Control of State Government on universities.

§8

Summary

(1) Without prior approval of the State Government, the university shall not,- (a) create new posts of teachers, officers or other employees; (b) revise the pay, allowances, post-retirement benefits and other benefits of its teachers, officers and other employees; (c) grant any special pay, allowance or other extra remuneration of any description whatsoever, including ex-gratia payment or other benefits having financial implications, to any of its teachers, officers or other employees; (d) divert any earmarked funds received for any purpose other than that for which it was received; (e) transfer by sale or lease of immovable property; (f) incur expenditure on any development work from the funds received from the State Government or University Grants Commission or any person or body for the purposes other than the purposes for which the funds are received; (g) take any decision regarding affiliated colleges resulting in increased financial liability, direct or indirect, for the State Government. (2) The university shall be competent to incur expenditure, in consonance with the policies and directives of the State Government issued from time to time, from the funds received from,- (a) various funding agencies without any share or contribution from the State Government; (b) contributions received from individuals, industries, institutions, organizations or any person whosoever, to further the objectives of the university; (c) contributions or fees for academic or other services offered by the university for aided and self-supporting academic programmes; (d) development fund, or any other fund established by the university; for the purposes of,- (i) creation of posts in various cadres; (ii) granting pay, allowances and other benefits to the posts created through its own funds provided those posts are not held by such persons, who are holding the posts for which government contribution is received; (iii) starting any academic programmes on self-supporting basis; (iv) granting remunerations or incentives to its employees for performing any task assigned to them other than their regular duties and responsibilities; (v) incurring expenditure on any development work and on welfare activities of its students and employees: Provided that, there is no financial liability, direct or indirect, immediate or in future, on the State Government. (3) The State Government may, in accordance with the provisions contained in this Act, for the purpose of securing and maintaining uniform standards in all universities in the State, by notification in the Official Gazette, prescribe a Standard Code providing for the classification, manner and mode of selection, appointment, induction and advance training, field exposure, deputation and reservation of post in favour of members of the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, and Other Backward Classes, duties, workload, pay, allowances, post-retirement benefits, other benefits, conduct and disciplinary matters and other conditions of service of the officers, teachers and other employees of the universities and the teachers and other employees in the affiliated colleges and recognized institutions (other than those managed and maintained by the State Government, Central Government and the local authorities) and the provisions for absorption of teachers and employees in the university departments, affiliated or conducted colleges and institutions who are aided and rendered surplus. However, the unaided teachers and employees who are rendered surplus in university departments, affiliated or conducted colleges and institutions shall not be eligible, for absorption at the aided vacancies in university departments, affiliated or conducted colleges and institutions. Where such Code is prescribed, the provisions made in the Code shall prevail, and the provisions made in the Statutes, Ordinances and Regulations made under this Act, for matters included in the Code shall, to the extent to which they are inconsistent with the provisions of the Code, be invalid. (4) Qualifications and experience for the purpose of appointment of non-teaching employees in the universities, affiliated colleges and recognized institutions (other than those managed and maintained by the State Government, Central Government and the local authorities) shall be as may be specified by the Government, by an order published in the Official Gazette. (5) Notwithstanding anything contained in this Act, if the circumstances so require and the State Government considers it necessary to do so, it may appoint, on deputation, a suitable person possessing the requisite qualifications to perform the duties of the Registrar, Finance and Accounts Officer or the Director of the Board of Examinations and Evaluation, for a period of not more than one year at a time and not more than three years in the aggregate. (6) The State Government through any officer not below the rank of Joint Director, Higher Education or Technical Education shall have right to cause inspection of any affiliated, conducted, or autonomous college, recognized institution or university department. (7) In case of failure of the university to exercise powers or perform duties specified in section 5, or where the university has not exercised such powers or performed such duties adequately, or where there has been a failure to comply with any order issued by the State Government, or under any other circumstances as the State Government may deem fit, the State Government may issue a directive to the university for proper exercise of such powers or performance of such duties or comply with the order; and it shall be the duty of the university to comply with such direction. In case the university fails to comply with the directives, the State Government shall call upon the University to give reasons in writing as to why the directives were not complied with. If the State Government is not satisfied with the explanation, it may refer the matter to the Chancellor for taking necessary action under sub-section (3) of section 9. (8) The State Government shall carry out test audit or full audit of the accounts of a university, college, school or institution, a regularly at such intervals as it may deem fit.

(1) Without prior approval of the State Government, the university shall not,- (a) create new posts of teachers, officers or other employees; (b) revise the pay, allowances, post-retirement benefits and other benefits of its teachers, officers and other employees; (c) grant any special pay, allowance or other extra remuneration of any description whatsoever, including ex-gratia payment or other benefits having financial implications, to any of its teachers, officers or other employees; (d) divert any earmarked funds received for any purpose other than that for which it was received; (e) transfer by sale or lease of immovable property; (f) incur expenditure on any development work from the funds received from the State Government or University Grants Commission or any person or body for the purposes other than the purposes for which the funds are received; (g) take any decision regarding affiliated colleges resulting in increased financial liability, direct or indirect, for the State Government. (2) The university shall be competent to incur expenditure, in consonance with the policies and directives of the State Government issued from time to time, from the funds received from,- (a) various funding agencies without any share or contribution from the State Government; (b) contributions received from individuals, industries, institutions, organizations or any person whosoever, to further the objectives of the university; (c) contributions or fees for academic or other services offered by the university for aided and self-supporting academic programmes; (d) development fund, or any other fund established by the university; for the purposes of,- (i) creation of posts in various cadres; (ii) granting pay, allowances and other benefits to the posts created through its own funds provided those posts are not held by such persons, who are holding the posts for which government contribution is received; (iii) starting any academic programmes on self-supporting basis; (iv) granting remunerations or incentives to its employees for performing any task assigned to them other than their regular duties and responsibilities; (v) incurring expenditure on any development work and on welfare activities of its students and employees: Provided that, there is no financial liability, direct or indirect, immediate or in future, on the State Government. (3) The State Government may, in accordance with the provisions contained in this Act, for the purpose of securing and maintaining uniform standards in all universities in the State, by notification in the Official Gazette, prescribe a Standard Code providing for the classification, manner and mode of selection, appointment, induction and advance training, field exposure, deputation and reservation of post in favour of members of the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, and Other Backward Classes, duties, workload, pay, allowances, post-retirement benefits, other benefits, conduct and disciplinary matters and other conditions of service of the officers, teachers and other employees of the universities and the teachers and other employees in the affiliated colleges and recognized institutions (other than those managed and maintained by the State Government, Central Government and the local authorities) and the provisions for absorption of teachers and employees in the university departments, affiliated or conducted colleges and institutions who are aided and rendered surplus. However, the unaided teachers and employees who are rendered surplus in university departments, affiliated or conducted colleges and institutions shall not be eligible, for absorption at the aided vacancies in university departments, affiliated or conducted colleges and institutions. Where such Code is prescribed, the provisions made in the Code shall prevail, and the provisions made in the Statutes, Ordinances and Regulations made under this Act, for matters included in the Code shall, to the extent to which they are inconsistent with the provisions of the Code, be invalid. (4) Qualifications and experience for the purpose of appointment of non-teaching employees in the universities, affiliated colleges and recognized institutions (other than those managed and maintained by the State Government, Central Government and the local authorities) shall be as may be specified by the Government, by an order published in the Official Gazette. (5) Notwithstanding anything contained in this Act, if the circumstances so require and the State Government considers it necessary to do so, it may appoint, on deputation, a suitable person possessing the requisite qualifications to perform the duties of the Registrar, Finance and Accounts Officer or the Director of the Board of Examinations and Evaluation, for a period of not more than one year at a time and not more than three years in the aggregate. (6) The State Government through any officer not below the rank of Joint Director, Higher Education or Technical Education shall have right to cause inspection of any affiliated, conducted, or autonomous college, recognized institution or university department. (7) In case of failure of the university to exercise powers or perform duties specified in section 5, or where the university has not exercised such powers or performed such duties adequately, or where there has been a failure to comply with any order issued by the State Government, or under any other circumstances as the State Government may deem fit, the State Government may issue a directive to the university for proper exercise of such powers or performance of such duties or comply with the order; and it shall be the duty of the university to comply with such direction. In case the university fails to comply with the directives, the State Government shall call upon the University to give reasons in writing as to why the directives were not complied with. If the State Government is not satisfied with the explanation, it may refer the matter to the Chancellor for taking necessary action under sub-section (3) of section 9. (8) The State Government shall carry out test audit or full audit of the accounts of a university, college, school or institution, a regularly at such intervals as it may deem fit.

← Previous Section Next Section →

Explore this Chapter