(1) The rights conferred on a college by affiliation may be withdrawn in whole or in part or modified if the college has failed to curry out any of the provisions of sub-section (1) of section 35 or the college has failed to observe any of the conditions of its affiliation or the college is conducted in a manner which is prejudicial to the interests of education.
(2) A motion for the withdrawal or the modification of such rights shall be initiated only in the Academic Council The member of the Academic Council who intends to move such a motion shall give notice of it and shall state in writing the grounds on which it is made.
(3) Before taking the said motion into consideration, the Academic Council shall send a copy of the notice and written statement mentioned in sub-section (2) to the Principal of the college concerned together with intimation that any representation in writing submitted within a period specified in such intimation on behalf of the college, will be considered by the Academic Council.
Provided that the period so specified may, if necessary, be extended by the Academic Council.
(4) On receipt of the representation or on the expiry of the period referred to in subsection (3), the Academic Council after considering the notice of motion, statement and representation and after such inspection by competent person or persons authorized by it in this behalf and such further inquiry as may appear to it to be necessary shall make a report to the Board of Management.
(5) On receipt of the report under sub-section (4) the Board of Management shall, after such further inquiry, if any, as may, appear to it to be necessary, record its opinion in the matter;
Provided that no resolution of the Board of management recommending the withdrawal of affiliation shall be deemed to have been passed by it unless the resolution ha obtained the support of two-thirds of the members present at a meeting of the Board of Management, such majority comprising not less than one-half of the members of the Board of Management.
(6) The Registrar shall submit the proposal and all proceedings, if any, of the Board of Management and the Academic Council relating thereto, to the State Government which, after such further inquiry, if any, as may appear to it to be Hkkx 4 ¼d½ jktLFkku jkt&i=] flrEcj 28] 2002 23 ¼73½ necessary, shall make such order as it deems fit and communicate it to the Board of Management.
(7) Where by an order made, under sub-section (6), the rights conferred by affiliation are withdrawn in whole or in part or modified, the grounds for such withdrawal or modification shall be stated in the order.
41. Withdrawal of recognition or approval- (1) The rights conferred on an institution by recognition or approval may be withdrawn or suspended for any period by the Academic Council, if the institution has failed to observe any conditions of its recognition or approval or the work assigned to it, is conducted in a manner which is prejudicial to the interests of education, or the teacher recognized by the University leaves the institution.
(2) Before making an order under sub-section (1) in respect of any recognised or approved institution, the Academic Council shall by notice in writing, call upon the institution to show cause within one month from the date of the receipt of the notice, why such an order should not be made. The period so given for showing the cause may, if necessary, be extended by the Academic Council.
(3) On receipt of the explanation, if any, made by the institution in reply to the notice, and where no such reply is received, on the expiry of the period referred to in sub-section (2), the Academic Council shall, after such inquiry, if any, as may appear to it to be necessary, decide whether the recognition or approval should be withdrawn or as the case may be, suspended and make an order accordingly.
CHAPTER VII POST GRADUATE TEACHING AND RESEARCH CENTER
42. Post- graduate teaching- (1) All post-graduate instruction, teaching, research and training shall be conducted by the University or by such affiliated colleges or institutions and in such subject as may be prescribed by the Statute.
(2) All post- graduate departments and research centres shall ordinarily be located at the headquarters of the University. However, the University may locate any of such departments or centres at a place or places outside its headquarters.
(3) The University may maintain University centres at places other than the headquarters of the University on such terms and conditions, as may be prescribed by the Statutes and Ordinances.
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CHAPTER - VIII FUND AND FINANCE
43. 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:-
(a) any contribution or grant by the State Government, the Union Government, or the University Grants Commission;
(b) the income of the University from all sources including income from fees and charges.
(c) bequests, donations, endowments and other grants, if any;
(3) The University Fund shall be kept in any scheduled bank as defined in the Reserve Bank of India Act, 1934 (Central Act No. 2 of 1934) or the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act No. 23 of 1955) or being such a bank as may be approved by the State Government on the recommendation of the Board of Management.
(44 ). Accounts and audit.- (1) The annual accounts and balance sheet of the University shall be prepared by the Finance and Accounts Officer under the direction of the Vice-Chancellor and all moneys accruing to or received by the University from whatever source and all amount disbursed or paid shall be entered in the accounts.
(2) The Finance and Accounts Officer shall, before such date as may be prescribed by the Statutes, prepare the annual financial estimates for the ensuing year.
(3) The annual accounts and the annual financial estimates prepared by the Finance and Accounts Officer shall be placed before the Board together with the remarks of the Finance and Accounts Committee for approval and the Board may pass resolution with reference thereto and communicate the same to the Finance and Accounts Officer who shall take action in accordance therewith.)
44-A. Control of the State Government.- Where the State Government funds are involved, the University shall abide by the terms and conditions attached to the sanction of such funds which may inter alia include prior permission of the State Government in respect of the following, namely:-
(a) creation of the new posts of teachers, officers or other employees;
(b) revision of the pay, allowances, post-retirement benefits and other benefits to its teachers, officers and other employees;
(c) grant of any additional/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) diversion of any earmarked funds other than the purpose for which it was received;
(e) transfer by sale, lease, mortgage or otherwise of immovable property;
(f) incur expenditure on any development work from the funds received from the State Government for any purposes other than for which the Hkkx 4 ¼d½ jktLFkku jkt&i=] flrEcj 28] 2002 23 ¼75½ funds are received; and
(g) take any decision resulting in increased financial liability, direct or indirect, for the State Government.
Explanation.- The above conditions shall also apply in respect of the posts created from any other fund, which may, in the long term, be likely to cause financial implications to the State Government.
44-B. Assumption of financial control by the State Government as emergency measure.-
(1) The State Government shall have the right to cause an inquiry to be made, by such person or persons as it may direct, and to is sue directions to the University, in respect of any matter connected with the finances of the University, where State Government funds are concerned.
(2) If the State Government is satisfied that owing to maladministration or financial mismanagement in the University a situation has arisen whereby financial stability of the University has become insecure, it may by a notification, declare that the finances of the University shall be subject to the control of the State Government and shall issue such other directions as it may deem fit for the purpose and the same shall be binding on the University.”.
Amendment of section 44& Insertion of new sections 44-A and 44-B according to Bill No. 10 of 2015
44. Annual accounts and financial estimates - (1) The annual accounts of the University shall be prepared under the direction of the Finance and Accounts Committee and shall be submitted to the Board of Management.
(2) The Board of Management shall, after the accounts are audited, submit a copy thereof alongwith a copy of the audit report to the State Government.
(3) The Finance and Accounts Committee shall also prepare, before such date as may be prescribed by the Statutes, the financial estimates for the ensuing year.
(4) The annual accounts and the financial estimates shall be considered by the Board of Management at its annual meeting and the Board of Management may pass resolutions with reference thereto and communicate the same to the Finance and Accounts Committee which shall take them into consideration and take such action therein as it thinks fit, and finally adopt the accounts and financial estimates. The Finance and Accounts Committee shall inform the Board of Management at its next meeting of the action taken by it or of its reasons for taking no action.
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45. Annual Report - The annual report of the University shall be prepared under the directions of the Board of Management and shall be submitted to the Chancellor and the State Government.
CHAPTER - IX MISCELLANEOUS