Postal Registration No. N. E.—771/2006‐2008
The Gazette of Meghalaya
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 185 Shillong, Monday, April 29, 2019 9th Vaisakha, 1941 (S. E.)
PART-IV
GOVERNMENT OF MEGHALAYA
LAW (B) DEPARTMENT
-------
NOTIFICATION
The 29th April, 2019.
No.LL(B).23/2015/280. – The North East Adventist University Act, 2015 (Act No. 4 of 2019)
is hereby published for general information.
MEGHALAYA ACT NO. 4 OF 2019.
(As passed by the Meghalaya Legislative Assembly)
Received the assent of the Governor on the 29th April, 2019.
Published in the Gazette of Meghalaya Extra-Ordinary issue dated 29th April, 2019.
PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 29, 2019 896
THE NORTH EAST ADVENTIST UNIVERSITY ACT, 2015
An
Act
To establish and incorporate an University in the State, with emphasis on providing high
quality education, training and research in the fields of Physical Sciences, Applied
Sciences, Life Sciences, Health Sciences, Social Sciences, Bio-Technology, Information
Technology, Engineering, Management, Commerce, Communication, Law, Humanities,
Languages, Performing Arts and other allied areas, sponsored by the Medical Educational
Trust Association Surat of Seventh-day Adventists, and to provide for matters connected
therewith or incidental thereto.
Be it enacted by the Legislature of the state of Meghalaya in the Sixty-sixth year of the
Republic of India as follows:
CHAPTER 1
Preliminary
Short title and
Commencement
1. (1) This act may be called the Northeast Adventist University
Act, 2015.
(2) It shall be deemed to have come into force on such date the
State Government may, by Notification, appoint.
Definitions 2. (1) In this Act, unless the context otherwise indicates:
(i). “Academic Council” means the Academic Council of
the University;
(ii). “Act” means the North East Adventist University Act,
2015;
(iii). “AICTE” means the All India Council for Technical
Education established under Section 3 of the All
India Council for Technical Education Act, 1987;
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(iv). “Affiliated College” means a college or an institution
which is affiliated to the University;
(v). “Annual Report” means the Annual report of the
University prepared in accordance with Section 44 of
the Act;
(vi). “BCI” means the Bar Council of India established
under Section 4 of the Advocates Act, 1961;
(vii). “Board of Governors” means the Board of Governors
of the University as explained in Section 20 of Act;
(viii). “Board of Management” means the Board of
Management of the University as explained in
Section 21 of the Act;
(ix). “Chancellor” means Chancellor of the University as
explained in Section 13 of the Act;
(x). “Chief Financial Officer” means Chief Financial
Officer of the University as explained in Section 16
of the Act;
(xi). “DCI” means the Dental Council of India established
under section 3 of the Dentists Act, 1948;
(xii). “DEC” means the Distance Education Council;
(xiii). “Development Fund” means the Development Fund
of the University established under Section 42 of the
Act;
(xiv). “Distance Education System” means the system of
imparting education through any means of
information technology and communication such as
multimedia, broadcasting, telecasting, online over
internet, portal, other interactive methods, e-mail,
internet, computer, interactive talk-back, e-learning,
correspondence course, seminar, contact
programme or a combination of any two or more of
such means;
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(xv). “Endowment Fund” means Endowment Fund of the
University established under Section 40 of the Act;
(xvi). “Employee” means an employee appointed by the
University; and includes teachers and other staff of
the University or of a constituent college;
(xvii). “Faculty” means faculty of the University;
(xviii). “General Fund” means General Fund of the
University as explained in Section 41 of the Act;
(xix). “INC” means the Indian Nursing Council established
under Section 3 of the Indian Nursing Council Act,
1947;
(xx). “MCI” means the Medical Council of India
established under Section 3 of the Indian Medical
Council Act, 1956;
(xxi). “NCTE” means the National Council for Teacher
Education established under Section 3 of the
National Council of Teacher Education Act, 1993;
(xxii). “Off-campus Centre” means a centre of the
University established by it outside the main
campus within the State, operated and maintained
as its constituent unit having the University’s
complement of facilities, faculty and staff;
(xxiii). “Official Gazette” means the Gazette of Meghalaya;
(xxiv). “PCI” means the Pharmacy Council of India
established under Section 3 of the Pharmacy Act,
1948;
(xxv). “Prescribed” means prescribed by the rules,
regulations or statutes under the Act;
(xxvi). “Principal” in relation to a constituent college means
the Head of the constituent college and includes,
where there is no Principal, the Vice-principal or any
other person for the time being appointed to act as
Principal;
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(xxvii). “Regional Centre” means a centre established or
maintained by the University for the purpose of
coordinating and supervising the work of students or
study centres, for rendering any assistance including
training, conducting contact classes, and
administering examinations required by the students
or by the study centers, and for performing such
other functions as may be conferred on such centres
by the Board of Management;
(xxviii). “Registrar” means Registrar of the University as
explained in Section 15 of the Act;
(xxix). “Rules & Regulations” means the Rules and
Regulations of the University;
(xxx). “Sponsor” means Medical Educational Trust
Association Surat of Seventh-day Adventists;
(xxxi). “State” means the State of Meghalaya;
(xxxii). “State Government” means the State Government of
Meghalaya;
(xxxiii). “Statutes” means the Statutes of the University;
(xxxiv). “Study Centre” means a centre established,
maintained or recognized by the University for the
purpose of advising, counseling or for rendering any
other assistance including training, conducting
contact classes and administering examinations
required by the students;
(xxxv). “Teacher” means a Professor, Associate Professor,
Assistant Professor, Lecturer or such other person
as may be appointed in conformity with the norms
prescribed by the UGC for imparting instruction or
conducting research in the University or in a
constituent college or institution and includes the
Principal of a constituent college or institution;
(xxxvi). “UGC” means the University Grants Commission
established under Section 4 of the University Grants
Commission Act, 1956;
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(xxxvii). “University” means the North East Adventist
University established under the Act;
(xxxviii). “Vice-Chancellor” means Vice-Chancellor of the
University as explained in Section 14 of the Act;
(xxxix). “Visitor” means the Visitor of the University as
explained in Section 12 of the Act.
CHAPTER 2
The University and its Objectives
Proposal for
the
establishment
of the
University
3. (1) The Sponsor shall have the right to establish the University
in accordance with the provisions of this Act.
(2) An application containing the proposal to establish a
University shall be made to the State Government by the
Sponsor.
(3) The proposal may contain the following particulars, namely:
(i). The objects of the University along with the details of
the Sponsor;
(ii). The extent and status of the University and the
availability of land;
(iii). The nature and type of programmes, courses of
study and research to be undertaken in the University
during a period of the next five years;
(iv). The nature of faculties, courses of study and
research proposed to be started;
(v). The campus development plan such as buildings,
equipment and structural amenities;
(vi). The phased outlays of capital expenditure for a
period of the next five years;
(vii). The item-wise recurring expenditure, sources of
finance and estimated expenditure for each student;
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(viii). The scheme for mobilizing resources and the cost of
capital thereto and the manner of repayments to
each source;
(ix). The scheme of generation of funds internally through
the recovery of fee from students, revenues
anticipated from consultancy and other activities
relating to the objects of the University, and other
anticipated incomes;
(x). The details of expenditure on unit cost, the extent of
concessions or rebates in fee, freeships and
scholarships for students belonging to economically
weaker sections, and the fee structure indicating
varying rates of fee, if any, that would be levied from
non-resident Indians and students of other
nationalities;
(xi). The history and credentials of the Sponsor including
years of experience and expertise in the concerned
discipline at the command of the Sponsor as well as
its financial resources;
(xii). The system for selection of students to the courses of
study at the University;
(xiii). Nature and types of partnerships and affiliations;
(xiv). Such other conditions as may be required by the
State Government to be fulfilled before the
establishment of the University.
Establishment
of the
University
4. (1) Where the State Government, after such inquiry as it may
deem necessary, is satisfied that the Sponsor has fulfilled
the conditions specified in Sub-Section (2) of Section 3, it
may direct the Sponsor to establish an Endowment Fund.
(2) After the establishment of the Endowment Fund, the State
Government may, by notification in the Official Gazette,
accord sanction for establishment of the University.
(3) The campuses of the University shall be at any place within
the state of Meghalaya with its main campus situated at
Thadlaskein, near Jowai in the Jaintia Hills of Meghalaya;
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and it may have campuses, regional centres, or study
centres anywhere in the state.
(4) The Chancellor, the Vice-Chancellor, members of the Board
of Governors, members of the Board of Management and
the Academic Council for the time being holding office as
such in the University so established, shall constitute a body
corporate and can sue and be sued in the name of the
University.
(5) On the establishment of the University under Sub-section
(2), the land and other movable and immovable properties
acquired, created, arranged or built by the University for the
purpose of the University in the State of Meghalaya shall
vest in the University.
(6) The land, building and other properties acquired for the
University shall not be used for any purpose, other than that
for which the same is acquired.
University not
entitled to
financial
assistance
5. The University shall be self-financing and shall neither make a
demand nor shall be entitled to any grant in-aid or any other
financial assistance from the State Government or any other body
or corporation owned or controlled by the State Government.
Constituent
Colleges and
Affiliated
Colleges
6. (1) The University may have Regional Centres, Off-campus
Centres, and Study Centres within the State.
Objectives of
the University
7. (1) The objectives for which the University is established are as
follows:
(i). To provide instruction, teaching, training and
research in various branches and specialized fields
of Physical Sciences, Applied Sciences, Life
Sciences, Health Sciences, Social Sciences, Bio-
Technology, Information Technology, Engineering,
Management, Commerce, Communication, Law,
Humanities, Languages, Performing Arts and other
allied areas, and to make provisions for vocational
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education, skill development, advancement and
dissemination of knowledge;
(ii). To establish academic departments, centers,
faculties and institutions of excellence to train
professionals of high competence and commitment;
(iii). To set up university centers and campuses for
interactive, distance, online and other modes of
blended learning in a networked system of learning
centres, using information and communication
technologies within the State;
(iv). To collaborate with universities, colleges, educational
and healthcare institutions, research institutions,
industry and professional associations, government
and voluntary organizations, in India or abroad to
conceptualize, design and develop various
specialized educational and research programmes,
training programmes, twinning programmes and
exchange programmes for students, faculty members
and others which may be offered at its campus,
regional centres, off campus centres and study
centres within the State;
(v). To disseminate, knowledge through seminars,
conferences, executive education programmes,
community development programmes, publications
and training programmes;
(vi). To undertake programmes for the training and
development of faculty members and teachers of the
University.
(vii). To impart instruction on a course or programme of
study through one or more modes which may include
distance, continuing, blended and regular modes of
teaching and learning;
(viii). To undertake collaborative research with any
organization in India and abroad;
(ix). To create higher levels of intellectual abilities;
(x). To provide consultancy to industry, Government,
public and private organizations;
(xi). To create industry-academia partnerships;
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(xii). To provide education and healthcare for
underdeveloped regions, especially tribal areas and
their people;
(xiii). To advocate the need for and contribution of higher
education as a valuable means to individual and
societal development;
(xiv). To assist students and graduates in planning,
preparing and placing them in their careers;
(xv). To develop innovative concepts and programmes in
higher education;
(xvi). To develop educational programmes that are flexible
and responsive to changes in society;
(xvii). To contribute to the development of a knowledge-
based society;
(xviii). To do all the things which are necessary or expedient
to promote the above objectives;
(xix). To pursue any other objectives as may be prescribed
by the State Government or Sponsor.
Power of the
University
8. (1) The University shall have the following powers, namely:
(i). To establish, administer, maintain, manage the
University, Regional Centres, Study Centres, Off-
campus Centres, and Institutes of Research within
the State as are considered necessary for the
furtherance of the objects of the University within the
regulations as prescribed by the UGC from time to
time;
(ii). To make provisions to enable the University ,
Regional Centres, and Study Centres, to undertake
specialization of studies and to organize common
laboratories, libraries and other equipment for
research work, and to develop patterns of teaching in
undergraduate, post-graduate and super specialties
so as to meet a very high standard of education,
particularly in the fields of professional courses;
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(iii). To launch any new programmes or courses which
are in demand or suitable for the advancement of
knowledge or societal development;
(iv). To institute degrees, titles, diplomas, certificates and
other academic distinctions;
(v). To hold examinations, to grant and confer degrees,
titles, diplomas, certificates and other academic
distinctions on persons who shall have pursued and
passed an approved course of study of the University
subject to such conditions as the University may
determine, and to withdraw any such degrees, titles,
diplomas, certificates and other academic distinctions
on good and sufficient cause;
(vi). To confer honorary degrees or other distinctions
under conditions prescribed;
(vii). To approve colleges located within the State
providing courses of study for admission to the
examinations for titles, degrees, diplomas and
certificates of the University under conditions
prescribed and to withdraw such approval;
(viii). To hold and manage funds and other properties of
the University and to raise loans required for the
purposes of the University;
(ix). To fix fees and to demand and receive such fees and
other charges as may be prescribed;
(x). To establish and maintain halls and hostels and to
recognize places of residence for the students of the
University and to withdraw such recognitions
accorded to any such places of residence;
(xi). To supervise and control the places of residence for
the students of the University and to regulate the
discipline of the students of the University and to
make arrangements for promoting their health;
(xii). To establish within the State such special centers or
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other units for research and instruction as are, in the
opinion of University, necessary for the furtherance of
its objects;
(xiii). To create academic, technical, administrative,
ministerial and other posts and to make
appointments thereto;
(xiv). To regulate and enforce discipline amongst the
employees of the University and to take such
disciplinary measures as may be deemed necessary;
(xv). To institute professorships, associate professorships,
assistant professorships, readerships, lecturerships,
and any other teaching, academic or research posts
as may be deemed necessary by the University; and
to appoint duly qualified persons as professors,
associate professors, assistant professors, readers,
lecturers, or otherwise as teachers and researchers
of the University;
(xvi). To institute and award honorary doctorate,
fellowships, scholarships, prizes and medals;
(xvii). To provide for printing, reproduction and publication
of research and other works and to organize
exhibitions;
(xviii). To cooperate with other organizations in the matter of
education, training and research, particularly in the
fields of professional courses for such purposes as
may be agreed upon and on such terms and
conditions as the University may from time to time
determine;
(xix). 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;
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(xx). To regulate the expenditure and to manage the funds
of the University;
(xxi). To establish and maintain within the premises of the
University or elsewhere within the State, such class
rooms, study halls, etc. as the University may
consider necessary and to adequately furnish the
same;
(xxii). To receive grants, subscriptions, donations and gifts
for the purpose of the University consistent with the
objects for which the University is established; to
enter into agreements with the Central Government,
State Government, the University Grants
Commission or other authorities for the purposes of
receiving any such grants and donations and to
accept grants of money, securities or property of any
kind on such terms and conditions as may be
deemed expedient;
(xxiii). To purchase, take on lease 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;
(xxiv). 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
and/or to acquire such property for the purpose of the
University;
(xxv). To raise and borrow money, including upon
mortgaging properties, on promissory notes or on the
basis of any other obligations whatsoever on any of
the properties and assets of the University and upon
such terms and conditions as the University may
think fit; to pay out of the funds of the University all
expenditure incidental to the raising of money; and to
repay any money borrowed and to redeem any
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security given with respect to the property of the
University;
(xxvi). To invest the funds of the University or money
entrusted to the University in any securities and in
such manner as the University may deem fit and from
time to time to transpose any such investment;
(xxvii). To make such rules, regulations or statutes as may
from time to time be considered necessary for
regulating the affairs and management of the
University and to later amend and to rescind them;
(xxviii). To delegate all or any of the powers of the University
to the Chancellor, the Vice-Chancellor or to any other
officer of the University, or to any Committee or Sub-
Committee thereof;
(xxix). To do all such other acts and things as the University
may consider necessary, conducive or instrumental
to the attainment and enlargement of the objects of
the University or anyone of them; and
(xxx). Generally to do all such other acts and things as may
be necessary or desirable to further the objects of the
University.
University
open to all
classes,
castes, creed,
religion,
language and
gender
9. The University shall be open to all persons irrespective of class,
creed, religion, language or gender.
Provided that nothing in this Section shall be deemed to prevent
the University from making special provisions for admission to
Seventh-day Adventist students or students of the State.
National
Accreditation
10. The University will seek accreditation from respective national
accreditation bodies.
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CHAPTER 3
Officers of the University
Officers of the
University
11. The following shall be the officers of the University:
(1) The Chancellor;
(2) The Vice-Chancellor;
(3) The Registrar;
(4) The Chief Financial Officer; and
(5) Such other officers as may be declared by the Act of
Statutes to be officers of the University.
The Visitor 12. (1) The Governor of the State of Meghalaya will be the Visitor
of the University.
(2) The Visitor shall when present, preside at the convocation
of the University for conferring degrees, diplomas,
charters, designations and certificates.
(3) The Visitor shall have the following powers:
(i). To call for any paper or information relating to the
affairs of the University.
(ii). On the basis of the information received by the
Visitor, if he is satisfied that any order, proceeding or
decision taken by any authority of the University is
not in conformity with the Act, Rules or Regulations,
he may issue such directions as he may deem fit in
the interest of the University and the directions so
issued shall be complied with by all concerned.
(iii). Such other powers as may be conferred on him by
this Act or the Statutes made there under.
The
Chancellor
13. (1) The sponsor shall, with the prior approval of the Visitor,
appoint a suitable person as the Chancellor of the
University.
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(2) The Chancellor so appointed shall hold office for a period
of five years or for such shorter period as may be decided
by the Sponsor. The Sponsor may extend the term of
office of the Chancellor with the prior approval of the
Visitor.
(3) The Sponsor may, with the prior approval of the Visitor
extend the term of the Chancellor for such further period(s)
as the Sponsor may deem expedient.
(4) The Chancellor shall be the head of the University and
shall preside at the meeting of the Board of Governors.
(5) The Chancellor shall, when the Visitor is not present,
preside at the convocation of the University for conferring
degrees, diplomas, charters, designations or certificates.
(6) The Chancellor shall have the following powers:
(i). To call for any information or record;
(ii). To appoint/remove the Vice-Chancellor;
(iii). Such other power as may be conferred on him by
this Act or the Statutes made there under.
The Vice-
Chancellor
14. (1) The Vice-Chancellor shall be appointed by the Chancellor
on such term and conditions as may be prescribed by the
Statutes.
(2) The Vice-Chancellor shall be appointed from a panel of
three persons recommended by the Board of Governors
and shall hold office for a term of four years or such shorter
period as may be decided by the Board of Governors.
(3) The Vice-Chancellor shall be eligible for re-appointment for
another term not exceeding four years subject to restriction
on age or such other condition as may be provided in this
Act or the Statutes made there under.
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(4) The Vice-Chancellor shall be the principal executive and
academic officer of the University. He shall exercise
general supervision and control over the affairs of the
University and shall give effect to the decisions of the
authorities of the University.
(5) If in the opinion of the Vice-Chancellor it is necessary to
take immediate action on any matter for which powers are
conferred on any other authority by or under this Act, he
may take such action as he deems necessary and shall at
the earliest opportunity thereafter report his action to such
officers or authority as would have in the ordinary course
dealt with the matter.
(i). Provided that if in the opinion of the concerned
authority such action should not have been taken by
the Vice-Chancellor, then such case shall be referred
to the Chancellor whose decision thereon shall be
final; and
(ii). Provided further that where any such action taken by
the Vice-Chancellor affects any person in the service
of the University, such person shall be entitled to
prefer within one month from that date on which such
action is communicated to him, an appeal to the
Board of Governors and the Board of Governors may
confirm or modify or reverse the action taken by the
Vice-Chancellor.
(6) If in the opinion of the Vice-Chancellor any decision of the
authority of the University is outside the power conferred
by this Act, Statutes or is likely to be prejudicial to the
interest of the University he shall request the concerned
authority to revise its decision within the next seven days
and in case the authority refuses to revise such decision
wholly or partly or fails to take any decision within seven
days, then such matter shall be referred to the Chancellor
whose decision thereon shall be final.
(7) The Vice-Chancellor shall exercise such other power and
perform such other duties as may be laid down by the
Statutes or the Rules.
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(8) The Vice-Chancellor shall, in the absence of both the
Visitor and the Chancellor, preside at the convocation of
the University for conferring degrees, diplomas, charters,
designations or certificates.
(9) The Chancellor is empowered to remove the Vice-
Chancellor after due enquiry. It will be open to the
Chancellor to suspend the Vice-Chancellor during enquiry
depending upon the seriousness of the charges, as he
may deem fit.
The Registrar 15. (1) The Registrar shall be appointed by the Board of
Governors in such manner as may be prescribed by the
Statutes.
(2) The Registrar shall have the power to enter into
agreements, execute contracts, sign documents and
authenticate records on behalf of the University.
(3) The Registrar shall be responsible for the due custody of
the records and the Common Seal of the University and
shall be bound to place before the Chancellor, the Vice-
Chancellor or any other authority all such information and
documents as may be necessary for transaction of the
University’s business.
(4) The Registrar shall exercise such powers and perform
such duties as may be prescribed by the Statutes or as
may be decided from time to time by the Board of
Governors or the Board of Management.
The Chief
Financial
Officer
16. (1) The Chief Financial Officer shall be appointed by the
Board of Governors in such manner as may be prescribed
by the Statutes.
(2) The Chief Financial Officer shall be responsible for the due
custody of all financial records and for the financial
transactions of the University, and shall be bound to place
before the Board of Governors, Board of Management,
Chancellor, Vice Chancellor or any other authority, all such
PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 29, 2019 913
information and documents as may be required for the
transaction of the University’s business.
(3) The Chief Financial Officer shall exercise such powers and
perform such duties as may be prescribed in the Statutes
or as may be decided from time to time by the Board of
Governors or the Board of Management.
Deans of
Faculties
17. Deans of faculties shall be appointed by the Board of
Management in such manner and shall exercise such powers and
perform such duties as may be prescribed by the Statutes or as
decided by the Board of Governors.
Other Officers 18. The manner of appointment, terms and conditions of service, and
power and duties of the other officers of the University shall be
such as may be prescribed by the Statutes or as decided by the
Board of Governors.
CHAPTER 4
Authorities of the University
Authorities of
the University
19. The following shall be the authorities of the University, namely:
(1) The Board of Governors;
(2) The Board of Management;
(3) The Academic Council;
(4) The Finance Committee;
(5) Such other authorities as may be declared by the Statutes
to be the authorities of the University.
The Board of
Governors
20. (1) The Board of Governors shall consist of the following:
(i). The Chancellor;
(ii). The Vice-Chancellor;
(iii). The Registrar;
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(iv). The Chief Financial Officer;
(v). Two representatives of the Sponsor;
(vi). One representative of the State Government;
(vii). An educationist of repute to be nominated by the
State Government;
(viii). An eminent person of repute nominated by the
Sponsor.
(2) The Chancellor shall be the Chairperson of the Board of
Governors and the Registrar shall be its Secretary. In the
absence of the Registrar, the Chairperson may nominate
one of the members to serve as Secretary, pro tem.
(3) The Board of Governors shall be the supreme authority
and principal governing body of the University and shall
have the following powers:
(i). To lay down policies to be pursued by the University;
(ii). To make new or additional Statutes and Rules or
amend or repeal the earlier Statutes and Rules;
(iii). To approve the budget and annual report of the
University;
(iv). To appoint the Auditors of the University;
(v). To approve proposals for submission to the State
Government, governments of other states,
Government of India, or governments of other
countries;
(vi). To take such decisions and steps as are found
desirable for effectively carrying out the objects of the
University;
(vii). To review decisions of the other authorities of the
University if they are found prima facie, not in
conformity with the provisions of this Act, or the
Statutes or the Rules;
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(viii). To manage and administer revenues, properties,
assets and liabilities of the University.
(ix). To conduct all administrative affairs of the University
not otherwise specifically provided for.
(x). To fix the terms and conditions of appointment,
remuneration and removal of the officers of the
University.
(xi). To create teaching and academic positions and to
determine the number, qualifications, cadres, pay
scales and other emoluments of such positions.
(xii). To grant additional powers or otherwise modify the
powers of various authorities, boards, councils,
committees, etc. of the University.
(xiii). To decide about voluntary winding up of the
University;
(4) The Board of Governors shall meet at least twice in a
calendar year at such time and place as the Chancellor
may decide.
The Board of
Management
21. (1) The Board of Management shall consist of:
(i). The Vice-Chancellor;
(ii). The Registrar;
(iii). The Chief Financial Officer;
(iv). Two persons nominated by the Sponsor;
(v). A Dean of faculty/senior faculty member nominated
by the Chancellor.
(vi). One representative to be nominated by the State
Government.
(2) The Vice-Chancellor shall be the Chairperson of the Board
of management. In the absence of the Vice Chancellor, a
person nominated by the Sponsor shall serve as the
PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 29, 2019 916
Chairperson. The Registrar shall be the Secretary. In the
absence of the Registrar, the Chairperson may nominate
one of the members to serve as Secretary, pro tem.
(3) The Board of Management may meet as often as
necessary, but not less than twice in a calendar year at
such place and time as the Vice Chancellor may decide.
Three persons including the Chairperson shall constitute
the quorum for a duly convened meeting of the Board of
Management.
(4) The powers and functions of the Board of management
shall be such as may be prescribed in the Statutes or as
delegated to it by the Board of Governors.
The Academic
Council
22. (1) The Academic Council shall consist of:
(i). The Vice-Chancellor;
(ii). The Registrar;
(iii). The Chief Financial Officer;
(iv). The Deans/heads of Faculties;
(v). Such other members as may be prescribed in the
Statutes.
(2) The Vice Chancellor shall be the Chairperson of the
Academic Council and the Registrar shall be the
Secretary. In the absence of the Vice Chancellor, the
Registrar shall chair the meetings of the Academic
Council. In the absence of the Registrar or where the
Registrar chairs the meeting, the Chairperson may
nominate one of the members to serve as Secretary, pro
tem.
(3) The Academic Council shall be the principal academic
body of the University and shall, subject to the provisions
of this Act, the Statutes and the Rules, co-ordinate and
exercise general supervision over the academic policies of
the University.
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The Finance
Committee
23. (1) The Finance Committee shall consist of:
(i). The Vice-Chancellor;
(ii). The Chief Financial Officer;
(iii). The Registrar;
(iv). One representative of the Sponsor;
(v). One faculty member nominated by the Chancellor.
(2) The Vice Chancellor shall be Chairperson of the Finance
Committee. In the absence of the Vice Chancellor, a
person nominated by the Sponsor from among the
members of the Committee shall serve as the Chairperson.
The Chief Financial Officer shall be the Secretary. In the
absence of the Chief Financial Officer, the Chairperson
may nominate one of the members to serve as Secretary,
pro tem.
(3) The Finance Committee may meet as often as necessary,
but not less than twice in a calendar year, at such place
and time as the Vice Chancellor may decide. Three
persons including the Chairperson shall constitute the
quorum for a duly convened meeting of the Finance
Committee.
(4) The Finance Committee shall be the principal financial
body of the University to take care of all financial matters
and shall, subject to the provisions of the Act, the Statutes
and Rules, co-ordinate and exercise general supervision
over the financial affairs of the University.
(5) The annual budgets, annual accounts and all major
financial proposals shall be considered by the Finance
Committee before they are submitted to the Board of
Governors for their consideration and approval.
(6) The powers and functions of the Finance Committee shall
be such as may be prescribed in the Statutes or as
delegated to it by the Board of Governors.
PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 29, 2019 918
Other
Authorities
24. The constitution, powers and functions of other authorities of the
University shall be such as may be prescribed in the Statutes.
Proceedings
not invalidated
on account of
vacancy
25. No act or proceeding of any authority of the University shall be
invalid merely by reason of the existence of any vacancy or defect
in the constitution of the authority.
CHAPTER 5
Statutes and Rules
Statutes 26. Subject to the provisions of this Act, the Statutes may provide for
any matter relating to the University as given below:
(1) The constitution, powers and functions of the authorities
and other bodies of the University as may be constituted
from time to time and not specified in this Act;
(2) The operation of the endowment fund, the general fund
and the development fund;
(3) The terms and conditions of appointment of the Vice-
Chancellor, the Registrar, the Chief Financial Officer and
their powers and functions;
(4) Creation of new authorities of the University;
(5) The mode of recruitment and the conditions of service of
the other officers, teachers and employees of the
University;
(6) The procedure for resolving disputes between the
University and its officers, faculty members, employees
and students;
(7) Creation, abolition or restructuring of departments and
faculties;
(8) The manner of co-operation with other Universities or
institutions of higher learning;
(9) Other matters which may be prescribed.
PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 29, 2019 919
Framing of
Statutes
27. (1) The first Statutes framed by the Board of Governors shall
be submitted to the State Government for its approval
which may within three months from the date of receipt of
the Statutes give its approval with or without modifications.
(2) Where the State Government fails to take any decision with
respect to the approval of the Statutes within the period
specified under Sub-Section (1) it shall be deemed to have
been approved by the State Government.
Power to
amend the
Statutes
28. The Board of Governors may with the prior approval of the State
Government, make new or additional Statutes or amend or repeal
the Statutes.
Rules 29. Subject to the provisions of this Act, the Rules may provide for all
or any of the following matters:
(1) Admission of students to the University and their enrolment
and continuance as such;
(2) Courses of study to be laid down for all degrees, diplomas,
certificates, charters and other academic distinctions of the
University;
(3) Award of degrees, diplomas, charters, certificates and
other academic distinctions of the University;
(4) Procedure for conferment of honorary degrees;
(5) Accounting policy and financial procedures;
(6) Fixation of tuition and other fees;
(7) Revision of fees;
(8) Institution of fellowships, scholarships, studentships,
freeships, medals and prizes;
(9) Conditions of the award of fellowships, scholarships,
studentships, medals and prizes;
PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 29, 2019 920
(10) Conditions of service and discipline of employees and
other staff;
(11) Procedure for creation and abolition of posts;
(12) Method of evaluation;
(13) Conditions and mode of appointment and duties of
examining bodies, examiners, invigilators, tabulators and
moderators;
(14) Conditions of residence of the students at the University or
at a constituent college or affiliated college;
(15) Maintenance of discipline among the students of the
University or of a constituent college or affiliated college;
(16) Other matters as may be provided in the Statutes and
Rules under this Act.
Framing of
Rules
30. (1) The Rules shall be made by the Board of Governors and
the Rules so made shall be submitted to the State
Government for its approval which may, within two months
from the date of receipt of the Rules, give its approval with
or without modification.
(2) Where the State Government fails to take any decision
with respect to the approval of the Rules within the period
specified under sub-Section (1) it shall be deemed to have
been approved by the State Government.
Power to
amend Rules
31. The Board of Governors may, with the prior permission of the
state Government, make new or additional Rules or amend or
repeal the Rules.
CHAPTER 6
Miscellaneous
Conditions of
service of
employees
32. (1) Every employee shall be appointed under a written
contract, which shall be kept in the University and a copy of
which shall be furnished to the employee concerned.
PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 29, 2019 921
(2) Disciplinary action against the employees shall be
governed by procedure prescribed in the Rules.
Right to
appeal
33. Every employee or student of the University or of a constituent
college shall, notwithstanding anything contained in this Act, have
a right to appeal within such time as may be prescribed, to the
Board of Management against the decision of any officer or
authority of the University or of the Principal of any college and
thereupon the Board of Management may confirm, modify or
change the decision appealed against.
Provident
fund, pension
fund or
gratuity fund
34. The University shall constitute for the benefit of its employees
provident fund, pension fund or gratuity fund, and provide for such
insurance scheme as it may deem fit in such manner and subject
to such conditions as may be prescribed.
Disputes as
to
constitution
of University
authorities
and bodies
35. If any question arises as to whether any person has been duly
elected or appointed as or is entitled to be a member of any
authority or other body of the University, the matter shall be
referred to the Chancellor whose decision thereon shall be final.
Constitution
of
committees
36. Any authority of the University mentioned in Section 19 shall be
empowered to constitute a committee of such authority consisting
of such members and having such powers as the authority may
deem fit.
Filling of
casual
vacancies
37. Any casual vacancy among the members, other than ex-officio
members of any Authority or body of the University shall be filled
in the same manner in which the member whose vacancy is to be
filled up was chosen, and the person filling the vacancy shall be a
member of such authority or body for the residual period of the
term for which the person whose place he fills would have been a
member.
PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 29, 2019 922
Protection of
action taken
in good faith
38. No suit or other legal proceedings shall lie against any officer or
employee of the University for anything which is done in good faith
or intended to be done in pursuance of the provisions of this Act,
the Statutes or the Rules.
Transitional
provisions
39. Notwithstanding anything contained in any other provisions of this
Act, the Statutes or Rules:
(1) The members of the first Board of Governors shall hold
office for a term not exceeding five years.
(2) The first Board of Management, the first Finance
Committee, and the first Academic Council shall be
constituted by the Chancellor for a term not exceeding five
years.
(3) The first Vice-Chancellor, the first Registrar and the first
Chief Financial Officer shall be appointed by the Chancellor
and they shall hold office for a term not exceeding four
years as the Chancellor may determine.
Endowment
Fund
40. (1) The University shall establish an Endowment Fund of at
least Rupees two crores and paid in one installment and
the amount is to be kept in the custody of the Director of
Higher and Technical Education, Meghalaya, Shillong in
the form of a FDR.
(2) The University may transfer any amount from the general
fund or the development fund to the endowment fund.
Excepting in the event of dissolution of the University in no
other circumstances can any monies be transferred from
the endowment fund for other purposes.
(3) Not exceeding 75% of the income received from the
endowment fund shall be used for the purposes of
development works of the University. The remaining 25%
shall be reinvested into the endowment fund.
General Fund 41. (1) The University shall establish a General Fund to which the
following amount shall be credited:
PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 29, 2019 923
(i). All fees charged by the University;
(ii). All sums received from any other source;
(iii). All contributions made by the Sponsor;
(iv). All contributions or donations made in this behalf by
any other person or body which are not prohibited by
any law for the time being in force.
(2) The funds credited to the General Fund shall be applied to
meet the following payments:
(i). Repayment of debts including interest charges
incurred by the University for the purposes of this
Act, the Statutes, and Rules made thereunder;
(ii). Upkeep of the assets of the University;
(iii). Payment of the cost of audit;
(iv). Meeting the expenses of any suit or proceedings to
which University is a party;
(v). Payment of salaries and allowances of the officers
and employees of the University, members of the
teaching and research staff, and payment of any
Provident Fund, contribution to pension, gratuity or
other benefits to any such officers, employees, and
members of the teaching and research staff;
(vi). Payment of traveling and other allowances of the
members of the Board of Governors, Board of
Management, Academic Council, Finance
Committee, and other authorities so declared under
the Statutes of the University and of the members of
any committee or board appointed by any of the
authorities of the University in pursuance of any
provision of this Act, or the Statutes or the Rules
made there under;
(vii). Payment of fellowship, scholarship, assistantship and
other awards to students, research associates or
trainees eligible for such awards under the Statutes
or Rules of the University, or under the provisions of
this Act;
PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 29, 2019 924
(viii). Payment of any expenses incurred by the University
in carrying out the provisions of this Act, and the
Statutes or the Rules made there under;
(ix). Payment of cost of capital not exceeding the
prevailing bank rate of interest, incurred by the
Sponsor for setting up the University and the
investments made thereof;
(x). Payment of charges and expenditure relating to the
consultancy work undertaken by the University in
pursuance of the provisions of this Act, the Statutes,
and the Rules made there under;
(xi). Payment of any other expenses including
management fee payable to any organization
charged with the responsibility of managing the
University on behalf of the Sponsor as approved by
the Board of Management to be an expense for the
purposes of the University;
(xii). Provided that no expenditure shall be incurred by the
University in excess of the limits for total recurring
expenditure and total non-recurring expenditure for
the year as may be fixed by the Finance Committee
or the Board of Governors without the previous
approval of the Finance Committee or by the Board
of Governors;
(xiii). Provided further that the General Fund shall be
applied for the objects specified under sub Section
(2) with the approval of the Finance Committee of the
University.
Development
Fund
42. (1) The University shall also establish a Development Fund to
which the following funds shall be credited:
(i). Development fees which may be charged to the
students;
(ii). Sums received from any other source for the
purposes of the development of the University;
(iii). Contributions made by the Sponsor;
PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 29, 2019 925
(iv). Contributions or donations made in this behalf by any
other person or body which are not prohibited by any
law for the time being in force; and
(v). Share of income received from the investment of
endowment fund;
(2) The funds credited to the Development Fund from time to
time shall be utilized for the development of the University.
Maintenance
of Funds
43. The funds established under Sections 41 and 42 shall, subject to
the general supervision and control of the Board of Governors, be
regulated and maintained in such manner as may be prescribed.
Annual
Report
44. (1) The annual report of the University shall be prepared under
the direction of the Board of Management and shall be
submitted to the Board of Governors for its approval.
(2) The Board of Governors shall consider the annual report
and may approve the same with or without modification.
(3) A copy of the annual report duly approved by the Board of
Governors shall be sent to the Visitor and the State
Government on or before December 31 following the close
of the financial year on March 31 each year.
Accounts and
Audit
45. (1) All funds accruing to or received by the University from
whatever source and all amounts disbursed or paid shall be
entered in the accounts maintained by the University.
(2) The annual financial statements of the University consisting
of the Income & Expenditure Account and Balance Sheet
shall be prepared under the direction of the Finance
Committee.
(3) The annual financial statements of the University shall be
audited every year by a chartered accountant, who is a
member of the Institute of Chartered Accountants of India.
(4) A copy of the annual financial statements together with the
PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 29, 2019 926
auditor’s report shall be submitted to the Board of
Governors on or before December 31 following the close of
the financial year on March 31 each year.
(5) The annual financial statements and the auditor’s report
shall be considered by the Board of Governors at its
meeting and the Board of Governors shall forward the same
to the Visitor and the State Government along with its
observations thereon, if any, on or before December 31
each year.
(6) In the event of any material qualifications in the Report of
the Auditors, the State Government may issue directions to
the University, and such directions shall be binding on the
University.
Mode of
Proof of
University
Record
46. A copy of any receipt, application, notice, order, proceeding or
resolution of any authority or committee of the University or other
documents in possession of the University or any entry in any
register duly maintained by the University, if certified by the
Registrar shall be received as prima facie evidence of such
receipt, application, notice, order, proceeding, resolution or
document or the existence of entry in the register and shall be
admitted as evidence of the matters and transaction therein
recorded where the original thereof would, if produced have been
admissible in evidence.
Dissolution of
University
47. (1) If the Sponsor proposes dissolution of the University in
accordance with the law governing its constitution or
incorporation, it shall give at least three months’ notice in
writing to the state Government.
(2) On identification of mismanagement, mal-administration, in-
discipline, failure in the accomplishment of the objects of
the University, economic hardships in the management
system of the University, or if the directions are not followed
within such time as may be prescribed, the right to take
decision for winding up of the University would vest in the
State Government.
(3) The manner of winding up of the University would be such
PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 29, 2019 927
as may be prescribed by the State Government in this
behalf. Provided that no such action will be initiated without
affording a reasonable opportunity to show cause to the
Sponsor.
(4) On receipt of the notice referred to in sub-Section (1) the
State Government shall, in consultation with the UGC make
such arrangements for administration of the University from
the proposed date of dissolution of the University by the
Sponsor and until the last batch of students in regular
courses of study in the University complete their courses of
study in such manner as may be prescribed by the
Statutes.
Expenditure
of the
University
during
dissolution
48. (1) The expenditure for administration of the University during
the period of taking over its management under Section 47
shall be met out of the endowment fund, the general fund or
the development fund.
(2) If the funds referred to sub-Section (1) are not sufficient to
meet the expenditure of the University during the period of
taking over its management, such expenditure may be met
by disposing of the properties or assets of the University by
the State Government.
Laying of
Statutes and
Rules
49. Every Statute or Rule made under this Act shall be laid as soon as
may be after it is made on the table of the Legislative Assembly.
University
Subject to
Standards of
UGC
50. Notwithstanding anything contained in this Act, the establishment,
maintenance of standards and any other matter concerning this
University including affiliation of colleges, constituent colleges,
study center and regional centers shall be subject to the UGC
(Establishment and Maintenance of Standards in Private
University) Regulation, 2003 as amended from time to time and
any other Regulation or direction as may be issued by the UGC
from time to time.
The University will also fall within the purview of the Meghalaya
Private Universities Regulatory Board.
PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) APRIL 29, 2019 928
Removal of
difficulties
51. (1) If any difficulty arises in giving effect to the provisions of
this Act, the State Government may by a notification or
order, make such provisions not inconsistent with the
provisions of this Act, as appear to it to be necessary or
expedient for removing the difficulty. Provided that no
notification or order under sub-Section (1) shall be made
after the expiration of a period of three years from the
commencement of this Act.
(2) Every order made under sub-Section (1) shall as soon as
may be after it is made be laid before the State Legislature.
A. K. SANGMA,
Additional Secretary to the Govt. of Meghalaya,
Law Department.
SHILLONG: Printed and Published by the Director, Printing and Stationery, Meghalaya, Shillong.
(Extraordinary Gazette of Meghalaya) No. 369 - 730 + 300 – 29 - 4 - 2019.
website:- http://megpns.gov.in/gazette/gazette.asp.