The Apex Professional University Act, 2012
This part sets up Apex Professional University, defines key terms, and says the sponsoring body must meet listed setup and funding requirements while the University is self-financed.
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This part sets up Apex Professional University, defines key terms, and says the sponsoring body must meet listed setup and funding requirements while the University is self-financed. This provision sets out the university’s governing bodies, their powers, meeting rules, approval steps, and funding requirements. This part lets the State Government investigate a university, direct corrective action, and in some cases move toward winding up or abolishing it; it also gives the University and sponsoring body notice, hearing, and continuation duties.
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The Apex Professional University Act, 2012 — segment 1
This part sets up Apex Professional University, defines key terms, and says the sponsoring body must meet listed setup and funding requirements while the University is self-financed.
315 The Apex Professional University Act, 2012. (Act No. 7 of 2013) (Received the assent of the Governor on 8th May, 2013 and Published in theArunachal Pradesh E.O. Gazette No. M,Vol-)(X, dated 14th May,2013) An Act to eshblish and incorporateApex Professional University at Pasighat, Arunachal Pradesh with a view to keep pace with rapid development in all spheres of knowledge in theworld and the country with essentiality to create world level modern research and study facilities to provide state of the art educational tacilities to the youth at their doorsteps so that they can make out of them human resources compatible to liberalized economic and social order ofthe world. Whereas it is expedient to establish and incorporate in the state of Aninachal Pradesh a University in private sector with an emphasis on proviring high quality iob oriented Vocational and Professional programs and Liie Enrichment Courses through formal, non-formal and online education mode in the field of Hospitality & Tourism, Building Construction & Real Estate, Business & Commerce, Textile & Garment Technology, Basic & Applied Sciences, Agriculture, Horticulture, Animal Sciences, Engineering & Technology, Computer & lT, Humanities & Social Sciences, Health & Paramedical, Languages, Life Sciences, Education, Law & Juridical Science, Banking, Finance & lnsurance, lndustrial Safety and otherfields sponsored by the APEX FOUNDATION, Bangalore (lndia) and to provide for matter connected therewith and incidental thereto. BE it enacted by the legislature ofthe State ofArunachal Pradesh in the Sixty-third Year of the Republic of lndia as follows : CHAPTER-I PRELIMINARY 1. Short Title and Commenccment : (1) ThisAct may be called theApex Professional UniversityAct, 2012. (2) lt shall come into force on such date; as the State Government may by notification in the Official Gazette, appoint. 316 2, Definitions : (1) ln this Act, unless the context otherwise requires, - (a) "Academic Senate" means the Academic Senate of the University; (b) 'Acf means the Apex Professional UniversityAct.2012, (c) "Agenda Matte/' means all the matters and business to be designated in the stiatutes each of which can be either included . in theAgenda or be taken up for discussion and decision at a meeting ofthe Board of Govemors orthe Board of Management or any Authorjty, as the case may be, only subject to the prior written approval of the Chancellor, consenting to the passing of the such matters and business at such a meeting ; (d)'Board of GovernoG" means Board of Governors of the Univer- s ity; (e) "Board of Management' means Board of Management of the Universty, (D "qhancello." means Chancellor of the University; (g) "Community College" means Communlty College established, maintained or recognized bythe University and it;s an alternatrve System of higher education, which aims to em power individuals through appropriate skills leading to gainful employment and self-employability: (h) "Constituent College" means a college or institution maintained by the Universityi (i) "Examination Centre" means an Examination Centre established or recognized by the University foi the purposes of conducting examination of fulltime, parttime, online education and external students registered with the University; 0) "External Student' means a student who is registered at Univer- sityforan award but study andependently outside the University, (k) 'Government' means the Government ofArunachal Pradesh, (l) "Official Gazette' means Gazette ofArunachal Pradesh; 317 (m) "Prescribed" means prescribed this Act and by the statutes and regulations made under this 'An ct; (n) "Regional Centre" means Centre established or maintained by the University for the purpose of coordinating and supervising the work of the students for rendering any other assistance required by the students in any region and for performing such other functions as may be confirmed on such center by the Board of Management, (o) "Registraf' mafns Registrar of the University; (p) "Regulatory Bodies" means a bodies established by the Central Governmentfor laying down norms and conditions for ensuring academic standards of higher education, such as University Grants Commission (UGC), AII lndia Council of Technical Education (AICTE), DentalCouncilof lndia (DCl), NationalCouncil of Teacher Education (NCTE), Medical Council of lndia (MCl), Pharmacy Council of lndia (PCl), lndian Nursing Council (lNC), Bar Council of lndia (BCl), National Council ofAssessment & Accreditation (NAAC) and National Board ofAccreditation (NBA) and includes the State Government: (q) "Skill Knowledge Provide/' means industry organization or any other institution giving practical training to students; (r) "Sponsoring Body or Sponsor" in relation to this Act means the APEX FOUNDATION, Bangalore (lndia); (s) 'State" means State ofArunachal Pradesh, (t) "Statutes and Regulations' means, respectively, the Statutes and Regulations of the University made by the respective authorities of the University; (u) "e-Learning Ceotre" means Centre established, maintained or recognized by the University for the purposes of advising, counselling or for rendering any other assistance including training, virtual classes and administeriag examination required in the context of online educatjon: (v) "University Grants Commission (UGC)" means the commission established under sectlon 4 of the University Grants Commission Act, '1956 (CentralAct 3 of 1956); 318 (w) "University" means theApex Professional University established and incorporated under this Act; .,. . (x) "Vice-Chancelbf' means Vice-Chancellor of the University. (y) 'APEX FOUNDATION'means the Non-Govern men ta I Organization (NGO) registered at Bangalore and recognized by Department of lncome Tax (Govemment of lnclia) as a charitable organization: CHAPTER -II THE UNIVERSTTYAND THE SPCJNSOR'NG BODY ' 3. Estabtbhment and lncorporation of the University : (1) There shall be established a university called by the name of "Apex Professional University'for furthering objectives set out in section 4. (2) The University shall be a body corporate having perpetual succes- sion and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and shall sue and be sued by the said name. (3) The headquarter of the University shall be at Pasighat, District East Siang in the State of Artrnachal Pradesh with provision to establish , necessary Branch CampuS forfurtherance of its obiectives in the all districts ofArunachal Pradesh at such places as may be determined by the University. The main campus of the University be at such place as may be decided by the sponsoring body in the State of Arunachal Pradesh. (4) The Chancellor, the Vice-Chancellor, the Board of Governors, the ' Board of Management; and the Academic Senate of the University and all such persons as may be appointed at such office or as memberc so long as they continue to hold such office or membership. (5) The Universitywill have Centres of Excellence for promoting profes- sional and vocalional education in aM outside the country through formal, non-formal, tace-to-face, regular, research, industry integrated, part-time, open, online and virtual education modds. (6) The sponsoring body shall comply with the following provisions: (a) Establish the endowment fund in the manne(prescribed in this Act; ?1q (b) Acquire a minimum ten acres of land in anywhere in the State or as perthe norms of regulating bodies, whichever is higher; (c) Construct or arange a minimum 10,000 square feet of covered space in any where in the State oras per the norms of regulating bodies, whichever is higher for administrative purpose and for conducting academic programmes, (d) lnvest rupees twenty lacs oras per the norms of regulating bod- ies, whichever is higher, on books, journals, computers, library networking and other Facilities so as to make library facilities adequate for contemporary teachang and research; (e) Procure equipmenB, computers, furniture and other immovable assets and infrastructure facilities (otherthan buildings, refened to in clause (c) above) worth not less than rupees fifty lacs or as per the norms of regulating bodies, whichever is higher; (0 Land, building and properties acqujred, created and ananged or built for the university shall not be used for any other purpose, other than that for which the same is acquired; (g) Appoint adequate number of teaching and non-teaching stiaff in each Faculty to be started by the University; (h) Establishmeflt of provident tund and take up wettare programmes forthe employees of.the university; and (i) Fulfil such other academic standards in accordance with the guidelines of the UGC, AICTE, NCTE and other regulatory bodies established by the law of Union or State Government. (7) The sponsoring body shall, within a period of flve years, submil an unambiguous affidavit to the State Govemmentalong with documents to the effect that allconditions referred above in thisAct have been tulfilled. (8) The State Government may extend time to comply with the above provisions of this Act for further period of three years, if such request is made by the sponsoring body and the Shte Governmentis satisfied rn resfect ofthe reasons given by sponsoring body tor the extension. 320 4. Objecb ofthe University : (1) The objects of the University shallbe to disseminate and advance kno\,\rledge by providang instructionaland research facilities in such branches of learning as it may deem fit, to make special provisions . for professionaland vocational courses in management, agriculture, humanities, social sciences, education, law, medical, science and technology in its educational programmes; to take appropriate measures for promoting innovations in teaching Jearning process and inter-disciplinary studies and research; to educate and train manpower for the development of the state and the country; to establish linkages with industries for the promotion of science and technology; and to pay special attention to the improvement of the social and economical conditions and welfare of the people, their intellectual, academicand cultural development. (2) The university shall achieve the objectives set forth above through the Board ofGovernors, the Board of Management and theAcademic Senate in accordance with the provisions of this Act. 5. Powers and Functions otthe UniverBity : Sub,iect to the provisions of thlsAct and such conditions as may be prescribed by Statutes and Regulations, the University shall have the following powers, namely- (1) To provide instruction and training in all such branches of knowledge or leaming as the University may deem fit and to make provision for research, advancement and dissemination of such knowledge. (2) To administer and manage the universitys functions and such centers for research, training or for advancement of knowledge in the fleld ot professional and vocational education. (3) To confer Pre University Certificate, Associate, Bachelor, Master and Doclorate Degrees or other academic distinctions in the manner and under conditions laid dovvn in the Slatutes; (4) To ensure that the academic standards of the Degrees, Diplomas, Certificates and otherAcademic distinctions are not loterthan those laid down by the AICTE, NCTE, UGC, MCl, PCI and such other regu,atory bodies; (5) To sefup Community Colleges, eLearning Centres and support centers in and outside the country for providing vocational education and skill development training facilities; 321 (6) To make special ?rovisions for reseNation for admisston and employment for the eligible candidate domiciled in the State of Arunachal Pradesh; (7) To institute and award fellowship, scholarship, assistantships, stipends, tuition waivers, medals and prizes etc., (8) To hold examinations in and outside the country to grant diplomas or certiricates and to confer degrees or other academic distinctions and on, person who: (a) have pursued a crurse of study in the Untversity or in the approved lnstitutions or in associated lndustry or as an external student or under online education system, or (b) have carried on research in the University or in the approved Institutions or as an external student or under work integrated leaming system; (s) To withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause; (10) To confer honorary degrees or other academic distinctions in the manner laid down in the Act; (11) To fix, collecl, demand and revise fees and othercharges as may be prescribed; (12) To provide tuition fee FREE EDUCATION to the students belonging to Below Poverty Line (BPL) of the State in admissions tor different programmes in the Community Colleges; (13) To create industry - academia parAlership to conceptualize, innovative, design, develop, deliver, offer work integrated learning programs, training programs and research programs in subjects the University may deem fit for such purposes as may be agreed upon on such terms and conditions as the University may, from time to time, determine; (14) To recognize examinations or period of study (whether in full or in part) of other universities, institutions orother place of higher leaming as equivalent to examinations or period of study in the university and to withdraw such recognitions at any time; (15) To make provisions for exlra-curricular activities for students and employees; (16) To provide campus recruitment and establishment of Placement Bu reau; 322 (17) To establish, maintain or recognize Regional Centres, Training Centres, Skill Knowledge Provider,. National Coordinator, Learning Resource Provider and lnformation Centres as may be determined by the University, necessary for furtherance of its objectsi- (18) To make appointments of officers and employees of University; (1s) To recognize any organization situated in and cutside the country, which conduct research or specified studies or specialized studies for such purpose and in such manner and subiectto such conditions as may be prescribed in the statutes; (20) To receive grants, subventions, subscriptions, donations and gifts for the purposes of the University and consistent with the object for which the University is established, (?1) To institute and maintain hostels and to recognize places ofresidence for students of the University or Constituent Colleges or Community Colleges; (22) To supervise and control the residence and to regulate the discipline among the students and all categories ofemployees and to lay down the conditions of service of such employees, including the code of conduct for the students and employees; (23) To create posts for academic, administrative and support staff and other necessary posts and to make appointments thereto with prior approval of the sponsoring body. (24) To establish and maintain within the University or elsewhere, such class rooms, laboratories and libraries, asthe University may consider necessary (25) To strategies alliance or co-operation with other universities or institutions of higher learning in any part of the world for specified educational and research programs, dual dbgreE programs, joint degree programs and exchange programmes for students, faculty members and others; (26) To purchase, take on lease or accept as gifls or otherwise any land or building or works which may be necessary or convenient for the purpose of the University, on such terms and conditions as it may think fit and proper and to construct or alter and maintain any such building or works; (27) To regulate expenditures and manage the accounts ofthe University; (28) To sell, exchange, lease or otherwise dispose of any portion orwhole of the immoveable properties of the University, on such terms as it maythink fit and proper without pre.iudice to the interest and activities of the University upon the prior approval of the sponsoring body or State Govemment. (2e) To draw and accept, to make and endorse, to discount and negotiate, Govemment of lndia and other promissory notes, bills of exchange, cheques or other negotiable instruments; (30) To provide online education in such subject and in such manners as may be specified by Academic Senate of the University, provided that the university may for this purpose establish resource center and collaborate with service provider in various part of the country and abroad. (31) To borrow money with the approval of the sponsoring body, on the security of the property of the University for the purposes of the University and to pay out from the funds ofthe University, allexpenses inciden'tal to raising money, and to repay, redeem any money bonowed; (32) To enter into agreement with the Central Government, State Govemments, University Grants Commission orother agencies for receiving grants and for other purposes, (33) To organize and conduct refresher courses, orientation courses, workshops, seminars, executive education and other programs for the working adults and others through Executive Educatjon Centres; (34) To prepare instructional materials including Book, eBooks, Films, DVD, Websites and other software. (35) To admit lnstitutes ot Higher Leaming to the privilege of the University as approved institution according to the Statutes and regulations made under this Act; (36) To register external students in different courses as per the norms and such other conditions as may be laid down in the regulations of the university; (37) To introduce e€ovemancewith an efiective management information system. 324 (38) To delegate all or any of its powers and functions to any authority of the University or any committee or any sub-committee or to any one or more members of its body or its offices, and (39) To do all such other acts and things as the University may consider necessary conducive or incidental to the attainment or enlargement of the aforesaid objects, powers and functions or anyone of them. 6. University to be Self-financed : The University shallbe self-financed. lt shall neither make a demand nor shall be entitled for any maintenance, grant-in-aid or any other financial assistanca from the Slate Government or any other body or mrporation orned and controlled by the State Govemment, Provided that the lJniversity may receive financial suppott through grant or otherwise; (a) For research, development and other activities for which other Sbte Govemment organizations are provkling fi nancial assisbnce; of (b) For any specific research or programs receiving support from the Central Govemmentand lntemationalAgencies and (c) Forthe benefitof similar Universities in the State \,vtether subject to change in State policy or otheMise Provided fudher that, the University may receive any kind of financial suppod trom any other source as per law- 7. Power to Set-up Community College ahd Campuses : (1) Any lnstitution ororganEation otherthan Constituent Colleges which conduct specified studies, may be recognized by the Board of Management as a Community College for such purpose and in such manner and subject to such conditions as may be prescribed by statutes; (2) Any such recognition may be withdrawn either in whole or in part or modity in such manner or such reasons as may be prescribed by statutes; (3) The University may have Offshore Campuses and Off-Campuses out- side of the state subject to terms and conditions of the University GrantCommission (UGC), New Delhi; (a) The University shall ensure that the academic standards are not lower than those laid down by the AICTE, NCTE, UGC, and such other regulatory bodies. 8. University Open to all classes, castes, creed and g8nder: The U niversity shallbe open to persons ofeither sex and ofwhatever caste, creed, race or class, and it shall not be la\,vful for the University to adopt or impose any condition on any person, any test whats@ver of religious belief or profession in order to entitle him to be appointed as a teacher of the Unlversity or to hold any other office therein or to be admitted as a student in the University or to enjoy or exercise any privilege thereof: Provided that nothing in this section shall be deemed to prevent the University from making special provisions lor the employment or admission of women, persons with disabilities or of persons belonging to the weaker sections of the society tlte Scheduled Tribes and the other socially and educationally backward classes of citizens. 9. National and lnternational Accteditation : (1) The University, if required by any law for the time being enforce, shall obtain prior permission or approval from the regulatory bodies like AICTE, NCTE, BCl, etc. before commencing any course. (2) The University will seek accreditation from respective National and lnternational Accreditation Bodies. 10. Powers ofthe Sponsoring Body : The sponsoring body shall have such powers as may be conferred by thisAct orthe Statutes made there under, it shall include following powers, namely- (1) The sponsoring body may, from time to time, appoint one or more persons who shall be an expertAcademician to review the work and . progress of the University, including Colleges and lnstitutions maintained by it, and to submit a report thereon, and upon receipt ol that report, the sponsoring body may, afier obtaining the views ofthe Board of Governors thereon through the Vice-Chancellor, t3ke such action and issue such directions, as it considers ne@ssary in respect of any of the matters dealt with in the report and the University shall abide by such action and be bound to complywith such directions. 326 (2) Where, the Board of Governors does not, within a reasonable time, take action tothe satisfaction ofthe Sponsoring Body, the Sponsoring Body may, after considering any explanation furnished or representation made by the Board of Governors, issue such directims, as it may think fit, and the Board of Govemors shall comply with such directions. (3) The sponsoring body may, by order in writing, annul any proceeding of the University, which is not in conformity with this Act, the Statutes orthe Regulations. Provided that before makng any such order, sponsoring bMy sha ca upon the Registrar to show cause why such order shwld not be annulled, and, if any causE is shown within a rcafinable time, it shall consider the same before passing appropiate oder. CHAPTER - III OFFICERS OF THE UNIVERSITY 11. Ofricers of the University : The following shall be the Officers of the University, namely: (1) The Chancellor (2) The Pro Chancellor; (3) TheMceGhancellor; (4) The Pro ViceChancellor; (5) The Registra[ (6) The Chief Finance Officeq (7) The Controller of Examination; (8) Dean; (9) Director; and (10) Such other officers as may be declared by the Statutes to be Officers of the University. 12. The Chancellor: (1) The Chancellor of the University shall be either the Chairperson of the Sponsoring Body or such other person appointed by the Sponsoring Body. 327 (2) The Chancellor so appointed shall hold the office as determined by the Sponsoring Body. He shall be eligible for re-appointment. (3) The Chancellor shall be the Chief Disciplinarian of the University. The Chancellor may either suo motu or on the recommendation of the sponsoring body or State Government issue such directions as may be necessary or expedient in the interest of both administration and academic functioning of the University and in particularto ensure peace and tranquillity and to protect the property and finances; (4) The Chancellor shall have such powers as may be confened on him by thisAct or the Slatutes made there unde( it shall include following powers, namely: (a) to function as the Head of the Universityi (b) to preside over all convocation of the University; (c) to appoint or re€ppoint or terminate the appointrnent of the Vce- Chancello( Registral Confoller of Examination, Directo( Deans, Chief Finance Officer and other officers; (d) to appoint, in order to execute an instrument or transact any business of the University, any person as it may deem fit; (e) to pre-approve the appointment ofthe teaching and non teaching staff of the university, (D to appoint the university review committee in the'manner pro- vided in this Act; G) to have all privileges equalto the Chancellor of the Central Gov- emment university in the s'tate. (h) to constifute the Board of Govemors, the Board of Management, theAcademic Senate, and the Finance Committee, he Research Council, the Online Education Commiftee, Community College DevelopmBnt Council and theAcademic Senate; (i) to pre-approve the Agenda matters in the manner provided in this Act; 0) in the event ofa conflict inter-se between the functionary orfunc- tionaries or body or bodies and any other functionary or body of the University, then the issue shall be referred to the Chancellor and the decision of the Chancellor in respect of the such issue shall be final and binding on the University. 328 13. ThePro-Chancellor: (1) The Sponsoring Bodyshall appoint Pro-Chancellors of the Univer sity for assisting the Chancellor in discharging its duties. The emolu- ments and other terms and conditions of employment of the Pro Chancellors shall decided by the Sponsoring body. (2) The Sponsoring Body is empowered to remove the Pro Chancellor afterdue enquiry. The Sponsoring Body may suspend the Pro Chan- cellorduring enquiry depending upon the seriousness of the charges as it deems fit. (3) The Pro Chancellor shall have such powers and performed such other duties as may be laid down by the Statutes. 't4. The Vice-Chancellor : (1) The Mce-Chancellor shall be appointed by the Chancellor out of a panelnotless than three person re@mmended by Search Committee consisting of three persons whom one shall be nominated by the Chancellor, one by the Spontoring Body and Commiaaioner (Education), Govemment ofArunachal Pradesh or his nominee not below the rank of a Joint Director. The Search Committee shall, on the basas of merit, recommend three persons suitable to hold the office of the Vice-Chancellor and foMard the same to the Chancellor along with a concise statement showing the academic qualifications and other distinctions of each person but shall not indicate any order of preference. Provided that if the Chancellor does not awrove any percon included in the panel, he may calltresh panelftom Search Committee. (2) The emoluments and other service conditions of the Mce-Chancellor shaltbe such as may be determined by the Chancellor and shall not be varied to the dis-advantage after his appointment as Vice- Chancellor. lf a retired person is appointed as Vice-Chancellor, the emoluments shall be reduced by the amount of pension and allowances drawn by him (3) The Vice-Chancellor shall hold office for a term of flve years from the date on which he enters upon his office, or until he attains the age of seventy years, whichever is earlier, and he shall not be eligible for re- appointment; 329 Provided that notwithstanding the expiry of the said period .years, of five he shall continue in office until hls suecessofus appointed and enters upon his office: Provided tufther that the Chancellor may direct any Vice- Chancellor afrer his term has expired, to conlnue in office for such peiod, not exceeding a total peiN of one year, as may be specified by him. (5) The Vice-Chancellor shall be the Principal Executive andAcademic Officer of the University and shall exercise general supervision and contsol over the affairs of the Univers,ty and give effect to he decisions ofthe authorities of the University. (6) The Vrce{hancellor shall cdlvene meetings of the Board of Governors and keep the minutes of all the proceedings of the Board of C,o\rernors. (7) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power confened on any authority of the University by or under this Act and shall report to - such authority at its next meeting the action taken by him on such matter Provided that if the authority concemed is of the opinion that such action ought not to have been taken, it may reter the mafter to the Chancellor whose decision thereon shall be final; Provided fufther thal any person in the seryice of the University who is aggrieved by the action taken by the Vice- . Chancellor under this sub-section shall have the right to represent against such action to the Board of Governors within throa months from the date on which decision on such action is communicated to him and theraupon the Board of Governors may confirm, modify or reverse the action taken by the Vice-Chancellor. (8) The Vice-Chancellor, if he is of the opinion that any decision of any authority of the University is beyond the powers of the authority conferred by the provisions of this Act, the Statutes orthe Regulat ons orthat any decision taken is not in the interest of the University, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision 330 ' either in whole or in part or no decision is taken by at within the said period of sixty days, the matter shall be referred to the Chancellor whose decision thereon shall be final. (9) The Vice-Chancellor shall preside over the convocation of the University in the absence of the Chancellor. (10) The Vice-Chancellor may, byorder in writing, delegate any power vested in him to any other officer of the University. (11) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be laid down by the Statutes or the Regulations. (12) The Chancellor is empowered to remove the Vice-Chancellor. The Chancellor may, at any time after the Mce-Chancellor has entered upon his otfice, by order in writing, remove the Vice.Chancellor from office on grounds of wilful omission or tncapacity, misconduct or refusal to carry out the provisions of this Act or violation of statutory provisions orfor abuse ofthe powers vested in him: Provided that the Chanceltor shall consult the Sponsorn-g Body before making such order. (13) The Chancellor may suspend the Vice-Chancellor during enquiry depending upon lhe seriousness of the charges as he deems fit. (14) The Mce.Chancellor may relinquish his omce by resignation in writing underhis hand addressed to the Chancellorwhich shall be delivered to Chancellor normally sixty days prior to the date on which the Vrce-Chancellorwishes to relieved from his otfice, but the Chancellot rhay relieve him earlier. ('15) During the period when a vacancy in the office of the Vice-Chancellor remains unfilled, the Pro Vice-Chancellor or Professor in the University, as the Chancellor may appoint, shall act as Vice- Chancellor and the person so appointed shall have all the powers and Shall be entitled to all the privileges of the Vice-Chancellor and to such emoluments and allowances as may be determined by the Chancellor 15. The Pro vice-chancellor : The Chancellor shall appoint Pro-Vice-Chancellors in such manner and they shallexercise such powers and perform such duties as may be laid down by the statutes. 16. The Registrar: (1) The Regiskar shall be the Principal Operations OfFrcerbf he University and shall be appointed by the Chance{lor for the term bf five years and shall be eligible for re-appointment. , Provided that the Registra.r sha retire on aftaining the age of sixty-two years. (2) The emoluments and other terms and conditions of employment of the Registrar shall be those contained in the contract of employment. (3) All contracts as defined in statutes shall be entered into underthe signature ofthe Registrar on behalf of the University. (4) The Registrar shallbe responsible for the due custody ofthe records and the common seal of the University and shall be bound to place before the Chancellor, the Vice.Chancellor or arry other authority, all such inrormation and documents as demanded. (5) The Registrar shall issue all notices convening meeting of the Board of Management, theAcademic Senate and the Finance committee or any committee appointed by the authorities ot the University. (6) The Registrai shall keep the minutes of all the meetings of Board of Management, theAcademic Senate and the Finance coniinittee or any comrnittee appointed by the authorities ofthe University. O) To conduct the official correspondence of the Board of Management, Academic Senate and Finance Committee. (8) ln all sult and other legal proceedings by or against the University, the pleadings shall be signed and verified by the Registrar and all processes in such suits and proceedings shall be issued to and be served on the Registrar (9) The Registrar shall have power to take disciplinary action against such of the employees, as may be specified in the order of the Board of Governors and to suspend them during pending inquiry, to givewarnings or impose penalty of censure orwithholding increment: 332 Provided that no such penalty shall be imposed unless the person has been given a reasonable oppoftunity of showing cause against the action proposed to be taken upon him. (10) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified in sub-clause (9). (11) ln a case where the inquiry discloses that a punishment beyond the power of the Registrar is called for, the Registrar shall, upon the conclusion of the inquiry make a reference to the Vice-Chancellor along with his recommendations: Provided that an appeal shall lie to the Chancellor against an order of the Vice-Chancellor imposing penav and the decision of the Chancellor in respect o,'such lssue shall be final and binding on such person. (12) The Registrar shall be the ex-officio Secretary of Board of Management, the Academic Senate, the Finance Committee, Planning Board and all other authorities of the University except Board ofGovernors, but shall not be deemed to be a memberofany ofthese authorities. (13) The Registrar shall have the po\rrcr to authenticate records on behalf of the Universityand shallexercise such other poweBand perform such other duties as may be laid down by the statutes or may be assigned from time to time, by the Board of Governors, Chancellor orthe Mce-Chancellor. (14) The Chancellor is empowered to remove the Registrar. The Chancel- lor may suspend the Registrar during enquiry depending upon the seriousness ofthe charges as he deems fit. (15) . When the office of the Registrar is vacant orwhen the Registrar is, by reason of illness, absence or any othercause, unable to perform the duties of his omce, the duties ofthe office shall be performed by such person as the Chancellor may appoint for the purpose. 17. The Chief Finance Ofticer: (1) The Chief Finance Officershallbea whole time salaried officer of the University and shall be appointed by the Chancellor for the term of five years and shall be eligible for re-appointment. Provided that the Chief Finance Officer shall retire on at- taining the age of sixty two years. (2) The emoluments and other terms and conditions of employment of the Chief Finance Officer shall be those contained in the contract of employment. (3) When the otfice of the Chief Finance Offlcer is vacant or when the Chief Finance Officer is, by reason of illness, absence or any other cause, unable to perform his duties then the duties ofthe office shall be performed by such person as the Chancellor may appointforthe purpose. (4) Subject to the control of the Board of Governors, the Finance Officer shall- (a) exercise generalsupervision over the funds of the Universlty and shall advise with regards to financial policy; (b) hold and manage the property and investments of the University including trust and endowed property; (c) ensure hat the limits fixed by the Board of Govemors for recumng and non-recurring expenditure for a year are not exceeded and thatall moneys are expended on the purpose forwhich they are granted or allottd; (d) be responsible for the preparation of annuel accounts and the budget of the University and for its presentiation to the Board of Govemors; (e) keep a constant watch on the staE of the cesh and bank balances and on the state of investments; (D watch the progress of the collection of revenue and advise on the methods of collection employed; (g) ensure that the registers of buildings, land, furniture and equipment are maintained uptoiate and that stock-checking is conducted, of equipment and other consumable materials in all offices, Oepartments, Centres and Specialized Laboratories; (h) Bring to the notice of the Chancellor unauthorized expenditure and other financial irregularities and suggest disciplinary action against persons at fault; 334 (i) Callfor, from any office, Department, Centrei Laboratory College , or lnstitution maintained by the University, any information or returns that he may consider necessary for the performance of his duties; and 0) Perform such other flnancial functions as may be assigned to him by the Chancellor or as may be prescribed by the Statutes orthe Ordinances (5) Any receipt given bythe Chief Finance Officer or the person orpersons duly authorized in this behalf by the Board of Governors for any money payable to the University shall be sutficient discharge for payment of such money. 18. The Controller of Examination : (1) The Controuer of Examination shall be a whole time salaried officer of the University and shall be appointed by the Chancellor on the recommendation of the Board of Management for the term of five years and shall be eligible for re-appointment. Provided that the Controller of Examination shall retire on years. attaining the age of sixty two .,,. (2) The emoluments and otherterms and conditions of employment of the Controllerof Examination shall be those contained in the contract of employment. (3) When the office of the Controller of Examination is vacant or when ' the Controller of Examination is, by reason of illness, absence or any other cause, unable to perform the dutres of his offlce, the duties of the office shall be performed by such person as the Chancellor may appoint for the purpose. (4) The Controller of Examinations shall arrange for and superintend the examinations of the University in the manner prescribed by the Regulations. (5) The Controller of Examination shall exercise such other powers and perform such duties as may be laid down by the statutes or as may be required by the Board of Management or the Chancellor or the Vice-Chancellor or the Registrar. 19. Dean of taculties : (1) Dean of the each Faculty shall be appointed by the Board of Managementwith the prior approvalof the Chancellor: Provtded fudher that a Dean on attaining the age of sixty- five years shall cease to hold office as sucfi. (2) When the office of the Dean is vacant or when the Dean is, by reason of illness, absence or any other caose, unable to perform duties of his office, the duties of the office shall be performed by such person as the Chancellor may appoint for lhe purpose. (3) The Dean shall be the Head of the Faculty and shall be responsible for the conduct and maintenance of the standards of teaching and research in the Faculry and shall have such other functions as may be prescribed by the Regulations. (4) The Dean shall be the Chairperson of the concemed Board of SUrdies. 20. DiEctor : (1) The Darector shall be a whole time offlcer of the university and shall be appointed by the Board of Management with the priorapproval of the Chancellor. The emoluments and otherterms and conditions of employmentof the Director shall be those contained in the contract of employment. He shall exercise such powers and discharge such duties as may be conferred or imposed by the Chancellor or as may be prescribed by the statutes. (2) When the office of the Director is vacant or when the Director is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Chancellor may appoint for the purpose. 21. Other Officers : The manner of appointment, terms and conditions of service and powers and duties of the other officers of the University shall be such as may be specifled by statutes. 336 CHAPTER.IV AUTHORITIES OF THE UNIVERSITY 22. Authorities ofthe University: The following shall be authorities of the University, namely: (1) The Board of Govemors; (2) The Board of Management; (3) The Academic Senate; (4) The Finance Committee, (5) The Research Council; (6) The Community College Development Council ; (7) The Online Education Committee ; (8) The Board of studies; (9) The Board ofAppointment; and (10) Such other authorities as may be declared by the Statutes to be the authorities of the University. 23. The Board of Governons : (1) The Board of Governors shall consist of the following, namely: (a) The Chancellor (b) The Vice Chancellor (c) Three persons, out of whom at least one will be woman, nominated by the Sponsoring Body. (d) The Commissioner (Education), Government of Arunachal Pradesh or his nominee not below the rank of a joint Secretary. (e) One Dean of the Faculty nominated by Vice-Chancellor on rola- tion basis. (f) One nominee of the University Grant Commission (UGC), New Delhi . (g) One expert nominated by the Chancellor. (2) The Pro-Chancellor, Registrar and the Chief Finance Officer shall always be non-voting permanent invitee on the Board ofGovernors. (3) The Chancellor shall be the Ex-Officio Chairperson of the Board of Governors and the Vice-Chancellor shall be the Ex-Officio S€cretary of the Board of Govemors. (4) The tenure of office of the members of the Board of Governors, appointment of members other than one Govemment representative, renewal and removal etc. shall be such as may be laid down by the statutes. (5) All meeting of the Board of Governors shall always be chaired by the Chanc€llor and in his absence by any one of the nominees of the Sponsoring Body and where the sponsoring body has not nominated any nominee, then by the Mce-Chancellor. (6) Quorum for all meetings ofthe Board of Governors shall be three members attending and voting at such meeting. Provided that the presence of either the Chancellor or one nominee of the Sponsoing bdy shall always be necessary to form the quorum fot any meeting of the Board of Govemors. (7) No resolution shall be passed or decision be taken by the Board of Govemo6 at their meeting, in respect of anyAgenda Matters except pursuant to an affirmative vote by the Chancellor rn iavour of the Agenda Matter. (8) ln the event of a conflict of opinion at a meeting of the Board of Governors, the issue shall be referred to the Sponsoring Body and the decision of the Sponsoring Body in respect of such issue shall be final and binding on the University. (g) The Chancellor may, for the purpose of consultation lnvite any per' son having special knowledge or practical experience in any subject under consideEtion to attend any meeting and such person may speak in and othen ise take part in the proceedings of such meeting but shall not be entitled to vote. (10) The Board ofGovernors shallbe the principalgoverning body of the University and shall have the f,ollowing powers, namely: (a) to appoint the statutory auditor of the University; JJd (b) to hold and to control the property and funds of the University and issue any general or special instructions on behalf of the University; (c) to accept the transfer and to dispose-off any movable or immovable property on behalf of the University; (d) to lay down policies to be pursued by the University; (e) 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 Regulations ; (D to approve the budg€tand annualreport of the University with or without modification; (g) to open branch campus, constituent college, regional centre and research centre, (h) to approve contract of employmenlor amend or repealthe earlier contract of employment with orwithout modification; (i) to approve the new or additional Satutes or amend or repeal the earlier Statutes and Regulations with or without modification; 0) to remove any officer from oftice on grounds of willfulomission or incapacity, misconduct or refusal to carry out the provisions of this Act or violation of statutory provisions or for abuse of the powers vested in him with prior approval of the sponsoring body; {k) to recommend about the voluntary winding up of the University to the Sponsoring Body through Chancellor; (l) to approve proposal for conferment of an honorary degree or distinction. (m) to approve proposals for submission to the Gbvemment or Nalional or lntemationalAgencies or-Regulatory Bodies; (n) to appqint such committees, whether gtanding ortemporary as it may di:em necessary for its proper functioning of the University; (o) to invest money belonging to the University; (p) to open accounts in any scheduled bank, operate such accounts and to give instruction to the bank and to provide for the opening and operation of such accounts. 339 (q) the operation of the Endowment Fund. the Generat Fund and the Development Fund; (r) to nominate a chief rector or rectori who will from time to time, under the advice and directions of the Chancellor, decide the policy and framework within wrych the Board of Management, Academic Senate, Finance Committee and such other authorilies as may be declared in the statutes, will function and pass resolutions lor the proper administration of the University: and (s) to delegate any pcr\fler to the Pro{hancellor, the Vice-Chancellor, the Registrar or any com mittee or sub-committee or to any one or more offlcers of the University; (t) ln case of ditference of opinion among the members, the opinion of the majority of the member presents shall prevail; (u) Each member of the Board of Governors shall have one vote, if there shall be equality of votes on any question to be deter- mined by the Board of Governors, tho Chairperson ofthe Board of Governors or peBon presiding overthe meeting, shall, inaddi- tion, have the casting vote. (v) lf urgent action by the Board of Govemors becomes necessary the Chancellor may permit the business to be transacted by circulation of papers to the members ofthe Board of Governors. (w) The action proposed to be taken shall not be so taken unless agreed to by the majority of the members of the Board of Gover- nors. The action so taken shall be forthwith intimated to all mem- bers ofthe Board of Governors and the papers shall be placed b€fore the next meeting ofthe Board ofGovernors for confirma- tion. (x) to regulate and determine all matters conceming the University in accordance with this Act and the Slatutes, and to exercise such powers and to discharge such duties as may be conferred or imposed on it by this Act and the Statutes; (11) The Board of Govemors shall, meet at such time, it deems necessary and in such a place as the Chancellor thinks fit, provided that one ordinary meeting shall be held every quarter. One of such meeting shall be called the Annual meeting. uo (12) The members of the Board of Govemors shall not be entitled to receive any remuneration from the UniveEity except such daily and travelling allowances as may be prescribed. 2/t. The Board of Management : (t) The Board of Managemeni shallconsist of the following: (a) The Vice Chancellor; ' (b) The Diiector- Higher and Technical Education, Government of Arunachal Pradesh or his nominee not below the rank of a Joint Dkector; (c) One member of the Board of Governors, nominated by the Chancellor; (d) Two persons nominated by the Sponsoring Body; (e) One Faculty of the University, nominated by the Vice-Chancellor on rotation for a period ofoneyear; (D One management representative to be nominated by the Sponsoring Body;
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The Apex Professional University Act, 2012 — segment 2
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The Apex Professional University Act, 2012 — segment 2
This provision sets out the university’s governing bodies, their powers, meeting rules, approval steps, and funding requirements.
(g) One expert nominated by the Chancellor (2) The Pro Vice-Chancellor and Chief F,nance Officer shall always be non-voting permanent invitee on the Board of Managemenl. (3) Thevice Chancellor shallbe the Ex-Officb Chairperson of the Board of Management and the Registrar shall be the Ex-Officio Secretary of the Board of Management. (4) The Board of Management shall have the following powers and functions namely: (a) To make Statutes and to amend or repeal the same and submit , to Board of Govemors for approval: (b) To approve regulation framed byAcademic Senate with or without modification; (c) To provide instruction and training in such branches of learning or field of professional and vocationaleducation as it may deem fit; 341 (d) To establish Faculty in the University in such disciplines of learning in various field of professionaland vocetional education as it may deem fttwith prior approval ofthe Board of Governors; (e) To create Teaching, Non-Teaching, ministerial and other necessary post required by the University with priorapproval of the sponsoring body; (0 To appoint from time to time, the Librarian, the Professors, Readers, Associate Professor, Assistant Professor, other members of teaching staff, non-teaching staff and ministerial staff on the recommendation of the Board of Appointment, with prior approval of lhe Chancellor: (g) To appoint, from time to time, such number of officer and on such terms and conditions as it may deem fit for carrying out the management and affairs of the Universitywith priorapproval of the Chahcellor; (h) To confer degrees, diploma, pre university c€rtificate and other academic distinctions on person who- (i) have successfully completed a course of study or training in the University or in approved institution oras an external student or under online education system; OT (ii) have carried on research under conditions prescribed by the Regulations; or (iii) have successfully completed an intemship course or practbaltraining underthe conditions prescribed by the Reguhtions (i) To ensure that the infrastructure and academic support meeb in accordance with the guidelines of the UGC, AICTE and other regulatory bodies as the case may be; O To consider and take such action as it may deem fit on the annual report, and annualaccount and the flnancial estimates; (k) To prescribe the qualification of teaching and non-teaching staff in the University and the approved institutions in the Stiatutes. 342 (l) To take disciplinary action against the employees of the University in the manner pfescribed and to impose such penalties as may be specifled in the statutes and to place them under suspension pending enquiry, (m) To cause an inspection ofall institutions, and other organizations associated or to be associated to the University and to take such action as may be deemed necessary, (n) To prescribe manner in which, conditions subject to which an institutions or organizations may be designated as Natlonal Coordinator or Service Providerand to cancel such designation; (o) To recognize, on the basis of inspection report, any institution situated within or outside the State otherthan constituent college, Mrich conduct research or specified studies orspecialized studies oronline education; (p) To appoint examiners on the recommendations of the Board of studies and fix their remunerationl (q) To charge and collect fees as may be prescribed; (r) To conduct the examination and approve and publish the results thereon, (s) To appoint members of the Community College Development Council and Online Education Committee; (t) To establish and maintain hostelsi (u) To recognize hostel not maintained by the University, and to suspend or withdraw recoonition of any hostel. M Tp award fellowships, favelling fellowships, studentships, med- .als and prizes in accordance with the Statutes; (w) To manage any publication bureau, placement bureau and Uni- vers,ty sports and athletic clubs instituted by the University: (x) ln case of difference of opinion among the members, the opinion of the majority of the member presents shail prevarl, (y) Each member of the Board of Management shall have one vote, if there shall be equality of votes on any question to be deter mined by the Board ofManagement, the Chairperson ofthe Board of Management or person presiding over the meeting, shall, in addition have the casting vote. 343 (z) lf urgent action by the Board of Management becomes neces- sary the Chancellor may permit the business to be transacted by circulation of papers to the members ofthe Board ofManage- ment. (aa)The action proposed to be taken shall not be so tiaken unless agreed to by the majority of the members of the Board of Management. The action so taken shall be forthwith intimated to all members of the Board of Management and the papers shall be placed before the next meeting of the Board of Management for confirmation. (bb)To delegate any of its power to the Pro Vice-Chancellor, the Registrar, the Director orany com mittee or suFcommittee orto any one or more officer of the Universip. (cc)to exercise such powers and to discharge such duties as may be conferred or imposed on it by this Act, statutes and regulations; (5) All meetings of the Board of Management shall always be chaired by the Vice Chancellor and in the absence of the Vice Chancellor, nominee of the Sponsoring Body and where the Sponsoring Body has not nominated any nominee, then by any other member. (6) ln the event of a conflict of opinion at a meeting of the Board of Management, the issue shallbe refened to the Chancellor, and the decision ofthe Chancellor in respect of such issue shallbe finaland binding on the University. (7) The Board of Management shall meet once in every two months in such a place as the Vice-Chancellor thinks fit. (8) The quorum for meetings of the Board of Manag€ment shall be five members. (9) The tenure of office of the members of the Board of Management otherthan ex-officio member shall be th ree years ortillremnstitution, wliich ever is earlier. (10) Ndtwithstianding anything contained in thisAct, the Chancellor shall reconstitute the Board of Management once in three year (11) A copy of the proceedings of each meeting shall be furnished to the Chancellor and Sponsoring Body of the University within twenty working days of the meeting. 344 (12) The members of the Board of Management shall not be entitled to receive any remuneration from the University except such daily and travelling allowances as may be prescribed. 25. The Academic Senate : (1) TheAcademic Senate shall conslst of the following, namely: (a) Vice Chancellor (b) Pro Vice Chancellor (c) Registrar (d) OneAcademician nominated by the Chanc€llor (e) Four faculty memb€rs nominated by the Vice Chancellor (f) Dean of allthe hculties of the University (g) Four extemal experts nominated by thB sponsoring body (2) The Vice-Chancellor shall be the Ex-Officio Chairperson of the Academic Senate and the Registrar shall be the Ex-Officio Secrctary of the Acidemic Senate. (3) The Academic Senate shall be the principal academic body of the University and shall, subjecl to the provisions ofthisAcl, the $atutes, fEAcademic Senate shall, in addition to allother power vested in it, have the following powers, namely: (a) To report any matter referred or delegated by the Board of Management (b) To make recommendations to the Board of Manage.ment with regard to the creatron, abolition or classification ofteaching post in the Lhiversity.and the emoluments and the duties attached thereto; (c) To appoint committee for admission to the University. (d) To make Regulations regarding scheme of Examinations and conditions on which the siudents shall be admitted to the examinations, degrees, diplomas and pre-university certifi cate or other academic distinctions; (e) To make arrangements through regulalions for the instruction, training and examination; 345 (D To consider proposal submitted by the Community College Development Council , Online Education Committee and the Board of Studies; (g) To make regulation prescribing equivalence of examination: (h) To make anangement for the conduct ofexamination and to fix date for holding them. (i) To make recommendaton to the Board of Management in regard to the appointment to examiners and if necessary their removal and the fixation of their fees, emoluments and trave'ling and other expensesi (j) To make regulation for declaring of the result of the various examinatiori (k) To amend or repeal any Regulations: (l) To award stipends, scholarships, medals, prizes and to make other awards in accordance with the regulations and such other conditions as may attached to the awards; (m) To delegate anyof its power to the Vice-Chancellor, the Controller of Examination or any committee or sub-committee or to any one or more officer of the University: (n) To publish lists of prescribed or recommended textbooks and to publish syllabus of the prescribed course of study; (o) To prepare such forms and register as are, from timeto time, prescribed by regulations; (p) ln the case of ditference of opinion among the members, the opinion of the majority of the member presents shall prevail; (q) Each member of the Academic Senate shall have one vote, if there shall be equality of votes on any question to be determined by the Academic Senate, the Chairperson of the Academic Senate or person presiding over the meeting, shall, in addition, have the casting vote. (r) lf urgent action by the Academic Senate becomes necessary, the Vice-Chancellor may permit the business to be transacted bycirculation of papers to the members of the Academic Senate. 346 (s) The action proposed to be taken shall not be so taken unless ' agreed to by the majority of the members of the Academic Senate. The action so taken shall b€ forthwith intimated to all members of theAcadem jc Senate and the papers shall be placed .before the next meeting of theAcademic Senate for confirmation. (t) To perform, in relation to academic matters, all such duties and to do all such acts as may be necessary for the proper carrying . out the provisions oJ this Act and the statutes. (4) . TheAcademic Senate shall meet as often as may be necessary but not less than two times during an academic year (5) One third of the total strength of the members shall be the quorum required for a meeting of theAcademic Senate. (6) Every meeting of the Academic Senate shall be presided over by the chaarperson of the Academic Senate and in his absence bya member chosen by the meeting to preside on the occasion. (7) The tenure of office of the members of theAcademic Senate other than ex-officio member shall be lhree years or till reconstitution, whichever is earliec (8) ' The members of the Academic Senate shall not be entitled to receive any remuneration from the University except such dailyand travelling allowances as may be prescribed. --Notwithstanding (9) anything contrained in this Act, the Chancellor shall reconstitute the Academic Senate once in three year 26, FFEnce Commlttee : (1) The Finance Commlttee shall consist of following, namely: (a) The Chancelior oi nis nominee' (b) TheVice-Chancellor (c) The Registrar (d) The Chief Finance Officer (e) One nominee of the State Govemment (0 One nominee of the Sponsoring Body G) Such other members co-opted by the Chancellor as special rnvitees. 347 (2) The Finance Committee shall be the principalfinancial bodyofthe University to take care of financial matters and shall, subject to the provisions of this Act, Regulations and Statutes, co-ordinate and exercise general supervision over the flnancial matters of the University. (3) Thefunction and duties of the Finance Committee shallbe asfollows;- (a) Make recommendation to the Board of Govemors on every proposal involving investment or expenditure forwhich no provision has been made in the annual budget and to which involves expenditure in excess ofthe amount provided for annualfinancial estimate. (b) Pr*cribed the methods and procedure and forms for maintaining accoundof the University. (c) To scrutinize and examine annualaccounts of the university and to advice to the Board of Management thereon. (d) To prepare annual budget and estimates and submit it to the Board of Govemors for approval. ('e) To review the financial position of the university from time to time. 0 To make recommendations to the Board of Management on all proposals invoMng the raising of funds, receipts and expenditure. (4) The Chancellor shall preside over the meeting of the Finance Committee and in his absence, the vicethancellor shall preside. (5) The Finance Committee shall meet at least twice a year. Three members of the finance committee shall form the quorum. (6) ln the case of difference of opinion among the.memberE, the opinion of the maio ty of the fiember presents shall prevail. (7) Each memberofthe Finance Committee shall have one vote, jfthere shall be equality of votes on any question to be determined by the Finance Commiftee, the Chairperson of the Finance Commlttee or person presiding overthe meeting, shall. in addition, have the casting vote. 348 (8) ln lhe event of a conflict of opinion at a meeting of the Finance Commitee, the issue shall be referred to the Chanc€llo( and the decision ofthe Chancellor in respect of such issue shall be final and brnding on the University. (9) lf urgent action by the Finance Committee becomes necessary, the Chancellor may permit the business to be transacted by circulation of papers to the members of the Finance Committee. (10) The action propos€d to be taken shallnot beso taken unless agreed to by the majority of the members of the Finance Committee. The action so tiaken shall be forthwith intimated to all members of the Finance Committee and the papers shall be placed before the next meeting of the Finance Com m ittee for confirmation. (11) to delegate any of its power to the Pro Vice-Chance llor, the Registra( the Director or any committee or sub-committte or to any one or more officer of the University. (12) to exercise such powers and to discharge such duties as may be confened or imposed on it by this Act, statutes and regulations; (13) The members of the Finance Committee shall not be entitled to receive any remuneration from the University except such daily and travelling allowances as may be prescribed. (14) The tenure of office of the members of the Finance Committee other than ex-officio member shall be three years or till reconstitution, whichever is earlier. (15) Notwithstanding anything contained in thisAct, the Chancellor shall reconstitute the Finance Committee once in three year. 27. The Research Council : (1) The Research Council shall be the principal research committee of the University and shall provide the larger holistcvision ofthe kind of research to be undertaken by the university, including prioritization ofthe research areas. Research Council shall subjectto the provision of this Act, the statutes, regulations and the rules, coordinate and exercise general supervision over the research policies of the University. 349 (2) There shall be Research Council for each faculty in the university. . The Research Council shall consists of the following, namely: (a) The Vice-Chancellor or his nominee (b) The Pro Vicechancellor 1cj me oean - Research & Development (d) Deans otthe Concerned Faculties (e) One expert nominated by Chancellor (3) Th9 Vice-Chanc€llor shall be the Ex-O{ficio Chairperson of the Research Council and the Dean - Research & Development shall be the Ex-Officio Secretary of the Research Council, who shall keep proceedinEs of the meeting on record and the Cusbdlan of all papers relating to the Research Council. Meetingsof the Research Council shallbe convened by the Secretary on such date and at such time and place as may be fixed in consultation with the Chairman of the Reseatch Council. (4) The statutes may specify the other powers and functions of the Research Council. (5) Three members of the Research eouncil shall form the quorum for meetings. (6) The tenure of office of the members of the Research Council other than ex-offtcio member shall be three years or till reconstitution, whichever is earlie (7) Notwithstanding anything contained in thisAct, the Chancellorshall reconstitute the Research Council once in three year. 28. Community College Development Council : ('l) The Community College Development Councilshall be the principal body in the University to review and approve academic policies and issues related to the curriculum fot academic programs and instructions otfered by the Community Colleges in accordance with the Do\ic\esand procedures ol the AcaderNc Senate . 350 (2) The Community College Development Council shall subject to the provision of thisAct, the statutes, regulation and the ruies, coordinate and exercise general supervision over the Community Colle$es policies of the University. (3) The Director - Community Colleges shallbe chairperson of the Com- munity College Development Council. The Board of Management shall nominate three members in the Community College Develop- ment Council. There shall be a Secretary of the Community College Development Council as may be appointed by the Chancellor who shall keep proceedings ofthe meeting on record and the Custodian of all papers relating to the Community College Development Council. Meetings of the Community College Development Council shall be convened by the Secretary on such date and at such time and place as may be fixed in consultation with the Chairman of the Community College DevelopmentCouncil. (4) The Community College Committee shall set up Communaty _ Colleges in and outside the country for such purpose and in such manner and sub.iect to such conditions ?s may be prescribed by statutes; (5) The statutes may specify the other powers and functions of the Community College Development Council. (6) Three members of the Communty College Development Councilshall form the quorum for a meeting. (7) The tenure of office of the members of the Community Coliege Development Council other than ex-omcio member shall be three years or till reconstitution, whichever is earlier (8) Notwithstanding anything contained in thisAct, the Chancellor shall reconstitute the Community College Development Council once rn 29 Online Education Committee : ('1) The Online Education Committee shall be the principal body in the University to revlew and approve academic policies and issues related to the curriculum for academic progia,ms and instructtons deliver via face to face teaching, practical, satellite mediated instructions, elearning mode, print material and on the job training as per the program requirement to a larger segment of the population and to promote educationalwellbeing of the society in general, toenmurage the eLearning and alternative learning system in conjunction wlth the conventionaleducation pattern ofthe Country and to coordinate and determine the standards in such system; 351 (2) The Online Education Committee shall subject to the provision of ' thisAct, the statutes, regulation andthe rules, coordinate and exercise generalsupervisi$r over the online education policies of the University. (3) The Direclor- Online Education is chairperson of the Online Education Committee. The Board of Management shall nominate three rnemberc in the Online Education Committee. There shall be a Secretary of the Online Education Committee as may be appointed by the Chancellor who shall keep proceedings of the meeting on record and the Custodian of all papers relating to the Online Education Committee. Meetings of the Online Education Commitee shall be convened by the Secretjary on such date and al such time and place as may be fixed in consultatron with the Chairman of the Online Education Committee. (4) The Online Education Committee shall set up eleaming Centres in and ouGide the country for providing professional education and skill development training facilities; (5) The stratJtesmay speciry the other powers and functlons of the Online Education Commi$ee. 6) Tnre€ members of the Online Education Committee shallform the quorum for meetings. (7) The tenure of office of the members of the Online Educaton Commitee otherthan ex-officio member shallbe three years or tillreconstitution, whichever is earlier (8) Notwithstanding anything contained in this Act, the Chancellor shall reconstitute the Online Education Committee once in three year. . 30 Board of Studies : (1) There shall be a board of studies for each faculty in the university. The powers and functions of Board of Studies shall be as follow: (a) Coordinating teaching and research work in the Faculty and Centres, (b) Appoint committees to organize the teaching and research; (c) Propose courses of study to Academrc Senate: 352 (d) Recommend names of the Examiners toAcademic Senate and submit proposals for creation and abolition of teaching posts; (e) Recommend general regulation for assessment of students to Academic Senate; (0 Approve recommendation for award of research degrees etc.; (2) The Dean of Faculty concemed shall be chairperson of the Board of Studies. The Vice- Chancellorshall nominate three members in the Board of Studies, out whom at least one will be member of the Academic Senate. There shall be a Secretary ofthe Board as may be appointed by the Vice-Chancellor who shall keep proceed ings of the meeting on record and the Custodian of all papers relating to the Boards of $udies, lVleetings ofthe Board of $udies shall be convened by the Secretary on such date and at such time and place as may be fixed in consultation with the Chairman of the relevant Board of Studies. (3) A joint meeting of two or more Boards may be convened by the Registrar of the University on such date and at such time and place as may be fixed in consultation with the Vice-Chancellor for transacting such business as he may think fiL The Vice-Chancellor shall preside over such Joint meeting of Boards and the Registrar shall keep on record the proceedings ofthe meeting (4) The statutes may speciff the other powers and functions of the Board of S'tudies. (5) Three members of the Board of Studies shall form the quorum for meetings. (6) The tenure of office of the members of the Board of Studies other than ex-officio member shall be three years or till reconstftution, whichever is earlier (7) Notwithstanding anything contained in this Act, the Chancellor shall , reconstitute the Board of Studies once in three year. 31. Board of Appointment : (1) There shall be two Board of Appointment for selecting person for Teaching and Non-Teaching respectively. (2) Every such Board ofAppointment for teaching staff shall consist of- (a) The Vice€hancellor- Ex-Omcio Charrman, (b) Two subject expert nominated by the Chancellor; (c) Dean of the Concerned Faculty, if he is a Professor and if he is nota professor, a professor from any other UniveBity, nominated by the Chancellor; (d) The Registrar-who shall be the member secretary; (e) One member of the Academic Senate, nominated by the sponsoring body; (3) The Board ofAppointrnent for non-teaching stiaff and Ministerial Staff shall consist of- (a) The Vice-Chancellor - Ex-Officio Chairman; (b) Two expert nominated by the Chanc€llor; (c) The Registrar- who shall be the Member Secretary (d) One member of the Board of Management, nominated by the sponsoring body; (4) Every post, including posts to be filled by selection shall be duly published on the University officialwebsite with minimum qualificatbn and other requirement, if any, like the emoluments and the number ofvacant posts to be filled forwhich purpose minimum fifteen days' time shall be allowed within which the applicant may apply. (5) The quorum fora meeting ofthe Board ofAppointment shallbe three. ln the case of selections to the post of teaching statf at least one shall be the subiect expert. (6) The Board ofAppointrnent shallsubjectto the provj:sions of Statutes made in this behalf interview, adjudge the merit of each candidate in accordance with qualifications advertised and prepare a list of person selected, arranged in the order of merit. lt shall forward the list to Board of Management in accordance with the same. ln the case of difference between the Board of Appointment and the Board of Management; the matter shall be referred to the Chancellor whose decision shall be linal. 354 (7) Appcintment to the post by promotion, deputation or transfer or on contract as may be prescribed in the statutes in respect ot any category of post shall be made after consulting the Board of -Appointment. (8) Notrrrithslanding anything contained in the preceding sub-section, the Board of Management shall be competent to invite the recommendation of the Vlce-Chancellor, a person of high academic distinction and professional attainments to accept the post of Visiting Professor in the University on such terms and conditions as may be mutually agreed upon. (9) The tenure of office of the members of the Board of Appointment other than ex-officio member shallbe three years ortill reconstitution, whichever is earlier (10) Notwithstanding anything contained in thisAct, the Chancellor shall reconstitute the Board ofAppointment once in three year. (11) The statutes may speciry the other porrers and functions of the Board ofAppointment. 32. Other Authorities : The mnstitution, powers and functions of the other authorities of the University shall be such as may be specified by the Statutes. 33. Restriction of holding the memberEhip of the Authorities : ('1) Any member nominated to any ot the authorities under thisAct shall hold officeduring the deasure of the nominating authority concerned. (2) Any member nominated to any of the authorities underthisAct shall be eligible for being nominated authority concerned. (3) Any member nominated to any authorities shall be liable b be removed ' Jrom such membership at any time by the Chancelloron the ground of misbehaviout misconduct or other\^rise afier holding an enquiry: Provided that any member of any authonty shall cease to hold the membership on aftainment of superannuation. (4) A person shall be disqualified fo: being a member of any of the authorities or bodies of the university, if he/she: (a) is of unsound mind and stands so declared by a competent court, 355 (b) is an un{ischarged insolvent; (c) has been convicted of any offence invotving moralturpitude; (d) is conducting or engaging himselt in private coaching classes; or (e) has been punished for indulging in or promoting unfair practice in the conduct of any examination, in any fonn, anywhere. (5) Nohwithstanding anything contained in this Act but save as otherwise provided, any employee of the University, both teaching and non- teaching or ministerial shall not be eligible for nomination as a member of any authorities under this Act. 34. Action not invalidated merely on the ground of defect in ths constitution, vacancy etc. : (1) Notwithstanding anything contained in this Act or rule made thereunder or proceedings of theAuthority of the University shall be invalid merely by reason of the existence of any vacancy or defect in the constitrjtion or re- constifution of the Authonty and notwithstanding - that there is a vacancy in the membership of such authorlty or body shall be invalidated for any such ground or grounds. (2) No resolution of any authorityofthe university shallbe deemed to be invalidated on account of any iregularity in the service of notice upon any member p!'ovided that the proceedings oJ such authority or body were not prejudicially affected by such inegulerity. 35. Provisions pedaining to Agenda Mattcr: (1) NoAgenda Matter shall be either included in theAgenda for or hken up for discussion and decided in the meeting of the Board of Governors orthe Beard of Management or any Committees without oi,talll:'13 t!:: prior written approval of the Chancellor. (2) ln the event of breach, the Chancellor shall be enii &j al Srl lime to immediately take remedial action by reversing all decisions taken by any iunctionary or functionaries or body or bodies of the University in breach ot.the provisions of the Act and consequent upon the pursuit of such a remedial action all such actions taken by the runctionary or functionaries or body or bodies of the University in breach of the provisions of the Act shall be deemed to be null and void, ab-nitio and consequently the status quo ante shall prevail in respect of the matter or decision in breach. 356 CHAPTER. V STATUTES AND REGULATIONS 36 Statutes, how to be made : (1) Subject to the provisions of this Act, the Statutes may provide for all or any of the following mafters, namely:- (a) holding of convocation to confer degrees, diplomas, pre university certificate and other academic distinctions; (b) confening of honorary degrees and other distinctions; (c) constitution, powers and functions of the authorities of the University: (d) mannerof filling vacancies among members of the authorities of the University, (e) allowances to be paid to the members of the authorities of the University and committees thereto; r (0 procedures at the meetings of the authorities of the University including the quorum for the transactions of business at such meetings; (g) authentication ofthe orders ofdecisions ofthe authorities ofthe universig, (h) forriation of Faculty at the University; .. .,!;i. (i) term bf office and methods of appointment and conditions of service ofthe officers ofthe U n iversity other th an the Chancellor and the Pro-Chancellor; 0) qualifications ofthe teachers and other persons employed by the University and community colleges or institutions. i (k) classificatlon lh - a . r .. c ,- * , ' w ^ u - u - , ' a^pporfltment and determination of lhe terms and conditions of service of the teachers and other persons employed by the University; (l) institution of gratuity, insurance orprovident fund for the beneflt 0{ thg off\cels, teachers and other Persons emPloved bv the UniversitY; (tm"''| institution of fellowships, traveling fellowships' scholarships' iiri"^i.nii". ,"oJi lni prizes ind the conditions or award thereof; 357 (n) mndrtions for granting recognition to institutions of higher leaming and research or organizations or lndustry as a Centre of Excellence or Research Centrei (o) manner in which and the conditions subject to which an organization may be designated as a Community College and the conditions subject to which such designation may be cancelled and matters incidental to the administration of Community College including the constitution or reconstitution powers and duties of Board of $udies and Boards of Examiners; (p) norms br granting approval to any organizatron as a Learning Resource Provider or Skill Kngl rledge Provider or Service Prwiler or Regional Centre. (q) establishment and maintenance of halls and hostels; (r) conditions for regulation of hostels other than those maintained by the University; (s) conditions for residence ofstudents of the University in the halls and the hostels and the levy of fees and other charges for such residencei (t) conditions of registration of graduates and the maintenance of register thereofi (u) delegation of powers vested in the authorities or otficers of the University; and (v) Any other matter which is required to be or may be prescribed by the Statutes. (2) The Board of Management may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in suFsection (1) in the manner hereinafter provided: (a) The Statutes framed by the Board of Management shall be submitted to the Board of Governors for its approval. (b) The Board of Governors shall consider the Statutes, submitted by the Board of Management and shall give its approval thereon with such modifications, if any, as it may deem necessary 358 (c) The Board of Governors, if it thinks necessary, may also obtain the opinion of any officer authority or body of the University in regard to draft of the Statutes before taking it up for consideration. (d) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the assent ofthe Chancellor who may assent thereto orwithhold assentor remitto the Board of Govemors fore-consideratron. (e) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Chancellor The Statutes shallhave effect from such date as the Chancellor may direct. (3) The University shall submit a copy of the Statutes to the State Govemment from time to time and the State Government shallpublish Statutes in the Official Gazette. 37. Power to make regulations : ('l ) Subject to the provisions ofthisAct. the Regulation may provide for all or any of the following matters. namely: (a) Admission of students to the University, Community Colleges, Constrtuent College and their enrolment and continuance as such: (b) The courses of study to be laid dorryn for all degrees, diploma, pre university certificate and other academic distinctions of the University: (c) The norms and conditions for registration of external students in the university for various courses; (d) The award of degrees, diploma, pre university certificate and other academic distinctions, (e) The conditions of the award of fellowships, scholarships, studentships, medals and prizes; (D The conduct of examination5 and the conditions and mode of appointment and dut'es of examining bodies, examiners, invigilators, tabulators and moderators; 359 (g) The fee to be charged foradmission to the examinations, degree and other academic distinctions of the University, (h) The conditions of residence of the students atthe University or a constituent college or a community college; (i) Maintenance of discipline among the students of the University or a constituent college or a community college; (j) All other matters may be provided in the statutes and Regulations under the Act. (2) TheAcademic Senate may, fum time to lime, make ne\ry oradditional Regulations or may amend or repeal the Regulations in the manner hereinafter provided: (a) The Regulations framed by the Academic Senate shall be submifted to the Board of Management for its approval. (b) The Board of Management shall consider the Regulations, submitted by the Academic Senate and shall give its approval thereon with such modifications, if any, as it may deem necessary (c) The Board of Management, if itthinks necessary, may also obbin the opinion of any officer, authority or body of the University in regard to draft of the Regulations before taking it up for consideration. (d) Every new Regulations or addition to the Regulations or any amendment or repeal ot Regulations shall require the assent of the Chancellor who may assent thereto or withhold assent or remit to the Board of.Management for rHonsiderataon. (e) NewRegulations ora Regulaton amending orrepealing an existing Regulation shall have no validity unless it has been assented to by the Chancellor. The Regulations shall have effect from such date as the Chancellor may direct. (3) The University shall submit a copy of the Reguhtions to the State Govemment frorn time to time and the $ate Govemment shall publish Regulatons in the Official Gazette. 360 CHAPTER . VI MISCELLANEOUS 38. Convocation The Convocation of the University shall be held in every academic year in the manner as may be prescribed by the Statutes for conferring Degrees, Diplomas or for any other academic distinctions. 39. Validity of the Academic Award : (1) Degrees, Diplomas, Pre University Certificates or other academic distinctions ar,varded by the University stand automatically recngnized for the purpose of employment for post and service under the State Government, provided it has been awarded as perthe Statutes and Regulations of the University. (2) Degrees, Diplomas, Pre University Certificates or other academic distinctions awarded by the University shall be recognized for the ' purpose offurther education in other Universities and higher learning lnstitutes, provided it has been awarded as per the Statutes and Regulations of the University. 40. Method of recruitment and Conditions of Services of Employees : (1) Every employee shallbe appointed undera written contract, subject to provisions of this Aot, the method of recruitment, appointment, and procedure for selection and other conditions of service of the employee of the University shall be such as may be prescribed by Statutes. (2) The Contract of employment, which shall be kept in the University and a crpy of the same, shallbe fumished to the employee concemed. (3) The University is empowered io take disciplinary action against the employees as per procedure prescribed in the Statutes. (4) 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. 361 (5) The decision of theTribunal in such matter shall be final. (6) The procedure for regulating the work of the Tribunal shall be such as may be specified in the statutes . 41 Procedure of disciplinary action against Students : The University shall take disciplinary action against any student as per the Statutes, Rules and Regulations. 42. Right to Appeal : Every employee or student of the University or of a constituent cotlege or a community college shall, notwithstanding anything contarned in this Act, have the right to appeal as specified by the statutes, aga.inst the decision of any Ofticer orAuthority of the University orof the Principal of any such mllege, as the case may be, and thereupon the Board of Management may confirm, modify or ctange the dEcision appealed against. 43. Provident Fund and Penslon : The Universrtyshall constitute forthe benefit of its employees such piovident or pension fund and provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be specified in the statutes. 44, Disputes as to Constitution of University Authorities and Bodi6 : lfany question arises as tp whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or other body ofthe University, the matter shall be refened to the Chancellorwhose decision thereon shall be final. 45. Gonsut tion of Gommitt 6: Any authority ot the University mentioned in this Act, shall be empowered to constilute committee of such authority, consisting of such members of such authority and having such powers as the authority may deem fit. 46. vacating of Office : (1) Any member other than the Ex-officio member of any authority or bodyof the University may resign his office. The letter of resignation written in hand by the member shall be sentto the Mce-Chancellor. Such resignation shall take effect immediately on its acceptance and communicatlon to the concerned. 362 (2) No member of the authority or body of the Universitywho is nominated in his capacity as a member of a pa(icular body or as a teacher or where expressly stated so, as the holder of a particular appointment shall continue to be a member of the authority or body of the University after he cease to be a member of a particular body or teacher or the holder of that particular appointment : Provided that such of the teacher who are continued on aftaining superannuation till the end of the academic year on re- appointment bases, sfia// cease lo be member of such authoity or body on attainment of superannuation. 47. Filling of Casual Vacancies : (1) Any casual vacency among the members, other than ex-officio members, of anyAuthority or body of the University shall be filled in the same manner in which the memberwhose 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 pe6on in whose place he/she fills would have been a member (2) ln the event ofdeath, suspension or temporary absence or pending appojntment of the RegisFar or he Chief Finance Officer or the Drector or any such officer ofthe urliversity, the Chancellor may under his discretion authorize any otficerto perfdrm the duties of such vacant ' posttill appointment is made. rl8. Protection of Action taken in good faith : No suit, prosecution or other legal proceedings shall lie against the chancellor, the authorities orthe officers ofthe University or any employee of the University in respect of anything which ts done in good faith or purported to have done in pursuance of thisAct or the statutes orany regulations made there under 49. TransitionalProvisions: Notwjthstanding anything contained in any other provisions of this Act and the statutes made thereunder: (1) The nrst Registrar, first Vice-Chancellor, first Directol first Dean and first Chief Finance Office4 if any shall be appointed by the Chancetlor; 363 (2) lt shall be duty of the Sponsoring body to make direction and arrangement for constituting the Board of Governors, Board of Management, Finance Committee, Academic Senate, Board of Appointment and other authorities of the University, by notification. (3) The Registrar may, with the approval of the Chancellor and subject to availability of funds, discharge all or any of the functions of the University for the purpose of carrying out the provisions of the Act and the Slatutes and for that purpose may exercise porvers or perform any dutles which by this Act or Statutes are to be exercised or performed by any authority of the Universlty untilsuch authority comes into existence in the manner provided by this Act and the Statutes. (4) The first Registrar shall, in consultation with the Chancellor, make such $atutes as may be necessary for the functioning of the University and submit it to the competent authority for approval. (5) Notwithstanding anything contained in this Act and until such time an authority is duly constituted under the Act, the Chancellor may appoint any officer or constitute any committee lemporary to exercise and perform any of the powers and duties of such authority under this Act. 50. Endowment Fund: (1) The sponsoring body shall establish an Endowment Fund for the overall development of the Universitywith an amount of three crores rupees which shall be pledged to the Government. (2) The endowment fund shall be kept as security deposit to ensure strict compliance of the provisions of this Act, rule, regulations, Statutes, ordinances or regulations made there under. (3) The Government shall have the power to forfeit, in the prescribed manner, a partorwhole ofthe Endovvment Fund in case the University orthe sponsoring body contravenes any ofthe provisions bf thisAct, rules, regulations, Statutes, ordinances or regulations made there under. (4) lncomes received from the Endowment Fund shall be used for the purpose of development of infrastructure of the University butshall not meet out the recurring expenditure ofthe university. 364 (5) The amount of endowment fund shall be kept invested, until the dissolution of the university, by way of fixed deposit accounts rn any schedule bank sublect to the condition that this fund shali not be withdrawn without prior permission of the State Government. 51. General Fund : (1) The University shall establish a General Fund to which the following amount shall be credited. namely: (a) All fees which may be charged by the University, (b) All sums received from any other source; (c) All contributions made by the Sponsoring Body: and (d) All contributions / donations made on 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 all the recurring and non-recurring expenditures of the University. 52. Development Fund : (1) The University shall also establish a development fund to which the following amount 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 contributaons/donations made on this behalf by any other person or body which are not prohibited by any law for the time being in force; and (d) All incomes received from the Endowment Fund. (2) The funds credited to the development fund from time to time shall be utilized for the development of the University. 53. Maintenance of Funds : The funds established under this Act shall, subject to general supervision and controlofthe Board ofGovemors, be regulated and maintained in such manner as may be prescribed 365 54. Annual Report: (1) The Annual Report of the University shall be prepared under the directlon of the Board of Management and shall be submitted to the Board ofGovernors for its approval. (2) The Board of Govemors shall consider the Annual Report in its meeting and may approve the same with orwithout modiflcation. (3) Copies of the Annual Report along with resolution of the Board of Governors shall be submitted to the.SEte Governmertt. The State . Government shall present the same before the State Legislature at their nex earliest session. 55. Accounts and Audit: (1) The AnnualAcbounts 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 all sources and all amount disbursed or paid shall be entered in the accounts maintained by the University. (2) Chartered Accountant, who is member of the lnstitute oi.Chartered, Accountants of lndia, to be appointed by the Board of Governors on mutually agreeable terms, shall audit the Annual Accounts of the Universlty. (3) Acopy oftheAnnualAccounts and the Balance Sheet togetherwith theAudited Report shall be submitted to the Board of Governors on or before November 30th following close of the financialyearin March 3 lst of each year. (4) The AnnualAccounE, the Balance Sheet and theAudit Report shall be considered by the Board of Governors at its meeting and the Board of Govemors shall foruard the same to the State Govemment along with its observations thereon before December 31st of each yeat (5) The Sate Govemment in the Official Gazette shall publish the audited accounts of the Universitytogetherwith the auditor's report and copies thereof shall be placed before the Legislature of the State at their next earliest session. 366 56. Appointment of University Review Committee : (1) The Chancellor shall at least once in every five years, constitute a committee to reviewthe working pattem of the university and to make recommendation. (2) The committee shall consist of not less lhan three eminent educationists, one ofwhom shall be the chairperson of the com n'tittee . appointed by the Chancellor. Commissioner (Education) shall be nominated as one of the members. (3) The terms and conditions of the appointment of the members shall be such as the Chancellor may determine. (4) The committee shall, after holding such enquiry as itdeems fit, make its recommendations to the chancellorand a copy of remmmendation will also be forwarded to the Government. (5) The chancellor may take such action on the recommendations as he deems fit. 57. Honorary Degiee : TheAcademic Senate shall recommend that an honorary degree of academic distinction be conferred to any person on the ground that if he is in their opinion by reason of eminent attainment and position, fit and proper to receive such degree or academic distinction, the Board of Governors may, by a resolution, decide that the same may be conferred to the person recommended. 58. Mode of Proofof University Record:
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The Apex Professional University Act, 2012 — segment 3
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The Apex Professional University Act, 2012 — segment 3
This part lets the State Government investigate a university, direct corrective action, and in some cases move toward winding up or abolishing it; it also gives the University and sponsoring body notice, hearing, and continuation duties.
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 kansaction therein recorded where the original thereofwould, if produced, have been admissible in evidence. 307 59. Dissolution of the Univeraity : (1) When the State Government receives a complaint in writing from University Grant Commission (UGC) New Delhi or any regulatory body regarding the University is not functioning in accordance with the provisions of this Act, the State Government shall iequire the University to show cause notice within such time, which shall not be less than three months referring a copy oi the complaint as to why the specified University course should not be derecognized. (2) li upon receipt ofthe reply ofthe University to the notice given under sub-section (1)the State Government is satisfied that a pdma-facie case of violation of the provisions ofthisAct, Statutes and Regulations in the functioning of the University is made out, it shall order to constitute committee not less than three persons to enquire the matter complained, (3) For the purpose of an inquiry under sub-section (2), the State Government shall by notification, appoint enquiry committee and also name the head of the committee and also designate other members of the committee with specific directions to enquire only the matter complained within specified time. (4) Every inquiring committee appointed under sub-section (3) shallwhile performing ils functions under this Act shall have all the powers of Civil Court with regard to summoning the witnesses and record of the university and issuing directions with regard to production of documents and record and recording statements of the witnesses underthe code of Civil Procedure, 1908. (5) lf upon recelpt of the inquiry report, the State Government is satisJied that the University has violated any provision of this Act, Statutes and Ordinances made thereunder, the state governrnent may issue necessary directions as per inquiry report to make necessary changes and issue suggestions for proper implementation of the provision ofthisAct, Statutes and Ordinances made thereunder. (6) lf the State Government again receive complaint in writing from University Grant Commission (UGC) or same regulatory body on the matter already inquiredwithin yearthat the University has not followed the directions of Sbte Governmentwith regard to the compliance of provisions of this Act, the State Government will have right to take decision icrwinding up of the University with priorapprovalof Universrty Grant Commission (UGC), New Delhi 368 (7) For winding up of the University the matter will be presented in the State Legislature and after discussion on the issue, if it is passed by 2/3rd majority of the house that the university be abolished then the State Government by notification in the Official Gazette can abolish the University. (8) The Slate Govemment may utilize the funds during the period of the decision to wind up and till the existing students completes their course, 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 4said expenses. (9) lf the Sponsoring Body proposes to dissolve the University, the Sponsoring Body will have to inform the State Government giving reasons regarding its inability to run the University , it shall give at least six months prior notice in writing to the State Government and it will ensure that no new admissions to the University will be accepted during the notice period. (10) the Expenditure for the administration of the University during the period of the decision towind up and tillexisting students completes ' their course will be met out by utilizing the fuhds. lf the funds of the University are not sufficient to meet the requisite expenditure, the sponsoring body may dispose of the assets or the properties of the University to meet the said expenses. (11) The Sponsoring Bodywillrun the University till the existing students complete their courses in such manner as may be prescribed bythe statues and regulations. (12) All assets, propertles of the University will belong the State Govemmentin case ofdissolution ofthe University underany clause mentioned in the Act. 60. Removal of Difficulties : lf any difficulty arises with respect to the establishment of the university or giving effect to the provisions of the statutes, the Chancellor may, by order, make such provisions, not inconsistent with the provisions of the statutes, as appeared to itto be necessary or expedient, for.removing the difficulty and every such ordershall have the effect as if appointrnent or action had been made or taken in the manner provided in thisAct ; 369 Provided that before making any such order, the chancellor shall asceftain and consider theppinion of the Registrar of the university or such appropiate authority as may deem fl and proper 61. Sponsor Scheme : (1) Whenever the University will receive funds from agencies for sponsoring a scheme to be executed by the University, notwithstanding anything in this Act and Regulations. (2) The amount received shallbe kept by the University separatelyfrom the university Fund and utilized ohly forthe purpose ofthe scheme; ' and (3) The statf required to execute lhe scheme shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organization. 62. Power of the State Government : The State Govemment shallhave such pdwers as may be confened by this Act or the Shtutes made thereunder, it shall include follorving powers, namely : ('1) Notwithstanding anything contarned rn thrs Act, it shall be the duty of the UnMersity or any authority or officers of the Universityto fumish such information or records relatrng to the administration orfnance and other affairs of the University as the $ate Government may call fo( (2) The State Government shall, in every matter referred to in sub section (1), give notice of intention to cause an inspection or inquiry to be made, to the University, and the University shall have the right to make representations to the State Government, as jt may consider necessary (3) Where any inspection or in{uiry has been caused to be made by the State Government, the University shall be entitled to appoint a represenlative, who shall have the right to be present and be heard at such inspection or inquiry. (4) The State Government, if it is of the view that there is a violation of the provisions of this Act or the Statutes or the regulations made thereunder, may issue such directions to the University, as it may deem necessary. 370 (5) The Board of Governors shall communacate through the Vice- Chancellorto the State Govemmentsuch action, if any, as itproposes to take or has been taken upon the result of such inspection and inquiry. (6) The Shte Governmentmay, by order; directthatthe University shall reserve such percentage of seats therein forthe students belonging to the scheduled tribes and other backward classes as may be specilied in such orderand where such direction has been given the University shall make the reservation accordingly. Provided that, if adequate numbers of candidales are not available for admissrbn, t/,e seafs so reseNed shall be filled with the students from the general pool. 63. Savlngs: Notwithstanding anything contained in this Act, all rules, orders, notifcations, scheme, bye-laws, regulatioh, circular, otrrce rnemdltlnda issued by the S&ate Govemment in pursuance of theArunachal Pradesh and other lnstitutions of Higher Education (Establishment and Regulations) Act, 2010 (No. 6 of 2010) and the Arunachal Pradesh State Council for Technical Education Act 2010 (No. 9 of 2010) shall mutatis mutandis apply to the University untilthe same superseded by the State Government.
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The Apex Professional University Act, 2012
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