MAHATMA GANDHI UNIVERSITY ACT, 2010

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[MEGHALAYA ACI' NO.6 OF 2011]¹

(As passed by the Meghalaya Legislative Assembly)

Received the assent of the Governor on 30th December,

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1. Published in the Gazette of Meghalaya Extra-Ordinary issue dated 4th January, 2011.

An Act to establish and incorporate a University in the State, with emphasis on providing high quality and 'industry relevant education in the areas of Engineering. Physical Sciences, Life Sciences. Technology, Medical Science and Paramedical Management, Technical, Finance & Accounting, Commerce, Humanities, Language & Communication. Applied and performing Arts. Education, Law, Social Science and related areas sponsored by Layman education Society through regular and distance education mode and to provide for matters connected therewith or incidental thereto.

S.1 Short title and commencement

(1) This Act may be called Mahatma Gandhi University Act, 2010.

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

S.2 Definitions

In this Act, unless the context otherwise indicates :-

(i) "Academic Council" means the Academic Council of the University

(ii) "Act" means the Mahatma Gandhi University Act, 2010 ;

(iii) "AICTE " means the All India Council for Technical Education established under Section 3 of the All India Council for Technical Education Act, 1987 ;

(iv) "Annual Report" means the annual report of the university as prepared in Section 44 of the Act ;

(v) "BCI" means the Bar Council of India ;

(vi) "Board of Governors" means the board of governors of the University as referred to in Section 20 of the Act ;

(vii) "Board of Management" means the Board of Management of the University constituted in Section 21 of the Act;

(viii) "Layman Educational Society" means Layman Educational Society, a soci

S.3 Proposal for the establishment of the University

(1) The sponsor shall have the right to establish the University in accordance with the provisions of this Act and the guidelines the issued by the UGC.

(2) The sponsor shall make an application containing the proposal to establish the university to the State Government.

(3) The proposal may contain the following particulars, namely;

(a) The object of the University along with the details of the sponsor;

(b) The extent and status of the University and the availability of the land;

(c) The nature and type of Programmes of the study and research to be undertaken in the University during a period of the next five years;

(d) The nature of facilities, Courses of study and research proposed to be started;

(e) The campus development such as buildings, equipment and structural amenities;

(f) Th

S.4 Establishment of the University

(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 in accordance with the guidelines issued by the UGC.

(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 in accordance with the guidelines issued by the UGC.

(3) The Campus of University shall be at Tura, Meghalaya and it may have another campus at Khanapara or any other place in Meghalaya and Regional Centres, Study Centres anywhere in India and abroad:

Provided approval of Distance Education Council is obtained.

(4) University shall run the courses in online, offline and any other means/mode for providing education with the a

S.5 University not entitled to financial assistance

The University shall be self-financing and shall not make a demand 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.

S.6 Objectives of the University

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

(a) to provide Instruction. Teaching, Training and Research in various branches and specialized fields of Vocational Education, Skill Development, Engineering, Physical Sciences, Life Sciences. Technology, Medical science and Paramedical Management, Technical, Finance & Accounting, commerce, Humanities, Languages, & Communication, Applied and performing Arts, Education, Law, Social Science and related areas and subjects and to make provisions for research, Advancement and dissemination of knowledge therein;

(b) to establish a campus in the State of Meghalaya, and to have study centers campuses examination, off-campus centres, off-shore campuses and Regional centres at different places in India and abroad ;

(c) to provide continuing and distance education programmes in India &Abroad through offline, online, correspondence and all

S.7 Powers of the University

The University shall have the following powers, namely, –

(a) to establish, maintain and recognize such Regional Centres, Study Centres, Campuses, Off-campus Centres and off-shore campuses as may be determined by the University from time to time manner laid down by the Statutes;

(b) to confer degrees, diplomas, certificates or other academic distinctions;

(d) to launch any academic & research programmes & courses, discipline of education which deemed suitable for meeting the objective at clause 7 of the university;

(e) to determine, demand and receive fees, bills, invoices and collect charges to fulfill the object of the University ;

(f) to make provisions for extra curricular activities for students and employees;

(g) to appoint the faculties,

S.8 University open to all classes, castes, creed, religion, language and gender

The university shall be opened to all persons irrespective of class, caste, creed, religion, language or gender ;

Provided that nothing in this section shall be deemed to require the university from making special provisions for admission to students of the state.

S.9 National and International Accreditation

The university will seek accreditation from respective national and international accreditation bodies.

S.10 Places of Campuses

(1) The campuses of the university shall be at any place within the state of Meghalaya and it may have campuses or regional centres, study centres, off-campus centres, off-shore campus anywhere in India or abroad.

(2) The Chancellor, the Vice-Chancellor, members of the board of governors member 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.

(3) The Board of governors will decide the usage of land, building and other properties acquired for the university, which is for the benefits of the university.

S.11 Officers of the University

The following shall be the officers of the university:

(a) the Chancellor;

(b) the Vice-Chancellor;

(d) the finance Officer ; and

(e) such other officers as may be declared by the Act or Statute to be officers of the University.

S.12 The Visitor of the University

(1) The visitor of the University shall be notified by the Sponsor in consultation with the State Government.

(2) The visitor shall, when present, preside at the convocation of the University conferring degrees, diplomas, designations and certificates.

(3) The visitor shall have the following powers, namely, –

(a) to call for any paper or information relating to the affairs or the University;

(b) 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, Regulations or Rules, he may issue such directions as he may deem fit in the interest of the University which will be binding to all concerned.

S.13 The Chancellor of the University

(1) The Sponsor shall appoint a person suitable to be appointed as the Chancellor of the University subject to the approval of the Visitor.

(2) The Chancellor so appointed shall hold the office for a period of five years which may be extended with a prior approval of the visitor.

(3) The Chancellor shall be the head of the university.

(4) The Chancellor shall preside at the meeting of the board or governors and shall when the visitor is not present, preside at the convocation of the university for conferring degrees, diplomas, designation or certificates.

(5) The Chancellor shall have the following powers, namely,~ (a) to call for any information or record;

(b) to appoint the Vice-Chancellor ;

(d) such other powers as may be conferred on him by this Act and Statute made here

S.14 The Vice-Chancellor of the University

(1) The Vice-Chancellor shall be appointed on such term and conditions as approved by the board of Governors for a term of four years by the Chancellor.

(2) The Vice-Chancellor shall be appointed by the Chancellor from a panel of three persons recommended by the board of governor and shall hold office for a term of four years :

Provided that after expiration of the term of four years the Vice-Chancellor shall be eligible for re-appointment for another term not exceeding four years.

(3) The Vice-Chancellor shall be principal executive and academic officer of the university and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of the authorities of the university.

(4) If in the opinion of the Vice-Chancellor it is necessary to take immediate action on any matter for which powers are conferred any other authority b

S.15 Deans of Faculties

Deans of Faculties shall be appointed by the Vice-Chancellor in such manner and shall exercise such powers and performs such duties as may be prescribed by Statutes.

S.16 The Registrar

(1) The appointment of the Registrar shall be made by the Board of Governors on such terms and conditions as approved by the Board of Governors for a term of four years.

(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 such 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 scale of the University and shall be bound to place before the Chancellor, the Vice-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 such powers and performs such duties as may be prescribed by Statu

S.17 Appointment of Finance Officer

(1) The appointment of the Finance Officer shall be made by the Board of Governors on such terms and conditions as approved by the Board of Governors for a terms of four years.

(2) The Finance Officer shall exercise such other powers and perform such other duties as may be prescribed by the Statutes of the University or may be required from time to time by the Board of Governors.

(3) The Board of Governors is empowered to remove the Finance Officer after due enquiry it will be open to the Board of Governors to suspend the Finance Officer during enquiry depending upon the seriousness of the charges, as he may deem fit.

S.18 Other Officers

The manner of appointment, terms and conditions of service and powers and duties of the other officers of the University shall be as authorised by the Board of Governors.

S.19 Authorities of the University

The following shall be the authorities of the University, namely,-

(a) the Board of Governors;

(b) the Board of Management;

(d) the Finance Committee; and

(e) such other authorities as may be declared by the Act or Statutes of the University.

S.20 The Board of Governors and its powers

(1) The Board of Governors shall consist of the following members,-

(i) the Chancellor;

(ii) the Vice-Chancellor;

(iii) three persons nominated by the Sponsor ;

(iv) one representative of the State Government;

(v) an educationist of repute to be nominated by the State Government;

(vi) an educationist of repute to be nominated by the Sponsor;

(2) The Chancellor shall be the Chairman of the Board of Governors.

(3) In absence of Chancellor the Vice-Chancellor will be the Chairman of the Board of Governors.

(4) The Registrar shall be an ex-officio Secretary of the Board of Governors.

(5) In absence of the Registrar, one existing member nominated by the Board of Governor, will work temporarily as the Secretary of the Board of Governors.

S.21 Board of Management

(1) The Board of Management shall consist of-

(a) the Vice-Chancellor,

(b) the Registrar;

(d) two Deans of the Faculties as nominated by the State Government;

and

(e) one representative to be nominated by the State Government; and

(f) one management representative to be nominated by the Sponsor;

(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 absence of the Vice-Chancellor, the management representative nominated by the Sponsor will work temporarily as the Chairman of the Board of Management.

(3) The Board of Management shall have the following powers, namely,

(a)

S.22 The Academic Council

(1) The Academic Council shall consist of : -

(a) the Vice-Chancellor, as Chairman;

(b) the Registrar as Secretary;

(d) such other members may be prescribed in the statutes (like Dean, HOD, and Professors).

(2) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, and the rules & Regulations, coordinate and exercise general supervision over the academic policies of the University

S.23 The Finance Committee

The Finance committee shall consist of : -

(a) the Vice-Chancellor, as Chairman;

(b) the Registrar as Secretary;

(d) one person, nominated by the Sponsor.

(2) The Finance Committee· shall be the principal financial body of the University to take care of financial matters and shall, subject to the provision of this Act, Rules & Statutes; Coordinate and exercise general supervision over the financial matters of the University.

S.24 Other Authorities

The constitution, powers and functions of the other authorities of the University shall be such as may be prescribed by the Act.

S.25 Proceedings not invalidated on account vacancy

No Act of proceeding of any authorities of the University shall be invalid merely by reason of the existence of any vasancy of post or defect in the constitution of the authority.

S.26 Statues

Subject to the provisions of this Act, the statutes may provide for any matter relating to the University and staff, as given below : -

(a) the constitution, power and function of the authorities and other bodies of the University not specified in the Act, as may be constituted from time to time;

(b) the mode of recruitment and the conditions of the service of the other officers, teachers and employees of the University ;

(c) the procedure for resolving disputes between the University and its officers, faculty members, employee and students;

(d) creation, abolition or restructuring of departments and faculties;

(e) the manner of co-operation with Universities or institutions of higher learning ;

(f) the procedure for conferment of honorary degrees;

(g) provisions regarding grant of freeships and scholarships

S.27 Statutes how made

(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.

S.28 Powers 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 the 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 the Statutes within the period specified under sub-section (1), it shall be deemed to have been approved by the State Government.

S.29 Rules

Subject to the provisions to this Act, the Rules may provide for all or any of the following matters, namely,-

(a) admission of students to the University and their enrollment and continuance as such;

(b) the courses of study to be laid down for all degrees, diplomas, certificates and other academic distinctions of the University ;

(d) creation of new authorities of the University;

(e) accounting policy and financial procedure;

(f) the conditions of the award of fellowships, studentships, medals and prizes;

(g) the conduct of examinations and mode of appointment and duties of examining bodies, examiners, invigilators, tabulators and moderators;

(h) the fee to be charged for admission to

S.30 Rules how made

(1) The Rules shall be made by the Board of Governors and 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.

S.31 Power to amend Rules

The Board of Governors. may make new or additional Rules of amend or repeal the Rules.

S.32 Conditions of service of employees

(1) Every employee shall be appointed under a written contract, which shall be kept in the University a copy of which shall be furnished to the employee concerned.

(2) Disciplinary action against the students/employees shall be governed by the procedure prescribed in the Statutes.

S.33 Right to appeal

Every employee or student of the University or of a constituent college, shall notwithstanding anything contained in the Act, have a right to appeal within such time as may be· prescribed, to the Board of Management against the decision of any other officer or authority of the University or of the Principal of any such college, and thereupon the Board of Management may confirm, modify or change the decision appealed against.

S.34 Provident fund and pension

The University shall constitute for the benefit of its employees 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.

S.35 Disputes as to constitution of University authorities and bodies

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.

S.36 Constitution of committees

Any authority of the University mentioned in Section 19 will be empowered to constitute a committee of such authority, consisting of such 'members as such authority may deem fit, having such powers as the authority may deem fit.

S.37 Filling of causal vacancies

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 filing the vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he or she fills would have been a member.

S.38 Protection of action taken in good faith

No suit or other legal proceedings shall lie against any officer or other employee of the University for anything, which is done in good faith is intended to be done.

S.39 Transitional provisions

Notwithstanding anything contained in any other provisions of this Act-

(a) the first Vice-Chancellor shall be appointed by the Chancellor and the said officer shall hold office for a term of three years;

(b) the first Registrar and the first Finance Officer shall be appointed by the Chancellor who shall hold office for a term of three years;

(d) the 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;

S.40 Endowment Fund

(1) The University shall establish an Endowment Fund of at least Rupees two crore and paid in one installment.

(2) The University shall have power to invest the Endowment Fund in such manner as may be prescribed.

(3) The University may transfer any amount from the General Fund or the Development Fund to the Endowment Fund. Excepting in the dissolution of the University, in no other circumstances can any monies be transferred from the Endowment Fund for other purpose.

(4) Not exceeding 75% of the incomes received from the Endowrnent Fund shall be used for the purposes of development works of the University. The remaining 25% shall be reinvested into the Endowment Fund.

S.41 General Fund

(1) The University shall establish a general fund to which the following amount shall be credited, namely,-

(a) all fees, which may be charged by the University;

(b) all sums received from any other source(s) ;

(d) all contributions/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 :-

(a) the repayment of debts including interest charges thereto incurred by the University for the purposes of this Act and the Statutes made thereunder ;

(b) the upkeep of the assets of the University;

S.42 Development Fund

The University shall also establish a Development Fund to which the following funds shall be credited, namely,

(a) development fees which may be charged from students, -

(b) all sums received from any other source for the purpose of the development of the University;

(d) all contributions/donations make in this behalf by any other person or body which are not prohibited by any law for the time being in force; and

(e) all incomes received from the Endowment Fund.

S.43 Maintenance of Fund

The fund established under Section 40, 41 and 42 shall, subject to general supervision and control of the Board of Governors, be regulated and maintained in such manner as may be prescribed by the Statutes.

S.44 Annual Report

(1) The Annual Report of the University shall be prepared under the direction of the Board of Management arid shall be submitted to the Board of Governors for its approval.

(2) The Board of Governors shall consider the Annual Report in its meeting and may approve the same with or without modification;

(3) A copy of Annual Report duly approved by the Board of Governors shall be sent to visitor and the State Government on or before December 31 following close of the financial year in March 31 each year.

S.45 Account and Audit

(1) The Annual Accounts and Balance Sheet of the University shall be prepared under the direction of the Board of Management and all funds accruing to or received by the University from whatever source and all amount disbursed or paid shall be entered in the accounts maintained by the University.

(2) The Annual Accounts of the University shall be audited every year by a Chartered Accountant, who is a Member of the institute of chartered accountants of India, to be appointed by the Board of Management on a mutually agreeable terms for a period of three years.

(3) A copy of the annual accounts and the balance Sheet together with the audit report shall be submitted to the Board of Governors on or before December 31 following 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 Governors at its meeting and

S.46 Mode of proof of University record

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 of document or the existence of the 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.

S.47 Dissolution of University

(1) If the Sponsor proposes dissolution of the University in accordance with the law governing it s constitution or incorporation, it shall give at least 3 months notice in writing to the State Government.

(2) On identification of mismanagement, mal-administration, discipline, failure in the accomplishment of the objectives of University and economic hardship in the management systems of University, the State Government would issue directions to the Management system of the University. 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 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 Re

S.48 Expenditure of the University during dissolution

(1) The expenditure for administration of the University during the taking over period under Section 48 shall be made out of the Endowment Fund, the General fund of the development fund.

(2) If the funds referred to sub-section (1) are not sufficient to meet the expenditure of the University during the taking over period of its management, such expenditure may be met by disposing of the properties or assets of the University, by the State Government.

S.49 Laying of Statutes and Rules

Every Statute or Rule make under this Act shall be laid, as soon as may be after it is made, on the table of the Meghalaya Legislative Assembly.

S.50 Removal of Difficulties

(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 appeared to, make such provisions of this Act, as appeared to it to be necessary or expedient, for removing the difficulty :

Provided that no notification or order under sub-section (1) shall be make after the expiration of a period of three years from the Commencement of this Act.

(2) Every order make under sub-section (1) shall, as soon as may be after it is made, be laid before the State Legislature.

S.51 University to be subject to standards of UGC

Notwithstanding anything contained in this Act, the establishment maintenance of standards and any other matter concerning private universities established under this Act shall be as per the provision of UGC (Establishment and Maintenance of Standards in Private Universities) Regulations, 2003 as amended from time to time and any other regulation or direction as may be issued by the UGC and the State Government from time to time.