NORTHEAST ADVENTIST UNIVERSITY ACT, 2015

Act No. 04 of 2019

29th April, 2019

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:

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S.1 Short title and Commencement

(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.

S.2 Definitions

(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;
(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 Chancell

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.

(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 e

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.

(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; 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.

S.5 University not entitled to financial assistance

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.

S.6 Constituent Colleges and Affiliated Colleges

(1) The University may have Regional Centres, Off-campus Centres, and Study Centres within the State.

S.7 Objectives of the University

(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 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, coll

S.8 Power of the University

(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;
(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, cert

S.9 University open to all classes, castes, creed, religion, language and gender

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.

S.10 National Accreditation

The University will seek accreditation from respective national accreditation bodies.

S.11 Officers of the University

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.

S.12 The Visitor

(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.

S.13 The Chancellor

(1) The sponsor shall, with the prior approval of the Visitor, appoint a suitable person as the Chancellor of the University.

(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

S.14 The Vice-Chancellor

(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.

(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

S.15 The Registrar

(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.

S.16 The Chief Financial Officer

(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 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.

S.17 Deans of Faculties

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.

S.18 Other Officers

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.

S.19 Authorities of the University

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.

S.20 The Board of Governors

(1) The Board of Governors shall consist of the following:

(i) The Chancellor;
(ii) The Vice-Chancellor;
(iii) The Registrar;
(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

S.21 The Board of Management

(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 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 Mana

S.22 The Academic Council

(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.

S.23 The Finance Committee

(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

S.24 Other Authorities

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

S.25 Proceedings not invalidated on account of vacancy

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.

S.26 Statutes

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

S.27 Framing of Statutes

(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 Power to amend the Statutes

The Board of Governors may with the prior approval of the State Government, make new or additional Statutes or amend or repeal the Statutes.

S.29 Rules

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;
(10) Conditions of service and discipline of employees and other staff;
(11) Procedure for creation and abolition of

S.30 Framing of Rules

(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.

S.31 Power to amend Rules

The Board of Governors may, with the prior permission of the state Government, make new or additional Rules or 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 and a copy of which shall be furnished to the employee concerned.

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

S.33 Right to appeal

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.

S.34 Provident fund, pension fund or gratuity fund

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.

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 shall be empowered to constitute a committee of such authority consisting of such members and having such powers as the authority may deem fit.

S.37 Filling of casual 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 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.

S.38 Protection of action taken in good faith

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.

S.39 Transitional provisions

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.

S.40 Endowment Fund

(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.

S.41 General Fund

(1) The University shall establish a General Fund to which the following amount shall be credited:

(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 teach

S.42 Development Fund

(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;
(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.

S.43 Maintenance of Funds

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.

S.44 Annual Report

(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.

S.45 Accounts and Audit

(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 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

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 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.

S.47 Dissolution of University

(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, indiscipline, 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 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 admin

S.48 Expenditure of the University during dissolution

(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.

S.49 Laying of Statutes and Rules

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.

S.50 University Subject to Standards of UGC

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.

S.51 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 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.