Stautes Bare Act | CourtMesh

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Long title	Statutes
Type	Statute
Citation	No. 24 of 1973
Year	1973
Jurisdiction	Central
Ministry	Ministry of Education
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	education

1 THE NORTH-EASTERN HILL UNIVERSITY ACT, 1973 (24 of 1973) AND THE STATUTES OF THE UNIVERSITY (incorporating amendments upto March, 2004) The North-Eastern Hill University Publications SHILLONG 24 THE STATUTES OF THE UNIVERSITY

1. The Chancellor

2. (A) The Vice-Chancellor

2. (B) Powers and duties of the Vice-Chancellor

3. Pro-Vice-Chancellor

4. Registrar

5. Finance Officer

5. (A) Controller of Examinations

6. Deans of Schools of Studies

7. Heads of Departments

8. Dean of Students’ Welfare

9. Proctors

10. Librarian

10. (A) Court

11. Meetings of the Court

12. Executive Council

13. Powers and Functions of the Executive Council

14. Constitution of the Academic Council

14. (A) Quorum for meetings of the Academic Council

15. Powers of the Academic Council

16. The Planning Board

17. Schools of Studies and Departments

18. Boards of Studies

19. Finance Committee

20. Selection Committees

21. Special Mode of Appointment

22. Appointment for a fixed tenure

23. Recognised Teacher

24. Committees

25. Terms and Conditions of Service of University teachers

26. Seniority Lists

27. Removal of Teachers

28. Removal of Employees other than Teachers of the University

29. Honorary Degrees

30. Withdrawal of Degrees etc.

31. Maintenance of discipline among students of the University 25

32. Maintenance of discipline among students of Colleges etc.

33. Admission of Colleges, etc to the privileges of the University

34. Convocation

35. Acting Chairman of meetings

36. Resignations 36(A) Manner of election to various Authorities

37. Disqualifications

38. Residence condition for membership and office

39. Membership of Authorities by virtue of membership of other bodies

40. Alumni Association

41. Ordinances how made

42. Regulations

43. Delegation of Powers

44. Employees Association

45. Students Association

46. Procedure of Arbitration and Appeal 26 THE SCHEDULE (See section 25 (1) of NEHU Act) THE STATUTES OF THE UNIVERSITY These statutes may be called the North-Eastern Hill University Statutes.1 The Chancellor 1. (1) The Chancellor shall be appointed by the Visitor from a panel of not less than three persons recommended by the Executive Council.

Provided that if the Visitor does not approve of any of the persons so recommended, he may call for fresh recommendations from the Executive Council.

(2) The Chancellor shall hold office for a term of five years and shall be eligible for re-appointment.2 The Vice- Chancellor 2(A). (1) (i) The Vice-Chancellor shall be a whole time salaried officer of the University.

(ii) The Vice-Chancellor shall be appointed by the Visitor from a panel of not less than three persons who shall be recommended by a Committee consisting of three members.

Provided that, if the Visitor does not approve of any of the persons so recommended, he may call for fresh recommendations.

(iii) Two members of the Committee shall be persons not connected with the University or an institution recognised by, or associated with the University, nominated by the Executive Council and one member shall be a person nominated by the Visitor who shall also be the Convener of the Committee.

(2) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for reappointment for not more than another term.3

Provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor is appointed and enters upon his office.

________________________________________________________

1. Addition vide Ministry of Education, Govt. of India, Letter No. F.10-16/76-LU (vi) dated 17.7.76.

2. The Statute 1 (i) and (ii) added vide Ministry of Education, Govt. of India, Letter No. F. 8-2/78 Desk (U) dated 14.6.1978. The statutes 1 and 2 stand renumbered 2(a) and 2(b) respectively vide Ministry of Education, Govt. of India, letter No. F.8-35/82-Desk (U) dated 17.8.84.

3. The sub-clauses (ii) and (iii) of Clause (1) of Statute 2 (a) added vide Ministry of Education, Govt. of India Letter No. F. 8- 2/ 78 Desk (U) dated 14.6.1978.

27 THE NORTH-EASTERN HILL UNIVERSITY STATUTES

Provided further that the Visitor may direct that a Vice- Chancellor, whose term of office has expired, shall continue in office for such period, not exceeding a total period of one year, as may be specified in the direction.

(3) Notwithstanding anything contained in clause (2), a person appointed as Vice-Chancellor shall, if he completes the age of sixty-five years during the term of his office or any extension thereof, retire from office.

(4) The Vice-Chancellor shall be paid a salary and other allowances as approved by Government of India/UGC from time to time. Terms and conditions of the service of the Vice- Chancellor shall be in accordance with the Model Ordinance prepared by UGC and amended thereto from time to time in this behalf.1

(5) (i) in the event that the Vice-Chancellor is unable to perform his duties owing to absence, illness or any other cause, the duty of his office shall be performed by the Pro-Vice- Chancellor, or if there is more than one Pro-Vice- Chancellor, by the senior-most Pro-Vice-Chancellor until the Vice-Chancellor attends to the duties of his office.

Provided that if a Pro-Vice-Chancellor is not available, the seniormost Professor shall perform the duties of the Vice-Chancellor.

(ii) If the office of the Vice-Chancellor becomes vacant due to death, resignation, retirement or otherwise, the senior-most Professor shall perform the duties of the Vice-Chancellor until a new Vice-Chancellor assumes office.2 Powers and Duties of the Vice-Chancellor 2(B). (1) The Vice-Chancellor shall be the ex-officio Chairman of the Court, the Executive Council, the Academic Council and the Finance Committee, and shall, in the absence of the Chancellor preside at the Convocations of the University held for conferring degrees. The Vice-Chancellor shall be entitled to be present at, and to address, any meeting of any authority or other body of the University, but shall not be entitled to vote thereat unless he is a member of such authority or body.

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1. Clause (4) of Statute 2(a) is amended vide Ministry of Human Resource Development, Department of Education, G.O.I. letter No. F.8-15/92-Desk-U, dt. 23.2.1998.

2. Clause 5 (i) & (ii) of Statute 2(a) amended vide Ministry of Human Resource Development, Department of Education vide letter No.F.8-40/95-Desk(U), dated 4th November, 1996.

28 THE NORTH-EASTERN HILL UNIVERSITY STATUTES

(2) It shall be the duty of the Vice-Chancellor to see that this Act, these Statutes, the Ordinances and the Regulations are duly observed, and he shall have all powers necessary to ensure such observance.

(3) The Vice-Chancellor shall have the power to convene or cause to be convened meetings of the Court, the Executive Council, the Academic council and the Finance Committee.

Pro-Vice- Chancellor 3. (1) Every Pro-Vice-Chancellor shall be appointed by the Executive Council on the recommendation of the Vice- Chancellor:

Provided that where the recommendation of the Vice- Chancellor is not accepted by the Executive Council, the matter shall be referred to the Visitor who may either appoint the person recommended by the Vice-Chancellor or ask the Vice- Chancellor to recommend another person to the Executive Council.

Provided further that the Executive Council may, on the recommendation of the Vice-Chancellor, appoint a Professor to discharge the duties of a Pro-Vice-Chancellor in addition to his own duties as a Professor.

(2) The term of office of a Pro-Vice-Chancellor shall be coterminus with that of the Vice-Chancellor and he shall be eligible for re-appointment.1

Provided that a Pro-Vice-Chancellor shall retire on attaining the age of sixty-five years.

The emoluments and other terms and conditions of service of a Pro-Vice-Chancellor shall be such as may be prescribed by the Ordinances.

(3) A Pro-Vice-Chancellor shall assist the Vice-Chancellor in respect of such matters as may be specified by the Vice- Chancellor in this behalf from time to time, and shall also exercise such powers and perform such duties as may be assigned or delegated to him by the Vice-Chancellor.

Registrar 4. (1) The Registrar shall be appointed by the Executive Council on the recommendation of the Selection Committee constituted for the purpose and shall be a whole-time salaried officer of the University.2 _________________________________________________________

1. Clause 2 of Statute 3 amended vide MHRD, GOI, letter No.F.8-41/95-Desk(U), dt. 4/11/ 1996.

2. Statute 4 is amended vide MHRD, G.O.I. Letter No. F.8-30/99/Desk(U), dt. 2/6/ 2000.

29 THE NORTH-EASTERN HILL UNIVERSITY STATUTES

(2) The emoluments and other terms and conditions of service of the Registrar shall be such as may be prescribed by the Ordinances.

Provided that the Registrar shall retire on attaining the age of sixty-two years.

(3) When the office of the Registrar is vacant or when the Registrar is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

(4) (a) The Registrar shall have power to take disciplinary action against such of the employees, excluding teachers and academic staff, as may be specified in the orders of the Executive Council and to suspend them pending inquiry, to administer warning to them or to impose on them the penalty of censure or the withholding of increment:

Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

(b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified in sub-clause (a).

(c) In a case where the inquiry discloses that a punishment beyond the powers of the Registrar is called for, the Registrar shall, upon conclusion of the inquiry, make a report to the Vice-Chancellor along with his recommendations:

Provided that an appeal shall lie to the Executive Council against an other of the Vice-Chancellor imposing any penalty.

(5) The Registrar shall be ex-officio Secretary of the Executive Council, the Academic Council and the Boards of Schools, but shall not be deemed to be a member of any of these authorities.

He shall be ex-officio Member-Secretary of the Court.

(6) It shall be the duty of the Registrar:

(a) To be the custodian of the records, the common seal and such other property of the University as the Executive Council shall commit to his charge;

(b) To issue all notices convening meetings of the Court, the Executive Council, the Academic Council, the Boards of Schools, the Boards of Studies, the Board of Examiners and 30 THE NORTH-EASTERN HILL UNIVERSITY STATUTES of any Committee appointed by the authorities of the University;

(c) To keep the minutes of all the meetings of the Court, the Executive Council, the Academic Council, the Boards of Schools and of any Committee appointed by the authorities of the University;

(d) To conduct the official correspondence of the Court, the Executive Council and the Academic Council;

(e) To supply to the Visitor, copies of the agenda of the meetings of authorities of the University as soon as they are issued and the minutes of such meetings;1

(f) To represent the University in suits or proceedings by or against the University, sign powers of attorney and verify pleadings or depute his representative for the purpose; and

(g) To perform such other duties as may be specified in these statutes, the Ordinances or the Regulations or as may be required, from time to time by the Executive Council or the Vice-Chancellor.

Finance Officer 5. (1) The Finance Officer shall be appointed by the Executive Council on the recommendation of the Selection Committee constituted for the purpose or on deputation from an organised Accounts Service.

The appointment of the Finance Officer shall be for a period of five years and in the case of deputation on usual Government of India’s deputation terms. He shall be a whole-time salaried officer of the University;

(2) Provided that the Finance Officer shall retire from office on attaining the age of sixty two years;2

(3) When the office of the Finance Officer is vacant or when the Finance Officer is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose;

(4) The Finance Officer shall be ex-officio Secretary of the Finance Committee, but shall not be deemed to be a member of such Committee;

_____________________________________________________________

1. The earlier provisions of sub-clause (e) of clause 6 of Statute 4 were deleted as approved vide Ministry of Human Resource Development, Govt. of India, letter No. F.8-32/91 – Desk (U) dated 19th November, 1991 and subsequently sub-clause (f), (g) and (h) were renumbered as (e), (f) and (g).

2. Statute-5 is amended vide Ministry of Human Resource Development, G.O.I. Letter No. F.8- 30/99/Desk(U), dated 2nd June, 2000.

31 THE NORTH-EASTERN HILL UNIVERSITY STATUTES

(5) The Finance Officer shall:

(a) exercise general supervision over the funds of the University and shall advise it as regards its financial policy; and

(b) perform such other financial functions as may be assigned to him by the Executive Council or as may be prescribed by these Statutes or the Ordinances:

Provided that the Finance Officer shall not incur any expenditure or make any investment exceeding ten thousand rupees without the previous approval of the Executive Council.

(6) Subject to the supervision and control of the Vice-Chancellor with accountability to the Executive Council, the Finance Officer shall.1

(a) hold and manage the property and investments of the University including trust and endowed property;

(b) ensure that the limits fixed by the Executive Council for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purposes for which they are granted or allotted;

(c) be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Executive Council;

(d) keep a constant watch on the state of the cash and bank balances and on the state of investment;

(e) watch the progress of the collection of revenue and advise on the methods of collection employed;

(f) ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date and that stock-checking is conducted, of equipment and other consumable materials in all offices, special centres, specialised laboratories, colleges and institutions maintained by the University;

(g) call for explanation for unauthorised expenditure and for other financial irregularities and suggest disciplinary action against persons at fault; and

(h) call for from any office, centre, laboratory, college or institution maintained by the University, any information or returns that he may consider necessary for the performance of his duties.

________________________________________________________

1. Clause (6) of Statute 5 is amended vide Ministry of Human Resource Development, Department of Education, G.O.I. letter No. F.8-38/95-Desk(U), dt. 24.7.1996.

32 THE NORTH-EASTERN HILL UNIVERSITY STATUTES

(7) The receipt of the Finance Officer or of the person or persons duly authorised in this behalf by the Executive Council for any money payable to the University shall be sufficient discharge for payment of such money.

Controller of Examinations 1 5A. (1) The Controller Examinations shall be a whole-time salaried officer of the University and shall be appointed by the Executive Council on the recommendations of the Selection Committee constituted for the purpose.

(2) The emoluments and other terms and conditions of service of the Controller of Examinations shall be such as may be prescribed by the Ordinances.

Provided that the Controller of Examinations shall retire on attaining the age of sixty-two years.2

(3) When the office of the Controller of Examinations is vacant, or when the Controller of Examinations is by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

Dean of School of Studies 6. (1) Every Dean of a School of studies shall be appointed by the Vice-Chancellor from among the Professors in the School for a period of three years and he shall be eligible for re-appointment.

Provided that a Dean on attaining the age of superannuation shall cease to hold office as such.

Provided further that if any time there is no Professor in a School, the Vice-Chancellor, or a Pro-Vice-Chancellor if authorised by the Vice-Chancellor in this behalf, shall exercise the powers of the Dean of the School.

(2) When the office of the Dean is vacant or when the Dean is by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

(3) The Dean shall be the Head of the School and shall be responsible for the conduct and maintenance of the standards of teaching and research in the School. The Dean shall have such other functions as may be prescribed by the Ordinances.

________________________________________________________

1. The entire Statute 5A was added vide Ministry of Education, GOI letter No. F.8-14/84-Desk (U) dated 29.11.1985.

2 .Clause(2) of Statute 5A amended vide MHRD, G.O.I. Letter No. F.8-30/99/Desk (U), dt. 2/6/2000.

33 THE NORTH-EASTERN HILL UNIVERSITY STATUTES

(4) The Dean shall have the right to be present and to speak at any meetings of the Boards of Studies or Committees of the School, as the case may be, but shall not have the right to vote thereat unless he is member thereof.

Head of Department 7. (1) In the case of Departments which have more than one Professor, the Head of the Department shall be appointed by the Executive Council on the recommendation of the Vice- Chancellor from among the Professors.

(2) In the case of Departments where there is only one Professor, the Executive Council shall have the option to appoint, on the recommendation of the Vice-Chancellor, either the Professor or a Reader as the Head of the Department.

Provided that it shall be open to a Professor or Reader to decline the offer of appointment as the Head of the Department.

(3) A person appointed as the Head of the Department shall hold office as such for a period of three years and shall be eligible for re-appointment.

Provided that, if the term of the Head ends during the academic session, it shall automatically stand extended up to the end of the concerned semester.

Notwithstanding anything contained above a teacher shall cease to be Head on attaining the age of superannuation.1

(4) A Head of a Department may resign his office at any time during his tenure of office.

(5) A Head of a Department shall perform such functions as may be prescribed by the Ordinances.

Dean of Students’ Welfare 8. (1) Every Dean of Students’ Welfare shall be appointed from amongst the teachers of the University, not below the rank of a Reader, by the Executive Council on the recommendation of the Vice-Chancellor.

(2) Every Dean appointed under Clause (1) shall be a whole-time officer and shall hold office for a term of three years and shall be eligible for re-appointment.

Provided that the Executive Council may, if it is considered necessary, appoint, on the recommendation of the ________________________________________________________

1. Clause 3 of Statute 7 is amended vide M.H.R.D., G.O.I. Letter No. F.8-35/95-Desk (U), dated

11.01.02 and No. F.8-18/2001-Desk(U), dated 28.01. 02.

34 THE NORTH-EASTERN HILL UNIVERSITY STATUTES Vice-Chancellor, a teacher, not below the rank of a Reader, to discharge the duties of the Dean of Students’ Welfare in addition to his duties and such teacher, and in such a case, the Executive Council may sanction a suitable allowance to be paid to him.

(3) A person who is appointed as a Dean of Students’ Welfare shall continue to hold his lien on his substantive post and shall be eligible to all the benefits that would have otherwise accrued to him, but for his appointment as the Dean of Students’ Welfare.

(4) When the office of a Dean of Students’ Welfare is vacant or when the Dean of Students’ Welfare is by reason of illness or absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

(5) The duties and powers of a Dean of Students’ Welfare shall be prescribed by the Ordinances.

Proctors 9. (1) Every Proctor shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor and shall exercise such powers and perform such duties as may be assigned to him by the Vice-Chancellor.

(2) Every Proctor shall hold office for a term of two years and shall be eligible for re-appointment.

Librarian 10. (1) Every Librarian shall be appointed by the Executive Council on the recommendation of the Selection Committee constituted for the purpose and he shall be whole-time officer of the University.

(2) Every Librarian shall exercise such powers and perform such duties as may be assigned to him by the Executive Council.

Court 10A. (1) The Court shall consist of the following members, namely;1 Ex-Officio members

(i) Chancellor, Ex-officio,

(ii) Vice-Chancellor,

(iii) Pro-Vice-Chancellor, if any,

(iv) Dean of Students’ Welfare, if any,

(v) Registrar

(vi) Librarian

(vii) Proctor, if any, __________________________________________________________

1. The entire Statute 10A (1) is added vide Ministry of Education, Govt. of India, letter No. F.10- 16/76-LU (U2) dated 17.7.76.

35 THE NORTH-EASTERN HILL UNIVERSITY STATUTES

(viii) Finance Officer,1 Representatives of Schools and Departments

(ix) Deans of Schools of Studies, ex-officio

(x) All Professors, ex-officio,

(xi) Heads of Departments, who are not Professors, ex-officio,

(xii) Two Readers, who are not Heads of Departments, and two Lecturers to be appointed by rotation in the manner prescribed by Ordinances.

Representatives of Affiliated Colleges

(xiii) Seven Principals of Colleges by rotation according to seniority, which shall be determined with reference to the date of establishment of the colleges concerned, to be nominated by the Vice-Chancellor.2

(xiv) Four teachers from affiliated Colleges to be nominated by the Visitor on the recommendation of the Vice-Chancellor.2 Representatives of Parliament

(xv) Six representatives of Parliament, four to be nominated by the Speaker of the Lok Sabha from among the members thereof and two to be nominated by the Chairman of the Rajya Sabha from among the members thereof. However, in the event that a member of Parliament becomes a Minister or Speaker / Deputy Speaker / Lok Sabha, or Deputy Chairman, Rajya Sabha, her/his nomination/ election on the Statutory Body shall be deemed to have been terminated.3 Persons representing learned professions and special interests

(xvi) Ten members representing learned professions and special interests including representatives of industry, commerce, trade unions, banking and agriculture, to be nominated by the Visitor.

Representatives of the Registered Graduates

(xvii) Six representatives of the Registered Graduates of the University to be elected in the manner prescribed by Ordinances.

Explanation: For the purpose of this Clause, students who have graduated as regular students from the colleges now affiliated to the University, prior to the date of such affiliation, shall also be eligible to be registered.

__________________________________________________________

1. Added vide Ministry of Education, Govt. of India, letter No. F.8-55/81-Desk (U) dated 26.2.1982.

2. Amended consequent upon the notification of the Mizoram University Act 2000 dt. 25th April 2000 Published in the Gazettee of India Extraordinary.

3. Amended vide M.H.R.D., Department of Education, G.O.I. letter No.F.8-35/95-Desk (U) dt. 28.1.02 36 THE NORTH-EASTERN HILL UNIVERSITY STATUTES Representatives of Students

(xviii) Four students to be nominated by the Vice-Chancellor.

Other Members

(xix) (a) Not more than five persons to be nominated by the Visitor.

(b) Not more than two persons to be nominated by the Chancellor.

Representatives of the Non-Teaching Staff

(xx) Two members of non-teaching staff to be nominated by the Vice-Chancellor Representatives of State Governments

(xxi) Two representatives of the State of Meghalaya to be nominated by the State Government concerned.1 Remaining Members of the Executive Council

(xxii) Members of the Executive Council, who are not otherwise members of the Court:

Provided that no employee of the University or of a college or institution affiliated to the University shall be eligible to be a member of the Court under Clause (xv), (xvi), (xvii) or (xix).

The Chancellor, if present, shall preside over the meetings of the Court.2

(2) (i) All members of the Court, other than ex-officio members and members representing students, shall hold office for a term of three years.

(ii) An ex-officio members shall cease to be a member of the Court as soon as he vacates the office by virtue of which he is such member.

(iii) Members representing students shall hold office for a period of one year or till such time as they continue to be students, whichever is earlier.

__________________________________________________________________

1. Amended vide Ministry of Human Resource Development, Government of India letter No. F.8- 14/87-Desk (U) dated 13.1.88.

The provision of clause 1(xx) providing representation to the State of Nagaland has been deleted consequent upon the notification of the Nagaland University Act, 1989.

2. Added vide Ministry of Education, Govt. of India, letter No. F.8-24/82-Desk (U) dated 24.7.1982.

37 THE NORTH-EASTERN HILL UNIVERSITY STATUTES Meetings of the Court 11. (1) An annual meeting of the Court shall be held on a date to be fixed by the Executive Council unless some other date has been fixed by the Court in respect of any year.

(2) At an annual meeting of the Court, a report on the working of the University during the previous year, together with a statement of the receipts and expenditure, the balance-sheet, as audited and financial estimates for the next year shall be presented.

(3) A copy of the statement of receipts and expenditure, the balance-sheet and the financial estimates referred to in clause (2) shall be sent to every member of the Court at least seven days before the date of the annual meeting.

(4) Thirty members of the Court shall form a quorum for a meeting of the Court.1

(5) Special meetings of the Court may be convened by the Executive Council or the Vice-Chancellor, or, if there is no Vice- Chancellor, by a Pro-Vice-Chancellor, or if there is no Pro-Vice- Chancellor, by the Registrar.

Executive Council 12. (1) The Executive Council shall consist of the following members, namely.2

(i) Vice-Chancellor, ex-officio,

(ii) Pro-Vice-Chancellor, if any, ex-officio,

(iii) Four Deans of Schools by rotation according to seniority, to be nominated by the Vice-Chancellor.

(iv) One Professor, other than a Dean by rotation according to seniority, to be nominated by the Vice- Chancellor.

(v) One Reader by rotation, according to seniority, to be nominated by the Vice-Chancellor.

(vi) Two Principals, by rotation according to seniority, to be determined with reference to the date of establishment of the colleges concerned to be nominated by the Vice-Chancellor.

(vii) Director in charge of Collegiate Education in the State of Meghalaya.3 ___________________________________________________________

1. Amended vide Ministry of Education, GOI, letter No. F.10-16/76-LU (U2) dated 17.7.1976.

2. Substituted vide Ministry of Education, GOI, letter No. F.10-16/76-LU (U2) dated 17.7.1976.

3. Amended consequent upon the notification of the Mizoram University Act 2000, dt. 25. 4. 2000.

Published in the Gazettee of India Extraordinary.

With the establishment of Mizoram University the jurisdiction of NEHU over Mizoram also ceased (Mizoram University Act, 2000).

38 THE NORTH-EASTERN HILL UNIVERSITY STATUTES

(viii) Two members of the Court, to be nominated by the Visitor, none of whom shall be an employee of the University or a college or an institution affiliated to or recognised by the University.

(ix) Four persons to be nominated by the Visitor.

(2) All the members of the Executive Council, other than ex-officio members, shall hold office for a term of three years.

Quorum of meetings of the Executive Council (3) Seven members of the Executive Council shall form a quorum for a meeting of the Executive Council.

Powers and functions of Executive Council 13. (1) The Executive Council shall have the management and administration of the revenue and property of the University and the conduct of all administrative affairs of the University not otherwise provided for.

(2) Subject to the provisions of this Act, these Statutes and the Ordinances, the Executive Council shall, in addition to all other power vested in it, have the following powers, namely:

(i) to create teaching and academic posts, to determine the number and emoluments of such posts and to define the duties and conditions of service of Professors, Readers, Lecturers, and other academic staff and Principals of Colleges and Institutions maintained by the University:

Provided that no action shall be taken by the Executive Council in respect of the number, qualifications and the emoluments of teachers and academic staff otherwise than after consideration of the recommendations of the Academic Council;

(ii) to appoint such Professors, Readers, Lecturers and other academic staff, as may be necessary, and Principals of Colleges and Institutions maintained by the University on the recommendation of the Selection Committee constituted for the purpose and to fill up temporary vacancies therein;

(iii) to create administrative, ministerial and other necessary posts and to make appointments thereto in the manner prescribed by the Ordinances;

(iv) to grant leave of absence to any officer of the University, other than the Chancellor and the Vice-Chancellor, and to make 39 THE NORTH-EASTERN HILL UNIVERSITY STATUTES necessary arrangements for the discharge of the functions of such officer during his absence;

(v) to regulate and enforce discipline among employees in accordance with these Statutes and the Ordinances;

(vi) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the University, and for that purpose, to appoint such agents as it may think fit;

(vii) to fix limits on the total recurring and the total nonrecurring expenditure for a year on the recommendations of the Finance Committee;

(viii) to invest any money belonging to the University, including any unapplied income, in such stocks, funds, shares or securities as it shall, from time to time, think fit, or in the purchase of immovable property in India, with the like powers of varying such investment from time to time;

(ix) to transfer or accept transfers of any movable or immovable property on behalf of the University;

(x) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University;

(xi) to enter into, vary, carry out and cancel contracts on behalf of the University;

(xii) to entertain, adjudicate upon, and, if thought fit, to redress any grievances of the employees and students of the University, who may, for any reason feel aggrieved;

(xiii) to appoint examiners and moderators and, if necessary to remove them, and to fix their fees, emoluments and travelling and other allowances, after consulting the Academic Council;

(xiv) to select a common seal for the University and provide for the custody and use of such seals;

(xv) to make such special arrangements as may be necessary for the residence and discipline of women students;

(xvi) to delegate any of its powers to the Vice-Chancellor, the Pro-Vice-Chancellors, the Registrar or the Finance Officer or such other employee or authority of the University or to a Committee appointed by it as it may deem fit;

(xvii) to institute fellowships, scholarships, studentships, medals and prizes; and 40 THE NORTH-EASTERN HILL UNIVERSITY STATUTES

(xviii) to exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act, or these Statutes.

Constitution of Academic Council 14. (1) The Academic Council shall consist of the following members, namely:1 Ex-officio members

(i) Vice-Chancellor,

(ii) Pro-Vice-Chancellor, if any,

(iii) Deans of Schools,

(iv) Dean of Students’ Welfare,

(v) Heads of Departments and Centres of Studies,

(vi) Librarian,

(vii) Principals of colleges maintained by the University,

(viii) All Professors, other than the Heads of Departments and Centres, to be nominated by the Vice-Chancellor.

Principals of Affiliated Colleges

(ix) Six Principals of Colleges admitted to the privileges of the University, to be nominated by the Vice-Chancellor.2 Representatives of teachers of the University

(x) Five teachers of the University, other than those under (i) to (viii) above, by rotation according to seniority of which two shall be Readers and three Lecturers.

Visitor’s Nominees

(xi) Four persons, not being employees of the University or of a college or institution by or affiliated to it, to be nominated by the Visitor for their special knowledge.

Representatives of teachers of affiliated colleges submitted to the privileges of the University.

(xii) Six teachers of the affiliated colleges admitted to the privileges of the University to be elected from amongst themselves.3 __________________________________________________________

1. Vide Ministry of Education, Govt. of India, letter No. F.16-17/77-U.2 dated 26.5.1978.

2. Amended vide MHRD letter No.F.8-35/95-Desk(U) dt. 11.1.02 and No.F.8-18/2001-Desk(U), dt.

28.1.02.

3. Amended vide MHRD letter No..F.8-1/2003-Desk(U) dt.23/9/04 & NEHU Notification Conf/15- 1/Stat/87(Vol.III)-333 dt.17/12/03.

41 THE NORTH-EASTERN HILL UNIVERSITY STATUTES Representatives of the Post-Graduate students of the University

(xiii) Two Post-Graduate, students of the University – one from Sciences and one from Humanities and one Research Scholar to be selected on academic merit in the manner prescribed by an Ordinance.

(2) All members of the Academic Council, other than the exofficio members shall hold office for a term of three years.

Quorum for meetings of Academic Council 14A. Half of the total members of the Academic Council shall form a quorum for a meeting of the Academic Council.

Powers of the Academic Council 15. Subject to this Act, these Statutes and the Ordinances, the Academic Council shall, in addition to all other powers vested in it, have the following powers, namely:

(a) to exercise general supervision over the academic policies of the University and to give directions regarding methods of instruction, co-operative teaching among Colleges and Institutions, evaluation of research or improvements in academic standards;

(b) to bring about inter-school co-ordination, to establish or appoint Committees or Boards, for taking up projects on an inter- School basis;

(c) to consider matters of general academic interest either on its own initiative or on a reference by a School or the Executive Council and to take appropriate action thereon; and

(d) to frame such regulations and rules consistent with these Statutes and the Ordinances regarding the academic functioning of the University, discipline, residences, admissions, award of fellowships and studentships, fee concessions, corporate life and attendance.

The Planning Board1 16. (1) The Members of the Planning Board shall be appointed by the Visitor and shall hold office for such period as he may determine.

(2) The Planning Board shall, in addition to all other powers vested in it by this Act, have the right to advise the Executive Council and the Academic Council on any academic matter.

(3) On the date determined by the Visitor under sub-section (3) of section 23 this Statute shall cease to have effect.

___________________________________________________________

1. The Planning Board stands dissolved with effect from 18.7.76 vide Ministry’s letter No. F.10-14/76- Leg. Unit (U.2) dated 3.8.1976.

42 THE NORTH-EASTERN HILL UNIVERSITY STATUTES Schools of Studies and Departments 17. (1) The University shall have such Schools of Studies as may be specified by the Ordinances.

(2) Every School shall have a School Board. The members of the first School Board shall be nominated by the Executive Council and shall hold office for a period of three years.

(3) The powers and functions of a School Board shall be prescribed by the Ordinances.

(4) The conduct of the meeting of a School Board and the quorum required for such meetings shall be prescribed by the Ordinances.

(5) (a) Each School shall consist of such Departments as may be assigned to it by the Ordinances.

(b) No Department shall be established or abolished except by these Statutes:

Provided that the Executive Council may, on the recommendation of the Academic Council, establish Centres of Studies to which may be assigned such teachers of the University as the Executive Council may consider necessary.

(i) Teachers of the Department;

(ii) Persons conducting research in the Department;

(iii) Dean of the School or Deans of the Schools concerned;

(iv) Honorary Professors, if any, attached to the Department;

(v) and such other persons as may be members of the Department in accordance with the provisions of the Ordinances.

Provided that where a subject is being taught at more than one Campus the teachers in the concerned Campus shall constitute the Campus Department and the University Department, shall comprise of:

(a) not less than two teachers from each Campus Department;

(b) Head of the Department of Shillong Campus Department, if any;

43 THE NORTH-EASTERN HILL UNIVERSITY STATUTES

(d) Such other persons as may be members of the Department in accordance with the provisions of the Ordinances.

Provided further that there shall be separate Head of Department for Campus Departments and for the University Department.1 Board of Studies 18. (1) Each Department shall have two Boards of Studies, one for Post-Graduate Studies and the other for Under-Graduate Studies.

(2) The constitution of a Board of Post-Graduate Studies and the term of office of its members shall be prescribed by the Ordinances.

(3) The functions of a Board of Post-Graduate Studies shall be to approve subjects for research for various degrees and other requirements of research degrees and to recommend to the concerned School Board in the manner prescribed by the Ordinances:

(a) courses of studies and appointment of examiners for Post- Graduate courses, but excluding research degrees;

(b) appointment of supervisors of research; and

Provided that the above functions of a Board of Post-Graduate Studies shall, during the period of three years immediately after the commencement of this Act, be performed by the Department.

(4) The constitution and functions of a Board of Under-Graduate Studies and the term of office of its members shall be prescribed by the Ordinances.

Finance Committee 19. (1) The Finance Committee shall consist of the following members, namely;

(i) The Vice-Chancellor;

(ii) A Pro-Vice-Chancellor appointed by the Executive Council;

(iii) Three persons nominated by the Executive Council, out of whom at least one shall be a member of the Executive Council;

(iv) Three persons nominated by the Visitor.

(2) Five members of the Finance Committee shall form a quorum for a meeting of the Finance Committee.

(3) All the members of the Finance Committee, other than exofficio members, shall hold office for a term of three years.

________________________________________________________

1. Amended vide MHRD letter No.F.8-19/95-Desk(U), dt. 4.11.1996.

44 THE NORTH-EASTERN HILL UNIVERSITY STATUTES

(4) A member of the Finance Committee shall have the right to record a minute of dissent if he does not agree with any decision of the Finance Committee.

(5) The Finance Committee shall meet at least twice every year to examine the accounts and to scrutinise proposals for expenditure.

(6) The annual accounts and the financial estimates of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Executive Council for approval.

(7) The Finance Committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the University (which, in the case of productive works, may include the proceeds of loans).

Selection Committee 20. (1) There shall be a Selection Committee for making recommendations to the Executive Council for appointment to the posts of Professor, Reader, Lecturer, Registrar1, Deputy Registrar, Assistant Registrar, Finance Officer1, Controller of Examinations2, Librarian, Deputy Librarian, Assistant Librarian, Director, Deputy Director, Assistant Director and such equivalent posts of University Science Instrumentation Centre / Computer Centre / Physical Education, Principal / Director and Teachers3 of Colleges / Institutes maintained by the University.

1(A). Notwithstanding anything contained in 20(1) above, there shall be a Selection Committee for making recommendations to the Executive Council for placement/promotion of teachers as Lecturer (Senior Scale), Lecturer (Selection Grade), Reader and Professor under the Career Advancement Scheme or any such other scheme introduced by the University Grants Commission and accepted by the University from time to time.

1(B). Further, teachers promoted under Merit Promotion Scheme / Career Advancement Scheme or any other scheme adopted / introduced by the University shall be deemed to have been covered by this Statute.

__________________________________________________________________________

1. The words “Registrar” and “Finance Officer” in Clause (1) of Statute 20 and corresponding entries in columns 1 and 2 in table were added vide Ministry of Education, GOI letter No. F.8-9/81-Desk (U) dated 4.1.1981.

2. The word “Controller of Examinations” in Clause (1) of Statute 20 and corresponding entries in columns 1 and 2 in table were added vide Ministry of Education, GOI letter No. F.8-12/82-Desk (U) dated 1.7.1982.

3. The word “Teachers” in Clause (1) of Statute 20 and proviso to this Clause were added by Ministry of Education, GOI letter No. F.8-32/82-Desk (U) dated 17.8.1984.

45 THE NORTH-EASTERN HILL UNIVERSITY STATUTES Professor/ Reader 2.(A) The Selection Committee for the appointment to the posts of Professor/Reader in the University shall consist of the following :

(i) Vice-Chancellor—Chairperson

(ii) An academician nominated by the Visitor

(iii) Three experts in the concerned subject / field not below the rank of Professor nor in the service of the University and nominated by the Executive Council, out of panel of names recommended by the Academic Council

(iv) Dean of the School

(v) Head of the Department / Centre.

At least four members, including two experts, shall constitute the quorum.

Provided that for the post of Professor, the Head of the Department / Centre shall not be a member of the Selection Committee if he/she is not a Professor.

Provided further that for the post of Reader, the Lecturer-incharge of the Department/Centre shall not be a member of the Selection Committee.

Lecturer (B) The Selection Committee for the appointment to the post of Lecturer in the University shall consist of the following:

(i) Vice-Chancellor—Chairperson

(ii) An academician nominated by the Visitor

(iii) Three experts in the concerned subject / field not below the rank of Reader nor in the service of the University and nominated by the Executive Council, out of a panel of names recommended by the Academic Council

(iv) Head of the Department / Centre

Provided that, if the Department/Centre is headed by a Lecturerin-charge, the Dean of the School shall be a member of the Committee instead of the Lecturer-in-charge.

At least four members, including two experts, shall constitute the quorum.

Career (C) The Selection Committee for Career Advancement shall Advancement be the same as those for direct recruitment for each category, i.e., Professor, Reader, Lecturer respectively.

Other Academic (D) (i) Vice-Chancellor—Chairperson Staff (ii) Nominee of the Visitor 46 THE NORTH-EASTERN HILL UNIVERSITY STATUTES

(iii) Three Experts in the concerned field not in the service of the University to be nominated by the Executive Council.

(iv) Registrar / Librarian / COE / FO / Director / Head of the Department / Centres. In case a Selection is for Registrar / FO / COE / Librarian and Director a nominee to be nominated by the Executive Council.

(v) Senior-most Pro-Vice-Chancellor / Professor.

(vi) At least four members, including two experts shall constitute the Quorum.

Principal / Director (E) The Selection Committee for the post of Principal/ Director of a College/Institute maintained by the University shall be as follows :

(i) Vice-Chancellor—Chairperson

(ii) Two members of the Executive Council nominated by the Vice-Chancellor

(iii) A nominee of the Vice-Chancellor.

(iv) Three experts consisting of the Principal of a College, a Professor and an eminent educationist not below the rank of Professor, to be nominated by the Executive Council out of a panel of experts approved by the Academic Council.

At least four members including two experts shall constitute the quorum.

Teachers of Colleges Maintained by the University (F) The Selection Committee for the post(s) of Professor, Reader, Lecturer in a College/Institute maintained by the University shall be the same as the one for the Post(s) of Professor, Reader, Lecturer in the University except that the Principal / Director of the College / Institute concerned shall also be a member of such a Committee.

Provided that Head of the Department in this sub-clause shall mean the Head of the University Department concerned.

(G) Notwithstanding anything contained in sub-clauses (A), (B), (C), (D), (E) & (F) mentioned above, a representative of the Scheduled Caste / Scheduled Tribe, women or physically handicapped shall be a member of the Selection Committee concerned, if there is a candidate / are candidates from any of these categories appearing for the interview, provided that a panel of academicians in respect of each of these categories shall be prepared by the Executive Council on the recommendation of the Academic Council.

Provided further that if there is a candidate / are candidates appearing for interview who belong(s) to more than one of these 47 THE NORTH-EASTERN HILL UNIVERSITY STATUTES categories, there shall be a representative from one of the category concerned only.

(3) The Vice-Chancellor, or in his absence, the senior-most Pro-Vice- Chancellor, shall preside at meetings of the Selection Committee.

(4) The meetings of a Selection Committee shall be convened by the Vice- Chancellor or in his absence, by the senior-most Pro-Vice-Chancellor.

(5) The procedure to be followed by a Selection Committee in making recommendations shall be laid down in the Ordinances.

(6) If the Executive Council is unable to accept the recommendations made by a Selection Committee, it shall record its reason and submit the case to the Visitor for final orders.

(7) Appointment to temporary posts shall be made in the manner indicated below:

(i) If the temporary vacancy is for a duration longer than one academic session, it shall be filled on the advice of the Selection Committee in accordance with the procedure indicated in the foregoing clauses.

Provided that if the Vice-Chancellor is satisfied that in the interests of work it is necessary to fill the vacancy, the appointment may be made on a purely temporary basis by a local Selection Committee referred to in sub-clause (ii) for a period not exceeding six months.

(ii) If the temporary vacancy is for a period less than a year, an appointment to such vacancy shall be made on the recommendation of a local Selection Committee consisting of the Dean of the School concerned, the Head of the Department and a nominee of the Vice-Chancellor.

Provided that if the same person holds the offices of the Dean and the Head of the Department, the Selection Committee may contain two nominees of the Vice-Chancellor.

Provided further that in case of sudden casual vacancies of teaching posts caused by death or any other reason, the Dean may, in consultation with the Head of the Department concerned, make a temporary appointment for a month and report to the Vice-Chancellor and the Registrar about such appointment.

(iii) No teacher appointed temporarily shall if he is not recommended by a regular Selection Committee for appointment under these Statutes, be continued in service on such temporary employment, unless he is subsequently selected by a local Selection Committee or a regular Selection Committee, for a temporary or permanent appointment, as the case may be.1 _________________________________________________________

1. Amendment of Statute-20 Selection Committee vide MHRD letter No F.8-30/99/Desk(U), dt. 2..6.2000.

NOTE : Where the appointment is being made for an inter-disciplinary project, the Head of the project shall be deemed to be the Head of the Department concerned.

48 THE NORTH-EASTERN HILL UNIVERSITY STATUTES Special mode of Appointment 21. (1) Notwithstanding anything contained in Statute 20, the Executive Council may invite a person of high academic distinction and professional attainments to accept a post of Professor or Reader or any other academic post in the University, as the case may be, on such terms and conditions as it deems fit, and on the person agreeing to do so, appoint him to the post.

(2) The Executive Council may appoint a teacher or any other academic staff working in any other University or organisation for undertaking a joint project in accordance with the manner laid down in the Ordinances.

Appointment for a fixed tenure 22.The Executive Council may appoint a person selected in accordance with the procedure laid down in Statute 20 for a fixed tenure on such terms and conditions as it deems fit.

Recognised Teachers 23. (1) The qualifications of recognised teachers shall be such as may be prescribed by the Ordinances.

(2) All applications for the recognition of teachers shall be made in such manner as may be laid down in the Ordinances.

(3) No teacher shall be recognised as a teacher except on the recommendation of a Selection Committee constituted for the purpose in the manner laid down in the Ordinances.

(4) The period of recognition of a teacher shall be determined by the Ordinances made in that behalf.

(5) The Academic Council may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw recognition from a teacher:

Provided that no such resolution shall be passed until a notice in writing has been given to the person concerned calling upon him to show cause, within such time as may be specified in the notice, why such resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them have been considered by the Academic Council.

(6) Any person aggrieved by an order of withdrawal under Clause (5) may, within three months from the date of communication to him of such order, appeal to the Executive Council which may pass such orders thereon as it thinks fit.

______________________________________________________________

1. Statute 23 is amended vide MHRD Letter No. F.8-30/95-Desk(U), dated 15th November 1996.

49 THE NORTH-EASTERN HILL UNIVERSITY STATUTES

(7) The Executive Council may recognise the non-vocation academic staff as teachers provided that such staff possess the qualifications comparable to those prescribed for the corresponding grades of teaching staff.

Committees 24. Any authority of the University may appoint as many standing or special committees as it may deem fit and may appoint to such committees persons who are not members of such authority. Any such committee may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing it.

Terms and Conditions of Service of University Teachers 25. (1) All the teachers of the University shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service as specified in these Statutes, the Ordinances and the Regulations.

(2) Every teacher of the University shall be appointed on a written contract, the form of which shall be prescribed by the Ordinances. A copy of the contract shall be deposited with the Registrar.

Seniority Lists 26. (1) Whenever, in accordance with these Statutes, any person is to hold an office or be a member of an authority of the University by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade, and, in accordance with such other principles as the Executive Council may, from time to time, prescribe.

(2) It shall be the duty of the Registrar to prepare and maintain, in respect of each class of persons to whom the provisions of these Statutes apply a complete and up-to-date seniority list in accordance with the provisions of clause (1).

(3) If two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in doubt, the Registrar may, on his own motion and shall, at the request of any such person, submit the matter to the Executive Council whose decision thereon shall be final.

Removal of Teachers 27. (1) Where there is an allegation of misconduct against a teacher, or a member of the academic staff, the Vice-Chancellor may, if he thinks fit, by order in writing, place the teacher under suspension and shall forthwith report to the Executive Council the circumstances in which the order was made:

Provided that the Executive Council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or member of the academic staff, revoke such order.

50 THE NORTH-EASTERN HILL UNIVERSITY STATUTES

(2) Notwithstanding anything contained in the terms of his contract of service or of his appointment, the Executive Council shall be entitled to remove a teacher, or a member of the academic staff on the ground of misconduct.

(3) Save as aforesaid, the Executive Council shall not be entitled to remove a teacher or a member of the academic staff except for good cause and after giving three months’ notice in writing or on payment of three months’ salary in lieu of notice.

(4) No teacher or a member of the academic staff shall be removed under clause (2) or under clause (3) until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

(5) The removal of a teacher or a member of the academic staff shall require a two-thirds majority of the Executive Council present and voting.

(6) The removal of a teacher or a member of the academic staff shall take effect from the date on which the order of removal is made:

Provided that where a teacher or a member of the academic staff is under suspension at the time of his removal, the removal shall take effect from the date on which he was placed under suspension.

(7) Notwithstanding anything contained in these Statutes, a teacher or a member of the academic staff may resign by giving three months’ notice in writing to the Executive Council or on payment of three months’ salary in lieu thereof.

Provided that if the notice period ends in the middle of an academic semester, and if the leaving of the teacher is likely to affect that teaching work, the teacher may be released only at the end of the semester.1 Removal of employees other 28. (1) Notwithstanding anything contained in the terms of his than teachers of contract of service or of his appointment, an employee other than a the University teacher or a member of the academic staff, may be removed by the authority which is competent to appoint the employee:

(a) if he is of unsound mind or is a deaf-mute or suffers from contagious leprosy;

(b) if he is an undischarged insolvent;

(c) if he has been convicted by a court of law of any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months;

(d) if he is otherwise guilty of misconduct:

_______________________________________________________

1. Clause 7 of Statute 27 amended vide MHRD letter No.F.8-39/95-Desk(U), dt. 22.8.1996 and letter No.F.8-39/95-Desk(U), dt. 4.11.1996.

51 THE NORTH-EASTERN HILL UNIVERSITY STATUTES

Provided that no employee shall be removed from his office unless, a resolution to that effect is passed by the Executive Council by a majority of two-thirds of its members present and voting.

(2) No employee shall be removed under clause (1) until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

(3) Where the removal of such employee is for a reason other than that specified in sub-clause (c) or sub-clause (d) of clause (1), he shall be given three months’ notice in writing or paid three months’ salary in lieu of such notice.

(4) Notwithstanding anything contained in these Statutes, an employee, not being a teacher or a member of the academic staff, shall be entitled to resign:

(i) if he is a permanent employee, only after giving three months’ notice in writing to the appointing authority or paying to the University three months’ salary in lieu thereof;

(ii) If he is not a permanent employee, only after giving one month’s notice in writing to the appointing authority or paying to the University one month’s salary in lieu thereof:

Provided that such resignation shall take effect from the date on which the resignation is accepted by the appointing authority.

Honorary Degrees 29. (1) The Executive Council may, on the recommendation of the Academic Council and by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to the Visitor for the conferment of honorary degrees;

Provided that in case of emergency, the Executive Council may, on its own make such proposals.

(2) The Executive Council may, by a resolution passed by a majority of not less than two-thirds of the members present and voting withdraw, with the previous sanction of the Visitor, any honorary degree conferred by the University.

Withdrawal of Degrees etc. 30. The Executive Council may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw any degree or academic distinction conferred on, or any certificate or diploma granted to any person by the University for good and sufficient cause:

Provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon him to show cause within such time as may be specified in the notice why such a resolution should not be passed and until his objections, if any, and any 52 THE NORTH-EASTERN HILL UNIVERSITY STATUTES evidence he may produce in support of them, have been considered by the Executive Council.

Maintenance 31. (1) All powers relating to the discipline and disciplinary action in of discipline relation to students of the University shall vest in the Vice-Chancellor.

among students (2) The Vice-Chancellor may delegate all or any of his powers as of the University he deems proper to a Proctor and to such other officers as he may specify in this behalf.

(3) Without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of discipline, the Vice-Chancellor may, in the exercise of his powers, by order, direct that any student or students be expelled, or rusticated, for a specified period, or be not admitted to a course or courses of study in a College, Institution or Department of the University for a stated period, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the University, College, Institution or a Department for one or more years, or that the results of the student or students, concerned in the examination or examinations in which he or they have appeared be cancelled.

(4) The Principals of Colleges, Institutions, Heads of Special Centres, Deans of Schools of Studies and Heads of teaching Departments in the University shall have the authority to exercise all such disciplinary power over the students in their respective Colleges, Institutions, Special Centres, Schools and Teaching Departments in the University as may be necessary for the proper conduct of such Colleges, Institutions, Special Centres, Schools and Teaching in the Departments.

(5) Without prejudice to the powers of the Vice-Chancellor, the Principals and other persons specified in clause (4), detailed rules of discipline and proper conduct shall be made by the University. The Principals of Colleges, Institutions, Heads of Special Centres, Deans of Schools of Studies and Heads of Teaching Departments in the University may also make the supplementary rules as they deem necessary for the aforesaid purposes. Every student shall be supplied with a copy of the rules made by the University and a copy of the supplementary rules shall be supplied to the student concerned.

(6) At the time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and other authorities of the University.

Maintenance of 32. All powers relating to disciplinary action in relation to students discipline among of a College or an Institution, not maintained by the University, shall students of vest in the Principal of the College or Institution, as the case may be, Colleges, etc. in accordance with the procedure prescribed by the Ordinances.

53 THE NORTH-EASTERN HILL UNIVERSITY STATUTES Admission of 33. (1) Colleges and other institutions situated within the jurisdiction Colleges, etc. of the University may be admitted to such privileges of the University to the privileges as the Executive Council may decide on the following conditions of the University namely:

(i) Every such College or Institution shall have a regularly constituted Governing Body, consisting of not more than fifteen persons approved by the Executive Council and including, among others two teachers of the University to be nominated by the Executive Council and three representatives of the teaching staff of whom the Principal of the College or Institution shall be one. The procedure for appointment of members of the Governing Body and other matters affecting the management of a College or an Institution shall be prescribed by the Ordinance:

Provided that the said condition shall not apply in the case of Colleges and Institutions maintained by Government which shall, however, have an Advisory Committee consisting of not more than fifteen persons which shall consist of, among others, three teachers including the Principal of the College or Institution, and two teachers of the University nominated by the Executive Council.

(ii) Every such College or Institution shall satisfy the Executive Council on the following matters, namely:

(a) the suitability and adequacy of its accommodation and equipment for teaching;

(b) the qualifications and adequacy of its teaching staff and the conditions of their service;

(d) the adequacy of financial provision made for continued maintenance of the College or Institution; and

(e) such other matters as are essential for the maintenance of the standards of University education.

(iii) No College or Institution shall be admitted to any privileges of the University except on the recommendation of the Academic Council made after considering the report of a Committee of Inspection appointed for the purpose by the Academic Council.

(iv) Colleges and Institutions desirous of admission to any privileges of the University shall be required to intimate their intention to do so in writing so as to reach the Registrar not later than the 15th August, preceding the year from which permission applied for is to have effect.1 ________________________________________________________

1. With the establishment of the Mizoram University the jurisdiction of NEHU over Mizoram ceased from June, 2001).

54 THE NORTH-EASTERN HILL UNIVERSITY STATUTES

(v) A College or an Institution shall not, without the previous permission of the Executive Council and the Academic Council, suspend instruction in any subject or course of study which it is authorised to teach and teaches.

(2) Appointment to the teaching staff and Principals of Colleges or Institutions admitted to the privileges of the University shall be made in the manner prescribed by the Ordinances:

Provided that nothing in this clause shall apply to Colleges and Institutions maintained by Government.

(3) The service conditions of the administrative and other non-academic staff of every College or Institution referred to in clause (2) shall be such as may be laid down in the Ordinances:

Provided that nothing in this Clause shall apply to Colleges and Institutions maintained by Government.

(4) Every College or Institution admitted to the privileges of the University shall be inspected at least once in every two academic years by a Committee appointed by the Academic Council, and the report of the Committee shall be submitted to the Academic Council, which shall forward the same to the Executive Council with such recommendations as it may deem fit to make. The Executive Council, after considering the report and the recommendations, if any, of the Academic Council forward a copy of the report to the Governing Body of the College or Institution with such remarks, if any, as it may deem fit, for suitable action.

(5) The Executive Council may after consulting the Academic Council, withdraw any privileges granted to a College or Institution, at any time it considers that the College or Institution does not satisfy any of the conditions on the fulfilment of which the College or Institution was admitted to such privileges:

Provided that before any privileges are so withdrawn, the Governing Body of the College or Institution concerned shall be given an opportunity to represent to the Executive Council why such action should not be taken.

(6) Subject to the conditions set forth in clause(1), the Ordinances may prescribe:

(i) such other conditions as may be considered necessary;

(ii) the procedure for the admission of Colleges and Institutions to the privileges of the University and for the withdrawal of those privileges.

Convocations 34. Convocations of the University for the conferring of degrees or for other purposes shall be held in such manner as may be prescribed by the Ordinances.

55 THE NORTH-EASTERN HILL UNIVERSITY STATUTES Acting 35. Where no provision is made for a President or Chairman to Chairman of preside over a meeting of any authority of the University or any Meetings Committee of such authority or when the President or Chairman so provided for is absent, the members present shall elect one from among themselves to preside at such meeting.

Resignations 36. Any member, other than an ex-officio member of the Court, the Executive Council, the Academic Council or any other authority of the University or any committee of such authority may resign by letter addressed to the Registrar and the resignation shall take effect as soon as such letter is received by the Registrar.

Manner of 36A. Election of members to various authorities of the University, election to wherever provided in these Statutes, shall be held in accordance with various the system of proportional representation by means of single authorities1 transferable vote.

Disqualifications 37. (1) A person shall be disqualified for being chosen as, and for being, a member of any of the authorities of the University:

(a) if he is of unsound mind or is a deaf-mute or suffers from contagious leprosy;

(b) if he is an undischarged insolvent;

(c) if he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months.

(2) If any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of the Visitor and his decision shall be final and no suit or other proceedings shall lie in any civil court against such decision.

Residence Condition for membership 38. Notwithstanding anything contained in these Statutes, no person and office who is not ordinarily resident in India shall be eligible to be an officer of the University or a member of any authority of the University.

Membership of 39. Notwithstanding anything contained in these Statutes, a person authority by who holds any post in the University or is a member of any authority or virtue of body of the University in his capacity as a member of a particular membership of authority or body or as the holder of a particular appointment shall hold other bodies such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be.

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1. The Statute 36A was added vide Ministry of Education, Govt. of India, letter No.F.10-16/76-(LU) (U2) dated 17.7.1976.

56 THE NORTH-EASTERN HILL UNIVERSITY STATUTES Alumni 40. (1) There shall be an Alumni Association for the University.

Association (2) The subscription for membership of the Alumni Association shall be prescribed by the Ordinances.

(3) No member of the Alumni Association shall be entitled to vote or stand for election unless he has been a member of the Association for at least one year prior to the date of the election and is a graduate of the University of at least five years’ standing:

Provided that the condition relating to the completion of one year’s membership shall not apply in the case of the first election.

Ordinances 41. (1) The first Ordinances made under sub-section(2) of Section 26 how made of NEHU Act may be amended, repealed or added to at any time by the Executive Council in the manner specified below.

(2) No Ordinance in respect of the matters enumerated in Section 26 of NEHU Act, other than those enumerated in clause (n) of sub-section(1) thereof, shall be made by the Executive Council unless a draft of such Ordinance has been proposed by the Academic Council.

(3) The Executive Council shall not have power to amend any draft of any Ordinance proposed by the Academic Council under clause (2), but may reject the proposal or return the draft to the Academic Council for re-consideration, either in whole or in part, together with any amendment which the Executive Council may suggest.

(4) Where the Executive Council has rejected or returned the draft of an Ordinance proposed by the Academic Council, the Academic Council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members present and voting and more than half the total number of members of the Academic Council, the draft may be sent back to the Executive Council, which shall either adopt it or refer it to the Visitor whose decision shall be final.

(5) Every ordinance made by the Executive Council shall come into effect immediately.

(6) Every ordinance made by the Executive Council shall be submitted to the Visitor within two weeks from the date of its adoption. The Visitor shall have the power to direct the University within four weeks of the receipt of the Ordinance to suspend the operation of any such Ordinance and he shall, as soon as possible, inform the Executive Council about his objection to the proposed Ordinance. The Visitor may, after receiving the comments of the University, either withdraw the order suspending the Ordinance or disallow the Ordinance, and his decision shall be final.

57 THE NORTH-EASTERN HILL UNIVERSITY STATUTES Regulations 42. (1) The authorities of the University may make Regulations consistent with this Act, and these Statutes and the Ordinances.

(a) laying down the procedure to be observed at their meetings and the number of members required to form a quorum;

(b) providing for all matters which are required by this Act, these Statutes or the Ordinances to be prescribed by Regulations;

(c) providing for all other matters solely concerning such authorities or committees appointed by them and not provided for by this Act, these Statutes or the Ordinances.

(2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered at a meeting and for the keeping of a record of the proceedings of meetings.

(3) The Executive Council may direct the amendment in such manner as it may specify, of any Regulation made under this Statute or the annulment of any such Regulation.

Delegation of 43. Subject to the provisions of this Act and these Statutes, any officer Powers or authority of the University may delegate his or its powers of any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers.

Employees 44 (1). The following associations may be established by the Associations employees of the University:

(i) association of teachers of the University; and

(ii) association of employees other than the teachers of the University.

(2). The University may recognise an association in accordance with the procedures as may be laid down in an Ordinance subject to the following conditions:

(i) The membership of the association shall be open to all categories of employees or teachers of the University, as the case may be.

Provided that the members of the security staff and employees of the rank of Deputy Registrar and above shall not be eligible to become members of the association of employees other than the teachers of the University.

58 THE NORTH-EASTERN HILL UNIVERSITY STATUTES

(ii) Each association shall adopt its constitution and from time to time make amendments in its constitution once adopted and brought in force:

Provided that no such constitution once adopted or an amendment passed thereto shall come into force unless the same has been approved by the Executive Council.

(3). No association shall act in any manner whatsoever which may bring down the image of the University and which may be detrimental to the achievements of the objectives of the University laid down under the North-Eastern Hill University Act, 1973.

(4). The University may derecognise or suspend recognition of an association for any good and valid reason including breach of conditions of the constitution, the violation of the provisions of the Act, Statutes or Ordinances of the University.

(5). The association shall not raise individual grievances. The association may, however, raise collective grievances.1 Students’ 45 (1). The following Union may be established by the Students of Association the University.

(i) Students’ Union of the University.

(2). The University may recognise the Union in accordance with the procedures as may be laid down in an Ordinance subject to the following conditions:

(i) The membership of the Union shall be open to all categories of students of the University including Research Scholars.

(ii) The Union shall adopt its constitution and from time to time make amendments in its constitution once adopted and brought in force.

Provided that no such constitution once adopted or an amendment passed thereto shall come into force unless the same has been approved by the Executive Council.

(3). The Union shall not act in any manner whatsoever which may bring down the image of the University and which may be detrimental to the achievements of the objectives of the University as laid down under the North-Eastern Hill University Act, 1973.

(4). The University may derecognise or suspend recognition of the Union for any good and valid reason including breach of conditions of the constitution, the violation of the provisions of the Act, Statutes or Ordinances of the University.

(5). The Union shall not raise individual grievances. The Union may, however, raise collective grievances.2 ______________________________________________________

1. Introduced vide MHRD letter No. F.8-42/95-Desk(U) of 30th October, 1996.

2. Introduced vide MHRD letter No. F.8-2/93-Desk(U) of 28th November, 1996.

59 THE NORTH-EASTERN HILL UNIVERSITY STATUTES Procedure of 46 (A).Under Section 24(h) read with Section 30(2) & 31(2) of the Arbitration NEHU Act, 1973.

1. (a). Any employee in dispute with the University arising out of the provision(s) of the contract of employment with the University as defined in Section 30(1) of the NEHU Act, 1973 may submit to the Registrar in writing for reference of the dispute to the Tribunal of Arbitration.

(b) Any student or candidate for an examination in dispute with the University arising out of any disciplinary action taken against him or her by any Officer or authority of the University may submit to the Registrar in writing for reference of the dispute to the Tribunal of Arbitration.

2. Upon receipt of the written submission for reference to the Tribunal for Arbitration the Registrar shall cause the constitution of the Tribunal of Arbitration as laid down under Section 30(2) of the NEHU Act,

1973.

3. The procedure to be followed by the Tribunal of Arbitration shall be as laid down in the Arbitration and Conciliation Act, 1996.1 Procedure of 46 (B). Under Section 24(i) read with Section 32 of the NEHU Appeal Act, 1973.

1. Any employee or student of the University or its constituent Colleges/Institutions who is aggrieved by a decision of any authority or officer of the University may represent to the Registrar through proper channel within 10 days of receipt of such orders or copy of such resolution clearly stating how he is affected by such a decision along with any documentary evidence on the matter supporting the representation.

2. The Registrar upon scrutiny of the representation shall forward the same to the Grievance Redressal Committee within 10 days of receipt of the representation to be constituted as per the Ordinances.

3. The Grievance Redressal Committee will submit its recommendation on the representation to the Registrar within 30 days of receipt of such a reference.

4. The report of the Grievance Redressal Committee may be placed before the next meeting of the Executive Council whose decision on the matter shall be final.

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1. Statute 46 approved by the MHRD Letter No. F.8-38/97-Desk(U), dated 3rd December 1998.

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