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KANPUR AND MEERUT UNIVERSITIES ACT, 1965

KANPUR AND MEERUT UNIVERSITIES ACT, 1965

KANPUR AND MEERUT UNIVERSITIES ACT, 1965

Preamble - KANPUR AND MEERUT UNIVERSITIES ACT, 1965

THE KANPUR AND MEERUT UNIVERSITIES ACT, 1965

[Act No. 13 of 1965]

PREAMBLE

An Act to establish and incorporate a university each at Kanpur and Meerut.

It is hereby enacted in the Sixteenth Year of the Republic of India as follows:

Section 1 - Short title and commencement

(1)     This Act may be called the Kanpur and Meerut Universities Act, 1965.

 

(2)     This Act shall come into force on such date as the State Government may, by notification in the Gazette, appoint in this behalf and different dates may be appointed in respect of the two Universities and also in respect of different provisions of this Act.

Section 2 - Definitions

In this Act, unless there is anything repugnant to the subject or context--

(a)      "affiliated college" means an institution affiliated to the University in accordance with the provisions of this Act and the Statutes of that University;

 

(b)      "area of the University" means the area specified in respect of the University under section 4;

 

(c)      "autonomous college" means an affiliated college declared as an autonomous College by the University in accordance with the provisions of section. 39;

 

(d)      "constituent college" means an institution maintained by the University or by the State Government and named as such by the Statutes of that University;

 

(e)      "Court" means the court of the University;

 

(f)       "Executive Council" and "Academic Council" mean respectively the Executive Council and the, Academic Council of the University;

 

(g)      "Faculty" means a faculty of the University;

 

(h)     "hostel" means a place of residence for the students of the University maintained by the University, or recognised by the Executive Council in accordance with the provisions contained in the Statutes.

 

(i)       "Management" means the Managing Committee or body charged with managing the affairs of an affiliated college;

 

(j)       ""Principal" means the head of an affiliated college or a constituent college, or any person duly appointed to act as such;

 

(k)      "prescribed" means prescribed by the Statutes;

 

(l)       "registered graduate" in relation to a University means a graduate registered in accordance with the provisions contained in the Statutes of that University;

 

(m)    "Statutes", "Ordinances" and "Regulations" mean respectively the Statutes, Ordinances and Regulations of the University made under this Act;

 

(n)     "State Government" means the Government of Uttar Pradesh;

 

(o)      "student of the University" means a person enrolled in the University or a constituent college for taking a course of study for a degree, diploma or other academic distinctions duly instituted by that University, but does not include 'a person enrolled in an affiliated college;

 

(p)      "teacher" means a person employed by the University or a constituent college or an affiliated college for giving instruction or guiding or conducting research, in any subject of the courses of study taught therein, and includes a Principal;

 

(q)      "teacher of the University" means a person appointed and paid by the University for imparting instruction or guiding or conducting research in the University or a constituent college maintained by the University; and

 

(r)      "University" means "the Kanpur University" or "the Meerut University", as the case may be, established under section 3.

Section 3 - Establishment and incorporation of Universities

(1)      There shall be established, with effect from the date to be notified by the State Government in the Gazette in each case, two universities: one at Kanpur to be named 'the Kanpur University' and the other at Meerut to be named 'the Meerut University'.

 

(2)      In the case of each university, the first Chancellor, the first Vice-Chancellor, the first members of the Court, the Executive Council, and the Academic Council of the University and all persons who may hereafter become such officers or members, so long as they continue to hold such offices or membership, shall constitute a body corporate by the name of that University.

 

(3)      Each university shall have perpetual succession and a common seal and shall sue or be sued by its name.

Section 4 - Territorial jurisdiction and affiliation

(1)     Save as otherwise provided by or under this Act, the powers conferred on the Kanpur University shall be exercisable in the area included at the commencement of this Act in the districts of Allahabad, Fatehpur, Kanpur, Etawah, Farrukhabad, Jhansi, Jalaun, Hamirpur, Banda, Lucknow, Unnao, Rae Bareli, Sitapur, Hardoi, Lakhimpur-Kheri and Bara Banki, excepting the area which lies within the limits of Allahabad University or Lucknow University and likewise the powers conferred on the Meerut University shall be exercisable in the area included at the commencement of this Act in the districts of Meerut, Muzaffarnagar, Saharanpur, Bulandshahar and Dehra Dun.

 

(2)     The State Government may, by notification in the Gazette, alter the area specified under sub-section (1) in respect of any University:

Provided that a notification in this behalf shall not be issued except with the previous approval of both the Houses of the State Legislature.

(3)     The colleges situate within the area of the Kanpur University or within the limits of Allahabad University or Lucknow University, which at the commencement of this Act are affiliated to the Agra University under the Agra University Act, 1926 (Act No. 08 of 1926), shall, from such date as the State Government may, by notification in the Gazette, appoint in this behalf, be deemed to be affiliated to the Kanpur University and different dates may be fixed for different colleges. The colleges situate within the area of the Meerut University which at the commencement of this Act are affiliated to the Agra University under the Agra University Act, 1926, shall from such date as the State Government may by notification in the Gazette, appoint in this behalf, be deemed to be affiliated to the Meerut University and different dates may be fixed for different colleges.

Section 5 - Powers and functions 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 provision for research and for the advancement and dissemination of knowledge;

 

(ii)      without prejudice to the provisions of sub-section (3) of section 4, to admit to the privileges of affiliation, under the prescribed conditions, any college situate within the area of that University and in the case of Kanpur University also within the limits of Allahabad or Lucknow University:

Provided that a college situate within the limits of Lucknow University or Allahabad University shall not be admitted to the privileges of affiliation except with the approval of the Chancellor of the Lucknow University or Allahabad University, as the case may be;

(iii)     to institute degrees, diplomas and other academic distinctions;

 

(iv)    to hold examinations for, and to grant and confer degrees, diplomas and other academic distinctions to and on, persons who?

 

(a)      have pursued the approved courses of studies in the University, a constituent College or an affiliated college; or

 

(b)      have carried on research in the University or in an institution recognised in this behalf by the University or independently under conditions laid down in the Statutes and Ordinances; or

 

(c)      are teachers in educational institutions or inspecting officers permanently employed in the Department of Education, Uttar Pradesh, and satisfy the conditions laid down in this behalf in the Statutes and Ordinances; or

 

(d)      are women and have carried on private studies under conditions laid down in the Statutes and Ordinances; or

 

(e)      are librarians of the libraries of the University or constituent colleges or affiliated colleges and satisfy the conditions laid down in this behalf in the Statutes and Ordinances;

 

(v)      to confer honorary degrees or other distinctions in the manner and under conditions laid down in the Statutes;

 

(vi)    to grant such diplomas to, and provide such lectures and instructions for, persons not being students of the University, as the University may determine;

 

(vii)   to co-operate with other Universities and authorities in such manner and for such purposes as the University may determine;

 

(viii)  to create teaching posts required by the University and to appoint persons to such posts;

 

(ix)    to prescribe conditions of affiliation of colleges and to satisfy itself by periodical inspection or otherwise that the conditions are satisfied;

 

(x)      to institute and award fellowships, scholarships, studentships and prizes in accordance with the Statutes and Ordinances;

 

(xi)    to maintain and recognise hostels for students of the University;

 

(xii)   to demand and receive such fees and other charges as may be prescribed by the Ordinances;

 

(xiii)  to supervise and regulate the discipline of the students of the University and affiliated colleges;

 

(xiv)  to create administrative, ministerial and other necessary posts and to make appointments thereto; and

 

(xv)   to do all acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University.

Section 6 - Inspection and enquiry

(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 institution maintained by the University, or of any affiliated college, including the buildings, laboratories and equipment thereof and also of the examinations, teaching and other work conducted or done by it, or to cause an enquiry to be made in a like manner in respect of any matter connected with the administration and finances of the University, the institution or the affiliated college.

 

(2)      The State Government shall, in every case, give notice of its intention to cause an inspection or inquiry to be made, to the University, in the case of the University or an institution maintained by it, and to the University and the Management, in the case of an affiliated college, and the University or the University and the Management, as the case may be, shall be entitled to be represented and heard at such inspection or enquiry.

 

(3)      In case of inspection or enquiry relating to the University or any institution maintained by it, the State Government may communicate to the Vice-Chancellor the result of such inspection or enquiry together with its views thereon and advise regarding the action to be taken, and the Vice-Chancellor shall place the same before the Executive Council.

 

(4)      In case of inspection or enquiry relating to an affiliated college, the State Government may communicate to the Management the result of such inspection or enquiry together with its views thereon and advise regarding the action to be taken.

 

(5)      The Vice-Chancellor or the Management, as the case may be, shall communicate to the Stats Government the action, if any taken or proposed to be taken upon the result of such inspection or enquiry.

 

(6)      Where the University or the Management, as the case may be, does not take action to the satisfaction of the State Government, the State Government may, after considering any explanation furnished or representation made by the University or the Management, as the case may be, issue such direction as it may think fit and the University or the Management, as the case may be, shall comply with such directions.

Section 7 - Officers of the University

The following shall be the officers of the University:

(i)       the Chancellor;

 

(ii)      the Vice-Chancellor;

 

(iii)     the Treasurer;

 

(iv)    the Registrar;

 

(v)      the Dean of Students' welfare;

 

(vi)    the Deans of the Faculties;

 

(vii)   such other persons in the service of the University as may be declared by the Statutes to be the officers of the University.

Section 8 - The Chancellor

(1)     The Governor of Uttar Pradesh shall be the Chancellor of the University. He shall, by virtue of his office, be the Head of the University, and the President of the Court and shall, when present, preside over the meetings of the Court and at any convocation of the University.

 

(2)     The Chancellor shall have such powers as may be conferred on him by or under this Act.

Section 9 - The Vice-Chancellor

(1)     The Vice-Chancellor shall be a whole-time officer of the University and shall be appointed by the Chancellor from amongst the persons whose names are submitted to him by the Committee constituted for that University in accordance with the provisions of sub-section (4):

Provided that the appointment of the first Vice-Chancellor and the subsequent appointment, if any, as may be required to be made till the Committee has been so constituted, may be made by the Chancellor.

(2)     The Vice-Chancellor shall, except as otherwise provided, hold office for a period of three years, but may relinquish office by resignation in writing addressed to the Chancellor. The resignation shall ordinarily be delivered to the Chancellor sixty days prior to the date on which the Vice-Chancellor wishes to be relieved.

 

(3)     Subject to the provisions of sub-section (2), the emoluments and other conditions of service of the Vice-Chancellor shall be such as may be prescribed.

 

(4)     (i) The Committee referred to in sub-section (1) shall consist of three persons, namely?

 

(a)      one person, not being a person who is in the service of the University, a constituent college, an affiliated college or a hostel, or is a member of any Authority, Board or body of the University or of the Management of any such college, to be elected by the Executive Council;

 

(b)      one person to be nominated by the Chief Justice of the High Court of Judicature at Allahabad from amongst the other Judges or retired judges of the said High Court.

 

(c)      a person to be appointed by the Chancellor, who shall also be the convener of the Committee.

(ii) The Committee shall, as far as may be, at least thirty days before the date on which the vacancy in the office of the Vice-Chancellor is due to occur by reasons of expiry of term, or resignation under sub-section (2), and also whenever so required by the Chancellor submit to the Chancellor the names of three persons suitable to hold the office of Vice-Chancellor. The Committee shall, while submitting names, also forward to the Chancellor a concise statement showing the academic qualifications and other distinctions of each of the said three persons, but shall not indicate any order of preference.

(iii) If one or more of the persons recommended by the Committee under clause (ii) is or are not available for appointment as Vice-Chancellor and the choice of the (Chancellor is restricted to less than three persons, the Chancellor may, if he so desires, refer back the names to the Committee and the Committee shall, thereupon submit again the names of three suitable persons, Willing and available for appointment as Vice-Chancellor.

(5)     Where a vacancy in the office of Vice-Chancellor occurs or is likely to occur by reason of leave, or any cause, other than resignation or the expiry of term, the Registrar shall report the fact forthwith to the Chancellor, who shall?

 

(a)      in case the vacancy is, or is likely, to last for a period exceeding six months, take steps for the appointment of Vice-Chancellor in accordance with the provisions of sub-sections (1) and (4);

 

(b)      in case the vacancy is, or is likely, to last for a period not exceeding six months, appoint any suitable person to the office of Vice-Chancellor.

 

(6)     Without prejudice to the provision contained in the proviso 10 sub-section (1), but notwithstanding anything to the contrary contained elsewhere in this section, the Chancellor may, in case of any emergency, of which the Chancellor shall be the sole judge, or in any case where the vacancy cannot be conveniently and expeditiously filled in accordance with the provisions of sub-sections (1) and (4), appoint any suitable person to the office of Vice-Chancellor:

Provided that no appointment under this sub-section shall be made for a period of more than six months:

Provided further that the appointment so made shall determine on appointment of the Vice-Chancellor in accordance with the provisions of sub-sections (1) and (4).

(7)     Where an appointment is made under sub-section (6), the Chancellor shall, as soon as may be, take steps for the appointment of Vice-Chancellor in accordance with the provisions of sub-sections (1) and (4).

 

(8)     Till such time as the appointment is made by the Chancellor under sub-section (5) or sub-section (6), the Registrar shall carry on routine duties of Vice-Chancellor but shall not preside at any meeting of the Court.

Section 10 - Powers and duties of the Vice-Chancellor

(1)      The Vice-Chancellor shall be the principal executive and academic officer of the University and shall, in the absence of the Chancellor, preside at meetings of the Court and at any convocation of the University. He shall be an ex-officio member and Chairman of the Executive Council and the Academic Council. He shall have the right to speak in and to take part in the meetings of any other Authority or body of the University but shall not merely by virtue of this sub-section be entitled to vote thereat unless he is a member of that Authority or body.

 

(2)      It shall be the duty of the Vice-Chancellor to ensure faithful observance of the provisions of this Act, the Statutes and the Ordinances, and he shall, without prejudice to the powers of the Chancellor under section 8, possess all such powers as may be necessary in this behalf.

 

(3)      The Vice-Chancellor shall have the power to convene meetings of the Court, the Executive Council and the Academic Council:

Provided that he may delegate this power to any other officer of the University.

(4)      The Vice-Chancellor shall exercise general control over the affairs of the University and constituent and affiliated colleges and shall be responsible for the due maintenance of discipline in the University.

 

(5)      Where any matter is of urgent nature requiring immediate action and the same cannot be immediately dealt with by the officer or Authority 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 Executive Council, and such Executive Council may cither confirm the action taken by the Vice-Chancellor or rescind the same or modify it in such manner as it may deem fit. In case the action taken by the Vice-Chancellor is rescinded or modified, it shall cease to have effect or take effect in the modified form from the date it is so rescinded or modified:

Provided that--

(a)      in every case in which action is taken by the Vice-Chancellor under this sub-section, he shall record his reasons for doing so;

 

(b)      nothing in this sub-section shall be deemed to empower the Vice-Chancellor to incur any expenditure not duly authorised and provided for in the budget;

 

(c)      where the exercise of the power by the Vice-Chancellor involves the appointment of an officer or a teacher in the University, such appointment shall terminate on appointment being made in the prescribed manner or on the expiry of a period of six months from the date of the order of the Vice-Chancellor, whichever is earlier.

 

(6)      Where any action of the Vice-Chancellor under sub-section (5) adversely affects any person in the service of the University, such person may prefer an appeal to the Executive Council within fifteen days from the date on which the action is communicated to him.

 

(7)      The Vice-Chancellor shall exercise such other powers and perform such other functions and duties as may be prescribed by the Statutes and Ordinances.

Section 11 - The Treasurer

(1)     The Treasurer shall be appointed by the Chancellor in the manner hereinafter appearing:--

 

(a)      The Executive Council shall, so far as may be, at least thirty days before the date on which a vacancy is due to occur in the office of Treasurer, and also whenever so required by the Chancellor, submit to the Chancellor the name or names of not more than three persons suitable to hold the office of Treasurer.

 

(b)      Where the name or the names proposed in the Executive Council for submission to the Chancellor under clause (a) do not exceed three in number, the Council shall submit all such names, but if the number exceeds three, the Council shall, out of the names proposed, elect three names according to the system of proportional representation by means of a single transferable vote.

 

(c)      Where one name only has been submitted by the Executive Council, the Chancellor shall appoint the person whose name has been so submitted. In other cases, the Chancellor shall appoint one of the persons whose names have been submitted by the Executive Council under clause (b):

Provided that the appointment of the first Treasurer and the subsequent appointment, if any, as may be required to be made till the Executive Council has been constituted, may be made by the Chancellor.

(2)     The term of office of Treasurer shall be three years from the date he enters upon that office, but he shall, notwithstanding the expiry of the term, continue to hold office unless a successor has been appointed. He shall receive such remuneration, if any, from the funds of the University as may be prescribed.

 

(3)     The provisions relating to resignation, conditions of service, the filling of temporary vacancies and the arrangements for carrying on the current duties of Treasurer shall be such as may be prescribed.

 

(4)     The Treasurer shall be the ex-officio member of the Executive Council and shall manage the property and investments of the University and advise in regard to its financial policy. He shall be responsible for presentation of the annual estimates (hereinafter called the budget) and statement of accounts.

 

(5)     The Treasurer shall have the duty?

 

(i)       to ensure that no expenditure not authorised in the budget is incurred by the University, otherwise than by way of investment; and

 

(ii)      to disallow any expenditure which may contravene the terms of any Statute or Ordinance or for which provision is required to be made by Statutes or Ordinances, but has not been so made.

 

(6)     The Treasurer shall exercise such other powers and perform such other functions and duties as may be prescribed by the Statutes and Ordinances.

Section 12 - The Registrar

(1)     The Registrar" shall be--a whole-time officer of the University and shall be appointed by the Executive Council on the recommendation of a Selection Committee consisting of the following, namely?

 

(i)       the Vice-Chancellor;

 

(ii)      an educationist nominated by the Chancellor; and

 

(iii)     the Chairman of the Public Service Commission, Uttar Pradesh or a member thereof nominated in this behalf by the Chairman.

 

(2)     The Conditions of service of the Registrar including salary and allowances payable to him shall be such as may be prescribed by the Ordinances.

 

(3)     The Registrar shall be responsible for the due custody of the records and the common Seal of the University. He shall be ex-officio Secretary of the Court, the Executive Council, the Academic Council and the Selection Committees for appointment of teachers, and shall be bound to place before these Authorities all such information as may be necessary for the transaction of their business. He shall perform such other functions and duties as may be prescribed by the Statutes and the Ordinances or required from time to time by the Executive Council or the Vice-Chancellor.

 

(4)     He shall subject to any directions that may be given by the Academic Council, conduct the examinations and make all other arrangements necessary therefor and be responsible for the due execution of all processes connected therewith.

 

(5)     The Registrar shall not be offered, nor shall he accept any remuneration for any work in the University save such as may be provided for by the Statutes or the Ordinances.

Section 13 - Powers and duties of other officers

The powers, functions and duties of officers of the University, other than the Chancellor, or Vice-Chancellor, Treasurer and Registrar, shall be such as may be prescribed by the Statutes and the Ordinances.

Section 14 - Authorities of the University

The following shall be the Authorities of the University:

(i)       the Court;

 

(ii)      the Executive Council;

 

(iii)     the Finance Committee;

 

(iv)    the Academic Council;

 

(v)      the Faculties;

 

(vi)    the Selection Committees for appointment of teachers; and

 

(vii)   such other Authorities as may be declared by the Statutes to be the Authorities of the University.

Section 15 - The Court

The Court shall consist of the following:--

Class I--Ex-officio Members--

(i)       the Chancellor;

 

(ii)      the Vice-Chancellor;

 

(iii)     the Minister-in-charge of Education Department in the Government of Uttar Pradesh;

 

(iv)    the Minister-in-charge of Public Health Department in the Government of Uttar Pradesh;

 

(v)      the Treasurer;

 

(vi)    the members of the Executive Council;

 

(vii)   the Director of Education, Uttar Pradesh;

 

(viii)  the Director of Medical and Health Services, Uttar Pradesh;

 

(ix)    all Heads of Departments of teaching in the University or in constituent colleges, if any;

 

(x)      the principals of all constituent colleges, if any; and

 

(xi)    such number of principals of affiliated colleges as may be prescribed.

Class II--Life Members--

(i)       such persons as may be appointed by the Chancellor to be Life Members on the ground that they have rendered eminent service to the University or to the cause of learning:

Provided that their number in the Court shall not at any time be more than four;

(ii)      persons who have made donations of not less than rupees twenty thousand for the purposes of the University or any constituent college thereof;

 

(iii)     persons who have held the office of Vice-Chancellor of that University for one complete term.

Class III--Donors and their Representatives--

Such number of the representatives, not exceeding ten, as may be determined in accordance with the Statutes, of persons each of whom has for the purposes of the University or any constituent college thereof made a donation of a sum not less than rupees five thousand but not exceeding rupees twenty thousand.

Class IV--Persons representing special interests--

Persons not exceeding five, to be nominated by the State Government to represent industries, commerce, agriculture, learned bodies and learned professions within the area of the University.

Class V--Representatives of registered graduates--

Such number of representatives of the registered graduates of the University as may be prescribed.

Class VI--Representatives of the Uttar Pradesh Legislature--

(i)       two members of the Uttar Pradesh Legislative Council to be elected by it;

 

(ii)      five members of the Uttar Pradesh Legislative Assembly to be elected by it.

Class VII--Representatives of teachers, supervisory staff of hostels and Managements--

(i)       such numbers of representatives of the teachers of the University, constituent colleges, if any, and affiliated colleges as may be prescribed;

 

(ii)      such numbers of persons representing supervisory staff of the hostels and extra mural activities as may be prescribed;

 

(iii)     such number of representatives of the Managements of the affiliated colleges as may be prescribed;

Class VIII--Chancellor's nominees--

(1)     nominees not exceeding ten, of the Chancellor.

 

(2)     The number of members of each class, their terms and manner of their appointment, election, or nomination shall, save as otherwise provided in this Act, be such as may be prescribed.

 

(3)     The Court may declare vacant the seat of a member other than an ex-officio or life member, who has absented himself from three consecutive meetings of the Court without sufficient cause:

Provided that action under this section shall not be taken without giving a reasonable opportunity to the person concerned to show cause against the action proposed.

Section 16 - Meetings of the Court

(1)      The Court shall, on a date to be fixed by the Vice-Chancellor, meet once in a year at a meeting to be called the Annual Meeting of the Court.

 

(2)      The Vice-Chancellor may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than thirty-five members of the Court, convene a special meeting of the Court.

Section 17 - Powers and duties of the Court

Subject to the provisions of this Act, the Court shall have the power to review such acts of the Executive Council or Academic Council as are found by it to be not in accordance with this Act, the Statutes or the Ordinances and shall exercise all the powers of the University not otherwise provided for in this Act or Statutes. In particular, it shall exercise and perform the following powers and functions, namely--

(a)      making of Statutes and amending and repealing the same;

 

(b)      considering and cancelling Ordinances; and

 

(c)      considering and passing resolutions on the annual report, the annual accounts, the budget and any matter of general policy relating to the University education and administration.

Section 18 - Executive Council

(1)     The Executive Council shall be the executive body of University and shall consist of?

 

(i)       the Vice-Chancellor;

 

(ii)      the Treasurer;

 

(iii)     the Deans of all Faculties of the University;

 

(iv)    the Dean of Students' Welfare, if any;

 

(v)      three Principals of affiliated colleges to be selected in the manner prescribed;

 

(vi)    five members of the Court, not being persons mentioned in clauses (i) to (v) or teachers of the University or any constituent or affiliated college, elected by the Court in accordance with the system of proportional representation by means of single transferable vote;

 

(vii)   one person not falling under clauses (i) to (vi) elected by the Academic Council in the manner prescribed; and

 

(viii)  five persons nominated by the Chancellor.

 

(2)     The Statutes relating to the selection, nomination, election and appointment of the members of the Executive Council shall contain suitable provision so as to secure that not more than one person connected with any one affiliated college as Principal or teacher or employee or as a member of the Management thereof shall be member of the Executive Council.

 

(3)     The term of office of a member other than an ex-officio member shall be three years from the date of his appointment.

Section 19 - Powers of the Executive Council

(1)       Subject to the provisions of this Act, the Executive Council shall have the following powers and functions, namely,--

 

(a)      to control and administer the property and funds of the University;

 

(b)      to acquire or transfer, subject to the provisions of sub-section (2), any movable or immovable property on behalf of the University;

 

(c)      to administer any fund placed at the disposal of the University for a specific purpose;

 

(d)      to prepare the budget of the University;

 

(e)      to award fellowships, scholarships, bursaries, medals and other rewards in accordance with the Statutes and Ordinances relating thereto;

 

(f)       to appoint the officers, teachers and other servants of the University, to define their duties and the conditions of their service and to provide for the filling up of temporary or casual vacancies in their posts;

 

(g)      to prescribe the courses of study for the examinations for award of certificates and degrees by the University;

 

(h)     to appoint examiners and to direct the holding of examinations and publication of results;

 

(i)       subject to the previous sanction of the Chancellor, to grant affiliation to a college for teaching for specified degrees and to withdraw such affiliation;

 

(j)       to arrange for and direct the inspection of affiliated colleges;

 

(k)      to direct the form and use of the Common Seal of the University;

 

(l)       to regulate and determine all matters concerning the University in accordance with this Act, the Statutes and the Ordinances; and

 

(m)    to exercise and perform such other powers and functions as may be specified by any other provision of this Act or the Statutes.

 

(2)       No immovable property of the University shall, except with the prior sanction of the State Government, be transferred 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:

Provided that a lease granted in normal course for the purposes of the University shall not be deemed to be a transfer within the meaning of this sub-section.

(3)       The Executive Council shall not exceed the limits of, recurring and non-recurring expenditure to be incurred by it in any financial year as determined by the Finance Committee.

 

(4)       The Executive Council shall give due consideration to the resolutions of the Court and take such action thereon as it deems fit and report it to the Court. Where, in any case, the Executive Council is unable to take action in accordance with any resolution of the Court, it shall inform the Court of its reasons therefor.

 

(5)       The Executive Council may, subject to such conditions as may be prescribed, delegate any of its powers to an officer or Authority of the University.

Section 20 - The Finance Committee

(1)     The Finance Committee shall consist of?

 

(i)       the Vice-Chancellor;

 

(ii)      the Treasurer;

 

(iii)     three members of the Court, not being members of the Executive Council, to be elected in accordance with the system of proportional representation by means of single transferable vote, of whom two shall be persons not in the service of the University, a constituent college, an affiliated college or a hostel;

 

(iv)    two persons nominated by the State Government.

 

(2)     The Vice-Chancellor shall be the Chairman and the Registrar shall be the Secretary of the Finance Committee.

 

(3)     The Finance Committee shall, having regard to the income and resources of the University, fix limits for the total recurring and the total non-recurring expenditure for a financial year, and shall perform such other functions and duties as may be prescribed by this Act or the Statutes.

 

(4)     The Finance Committee may, for any special reason, revise during the financial year, the limits of expenditure fixed by it under sub-section (3).

Section 21 - Academic Council

(1)     The Academic Council shall be the academic body of the University and shall, subject to the provisions of this Act, the Statutes and the Ordinances, have the control and general regulation, and be responsible for the maintenance, of standards of instruction, education, examination and research in the University, and shall exercise such other powers and perform such other functions and duties as may be conferred or imposed upon it by the Statutes. It shall have the right to advise the Executive Council on all academic matters.

 

(2)     The constitution of the Academic Council and the term of office of its members shall be such as may be prescribed.

Section 22 - The Faculties

(1)     The University shall have such Faculties as may be prescribed.

 

(2)     Each Faculty shall comprise such Departments of teaching as may be prescribed. Subjects of study shall Be assigned to various Departments in accordance with the Ordinances.

 

(3)     There shall be a Board of each Faculty, the constitution and powers of which shall be such as may be prescribed.

 

(4)     There shall be a Dean of each Faculty who shall be chosen in such manner and for such period as may be prescribed.

 

(5)     The Dean shall be the Chairman of the Board of the Faculty and be responsible for the due observance of the Statutes, Ordinances and Regulations relating to the Faculty. He shall be further responsible for the organization and conduct of the teaching and research work of the Departments comprised in the Faculty.

 

(6)     There shall be established Boards of studies each in respect of one or more subjects of study. The constitution of the Boards shall be prescribed by the Ordinances.

Section 23 - Selection Committees

(1)     There shall be Selection Committee for appointment of teachers of the University in each subject of study.

 

(2)     The constitution, powers and functions of the Selection Committees and the procedure to be followed in making appointments shall be such as may be prescribed.

Section 24 - Other Authorities

The constitution, powers and duties of other Authorities shall be such as may be prescribed.

Section 25 - Boards

(1)     The University shall have a Board of Co-ordination, a Board of Students' Welfare and such other Boards as may be prescribed.

 

(2)     The constitution, powers and duties of the Boards shall be such as may be prescribed.

Section 26 - Appointment of teachers

(1)     Subject to the provisions of this Act, teachers of the University shall, except as provided in sub-section (3), be appointed by the Executive Council on the advice of the Selection Committee concerned. Teachers of the affiliated colleges shall, subject to the provisions of sub-section (4), be appointed by the Management in the manner prescribed.

 

(2)     Every teacher appointed under sub-section (1) shall, in the first instance, be on probation for such period as may be prescribed and he shall not be confirmed?

 

(a)      if he is a teacher of the University, except by the order of the Executive Council after considering the reports of the Vice-Chancellor and the Head of the Department, unless he himself is the Head of the Department, and the Dean concerned; and

 

(b)      if he is a teacher of an affiliated college, except by the order of the Management after considering the report of the principal and the senior-most teacher of the subject:

Provided that no report under this clause shall be necessary in the case of confirmation of the principal, and the report of the principal alone shall be necessary in the case of confirmation of the senior most teacher.

(3)     An officiating appointment in a vacancy caused by the grant of leave to an incumbent for a period not exceeding ten months may be made by the Executive Council without referring to the Selection Committee concerned if the vacancy is to last for a period not exceeding six months, and after referring to the Selection Committee concerned if the vacancy is to last for more than six months.

 

(4)     Every substantive or temporary or officiating appointment lasting for six months or more of a teacher in an affiliated college, not being maintained exclusively by the State Government shall be reported by the Management to the Vice-Chancellor within fifteen days from the date of such appointment together with all the applications and connected papers. The continuance of the appointment shall be subject to the approval of the Vice-Chancellor who may either approve the appointment, or with the concurrence of the Selection Committee of the University in the subject concerned, disapprove of the same, in which case it shall be terminated as soon as may be but not later than the date of expiry of the period of probation.

Section 27 - Conditions of service of Officers and Teachers

(1)     Subject to the provisions of this Act, the Statutes and the Ordinances, every salaried officer or teacher of the University shall be appointed under a written contract which shall be lodged with the University and a copy thereof shall be furnished to the officer or teacher concerned.

 

(2)     Any dispute arising out of a contract referred to in sub-section (1) shall be referred to a Tribunal of Arbitration consisting of one member nominated by the Executive Council, one member nominated by the officer or teacher concerned, and an umpire appointed by the Chancellor, and the decision of the Tribunal shall be final. All the provisions of the Arbitration Act, 1940 (Act X of 1940), shall, subject to the provisions herein contained, apply to such reference.

 

(3)     The University shall, for the benefit of its officers, teachers and other employees, constitute in such manner and subject to such conditions as may be prescribed, such pension, gratuity, insurance and provident funds as it may deem fit.

"(5) Nothing in this section or in section 28 shall apply in relation to the recruitment, and conditions of service of a person appointed, to a post of teacher in an affiliated college maintained by the State Government or by a local authority."

Section 28 - Conditions of service of teachers of affiliated colleges

(1)     Every teacher in an affiliated college, not being a college maintained exclusively by the Government, shall be appointed under a written contract which shall contain such terms and conditions as may be prescribed. The written contract shall be lodged with the University and a copy thereof shall be furnished each to the Management and the teacher concerned.

 

(2)     Any dispute arising out of a contract referred to in sub-section (1) between an affiliated college and any teacher thereof shall be referred to a Tribunal of Arbitration consisting of one member nominated by the Management, one member nominated by the teacher concerned and an umpire appointed by the Vice-Chancellor. The decision of the Tribunal shall be final. All the provisions of the Arbitration Act, 1940 (Act X 1940), shall, subject to the provisions herein contained, apply to such reference.

 

(3)     Every decision by the Management of an affiliated college, other than a college maintained exclusively by the Government, to dismiss or remove from service a teacher, shall be reported forthwith to the Vice-Chancellor and, subject to the provisions contained in the Statutes, shall not take effect unless it has been approved by the Vice-Chancellor.

Section 29 - Certain other provisions

At any time after the passing of this Act and until such time as the relevant Authorities of the University are duly constituted, any officer of the University other than the Treasurer may be appointed by the Vice-Chancellor with the previous sanction of the Chancellor.

Section 30 - 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 the following:--

(a)      the constitution, powers and duties of the Authorities of the University:

 

(b)      the selection, election, appointment and the term of office of members of the Authorities of the University and filling of vacancies and all other matters relating thereto;

 

(c)      the terms and conditions of appointment and the powers and duties of the officers of the University;

 

(d)      the constitution of a pension or provident fund and the establishment of an insurance scheme for the benefit of officers, teachers and other employees of the University;

 

(e)      the classification and manner of appointment of teachers;

 

(f)       the institution of degrees and diplomas;

 

(g)      conferment of honorary degrees;

 

(h)     withdrawal of degrees, diplomas, certificates and other academic distinctions;

 

(i)       establishment, amalgamation, subdivision and abolition of Faculties;

 

(j)       establishment of Departments of teaching in the Faculties;

 

(k)      establishment and abolition of hostels maintained by the University;

 

(l)       conditions under which colleges and other institutions may be affiliated to the University and the conditions under which the affiliation may be withdrawn;

 

(m)    inspection of affiliated colleges;

 

(n)     maintenance of a register of registered graduates, and the qualifications, conditions and manner of registration;

 

(o)      the holding of convocation;

 

(p)      institution of fellowships, scholarships, medals and prizes; and

 

(q)      all other matters which are required by this Act to be provided for by the Statutes.

Section 31 - The Statutes how made

(1)     The first Statutes shall be made by the State Government and a copy thereof shall be laid before each House of the State Legislature for a total period of fourteen days extending in its one session or more than one successive sessions and they shall be subject to such alterations and annulments as the two Houses of the Legislature may agree to make; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.

 

(2)     The Court may, from time to time, make additional Statutes and may amend or repeal a Statute in the manner provided in this section.

 

(3)     The Executive Council may propose to the Court the draft of any Statute to be passed by the Court, and such draft shall be considered by the Court at its next general meeting:

Provided that the Executive Council shall not propose the draft of any Statute or of any amendment of any Statute affecting the Status, powers or constitution of any existing Authority of the University until such Authority has been given an opportunity to express its opinion upon the proposal and the opinion so expressed shall be considered by the Court.

(4)     The Court may approve any such draft as is referred to in sub-section (3) and pass the Statute or reject it or return it to the Executive Council for reconsideration, either in whole or in part, together with any amendment which it may suggest.

 

(5)     Any member of the Court may propose to the Court the draft of any Statute or any amendment of any Statute and the Court may either accept or reject the proposal or refer such draft for consideration to the Executive Council, which may either report to the Court that it does not accept the proposal or submit the draft to the Court in such form as the Executive Council may approve and the provisions of this section shall apply in the case of a draft so submitted as they apply in the case of a draft proposed to the Court by the Executive Council.

 

(6)     A Statute or any amendment or repeal thereof made by the Court shall not take effect unless it is approved by the Chancellor who may either approve or disapprove it or return the same for further consideration by the Court.

Section 32 - Ordinances

(1)     Subject to the provisions of this Act and the Statutes, the Ordinances may provide for any matter permitted by the Act or the Statutes to be so provided and for any other matter, which the Executive Council considers it advisable to provide for by Ordinances.

 

(2)     Without prejudice to the generality of the provision contained in sub-section (1), the Ordinances may provide for all or any of the following matters, namely?

 

(a)      the admission of students to the University and their enrolment and continuance as such;

 

(b)      the courses of study to be laid down for all degrees and diplomas of the University;

 

(c)      the conditions under which students shall be admitted to the Degree, Diploma or other courses and to the examinations of the University, and shall be eligible for the award of degrees and diplomas;

 

(d)      the conditions of residence of the students of the University and the management of the hostels maintained by the University;

 

(e)      the recognition and management of hostels not maintained by the University;

 

(f)       the number, qualifications, emoluments, and other conditions of service, including the age of retirement, of the teachers and other salaried officers of the University, and the preparation and maintenance of record of their service and activities:

 

(g)      the fees which may be charged by the University for any purpose;

 

(h)     the conditions subject to which persons may be recognised as qualified to give instruction in hostels;

 

(i)       the conditions and mode of appointment and the duties of examining bodies, examiners and moderators;

 

(j)       the conduct of examinations;

 

(k)      the remuneration and the allowances including travelling allowance and daily allowance to be paid to persons employed in the business of the University;

 

(l)       the conditions of award of fellowships, scholarships, studentship, bursaries, medals and prizes;

 

(m)    all other matters which by this Act or the Statutes are required to be or may be provided for by Ordinances.

Section 33 - Ordinances how made

(1)     Save as otherwise provided in this section, Ordinances shall be made by the Executive Council and shall have effect from such date as the Executive Council may direct;

Provided that no Ordinance shall be made--

(a)      affecting the income or expenditure of the University unless a draft of such Ordinance has been submitted to the State Government and approved by it, or

 

(b)      laying down conditions for admission to the various courses of studies in the University or affecting in any other way the admission of students, unless a draft of the same has been proposed by the Academic Council; or

 

(c)      affecting any course of study, the conduct or standard of any examination, or the condition and mode of appointment and duties of examiners, unless a draft of such Ordinance has been proposed by the Academic Council, and the Academic Council shall not propose any such draft except on request of the Board of Faculties or Faculty concerned; or

 

(d)      affecting the conditions of residence of students except after compliance with such conditions, if any, as may be prescribed.

 

(2)     The Executive Council shall not have power to amend any draft proposed by the Academic Council under sub-section (1) but may reject it or return it to the Academic Council for reconsideration, either in whole or in part, together with any amendment which the Executive Council may suggest.

 

(3)     A copy of the Ordinance made by the Executive Council shall be submitted forthwith each to the Chancellor and the Court and it shall be considered by the Court at its next meeting. The Court may agree to the Ordinance, or it may, by a resolution passed by a majority of not less than two-thirds of the members present at such meeting, cancel the Ordinance and in that case the Ordinance shall, from the date of such resolution, be void. The Court shall forthwith inform the Chancellor of its agreeing to, or as the case may be of cancelling, the Ordinance.

 

(4)     The Chancellor may, at any time, after an Ordinance has been considered and agreed to by the Court, either agree to it or cancel the same, and in the latter case, the Ordinance shall, from the date of receipt by the Executive Council of an intimation of such cancellation, become void.

 

(5)     The Chancellor may direct that the operation of any Ordinance shall be suspended until it has been agreed to or cancelled by him under sub-section (4). An order of suspension under this sub-section shall cease to have effect on the expiration of fifteen days from the date of receipt by the Chancellor of an intimation of the Court having agreed to the Ordinance.

 

(6)     Where the draft of an Ordinance proposed by the Academic Council has been rejected by the Executive Council, the Academic Council may appeal to the Court which, after obtaining the views of the Executive Council may, if it approves the draft, make the Ordinance and submit it to the Chancellor. The Ordinance so made shall have effect from such date as the Court may direct. The Chancellor may either agree to, or cancel, the Ordinance, and in the latter case the Ordinance shall, from the date of receipt by the Executive Council of an intimation of such cancellation, become void.

Section 34 - Regulations

(1)     An Authority or a Board of the University may make Regulations consistent with this Act, the Statutes and the Ordinances?

 

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

 

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

 

(c)      providing for any other matters solely concerning such Authority or Board and not provided for by this Act; the Statutes and the Ordinances.

 

(2)     The Regulations made by any Authority or Board 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 Board of the University, other than the Court, to cancel or amend, in such form as may be specified in the direction, any Regulation made by such Authority or Board and such Authority or Board shall cancel or amend the Regulation accordingly:

Provided that an Authority or Board of the University if dissatisfied with any such direction may appeal to the Chancellor who, after obtaining the views of the Executive Council, may pass such orders as he thinks fit.

Section 35 - Admission of students

(1)     Students shall not be eligible for admission to the courses of study for a degree unless they have passed the Intermediate examination of the Board of High School and Intermediate Education, Uttar Pradesh, or of any University or Board incorporated by any law for the time being in force, or an examination recognised by the University as equivalent thereto and possess such further qualifications, if any, as may be prescribed by the Ordinances.

 

(2)     The University shall not, save with the previous sanction of the Chancellor recognise, for admission to a course of study for a degree, as equivalent to its own degrees, any degree conferred by any other University, or as equivalent to the Intermediate examination of the Board of High School and Intermediate Education, Uttar Pradesh, any examination conducted by any other authority.

Section 36 - Residence of students

(1)     Every student of the University shall reside in a hostel or under such conditions as may be prescribed by the Statutes and Ordinances.

 

(2)     The Warden and other staff of the hostels shall be appointed in the manner prescribed by the Ordinances.

 

(3)     The Executive Council may suspend or withdraw the recognition of a hostel which is not conducted in accordance with the prescribed conditions:

Provided that before taking such action a reasonable opportunity shall be afforded to the person in charge of the management of the hostel of representing against such action.

Section 37 - Examinations

(1)     Subject to the provisions of this Act and the Statutes, the Academic Council shall direct the arrangements for the conduct of examinations.

 

(2)     If any examiner is, for any cause, incapable of acting as such, the Vice-Chancellor shall appoint an examiner to fill the vacancy. Every such appointment shall be reported to the Executive Council.

 

(3)     As nearly as possible, one-half of the number of examiners appointed in each subject prescribed for a degree, shall be persons not in the service of the University, or any of its Constituent or affiliated colleges.

 

(4)     The Board of each Faculty shall appoint an Examination Committee for every subject assigned to any department included in the Faculty. The Committee shall consist of such persons as the Board may, subject to the approval of the Academic Council, appoint from amongst its own members or from outside. The Committee shall have power to moderate question papers set for an examination, review the quality of the work submitted by candidates for an examination, report on the standard of attainment and make recommendations in regard to any of these matters. Any review, report or recommendations made by the Committee shall be laid before the Academic Council for its consideration.

Section 38 - Affiliated Colleges

(1)     The conditions of affiliation of a college shall be such as may be prescribed.

 

(2)     An affiliated college may make arrangements with any other affiliated college situated at the same place or with the University for co-operation in the work of teaching.

 

(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. The Principal of every such college shall be responsible for the due maintenance of discipline therein.

 

(4)     Every affiliated college shall furnish such reports, returns and other particulars as the Executive Council may call for on its motion or at the instance of the Academic Council.

 

(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 this behalf.

 

(6)     The Executive Council may direct an affiliated college so inspected to take within such period as may be specified by it such action as may appear to it to be necessary.

 

(7)     The affiliation of a college which fails to comply with the directions of the Executive Council or fails to observe the conditions of affiliation may be withdrawn in accordance with the provisions of the Statutes.

Section 39 - Autonomous Colleges

The University may grant, in the manner prescribed, to an affiliated college which satisfies the conditions prescribed in this behalf, the privilege of varying, for the students receiving instruction in such college, the courses of study prescribed by the University, and holding examinations in the courses so varied. The extent to which the courses may be varied and the manner of holding examinations conducted by such college shall be determined in each case by the University. Such a college shall be declared in the manner prescribed as an Autonomous College.

Section 40 - Working Men's Colleges

The University may, under such conditions as may be prescribed, recognise an affiliated college as a "Working Men's College" for the purpose of providing courses for degrees to persons, otherwise eligible for admission to such courses, who may be unable to be enrolled as whole-time students by reason of being engaged in business, trade, agriculture or industry or employed in any other form of service. The courses for such students shall extend over a period which shall not be less than one and a half time the duration prescribed for such courses for other students. Each such course shall be organised separately.

Section 41 - Constituent College

(1)     The University may have such Constituent Colleges as may be named by the Statutes.

 

(2)     The Principal of a Constituent College shall be responsible for the discipline of the students of that college and shall have general control over the ministerial and inferior staff of that college. He shall exercise such other powers as may be prescribed by the Statutes.

Section 42 - Annual Reports

The annual report of the University shall be prepared under the direction of the Executive Council and shall be submitted to the Court before its Annual Meeting at which it shall be considered. The Court may make its comments, if any, and pass a resolution thereon and communicate the same to the Executive Council which shall take such action thereon as it thinks fit.

Section 43 - Accounts and audit

(1)     The annual accounts and balance sheet of the University shall be prepared under the direction of the Executive Council, and all moneys 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.

 

(2)     A copy of the annul accounts and the balance sheet shall be submitted to the State Government which shall cause the same to be audited.

 

(3)     The annual accounts and the balance sheet when audited shall be printed and copies thereof shall, together with copies of the audit report, be submitted by the Executive Council to the Court and the State Government.

 

(4)     The State Government may require any person found to have spent or authorised the expenditure of funds in excess of the amounts provided for the relevant item in the Budget, or in violation of any provision of this Act, the Statutes or the Ordinances, to reimburse the amount so spent or authorised to be expended and the State Government may take all such steps in this regard as may be deemed necessary:

Provided that the State Government shall, before requiring any person to reimburse any such amount, give him a reasonable opportunity of making a representation.

(5)     The Executive Council shall also prepare, before such date as may be prescribed, the budget for the ensuing year.

 

(6)     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 for its recommendations thereon.

 

(7)     The Executive Council shall, after considering the recommendations, if any, of the Finance Committee, submit the annual accounts and the budget as finally approved by it to the Court along with such recommendations.

 

(8)     The annual accounts and the budget shall be considered by the Court at its Annual Meeting and the Court may pass a resolution with reference thereto and communicate the same to the Executive Council:

Provided that where there has been a disagreement between the Executive Council and the Finance Committee upon any item of expenditure referred to it in sub-section (6), the decision of the Court thereon shall be final.

(9)     Except in so far as expenditure is inclined out of funds mentioned in clause (c) of sub-section (1) of section 19, the Vice-Chancellor or the Executive Council shall not incur any expenditure not sanctioned in the budget.

Section 44 - Manner of appointment of Officers and members of Authorities

(1)     Except as otherwise expressly provided in this Act, officers or members of any Authority of the University shall be chosen in such manner as may be prescribed.

 

(2)     Where a provision is contained in this Act or the Statutes for any appointment by rotation or according to seniority or other qualification, the manner of rotation or determination of seniority or other qualifications, shall be such as may be prescribed.

Section 45 - Filling of casual vacancies

(1)     Any casual vacancy among the members, other than ex-officio members, of any Authority or body of the University shall, as soon as conveniently may be, be filled in the same manner in which the member whose vacancy is to be filled up, was chosen, and the person filling the casual 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 member of an Authority of the University as a representative of another body, whether of the University or outside, shall retain his seat on such Authority so long as he continues to be the representative of such body and thereafter till his successor is duly chosen.

Section 46 - Removal from membership of the University and withdrawal of degree, diplomas, etc

The Court may, on the recommendation of not less than two-thirds of the members of the Executive Council, remove any person from the membership of any Authority or body of the University who has been convicted of an offence which, in the opinion of the Court, involves moral turpitude or who is guilty of scandalous conduct or has behaved in a manner becoming of a member of such Authority or body, and may on any of the said grounds withdraw from any person, any degree, diploma or certificate conferred or granted by the University:

Provided that before taking any action under this section, the member or the person concerned shall be afforded reasonable opportunity of making a representation against the proposed action.

Section 47 - Dispute about constitution of University authorities and Boards and validity of decisions

If any question arises whether any person has been duly chosen as, or is entitled to be, a member of any Authority or Board of the University, or whether any decision of the University or any Authority thereof is in conformity with this Act, the Statutes and the Ordinances, the matter shall be referred to the Chancellor, whose decision thereon shall be final.

Section 48 - Pension and Provident Fund

Where any Pension or Provident Fund has been constituted by the University for the benefit of its officers, teachers or other servants, the State Government may declare that the provisions of the Provident Fund Act, 1925 (Act No. XIX of 1925), shall apply to such fund as if it were a Government Provident Fund.

Section 49 - Completion of courses of students in colleges affiliated to the University of Agra

Notwithstanding anything contained in this Act, the Statutes or the Ordinances--

(a)      any student of a college who immediately prior to the commencement of this Act was studying for a degree of the Agra University shall be permitted by the Kanpur University or the Meerut University, as the case may be, to complete his course for that degree and the University and the college shall provide for the instructions and examination of such student in accordance with the prospectus of studies of the Agra University, and

 

(b)      any such student may, until such examination is provided by the University, be admitted to the examination of the Agra University and be conferred with the degree of the University for which he qualifies on the result of such examination.

"47-A. Savings

No act or proceedings of any authority or other body of the University shall be called in question merely on the ground of the existence of any vacancy in the membership thereof or any defect in its constitution, or of some person having taken part in the proceedings thereof who is subsequently discovered not to have been entitled so to do."

Section 50 - Removal of difficulties

(1)     The State Government may, for the purpose of removing any difficulty in relation to the enforcement of this Act, by order published in the Gazette?

 

(a)      direct that this Act and any Statute made thereunder shall, during such period, not exceeding three years, as may be specified in the order, take effect subject to such adaptations, whether by way of modification, addition or omission, as it may deem to be necessary or expedient; or

 

(b)      direct by whom and in what manner the powers, duties and functions exerciseable or dischargeable under this Act by any Officer or Authority of the University shall be exercised and discharged till such officer or Authority is duly appointed or constituted:

Provided that no such order shall be made after three years from the date of the commencement of this Act.

(2)     Every order made under sub-section (1) shall be laid, as soon as may be, before both the Houses of the Legislature.

'(aa) direct that all or any of the Statutes or Ordinances made under the Agra University Act, 1926, shall, with such, adaptations and modifications, whether by way of addition, amendment or omission as it may deem to be necessary or expedient, apply in relation to the University for so long as the first Statutes in respect of the same subject matter are not made under sub-section (1) of section 31;'

Section 51 - Power to adapt and modify certain statutory instruments

(1)     For the purpose of giving effect to the provisions of this Act, the State Government may by order published in the Gazette make such incidental and consequential adaptations and modifications whether by way of addition, amendment or omission, and with effect from such date, as it may deem to be necessary or expedient, in any statutory instrument, being an order, rule, statute or Ordinance made under any other Uttar Pradesh Act relating to the incorporation of a University, and any such adaptation or modification shall not be questioned in any court:

Provided that no such order shall be made after three years from the date of commencement of this Act.

(2)     Nothing in sub-section (1) shall be deemed to prevent any competent authority from adding to, amending or rescinding any statutory instrument adapted or modified by the State Government under the said sub-section.

 

(3)     Every order made under sub-section (1) shall be laid as soon as may be before both the Houses of the Legislature.

Section 52 - Option regarding registration of graduates

(1)     Graduates of any University incorporated by or under any other Uttar Pradesh Act who took or hereafter take any degree after pursuing a course of study or carrying on research in a college or other institution which by virtue of the provisions of this Act is subsequently affiliated or deemed to be affiliated to the Kanpur or Meerut University shall have the option, on the basis of such degree, to become or continue to be registered graduates of either their original University or of the Kanpur or Meerut University, as the case may be, but not of both, in accordance with the Statutes of the University concerned, and provision shall be made in the Statutes of all the Universities concerned also for the cesser of registration of those registered graduates who having obtained registration as such before the commencement of this Act, opt as aforesaid to become registered graduates of the Kanpur or Meerut University.

 

(2)     Notwithstanding anything contained in the Agra University Act, 1926, any person who is a member of any Authority or body of the Agra University in his capacity as a representative of registered graduates of that University shall with effect from the date he ceases in consequence of the exercise by him of an option mentioned in sub-section (1) to be a registered graduate of that University cease or be deemed to have ceased to be such member".