The Dr Shakuntala Misra Rehabilitation University Act 2009 with Ammendments
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this actDR. SHAKUNTALA MISRA REHABILITATION UNIVERSITY (FOR DIFFERENTLY ABLED) UTTAR PRADESH ACT, 2009 (U.P. Act No. 1 of 2009) Mk0 'kdqUryk feJk foโofo|ky; ยผfHkUu:is.k ;ksX; gsrqยฝ mRrj iznsโk vf/kfu;e] 2009 ยผmRrj iznsโk vf/kfu;e la[;k 1] 2009ยฝ DR. SHAKUNTALA MISRA REHABILITATION UNIVERSITY (FOR DIFFERENTLY ABLED) UTTAR PRADESH ACT, 20091 (U. P. Act No. 1 of 2009) Amended by U. P. Act No. 17 of 2009 U. P. Act No. 24 of 2011 U. P. Act No. 18 of 2014 U. P. Act No. 42 of 2018 [As passed by the Uttar Pradesh Legislature and assented to by the Governor on February 18, 2009 under Article 200 of the Constitution of India and was published in the Uttar Pradesh Gazette Extraordinary on February 19, 2009.] AN ACT to establish and incorporate a University for persons with different abilities at Lucknow in Uttar Pradesh and to provide for matters connected therewith or incidental thereto. IT IS HEREBY enacted in the Sixtieth Year of the Republic of India as follows :โ Short title and commencement 1. (1) This Act may be called Dr. Shakuntala Misra Rehabilitation University (For Differently Abled) Uttar Pradesh Act, 2009. (2) It shall be deemed to have come into force on September 19, 2008. Definitions 2. In this Act, unless the context otherwise requires, โ (a) โAcademic Councilโ means the Academic Council of the University constituted under section 22 ; (b) โExecutive Councilโ means the Executive Council of the University constituted under section 14 ; (c) โFacultyโ means a Faculty of the University ; (d) โGeneral Councilโ means the General Council of the University constituted under section 9 ; (e) โHostelโ means a unit of residence for students maintained or recognized by the University ; (f) โPrescribedโ means prescribed by statutes. (g) โRegistrarโ means the Registrar of the University appointed under section 30 ; (h) โstatutesโ means the statutes of the University made under section 32 ; (i) โSecretary -in-Chargeโ means the Principal Secretary or the Secretary, as the case may be, o f the concerned department of Government of Uttar Pradesh ; (j) โSenior officers of the Stateโ means officers of the Provincial Service of Uttar Pradesh posted in the University by the State Government ; 1. For S.O.R. see at the end of this Act. 2 โโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโ [Dr. Shakuntala Misra Rehabilitation University (For Differently Abled) Uttar Pradesh Act, 2009] (k) โTeacherโ means a teacher employed by th e University for imparting education and guiding and conducting research in the University ; 1 [(l) โUniversityโ means Dr. Shakuntala Misra National Rehabilitation University, Lucknow established under section 3 ] (m) โVice Chancellorโ means the Vice Cha ncellor of the University appointed under section 27 ; (n) โVisitorโ means the Visitor of University referred to in section 7. Establishment and incorporation of the University 3. (1) With effect from such date as the State Government may be notification appoint, there shall be established in the State of Uttar Pradesh a University by the name of 2[Dr. Shakuntala Misra National Rehabilitation University, Lucknow.] (2) The University shall be a body corporate. (3) The headquarter of the University shall be at Lucknow. (4) In relation to the University to be established under this section, โ (a) the State Government shall appoint interim officers of the University and constitute interim authorities of the University in such manner, as it thinks fit ; (b) the officers appointed and members of the authorities constituted under clause (a) shall hold office until the appointment of officers or the constitution of the authorities in accordance with clause (c) or such other earlier date as may be specified by the State Government in this behalf : Provided that the State Government may, by notification, extend the term of members of such authorities, for a period not exceeding two years. (c) the State Government shall take steps for the appointme nt of officers and constitution of authorities of the University in accordance with the provisions of this Act, so that the same may be completed before the expiry of the respective terms of the interim officers and members of authorities referred to in clause (b). 3[3-A. With effect from the commencement of Dr. Shakuntala Misra Rehabilitation University (For Differently abled) Uttar Pradesh (Amendment) Act, 2014 any reference to Dr. Shakuntala Misra Rehabilitation University (for Differently abled) or t he Uttar Pradesh Viklang Uddhar Dr. Shakuntala Misra Vishwavidyalaya (Lucknow) in this Act, or any rules, statutes, ordinances, statutory instruments or 1. Subs. by sec. 2 of U. P. Act no. 18 of 2014. 2. Subs. by sec. 3 of U. P. Act no. 18 of 2014. 3. Subs. by sec. 4 of U.P. Act no. 18 of 2014 (Ins. by sec. 4 of U. P. Act no. 24 of 2011) 3 โโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโ [Dr. Shakuntala Misra Rehabilitation University (For Differently Abled) Uttar Pradesh Act, 2009] any other law for the time being in force or in any document or proceedings shall be construe d as reference to the Dr. Shakuntala Misra National Rehabilitation University, Lucknow.]1 Objectives of the University 4. The objectives of the University shall be, โ (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 and distance education system ; (b) to advance and disseminate learning and knowledge on disability and related issues, including general education by regular and distance 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 s pecial 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 conductive to the attainment of all or any of the objectives of the University. Powers and Functions of the University 5. The powers and functions of the University shall be :โ (i) 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; (ii) 2[to affiliate su ch colleges and other institutions, not being the colle ge and institutions imparting, teaching and training in medical and allied sciences in the state] who, in addition to routine branches of knowledge provide special education as per norms of the rehabilitation Council of India, as the University may deem fit, hold examinations and to confer degrees and grant diplomas or certificates and other academic distinctions to such conditions as the University may determine. The affiliation can be withdrawn subject to violation of the above conditions ; (iii) to pro vide 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 ; 1. Subs. by sec. 4 of U.P. Act no. 18 of 2014. 2. Subs. by Schedule of U.P. Act No. 42 of 2018. 4 โโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโโ [Dr. Shakuntala Misra Rehabilitation University (For Differently Abled) Uttar Pradesh Act, 2009] (iv) to sponsor and undert ake research in all aspects disability and social development ; (v) to prescribe qualifications and to regulate the admission of students to the University for a course of study for a degree or a diploma ; (vi) to organize and undertake extra mural teach ing and extension services ; (vii) 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 ; (viii) to confer honorary degree or other distinctions in such, manner as may be prescribed ; (ix) to fix, demand and receive fees and other charges ; (x) 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 ; (xi) 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 ; (xii) to make arrangements in respect of the residence, discipline and teaching of students ; (xiii) to create academic, technical, administrative, ministerial and other posts with the prior approval of the State Government ; (xiv) to regulate and enforce discipline among the employees of the University and to take such disciplinary measures as may be deemed necessary ; (xv) to institute professorships, readerships, Assistant Professorships, and any other teaching, academic or research posts required by the University with prior approval of the State Government; (xvi) to appoint persons as professors, readers, Assistant Professors or otherwise as teachers and resea rch scholars of the University ; (xvii) to institute and award fellowships, scholarship, prizes and medals ; (xviii) to provide for printing, reproduction and publication of research and other works and to organize exhibitions ; (xix) to co -operate wit h 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 ; 5 [Dr. Shakuntala Misra Rehabilitation University (For Differently Abled) Uttar Pradesh Act, 2009] (xx) 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 ; (xxi) to regulate the expenditure and to manage the accounts of the University ; (xxii) 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 adequa tely furnish the same and to establish and maintain such libraries and reading rooms as may appear convenient or necessary for the University ; (xxiii) to receive grants, subventions, subscriptions, donations and gifts or the purpose of the University an d consistent with the objectives for which the University is established ; (xxiv) 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 ; (xxv) 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; 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 ; (xxvi) to draw and accept, to make and endorse to discount and negotiate, Government of India and other promissory notes, bills of exchange, cheques or other, negotiable instruments ; (xxvii) to execute con veyances 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 o f the State Government ; (xxviii) to appoint in order to execute an instrument or transact any business of the University, any person as it may deem fit ; (xxix) to enter into any agreement with Central Government, State Government, the University Grants Commission or other authorities for receiving grants ; (xxx) 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 6 [Dr. Shakuntala Misra Rehabilitation University (For Differently Abled) Uttar Pradesh Act, 2009] 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 ; (xxxi) to invest the funds of the Universi ty 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 ; (xxxii) 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. (xxxiii) to do all such other Ordinances and things as the University may consider necessary, conducive or incidental to the attainments or enlargements of all or any of its objectives. Teaching in University 6. (1) All recognized teaching in connection with the degrees, diplomas and certificates of the University shall be conducted under the control of the General Council by the teachers of the University in accordance with such syllabus as may be prescribed. (2) The courses and curricula and the authorities responsible for organizing such teaching shall be such as may be prescribed. Visitor of the University 7. (1) The Governor of Uttar Pradesh shall be the Visitor of the University ; (2) The Visitor shall have the right to cause inspection to be made, by such person or persons as he may direct, of the University, its buildings, libr aries and equipments and of any Institution maintained by the University, and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration and finances of the University. (3) The Visitor shall give notice to the University of his intention to cause an inspection or inquiry to be made and the University shall be entitled to appoint a representative who shall have the right t o be present and be heard at such inspection or inquiry. (4) The Visitor may address the Vice Chancellor with reference to the result of such inspection or inquiry and the Vice Chancellor shall communicate to the General Council the Views of the Visitor along with such, advice as the Visitor may have offered on the action to be taken thereon. (5) The General Council shall communicate through the Vice Chancellor the Visitor such action, if any, as it proposes to take or has been taken on the result of such inspection of inquiry. 7 [Dr. Shakuntala Misra Rehabilitation University (For Differently Abled) Uttar Pradesh Act, 2009] Authorities of the University 8. The following shall be the authorities of the University :โ (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. General Council 9. (1) There shall be a General Council of the University which shall consist of the following members, namely :โ 1. Ex-officio Members (i) The Chief Minister of Uttar Pradesh ; (ii) The Minister o f Handicapped Welfare, Government of Uttar Pradesh ; (iii) The Chairperson of Dr. Shakuntala Misra Smriti Seva Sansthan, Lucknow ; (iv) The Secretary -in-charge of Handicapped Welfare, Government of Uttar Pradesh ; (v) The Secretary-in-charge of Higher Education, Government of Uttar Pradesh ; (vi) The Secretary -in-charge of Medical Education, Government of Uttar Pradesh ; (vii) The Secretary-in-charge of Vocational Training Department Government of Uttar Pradesh ; (viii) The Secretary -in-charge of Finan ce, Government of Uttar Pradesh ; (ix) The Commissioner for persons with disabilities, Government of Uttar Pradesh ; (x) The Vice-Chancellor of the University ; (xi) The Director of National Institute for visually handicapped, Government of India or his nominee ; (xii) The Director of National Institute for hearing handicapped, Government of India or his nominee ; (xiii) The Director of National Institute for mentally handicapped, Government of India or his nominee ; (xiv) The Director of National Inst itute for orthopedically handicapped, Government of India or his nominee ; (xv) The Chairperson, Rehabilitation Council of India or his nominee. II. Nominated Members (xvi) a Vice -Chancellor of a University of Uttar Pradesh to be nominated by the State Government ; 8 [Dr. Shakuntala Misra Rehabilitation University (For Differently Abled) Uttar Pradesh Act, 2009] (xvii) four eminent persons who are working or who have worked in the field of disability to be nominated by the State Government; (xviii) two eminent persons to be nominated by the chairperson of the General Council. (2) The Chief Minis ter of Uttar Pradesh shall be the Chairperson of the General Council and the Vice- Chancellor of the University shall be the Secretary of the General Council. Term of Office of Members of the General Council 10. (1) The term of the office of the nominate d members of the General Council shall subject to 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 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 member of General Council may resign his of fice by a letter addressed to the Chairperson and such resignation shall take effect as soon as it has been accepted by the Chairperson. (5) Any vacancy in the General Council shall be filled by nomination, of a person by the respective authority entitl ed 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. Powers of the General Council 11. The General Council shall have the following p owers, namely :โ (i) to recommend the name of the Vice- Chancellor of the University under the provisions of this Act; (ii) to exercise the powers and functions of the University referred to in section 5 except where such powers are given to some other au thority or officer of the University under the provisions of this Act ; (iii) 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 ; (iv) to consider an d pass resolutions as deemed fit on the annual report, financial estimates, annual accounts and the audit reports on such accounts ; (v) 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 9 [Dr. Shakuntala Misra Rehabilitation University (For Differently Abled) Uttar Pradesh Act, 2009] (vi) to perform such other functions as it may deem necessary for the efficient functioning and administration of the University. Meetings of the General Council 12. (1) The General Council shall meet at least one in a year and at least fifteen daysโ notice shall be given for its meetings. (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 o f 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 o ver 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 meet ing 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. The Executive Council 13. (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. Constitution of the Executive Council 14. (1) The Executive Council shall consist of the following members, namely :โ (i) The Vice-Chancellor ; (ii) Three members of the General Council to be nominated by the Chairperson of the General Council ; (iii) The Director, Handicapped Welfare, Government of Uttar Pradesh ; (iv) The Director, Higher Education, Government of Uttar Pradesh ; (v) The Registrar of the University ; (vi) Three eminent persons in the field of education nominated by the visitor ; 10 [Dr. Shakuntala Misra Rehabilitation University (For Differently Abled) Uttar Pradesh Act, 2009] (vii) Three persons of social eminence nominated by the State Government ; (viii) The General Secretary or Secretary of Dr. Shakuntala Misra Smriti Seva Sansthan, Lucknow ; (ix) 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. Term of Office of Executive Council 15. (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 the office or appointment. (2) A 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 membe r 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) 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 provi ded in the foregoing sub -section 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 Exe cutive Council and such resignation shall take effect as soon as it has been 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. Powers and functions of the Executive Council 16. Without prejudice to the pr ovisions of section 13, the Executive Council shall have the following powers and functions :โ (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, Readers, Lecturers, other members of the teaching staff, the Librarian 11 [Dr. Shakuntala Misra Rehabilitation University (For Differently Abled) Uttar Pradesh Act, 2009] 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 pri or 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 an y 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 Officer of the University, the teacher, the students and employees 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 an d travelling 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 regu lating 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 exerc ise such other powers and to perform such other duties as may be conferred or imposed on it by or under this Act. Reservation in admissions and appointment 17. (1) The Executive Council may, by statutes, provide for reservations of seats to the resident s of the State of Uttar Pradesh and Members of Scheduled Castes, Scheduled Tribes and other backward 12 [Dr. Shakuntala Misra Rehabilitation University (For Differently Abled) Uttar Pradesh Act, 2009] 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 per cent seats reserved for persons with disabilities in admissions to the various courses out of which fifty percent seats shall be reserved for visually handicapped students. (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 Go vernment 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. Meetings of the Executive Council 18. (1) The Executive Council s hall meet at least once in three months and not less than fifteen daysโ 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. Constitution of Standing Committee and appointment of ad-hoc committees by the Executive Council 19. (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. Academic Council 20. The Academic Council shall be the academi c body of the University and shall, subject to the provisions 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 an d 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. 13 [Dr. Shakuntala Misra Rehabilitation University (For Differently Abled) Uttar Pradesh Act, 2009] Constitution of the Academic Council 21. (1) The Academic Council shall consist of the following members, namely :โ (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 profess ion or eminent public men, who are not in service of the University nominated by the Chairperson in consultation with the General Council ; (iii) The Director Handicapped Welfare Department, Government or his nominee not below the rank of Deputy Director ; (iv) All the Heads of the Departments of the University ; (v) All Professor other than the Heads of the Department, if any; (vi) Two members of the teaching staff, one each representing the Readers and the Lectures of the University. (2) The term of the members other than ex- officio members shall be two years. (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 mem ber 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 the reof is previously terminated as provided in the foregoing sub- sections, 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 r e- 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. Powers and the duties of Academic Council 22. 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 :โ (i) to report on any matter referred to or delegated to it by the General Council or the Executive Council ; 14 [Dr. Shakuntala Misra Rehabilitation University (For Differently Abled) Uttar Pradesh Act, 2009] (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 facul ty 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 commit tee 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 neces sary 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 committee or officers to do so, and to make recommendations regarding the conferment or grant of degrees, honours, diplomas, licenses, titles and marks of honour ; (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 re gisters 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 Ordinances as may be necessary for the proper carrying out the provisions of this Act and the statutes. Meetings of the Academic Council 23. (1) The Academic Council shall meet as often as may be necessary, but not less than twice during an academic year. 15 [Dr. Shakuntala Misra Rehabilitation University (For Differently Abled) Uttar Pradesh Act, 2009] (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 from 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. The Finance Committee 24. (1) There shall be a Finance Committee consisting of the following members namely :โ (i) the Vice Chancellor ; (ii) one member nominated by the General Council from amongst its members ; (iii) one member nominated by the Executive Council from amongst its members ; (iv) the Secretary -in-charge, Department of Higher Education, Uttar Pradesh or his nominee not below the rank of Deputy Director ; (v) the Secretary -in-charge of Handicapped Wel fare Department Government Uttar Pradesh or his nominee not below the rank of Deputy Director ; (vi) the Secretary -in-charge, Finance Department, Uttar Pradesh or his nominee not below the rank of Deputy Director ; (vii) the Registrar ; (viii) the Finance Officer-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 :โ (i) to examine and scrutinize the an nual 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 statemen ts 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 16 [Dr. Shakuntala Misra Rehabilitation University (For Differently Abled) Uttar Pradesh Act, 2009] University either on its own initiative or on reference from the Executive Council or the Vice-Chancellor. (4) The Finance Committee shall meet once in every six months. The quorum shall be four members of the Finance Committee Provided that the third quorum shall not complete without the Secretary to the Government of Uttar Pradesh in Finance Department or an officer not below the rank of Deputy Director nominated by him. (5) The Vic e-Chancellor shall preside over the meetings of the Finance Committee, and in his absence, the members present shall elect a person from amongst themselves to preside over the meeting. (6) Unless a proposal having financial implication has been recommended by the Finance Committee, the Executive Council shall not take decision thereon, as 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. Selection Committee 25. (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) (a) The selection committee shall consist of the following members, namely :โ (i) the Vice-Chancellor who shall be t he Chairperson of the Committee for all teaching posts and the non -teaching posts of Group โAโ and Group โBโ; (ii) the Registrar shall be the Chairperson of the committee for all non-teaching posts of Group โCโ and Group โDโ ; (iii) the Head of the Depar tment 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 Visitor 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 Uttar Pradesh Direct Recruitment Rules, 2002 (Outside the Purview of Public Service Commission) for Group โCโ post as amended from time to time. 17 [Dr. Shakuntala Misra Rehabilitation University (For Differently Abled) Uttar Pradesh Act, 2009] Officer of the University 26. The following shall be the officers of the University, namely:โ (i) the Vice-Chancellor ; (ii) the Finance Officer ; (iii) the Registrar ; (iv) such other officers as may be prescribed. The Vice- Chancellor 27. (1) The Vice -Chancellor shall be a whole time salaried officer of the University. The Vice -Chancellor after the Commencement of this Act shall be appointed by the Visitor from amongst persons whose names are sent to the Visitor by the Committee con stituted in accordance with provisions of sub-section (2) : Provided that the first Vice -Chancellor shall be appointed by the State Government. (2) The Committee referred to in sub -section (1) shall consist of the following members, namely :โ (i) One person to be nominated by the Visitor. (ii) One person to be nominated by the General Council. (iii) One person to be nominated by the Executive Council. (3) The Committee shall, as far as may be, at least six months before the date on which a vacancy in the office of the Vice- Chancellor is due to occur by reason of expiry of term or resignation under sub-section (4). and also whenever so required and before such date as may be specified by the visitor, submit to the visitor the names of not less than th ree persons and not more than five persons suitable to hold the office of the Vice-Chancellor. (4) The Committee shall while submitting the names, also forward to the visitor a concise statement showing, the academic qualifications and other distinction s of each of the persons so recommended, but shall not indicate any order of preference. (5) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office, which may be extended for a further period of t wo years by the Visitor on the recommendation by the General Council : Provided that the extension of term of first Vice -Chancellor may be granted by the State Government : Provided further that the Vice -Chancellor may by writing under his hand addressed to the Visitor resign his office, and shall cease to hold his office on the acceptance by the Visitor 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. 18 [Dr. Shakuntala Misra Rehabilitation University (For Differently Abled) Uttar Pradesh Act, 2009] (8) The State Government may appoint any suitable person to t
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