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THE UTTAR PRADESH JAGADGURU RAMBHADRACHARYA DIVYANG STATE UNIVERSITY ACT, 2023

THE UTTAR PRADESH JAGADGURU RAMBHADRACHARYA DIVYANG STATE UNIVERSITY ACT, 2023

THE UTTAR PRADESH JAGADGURU RAMBHADRACHARYA DIVYANG STATE UNIVERSITY ACT, 2023

[Act No. 13 of 2023]

[18th August, 2023]

PREAMBLE

An Act to upgrade and reconstitute the existing Jagadguru Rambhadracharya Divyang Vishwavidyalaya (Private University), Chitrakoot, established and administrated by the Jagadguru Rambhadracharya Divyang Shikshan Sansthan, as a State University in the State and to provide for matter connected therewith and incidental thereto.

It is Hereby enacted in the Seventy fourth year of the Republic of India as follows:-

Section 1 - Short title and commencement.

 

(1)     This Act may be called the Uttar Pradesh Jagadguru Rambhadracharya Divyang State University Act, 2023.

(2)     It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.

Section 2 – Definitions.

 

In this Act, unless the context otherwise requires,-

(a)      "Academic Council" means the Academic Council of the University;

 

(b)      "constituent college" means a college or institution maintained by the University;

 

(c)      "employee" means an employee appointed by the University and includes teachers and other staff of the University or a constituent college;

 

(d)      "Executive Council" means the Executive Council of the University constituted under section 21;

 

(e)      "Governor" means the Governor of Uttar Pradesh.

 

(f)       "General Council" means the General Council of the University constituted under section 17;

 

(g)      "hall" means a unit of residence for students maintained or recognized by the University, or a constituent college;

 

(h)     "Person with disability" means a person as defined in "The Rights Of Persons With Disabilities Act, 2016;

 

(i)       "Jagadguru Rambhadracharya Sansthan" means the Jagadguru Rambhadracharya Viklang Shikshan Sansthan, 4-F, Nawab Yusuf Road, Allahabad, a society registered with the Registrar of Societies, Uttar Pradesh under the Societies Registration Act, 1860;

 

(j)       "other backward classes of citizens" means the backward classes of citizens specified in Schedule-1 of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994;

 

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

 

(l)       "Principal" in relation to a constituent college means the head of the constituent college and includes where there is no Principal, the Vice Principal or any other person for the time being appointed to act as Principal;

 

(m)    "Registrar" means the Registrar of the University appointed under section 13;

 

(n)     "Statutes" and "Ordinances" means respectively, the Statutes and Ordinances of the University;

 

(o)      "teacher" means a Professor, Associate Professor, Assistant Professor or such other person as may be appointed for imparting instruction or conducting research in the University or in a constituent college and includes the Principal of a constituent college;

 

(p)      "University" means the Jagadguru Rambhadracharya Divyang State University established and incorporated under section 3.

Section 3 - Incorporation of Jagadguru Rambhadracharya Divyang State University.

 

(1)     The Jagadguru Rambhadracharya Divyang University established under the "Uttar Pradesh Jagadguru Rambhadracharya Divyang University Act, 2001" shall be established as a body corporate by the name of Jagadguru Rambhadracharya Divyang State University under this Act having perpetual succession and a common seal and shall sue and be sued by the said name.

 

(2)     The Chancellor, the first Vice-Chancellor and the first members of the General Council, the Executive Council and the Academic Council, and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, shall constitute the University.

 

(3)     The headquarters of the University shall be at Chitrakoot.

Section 4 - Effect of Incorporation of the University.

 

On and from the appointed day,--

(a)      any reference to Jagadguru Rambhadracharya Divyang University in any law (other than this Act) or in any contract or other instrument shall be deemed as a reference to the University;

 

(b)      all properties, movable and immovable, of or belonging to the Jagadguru Rambhadracharya Divyang University shall vest in the University;

 

(c)      all rights and liabilities of the Jagadguru Rambhadracharya Divyang University shall be transferred to, and be the rights and liabilities of, the University;

 

(d)      every person employed by the Jagadguru Rambhadracharya Divyang University immediately before the appointed day shall hold his office or service in the University by the same tenure, at the same remuneration and upon the same terms and conditions as he would have held the same if this Act had not been passed, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the Statutes;

 

(e)      any reference, by whatever form of words, to the Vice-Chancellor and Pro-Vice-Chancellor of the Jagadguru Rambhadracharya Divyang University in any law for the time being in force, or in any instrument or other document, shall be construed as a reference respectively to the Vice- Chancellor and the Pro-Vice-Chancellor of the University;

 

(f)       the Vice-Chancellor of the University, appointed under the provisions of the Uttar Pradesh Jagadguru Rambhadracharya Divyang University Act, 2001 (U.P. Act 32 of 2001) shall be deemed to have been appointed as the Vice-Chancellor under this Act, and shall hold office for a period of three months or till such time the Vice-Chancellor is appointed, whichever is earlier.

Section 5 - Objectives of the University.

 

The objectives of the University shall be, -

(a)      to facilitate and promote studies, research and extension work in the emerging areas including rehabilitation courses with focus on visual impairment, hearing impairment, mental retardation, rehabilitation engineering/technology, community based rehabilitations, rehabilitation psychology, speech and hearing, locomotors and cerebral palsy, autism spectrum disorder, rehabilitation therapy, vocational counseling and rehabilitation, social work/ administration etc. through conventional teaching system;

 

(b)      to advance and disseminate learning and knowledge on disability and related issues, including general education by regular mode of education;

 

(c)      to develop in the students and research scholars a sense of responsibility to serve society in the field of disability by developing skills in regard to special education, vocational and general education;

 

(d)      to empower physically challenged students and provide them higher education in an accessible environment along with other students;

 

(e)      to hold examinations and confer degrees and other academic distinctions; and

 

(f)       to do all such things as are incidental, necessary or conducive to the attainment of all or any of the objectives of the University.

Section 6 - No power to affiliate any institution.

 

The University may have constituent colleges but shall have no power to admit any other college or institution to the privileges of affiliation.

Section 7 - Powers and functions of the University.

 

The powers and functions of the University shall be:-

(a)      to administer and manage the University and such centers for research, education and instruction as are necessary for the furtherance of the objectives of the University;

 

(b)      to provide for instructions in such branches of knowledge of learning pertaining to disability, as the University may deem fit and to make provision for research and for the advancement and dissemination of knowledge of disability;

 

(c)      to sponsor and undertake research in all aspects of disability and social development;

 

(d)      to prescribe qualifications and to regulate the admission of students to the University for a course of study for a degree or a diploma;

 

(e)      to organise and undertake extra mural teaching and extension services;

 

(f)       to hold examinations and to grant diplomas or certificates, and to confer degrees and other academic distinctions on persons subject to such conditions as the University may determine and to withdraw any such diplomas, certificates, degree or other academic distinctions for good and sufficient cause;

 

(g)      to confer honorary degree or other distinctions in such, manner as may be prescribed;

 

(h)     to fix, demand and receive fees and other charges;

 

(i)       to institute and maintain halls and hostels and to recognize places of residence for the students of the University and to withdraw such recognition accorded to any such place of residence;

 

(j)       to supervise and control the residence, and to regulate the discipline of the students of the University, and to make arrangements for promoting their health;

 

(k)      to make arrangements in respect of the residence, discipline and teaching of students;

 

(l)       to create academic, technical, administrative, ministerial and other posts with the prior approval of the State Government;

 

(m)    to regulate and enforce discipline among the employees of the University and to take such disciplinary measures as may be deemed necessary;

 

(n)     to institute professorships, Associate Professorships, Assistant Professorships, and any other teaching, academic or research posts required by the University with the prior approval of the State Government;

 

(o)      to appoint persons as professors, Associate professors, Assistant Professors or otherwise as teachers and research scholars of the University;

 

(p)      to institute and award fellowships, scholarship, prizes and medals;

 

(q)      to provide for printing, reproduction and publication of research and other works and to organize exhibitions;

 

(r)      to co-operate with any other organization in the matter of education, training and research in disability, social development and allied subjects for such purposes as may be agreed upon on such terms and conditions as the University may from time to time determine;

 

(s)      to co-operate with institutions of higher learning in any part of the world having objects wholly or partially similar to those of the University, by exchange of teachers and scholars and generally in such manner as may be conducive to the common objects;

 

(t)       to regulate the expenditure and to manage the accounts of the University;

 

(u)     to establish and maintain, within the premises of the University or elsewhere, such class rooms and study halls as the University may consider necessary and adequately furnish the same and to establish and maintain such libraries and reading rooms as may appear convenient or necessary for the University;

 

(v)      to receive grants, subventions, subscriptions, donations and gifts for the purpose of the University and consistent with the objectives for which the University is established;

 

(w)     to purchase, take on lease or accept as gifts or otherwise, any land or building or works, which may be necessary or convenient for the purpose of the University, on such terms and conditions as it may think fit and proper, and to construct, or to alter and maintain, any such building or works;

(x)      to sell, exchange, lease or otherwise dispose of all or any portion of the properties of the University, movable or immovable, on such terms as it may deem fit and proper without prejudice to the interest and activities of the University:

(a)      Provided that where the properties have been created with the financial assistance of the State or the Central Government, prior approval of the State Government shall be necessary;

(y)      to draw and accept, to make and endorse to discount and negotiate Government promissory notes and other promissory notes, bills of exchange, cheques or other, negotiable instruments;

(z)      to execute conveyances transfer, re-conveyances, mortgages, leases, licenses and agreements in respect of property, movable or immovable including Government securities belonging to the University or to be acquired for the purpose of the University with prior approval of the State Government;

(aa) to appoint in order to execute an instrument or transact any business of the University, any person as it may deem fit;

(ab) to enter into any agreement with Central Government, State Government, the University Grants Commission or other authorities for receiving grants;

(ac) to raise and borrow money on bonds, mortgages, promissory notes or other obligations or securities, funded or based upon all or any of the properties and assets of the University or without any securities, and upon such terms and conditions as it may deem fit and to pay out of the funds of the University all expenses incidental to the raising of money, and to repay and redeem any money borrowed;

(ad) to invest the funds of the University or fund entrusted to the University in or upon such securities and in such manner as it may deem fit and from time to time transpose any investment;

(ae) to constitute for the benefit' of the academic, technical, administrative and other staff, in such manner and subject to such conditions as may be prescribed by the Statutes, such as pension, insurance, provident fund and gratuity as it may deem fit and to make such grants as it may think fit for the benefit of any employees of the University and to aid in establishment and support of the associations, institutions, funds, trusts and conveyance calculated to benefit the staff and the students of the University;

(af) to do all such other acts and things as the University may consider necessary, conducive or incidental to the attainments or enlargements of all or any of its objectives.

Section 8 - Officers of the University.

 

The following shall be the officers of the University:--

(a)      the Chancellor;

 

(b)      the Vice-Chancellor;

 

(c)      the Pro-Vice-chancellor;

 

(d)      the Head of Departments;

 

(e)      the Registrar;

 

(f)       the Finance Officer;

 

(g)      such other officers as may be declared by the Statutes to be officers of the University.

Section 9 - The Chancellor.

 

(1)     The Governor of Uttar Pradesh shall be the Chancellor of the University: Provided that Raghviyo Jagadguru Swami Rambhadracharya shall be the Chancellor for life.

 

(2)     The Chancellor shall, by virtue of his office, be the Head of the University.

 

(3)     The Chancellor shall have such powers as may be conferred on him by this Act or the Statutes made thereunder.

 

(4)     Every proposal for the conferment of an honorary degree or distinction shall be subject to the confirmation of the Chancellor.

 

(5)     The Chancellor shall, if present, preside at the convocation of the University held for conferring degrees and may delegate to any officer of the University such of his powers as he may consider necessary.

Section 10 - The Vice- Chancellor.

 

(1)     The Vice-Chancellor shall be a whole time salaried officer of the University. The Vice-Chancellor shall be appointed by the Chancellor from amongst persons whose names are sent to the Chancellor by the Committee constituted in accordance with provisions of sub -section (2):

 

(2)     The Committee referred to in sub-section (1) shall consist of the following members, namely:-

(a)      One member shall be the Additional Chief Secretary/Principal Secretary/Secretary in-charge of the Divyangjan Sashaktikaran Vibhag of the State.

 

(b)      One member shall be renowned disable personality to be nominated by the State Government.

 

(c)      One member to be nominated by the General Council.

(3)     The aforesaid committee shall recommend three names.

 

(4)     The Chancellor shall give his assent to one of the three names recommended by the such committee.

 

(5)     The Vice-Chancellor shall hold office for a term of three years from the date on which he enters upon his office:

Provided further 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.

(6)     Subject to the provisions of this Act, the emoluments and other conditions of service of the Vice-Chancellor shall be such as may be prescribed.

(7)     The Vice-Chancellor shall not be entitled to the benefit of any pension, insurance or provident fund.

 

(8)     The State Government may appoint any suitable person to the office of Vice-Chancellor for a term not exceeding six months if the 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 Chairperson of the General Council.

(9)     If in the opinion of the General Council, the Vice-Chancellor wilfully omits or refuses to carry out the provisions of this Act or abuses the powers vested in him, or if it otherwise appears to the General Council that the continuance of the Vice-Chancellor in office is detrimental to the interest of the University, it may, after making proper inquiry which shall be completed preferably within six months, recommend the removal of the Vice-Chancellor to the Chancellor by an order. The Chancellor may remove the Vice-Chancellor from the office.

 

(10)   During the pendency or contemplation of any inquiry referred to in sub-section (9) the State Government 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 (6) .

 

(b)      the functions of the office of the Vice-Chancellor shall be performed by the person specified in the order.

(11)   The Vice-Chancellor shall,–

(a)      ensure that the provisions of this Act and the Statutes are duly observed and shall have all powers as are necessary for that purpose;

 

(b)      subject to the specific and general directions of the Executive Council, the Vice-Chancellor shall exercise all powers of the Executive Council in the management and administration of the University;

 

(c)      convene the meetings of the General Council, the Executive Council, the Academic Council and shall perform all other acts, as may be necessary to give effect to the provisions of this Act;

 

(d)      have all powers relating to the proper maintenance of discipline in the University.

(12)   If, in the opinion of the Vice-Chancellor, any emergency has arisen, which requires immediate action, he shall take such action as he deems necessary and shall report the same for confirmation in the next meeting of the authority concerned which in the ordinary course would have dealt with the matter.

Section 11 - The Pro-Vice- Chancellor.

 

A Pro-Vice-Chancellor may be appointed by the Vice-Chancellor in such manner and shall exercise such powers and perform such duties as may be prescribed.

Section 12 - Head of Departments.

 

Head of Department shall be appointed by the Vice-Chancellor in such manner and shall exercise such powers and perform such duties as may be prescribed.

Section 13 - The Registrar.

 

(1)     The Registrar shall be a whole time officer of the University. He shall be appointed by the State Government from amongst the senior officers of the State having adequate experience in the field of disability and having high qualification.

 

(2)     The Registrar shall be the ex-officio Secretary of the Executive Council. Academic Council, but shall not be deemed to be a member of any of these authorities.

 

(3)     The Registrar shall;-

(a)      comply with all directions and orders of the Executive Council and the Vice-Chancellor;

 

(b)      be the custodian of the records, common seal and such other property of the University as the Executive Council shall commit to his charge;

 

(c)      issue all notices convening meeting of the Executive Council, the Academic Council , the Finance Committee, the faculties, the Board of Studies and of any committee, appointed by the authorities of the University;

 

(d)      keep the minutes of all meetings of the Executive Council, the Academic Council , the Finance Committee, the faculty and any committee appointed by the authorities of the University;

 

(e)      conduct the official correspondence of the Executive Council and the Academic Council;

 

(f)       supply the Chancellor the copies of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of the meetings of the authorities ordinarily within a month of the holding of the meeting;

 

(g)      call a meeting of the Executive Council forthwith in an emergency, when neither the Vice-Chancellor nor the officer duly authorised is able to act and to take its directions for carrying on the work of the University;

 

(h)     represent the University in suits or proceedings by or against the University, sign powers of attorney and verify the pleadings or depute representatives for the purpose;

 

(i)       be directly responsible to the Vice-Chancellor for the proper discharge of his duties and functions;

 

(j)       perform such other duties as may be assigned to him from time to time, by the Executive Council or the Vice-Chancellor under the provisions of this Act or the Statutes;

(4)     In the event of the post of the Registrar remaining vacant for any reason, the Vice-Chancellor may authorise any officer in the service of the University to exercise such powers, functions and duties of the Registrar as he deems fit.

Section 14 - The Finance Officer.

 

(1)     There shall be a Finance Officer for the University, who shall be appointed by notification by the State Government and the salary and allowances thereof shall be paid by the University.

(2)     The Finance Officer shall;-

(a)      present the budget (annual estimates) and the statement of account to the Executive Council and also draw and disburse funds on behalf of the University;

 

(b)      speak in and otherwise take part in the proceedings, pertaining to matters of finance, of the Executive Council except voting;

 

(c)      ensure that no expenditure which is not authorized in the budget, is incurred by the University (otherwise than by way of investment);

 

(d)      disallow any proposed expenditure which may contravene the provision of this Act or Statutes;

 

(e)      ensure that no financial irregularity is committed and take steps to set right any irregularities pointed out during audit;

 

(f)       ensure that the property and investments of the University are duly preserved and managed;

 

(g)      to exercise general supervision over the funds of the University;

 

(h)     advise in financial matter either suo motu or on his advice being sought;

 

(i)       collect the incomes, disburse the payments and maintain the accounts of the University;

 

(j)       ensure that the registers of buildings, lands items of furniture and equipments are maintained up to date and that stock checking of equipment and other consumable material is conducted regularly in the University;

 

(k)      probe into any unauthorized expenditure and other financial irregularities and suggest to the competent authority, disciplinary action against persons at fault;

 

(l)       perform such other duties in respect of financial matters as may be assigned to him by the Executive Council or the Vice-Chancellor.

(3)     In the event of the post of the Finance Officer remaining vacant for any reason, the Vice-Chancellor may authorize any officer in the service of the University to exercise such powers, functions and duties of the Finance Officer as he deems fit.

(4)     The Finance Officer shall have access to such records and documents and he may require the production of such records and documents and the furnishing of such information pertaining to affairs of the University as in his opinion shall be necessary for the discharge of his duties.

Section 15 - Other Officers.

(1)     Subject to the Statutes made for the purpose every other officer or employee of the University shall be appointed under written contract setting out the conditions of service as prescribed by the Statutes which shall be lodged with the University and a copy thereof shall be furnished to the officer or employee concerned.

(2)     Any dispute arising out of the contract between the University and any of its officers or employees shall, at the request of the officer or the employee concerned, or at the instance of the University be referred to a Tribunal for arbitration consisting of three members appointed by the Executive Council as prescribed by the Ordinances.

Section 16 - The Authorities of the University.

 

The following shall be the authorities of the University:-

(i)       the General Council;

 

(ii)      the Executive Council;

 

(iii)     the Academic Council;

 

(iv)    the Finance Committee; and

 

(v)      such other authorities as may be prescribed.

Section 17 - General Council.

 

There shall be a General Council of the University which shall consist of the following members, namely:-

I.         Ex-officio Members.

(i)       The Chancellor who shall be the Chairperson of the General Council;

 

(ii)      The Additional Chief Secretary/Principal Secretary/Secretary in charge of the department of Divyangjan Sashaktikaran Vibhag or his nominee;

 

(iii)     The Commissioner for persons with disabilities, Government of Uttar Pradesh;

 

(iv)    The Chairperson, Rehabilitation Council of India or his nominee;

 

(v)      The Vice-Chancellor of the University, who shall be the Secretary of the General Council.

II.       Nominated Members.

(i)       a Vice-Chancellor of a University of Uttar Pradesh to be nominated by the State Government;

(ii)      four persons of eminence to be nominated by the State Government;

Section 18 - Term of office of members of the General Council.

 

(1)     The term of the office of the nominated members of the General Council shall, subject to the provision of sub-section (2) and (3), be two years.

 

(2)     A nominated member of the General Council shall cease to be such member if his nomination as such is withdrawn by the nominating body or person, as the case may be.

 

(3)     A nominated member of the General Council shall cease to be a member, if he resigns or becomes of unsound mind, or becomes insolvent or is convicted of a criminal offence involving moral turpitude or if a member other than the Vice- Chancellor accepts a full time appointment in the University or if he fails to attend three consecutive meetings of the General Council without the leave granted by the Chairperson or acts against the interests of the University.

 

(4)     A nominated member of General Council may resign his office by a letter addressed to the Chairperson and such resignation shall take effect as soon as it is accepted by the Chairperson.

 

(5)     Any vacancy in the General Council shall be filled by nomination, of a person by the respective authority entitled to make the same and the person so nominated shall hold office so long only as the member in whose place he is nominated could hold office if the vacancy had not occurred.

Section 19 - Powers of the General Council.

 

The General Council shall have the following powers, namely:-

(i)       to exercise the powers and functions of the University referred to in section 7 except where such powers are given to some other authority or officer of the University under the provisions of this Act;

 

(ii)      to review from time to time the broad policies, and programmes of the University and to take measures for the improvement and development of the University;

 

(iii)     to consider and pass resolutions as deemed fit on the annual report, financial estimates, annual accounts and the audit reports on such accounts;

 

(iv)    to delegate all or any of its powers to the Vice-Chancellor or any committee or any sub-committee or to any one or more of its members, and

 

(v)      to perform such other functions as it may deem necessary for the efficient functioning and administration of the University.

Section 20 - Meetings of the General Council.

 

(1)     The General Council shall meet at least once in a year.

 

(2)     The Chairperson shall preside over the meeting of the General Council and in his absence, any member duly authorized by the Chairperson shall preside over the meeting.

 

(3)     One third of the total number of members of the General Council shall form a quorum for a meeting.

 

(4)     Each member shall have one vote and if there be equality of votes on any question to be determined by the General Council, the Chairperson or the person presiding over the meeting shall, in addition, have a casting vote.

 

(5)     If urgent action by the General Council becomes necessary, the Chairperson may permit the business to be transacted by circulation of papers to the members of the General Council. The action proposed to be taken shall not be taken unless agreed to by one-third of the total members of the General Council. The action so taken shall be forthwith intimated to all the members of the General Council and the papers shall be placed before the next meeting of the General Council for confirmation.

 

(6)     A report of the working of the University during the previous year, together with a statement of receipts and expenditure, the balance sheet as audited, and the financial estimate shall be presented by the Vice-Chancellor to the General Council in the annual meeting.

Section 21 - The Executive Council.

 

(1)     The Executive Council shall be chief executive body of the University.

(2)     The administration, management and control of the University and the income thereof shall be vested in the Executive Council which shall control and administer the property and funds of the University.

Section 22 - Constitution of the Executive Council.

(1)     The Executive Council shall consist of the following members, namely:-

(i)       The Vice-Chancellor;

(ii)      The Director, Divyangjan Sashaktikaran Vibhag, Government of Uttar Pradesh;

(iii)     The Director, Higher Education, Government of Uttar Pradesh;

(iv)    The Registrar of the University;

(v)      Three eminent persons in the field of education nominated by the Chancellor;

(vi)    Three persons of social eminence nominated by the State Government;

(vii)   Two whole time senior Professors of the University, by rotation according to seniority;

(2)     The Vice-Chancellor shall be the Chairperson of the Executive Council and the Registrar shall be the Secretary of the Executive Council.

Section 23 - Term of Office of member of the Executive Council.

 

(1)     Where a person has become a member of the Executive Council by reason of the office or appointment he holds, his membership shall terminate when he ceases to hold that office or appointment.

(2)     A nominated member of the Executive Council shall cease to be a member thereof if he resigns or becomes of unsound mind or becomes insolvent or is convicted of a criminal offence involving moral turpitude or, if member other than, the Vice-Chancellor or a member of a faculty accepts a full time appointment in the University or if he fails to attend three consecutive meetings of the Executive Council without the leave granted by the Chairperson of the Executive Council or acts against the interests of the University.

(3)     Nominated members of the Executive Council shall relinquish their membership on the expiry of three years from the date on which they become members of the Executive Council unless the membership of the Executive Council is previously terminated as provided in the foregoing sub-sections but shall be eligible for re-nomination or re-appointment, as the case may be.

(4)     A member of the Executive Council other than ex-officio member may resign his office by a letter addressed to the Chairperson of the Executive Council and such resignation shall take effect as soon as it is accepted by the Chairperson of the Executive Council.

(5)     Any vacancy in the Executive Council shall be filled either by appointment or nomination, as the case may be, by the respective authority empowered to make such appointment or nomination and on the expiry of the period of the vacancy such appointment or nomination shall cease to be effective.

Section 24 - Powers and functions of the Executive Council

 

Without prejudice to the provisions of section (21), the Executive Council shall have the following powers and functions:-

(i)       to create teaching posts in the University and to determine the qualifications, emoluments and duties attached thereto with the prior approval of the State Government after considering the recommendations of the Academic Council;

(ii)      to appoint from time to time, Professors, Associate Professors, Lecturers, other members of the teaching staff, the Librarian and such other members of the teaching staff as may be necessary on the recommendations of the Selection Committee constituted by statutes for the purpose;

(iii)     to create administrative, ministerial and other necessary posts to determine the minimum qualifications and emoluments of such posts with the prior approval of the State Government;

(iv)    to manage and regulate the finances, accounts investments, property, business and all other administrative affairs of the University;

(v)      to invest any money belonging to the University including any unapplied income in such stock funds, shares or securities, as it may, from time to time deem fit or in the purchase of immovable property in India, with the like power of varying such investments from time to time;

(vi)    to transfer or accept transfers of any movable or immovable property on behalf of the University:

Provided that no immovable property shall be transferred to the third party without the prior approval of the State Government;

(vii)   to enter into, vary, carryout and cancel contracts on behalf of the University and for that purpose to appoint such officers as it may deem fit;

(viii)  to provide the buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University;

(ix)    to entertain, adjudicate and to redress any grievances of the Officers, the teachers, students and employees of the University who may, for any reason, feel aggrieved;

(x)      to appoint examiners and moderators, and if necessary to remove them and to fix their fees, emoluments and traveling and other allowances, after consulting the Academic Council;

(xi)    to select a common seal for the University and to provide for the custody of the seal;

(xii)   to make such statutes as may, from time to time be considered necessary for regulating the affairs and the management of the University and to alter, modify and to rescind them;

(xiii)  to delegate any of its powers except the powers to make statutes to any Officer or Authority either temporarily or permanently; and

(xiv)  to exercise such other powers and to perform such other duties as may be conferred or imposed on it by or under this Act.

Section 25 - Reservation in admissions and appointment.

 

(1)     The Executive Council may, by statutes, provide for reservations of seats to the residents of the State of Uttar Pradesh and members of Scheduled Castes, Scheduled Tribes and Other Backward Classes as defined in the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 in admission to the various courses.

(2)     The Executive Council shall, by statutes, provide for not less than fifty percents seats reserved for persons with disabilities in admissions to the various courses.

(3)     The provisions of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 and the orders and instructions issued from time to time by the State Government with respect to reservation shall be applicable to the posts to be filled by direct recruitment or by promotion in every existing teaching or non-teaching staff of the University.

Section 26 - Meetings of the Executive Council.

 

(1)     The Executive Council shall meet at least once in three months and not less than fifteen days notice shall be given to the members thereof for such meeting.

(2)     The Chairperson of the Executive Council shall preside over a meeting of the Executive Council, and in his absence the members present shall elect a person from amongst themselves to preside over the meeting.

(3)     One-third of the total number of members of the Executive Council, shall form the quorum at any meeting thereof.

(4)     Each member of the Executive Council shall have one vote and if there shall be equality of votes on any question to be determined by the Executive Council, the Chairperson of the Executive Council, or as the case may be, the member presiding over that meeting shall, in addition, have a casting vote.

Section 27 - Constitution of Standing Committee and appointment of ad-hoc committees by the Executive Council.

 

(1)     Subject to the provisions of this Act or the statutes made in this behalf the Executive Council may by resolution, constitute such standing committees or appoint ad-hoc committees for such purposes and with such powers as it may think fit for exercising any power or discharging any function of the University or for enquiring into, reporting or advising upon any matter relating to the University.

(2)     The Executive Council may co-opt persons to a standing committee or an ad-hoc committee as it considers suitable and may permit them to attend the meetings of the Executive Council.

Section 28 - Academic Council.

 

The Academic Council shall be the academic body of the University and shall, subject to the provision of this Act and the Statutes, have power of control and general regulation of and be responsible for the maintenance of standards of instructions, education and examination of the University and shall exercise such other powers and perform such other functions as may be conferred upon or assigned to it by this Act or the Statutes. It shall have the right to advise the Executive Council on all academic matters.

Section 29 - Constitution of the Academic Council.

 

(1)     The Academic Council shall consist of the following members, namely:-

(i)       the Vice-Chancellor, who shall be the Chairperson thereof;

(ii)      three persons from amongst the educationists of repute or men of letters or members of any profession or eminent public men, who are not in service of the University nominated by the Chairperson in consultation with the General Council;

(iii)     all the Heads of the Departments of the University;

(iv)    one Professor for each Department nominated by the Vice-Chancellor by rotation to be;

(v)      two members of the teaching staff, one each representing the Professor and the Associate Professor of the University.

(2)     The term of the members other than ex-officio members shall be two year.

(3)     Where a person has become a member of the Academic Council by reason of the office or appointment he holds, his membership shall terminate when he ceases to hold such office of appointment.

(4)     A member of the Academic Council shall cease to be a member thereof if he resigns or becomes of unsound mind or becomes insolvent or is convicted of a criminal offence involving moral turpitude or if a member other than the Vice Chancellor or a member of faculty accepts full time appointment in the University or if he fails to attend three consecutive meetings of the Academic Council without the leave of the Chairperson of the Academic Council.

(5)     Unless the membership of the Academic Council thereof is previously terminated as provided in the foregoing sub-sections, the nominated members of the Academic Council shall relinquish their offices on the expiry of two years from the date on which they become member of the Academic Council but shall be eligible for re- nomination or re- appointment, as the case may be.

(6)     A member, of the Academic Council other than an ex-officio member may resign his office by a letter addressed to the Chairperson of the Academic Council and such resignation shall take effect as soon as it has been accepted by the Chairperson of the Academic Council.

(7)     Any vacancy in the Academic Council shall be filled either by appointment or nomination, as the case may be, by the respective authorities to make the same.

Section 30 - Powers and duties of the Academic Council.

 

Subject to the provisions of this Act or the statutes, the Academic Council shall in addition to all other powers vested in it, have the following powers, namely:-

(i)       to report on any matter referred to or delegated to it by the General Council or the Executive Council;

(ii)      to make recommendations to the Executive Council with regard to the creation, abolition or classification of teaching posts in the University and the qualifications, emoluments and duties attached thereto;

(iii)     to formulate and modify or revise schemes for organization of the faculties and to assign to such faculties their respective subjects and also to report the Executive Council as to the expediency of the abolition or sub division of any faculty or the combination of one faculty with another;

(iv)    to promote research within the University and to require, from time to time, report on such research;

(v)      to consider proposals submitted by the faculties;

(vi)    to lay norms and to appoint committees for admission to the University;

(vii)   to recognize diplomas and degrees of other Universities and Institutions and to determine their equivalence in relation to the diplomas and degree of the University;

(viii)  to fix, subject to any conditions accepted by the General Council, the time, mode and conditions of competitions for fellowship, scholarship and other prizes and to award the same;

(ix)    to make recommendations to the Executive Council in regard to the appointment of examiners and if necessary, their removal and the fixation of their fees, emoluments and travelling and other expenses;

(x)      to make arrangements for the conduct of examinations and to fix dates for holding them;

(xi)    to declare the results of the various examinations or to appoint committees or officers to do so, and to make recommendations regarding the conferment or grant of degrees, honors, diplomas, licenses, titles and marks of honor;

(xii)   to award stipends, scholarship, medals and prizes and to make other awards in accordance with the regulations and such other conditions as may be attached to the awards;

(xiii)  to publish list of prescribed or recommended text books and to publish syllabus of the prescribed courses of study;

(xiv)  to prepare such forms and registers as are, from time to time, prescribed by Statutes; and

(xv)   to perform, in relation to academic matters, all such duties and to do all such acts as may be necessary for the proper carrying out the provisions of this Act and the statutes.

Section 31 - Meeting of the Academic Council.

 

(1)     The Academic Council shall meet as often as may be necessary, but not less than twice during an academic year.

(2)     The Chairperson of the Academic Council shall preside over the meeting of the Academic Council, and in his absence, the members present shall elect a person from amongst themselves to preside over the meeting.

(3)     One third of the total number of members of the Academic Council shall form the quorum for a meeting of the Academic Council.

(4)     Each member of the Academic Council shall have one vote and if there shall be equality of votes on any question to be determined by the Academic Council, the Chairperson of the Academic Council, or as the case may be, the member presiding over the meeting shall, in addition, have a casting vote.

Section 32 - The Finance Committee.

 

(1)     There shall be a Finance Committee consisting of the following members, namely:-

(i)       the Vice-Chancellor who shall be the chairperson thereof;

(ii)      one professor, by rotation, to be nominated by the General Council;

(iii)     one member nominated by the Executive Council from amongst its members;

(iv)    the Registrar;

(v)      the Finance Officer who shall be its Member Secretary.

(2)     The nominated members of the Finance Committee shall hold office for a period of two years.

(3)     The Finance Committee shall have the following powers, duties and functions, namely:-

(i)       to examine and scrutinize the annual budget of the University and to make recommendations on financial matters to the Executive Council;

(ii)      to consider all proposals for new expenditure and to make recommendations to the Executive Council;

(iii)     to consider the periodical statements of accounts and to review the finances of the University from time to time and to consider re-appropriation statements and audit reports to make recommendations to the Executive Council;

(iv)    to give its views and to make recommendations to the Executive Council on any financial matter affecting the University either on its own initiative or on reference from the Executive Council or the Vice Chancellor.

(4)     Unless a proposal having financial implication has been recommended by the Finance Committee, the Executive Council shall not take decision thereon and if the Executive Council disagrees with the recommendations of the Finance Committee, it shall return the proposal to the Finance Committee with the reason for the disagreement and if the Executive Council again disagrees with the recommendations of the Finance Committee then the decision of the Executive Council shall be final.

Section 33 - Other Authorities.

 

The constitution, powers and functions of the other authorities of the University shall be such as may be prescribed.

Section 34 - Proceedings of Authorities of Bodies not invalid.

 

(1)     Notwithstanding that the General Council , the Executive Council, the Academic Council or any other authority or body of the University is not duly constituted or there is a defect in its constitution or re - constitution at any time, no act or proceeding of any authority, committee or body of the University shall be invalid merely by reasons of-

(a)      any vacancy in or defect in the constitution thereof, or

(b)      any defect in the election, nomination or appointment of a person acting as a member thereto; or

(c)      any irregularity in its procedure not affecting the merits of the case.

(2)     No resolution of any authority or body of the University shall be deemed to be invalid on account of any irregularity in the service of notice upon any member Provided that the proceedings of such authority or body if not prejudicially affected by such irregularity.

Section 35 – Statutes.

 

Subject to the provisions of this Act, the Statutes may provide for any of the following matters, namely:-

(a)      the constitution, power and duties of the authorities of the University;

(b)      the selection, 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 or desirable to provide;

(c)      the powers and duties of the officers, teachers, staff/employees of the University;

(d)      the classification and recruitment (including minimum qualifications 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 voluntarily/compulsory retirement etc.);

(e)      the recruitment (including minimum qualification, experience) and their emoluments and other conditions of service (including provisions relating to voluntarily/compulsory retirement) of persons appointed to other posts under the University;

(f)       the constitution of pension, provident fund, gratuity, General Insurance Scheme (GIS), medical allowance, insurances, Leave Travel Concession, two children fee reimbursements, family pension, soft loans etc and other allowances/emoluments, establishment of insurance schemes for the benefit of officers, teachers, staff/employees of the University;

(g)      the institution of degree, diplomas, post graduate diplomas and other academic distinctions;

(h)     the conferment of honorary degrees;

(i)       the withdrawal of degrees and diplomas and other academic distinctions;

(j)       the establishment, amalgamation, abolition and recognition of entities;

(k)      the leave and other rules, if not stated here, of University shall be same as rules of U.P. Government;

(l)       the establishment, abolition and recognition of halls and hostels maintained by the University;

(m)    the institution of scholarships, fellowships, studentships, bursaries, medals, enough financial prizes for research along with certificates, awards etc.;

(n)     the holding of convocation;

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

Section 36 - Power to amend the Statutes.

 

The General Council may, with the prior approval of the State Government, make new or additional Statutes or amend or repeal the Statutes.

Section 37 – Ordinances.

 

(1)     Subject to the provisions of this Act or the Statutes, the Ordinances may provide for all or any of the following matters, namely:-

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

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

(c)      the award of degrees and other academic distinctions:

(d)      the conditions of the award of fellowships, scholarships, studentships, medals and prizes;

(e)      the conduct of examinations and the conditions and mode of appointment and duties of examining bodies, examiners, invigilators, tabulators and moderators;

(f)       the fee to be charged for admission to the examinations, degrees and other academic distinctions of the University;

(g)      the conditions of residence of the students at the University or a constituent college;

(h)     maintenance of discipline among the students of the University or a constituent college;

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

(2)     The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the State Government and the Ordinances so made be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes.

Section 38 - Power to amend Ordinances.

 

The Academic Council may, with the approval of Executive Council, make new or additional Ordinances or amend or repeal the Ordinances, subject to the approval of the State Government.

Section 39 - Selection Committee.

 

(1)     The Executive Council shall constitute a Selection Committee for making recommendations to the Executive Council for appointment to the posts of teachers and other employees in the University.

(2)     The selection committee shall consist of the following members, namely:-

(i)       the Vice-Chancellor who shall be the Chairperson of the Committee for all teaching posts and the non-teaching posts of Group' A' and Group 'B';

(ii)      the Registrar shall be the Chairperson of the committee for all non- teaching posts of Group 'C' and Group 'D';

(iii)     the Head of the Department concerned, if any who is not lower in rank than that of the post for which selection is to be made;

(iv)    (a) Where an appointment is to be made for any teaching post, three experts nominated by the Chancellor from amongst a panel of names recommended by the Academic Council and approved by the Executive Council:

Provided that till the constitution of Academic Council and Executive Council the above referred experts shall be nominated by the Vice-Chancellor.

(b) Where an appointment is to be made to any post other than concerned with teaching, the Registrar shall constitute the selection committee as per the Provisions of the Uttar Pradesh Procedure for Direct Recruitment for Group "C" Posts (Outside the Preview of The Uttar Pradesh Public Service Commission) Rules, 2002 as amended from time to time.

Section 40 - Procedure of appeal and arbitration in disciplinary cases against students.

 

(1)     The final authority responsible for maintenance of discipline among the students of the University shall be the Vice-Chancellor. His directions in that behalf shall be carried out by the Heads of the Department, hostels and institutions of the University.

(2)     Notwithstanding anything contained in sub-section (1) the punishment of debarring a student from the examination or rustication from the University or a hostel or an institution, shall on the report of the Vice-Chancellor be considered and imposed by the Executive Council:

Provided that no such punishment shall be imposed without giving to the student concerned a reasonable opportunity of being heard.

Section 41 - Right to appeal.

 

Every employee or student of the University or of a constituent college shall, notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed, to the Executive Council against the decision of any officer or authority of the University or of the principal of any such college, as the case may be, and thereupon the Executive Council may confirm, modify or reserve the decision appealed against.

Section 42 - Provident and pension funds.

 

The University shall constitute for the benefit of its employees such provident or pension fund and provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed.

Section 43 - Disputes as to constitution of authorities and bodies of the University.

 

If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or any body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.

Section 44 - Constitution of committees.

 

Where any authority of the University is given power by this Act or the Statutes to appoint committees, such committees shall, save as otherwise provided, consist of any or all the members of the authority concerned and of such other persons, if any, as the authority in each case may think fit.

Section 45 - Filling of casual vacancies.

 

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 member 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.

Section 46 - Transitional provisions.

 

(1)     Notwithstanding anything contained in this Act and the statutes the first Vice-Chancellor shall be appointed by the State Government for three years in such manner and on such conditions as may be deemed fit. The Vice-Chancellor may, with the previous approval of the State Government and subject to the availability of funds, discharge all or any of the functions of the University for the purpose of carrying out the provisions of this Act and the Statutes and for that purpose he may exercise any powers or perform any duties, which by this Act and the Statutes are to be exercised or performed by any authority of the University until such authority comes into existence as provided by this Act and the statutes.

(2)     Till such time as the first Ordinances are not made under sub-section (2) of section 37, in respect of the matters that are to be provided for by the Ordinances under or the Statutes under this Act, the relevant provisions of the Statutes and the Ordinances made immediately before the commencement of this Act under the provisions of the Uttar Pradesh Jagadguru Rambhadracharya Divyang University Act, 2001 (U.P. Act 32 of 2001) shall be applicable insofar as they are not inconsistent with the provisions of this Act.

Section 47 - Permanent endowment fund.

 

(1)     The University shall establish a permanent endowment fund of at least rupees five crores which may be increased by notification issued in this behalf by the State Government, from time to time.

(2)     The University shall have 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.

Section 48 - Fund of the University.

 

(1)     The University shall establish a Fund to be called the "University Fund" consisting of,-

(i)       any contribution or grant or loan by the State Government and Central Government;

(ii)      the income of the University from all sources;

(iii)     the money received by the University by way of grants, loans, gifts, donations, benefactions, bequests or endowments and other grants, if any;

(iv)    the money received by the University from the collaborating industries in terms of the provisions of the Memorandum of Understanding entered between the University and the industry, for establishment of sponsored chairs, fellowships or infrastructure facilities of the University; and

(v)      the money received by the University in any other manner or from any other sources.

(2)     The surplus fund of the University shall be deposited in Nationalised Banks or invested in such manner by the Executive Council on the recommendation of the Finance Committee or as per instructions of the State Government from time to time in that behalf.

(3)     The Fund of the University shall be applied towards the expenses of the University including expenses incurred in the exercise of its powers and discharge of its functions by or under this Act.

Section 49 - Maintenance of the fund.

 

(1)     The Annual Accounts and the balance sheet of the University shall be prepared under the directions of the Executive Council.

(2)     The accounts of the University shall, at least once in a year, be audited by the Director, Local Funds Accounts, Uttar Pradesh or by such person or persons as the State Government may authorize in this behalf.

(3)     The accounts when audited shall be published by the Executive Council and a copy of the accounts together with the audit report shall be placed before the General Council and shall also be submitted to the State Government.

(4)     The Annual Accounts shall be considered by the General Council at its annual meeting. The General Council may pass resolutions with reference thereto and communicate the same to the Executive Council. The Executive Council shall consider the suggestions made by the General Council and take such action thereon as it deems fit. The Executive Council shall inform the General Council at it's next meeting, all actions taken by it or the reasons for not taking actions.

Section 50 - Annual report.

 

(1)     The Executive Council shall prepare before such date as may be prescribed by the Statutes, the financial estimates for the ensuing year and place the same before the General Council.

(2)     The Executive Council may, in case where the expenditure in excess of the amount provided in the budget is to be incurred or in cases of urgency for reasons to be recorded in writing, incur expenditure subject to such restrictions and conditions as may be prescribed. Where no provision has been made in the budget in respect of such excess expenditure a report shall be made to the General Council at its next meeting.

Section 51 – Surcharge.

 

(1)     An officer specified in section 8 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.

Section 52 - Mode of proof of University record.

 

 A copy of any receipt, application, notice, order, proceeding or resolution of any authority or committee of the University, or other documents in possession of the University or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein recorded where the original thereof would, if produced have been admissible in evidence.

Section 53 – Indemnity.

 

No suit, prosecution or other legal proceedings shall lie against and no damages shall be claimed from the University, the Vice-Chancellor, the authorities or officers of the University or any other person in respect of anything which is done or purported to have been done in good faith in pursuance of this Act or any statutes.

Section 54 - Power to issue directions.

 

The State Government shall have the powers to issue direction from time to time as may required for compliance of the provision of this Act and the Statutes made thereunder and any other law for the time being in force and the University shall be bound to comply with such directions.

Section 55 - Execution of contracts.

 

All contracts relating to the management and administration of the University shall be expressed as made by the Executive Council, and shall be contracts executed by the Vice-Chancellor where the value of the contracts is above ten lakh rupees and by the Registrar, where its value does not exceed ten lakh rupees.

Section 56 - Removal of difficulties.

 

(1)     The State Government may for the purpose of removing difficulties particularly in relation to the transition from the existing provisions of the Uttar Pradesh Jagadguru Rambhadracharya Divyang University Act, 2001 to the provisions of this Act, by order published in Gazette, may direct that 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 to be necessary or expedient:

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

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

(3)     No order under sub-section (1) shall be called in question in any council on the ground that no difficulty as is referred to in sub-section (1) existed or required to be removed.

Section 57 - Transfer of Property.

 

The State Government may transfer to the University buildings, lands and any other property whether movable or immovable for use and management by the University on such conditions and subject to such limitations as the State Government may deem fit for the purposes of this Act.

Section 58 - Sponsored schemes.

 

Whenever the University receives funds, from any Government, the University Grants Commission or other agencies sponsoring a scheme to be executed by the University, notwithstanding anything in this Act and Statutes,

(a)      the amount so received shall be kept by the University separately from the Fund of the University and utilized only for the purposes of the scheme; and

(b)      the staff required to execute the scheme shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organization.

Section 59 - Grant of degree, diploma etc. by the University.

 

The University shall have power to grant Degrees, Diplomas and other academic distinctions and titles under this Act.

Section 60 - Honorary Degree.

 

If not less than two - third of the members of Academic Council, recommend that an honorary degree or academic distinction be conferred on any person on the ground that he is in their opinion by reason of eminent attainment and position, fit and proper to receive such degrees or academic distinction, the General Council may by a resolution, decide that the same may be conferred on the person recommended.

Section 61 - Withdrawal of a Degree or a Diploma.

 

(1)     The General Council, may, on the recommendation of the Executive Council, withdraw any distinction, degree diploma or privilege conferred on or granted to any person by a resolution passed by the majority of the total membership of the General Council and by a majority of not less than two - third of the members of the General Council present and voting at the meeting, if such person has been convicted by a Court of law, for an offence , which in the opinion of the General Council involves moral turpitude or if he has been guilty of gross - misconduct.

(2)     No action under this section shall be taken against any person unless he has been given an opportunity to show cause against the action proposed to be taken.

(3)     A copy of the resolution passed by the General Council shall be immediately sent to the person concerned.

(4)     Any person aggrieved by the decision taken by the General Council may appeal to the Chancellor within thirty days from the date of the receipt of such resolution.

(5)     The decision of the Chancellor in such appeal shall be final.

Section 62 - State Government's power of Inspection and inquiry.

 

(1)     The State Government shall have the power to cause an inspection to be made by such person or persons as it may direct of the University, its buildings, libraries, laboratories, museum, workshop, and equipments, institution or centre maintained and also of the teaching, and other works conducted by the University and of the conduct of examination held by the University, and to cause an inquiry to be made in like manner in respect of any matter connected with the administration, academic affairs and finances of the University.

(2)     The State Government shall in every matter referred to in sub-section (1) give notice to the University of its intention to cause an inspection or an inquiry to be made and the University shall be entitled to be represented thereat.

(3)     The State Government shall communicate to the University its views with reference to results of such inspection or inquiry and advise the University for the action to be taken in the matter.

(4)     Where the University does not, within the reasonable time, take action to the satisfaction of the State Government, the State Government may issue such directions to the University as it thinks fit and the University shall comply with such directions.

Section 63 - Repeal and savings.

 

(1)     The Uttar Pradesh Jagadguru Rambhadracharya Divyang University Act, 2001 (Act no. 32 of 2001) (U.P. Act no. 32 of 2001 U.P.) and the Uttar Pradesh Jagadguru Rambhadracharya Divyang State University Ordinance, 2023 (Ordinance no. 13 of 2023) are hereby repealed.

(2)     Notwithstanding such repeal all appointment made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done (including the registration of graduates) under the Uttar Pradesh Jagadguru Rambhadracharya Divyang University Act, 2001 ( U.P. Act no. 32 of 2001) shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this Ordinance and, except as otherwise provided by this Ordinance or the Statutes, continue in force unless and until they are superseded by any order made under this Ordinance or the Statutes.

(3)     Notwithstanding such repeal anything done or any action taken. Under the Uttar Pradesh Jagadguru Rambhadracharya Divyang State University Ordinance, 2023 shall be deemed to have been done or taken under the corresponding provision of this Act.