[Act No. 08 of 2002] An Act to provide for the establishment of a
Medical University by the name of [1][King
George's Medical University, Uttar Pradesh] by transfer of the King George's
Medical College and the Gandhi Memorial and Associated Hospitals from the
University of Lucknow to the said Medical University and for matters connected
therewith. It
is hereby enacted in the Fifty-third Year of the Republic of India as follows:- (1)
This Act may be called the [2][King
George's Medical University, Uttar Pradesh] Act, 2002. (2)
It shall come into force on such date[3] as
the State Government may, by notification, appoint in this behalf. In
this Act- (1)
'Academic Council', 'Court' and
'Executive Council' mean respectively the Academic Council, the Court and the
Executive Council of the University; (2)
'appointed date' means the date
notified by the State Government under sub-section (2) of section 1; (3)
'dentistry' and 'medicine' shall have
the meanings assigned to them in the Dentists Act, 1948 and [4][the
Indian Medicine Act, 1956] respectively; (4)
'faculty' means a faculty of the
University; (5)
'Gandhi Memorial and Associated
Hospitals' means the Gandhi Memorial Hospitals, the Queen Mary's Hospitals, the
Kasturba Clinic and Hospitals (Tuberculosis), the Children Hospitals, the
hospitals attached to the Faculty of Dental Sciences, the Leprosy Hospitals and
Blood Bank, the Rehabilitation and Artificial Limb Centre and includes all
hospitals, dispensaries and laboratories which are attached to or adjuncts of
any of the aforementioned hospitals and the blood bank; (6)
'hostel' means a unit of residence for
students, maintained or recognized by the University; (7)
'institutions' means the King George's
Medical College and the Gandhi Memorial and Associated Hospitals; (8)
'King George's Medical College'
includes all dispensaries; lecture rooms, museums, laboratories, libraries,
hostels and boarding houses used in connection with, or as accessories to, or
adjuncts of the said College including the Dental Faculty thereof; (9)
'prescribed' means prescribed by the
Statutes; (10)
'registered graduate' means a graduate
of the University registered in accordance with the Statutes and includes a
graduate who has acquired any medical degree as a student of the King George's
Medical College before the appointed date; (11)
'Statutes', 'Ordinances' and
'Regulations' means respectively the Statutes, Ordinances and Regulations of
the University; (12)
'teacher' means a teacher employed by
the University for imparting [5][instruction
or guiding or conducting research] in the University; (13)
'University' means the [6][King
George's Medical University, Uttar Pradesh] established under this Act. The
Chancellor, the Vice-Chancellor, and the members of the Executive Council, the
Court and the Academic Council for the time being holding office as such in the
University shall constitute a body corporate by the name of [7][King
George's Medical University, Uttar Pradesh]. On
and from the appointed date- (a)
the control and management of the
institutions which were transferred by executive order with effect from March
1, 1921 from the State Government to the Lucknow University, together with the
control and management of all properties and assets pertaining thereto which
were in existence at the time of the said transfer, together with any
accretions and accessories thereto shall stand transferred from Lucknow
University and vest in the University; (b)
all properties and assets pertaining
to the said institutions, whether acquired or created out of grants from the
State Government or otherwise, including any cash balances held by the Lucknow
University in the names of the institutions or on their account, whether in
deposit, with any bank or otherwise, shall stand transferred from the Lucknow
University to and vest in, the University; (c)
subject to the provisions of section
5, all rights, powers and privileges, duties, debts, liabilities and
obligations of the Lucknow University, contractual or otherwise, arising or
accrued or incurred in relation to the affairs of any of the institutions shall
stand transferred to the University; (d)
any doubt or difference in regard to
whether any asset or liability stands transferred under the foregoing clauses
shall be referred to the State Government, whose decision thereon shall be
final; (e)
all references in any will, deed or
other documents, whether made or executed before or after the appointed date,
which contains any bequest, gift, endowment or trust in favour of the Lucknow
University for the purposes of any of the institutions, shall be construed as
if the [8][King
George's Medical University, Uttar Pradesh] was therein named instead of the
Lucknow University. The
properties, assets and rights transferred to the University by virtue of
section 4, shall continue to be utilized for the purposes for which they were
being utilised or were intended to be utilized immediately before the appointed
date. Notwithstanding
anything contained in the Uttar Pradesh State Universities Act, 1973 and the
statutes made thereunder,- (a)
the King George's Medical College
shall with effect from the appointed date cease to be a constituent college of
the Lucknow University and shall stand upgraded and be transferred to the
University; and (b)
any student of the King George's
Medical College who immediately prior to the appointed date was studying for
any examinations of the Lucknow University shall continue his studies as a
student of the University and be permitted to complete his courses in
preparation therefor and be admitted to the examinations of the University. (1)
The person holding office as Principal
of the King George's Medical College immediately before the appointed date
shall on abolition of the post of Principal with effect from that date, stand
appointed as Vice Chancellor until a regular appointment is made to the post by
the Chancellor in accordance with this Act. (2)
[9][The Chief Superintendent of Hospitals] may be appointed by
the Vice Chancellor from among professors of the University. (3)
The senior-most professor of the
University, excluding the Dental Faculty, shall be the Dean of the Medical
Faculty and shall hold office for a period of three years, and the post shall
thereafter be rotated in accordance with seniority. (4)
The person holding office as Dean of
the Dental Faculty immediately before the appointed date, shall continue to
hold office until the expiry of his term in accordance with the Uttar Pradesh
State Universities Act, 1973, and thereafter, the office shall rotate in order
of seniority every three years. Until
the constitution of the new Executive Council for the University in accordance
with the provisions of this Act, an interim Executive Council consisting of the
following members, shall discharge the duties of the Executive Council:- (a)
The Vice Chancellor, who shall be the
Chairman thereof; [10][(b) The Pro-Vice-Chancellor, if any;] (c) The Deans of
Faculties; (d) two senior most
Professors of the University (other than Deans); (e) the Senior
Judge, Lucknow Bench of the High Court or another Judge of that Bench deputed
by him for any meeting; (f) the Director
General, Medial Education, Uttar Pradesh; (g) the Principal
of a State Medical College, nominated by the Chancellor; (h) the Director,
Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow; (i) the Director,
All India Institute of Medical Sciences, New Delhi, or a Professor of that
Institute deputed by him to attend any meeting; (j) two retired
Principals and two retired Professors of King George's Medical College as it
stood before the appointed date, nominated by the Chancellor; (k) one eminent
person of national or international repute from the medical profession
nominated by the Chancellor. Every
teacher or other servant of the Lucknow University duly appointed in connection
with the affairs of the institutions and serving the institutions as such
immediately before the appointed date shall, unless within ninety days from the
appointed date he gives notice in writing to the University of his intention
not to become an employee of the University, become teacher or other servant of
the University and shall hold his office by the same tenure and upon the same
terms and conditions and with the same rights as to retirement benefits or
other matters as he would have held under the Lucknow University if this Act had
not been passed and shall continue to do so until his employment under the
University is duly terminated or until those terms and conditions are duly
altered in accordance with this Act or statutes made thereunder. The
objects of the University shall be:- [11][(a) to disseminate and advance knowledge in medicine,
dentistry, nursing, para-medical and such other disciplines as may be
prescribed from time to time and to ensure efficient and systematic
instructions, teaching, training and research therein;] (b) to provide for
a multipurpose super-speciality hospital and trauma centre by upgrading the
existing institutions and to establish them as a centre of excellence; (c) to treat
patients in its hospitals; (d) to develop a
nursing training centre; (e) to administer,
manage and control the hospitals, including the Rehabilition and Artificial
Limb Centre, pathological laboratories, diagnostic centres and blood banks; (f) to establish a
tele-medicine departments; (g) to develop a
reproductive and population control research institute; (h) to develop a
genetics departments; (i) to develop an
environment and pollution control institute; (j) to develop
transfusion medicine; (k) to develop a
nutrition research centre; (l) to develop
gene-therapy, molecular biology, robotic surgery, bio informatics, organs
transplantation, biotechnology, immunology and clinical epidemiology and other
state-of-the-art facilities in medicine and dentistry; and (m) to establish a
centre for imparting training to teachers. The
University shall have the following powers and duties, namely:- [12][(i) to institute teaching and training in such branches of
medicine, dentistry, nursing, para-medical and other disciplines as the
University may think fit, and to make provisions for research and for the
advancement and dissemination of knowledge in those branches;] (ii) to institute
and award degrees, diplomas, certificates and other academic distinctions; (iii) to admit
students to the various courses of study of the University and to conduct examinations or tests and lay down
conditions in respect thereof; (iv) to hold
examinations for, and to grant and confer degrees, diplomas and other academic
distinctions to, and, on persons, who- (a)
have pursued a course of study in the
University, or (b)
have carried on research in the
University; (v) to confer
honorary degrees or other academic distinctions in the manner and under conditions
laid down in the Statutes; (vi) to grant such
diplomas to, and to provide such lectures and instructions for persons, not
being students of the University, as the University may determine; (vii) to co-operate
or collaborate with other Universities and authorities in such manner, and for
such purposes, as the University may determine; (viii) to institute and award scholarships, fellowships
(including travelling fellowship), studentships, stipend, medals and prizes in
accordance with the Statutes and Ordinances; (ix) to recognize
for the purposes of admission to a course of study for a degree or diploma, as
equivalent to its own degree any degree or diploma 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 university or authority; (x) to establish, maintain and administer
institutes of research, hospitals. laboratories, libraries or other things
necessary to carry out the objects of the University; (xi) to establish,
maintain and administer hostels and to recognize places of residence for
students of the University; (xii) to fix and
collect fees and other charges in accordance with the Ordinances; (xiii) to supervise and control the residents and to
regulate the discipline of students of the University, the institutes and to
make arrangements for promoting their health; (xiv) to create teaching, administrative, ministerial and
other necessary posts required by the University and to make appointments
thereto; (xv) to undertake publications of works of merit and
research; (xvi) to provide for management and treatment of the
patients in its hospitals; (xvii) to do all such acts and things, whether incidental to
the powers aforesaid or not, as may be required in order to further the objects
of the University; [13][(xviii)
to admit any Government or private Medical or Dental College or any such
institution as is imparting education in Para Medical degree courses to the
privileges of affiliation or recognition in such manner and on such terms and
conditions as may be prescribed, to withdraw or curtail any such privileges and
to guide and control the work of such college or institution.] The
University shall be open to all persons irrespective of race, class, creed or
sex- Provided
that the University may,- (i)
restrict the eligibility of admission
to the courses of study of the University; (ii)
make reservations in favour of the
Scheduled Castes, the Scheduled Tribes, Other Backward Classes, girl students
and other categories in accordance with any law or orders of the State
Government for the time being in force. (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 including its buildings, libraries, laboratories,
workshops and equipment and also of the examinations teaching and all other
works conducted or done by the University or, to cause an inquiry to be made in
the like manner in respect of any matter connected with the administration and
finances of the University. (2)
Where the State Government decides to
cause an inspection or inquiry to be made under sub-section (1), it shall
inform the University of the same through the Registrar, and any person
nominated by the Executive Council may be present at such inspection or inquiry
as representative of the University and he shall have the right to be heard as such: Provided
that no person shall appear, plead or act as legal practitioner on behalf of
the University at such inspection or inquiry. (3)
The person or persons appointed to
inspect or inquire under sub-section (1) shall have all the powers of a civil
court, while trying a suit under the Code of Civil Procedure, 1908, for the
purposes of taking evidence on oath and of enforcing the attendance of
witnesses and compelling production of documents and material objects, and
shall be deemed to be a civil court within the meaning of sections 345 and 346
of the Code of Criminal Procedure, 1973, and the proceedings before him or them
shall be deemed to be judicial proceedings within the meaning of sections 193
and 228 of the Indian Penal Code. (4)
The State Government shall address the
Vice-Chancellor with reference to the result of such inspection or inquiry, and
the Vice-Chancellor shall communicate to the Executive Council the views of the
State Government with such advice as the State Government may offer upon the
action to be taken thereon. (5)
The Vice-Chancellor shall then, within
such time as the State Government may fix, submit to it a report of the action
taken or proposed to be taken by the Executive Council. (6)
If the University authorities do not,
within a reasonable time, take action to the satisfaction of the State
Government, the State Government may, after considering any explanation which
the University authorities may furnish, issue such directions, as it may think
fit, and the University authorities shall be bound to comply with such
directions. (7)
The State Government shall send to the
Chancellor a copy of every report of an inspection or inquiry caused to be made
under sub-section (1) and of every communication received from the
Vice-Chancellor under sub-section (5), and of every direction issued under
sub-section (6), and also of every report or information received in respect of
compliance or non-compliance with such directions. The
following shall be the officers of the University:- (a)
the Chancellor; (b)
the Vice-Chancellor; [14][(c) the Pro-Vice-Chancellor;] (d) the Finance
Officer; (e) the Registrar; (f) the Controller
of examination, if any; (g) the Deans of the Faculties; (h) the Dean of the
Students Welfare; (i) such other
officers as may be declared by the Statutes to be the Officers of the
University. (1)
The Governor shall be the Chancellor
of the University. He shall by virtue of his office be the Head of the
University and the President of the Court and shall when present, preside at
meetings of the Court, and at any convocation of the University. (2)
Every proposal for the conferment of
any honorary degree shall be subject to the confirmation by the Chancellor. (3)
It shall be the duty of the
Vice-Chancellor to furnish such information or records relating to the
administration of the affairs of the University as the Chancellor may call for. (4)
The Chancellor shall have such other
powers as may be conferred on him by or under the Statutes or the Ordinances. (1)
The Vice-Chancellor shall be a
whole-time salaried officer of the University and shall be appointed by the
Chancellor, except as provided by sub-section (5) or subsection (10), from
amongst the persons whose names are submitted to him by the Committee
constituted in accordance with the provisions of sub-section (2). (2)
The Committee referred to in
sub-section (1) shall consist of the following members, namely:- (a)
one person (not being a person
connected with the University or hostel) to be elected by the Executive Council
at least three months before the date on which a vacancy in the office of the
Vice-Chancellor is due to occur by reason of expiry of his term; (b)
one person who is or has been a Judge
of the High Court of Judicature at Allahabad, including the Chief Justice
thereof, nominated by the said Chief Justice; and (c)
one person to be nominated by the
Chancellor who shall also be the convenor of the Committee: Provided
that where the Executive Council fails to elect any person in accordance with
clause (a), then the Chancellor shall nominate in addition to the person
nominated by him under clause (c), one person in lieu of the representative of
the Executive Council. (3)
The Committee, shall as far as may be,
at least sixty days before the date on which a vacancy in the office of the
Vice-Chancellor is due to occur by reason of expiry of term or resignation
under sub-section (7), and also whenever so required and before such date as
may be specified by the Chancellor submit to the Chancellor the names of not
less than three and not more than five persons suitable to hold the office of
the Vice-Chancellor. The Committee shall, while submitting the names, also
forward to the Chancellor a concise statement showing the academic
qualifications and other distinctions of each of the persons so recommended but
shall not indicate any order of preference. (4)
Where the Chancellor does not consider
any one or more of persons recommended by the Committee to be suitable for appointment
as Vice-Chancellor or if one or more of the persons recommended is or are not
available for appointment and the choice of the Chancellor is restricted to
less than three persons, he may require the Committee to submit a list of fresh
names in accordance with sub-section (3). (5)
If the committee in the case referred
to in sub-section (3) or sub-section (4) fails or is unable to suggest any
names within the time specified by the Chancellor, or if the Chancellor does
not consider any one or more of the fresh names recommended by the Committee to
be suitable for appointment as Vice-Chancellor another Committee consisting of
three persons of academic eminence shall be constituted by the Chancellor which
shall submit the names in accordance with sub section (3). (6)
No act or proceeding of the Committee
shall be invalidated merely by reason of the existence of a vacancy or
vacancies among its members or by reason of some person having taken part in
the proceedings who is subsequently found not to have been entitled to do so. [15][(7) (a) Only such person shall be eligible for the
appointment to the office of Vice-Chancellor who has not attained the age of 65
years; (b)
The Vice-Chancellor shall hold office for a term of three years from the date
he enters upon his office or till he attains the age of sixty-eight years,
whichever is earlier; (c)
The Vice-Chancellor, who has not attained the age of 65 years, may be appointed
as such for second term: Provided
that the Vice-Chancellor may by writing under his hand addressed to the
Chancellor resign his office, and shall cease to hold his office on the
acceptance by the Chancellor of such resignation.] (8) Subject to the
provisions of this Act, the emoluments and other conditions of service of the
Vice-Chancellor shall be such as may be determined by the State Government by
general or special order in that behalf. (9) The
Vice-Chancellor shall not be entitled to the benefit of any pension, insurance
or provident fund in respect of his service as Vice-Chancellor. (10) In any of the
following circumstances (of the existence of which the Chancellor shall be the
sole judge), the Chancellor may appoint any suitable person to the office of
Vice-Chancellor for a term not exceeding six months as he may specify- (a)
where a vacancy in the office of
Vice-Chancellor occurs or is likely to occur by reason of leave or any other
cause, not being resignation or expiry of term, of which a report shall
forthwith be made by the Registrar to the Chancellor; (b)
where a vacancy in the office of
Vice-Chancellor occurs and it cannot be conveniently and expeditiously filled
in accordance with the provisions of sub-sections (1) to (5); (c)
any other emergency: Provided
that the Chancellor may, from time to time, extend the term of appointment of
any person to the office of Vice-Chancellor under this sub-section, so however,
that the total term of such appointment (including the term fixed in the
original order) does not exceed one year. [16][(11) Until a Vice-Chancellor appointed under sub-section
(1) or sub-section (5) or sub-section (10) assumes office, the
Pro-Vice-Chancellor, if any, or where there is no Pro-Vice-Chancellor, the
seniormost Professor of the University shall discharge the duties of the
Vice-Chancellor as well.] (12) If in the opinion of the Chancellor, the
Vice-Chancellor willfully omits or refuses to carry out the provisions of this
Act or abuses the powers vested in him, or if it otherwise appears to the
Chancellor that the continuance of the Vice-Chancellor in office is detrimental
to the interest of the University, the Chancellor may, after making such
inquiry as he deems proper, by order, remove the Vice-Chancellor. (13) During the
pendency, or in contemplation, of any inquiry referred to in sub-section (12)
the Chancellor may order that till further orders- (a)
such Vice-Chancellor shall refrain
from performing the functions of the office of Vice-Chancellor, but shall
continue to get the emoluments to which he was otherwise entitled under
sub-section (8); (b)
the functions of the office of the
Vice-Chancellor shall be performed by the person specified in the order. (1)
The Vice-Chancellor shall be the
principal executive and academic officer of the University and shall- (a)
exercise general supervision and
control over the affairs of the University; (b)
give effect to the decisions of the
authorities of the University; (c)
in the absence of the Chancellor,
preside at meetings of the Court and at any convocation of the University; (d)
be responsible for the maintenance of
discipline in the University including the prohibition of any violent or
indecent ragging of fresh students by their seniors; (e)
be responsible for holding and
conducting the University examinations properly and at due times and for ensuring
that the results of such examinations are published expeditiously and that the
academic session of the University starts and ends on proper dates. (2)
He shall be an ex-officio member and
Chairman of the Executive Council, the Academic Council and the Finance
Committee. (3)
He shall have the right to speak in
and otherwise to take part in the meeting of any other authority or body of the
University but shall not by virtue of this sub-section be entitled to vote. (4)
It shall be the duty of the
Vice-Chancellor to ensure the faithful observance of the provisions of this
Act, the Statutes and the Ordinances and he shall, without prejudice to the
power of the Chancellor under sections 15 and 53 possess all such powers as may
be necessary in that behalf. (5)
The Vice-Chancellor shall have the
power to convene or cause to be convened meetings of the Executive Council, the
Court, the Academic Council and the Finance Committee: Provided
that he may delegate this power to any other officer of the University. (6)
Where any matter other than the
appointment of teacher of the University is of urgent nature requiring
immediate action and the same could not be immediately dealt with by any
officer or the authority or other body of the University empowered by or under
this Act to deal with it the Vice-Chancellor may take such action as he may
deem fit and shall forthwith report the action taken by him to the Chancellor
and also to the officer, authority, or other body who or which in the ordinary
course would have dealt with the matter: Provided
that no such action shall be taken by the Vice-Chancellor without the previous
approval of the Chancellor, if it would involve a deviation from the provisions
of the Statutes or the Ordinances: Provided
further that if an officers, authority or other body is of opinion that such
action ought not to have been taken, he or it may refer the matter to the
Chancellor who may either confirm the action taken by the Vice-Chancellor or
annul the same or modify it in such manner, as thinks fit and thereupon, it
shall cease to have effect or, as the case may be, take effect in the modified
form, so however, the such annulment or modification shall be without prejudice
to the validity of anything previously, done by or under the order of the
Vice-Chancellor: Provided
also that any person in the service of University who is aggrieved by the
action taken by the Vice-Chancellor under the sub-section shall have the right
to appeal against such action to the Executive Council within three months from
the date on which decision on such action is communicated to him and thereupon,
the Executive Council may confirm, modify or reverse the action taken by the
Vice Chancellor. (7)
Nothing in sub-section (6) shall be
deemed to empower the Vice Chancellor to incur any expenditure not duly
authorized and provided for in the budget. (8)
Where the exercise of the power by the
Vice-Chancellor under sub-section (6) involves the appointment of an officer
such appointment shall terminate on appointment being made in the prescribed
manner or on the expiration of a period of six months from the date of the
order of the Vice-Chancellor, whichever is earlier. (9)
The Vice-Chancellor shall exercise
such other powers as may be laid down by the Statutes and Ordinances. (1)
The Vice-Chancellor, if he considers
necessary, may appoint a Pro-Vice-Chancellor from amongst the Professors of the
University. (2)
The Pro-Vice-Chancellor appointed
under sub-section (1) shall discharge the duties in addition to his duties as a
Professor. (3)
The Pro-Vice-Chancellor shall hold
office at the pleasure of the Vice-Chancellor. (4)
The Pro-Vice-Chancellor shall get a
special allowance of such amount as may be determined by general or special
orders by the State Government. (5)
The Pro-Vice-Chancellor shall assist
the Vice-Chancellor in respect of such matters as may be specified by the
Vice-Chancellor in this behalf from time to time and shall preside over the
meetings of the University in absence of the Vice- Chancellor and shall exercise
such powers and perform such duties as may be assigned or delegated to him by
the Vice-Chancellor.] [17] (1)
There shall be a Finance Officer for
the University, who shall be appointed by the State Government by a
notification, and his remuneration and allowances shall be paid by the
University. (2)
The Finance Officer shall be
responsible for presenting the budget (annual estimates) and the statement of
account to the Executive Council and also for drawing and disbursing funds on behalf
of the University. (3)
He shall have the right to speak in
and otherwise to take part in the proceedings of the Executive Council but
shall not be entitled to vote. (4)
The Finance Officer shall have duty: (a)
to ensure that no expenditure not
authorized in the budget, is incurred by the University (otherwise than by way
of investment); (b)
to disallow any proposed expenditure
which may contravene the provisions of this Act or the terms of any Statutes or
ordinances; (c)
to ensure that no other financial
irregularity is committed and to take steps to set right any irregularities
pointed out during audit; (d)
to ensure that the property and
investments of the university are duly preserved and managed. (5)
The Finance Officer shall have access
to and may require the production of such records and documents of the
University and the furnishing of such information pertaining to its affairs as
in his opinion may be necessary for the discharge of his duties. (6)
All contracts shall be entered into
and signed by the Finance Officer on behalf of the University. (7)
Other power and functions of the
Finance Officer shall be such as may be prescribed. (1)
The Registrar shall be a whole-time
officer of the University. (2)
The Registrar shall be appointed by
the State Government on such terms and conditions as may be prescribed. (3)
The Registrar shall have the power to
authenticate records on behalf of the University. (4)
The Registrar shall be responsible for
the due custody of the records and the common seal of the University. He shall
be the ex-officio Secretary of the Executive Council and shall be bound to
place before the Executive Council all such information as may be necessary for
the transaction of its business. He shall also perform such other duties as may
be prescribed or required from time to time, by the Executive Council or the
Vice-Chancellor but he shall nor by virtue of this sub section, be entitled to
vote. (5)
The Registrar shall not be offered nor
shall he accept any remuneration for any work in the University save such as
may be provided by the regulations. (1)
The Controller of Examination shall be
a whole-time officer of the University. (2)
The Controller of Examination shall be
appointed by the State Government by notification and his remuneration and
allowances shall be paid by the University. (3)
The Controller of Examination shall be
responsible for the due custody of the records pertaining to his work. He shall
be ex-officio Secretary of the Examination Committee of the University and
shall be bound to place before such committee all such information as may be
necessary for the transaction of its business. He shall also perform such other
duties as may be prescribed by the Regulations or as may be required from time
to time by the Executive Council or the Vice-Chancellor but he shall not by
virtue of this sub-section be entitled to vote. (4)
Subject to the superintendence of the
Vice-Chancellor, the Controller of Examination shall have administrative
control over the employees working under him and have in this regard all the
powers of the Registrar. (5)
Subject to the superintendence of the
Examinations Committee, the Controller of Examination shall conduct the
examinations and make all other arrangements therefore and be responsible for
the due execution of all processes conducted therewith. (6)
The Controller of Examination shall
not be offered not shall he accept any remuneration for any work in the
University except in accordance with an order of the State Government. (7)
Where the Controller of Examination is
for any reason unable to act or the office of Controller of Examination is
vacant, all the duties of the office shall be performed by such person as may
be appointed by the Vice-Chancellor, until the Controller of Examination
resumes his duties or as the case may be, the vacancy is filled. The
powers of Officers of the University other than the Chancellor, the
Vice-Chancellor, [18][the
Pro-Vice-Chancellor,] the Finance Officer, the Registrar and the Controller of
Examinations, if any appointed, shall be such as may be laid down by the
Statutes. The
following shall be the authorities of the University: (a)
the Executive Council; (b)
the Court; (c)
the Academic Council; (d)
the Finance Committee; (e)
the Boards of Faculties; (f)
the Selection Committees for
appointment of teachers of the University; (g)
the Admissions Committee; (h)
the Examination Committee; and (i)
such other authorities as may be
declared by the Statutes to be authorities of the University. (1)
The Executive Council shall consist of
the chairman and other members specified in section 8 besides four persons to
be elected by members of the Court from among such of them as are not enrolled
as student or in service of the University. (2)
The term of the office of the members
of the Executive Council other than ex-officio members shall be such as may be
prescribed. (3)
A person shall be disqualified for
being chosen as and for being a member of the Executive Council if he or his
relative accepts any remuneration for any work in or for the University or any
contract for the supply of goods to or for the execution of any work for the
University: Provided
that nothing in this sub-section shall apply to the acceptance of any
remuneration by a teacher as such for any duties performed in connection with
an examination conducted by the University or for any duties as Superintendent
or warden of a training unit or any hostel or proctor or tutor or any duties of
a similar nature in relation to the University. Explanation:-
In this section 'relative' means the relations [19][defined
in section 2 of the Companies Act, 2013 and prescribed under rule 4 of the
Companies (Specification of Definitions Details) Rules, 2014 as amended from
time to time] and includes the wife's (or husband's) brother, wife's (or
husband's) father, wife's (or husband's) sister, brother's son and brother's
daughter. (1)
The Executive Council shall be the
principal executive body of the university and subject to the provisions of
this Act, have the following powers, namely:-(i) to hold control of the
property and funds of the University; (ii)
to acquire or transfer any movable or immovable property on behalf of the
University; (iii)
to make, amend or repeal Statutes and Ordinances; (iv)
to administer any funds placed at the disposal of the University for specific
purpose; (v)
to prepare the budget of the University; (vi)
to award scholarships, fellowship, bursaries, medals and other rewards in
accordance with the Statutes and Ordinances; (vii)
to appoint officers, teachers and other employees of the University and to
define their duties and the conditions of their service, and to provide for the
filling of temporary casual vacancies in their posts; (viii)
to fix the fees, emoluments and travelling and other allowances of the
examiners; (ix)
to direct the form and the use of the common seal of the University; (x)
to regulate and enforce discipline among members of the teaching administrative
and other staff of University in accordance with the Statutes and the
Ordinances; (xi)
to manage and regulate the finance, accounts, investments, property, business
and all other administrative affairs of the University, and for the purpose
appoint such agents as it may think fit; (xii)
to invest any money belonging to the University (including any income from any
trust or endowed property) in such stock, funds shares or securities as it
shall from time to time think fit or in the purchase of immovable property in
India, with the like power of varying such investment from time to time; (xiii)
to provide the buildings. premises, furniture and apparatus and other means
needed for carrying on the work of the University; (xiv)
to enter into vary, carry out and cancel contracts on behalf of the University; (xv)
to regulate and determine all other matters concerning the University in
accordance with this Act, the Statutes and the Ordinances. (2)
No immovable property of the
University shall except with the prior sanction of the State Government be
transferred (except by way of letting from month to month in the ordinary
course of management) by the Executive Council by way of mortgage, sale,
exchange, gift or otherwise nor shall any money be borrowed or advance taken on
the security thereof except as a condition of receipt of any grant-in-aid of
the University from the State Government or with the previous sanction of the
State Government from any other person. (3)
No expenditure in respect of which
approval of the State Government is required by this Act or the Statutes or
Ordinances shall be incurred except with such approval previously obtained and
no post shall be created in the University except with the prior approval of
the State Government or except in accordance with any general or special order
of the State Government. (4)
The pay and other allowances to
various categories of the employees of the University shall be such as may be
approved by the State Government. (5)
The Executive Council shall not exceed
the limits of recurring and non recurring expenditure to be incurred in each
financial year fixed by the Finance Committee. (6)
The Executive Council shall not take
any action in regard to the number, qualifications and emoluments of teachers
and the fees payable to examiners except after considering the advice of the
Academic Council and the Boards of Faculties concerned. (7)
The Executive Council shall give due
consideration to every resolution of the Court, and take such action thereon as
it shall deem fit report to the court the action taken or as the case may be
the reasons for non-acceptance of the resolution. (8)
The Executive Council may subject to
any conditions laid down in the Statutes delegate such of its powers as it
deems fit to an officer or any other authority of the University or to a
Committee appointed by it. (1)
The Court shall consist of the
following members, namely:- CLASS I- EX OFFICIO MEMBERS (i)
the Chancellor; (ii)
the members of the Executive Council; (iii)
the Finance Officer. CLASS II- LIFE MEMBERS (iv)
Such Indians who have made donations
of not less than two lakhs of rupees to the University; (v)
such non-resident Indians who have
made donations of not less than ten thousand Pounds, Sterling or their
equivalent in other foreign currency to the University. CLASS III- REPRESENTATIVES OF TEACHERS ETC. (vi)
the Deans and all other heads of the
departments of the University; (vii)
two representatives of provosts and
wardens of hostels of the University to be selected by rotation in the manner
prescribed; (viii)
ten teachers to be selected in the manner
prescribed. CLASS IV-REGISTERED GRADUATES (ix)
Fifteen representatives of registered
graduates to be elected by registered graduates of such standing as may be
prescribed from amongst such of them as are not in the service of the
University. CLASS V- REPRESENTATIVES OF STUDENTS (x)
One student from each of the Faculties
who having secured the highest marks in that faculty at the preceding degree
examination of the University is pursuing a course of study for a postgraduates
medical degree in the University. CLASS VI- REPRESENTATIVES OF THE STATE LEGISLATURE (xi)
one member of the Legislative Council
to be elected by it; (xii)
two members of the Legislative
Assembly to be elected by it. (2)
The terms of office of the members of
each class, except classes I, II and V, mentioned in sub-section (1) shall be
three years and the term of the members of the said Class V shall be one year. (1)
The court shall be an advisory body
subject to the provision of this Act. It shall have the following powers and
functions, namely:- (a)
to review from time to time, the broad
policies and programmes of the University and to suggest measures for the
improvement and development of the University; (b)
to consider and pass resolution on the
annual report and the annual accounts of the University and the audit report
thereon; (c)
to advise the Chancellor in respect of
any matter which may be referred to it for advice; and (d)
to perform such other duties and
exercise such other functions may be assigned to it by this Act or the Statues
or by the Chancellor. (1)
The Court shall meet once a year on a
date to be fixed by the Vice-Chancellor and such meeting shall 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
one-fourth of the total membership of the Court, convene a special meeting of
the Court. (1)
The Academic Council shall be the
principal academic body of the University and, subject to the provisions of
this Act, the Statutes and the Ordinances:- (a)
shall have the control and general
regulation of, and be responsible for the maintenance of standards of
instruction, education and research carried on or imparted in the University; (b)
may advise the Executive Council on
all academic matters including matters relating to examinations conducted by
the University; and (c)
shall have such powers and duties as
may be conferred or imposed upon it by the Statutes. (2)
The Academic Council shall consist of
the following members, namely:-
(i)
the Vice-Chancellor; [20][(ii) the Deans of the Faculties;] (iii) all other
heads of departments of the University; (iv) all professors
of the University who are not head of departments; (v) two retired
principals of the King George's Medical College or State Medical Colleges to be
selected in the manner prescribed; (vi) five teachers
to be selected in the manner prescribed; (vii) the Dean of
Students Welfare; (viii) the Librarian
of the University; and (ix) five persons of the academic eminence to be co-opted
in the manner prescribed. (1)
The Finance Committee shall consist
of:- (a)
the Vice-Chancellor; (b)
the Principal Secretary to the State
Government in the Medical Education Department; (c)
the Principal Secretary to the State
Government in the Finance Department; [21][(d) the Pro-Vice-Chancellor, if any;] (e) the Registrar; (f) the Controller
of Examinations; (g) the Finance
Officer who shall also be the Secretary of the Committee. (2)
A member referred to clause (b) or
clause (c) of sub-section (1) may, instead of attending any meeting of the
Finance Committee himself, depute an officer not below the rank of a
Joint-Secretary to the State Government, and an officer so deputed shall also
have the right to vote. (3)
The Finance Committee shall advise the
Executive Council on matters relating to the administration of property and funds
of the University. It shall, having regard to the income and resource of the
University, fix limits for the total recurring and non-recurring expenditure
for the ensuing financial year and may, for any special reasons, revise during
the financial year the limits of expenditure so fixed and the limits fixed
shall be binding on the Executive Council. (4)
The Finance Committee shall have such
other powers and duties as may be conferred or imposed on it by this Act or the
Statutes. [22][(1) The University shall have faculties of medical,
dentistry, nursing, para-medical and such other faculties as may be
prescribed.] (2) Each Faculty
shall comprise such departments of teaching as may be prescribed and each
department shall have such subjects of study as may be assigned to it by the
Ordinances. (3) There shall be
a Board of each Faculty, the constitution (including the term of office of its members) and powers and duties
of which shall be such as may be prescribed. (4) There shall be
a Dean of each Faculty who shall be chosen from amongst the professors by
rotation in order of seniority and shall hold office for three years. (5) The Dean shall
be the Chairman of the Board of Faculty be responsible for:- (a)
the organization and conduct of the
teaching and research work of departments comprised in the Faculty; and (b)
the due observance of the Statutes,
Ordinances and Regulations relating to the Faculty. (6) In each
department of teaching in the University, there shall be a head of department
whose appointment shall be regulated by Statutes: Provided
that every person holding the office of head of department immediately before
the date of commencement of this sub-section shall, subject to the provision of
this Act and Statutes, continue to hold office on the same terms and conditions
as he held immediately before the said date. (7) The head of
department shall be responsible to the dean for the organization of teaching in
the department and have such other powers and duties as may be provided in the
Ordinances. (8) There shall be
constituted in accordance with the provisions of the Ordinances, Boards of
Studies in respect of different subjects of study and more than one subject may
be assigned to one Board of Studies. (1)
There shall be an Admissions Committee
of the University, the constitution of which shall be such as may be provided
for in the Ordinances. (2)
The Admissions Committee shall have
the power to appoint such number of sub-committees as it thinks fit. (3)
Subject to the superintendence of the
Academic Council and to the provisions of sub-section (5), the Admissions
Committee shall lay down the principles or norms governing the policy of
admission for various courses of studies in the University. (4)
Subject to the provisions of
sub-section (5) the Committee may issue any direction as respects criteria or
methods of admissions including the number of students to be admitted. (5)
Notwithstanding anything contained in
any other provision of this Act, reservation of seats for admission in any
course of study in the University, for the students belonging to the Scheduled
Castes, Scheduled Tribes and other backward classes of citizens may be made and
regulated by such law or orders as the State Government may, by notification,
make in that behalf. (6)
Notwithstanding anything contained in
the foregoing subsections, admissions to the under-graduate and postgraduate
classes shall, subject to any orders of the State Government, continue to be
governed by the provision applicable to the King George's Medical College
immediately before the appointed date. (7)
No student admitted to the University
in contravention of the provisions of this section shall be permitted to take
up any examination conducted by the University, and the Vice-Chancellor shall
have the power to cancel any admission made in such contravention. (1)
There shall be an Examination
Committee in the University, the constitution of which shall be as may be
provided for in the Ordinances. (2)
The Committee shall supervise
generally all the examinations of the University, including moderation and
tabulation, and perform the following other functions, namely:- (a)
to appoint examiners and moderators
and, if necessary, to remove them; (b)
to review from time to time the result
of University examinations and submission of reports thereon to the Academic
Council; (c)
to make recommendations to the
academic council for the improvement of the examination system; (d)
to scrutinize the list of examiners proposed
by the Board of Studies, finalize the same and declare the results of the
University. (3)
The Examination Committee may appoint
such number of sub-committees as it thinks fit, and in particular may delegate
to any one or more persons or sub committees the power to deal with and decide
cases relating to the use of unfair means by the examinees. (4)
Notwithstanding anything contained in
this Act, it shall be lawful for an Examinations Committee or, as the case may
be, for a sub-committee or any person to whom the Examinations Committee has
delegated its power in this behalf under sub-section (3), to debar an examinee
from future examinations of the University, if in its or his opinion, such
examinee is guilty of using unfair means at any such examination. The
constitution, powers and duties of other authorities of the University shall be
such as may be prescribed. (1)
Subject to the provisions of this Act,
the teachers shall be appointed by the Executive Council on the recommendation
of a Selection Committee in the manner hereinafter provided. The selection
committee shall meet as often as necessary. (2)
The appointment of every such teacher
not being an appointment under sub-section (3) shall in the first instance be
on probation for one year which may be extended by the Executive Council for a
period not exceeding one year: Provided
that no order of termination of service during or on the expiry of the period
of probation shall be passed in the case of a teacher of the University, except
by the order of the Executive Council made after considering the report of the
Vice-Chancellor and (unless the teacher is himself the head of the department),
the head of the department concerned: Provided
further that no such order of termination shall be passed except after notice
to the teacher concerned giving him an opportunity of explanation in respect of
the grounds on which his services are proposed to be terminated: Provided
also that if a notice is given before the expiry of the period of probation or
the extended period of probation, as the case may be, the period of probation
shall stand extended until the final order of the Executive Council under the
first proviso. (3)
(a) In the case of a teacher of the University
other than a Professor, the Vice-Chancellor in consultation with the Dean of
the Faculty and the head of the department concerned and an expert nominated by
the Chancellor in that behalf may make officiating appointment in a vacancy
caused by the grant of leave to an incumbent for a period not exceeding ten
months without reference to the selection Committee, but shall not fill any
other vacancy or post likely to last for more than six months without such
reference. (b)
Where before or after the commencement of this Act, any teacher is appointed
(after reference to a Selection Committee) to a temporary post likely to last
for more than six months, and such post is subsequently converted into a
permanent post or to a permanent post in a vacancy caused by the grant of leave
to an incumbent for a period exceeding ten months and such post subsequently
becomes permanently vacant or any post of same cadre and grade is newly created
or falls vacant in the same department, then unless the Executive Council decides
to terminate his services after giving an opportunity to show cause, it may
appoint such teacher in a substantive capacity to that post without reference
to a Selection Committee: Provided
that this clause shall not apply unless the teacher concerned holds the
prescribed qualifications for the post at the time of such substantive
appointment, and he has served continuously, for a period of not less than one
year after his appointment made after reference to a selection committee: Provided
further that appointment in a substantive capacity under this clause of a
teacher who had served, before such appointment, continuously for a period of
less than two years, shall be on probation for one year which may be extended
for a period not exceeding one year, and the provisions of sub-section (2)
shall apply accordingly. (4)
The
Selection Committee for the appointment of a teacher shall consist of-
(i)
The Vice-Chancellor who shall be the
Chairman thereof;
(ii)
The Head of the Department concerned: Provided
that the Head of the Department shall not sit in the Selection Committee, when
he is himself a candidate for appointment or when the post concerned is of a
higher rank than his substantive post and in that event his office shall be
filled by the senior most Professor in the Department and if there is no
Professor, by the Dean of the Faculty: Provided
further that where the Chancellor is satisfied that in the special
circumstances of the case, a Selection Committee cannot be constituted in
accordance with the preceding proviso, he may direct the constitution of the
Selection Committee in such manner as he thinks fit.
(iii)
In the case of a [23][Professor
or an Additional Professor or an Associate Professor], three experts, and in
any other case, two experts to be nominated by the Chancellor; (5)
(a) A panel of six or more experts in
each subject of study shall be drawn up by the Chancellor after consulting the
corresponding Faculty in Indian Universities or such academic bodies or
research institutions in or outside Uttar Pradesh as the Chancellor may
consider necessary. Every expert to be nominated by the Chancellor under
sub-section (4) shall be a person whose name is borne on such panel. (b)
A panel referred to in clause (a) shall be revised after every three years. Explanation
I- For the purposes of this sub-section, a branch of subject in which a
separate course of study is prescribed for a postgraduate degree shall be
deemed to be a separate subject of study. Explanation
II- Where the post of teacher to be selected is common to more than one subject
of study, the expert may belong to either of such subjects of study. (c)
The Chancellor may intimate in a specified order, a larger number of names of
experts than required under sub-section (4) for serving as his nominees on the
Selection Committee. In such case, on any person whose name appears higher in
the specified order not being available for a meeting of the Selection
Committee, a person whose name appears nearest lower in the specified order
shall be requested to serve on the Committee. (6)
No recommendation made by a Selection
Committee referred to in sub section (4) shall be considered to be valid unless
one of the experts has agreed to such selection. (7)
Subject to the provisions of
sub-section (6), the majority of the total membership of any Selection
Committee shall form the quorum of such Committee: Provided
that in the case of a 1[Professor or an Additional Professor or
an Associate Professor] the persons present to form the quorum must include at
least two experts. (8)
It shall be open to the Selection
Committee to recommend one or more but not more than three names for each post. (9)
In the case of appointment of a
teacher, if the Executive Council does not agree with the recommendation made
by the Selection Committee, the Executive Council shall refer the matter to the
Chancellor along with the reasons of such disagreement and his decision shall
be final: Provided
that if the Executive Council does not take a decision on the recommendations
of the Selection Committee within a period of four months from the date of the
meeting of such Committee, then also the matter shall stand referred to the
Chancellor, and his decision shall be final. (10)
The disqualification of members of
Selection Committee for appointment of teachers on the ground of interest for
participating in the deliberations of such Committees and other matters
relating to appointment of such teachers shall be prescribed by the Statutes. (11)
No selection for any appointment under
this section shall be made except after advertisement of the vacancy in at
least three issues of two newspapers having adequate circulation in Uttar
Pradesh. [24][(1) Notwithstanding anything to the contrary contained in
any other provision of this Act, an Assistant Professor substantively appointed
or an Associate Professor or an Additional Professor substantively appointed or
promoted under this section in the University, who has put in such length of
service and possesses such qualifications as may be prescribed, may be given
personal promotion respectively to the post of Associate Professor or
Additional Professor or Professor.] (2) The promotion
under sub-section (1) shall be given on the recommendation of the Selection
Committee constituted under sub-section (4) of Section 35 in such manner and
subject to such conditions as may be prescribed. (1)
Except as otherwise provided by
Statutes, no salaried officer and teacher of the University shall be appointed
except under a written contract which shall be consistent with the provisions
of this Act, the Statutes and Ordinances. (2)
The original contract shall be lodged
with the Registrar and a copy thereof shall be furnished to the officer or
teacher concerned. (3)
Notwithstanding anything contained in
any contract or other instrument no teacher of the University shall have right
of private practice except to such extent if any, and subject to such
conditions and restrictions as the State Government may, by general or special
order specify. The
University shall constitute, for the benefit of its officers, teachers and
other employees, in such manner and subject to such conditions as may be
specified by general or special order by the State Government such pension,
insurance or provident fund, as it may deem fit including a fund from which
such teachers or their heirs, as the case may be, shall be paid pension or
gratuity in the event of their incurring disability, wound or death in
connection with the discharge of their duties as Superintendent of a Centre or
invigilator as defined in Uttar Pradesh Universities (Provisions Regarding
Conduct of Examinations) Act, 1965. (1)
The conditions regarding payment of
remuneration to the teachers for any duties performed in connection with any
examination conducted by an Indian University or any body other than Public
Service Commission shall be such as may be prescribed. (2)
No teacher shall at any time, hold
more than one remunerative office carrying duties other than teaching or duties
connected with examination. Explanation-
The words 'remunerative offices' include the offices of Warden or Superintendent
of a hostel, Proctor, Games Superintendent and Librarian. (1)
Any dispute arising out of a contract
of appointment referred to in section 37 shall be referred to a Tribunal of
Arbitration which shall consist of one member nominated by the Executive
Council, one member nominated by the officer or teacher concerned and one
member (who shall act as convenor) nominated by the Chancellor. (2)
If for any reason, a vacancy occurs in
the office of a member of the Tribunal, the appropriate person or body
concerned shall nominate another person in accordance with provisions of
sub-section (1) to fill the vacancy and the proceedings may be continued before
the Tribunal from the stage at which the vacancy is filled. (3)
The decision of the Tribunal shall be
final and binding on the parties and shall not be questioned in any court. (4)
The tribunal of Arbitration shall have
the powers:- (a)
to regulate its own procedure; (b)
to order re-instatement of the officer
or teacher concerned; and (c)
to award salary to the officer or
teacher concerned, after deducting there from such income which such officer or
teacher might have otherwise derived during his suspension, removal, dismissal
or termination from service. (5)
Nothing contained in any law for the
time being in force relating to arbitration shall apply to an arbitration under
this section. (6)
No suit or proceedings shall lie in
any court in respect of any matter which is required by sub-section (1) to be
referred to the Tribunal of Arbitration: Provided
that every decision of the Tribunal referred to in sub-section (3) shall be
executable by the lowest court having territorial jurisdiction, as if it were a
decree of that court. (1)
Subject to the provisions of this Act,
the Statutes may provide for any matter relating to the University and shall in
particular, provide for:- (a)
The constitution, power and duties of
the authorities of the University; (b)
The election, appointment and term of
office of the members of the authorities of the University, including the
continuance in office of the first members, and the filling in of vacancies in
their membership and all other matters relating to these authorities for which
it may be necessary to provide; (c)
The powers and duties of the officers
of the University; (d)
The classification and recruitment
(including minimum qualification and experience) of teachers of the University,
the maintenance by them of their annual academic progress report, the rules of
conduct to be observed by them and their emoluments and other conditions of
service (including provisions relating to compulsory retirement); (e)
The recruitment (including minimum
qualifications and experience) and their emoluments and other conditions of
service (including provisions relating to compulsory retirement) of persons
appointed to other posts under the University; (f)
The constitution of a pension or
provident fund or the establishment of an insurance-scheme for the benefit of
officers, teachers and other employees of the University; (g)
The institution of degrees and
diplomas; (h)
The conferment of honorary degrees; (i)
The withdrawal of degrees and
diplomas, certificates and other academic distinctions; (j)
The establishment, amalgamation,
abolition and reorganisation of Faculties; (k)
The establishment of departments of
teaching in the Faculties; (l)
The establishment, abolition and
reorganization of hostels maintained by the University; (m)
The number, minimum qualification and
experience, the emoluments and other conditions of service, including the age
of retirement and provisions relating to compulsory retirement of salaried
employees (not being teachers) of the University and the preparation and
maintenance of record of their service; (n)
The institution of scholarships,
fellowships, studentships, medals and prizes; (o)
The qualifications, conditions and
manner of registration of graduates and the maintenance of a register of
registered graduates; (p)
The holding of convocation, if any;
and (q)
All other matters which by this Act
are to be or may be provided for by the Statutes. (1)
The first Statutes of the University
shall be made by the State Government, by notification, provided that for so
long as the First Statutes are not so made, the Statutes of the Lucknow
University as in force immediately before the appointed date in so far as they
are not so inconsistent with the provisions of this Act, shall, subject to such
adaptations and modifications whether by way of repeal, amendment or addition
as may be necessary or expedient, as the State Government may, by notification
provide, continue in force, and any such adaptation or modification shall not
be called in question. (2)
The Executive Council may make new or
additional Statutes or may amend or repeal the Statutes referred to in
sub-section (1). (3)
The Executive Council shall not
propose the draft of any Statute affecting the status; power or constitution of
any authority of the University until such authority has been given an
opportunity of expressing its opinion upon the proposal and any opinion so
expressed shall be in writing and shall be submitted to the Chancellor. (4)
Every new Statute or addition to a
Statute or any amendment or repeal of Statute shall be submitted to the
Chancellor who may assent to it or withhold his assent there form or remit it
to the Executive Council for further consideration. (5)
A Statute passed by the Executive
Council shall have effect from the date it is assented to by the Chancellor or
from such later date as may be specified by him. (6)
Notwithstanding anything contained in
the forgoing subsections, the State Government may in order to implement any
decision taken by it in the interest of learning, teaching or research or for
the benefit of teachers, students or other staff or on the basis of any
suggestion or recommendation of the University Grants Commission or the State
or National Education Policy with regard to the qualifications of the teachers,
require the Executive Council to make new or additional Statutes or amend or
repeal the Statutes referred to in sub-section(1) within a specified time and
if the Executive Council fails to comply with such requirement of the State
Government may, with the assent of the Chancellor, make new or additional
Statutes or amend or repeal the Statutes referred to in sub-section(1). (7)
The Executive Council shall have no
power to amend or repeal the Statues made by the State Government under
sub-section (6) or to make new or additional Statutes inconsistent with such
Statutes. (1)
Subject to the provisions of this Act
and the Statutes the Ordinances may provide for any matter which by this Act or
the Statutes is to be or may be provided for by the Ordinances. (2)
Without prejudice to the generality of
the provisions of subsection (1), the Ordinance shall provide for 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, diplomas and other academic distinctions of the University; (c)
The conditions under which students
shall be admitted to the examinations, degrees and diplomas of the University
and shall be eligible for the award of such degrees and diplomas; (d)
The conditions of award of
scholarships, fellowships. studentships, bursaries, medals and prizes; (e)
The conditions of residence of
students at the University and the management of hostels maintained by the
University; (f)
The recognition and management of
hostels not maintained by the university; (g)
The maintenance of discipline among
the students of the University and the punishment including suspension,
expulsion or restrictions for breach of discipline or for any violent or
indecent ragging of fresh students by their seniors; (h)
The fees which may be charged by the
University; (i)
The conditions and mode of appointment
and the duties of examining bodies, examiners, moderators, invigilators and
tabulators; (j)
The conduct of examinations; (k)
The remuneration and allowances
including travelling and daily allowances to be paid to persons employed on the
business of the University; (l)
All other matters which by this Act or
the Statutes are to be or may be provided for by the Ordinances. (1)
The first Ordinances of University
shall be the Ordinances of the Lucknow University as in force immediately
before the appointed date insofar as they are not inconsistent with the
provisions of this Act: Provided
that for the purpose of bringing the provisions of any such Ordinances into
accord with the provisions of this Act and the Statutes, the Chancellor may by
order make such adaptations and modifications of the Ordinances whether by way
of repeal, amendment or addition as may be necessary or expedient and provide
that the Ordinances shall as from such date as may be specified in the order
have effect subject to the adaptations or modifications so made and any such
adaptation or modification shall not be called in question. (2)
Save as otherwise provided in this
section, the Executive Council may, from time to time, make new or additional
Ordinances or may amend or repeal the Ordinances referred to in sub-sections
(1): Provided
that no Ordinance shall be made- (a)
affecting the admission of student, or
prescribing examinations to be recognized as equivalent to the University
examinations or the further qualifications mentioned in sub-section (1) of
section 45 for admission to the degree courses of the University, unless a
draft of the same has been proposed by the Academic Council; or (b)
affecting the conditions and mode of
appointment and duties of examiners and the conduct or standard of examinations
or any course of study except in accordance with a proposal of the Faculty
concerned and unless a draft of such Ordinance has been proposed by the
Academic Council; or (c)
affecting the number, qualifications
and emoluments of teachers of the University or the income or expenditure of
the University, unless a draft of the same has been approved by the State
Government. (3)
The Executive Council shall not have
power to amend any draft proposed by the Academic Council under sub-section (2)
but may reject it or return to the Academic Council for reconsideration either
in whole or in part together with any amendments, which the Executive Council
may suggest. (4)
All ordinances made by the Executive
Council shall have effect from such date as it may direct and shall be
submitted as soon as may be to the Chancellor. (5)
The Chancellor may at any time signify
to the Executive Council his disallowance of such Ordinances other than those
referred to in clause (c) of the proviso to sub-section (2) and from the date
of receipt by the Executive Council of intimation of such disallowance, such
Ordinance shall become void. (6)
The Chancellor may direct that the
operation of any ordinance other than those referred to in clause (c) of the
proviso to sub-section (2) shall be suspended until he has an opportunity of
exercising his power of disallowance. An order of suspension under this
sub-section shall cease to have effect on the expiration of one month from date
of such order. (1)
Subject to the provisions of this Act,
the Statutes and the Ordinances, an authority or other body of the University
may make Regulations- (a)
laying down the procedure to be
followed at its meeting and the number of members required to form the quorum; (b)
providing for all matters which by
this Act, the Statutes or the Ordinances are to be provided by Regulations; and (c)
providing for any other matter solely
concerning such authority or body and not provided for by this Act, the
Statutes and the Ordinance. (2)
The regulations made by any authority
or other body of the University shall provide for the giving of notice to its
members of the dates of meetings and the business to be transacted thereat and
for keeping of record of the proceedings of such meetings. (3)
The Executive Council may direct any
authority or other body of the University other than the Court to cancel or to
amend in such form as may be specified in the direction, any Regulation made by
such authority or body and such authority or body shall thereupon cancel or
amend the Regulation accordingly. (4)
The Academic Council may, subject to
the provisions of the Ordinances, make Regulations providing for the course of
study for any examination, degree or diploma of the University only after the
Board of Faculty concerned has proposed a draft of the same. (5)
The Academic Council shall not have
power to amend or reject any draft proposed by the Board of Faculty under
sub-section (4), but may return it to the Board for further consideration
together with its own suggestions. (6)
Until any Regulations are made under
this section, the relevant Regulations of the Lucknow University as in force
immediately before the appointed date shall continue to be in force. (1)
The Annual Report of the University
shall be prepared under the direction of the Executive Council and shall be
submitted to the Court a month before its annual meeting and the Court shall
consider it in its annual meeting. (2)
The Court may by resolution make
recommendations on such report and communicate the same to the Executive
Council which may take such action thereon as it thinks fit. (1)
The annual accounts and balance-sheet
of the University shall be prepared under the direction of the Executive Council
and all accruing 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 annual 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 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 Executive Council shall also
prepare, before such date as may be prescribed, the budget for the ensuing
year. (5)
Every item of new expenditure above
such amount as may be prescribed which is proposed to be included in the budget
shall be referred by the Executive Council to the Finance Committee, which may
make recommendations thereon. (6)
The Executive Council shall, after
considering the recommendations, if any, of the Finance Committee approve the
budget finally. (7)
The annual accounts, the balance-sheet
and the audit report shall be considered by the court at its annual meetings,
and the Court may, by resolution make recommendations with reference thereto
and communicate the same to the Executive Council. (8)
It shall not be lawful for the
Vice-Chancellor or the Executive Council to incur any expenditure- (a)
either not sanctioned in the budget,
or in the case of funds granted to the University, subsequent to the sanction
of the budget, by the State Government or the Government of India or the
University Grants Commission or any international organization or Foundation,
save in accordance with the terms of such grant: Provided
that not withstanding anything in subsection (7) of section 17, the
Vice-Chancellor may, in the case of fire, flood, excessive rainfall or other
sudden or unforeseen circumstances, incur non-recurring expenditure not
exceeding rupees fifty thousand not sanctioned in the budget and he shall
immediately inform the State Government in respect of all such expenditure; (b)
on any litigation in opposition to any
order of the Chancellor or of the State Government purporting to be made under
this Act. (1)
An officer specified in any of the
clauses (b) to (i) of section 14 shall be liable to surcharge for the loss,
waste or misapplication of any money or property of the University, if such
loss, waste or misapplication is a direct consequence of his neglect or
misconduct. (2)
The procedure of surcharge and the
manner of recovery of the amount involved in such loss, waste or misapplication
shall be such as may be prescribed. (1)
Except as expressly provided by this
Act or the Statutes, officers of the University and members of authorities of
the University shall so far as may be, be chosen by methods other than
election. (2)
Where a provision is made in this Act
or the Statutes for any appointment by rotation or according to seniority or
other qualification, the manner of rotation and determination of seniority and
other qualifications shall be such as may be prescribed. (3)
Where a provision for an election is
made in this Act, such election shall be conducted according to the system of
proportional representation by means of the single transferable vote, and where
provision for an election is made in the Statutes, it shall be held in such
manner as the Statutes may provide. (4)
Except as expressly provided by this
Act, no officer or employee of the University shall be eligible to seek
election to any authority or other body of the University. (1)
Any casual vacancy among the members,
other than ex-officio members, of any authority or body of the University shall
be filled in the same manner in which the members whose vacancy is to be filled
up was chosen, and the person filling the vacancy shall be a member of such
authority or body for the residue of the term for which the person whose place
he fills would have been a member. (2)
A person who is a member of any
authority of the University as a representative of another body, whether of the
University or outside, shall retain his seat on such authority for only so long
as he continues to be the representative of such body. No
act or proceeding, of any authority or body or committee of the University,
shall be invalid merely by reason of- (a)
any vacancy or defect in the
constitution thereof; or (b)
some person, having taken part in the
proceedings who was not entitled to do so; or (c)
any defect in the election, nomination
or appointment of a person acting as member thereof; or (d)
any irregularity in its procedure not
affecting the merits of the case. The
court may, by a two-third majority of the members present and voting remove any
person from membership of any authority or other body of the University upon
the ground that such person has been convicted of any offence which, in the
opinion of the Court, is an offence involving moral turpitude or upon the
ground that he has been guilty of scandalous conduct or had behaved in a manner
unbecoming of a member of the University and may upon the same ground withdraw
from any person any degree, or certificate conferred or granted by the
University. If
any question arises whether any person has been duly elected or appointed as,
or is entitled to be a member of any authority or other body of the University
(including any question as to the validity of a Statute, Ordinance or
Regulation, not being a Statute or Ordinance made or approved by the State
Government or by the Chancellor) is in conformity with this Act or the Statutes
or the Ordinances made thereunder, the matter shall be referred to the
Chancellor, and the decision of the Chancellor thereon shall be final: Provided
that no reference under this section shall be made- (a)
more than three months after the date
when the question could have been raised for the first time, (b)
by any person other than an authority
or officer of the University or a person aggrieved: Provided
further that the Chancellor may in exceptional circumstances- (a)
act suo motu or entertain a reference
after the expiry of the period mentioned in the preceding proviso, (b)
where the matter referred relates to a
dispute about the election, and the eligibility of the persons so elected is in
doubt, pass such orders of stay as he thinks just and expedient. (1)
A copy of any receipt, application,
notice, order, proceeding or resolution of any authority or committee of the
University or other documents in possession of the University or any entry in
any register duly maintained by the University, if certified by the Registrar
shall be received as prima facie evidence of such receipt, application, notice,
order, proceedings, resolution or document or the existence of entry in the
register and shall be admitted as evidence of the matters and transactions
therein recorded where the original thereof would, if produced, have been admissible
in evidence. (2)
No officer or servant of the
University shall in any proceeding to which the University is not a party, be
required to produce any document register or other record of the University the
contents of which can be proved under sub-section (1) by a certified copy, or
to appear as a witness to prove the matters and transactions recorded therein
unless by order of the court made for special cause. (1)
(Constitution of authority1) Every
authority of the University shall, as soon as may be after the commencement of
this Act, be constituted in accordance with the provisions of this Act. (2)
Until any authority of the University
is constituted under sub-section (1), the State Government may, by order,
direct by whom and in what manner the powers, duties and functions exercisable
or dischargeable under this Act by any authority of University other than the
Executive Council shall be exercised or discharged. Notwithstanding
the transfer of the institutions from the Lucknow University to the
University,- (a)
all appointment made, orders issued,
degrees or diplomas conferred or certificates issued, privileges granted or
other things done (including registration of graduates) under any such enactment,
shall be deemed to have been respectively made, issued, conferred, granted or
done under the corresponding provisions of this Act, and except as otherwise
provided by or under this Act continue in force unless and until they are
superseded by any order made under this Act; (b)
all proceedings of Selection Committee
for appointment of teachers of King George's Medical College which took place
before the commencement of this Act and all actions by the Executive Council of
the Lucknow University in respect of the recommendations of such Selection
Committee, where no orders of appointment on the basis thereof were passed
before the commencement of this Act, shall be deemed to have been valid, but
further proceedings in connection with such pending selections shall be taken
in accordance with the provisions of this Act and be continued from the stage
where they stood immediately before such commencement; (c)
until fresh panels of experts are
drawn up under subsection (5) of section 35, the Chancellor, may nominate experts
to Selection Committee under that section from out of the panels in existence
immediately before the commencement of this Act: Provided
that the provisions of Explanations I and II to the sub-section (5) of said
section shall apply also to the panels of experts referred to in this clause
and to nominations made from such panels under this clause; (d)
until a Finance Officer is appointed
in the University, the functions of the Finance Officer under this Act shall be
performed by the Finance Officer of the King George's Medical College; (e)
until a Registrar is appointed in the
University, the functions of the Registrar under this Act shall be performed by
a teacher of the University nominated by the Vice-Chancellor. (1)
The State Government may for the
purposes of removing any difficulties, 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: Provided
that no such order shall be made after from the date of commencement of this
Act. (2)
Every order made under sub-section (1)
shall be laid before both the Houses 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.
[1] The UTTAR PRADESH CHHATRAPATI SHAHUJI
MAHARAJ MEDICAL UNIVERSITY ACT, 2002 (U.P. ACT NO. 8 of 2002) was passed by the
State Legislature and published on Sep. 6, 2002 in Gazette Extra-ordinary. - For the words "Uttar Pradesh Chhatrapati Shahuji
Maharaj Medical University" wherever occurring in the Act including
heading and long title, the words "King George's Medical University"
were substituted vide U.P. Act No. 13 of 2003 w.e.f. Dec. 17, 2003. - For the words "King George's Medical
University" wherever occurring in the Act including heading and long
title, the words "Chhatrapati Shahuji Maharaj Medical University, Uttar
Pradesh" were substituted vide U.P. Act No. 18 of 2007 w.e.f. June 02,
2007. - For the words
"Chhatrapati Shahuji Maharaj Medical University, Uttar Pradesh"
wherever occurring in the Act including heading and long title, the words
"King George's Medical University, Uttar Pradesh" were substituted
vide U.P. Act No. 6 of 2013 w.e.f. Aug. 8, 2012. [2] 1. The UTTAR PRADESH CHHATRAPATI
SHAHUJI MAHARAJ MEDICAL UNIVERSITY ACT, 2002 (U.P. ACT NO. 8 of 2002) was
passed by the State Legislature and published on Sep. 6, 2002 in Gazette
Extra-ordinary. - For the words "Uttar Pradesh Chhatrapati Shahuji
Maharaj Medical University" wherever occurring in the Act including
heading and long title, the words "King George's Medical University"
were substituted vide U.P. Act No. 13 of 2003 w.e.f. Dec. 17, 2003. - For the words "King George's Medical
University" wherever occurring in the Act including heading and long
title, the words "Chhatrapati Shahuji Maharaj Medical University, Uttar
Pradesh" were substituted vide U.P. Act No. 18 of 2007 w.e.f. June 02,
2007. - For the words
"Chhatrapati Shahuji Maharaj Medical University, Uttar Pradesh"
wherever occurring in the Act including heading and long title, the words
"King George's Medical University, Uttar Pradesh" were substituted
vide U.P. Act No. 6 of 2013 w.e.f. Aug. 8, 2012. [3] The Act came into force on September 16, 2002 vide
Notification No. 3209/71-3-2002-37/2002 T.C., dated Sep. 16, 2002. [4] The Indian Medical Council Act, 1956 (102 of
1956) [5] Corrigendum Notification dated 28.06.2011 by
Vidhayi Anubhag-1 published in Gazette Extra-ordinary Part-I, Vol(A) on June
28, 2011. [6] The UTTAR PRADESH CHHATRAPATI SHAHUJI MAHARAJ
MEDICAL UNIVERSITY ACT, 2002 (U.P. ACT NO. 8 of 2002) was passed by the State
Legislature and published on Sep. 6, 2002 in Gazette Extra-ordinary. - For the words "Uttar
Pradesh Chhatrapati Shahuji Maharaj Medical University" wherever occurring
in the Act including heading and long title, the words "King George's
Medical University" were substituted vide U.P. Act No. 13 of 2003 w.e.f.
Dec. 17, 2003. - For the words "King
George's Medical University" wherever occurring in the Act including
heading and long title, the words "Chhatrapati Shahuji Maharaj Medical
University, Uttar Pradesh" were substituted vide U.P. Act No. 18 of 2007
w.e.f. June 02, 2007. - For the words
"Chhatrapati Shahuji Maharaj Medical University, Uttar Pradesh"
wherever occurring in the Act including heading and long title, the words
"King George's Medical University, Uttar Pradesh" were substituted
vide U.P. Act No. 6 of 2013 w.e.f. Aug. 8, 2012. [7] The UTTAR PRADESH CHHATRAPATI SHAHUJI MAHARAJ MEDICAL
UNIVERSITY ACT, 2002 (U.P. ACT NO. 8 of 2002) was passed by the State
Legislature and published on Sep. 6, 2002 in Gazette Extra-ordinary. -
For the words "Uttar Pradesh Chhatrapati Shahuji Maharaj Medical
University" wherever occurring in the Act including heading and long
title, the words "King George's Medical University" were substituted
vide U.P. Act No. 13 of 2003 w.e.f. Dec. 17, 2003. -
For the words "King George's Medical University" wherever occurring
in the Act including heading and long title, the words "Chhatrapati
Shahuji Maharaj Medical University, Uttar Pradesh" were substituted vide
U.P. Act No. 18 of 2007 w.e.f. June 02, 2007. - For the words "Chhatrapati
Shahuji Maharaj Medical University, Uttar Pradesh" wherever occurring in
the Act including heading and long title, the words "King George's Medical
University, Uttar Pradesh" were substituted vide U.P. Act No. 6 of 2013
w.e.f. Aug. 8, 2012. [8] The UTTAR PRADESH CHHATRAPATI SHAHUJI MAHARAJ MEDICAL
UNIVERSITY ACT, 2002 (U.P. ACT NO. 8 of 2002) was passed by the State
Legislature and published on Sep. 6, 2002 in Gazette Extra-ordinary. -
For the words "Uttar Pradesh Chhatrapati Shahuji Maharaj Medical
University" wherever occurring in the Act including heading and long
title, the words "King George's Medical University" were substituted
vide U.P. Act No. 13 of 2003 w.e.f. Dec. 17, 2003. -
For the words "King George's Medical University" wherever occurring
in the Act including heading and long title, the words "Chhatrapati
Shahuji Maharaj Medical University, Uttar Pradesh" were substituted vide
U.P. Act No. 18 of 2007 w.e.f. June 02, 2007. - For the words "Chhatrapati
Shahuji Maharaj Medical University, Uttar Pradesh" wherever occurring in
the Act including heading and long title, the words "King George's Medical
University, Uttar Pradesh" were substituted vide U.P. Act No. 6 of 2013
w.e.f. Aug. 8, 2012. [9] Substituted vide U.P. Act No. 4 of 2004 w.e.f Jan. 20,
2004. [10] Omitted vide U.P. Act. No. 4 of 2004 w.e.f. Jan. 20, 2004
and inserted vide U.P. Act No. 2 of 2019 w.e.f. Feb. 18, 2019. [11] Substituted vide U.P. Act No. 2 of 2019 w.e.f. Feb 18,
2019. [12] Substituted vide U.P. Act No. 2 of 2019 w.e.f.
Feb 18, 2019. [13] Inserted vide U.P. Act No. 13 of 2003, w.e.f.
Dec, 17, 2003, amended vide U.P. Act No. 15 of 2006, w.e.f. May 24, 2006 &
substituted vide U.P. Act No. 31 of 2007, w.e.f. Aug. 25, 2007. The clause omitted
vide U.P. Act No. 42 of 2018 from the date to be notified. [14] Omitted vide U.P. Act. No. 4 of 2004 w.e.f. Jan. 20, 2004
and inserted vide U.P. Act No. 2 of 2019 w.e.f. Feb. 18, 2019. [15] 13 Substituted vide U.P. Act No. 31 of 2007,
w.e.f. Aug. 25, 2007. [16] 14 Substituted vide U.P. Act No. 2 of 2019,
w.e.f. Feb. 18, 2019. [17] Omitted vide U.P. Act No. 4 of 2004, w.e.f. Jan. 20, 2004
and inserted vide U.P. Act No. 2 of 2019, w.e.f. Feb. 18, 2019. [18] Omitted vide U.P. Act No. 4 of 2004 w.e.f. 20.01.2004 &
inserted vide U.P. Act No. 2 of 2019 w.e.f. Feb. 18, 2019. [19] Substituted vide U.P. Act No. 2 of 2019 w.e.f. Feb. 18,
2019. [20] Substituted vide U.P. Act No. 2 of 2019 w.e.f. Feb. 18,
2019. [21] Omitted vide U.P. Act No. 4 of 2004 & substituted vide
U.P. Act No. 2 of 2019 w.e.f. Feb. 18, 2019. [22] Substituted vide U.P. Act No. 2 of 2019 w.e.f. Feb. 18,
2019. [23] Substituted vide U.P. Act No. 2 of 2019 w.e.f. Feb. 18,
2019. [24] Substituted vide U.P. Act No. 2 of 2019, w.e.f. Feb. 18,
2019.THE
KING GEORGE'S MEDICAL UNIVERSITY, UTTAR PRADESH ACT, 2002
PREAMBLE
Section 18 – [The Pro-Vice- Chancellor