LexThe UTTAR PRADESH GAUTAM BUDDHA UNIVERSITY ACT, 2002
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THE UTTAR PRADESH GAUTAM BUDDHA UNIVERSITY
ACT, 20021
[U. P. ACT No. 9 OF 2002]
Amended by
U. P. Act No. 21 of 2008
U. P. Act No. 26 of 2013
[As passed by the Uttar Pradesh Legislature, asse nted to by
the Governor on September 5, 2002 and published in U. P. Gazette
extraordinary on September 6, 2002. ]
A
BILL
to establish and incorporate a University sponsored by the
New Okhl a Industrial Development Authority and the Greater
Noida Industrial Development Authority in the State and to
provide for matters connected therewith or incidental thereto.
IT IS HEREBY enacted in the Fifty -third Year of the Republic
of India as follows :—
CHAPTER—1
Preliminary
Short title 1. (1) This Act may be called the Uttar Pradesh G autam
Buddha University Act, 2002.
Definitions 2. (1) In this Act, unless the context otherwise requires, —
(a) “Academic Council” means the Academic Council of the
University ;
(b) “Constituent C ollege” means a college or institution
maintained by the University ;
(c) “Council F or Technical Education” means the All India
Council for Technical Education esta blished under section 3 of the All
India Council for Technical Education Act, 1987 ;
(d) “Distance Education” means imparting of education through
any means of communication such as broadcasting, telecasting,
correspondence course, seminar, contact prog ramme or a combination
of any two or more such means ;
(e) “Education Society” means the Gautam Buddha Education
Society. Lal Bahadur Shastri Bhawan Uttar Pradesh Secretariat,
Lucknow registered with the Registrar of Soci eties, Uttar Pradesh
under the Societies Registration Act, 1860 ;
(f) “Employee” means an employee appointed by the University
and includes teachers and other staff of the University or a constituent
college ;
(g) “Faculty” means a faculty of the University ;
——————————————————————————————————————————
1. For SOR see at the end of this Act.
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106
(i) classes of citizens specified in Schedule 1 of the Uttar
Pradesh Public Services (Reservation fo r Scheduled Castes, Scheduled
Tribes and Other Backward Classes) Act, 1994 ;
(j) “Prescribed” means prescribed by the Statutes ;
(k) “P rincipal” in relation to a constituent college means the
head of the constituent college and includes, where there is n o
principal, the vice -principal or any other person for the time being
appointed to act as principal ;
(l) “Statutes” and “Ordinances” mean, respectively, the Statutes
and Ordinances of the University ;
(m) “Teacher” means a Professor, Associate Professo r, Assistant
Professor or such other person as may be appointed for imparting
instruction or conducting research in the University or in a constituent
college and includes the principal of a constituent college ;
(n) “University” means the Gautam Buddha University
established under this Act.
(2) The words and expressions used but not defined in this Act
and defined in the Information Technology Act, 2000, shall have the
respective meaning assigned to them in that Act.
CHAPTER—II
The University and its objects
Establishment
of the
University
3. (1) The Education Society, which has been promoted by the
New Okhla Industrial Development Authority and the Greater Noida
Industrial Development Authority, shall have the right to establish the
University in accordance with the provisions of this Act.
(2) The Education Society shall, for the purposes of establishing
the University under this Act, fulfill the following conditions, namely:—
(a) acquire such area of land as the State Government may
consider necessary for the establishment of the University ;
(b) create a permanent endowment fund, general fund and
development fund for the purposes of this Act ;
(c) arrange infrastructure and other facilities necessary for
making the University functional ;
(d) make the first Statutes and the first Ordinances ; and
(e) such other conditions as may be required by the State
Government to be fulfilled before the establishment of the University.
(3) Where the State Government is satisfied that the Education
Society has fulfilled the conditions specified in sub -section (2), the
State Government shall issue to the Education Society a certificate of
authorization for the establishment of the University.
(4) On receipt of the certificate of the authorization unde r sub-
section (3), the Education Society shall establish at the headquarters
[The Uttar Pradesh Gautam Buddha University Act, 2002]
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of District Gautam Buddha Nagar, the University by the name of
Gautam Buddha University.
(5) The Chancellor, the Vice -Chancellor, members of the Board
of Governors, members of the Board of Management and the Academic
Council for the time being holding office as such in the University shall
constitute a body corporate by the name of the University.
(6) On the establishment of the University under sub -section
(4), the land and other movable and immovable properties acquired,
created, arranged or built by the Education Society for the purposes of
the University shall stand transferred to, and vest in, the University.
No power to
affiliate any
institution
4. The University may have constituent colleges but shall have
no power to admit any other college or institution to the privileges of
affiliation.
Powers of the
University
5. The University shall have the following powers, namely :—
(a) to provide for instructions in all branches of learning and to
make provision for research and for the advancement and
dissemination of knowledge ;
(b) to institute and confer degrees or other academic distinctions;
(c) to hold examinations for and to grant and confe r degrees or
other academic distinctions to and on, persons, who —
(i) have pursued a course of study in the University or in a
constituent college or under a distance education, or
(ii) have carried on research in the University or in a
constituent college or under a distance education ;
(d) to confer honorary degree or other academic distinctions in
the manner and under conditions laid down in the Statutes ;
(e) to institute and award fellowships, scholarships,
studentships, exhibitions and prizes in accordance with the Statutes ;
(f) to demand and receive such fees and charges as may be
fixed by the Statutes or the Ordinances, as the case may be ;
(g) to make provisions for the advancement of education in
information Technology and allied fields ;
(h) to make provisions for extracurricular activities for students
and employees ;
(i) to make appointments of officers and employees of the
University or a constituent college ;
(j) to receive benefactions, donations and gifts and to acquire,
hold, ma nage and dispose of any movable or immovable property,
including trust and endowment properties for the purposes of the
University or a constituent college ;
(k) to institute and maintain halls and to recognize places of
residence for students of the University or a constituent college ;
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(l) to supervise and control the residence and to regulate the
discipline, of the students of the University or a constituent college and
to make arrangements for promoting their health ;
(m) to create administrative ministerial and other necessary
posts ;
(n) to co -operate or collaborate with other University in such
manner and for such purposes as the University may determine from
time to time ;
(o) to provide distance education ;
(p) to organise and conduct refresher courses, orientation
courses, workshops, seminars and other programmes for teachers,
evaluators and other academic staff ;
(q) to determine standards of admission to the University or a
constituent college ;
(r) to lay down conditions of service of all categories of
employees of the University or a constituent college ;
(s) to borrow upon the security of the property of the University
for the purposes of the University or a constituent college ; and
(t) to do all such other acts or things, whether incidental to the
powers aforesaid or not, as may be necessary to further the objects of
the University.
University
open to all
classes,
creeds and
Sex
6. The University shall be open to all persons irrespe ctive of
class, creed or sex :
Provided that the University shall in each branch of learning
reserve twenty three per cent of the seats for the students belonging to
the Scheduled Castes and twenty -seven per cent of the seats for the
students belonging to the other backward classes of citizens :
Provided further that nothing in this section shall be deemed to
require the University or a constituent college to admit in any course of
study a larger number of students than may be determined by the
Statutes.
Residence of
Students
7. Every student of the University, other than a student who
pursues a course of study by distance education, shall ordinarily
reside in a hall under such terms and conditions as may be prescribed
by the Ordinances.
CHAPTER—III
Officers of the University
Officers of
the
University
8. The following shall be the officers of the University :—
(a) the Chancellor ;
(b) the Vice-Chancellor ;
(c) the Pro-Vice Chancellor ;
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(d) the Deans of Faculties ;
(e) the Registrar ;
(f) the Finance Officer ; and
(g) such other officers as may be declared by the Statute s to be
officers of the University.
The
Chancellor
9. (1) The Chief Minister of Uttar Pradesh shall be Ex -officio
Chancellor of the University.
(2) The Chancellor shall by virtue of his office, be the head of
the University.
(3) The Chancellor shall have such powers as may be conferred
on him by this Act or the rules made thereunder.
(4) Every proposal for the conferment of an honorary degree or
distinction shall be subject to the confirmation of the Chancellor.
(5) The Chancellor shall, if presen t, preside at the convocation
of the University held for conferring degrees and may delegate to nay
officer of the University such of his powers as he may consider
necessary.
The Vice-
Chancellor
10. (1) The Vice-Chancellor shall be appointed, on such t erms
and conditions as may be prescribed, for a term of 1[three years] by the
Chancellor from a panel of three persons recommended by the
Committee constituted in accordance with the provisions of sub -
section (2).
2[ (2) The Committee referred to in su b-section (1) shall consist
of the following persons, namely :—
(a) one person nominated by the Chancellor,
(b) the Director (sitting or retired) of an Indian Institute of
Technology or an Indian Institute of Management.
(c) the Industrial Development Commissioner or, as the case
may be, the Principal Secretary to the Government of Uttar Pradesh in
the Industrial Development Department ;
(d) Two persons nominated by the Board of Governors one of
whom shall also be appointed as the convener of the Comm ittee by the
Board of Governors. And if none of the persons referred to in clauses
(a), (b) and (c) belong to the Scheduled Castes, at last one of the
persons nominated under this clause shall be from the Scheduled
Castes. ]
(3) The Committee shall, on t he basis of merit, prepare a panel
of the names of three persons suitable, to hold the office of the Vice-
——————————————————————————————————————————
1. Subs. by sec. 2(a) of U. P. Act no. 26 of 2013.
2. Subs. by sec. 2 of U. P. Act no. 21 of 2008.
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114
Chancellor and forward the same to the Chancellor along with a
concise statement showing the academic qualifications and other
distinctions of each such person.
1[(3-a) (a) Only such person shall be eligible for appointment to
the office of Vice-Chancellor who has not attained the age of 65 years ;
(b) The Vice -Chancellor shall hold office for a term of three
years from the date he enters upon his office or till he attains the age
of sixty-eight years whichever is earlier ; ]
(4) The Vice -Chancellor shall be the principal executive and
academic officer of the University and shall exercise general
supervision and control over the affairs of the University and give effect
to the decisions of the authorities of the University.
(5) Where any matter other than the appointment of a teacher
is of urgent nature requiring immediate action and th e same could not
be immediately dealt with by any officer or the authority or other body
of the University empowered by or under this Act to deal with it, the
Vice-Chancellor may take such action as he may deem fit and shall
forthwith report the action tak en by him to the Chancellor and also to
the officer, authority, or other body who or which in the ordinary
course, would have dealt with the matter :
Provided that no such action shall be taken by the Vice -
Chancellor without the previous approval of the Chancellor, if it would
involve a deviation from the provisions of the Statutes or the
Ordinances :
Provided further that if the officer, authority, or other body is of
opinion that such action ought not to have been taken, it may refer the
matter to the Chancellor who may either confirm the action taken by
the Vice-Chancellor or annul the same or modify it in such manner, as
he thinks fit and thereupon, it shall cease to have effect or, as the case
may be, take effect in the modified form, so however, th at such
annulment or modification shall be without prejudice to the validity of
anything previously done by or under the order of the Vice-Chancellor :
Provided also that any person in the service of the University
who is aggrieved by the action taken by the Vice-Chancellor under this
sub-section, shall have the right to appeal against such action to the
Board of management within three months from the date on which the
decision on such action is communicated to him and thereupon, the
Board of Management may confirm, modify or reverse the action taken
by the Vice-Chancellor.
(6) The Vice -Chancellor shall exercise such other powers and
perform such other duties as may be laid down by the Statutes or the
Ordinances.
——————————————————————————————————————————
1. Ins. by sec. 2(b) of U. P. Act no. 26 of 2013.
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116
1[(7) If in the opi nion of the Chancellor, the Vice -Chancellor
willfully omits or refuses to carry out the provisions of this Act or
abuses the pow ers vested in him, or if it otherwise appears to the
Chancellor that the continuance of the Vice -Chancellor in office is
detrimental to the interest of the University, the Chancellor may, after
making such inquiry as he deems proper by order, remove the Vice -
Chancellor.
(8) During the pendency or in contemplation, of any inquiry
referred to in sub -section (7) the Chancellor may order that till further
orders —
(a) such Vice -Chancellor shall refrain from performing the
functions of the office of Vice -Chancellor, but shall continue to get the
emoluments to which he was otherwise entitled.
(b) the functions of the office of the V ice-Chancellor shall be
performed by the person specified in the order. ]
The Pro-Vice-
Chancellor
11. A Pro -Vice-Chancellor may be appointed by the Vice -
Chancellor in such manner to exercise such powers and perform such
duties as may be prescribed.
Deans of
Faculties
12. Deans of faculties shall be appointed by the Vice -
Chancellor in such manner to exercise such powers and perform such
duties as may be prescribed.
The Registrar 13. 2 [(1) The Registrar shall be appointed by the Board of
management in s uch manner and on such terms and conditions as
may be prescribed. ]
(2) All contracts shall be entered into and signed by the
Registrar on behalf of the University.
(3) The Registrar shall have the power to authenticate records
on behalf of the Universi ty and shall exercise such other powers and
perform such other duties as may be prescribed or may be required
from time to time, by the Chancellor or the Vice-Chancellor.
(4) The Registrar shall be responsible for the due custody of the
records and the common seal of the University and shall be bound to
place before the Chancellor, the Vice -Chancellor or any other
authority, all such information and documents as may be necessary
for transaction of their business.
The Finance
Officer
3[ 14. The Finance Officer shall be appointed by the Board of
Management in such manner and shall exercise such powers and
perform such duties as may be prescribed or may be required by the
Chancellor, the Vice-Chancellor or the Registrar. ]
——————————————————————————————————————————
1. Ins. by sec. 2(c) of U. P. Act no. 26 of 2013.
2. Subs. by sec. 3 of U. P. Act no. 21 of 2008.
3. Subs. by sec. 4 of U. P. Act no. 21 of 2008.
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118
Other
Officers
15. The manner of appointment, terms and conditions of
service and powers and duties of the other officers of the University
shall be such as may be prescribed.
CHAPTER—IV
Authorities of the University
Authorities
of the
University
16. The follo wing shall be the authorities of the University,
namely :—
(a) The Board of Governors ;
(b) The Board of Management ;
(c) The Academic Council ;
(d) The Finance Committee ; and
(e) such other authorities as may be declared by the Statutes to
be the authorities of the University.
The Board of
Governors
and its
powers
17. (1) The Board of Governors shall consist of, —
1[(a) the President of Gautam Buddha Education society who
shall be the Chairperson thereof ; ]
(b) the Vice-Chancellor who shall be the Member-Secretary ;
(c) three persons, nominated by the Education Society, of whom
one shall be from the Scheduled Castes and one from the other
backward classes of citizens.
(d) Secretary to the State Government in the I ndustrial
Development Department or his nominee not below the rank of Special
Secretary to the State Government ; and
(e) two academicians of which one shall be nominated by the
Council for Technical Education and the other by the University
Grants Commission ;
(2) The Board of Gover nors shall be the principal governing
body of the University and shall have the following powers, namely :—
(a) to review decisions of the other authorities of the University
if they are not in conformity with the provisions of this Act, or the
Statutes or the Ordinances ;
(b) to approve the budget and annual report of the University ;
(c) to lay down policies to be pursued by the University ;
(d) to make new or additional Statutes or amend or repeal the
first Statutes ;
(e) to take decision about vo luntary winding up of the
University ; and
(f) to approve proposals for submission to the State Government.
——————————————————————————————————————————
1. Subs. by sec. 5 of U. P. Act no. 21 of 2008.
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120
(3) The Board of Governors sha ll, from time to time, meet at
the intervals not exceeding six months at such time and place as the
Chancellor thinks fit.
The Board of
Management
18. (1) The Board of Management shall consist of, —
(a) the Vice-Chancellor ;
(b) a nominee of the Council for Technical Education ;
(c) three persons, nominated by the Education Society, of
whom one shall be from the Scheduled Castes and one from the other
backward classes of citizens ;
(d) three professors of the University, each from different
disciplines, by rotation on the basis of seniority ;
(e) one professor from each faculty who shall be nominated by
the Chancellor ; and
(f) Secretary to the State Government in the Industrial
Development Department or his nominee not below the rank of Joint
Secretary to the State Government.
(2) The Vice -Chancellor shall be the Chairperson of the Board
of Management.
(3) The Registrar shall be the Secretary of the Board of
Management.
(4) The powers and functions of the Board of Management
shall be such as may be prescribed.
The Academic
Council
19. (1) The Academic Council shall consist of, —
(a) the Vice-Chancellor, who shall be the Chairperson ;
(b) the Registrar, who shall be the Secretary, and
(c) such other members as may be prescribed.
(2) The Academic Council shall be the principal academic body
of the University and shall, subject to the provisions of this Act, the
rules, the Statutes and the Act, co -ordinate and exercise general
supervision over the academic policies of the University.
The Finance
Committee
20. (1) The Finance Committee shall consist of, —
(a) the Vice-Chancellor, who shall be the Chairperson ;
(b) the Finance Officer ;
(c) one officer not below the rank of Special Secretary to the
State Government nominated by the State Government ; and
(d) such other members as may be prescribed ;
(2) The Finance Committee shall be the principal financial
body of the University to take care of financial matters and shall,
subject to the provisions of this Act, the rules, the Statutes and the
Ordinances, co -ordinate and exercise general supervision over the
financial matters of the University.
[The Uttar Pradesh Gautam Buddha University Act, 2002]
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Other
Authorities
21. The Constitution, powers and functions of the other
authorities of the University shall be such as may be prescribed.
Proceedings
not to be
invalidated on
account of
vacancy
22. No Act or proceeding of any authority of the University
shall be invalid merely by reason of the existence of any vacancy or
defect in the constitution of the authority.
CHAPTER—V
Statutes and Ordinances
Statutes 23. Subject to the provisions of this Act, and the rules, the
Statutes may provide for any matter relating to the University and
shall, in particular, provide for, —
(a) the Procedure for transaction of business of the authorities
of the University and the com position of bodies not specified in this
Act;
(b) the operation of the permanent endowment fund, the
general fund and the development fund ;
(c) the terms and conditions of appointment of the Vice -
Chancellor, the Registrar and the Finance Officer and the ir powers
and functions ;
(d) the mode of recruitment and the conditions of service of the
other officers, teachers and employees of the University ;
(e) the procedure for resolution of disputes between the
University and its officers, faculty members, employees and students ;
(f) creation, abolition or restructuring of departments and
faculties ;
(g) the manner of co -operation with other Universities or
institutions of higher learning ;
(h) the procedure for conferment of honorary degrees ;
(i) provisions regarding grant of freeships and scholarships ;
(j) number of seats in different courses of studies and the
procedure of admission of students to such courses including
reservation of seats ;
(k) the fee chargeable from students for various courses of
studies ;
(l) institution of fellowships, scholarships, studentships, free
ships, medals and prizes ;
(m) procedure for creation and abolition of posts ; and
(n) other matters which are to be or may be prescribed.
First Statutes
how made
24. The first Statutes shall be made by the Education Society
and the Statutes so made shall be submitted to the State Government
for its approval which may give its approval with or without modification.
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124
Power to
amend the
Statutes
25. The Board of Governors may, with prior approval of the
State Government make new or additional Statutes or amend or repeal
the Statutes.
Ordinances 26. Subject to the provisions of this Act, the rules and the
Statutes, the Ordinances may provide for all or any of the following
matters, namely :—
(a) admission of students to the University and their enrolment
and continuance as such ;
(b) the courses of study to be laid down for all degrees and
other academic distinctions of the University ;
(c) the award of degrees and other academic distinctions ;
(d) the conditions of the award of fellowships, scholarships,
studentships, medals and prizes ;
(e) the conduct of examinations and the conditions and mode of
appointment and duties of examining bodies, examiners, invigilators,
tabulators and moderators ;
(f) the fee to be charged for admission to the examinations,
degrees and other academic distinctions of the University ;
(g) the conditions of residence of the students at the University
or a constituent college ;
(h) maintenance of discipline am ong the students of the
University or a constituent college ;
(i) all other matters which by this Act, the rules or the Statutes,
may be provided for by the Ordinances.
First
ordinances
27. (1) The first Ordinances shall be made by the Education
Society and the Ordinances so made shall be submitted to the State
Government for its approval, which may within two months from the
date of receipt of the first Ordinances, give its approval with or without
modification.
(2) Where the State Government fails t o take any decision with
respect to the approval of the first Ordinances within the period
specified under sub -section (1), it shall be deemed that the State
Government has approved the first Ordinances.
Power to
amend
Ordinances
28. The Academic Council may, with the approval of the Board
of Management, make new or additional Ordinances or amend or
repeal the Ordinances, subject to the approval of the State Government.
CHAPTER—VI
Miscellaneous
Conditions of
service of
employees
29. 1 [(1) Every employ ee in the first instance shall be
appointed under a written contract, which shall be lodged with the
University and a copy of which shall be furnished to the employee
concerned. ]
——————————————————————————————————————————
1. Subs. by sec. 6 of U. P. Act no. 21 of 2008.
[The Uttar Pradesh Gautam Buddha University Act, 2002]
126
(2) Any dispute arising out of the contract between the
University and an employee shall, at the request of the employee, be
referred to a tribunal of arbitration consisting of one member
appointed by the Board of Management, one member nominated by the
employee concerned and an umpire appointed by the Chancellor.
(3) The decision of the tribunal in such matter shall be final.
(4) The procedure for regulating the work of the tribunal shall
be such as may be prescribed.
Procedure of
appeal and
arbitration in
disciplinary
cases against
students
30. (1) Any student or candidate for an examination whose
name has been removed from the rolls of the University or a
constituent college by the orders of the Vice-Chancellor or the principal
or by the resolution of the Academic Council, as the case may be, and
who has been debarred from appearing at the examination of the
University for more than one year, may, within ten days of the date of
receipt of such order or copy of such resolution, appeal to the Board of
Management which may confirm, modify or reverse the decision of the
Vice-Chancellor, the Academic Council or the principal, as the case may be.
(2) Any dispute arising out of any disciplinary action take n by
the University against a student shall, at the request of such student,
be referred to a tribunal of arbitration and the provisions of sub -
section (2) to (4) of section 29 shall, mutatis mutandis , apply to a
reference made under this sub-section.
Right to
appeal
31. Every employee or student of the University or of a
constituent college shall, notwithstanding anything contained in this
Act, have a right to appeal within such time as may be prescribed, to
the Board of Management against the decision o f any officer or
authority of the University or of the principal of any such college, as
the case may be, and thereupon the Board of Management may
confirm, modify or reverse the decision appealed against.
Provident
and pension
funds
32. The University shall constitute for the benefit of its
employees such provident or pension fund and provide such insurance
scheme as it may deem fit in such manner and subject to such
conditions as may be prescribed.
Disputes as
to
constitution
of University
authorities
and bodies
33. If any question arises as to whether any person has been
duly elected or appointed as, or is entitled to be, a member of any
authority or other body of the University, the matter shall be referred
to the Chancellor whose decision thereon shall be final.
Constitution
of
committees
34. Where any authority of the University is given power by
this Act or the Statutes to appoint committees, such committees shall,
save as otherwise provided, consist of any or all the members of the
authority concerned and of such other persons, if any, as the authority
in each case may think fit.
Filling of
casual
vacancies
35. Any casual vacancy among the members, other than ex -
officio members, of any Authority or body of the University shall be
filled in the same manner in which the member whose vacancy is to be
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128
filled up, was chosen, and the person filling the vacancy shall be a
member of such authority or body for the residue of the term for which
the person whose place he fills would have been a member.
Protection of
action taken
in good faith
36. No suit or legal proceeding s shall lie against any officer or
other employee of the University for anything which is in good faith
done or intended to be done in pursuance of the provisions of this Act,
the Statutes or the Ordinances.
Transitory
provisions
37. Notwithstanding anything contained in any other
provisions of this Act and the Statutes :—
(a) the first Vice -Chancellor shall be appointed by the
Chancellor and the said officer shall hold office for a term of five years ;
(b) the first Registrar and the first Finance Officer shall be
appointed by the Chancellor who shall hold office for a term of three
years ;
(c) the first Board of Governors shall consist of not more than
eleven members who shall be nominated by the Chancell or and they
shall hold office for a term of three years ; and
(d) the first Board of Management, the first Finance Committee
and the first Academic Council shall be constituted by the Chancellor
for a term of three years.
Permanent
endowment
fund
38. (1) The University shall establish a permanent endowment
fund of at least rupees ten crores which may be increased by
notification issued in this behalf by the State Government from time to
time.
(2) The University shall have the power to invest the per manent
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.
1[ (4) Any amount exceeding the minimum amount specified in
sub-section (1) may be withdrawn from the permanent endowment
fund by the University to be credited to the general fund to meet the
recurring/nonrecurring expenses of University. ]
General
funds
39. (1) The University shall establish a general fund to which
the following amount shall be credited, namely :—
(a) all fees which may be charged by the University ;
(b) all sums received from any other source ;
(c) all contributions made by the Education Society ; and
(d) all contributions made in this behalf by any othe r person or
body which are not prohibited by any law for the time being in force.
(2) The moneys credited to the general fund shall be applied to
meet all the recurring expenditure of the University.
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1. Subs. by sec. 7 of U. P. Act no. 21 of 2008.
[The Uttar Pradesh Gautam Buddha University Act, 2002]
130
Development
fund
40. (1) The University shall also establish a development fund
to which following moneys shall be credited, namely :—
(a) development fees which may be charged from students ;
(b) all sums received from any other source for the purposes of
the development of the University ;
(c) all contributions made by the Education Society ;
(d) all contributions made in this behalf by any other person or
body which are not prohibited by any law for the time being in force ;
and
(e) 1[ X X X ]
(2) The moneys credited to the development fund from time t o
time shall be utilized for the development of the University.
Maintenance
of funds
41. The funds established under sections 38, 39 and 40 shall,
subject to general supervision and control of the Board of Governors,
be regulated and maintained in such manner as may be prescribed.
Annual
report
42. (1) The annual report of the University shall be prepared
under the direction of the Board of Management and shall be
submitted to the Board of Governors for its approval.
(2) The Board of Governors shal l consider the annual report in
its meeting and may approve the same with or without modification.
(3) A copy of the annual report duly approved by the Board of
Governors shall be sent to the State Government.
Accounts and
audit
43. (1) The annual acc ounts and balance sheet of the
University shall be prepared under the direction of the Board of
Management and all moneys accruing to or received by the University
from whatever source and all amount disbursed or paid shall be
entered in the account maintained by the University.
(2) The annual accounts and the balance sheet of the University
shall be audited by such auditor and at such intervals as may be
prescribed.
(3) A copy of the annual accounts and the balance sheet
together with the audit report shall be submitted to the Board of
Governors.
(4) The annual accounts, the balance sheet and the audit report
shall be considered by the Board of Governors at its meeting and the
Board of Governors shall forward the same to the State Government
along with its observations thereon.
Mode of
proof of
University
record
44. 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
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1. Omit. by sec. 8 of U. P. Act no. 21 of 2008.
[The Uttar Pradesh Gautam Buddha University Act, 2002]
132
duly maintained by the University, if certified by the Registrar, shall be
received as prima facie evidence of such receipt, application, notice,
order, proceeding, resolution or document or the existence of entry in
the register and shall be admitted as evidence of the matters and
transaction therein recorded w here the original the reof would if
produced, have been admissible in evidence.
Dissolution
of Education
Society
45. (1) If the Education 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 the notice referred to in sub -section (1), the
State Government shall make such arrangements for administration of
the University from the date of dissolution of the Education Society
and until the last batch of students in regular Courses of studies of the
University complete their courses of studies in such manner as may be
prescribed by the rules.
Expenditure
of the
University
during
dissolution of
Education
Society
46. (1) The expendit ure for administration of the University
during the taking over period of its management under section 45 shall
be met out of the permanent endowment fund, the general fund or the
development fund.
(2) If the funds referred to in sub-section (1) are not sufficient to
meet the expenditure of the University during the taking over period of
its management, such expenditure may be met by disposing of the
properties or assets of the University by the State Government.
Power to
issue
directions
47. The State Government shall have the following powers
also, namely :—
(a) to issue direction with respect to any matter required to be
done by the University or under this Act or the rules, the Statutes or
the Ordinances made thereunder ; and
(b) to order framing of Statutes on any subject.
Winding up
of the
University by
the State
Government
48. (1) Where the State Government is satisfied that any of the
directions given by it to the University under this Act is not complied
with, or, on receipt of complaint w ith respect to mismanagement of the
University it shall require the University to show cause within such
time as it may deem proper, but which shall not be less than one
month, as to why the University should not be wound up.
(2) If, upon receipt of t he reply of the University to the notice
given under sub -section (1), the State Government is satisfied that a
prima facie case of mismanagement or violation of the provisions of
this Act, the rules the Statutes, the Ordinances or any direction issued
thereunder is made out, it shall order such inquiry as it deems
necessary.
(3) For the purposes of an inquiry under sub -section (2), the
State Government shall, by notification, appoint an officer or authority
as the inquiring authority to inquire into and report upon the allegations
[The Uttar Pradesh Gautam Buddha University Act, 2002]
134
of mismanagement, violation of the provisions of this Act, the rules,
the Statutes, the Ordinances or any direction issued thereunder.
(4) Where t he State Government considers it necessary or
expedient to suspend the Board of Governors or the Board of
Management for the purposes of an inquiry with respect to the affairs
of the University, it may, by notification, order the suspension of the
Board of Governors or the Board of Management as the case may be
and make such arrangement for the administration of the University
as it considers necessary till the conclusion of the inquiry.
(5) Every inquiring authority appointed under sub -section (3)
shall, while performing its functions under this Act, have all the
powers of a Civil Court trying a suit and in particular in respect of the
following matters, namely :—
(a) summoning and enforcing the attendance of any witness
and examining him on oath ;
(b) requiring the discovery and production of any document ;
(c) requisitioning any public record or copy thereof from any
office ;
(d) receiving evidence on affidavits ;
(e) any other matter which may be prescribed by the rules.
(6) If, upon receipt o f the inquiry report, the State Government
is satisfied that the University has been mismanaged or has violated
any provisions of this Act, the rules, the Statutes, the Ordinances or
any direction issued thereunder it may , by notification, order winding
up of the University.
(7) While issuing a notification under sub -section (6) the State
Government shall make further arrangement for the administration of
the affairs of the University, till current courses of study are over.
(8) During the period of m anagement of the University under
sub-section (7), 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 a re not sufficient to meet the requisite
expenditure of the University, the State Government may dispose of
the assets or properties of the University to meet the said expenses.
(9) Every notification under sub -section (6) shall be laid before
both Houses of the State Legislature.
Power to
make rules
49. The State Government may, by notification, make rules for
carrying out the provisions of this Act.
Removal of
difficulties
50. (1) If any difficulty arises in giving effect to the provisions
of this Act, the State Government may, by a notified order, make such
provisions, not inconsistent with the provisions of this Act, as appear
to it to be necessary or expedient for removing the difficulty :
[The Uttar Pradesh Gautam Buddha University Act, 2002]
136
Provided that no order under sub -section (1) shall be made
after the expiration of a period of three years from the commencement
of this Act.
(2) Every order made under sub -section (1) shall, as soon as
may be after it is made, be laid befo re both the Houses of the State
Legislature and the provisions of sub -section (1) of section 23 -A of the
Uttar Pradesh General Clauses Act, 1904 shall apply as they apply in
respect of rules made by the State Government u nder any Uttar
Pradesh Act.
———————
STATEMENT OF OBJECTS AND REASONS
Keeping in view the present day International Scenario in
Science, information Technology, International Law, Buddhist studies
and subjects related to weaker section of the Society, est ablishment of
a university which shall provide for instruction in all such branches of
learning and to make a provision for research and dissemination of
knowledge, has become necessary. It is proposed to create a center of
excellence, which will provide for higher level learning facilities and
ensure facilities for research and advancement in those fields. Gautam
Budh Nagar with various infrastructural facilities of the highest order
was found to be most suitable place for opening of such a university in
the name of Gautam Budh Vishwavidyalaya. S ince it was not possible
for the State Government with its limited Financial resources to
establish such a university, it was decided to establish the same
sponsored by Gautam Budh Education Society duly registered under
the Society Registration Act 1860. The said Society shall be promoted
by the New Okhala Industrial Development Authority and Greater New
Okhala Industrial Development Authority for purposes of creating the
required necessary infrastructure for this university.
The Uttar Pradesh Gautam Buddha University Bill, 2002 is
introduced accordingly.
2