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Act Description :

RAMA UNIVERSITY UTTAR PRADESH ACT, 2013

Act Details :-

RAMA UNIVERSITY UTTAR PRADESH ACT, 2013



(U. P. Act No. 1 of 2014)



An Act to establish and incorporate a teaching University sponsored by the Rama Educational Society, Kanpur at Kanpur in Uttar Pradesh and to provide for matters connected therewith or incidental thereto.



It is Hereby enacted in the Sixty-fourth Year of the Republic of India as follows:-



1. Short title. - This Act may be called the Rama University Uttar Pradesh Act, 2013.



Object & Reasons



Statement of Objects and Reasons. - With a view to encouraging private sector to participate in the field of higher education, it has been decided to establish and incorporate a teaching University at Kanpur in Uttar Pradesh by the name of Rama University, Kanpur sponsored by the Rama Educational Society, Kanpur registered under' the Societies Registration Act, 1860 so as to provide to the students and teachers The necessary atmosphere and facilities for the promotion of innovations leading to proper structuring of courses, new methods of teaching and learning and integral development of personality.



The Rama University Uttar Pradesh Bill, 2013 is introduced accordingly.



2. Definitions. - In this Act, unless the context otherwise requires:-



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



(b) "Board" means the Board of Studies and the Planning Board, or any other Board of the University;



(c) "Chancellor", "Vice-Chancellor" and "Pro-Vice Chancellor" mean respectively the Chancellor, the Vice-Chancellor and the Pro-Vice Chancellor of the University,



(d) "Court" means the Court of the University; "Director/Principal" means the head of an Institution, a College, a Centre and a School or the person appointed for the purpose to act as such in his absence;



(f) "Department" means a Department of Studies and includes Centre of Studies and Research;



(g) "employee" means any person appointed by the University and includes a teacher or any other member of the staff of the University;



(h) "Executive-Council" means the Executive Council of the University;



(i) "existing" college means a college or an institution 'which imparts education and is proposed to be merged and maintained by the University;



(j) "Faculty" means a Faculty Of the University ,



(k) "hostel" means students' hostel of the University;



(l) "Institution/College" means an academic institution or college established, maintained by the University in accordance with this Act and the Statutes and includes hospital, health and research centre;



(m) "prescribed" means prescribed by Statutes,



(n) "records and publications" mean the Records and Publications of/the University; -



(o) "Society" means the Rama Educational Society, Kanpur registered under the Societies Registration Act, 1860;



(p) "Statutes", "Ordinances" and "Regulations" mean respectively, the Statutes, Ordinances and Regulations of the University for the time being in force;



(q) "student" means a student or scholar enrolled in the register of the University;



(r) "teacher of the University" means a Professor, an Associate Professor/Assistant Professor or a Lecturer and any other person appointed for imparting education, instruction, training or conducting research in the University and is designated as teacher by the Ordinances;



(s) "University" means the Rama University Uttar Pradesh established under section 3.



3. Establishment of the University. - (1) The University shall be established at Kanpur in Uttar Pradesh by the Society by the name of the Rama University Uttar Pradesh.



(2) The University shall be a body corporate.



4. Conditions for the establishment of the University. - The sponsoring body, the Society shall, for the purposes of establishing the University under this Act, fulfill the following conditions, namely:-



(a) duly possesses minimum 50 acres contiguous land;



(b) construct on the land referred to in clause (a) buildings of atleast 24,000 sq. Metre carpet area, out of which atleast 50 percent shall be for academic and administrative purposes;



(c) install equipments in offices and laboratories worth minimum rupees five crore in the building referred to in clause (b);



(d) appoint teachers and establish infrastructure of the departments for the purpose of teaching and/or research in atleast seven subjects as per the standards laid down by the University Grants Commission;



(e) make the Statutes' and the Ordinances for the administration and functioning of the University; and



(f) such other conditions as may be required by the State Government be fulfilled for the establishment of the University.



5. Starting of the University. - (1) The University shall start operation only after the State Government issues to the Sponsoring Body a letter of authorization for the commencement of the functioning of the University.



(2) The State Government shall issue the letter of authorization after verifying the proposal alongwith' documents received from the Society' to the effect that all conditions referred WI in section 4 have been fulfilled.



6. Objects of the University. - The objects of the University shall be to disseminate and advance knowledge and skill by providing instruction, research and extension facilities in such branches of learning as it may deem fit and the 'University shall endeavour to provide to students and teachers the necessary atmosphere and facilities for the promotion of -



(a) innovations in education leading to restructuring of courses, new 'methods of teaching, training and learning including online learning, blended learning, continuing education and such other modes and integrated 'and wholesome deVelopment of personality;



(b) studies in various disciplines;



(c) inter-disciplinary studies; and:



(d) national integration, secularism, social equity and engineering of international understanding, and ethics.



7. Powers of the University. - The University shall have the following powers, namely:-



(a) to provide for instruction in such branches of learning as the University may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge and skills;



(b) to impart and promote the study of Agriculture and Animal Husbandry, Science, Engineering and Technology, Bio and Medical Sciences, Dental Science, Pharmacy, Management, Hotel and Hospitality Management, Law and other professional courses and also History, Culture, Commerce, Economics, Humanities, Philosophy, Social Sciences, Arts (including Fine Arts and Music) etc. through in- campus, off- campus, offshore- campus and satellite centres or by conducting centres or by distance education programmes etc.;



(c) to honour educational stalwarts and persons of academic eminence with the decoration of Professor Emeritus;



(d) to grant, subject to such conditions as the University may determine, diplomas or certificates and to confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;



(e) to confer honorary degrees or other distinctions in the manner prescribed;



(f) to provide education, instruction and training including distance/ correspondence and such other courses to such persons, who are not members of the University;



(g) to institute Directorships, Principalships, Professorships, Associate Professorships, Assistant Professorships, Lecturerships and other teaching or academic posts required by the University and to make appointments to the same;



(h) to create administrative, ministerial and other posts and to make appointments thereto;



(i) to appoint/engage persons working in any other University or organization having specific knowledge permanently or for a specified period;



(j) to co-operate, collaborate or associate with any other University or authority or institution in India and abroad in such manner and for such purposes as the University may determine;



(k) to establish and maintain campuses, constituent colleges, schools, institutions, hospitals, research centres and such other centres, specialized laboratories or other units for research and instructions as are in the opinion of the University, necessary for the furtherance of its objects;



(l) to institute and award fellowships, scholarships, studentships, medals and 'prizes;



(m) to establish and maintain and supervise residences, hostels within the University and promote the health and general welfare activities for students and staff;



(n) to make provisions for research and consultancy, and for that purpose to enter into such arrangements with other institutions, or bodies as the University may deem necessary;



(o) to establish 'a centre, an institution, a department, or school, as the case may be, in accordance with the Statutes;



(p) to determine standards for admission into the University, which may include examination, evaluation or any other method of testing;



(q) to prescribe, demand and receive payment of fees and other charges;



(r) to establish and maintain health centres, hospitals, hostels, residences, play-grounds, auditoriums etc., to promote the health, general welfare, extra/co-curricular and recreational activities, games and sports etc. for students and staff;



(s) to make special arrangements in respect of women and other disadvantaged students as the University may consider desirable;



(t) to regulate and enforce discipline among the employees and students of the University and take such disciplinary measures in this regard as may be deemed necessary by the University ;



(u) to make arrangements for promoting the health and general welfare of students and employees of the University;



(v) to receive contributions, donations and subscriptions and to acquire, hold, manage and dispose of any property through lease, rent or sale in consultation with the Society for advancement of the University;



(w) to borrow by way of hypothecation or mortgage against the property of the University with the approval of the Society for the purposes of the University;



(x) to appoint, either on contract or otherwise, visiting professors, emeritus professors, consultants, fellows, scholars, artists, course writers and such other persons who may contribute to the advancement of the objects of the University; and



(y) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University.



8. Admission and Standards. - (1) Admission to the different academic programmes shall be made by the University in accordance with the laws for the time being in force.



(2) The University shall ensure that the academic standards of the courses offered by it are in accordance with the guidelines of the University Grants Commission and other regulatory authorities.



(3) The teacher student ratio shall be in accordance with the guidelines of the University Grants Commission or other statutory bodies.



9. University open to all classes and creeds. - The University shall be open to persons of either Sex and of whatever race, creed, caste or class and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted therein as an officer, a teacher, staff member, student, or to hold any office herein or to graduate thereat:



Provided that reservation in the posts and recruitment of the employees and reservation of seats for admission in any course of study in the University for the students belonging to the Scheduled Castes; Scheduled Tribes and Other Backward Classes of Citizens shall be regulated by the laws and orders of the State Government for the time being in force.



10. Officer of the University. - The following shall be the officers of the University-



(a) the Chancellor;



(b) The Pro-Chancellor;



(c) the Vice-Chancellor;



(d) the Pro-Vice Chancellor;



(e) the Treasurer



(f) the Registrar;



(g) the Finance Officer;



(h) the Controller of Examinations;



(i) the Controller of Admissions;



(j) the Director/Principal



(k) the Dean of Faculties;



(l) the Dean of Students' Welfare;



(m) the Chief Proctor; and



(n) such other officers as may be declared by the statutes to be officers of the University.



11. The Chancellor. - (1) The Chancellor shall be appointed by the Society in such manner and on such conditions as may be prescribed.



(2) The Chancellor may in writing under his hand addressed to the Society, resign his office.



(3) The Chancellor shall, by virtue of his office, be the Head of the University and the President of the Court and shall constitute interim Executive Council.



12. The Pro-Chancellor. - (1) The Pro-Chancellor shall be appointed by the Chancellor for a period of three years in consultation with the Society and he shall exercise such powers and perform such functions as may be prescribed.



(2) The Pro-Chancellor shall assist the Chancellor in discharging his duties and preside at meetings and at any convocation in his absence.



(3)The Pro-Chancellor may in writing under his hand addressed to the Chancellor, resign his office.



13. The Vice-chancellor. - (1) The Vice-chancellor shall be appointed by the Chancellor in such The Vice- manner as may be prescribed, for a period of three years. Chancellor The Vice-Chancellor shall be the principal executive and academic officer of the University and shall be the Chairman of the Executive Council, Academic Council, Finance Committee, Planning Board and other Bodies of the University and shall exercise general 'supervision and control over the affairs of the University and give effect to the decisions of the authorities of the University. The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall convey to such authority she action taken by him on such matters :



Provided that no such action shall be taken by the Vice-Chancellor without the previous approval of the Chancellor, if it would involve a deviation from the provisions of the statutes or the ordinances



Provided further that any authority or any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section, shall have the right to appeal against such action to the Chancellor within one month from the date on which a decision on such action is communicated to him and thereupon the Chancellor may confirm, modify or reverse action taken by the Vice-Chancellor. The Vice-Chancellor shall exercise such powers and perform such other, functions as may be prescribed.



14. The Pro-Vice-Chancellor. - (1) The Pro-Vice-Chancellor may be appointed by the Vice-Chancellor with the approval of the Chancellor and shall eXercise such powers and perform such functions as may be prescribed.



(2) The Pro-Vice-Chancellor appointed under sub-section (1) shall discharge his duties in addition to his duties as a Professor.



(3) The Pro-Vice-Chancellor shall assist the Vice-Chancellor in discharging day to day duties as and when required.



(4) The Pro vice-Chancellor shall get honorarium of such amount as may be prescribed.



15. The Treasurer. - (1) The Treasurer shall be appointed by the Society in consultation with the Chancellor in such manner and shall exercise such powers and perform such functions as may be prescribed.



(2) The Treasurer shall advise the Society and the Vice-Chancellor in all financial matters including annual budget, annual auditing, allocation of funds etc. and shall have the general supervision and control over the finances of the University:



16. The Registrar. - (1) The Registrar shall be appointed in such manner as may be prescribed.



(2) The Registrar shall have the power to 'enter into agreements, sign documents and authenticate records on behalf of the University and shall exercise such other powers and perform such other functions as may be prescribed.



(3) The Registrar shall be the ex-officio Secretary of the Executive Council and the Academic Council.



17. The Finance Officer. - (1) The Finance Officer shall be appointed in such manner and shall exercise such powers and perform such functions as may be prescribed.



(2) The Finance Officer shall be the ex-officio Secretary of the Finance Committee.



18. The Controller of Examinations. - The Controller of Examinations shall be appointed by the Chancellor in such manner and shall exercise such powers and perform such functions as may be prescribed.



19. The Director/Principal. - The Director/Principal of a Constituent College shall be appointed by the Vice-Chancellor in such manner and shall exercise such powers and-perform such functions as may be prescribed.



20. Other officers. - The manner of appointment and powers and functions of other officers of the University including the Controller of Admissions, the Dean of Faculties, the Dean of Students Welfare and Chief Proctor shall be such as may be prescribed.



21. Authorities of the University. - The following shall be the authorities of the University:-



(a) the Court;



(b) the Executive Council;



(c) the Academic Council;



(d) the Planning Board;



(e) the Finance Committee;



(f) the Examinations Committee;



(g) the Admissions Committee;



(h) the Board of Faculties;



(i) such other authorities as may be declared by the statutes to be authorities of the University.



22. The Court. - (1) The constitution of the Court and the term of office etc. of its members shall be such as may be prescribed.



(2) The Court shall be a Principal Advisory Body Subject to the provisions of this Act, it shall have the following powers and functions, namely:-



(a) to review from time to time, the broad policies and programmes of the University and suggest measures for the working, improvement and development of the University;



(b) to consider and pass resolutions on the Annual Report and the Annual Accounts of the University and Audit Report of such accounts;



(c) to advise the Chancellor in respect of any matter which may be referred to it;



(d) to perform such other functions as may be prescribed.



23. The Executive Council. - (1) The Executive Council shall be the Principal Executive Body of the University.



(2) The constitution of the Executive Council, the term of office of its members and its powers and functions shall be such as may be prescribed.



24. The Academic Council. - (1) The Academic Council shall be the Principal Academic Body of the University and shall, subject to the provisions of this Act, statutes and ordinances made thereunder, co-ordinate and exercise general supervision over the academic policies of the University.



(2) The constitution of the Academic Council, the term of office of its members and its powers and functions shall be such as may be prescribed.



25. The Planning Board. - (1) The Planning Board shall be the Principal Planning Body of the University. The Board shall ensure that the infra structure and academic support system meet the norms of the University Grants Commission or other regulatory authorities.



(2) The constitution of the Planning Board; term of office of its members and its powers and functions shall be such as may be prescribed.



26. The Finance Committee. - (1) The Finance Committee shall be the Principal Financial Body, of the University to take care of the financial matters.



(2) The constitution, powers and functions of the Finance Committee shall be such as may be prescribed.



27. The Examinations Committee. - The constitution of the Examinations Committee, the term of office of its member and its powers and functions shall be such as may be prescribed.



28. Other Authorities. - The constitution, powers and functions of the Admissions Committee, Board of Faculties and of such other authorities of the University which may be declared by the statutes to be authorities of the University, shall be such as may be prescribed.



29. Power to make statutes. - (1) The executive Council with the approval of the Chancellor shall make statutes for carrying out the purposes of this Act :



Provided that no Statute, effecting the number and emoluments of employees or the income or expenditure of the University shall be made unless a draft of the same has been approved by the Society.



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



(a) the constitution, powers and functions of the authorities and other Bodies of the University, as may be constituted from time to time;



(b) the appointment and continuance Of the members of the said authorities, filling of vacancies of the members and all other matters relating to those authorities for which it may be necessary to provide;



(c) the appointment, powers and duties of the officers of the University and their emoluments;



(d) the appointment of teachers of the University and other academic and administrative staff, and their emoluments;



(e) the appointment of teachers and other academic and administrative staff working in any other University or Institution for a specific period for undertaking a joint project;



(f) the conditions of service of employees including provisions for retirement benefits, insurance and provident fund, the manner of termination of service and disciplinary actions;



(g) the principles governing seniority of service Of employees;



(h) the procedure for settlement of disputes between employees or students and the University;



(i) the procedure for appeal by any employee or student against the action of any officer or authority of the University;



(j) the conferment of honorary degrees;



(k) the withdrawal of degree, diploma, certificate and other academic distinctions;



(l) the institution of fellowships, scholarships, studentships, medals and prizes;



(m) the maintenance of discipline amongst the students;



(n) the establishment and abolition of Departments, Centers and other constituent Institutions/Colleges etc.;



(o) the delegation of powers vested in the authorities or officers of the University; and



(p) all other matters which by this Act are to be or may be prescribed.



(3) The Executive Council shall not make, amend or repeal any statute affecting the status, powers or constitution of any authority of the University until such' authority has been given an opportunity of expressing an opinion in writing on the proposed changes and any opinion so expressed shall be considered by the Executive Council.



(4) Notwithstanding anything contained in the foregoing sub-sections, the Chancellor may direct the concerned authority to make provisions in the Statutes, in respect of any matter specified by him and if the concerned authority is unable to implement such a direction within sixty days of its receipt, the Chancellor may, 'after considering the reasons, if any, communicated by the concerned authority or the Executive Council for its inability to comply with such direction, make or amend the, Statutes accordingly as he may deem fit.



30. Powers to make Ordinances. - Subject to the provisions of this Act and the Statutes, the Ordinances shall be made by the Executive Council which may provide for all or any of the following matters, namely:-



(a) the admission of student to the University and 'their enrolment as such;



(b) the courses of study to be laid down for all degrees, diplomas and certificates of the University,.



(c) the medium of instructions and examinations;



(d) the award of degree, diploma, certificate and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same;



(e) the fees to be charged for courses of study in the University and for admission to the examinations, degrees, diplomas and certificates of the University;



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



(g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators;



(h) the conditions of residence of students of the University;



(i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them within the University;



(j) the appointment and emoluments Of employees other than those for whom provision has been made in the Statutes;



(k) the establishment of centers of studies, Boards of Studies, institutions, inter-disciplinary studies; special centers, specialized laboratories, hospitals, research centers etc. and other committees;



(l) the manner of co-operation and collaboration with other Universities and national and international authorities including learned bodies or associations;



(m) the creation, composition and functions of any other body which is considered necessary for improving the academic mileser of the University;



(n) the remuneration to be paid to the examiners, moderators, invigilators and tabulators; and such other terms and conditions of service of teachers and other academic staff as are not prescribed by the Statutes.



31. Regulations. - (1) Subject to the provisions of this Act, the Statutes and the Ordinances, an authority or body of the University may make regulations for the conduct of business thereof.



(2) The Executive Council may direct any authority or body of the University other than the Court to cancel or to amend any regulation.



32. Annual Report. - (1) The annual report of the University shall be prepared under the direction of the Executive Council and shall be submitted to the Court on or after such date as may be prescribed and the Court shall consider it in its annual meeting.



(2) The Court shall submit the annual report to the Chancellor alongwith its comments, if any.



33. Annual accounts & balance sheet. - (1) The annual accounts and balance sheet of the University shall be prepared under the directions of the Executive Council and shall, once atleast every year and at intervals of not more than fifteen months, be audited by an experienced and qualified firm of Chartered Accountants of repute who Will be appointed with the approval of the Society.



(2) A copy of the annual accounts, together with the audited report thereon, 'shall be submitted to the Court and the Chancellor alongwith the observations of the Executive Council.



(3) Any observation made by the Chancellor on the annual accounts shall be brought to the notice of the Court and the Executive Council and the observations, if any, shall after being reviewed by the Executive Council, be submitted to the Chancellor for his approval. Annual Accounts & Balance Sheet -



34. Conditions of service of employees. - (1) Every employee of the University shall be appointed or engaged in accordance with the provisions made in the Statutes or Ordinances.



(2) Any dispute arising between appointed substantively, shall be referred the dispute after affording a reasonable months from the date of its reference.



(3) The aggrieved employee may file an appeal against the order of the Executive Council to the Chancellor.



(4) The decision of the Chancellor Shall be final and no suit or other legal proceedings shall lie in any court of law in respect of the matters decided by the Chancellor.



(5) Any dispute in respect of any employee engaged temporarily or on ad-hoc or part time or casual basis, shall be heard and decided finally by the Vice-Chancellor



35. Right to appeal. - (1) Any student or candidate for an examination, whose name has been removed from the rolls of the University by the orders or resolution of the Academic Council, Proctorial Board or Controller of Examinations, as the ease may be, and who has been debarred from appearing at the' examinations of the University for more than one year, may within ten days of the date of receipt of such order or copy of such resolution by him in writing appeal to the Vice-Chancellor who may confirm, modify or reverse the decision of the aforesaid authorities or the concerned Committee, as the case may be.



(2) Any decision taken by the Vice-Chancellor shall be final.



36. Employees Provident Fund and welfare schemes. - The 'University may constitute for the benefit of its employees such welfare schemes or provident fund or provide for such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed.



37. Disputes as to the constitution of authorities and bodies. - If any question arises as to whether any person has been duly nominated or appointed as or is entitled to be a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.



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



39. Filling of the vacancies. - All vacancies among the members (other than ex-officio members) of any authority or other body of the University hall he filled, as soon as may be convenient, by the person or body, who appointed, nominated Or co-opted the members whose place has become vacant. The person appointed or co-opted to such vacancy shall be a member of such authority or body for the remaining term for which he has been appointed or co- opted.



40. Invalidity of proceedings. - No act or proceeding of any authority or body or committee of the University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.



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



42. Publication of statutes and ordinances. - (1) Every Statute or Ordinance made under this Act, shall be made Publication of available in writing.



(2) Each new Statute or Ordinance made under this Act, shall be enforced as Ordinances Statutes and soon as it is made by the competent authority.



43. Permanent Endowment Fund. - (1) The Society shall 'establish a permanent endowment fund of atleast rupees ten crores.



(2) The University shall have the power to invest the permanent endowment fund in such manner as may be prescribed.



(3) The University may transfer any amount from the general fund or the development fund to the permanent endowment fund.



(4) Any amount exceeding the minimum amount specified in sub-section (1) may be withdrawn- from the permanent endowment fund by the University for the purposes of development of the University.



44. General Fund. - (1) The University shall establish a general fund to which the following General Fund amount shall be credited, namely:-



(a) all fees which may be charged by the University;



(b) all sums received from any other source;



(c) all contributions made by the Society; and



(d) all contributions and subscriptions made in this behalf by any person or body which are not prohibited by any law for the time being in force.



(2) The moneys credited to the general fund shall be applied to meet all the recurring expenditures of the University.



45. Development Fund. - (1) The University shall also establish a development hind to which the following moneys shall be credited, namely:-



(a) development fee, which may be charged from students;



(b) all 'sums received from other sources for the purpose of the development of the University;



(c) all contributions made by the Society;



(d) all contributions, subscriptions and donations etc. made in this behalf by any other person or body which are not prohibited by any law for the time being in force; and



(e) all incomes received from the permanent endowment fund.



(2) The moneys credited to the development fund from time to time shall be utilized for the development of the University.



46. Maintenance of fund. - The funds established under sections 43, 44 and 45 shall subject to Maintenance of general supervision and control of the Court, be regulated and maintained in such fund manner as may be prescribed.



47. Financial conditions. - The University shall not be eligible for any-grant-in-aid or any financial assistance from the State Government or any Other body or corporation owned and controlled by the State Government.



48. Fees. - The fees charged for different academic programmes shall be in accordance with law for the time being in force.



49. Power of the State Govt. to call for information and record. - (1) It shall be the duty of the University or any authority or officer of the University to furnish such, information or records relating to the administration or finance and other affairs of the University as the State Government may call for.



(2) The State Government, if it is of the view that there is a violation of the provisions of this Act or the Statutes or Ordinances, made thereunder, may issue such directions to the University as it may deem necessary.



50. Dissolution of university. - (1) If the Society proposes its dissolution in accordance with the law governing its constitution or incorporation, it shall give at least six months written notice to the State Government.



(2) On receipt of notice referred to in sub-section (1), the State Government shall make such arrangements for administration of the UniverSity from the date of dissolution of the University and until the last batch of students in regular courses of studies of the University complete their courses of studies in such manner as may be prescribed.



51. Expenditure of the University during dissolution. - (1) The expenditure of administration of the University during taking over the liabilities of the University under section 50 shall be met out of the permanent endowment fund, the general fund and the development fund.



(2) If the funds referred to sub-section (1) are not sufficient to meet the expenditure of the University during the taking Over the liabilities of the University, such expenditure may be met by disposing of the properties or assets of the University by the State Government.



52. De-recognition of the University. - (1) Where the State Government receives a complaint that the University is not functioning in accordance with the provisions of this Act; it shall require the University to show cause, within such time, which shall not be less than two months, referring a copy of the complaint, as to why the University should not be de-recognized.



(2) If, upon receipt of the reply of the University to the notice given under sub-section (1), the State Government is satisfied that prima-facie case of mismanagement or violation of the provisions of this Act in the functioning of the University is made out, it shall order such inquiry as it may deem necessary.



(3) For the purposes of inquiry under sub-section (2), the State Government shall, by notification, appoint an Officer or authority as the inquiring authority to inquire into the allegation Of violation of the provisions of this Act.



(4) Every inquiring authority appointed under sub-section (3) shall, while performing its functions under this Act, have all the powers of civil court under the Code of Civil Procedure, I908 trying a suit and in particular in respect of the following matters, namely:-



(a) summoning and enforcing the attendance of any witness and examining him on oath;



(b) requiring the discovery and production of any document;



(c) requisitioning any public record or copy thereof from any office;



(d) receiving evidence on affidavits; and



(e) any other matter which may be prescribed.



(5) If, upon receipt of the inquiry report, the State Government is satisfied that the University has violated any provision of this Act, the State Government shall direct the University to make necessary improvements and suggest for proper implementation of the provisions of this Act.



(6) If it is observed that the University is violating the provisions of the Act continuously for three times, the State Government may require the University to show cause within such time which shall not be less than two months, as to why the university should not be de-recognized. If, upon receipt of the said reply of the University, the State Government is satisfied that prima-facie case of violation of the provisions of this Act, is made out, it may de-recognize the University by a notification published in the Official Gazette With prior approval of the University Grants Commission.



(7) During the period of the management of the University under sub-section (6), the State Government may utilize the permanent endowment fund, the general fund or the development fund for the purposes of the management of the affairs of the University. If the funds of the University are not sufficient to meet the requisite expenditure of the University, the State Government may dispose of the assets or the properties of the University to meet the said expenses.



(8) Every notification under sub- section (6) shall be laid before both Houses of the State Legislature before implementation.



53. Power of State Govt. to issue directions. - The State Government may issue such directions from time to time to the University on policy matters not inconsistent with the provisions of this Act, as it may deem necessary. Such directions shall be complied with by the University.



54. Status of assets & liabilities on dissolution/ de-recognition. - All assets and properties including permanent endowment fund, general fund or any other fund and also the liabilities of the UniverSity shall be vested in the Society in ease of dissolution or de-recognition of the University under any provision mentioned hereinabove.



55. Power to remove difficulties. - (1) The State Government may for purposes of removing any difficulty, particularly in relation to the transition from the provisions of the Uttar Pradesh State Universities Act, 1973 to the provisions of this Act, direct that the provisions of this Act shall during such period as may be specified in the order, have effect subject to such adaptations, whether by way of Modification, addition or omission, as it may deem necessary or expedient to do so:



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



(2) Every order made under sub-section (1) shall be laid before both the Houses of the State Legislature as soon as may be, after it is made.



(3) No order made under sub-section (1) shall be called in question in any court on the ground that no difficulty, as is referred to in that sub-section, existed or was required to be removed' Power of State Govt. to issue directions Status of assets & liabilities on dissolution/ de-recognition Power to remove difficulties.


Act Type :- Uttar Pradesh State Acts
 
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