions or bodies as the University may deem necessary : (o) to declare centre, and institution, a department, or school, as the case may be, in accordance with the Statutes, (p) to determine standards for admissions into the University, which may include examination, evaluation or any other method of testing ; (q) to demand and receive payment of fees and other charges; (r) to make special arrangement in respect of women and other disadvantaged students as the University may consider desirable ; (s) to regulate and enforce discipline 4mong the employees and students of the University and take such disciplinary measures in this regards as may be deemed necessary by the tJniversity. (t) to mate arrangemeqts for promotinq the health and generalwelfare of the employees of the University : (u) to receive donations and to acquire, hold, manage and dispose of any property, movable or immovable for tlie welfare of the University. (v) to borrow, mortgage or hypothecate with the approval of the Trust on the security of the property of the University, money for the purposes of the University. (w) to appoint either on coritact or othpnvise visiting professors, emeritus professors, consultants, fellows, schohrs, artists, course writers and such othea persons who may contribute to the advancementof the objects of the University. (x) to organize and to undertake extra-mural studies and extension service , (y) to do all such other acts and things as may be necessary incidental or conducivq to the attainment of all or any of the obiects of the Unlversity. (z) degrees, diploma, certificates awarded to in-€mpus and study centres students will be considered at par with that of degrees,'diploma certificates awarded to the students studies as full time regular students of the University. I Admissions and Standards : ('l ) . Admission to the different academic programmes shall be made oroonducive with the laws for the time being in force. 198 (2) The University shall ensure that the academic standards of the courses offered by the University are in accordance with the guidelines of the University Grants Commission and ther statutory bodies as the case may be , (3) The teacher-students ratio shall be in accordance with the guidelines of the University Grants Commission and specific _ couhcil. 9. Univer;ity opens to all classes and creeds : The University shall be open to persons of either sex and ofwhatever race, creed, caste or class, and it shall not be laMul for the University to adopt or impose on any persons any test whatsoever of religious belief profession in order to entitle him to the admitted therein as an officer, a teacher, staff member. student or to hold any offer therein or to graduate thereat ; Provided that reservation in the posts and recruitment of the employees and reservation of seats for admission in any course of study in the University for the students belonging to the Scheduled Caste, Scheduled Tribes and other Backward Classes of citizens shall be regulated by the order of the State Government issued from time to time. 1O Officers of the University: The following shall be the officers of the University : (a) the Chancellor ; (b) the Pro-Chancellor ; (c) the Vice-Chancelior , (d) the P'o-Vrce-Chancellor , (e) Director/ Principal : (f) the Registrar ; (g) the Controller of Examinations ; (h) 'the Dean of Students Welfare ; (') the Dean of Faculty: 0) the Chief Proctor ; (k) the Treasurer ; (l) the Finance Oificer; and r (m) such other officers as mey be declared by the Statute to be officers of the University. 199 11. The Chancellor: (1) The Chancellor shall be appointed bytheTrustfora period of three years. (2) The Chancellor shall by virtue of his office, be the Head of the University and shall constitute interim Executive Council. (3) The Chancellor may in writing under his hand addressed to the Trust resign his otfice. 12. the Pro-Chancellor : (1 ' ) The Pro-Chancellor shall be appointed ty the Trust for a period of three years. (2) The Pro-Chancellor shallassist the Chancellor in discharging his duties and preside at the convocatlon in his absence. (3) The Pro-Chancellor may in writing under his hand addressed office. to the Chancellor resign his , ,..: : 13. The Vice-Chancellor ' (1) The Vice-Chancellor shall be appointed by the Chanbellor in such manner as may be prescribed, ior a period of three . years (2) The Vice-Chancellor shall be the principal executive end academic ofticer of the U n iversity and shall be the Chairman of the Academic Counciland Planning Board of the University, and shall exercise geiteral supervision andi:onkol overthe affairs of the University and gfoe effucl to the decisions of the authorities of the Unive6ity. (3) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority ofthe University by or under this Act and shall convey to such authdrity:the action taken . by him on such matters ; Provided that if the authority of the University. or ahy person in the service of the University who is aggneved by the action taken by the Vice- Chancellor under this sub-section may prefer an appeal to the Chancellor within one month from the date of communication of such decision. The Chancellor may confim, rTlodify or reveEe action Eken by theVce,Chancellor. 200 (4) TheV'cechancellor shallexercise such po €rs and perform such other functions as may be prescribed. 14. The Pro-Mce€hancellor : (1) . The Pro-Vice-Chancellor shall be appointed by the Vice- Chancellor in such manner and shall exercise such powers and perbrm such functions as may be prescribed. (2) The Pro-Moe€hancellor appoinbd under sub.sedion (l) shall discharge his duties in additionlo his duties as a professor (3) The Pro-Vice-Chancellor shallassist the Vice-Chancellor in discharging his duties as and when required by the Vice- Chancellor. '. (4) The Prcvrc+.Chancellor shallget honorarium of such arnount as may be determined by the Trust. 15. Dir€cto(s)rPrinclpal(s) : The Director/Principal shall be appoinEd in such manner and shall exercise such pow€rs and perform such functions as may be prescribed. 16. The Registrar: (1) The Registrar shall be appointed is such manner as may be prescribed. , (2), The Registrar shall have the powerlo enter into agreements, -. sign documents and authenticate records on b€half of the University and shall exeicise such other power and perform such otherfunctions 4,s may be prescribed. (3) - Th€ Regist'arshall be the ex-officb S€caetary ofthe Executive Council and theAcademic Councilr 17. DeaqofFaculty: Every Dean shall be appointed in such manner and shall exercise powers and perform such functions as may be prescribed. 18. The Treasurer : The Treasurer shall be appointed in such manner and shall exercise por/ers and perform such functions as may be prescribed. 201 19. Finance Office.: ) (1 The Finance Officer shall be appointed in such manner and shall exercise powers and perform EUch functions as may be prescribed. (2) The Finance Officer shall be the ex-officio Secretary of the Finance Commiftee. 20. Other Officer : Manner of appointment and power and duties of the other officers of the University including the Dean of Students Welfare, Controller of Examinations and Chief Proctor shall be such as may be prescribed. 21. Authorities of the University : The following shall be the authorities of the University : (a) the Court, (b) the Executive Council , (c) the Academic Council ; (d) the Distance Education Council : (e) the Finance Committee i (0 the Planning Board , (g) the Board of Faculties; (h) theAdm,ssionsCommittee; (i) the Exam,nation Committee , and U) such other authorities as may be declared by the "Statutes" to the authorities ofthe University. 22. The Court : (1) The Constitution of the Court and the terms of office of its members shall be such as may be prescribed. (2) Subject to the provisions of this Act the Court shall have the following power and functions, namely : - (a) to review from time to time, the broad policies and programmes of the Unaversity and suggest measures for the working, improvement and development of the University 202 (b) to consider and pass resolutions on theAnnual Report and AnnualAccounts ofthe University andAudit Report of such accounts. (c) to advise the Chanc€llor in respect of any matterwhich may be referred to it for advice. (d) to perform such other functions as may be prescribed. 23. The Executive Council : (1) The Executive Councilshallbe the principalexecutave body of the University. (2) The Constltution of the Executive Council, the term of office of its members and its powers and duties shall be such as may be prescribed. 24. The Academic Council : (1) TheAcademic Council shall be the principal academic body of the University and shall sub.iect to the provisions of the Statutes and the Ordinances, co-ordinate and exercise general supervision over the academic policies of the University. (2) The Constitution of theAcademic Councilthe term of office of its members and its powers and functions shall be such as may be prescrib€d. . 25. The Distance Educatlon Council : (1) The Distance Education Council shall be the princapal academic body of tfie University to determine of the courses, prccedures ior distance education. (2) The Constitution of the Distance Education Council the term of ofiice of its members and its powers and functions shall be such as may be prescribed. 26. The Finance Commitlee : (1) The Finance Committee shall be the principal financial body ofthe University to take care of the finance matters. (2) The constitution, powers and functions of the Finance Committee shall be such as may be prescribed. 203 27. The Planning Board : (1) The Planning Board shall be the principal Planning bodyof the University. The Board shall ensurc that the infrastructure and academic support system meets the norms of the University Grants Commission or the respective Councils. (2) The constitution of the planning board, term of office ot its members and its power and functions shall be such as may be prescribed. 28. Board ol Faculty, Admission Coinmittee, Examination Committee and other authorities of the University : The constitution, powers and functions of the Boards of faculties, the Admission Commiftee, Examination Commitee and other authorities of the University, shall be such as may be prescribed. 29 Power to make Statut6 r ( 1.) The Executive Council shall make the statutes for carrying out purposes of this Act. (2) Subiect to the provisions of this Ac't the Statutes may provide for all or any of lhe following matters, namely : (a) the constitut on, powers and functions ofthe authorities of the University, as may be constituted from tame to time ; (b) the appointment and continuance in office of the membefs of the said authorities, filling of vacancies of members and all other matters relating to those authorities for which it may be necessary to provide ; (c) the appointment, powers and duties of the ofncers of the University and their emoluments ; (d) the appoinfnent of teachers of the Uni\€rsity and other academic and administrative stafi and their emolumenb ; (e) the appointment of teachers and other academic and administrative staff working in tlle Universtty or lnstitution for specific period for undertaking a.loint project; 204 (0 the conditions of service of employees including provisions for retirement benefits, insurance and provident fund, the manner of termination of service and disciplinary actions , (g) the principals goveming seniority of seMce of employees , (h) the procedure for settlement of disputes between employees or students and the university ; (i) the procedure for appealto the Executive Council by an employee or student againstthe action ofany officer or other authority of the University ; 0) the conferment of honorary degrebs; (k) the withdrawal of degree, diploma, certificate and other academic distinction ; (l) the institution of fellowships, scholarships, studentships and medals and prizes ; , (m) the maintenance of discipline among the students ; (n) the establishment and abolition of Department, Centres and other constituted institutionslcolleges etc , (o) tle debgation of po\ €rs \rested in the authorities or officers of the University ; and ' (p) all other matters, which may be this Act are to be or may be prescribed. (3) The Executive Council shall not make, amend or repeal any Stahlte affecting the powers or constitution of any authority of the Universig untilsuch authority has been given an opportunity ofexpressing an opinion in wrfting on tlle proposed changes, and any opinion so expressed shall be considered by the Executive Council. (4) NotwitEtanding anything contained in the frrregoing sub.sections the Chancellor may directthe University to make provisions in the Statutes, in respect of any matter specified by him and, if the Executive Council is unable to implement such action within sixty days of its receipt, the Chancellor may, after considering the reasons, if any, communicated by the Executive Council for its inability the comply with such direction, make or amend the Statutes accordingly as he may deem fit. 205 30- Power to. make Ordinances : Subject to the provision of thisAct and the Statutes, the Ordanances shall be made by the ExeQutive Council whach may provide for all or any of the following matters, namely :- (a) the admisgion of students to the University and their enrolment as such ; (b) the courses of study to be laid down for all degrees, diplomas and certificates of the University , (c) the medium of inslruction and examination ; (d) the awerd of degree, diploma, ce ificate and otheracademic distinction, the qualification for the same and the means to be taken relating to the granting andbbtaining of the same. (e) the fees tb be charged for courses oi study in the University and for admission to the examinations, degree; diplomas and cerlificates of the University , (f) the conditions for the awadof fdlowsh$is, scholarships, prizes; studentships,, rnedals aod ,. . (g) the conductof examinations, including lhe term of office and manner of appointmeni and the duties of examining bodies, examiners and moderators. (h) the conditions ofresidence ofthe studenb of the University (i) the specialarrangements, if any, which may be made for the residence, discipline and teaching of women students and prescribing of special courses of studies for them within the University; U) the appointment and emoluments of employees other than those for whom provision has been made in the Statutes ; (k) the establishment of Centre of Studies, Boards of Studies, interdisciplinary Studies, Special Centres, Specialised Laboratories and other Committees ; (l) the manner of co-operation and collaborations with other Universities and authorities including learned bodies and association i 206 (m) the creation, composition and functions ofany other body \Mhich is considered necessary for improving the academic mileage of the University , (n) the remuneration to be paid to the examiners, moderators, invigilators and tabulators. (o) such other terms and conditions of service of teachers and other academic staff as are not prescribed by the Statutes. 31. Annual Report: (1) The annualreport ofthe University shall be prepared under the direction ofthe Executive Counciland shall be submitted to the Court on oraftersuch date as may be prescribed and the Court shall consider the report in its annual meeting. (2) The Court shall submit the annual report to the Chancellor along with its commenl, if any. 32. AnnualAccounts : (1) The annual aocounts and balance sheets of the University shall be prepared under the diredion of the Executive Council and shall, once at least every year and at intervals of not more than fifteen months, be audited by an experienced and qualified Jirm of C hartered Acco u ntant of repute. (2) 'Acopy of the annualaccounE, togetherwth the audit report thereon, shall be submitted to the Court and the Chancellor along with the observations of the Executive Council. 33. Conditions of Sewice of employeE : (1) Every employee of the University shallbe appointed engaged as per provisions of the Statutes. (2) Any dispute arising between the University and any of the employees appointed substantively, shall be refened to the Executive Councilwho shall decide the dispute after atfording an opportunity to the employee within three months from the date of its reference. (3) The aggrieved employee may file an appeal against the order ofthe Executive Council to the Chancellor. 207 (4) Any dispute in respect of any employee engaged temporarily or on ad-hoc or part time or casual basis shall be heard and decided finally by the head of the concerned department. (5) Any person aggrieved by the order of the Vice-Chancellor may prefer an appealto the Chancellor The decision of the Chancellor in such an appeal shall be finaland no suit shall lie in any court in respect of the matters decided by the Chancellor. 34. Right to Appeal: ) (1 Any student or candidate for an examination, whose name has been removed from the rolls of the University by the orders or resolutions of the Academic Council, Proctorial Board or Controller of Examinations as the case may be, and who has been debarred from appearing at the examinations for more than one yea( may within ten days of the date of receipt of such order or copy of such resolutlon by him in writing appeal to the Vice-Chancellor to reverse the decision of the aforesaid authorities or the concemed committee, as the case may be. (2) Any declsion taken by the Vice-Chancellor shall be final. 35. Employees Provident Fund and pension : The University may crnstitute for the benefit of its employees such pensioner welfare schemes or provident fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be decided by the Executive Council. 36. Disputes as to the constitution of Authorities and bodies : lf any question arises as to whether any person has been duly nominated or appointed as or is entitled to be member of any authority or other body ofthe University, the matter shall be referred to the Chancellor whose decision thereon shall be final. 3T.Constitutlon o, committoes : Where any authority of the University is given power under thisAct or the Statutes to appoint Commiftees; such Committees shall as otherwise provided, consist of the members of the authority concerned and of such other persons as the authonty in each case may think fil. 208 38. Fillings ofthe vacancies : All vacancies arnong the members (other than ex-officio member) of any authority or other body of the University shall be filled as soon as may be convenient by the person or body who appointed, nominated or co-opted the members whose place has become vacant for the remaining term for which he has been appointed or co-opted. , 39. lnvalidity of proceeding : No act or proceeding of any authority of the ljniversity shall be invalid merely by reason of the existence of a vacancy or vacancjes among its member 40. Modc of prcof of UniveEity records : A copy of any receipt, application, notice, proceeding, resolution of any authority or Committee of the Uni\r'ersity or other documents in possession of the University, if certifred by the Registrar shall be received as prlma-facie evidence of the such receipt, applicalions, notice, orde( proceeding or resolution, documents or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein where the original would, if produced have been admissible in evidence. 41. Publication of statutes and ordinances: (1) Every Statute or Ordinance made under this Act shall be made available in wnting. (2) Each new Statute or Ordinance made under this Act shall be enforc€d as soon as it is made by the competent authority. 42. Endowment Fund : (1) The sponsoring body shall establish an Endowment Fund br the Un iversity with an amount of three clores rupeeswhich . shall be pledged tothe Government. (2) The Endovyment Fund shall be kept as securlty deposit to ensure strict compliance of the provisions of thisAct, rules regulations, statutes or ordinances made thereunder. (3) The Government shall have lhe power to forfeit, in the prescribed manner, a part orwhole ofthe Endowment Fund in case the University or the sponsoring body contravenes any of the provisions of thisAct, rules, statutes, ordlnances or regulations made thereunder. 209 (4) lncome from Endowment Fund shall be utilized for the development of infrastructure ofthe University butshall not be utilized to meet out the recurring expenditure of the University. (5) The amount ofEndowment Fund shall be kept invested, until the dissolution of the University, by way of Fixed Deposit Accounts in any Scheduled Bank subject to the condition that this fund shall not be withdrawn without the permission ofthe Government. 43 General Fund : (1) The University shall establish a general fund to which the following emount shall be credited, namely :- (a) all fees wtrich may.be charged by the University ; (b) all sums received from any other sources : (c) all contributions made by the Trust. and (d) allconkibutions made in this behalf by any other person or body which are not prohibited by any lawfor the time being in force. (2) The moneys credited to the general fund shall be applied to meet all the recurring expenditures otthe University. 44. Development Fund : (1) The Uni\€Gity shallalso establish developmentfund to which the following money shall be credited, namely :- (a) de\relopment ,ees, which may be chaged frorn studenb ; (b) allsums received from other sources for the purpose of the development of the University ; (c) all contributions made by the Trust; ' (d) all contributions made rn this behalf by any other person or bodywhich are not prohibited by any law for the time being enforce ; and (e) all incomes received from the permanent endowment tund 210 (2) The money credited to the development fund from time to time shall be utilized for the development of the University. 45. Maintenance of Fund : The funds establish under sections 42, 43 and 44 shall subject to general supervision and controlofthe Courtwhich would be regulated and maintained in such manner as may be prescribed. 45. Financial Condition : The Universaty shall not be eligible for any grant in aid orany, financial assistance from the State Government or any other body or Corporation owned and controlled by the State Government. 47. Fees: The fees charged for different academic programmes shall be in accordance with laws for the ttme being in force. 48. Power of State Government to call the info.mation and lgcords : (1) lt shall be the duty of the University or any authority or otficer of the University tofumish such information or re@rds relating to the adminrstrative or finance and other affairs of the University as the State Government may callfor. (2) The State Government, if it is of the view that there is a violation of the Act or the Statutes or Ordinance made hereunder may issue such direc{ions to the University under section 51 as it may deem necessary. 49. Dissolution of Univercity : (1) lf the University proposes its dissolution in accordance with the law governing its constitutions or incorporation, it shall give at least six months written notice to the State Govemment. (2) On receipt of notice refened to in sub-section (1) the State Govemment shall make such anangement for administration ofthe Universityfrom the date of dissolution ofthe University and until the last batch of students in regular courses of studies of the University complete their courses or studies in such manner as may be prescribed. 211 50. Expenditure of the University during dis3olution : ) ('l The expenditure for administration of the University during the taking over the liabilities of the University under sectron 49 shall be metout of the permanentendowmenl, the general fund, and the development fund. (2) lf the funds referred to sub-section (1) are not sufficient to meet the expenditure of the University during the taking over the liabilities o{ the University such exp€nditure may be met by disposing of the properties or assets ofthe University by the Slate Govemment. 51. De-r€cognition of the University by the State Govemment : (1) Where the Slate Government receives a complaint that the University is not functioning in acmrdance wih the provisions of thisActr it shallrequlre the University to sho$, cause within such time, lvhich shall not be less than two months refening a copy of the complaint as to why the University should not be derecognized. (2) lf upon receipt of the reply of the University to the notice given under sub-section (1) the Sate Govem ment is satisfied that a prima-facie case of mismanagement or violation of the provisions of thisAct in the tunctioning of the University is made out, it shall order such enquiry as it deem necessary (3) Forthe purpose ofan inquiry under sub-section (2), the SEte Government shall by notification, appoint an officer or authority as the enquiring authcirity to enquire into the allegations of violation ofthe provision of thisAct. (4) Every inquiring authority appoint under sub-section (3) shall while performing its functions under this Act have all the poivers of CivilCourt under the code of Civil Procedure, 1908 trying a suit and in particulars in respect of the following matters, namely .- (a) summoning and enforcing the attendance of any witness and examining himon oath, (b) requinng the discovery and production ofanydocument, 212 (c) requisitioning any public record or copy thereof from any office ; (d) re€eiving evidence on alfidavits ; (e) any other matter.which may be prescribed. ' ' (5) lf 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 Univer!ity to make necessary improvement and suggest for proper implementation of the provision of this Act. (6)- lf it is observed that the University is violating the Act .. continuously for three times the State Government may derecognize the University wih prior approval of the Un iversity Grants Commission. (7) During the period of the management ofthe University under sub-section (6), the State Government may utilize the permanent endowment fund, the general funds or the development furd the purpose of the Management of the afrairs of the University. lf the funds ofthe University are not sutrrcient to meetthe 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 house(s) ot the Slate Legislalure before implementation. 5i. Power of the Staie Government to issue directions on pollcy matter8 : The State Government may issue such direciions from Ume to time lo the University on policy matters not inconsistent with the provisions of this Act as it may deem necessary Such directions shall be complied with by the University. 53. Status of Assets/Liabiliti6 on DissolutionrDe-recognition : Allassets and properties including permanent endo\ nnentfund, general fund or any other fund and also the liabilities of the University will belong to the Trust in case of dissolution of the University underany clause mentioned herein above in the Act. 213 U Power to remove difficulties : (1) The Stiate Government may for the purposes of removrng any difficulties, particularly in relation to the transition from the provisions oftheArunachal Pradesh Universities Act, to the provisions of this Act, direct that the provisions of this Act shallduring such period as may be specilied in the orde( have effect subject to such adaptatrons, whether by way of modifications, addition or omission as it may deem necessary or expedient ; Provided that no such order shall be made after turo years from the date of commencement of this Act. (2) Every order made under sub-section ( 1 ) shall be laid before house(s) of the State Legislature as soon as may be after it is made. (3) No order made under sub-section (1) shall be called in questaon in any court on the ground that no difficulty as is refened to in lhal sutssection existed orwas required to be rerno/ed. 55. Powe6 to make rules : (1) The CompetentAuthority of the University may make rules forallor any ofthe provisions of thisAct, as may be deemed expedient, to carry out the provisions of the Act. (2) All rules made under this Act shall be laid before the Legislatrve assembly as soon as it made. 56. Savings: Notwithstanding anything contained in this Act; all rules, orders, notifications, scheme, bye-laws, regulatron, circular, ofiice rnemoranda issued by the State Govemment in pursuance oftheArunachal Pradesh and other lnstitutions of Higher Education (Establishment and Regulations)Act, 2010 (No. 6 of 2010) shall mutatis mutandis apply to the University until the same is supeEeded by the State Government.
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The Venkateshwara Open University Act,2012
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