[Act
No. 32 of 2001] [05th
October, 2001] An Act to
establish and incorporate a University sponsored by Jagadguru Rambhadracharya
Viklang Shikshan Sansthan, Chitrakootdham, in the State and for matters
connected therewith or incidental thereto It is hereby enacted in the
Fifty-second Year of the Republic of India as follows: (1)
This Act may be called the Uttar Pradesh
Jagadguru Rambhadracharya Handicapped University Act, 2001. (2)
It shall be deemed to have come into force on
August 7, 2001. (1)
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)
"distance education system" means
the system of imparting education through any means of communication such as
broadcasting, telecasting, correspondence course, seminar, contact programme or
a combination of any two or more such means; (d)
"employee" means an employee
appointed by the University, and includes teachers and other staff of the
University or a constituent college; (e)
"faculty" means a faculty of the
University; (f)
"hall" means a unit of residence
for students maintained or recognised by the University, or a constituent
college; (g)
"Handicapped" means physically
Handicapped; (h)
"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; (i)
"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; (j)
"prescribed" means prescribed by
the Statutes; (k)
"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; (l)
"Statutes" and
"Ordinances" means, respectively, the Statutes and Ordinances of the
University; (m)
"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; (n)
"University" means the Jagadguru
Rambhadracharya Handicapped University established under this Act. (2)
The expression "Physically
Handicapped" shall have the meaning assigned to it in the Uttar Pradesh
Public Services (Reservation for Physically Handicapped, Dependents of Freedom
Fighters and Ex-Servicemen) Act, 1993, as amended from time to time. (1)
The Jagadguru Rambhadracharya Sansthan shall
have the right to establish the University in accordance with the provisions of
this Act. (2)
The Jagadguru Rambhadracharya Sansthan shall,
for the purposes of establishing the University under this Act, fulfil the
following conditions, namely: (a)
acquire such area of land as the State
Government may consider necessary for the establishment of the University; (b)
create a permanent endowment fund, general
fund and development fund for the purposes of this Act; (c)
arrange infrastructure and other facilities
necessary for making the University functional; (d)
make the first Statutes and the first
Ordinance; and (e)
such other conditions as may be required by
the State Government to be fulfilled before the establishment of the
University. (3)
Where the State Government is satisfied that
the Jagadguru Rambhadracharya Sansthan has fulfilled the conditions specified
in sub-section (2), the State Government shall issue to the Jagadguru
Rambhadracharya Sansthan a certificate of authorisation for the establishment
of the University. (4)
On receipt of the certificate of
authorisation under sub-section (3), the Jagadguru Rambhadracharya Sansthan
shall establish at Chitrakootdham the University by the name of Jagadguru
Rambhadracharya Handicapped University. (5)
The Chancellor, the Vice-Chancellor, members
of the Board of Governors, members of the Board of Management and the Academic
Council for the time being holding office as such in the University shall
constitute a body corporate by the name of the University. (6)
On the establishment of the University under
sub-section (4), the land and other movable and immovable properties acquired,
created, arranged or built by the Jagadguru Rambhadracharya Sansthan for the
purposes of the University shall stand transferred to and vest in, the
University. The University shall not be
entitled to any grant-in-aid or any other financial assistance from the State
Government or any oilier body or corporation owned or controlled by the State
Government. The University may have
constituent colleges but shall have no power to admit any other college or
institution to the privileges of affiliation. The University shall have
the following powers, namely: (a)
to provide for instruction in Information
Technology and such other branches of learning as the University may think fit
and to make provision for research and for the advancement and dissemination of
knowledge; (b)
to institute and confer degrees or other
academic distinctions; (c)
to hold examinations for, and to grant and
confer degrees or other academic distinctions to, and on, persons, who- (i)
have pursued a course of study in the
University or in a constituent college or under a distance education system; or (ii)
have carried on research in the University or
in a constituent college or under a distance education system; (d)
to confer honorary degree or other academic
distinctions in the manner and under conditions laid down in the Statutes; (e)
to institute and award fellowships,
scholarships, studentships, exhibitions and prizes in accordance with the
Statutes; (f)
to demand and receive such fees and charges
as may be fixed by the Statutes or Ordinances, as the case may be; (g)
to make provisions for the advancement of
education in Information Technology and such other branches of learning as the
University may think fit; (h)
to make provisions for extracurricular
activities for students and employees; (i)
to make appointments of officers and
employees of the University or a constituent college; (j)
to receive benefactions, donations and gifts
and to acquire, hold, manage and dispose of any movable or immovable property,
including trust and endowment properties for the purposes of the University or
a constituent college; (k)
to institute and maintain halls and to
recognise places of residence for students of the University or a constituent
college; (l)
to supervise and control the residence, and
to regulate the discipline, of the students of the University or a constituent
college and to make arrangements for promoting their health; (m)
to create administrative, ministerial and
other necessary posts; (n)
to co-operate or collaborate with other
Universities in such manner and for such purposes as the University may
determine from time to time; (o)
to provide distance education system; (p)
to organise and conduct refresher courses,
orientation courses, workshops, seminars and other programmes for teachers,
evaluators and other academic staff; (q)
to determine standards of admission to the
University or a constituent college; (r)
to make special provisions for students
belonging to the Scheduled Castes, the Scheduled Tribes and other categories
for admission in any course of study in the University or in a constituent
college in accordance with the orders of the State Government; (s)
to lay down conditions of service of all
categories of employees of the University or a constituent college; (t)
to borrow on the security of the property of
the University for the purposes of the University or a constituent college; (u)
to do all such other acts or things whether
incidental to the powers aforesaid or not, as may be necessary to further the
objects of the University. The University shall be open
to Handicapped persons only irrespective of class, creed or sex: Provided that nothing in
this section shall be deemed to prevent the University from making special
provisions for-admission of students belonging to the Scheduled Castes, the
Scheduled Tribes, Other Backward Classes of citizens and such other categories
as may be specified by the State Government in this behalf: Provided further that
nothing in this section shall be deemed to require the University or a
constituent college to admit in any course of study a larger number of students
than may be determined by the Statutes. Every student of the
University, other than a student who pursues a course of study by distance
education system, shall ordinarily reside in a Hall under such terms and
conditions as may be prescribed by the Ordinances. The following shall be the
officers of the University: (a)
the Chancellor; (b)
the Vice-Chancellor; (c)
the Pro-Vice-Chancellor; (d)
the Deans of Faculties; (e)
the Registrar; (f)
the Finance Officer; and (g)
such other officers as may be declared by the
Statutes to be officers of the University. (1)
The Chancellor shall be nominated by the
State Government. (2)
The Chancellor shall, by virtue of his
office, be the head of the University. (3)
The term of office of the Chancellor shall be
three years or such longer period as may be notified by the State Government. (4)
The Chancellor shall have such powers as may
be conferred on him by this Act or the rules made thereunder. (5)
Every proposal for the conferment of an
honorary degree or distinction shall be subject to the confirmation of the
Chancellor. (6)
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. (1)
The Vice-Chancellor shall be appointed on
such terms and conditions and may be prescribed for a term of five years by the
Chancellor from a panel of three persons recommended by the Committee
constituted in accordance with the provisions of sub-section (2). (2)
The Committee referred to in sub-section (1)
shall consist of the following persons, namely: (a)
one person nominated by the Chancellor; (b)
Principal Secretary and Commissioner to the
State Government in the Social Welfare Department; (c)
the secretary to the State Government in the
Information Technology and Electronic Department. (d)
two nominees of the Board of Governors, one
of whom shall be nominated as the convenor of the Committee by the Board of
Governors. (3)
The Committee shall on the basis of merit,
prepare a panel of the names of three persons suitable to hold the office of
the Vice-Chancellor and forward the same to the Chancellor along with a concise
statement showing the academic qualifications and other distinctions of each
such person. (4)
The Vice-Chancellor shall be the principal
executive and academic officer of the University and shall exercise general
supervision and control over the affairs of the University and give effect to
the decisions of the authorities of the University. (5)
Where any matter other than the appointment
of a teacher 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 the
officer, authority, or other body is of opinion that such action ought not to
have been taken, 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 he thinks fit and thereupon, it shall cease to have effect
or, as the case may be, take effect in the modified form, so however, that 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 the University who is aggrieved by the action taken by
the Vice-Chancellor under this sub-section, shall have the right to appeal
against such action to the Board of Management within three months from the
date on which the decision on such action is communicated to him and thereupon,
the Board of Management may confirm, modify or reverse the action taken by the
Vice-Chancellor. (6)
The Vice-Chancellor shall exercise such other
powers and perform such other duties as may be laid down by the Statutes or the
Ordinances. 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. Deans of faculties shall be
appointed by the Vice-Chancellor in such manner and shall exercise such powers
and perform such duties as may be prescribed. (1)
The Registrar shall be appointed by the
Chancellor in such manner and on such terms and conditions as may be
prescribed. (2)
All contracts shall be entered into and
signed by the Registrar on behalf of the University. (3)
The Registrar shall have the power to
authenticate records on behalf of the University and shall exercise such other
powers and perform such other duties as may be prescribed or may be required
from time to time, by the Chancellor or the Vice-Chancellor. (4)
The Registrar shall be responsible for the
due custody of the records and the common seal of the University and shall be
bound to place before the Chancellor, the Vice-Chancellor or any other
authority, all such information and documents as may be necessary for
transaction of their business. The Finance Officer shall be
appointed by the Chancellor in such manner and shall exercise such powers and
perform such duties as may be prescribed or may be required by the Chancellor,
the Vice-Chancellor or the Registrar. The manner of appointment,
terms and conditions of service and powers and duties of the other officers of
the University shall be such as may be prescribed. The following shall be the
authorities of the University, namely: (a)
the Board of Governors; (b)
the Board of Management; (c)
the Academic Council; (d)
the Finance Committee; and (e)
such other authorities as may be declared by
the Statutes to be the authorities of the University. (1)
The Board of Governors shall consist of- (a)
the Chancellor, who shall be the Chairperson
thereof; (b)
the Vice-Chancellor who shall be the
Member-Secretary; (c)
three persons nominated by the Jagadguru
Rambhadracharya Sansthan; (d)
Secretary to the State Government in the
Vikland Kalyan Department or his nominee not below the rank of Special
Secretary to the State Government: and (e)
one academician nominated by the University
Grants Commission. (2)
The Board of Governors shall be the principal
governing body of the University and shall have the following powers, namely: (a)
to review decisions of the other authorities
of the University if they are not in conformity with the provisions of this
Act, or the Statutes or the Ordinances; (b)
to approve the budget and annual report of
the University; (c)
to lay down policies to be pursued by the
University; (d)
to make new or additional Statutes or amend
or repeal the first Statutes; (e)
to take decision about voluntary winding-up
of the University; and (f)
to approve proposals for submission to the
State Government. (3)
The Board of Governors shall, from time to
time, meet at the intervals not exceeding six months at such time and place as
the Chancellor thinks fit. (1)
The Board of Management shall consist of,- (a)
the Vice-Chancellor; (b)
the Director, Higher Education, Uttar
Pradesh; (c)
two persons, nominated by the Jagadguru
Rambhadracharya Sansthan; (d)
three professors of the University, each from
different disciplines, by rotation on the basis of seniority; (e)
one professor from each faculty who shall be
nominated by the Chancellor; (f)
Secretary to the State Government in Viklang
Kalyan Department or his nominee not below the rank of Joint Secretary to the
State Government. (2)
The Vice-Chancellor shall be the Chairperson
of the Board of Management. (3)
The Registrar shall be the Secretary of the Board
of Management. (4)
The powers and functions of the Board of
Management shall be such as may be prescribed. (1)
The Academic Council shall consist of- (a)
the Vice-Chancellor, who shall be the
Chairperson; (b)
the Registrar, who shall be the Secretary;
and (c)
such other members as may be prescribed. (2)
The Academic Council shall be the principal
academic body of the University and shall, subject to the provisions of this
Act the rules, the Statutes and the Ordinances, coordinate and exercise general
supervision over the academic policies of the University. (1)
The Finance Committee shall consist of,- (a)
the Vice-Chancellor, who shall be the
Chairperson; (b)
the Finance Officer; (c)
one officer not below the rank of Special
Secretary to the State Government nominated by the State Government; (d)
such other members as may be prescribed. (2)
The Finance Committee shall be the principal
financial body of the University to take care of financial matters and shall,
subject to the provisions of this Act, the rules, the Statutes and the
Ordinances, co-ordinate and exercise general supervision over the financial
matters of the University. The constitution, powers and
functions of the other authorities of the University shall be such as may be
prescribed. No act or proceeding of any
authority of the University shall be invalid merely by reason of the existence
of any vacancy or defect in the constitution of the authority. Subject to the provisions of
this Act, and the rules, the Statutes may provide for any matter relating to
the University and shall, in particular, provide for- (a)
the procedure for transaction of business of
the authorities of the University and the composition of bodies not specified
in this Act; (b)
the operation of the permanent endowment
fund, the general fund and the development fund; (c)
the terms and conditions of appointment of
the Vice-Chancellor, the Registrar and the Finance Officer and their powers and
functions; (d)
the mode of recruitment and the conditions of
service of the other officers, teachers and employees of the University; (e)
the procedure for resolving of disputes
between the University and its officers, faculty members, employees and
students; (f)
creation, abolition or restructuring of
departments and faculties; (g)
the manner of co-operation with other
Universities or institutions of higher learning; (h)
the procedure for conferment of honorary
degrees; (i)
provisions regarding grant of freeships and
scholarships; (j)
number of seats in different courses of
studies and the procedure of admission of students to such courses including
reservation of seats; (k)
the fee chargeable from students for various
courses of studies; (l)
institution of fellowships, scholarships,
studentships, freeships, medals and prizes; (m)
procedure for creation and abolition of
posts; (n)
other matters which are to be or may be
prescribed. The first Statutes shall be
made by the Jagadguru Rambhadracharya Sansthan and the Statutes so made shall
be submitted to the State Government for its approval which may give its
approval with or without modification. The Board of Governors may,
with the prior approval of the State Government, made new or additional
Statutes or amend or repeal the Statutes. Subject to the provisions of
this Act, the rules and 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
degree 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, the
rules or the Statutes, may be provided for in the Act. (1)
The first Ordinances shall be made by the
Jagadguru Rambhadracharya Sansthan and the Ordinances so made shall be
submitted to the State Government for its approval, which may, within two
months from the date of receipt of the first Ordinances, give its approval with
or without modification. (2)
Where the State Government fails to take any
decision with respect to the approval of the first Ordinances within the period
specified under sub-section (1), it shall be deemed that the State Government
has approved the first Ordinances. The Academic Council may,
with the approval of the Board of Management, make new or additional Ordinances
or amend or repeal the Ordinances, subject to the approval of the State
Government. (1)
Every employee shall be appointed under a
written contract, which shall be lodged with the University and a copy of which
shall be furnished to the employee concerned. (2)
Any dispute arising out of the contract
between the University and an employee shall, at the request of the employee,
be referred to a tribunal of arbitration consisting of one member appointed by
the Board of Management, one member nominated by the employee concerned and an
umpire appointed by the Chancellor. (3)
The decision of the tribunal in such matter
shall be final. (4)
The procedure for regulating the work of the
tribunal shall be such as may be prescribed. (1)
Any student or candidate for an examination
whose name has been removed from the rolls of the University or a constituent
college by the orders of the Vice-Chancellor or the principal or by the
resolution of the Academic Council, as the case may be, and who has been
debarred from appearing at the examination of the University for more than one
year, may, within ten days of the date of receipt of such order or copy of such
resolution, appeal to the Board of Management which may confirm, modify or
reverse the decision of the Vice-Chancellor, the Academic Council or the
principal, as the case may be. (2)
Any dispute arising out or any disciplinary
action taken by the University against a student shall, at the request of such
student, be referred to a tribunal of arbitration and the provisions of
sub-sections (2) to (4) of Section 30 shall mutatis mutandis, apply to a
reference made under this sub-section. 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 Board of Management 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 Board of Management may confirm, modify or
reverse the decision appealed against. 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. 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 other body of the University, the matter shall be
referred to the Chancellor whose decision thereon shall be final. Where any authority of the
University is given power 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. 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. No suit or other legal
proceeding shall lie against any officer or other employee of the University
for anything which is in good faith done or intended to be done in pursuance of
the provisions of this Act, the Statutes or the Ordinances. Notwithstanding anything
contained in any other provisions of this Act and the Statutes,- (a)
the first Vice-Chancellor shall be appointed
by the Chancellor and the said officer shall hold office for a term of five
years; (b)
the first Registrar and the first Finance
Officer shall be appointed by the Chancellor who shall hold office for a term
of three years; (c)
the first Board of Governors shall consist of
not more than eleven members who shall be nominated by the Chancellor and they
shall hold office for a term of three years; (d)
the first Board of Management, the first
Finance Committee and the first Academic Council shall be constituted by the
Chancellor for a term of three years. (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. (1)
The University shall establish a general fund
to which the following amount shall be credited, namely: (a)
all fees which may be charged by the
University; (b)
all sums received from any other source; (c)
all contributions made by the Jagadguru
Rambhadracharya Sansthan; and (d)
all contributions made in this behalf by any
other person or body which are not prohibited by any law for the time being in
force. (2)
The moneys credited to the general fund shall
be applied to meet all the recurring expenditure of the University. (1)
The University shall also establish a
development fund to which the following moneys shall be credited, namely: (a)
development fees which may be charged from
student; (b)
all sums received from any other source for
the purposes of the development of the University; (c)
all contributions made by the Jagadguru
Rambhadracharya Sansthan; (d)
all contributions made in this behalf by any
other person or body which are not prohibited by any law for the time being in
force; and (e)
all incomes received from the permanent
endowment fund. (2)
The moneys credited to the development fund
from time to time shall be utilised for the development of the University. The funds established under
Sections 39, 40 and 41 shall subject to general supervision and control of the
Board of Governors, be regulated and maintained in such manner as may be
prescribed. (1)
The annual report of the University shall be
prepared under the direction of the Board of Management and shall be submitted
to the Board of Governors for its approval. (2)
The Board of Governors shall consider the
annual report in its meeting and may approve the same with or without
modification. (3)
A copy of the annual report duly approved by
the Board of Governors shall be sent to the State Government. (1)
The annual accounts and balance sheet Of the
University shall be prepared under the direction of the Board of Management and
all moneys accruing to or received by the University from whatever source and
all amount disbursed or paid shall be entered in the accounts maintained by the
University. (2)
The annual accounts and the balance sheet of
the University shall be audited by such auditor and at such intervals as may be
prescribed. (3)
A copy of the annual accounts and the balance
sheet together with the audit report shall be submitted to the Board of
Governors. (4)
The annual accounts, the balance sheet and
the audit report shall be considered by the Board of Governors at its meeting
and the Board of Governors shall forward the same to the State Government along
with its observations thereon. 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. (1)
If the Jagadguru Rambhadracharya Sansthan
proposes its dissolution in accordance with the law governing its constitution
or incorporation, it shall give at least six months written notice to the State
Government. (2)
On receipt of the notice referred to in
sub-section (1), the State Government shall make such arrangements for
administration of the University from the date of dissolution of the Jagadguru
Rambhadracharya Sansthan and until the last batch of students in regular
courses of studies of the University complete their courses of studies in such
manner as may be prescribed by the rules. (1)
The expenditure for administration of the
University during the taking over period of its management under Section 46
shall be met out of the permanent endowment fund, the general fund or the
development fund. (2)
If the funds referred to in sub-section (1)
are not sufficient to meet the expenditure of the University during the taking
over period of its management, such expenditure may be met by disposing of the
properties or assets of the University, by the State Government. The State Government shall
have the following powers also, namely: (a)
to issue direction with respect to any matter
required to be done by the University by or under this Act or the rules, the
Statutes or the Ordinances made thereunder; (b)
to order framing of Statutes on any subject. (1)
Where the State Government is satisfied that
any of the directions given by it to the University under this Act, is not
complied with, or, on receipt of a complaint with respect to mismanagement of
the University, it shall require the University to show cause within such time
which shall not be less than one month as to why the University should not be
wound up. (2)
If, upon receipt of the reply of the
University to the notice given under sub-section (1), the State Government is
satisfied that a prima facie case of mismanagement or violation of the
provisions of this Act, the rules, the Statutes, the Ordinances or any
direction issued thereunder is made out, it shall order such inquiry as it
deems necessary. (3)
For the purposes of an inquiry under
sub-section (2), the State Government shall, by notification, appoint an
officer or authority as the inquiring authority to inquire into and report upon
the allegations of mismanagement, violation of the provisions of this Act, the
rules, the Statutes, the Ordinance or any direction issued thereunder. (4)
Where the State Government considers it
necessary or expedient to suspend the Board of Governors or the Board of
Management for the purposes of an inquiry with respect to the affairs of the
University, it may, by notification, order suspension of the Board of Governors
or the Board of Management, as the case may be, and make such arrangement for
the administration of the University as it considers necessary till the
conclusion of the inquiry. (5)
Every inquiring authority appointed under
sub-section (3) shall, while performing its functions under this Act, have all
the powers of a civil court trying a suit and in particular in respect of the
following matters, namely: (a)
summoning and enforcing the attendance of any
witness and examining him on oath; (b)
requiring the discovery and production of any
document; (c)
requisitioning any public record or copy
thereof from any office; (d)
receiving evidence on affidavits; (e)
any other matter which may be prescribed by
the rules. (6)
If, upon receipt of the inquiry report, the
State Government is satisfied that the University has been mismanaged or has
violated any provisions of this Act, the rules, the Statutes, the Ordinance or
any direction issued thereunder it may, by notification, order winding-up of
the University. (7)
While, issuing a notification under
sub-section (6) the State Government shall make further arrangements for the
administration of the affairs of the University, till current courses of study
are over. (8)
During the period of management of the
University under sub-section (7), the State Government may utilise the
permanent endowment fund, the general fund or the development fund for the
purposes of the management of the affairs of the University. If the funds of
the University are not sufficient to meet the requisite expenditure of the
University, the State Government may dispose of the assets or properties of the
University to meet the said expenses. (9)
Every notification under sub-section (6)
shall be laid before both Houses of the State Legislature. The State Government may, by
notification, make rules for carrying out the provisions of this Act. (1) If
any difficulty arises in giving effect to the provisions of this Act, the State
Government may, by a notified order, make such provisions, not inconsistent
with the provisions of this Act, as appear to it to be necessary or expedient
for removing the difficulty: Provided that no order under
sub-section (1) shall be made after the expiration of a period of three years
from the commencement of this Act. (2) Every
order made under sub-section (1) shall, as soon as may be after it is made, be
laid before both the Houses of the State Legislature and the provisions of
sub-section (1) of Section 23-A of the Uttar Pradesh General Clauses Act, 1904
shall apply as they apply in respect of rules made by the State Government
under any Uttar Pradesh Act. (1)
The Uttar Pradesh Jagadguru Rambhadracharya
Handicapped University Ordinance, 2001 (U.P. Ordinance No. 15 of 2001) is
hereby repealed. (2)
Notwithstanding such repeal anything done or
any action taken under the Ordinance referred to in sub-section (1), shall be
deemed to have been done or taken under this Act as if the provisions of this
Act were in force at all material times.THE UTTAR
PRADESH JAGADGURU RAMBHADRACHARYA HANDICAPPED UNIVERSITY ACT, 2001
PREAMBLE
Section 2 – Definitions
Section 24 – Statutes
Section 27 – Ordinances