RAS
BIHARI BOSE SUBHARTI UNIVERSITY ACT, 2016 THE RAS BIHARI BOSE SUBHARTI UNIVERSITY ACT, 2016 [Act No. 35 of 2016] An Act to establish and incorporate a Teaching University
sponsored by Dr. Jagat Narain Subharti Charitable Trust, Dehradun in
Uttarakhand and to provide for matters connected therewith or incidental
thereto. It is hereby enacted in the
Sixty-seventh Year of the Republic of India by Uttarakhand State Legislative
Assembly as follows-- (1)
This Act may be called the Ras Bihari Bose Subharti University
Act, 2016. (2)
It shall come into force on such date as the State Government may,
by notification in the Official Gazette, appoint. 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)
"Visitor", "Chancellor",
"Vice-Chancellor" and "Pro Vice-Chancellor" means
respectively the Visitor, 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,
College, School, Polytechnic and Industrial Training Institute or the person
appointed for the purpose to act as such in his absence; (f)
"Department" means a Department of Studies, and includes
a 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)
"Faculty" means a Faculty of the University; (j)
"Hostel" means Scholars/Students Hostel of the
University; (k)
"Institution" means an Academic Institution established
or maintained by the University; (l)
"Prescribed" means prescribed by Statutes; (m)
"Records and Publications" means the Records and
Publications of the University; (n)
"Statutes" and "Acts" means respectively, the
Statutes and Acts of the University for the time being in force. (o)
"Student" means a student enrolled in the Register of
the University; (p)
"Teacher of the University" means Professor, Associate
Professor/Reader Asst. Professor/Lecturer and such other person as may be
appointed for imparting education/instructions or conducting research in the
University and is designated as Teacher by the Acts; (q)
"Accounts Officer", "Registrar",
"Additional Registrar", "Deputy Registrar", "Assistant
Registrar", "Purchase Officer", "Finance Officer",
"Controller of Examinations", "Librarian", "Chief
Proctor", "Proctor" means respectively the Accounts Officer,
Registrar, Additional Registrar, Deputy Registrar, Assistant Registrar,
Purchase Officer, Finance Officer, Controller of Examinations, Librarian, Chief
Proctor, Proctor of the University; (r)
"Trust" means Dr. Jagat Narain Subharti Charitable established
on 12-8-2002 by the name of Sri Sri 1008 Narayan Swami, Charitable Trust and
the new name 'Dr. Jagat Narain Subharti Charitable', given vide amended and
corrected Trust Deed dated 15-9-2011 which was registered at the office of the
Sub-Registrar Vikas Nagar, Dehradun on 15-9-2011. Therefore, all the properties
registered, under the name of Sri Sri 1008 Narayan Swami Charitable Trust comes
under the ownership of Dr. Jagat Narain Subharti Charitable Trust; (s)
"University", means the Ras Bihari Bose Subharti
University, Uttarakhand established under this Act by the Trust. (1)
There shall be established at Dehradun in Uttarakhand, a
University by the Trust, in the name of Ras Bihari Bose Subharti University,
Uttarakhand. (2)
The University shall be a Body Corporate. The sponsoring body, the
Trust shall, for the purposes of establishing the University under this Act,
fulfill/have already fulfilled the following conditions, namely-- (a)
The Trust already possesses more than 10 acres contiguous land; (b)
The Trust has already constructed on land referred to in clause
(a), buildings of more than 20,000 sq. meter carpet area; (c)
The Trust has already installed equipments and furniture, in
offices and laboratories worth more than Rs. thirty lacs in the building
referred to in clause (b); (d)
The Trust has already installed computers, common networking and
purchased books worth more than Rs. 75 lacs; (e)
The Trust has already purchased books of more than Rs. Twenty-five
lacs; (f)
The net worth of the trustees is more than 30 crores; (g)
The Trust has already invested a sum of Rs. 58 crores in the
development of the infrastructure of the University; (h)
The Trust has given an affidavit to follow the policy of
reservation of the State Government, giving 25% reservation in admissions to
the permanent residents of Uttarakhand and giving 25% rebate in the fee to the
permanent residents of Uttarakhand and to appoint all the employees of group
"C" and "D" from the permanent Residents of Uttarakhand; (i)
The Trust has given an affidavit that it shall follow such other directions
issued by the State Government from time to time;# (j)
The Trust has given commitment to start Post Graduate courses at
least in five disciplines; (k)
The Trust has given an affidavit that it shall follow the Acts,
rules, regulations, orders, issued by the U.G.C., Statutory Bodies, Central and
the State Government. (1)
The University shall start operation only after the State
Government issues to the Trust 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 Trust 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 by providing
instructional, research and extension of 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 and learning and integral development of personality; (b)
Studies in various disciplines; (c)
Inter-disciplinary studies; (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; (b)
to impart and promote the study of Science, Technology, Medicine,
Dentistry, Management, Law and other professional courses and also history,
culture, philosophy, art, etc. through in-campus centers or by conducting
distant educational programs with prior permissions of the University Grant
Commission as well as State Government within the territory of the State; (c)
to honor 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 to, and 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 including correspondence and such other
courses to such persons, who are not members of the University after obtaining
permissions from the relevant bodies wherever required; (g)
to institute Directorships, Principal ships, Professorships,
Associate Professorships/Readerships, Assistant Professorships/Lectureships and
other teaching or academic posts required by the University and to make
appointments for 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 cooperate, collaborate or associate with any other University
or Authority or Institution in such manner and for such purpose as the
University may determine; (k)
to establish and maintain schools, centers, spcialised
laboratories of other unit 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, maintain and supervise residence/hostels for
students of University and promote their health and general welfare activities; (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 declare 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 determine the fee for different course, demand and receive
payment of fees and other charges; (r)
to make special arrangements in respect of women students as the
University may consider desirable; (s)
to regulate and enforce discipline amongst the employees and
students of the University and take such disciplinary measures in this regard
as may be deemed necessary by the University; (t)
to make arrangements for promoting the health and general welfare
of the employees of the University; (u)
to receive donations and to acquire, hold, manage and dispose of
any property, movable or immovable for the welfare of the University; (v)
to borrow by way of hypothecation or mortgage against the property
of University with prior approval of the Trust; (w)
to appoint, either on contract or otherwise, visiting professors,
emeritus professor, consultants, fellows, scholars, artists, course writers,
and such other persons who may contribute to the advancement of the objects of
the University; (x)
to do all such other acts and things as may be necessary,
incidental of conducive to the attainment of all of any of the objects of the
University and which may be permitted by the Executive Council of the
University. (1)
Admission to the different academic programs shall be made in
accordance with the laws for the time being in force/as decided by the
Executive Council of the University. (2)
The University shall ensure that the academic standards of the
courses offered by the University are in accordance with the guidelines of the
University Grants Commission/MCI/DCI/AICTE/INC and or other statutory bodies,
etc. as the case may be; (3)
The teacher-student ratio shall be in accordance with the
guidelines of the University Grants Commission or specific Council. 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 therein or to graduate thereat. Trust will follow the
policy of reservation of the State Government, will give 25% reservation in
admissions to the permanent residents of Uttarakhand and give 25% rebate in the
fee to the permanent residents of Uttarakhand and appoint all the employees of
group "C" and "D" who are the permanent Residents of
Uttarakhand. The following shall be the
other officers of the University-- (a)
Visitor; (b)
Chancellor; (c)
Vice-Chancellor; (d)
Pro Vice-Chancellor; (e)
Principal or Head of the Institution; (f)
Registrar; (g)
Dean of Faculty; (h)
Dean of student's Welfare; (i)
Controller of Examination; (j)
Chief Proctor; (k)
Finance Officer; and (l)
Such other officer as may be declared by the Statutes to be
officers of the University. (1)
The Governor of Uttarakhand will be Visitor of the University. (2)
The Visitor shall, when present, will preside over the Convocation
of the University held for conferring degrees. (3)
The Visitor shall have the following powers, namely? (a)
to call for any paper or information in relation to the affairs of
the University; (b)
on the basis of the information received by the Visitor, if he is
satisfied that any decision taken by any authority of the University is not in
conformity with the Act, Statutes or Rules, he may issue such directions as he
may deem fit for the reconsideration of such decision by the Chancellor of the
University, in the interest of the University and the directions so issued
shall be complied with by the Chancellor. (4)
Every proposal for the conferment of an honorary or degree or
distinction shall be subject to the approval of the Visitor. (1)
A person of eminence shall be appointed by Board of Trustees of
the Trust as Chancellor for a period of three years. (2)
The Chancellor may in writing under his hand addressed to the
Trust, resign his office. (3)
The Chancellor shall, by virtue of his office, be the Head of the
University and shall constitute interim Executive Council. (4)
The Chancellor shall, if Visitor is not present, preside at the Convocation
of the University held for conferring degrees. (1)
The Vice-Chancellor shall be appointed on such terms and
conditions as may be prescribed by the statutes for a term of two years by the
Board of Governor from persons recommended by the Committee Constituted in
accordance with the provisions of sub-section (2). (2)
The Committee referred to in sub-section (1) shall consist of the
following persons, namely? (a)
Chancellor; (b)
The Principal Secretary/Secretary to the State Government in the
Higher Education Department; (c)
Three nominees of the Board of Governors; (d)
One person nominated by Promoting Society, who shall be the
convener of the committee. (3)
The Chancellor after due approval from the Board of Governors is empowered
to remove the Vice-Chancellor after due enquiry. It will be open to the
Chancellor to suspend the Vice-Chancellor during enquiry depending upon the
seriousness of the charges, as he may deem fit. (4)
The Vice-Chancellor shall be the principal executive and academic
officer of the University and shall be the Chairman of the Executive Council
and the Academic Council 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. (5)
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 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, may prefer an appeal to
the Chancellor within one month from the date of communication of the order.
The Chancellor may confirm, modify or reverse action taken by the
Vice-Chancellor. (6) The
Vice-Chancellor shall exercise such powers and perform such other functions as
may be prescribed. (1)
The Pro Vice-Chancellor shall be appointed by the Vice-Chancellor
for a period of one year at a time as prescribed and shall exercise such powers
and performs 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 by the Vice-Chancellor. Principal or Head of
Institution shall be appointed in such manner and shall exercise such powers
and perform such functions as may be prescribed. They will be responsible for
maintaining the discipline in the University and the overall achievements of
the objects of the Institution/College. (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 function as may be
prescribed. (3)
The Registrar shall be the ex-officio Secretary of the Executive
Council and the Academic Council. Every Dean shall be appointed
in such manner and shall exercise such powers and perform such functions as may
be prescribed. (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 Finance
Committee. The manner of appointment
and powers and duties of the other officers of the University shall be such as
may be prescribed. he following shall be the
authorities of the University-- (a)
Court; (b)
Executive Council; (c)
Academic Council; (d)
Finance Committee; (e)
Planning Board; (f)
?Boards of Faculties; (g)
Admissions Committee; (h)
Examinations Committee; (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 of its
members shall be such as may be prescribed. (2)
Subject to the provisions of this Act the Court shall have the
following powers and functions, namely? (a)
to review from time to time, the broad policies and programmes of
the University and suggest measures for the working, improvement and
development of the University; (b)
to consider and pass resolutions on the Annual Report and the
Annual Accounts of the University and Audit Report of such accounts; (c)
to nominate members for various councils or Government,
semi-government or private bodies, where such a member is required to be sent
& represent the University for the specific period as may prescribed; (d)
to perform such other functions as may be prescribed. (1)
The Executive Council shall be the principal executive body of the
University. (2)
First Executive Council shall be constituted by the Trust for
three months. After that period constitution of the Executive Council, the term
of office of its members and its powers and duties 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 the Statutes and the Acts,
coordinate 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 duties 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. (1)
The Planning Board shall be the principal planning body of the
University. The Board shall ensure that the infrastructure and academic support
system meets the norms of the University Grants Commission or the respective
councils. (2)
The constitution of the Planning Board, term of office of its
members and its other powers and duties shall be such as may be prescribed. The constitution, powers
and functions of the Boards of faculties the Admission Committee, the
Examination Committee and of such other authorities of University which may be declared
by the statues to be the authorities of the University, shall be such as may be
prescribed. (1)
The first Statutes made by the Executive Council shall submitted
to the State Government for its approval, which may, within three months from
the date of receipt of the statutes give its approval with or without
modification. (2)
Where the State Government fails to make any decision with respect
to the approval of the Statutes within the period of specified under sub-section
(1) it shall be deemed to have been approved by the State Government. (3)
Subject to the provisions of this Act the Statues may provide for
all or any of the following matters, namely? (a)
the constitution, powers and functions of the authorities and
other bodies of the University, as may be constituted from time to time; (b)
the appointment and continuance in office of the members of the
said authorities, filling of vacancies of 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 to the Executive Council 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 among the students; (n)
the establishment and abolition of Departments, Centres and other
constituted Institutions/Colleges, etc.; (o)
to approve the fee fixed by the finance committee for different
courses; (p)
to allow the number of admissions in a particular course and
decide the mode of admission. It will direct the Admission Committee to hold
competitive examinations wherever required as per law and regulations of the
statutory bodies for determining the merit of the students for the admission in
a particular course; (q)
?to delegate powers in the
authorities or officers of the University for the smooth functioning of the
University and to withdraw them if required; and (r)
?all other matters, which
may be prescribed. (4)
The Executive Council shall not make, amend or repeal any Statute
affecting the 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. (5)
Notwithstanding anything contained in the foregoing sub-sections
the Chancellor may direct the University to make provisions in the Statutes, in
respect of any matter specified by him and if the Executive Council is unable
to implement such a direction within ninety days of its receipt, the Chancellor
may, after considering the reasons, if any, communicated by 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 provision of
the Act and the Statutes, the Acts shall be made by the Executive Council.
Approval of the Chancellor will be obtained within one month of its
implementation or passing by the Executive Committee. In case any Act has been
implemented but the Chancellor does not give his approval, the same shall be
withdrawn immediately. Acts can be made for the following issues, 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 instruction and examination; (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, diplomas 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 the students of the University; (i)
the special arrangements, if any, which may be made for the
residence, discipline and teaching of women students and 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 Centre of Studies, Boards of Studies, Interdisciplinary
Studies, Special Centres, Specialised Laboratories and other Committees; (l)
the manner of cooperation and collaboration with other
Universities and authorities including learned bodies or associations; (m)
the creation, composition and functions of any other body which is
considered necessary, for improving the academic mileage of the University; (n)
the remuneration to be paid to the examiners, moderators,
invigilators and tabulators; (o)
such other terms and conditions of service of teachers and other
academic staff as are not prescribed by the Statutes. (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 the report 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 Accountant of repute. (2)
A copy of the annual accounts, together with the audit report
thereon shall be submitted to the Court and the Chancellor along with the
observations of the Executive Council. (3)
Any observations made by the Chancellor or the Court on the annual
accounts shall be brought to the notice of the Executive Council and the
observations, if any, shall after being reviewed by the Executive Council, be
submitted to the Court/Chancellor. (1)
Every employee of the University shall be appointed/engaged as per
provisions of the Statutes. (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 an opportunity of being heard 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)
Any dispute in respect of any employee engaged temporarily or on
ad hoc or part time or casual basis shall be heard and decided by the
Vice-Chancellor. (5)
Appeal against the decision of the Vice-Chancellor can be made to
the Chancellor. The decision of the Chancellor shall be final and no suit shall
lie in any court in respect of the matters decided by the 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 Examination 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 by him in writing appeal to the Vice-Chancellor who may confirm,
modify or reverse the decision to the aforesaid authorities or the concerned
Committee, as the case may be. (2)
Any decision taken by the Vice-Chancellor shall be final. (3)
The Vice-Chancellor can modify the procedure and system of appeal
in view of the directions issued by the Central Government, State Government,
U.G.C. from time to time or suo moto. The University may
constitute for the benefit of its employees such welfare scheme or Provident
Fund or provide such insurance schemes as it may deem fit in such manner and
subject to such conditions as may be decided by the Executive Council. If any question arises as
to whether any person has been duly 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 thereupon shall be final. Where any authority of the
University is given power under this Act or the Statutes to appoint Committees,
such Committees have 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) of any authority or other body of the
University shall be filled for the period as per provision in the relevant section,
as soon as may be convenient by the person or the body, who appointed,
nominated or co-opted the member whose place has become 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 other body 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, proceeding, resolution of any authority or Committee of the University
or other documents in possession of the University, if certified by the
Registrar, shall be received as prima-facie evidence of such receipt,
application, notice, order, proceeding or resolution, documents or the
existence of entry in the register and shall be admitted as evidence of the
matters and transaction therein where the original, if produced have been
admissible in evidence. (1)
Every Statute or Acts made under this Act shall be made available
in writing. (2)
Each new Statute or Acts made under this Act shall be enforced as
soon as it is made by the competent authority. (1)
The Trust shall create a permanent endowment fund of at least
rupees five crores in the form of a Fixed Deposit of a Nationalised Bank
pledged in the name of the State Government. (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 Trust; and (d)
all contributions made in this behalf by any other 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
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 Trust; (d)
all contributions made in this behalf by any other person or body
which are not prohibited by any law for the time being inforce; 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 41, 42 and 43 shall be subject to general supervisions and control of
the Court and 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 programs shall be decided by the finance committee in
accordance with laws 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 informations or records relating to the
administration or finances 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 Acts, made there
under, may issue such directions to the University under Section 51 as it may
deem necessary. (1)
If the University 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 information referred to in sub-section (1) the State
Government shall make such arrangement 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 for administration of the University during the
taking over the liabilities of the University under Section 48 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 University is
not functioning in accordance with the provisions of this Act, it shall require
the University to show cause, within such time, which shall not be less than
six months, referring a copy of the complaint as to why the University should
not be derecognised. (2)
If, upon receipt of the reply of the University to the notice
given under sub-section (1), the State Government is satisfied that a prima
facie case of violation of the provisions of this Act in the functioning of the
University, is made out, it shall order such enquiry as it deems necessary. (3)
For the purposes of an inquiry under sub-section (2), the State
Government shall, by notification, appoint an officer or authority as the
enquiring authority to enquire into the allegation of violation of the
provisions of this Act. (4)
Every enquiring authority appointed under sub-section (3) shall
while performing its functions under this Act, shall 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; (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
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 Act continuously
for three times, State Government may derecognise the University with prior
approval of University Grant 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 me requisite expenditure of the University, the Statues
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 University on policy matters not
inconsistent with 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 will belong to the proposed Trust in case of
dissolution of the University under any clause mentioned herein above in the
Act.
Preamble - RAS BIHARI BOSE SUBHARTI UNIVERSITY ACT, 2016PREAMBLE