State Act
THE ARUNACHAL PRADESH UNIVERSITY ACT, 2012
1. Short title, extent and commencement,- (1) This Act may be called the Arunachal University Act, 2012. (2) Notwithstanding anything contained in any other Act, this Act shall extend to the State of Arunachal Pradesh. (3) This Act shall come into force on such date as the Governor of Arunachal Pradesh may, by notification in the Official Gazette, appoint.
2. Definitions,- In this Act, and in the Statutes, Ordinances and Regulations made under this Act, unless the context otherwise requires, (1) “Academic Council” means the Academic Council of the University ; (2) “Academic Staff” means such categories of staff as are designated as academic staff of the University ; (3) “Approved Institution” means an institution providing facilities for a Certificate or Diploma Course or both ; (4) “Autonomous College or Campus or Institution” means a College or Campus or Institution on which the status of autonomy has been conferred by the University ; (5) “Board of Studies” means the Board of Studies of the University ; (6) “Campus” means a unit established or constituted by the University through the Statutes for making arrangements for instruction or research or both ; (7) “Chancellor”, “Vice-Chancellor”, “Pro-Vice Chancellor” means respectively, the Chancellor, Vice-Chancellor and Pro-Vice-Chancellor of the University ; (8) “College” means a College maintained by or admitted to the privileges of the University; (9) “Court” means the Court of the University ; (10) “Department” means a Department of Studies established by the statutes ; (11) “Employee” means any person appointed by the University in the University or a maintained College or a maintained Institution and includes teachers and other staff of the University ; (12) “Executive Council” means the Executive Council of the University; (13) “Faculty” means a Faculty of the University ; (14) “Finance Committee” means the Finance Committee of the University ; (15) “Government” means the Government of Arunachal Pradesh ; (16) “Governing Body” in relation to a College or Institution means the Governing Body or any other body (by whatever name called), charged with the management of the affairs of the College or Institution or Approved Institution as the case may be and recognized as such by the University; (17) “Grievance Committee” means Grievance Committee constituted to look into the grievances of the employee concerned ; (18) “Hostel” means an unit of residence of corporate life for the students of the University, College or Institution, provided, maintained or recognized by the University; (19) “Institution” means an academic institution as the context may require(other than a College or Approved Institution) maintained by or admitted to the privileges of the University ; (20) “Joint Consultative Machinery” means the Joint Consultative Machinery set up for the employees ; (21) “Misconduct” means the misconduct as defined by the statutes; (22) “Official Gazette” means the Government of Arunachal Pradesh Gazette; (23) “Planning Board” means the Planning Board of the University; (24) “Prescribed” means prescribed by statute made under the Act; (25) “Principal” means the Head of a College or an Institution, and includes where there is no Principal the person for the time being duly appointed to act as Principal, and , in the absence of the Principal or the acting Principal a Vice-Principal duly appointed as such; (26) “Statutes” “Ordinance” and “Regulation” means respectively the Statutes, Ordinances and Regulations of the University made under this Act and for the time being in force; (27) “Student” means a person who is admitted to a Department of the University or a College or an Institution and is borne on the attendance register thereof; (28) Teachers (i) “Teachers of the University” means a Professor, Associate Professor, Assistant Professor and such other persons as may be appointed for imparting instructions or conducting research in the University or in any College or Institution maintained by the University and are designated as teachers by the Statutes; (ii) “Recognized Teacher” means such persons as are recognized by the University for the purpose of imparting instruction in a College or any Institution not maintained by the University admitted to the privileges of the University, and are designated as Recognized teachers by the Statutes; (iii) “Approved Teachers” means such persons as are approved by the University for imparting instructions in Institutions admitted to the privileges of the University, providing instruction for a Diploma or Certificate Course or both, and are designated as Approved teachers by the Statutes; (29) “University” means the Arunachal Pradesh University.
3. (1) There shall be established a University by the name of “Arunachal Pradesh University”. (2) The Headquarters of the University shall be at Pasighat. (3) The first Chancellor, the first Vice-Chancellor and the first members of the Court, the Executive Council, the Academic Council and the Planning Board and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are like hereby constituted a body corporate by the name of “Arunachal Pradesh University”. (4) The University shall have perpetual succession and a common seal and shall sue and sued by the said name.
4. The object of the University shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit, and endeavour through research, education, training and extension to play a positive role in the socio-economic and cultural development of Arunachal Pradesh and in particular the objects set up in the first Scheduled to the Act.
5. The University shall have the following powers : (1) to provide for instruction in such branches of learning as the University may, from time to time, determine and to make provisions for research, training and for the advancement and dissemination of knowledge ; (2) to take such steps as would contribute to the economic advancement and welfare of the people of Arunachal Pradesh ; (3) to grant, subject to such conditions as the University may determine, diplomas or certificates and confer degrees and other academic distinctions (on the basis of examination, evaluation or any other method of testing) on persons [and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient reasons subject to such condition as the University may determine] ; (4) to organize and to undertake extramural studies, training and extension services ; (5) to confer honorary degrees, other distinctions in the manner prescribed by the Statutes ; (6) to provide instruction, including correspondence and such other courses, through continuing education to such persons as are not members of the University as it may determine ; (7) to institute principalships, professorships, readerships, lecturerships and other teaching or academic positions required by the University and to appoint person to such principalships, professorships, readerships, lecturerships or other positions ; (8) to recognize or approve persons for imparting instructions in any College or Institution or Approved Institution admitted to the privileges of the University ; (9) to appoint on contract or otherwise visiting Professor, Consultants, Research scholars, Fellows and such other persons who may contribute to the advancement of the objects of the University ; (10) to create administrative, ministerial and other posts and to make appointments there to and to determine their conditions of services in accordance with the statutes ; (11) to cooperate or collaborate with any other University or authority or Institution in such manner and for such purposes as the University may determine ; (12) to approve persons working in any institution cooperating, collaborating or associating with the University, for imparting instruction or supervising research, or both and to withdraw such approval ; (13) to make provision for research, training an advisory services, and for that purpose to enter into such arrangements with other institutions or bodies as the University may deem necessary ; (14) to establish such Campuses, Centres, Institutions specialized laboratories or other units for research, instruction and training as are, in the opinion of the University, necessary for furtherance of its objects, as prescribed ; (15) to institute and award fellowships, (including travelling fellowships) scholarships, studentships, medals and prizes in accordance with the Statutes; (16) to establish and maintain Colleges, Institutions and hostels ; (17) to admit to its privileges, Colleges, Institutions and Approved Institutions not maintained by the University; to withdraw all or any of these privileges in accordance with such conditions as may be prescribed and to recognize Hostels not maintained by the University and to withdraw any such recognition ; (18) to declare a Campus, College or an Institution as an autonomous Campus, College or an Institution, as the case may be and the extent of autonomy and the matters in relation to which it may exercise autonomy ; (19) to determine standards for admission in the University, Colleges, Institutions and Approved Institutions which may include examinations, evaluations or any other method of testing ; (20) to demand and receive payment of fees and other charges ; (21) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare; (22) to make special arrangements in respect of women students as the University may consider desirable ; (23) to regulate the conduct of and enforce discipline among the students of the University and the Colleges and Institutions including Hostels and take such disciplinary measures in this regard as may be deemed necessary by the University ; (24) to regulate the conduct and duties of the employees of the University and of employees of Colleges and Institutions ; (25) to regulate and enforce discipline among the employees of the University and take such disciplinary measures in this regard as may be deemed necessary ; (26) to make arrangements for promoting the health and general welfare of the employees ; (27) to receive with the approval of the State Government, benefactions, donations, gifts and grants and to acquire, hold manage and dispose of property movable or immovable including trusts and endowment properties for the purpose of the University ; (28) to accept grants from the Central or any State Government of the University Grants Commission and, with the approval of the State Government from other sources ; (29) to borrow, with the approval of the Government on the security of the property of the University, money for the purposes of the University ; (30) to appoint persons working in any other University, Institution or organizations as teachers of the University for a specified period, and to make special arrangements to facilitate this ; and (31) to do all such other acts and things whether incidental to the powers aforesaid or not as may be required in order to further the objects of the University.
6. (1) The jurisdiction of the University shall extend to the State of Arunachal Pradesh. Notwithstanding anything in any other law for the time being in force no educational institution within the State of Arunachal Pradesh, shall be associated in any way with or be admitted to any privilege of any other University incorporated by law in India, and any such privilege granted by any such other University to any educational institutions within these limit prior to the commencement of this Act, shall be deemed to be withdrawn on the commencement of this Act. (2) No College or Institution situated within the limits of the jurisdiction of the University, but not admitted to its privileges, shall associate with, or be admitted to the privileges of any other University except with the previous approval of the State Government. (3) The jurisdiction of the University shall also extend to all Colleges or Institutions, as may be admitted to the privileges of the University from time to time.
7. (1) The University shall be open to persons of either sex and of whatever race, creed, caste or Class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted therein, as a teacher or student or to hold any office therein or to graduate thereat. (2) Nothing in sub-section (1) of this section shall be deemed to prevent the University for making special provisions for admission of women, persons physically handicapped or persons belonging to any socially and or educationally backward classes of the people in Arunachal Pradesh and, in particular, of the Scheduled Tribes and Scheduled Castes. (3) Nothing in this section shall be deemed to require the University to admit to any course of study a larger number of students, than that may be determined by the Ordinances.
8. (1) The Governor, Arunachal Pradesh shall be the Chancellor of the University. (2) The Chancellor shall, by virtue of his office, be the head of the University and shall, if present, preside over the Convocations of the University held for conferring degrees. (3) The Chancellor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the University, its buildings laboratories and equipment and of any College or Institution maintained by the University or admitted to its privileges or an approved Institution and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the Administration or finances of the University, Colleges or Institutions. (4) The Chancellor shall, in every case give notice of his intention to cause an inspection or inquiry to made; (a) to the University, if such inspection or inquiry is to be made in respect of the University, College or Institution maintained by it ; or (b) to the Governing Body of the Colleges or Institution, through the Vice-Chancellor if the inspection or inquiry is to be made in respect of College or any Institution or an Approved Institution admitted to the privileges of the University no maintained by the University, and the University or Governing Body as the case may be, shall on receipt of such notice, have the right to make such representation to the Chancellor as it may consider necessary. (5) After considering the representations, if any, made by the University or the Governing Body as the case may be, the Chancellor may cause to be made such inspection or inquiry as is referred to in sub-section-(2) of this Section. (6) Where any inspection of inquiry has been caused to be made by the Chancellor, the University or the Governing Body as the case may be shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry. (7) The Chancellor, may, if the inspection or inquiry is made in respect of the University of any College or Institution maintained by it, address the Vice-Chancellor with reference to the result of such inspection or inquiry and the Vice-Chancellor with reference to the result of such inspection or inquiry and the Vice-Chancellor shall communicate to the Executive Council the views of the Chancellor may be pleased to offer upon the action to be taken thereon. (8) The Chancellor may, if the inspection or inquiry is made in respect of any College or Institution or an Approved Institution admitted to the privileges of the University, address the Governing Body concerned through the Vice-Chancellor with reference to the result of such inspection or enquiry, his views thereon and such advice as he may be pleased to offer upon the action to be taken thereon. (9) The Executive Council or the Governing Body as the case may be, shall communicate through the Vice-Chancellor to the Chancellor such action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry. (10) Where the Executive Council or the Governing Body does not within any reasonable time take action to satisfaction of the Chancellor, the Chancellor may, after considering any explanation furnished or representation made by the Executive Council or Management issue such directions as he may think fit and the Executive Council or Management as the case may be, shall comply with such directions. (11) Without prejudice to the foregoing provisions of this section, the Chancellor may, by order in writing, annul any proceedings of the University which is not in conformity with this Act, the Statutes or Ordinances. (12) Every proposal for the conferment of a honorary degree shall be subject to the confirmation of the Chancellor. (13) The Chancellor may, at such intervals as he may decide, appoint Committees to recommend the annual grants to be paid to the University for fulfillment of its objectives : Provided that before making any such order, the Chancellor shall call upon the University to show cause why such an order shall not be made, and if any cause is shown within a reasonable time he shall consider the same. (14) The Chancellor shall exercise such other powers and perform such other functions as may be conferred on or vested in him by or under the provisions of the Act or be prescribed by the Statutes.
9. The following shall be the officers of the University : (1) The Chancellor (2) The Vice-Chancellor (3) The Pro-Vice Chancellor, if any ; (4) The Deans of the Faculties ; (5) The Registrar ; (6) The Controller of Examinations ; (7) The Finance Officer ; and (8) Such other officers as may be declared by the Statutes to be officers of the University.
10. (1) The Vice-Chancellor shall be appointed by the Chancellor from among a Panel of not less than three persons who shall be recommended by a committee in alphabetical order without indicating any order of preference. The Committee shall consist of the following persons namely :- (a) a nominee of the Chancellor, who shall act as the convenor of the Committee ; (b) a nominee of the Executive Council ; (c) a nominee of the State Government ; (d) a nominee of the Chairperson of the University Grants Commission, and three members shall form a quorum of the meeting of the Committee : Provided that none of the members of the committee shall be an employee of the University or member of any authority of the University connected with any approved Institution or College or Institution recognized by or associated with the University. Provided further that if the Chancellor does not approve any of the persons included in the Panel, he may call for a fresh Panel from the Committee. (2) (a) The Vice-Chancellor shall hold office for five years from the date on which he enters office or till he attains the age of 65 years whichever is earlier, unless sooner removed by an order passed by the Chancellor and shall subject to the provisions of this Section shall not be eligible for appointment for any further term : Provided that a Vice-Chancellor shall not be removed from office except by an order of the Chancellor, without giving him an opportunity to cause, and accept on the ground of incapacity mismanagement, misconduct or misuse of power proved by an Enquiry to be held by a sitting or retired Judge of the Supreme Court or a High Court appointed by the Chancellor. (b) Notwithstanding the provisions of clause (a) of this sub-section, the Chancellor may allow a Vice-Chancellor whose appointment comes to an end either on expiry of the term of five years or on his attaining the age of 65 years, to continue in office till his successor is appointed and enters upon his office : Provided that the Vice Chancellor shall not continue as such for a period exceeding six months. (3) The Vice-Chancellor may, by writing under his hand addressed to the Chancellor, resign his office. (4) The Vice-Chancellor shall be the Principal Academic and Executive Officer of the University and shall rank next to the Chancellor and shall exercise general supervision and control over the affairs of the University and give effect to the decision of all the authorities of the University. He shall also exercise such other powers and perform such other duties as may be delegated to him by any authority or body of the University or as may be prescribed by Statutes, Ordinance or Regulations. (5) The Vice-Chancellor may if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority the action taken by him on such matter – Provided that if the authority concerned is of opinion that such action ought not to have been taken it may refer the matter to the Chancellor whose decision thereon shall be final: Provided that any person in the service of the University who is aggrieved by the action taken by the Vice- Chancellor under this sub-section shall have the right to appeal against such action to the Executive Council within three months from the date on which decision on such action is communicated to him and Executive Council may confirm, modify or reverse the action taken by the Vice- Chancellor. (6) The Vice-Chancellor shall be a whole time salaried officer of the University. (7) The emoluments and other terms and conditions of service of the Vice-Chancellor shall be prescribed by the Statutes. (8) The Vice-Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Executive Council with the approval of the Chancellor from time to time. (9) The Vice-Chancellor shall exercise any other power and shall perform any other power as may be prescribed by the Statutes. (10) If the Vice-chancellor by reason of his leave, illness or any other cause is temporarily unable to exercise the powers and perform the duties of his office or if a vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation or expiry of the term of his office or otherwise, then during the period of such temporary inability, or pending the appointment of Vice-Chancellor as the case may be, the Pro-Vice-Chancellor, if there be any, shall exercise the powers and perform the current duties of the Vice-Chancellor : Provided that if for the time being there is no Pro-Vice-Chancellor, the Chancellor may appoint the senior most Dean of the Faculty and if there is no Dean in the University for the time being seniormost Professor to exercise the powers and to perform the current duties of the Vice-Chancellor.
11. (1) The Executive Council may, if it is deemed expedient to do so, appoint a Pro-Vice-Chancellor for such term as be decided by the Executive Council and the Pro-Vice-Chancellor shall have powers and perform such duties as may be prescribed by the Statutes. (2) The Executive Council may instead of appointing a full time Pro-Vice-Chancellor appoint a Professor, on the recommendation of the Vice-Chancellor to be a part-time Pro-Vice-Chancellor in addition to his own duties as Professor. (3) The emoluments and other terms and conditions of the Pro-Vice-Chancellor shall be prescribed by the Statutes.
12. Every Dean of the Faculty shall be appointed in such manner and shall exercise such power and perform such duties as may be prescribed by the Statutes.
13. (1) The Registrar shall be appointed in such manner as may be prescribed by the Statutes. (2) The Registrar shall have the power to sign documents and authenticate records on behalf of the University and shall exercise such other powers and perform such other duties, as may be prescribed by the Statutes.
14. The Finance Officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
15. The manner of appointment, and powers and duties of other officers of the University shall be prescribed by Statutes.
16. The following shall be the authority of the University: (1) The Court (2) The Executive Council (3) The Academic Council (4) The Planning Board (5) The Finance Committee (6) The Faculties ; and (7) Such other authorities as may be declared by the Statutes to be Authorities of the University.
17. (1) The Court shall consist of the following persons, namely : (i) The Chancellor (ii) The Vice-Chancellor (iii) The Pro-Vice-Chancellor (iv) The Deans’ of the faculties of Post Graduate classes ; (v) Heads of Post-Graduate departments ; (vi) Secretary (Education), Government of Arunachal Pradesh ; (vii) Secretary (Finance), Government of Arunachal Pradesh or his nominee, not below the rank of Deputy Secretary ; (viii) Directors of Higher and Technical Education ; (ix) Principals of affiliated colleges by rotation to be nominated by the Vice-Chancellor in order of seniority ; (x) Principal of constituent colleges, if any ; (xi) Two professors (other than Heads of Departments) ; Two Readers and Two Lecturers to be nominated by rotation by the Vice-Chancellor. Of these six persons at least two shall be women. (xii) Two post graduate students (one of them shall be women) having good academic record to be nominated by the Vice-Chancellor : Provided that student to be so elected must have been a student of the University for atleast one year prior to his election: Provided further that no student who has taken more than one year in excess of the period prescribed for the course of which he is a student would be eligible for such election. (xiii) One officer to be nominated by the Vice-Chancellor ; (xiv) One non-teaching employee of the University to be nominated by the Vice-Chancellor ; (xv) Three Lecturers from affiliated colleges by rotation to be nominated by the Secretary, Department of Education of the State Government. (xvi) Three members of the Arunachal Pradesh Legislative Assembly to be nominated by the Speaker of the Assembly. (xvii) Three senior teachers of Higher Secondary Schools to be nominated by the Director of Secondary Education: Five persons including two women, distinguished in literature, art, law, science, medicine, engineering, industry, commerce, social service and public life to be nominated by the Chancellor. (2) The terms of members other than Ex-officio members shall be three years. (3) The Court shall meet at least once a year, other than for convocation on a date to be fixed by the Vice-Chancellor. The Court may also meet more than once at such time ; as it may from time to time decide. (4) The Vice-Chancellor, may whenever he thinks fit, and shall upon a requisition signed by not less than one third of the total number of members convene a meeting of the Court. Such meetings on the requisition shall be held, within fifteen days of the receipt of the requisition. (5) Twelve members shall form the quoram of the meeting of the Court : Provided that no such quoram shall be required at a Convocation. (6) The Court shall be an advisory body and subject to the provision of the Act, the Court shall have the following powers and functions, namely: (a) to review from time to time the board policies and programmes of the University and to suggest measures for improvement and development of the University. (b) to consider and pass resolution on annual report and the annual account of the University and the audit report on such account. (c) to advise the Chancellor in respect of any matter which may be referred to it for advice ; and (d) to perform such other functions as may be prescribed by the Statutes.
18. (1) The Executive Council shall be the principal executive body of the University and shall consist of the following members :- (i) The Vice-Chancellor ; (ii) The Pro-Vice-Chancellor, if any ; (iii) The Secretary, Education, Government of Arunachal Pradesh ; (iv) The Secretary, Finance, Government of Arunachal Pradesh ; (v) Two Deans of faculties by rotation on the basis of seniority, to be nominated by the Vice-Chancellor ; (vi) One Professor (other than a Dean) by rotation to be nominated by the Vice- Chancellor on the basis of seniority ; (vii) One Associate Professor, by rotation to be nominated by the Vice-Chancellor on the basis of seniority. (viii) One Principal of the affiliated colleges by rotation to be nominated by the Secretary, Education Department of the Government of Arunachal Pradesh ; (ix) Two members of whom one should be a women to be nominated by the Chancellor; (x) A nominee of the Chairperson of the University Grants Commission; (xi) Two senior Professors of other Universities to be nominated by the Vice-Chancellor in consultation with the Vice-Chancellor of the University concerned. (2) Six persons of the Executive Council shall form a quorum for meeting of the Executive Council. (3) The Executive Council shall hold, control and administer the property and fund of the University and shall conduct all administrative affairs of the University not otherwise provided for. (4) The Executive Council shall exercise such other powers and perform such duties as may be prescribed by the Statutes. (5) The term of the members other than the ex-officio members shall be three years.
19. (1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and ordinances, coordinate and exercise general supervision other the academic policies of the University. The Academic Council shall keep under review the maintenance of standards of instruction, education, research, training and examination within the University. (2) The Academic Council shall consist of the following members :- (i) The Vice-Chancellor ; (ii) The Pro-Vice-Chancellor, if any (iii) The Controller of Examination ; (iv) The Deans of the faculties ; (v) All Heads of the Departments of the University ; (vi) Where there is no department in a subject in the University, the senior teachers from the affiliated colleges, in that subject shall be nominated by the Secretary, Education Department of the Government of Arunachal Pradesh ; (vii) One Professor of each Department of the University other than the Heads of Departments to be nominated by the Vice-Chancellor ; (viii) All Principals of affiliated/constituent colleges ; (ix) Director of Higher & Technical Education or his nominee, not below the rank of Joint Director ; (x) Three persons of academic eminence to be nominated by the Chancellor from outside the University. (3) The terms of the members of the Academic Council other than the ex-officio members shall be three years. (4) One third of the members shall form the quorum for a meeting. (5) The Academic Council shall exercise such powers and perform such duties as may be prescribed by the Statutes.
20. (1) There shall be constituted a Planning Board of the University which shall be the principal planning body of the University, and also be responsible for the monitoring of the developments of the University on the lines indicated in the objectives prescribed. (2) The Executive Council shall consider the recommendations of the Planning Board, where considered necessary in consultation with the Academic Council and take decision on the same. (3) The Planning Board shall consist of the following: (i) The Vice-Chancellor (ii) The Pro-Vice-Chancellor (iii) The Secretary, Department of Planning, Government of Arunachal Pradesh ; (iv) Two Deans of Faculties to be nominated by the Vice-Chancellor (v) One Professor other than a Dean to be nominated by the Vice-Chancellor (vi) One Head of the Department, other than Dean and Professor, to be nominated by the Vice-Chancellor ; (vii) One Principal out of Principals of affiliated colleges, by rotation to be nominated by the Vice-Chancellor (viii) Two outside experts, experienced in University Planning Administration and academic affairs to be nominated by the Chancellor ; (4) The term of office of the members, other than the ex-officio members shall be three years. (5) One third of the members shall form the quorum for a meeting. (6) The Planning Board shall exercise such powers and perform such duties as may be prescribed by the Statutes.
21. (1) The Finance Committee shall consist of the following:- (i) The Vice-Chancellor (ii) The Pro-Vice-Chancellor, if any ; (iii) The Secretary, Finance Department of the Government of Arunachal Pradesh. (iv) The Secretary, Education Department of the Government of Arunachal Pradesh. (v) One Principal affiliated/constituent college to be nominated by the Vice-Chancellor ; (vi) One Dean to be nominated by the Vice-Chancellor ; (vii) Finance Officer of the University. (2) All members of the Finance Committee other than the ex-officio members shall hold office for a term of three years. (3) Four members shall form the quorum for a meeting of the Finance Committee. (4) The powers and functions of the Finance Committee shall be prescribed by the Statutes.
22. The constitution, powers and functions of the faculties shall be prescribed by the Statutes.
23. The constitution, powers and functions of other authorities as may be declared by the Statutes to be authorities of the University, shall be prescribed by the Statutes.
24. (1) There shall be Selection Committees for making recommendations to the Executive Council for appointment to the posts of Professors, Associate Professors, Assistant Professors, Registrar, Controller of Examinations, Finance Officer, Librarian and any other officers of the University, as may be provided by the Statutes. (2) The composition of the selection committees, the procedure to be followed by the Selection Committee in making the recommendations, the power of the Executive Council in making appoints etc. shall be prescribed by the Statutes.
25. Subject to the provisions of this Act the Statutes may provide for all or any of the following matters namely : (a) The constitution, powers and functions of the authorities and other bodies of the University, as may be constituted from time to time ; (b) The election and continuance in office of the members of the said authorities and bodies, the filling of vacancies of members, and all other matters relative to those authorities and other bodies for which it may be necessary or desirable to provide ; (c) The appointment, powers and duties of the officers of the University and their emoluments ; (d) The appointment of teachers of the University and other academic staff and their emoluments ; (e) The appointment of teachers and other academic staff working in and other University or organization for a Specified period for an approved programme ; (f) The conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action ; (g) The principles governing seniority of service of employees ; (h) The procedure for arbitration in cases of dispute between employees or students and the University ; (i) The procedure for appeal to the Executive Council by any employee or student against the action of any officer or authority of the University. (j) The participation of students in the affairs of the University. (k) The conferment of honorary degrees ; (l) Code of Ethics for its teachers and the categories of misconduct for which any action may be taken ; (m) The manner in which the assessment of its teachers be done at prescribed intervals ; (n) The institution of fellowships (including travelling fellowships), scholarships, studentships, medal and prizes ; (o) The maintenance of discipline among the students ; (p) The establishment and abolition of Faculties, Departments, Hostels, Colleges, and Institutions ; (q) The conditions under which Colleges and Institutions may be admitted to the privileges of the Universities and the withdrawal of such privileges ; (r) The management, supervision and inspection of colleges and institutions established or maintained by the University ; (s) The constitution of the Governing Bodies of colleges and institutions admitted to the privileges of University and the supervision and inspection of such colleges and institutions. (t) The constitution of Governing Bodies of Approved Institutions admitted to the privileges of the University and supervision and inspection of such Institutions ; (u) The extent of the autonomy which a campus or Colleges or Institutions declared as an Autonomous Campus or Colleges or Institutions under Clause (18) of Section 5, may have and the matters in relation to which such autonomy may be exercised ; (v) The delegation of powers vested in the authorities or officers of the University. (w) The medium of instruction and examination ; (x) The award of degrees, diploma, certificates and other academic distinction the qualifications for the same and the means to be taken relating to the granting and obtaining of the same. (y) The withdrawal of degrees, diplomas, certificates and other academic distinctions for good and sufficient reasons. (2) The establishment of Campuses, Special Centres, specialized laboratories and other units for research, training and instruction. (a) the manner of cooperation and collaboration with other Universities and authorities including learned bodies or associations ; (b) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University ; (c) constitution and terms of reference of the Grievance Committee for its employees and students ; (d) constitution and terms of reference of the Joint Consultative Machinery to be set up for its employees ; and (e) all other matters which by this Act are to be or may be provided by the Statutes.
26. (1) The first Statutes are those set out in the second schedule. (2) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1) in consultation with Academic Council or Planning Board, as may be expedient. (3) As per provisions of sub-section (2) of this Section, the Executive Council shall not make, amend or repeal any Statutes affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity to express an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Council. (4) Every new Statute or addition to the Statutes or any amendment or repeal of the statute shall require the approval of the Chancellor who may assent thereto or withheld assent or remit to the Executive Council for consideration. (5) A new Statutes or a Statute amending or repealing an existing statute shall not be valid unless it has been assented to by the Vice-Chancellor. (6) Notwithstanding anything contained in the foregoing sub-section, the Chancellor may make new or additional statutes or amend or repeal the Statutes referred to in sub-section (1), during the period of three years immediately after the commencement of this Act. (7) As per provisions of sub-section (6) of this section, on the expiry of the said period of three years, the Chancellor may make within one year from the date of such detailed Statutes, as he may consider necessary and such detailed statutes shall be laid before the Legislative Assembly of Arunachal Pradesh. (8) The Chancellor may propose to the University to prepare a Statutes on a specified item. However, if the Executive Council is unable to accept the proposal of the Chancellor, it may give reason therefore, and the decision of the Chancellor will be final.
27. (1) Subject to the provisions of this Act and the Statute, the Ordinances may provide for all or any of the following matters, namely : (a) The admission of students to the University and their enrolment as such. (b) The course of study to be laid down for degrees, diplomas and certificates of the University. (c) The award of degree, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same. (d) The conduct of examinations, including the term of office and of appointment and the duties of examining bodies, examiners and moderators ; (e) The conditions of residence of the students of the University. (f) The special arrangements, if any, which may be made for the residence, discipline and teaching of women students and prescribing of special courses of studies for them ; and (g) All other matters which by this Act or the Statutes may be provided for by the Ordinances. (2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Chancellor and the Ordinances so made may be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes.
28. The authorities of the University may make Regulations consistent with this Act, the Statutes and the Ordinances for the conduct of their own business and that of the Committees appointed by them and not provided for by this Act, the Statutes or the Ordinances in the manner prescribed by the Statutes.
29. (1) The annual report of the University shall be prepared under the direction of the Executive Council and shall be submitted to the Court on or after such date as may be prescribed by the Statutes and the Court shall consider report in its annual meeting. (2) The Court shall submit the annual report to the Chancellor alongwith its comments, if any. (3) A copy of the Annual Report as prepared under sub-section (1) shall also be submitted to the State Government.
30. (1) The annual accounts and balance-sheet of the University shall be prepared under directions of the Executive Council and shall once, at least every year and at intervals of not more than fifteen months be audited by the Director of Accounts or by any other authorities as may be directed by the State Government. (2) The annual accounts when audited shall be published in the Official Gazette and a copy of the accounts together with the report of the Director of Accounts or any other authorities as may be directed by the State Government shall be submitted to the Court and the Chancellor alongwith the observations of the Executive Council. (3) Any observations made by the Chancellor or the annual accounts shall be brought to the notice of the Court and the observations of the Court, if any, shall after being considered by the Executive Council, be submitted to the Chancellor. (4) A copy of the Annual Report as prepared under sub-section (1) shall also be submitted to the State Government.
31. (1) Every employee or a teacher shall be appointed under a written contract with shall be lodged with the University and a copy of which shall be furnished to the employee or the teacher concerned. (2) Any dispute arising out of a contract between the University or its employees or teachers, shall, at the request of the employee or the teacher as the case may be or at the instance of the University be referred to a Tribunal consisting of one member appointed by Executive Council, one member nominated by the employee or the teacher concerned as the case may be and one member appointed by the Chancellor who shall be the Chairman of the Tribunal. (3) The decision of the Tribunal shall be final and shall not be questioned in any Court of law. (4) No suit or proceeding shall lie in any Court of law in respect of any matter which is required by sub-section (2) to be referred to the Tribunal. (5) The Tribunal shall have power to regulate its own procedure. (6) Nothing contained in any law for the time being in force relating to arbitration shall apply to the proceedings before the Tribunal.
32. (1) Any student or candidate for an examination whose name has been removed from the rolls of the University by orders or resolution of the Vice-Chancellor, Discipline Committee or Examination Committee, as the case may be, and who has been debarred from appearing at the examination of the University for more than one year may, within 10 days of the date of receipt of such orders or copy of such resolution by him appeal to the Executive Council and the Executive Council may confirm, modify or reverse the decision of the Vice-Chancellor of the Committee as the case may be. (2) Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such students, where referred to a Tribunal or Arbitration under the provisions of sub-section (2) of section 30 shall as for as may apply to reference made under this sub-section.
33. Every employee or student of the University or of a college or Institution maintained by the University shall notwithstanding anything contained in this Act, have a right to appeal with such time as may be prescribed by the Statutes, to the Executive Council against the decision of any officer or authority of the University or of the Principal of the management of any such college or Institution as the case may be and thereupon the Executive Council may confirm, modify or reverse the decision appealed against.
34. (1) The University shall constitute for the benefit of the employees such pension or provident funds or provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes. (2) Where such provident or pension fund has been so constituted, the State Government may declare that the provision of the Provident Fund Act, 1925 shall apply to such funds, as if it were a General Provident Fund.
35. If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or other body of the University the matter shall be referred to the Chancellor whose decision thereon shall be final.
36. Where any authority of the University is given power by this Act or the Statutes to appoint Committees, such Committees shall, save as otherwise provided consist of the members of the authority concerned and of such other persons (if any) as the authority in each case may think fit.
37. All casual vacancies among the members (other than ex-officio members) of any authority or other body of the University shall be filled, as soon as conveniently may be, by the person or body who appoints, elects or coopts the member whose place has become vacant and person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.
38. No act or proceedings of any authority or other body of the University shall be invalidated merely by reason of existence of a vacancy or vacancies among its members.
39. No suit or other legal proceedings shall lie against any officer or employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provision of this Act, the Statutes or Ordinance.
40. A copy of any receipt, application, notice, order proceedings, 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, proceedings or resolution, document or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein were the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the Indian Evidence Act, 1872 or in any other law for the time being in force.
41. If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing difficulty but, no such order shall be made under this section after the expiry of three years from the commencement of this Act.
42. Notwithstanding anything contained in this Act and the Statutes:- (a) the first Vice-Chancellor shall be appointed by the Chancellor, with the prior approval of the Visitor and he shall hold office for a term of five years; (b) the first Registrar and the first Finance Officer shall be appointed by the Chancellor and each of the said officer shall hold office for a term of three years. (c) the first Court and the first Executive Council shall consist of not more than twenty members and twelve members respectively who shall be nominated by the Chancellor and shall hold office for a term of three years. (d) the first Planning Board shall be constituted by the Chancellor in consultation with the University Grants Commission and its members shall hold office for a term of three years. The Planning Board, with the Co-operation of such members as it may decide will exercise the powers of Academic Council, till such time the Academic Council is constituted : Provided that if any vacancy occurs in the above officers or, authorities, the same shall be filled by appointment or nomination as the case may be, by the Chancellor as the case may be and the persons so appointed or nominated shall hold office for a so long as the officer or member in whose place he is appointed or nominated would have held office if such vacancy had not occurred. (e) the first Finance Committee shall consist of no more than seven members, who shall be nominated by the Chancellor and shall hold office for a term of three years.
43. (1) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette. (2) Every Statute, Ordinance or Regulation made under this Act shall be laid as soon as may be after it is made before the State Legislative Assembly of Arunachal Pradesh. (3) The power to make Statutes, Ordinances or Regulations shall include the power to give retrospective effect from a date no earlier than the Arunachal Pradesh University Act, 2012 the Statutes, Ordinances and Regulations or any of them, but no retrospective effect shall be given to any Statute, Ordinance or Regulation so as to prejudicially affect the interest of any person to whom the Statutes, Ordinances or Regulations may be applicable.
44. Notwithstanding anything contained in this Act any decision given, order made, any action taken or any proceedings commenced under any of the provisions of the Act or Rules, Statutes, Ordinances, Regulations in force immediately before the commencement of this Act, shall in so far as they are no inconsistent with the provisions of this Act shall continue to be in force and shall be deemed to have been given, made, done, taken or commenced under the provisions of this Act.