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Section 22: Finance Committee

Damodaram Sanjivayya National Law University Act, 2008State Act of Andhra Pradesh · Act 32 of 2008

(1) The Finance Committee shall consist of the following members:-

(i) Vice-Chancellor;

(ii) Registrar;

(iii) Two members to be nominated by the Executive Council from among its members.

(2) The Term of Members of the Finance Committee shall be three years.

(3) A Member shall cease to be a member of Finance Committee if he ceases to be a member of the Executive Committee or if he ceases to hold the post of Vice-Chancellor.

(4) The powers and functions of the Finance Committee shall be as follows:

(i) to examine and scrutinize the annual budget of the University and to make recommendations in financial matters to the Executive Council.

(ii) to consider all proposals for new expenditure and to make recommendations to the Executive Council;

(iii) to consider periodical statement of accounts and to review the finances of the University from time to time and to consider re-appropriation statements and audit reports and to make recommendations to the Executive Council;

(iv) to give its views and to make recommendations to the Executive Council on any financial matters affecting the University either on its own motion or on reference from the Executive Council or the Vice-Chancellor.

(5) The Finance Committee shall meet at least thrice in ever year. Three members of the Finance Committee shall form the quorum for a meeting.

(6) The Vice-Chancellor shall preside over the meeting of the Finance Committee or in his absence the Registrar shall preside.

23. Planning and Monitoring Board- (1) There shall be a Planning and Monitoring Board consisting of,-

(i) Vice-Chancellor (Chairman);

(ii) Director of Campuses established under this Act;

(iii) Four Members among the Heads of Departments, University Professors nominated by the Vice-Chancellor;

(iv) Two eminent legal Scholars nominated by the Vice- Chancellor.

(v) A nominee of the University Grants Commission;

(vi) A Member of Bar Council of India representing the State of Andhra Pradesh;

(2) The Board shall be the Principal Planning and Reviewing Body and it shall also arrange for periodical monitoring and development programmes in teaching and research in the University.

CHAPTER IV Officers of the University

24. Officers of the University - The following shall be the Officers of the University;

(i) Director of Campus,

(ii) Registrar;

(iii) Heads of the Departments;

(iv) Such other officers of the University as may be declared by the regulations to be officers of the University.

25. Director of Campuses - (1) There shall be a Director for each campus who shall be appointed by the Chancellor from a panel of names recommended by the Executive Council in such manner as may be prescribed.

(2) The terms and conditions of appointment of Director shall be such as may be prescribed.

26. Powers and duties of Director - The Director shall,-

(1) exercise general supervision and control over the affairs of campus.

(2) he shall be responsible for imparting of instruction and maintenance of discipline in the campus.

(3) exercise such other powers and perform such other duties as may be prescribed.

27. Registrar - (1) An academician shall be appointed as Registrar by the Chancellor on the recommendation of the Selection Committee constituted by the Executive Council and headed by the Vice-Chancellor on such terms and conditions of service as may be specified subject to the provisions of Statutes and Regulations.

(2) (i) The Registrar shall be Ex-Officio Secretary of all the authorities, committees and other bodies of the University and shall also be the Convener of all the meetings. He shall note and maintain the minutes of meetings;

(ii) The Registrar shall be the principal adjutant of the Vice- Chancellor in all matters pertaining to the administration of the University. The Executive Council may entrust to him special responsibilities and powers;

(iii) The Registrar shall have the power to appoint, with the approval of the Vice-Chancellor, the non teaching staff, including employees of last grade service and contingent staff, in pursuance of the recommendations of the Selection Committee appointed for that purpose, in the prescribed manner. He shall be the competent authority to take disciplinary action against such employees in accordance with such procedure as may be prescribed;

(iv) The Registrar shall comply with all directions and orders of the Executive Council and Vice-Chancellor;

(v) The Registrar shall be the custodian of records, common seal and such other property of the University as the Executive Council shall commit to his charge.

28. Heads of the Departments - (1) There shall be Heads of the Department for each subject or faculty in the University.

(2) The powers, functions, appointments and conditions of service of the Heads of the Departments shall be such as may be prescribed by the Regulations.

29. Other officers and employees of the University - (1) Subject to the Regulations made for the purpose, every officer or employee of the University shall be appointed in accordance with a written contract, which shall be lodged with the University, and a copy thereof shall be furnished to the officer or employee concerned.

(2) Any dispute arising out of a contract between the University and any of its officers or employees shall, at the request of the officer or the employee concerned or at the instance of the University, be referred to a Tribunal for arbitration consisting of three members appointed by the Executive Council as may be prescribed by the Regulations.

30. Selection Committee - The Executive Council shall constitute various selection committees for appointment to the posts of officers, teaching and non-teaching staff including employees of last grade service and contingent staff. The procedure for appointment of members of Selection Committee and the procedure to be adopted by the Committees shall be such as may be prescribed by the Regulations.

31. Statutes and Regulations - (1) The first Statutes of the University shall be made by the Vice-Chancellor with the approval of the Chancellor. They shall be placed before the General Council at its first meeting, which may adopt them with or without modifications. Subsequent amendments or modifications in the Statutes shall be made by the Executive Council with the approval of the General Council.

(2) The First Regulations of the University shall be made by the Vice- Chancellor with the approval of the Chancellor. It shall be placed before the Executive Council at its first meeting, which may adopt with or without modifications. Subsequent amendments or modifications in the regulations shall be made by the Executive Council and it shall be reported to the General Council.

32. Appointment of first Vice-Chancellor and first Registrar - Notwithstanding anything in this Act and the Statutes, the first Vice- Chancellor and the first Registrar shall be appointed by the Government and their salary and conditions of service shall also be fixed by it. Each of the said officers shall hold office for a term, fixed by the Government but not exceeding five years.

33. Terms and conditions of employees - The terms and conditions of service (including contract service) and the redressal of grievances relating thereto, of teachers, officers and employees of the University shall be such as may be prescribed by the regulations.

CHAPTER V Finance

34. University Fund - (1) The University shall establish a fund to be called the University Fund.

(2) The following shall form part of, or be paid into, the University Fund namely:-

(a) all contributions or grants made by the State Government, the Central Government, the Bar Council of India, the Bar Council of Andhra Pradesh and the University Grants Commission;

(b) the income of the University from all sources including income from fees and charges;

(c) all income or money from trusts, bequests, donations, endowments, subventions and other grants.

(3) The University fund shall at the discretion of the Executive Council, be kept in a Scheduled Bank as defined in the Reserve Bank of India Act, 1934 or in a corresponding new Bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act. 1970, and the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, or may be invested in such securities authorized by the Indian Trusts Act, 1882.

(4) The University Fund may be expended for such purpose of the University and in such manner, as may be prescribed by regulations.

35. Annual Accounts and financial estimates - (1) The Annual accounts of the University shall be prepared under the directions of the Executive Council.

(2) The Executive Council shall prepare, before such date as may be prescribed by regulations, the annual financial estimates for the ensuing year and place the same before the General Council.

(3) Where an expenditure in excess of the amount provided in the budget is required to be incurred, the Executive Council may, for reasons to be recorded in writing incur expenditure subject to such conditions and restrictions as may be prescribed by the regulations and a report of such excess expenditure shall be made to the General Council at its next meeting.

1[(4) The accounts of the University shall be audited by the Accountant General, Andhra Pradesh or any other auditor appointed by him.]

(5) The accounts together with the audit report shall be placed before the Executive Council and shall also be submitted to the State Government.

(6) The annual accounts and the Financial Estimates shall be considered by the General Council at its annual meeting. The General Council may pass resolutions with reference thereto and communicate the same to the Executive Council, which shall take them into consideration and take such action thereon as it thinks fit. The executive Council shall inform the General Council at its next meeting of the action taken by it or its reasons for taking no action.

36. Annual Report - (1) The Executive Council shall prepare the annual report containing such particulars as the General Council may specify, covering each financial year, and shall be submitted to the General Council on or before such date as may be prescribed by regulations. The General Council shall consider such report and may pass resolutions thereon and the Executive Council shall take such action in accordance with the resolution. The action taken by the

1. Substituted by Act No.1 of 2019, s 3.

Executive Council or if no action is taken, the reasons for taking no action shall be communicated to the General Council at its meeting.

(2) The Copy of the annual report along with the resolution of the General Council thereon shall be submitted to the State Government. The State Government shall lay the same before the State Legislature at its next session.

CHAPTER VI Enrolment and Degree

37. Qualification for admission of students - (1) No student shall be enrolled as a student of the University, unless be possess such qualifications as may be prescribed by the regulations.

38. Residence of students - A student of the University shall study on such terms and conditions as may be prescribed by the regulations.

39. Honorary degree - The General Council may, on the recommendations of not less than two-thirds of members of the Academic Council, confer by resolution, honorary degree or academic distinction, on person who has eminent attainment and position.

40. Withdrawal of degree or diploma - (1) The General Council may, on the recommendation of the Executive Council, withdraw any distinction, degree, diploma or privilege conferred on, or granted to any person who has been convicted by a court of law for an offence involving moral turpitude or if he has been guilty of gross misconduct, by a resolution passed by majority of the total membership of the General Council and by a majority of not less than twothirds of the members of the General Council present and voting.

(2) No action under sub-section (1) shall be taken against any person unless he has been given an opportunity to show cause against the action proposed to be taken.

(3) The resolution so passed by the General Council shall take effect immediately and the copy of the same shall be sent to the person concerned.

41. Discipline among students - (1) The Vice-Chancellor shall be the final authority for maintenance of discipline among the students of the University.

The directions given by the Vice-Chancellor in this behalf shall be complied with by the Heads of Departments, Schools, Hostels and Institutions.

(2) Notwithstanding anything contained in sub-section (1), the Executive Council may, on the report of the Vice-Chancellor, impose the punishment of debarring a student from an examination or rustication from the college or a hostel or an institution:

Provided that no such punishment shall be imposed without giving the student concerned a reasonable opportunity to show cause against the action proposed to be taken against him.

42. Right to Appeal - Every employee or student of the University shall notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed by the Statutes to the Executive Council against the decision of any officer of the University affecting such employee or student and thereupon the Executive Council may confirm modify or reverse the decision appealed against.

CHAPTER VII Supplementary Provisions 1[43. Filling up of seats – the Seats in the university shall be filled as follows:- Out of the total sanctioned seats,-

(i) fifty percent of the seats shall be filled as per the provisions of the Andhra Pradesh Educational Institution (Regulation of Admissions) Order, 1974;

(ii) forty percent of the seats shall be allotted on all India basis;

(iii) remaining 10 percent of the seats allotted to Foreign Citizens/Non Resident Indians 2[/Non Resident Indians sponsored].]

44. Execution of Contracts - All contracts relating to the management and administration of the University shall be expressed to be made by the Executive Council and such contracts shall be executed on behalf of the Executive Council by the Vice-Chancellor when the value of the contract is more than twenty lakhs of rupees and by the Registrar when its value does not exceed twenty lakhs of rupees.

45. Officers and employees to be public servant - Every Officer and employee of the University shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860(Central Act No. 45 of 1860).

46. Proceedings not invalidated by vacancies - No act or proceedings of any authority of the University or body shall be invalid on the grounds merely of the existence of any vacancy in or any defect in constitution of such authority or body.

47. Protection of action taken in good faith - No suit, shall be instituted against or other legal proceedings shall lie against or no damages shall be claimed from the University, the authority or officer of the University, in respect of anything which is in good faith done or purported to have been done in pursuance of this Act or the regulations.

48. Power to remove difficulties - If any difficulty arises as to the first constitution or reconstitution of any authority of the University after the commencement of this Act or otherwise in giving effect to the provisions of this Act as the Government, may, by order, make such provisions not inconsistent with the provisions of this Act as may appear to them to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made after expiry of five years from the date of commencement of this Act.

49. Repeal of Ordinance 6 of 2008 - The Andhra Pradesh University of Law Ordinance, 2008 is hereby repealed.

1 . Substituted by Act No. 14 of 2016, s 5.

2 . Substituted by Act No. 1 of 2019, s 4.

Where this provision sits

ActDamodaram Sanjivayya National Law University Act, 2008
Section22
Marginal noteFinance Committee
JurisdictionState of Andhra Pradesh
StatusIn force as published by the source

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