The Global Open University Nagaland (1st Amendment) Act 2011

The Global Open University Nagaland (First Amendment) Act,ZOll (Act No. 6 of 2011) Receivedthe assent of the Governor ofNagaland on 14/06/2011 and published in the Nagaland Gazette extraordmaq dated 29/06/201 1. An Act to establish a State University with seluextemal funding by name the Global Open University Nagaland in the State ofNagaland and to provide for matters connected therewith or incidental thereto. Whereas the Government of Nagaland had signed a Memorandum of Understanding with atrust called the World Institution Building Programme W P ) , New Delhi, on the 13"' September,2005, for allowing the said Trust to establish aselfl externally funded State University in the State of Nagaland to offer to the people of Nagaland more choices for pursuing higher professional, technical and technological education; and Whereas the establishment of a State (Self / externally funded) University can be done only through an Act ofthe State Legislative Assembly as per provisions in the University Grants Commission Act 1956. Be it enacted by theNagaland Legislative Assembly in the sixty-second year of the Republic of India as follows: 1. Short title and commencement (i) This Act be called the Global Open University Nagaland (Amendment) Act, 2011. (ii) It shall come into force on the date appointed by the State Government by notification in the Official Gazette. 2. Amendment 1 of section 2 (19) 'University" means the sewexternally funded State University by the name "The Global Open University (Nagaland)" established under this Act; Section 2 (21 ) "Visitor" means the Visitor of the University. Amendment 2 of section 3 (5) (i): The headquarters of the University shall be at Diapur while the main Campuses of the University shall be at Wokhaand Kohima in the State of Nagaland. 3. Amendment 3 of section S(2). The Chancellor shall be responsible for the distribution of the aforesaid powers and functions of the University amongst the officers, councils committee boards and other authorities of the University in accordance with the provisions of this Act for carryingout the objectives of the University. 4. Amendment 4 of section 14-28: Officers of University. 14. The following shall be the officers of the University: (1) TheVisitor (2) The Chancellor (3) The Pro Chancellor (4) The Vice Chancellor (5) The Registrar (6) The Director(s) (7) TheDean(s) (8) The Finance Officer (9) Such other persons who may be declared by regulation as Officers of the University Visitor 15. The Governor ofNagaland shall be the Visitor of the University Powers and functions of Visitor 16 (1) The Visitor shall preside over the convocations of the University and in the case ofhis inability, the Chancellor shall do so. (2) The Visitor shall constitute a Committee every five years from the date of establishment of the University comprising eminent persons in the field of education to review the working of the University and cause its report to be laid before theNagaland Legislative Assembly. (3) The Oficers and Councils under this Act have an obligation to send all the notices, minutes and decisions of their meetings to the Visitor well in advance. (4) The Visitor has the power to attend the meetings ofthe Governing Council and when he so attends, he shall preside over the meetings of the Governing Council. (5) The Visitor has the power to seek from the Chancellor information on all affairs of the University which shall be provided to him with utmost dispatch. Chancellor 17. The President or the Chief Ofticer of the Trust by whatever designation he may be called, shall be the Chancellor of the University. Power and functions of Chancellor 18. (1) The chancellor is the Plenipotentiary of the University and has all powers in regard to the conduct of the affairs of the University in accordance -362- with the provisions of this Act and all unspecified powers shall vest in him which shall be used for more effective implementationofthis Act Pro Chancellor 18. (A) (1) There shall be a Pro Chancellor for the University appointed by the Chancellor inconsultation with the Governing and the Executive Council. (2) The Pro Chancellor with assist the Chancellor in maintaining adminishative and academic discipline in the University. (3) The Honorarium of the Pro Chancellor will be decided as per regulations. Vice Chancellor 19. (2) The shall be a Selection Committee to recommend the selection of the Vice Chancellor which shall comprise a nominee of the Chancellor, a nominee of the Government ofNagaland, two nominees ofthe Trust and anominee of the Governing Council of the University. (5) In case of emergent circumstances where the appointment of a Vice Chancellor on the basis of apanel prepared by a Selection Committee is not possible for any reason, the Chancellor, until an appointment is made in accordance with that procedure, may appoint a suitable person to function as Vice Chancellor for a period not exceeding one year. Powers and function of Vice Chancellor 20 (1) Subject to the foregoing provision, theVice Chancellor shall preside ova the meetings of the Academic Council. (2) He shall,- (v) Take such action as he may deem necessary in case of any emergency and report the same of the mcer or Council or authority concerned which would have ordinarily dealt with the matter: Provided that if the Officer or Council or authority does not approve of the action taken by the Vice Chancellor, the matter will be referred to the Chancellor through the Pro Chancellor whose decisionshall be final. Provided further that the person affected by the decision of the Vice Chancellor or the Officer or Council or authority has a right of appeal to the Chancellor or the Visitor, as the case may be, within thirty days of the decision coming to the knowledge of the affected person; and (vi) Exercise such other powers and perform such other duties as may be assigned to him by the Chancellor or Pro Chancellor or any Council or Officer or authority under this Act or by any regulation. Registrar 2 1. (2) The Registrar shall be appointed by the Vice Chancellor in consultation with the Chancellor and the Pro Chancellor h m out of three persons empanelled by theExecutive Council which shall not indicate any order of preference and leave the selection solely to the independent judgment of the Vice Chancellor. Power and function of Registrar 22 (2) The Registrar shall,- (i) Comply with all directions and orders of the executive Council, the Vice Chancellor, the Pro Chancellor and the Chancellor; (ii) Furnish notices, minutes and other records of the University to the Vice Chancellor, the Pro Chancellor and the Chancellor on his own and furnish all information whenasked by the authority; [i) Call meetings ofthe Executive Council for taking emergent decisions, if any, in the absence of the Chancellor, Pro Chancellor and the =ce Chancellor; (iv) Perfonn such other duties as may be assigned by the Chancellor, the Pro Chancellor; the Vice Chancellor and the Executive Council; and 23. (1) There shall be the following whole time Director(s) who shall be appointed by the Chancellor: Powers and functions of Directors 24 (2) The Chancellor may appoint the Director-in-Charge of operations in the State of Nagaland to any other Committee, Board or authority of the University. (3) The Chancellor may co-opt. any other Director ofthe Univemityinany Council, Committee, Board or authority of the University. Fiance Off~cer 25. (1) There shall be a whole time Finance Officer for the University who shall be appointed by the Chancellor. (2) The Chancellor, onhis subjective satisfaction, may replace the Finance Officer by any other Officer in the employment of the University or by special recruitment, in which case, the outgoing Finance Officer, if he is considered fi$ shall be assigned some other duties in the University. Powers and Functions of Fiance Officer 26 (1) The F i c e Officer shall be responsible for assisting the Chancellor, the Pro Chancellor, the Vice Chancellor, the other Officers, the Councils, Committees, Bodies and other authorities of the University inmanagingthe administmtion of the finances of the University subject to regulations. (3) The Chancellor may co-opt. the Finance Officer in any other Council, Committee, Board or authority ofthe University. 5. Amendments 5 of section 30-45: COUNCILS, COMMITTEESAND BOARDS Governing Council 30. (1) The following shall be the members of the Governing Council: @ The Chancellor shall be the ex officio Chairman, (In) The Pro Chancellor shall be the ex officio Co-Chairman, (3) Anorninated member may resign from the membership of the Governing Council at any time by addressing his resignation to the Chancellor. Powers and functions of Governing Council 3 1. The Goveming Council shall,- (11) Delegate any of its powers to the Chancellor, the Pro Chancellor, the Vice Chancellor, the Registrar or the Director or any Council or any other authority of the University for a temporary duration; and Meetings of Governing Council 32. (3) Ifthe Visitor chooses to attend any meeting, he shall have the ovenidmg right to preside over the meeting. (10) If business of the Council has to be transacted urgently without waiting for a formal meeting to take place, the Chancellor may authorize the circulation of questions to the members for decision, which shall be deemed as valid decision of the Council for action; however, such decisions shall be circulated at the earliest to all concemed for information and compliance. Executive Council 33 (1) The following shall be the members ofthe Executive Council: @ The Chancellor shall be the ex oficio Chairman, (ii) One nominee of the Trust who shall be a member of the Governing Council, to be named by theTrust; Powers and functions of executive Council 34. (1) TheExeculiveCouncil Shall,- (xix) Delegate any ofits powers to the Chancellor, the Pro Chancellor, the Vice Chancellor, the Registrar or the Director or any Council or any other authority of the University for a temporary duration; and Meetings of Executive Council 35. (2) The Chainnan or in his zbsence, the Co-Chainnan or in the absence of both, the Vice Chairman shall preside over the meetings. (8) If business of the Council has to be transacted urgently without waiting for a formal meeting to take place, the Chancellor may authorize the circulation of questions to the members for decision, which shall be deemed as valid decision of the Council for action; however, such decisions shall be circulated at the earliest to all concerned for information and compliance. Academic Council 36. (1) The following shall be the members of the Academic Council: &) The Chancellor may like to attend the meetings of the Academic Council and ifhe attends any meetin& he will preside over those meetings also. Meetings ofAeademic Council 38 (8) If business of the Council has to transacted urgently without waiting for a formal meeting to take place, the Chancellor may authorize the circulation of questions to the members for decision, which shall be deemed as valid decisionofthe Council far action; however, suchdecisions shall be circulated at the earliest to all concerned for informationand compliance. . Fiance Committee 40 (1) The following shall bethe members ofthe Finance Committee: (1) The Chancellor as the ex officio Chairman; (7) One nominee ofthe Trust in the Governing Council, to be named as a member by the trust; Ad hoc Committees 43. The University shall have power to constitute ad hoc Committees for any purpose connected with the affairs of the University and such Committees shall present their reports to the Chancellor. The reports are advisoty in nature and wherever feasible shall be acted upon by the University. Boards of Studies 44. (2) The Chairman, Vice Chairman and members of the Board will be nominated by the Chancellor 6. Amendment 6 of section 56 (new clause added) Provident Fund and Pension 56. The University shall constitute for the benefit ofits employees such provident and pension h d and provide such insurance scheme as it may deem fit in suchmanner and subject to such condition as may be prescribed. 7. Amendment 7 of section 60 (section 60 will become 66 as new clause 56 is added) Accreditation and compliance with laws 61. (I) the university shall seek, obtain and retain accreditation fiom respective national accreditation bodies for all its course and programmes of study, as required under the University Grants Commission Act 1956 and theuniversity Grants Commission.