RAMA
UNIVERSITY UTTAR PRADESH ACT, 2013 THE RAMA UNIVERSITY
UTTAR PRADESH ACT, 2013[1] [Act No. 01 of 2014] An Act to establish
and incorporate a teaching University sponsored by the Rama Educational
Society, Kanpur at Kanpur in Uttar Pradesh and to provide for matters connected
therewith or incidental thereto. It
is hereby enacted in the Sixty-fourth Year of the Republic of India as
follows-- Prefatory
Note--Statement of Objects and Reasons.--With a view to encouraging private
sector to participate in the field of higher education, it has been decided to
establish and incorporate a teaching University at Kanpur in Uttar Pradesh by
the name of Rama University, Kanpur sponsored by the Rama Educational Society,
Kanpur registered under the Societies Registration Act, 1860 so as to provide
to the students and teachers the necessary atmosphere and facilities for the
promotion of innovations leading to proper structuring of courses, new methods
of teaching and learning and integral development of personality. The Rama
University Uttar Pradesh Bill, 2013 is introduced accordingly. This
Act may be called the Rama University Uttar Pradesh Act, 2013. In
this Act, unless the context otherwise requires-- (a) "Academic Council" means the Academic
Council of the University; (b) "Board" means the Board of studies and
the Planning Board, or any other Board of the University; (c) "Chancellor", "Vice-Chancellor"
and "Pro Vice-Chancellor" mean respectively the Chancellor, the
Vice-Chancellor and the Pro Vice-Chancellor of the University; (d) "Court" means the Court of the
University; (e) "Director/Principal" means the head of an
Institution, a College, a Centre and a School or the person appointed for the
purpose to act as such in his absence; (f) "Department" means a Department of
Studies and includes Centre of Studies and Research; (g) "employee" means any person appointed by
the University and includes a teacher or any other member of the staff of the
University; (h) "Executive Council" means the Executive
Council of the University; (i) "existing college" means a college or an
institution which imparts education and is proposed to be merged and maintained
by the University; (j) "Faculty" means a Faculty of the
University (k) "hostel" means students' hostel of the
University; (l) "Institution/College" means an academic
institution or college established, maintained by the University in accordance
with this Act and the Statutes and includes hospital, health and research
centre; (m) "prescribed" means prescribed by
Statutes; (n) "records and publications" means the
Records and Publications of the University; (o) "Society" means the Rama Educational
Society, Kanpur registered under the Societies Registration Act, 1860; (p) "Statutes", "Ordinance" and
"Regulations" means respectively, the Statutes, Ordinances and
Regulations of the University for the time being in force; (q) "student" means a student or scholar enrolled
in the register of the University; (r) "teacher of the University" means a
Professor, an Associate Professor/Assistant Professor or a Lecturer and any
other person appointed for imparting education, instruction, training or
conducting research in the University and is designated as teacher by the
Ordinances; (s) "University" means the Rama University
Uttar Pradesh established under Section 3. (1) The University shall be established at Kanpur in
Uttar Pradesh by the Society by the name of the Rama University Uttar Pradesh. (2) The University shall be a body corporate. The
sponsoring body, the Society shall, for the purposes of establishing the University
under this Act, fulfil the following conditions, namely-- (a) duly possesses minimum 50 acres contiguous land; (b) construct on the land referred to in clause (a)
buildings of at least 24,000 sq. metre carpet area, out of which at least 50
per cent shall be for academic and administrative purposes; (c) install equipments in offices and laboratories
worth minimum rupees five crore in the building referred to in clause (b); (d) appoint teachers and establish infrastructure of
the departments for the purpose of teaching and/or research in at least seven
subjects as per the standards laid down by the University Grants Commission; (e) make the Statutes and the Ordinances for the
administration and functioning of the University; and (f) such other conditions as may be required by the
State Government to be fulfilled for the establishment of the University. (1) The University shall start operation only after the
State Government issues to the Sponsoring Body a letter of authorisation for
the commencement of the functioning of the University. (2) The State Government shall issue the letter of
authorisation after verifying the proposal along with documents received from
the Society to the effect that all conditions referred to in Section 4 have
been fulfilled. The
objects of the University shall be to disseminate and advance knowledge and
skill by providing instruction, research and extension facilities in such
branches of learning as it may deem fit and the University shall endeavour to
provide to students and teachers the necessary atmosphere and facilities for
the promotion of-- (a) innovations in education leading to restructuring
of courses, new methods of teaching, training and learning including online
learning, blended learning, continuing education and such other modes and
integrated and wholesome development of personality; (b) studies in various disciplines; (c) inter-disciplinary studies; and (d) national integration, secularism, social equity and
engineering of international understanding and ethics. The
University shall have the following powers, namely-- (a) to provide for instruction in such branches of
learning as the University may, from time to time, determine and to make
provisions for research and for the advancement and dissemination of knowledge
and skills; (b) to impart and promote the study of Agriculture and
Animal Husbandry, Science, Engineering and Technology, Bio and Medical
Sciences, Dental Science, Pharmacy, Management, Hotel and Hospitality
Management, Law and other professional courses and also History, Culture,
Commerce, Economics, Humanities, Philosophy, Social Sciences, Arts (including
Fine Arts and Music) etc. through in-campus, off-campus, offshore-campus and
satellite centres or by conducting centres or by distance education programmes
etc.; (c) to honour educational stalwarts and persons of
academic eminence with the decoration of Professor Emeritus; (d) to grant, subject to such conditions as the
University may determine, diplomas or certificates and to confer degrees or
other academic distinctions on the basis of examinations, evaluation or any
other method of testing on persons, and to withdraw any such diplomas,
certificates, degrees or other academic distinctions for good and sufficient
cause; (e) to confer honorary degrees or other distinctions in
the manner prescribed; (f) to provide education, instruction and training
including distance/correspondence and such other courses to such persons, who
are not members of the University; (g) to institute Directorship, Principalities,
Professorships, Associate Professorships, Assistant Professorships,
Lectureships and other teaching or academic posts required by the University
and to make appointments to the same; (h) to create administrative, ministerial and other
posts and to make appointments thereto; (i) to appoint/engage persons working in any other
University or organisation having specific knowledge permanently or for a
specified period; (j) to co-operate, collaborate or associate with any
other University or authority or institution in India and abroad in such manner
and for such purposes as the University may determine; (k) to establish and maintain campuses, constituent
colleges, schools, institutions, hospitals, research centres and such other
centres, specialised laboratories or other units for research and instructions
as are in the opinion of the University, necessary for the furtherance of its
objects; (l) to institute and award fellowships, scholarships,
studentships, medals and prizes; (m) to establish and maintain and supervise residences,
hostels within the University and promote the health and general welfare
activities for students and staff; (n) to make provisions for research and consultancy,
and for that purpose to enter into such arrangements with other institutions or
bodies as the University may deem necessary; (o) to establish a centre, an institution, a
department, or school, as the case may be, in accordance with the Statutes; (p) to determine standards for admission into the
University, which may include examination, evaluation or any other method of
testing; (q) to prescribe, demand and receive payment of fees
and other charges; (r) to establish and maintain health centres,
hospitals, hostels, residences, playgrounds, auditoriums etc., to promote the
health, general welfare, extra/co-curricular and recreational activities, games
and sports etc. for students and staff; (s) to make special arrangements in respect of women
and other disadvantaged students as the University may consider desirable; (t) to regulate and enforce discipline among the
employees and students of the University and take such disciplinary measures in
this regard as may be deemed necessary by the University; (u) to make arrangements for promoting the health and
general welfare of students and employees of the University; (v) to receive contribution, donations and
subscriptions and to acquire, hold, manage and dispose of any property through
lease, rent or sale in consultation with the Society for advancement of the
University; (w) to borrow by way of hypothecation or mortgage
against the property of the University with the approval of the Society for the
purposes of the University; (x) to appoint, either on contract or otherwise,
visiting professors, emeritus professors, consultants, fellows, scholars,
artists, course writers and such other persons who may contribute to the
advancement of the object of the University; and (y) to do all such other acts and things as may be
necessary, incidental or conducive to the attainment of all or any of the
objects of the University. (1) Admission to the different academic programmes
shall be made by the University in accordance with the laws for the time being
in force. (2) The University shall ensure that the academic
standards of the courses offered by it are in accordance with the guidelines of
the University Grants Commission and other regulatory authorities. (3) The teacher-student ratio shall be in accordance
with the guidelines of the University Grants Commission or other statutory
bodies. The
University shall be open to persons of either sex and of whatever race, creed,
caste or class and it shall not be lawful for the University to adopt or impose
on any person any test whatsoever of religious belief or profession in order to
entitle him to be admitted therein as an officer, a teacher, staff member,
student, or to hold any office herein or to graduate threat: Provided
that reservation in the posts and recruitment of the employees and reservation
of seats for admission in any course of study in the University for the
students belonging to the Schedule Castes, Scheduled Tribes and Other Backward
Classes of Citizens shall be regulated by the laws and orders of the State
Government for the time being in force. The
following shall be the officers of the University-- (a) the Chancellor; (b) the Pro-Chancellor; (c) the Vice-Chancellor; (d) the Pro Vice-Chancellor; (e) the Treasurer; (f) the Registrar; (g) the Finance Officer; (h) the Controller of Examinations; (i) the Controller of Admissions; (j) the Director/Principal; (k) the Dean of Faculties; (l) the Dean of Students' Welfare; (m) the Chief Proctor; and (n) such other officers as may be declared by the
statures to be officers of the University. (1) The Chancellor shall be appointed by the Society in
such manner and on such conditions as may be prescribed. (2) The Chancellor may in writing under his hand
addressed to the Society, resign his office. (3) The Chancellor shall, by virtue of his office, be
the Head of the University and the President of the Court and shall constitute
interim Executive Council. (1) The Pro-Chancellor shall be appointed by the
Chancellor for a period of three years in consultation with the Society and he
shall exercise such powers and performs such functions as may be prescribed. (2) The Pro-Chancellor shall assist the Chancellor in
discharging his duties and preside at meetings and at any convocation in his
absence. (3) The Pro-Chancellor may in writing under his hand
addressed to the Chancellor, resign his office. (1) The Vice-Chancellor shall be appointed by the
Chancellor in such manner as may be prescribed, for a period of three years. (2) The Vice-Chancellor shall be the principal
executive and academic officer of the University and shall be the Chairman of
the Executive Council, Academic Council, Finance Committee, Planning Board and
other Bodies of the University and shall exercise general supervision and
control over the affairs of the University and give effect to the decisions of
the authorities of the University. (3) The Vice-Chancellor may, if he is of the opinion
that immediate action is necessary on any matter, exercise any power conferred
on any authority of the University by or under this Act and shall convey to
such authority the action taken by him on such matters: 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 any authority or any person in the service of the 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 Chancellor within one
month from the date on which a decision on such action is communicated to him
and thereupon the Chancellor may confirm, modify or reverse action taken by the
Vice-Chancellor. (4) The Vice-Chancellor shall exercise such powers and
perform such other functions as may be prescribed. (1) The Pro Vice-Chancellor may be appointed by the
Vice-Chancellor with the approval of the Chancellor and shall exercise such
powers and perform such functions as may be prescribed. (2) The Pro Vice-Chancellor appointed under sub-section
(1) shall discharge his duties in addition to his duties as a Professor. (3) The Pro Vice-Chancellor shall assist the
Vice-Chancellor in discharging day to day duties as and when required. (4) The Pro Vice-Chancellor shall get honorarium of
such amount as may be prescribed. (1) The Treasurer shall be appointed by the Society in
consultation with the Chancellor in such manner and shall exercise such powers
and perform such functions as may be prescribed. (2) The Treasurer shall advise the Society and the Vice-Chancellor
in all financial matters including annual budget, annual auditing, allocation
of funds etc. and shall have the general supervision and control over the
finances of the University. (1) The Registrar shall be appointed in such manner as
may be prescribed. (2) The Registrar shall have the power to enter into
agreements, sign documents and authenticate records on behalf of the University
and shall exercise such other powers and perform such other functions as may be
prescribed. (3) The Registrar shall be the ex-officio Secretary of
the Executive Council and the Academic Council. (1) The Finance Officer shall be appointed in such
manner and shall exercise such powers and perform such functions as may be
prescribed. (2) The Finance Officer shall be the ex-officio
Secretary of the Finance Committee. The
Controller of Examinations shall be appointed by the Chancellor in such manner
and shall exercise such powers and perform such functions as may be prescribed. The
Director/Principal of a Constituent College shall be appointed by the
Vice-Chancellor in such manner and shall exercise such powers and perform such
functions as may be prescribed. The
manner of appointment and powers and functions of other officers of the
University including the Controller of Admissions, the Dean of Faculties, the
Dean of Students Welfare and Chief Proctor shall be such as may be prescribed. The
following shall be the authorities of the University-- (a) the Court; (b) the Executive Council; (c) the Academic Council; (d) the Planning Board; (e) the Finance Committee; (f) the Examinations Committee; (g) the Admissions Committee; (h) the Board of Faculties; (i) such other authorities as may be declared by the
statutes to be authorities of the University. (1) The Constitution of the court and the term of
office etc. of its members shall be such as may be prescribed. (2) The court shall be a Principal Advisory Body
subject to the provisions of this Act, it shall have the following powers and
functions, namely? (a) to review from time to time, the board policies and
programmes of the University and suggest measures for the working, improvement
and development of the University; (b) to consider and pas resolution on the Annual Report
and the Annual Accounts of the University and Audit Report of such accounts; (c) to advise the Chancellor in respect of any matter
which may be referred to it; (d) to perform such other functions as may be
prescribed. (1) The Executive Council shall be the Principal
Executive Body of the University. (2) The Constitution of the Executive Council, the term
of office of its members and its powers and functions shall be such as may be
prescribed. (1) The Academic Council shall be the Principal
Academic Body of the University and shall, subject to the provisions of this
Act, Statutes and Ordinances made thereunder, co-ordinate and exercise general
supervision over the academic policies of the University. (2) The Constitution of the Academic Council, the term
of office of its members and its powers and functions shall be such as may be
prescribed. (1) The Planning Board shall be the Principal Planning
Body of the University. The Board shall ensure that the infra-structure and
academic support system meet the norms of the University Grants Commission or
other regulatory authorities. (2) The Constitution of the Planning Board, term of
office of its members and its powers and functions shall be such as may be
prescribed. (1) The Finance Committee shall be the Principal
Financial Body of the University to take care of the financial matters. (2) The Constitution, powers and functions of the
Finance Committee shall be such as may be prescribed. The
Constitution of the Examinations Committee, the term of office of its members
and its powers and functions shall be such as may be prescribed. The
Constitution, powers and functions of the Admissions Committee, Board of
Faculties and of such other authorities of the University which may be declared
by the Statutes to be authorities of the University, shall be such as may be
prescribed. (1) The Executive Council with the approval of the
Chancellor shall make Statutes for carrying out the purposes of this Act: Provided
that no Statutes, effecting the number and emoluments of employees or the
income or expenditure of the University shall be made unless a draft of the same
has been approved by the Society. (2) Subject to the provisions of this Act, the Statutes
may provide for all or any of the following matters, namely? (a) the Constitution, power and functions of the
authorities and other Bodies of the University, as may be constituted from time
to time; (b) the appointment and continuance of the members of
the said authorities, filling of vacancies of the members and all other matters
relating to those authorities for which it may be necessary to provide; (c) the appointment, powers and duties of the officers
of the University and their emoluments; (d) the appointment of teachers of the University and
other academic and administrative staff, and their emoluments; (e) the appointment of teachers and other academic and
administrative staff working in any other University or Institution for a
specific period for undertaking a joint project; (f) the conditions of service of employees including
provisions for retirement benefits, insurance and provident fund, the manner of
termination of service and disciplinary actions; (g) the principles governing seniority of service of
employees; (h) the procedure for settlement of disputes between
employees or students and the University; (i) the procedure for appeal by any employee or student
against the action of any officer or authority of the University; (j) the conferment of honorary degrees; (k) the withdrawal of degree, diploma, certificate and
other academic distinctions; (l) the institution of fellowships, scholarships,
studentships, medals and prizes; (m) the maintenance of discipline amongst the students; (n) the establishment and abolition of Departments,
Centres and other constituent Institutions/Colleges etc.; (o) the delegation of powers vested in the authorities
or officers of the University; and (p) all other matters which by this Act are to be or
may be prescribed. (3)
The
Executive Council shall not make, amend or repeal any Statute affecting the
status, powers or constitution of any authority of the University until such
authority has been given an opportunity of expressing an opinion in writing on
the proposed changes and any opinion so expressed shall be considered by the
Executive Council. (4) Notwithstanding anything contained in the foregoing
sub-sections, the Chancellor may direct the concerned authority to make provisions
in the Statutes, in respect of any matter specified by him and if the concerned
authority is unable to implement such a direction within sixty days of its
receipt, the Chancellor may, after considering the reasons, if any,
communicated by the concerned authority or the Executive Council for its
inability to comply with such direction, make or amend the Statutes accordingly
as he may deem fit. Subject
to the provisions of this Act and the Statutes, the Ordinances shall be made by
the Executive Council which may provide for all or any of the following
matters, namely-- (a) the admission of students to the University and
their enrolment as such; (b) the courses of study to be laid down for all
degrees, diplomas and certificates of the University; (c) the medium of instructions and examinations; (d) the award of degree, diploma, certificate and other
academic distinctions, the qualifications for the same and the means to be
taken relating to the granting and obtaining of the same; (e) the fees to be charged for courses of study in the
University and for admission to the examinations, degrees, diploma and
certificates of the University; (f) the conditions for the award of fellowships,
scholarships, studentships, medals and prizes; (g) the conduct of examinations, including the term of
office and manner of appointment and the duties of examining bodies, examiners
and moderators; (h) the conditions of residence of students of the
University; (i) the special arrangements, if any, which may be made
for the residence, discipline and teaching of women students and the
prescribing of special courses of studies for them within the University; (j) the appointment and emoluments of employees other
than those for whom provision has been made in the Statutes; (k) the establishment of centres of studies, Board of
Studies, Institution, interdisciplinary studies, special centres, specialised
laboratories, hospitals, research centres etc. and other committees; (l) the manner of co-operation and collaboration with
other Universities and national and international authorities including learned
bodies or associations; (m) the creation, composition and functions of any
other body which is considered necessary for improving the academic mileser of
the University; (n) the remuneration to be paid to the examiners,
moderators, invigilators and tabulators; and (o) such other terms and conditions of service of
teachers and other academic staff as are not prescribed by the Statutes. (1) Subject to the provisions of this Act, the Statutes
and the Ordinances, an authority or body of the University may make regulations
for the conduct of business thereof. (2) The Executive Council may direct any authority or
body of the University other than the Court to cancel or to amend any
regulation. (1) The annual report of the University shall be
prepared under the direction of the Executive Council and shall be submitted to
the court on or after such date as may be prescribed and the court shall consider
it in its annual meeting. (2) The court shall submit the annual report to the
Chancellor along with its comments, if any. (1) The annual accounts and balance sheet of the
University shall be prepared under the directions of the Executive Council and
shall, once at least every year and at intervals of not more than fifteen
months, be audited by an experienced and qualified firm of Chartered
Accountants of repute who will be appointed with the approved of the society. (2) A copy of the annual accounts, together with the
audited report thereon, shall be submitted to the court and the Chancellor
along with the observations of the Executive Council. (3) Any observation made by the Chancellor on the
annual accounts shall be brought to the notice of the court and the Executive
Council and the observations, if any, shall after being reviewed by the
Executive Council, be submitted to the Chancellor for his approval. (1) Every employee of the University shall be appointed
or engaged in accordance with the provisions made in the Statutes or
Ordinances. (2) Any dispute arising between the University and any
of the employees appointed substantively, shall be referred to the Executive
Council, who shall decide the dispute after affording a reasonable opportunity
to the employee within three months from the date of its reference. (3) The aggrieved employee may file an appeal against
the order of the Executive Council to the Chancellor. (4) The decision of the Chancellor shall be final and
no suit or other legal proceedings shall lie in any court of law in respect of
the matters decided by the Chancellor. (5) Any dispute in respect of any employee engaged
temporarily or on ad hoc or part time or casual basis, shall be heard and
decided finally by the Vice-Chancellor. (1) Any student or candidate for an examination, whose
name has been removed from the rolls of the University by the orders or
resolution of the Academic Council, Proctorial Board or Controller of
Examinations, as the case may be, and who has been debarred from appearing at
the examinations of the University for more than one year, may within ten days
of the date of receipt of such order or copy of such resolution by him in
writing appeal to the Vice-Chancellor who may confirm, modify or reverse the
decision of the aforesaid authorities or the concerned Committee, as the case
may be. (2) Any decision taken by the Vice-Chancellor shall be
final. The
University may constitute for the benefit of its employees such welfare schemes
or provident fund or provide for such insurance schemes as it may deem fit in
such manner and subject to such conditions as may be prescribed. If
any question arises as to whether any person has been duty nominated or
appointed as or is entitled to be a member of any authority or other body of
the University, the matter shall be referred to the Chancellor whose decision
thereon shall be final. Where
any authority of the University is given power under this Act or the Statutes
to appoint committees, such committees shall save as otherwise provided,
consist of the members of the authority concerned and of such other persons as
the authority in each case, may think fit. All
vacancies among the members (other than ex-officio members) of any authority or
other body of the University shall be filled, as soon as may be convenient, by
the person or body, who appointed, nominated or co-opted the members whose
place has become vacant. The person appointed or co-opted to such vacancy shall
be a member of such authority or body for the remaining term for which he has
been appointed or co-opted. No
act or proceedings of any authority or body or committee of the University
shall be invalid merely by reason of the existence of a vacancy or vacancies
among its members. 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, proceeding or resolution,
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. (1) Every Statute or Ordinance made under this Act,
shall be made available in writing. (2) Each new Statute or Ordinance made under this Act,
shall be enforced as soon as it is made by the competent authority. (1) The Society shall establish a permanent endowment
fund of at least Rupees Ten crores. (2) The University shall have the power to invest the
permanent endowment fund in such manner as may be prescribed. (3) The University may transfer any amount from the
general fund or the development fund to the permanent endowment fund. (4) Any amount exceeding the minimum amount specified
in sub-section (1) may be withdrawn from the permanent endowment fund by the
University for the purposes of development of the University. (1) The University shall establish a general fund to
which the following amount shall be credited, namely? (a) all fees which may be charged by the University; (b) all sums received from any other source; (c) all contributions made by the Society; and (d) all contributions and subscriptions made in this
behalf by any person or body which are not prohibited by any law for the time
being in force. (2) The moneys credited to the general fund shall be
applied to meet all the recurring expenditures of the University. (1) The University shall also establish a development
fund to which the following moneys shall be credited, namely? (a) development fee, which may be charged from
students; (b) all sums received from other sources for the
purpose of the development of the University; (c) all contributions made by the Society; (d) all contributions, subscriptions and donations etc.
made in this behalf by any other person or body which are not prohibited by any
law for the time being in force; and (e) all incomes received from the permanent endowment
fund. (2) The moneys credited to the development fund from
time to time shall be utilised for the development of the University. The
funds established under Sections 43, 44 and 45 shall subject to general
supervision and control of the court, be regulated and maintained in such
manner as may be prescribed. The
University shall not be eligible for any grant-in-aid or any financial
assistance from the State Government or any other body or corporation owned and
controlled by the State Government. The
fees charged for different academic programmes shall be in accordance with law
for the time being in force. (1) It shall be the duty of the University or any
authority or officer of the University to furnish such information or records
relating to the administration or finance and other affairs of the University
as the State Government may call for. (2) The State Government, if it is of the view that
there is a violation of the provisions of this Act or the Statutes or
Ordinances, made thereunder, may issue such directions to the University as it
may deem necessary. (1) If the Society proposes its dissolution in
accordance with the law governing its constitution or incorporation, it shall
give at least six months written notice to the State Government. (2) On receipt of notice referred to in sub-section
(1), the State Government shall make such arrangements for administration of
the University from the date of dissolution of the University and until the
last batch of students in regular courses of studies of the University complete
their courses of studies in such manner as may be prescribed. (1) The expenditure of administration of the University
during taking over the liabilities of the University under Section 50 shall be
met out of the permanent endowment fund, the general fund and the development
fund. (2) If the funds referred to sub-section (1) are not
sufficient to meet the expenditure of the University during the taking over the
liabilities of the University, such expenditure may be met by disposing of the
properties or assets of the University by the State Government. (1) Where the State Government receives a complaint
that the University is not functioning in accordance with the provisions of
this Act, it shall required the University to show cause, within such time,
which shall not be less than two months, referring a copy of the complaint, as
to why the University should not be de-rocognised. (2) If, upon receipt of the reply of the University to
the notice given under sub-section (1), the State Government is satisfied that
prima facie case of mismanagement or violation of the provisions of this Act in
the functioning of the University is made out, it shall order such inquiry as
it may deem necessary. (3) For the purposes of inquiry under sub-section (2),
the State Government shall, by notification, appoint an officer or authority as
the inquiring authority to inquire into the allegation of violation of the
provisions of this Act. (4) Every inquiring authority appointed under
sub-section (3) shall, while performing its functions under this Act, have all
the powers of Civil Court under the Code of Civil Procedure, 1908 trying a suit
and in particular in respect of the following matters, namely? (a) summoning and enforcing the attendance of any
witness and examining him on oath; (b) requiring the discovery and production of any
document; (c) requisitioning any public record or copy thereof
from any office; (d) receiving evidence on affidavits; and (e) any other matter which may be prescribed. (5) If, upon receipt of the inquiry report, the State
Government is satisfied that the University has violated any provision of this
Act, the State Government shall direct the University to make necessary
improvements and suggest for proper implementation of the provisions of this Act. (6) If it is observed that the University is violating
the provisions of the Act continuously for three times, the State Government
may require the University to show cause within such time which shall not be
less than two months, as to why the University should not be de-recognised. If,
upon receipt of the said reply of the University, the State Government is
satisfied that prima facie case of violation of the provisions of this Act, is
made out, it may de-recognise the University by a notification published in the
Official Gazette with prior approval of the University Grants Commission. (7) During the period of the management of the
University under sub-section (6), the State Government may utilise the
permanent endowment fund, the general fund or the development fund for the
purposes of the management of the affairs of the University. If the funds of
the University are not sufficient to meet the requisite expenditure of the
University, the State Government may dispose of the assets or the properties of
the University to meet the said expenses. (8) Every notification under sub-section (6) shall be
laid before both Houses of the State Legislature before implementation. The
State Government may issue such directions from time to time to the University
on policy matters not inconsistent with the provisions of this Act, as it may
deem necessary. Such directions shall be complied with by the University. All
assets and properties including permanent endowment fund, general fund or any
other fund and also the liabilities of the University shall be vested in the
Society in case of dissolution or de-recognition of the University under any provision
mentioned hereinabove. (1) The State Government may for purposes of removing
any difficulty, particularly in relation to the transition from the provisions
of the Uttar Pradesh State Universities Act, 1973 to the provisions of this
Act, direct that the provisions of this Act shall during such period as may be
specified in the order, have effect subject to such adaptations, whether by way
of modification, addition or omission, as it may deem necessary or expedient to
do so: Provided
that no such order shall be made after two years from the date of commencement
of this Act. (2) Every order made under sub-section (1) shall be
laid before both the House of the State Legislature as soon as may be, after it
is made. (3) No order made under sub-section (1) shall be called
in question in any court on the ground that no difficulty, as is referred to in
that sub-section, existed or was required to be removed. [1] Received the assent of the Governor on January
10, 2014 and published in the Gazetee of India, Extra., Part 1, Section (Ka),
dated 10th January, 2014, pp. 15-27
Preamble - THE RAMA UNIVERSITY UTTAR
PRADESH ACT, 2013PREAMBLE