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The Dr Shakuntala Misra Rehabilitation University Act 2009 with Ammendments

Uttar Pradesh · state statute
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DR. SHAKUNTALA MISRA REHABILITATION 
UNIVERSITY (FOR DIFFERENTLY ABLED)  
UTTAR PRADESH ACT, 2009 
(U.P. Act No. 1 of 2009)  
 
 
Mk0 'kdqUryk feJk foโ€™ofo|ky;  
ยผfHkUu:is.k ;ksX; gsrqยฝ  
mRrj iznsโ€™k vf/kfu;e] 2009 
ยผmRrj iznsโ€™k 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) โ€œAcademic Councilโ€ means the Academic Council of the 
University constituted under section 22 ; 
(b) โ€œExecutive Councilโ€ means the Executive Council of the 
University constituted under section 14 ; 
 
 
 
(c) โ€œFacultyโ€ means a Faculty of the University ; 
(d) โ€œGeneral Councilโ€ means the General Council of the 
University constituted under section 9 ; 
(e) โ€œHostelโ€ means a unit of residence for students 
maintained or recognized by the University ; 
 (f) โ€œPrescribedโ€ means prescribed by statutes. 
(g) โ€œRegistrarโ€ means the Registrar of the University 
appointed under section 30 ; 
 (h) โ€œstatutesโ€ means the statutes of the University made 
under section 32 ; 
(i) โ€œSecretary -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) โ€œSenior 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 
โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”  

[Dr. Shakuntala Misra Rehabilitation University (For Differently Abled) Uttar Pradesh Act, 2009] 
  (k) โ€œTeacherโ€ means a teacher employed by th e University 
for imparting education and guiding and conducting research 
in the University ;  
 1 [(l) โ€œUniversityโ€ means Dr. Shakuntala Misra National 
Rehabilitation University, Lucknow established under section 3 ] 
(m) โ€œVice Chancellorโ€ means the Vice Cha ncellor of the 
University appointed under section 27 ; 
(n) โ€œVisitorโ€ 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 
โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”  

[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 
โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”โ€”  

[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 โ€˜Aโ€™ and Group โ€˜Bโ€™; 
(ii) the Registrar shall be the Chairperson of the committee 
for all non-teaching posts of Group โ€˜Cโ€™ and Group โ€˜Dโ€™ ; 
 (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 โ€œCโ€ 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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