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Section 30: (1) The University shall establish and constitute a fund to be known as General Fund of the University to which the following shall be credited

The Amity University Act, 2014State Act of West Bengal · Act 24 of 2014

(a) fees and other charges received by the University from the students;

(b) any contribution made by the Sponsoring Society;

(c) any income received from consultancy and other work undertaken by the University in pursuance of its objectives;

(d) trusts, bequests, donations, endowments and any other grants; and

(e) all other sums received by the University from any source whatsoever.

(2) The General Fund of the University may be utilized for the following purposes :—

(a) for payment of debts including interest charges thereto incurred by the University;

(b) for upkeep of the assets of the University;

(c) for the payment of cost of audit of the University;

(d) for meeting the expenses of any suit or proceedings to which the University is a party;

(e) for payment of salaries and allowances of the officers and nonteaching employees of the University and members of the teaching and research staff and for payment of any provident fund contribution, gratuity and other benefits to any such officers, employees and members of teaching and research staff;

(f) for the payment of travelling and other allowances of the members of the Governing Board, the Academic Councils and other authorities so declared under the Statutes of the University and of the members of any committee appointed by any of the authorities or by the Chancellor or the Vice-Chancellor and other officers and employees in performance of official duties, as the case may be, of the University;

(g) for the payment of fellowships, free-ships, scholarships, assistanceships and other awards to the students belonging to economically weaker sections of the society or research associates or trainees, as the case may be, or to any student otherwise eligible for such awards under the Statutes, Regulations and the Ordinances;

Appointment of teachers and non-teaching employees in the University.

Funds and accounts of the University.

16 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 21, 2015 [PART III The Amity University Act, 2014.

(Sections 31-33.)

(h) for the payment of any expense incurred by the University in discharging its functions;

(i) for payment of cost of capital not exceeding the prevailing bank rate of interest, incurred by the Sponsoring Society for setting up the University and the investment made therefor;

(j) for the payment of charges and expenditure relating to the consultancy work undertaken by the University in pursuance of this Act; and

(k) for the payment of any other expenses including service fees payable to any organization charged with the responsibility of providing any specific service, including the managerial services to the University on behalf of the Sponsoring Society, as approved by the Governing Board to be an expense incurred for the purpose of the University.

31. (1) The University shall establish an Endowment Fund in the name of the University through a fixed deposit of a minimum of rupees ten crore in a Nationalized Bank, which may be used for the development of the University:

Provided that the Sponsoring Society shall make available the whole Endowment Fund to the Administrator during the process of winding up of the University failing which the same shall be realized from the properties of the University.

(2) The Endowment Fund shall be maintained until the dissolution of the University.

(3) A security deposit shall, be pledged in the name of Higher Education Department, through a fixed deposit of rupees one crore in a Nationalized Bank to be kept as security deposit; interest proceeds of which may be used for the development of the University.

(4) The State Government shall have the power to forfeit the security deposit in such prescribed manner, in case the University contravenes any of the provisions of this Act.

32. (1) The University shall, with the approval of the Governing Board, constitute for the benefit of the officers, teachers and other employees of the University, in such manner and subject to such terms and conditions as may be provided for by the Regulations, such scheme of pension, provident fund, gratuity and insurance as it may deem fit.

(2) Any provident fund instituted by the University for the benefit of its teachers, officers, or employees shall be governed by the provisions of Provident Funds Act, 1925, as if such fund were a Government Provident Fund and such provident fund may be maintained in a Government Treasury.

33. (1) The University shall maintain proper accounts and other relevant records, and prepare an annual statement of accounts including the income and expenditure account and balance sheet, in such form and in such manner as may be provided for by the Regulations.

(2) The University shall adopt a proper system of internal checks and balances and controls in the discharge of its finance, accounting and auditing functions as may be provided for by the Regulations.

(3) The accounts of the University shall be audited not less than once in every year by a statutory auditor who shall be a Chartered Accountant as defined in the Chartered Accountant Act, 1949 as may be appointed by the Governing Board.

(4) The annual statement of accounts shall, together with copies of the audit report be submitted to the Governing Board and to the State Government.

Endowment Fund of the University.

Pension and Provident Fund.

Annual accounts and audit.

19 of 1925.

38 of 1949.

PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 21, 2015 17 The Amity University Act, 2014.

(Sections 34, 35.)

Admission of students.

Examinations and results.

34. (1) Admission of students in the University shall be made on the basis of merit.

(2) Merit for admission in the University may be determined either on the basis of marks or grade obtained in the qualifying examination or on the basis of marks or grade obtained in a relevant entrance examination conducted by the University or by Common Entrance Test conducted at the State or National level:

Provided that any achievement in co-curricular activities or extra-curricular activities may be given weightage at the discretion of the University:

Provided further that the admission criteria for specific courses, as prescribed by the concerned Regulatory Bodies, shall be adhered to.

(3) The seats in engineering, technology and management courses in the University or the colleges and other institutions subsumed in the University shall be guided by the existing framework of the All India Entrance Examination or the West Bengal Joint Entrance Examinations Board through its state level common entrance test and counselling process until the University opts to work out its own entrance examination framework for admission into the courses as per the decision of the Governing Board.

(4) The University shall keep five percent of total intake reserved for filling up with economically weaker persons in the manner as may be notified by the State Government from time to time.

35. (1) The University shall at the beginning of each academic session and in any case not later than 31st of August of every calendar year, prepare and publish a semester wise or annual, as the case may be, schedule of examinations for each and every course conducted by it and shall strictly adhere to the schedule.

Explanation.—"Schedule of Examination" means a table giving details about the time, day and dates of the commencement of each paper which is part of a scheme of examinations and shall also include the details about the practical examination:

Provided that if, for any reasons whatsoever, the University has been unable of follow the schedule, it shall, as soon as may be practicable, submit a report, to the State Government incorporating the detailed reasons for making a departure from the published schedule.

(2) The State Government shall have power to issue such directions to the University in removing difficulties in relation to any examination of the University, as it may deem necessary in the interest of the students.

(3) The University shall declare the results of every examination conducted by it within a period of forty-five days from the last date of examination for that particular course:

Provided that if, for any reason whatsoever, the University is unable to finally declare the results of any examination within the aforesaid period of forty-five days, it shall submit a report incorporating the detailed reasons for such delay to the State Government:

Provided further that the State Government may upon considering such report issue such directions to the University as it may deem necessary in the interest of the students.

(4) The University shall have power to award degrees or diplomas or titles or awards or certificates to any person involved in the course of study or in research in the University in accordance with the Regulations as may be framed or upon such terms and conditions as may be provided by the Regulatory Bodies.

18 THE KOLKATA GAZE 11E, EXTRAORDINARY, JANUARY 21, 2015 [PART III The Amity University Act, 2014.

(Sections 36-38.)

Powers to make Regulations.

36. Notwithstanding anything contained in any other law for the time being in force, the University shall have powers to confer degrees, diplomas, certificates and honorary degrees and other distinctions and titles, as approved by the Governing Board.

37. Subject to the provisions of this Act and the rules made thereunder, any officer or authority of the University may, by order, delegate his or its powers, except the power to make the Statutes, the Regulations or the Ordinances of the University, to any other officer or authority under his or its control and subject to the conditions that the ultimate responsibility for the exercise of the power so delegated shall continue to vest in the officer or authority delegating them.

38. (1) Subject to the provisions of this Act, the Governing Board shall have, in addition to all other powers vested in it, the power to make Regulations to be provided for the administration and management of the affairs of the University.

(2) In particular and without prejudice to the generality and foregoing powers, such Regulations may provide for all or any of the following matters, namely:—

(i) the summoning and holding of meetings of the authorities of the University other than the first meeting of the Governing Board, the quorum and conduct of business at such meetings;

(ii) the power and functions to be exercised and discharged by the Chancellor of the University;

(iii) the constitution, powers and duties of the other authorities, bodies and committees of the University established under this Act, the qualifications and disqualifications for membership of such authorities, bodies and committees, term of office of the membership, appointment and removal of members thereof and other matters connected therewith, and removal of members of the Governing Board, the Academic Council and the Finance Committee;

(iv) the procedure to be followed by the Governing Board and any Committee or other body constituted under this Act and the Statutes made thereunder, in conducting of their business;

(v) the procedure and the criteria to be followed in established courses of study and admission of students thereof;

(vi) the procedure to be followed by enforcing discipline in the University;

(vii) the management of the properties of the University;

(viii) the degrees, diplomas, certificates and other academic distinctions and titles which may be conferred or granted by the University and withdrawal or cancellation of any such degrees, diplomas, certificates and other academic distinctions and titles and the requirements thereof;

(ix) the conduct of examinations including the term of office and appointment of examiners;

(x) the creation of posts of Professors, Associate Professors, Assistant Professors or equivalent academic designations or posts, officers and employees of the University, and the appointment of persons to such posts including the qualifications requisite therefor;

(xi) the fees and other charges which may be paid to the University for the courses, training facilities and services provided by it;

(xii) the manner and conditions for constitution of insurance, pension and provident funds and such other schemes for the benefit of officers, teachers and other employees of the University;

Conferment of degrees, diplomas and grant of certificates by the University.

Power to delegate.

PART III] THE KOLKATA GAZE I I b, EXTRAORDINARY, JANUARY 21, 2015 19 The Amity University Act, 2014.

(Sections 39-42.)

(xiii) the terms and conditions applicable for association of the University with other institutions;

(xiv) the preparation of budget estimates and maintenance of accounts;

(xv) the mode of execution of contracts or agreement by or on behalf of the University;

(xvi) the method of recruitment, classification and procedure for appointment of officers and staff of the University;

(xvii) the terms and conditions governing deputation of officers and staff of the University;

(xviii) the terms and conditions governing fellowship, scholarship, stipends, medals and prizes;

(xix) the authentication of the orders and decisions of the Governing Board;

(xx) the matters relating to hostels and halls of residence including disciplinary control therein;

(xxi) all other matters which by this Act are to be provided for by the Regulations.

Powers to make rules.

Disqualification.

General powers of the State Government.

39. (1) Subject to the provisions of this.Act, the State Government shall have powers to make rules for the purpose of duly carrying out the provisions of this Act.

(2) Every rules made by the State Government under this Act shall, as soon as they are made, be laid down before the State Legislature while it is in session.

Where this provision sits

ActThe Amity University Act, 2014
Section30
Marginal note(1) The University shall establish and constitute a fund to be known as General Fund of the University to which the following shall be credited
JurisdictionState of West Bengal
StatusIn force as published by the source

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