[Act No.
02 of 2022] [03rd
June, 2022] An Act to establish and
incorporate a teaching, research and extension University with a view to
upgrade and reconstitute the existing Bhatkhande Music Institute Deemed
University, Lucknow in the State of Uttar Pradesh and to provide for matters
connected therewith or incidental thereto. It is hereby enacted in the
Seventy third Year of the Republic of India as follows:- (1)
This Act may be called the Bhatkhande Sanskriti Vishwavidyalaya
Act, 2022. (2)
It shall be deemed to have come into force with effect from
January 6, 2022 In this Act unless the
context otherwise requires: (a)
"Academic Council", means the Academic Council of the
University constituted under section 22; (b) "Affiliated
College" means an institution affiliated to the University in accordance
with the provisions of this Act and Statutes of the University; (c) "Autonomous
College" means an affiliated or recognized college declared as such in
accordance with the provisions of section 40; (d) "Chancellor"
means the Chancellor of the University; (e) "Constituent
College" means an institution maintained by the University and named as
such by the Statutes; (f) "Director"
in relation to an Institute, means the head of such Institute; (g) "Executive
Council" means the Executive Council of the University constituted under
section 19; (h) "Existing
University" means Bhatkhande Music Institute Deemed University; (i) "Faculty"
means a faculty of the University; (j) "Foundation
course" means a course of greater awareness of oneself and of the social
cultural and natural environment; (k) "Hall"
means a unit of residence for students maintained or recognized by the
University in which provision is made for imparting tutorial and other
supplementary instructions; (l) "Hostel"
means a unit of residence for students maintained or recognized by the
University, other than a hall, and "hostel of an affiliated or recognized
college" means a unit of residence for students of that college; (m) "Institute"
means an Institute established by the University under section 41; (n) "Management"
in relation to an affiliated or recognized college means the Managing Committee
or other body charged with managing the affairs of that college and recognized
as such by the University; (o) "Other
Backward Classes of citizens" shall have the same meaning as in the Uttar
Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and
Other Backward Classes) Act, 1994; (p) "Prescribed"
means prescribed by the Statutes; (q) "Principal"
in relation to an affiliated, recognized or a constituent college means the
head of such college and includes, the person for the time being duly appointed
to Act as Principal, and in the absence of the Principal or Acting Principal, a
Vice-Principal duly appointed as such; (r) "Registrar"
means the Registrar of the University appointed under section 14; (s) "Recognized
College" means any institution recognized by the University and authorized
under the provisions of this Act and the Statutes of the University to provide
for the teaching necessary for admission to a degree of the University; (t) "Secretary"
means the Principal Secretary or the Secretary, as the case may be, of the
concerned Department of the Government of Uttar Pradesh; (u) "Self
finance course" means a course with respect to which all financial
liabilities shall be borne by the Management of an recognized or affiliated
college or by the University; (v) "Senior
officers of the State" means officers of the Provincial Service of Uttar
Pradesh posted in the University by the State Government; (w) "Statutes",
"Ordinances" and "Regulations" means respectively the
Statutes, Ordinances and Regulations of the University; (x) "Teacher"
means Professor, Associate Professor, Assistant, Professor imparting
instructions or guiding research in the University or a Constituent College or
Affiliated College or a Recognized College or Institute of the University or
such other persons as may be declared to be the teacher by the Statutes; (y) "University"
means the Bhatkhande Sanskriti Vishwavidyalaya established under section 3; (z)
"Vice Chancellor" and "Pro-Vice Chancellor"
means the Vice Chancellor and Pro-Vice Chancellor of the University appointed
under sections 11 and 13 respectively. (1)
With effect from such date as the State Government may, by
notification in the Gazette appoint, there shall be established in the State of
Uttar Pradesh a University by the name of "Bhatkhande Sanskriti
Vishwavidyalaya". (2)
With effect from the date of commencement of this Act, the
Bhatkhande Music Institute Deemed University shall cease to function as such,
and all the assets and liabilities of the said Deemed to be University shall
stand transferred to the University. (3)
The University shall be a body corporate. The Chancellor, the
Vice-Chancellor, the members of the Executive Council and the Academic Council
for the time being holding office as such in the University shall constitute
the body corporate. (4)
The headquarter of the University shall be at Lucknow. (5)
The University shall have perpetual succession and a common seal,
and shall sue and be sued by its name. (6)
In relation to the University to be established under sub-section
(1):- (a)
the State Government shall appoint interim officers of the said
University and shall constitute interim authorities of such University in such
manner as its thinks fit; (b)
the officers appointed and members of the authorities constituted
under clause (a) shall hold office until the appointment of officers or the
constitution of the authorities in accordance with clause (c) or such other
earlier date as may be specified by the State Government in this behalf: Provided that the State
Government may, by notification, extend the term of the members of such
authorities for a period not exceeding one year. (c) the State
Government shall take steps for the appointment of officers and constitution of
authorities of such University in accordance with the provisions of this Act,
so that the same may be completed before the expiry of the respective terms of
the interim officers and members under clause (b). The objectives of the
University shall be :- (i)
to provide for instruction and training in all branches of Music,
Art and Culture in India in order to achieve highest standard in education of
Music, Art and Culture and to disseminate the same in society at large; (ii)
to facilitate research for the advancement and dissemination of
knowledge in order to promote Indian Classical Music, Art and Culture, in India
and abroad, and to establish new campus of University in India and abroad in
order to achieve this goal; (iii)
to undertake extra mural studies, extension programs and field
outreach activities in order to contribute to the development of society; (iv)
to own, manage, and develop as an institution for the advancement
of Classical Music, open to all irrespective of caste, creed, race, and
religion, economic position or social status; (v)
to bring about musical, intellectual, emotional and ethical
integration of an individual possessing the basic values of humanism,
secularism, and democracy; capable of giving a fuller response to social and
environmental challenges, and having a strong character and high ethical
standard; (vi)
to organise and impart excellent music education in classical,
vocal and instrumental forms and dance education in classical as well as
contemporary forms; (vii)
to nurture a musical temper and train a person in practical music
and musicology to make the individual better suited to the increasingly music
oriented society of the day; (viii)
to promote the study of cultural heritage and provide a musical
background for retaining human touch so as to mellow down the harshness of a
mechanical world; (ix)
to promote, preserve and encourage the folk music and dances of
India; (x)
to facilitate research in Science of Music and all the three
branches of Indian Classical Music, Vocal, Instrumental and Dancing; (xi)
to collect and preserve the best classical compositions in the
form of tapes, records, manuscripts, photographs, instruments, costumes and
ornaments etc.; (xii)
to organize and conduct short term and refresher courses, summer
camps etc. and invite experts and research scholars from within the country and
abroad for delivering lectures regarding the promotion of Indian Culture; (xiii)
to offer job oriented diploma and certificate courses in the field
of performing arts, film making, visual arts, archaeology, musicology and
archives; (xiv) to
produce, direct and perform music programmes before the public and music
connoisseurs as a part of training and promotion of Indian Music as well as for
the promotion of the other objectives of the University; (xv)
to introduce various courses regarding teaching and learning in
the field of Choreography, Script writing, Cinematography, Music Composition,
Lyrics Writing, Song Recordings, Music Designing, Anchoring, Costume Designing,
Make-up, Light Designing, Instrument making and to promote programmes based on
Indian Culture; (xvi) to
publish a Research Journal of international standards with a view to preserve
and promote Indian Music, Arts and Culture; (xvii) to invite
respected vocalists, instrumentalists, dance maestro, drawing and painting
artists, and subject experts from the field of museum, archaeology and archives
to impart training in workshops; and to create study material for audio visual
library of the Institute as well as to help in developing the extra-curricular
activities par excellence; (xviii)
to collect, evaluate and preserve the best classical compositions,
manuscripts, photographs, instruments, costumes, ornaments, audio-video
recordings, etc; (xix) to
promote, preserve and pave the way for performance and research of folk culture
of Uttar Pradesh and India; (xx)
to collect, evaluate and preserve the best classical compositions,
manuscripts, photographs, instruments, costumes, ornaments, audio-video
recordings, etc; (xxi) to foster
cultural and academic contacts within India and abroad through cultural and
academic exchange programs with a view to facilitate students, teachers, and to
conduct research for their foreign visits to attend seminars and performances
as well as to give advancement to their studies; (xxii) to grant
affiliation and to enter into Memorandum of Understanding (MoUs) with the
Universities, museums and Academies of the same nature from different States of
India and other countries of abroad; (xxiii)
to establish a Research and Documentation Cell in University to
enrich pure Indian classical music, accessible to the world by way of both real
and virtual teaching in the digital era of globalization; (xxiv)
to promote and encourage Guru Shishya Prampara tradition of Indian
Culture; (xxv)to initiate research in
Music as a therapy and to promote and encourage inter-disciplinary researches
therein; (xxvi)
to establish inter-departmental cultural academic exchange
programme and courses with any similar Universities or Institutes; (xxvii)
to prepare professional courses of highest academic level
synthesising music, art, culture and tourism to promote employment; (xxviii) to sign
M.O.U. with different Pilgrimage Development Boards established or to be
established by the Government of Uttar Pradesh for granting Degree, Diploma,
for participation in research and cultural activities and also to have
co-operation with other activities of these Boards in order to promote cultural
diversity; (xxix)
to set up a separate faculty for study and research in traditional
theatre of different cultural zones of Uttar Pradesh i.e., Awadh, Poorvanchal,
Bundelkhand, Braj and Paschimanchal Uttar Pradesh, etc; (xxx)to promote study of and to
establish centres related to Uttar Pradesh Classical Gharanas, and classical
and folk music in countries like Mauritius, Surinam, Trinidad, etc; (xxxi)
to facilitate scholarships to those students of the University,
who are pursuing their further studies abroad in the field of music, arts and
culture; (xxxii)
to facilitate students to achieve different fellowships; (xxxiii) to set up
a mega auditorium for performance and a digitals studio, well-equipped with
modern facilities and techniques for music composing, editing, dubbing and
other related works, along with a mini auditorium to promote performing skills
among the students and artists, by way of workshops and seminars/symposias and
exhibition gallery for various exhibitions; (xxxiv) to set up
a modern library, digitally equipped library for studies and other similar
works; (xxxv)
to set up a museum of rare instruments related to folk, tribal and
contemporary music, art and culture; (xxxvi) to
felicitate the reputed and distinguished personalities of the State of Uttar
Pradesh, of India and abroad to give them proper recognition of their lifelong
works and achievements to music art and culture, and to develop a sense of
responsibility among the students and research scholars of the University so
that they can serve the society in fields of music and arts by developing
skills in respect thereof; (xxxvii)
to organize lectures, seminars, symposia and conferences to make
music and arts with efficient instruments of socio-cultural and academic
development; (xxxviii)
to hold examinations and confer degrees and other academic
distinctions; (xxxix) to do all
such other acts and things as may be necessary or desirable to further the
objects of the University. The University shall have
the following powers and functions, namely,- (i)
to provide for instruction in such branches of learning as the
University may think fit, and to make provisions for research and for the
advancement and dissemination of knowledge of art and culture; (ii)
to admit any college to the privileges of affiliation or
recognition or to enlarge the privileges of any college already affiliated or
recognized, as the case may be, or to withdraw or curtail any such privilege
and to guide and control the work of affiliated and recognized colleges. (iii)
to confer degrees, diplomas and other academic distinctions; (iv)
to hold examination for, and to grant and confer degrees, diplomas
and other academic distinctions to and on persons, who:- (a)
have pursued a course of study in the University, a constituent
college or an affiliated college, or recognized college; or (b)
have carried on research in the University or in an institution
recognized in that behalf by the University or independently, under conditions
laid down in the Statutes and the Ordinances; or (c)
have pursued a course of study by correspondence whether residing
within the area of the University or not, and have been registered by the
University as external candidates, subject to such conditions as may be laid
down in the Statutes and Ordinances; or (d)
are teachers or other employees, in the University or in an
Institute or in a constituent or affiliated or recognized college or in any
other educational institution under conditions laid down in the Statutes and the
Ordinances, and have carried on private studies under the conditions laid down
in the Statutes and the Ordinances; or. (e)
are persons residing within the area of the University and have
carried on private studies under conditions laid down in the Statutes and
Ordinances; or (f)
are blind and are residing within the area of the University and
have carried on private studies under conditions laid down in the Statutes and
the Regulations; (v)
to grant such diplomas to, and to provide such lectures and
instructions for persons, not being students of the University, as the
University may determine; (vi)
to co-operate and collaborate with other Universities and
authorities in such manner and for such purposes as the University may
determine; (vii)
to institute teaching posts required by the University and to
appoint persons to such posts; (viii)
to recognize teachers for giving instruction in halls; (ix)
to lay down the conditions of affiliation or recognition of
colleges and to satisfy itself by periodical inspection and otherwise that those
conditions are satisfied; (x)
to institute and award scholarships, fellowships (including
travelling fellowship), studentships and prizes in accordance with the Statutes
and the Ordinances; (xi)
to institute and maintain halls and hostels and to recognize places
of residence for students of the University, the Institutes or the constituent
or recognized colleges affiliated; or (xii)
to demand and receive such fees and other charges as may be fixed
by the Ordinances; (xiii)
to supervise and control the residence and to regulate the
discipline of students of the University, the Institute and the constituent or
affiliated or recognized colleges and to make arrangements for promoting their
health; (xiv) to
publish books, monographs, periodicals and papers in various subjects taught in
the University, the Institute and the constituent or affiliated or recognized
colleges; (xv)
to raise loans; (xvi) to
receive grants, subventions, subscriptions, donations, and gifts for the
purpose of the University and consistent with the objectives for which the
University is established; (xvii) to
acquire, hold, manage and dispose of any property, movable or immovable,
including trust and endowment properties for the purposes of the University; (xviii)
to create administrative, ministerial and other necessary posts and
to make appointments thereto; and (xix) to do all
such acts and things, whether incidental to the powers aforesaid or not as may
be requisite in order to further the objects of the University The jurisdiction of the
University shall extend to the whole of the State of Uttar Pradesh. (1)
The University shall be open to all persons (including the
teachers and students) of whatever race, religion, caste, creed, class or sex: (2)
The University shall not admit to any course of study a larger
number of students than may be determined by the Statutes and Regulations: Provided that nothing in
this section shall be deemed to prevent the University from making special
provisions for admission of students belonging to the Scheduled Castes, the
Scheduled Tribes or Other Backward Classes of citizens. (1)
The State Government, shall have the right to cause an inspection
to be made by such person or persons as it may direct, of the University or any
constituent college or any Institute maintained by the University including its
buildings, libraries, laboratories, workshops and equipment and also of the
examinations, teaching and other work conducted or done by the University or such
colleges or Institute or to cause an inquiry to be made in the like manner in
respect of any manner connected with the administration and finances of the
University or such college or such Institute. (2)
Where the State Government decides to cause an inspection or
inquiry to be made under sub-section (1), it shall inform the University of the
same through the Registrar, and any person nominated by the Executive Council
may be present at such inspection or inquiry as representative of the
University and he shall have the right to be heard as such: Provided that no legal
practitioner shall appear, plead or act on behalf of the University at such
inspection or inquiry. (3)
The person or persons appointed as per Statutes to inspect or
inquire under sub-section (1) shall have all the powers of a Civil Court, while
trying a suit under the Code of Civil Procedure, 1908, (Act no. 5 of 1908) for
the purpose of taking evidence on oath and enforcing the attendance of
witnesses and compelling production of documents and material objects, and
shall be deemed to be a Civil Court within the meaning of sections 345 and 346
of the Code of Criminal Procedure, 1973 (Act no. 2 of 1974) and any proceeding
before him or them shall be deemed to be judicial proceeding within the meaning
of sections 193 and 228 of the Indian Penal Code, 1860 (Act no. 45 of 1860). (4)
The State Government shall address the Vice-Chancellor with
reference to the result of such inspection or inquiry, and the Vice-Chancellor
shall communicate to the Executive Council the views of the State Government
with such advice as the State Government may offer upon the action to be taken
thereon. (5)
The Vice-Chancellor shall then, within such time as the State
Government may fix, submit to it a report of the action taken or proposed to be
taken by the Executive Council. (6)
If the University authorities do not within a reasonable time,
take action to the satisfaction of the State Government, the Government may
after considering any explanation which the University authorities may furnish,
issue such directions as it may think fit, and the University authorities shall
be bound to comply with such directions. (7)
The State Government shall send to the Chancellor a copy of every
report of an inspection or inquiry caused to be made under sub-section (1), of
every communication received from the Vice-Chancellor under sub-section (5), of
every direction issued under sub-section (6), and also of every report or
information received in respect of compliance or non-compliance with such direction. (8)
Without prejudice to the provisions of sub-section (6) if the
Chancellor, on consideration of any document or material referred to in
sub-section (7) of this section including any report of an inquiry held before
the commencement of this. Act is of opinion that the Executive Council has
failed to carry out its functions or has abused its powers, he may, after
giving it an opportunity of submitting a written explanation order that in
supersession of the said Executive Council, an ad hoc Executive Council
consisting of the Vice-Chancellor and such other persons not exceeding ten in
number as the Chancellor may appoint in that behalf including any member of the
superseded Executive Council shall for such period not exceeding two years as
the Chancellor may from time to time specify and subject to the provisions of
sub-section (11), exercise and perform all the powers and functions of the
Executive Council under this Act. (9)
Nothing in section 19 shall apply to the composition of the ad-hoc
Executive Council that may be constituted under-sub-section (8). (10)
Upon an order being made under sub-section (8), the term of office
of all members of the Executive Council superseded thereby, including
ex-officio members shall cease and all such members shall vacate their offices
as such. (11)
During the period of operation of an order under sub-section (8),
the provisions of this Act, shall have effect subject to the following
modifications, namely:- (a)
in section 19, after sub-section (5), the following sub-section
shall be deemed inserted: "(6)
A meeting of the Executive Council shall
be held at least once every two months:" (b)
in section 20, in sub-section (1), after the words "subject
to the provisions of this Act", the words "and subject also to the
control of the Chancellor" shall be deemed inserted; (12)
A fresh Executive Council shall be constituted in accordance with
the provisions of section 19 with effect from the expiration of the period of
operation of an order under sub-section (8). (13)
Any Statute, Ordinance, Regulation or other rules made during the
period of operation of an order under sub-section (8), in accordance with the
provisions of this Act, as deemed modified by virtue of the provisions of
sub-section (11) shall, notwithstanding the expiration of such period, continue
in force until amended, repealed or rescinded in accordance with the provisions
of this Act. The following shall be the
officers of the University (a)
the Chancellor; (b)
the Vice-Chancellor; (c)
the Registrar; (d)
the Finance Officer; (e)
the Controller of Examinations; (f)
the Deans of the Faculties; (g)
the Dean of Students Welfare; (h)
such other officers as may be declared by the Statutes to be the
officers of the University. (1)
The Governor shall be the Chancellor of the University. He shall,
by virtue of his office, be the Head of the University. (2)
Every proposal for the conferment of an honorary degree shall be
subject to the confirmation of the Chancellor. (3)
It shall be the duty of the Vice-Chancellor to furnish such
information or records relating to the administration of the affairs of the
University as the Chancellor may call for. (4)
The Chancellor shall have such other powers as may be conferred on
him by or under this Act or the Statutes. (1)
The Vice-Chancellor shall be whole-time salaried officer of the
University and shall be appointed by the Chancellor except as provided by
sub-section (5) or sub-section (10) from amongst the persons whose names are
submitted to him by the Committee constituted in accordance with the provisions
of sub-section (2). (2)
The Committee referred to in sub-section (1) shall consist of the
following members, namely- (a)
one person (not being a person connected with the University, an
Institute and a constituent college, a recognized or affiliated college or a
hall or hostel, or any authorities of the University) to be nominated by the
Executive Council at least three months before the date on which a vacancy in
the office of the Vice-Chancellor is due to occur by reason of expiry of his
term: Provided that if any member
of the Executive Council, including the Vice Chancellor, is an applicant for
the post of Vice-Chancellor he shall recuse the said meeting while discussing
the agenda point of this issue. (b)
one person who is a sitting judge of the High Court of Judicature
at Allahabad including the Chief Justice thereof nominated by the said Chief
Justice; and (c)
one person to be nominated by the Chancellor who shall also be the
convener of the Committee: Provided that where the
Executive Council fails to nominate any person in accordance with clause (a),
then the Chancellor shall nominate in addition to the person nominated by him
under clause (c), one person in lieu of the representative of the Executive
Council. (3)
The Committee shall, as far as may be, at least ninety days before
the date on which a vacancy in the office of the Vice-Chancellor is due to
occur by reason of expiry of term or resignation under sub-section (7), and
also whenever so required and before such date as may be specified by the
Chancellor, submit to the Chancellor the names of not less than three and not
more than five persons suitable to hold the office of the Vice-Chancellor. The
Committee shall while submitting the names, also forward to the Chancellor a
concise statement showing the academic qualifications and other distinctions of
each of the persons so recommended in English alphabetical order, which shall
not indicate any order of preference. (4)
Where the Chancellor does not consider any one or more of persons
recommended by the Committee to be suitable for appointment as Vice-Chancellor
or if one or more of the persons recommended is or are not available for
appointment and the choice of the Chancellor is restricted to less than three
persons, he may require the Committee to submit a list of fresh names in
accordance with sub-section (3). (5)
If the Committee in the case referred to in sub-section (3) or
sub-section (4) fails or is unable to suggest any names within the time
specified by the Chancellor, or if the Chancellor does not consider any one or
more of the fresh names recommended by the Committee to be suitable for
appointment as Vice-Chancellor then another Committee consisting of three
persons of academic eminence shall be constituted by the Chancellor which shall
submit the names in accordance with sub-section (3). (6)
No act or proceeding of the Committee shall be invalidated merely
by reason of the existence of a vacancy or vacancies among its members or by
reason of some person having taken part in the proceedings who is subsequently
found not to have been entitled to do so. (7)
(a) Only such person shall be eligible for appointment to the
office of Vice Chancellor who has not attained the age of sixty-five years; (b) The Vice-Chancellor
shall hold the office for a term of three years from the date he enters upon
his office or till he attains the age of sixty eight years whichever is
earlier; (c) The Vice-Chancellor who
has not attained the age of sixty-five years may be appointed as such for
second term: Provided that the
Vice-Chancellor may, by writing under his hand addressed to the Chancellor
resign his office and shall cease to hold his office on the acceptance by the
Chancellor of such resignation. (8)
Subject to the provisions of this Act, the emoluments and other
conditions of service of the Vice-Chancellor shall be such as may be determined
by the Statutes. (9)
The Vice-Chancellor shall not be entitled to the benefit of any
pension, insurance or provident fund constituted under section 32: Provided that when any
teacher or other employee of any University or any affiliated or recognized
college is appointed as Vice-Chancellor, he shall be allowed to continue to
contribute to the provident fund to which he is a subscriber and the
contribution of the University shall be limited to what it had been
contributing immediately before his appointment as Vice-Chancellor. (10)
In any of the following circumstances (of the existence of which
the Chancellor shall be the sole judge), the Chancellor may appoint any
suitable person to the office of Vice-Chancellor for a term not exceeding six
months as he may specify:- (a)
where a vacancy in the office of Vice-Chancellor occurs or is
likely to occur by reason of leave or any other cause, not being resignation or
expiry of term on which a report is forthwith made by the Registrar to the
Chancellor; (b)
where a vacancy in the office of Vice-Chancellor occurs and it
cannot be conveniently and expeditiously filled in accordance with the
provisions of sub-sections (1) to (5); (c)
any other emergency : Provided that the
Chancellor may from time to time, extend the term of appointment of any person
to the office of Vice-Chancellor under this sub-section, so however, that the
total term of such appointment including the term fixed in the original order
does not exceed one year. (11)
Until a Vice-Chancellor appointed under sub-section (1) or
sub-section (5) or sub-section (10) assumes office, the Pro-Vice-Chancellor, if
any, or the senior-most Professor of the University shall discharge the duties
of the Vice-Chancellor as well. (12)
If in the opinion of the Chancellor, the Vice-Chancellor wilfully
omits or refuses to carry out the provisions of this Act or abuses the powers
vested in him, or if it otherwise appears to the Chancellor that the
continuance of the Vice-Chancellor in office is detrimental to the interest of
the University, the Chancellor may, after making such inquiry as he deems
proper, by order, remove the Vice-Chancellor. (13)
During the pendency or in contemplation, of any inquiry referred
to in sub-section (12), the Chancellor may order that till further orders:- (a)
such Vice-Chancellor shall refrain from performing the functions
of the office of Vice-Chancellor but shall continue to get the salary and
University residence. (b)
the functions of the office of the Vice-Chancellor shall be
performed by the person specified in the order. (1)
The Vice-Chancellor shall be the principal executive and academic
officer of the University and shall:- (a)
exercise general supervision and control over the affairs of the
University including the constituent colleges and the Institutes maintained by
the University and its affiliated and recognized colleges; (b)
give effect to the decisions of the authorities of the University
; (c)
in the absence of the Chancellor, preside over any convocation of
the University; (d)
be responsible for the maintenance of discipline in the University; (e)
be responsible for holding and conducting the University
examinations properly and at due times and for ensuring that the results of
such examinations are published expeditiously and that the academic session of
the University starts and ends on proper dates. (2)
He shall be an ex-officio member and Chairman of the Executive
Council, Academic Council and the Finance Committee. (3)
He shall have the right to speak in and otherwise to take part in
the meeting of any other authority or body of the University but shall not by
virtue of this sub-section be entitled to vote. (4)
It shall be the duty of the Vice-Chancellor to ensure the faithful
observance of the provisions of this Act, the Statutes and the Regulation and
he shall, without prejudice to the powers of the Chancellor [under sections 10
and 68] possess all such powers as may be necessary in that behalf. (5)
The Vice-Chancellor shall have the power to convene or cause to be
convened meetings of the Executive Council, the Academic Council and the Finance
Committee: Provided that he may
delegate this power to any other officer of the University. (6) Where any
matter (other than the appointment of teacher of the University) is of urgent
nature requiring immediate action and the same could not be immediately dealt
with by any officer or the authority or other body of the University empowered
by or under this Act to deal with it, the Vice-Chancellor may take such action
as he may deem fit and shall forthwith report the action taken by him to the Chancellor
and also to the officer, authority, or other body who or which in the ordinary
course would have dealt with such matter: Provided that no such
action shall be taken by the Vice-Chancellor without the previous approval of
the Chancellor if it would involve a deviation from the provisions of the
Statutes or the Ordinances: Provided further that if
the officers, authority or other body is of the opinion that such action ought
not to have been taken, it may refer the matter to the Chancellor who may either
confirm the action taken by the Vice-Chancellor or annul the same or modify it
in such manner, as he thinks fit and thereupon, it shall cease to have effect
or, as the case may be, take effect in the modified form, so however, that such
annulment or modification shall be without prejudice to the validity of
anything previously done by or under the order of the Vice-Chancellor: Provided also that any
person in the service of University who is aggrieved by the action taken by the
Vice-Chancellor under this sub-section, shall have the right to appeal against
such action to the Executive Council within three months from the date on which
decision on such action is communicated to him and thereupon, the Executive
Council may confirm, modify or reverse the action taken by the Vice-Chancellor. (7)
Nothing in sub-section (6) shall be deemed to empower the
Vice-Chancellor to incur any expenditure not duly authorised and provided for
in the budget. (8)
Where the exercise of the power by the Vice-Chancellor under
sub-section (6) involves the appointment of an officer such appointment shall
terminate an appointment being made in the prescribed manner or on the
expiration of a period of six months from the date of the order of the
Vice-Chancellor, whichever is earlier. (9)
The Vice-Chancellor shall exercise such other powers as may be
laid down by the Statutes and the Ordinances. (1) The
senior-most professor of the University shall be appointed as
Pro-Vice-Chancellor by the Vice Chancellor with prior approval of the
Chancellor: Provided that if any
enquiry is pending against senior most professor or he is punished for any
financial, administrative or moral misconduct the next senior most Professor
will be considered for the post of Pro Vice-Chancellor having no such
disabilities. (2)
The 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 in the absence of the Vice Chancellor
preside over the meetings of the University. He shall not be entitled for any
other emoluments than his entitlement as professor for the post of Pro Vice
Chancellor. (3)
The Pro-Vice-Chancellor shall have such other powers as may be
conferred upon him by or under this Act or the Statutes. (1)
The Registrar shall be a whole-time officer of the University. (2)
The Registrar shall be appointed by the State Government from
amongst the senior-most administrative officers of the State or Registrar,
Deputy Registrar and Assistant Registrar, separate service cadre created by
rules made in this regard by notification in official Gazette by the State
Government. He may be appointed in
accordance with, and his conditions of service may be governed by such rules. (3)
The Registrar shall have the power to authenticate records on
behalf of the University. (4)
The Registrar shall be responsible for the due custody of the
records and the common seal of the University. He shall be the ex-officio
Secretary of the Executive Council, the Academic Council and the Admissions
Committee and of every Selection Committee for appointment of teachers of the
University and shall be bound to place before these authorities all such
information as may be necessary for transaction of their business. He shall
also perform such other duties required, as may be prescribed by the Statutes
and Ordinances, from time to time, by the Executive Council or the
Vice-Chancellor but he shall not, by virtue of this sub-section be entitled to
vote. (5)
The Registrar shall not be offered nor shall he accept any
remuneration for any works in the University save such as may be provided for
by rules made under sub-section (2) (6)
While the Registrar is for any reason unable to act or the office
of Registrar is vacant, all the duties of the office shall be performed by such
person as may be appointed by the Vice-Chancellor, until the Registrar resumes
his duties or, as the case may be, the vacancy is filled. (1)
There shall be a Finance Officer for the University, who shall be
appointed by the State Government and his remuneration and allowances shall be
paid by the University. (2)
The Finance Officer shall be responsible for presenting the budget
(annual estimates) and the Statement of Accounts to the Executive Council and
also for drawing and disbursing funds on behalf of the University. (3)
He shall have the right to speak in and otherwise to take part in
the proceedings of the Executive Council but shall not be entitled to vote. (4)
The Finance Officer shall have the duty- (a)
to ensure that no expenditure, not authorised in the budget, is
incurred by the University (otherwise than by way of investment); (b)
to disallow any proposed expenditure which may contravene the
provisions of this Act or the terms of any Statutes or Ordinances; (c)
to ensure that no other financial irregularity is committed and to
take steps to set right any irregularities pointed out during audit; (d)
to ensure that the property and investments of the University are
duly preserved and managed. (e)
to ensure that internal audit is conducted atleast twice in a
financial year, and shall take all corrective measures and actions subject to
the provisions of this Act as required by the such audit report. (5)
The Finance Officer shall have access to and may require the
production of such records and documents of the University and the furnishing
of such information pertaining to its affairs as in his opinion may be
necessary for the discharge of his duties. (6)
All contracts shall be entered into and signed by the Finance
Officer on behalf of the University. (7)
Other powers and functions of the Finance Officer shall be such as
may be prescribed. (1)
The Controller of Examinations shall be a whole-time officer of
the University. (2)
The Controller of Examinations shall be appointed by the State
Government and his remuneration and allowances shall be paid by the University. (3)
The Controller of Examinations shall be responsible for the due
custody of the records pertaining to his work. He shall be ex officio Secretary
of the Examinations Committee of the University and shall be bound to place
before such Committee all such information as may be necessary for transaction
of its business. He shall also perform such other duties as may be prescribed
by the Statutes and Ordinances, as required from time to time, by the Executive
Council or the Vice-Chancellor but he shall not, by virtue of this sub-section,
be entitled to vote. He may require, from any office or institute of the University,
the production of such return or the furnishing of such information as may be
necessary for the discharge or his duties. (4)
The Controller of Examination shall have administrative control
over the employees working under him. (5)
Subject to the superintendence of the Examination Committee, the
Controller of Examination shall conduct the examination and make all other
arrangements therefor and be responsible for the due execution of all processes
connected therewith. (6)
The Controller of Examinations shall not be offered nor shall he
accept any remuneration for any work in the University, except in accordance
with the order of the State Government. (7)
While the Controller of Examination is for any reason unable to
act or the office of Controller of Examination is vacant, all the duties of the
office shall be performed by such person as may be appointed by the
Vice-Chancellor, until the Controller of Examination resumes his duties or the
vacancy is filled, as the case may be. The powers of officers of
the University other than the Chancellor, the Vice-Chancellor, the
Pro-Vice-Chancellor, Finance Officer, the Registrar and the Controller of
Examinations shall be such as may be laid down by the Statutes and the
Ordinances. The following shall be the
authorities of the University- (a)
the Executive Council; (b)
the Academic Council; (c)
the Finance Committee; (d)
Faculties (e)
such other authorities as may be declared by the Statutes to be
authorities of the University. (1)
The Executive Council shall consist of- (a)
the Vice-Chancellor who shall be the Chairman thereof; (b)
the Pro-Vice-Chancellor, if any; (c)
the Deans of two Faculties by rotation in the manner prescribed; (d)
one member from amongst the Professors or Associate Professors
belonging to the Scheduled Castes or Scheduled Tribes and one member from
amongst the Professors or Associate Professors belonging to Other Backward
Classes of citizen nominated by the Chancellor; (e)
three persons of academic eminence - one person each from the
field of music, art and culture to be nominated by the Chancellor; (f)
one retired judge of the High Court of Judicature at Allahabad to
be nominated by the Chancellor; (g)
Additional Chief Secretary or Principal Secretary or Secretary,
Culture Department of State Government, as the case may be, or his nominee not
below the rank of Special Secretary; (h)
Additional Chief Secretary or Principal Secretary or Secretary,
Higher Education Department of State Government, as the case may be, or his
nominee not below the rank of Special Secretary; (i)
Additional Chief Secretary or Principal Secretary or Secretary,
Finance Department of the State Government, as the case may be, or his nominee
not below the rank of Special Secretary. (2)
The term of office of members mentioned in:- (i)
clauses (c) and (d) of sub section (1) shall be one year. (ii)
clause (e) or clause (f) of sub-section (1) shall be three years. (3)
No person shall be a member of the Executive Council for more than
two consecutive terms. (4)
Notwithstanding anything in sub-section (1) no person shall be
nominated as a member of the Executive Council unless he is a graduate or an
eminent person from the field of music, art and culture. (5)
A person shall be disqualified for being chosen as and for being,
a member of the Executive Council if he or his relative accepts any
remuneration for any work in or for the University or any contract for the
supply of goods to or for the execution of any work for the University: Provided that nothing in
this sub-section shall apply to the acceptance of any remuneration by a teacher
as such or for any duties performed in connection with an examination conducted
by the University or for any duties as Superintendent or Warden of a training
unit or any hall or hostel or proctor or teachers for any duties of a similar
nature in relation to the University. Explanation :- The
expression "relative" shall have the same meaning as defined in
clause (77) of section 2 of the Companies Act, 2013 ( Act no. 18 of 2013). (1)
The Executive Council shall be the principal executive body of the
University and subject to the provisions of this Act, shall have the following
powers namely:- (i)
to hold and control the property and funds of the University; (ii)
to acquire or transfer any movable or immovable property on behalf
of the University; (iii)
to make, amend or repeal Statutes and Ordinances; (iv)
to administer any funds placed at the disposal of the University
for specific purposes; (v)
to prepare the budget of the University; (vi)
to award scholarship, fellowships, bursaries, medals and other
rewards in accordance with the Statutes and Ordinances; (vii)
to appoint teachers and other employees of the University and to
define their duties and conditions of their service, and to provide for the
filling of temporary casual vacancies in their posts; (viii)
to fix the fees, emoluments and travelling and other allowances of
the examiners; (ix)
to admit any college to the privileges of affiliation or
recognition or enlarge the privileges of any college already
affiliated/recognised or withdraw or curtail any such privilege; (x)
to arrange for and direct the inspection of Institutes,
affiliated, recognized or constituent colleges, halls, hostels and other places
of residence of students; (xi)
to direct the form and use of common seal of the University; (xii)
to regulate and enforce discipline among officers and members of
the teaching, administrative and other staff of the University in accordance
with the Statutes and the Ordinances; (xiii)
to manage and regulate the finances, accounts, investments,
property, business and all others administrative affairs of the University and
for that purpose, to appoint such agents as it may think fit; (xiv) to invest
any money belonging to the University (including any income from trust and
endowed property) and purchase immovable property as per the directions of the
State Government. (xv)
to provide the buildings, premises, furniture and apparatus and
other means needed for carrying on the work of the University ; (xvi) to enter
into, vary, carry out and cancel contracts on behalf of the University; (xvii) to
appoint Committees for admissions and examinations in the manner as provided in
Statutes; (xviii)
to regulate and determine all other matters concerning the
University as well as Institutes, constituent, affiliated and recognized
colleges in accordance with this Act, the Statutes and the Ordinances. (2)
No immovable property of the University shall, except with the
prior sanction of the State Government, be transferred (except by way of
letting from month to month in the ordinary course of management) by the
Executive Council by way of mortgage, sale, exchange, gift or otherwise nor
shall any money be borrowed, or advance taken on the security thereof except as
condition of receipt of any grant-in-aid of the University from the State
Government or, with the previous sanction of the State Government, from any
other person. (3)
No expenditure in respect of which approval of the State
Government is required by this Act or the Statutes or Regulations shall be
incurred except with such approval previously obtained, and no post shall be
created either in the University or in any Institute or constituent college
maintained by the University except with the prior approval of the State
Government [or except in accordance with any general or special order of the
State Government]: Provided that in case of
self finance courses no such approval of the State Government is required. (4) The Executive
Council may with the prior approval of the State Government create
supernumerary post of teacher of the University with a view to enabling a
teacher who is for the time being holding a responsible position of national
importance in India or abroad in educational administration or other similar
assignments to retain his lien and seniority as such teacher and also to
continue to earn increments in his pay scale during the period of his
assignment and to contribute towards provident fund and earn retirement
benefits, if any, in accordance with Statutes: Provided that no salary
shall be payable to such teacher by the University for the period of such
assignment. (5)
The pay and other allowances to various categories of the
employees of the University or of any Institute or constituent college or
affiliated or recognized college shall be such as may be approved by the State
Government. (6)
The Executive Council shall not exceed the limits of recurring and
nonrecurring expenditure to be incurred in each financial year fixed by the
Finance Committee. (7)
The Executive Council shall not take any action in regard to the
number, qualifications and emoluments of teachers, and the fees payable to
examiners, except after considering the advice of the Academic Council and the
Boards of Faculties concerned. (8)
The Executive Council may, subject to any conditions laid down in
the Statutes delegate such of its powers as it deems fit to an officer or any
other authority of the University or to a Committee appointed by it. (1)
The Executive Council shall meet atleast once in three months
except in emergency meeting, and not less than fifteen days' notice shall be
given to the members thereof of such meeting. (2)
One-third of the total number of members of the Executive Council
shall form the quorum at any meeting thereof. (3)
Decision shall be taken by the majority in the meeting of the
Executive Council. (1)
The Academic Council shall be the principal academic body of the
University and subject to the provisions of this Act, the Statutes and the
Ordinances:- (a)
shall have the control and general regulation of, and be
responsible for the maintenance of standard of instruction education and
research carried on or imparted in the University; (b)
may advise the Executive Council on all academic matters including
matters relating to examinations conducted by the University; and (c)
shall have such powers and duties as may be conferred or imposed
upon it by the Statutes. (2)
Subject to the provisions of this Act or the Statutes, the
Academic Council shall in addition to all other powers vested in it, have the
following powers, namely:- (i)
to report on any matter referred on delegated to it by the
Executive Council; (ii)
to make recommendations to the Executive Council with regard to
the creation, abolition or classification of teaching posts in the University
and the qualification, emoluments and duties attached thereto; (iii)
to formulate and modify or revise schemes for organization of the
faculties and to assign to such faculties their respective subjects and also to
report to the Executive Council as the expediency of the abolition or
subdivision of any faculty or the combination of one faculty with another; (iv)
to make arrangement through regulations for the instruction and
examination of persons other than those enrolled in the University; (v)
to promote research with the University and to require, from time
to time, to report on such research; (vi)
to consider proposals submitted by the faculties; (vii)
to recognize diplomas and degrees of other Universities and
Institutions and to determine their equivalence in relation to the diplomas and
degrees of the University; (viii)
to fix, subject to any conditions accepted by the Executive
Council, the time, mode and conditions of competitions for fellowship,
scholarships and other prizes and to award the same; (ix)
to make recommendations to the Executive Council with regards to
the appointment of examiners and, if necessary their removal and the fixation
of their fees, emoluments and travelling and other expenses; (x)
to make recommendation to Executive Council for arrangement of the
conduct of examination and to fix dates for holdings them; (xi)
to declare the result of the various examinations or to, appoint
committees or officers to do so, and to make recommendations regarding the
conferment of grant of degrees, honours, diplomas, licenses, titles and marks
of honours; (xii)
to award stipends, scholarships, medals and prizes and to make
other awards in accordance with the regulations and such other conditions as
may be attached to the awards; (xiii)
to publish list of prescribed or recommended text books and to
publish syllabus of the prescribed courses of study; (xiv) to
prepare such form and registers as are from time to time, prescribed by
regulations; and to perform in relation to academic matters, all such duties
and to do all such acts as may be necessary for the proper carrying out of
provisions of this Act. (3)
The Academic Council shall consist of the following members,
namely:- (i)
the Vice-Chancellor; (ii)
the Deans of all Faculties, if any ; (iii)
all Heads of Departments of the University and where there is no
department in a subject in the University, the senior-most teacher from
affiliated colleges representing that subject from the Faculty concerned; (iv)
all Professors of the University who are not Heads of Departments; (v)
the Principals of constituent colleges and the Directors of
Institutes, if any; (vi)
two Professors from each constituent college, if any, by rotation
in order of seniority to be determined in the manner prescribed ; (vii)
one Principal of affiliated or recognized colleges (if any) to be
selected by rotation in the manner prescribed; (viii)
three teachers to be selected in the manner prescribed; (ix)
the Dean of Students Welfare; (x)
the Librarian of the University; and (xi)
three persons of academic eminence - one person each from the
field of Art, Music and Culture to be nominated by the Chancellor: Provided that if there is
no member belonging to the Scheduled Castes or Scheduled Tribes or the Other
Backward Classes of citizens in the Academic Council constituted under this
sub-section, the Vice-Chancellor may nominate one member belonging to the
Scheduled Castes or Scheduled Tribes and One member belonging to Other Backward
Classes from an affiliated college or the University. (4)
Subject to the provisions of section 61 the term of office of
members other than ex officio members shall be three years. (5)
Unless a proposal having academic importance has been recommended
by the Academic Council, the Executive Council shall not take a decision
thereon and if the Executive Council disagrees with the recommendations of the
Academic Council, it shall refer the proposal back to the Academic Council with
reasons for the disagreement and the decision of Executive Council shall be
final. (1)
The Academic Council shall meet at least once in three months
except in emergency meeting and not less than fifteen days' notice shall be
given to the members thereof of such meeting. (2)
One-third of the total number of members of the Academic Council
shall form the quorum at any meeting thereof. (3)
Decision shall be taken by the majority in the meeting of the
Academic Council. (1)
The Finance Committee shall consist of :- (a)
the Vice-Chancellor; (b)
the Additional Chief Secretary or Principal Secretary, or
Secretary Culture to the State Government, as the case may be; (c)
the Additional Chief Secretary or Principal Secretary or
Secretary, Finance Department of the State Government, as the case may be; (d)
the Pro= Vice-Chancellor, if any ; (e)
the Registrar; (f)
the Controller of Examination; (g)
one member from the Executive Council to be nominated by the
Executive Council; (h)
the Finance Officer or Finance Controller (whosoever is senior)
shall also be the Secretary of the Committee, (2)
A member referred to in clause (b) or clause (c) of sub-section
(1) may instead of attending any meeting of the Finance Committee himself,
depute an officer not below the rank of a Special Secretary to the State
Government and an officer so deputed shall also have the right to vote. (3)
The Finance Committee shall advise the Executive Council on
matters relating to the administration of property and funds of the University.
It shall, having regard to the income and resources of the University, fix
limits for the total recurring and non-recurring expenditure for the ensuing
financial year and may, for any special reasons, revise during the financial
year the limits of expenditure so fixed and the limits so fixed shall be
binding on the Executive Council. (4)
The Finance Committee shall have such other powers and duties as
may be conferred or imposed on it by this Act or the Statutes. (5)
Unless a proposal having financial implication has been
recommended by the Finance Committee, the Executive Council shall not take a
decision thereon and if the Executive Council disagrees with the
recommendations of the Finance Committee, it shall refer the proposal back to
the Finance Committee with reasons for the disagreement and the decision of
Executive Council shall be final. (1)
The Finance Committee shall meet at least once in three months except
in emergency meeting, and not less than fifteen days' notice shall be given to
the members thereof of such meeting. (2)
One-third of the total number of members of the Finance Committee
shall form the quorum at any meeting thereof. (3)
Decision shall be taken by the majority in the meeting of the
Finance Committee. Notwithstanding anything
provided by this Act, the meeting of the Finance Committee shall not take place
in the absence of members of the Finance Committee as provided in clauses (b)
and (c) of sub-section (1) of section 24. (1)
The University shall have such Faculties as may be prescribed. (2)
Each Faculty shall comprise such departments of teaching as may be
prescribed and each Department shall have such subjects of study as may be
assigned to it by the Act. (3)
There shall be a Dean of each Faculty who shall be appointed from
amongst the Professors of the University by rotation in order of seniority and
shall hold office for three years: Provided that if there is
no Professor in the Faculty, the office of Dean shall be held by Associate
Professors and if there are no Associate Professors, then by other teachers in
that Faculty, by rotation in order of seniority. (4)
The Dean shall be the Chairman of the Faculty and be responsible
for:- (a)
the organization and conduct of the teaching and research work of
departments comprised in the Faculty; and (b)
the due observance of the Statutes, Ordinances and Regulations
relating to the Faculty. (5)
In each Department of teaching in the University, there shall be a
Head of the Department whose appointment shall be regulated by Statutes: Provided that every person
holding the office of Head of Department immediately before the date of
commencement of this sub-section shall, subject to the provisions of this Act
and the Statutes, continue to hold office on the same terms and conditions as
he held immediately before the said date. (6)
The Head of Department shall be responsible to the Dean for the
organization of teaching in the Department and have such other powers and
duties as may be provided in the Ordinances. (7)
There shall be constituted in accordance with the provisions of
the Ordinances, Boards of Studies in respect of different subjects of study and
more than one subject may be assigned to one Board of Studies. The constitution powers and
duties of other authorities of the University shall be such as may be
prescribed. (1)
Subject to the provisions of this Act,- (a)
Assistant Professor, Associate Professor, Professor and all other
teaching staff of the University shall be appointed by the Executive Council on
the recommendation of a Selection Committee constituted in the manner as
prescribed by the Statutes. (b)
Assistant Professor, Associate Professor, Professor and all other
teaching staff of the affiliated or recognized colleges (other than a college
maintained exclusively by the State Government) shall be appointed by the Management
of the affiliated or recognized college, as the case may be, on the
recommendation of Selection Committees constituted in the manner as prescribed
by the Statutes. (c)
Director of an Institute or the Principal of constituent college
shall be appointed by the Executive Council on the recommendation of a
Selection Committee in the manner as prescribed by the Statutes. (d)
The Principal of an affiliated or recognized college (other than
those appointed by the management of the affiliated or recognized college)
shall be appointed on the recommendation of a Selection Committee in the manner
as prescribed by the Statutes. (e)
The Selection Committee for the post of Librarian, a Deputy
Librarian and Assistant Librarian shall be the same as that of a Professor, Associate
Professor and Assistant Professor. (2)
Qualification, experience and conditions of service of Assistant
Professor, Associate Professor, Professor, Director of an Institute, Principal
of constituent recognized and affiliated colleges and all other teaching staff
under sub section (1) of this section shall be such as prescribed by the
statutes. Subject to the provision of
this Act, all teaching staff appointed under sub-section (1) of section 29
shall be promoted in such manner and have such length of service and
qualifications as prescribed by the Statutes. (1)
Except as otherwise provided by Statutes, no salaried officer and
teacher of the University shall be appointed except under a written contract
which shall be consistent with the provisions of this Act, the Statutes and
Ordinances. (2)
The original contract shall be lodged with the Registrar and a
copy thereof shall be furnished to the officer or teacher concerned. (3)
In the case of an officer or teacher employed before the
commencement of this Act all contracts in force immediately before such
commencement shall, to the extent of any inconsistency with the provisions of
this Act or the Statutes or the Ordinances, be deemed to have been modified by
the said provisions. The University and every
affiliated or recognized college shall constitute, for the benefit of its
officers, teachers and other employees, in such manner and subject to such
conditions as may be specified by general or special order by the State
Government such pension, insurance or provident fund as it may deem fit
including a fund from which such teachers or their heirs, as the case may be,
shall be paid pension or gratuity in the event of their incurring disability,
wound or death in connection with the discharge of their duties as
Superintendent of a Centre or invigilator as defined in Uttar Pradesh
Universities (Provisions regarding Conduct of Examinations) Act, 1965. (1)
The conditions regarding payment of remuneration to the teachers
of the University or for an affiliated or an recognized college for any duties
performed in connection with any examination conducted by an Indian University
or anybody other than Public Service Commission shall be such as may be
prescribed. (2)
No teacher of the University or of an affiliated or recognized
college shall at any time, hold more than one remunerative office carrying
duties other than teaching or duties connected with any examination. Explanation :- The words
'remunerative office' include the offices of Warden or Superintendent of a Hall
or Hostel, Proctor, Games Superintendent, Librarian, and any office in the
National Cadet Corps, National Sports Organisation, National Social Service
Scheme and University Employment Exchange. (1)
Any dispute arising out of a contract of appointment referred to
in section 31 or section 32 shall be referred to a Tribunal of Arbitration as
prescribed by the Statutes. (2)
The decision of the Tribunal shall be final and binding on the
parties and shall not be questioned in any Court. (3)
The Tribunal of Arbitration shall have the power:- (i)
to regulate its own procedure; (ii)
to order re-instatement of the officer or teacher concerned; and (iii)
to award salary to the officer or teacher concerned, after
deducting therefrom such income which such officer or teacher might have
otherwise derived during his suspension, removal, dismissal or termination from
service. (4)
Nothing contained in any law for the time being in force relating
to arbitration shall apply to arbitration under this section. (5)
No suit or proceedings shall lie in any Court in respect of any
matter which is required by sub-section (1) to be referred to the Tribunal of
Arbitration: Provided that every
decision of the Tribunal referred to in sub-section (2) shall be executable by
the lowest Court having territorial jurisdiction, as if it were a decree of
that Court. (1) The
Executive Council may, with the previous sanction of the Chancellor admit any
college which fulfils such conditions of affiliation as may be prescribed, to
the privileges of affiliation or enlarge the privileges of any college already
affiliated or subject to the provisions of sub-section (8) withdraw or curtail
any such privilege: Provided that if in the
opinion of the Chancellor a college substantially fulfils the conditions of
affiliation, he may sanction grant of affiliation to that college or enlarge
the privileges thereof in specific subjects for one term of a course of study
on such terms and conditions as he may deem fit: Provided further that
unless all the prescribed conditions of affiliation are fulfilled by a college,
it shall not admit any student in the first year of the course of study for
which affiliation is granted under the foregoing proviso after one year from
the date of commencement of such affiliation. (2)
It shall be lawful for an affiliated college to make arrangement
with any other affiliated college situated in the same local area, or with the
University for co-operation in the work of teaching or research. (3)
Except as provided by this Act, the management of an affiliated
college shall be free to manage and control the affairs of the college and be
responsible for its maintenance and upkeep, and its Principal shall be
responsible for the discipline of its students and for the superintendence and
control over its staff. (4)
Every affiliated college shall furnish such reports returns and
other particulars as the Executive Council or the Vice-Chancellor may call for. (5)
The Executive Council shall cause every affiliated college to be
inspected from time to time at intervals not exceeding five years by one or
more persons authorised by it in that behalf, and a report of the inspection
shall be made to the Executive Council. (6)
The Executive Council may direct an affiliated college so
inspected to take such action as may appear to it to be necessary within such
period as may be specified. (7)
The privileges of affiliation of a college which fails to comply
with any direction of the Executive Council under sub-section (6) or to fulfil
the conditions of affiliation may, after obtaining a report from the Management
of the college, be withdrawn or curtailed by the Executive Council in
accordance with the provisions of the Statutes. (8)
Notwithstanding anything contained in sub-section (1) and (7), if
the Management of an affiliated college has failed to fulfil the conditions of
affiliation, the State Government may, after obtaining a report from the
Management and the Vice-Chancellor, withdraw or curtail the privileges of
affiliation. (9)
Any institution, whose application is rejected by the University,
may prefer an appeal to the State Government within thirty days from the
receipt of the order of rejection, which may either allow the appeal or reject
it. The State Government shall also have power to review the matter of
application of a college in cases where complaints have been received by it
with respect to the irregularities committed by the college. (1)
Recognized colleges shall be such as may be named by the Statutes. (2)
It shall be lawful for a recognized college to make arrangements
with any other recognized college or colleges or with the University for
co-operation in the work of teaching. (3)
The conditions of recognition of a recognized college shall be
prescribed by the Statutes or imposed by the Executive Council but no
recognized college shall except with the previous approval of the Chancellor,
be authorised to impart instruction for post-graduate degrees: Provided that if a
recognized college is not authorized to grant recognition for imparting
instruction for post-graduate degrees, such college may, with the approval of
the Chancellor, be granted affiliation by any University referred to in section
35 anything in section 5 notwithstanding and thereupon, such college shall
cease to be a recognized college for post graduate course. (4)
Except as provided by this Act, the Management of a recognized
college shall be free to manage and control the affairs of the college and be
responsible for its maintenance and upkeep. The Principal of every such college
shall be responsible for the discipline of its students and for the
superintendence and control over its staff. (5)
The Executive Council shall cause every recognized college to be
inspected from time to time at intervals not exceeding three years by one or
more persons authorised by it in this behalf and a report of the inspection
shall be made to the Executive Council. (6)
The recognition of a recognized college may with the previous
sanction of the Chancellor be withdrawn by the Executive Council, if it is
satisfied after considering any explanation furnished by the management that it
has ceased to fulfil the conditions of its recognition or that it persists in
making default in the performance of its duties under this Act or in the
removal of any defect in its work pointed out by the Executive Council. A person shall be
disqualified from being chosen as and for being a member of the Management of
an affiliated or recognized college (other than a college maintained exclusive
be the State Government or by local authority), if he or his relative accepts
any remuneration for any work in or for such college or accepts any contract
for the supply of goods to or for the execution of any work for such college: Provided that nothing in
this section shall apply to the acceptance of any remuneration by a teacher as
such or for any duties performed in connection with an examination conducted by
the college or for any duties as Superintendent or Warden of a training unit or
of a hall or hostel of the college or as a Proctor or tutor or for any duties
of a similar nature in relation to the college. Explanation.- The term 'relative'
shall have the same meaning as assigned to it in the Explanation to section 19. (1)
The State Government shall have the right to cause an inspection
to be made by such person or persons as it may direct, of any affiliated and
recognised college, including buildings, laboratories and equipments thereof
and also of the examinations teaching and other work conducted or done by it,
or cause an inquiry to be made in respect of any matter connected with the
administration and Finances of such college. (2)
Where the State Government decides to cause an inspection or
inquiry to be made under sub-section (1), it shall inform the Management of the
same and a representative appointed by the Management and where the Management
fails to appoint a representative, the Principal of the college may be present
at such inspection or inquiry and shall have the right to be heard on behalf of
the Management but no legal practitioner shall appear, plead or act on behalf
of the college at such inspection or inquiry. (3)
The person or persons appointed to inspect or inquire under
sub-section (1) shall have all the powers of a Civil Court while trying a suit
under the Code of the Civil Procedure, 1908 (Act no. 5 of 1980), for the
purpose of taking evidence on oath and of enforcing the attendance of witnesses
and compelling production of documents and material objects, and shall be
deemed to be a Civil Court within the meaning of sections 480 and 482 of the
Code of Criminal Procedure, 1973 (Act no. 2 of ] 974) and any proceedings
before him or them shall be deemed to be judicial proceedings within the
meaning of sections 193 and 228 of the Indian Penal Code, 1860 (Act no. 45 of
1860). (4)
The State Government may communicate to the Management, the result
of such inspection or inquiry and may issue direction as to the action to be
taken and the Management
shall forthwith comply with such directions. (5)
The State Government shall inform the Vice-Chancellor about any
communication made by it to the Management under sub-section (4). (6)
The State Government may, at any time call for any information
from the Management or Principal of an affiliated or recognized college in
connection with such inspection or inquiry. (1)
Constituent colleges shall be such as may be named by the
Statutes. (2)
The Principal of a constituent college shall be responsible for
the discipline of the students enrolled in the college and shall have general
control over the ministerial and inferior staff allotted to the college. He
shall exercise such other powers as may be prescribed by the Statutes. (1)
The University may grant in the manner prescribed, to an
affiliated or recognized college which satisfies the conditions prescribed in
that behalf, the privileges of varying, for the students receiving instruction
in such college, the courses of study prescribed by the University, and holding
examination in the courses so varied. (2)
The extent to which the courses may be varied and the manner of
holding the examination conducted by such college shall be determined in each
case by the University. (3)
Such a college shall be declared in the manner prescribed as an
autonomous college. The University may
establish one or more Institutes which will organize and conduct teaching and
research in any subject. No person connected with
the Management of an affiliated or recognized college and no Principal or other
teacher or other employee thereof shall directly or indirectly take or receive
or cause to be taken or received any contribution donation, fees or any other
payment of any sort, either in cash or in kind except the fees at the rates
laid down in the Regulations, from or on behalf of any pupil (as a condition
for granting him admission to or permitting him after such admission to
continue in such college). Where a contribution or
donation either in cash or in kind is taken or received by any affiliated or
recognized college, the contribution or donation so received shall be utilised
only for the purpose for which it was given to it. (1)
The halls and hostels of the University shall be:- (a)
those maintained by the University and named in the Statutes; (b)
those recognised by the Executive Council on such general or
special conditions as may be provided by the Ordinance's. (2)
The warden and other staff of the halls and hostels shall be
appointed in the manner provided by the Ordinances. (3)
There shall be a Delegacy to supervise the arrangements relating
to the residence, health and welfare of students of the University not residing
in or under the care of any constituent college or hall. The constitution,
power and functions of the Delegacy shall be prescribed by the Statutes. Subject to the provisions
of this Act, the Statutes may provide for any matter relating to the University
and shall in particular, provide for:- (a)
the constitution power and functions of the authorities of the
University; (b)
the election, appointment and term of office of the members of the
authorities of the University including the continuance in office of the first
members and the filling in of vacancies in their membership and all other
matters relating to these authorities for which it may be necessary to provide; (c)
the powers and duties of the officers of the University; (d)
the classification and recruitment (including minimum
qualifications and experience) of Principals and other teachers of the
University and of affiliated and recognized colleges, the maintenance by them
of their annual academic progress report, the rules of conduct to be observed
by them and their emoluments and other conditions of service (including
provisions relating to compulsory retirement); (e)
the recruitment (including minimum qualifications and experience)
and their emoluments and other conditions of service (including provisions
relating to compulsory retirement) of persons appointed to other posts under
the University; (f)
the constitution of a pension or provident fund or the
establishment of an insurance-scheme for the benefit of officers, teachers and
other employees of the University; (g)
the institution of degrees and diplomas; (h)
the conferment of honorary degrees; (i)
the withdrawal of degrees and diplomas certificates and other
academic distinctions: (j)
the establishment, amalgamation, abolition and reorganization of Faculties; (k)
the establishment of departments of teaching in the Faculties; (l)
the establishment, abolition and reorganization of halls and
hostels maintained by the University; (m)
the conditions under which colleges and other institutions may be
admitted to the privileges of affiliation or recognition by the University and
the conditions under which any such privilege may be withdrawn; (n)
the recognition of the Management of any affiliated or recognized
college; (o)
the number, minimum qualification and experience; the emoluments
and other conditions of service including the age of retirement and provisions
relating to compulsory retirement of salaried employees (not being teachers) of
the University or an affiliated or recognized college, and the preparation and
maintenance of records of their service; (p)
the institution of scholarships, fellowships, studentships, medals
and prizes; (q)
the qualifications, conditions and manner of registration of
graduates and the maintenance of a register of registered graduates. (r)
the holding of convocation, if any; and (s)
all other matters which by this Act are to be or may be provided
for by the Statutes. (1)
The First Statutes of the University shall be made by the State
Government by the notification in the Gazette. (2)
The Executive Council may, from time to time, make new or
additional Statutes or may amend or repeal the same from time to time with
assent of the Chancellor. (3)
The Executive Council shall not propose the draft of any Statute
affecting the status, power or constitution of any authority of the University
until such authority has been given an opportunity of expressing its opinion
upon the proposal and any opinion so expressed shall be in writing and shall be
submitted to the Chancellor. (4)
Every new Statute or addition to a Statute or any amendment or
repeal of Statute shall be submitted to the Chancellor who may assent to it or
withhold his assent therefrom or remit it to the Executive Council for further
consideration. (5)
A Statute passed by the Executive Council shall have effect from
the date it is assented to by the Chancellor or from such later date as may be
specified by him. (6)
Notwithstanding anything contained in the foregoing sub-section
the State Government may, in order to implement any decision taken by it in the
interest of learning, teaching or research or for the benefit of teachers,
students or other staff or on the basis of any suggestion or recommendation of
any regulatory body or the State or National Education Policy, with regard to
the qualifications of the teachers require the Executive Council to make new or
additional Statutes or amend or repeal the Statutes referred to in sub-section
(1) within a specified time and if the Executive Council fails to comply with
such requirement the State Government may with the assent of the Chancellor,
make new or additional Statutes or amend or repeal the Statutes referred to in
sub-section (1). (7)
The Executive Council shall have no power to amend or repeal the
Statutes made by the State Government under sub-section (6) or to make new or
additional Statutes inconsistent with such Statutes. (1)
Subject to the provisions of this Act and the Statutes, the
Ordinances may provide for any matter which is to be provided for by this Act
or the Statutes or is to be or may be provided for by the Ordinances. (2)
Without prejudice to the generality of the provisions of
sub-section (1), the Ordinances shall provide for the following matters, namely
:- (a)
the admission of students to the University and their enrolment
and continuance as such; (b)
the course of study to be laid down for all degrees, diplomas and
other academic distinctions of the University; (c)
the conditions under which students shall be admitted to the
examinations, degrees and diplomas of the University and shall be eligible for
the award of such degrees and diplomas; (d)
the conditions of the award of scholarships, fellowships
studentships, degrees, medals, and prizes; (e)
the conditions of residence of students at the University and the
management of halls and hostels maintained by the University; (f)
the recognition and management of halls and hostels not maintained
by the University; (g)
the maintenance of discipline among the students of the
University; (h)
all matters relating to correspondence courses and private
candidates; (i)
the formation of parent-teachers association; (j)
the fees which may be charged by the University or by an
affiliated or recognized college for any purpose; (k)
the conditions subject to which persons may be recognized as
qualified to give instructions in halls and hostels; (l)
the conditions and mode of appointment and the duties of examining
bodies, examiners, moderators, invigilators and tabulators; (m)
the conduct of examinations; (n)
the remuneration and allowances including travelling allowance or
any daily allowances to be paid to persons employed on the business of the
University; and (o)
all other matters which by this Act or the Statutes are to be or
may be provided for by the Ordinances. (1)
The first Ordinances shall be made by the State Government.
Thereafter, Ordinances shall be made by the Executive Council with consent of
the Chancellor. (2)
In the case of the existing University, for so long as the First
Ordinances are not so made, the Ordinances of the University of Lucknow as in
force immediately before the commencement of this Act, insofar as they are not
inconsistent with the provisions of this Act, shall apply, subject to such
adaptations and modifications as may be necessary or expedient, as the State
Government may, by notification in the Gazette provide: Provided that for the
purpose of making the provisions of any such Ordinances in consonance and
accordance with the provisions of this Act and the Statutes, the Chancellor,
may by order, make such adaptations and modifications of the Ordinances whether
by way of repeal, amendment or addition as may be necessary or expedient and
provide that the Ordinances shall, from such date as may be specified in the
order, have effect subject to the adaptations and modifications so made and any
such adaptation or modification shall not be called in question. (3) Save as
otherwise provided in this section, the Executive Council may; from time to
time, make new or additional Ordinances or may amend or repeal the Ordinances
referred to in sub-sections (1) and (2): Provided that no Ordinance
shall be made:- (a)
affecting the admission of students or prescribing examinations to
be recognized as equivalent to the University examinations or the further qualifications
mentioned in sub-section (1) of section 45 for admission to the degree courses
of the University unless a draft of the same has been proposed by the Academic
Council; or (b)
affecting the conditions and mode of appointment and duties of
examiners and the conduct or standard of examinations or any course of study
except in accordance with a proposal of the Faculty or Faculties concerned
unless a draft of such Ordinance has been proposed by the Academic Council; or (c)
affecting the number, qualifications and emoluments of teachers of
the University or the income or expenditure of the University "unless a
draft of the same has been approved by the State Government. (4)
The Executive Council shall not have power to amend any draft
proposed by the Academic Council under sub-section (3) but may reject it or
return to the Academic Council for reconsideration either in whole or in part,
together with any amendments which the Executive Council may suggest. (5)
All Ordinances made by the Executive Council shall have effect
from such date as it may direct and shall be consented by the Chancellor. (6)
The Chancellor may, at any time signify to the Executive Council
his disallowance of such Ordinances other than those referred to in, clause (c)
of the proviso to sub-section (3) and from the date of receipt by the Executive
Council of intimation of such disallowance, such Ordinances shall become void. (7)
The Chancellor may direct that the operation of any Ordinance
other than those referred to in clause (c) of the proviso to sub-section (3)
shall be suspended until he has an opportunity of exercising his power of
disallowance. An order of suspension under this sub-section shall cease to have
effect on the expiration of one month from the date of such order. (1)
Subject to the provisions of this Act and the Statutes and the
Ordinances, an authority or other body of the University may make Regulations:- (a)
laying down the procedure to be followed at its meeting and the
number of members required to form the quorum; (b)
providing for all matters which by this Act, the Statutes or the
Ordinances are to be provided by Regulations; and (c)
providing for any other matter solely concerning such authority or
body and not provided for by this Act, the Statutes and the Ordinances. (2)
The Regulations made by any authority or other body of the
University shall provide for the giving of notice to its members of the dates
of meetings and the business to be transacted thereat and for the keeping of
record of the proceedings of such meetings. (3)
The Executive Council may direct any authority or other body of
the University to cancel or to amend in such form as may be specified in the
direction, any Regulation made by such authority or body and such authority or
body shall thereupon cancel or amend the Regulation accordingly: Provided that any authority
or other body of the University, if dissatisfied with any such direction, may
appeal to the Chancellor who may after obtaining the views of the Executive
Council pass such orders as he thinks fit. (4)
The Academic Council may, subject to the provisions of the
Ordinances, make Regulations providing for the course of study for any
examination, degree or diploma of the University only after the Board of
Faculty concerned has proposed a draft of the same. (5)
The Academic Council shall not have power to amend or reject any
draft proposed by the Board of Faculty under sub-section (4) but may return it
to the Board for further consideration together with its own suggestions. The University shall
prepare for each financial year, the annual report of the University in such
form and containing such particulars as the Executive Council may specify, and
it shall be submitted to the State Government. (1)
The University shall establish a fund to be called the University
Fund. (2)
The following shall form part of, or be paid into, the University
Fund :- (a)
any contribution or grant by the State Government, the Central
Government, or the University Grants Commission; (b)
the income of the University from all source including income from
fees and charges. (c)
loans, gifts, donations, endowments, benefactions, bequests and
other grants, if any, or transfers; (d)
any sum borrowed from the banks with the permission of the State
Government; (e)
all moneys received by the University in any other manner or from
any other source. (3)
The University Fund shall be kept in any Scheduled Bank as defined
in the Reserve Bank of India Act, 1934 (Act no.2 of 1934) at the discretion of
the Executive Council on the recommendations of Finance Committee. (4)
The funds of the University shall be applied towards the expenses
of the University including expenses incurred in the exercise of its powers and
discharge of its functions in such manner as may be prescribed. (5)
The annual accounts and balance-sheet of the University shall be
prepared by the Finance Committee under the direction of the Executive Council
and all money accruing to or received by the University from whatever source
and all amounts disbursed or paid shall be entered in the accounts maintained
by the University. (6)
A copy of the annual accounts and the balance-sheet shall be
submitted to the State Government which shall cause the same to be audited. (7)
The audited annual accounts and the balance-sheet audited shall be
printed and copies thereof shall, together with copies of the audit report, be
submitted by the Executive Council to the State Government. (8)
The Executive Council shall also prepare, before such date as may.
be prescribed, the budget for the ensuing year. (9)
Every item of new expenditure above such amount as may be
prescribed, which is proposed to be included in the budget shall be referred by
the Executive Council to the Finance Committee which may make recommendations
thereon. (10)
The Executive Council shall approve the budget finally after
considering the recommendations, if any, of the Finance Committee. (11)
It shall not be lawful for the Vice-Chancellor or the Executive
Council to incur any expenditure:- (a)
either not sanctioned in the budget, or in the case of funds
granted to the University, subsequent to the sanction of the budget by the
State Government or the Government of India or the University Grants Commission
or any international organization or Foundation save in accordance with the
terms of such grant: Provided that
notwithstanding anything in sub-section (7) of section 12, the Vice-Chancellor
may, in the case of fire, flood, excessive rainfall or other sudden or
unforeseen natural calamities and circumstances, incur nonrecurring expenditure
not exceeding rupees five lakhs not sanctioned in the budget and he shall
immediately inform the State Government in respect of all such expenditure; (b)
on any litigation in opposition to any order of the Chancellor any
or order of the State Government made under this Act. (12)
Subject to the provisions of this Act, all relevant financial
rules of the State Government as laid down in the Financial Handbook shall be
applicable. (1)
An officer specified in clauses (c) to (h) of section 9 shall be
liable to surcharge for the loss, waste or misapplication of any money or
property of the University if such loss, waste or misapplication is a direct
consequence of his neglect or misconduct. (2)
The procedure of surcharge and the manner of recovery of the
amount involved in such loss, waste or misapplication shall be such as may be
prescribed. (1)
Regulation of Affiliated Degree Colleges shall be as prescribed by
the Statutes. (2)
'Property', in relation to an affiliated or recognized college,
includes all property, movable and immovable belonging to or endowed wholly or.
partly for the benefit of the college, including lands, buildings (including
hostels), works, library, laboratory, instruments, equipment, furniture,
stationery, stores, automobiles and other vehicles if any, and other things
pertaining to the college, cash on hand, cash at bank, investments, and book
debts and all other rights and interests arising out of such property as may be
in the ownership, possession, power or control of the college and all books of
account, registers, and all other documents of whatever nature relating
thereto, and shall also be deemed to include all subsisting borrowings, liabilities
and obligations of whatever kind of the college. (3)
'Salary' means the aggregate of the emoluments including dearness
or any other allowance for the time being payable to a teacher or other
employee after making permissible deductions. If the State Government
receives information in respect of any affiliated or recognized college (other
than a college maintained exclusively by the State Government or a local
authority):- (i)
that its Management has persistently committed wilful default in
paying the salary of the teachers or other employees of the college by the
twentieth day of the month next following the month in respect of which or any
part of which it is payable; or (ii)
that its Management has failed to appoint teaching staff
possessing such qualifications as are necessary for the purpose of ensuring the
maintenance of academic standards in relation to the college or has appointed
or retained in service any teacher in contravention of the Statute or
Ordinances; or (iii)
that any dispute with, respect to the right claimed by different
persons to be lawful office-bearers of its Management has affected the smooth
and orderly administration of the college; or (iv)
that its Management has persistently failed to provide the college
with such adequate and proper accommodation, library, furniture, stationery,
laboratory, equipment, and other facilities, as are necessary for efficient
administration of the college; or (v)
that its Management has substantially diverted, misapplied or
misappropriated the property of the college to the detriment of the college;
then in such situations it may call upon the Management to show-cause why an
order under section 55 should not be made : Provided that where it is
in dispute as to who are the office-bearers of the Management, such notice
shall be issued to all persons claiming to be so. (1) If the
State Government after considering the explanation, if any, submitted by the
Management under section 54 is satisfied that any ground mentioned in that
section exists, it may by order, authorise any person (hereinafter referred to
as the Authorised Controller) to take over, for such period not exceeding two
years as may be specified, the Management of the college and its property to
the exclusion of the Management and whenever the Authorised Controller so takes
over the Management, he shall, subject only to such restrictions as State
Government may impose, have in relation to the Management of the college and its
property all such powers and authority as the Management would have if the
college and its property were not taken over under this sub-section : Provided that if the State
Government is of opinion that it is expedient so to do in order to continue to
secure the proper Management of the college and its property, it may, from time
to time, extend the operation of the order for such period, not exceeding one year at a
time, as it may specify, so however, that the total period of operation of the
order, including the period specified in the initial order under this
sub-section does not exceed five years: Provided further that if at
the expiration of the said period of five years there is no lawfully
constituted Management of the college the Authorised Controller shall continue
to function as such, until the State Government is satisfied that the
Management has been lawfully constituted: Provided also that the
State Government may at any time, revoke an order made under this sub-section. (2) Where the
State Government while issuing a notice under section 54 is of opinion, for
reasons to be recorded, that immediate action is necessary in the interest of
the college, it may suspend the Management, which shall thereupon cease to
function, and make such arrangement as it thinks proper for managing the
affairs of the college and its property till further proceedings are completed: Provided that no such order
shall remain in force for more than six months from the date of actual taking
over the Management in pursuance of such order: Provided further that in
computation of the said period of six months, the time during which the
operation of the order was suspended by any order of the High Court passed in
exercise of jurisdiction under Article 226 of the Constitution of India or any
period during which the Management failed to show cause in pursuance of the
notice under section 54, shall be excluded. (3)
Nothing in sub-section (1) shall be construed to confer on the
Authorised Controller the power to transfer any immovable property belonging to
college (except by way of letting- from month to month in the ordinary course
of management or to create any charge thereon) except as a condition of receipt
of any grant-in-aid of the college from the State Government or the Government
of India. (4)
Any order made under this section shall have effect
notwithstanding anything inconsistent therewith contained in any other
enactment of the State of Uttar Pradesh or in any instrument relating to the
management and control of the college or its property: Provided that the property
of the college and any income there from shall continue to be applied for the
purposes of the college as provided in any such instrument. (5) The
Director of Culture may give the Authorised Controller such directions as he
may deem necessary for the proper management of the college or its property,
and the Authorised Controller shall carry out those directions. Nothing contained in
section 55 shall apply to a college established and administered by a minority
referred to in clause (1) of Article 30 of the Constitution of India. (1)
Where an order has been passed under section 55 in respect of a
college, every person in whose possession or custody or under whose control any
property of the college may be, shall deliver the property to the Authorised
Controller forthwith. (2)
Any person who on the date of such order has in his possession or
under his control any books or other documents relating to the college or to
its property, shall be liable to account for the said books and other documents
to the Authorised Controller and shall deliver them up to him or to such person
as the Authorised Controller
may specify in this behalf. (3)
The Authorised Controller may apply to Collector for delivery of
possession and control over the college or its property or any part thereof and
the Collector may take all necessary steps for securing possession to the
Authorised Controller of such college or property, and in particular may use or
cause to be used such force as may be necessary. (1)
Whoever contravenes the provisions of section 42 shall on
conviction, be punished with imprisonment for a term which may extend to three
months or with fine which may extend to one thousand rupees or both. (2)
Any person who:- (a)
having in his possession, custody or control any property of a
college in respect of which an order has been made under section 55, wrongfully
withholds such property from the Authorised Controller appointed under that
section or from any person authorised by him in that behalf; or (b)
wrongfully obtains possession of any property of such college; or (c)
wilfully withholds or fails to furnish the Authorised Controller
or any person specified by him as required by sub-section (2) of section 57 any
books or other documents which may be in his possession custody or control; or (d)
wilfully obstructs any person from duly carrying out all or any of
the provisions of this Act; shall, on conviction be
punished with imprisonment for a term which may extend to one year or with fine
or with both : Provided that the Court
trying any offence under clause (a) or clause (b) of this sub-section may at
the time of convicting the accused person order him to deliver up or refund
within a time to be fixed by the Court, any property wrongfully withheld or
wrongfully obtained or any books or other documents wilfully withheld. No Court shall take
cognizance of an offence punishable under section 58 except with the previous
sanction of the State Government. (1) If the
person committing the offence under section 58 is a society registered under
the Societies Registration Act, 1860 (Act no. 21 of 1860) the society as well
as every person in charge of and responsible to the society for the conduct of
its business at the time of the commission of the offence shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished
accordingly: Provided that nothing
contained in this section shall render any such person liable to any
punishment, if he proves that the offence was committed without his knowledge
or that he exercised all due diligence to prevent the commission of such
offence. (2) Notwithstanding
anything contained in sub-section (1) where any offence under this Act has been
committed by a registered society and it is proved that the offence has been
committed with the consent or connivance of or that the commission of offence
is attributable to any neglect on the part of any member of the society, such
member shall also be deemed to be guilty of that offence and shall be liable to
be proceeded against and punished accordingly. (1)
Any casual vacancy among the members, other than ex-officio
members, of any authority or body of the University shall be filled in the same
manner in which the members whose vacancy is to be filled up was chosen, and
the person filling the vacancy shall be a member of such authority or body for
the residue of the term for which the person whose place he fills would have
been a member. (2)
A person who is a member of any authority of the University as a
representative of another body, whether of the University or outside, shall
retain his seat on such authority for so long as he continues to be the
representative of such body. No act or proceeding, of
any authority or body or committee of the University shall be invalid merely by
reason of:- (a)
any vacancy or defect in the constitution thereof; or (b)
some person having taken part in the proceedings who was not
entitled to do so; or (c)
any defect in the election, nomination or appointment of a person
acting as member thereof; or (d)
any irregularity in its procedure not affecting the merits of the
case. The membership of any
person of any authority or body of the University shall suo-moto cease to exist
upon the ground that such person has been convicted of an offence involving
moral turpitude or upon the ground that he has been guilty of scandalous
conduct or has behaved in a manner unbecoming of a member of the University and
may upon the same grounds withdraw from any person any degree or certificate
conferred or granted by the University. (1)
A copy of any receipt, application, notice, order, proceeding, or
resolution of any authority or committee of the University or other documents
in possession of the University or any entry in any register duly maintained by
the University, if certified by the Registrar, shall be received as prima facie
evidence of such receipt, application, notice, order, proceedings, resolution
or document or the existence of entry in the register and shall be admitted as
evidence of the matters and transactions therein recorded where the original
thereof would, if produced, have been admissible in evidence. (2)
No officer or servant of the University shall in any proceeding to
which the University is not a party, be required to produce any document,
register or other record of the University the contents of which can be proved
under sub-section (1) but a certified copy, or to appear as a witness to prove
the matters and transactions recorded therein unless by order of the court made
for special cause. (1)
Where a decision of the Management of an affiliated or recognized
college to dismiss, remove or to reduce a teacher in rank or to punish him in
any other manner or to terminate his services, has not been approved by the
Vice-Chancellor or where an order of suspension of such teacher has been
stayed, revoked or modified by the Vice-Chancellor in accordance with the
provisions of this Act and the Management has committed default in paying the
salary of such teacher which became due to him in consequence of the
Vice-Chancellor's order, the Vice-Chancellor may pass an order requiring the
management to pay the amount of salary as may be specified in the order and
during the period of suspension, may also require the management to pay the
suspension allowance at the rate of one-half of the salary payable, if the said
amount has not been paid. (2)
In any such case as is referred to in sub-section (1), the
Vice-Chancellor may also order reinstatement of the teacher concerned subject
to such terms and the conditions as he thinks fit. (3)
The amount of salary or suspension allowance required to be paid
under an order of the Vice-Chancellor under sub-section (I) shall, on a
certificate issued by him to that effect, be recoverable by the Collector as
arrears of land revenue. (4)
Every order of the Vice-Chancellor under sub-section (2). shall be
executable by the lowest Civil Court having territorial jurisdiction as if it
were a decree of that Court. (5)
No suit shall lie against any Management or teacher in respect of
any matter for which a relief can be granted by the Vice-Chancellor under this
section. No suit or other legal
proceedings shall lie against the State Government or the Director of Culture
or the Authorised Controller or the University or any officer, authority or
body thereof in respect of anything done or purported or intended to be done in
pursuance of the Act or the rules or the Statutes or the Regulations made
thereunder. (1)
The State Government shall have power to issue directions to the
University, from time to time, as may be required for compliance of the
provisions of this Act and the regulations. (2)
Without prejudice to the provisions of sub-section (1), the State
Government may issue directions, when it requires, in regard to the following
matters, namely:- (a)
fees and charges; (b)
raising of funds and borrowing money; (c)
creation of posts and appointments; (d)
revision of pay-scales and up-gradation of scales. If any question arises
whether any person has been duly appointed as or is entitled to be member of
any authority or other body of the University, or whether any decision of any
authority or officer of the University (including any question as to the
validity of a Statute or Regulation), not being a Statute or Ordinance made or
approved by the State Government or by the Chancellor, is in conformity with
this Ordinance or the Statutes or the Regulations made thereunder, the matter
shall be referred to the Chancellor and the decision of the Chancellor thereon
shall be final: Provided that no reference
under this section shall be made:- (a)
more than three months after the date when the question could have
been raised for the first time; (b)
by any person other than an authority or officer of the University
or a person aggrieved: Provided further that the
Chancellor may in exceptional circumstances:- (a)
act suo motu or entertain a reference after the expiry of the
period mentioned in the preceding proviso; (b)
where the manner referred relates to a dispute about the election
and the eligibility of the person so elected is in doubt, pass such orders as
he thinks just and expedient. (1)
No student shall be eligible for admission to the course of study
for a degree unless,- (a)
he has passed:- (i)
the Intermediate Examination of the Board of High School and
Intermediate Education, Uttar Pradesh, or of the University or Board
incorporated by any law for the time being in force; or (ii)
any examination or any degree conferred by any other University,
being an examination or degree recognized by the University as equivalent to
the Intermediate Examination or to a degree of the University; and (b)
he possesses such further qualifications, if any, as may be
specified in the Regulations. (2) The
conditions under which students may be admitted to the Diploma courses of the
University shall be prescribed by the Regulations. (3) The
University shall have the power to recognize (for the purposes of admission to
a course of study for a degree), as equivalent to its own degree, any degree
conferred by any other University or, as equivalent to the Intermediate
Examination of any Indian University, any examination conducted by any other
authority. (4)
Any student whose work or conduct is unsatisfactory may be removed
from, the University or an Institute or a constituent college or an affiliated
or associated college in accordance with the provisions of the Ordinances. The Executive Council may,
on the recommendation of the Academic Council, institute and confer such
degrees, diplomas, certificates and other academic distinctions as may be
prescribed. If, on the recommendation
of the Academic Council, not less than two thirds of the members of the
Executive Council recommend that an honorary degree or other academic
distinction be conferred on any person on the ground that he is, in their
opinion, by reason of eminent position and attainments a fit and proper person
to receive such degree or other academic distinction and the recommendation is
confirmed by the Chancellor, the Executive Council may confer on such person
the honorary degree or other academic distinction so recommended without
requiring him to undergo any examination. (1)
The Chancellor may, on the recommendation of the Executive
Council, withdraw any distinction, degree, diploma or privilege conferred on or
granted to any person who has been convicted by a Court of law for an offence
involving moral turpitude or if he has been guilty of gross misconduct, by a
resolution passed by majority of the total membership of the Executive Council
and by a majority of not less than two-thirds of the members of the Executive
Council present and voting. (2)
No action under sub-section (1) shall be taken against any person
unless he has been given an opportunity to show cause against the action
proposed to be taken. (3)
The resolution so passed by the Executive Council shall take
effect immediately and the copy of the same shall be sent to the person
concerned. (1)
Subject to the provisions of this Act, every person holding office
as an Officer of the existing University on the date immediately before the
commencement of this Act shall continue to hold office on the same terms and
conditions until the expiration of his term of office. (2)
The State Government shall, soon after the commencement of this
Act or as soon as practicable preferably within period of one month, appoint
the full time Registrar and the Finance Officer of the University. (1)
Every authority of an existing University shall, as soon as may be
after the commencement of this Act, be constituted in accordance with the
provisions of this Act and every person holding office as member of such
authority immediately before the commencement of this Act shall, on the date of
such commencement, cease to be such member. (2)
Until any authority of the University is constituted under
sub-section (1), the State Government may, by order direct from time to time by
whom and in what manner the powers, duties and functions exercisable or
dischargeable under this Act by any authority of University shall be exercised
or discharged. (3)
Notwithstanding anything contained in section 11, the first Vice
Chancellor shall be appointed by the State Government as soon as practicable
after the enactment of this Act, for a period of not exceeding three year on
such terms and conditions as the State Government thinks fit. (4)
Notwithstanding anything contained in this Act, the first
Vice-Chancellor shall be assisted by the Advisory Committee consisting of not
more than ten members having experience in the field of Higher Education,
Academics (Art, Music and Culture), Administration, Constructions, Computer,
Legal (a person retired from the post of District Judge) and Finance and other
relevant fields required for the smooth functioning of the University, to be
nominated by the Chancellor in consultation with State Government. (5)
It shall be the duty of first Vice-Chancellor:- (a)
to make arrangements for the constitution of other authorities of
the University within six months after the date of his appointment; (b)
with previous approval of the Chancellor, to make additional
Statutes, Ordinance or Regulations to provide for any matter not provided for
by the first Statutes, Ordinance or Regulations. (c)
to constitute provisional authorities and bodies and on their
recommendations to make rules providing for conducting the work of the
University; (d)
with prior approval and control of the State Government to make
such financial arrangements as may be necessary for better implementation of
this Act or any part thereof to be brought in force; (e)
to appoint any committees as he may think fit to discharge such of
his functions as he may direct; and (f)
generally to exercise all or any of the powers conferred on the
Executive Council by or under the provisions of this Act. (6)
The tenure of the Advisory Committee, duties and powers the first
Vice-Chancellor as provided in sub-section (4) and (5) of this section shall be
co-terminus to his tenure as provided in sub-section (3) of this section. If any difficulty arises in
giving effect to the provisions of this Act, the State Government may, by an
order published in the Official Gazette, make such provisions not inconsistent,
with the provisions of this Act, as appear to be necessary or expedient for
removing the difficulty: Provided that no such order
shall be made under this section after the expiry of two years from the date of
commencement of this Act. (1)
The University may for the purpose of carrying out the provisions
of the Act, constitute such committees as may be required by it. (2)
The Constitution of such committee, the term of office of its
members and its powers and functions shall be such as may be prescribed. Subject to the provisions
of this Act, the Vice Chancellor may form an internal committee in such manner
as provided in Statutes for collecting the facts related to grievance and will
pass a speaking order within a stipulated time frame. (1)
Subject to the provision of this Act, until Statutes, Ordinance
and Regulations are framed for the functioning of the University, the State
Government rules regarding leave, disciplinary actions against teaching and
non-teaching staff, promotion, financial transactions or any other matter,
which is related to the University, shall be applicable. (2)
Every teaching and non-teaching post in the University shall be
created with the prior permission of the State Government. (1)
The Government Order No. 274/Four-2001-11(12)83 of Sanskriti
Anubagh dated 18lh April, 2001 and the Bhatkhande Rajya Sanskriti
Vishwavidyalaya Ordinance, 2022 (U.P. Ordinance no. 1 of 2022) are hereby
repealed. (2)
Notwithstanding such repeal, all appointments made, orders issued,
degrees or diplomas conferred or certificates issued, privileges granted or
other things done (including registration of graduates) under the aforesaid
Government Order shall be deemed to have been respectively made, issued,
conferred, granted or done under the corresponding previsions of this Act, and
except as otherwise provided by or under this Act continue in force unless and
until they are superseded by any order made under this Act. All proceedings of the Selection
Committee which took place before the commencement of this Act and all actions
of the Management or actions taken on the basis of recommendation of such
Selection Committees, where no orders of appointment on the basis thereof were
passed before the commencement of this Act, shall notwithstanding that the
procedure for selection has been modified by this Act, be deemed to have been
valid but further proceeding in connection with such pending selections shall
be taken in accordance with the provisions of this Act and be continued from
the stage where they stood immediately before such commencement. (3)
Notwithstanding such repeal, anything done or any action taken
under the provisions of the Ordinance referred to in sub-section (1) shall be
deemed to have been done or taken under the corresponding provisions of this
Act as if the provisions of this Act were in force at all material times.BHATKHANDE SANSKRITI VISHWAVIDYALAYA ACT,
2022
PREAMBLE