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State of Arunachal Pradesh - Act

Indira Gandhi Technological and The Medical Sciences University Act, 2012

ARUNACHAL PRADESH
India

Indira Gandhi Technological and The Medical Sciences University Act, 2012

Act 6 of 2012

Published on 26 May 2012
Commenced on 26 May 2012
[This is the version of this document from 26 May 2012.]
[Note: The original publication document is not available and this content could not be verified.]

Indira Gandhi Technological and The Medical Sciences University Act, 2012(Act No. 6 of 2012)Last Updated 18th February, 2020(Received the assent of the Governor on 26th May, 2012 and Published in the Arunachal Pradesh E.O. Gazette No. 99,Vol-XIX, dated 30th May, 2012)An Act to establish and incorporate the Indira Gandhi Technological and Medical Sciences University at Ziro, Arunachal Pradesh.Whereas, the Government of Arunachal Pradesh, being desirous of creating a private University for providing vocational, professional including technological and medical education facilities ;And Whereas, the World Institution Building Programme an international charity registered at New Delhi has necessary experience of guiding the Universities and educational institutions for strengthening the financial health of those Universities and institutions by generating funds from publications, institutional consultancy, transfer of appropriate technology of institution development etc. ;And Whereas the World institution Building Programme has requested the State Government to establish University under the name of Indira Gandhi Technological and Medical Sciences University" with academic, Technical and funding support from the World Institution Building Programme (WIBP) ;And Whereas, it is considered necessary to encourage the technical and medical education by establishing Indira Gandhi Technological and Medical Sciences University at Ziro in the State of Arunachal Pradesh;Be it enacted by the Arunachal Pradesh State Legislature in the Sixty- third Year of the Republic of India as follows :

1. Short title and commencement.

(1)This Act may be called the Indira Gandhi Technological and Medical Sciences University Act, 2012.

(2)It shall come into force on such date as the State Government, may by notification in the Official Gazette, appoint.

2. Definitions.

- In this Act, unless the context otherwise requires

(a)'Board of Studies' means the Board of Studies established for the subject under this Act;

(b)'Chancellor' means the Chancellor of the University

(c)'Director' means the Director of the Institute ;

(d)'Fund' means the fund of the University;

(e)'Governing Council' means the Governing Council of the University constituted under this Act.

(f)'Government' means the Government of Arunachal Pradesh.

(g)Institute' means the Institutions established by the University or recognized/collaborated with the University.

(h)'Member' means the member of the University.

(i)'Notification' means Notification published in the Official Gazette

(j)'Prescribed' means prescribed by rules made under this Act.

(k)'Pro-Chancellor' means the Pro-Chancellor of the University.

(l)'Registrar' means the Registrar of the University;

(m)'Regulations' means the regulation made by the University under this Act.

(n)'Schedule' means the Schedule appended to this Act.

(o)'Trust' means the WIBP Trust registered under Indian Trusts Act, 1882.

(p)'University' means the Indira Gandhi Technological and Medical Sciences University, Ziro established under section 3.

(q)'Vice-Chancellor' means the Vice-Chancellor of the University.

3. Establishment and Incorporation of the University.

(1)With effect from such date as the State Government may, by notification appoint, there shall be established, in the State of Arunachal Pradesh, by the name of Indira Gandhi Technological and Medical Sciences University, which shall consist of a Chancellor, Pro-Chancellor, the Vice-Chancellor, the Governing Council, the Academic Senate and the Registrar

(2)The University shall be body corporate by the name aforesaid, having perpetual succession and common seal with power, subject to the provisions of this Act, to acquire and to hold property, to contract and shall, by the said name, sue and be sued.

(3)The Headquarter of the University shall be at Ziro in the State of Arunachal Pradesh with a provision for having branch campuses in different districts of Arunachal Pradesh.

(4)The University will have centers of excellence in and outside the country for promoting technical and vocational education through formal, non-formal, face to face, regular, part-time, distance, open, online and visual education modes.

(5)

(i)Notwithstanding anything contained in the aforesaid provisions, it shall be the duty of the University or any authority or officers of the University to furnish such information or records relation to the administrative or finance and other affairs of the university as the State Government may call for.

(ii)The State Government, if it is of the view that there is a violation of the provisions of the Act or the statutes or ordinance made thereunder any issue such directions to the university as it may deem necessary.

(iii)The State Government may issue such directions from time to time to the university on policy matters not in consistent with the provisions of this Act, as it may deem necessary. Such directions shall be complied with by the university.

4. The Objects of the University.

- The objectives for which the University is established are as follows:

(a)to design and run courses at short term certificate, Diploma, Bachelor's, Master's and Doctoral level in the University, institutes, colleges, campuses and study centers established by the University in and outside the country.

(b)to conduct courses and programmes on a priority basis under the following faculties,

Faculties of Engineering and Technology for conducting Bachelor's (B.Tech), Master's (M. Tech) and Doctoral (Ph.D/D.Sc.) level programs in different branches of Engineering.Faculty of Medical Sciences for conducting bachelor's (MBBSJ, Master's (M.D/M.S) and Doctoral (Ph. D/D.Sc.) level programmes in modern medical Sciences besides degree and diploma level programmes in Ayurveda, Yoga, Unani, Siddha, Homeopathy and other indigenous/alternative/ complimentary/ Polypathic systems of treatment and para-medical sciences including medical laboratory technology, radiology and imaging technology, physiotherapy, occupational therapy, optometry, health care and hospital administration.Faculty of applied Sciences for conducting bachelor's Master's and Doctoral level programmes in the area of Agriculture, Horticulture, Forestry, Ecology, Environment, Disaster management, sustainable development, Bio-informatics, Geo-informatics, Biotechnology, Nanotechnology etc.Faculty of Social Sciences for conducting Bachelor's, Master's and Doctoral level programmes in the areas of History, Geography. Political Science, English, Hindi, Public administration, Education Journalism and Mass Communication, Economics, Computer Science, Business Administration, Hotel Management, Sociology, Social Work, Governance, Tribal Development, Rural Development, Library, and Information Science, Counseling, Applied Psychology etc.Faculty of Laws and Judicial Sciences for conducting Bachelor's (B.A.LLB/B.Sc.LL.B/BBA LL.B.), Master's (MBA, LL.M.) and Doctoral (Ph.D./LL.D.) level programmes in different areas of laws including Human Rights, Intellectual Property Rights, Anti-terror Laws, besides Diplomas and Degree programmes in para-level services.

(c)to transfer the appropriate technologies of institution developed by the Universities and Institutions in India as well as other countries.

(d)to implement a massive publications programmes for motivating the teaching community and for benefiting the students.

(e)to conduct its programmes under distance, open, online and non- formal education and training mode also besides the traditional teaching mode.

5. Powers and functions of the University.

- The powers and functions of the University shall be: -

(a)to assist in administering and managing the faculties. Departments, Schools, Centers, Institutes and such other outfits and bodies for research, education and instructions as are necessary for the furtherance of the objects of the University;

(b)to provide for instruction, teaching and training in such branches of knowledge or learning pertaining to above mentioned subjects as the University may think fit and to make provisions for research, advancement and dissemination of knowledge;

(c)to hold examinations and to grant and confer degrees, diplomas or certificates and other academic distinctions on persons who have passed a course of study in the University and/ or its organs for carrying on their training research, subject to such conditions as the University, may determine and to withdraw any such diplomas, certificates, degree of other academic distinctions on good and sufficient cause;

(d)to create a centre of excellence for providing health, medical care, education and research facilities of high order in the field of medical sciences and technological institutions, including continuing medical education and hospital administration, dental, nursing and other faculties as may be deemed expedient by the Governing Council;

(e)to develop patterns of teaching in under-graduate, post-graduate and super specialties so as to meet a very high standard of medical education;

(f)to provide for teaching and training in para-medical and allied health sciences;

(g)to provide for training in technological sciences

(h)to function as a specialized technological institutions;

(i)to provide for under-graduate, post-graduate and post-doctoral teaching and conduct of research in the relevant discipline of modern medicine and other allied sciences, including inter-disciplinary fields of physical, biological sciences and technological sciences;

(j)to fix, demand and request fees and other charges;

(k)to institute and maintain halls and hostels and to recognize places of residence for the students of the University and to withdraw such recognition accorded to any such places of residence;

(l)to establish such special centre, or other units for research and instruction as are, in the opinion of the University, necessary for the furtherance of its objects;

(m)to supervise and control the residence and to regulate the discipline of the students of the University and to make arrangements for promoting their health;

(n)to create academic, technical, administrative, ministerial and other posts and to make appointments thereto,

(o)to regulate and enforce discipline amongst the employees of the University and to take such disciplinary measures as may be deemed necessary;

(p)to institute professorship, associated professorship, assistant professorship, readership, lectureship, and any other teaching, academic or research posts required by the University;

(q)to appoint persons as professors, assistant professors, readers, lecturers, or otherwise as teachers and researchers of the University;

(r)to institute and award fellowships, scholarships, prizes and medals;

(s)to provide for printing, reproduction and publication of research and other works and to organize exhibitions;

(t)to co-operate with other organizations in the matter of medical and health education, training and research for such purposes as may be agreed upon on such terms and conditions as the University may, from time to time, determine;

(u)to co-operate with institutions of higher learning in any part of the world having objects wholly or partly similar to those of the University, by exchange of teachers and scholars and generally in such manner as may be conducive for furtherance of the objects of the University;

(w)to establish and maintain within the premises of the University or else where, such class rooms, study halls as the University may consider necessary and adequately furnish the same.

(x)to receive grants, subscriptions, donations and gifts for the purpose of University,

(y)to purchase, take on tease or accept as gift or otherwise any land or building or works which may be necessary or convenient for the purpose of the University and on such terms and conditions as it may think fit and proper and to construct or alter and maintain any such buildings or works;

(z)to execute conveyance, transfers, re-conveyances, mortgages, leases, licenses and agreements in respect of property, movable or immovable, including Government securities belonging to the University or to acquire for the purpose of the University;

(aa)to enter into agreements with the Central Government, State Government, the University Grants Commission or other authorities for receiving grants;

(ab)to accept grants of money, securities or property of any kind on such terms and conditions as may be deemed expedient;

(ac)to raise and borrow money on mortgage, promissory notes or on other obligations or securities based upon on or any of the properties and assets of the University with or without any securities and upon such terms and conditions as it may think fit and to pay out of the funds of the University, all expenditures incidental to the raising of money and to repay and redeem any money borrowed;

(ad)to invest the funds of the University or money entrusted to the University in other such securities and in such manner as it may deem fit and from time to time transpose any investment;

(ae)to make such regulations as may, from time to time, be considered necessary for regulating the affairs and management of the University and to alter, amend and to rescind them,

(af)to delegate all or any of its powers to the Pro-Chancellor, the Vice-Chancellor or any committee or sub-committee or to any one or more members of the Trust; and

(ag)to do all such other acts and things as the University may consider necessary, conducive or instrument to the attainment and enlargement of the aforesaid objects or any one of them,

6. Teaching of the University.

(1)All recognized teaching in connection with the degrees, diplomas and certificates of the University shall be conducted, under the control of the Governing Council, by the teachers of the University, in accordance with syllabus prescribed by the regulations of the University.

(2)The course and curricula and the authorities responsible for organizing such teaching shall be as prescribed by regulations.

(3)

(i)Notwithstanding anything contained in the aforesaid provisions, the University shall ensure that the academic standards of the course offered by the University are in accordance with the guidelines of the University Grants Commission and other statutory bodies as the case may be.

(ii)The appointment, qualification and emoluments and teacher-student ratio shall as per the guidelines of the University Grants Commission and specific councils.

7. The Chancellor.

(1)The President of The World Institute Building Programme (Wibp) Shall Be The of Chancellor The University.

(2)The Chancellor wilt preside over the meetings of the Governing Council, the Executive Committee and the Finance Committee with other powers and functions vested with him by or under the provisions of this Act.

(3)In the absence of the Visitor the Chancellor shall preside over the convocations of the University.

8. The Pro-Chancellor.

(1)The Vice-President of the World Institution Building Programme (WtBP), shall be the Pro-Chancellor of the University

(2)The Pro-Chancellor will perform all such duties in absence of the Chancellor as may be assigned to him by the Chancellor.

(3)The Chancellor may delegate any authority to the Pro-Chancellor for the smooth functioning of the University.

9. The Vice Chancellor.

(1)The Vice-Chancellor shall be whole time officer of the University.

(2)He shall be appointed by the Chancellor in accordance with the procedures prescribed in section 11 of the Act.

(3)No person shall be appointed or hold office as Vice-Chancellor if he has attained the age of 70 years.

(4)The Vice-Chancellor shall, subject to pleasure of the Chancellor and the provisions of sub-section (3), hold office for a period of five years; but he shall be eligible for reappointment;Provided that no Vice-Chancellor shall be removed from the office except by an order passed on the ground of misbehavior, mismanagement, incapacity or otherwise after due enquiry by a person or a committee appointed by the Chancellor.

(5)The emoluments and other service conditions of the Vice-Chancellor shall be such as may be determined by the Chancellor in accordance with the regulations, if any, framed in this behalf and they shall not be varied to his disadvantage after his appointment.

10. Method appointment of Vice-Chancellor.

(1)The Vice-Chancellor of the University shall be of appointed by the Chancellor from out of a panel of not less than three persons recommended by a Committee consisting of three persons of whom, one shall be nominated by the Chancellor; one by the Governing Council and one by the World Institution Building Programme (WIBP)

(2)The Committee shall forward the panel of names of the Chancellor together with a concise statement showing the academic qualifications and other distinctions of each of the persons included in such panel but shall not indicate any order of preference.

(3)Where a vacancy in the office of the Vice-Chancellor occurs and it cannot be conveniently and expeditiously filled up, in accordance with the provisions of sub-sections (1) and (2) or if there is any emergency, the Chancellor may appoint any suitable person to be the Vice-Chancellor and may, from time to time, extend the term of such appointment provided the total term of such appointment, including the term extended, shall not exceed one year.

(4)The emoluments and conditions of service of the Vice-Chancellor shall be such as may be prescribed by the Executive Committee and until so prescribed they shall be as determined by the Chancellor:Provided that they shall not be varied to his disadvantages after appointment.

11. powers and Duties of Vice-Chancellor.

(1)The Vice-Chancellor shall be the Principal Executive and Academic Officer of the University and shall preside over the meetings of the, Academic Senate.

(2)Without prejudice to the generality of the provisions contained in sub-section (1), the Vice-Chancellor shall;

(a)exercise general supervision and control over the affairs of the University;

(b)ensure the observance of the provisions of the Act and regulations of the University;

(c)be responsible for imparting of instructions and maintenance of discipline in the University;

(d)create or abolish posts in cadres other than teaching cadres of the University and in respect of teaching cadre to create posts for a period not exceeding six months;

(e)in case of any emergency which, in his opinion, requires immediate action, the Vice-Chancellor shall take such action as he deems necessary and shall, at the earliest opportunity thereafter, report the action taken to such authority or body as would in the ordinary course have dealt with the matter:

Provided that if the action taken by the Vice Chancellor is not approved by the authority of the concerned body, it may refer the matter to the Pro-Chancellor, whose decision shall be final.Provided further that if toe decision taken by the authority or body on toe report of the Vice-Chancellor under this section affects adversely any person in the service of the University, he may prefer an appeal to the Chancellor within thirty days from the date on which the decision was communicated to him and the decision of toe Chancellor on such appeal shall be final.

(4)the Vice-Chancellor shall exercise such other powers and perform such other duties as may be assigned to him or by under this Act or, as may be delegated to him by the Governing Council or the Chancellor, as the case may be.

12. Registrar.

(1)The Registrar shall be a whole time officer of the University appointed by the Vice-Chancellor with the approval of the Executive Committee from out of a panel of not less than three persons recommended by the Search Committee appointed by the Chancellor

(2)The emoluments and terms and conditions of the service of the Registrar shall be such as may be prescribed by the regulations.

(3)The Registrar shall be the ex-officio Secretary of the Executive Committee, the Academic Senate, the Finance Committee and the Faculties, but shall not be deemed to be a member of any of these authorities.

(4)The Registrar shall: -

(a)comply with all directions and orders of the Executive Committee and the Chancellor:

(b)be the custodian of the records, common seal and such other property of the University as the Executive Committee shall commit to his charge:

(c)issue all notices covering-meeting of the Executive Committee, the Academic Senate, the Finance Committee, the faculties, the Board of Studies and of any Committee, appointed by the authorities of the University;

(d)keep the minutes of all meetings of the Executive Committee, the Academic Senate, the Finance Committee, the faculties and any Committee appointed by the authorities of the University;

(e)conduct the official correspondence of Executive Committee and the Academic Senate;

(f)supply the Chancellor the copies of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of the meetings of the authorities ordinarily within a month of the holding of the meeting;

(g)call a meeting of the Executive Committee forthwith in an emergency, when neither the Vice-Chancellor nor the Officer duly authorized is able to act and to take its directions for carrying on the work of the University;

(h)be directly responsible to the Vice-Chancellor for the proper discharge of his duties and functions; and

(i)perform such other duties as may be assigned, from time to time, by the Executive Committee or the Vice-Chancellor.

(5)In the event of the post of the Registrar remaining vacant for any reason, it shall be open to the Vice-Chancellor to authorize any officer in the service of the University to exercise such powers, functions, and duties of the Registrar as the Vice-Chancellor deems fit.

13. Authorities of the University.

- The following shall be the authorities of the University: -

(1)The Governing Council.

(2)The Executive Committee.

(3)The Academic Senate.

(4)The Finance Committee.

14. The Officers of the University.

- The following shall be the officers of the University namely :-

(a)The Chancellor.

(b)The Pro-Chancellor

(c)The Vice-Chancellor.

(d)The Registrar.

(e)The Dean of the different Faculties.

(f)The Directors of Institutes.

(g)Such other persons as may be prescribed to be the officers of the University.

15. The Governing Council.

- The Governing Council shall be the supreme authority of the University.

16. The Executive Committee.

(1)The Executive Committee shall be the Chief Executive body of the University.

(2)Subject to the powers and functions of the Chancellor, the administration, management and control of the University and the income thereof shall be vested with the Executive Committee which shall control and administer the property and funds of the University.

17. The Academic Senate Regulations.

- The Academic Senate shall be the academic body of the University and it shall, subject to the provisions of this Act and the regulations made thereunder shall have the power of control and general regulation and be responsible for the maintenance of standards of education, instruction and examination of the University and shall exercise such other powers and functions as may be conferred or imposed upon it by the Act or their regulations. It shall have the right to advise the Executive Committee on all academic matters.

18. Regulations.

(1)Subject to the provisions of this Act, the Executive Committee shall have, in addition to ail other powers vested in it, the power to frame regulations to provide for the administration and management of the affairs of the University;Provided that the Executive Committee shall not make any regulation affecting the status, power or the constitution of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Committee.

(a)The constitution, powers and duties of the Academic Senate and or the Chancellor;

(b)The authorities responsible for organizing the teaching in connection with the courses of the University and related academic programmes.

(c)The withdrawal of degrees, diplomas and certificates and other academic distinctions.

(d)The establishment and abolition of faculties, department halls and institutions.

(e)The institution of fellowship, scholarships, exhibitions, medals and prizes.

(f)Conditions and modes of appointment of examiners or conduct of standard of examination or any other course of study.

(g)Mode of enrollment of admission of students

(2)The Academic Senate shall have the power to propose regulations on all matters specified in clauses (e) to (g) of the above sub-sections and on matters incidental and related thereto in this regard.

(3)Where the Executive Committee has rejected the draft of the regulations proposed by the Academic Senate, the latter may appeal to the Chancellor and the Chancellor may, by order, direct that the proposed regulations may be laid before the next meeting of the Governing Council for its approval and that pending such approval of the Governing Council it shall have effect from such date as may be specified in that order.

(4)All regulations made by the Executive Committee shall be submitted, as soon as may be, for approval to the Chancellor and to the Governing Council passed by the Majority of not less than 2/3 of the members present, to cancel any regulation made by the Executive Committee and such regulation shall, from the date of such resolution, cease to have effect.

19. Appointment of University Review committee.

(1)The Chancellor shall at least once in every five years, constitute a committee to review the working pattern of the University and to make recommendation.

(2)The Committee shall consist of not less than three eminent educationists, one of whom shall be the Chairperson of the Committee appointed by the Chancellor in consultation with the State Government.

(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 it deems fit, make its recommendations to the Chancellor.

(5)The Chancellor may take such actions on the recommendations as he deems fit.

20. Action not invalidated merely on the ground of defect in the constitution, vacancy etc.

(1)Notwithstanding anything contained in this Act or rule made thereunder or proceedings of the Governing Council, Executive Committee, Academic Senate or any other authority or body of the University is not duly constituted or there is a defect in its constitution or re-constitution at any time and notwithstanding that there is a vacancy in the membership of such authority or body, not act or rule or proceedings of such authority or body shall be invalidated for any such ground or grounds.

(2)No resolution of any authority of the University shall be deemed to be invalidated on account of any irregularity in the service of notice upon any member provided that the proceedings of such authority or body were not pre-judicially affected by such irregularity.

21. Removal of difficulty.

- If any difficulties arises with respect to the establishment of the University or in connection with the first meeting of any authority of the University or otherwise in first giving effect to the provisions of the Act or the regulations, the Chancellor may, at any time, before all such authorities of the University have been constituted, by order, make any appointment or do anything consistent, so far as may be, with the provisions of the Act and the regulations, which appear to him necessary or expedient for the purpose of removing the difficulty, and every such order shall have the effect as if such appointment or action had been made or taken in the manner provided in this Act and the regulations:Provided that before making any such order, the Chancellor shall ascertain and consider the opinion of the Registrar of the University or such appropriate authority as he may deem fit and proper.

22. Removal of doubts.

- For the purpose of removal of doubts, it is hereby declared that nothing in this Act shall be construed as transferring from the WIBP to the University such rights of ownership or possession, if any, possessed by the WIBP over or in respect of the Institutes established by it.

23. Transitory Provision.

- Notwithstanding anything contained in this Act and the regulations made thereunder, the Registrar may, with the approval of the Chancellor and subject to the 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 regulations and for that purpose may exercise powers or perform any duties which by this Act or regulations are to be exercised or performed by any authority of the University until such authority comes into existence in the manner provided by this Act and the regulations

24. The Authorities and Officers of the University etc.

- The authorities of the University and the composition, powers, functions and other matters related to them the officers of the University and their appointment, powers, functions and other matters relating to them and all other matters relating to the functions, powers, teaching, administration and management of the affairs of the University shall, subject to the provisions of this Act, be as specified in the Schedule or as may be provided by the regulations.

25. Indemnity.

- No suit, prosecution or other legal proceedings shall lie against the Chancellor, the authorities or the officers of the University or any other person in respect of anything which is in good faith done or purported to have been done in pursuance of this Act or any regulations made there under

26. Power to amend Schedule.

(1)The Governing Council may, with the previous approval of the Chancellor and the State Government, by notification amend either prospectively or retrospectively the Schedule.

(2)A copy of the Notification made under sub-section (1) shall be laid before the legislature as soon as may be, after it is made

27. Power to make Rules and Regulations.

- The Authorities defined in section 14 of the Act may make rules and regulations, as may be deemed expedient, for all or any of the provisions of the Act for carrying out the purposes of the Act.

28. The Act to have Overriding effect.

- The provisions of this Act and any regulations made thereunder shall have effect not withstanding anything inconsistent with any other law for the time being in force in the state of Arunachal Pradesh.

29. Savings.

- Notwithstanding anything contained in this Act, all rules, orders, notifications, scheme, bye-laws, regulation, circular, office memoranda issued by the State Government in pursuance of the Arunachal Pradesh and other Institutions 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 until the same is superseded by the State Government.

Schedule

(See Section 2 (n))

1. Definitions. - In this Schedule, unless the context otherwise requires: -

(a)'Clause' means a clause of the Schedule;

(b)'Teacher' includes Deans, Professors, Associated Professors, Assistant Professors, Readers, Lecturers and any other person imparting instructions in the University.

2. Membership of the Governing Council. - There shall be a Governing Council of the University, which shall consists of the following members, namely: -

(a)The Chancellor

(b)The Pro-Chancellor.

(c)The Vice-Chancellor

(d)The Registrar.

(e)Two nominees of the Government of Arunachal Pradesh.

(f)Two nominee of the World Institution Building Programme.

(g)Two Dean of the Faculties.

(h)Two experts to be nominated by the Chancellor.

3. Chairperson, Vice-Chairperson and Secretary. - (1) The Chancellor shall be Chairperson of the Governing Council.

(2)The Pro-Chancellor shall be the Vice-Chairperson of the Governing Council.

(3)In the absence of the Pro-Chancellor, the Vice Chancellor will act as the Vice-Chairperson of the Governing Council.

(4)The Registrar shall be the Secretary of Governing Council.

4. The term of office of the members of the Governing Council. - (1) The term of office of the Governing Council shall, subject to sub-clauses (2) and (3), be five years :

Provided that the term of office of the first Governing Council will expire on constitution of the regulation Governing Council under the provisions of the Schedule.

(2)Where a member of the Governing Council has become such member by reason of the office or appointment he holds, or is nominated member, his membership shall terminate when he ceases to hold such office appointment or, as the case may be, his nomination is withdrawn or cancelled.

(3)A member of the Governing Council shall cease to be a member, if he resigns or becomes of unsound mind, or becomes insolvent or is convicted of a criminal offence involving moral turpitude or if a member other than the Registrar accepts a full time appointment in the University or if he fails to attend three consecutive meeting of the Governing Council without the leave of the Chairperson.

(4)The member of the Governing Council may resign from his office by a letter addressed to the Chairperson and such resignation shall take effect as soon as the resignation has been accepted by him. .

(5)Any vacancy in the Governing Council shall be filled either by appointment or nomination, as the case may be, of a person by the respective authority entitled to make the same and the persons so appointed or nominated shall hold office so long until the member in whose place he is appointed or nominated could have held the office if the vacancy have not occurred.

5. Powers and Functions of the Governing Council. - (1) The Governing Council shall have all the powers necessary for administration and management of the University or for conducting the affairs of the Academic Senate, the Finance Committee and all other committees and the power to review the regulations made by the Executive Committee and shall exercise the powers of the University not other wise provided in this Act.

(2)Without prejudice to the generality of the powers conferred by sub-clause (1), the Governing Council shall: -

(a)Recommend the broad policies and programmes of the University and suggest measures for the improvement and development of the University;

(b)Consider and pass the resolution on the annual report, the financial estimate and the audit report on such accounts:

(c)Perform such other functions as it may deem necessary in the proper functioning and administration of the University.

(3)Without prejudice to the generality of the powers conferred by sub-clauses (1) and (2), the Governing Council shall perform the following functions, namely

(a)take steps for achieving the objectives of the University;

(b)hold control and administer the property and funds of the University;

(c)acquire and hold any movable or immovable property on behalf of the University;

(d)administer any funds placed at the disposal of the University for specific purposes;

(e)manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the Institute and for that purpose appoint such agent as it may think fit;

(f)Invest the money belonging to the University (including any income from trust and endowed property) in such stocks, funds, shares or securities as it may, from time to time, think fit and appropriate;

(g)enter into, vary, carry out and cancel contracts on behalf of the University;

(h)regulate and determine all other matters concerning the University in accordance with the provisions of the Act and the rules and regulations made thereunder:

(i)delegate any of its powers to a committee or the Vice-Chancellor or to any Officer of the University; and

(j)co-operate with the other Institutions and Universities and other authorities in such manner and for such purpose as it may be determined.

6. Meeting of the Governing Council. - (1) The Governing Council shall meet at least once in a year. Annual meeting of the Governing Council shall be held on a date to be fixed by the Executive Committee, unless some other date has been fixed by the Governing Council in respect of any year.

(2)The Chairperson shall preside over the meetings of the Governing Council and in his absence the Vice-Chairperson shall preside over the meeting and in the absence of both of them, the Registrar shall preside.Provided that the Chancellor may attend the meeting of the Governing Council and if he so attends a meeting, he shall preside over the same.

(3)A report of the working of the University during the previous year, together with a statement of receipt and expenditure, the balance sheet as audited and the financial statement shall be presented by the Registrar to the Governing Council at its annual meeting.

(4)The meeting of the Governing Council shall be called by the Chairperson, or in his absence by the Registrar either in his own or at the request of not less than five members of the Governing Council.

(5)For every meeting of the Governing Council fifteen days notice shall be given.

(6)Two-thirds of the Members of the Governing Council shall form the quorum.

(7)Each member shall have one vote and if there being equality of vote on any question to be determined by the Governing Council, the Chairperson or the person presiding over the meeting, shall, in addition, have a casting vote.

(8)in the case of difference of opinion among the members, the opinion of the majority shall prevail.

(9)If urgent action by the Governing Council becomes necessary, the Chairperson may permit the business to be transacted by the circulation of papers to the members of the Governing Council. The action proposed to be taken shall not be taken unless agreed to by a majority of the members of the Governing Council. The action so taken shall be forth with intimated to all the members of the Governing Council and the papers shall be placed before the next meeting of the Governing Council for confirmation.

7. Meeting of the Executive Committee. - (1) The Executive Committee shall consist of the following members, namely,

(a)The Chancellor(b)The Pro-Chancellor.(c)The Vice-Chancellor.(d)The Registrar.(e)One nominee of the Government of Arunachal Pradesh,(f)The Dean of one of the faculties.(g)The Finance Officer(h)One nominee of the WIBP.(i)One nominee of the Chancellor

(2)The Chancellor shall be the Chairperson of the Executive Committee.

8. The Terms of office of the Executive Committee. - (1) When a person has become a member of the Executive Committee by reason of the office or appointment he holds, his membership shall terminate when he ceases to hold that office on appointment.

(2)A member of the Executive Committee shall cease to be a member if he resigns or becomes of unsound mind or insolvent or if he is convicted of a criminal offence involving moral turpitude or if a member other than the Registrar or a member of a faculty accept a full time appointment in the University or if he fails to attend three consecutive meetings of the Executive Committee without the leave of the Chairperson of the Executive Committee.

(3)Unless the membership of the Executive Committee is previously terminated as provided in the above sub-clause, members of the Executive Committee other than the ex-officio members shall relinquish membership on the expiry of the three years from the date on which he has become member of the Executive Committee but shall be eligible for re-nomination or re-appointment, as the case may be :Provided that the term of the first Executive Committee shall be five years.

(4)The member of the Executive Committee other than the ex-officio members may resign his office by a letter addressed to the Chairperson of the Executive Committee and such resignation shall take effect as soon as it has been accepted by the Chairperson of the Executive Committee.

9. Powers and Functions of the Executive Committee. - The Executive Committee shall have the following powers and functions namely : -

(1)To appoint, from time to time, the Registrar, the Director, the Librarian, the Professor, Readers, Associated Professors, Assistant Professors and other members of teaching staff, as may be necessary;

(2)To appoint, from time to time, such number of other officers, employees and on such terms and conditions as it may deem fit for carrying out the management and affairs of the University;

(3)To create administrative, ministerial and other necessary post, and to determine the emoluments of such positions, to specify minimum, qualifications for appointment to such posts subject to such law, as may be applicable, and for the time being in force, and to appoint persons to such posts on such terms and conditions of services as may be prescribed by the regulations made in this behalf, after delegating the powers of appointment to such authority or authorities or office or officers as the Executive Committee may, from time to time, by resolution, generally or specifically,' direct;

(4)To exercise, control and discipline over the employees of the University;

(5)To accept on behalf of the University, endowment, bequests, donations, grants and transfers of any immovable property;

(6)To receive money, securities, instruments or any other movable properties for and on behalf of the University;

(7)To grant receipts, sign and execute instruments and endorsements, discount cheques other negotiable instruments through its accredited agencies;

(8)To make, sign and account of such documents and instruments as may be necessary or proper for carrying out the management of the property or affairs of the University;

(9)To introduce courses of study at the University and to take decision on the recommendations of the Academic Senate;

(10)To co-operate and co-opt. with other educational and medical institutions and authorities in India and abroad;

(11)To create fellowships and scholarships or other assistance on such terms and conditions, as it may prescribe, to such persons as it may select to carry out research, investigation or study;

(12)To propose regulations for consideration and adopt of the Governing Council;

(13)To grant in accordance with the regulations leave of absence other than casual leave to any officer of the University and to make necessary arrangements for the discharge of the functions of such officer during his absence;

(14)To manage and regulate finances, accounts investments, property, business and all other administrative affairs of the school and for that purpose to appoint such agents, as it may think fit;

(15)To invest any money belonging to the University, Including any un-applied income, in such stock, funds, shares or securities, as it may from time to time, think fit or in the purchase of immovable property in India, with the like power of varying such investments from time to time;

(16)To transfer or accept transfers of any movable or immovable property on behalf of the University;

(17)To enter into, vary, carry out and cancel contracts on behalf of the University and for that purpose to appoint such officers, as it may think fit;

(18)To provide to buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University;

(19)To entertain, adjudicate upon, and if it thinks fit, to redress any grievances of the officers of the University, the teachers, the students and the University employees, who may, for any reason, feel aggrieved, otherwise than by an Act of a Court.

(20)To appoint examiners and moderators, and if necessary to remove them and to fix their fees, emoluments and travelling and other allowances, after consulting with the Academic Senate;

(21)To select a common seal for the University and to provide for the custody of the seal; and

(22)To exercise such other powers and to perform such other duties as may be conferred or imposed on it by or under this Act.

10. Meeting of the Executive Committee. - (1) The Executive Committee shall meet at least once in six months and not less than 15 days notice shall be given for such meeting.

(2)Four members of the Executive Committee shall constitute a quorum for any meeting thereof.

(3)In case of difference of opinion among the members, the opinion of the majority shall prevail.

(4)Each member of the Executive Committee shall have one vote if there shall be equality of votes on any question to be determined by the Executive Committee, the Chairperson of the Executive Committee or the person presiding over the meeting, shall, in addition, have a casting vote.

(5)Every meeting of the Executive Committee shall be presided over by the Chairperson and in his absence by a member chosen by the members present to preside on the occasion.

(6)If urgent action by the Executive Committee becomes necessary, the Chancellor may permit the business to be transacted by circulation of papers of the members of the Executive Committee.

(7)The action proposed to be taken shall not be so taken unless agreed to by the majority of the members of the Executive Committee. The action so taken shall be forthwith intimated to all the members of the Executive Committee and the papers shall be placed before the next meeting of the Executive Committee for confirmation.

11. Constitution of a standing Committee and appointment of Ad hoc Committee by the Executive Committee. - (1) Subject to the provisions of this Act and the regulations made in this behalf, the Executive Committee may, by resolution, constitute such standing committee or appoint Ad hoc Committees for such purposes and with such powers as the Executive Committee may think fit for exercising any power for discharging any function of the university or for inquiring into, reporting or advising upon any matter relating to the Institute.

(2)The Executive Committee may co-opt. such person to the Standing Committee or Ad hoc Committee as it consider suitable and permit them to attend the meeting of the Executive Committee.

12. Delegation of powers by the Executive committee. - Executive Committee may, by resolution, delegate to the Registrar or to a committee such of its power as it may deem fit subject to the condition that the action taken by the Registrar or such committee in the exercise of powers so delegated shall be reported at the next meeting to the Executive Committee.

13. Membership of the Academic Senate. - (1) The Academic Senate shall consist of the following persons, namely

(a)Vice-Chancellor-Chairperson(b)Registrar-Secretary(c)Deans of the Faculties.(d)Four professors from the faculty members nominated by the Vice-Chancellor.(e)Two nominee of the Chancellor.(f)Four external experts nominated by the Chancellor. ,

(2)The term of office of the members other than ex-officio members shall be three years.Provided that the terms of the first Academic Senate shall be five years

14. Powers and duties of the Academic Senate. - Subject to the provisions of this Act and the regulations, the Academic Senate shall, in addition to all other powers vested in it, have the following powers, namely :-

(1)To report any matter referred or delegated it by the Governing Council of the Executive Committee;

(2)To make recommendations to the Executive Committee with regard to the creation, abolition or classification of teaching posts in the University and the emoluments and the duties attached thereto;

(3)To formulate and modify or revise schemes for the organization of the faculties: and to assign to such faculties their respective subjects and also to report to the Executive Committee as to the expediency of the abolition or sub-division of any faculty or the combination of one faculty with another.

(4)To make arrangements through regulations for the instruction and examination of persons other than those enrolled in the University and

(5)To promote research with the University and to require, from time to time, reports on such research;

(6)To consider proposal submitted by the faculties,

(7)To appoint committees for admission to the University.

(8)To recognize diplomas and degree of other Universities and institutions and to determine their equivalence in relations to the diplomas and degrees of the University;

(9)To fix, subject to any conditions accepted by the Governing Council, the time, mode and conditions of competition of fellowship, scholarships and other prizes, and to award the same;

(10)To make recommendations to the Executive Committee in regard to the appointment of examiners and if necessary their removal and the fixation of their fees, emoluments and travelling and other expenses;

(11)To make arrangements for the conduct of examinations and to fix dates for holding them;

(12)To declare the result of the various examinations, or to appoint committees or officers to do so, and to make recommendations regarding the conferment or grant degrees, honours, diplomas, licenses, titles and marks of honour;

(13)To award stipends, scholarships, medals and prizes and to make other awards in accordance with the regulations and such other conditions as may be attached to the awards;

(14)To publish lists of prescribed or recommended text-books and to publish syllabus of the prescribed courses of study;

(15)To prepare such forms and registers as are, from time to time, prescribed by regulations; and

(16)To perform, in relations to academic matters, all such duties and to do all such acts as may be necessary for the proper carrying out of the provisions of this Act and the regulations.

15. Procedure of the Meetings of the Academic Senate. - (1) The Academic Senate shall meet as often as may be necessary, but not less then two times during and academic years.

(2)One half of the total number of members of the Academic Senate shall form quorum for meeting of the Academic Senate.

(3)In case of difference of opinion among the members, the opinion of the majority shall prevail, .

(4)Each member of the Academic Senate, including the Chairperson of the Academic Senate shall have one vote and if there shall be an equality of votes on any question to be determined by the Academic Senate, the Chairperson of the Academic Senate or, as the case may be, the member presiding over the meeting, shall, in addition, have a casting vote,

(5)Every meeting of the Academic Senate shall be presided over by the Chairperson of the Academic Senate and in his absence, by a member chosen by the meeting to preside on the occasion.

(6)If urgent action by the Academic Senate becomes necessary, the Chairperson of the Academic Senate may permit the business to be transacted by circulation of papers to the members of the Academic Senate. The action proposed to be taken shall not be taken unless agreed to by a majority of members of the Academic Senate. The action so taken shall be forthwith intimated to all the members of the Academic Senate. The papers shall be placed before the next meeting of the Academic Senate for confirmation.

16. Finance Commissioner. - (1) There shall be a Finance Committee constituted by the Academic Senate consisting of the following, namely: -

(a)The Chancellor(b)The Pro-Chancellor.(c)The Vice-Chancellor.(d)The Registrar(e)The Finance Officer.(f)A nominee of the State Government of Arunachal Pradesh.(g)Two nominees of the Governing Council.(h)Two nominees of the WIBP

(2)The members of the Finance Committee other than the ex-officio members shall hold office for a term of three years.

(3)The functions and duties of the Finance Committee shall be as follows :-

(a)to examine and scrutinize the annual budget of the University and to make recommendation on financial matters to the Executive Committee.

(b)to consider all proposals for new expenditure and to make recommendations to the Executive Committee.

(c)to examine the annual accounts of the University and advice the Executive Committee thereon

(d)to examine the annual budget estimate and advice the Executive Committee thereon.

(e)to review the financial position of the University from time to time.

(f)to make recommendations to the Executive Committee on all financial matters relating to the University, and

(g)to make recommendations to the Executive Committee on all proposals involving the raising of funds, receipts and expenditure.

(4)The Finance Committee shall meet at least twice in every year. Three members of the Finance Committee shall form the quorum.

(5)The Chancellor shall preside over the meeting of the Finance Committee and in his absence, the Vice-Chancellor shall preside.

(6)In the case of difference of opinion among the members, the opinion of the majority of the members present shall prevail.

17. Director. - (1) The Director of the Institute shall be appointed by Chancellor in accordance with the rules made by it in this behalf.

(2)The Director shall be an academic person possessing such qualifications as may be prescribed by the rules or regulations,

(3)The Director shall be a whole time officer of the Institute and shall exercise powers of management and administration of the Institute.

18. Heads of Departments. - (1) There shall be a head of the department for each of the department in the University.

(2)The powers, functions, appointments and the conditions of service of the heads of the department shall be as prescribed by regulations.

19. Boards of Studies. - (1) There shall be a Board of studies for each faculty in the University.

(2)The constitution and duties of the Boards of studies shall be such as may be prescribed by regulation.

20. Other officers and Employees. - (1) Subject to the regulations made for the purpose, every other officer or employee of the University shall be appointed under a written contract setting out the conditions of service as prescribed by the regulations which shall be lodged with the University and a copy thereof furnished to the officer or employee concerned.

(2)While making employments in the University and the Institutions under it, the University shall safeguard the interests of the local people of the State.

(3)Any dispute arising out of the contract between the University and any of its officers or employees shall, at the request of the officer or the employee concerned, or at the instance of the University be referred to a Tribunal for arbitration consisting of three members appointed by the Executive Committee as prescribed by the regulations.

21. Provident Fund, Gratuity, and Pension and any other benefit Scheme. - All the permanent employees of the University shall be entitled to the benefit of the provident fund and gratuity in accordance with such regulations as may be framed in that behalf by the Executive Committee.

22. Funds of the university and endowment fund. - (1) There shall be a fund for the University which shall include:-

(a)any contribution or grant made by the World institution Building Programme;(b)any bequests, donations, endowments or other grants made by the private individuals or institutions;(c)income received by the University from fees and charges; and(d)amounts received from any other sources.

(2)The amount in the said fund shall be kept in a Scheduled Bank as defined by the Reserve Bank of India Act, 1934 or in the corresponding new Bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 or may be invested in such securities authorized by the Indian Trusts Act, 1882, as may be decided by the Governing Council.

(3)The fund may be operated for such purposes of University and in such manner as may be prescribed by regulations.

(4)

(i)The sponsoring body shall establish an Endowment Fund for the University with an amount of three crores rupees which shall be pledged to the Government.

(ii)The Endowment Fund shall be kept as security deposit to ensure strict compliance of the provisions of this Act, rules, regulations, statutes or ordinances made there under.

(iii)The Government shall have the power to forfeit, in the prescribed manner, a part or whole of the Endowment Fund in case the university or the sponsoring body contravenes any of the provisions of this Act, rules, statutes, ordinances or regulations made there under.

(iv)Income from Endowment Fund shall be utilized for the development of infrastructure of the university but shall not be utilized to meet out the recurring expenditure of the university.

(v)The amount of Endowment Fund shall be kept invested, until the dissolution of the university, by way of Fixed Deposit Accounts in any Scheduled Bank subject to the condition that this Fund shall not be withdrawn without the permission of the Government.

(5)The university shall be self-financed as it shall not be entitled to receive any grant or other financial assistance from the Government.

23. Annual Accounts and Audit. - (1) The Annual Accounts of the University shall be prepared under the directions of the Executive Committee.

(2)The accounts of the University shall, atleast once in a year, be audited by the auditors appointed by the Executive Committee.Provided that the State Government shall have the power to direct, whenever considered necessary, an audit of the account of the University, including the institutions managed by it, by such auditors, as it may specify.

(3)The accounts when audited shall be published by the Executive Committee and a copy of the accounts together with the audit report shall be placed before the Governing Council and also shall be submitted to the State Government.

(4)The Annual Accounts shall be considered by the Governing Council at its annual meeting. The Governing Council may pass resolutions with reference thereto and communicate the same to the Executive Committee. The Executive Committee shall consider the suggestions made by the Governing Council and take such action thereon as it thinks fit. The Executive Committee shall inform the Governing Council at its next meeting all action taken by it or the reasons for not taking action.

24. Financial Estimates. - (1) The Executive Committee shall prepare before such dates as may be prescribed by the regulations, the financial estimates for the ensuring year and place the same before the Governing Council.

(2)The Executive Committee may, in case where the expenditure in excess of the amount provided in the budgets is to be incurred or in cases of urgency, for reasons to be recorded in writing, incur expenditure subject to such restrictions and conditions specified in the regulations Where no provision has been made in the budget in respect of such excess expenditure a report shall be made to the Governing Council at its next meeting.

25. Annual Report. - (1) The Executive Committee shall prepare the annual report containing such particulars as the Governing Council may specify, covering each financial year and submit it to the Governing Council on or before such date as may be prescribed by the regulations. The Governing Council may pass resolutions thereon and the Executive Committee shall take action in accordance therewith. The action taken shall be intimated to the Governing Council.

(2)Copies of the annual report along with the resolution of the Governing Council thereon shall be submitted to the State Government. The State Government shall lay the same before the State Legislature at their next earliest session.

26. Execution of Contracts. - All contracts relating to the Management and administration of the University shall be expressed to have been made by the Executive Committee, and shall be executed by Vice-Chancellor when the value of the contract is above ten lakhs of rupees and by the Registrar, when its value does not exceed ten lakhs of rupees.

27. Eligibility for Admission of Students. - (1) No student shall be eligible for admission to a course of study for a degree or diploma, unless he possesses such qualifications as may be prescribed by the regulations.

(2)The University shall give preference to local people of the State while granting admission to the institutions under it.

28. Residence of Students. - Every students of the University shall reside in a hostel maintained or recognized by the University or under such conditions as may be prescribed by the regulations.

29. Honorary Degrees. - The Academic Senate shall recommend that an honorary degree of academic distinction be conferred on 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 Governing Council may, by a resolution, decide that the same may be conferred on the person recommended.

30. Withdrawal of Degree or Diploma. - (1) The Governing Council may, on the recommendation of the Academic Senate, withdraw any distinction, degree, diploma or privileges conferred or granted to any person by a resolution passed by the majority of the total membership of the Governing Council and by a majority of not less than two-thirds of the members of the Governing Council present and voting at the meeting, if such person has been convicted by a court of law for an offence, which in the Opinion of the Governing Council involves moral turpitude or if he has been guilty of gross misconduct.

(2)No action under this section shall be taken against any person unless he has been given an opportunity to show cause against the action proposed to be taken.

(3)A copy of the resolution passed by the Governing Council shall be immediately sent to the person concerned.

(4)Any person aggrieved by the decision taken by the Governing Council may appeal to the Chancellor within thirty days from the date of the receipt of such resolution.

(5)The decision of the Chancellor in such appeal shall be final.

31. Discipline. - (1) The final authority responsible for maintenance of discipline among the students of the University shall be the Vice-Chancellor. His directions in that behalf shall be carried out by the Heads of the University, hostels and Institutions.

(2)Notwithstanding anything contained in sub-clause (1), the punishment of debarring a student from the examination or restriction from the University ora hostel or an institution, shall on the report of the Vice-Chancellor be considered and imposed by the Executive Committee:Provided that no such punishment shall be imposed without giving to the student concerned a reasonable opportunity to show cause against the action proposed to be taken against him

32. Sponsored Scheme. - Whenever the University receives funds from any agencies sponsoring a scheme to be executed by the University, notwithstanding anything in this Act and Regulations: -

(a)the amount received shall be kept by the University separately from the University Fund and utilized only for the purpose of the scheme; and

(b)the staff required to execute the scheme shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organization.

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State of Arunachal Pradesh - Act