The Arunachal Pradesh University of Studies Act,2012

161 Thc Arunach.l Pradesh University of Studies Act,2012 (Act No. 9 of 2012) (Received the assent of the Governor on 26th May, 2012 And Published in theArunachal Pradesh E.O. Gazette No. 102,Vol-XlX, dated 30h May, 2012) An Act to establish and incorporate the Arunachal University of studies in the State of Arunachal Pradesh at Namsai, with an emphasis on providing hqh quality ed,ucation supplemented with lndustrial lntemship and Professional Trainiig in the areas of Business & Management, Engineeing & Technolqy, HyJel Power, Tnining & Develqment. Cotnputing & lnformation Technology, Entrepreneurship, Rural Development, Biotechnolqy, Biosc,bnc€s & Environmental Sciences; Architecturc, Media & Communication, Film & Televisbn Ptductton, Basis. Sc,'errces, Medbal & Paramedical, Humanities, Juridical Sciences, Lile Sciences,.Liberal Art & Sc,bnces, Pedorming Ads, Nursing, Quality Tnining & Develepment of StaE Govemment officers etc. and related areas spor?soled by the Wold Education Mission (a wholly charitable trust), New Delhi and to provide for mafters connected therewith or incidentel the@te'l Be it enacted by the Legislature of Arunachal Pradesh in the Sixty{hiid Year of the Republic of lndia as follows: CHAPTER 1 Preliminary Short .title and Domqrencement : 1. (1) ThisAct may be called'lhe Arunachal University of Studiesi, 2012. (2) lt shall come intb force on such date as the State Govemment may by ndtification in the Official Gazette appoint. Definitions : 2. ln this Act, unless the context otherwise requires: (1) 'Academic Council" means the Academic Councit of the Univec y; (2) "Act' means The Arunachal University of Studies, Arunachal Pradesh Act, 2012; 162 (3) 'Affiliated College" means a college or an institution which is affiliated to the University; (4) "AlU" means Associatron of lndian Universities; (5) 'lAnnual Report' means the Annual report of the university as refened to in section 44 of lhe Act; (6) "Board of Governors" means the Board of Governors of the university constituted under section 20 of the Act; (7) "Board of Management' means the Board of Managemenfof the university as constituted under section 21 of the Act: (8) "Chancellof' means the Chancellor of the university appointed unOer section 13 of the Act; !. (9) "Constituent College" means a college or an institution maintained by the unrversrty; (10) -"DCl".means Dental Council of lndia; (11) "DEC" means Distanc€ Education Council; (12) "Development Fund" means the development fund of the University established under section 42 of the Act; (13) "Distance Education System" means lhe system of imparting education through any means of information technology and communication such as mult'media, broadcasting, telecasting, online over intemet, other interactive methods, e-mail, internet, computer, interactive talk back e-baming, corespondence course, seminar, contact Programmes dr a combination of any two or more of such means; (14) "Endowment fund" means the endo ment fund ot the University . established under section 40 of the Act, (15) ''Employee" means employee appointed by the University; and includes teachers and other staff of the University or of a constituent college; (16) "Faculty" means ih. faculty of the university; (17) "Finance Office/' means the Finance Officer of the university appointed under section 17 of the Act; ( 18) "General fund" means general fund of the University established under section 41 of the Acti 163 (19) "lNC" means the lndian Nursing Councit: (20) "lntemshE m€ans on-job training. apprenticeship, or a professional studies; Uaining of students with academic i (2'l ) "lnternshap Campus" means a center established, maintained or recognized by the University for the purpose of lnternship & Training or for rendering any other ass.rstance including conducting contact classes and administering examinations required by the Students; (22) "MCl' means-the Medical Council of lndia; (23) "NCTE" means the Natlonal Council for Teacher Education; (24) "Official Gazette" means ttle Gazette of Arunachal praOeitr; (25) "Off-Campus" means a Campus of a University established by it outside the main campus (within or outside the state) operated and maintained as its constituent unit, having the university's complement of facilities, faculty and staff; (26) "Off-Shore Campus" means a Campus of a University established by it outside the counlry operated and maintained as its constituent unit, having the university's complement of facilities, faculty and staff; .(27) "PHl' means Pharmacy Council of lndia; (28) "Prescribed" means prescribed by the statutes and the rules made under this Act; (29) "Principal" in the 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 as appointed to act as Principal; (30) "Regional Centre" means a center established or maintained by the university for the purpose of coordinating and supervising the work of Study Centers in any region and for performing such other functions as may be confened on such centei by the Board of Management; (31) "Registrar'' means the Registrar of the University appointed under 16 of the Act; (32) "Rules & Regulations". means the Rule & Regulations of the u niversity, 1U (33) "Sponsod' means lhe World Education Mission, New -Delhi; (34) "State" means the State of Arunachal Pradesh, (35) "State Governmentl' means the State Govemment of Arunachal Pradesh; (36) "Slatutes" means the Statutes of the University; (37) "Sltudy Centre" means a center established, maintained or reclgnzed by the University lor the purpose of advising, counseling or for rendering any other assistance including training, conducting contact classes and administering examinationa required by the Students; (38) "Teachers" means a professor, Associate Professor, Assistance Professor/Lecturer or such other person as may be appointed for impartjng instruction or conducting research in the University or in a constituent college or institution and includes the Principal of a Constituent college or instituton, in conformity with the norms prescribed by the University Grants Commission; (3e) "UGC" means the University Grants Commission established under the University Grants Commission Act, 1956i (40) "University' means theArunachal University of $udies, established under this Act, within the meaning of University Grants Commission Act, 1956; 141) 'Vice-Chancellof ' means the Vice-Chancellor of the University appointed under section 14.of the Act; CHAPTER 2 The Universlty and its Obiective Proposal for the Establishment ot the University 3- (1) The Sponsor shall have the right to establish the University in accordance with the provision of this Act; . (2) The application containing the proposal to establish the University shall be made to the State Government by the Sponsor; (3) The proposal contains the following particular, namely; (a) The objects of the University along with the detail of the Sponsort .165 (b) The extent and status of the University and the availability of land; (c) The nature and type of programmes of study and research to be undertaken in the University during a period of the next five years: (d) The natrre of faculties, courses of study and research proposed to be started; (e) The campus development such as building, equipment and structural amenities; (f1 The phased outlays of capital expenditure for a period of the next five years; (g) The item-wise recuning expenditure, sou/ces of finan@ and estimated expenditure for each studenti (h) The scheme for mobilizing resources and the cost of capital thereto and the manner of repayments to each source; (i) The scheme of generation of funds internally through the recovery of fee hom students, revenues anticipated from consultancy and other actrvities relating to the objectrs of the University and other anticipated incomes; 0) The detail of expenditure on unit cost, the extent of concessions or rebates in fee, free ship and scholarship for students belonging to economically weaker sections and the fee structure indicating varying rate of fee, if any, that would be levied on non-resident lndians and students of other nationalities. (k) The history & credentials of the sponsor including years of experience and expertise in the concerned discipline at the command of the sponsor as w-ell as the financial resources; 0) The years of experiences and expertise in the concemed discipline at the command of the Sponsor as well as the financial resources; (m) The system for selection of students to the course of study at the University; (n) Status of fulfillment of such other conditions as may be required by the State Government to be fulfilled before the establishment of the University. '166 4. Establishment of University : (1) Where the State Government, after such inguiry as it may deem necessary, is satisfied that the Sponsor has fulfilled the conditions speciied in sub-section (2) of section 3; it may initiate proceedings of notification of University; (2) The State Government may by notification in the Official Gazette accord sanction for establishment of the University and direct Sponsor to establish the complete endowment fund within six months ot notification: (3) The headquarters of University shall be in Namsai, Arunachal Pradesh and it may have campuses or Regional Centers, Study Centers anywhere in lndia and abroad with approval of the Board of Govemors: (4) The Chancellor, the Vice-Chancellor, member of the Eoard 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 suFsection (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 Arunachal Pradesh shall vest in ' the University; (6) Ths 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. 5. UniverBity not to be entitlod to tinancial asaistance : ' : The University shall be self-financing and shall not make a demand to any grant-in-aid or any other financial assistance from the Sate Government. 6. Constituent Colleges and Affiliated Colleg6 : (1) The University may have Constituent Colleges, Regional Centers, Campuses, Off-Campuses, Otf-shore Campuses, lntemship Campuses and Study Centers; (2) The University may with the prior approval of the Board of Governors, atfiliate any college or other institutions. 167 7. Objects ot the University : The ob.iectives for which the university is established are as follows : (a) To provide instructions, teaching, training, and research in various frelds of Agriculture, Business and Management, Engineering and Technology, Hydel Power, Training and Development, Computing and lnformation Technology, Entrepreneurship, Rural Development, Biotechnology, Biosciences and Environmental Sciences, Architecture, Media and Communication, Film and Television Product'on, Basic Science, Humanities, Juridical Sciences, Performing Arts, Nursing, Medical, Paramedical and related areas and subjects and to make provisions fpr research, advancement and disseminatron of knowledge therein; (b) To establish a campus in the State of Arunachal Pradesh, and to have Regronal Centers, Campuses, Off-Campuses, Off-Shore Campuses, lnternship Campuses, Examination Centres and Study Centers at different places in lndia and abroadi (c) To offer continuing and distance education Programmes; (d) To institute degrees, diplomas, charters, certificates, pre- university certifications and other academic distinctions on the basis of examination or any other method of evaluation; (e) To collaborate with other colleges or universities research institutions, industry associations, professional associations or any other organization in lndia or abroad, to conceptualize, design and develop specific educational and research programmes, training programmes and exchange Programmes for students, faculty members and others; (0 To identify the need of education in an area at various level including primary secondary, bachelor, masters & doctorate programmes and providing necessary facilities as per local requirements by introducing new programmes and relaxation in eligibility norms; (s) To disseminate knowledge through seminars, conferences, executive education programmes, commirnity development programmes, publications, and training programmes; 168 (h) To undertake programmes for the training and development of faculty members and teachers of the University ahd other institutions in lndia or abroad; (i) To undertake collaborative research with any organization in lndia or abroad; 0) To create higher levels of intellectual abilities ; (k) To provide consultancy to industry Government and Public Organizations; (l) To ensure that the standard of the degrees, diplomas, charte6, ce(ificates, pre-university certificates and other academic distinctions are not lourer than those laid down by the University Grants Commission, Bar Council of India, National Council for Teacher Education, Medical Council of lndia, Dental Council of lndia, lndian Nursing Council and the Pharmacy Council of lndia; (m) To do all things necessary or expedient to promote the above objectives ; (n) To pursue any other objective as rnay be prescribed by the Strate Govemment or Sponsor. 8. Powerr ot th. Unive,tiq : (1) The University shalt have the following powers, namely:- (a) To establish, maintain and recognize sudr Regional Centers, Campuses, Off-Campuses, Offshore Campus€s, lntemship . . Campuses, Examination Centres and Sludy Centers as may be determined by the University from time to time in the manner laid down by the Statutes; (b) To carry out all such other aclivitles as may be necessary or feasible in furtherance of the object of the University; (c) To confer degrees, diplomas, charters, certificates, pre- university certifications or other academic distinctions etc. in accordance with the Statutesl (d) To institute and award fellowship, scholarship and prizes etc. in ac@rdance with the Statutes; 169 (e) To launch any academic and research programmes & courses, discipline of education which deemed suitable for meeting the objects provided in section 7. (0 To determine, demand and receive fees, bills, invoices and collect charges to fulfill the objects of University, as the case may be; (g) To make provision for extracurricular activities and trainings for students for students and employees; (h) To appoint the faculties, teachers, officers and employees of the University or a Constituent college, Affiliated college, Regional Centres, Study Centers, Campuses, Off-Campuses, Off-shore Campuses and lnternship Campuses located in lndia and abroad; (i) To receive donations and gifts of any kind to acquire, hold, manage, maintain, lease, mortgage and dispose of any movable and immovable property, including trust and endowment properties for the purpose of University or a Constituent College, or a Regional Centers or a Off-Campus Centre or a Study Centers: 0) To'establish and maintain halls and to recognize places of residence for students, officers, teachers and employees of the University or a constituent for students ofthe University or a constituent college or any other at the main campus and other calmpuses in lndia and abroad; (k) To supervise and control the residence, and to regulate the discipline among the students and all categories of employees and to lay down the conditions of service of such employees, include their Code of Conduct; (l) To create, academic, administrative and support staff and olher necessary posts; (m) To co-operate and collaborate with other Universities and institutlons in such a manner and for such purposes as the University may determine from time to time; (n) To offer regular, distance leaming, continuing education, industry integrated, collaborative industry based education programmes and the manner in which such Programmes are offered by the University; 170 (o) To organize and conduct refresher courses, orientation courses, workshops, semanars and other Programmes for students, industry executives, teachers, developers of courseware, evaluators and other academic staff; (p) To determine standards of admission to the University. Constituent Colleges, Affiliated Colleges, Regional Centers, Study Centres, Campuses, Otf-Shore Campuses, Off- Campuses and lnternship Campuses with the approval of Academic Council; (q) To make special provisions for students belonging to the State of Arunachal Pradesh for admission in course of the University or in a constituent college, atfiliated college, regional centre, campus or study centre; (r) To come all such other acts or thing whether incidental to the powers aforesaid or not, as may be necessary to further the objects ol the University; (s) To prescribe such courses of Bachelor, Masters, Doctorate and Resdarch Degrees and such other Degrees, Diplomas, Charters, Certificates, Pre-University Certificates etc; (t) To provide for the preparaticn of instructional materials including films, cassettes, tapes, video cassettes, CD, VCD , and other sofhvare; (u) To recognize examinations or period of study (whether in . full or part) of other Universities, institutions or other places of leaming as equivalent to examinations or period of study in the University and to withdraw such recognition at any time, (v) To create industry academia partnership by inviting lndustry in the University Campus and other University centres for mutual beneflt; (w) To raise, collect, subscribe and borrow with the approval of the Board of Management whether on the security or the property of the University, money for the purpose of the University; (x) To enter into', carry out, vary or cancel contracts; 171 (y) To create. amend and cancel the rules and regulations to fuffill the objects of the University; (z) To do all such acts or things whether incidental to the powers aforesaid or not, as may be necessary to further the object of the University; (aa) To carry out all such other activities as may be necessary or feasible in furtherance of the obiect of the University; (bb) To do all things necessary or expedient to exercise the above powers; L University for all cla6ses, castes, creed, religion, region, languages and gender and provisions for the students of Arunachal Prad$h : (1) The University shall be open to all irrespective of class, caste, creed, religion, region, language or gender; (2) The University shall ensure that the academic standards of the courses offered by the University are in accordance with the guidelines of the University Grants Commission and other statutory bodies as the case may be. (3) The appointment, qualification and emoluments and teacher- student ratio shall be as per the guidelines of the University Grants Commission and specific councils. Provided that nothing in this section shall be deemed to prevent the University from making special provisaons for admissions to students of the State and socially and economically weaker section of the society, especially for the state of Arunachal Pradesh. 10. Natlonal and lnternational Accreditation : (1) The University will seek accreditation from respective national and international accreditation bodies; (2) The University shall obtiain prior permission/ approval from NationalAccreditiation bodies like NCTE, BCl, AICTE etc. before commencing any course required permission or recognition from concemed bodies, if required by any law for the time being in force, shall be obtained; 172 (3) As regards other Programmes on technical education the relevant laws, rules, regulations etc. in the matter of obtaining approval/ recognition or ma'ntain standards shall apply to the University. 11. Places of Campuses : (1) The Campus of University shall be at any place in Namsaiwithin the state of Arunachal Pradesh and it may have Campuses, Regional Centres, Study Centres anywhere in lndla & abroad subject to fulfillment of laid down terms and conditions, in the University Grants Commission Regulation. (2) The Chancellor, the Vic€-Chancellor, members of the board of Govemors, Members of the Board of Management and the academic council for the time being holding offices as such in the university so established, shall constitute a body corporate and can sue and be sued in the name of University; (3) The Board of Governors will decide the usage of land, building and other properties acquired by the university, which is for the benefrts of university. CHAPTER 3 Officers of the University 12. Oflicers of the Universlty I The following shall be the officeE of the University namely:- (a) The Chancellor (b) TheVice-Chancellor (c) The Registrar (d) The Finance Officer, and (e) Such other officers as may be declared by the statutes to be officers of the University. 13. The Ghancellor : ('l) A person eminence shall be appointed by Sponsor as Chancellor of the University with the prior approval of the Visitor, (2) The Chancellor so appointed shall hold the office for a period of five years; 173 (3) The Chancellor shall be the head of the University; (4) The Ghancellor shall preside at the meeting of the Board of Governors and shall, when the Visitor is not present' preside at the convocation of the University for Conferring Degrees' Diplomas, Charters, Designations or Certiflcates' (5) The Chancellor shall have the following powers, namely:- (a) To call for any information or record; (b) To appoint the Vice-Chancellor; (c) To remove the Vice-Chancellor; (d) Such other powers may be conferred on him by this Act or the Statutes made thereunder. 14 Th-a Vice-Chancellor : (1) The Vice-Chancellor shall be appolnted on such terms and conditions as may be prescribed by the Statutes for a term ot three years by the Chancellor; (2) The Vice-Chancellor shall be appointed by the Chancellor from a panel of three persons re@mmended by the Board of Govemors and shall hold office for a term of three years; (3) The Vice-Chancellor shall be the Principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give etfect to decision of the authorities of the University; (4) lf 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/ authority as would have in the ordinary course dealt with the matter, 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 Chancellor, whose decision thereon shall be final ; 174 Provided further that where any such action taken by the Vice-Chancellor affects any person in the service of the Univjrsity, such person shall be entifled to prefer, within three months from the date on which such actjon is communicated to him/ he( an appeal to the Board of Governors and the Board of Govemors may confirm or modify or reverse the action taken by the Vice- Chancellor: (5) lf in the opinion of the Vice-Chancellor any decision of any authority of the University is outside the powers conferred by this Act, Statutes or is likely to be prqudicial to the interest of the University he shall request the concerned authority to revise its decision within seven days from the date of decision and in case the authority refuse to revise such decision wholly or partly or fails to take any decision within seven days, then such matter shall be refened to the Chancellor and his decision thereon shall be final: (6) The Vice-Chancellor shall exercise such other powers and perform such duties as may be laid down by the Acts and Statutes or the rule; (7) The Vlce-Chancellor shall preside at the convocation of University in the absence of both, the Visitor and the Chancellor, for conferring Degrees, Diplomas, Charters, Designation or Certmcates; (8) The Chanc€llors is empowered to remove the Vice-Chancellor after due enquiry. lt will be open to the Chancellor to suspend the VrceChancellor during enquiry dependhg upon the seriowness of the charges as he may deem fit. 15. Oeans of Faculties : Deans of faculties shall be appointed by the Vice-Chancellor in such a manner and shall exercise such powers and perform such duties as may be prescribed by Statutes, 16. The Reglstrar : ('l) The appointment of the registrar shall be made in such manner as may be prescribed by the Stalutes, 175 (2) All contracts shall be signed and all documents and records shall be authenticated by the Registrar on behalf of the University; (3) The Registrar shall exercise such other powers and perform other duties as may be prescribed or may be required from time to time, by the Board of Governors: (4) 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 their business; (5) The Registrar shall exercise BUch powers and perform such duties as may be prescribed by the Statutes; (6) The Vice-Chancellor is empowered to remove the Registrar after due enquiry. lt will be open to the Vice-Chancellor to suspend the Vice{hancellor during enquiry depending upon he serbusness of the charges as he may deem flt- 17. The Finance Officer : (1) The appointment of the Finance Officer shall be made in such manner as may be prescribed by the Statutes; (2) The Finance Officer shall exercise such other po\rrers and perform such other duties as may be prescribed by the University or may be required from time to time by the Board of Govemors; (3) The Mce-Chancellor is empowered to remove the Finance Officer after due enquiry. lt will be open lo the Vice-Chancellor to suspend the Finance Officer during enquiry depending upon the seriousness of the charges as he may deem fit. 18. Other OfficerB : The manner of appointment, terms and conditions of service and powers and duties of the other officers of the University shall be such as may be prescribed by the Statutes, Rules and Regulations. However, Direct and indirect employment opportunities will be generated in the state with the establishment of the university. For example, the presence of well-developed center such a large number of people would lead to ffeation of Administrative jobs, courier, travel and residential services, in and around the campus ; 176 The employment generation would be in the following manners :- (A) lV gEde employees 50 % reservation for local people (B) lll grade employees 40% reservation for local people (C) ll grade employees 20% reservation for local people (D) Faculty Staff Open at international level CHAPTER 4 Authorities of the University 19. Authorities of the Universlty : The following shall be the autilorities of the University namely:- (a) The'Board of Governors; (b) The Board of Management; (c) The Academic Council; (d) The Finance Committee; and (e) Such other authorities as may be declared by the Statutes to be the authorities of the University. 20. Thc Board of Govemors and its poweE : (1) The Board of Governors shall consist of the following Members: (a) The Chancello[ (b) The Mce-Chancellorl (c) Three persons nominated by the Sponsor; (d) One representative of the State Government; (e) One educationist of repute to be nominated by the $ate Govemmenq (D One educationist of repute to be nominated by the Sponsor. (2) The Chancellor shall be the Chairman of the Board of Governors; (3) ln the absence of Chancellor the Vice-Chancellor shall be the Chairman of the Board of Governors; (4) The Registrar shall be an ex-offlcio Secretary of the Board of Govemors; 177 (5) ln the absence of Registrar, one existing member nominated by the Board of Govemor, will work lemporarily as Secretary of the Board of Governors; (6) The Board of Governors shall be the supreme authority and principal governing body of the University and shall have the . following porvers, namely:- (a) To appoint lhe statutory Auditors of the University; (b) To lay down policies to be pursued by the University; (c) To review decisions of ttre other authorities of the University if they are not in conformity with the provision of this Act, or the Statutes or the rules; (d) To approve the budget and annual report of the University; (e) To make new or additional Statutes and rules or amend or repeal the earlier Statutes and rules; (f) To make decision about voluntary windings up of the University; . (g) To approve proposals for submission to the Sate Govemment (h) To approve addition;l power and modify the existing power of Board of Management, Academic Council, Finance Committee, Other Authorities and Other Committees; (i) To take such decision and steps as are found desirable for effectively carrying out the objects of the University: (7). The Board of Govemors, shall, meet at least twice in a calendar year at such time and place as the Chancellor thinks fit. 21. The Bo.rd of ilanagement : (1) The Board of Management shall consist of the following namely: (a) TheVice-Chancellor; (b) The Registra[ (c) Four persons nominatd by the Sponsor; (d) Two Deans of the faculties as nominated by the Chancellor; (e) One State Government representation either Secretary Education or Director Education, 178 (Q One Managemen't Representative nominated by Sponsor; (g) One Women nominated by the Chancellor. (2) The Vice-Chancellor shall be the Chairperson of the Board of Management and the Registrar shall be the Secretary of the Board of Management; Provided in the absenc€ of Vice-Chancellor, the management representative nominated by the sponsor will work temporanly as the Chairman of Board of the Management; Provided further in absence of Registrar, one existing member nominated by Board of Management, will work temporarily as the Secretary of the Board of Management. (3) The Board of Management shall have following power namely : (a) To establish maintain and recognize regional centres, campuses, study centres, off-campuses, off-shore campuses; (b) To launch any academic research programme and courses, discipline of education which deemed suitable for meehng the ob.iect of University, (c) To create and amend rules and regulations of the University to tulfill the objects of the university; (d) To determine, demand and receive fees, bills, invoices and collect charges; (e) To make provisions of extra-cunicular activities for students and employees; (f) The Operation of endowment fund, general fund and development fundi (g) To appoint faculties, teachers, officers and employees of the University or a conslituent college, regional centre, study centre or a campus, establish, maintain, recognize such regional centre, study centre and campuses, off-campuses, off-shore campuses located in lndia and abroad; (h) To receive donation and gifls of any kind and to acquire, hold. manage, maintain, lease, mortgage and dispose of any movable or immovable property, including trust and endoir'ment properties for the purpose of Unaversity or a constituent college, or a Regional Centre, or a study Centre; 179 (i) To create academic, administrative, and support staff and any other post; 0) To cooprate and collaborate with other Unlversties, lnstitutons in such a manner and for such purpose as university may determine from time to time; (k) To offer regulat industry integrated, distiance education and continuing education programmes; (l) To organize and conduct reftesher couGes, orientation courses, workshops, seminars and other programmes, for industry executives, developers of courseware, evaluator and other academic staff; (m) To determine standards of admission to the various programmes with the approval of academic council; (n) To make special provisions for students belonging to the state ofArunachal Pradesh or other states for admission in any course of the Unive6ity or in a constituent college, affiliaEd college, off-campus cente, off-shore campus, regional centre or study centre; (o) To prescribe such course for Bachelor Degree. Mastefs Degree, Doctor of Philosophy, Doctor of Sctence and Research and such other degrees, diplomas, certiFrcates etc.; (p) To provide for the preparation of instructional maErial, reference books, study material, including films, cassettes, tapes, video cassettes, CD, VCD, DVD and other Software; (q) To recognize examinations or periods of study (Where in Full or Part) of other Universities, lnstitutions, or other places of higher learning as equivalent to examination or period of study in the University and to withdraw such recognition at any tlmel (r) To create lndustry Academia partnership by inviting industry in-campus and other university centres for mutual benefits; (s) To raise, collect, subscribe and borrow whether on the security of the property of the University, money for the purpose of the University; 180 (t) To enter into, carry out, vary or cancel contracts; (u) To do all such acts or things as direct by Bolrd of Govemors, (v) To do all things necessary or expedient the above powers; (w) The other powers and functions of the Board of Management shall be such as may be prescribed by the Slatutes. 22 The Acadomic Council : (1) The Academic Council shall consist of the : - (a) The Vice-Chancellor as Chairmani (b) The Registrar as Secretary; (c) Such other members as may be prescribed in the Statutes (Like Dean, HOD, Professors). ' (2) The Airademic Council shall be the Principal academic body of the University and shall; subJect to the provision of this Act, the $afutes and he rules, ccordinate and exercise general supervision over the academic policies of the University. 23. The Finance Committee : (1) The Finance Committee shall consist of :- (a) The Mce-Chancellor as Chairman; (b) The Registrar as Secretary; (c) The Finance Officer as Member; (d) Such other members as may be recommended by Sponsor. (2) The Finance Committee shall be the principal financial body of the University to take care of flnancial matters and shall, subject . to the provision of this Act, Rules and S:tatutes, Coordinate and exercise general supervision over the financial matters of the University. 24. Other Authoiiti6 : The constitution, powers and functions of the other authorities of the University shall be such as may be prescribed by the Statutes. '181 25. Proceedings not invalidated on account ot Vacancy : No Act or proceeding or any authority of the University shall be invalid merely reason of the existence of any vacancy or defect the constitution of the authority. CHAPTER 5 Statutes and Rules 26. Statutes : Sub.iect to the provision of this Act. The statutes may provide for any matter relating to the University and staff, as given below:- (a) The constitution, powers and functions of the authorities and other bodies of the University as specified rn the AcL and such other authorities as may be constituted from time to time; (b) The operation of the endowment fund, the general fund and the development fund; (c) The terms and conditions of appointed of the Mce{hancellor, the Registrar and the finance officer and their powers and funciiohs; (d) The mode of recruitrnent and the conditlons of service of the other officers, teachers and employees of the University; (e) The procedure for resolving disputes betvyeen the University and its offices, faculty members employees and studenGi (f) Certain abolition or restructuring of departments and faculties; (g) The manner of co-ope€tion with other Universities or lnstitutions of higher learning; (h) The procedure for conferment of honorary degrees: (i) Provisions regarding grant of free-ship, sponsorships and scholarshiP; O Number of seats in different courses of studies and the procedure of admission of students to such courses; (k) The fee chargeable from students for various courses of studies; 182 (l) lnstitution of fellowships, scholarships, studentships, fteeships, medals and prizes; (m) Procedure for creation and abolition of posts; (n) Other matters which any be prescribed. 27. Statut6 how made : (1) The first statutes framed by the Board of Governors shall be ' submitted to the stiate government for its approval, which may within three months from the receipl of the Statutes give its approval with or without modifications; (2) Where the Strte Government fails to take any decision with respect to the approval of the Srtatutes within the period specified under Sub-Seclion (1) it shall be deemed to have been approved by State GovemmenL 28. Power to amend the Statutes : (1) The Statutes as stated in the Act may be amended or new Statutes may be added by the Board of Management which needs to be approved by Board of Governors; (2) The Board of Governors shall submit the new and amended Statutes 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; (3) Where the State Government fails to take any decision with respect to the approval of Statutes within the period specified under Sub-section (1), it.shall be deemed to have been approved by Srtate Government. 29. Rules : Subject of the provisions to this Act, the rules may provide for all or any of the following mafters namely:- (a) Admission of siudents to the University and their enrolment and continuance as such, (b) The courses of study to be laid down for all Oegrees, Diplomas, Certificates, Charters and other Academic Distinctions of the University; '183 (c) The award of Degrees, Diplomas, Charters, Certificates, pre- university certificates and other Academic Distinctions of the University, (d) Creation of new authorities of the University, (e) Accounting Policy and Financial Procedure; (0 The conditions of the award of Fellowships, Scholarships, Studentships, Medals and Prizes; (s) The conduct of examinations and the conditions and mode of appointment and duties of examining bodies, examiners, invigilators, tabulators, and moderators; (h) The fee to be charged for the admission to the examinations, Degree, Diplomas, Certificates, Charters and other Academic Distinctions of the Universaty; (i) Revision ot Fees; Altemation of number of seats in different courses dld 0) PDgrammes; (k) The conditions of residence of the students at all University or a constituent college or affiliated college, or (t) Maintenance discipline among the students of the University or a constituent college or affiliated cotlege; (m) All other matters as may be provided under the Act. 30. Rules how made : (1) The Rules shall be made by the Board of Governors and 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 modifications; (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 State Government. '184 31. Power to amend rules : The Board of Governors may make new additional Rules or amend or repeal the Rules. CHAPTER 6 llliscellaneous 32. Condition of Service of Employees : (1) Every employee shall be appointed under a written contract, which shall be kept in the University and a copy of which shall be furnished to the employee concerned; (2) Disciplinary action against the students/ employees shall be governed by procedure prescribed in the Statutes. 33. Right to. appeal : Every employee or student of the Univarsity 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 such college, and thereupon the Board of Management may conflrm modlfy or change the decision appealed against, 34. Provldent Fund and Pension : The University shall constitute for the benefit of its employee such provident or pension fund and provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed. 35. Dbputos as to conslihrtion of Univecity authodties and bodies : lf any guestion arises as to whether any person has been duly electetl 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 or whose decision thereon shall be final. 36. Constitution of Committees : Any authority of the University mentioned in section 19, may constitute a committee of such authority, consisting of such members as such authority may deem tit and having such powers as the authority may deem fit. 185 37. Filling of'Casual Vacancies : Any casual vacancy among the members, other than ex-officio members, of any authority or body of the University shatl be filled in the same manner in which the member whose vacancy is to be filled, was chosen, and the pe6on filling the vacancy shal, be a member of such authority or body for the residue of the term for which the person whose place he/she fills would have been a member. 38. Protection of action taken in good faith : No suit or other legal proceedings shall lie against any officlr or other employee of the University for anything, which is done in good faith or intended to be done in pursuance of the provision of this Act, the Statutes or the Rules & Regulations. 39. Transitional Provision : Notwithstanding anything contained in any other provisionB of this Act and the Satutes :- (a) The First Vice-Chancellor shall b€ appointed by the Chancellor and the said officer shall hold officer for a term of three years: (b) The First Registrar and the First Finance Officer shall be appointed by the Chancellor who shall be, hold office for a term of three years: (c) The First Board of Govemors shall hold office for a term not exceeding three years: . (9) fne First Board of Management, the First Finance Committee and the First Academic Council shall be constituted by the Chancellor for a term of three years. 40. Endowment Fund : (1) The Sponsoring body shall establish an Endowment Fund for the University with an amount of three crores rupees which shall b€ pledged to the Government. (2) The Endowment Fund shall be kept as security deposit to ensure strict compliance of the provisions of this Act, rules, regulations, statutes or ordinances as made there under. 186 (3) The Govemment shall have the power to forfeit, in the prescribed manne( 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. l'(l; ' tnmme from Endowment Fund shall be utilized for the development of infrastructure of the university but shall not be utilized to meet out the recurring eipenditure of the university. ( - 5 ) The amount of 'Endowment Fund shall be kept inv*ted, until the d dissolution of the university, by way of Fixed Deposit Accounts .. in any Schedubd Bank subject to the condition that this Fund shallnot be withdrawn without the permission of the Government. . 41 General Fund : (1) The University shall establish a gen*zl fund' 'to which tho following amount shall be. credited namely; (a) All Fees which may be charged by the University; (b) All sums recehied from any other sources; (c) All contributions made by the Sponsor; (d) All contributionsl 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, namely: ,.{a) The repayment of debts including interest charges thereto incurred by the University for the purposes of this Act, the Statutes and the rules made thereunder; (b) The upkeep of the assets of the University; . (c) The payment of the cost of audit of the fund cr.eated under section 42; (d) Meeting the expenses of any suit or proceedings to which University is a party: 187 (e) The payment of salaries and allowance of the otncgrs and employees of the University, members of the teaching and research staff, and payment of any Provident Fund contributions, gratuity and other benefits to any such officerB and emplgyees, members of the teaching and research staff; (f) The pq/ment of travelling and other allowances of the members of the Board of Governors, the Board of Management, Academlc Council, and other authorities so declared under the Statutes, Rules & Regulations of the University and of the members of any committee of 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 thereundel (S) fh.e paymenl of fellowships, freeships, scholarships, assistantships and other awards to students, research associates or trainees ehgible for such awards under the Statutes or rules of the University under the provisions of this Act: (h) The payment of expenses incurred by the University in carrying out the provisions of this University Act, and the Statutes or the rules & regulations made thereunder; (i) The payment of cost capital not exceeding the privilege bank rate of interest, incurred by the Sponsor for s€tting up the University and investment made thereof; 0) The payments of charge and expenditure relating to the consultancy work undertaken by the University in iiurtuance of thc erovision of this'Act, and .the statutes" and the rules made thereunder; (k) The payment of any other exp€nse including a management fee payablq to any organization charged with the responsibility of Managin! the University on behalf of Sponsoring Body, as approved by the Board of Management to be an expense . lor the purpose of the University; Provided that no expenditure shall be incuned by the University ln excess of the limits for total recurring expenditure and total non- recuning expenditure for the years as may be fixed by the Board of Management without the prior approval of the Board of Management; 188 Provided further that the General fund shali be applied for the object specified under sub-section (2) with the prior approval of the Board of Manegement of the University. /t2. Development Fund : (1) The Uni;ersity shall also establish a development fund to whrch the fo[oflilS tunds shall be credited, name]y: . . {a) Development fees which may be charged from students; (b) All sums received from any other source for the purpose of I , the development of the University; -,-'- ., (c) A1l contiibutions made by the Sponsor; (d) All contribut'ons/ donations made in this behalf by any other 'person oi body which are not prohibited by any law for the : time being in force; (e) An incomes received from the endowment fund. (2) The funds credited to the development fund from time to time shall be utilized for the development of the University. 43. aintenance of Fund : ' - The funds established under sections 41, 42 and 43 shall be regulat€d 'afld maintained in such manner as lmay be prescribed by Statutes. 44. Annual Report: r. (1) Ttla annual report of the Univelsity shall be prepared under the direction of the Board of Management and shall be submitted ' to the Board of Govemors for its approval;

(2) The Board of Govemors shall consider the aqnual report in its , meeting and may approve the same with or without modifications; (3) A copy of the audited annual report duly approved by the Board of Go/emors shall be sent to Msitor and the State Government on or before December 31 following close of the financial year in March 31 each year 189 45. Account and Audit: (1) The annual accounts and balance sheet of the University shall be prepared under the direction of Board of Management and all funds accruing to or receive by the University from whatever source and all amount disabused or paid shall be entered in the accounts maintained by the University; (2) The annual accounts of the University shall be audited by a Chartered Accountant, who is the member of lnstitution of Chartered Accruntants of lndia, to be appointed by the Board of Management on mutually.agreeable terms for a period of three years; (3) A copy of the Annual Accounts and Balance Sheet together with the audit report shall be submitted fo the Board of Govemors on or bfore December 3'l tollowing close of the financial year in March 31 each year; (4) The annual accounts, the balance sheet and the audit report shall be considered by the Board of Govemors at its meeting and the Board of Governors shall fouard the same to the Visitor and the State Government along with its observation thereon on or before Oecember 31 each year; ' 151 ln the event of any material qualification in the report of the editors, the Slate Government may issue directions to the University, and such directions shall be binding on the University. 46. lrlode of Proof of Unive6ity Repod : A copy, receipt, application, notice, order, proceeding or resolution of any authority or committee of the University or other documents in possession of the University of any entry in any register duly maintained by the University, if certified .by the registrar, shall be received as prima lacie evidence of such receipt, application, notic,e, ordeq proceeding, resolution of document or the existence of entry in the register and shall be admitted as evidence of the matters and the transactions therein recorded where the original therefore would, it produced, have been admissible in evidence. . 190 47. Powef of State Government to call for the information and records and dissolulion of the University : (1) (r) lt shall be the duty of the University or any authority or offlcers of the University to furnish such informatlon or records relating to the administrative or finance and other , affairs of the university as the State Government may call for (iD 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, may issue such directions to the university as it may deem necessary (i) (2) lf the Sponsor proposes dissolution of the University in aceordance with the law governing its constitution or incorporation, it shall give at least 6 (Six) months' notice in writing to the State Government and it shall ensure that no new admissions to the University are accepted during the notice period; (ii) On identification of mismanagement, maladministration, in- discipline, failure in the acco:'npllshment of the oblects of University and economic hardships in the management systems of University, the State Govemment would issue directions to the management system to the University. lf 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; (iii) The manner of winding up of the University would be such as may be prescribed by the State Government in this behalf. Provided that no such action will be imitated without affording a reasonable opportunity to show cause to the Sponsor; (iv) On receipt of the notice referred to in Sub-Section (1), the State Govemment shall in consolation with the regulatory bodies make such arrangements for administration of the University for the proposed date of dissolution of University by the Sponsor and until the last batch of Students in regular courses of studies of the University complete their courses of studies in such manner as may be prescribed by the Statutes. 191 48. Expenditure of the Univeraity during dissolutlon : (1) The expenditure for administration of the University during the taking over period of its endowment fund, management fund, the general fund or the development fund; (2) lf the funds refened to sub-section (1) are not suffiilent to meet the expenditure of the University during the taking or period of its management, such expendlture may be met by disposing of the Properties or Assets of the University, by the Sponsor and State Govemment; ' Provided that, notwithstanding anytHng contained-in this section, the State Government may issue such directions from time to time to the university on policy matters not inconsistent with the provisions of this Act, as it may deem necessary which shall be complied with by the university. 49. Laying of Statutes and Rules : Every Stiatutes or rules made under this Act shall as soon as may be after it is made will be submitted to stiate Education department. 50. Removal of Oifficulties : (1) lf any difficulty arises in giving effect to the provisions to this Act, thB State Govemment may, by a notification or order, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient, for removing the difficulty; Provided that no notification, order under sub-section (1) shall be made after the expiration of 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 befoe the State Legislature. 51. Savlngs: Notwithstanding anything contained in this Act, all rules, orders, notmcations. scheme, bye-laws, regulation, circular, office memoranda issued by the State Government in pursuance of the Arunachal Pradesh and other lnstitutions of Higher Education (Establishment and Regulations) Act, 2010 (No. 6 of 2010) shall mutatis mutandis apply to the University until the same is superseded by the State Government. 192 The Venkateshwara Open University Act, 2012 (Act No. 10 of 2012) (Received the assent of the Goverhor on '1 5th June, 2012 And Publrshed in theArunachal Pradesh E.O Gazette No. 1'16,Vol-XIX, dated 20th June, 2012) An Act to estiablish and incorporate a teaching Open University sponsored by Padmawati Educational Trust, 208 A Saket, Meerut registered under the lndian Trust Act, 1882 (Act No. 2 of 1882) and to provide for matters connected there with or incidental thereto, the Governor of Arunachal Pradesh, in pursuance of the provisions of clause (3) of Article 348 of the Constitution, is pleased to order the publication of the incorporation of the Act of the Venkateshwara Open University, ltanagar, Arunachal Pradesh. BE it enacted by the Legislative Assembly of Arunachal Pradesh in the Sixtlr{hird year of the Republic of lndia, as follows,- 1. Short title and commencement : (1) This Act may be called the Venkateshwara Open . University Act, 2012. (2) lt shall come into force on such date as the Sate Govemment , of Arunachal Pradesh may by notification in the Official '/ Gazette appoint. 2. Oefinitions : ln this Act, unless the context otherwise requires : (a) 'Academic Council" mean6 the Academic Council of the University ; (b) "Distance Education Council" means Distance Education Council of the University ; (c) "Board" means the Board of studies or the Planning Board, or any other Board of the University ; (d) "Chancello/', "Pro-Chancello/', "Vice-Chancellof' and ' "Pro-Vice-C ha ncellor" means respectively the Chanc€llor, the Pro-Chancellor, the Vice-Chancellor, the Pro-Vice-Chanc€llor of the University; (e) "Court" means the Court of the University ;