The UTTAR PRADESH MADAN MOHAN MALAVIYA UNIVERSITY OF TECHNOLOGY ACT, 2013

  
THE UTTAR PRADESH MADAN MOHAN MALAVIYA UNIVERSITY
OF TECHNOLOGY ACT, 2013 1
[ U. P. Act No. 22 of 2013 ]
[As Passed in Hindi by the Uttar Pradesh Legislature,
assented to by the Governor under clause (3) of Article 348 of the
Constitution of India on September 27, 2013 and was published in
theUttar Pradesh Gazette, Extraordinary, dated October 30,
2013]
AN
ACT
to provide for the reconstitution of the Madan Mohan Malaviya
Engineering College, Gorakhpur as Madan Mohan Malaviya University of
Technology and to incorporate it as a non-affiliating, teaching and
research University at Gorakhpur to facilitate and promote studies,
research, technology incubation, product innovation and extension work
in Science. Technology and management Education, and also to achieve
excellence in higher technical education and other matters connected
therewith or incidental thereto.
WHEREAS the Madan Mohan Malaviya Engineering College is
an institution of the Government of Uttar Pradesh affiliated to the
Gautam Buddh Technical University, Lucknow ;
AND WHEREAS it is expedient to confer on the said institution
the statutes of a University to enable it to function more
efficiently as a teaching and research centre to meet the
requirement of higher education and research in the field of
engineering and technology, applied sciences and management
sciences, foster industry relevant research and innovation and to
avail better scopes and opportunities to serve the society and the
nation ;
Short title and
commencement
IT IS HEREBY enacted in the Sixty-fourth Year of the Republic of
India as follows :—
1.(1) This Act shall be called the Uttar Pradesh Madan Mohan
Malaviya University of Technology Act, 2013.
(2) It shall come into force on such date as the State
Government may, by notification in the officialGazette, appoint.
Definitions 2.In this Act, unless the context otherwise requires :—
(a) “Academic Council” means the Academic Council of the
University constituted under section 24 ;
(b) “Academic Staff” means such categories of staff as are
designated by the Statutes to be the academic staff of the University ;
 
1. For Statement of Objects and Reasons see at the end of this Act.
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[The Uttar Pradesh Madan Mohan Malaviya University of Technology Act, 2013]
(c) “Board of Management” means the Board of Management of
the University constituted under section 22 ;
(d) “Campus” means the unit established or constituted by the
University for making arrangements for instruction or research or both;
(e) “Chancellor”, “Vice-Chancellor” and “Pro-Vice-Chancellor”
means respectively the Chancellor, the Vice-Chancellor and the Pro-
Vice-Chancellor of the University ;
(f) “Court” means the Court of the University constituted under
section 20 ;
(g) “Department” means a Department of Studies of the
University to be constituted under the provision of section 27 ;
(h) “Employee” means an employee of the University ;
(i) “Existing Employee” means an employee of the erstwhile
Madan Mohan Malaviya Engineering College who becomes an employee
of the University under the provisions of sub-section (4) of section 5 ;
(j) “Finance Committee” means the Finance Committee of the
University constituted under section 26 ;
(k) “Hall” or “Hostel” means a unit of residence or of corporate life
for the students of the University ;
(l) “Misconduct” means a misconduct prescribed by the Statutes ;
(m) “Prescribed” means prescribed by the Statutes of the
University ;
(n) “Registrar” means the Registrar of the University appointed
under section 15 ;
(o) “Statutes”, “Ordinances” or “Regulations” means respectively,
the Statutes, Ordinances or Regulations of the University appointed
under section 15 ;
(p) “University” means the Madan Mohan Malaviya University of
Technology established under section 4 ;
(q) “University teachers” means Professors, Associate Professors,
Assistant Professors and such other persons as may be appointed for
imparting instruction or conducting research in the University and are
designated as teachers by the Statutes.
Establishment
and
Incorporation
of the
University
3.(1) With effect from such date as the State Government may,
by notification in theGazette, appoint, there shall be established a
University at Gorakhpur by the name of the Madan Mohan Malaviya
University of Technology, comprising the Chancellor, the Vice-
Chancellor, the first members of the Court, the Board of Management,
the Academic Council and the Finance Committee of the University and
all such persons as may hereafter be appointed to such office or as
members so long as they continue to hold such office or membership.
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(2) The University shall be a body corporate.
(3) The University shall be engaged in teaching and research in
emerging areas of higher education with focus on applied sciences,
engineering, technology and management and shall promote inter-
disciplinary education and research to achieve excellence in these and
connected fields.
Effect of
incorporation
of University
4.On and from the commencement of this Act : —
(1) any reference to the Madan Mohan Malaviya Engineering
College, Gorakhpur in any law (other than this Act) or in any contract or
other instrument shall be deemed as a reference to the University ;
(2) all property, movable and immovable, of or belonging to the
Madan Mohan Malaviya Engineering College, Gorakhpur shall vest in
the University ;
(3) all the rights and liabilities of the Madan Mohan Malaviya
Engineering College, Gorakhpur shall be transferred to, and be the
rights and liabilities of the University ;
(4) every person employed by the Madan Mohan Malaviya
Engineering College, Gorakhpur Immediately before the commencement
of this Act shall hold his office or service in the University by the same
tenure, at the same remuneration and upon the same terms and
conditions and with the same rights and privileges as to pension, leave,
gratuity, provident fund, and other matters as he would have held if this
Act had not been passed, and shall continue to do so unless and until
his employment is terminated or he has opted for the University’s terms
and conditions of employment ;
(5) notwithstanding anything to the contrary contained in any
other provision of this Act, existing students of the Madan Mohan
Malaviya Engineering College, Gorakhpur who joined classes before the
establishment of the University under section 4 of this Act, shall
continue to pursue their academic courses and programmes of study
under the enrolment and affiliation of the Gautam Buddh Technical
University, Lucknow, which shall conduct examinations for them and
award degrees to them upon successful completion of the courses and
programmes of study they are pursuing there at presently.
Objects of
the
University
5.The objects of the University shall be :—
(1) to evolve and impart comprehensive higher education with
focus on applied science, engineering, technology, management and
allied areas ;
(2) to facilitate and promote studies leading to award of degrees,
diplomas and certificates ;
(3) to organize advanced studies and promote research, with a
focus on basic and applied sciences, engineering, technology and
management ;
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(4) to achieve excellence in science, engineering, technology,
management and allied areas and matters connected therewith or
incidental thereto ;
(5) to be a change-agent that shall contribute to enable Science
and Technology and related areas of industry to develop state-of-the-art
products and services ;
(6) to be industry relevant and to create an impact on the
academic community in India and abroad ;
(7) to be an open institution to attract the best minds of the
world and to be completely globally integrated ;
(8) to set up innovation foundations, science and technology
parks, knowledge parks and technology incubators to foster techno-
entrepreneurship, innovation and new product development ;
(9) to disseminate knowledge and processes and their role in
national development by organizing lectures, seminars, symposia,
workshops and conferences ;
(10) to promote and foster cultural and ethical values with a view
to promote and foster professional morality, research integrity, globally
acceptable business ethics and morals for professionals ;
(11) to liaise with institutions of higher learning and research in
India and abroad ;
(12) to publish periodicals, treatises, studies, books, reports,
journals and other literature on subjects relating to science,
engineering, technology and management ;
(13) to hold examinations and confer degrees and other academic
distinctions ;
(14) to undertake, study and training projects relating to science,
engineering, technology and management ;
(15) to establish school of studies and departments ;
(16) 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 of the
University
6.The University shall have power :—
(i) to provide for instruction in such branches of learning as the
University may, from time to time, determine and to make provisions for
research and for the advancement and dissemination of knowledge and
skills ;
(ii) to grant, subject to such conditions as the University may
determine, diplomas and certificates to, and confer degrees and other
academic distinctions on persons on the basis of examinations,
evaluation or any other method of testing ;
(iii) to confer honorary degrees or other distinctions ;
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(iv) to organize and to undertake and extension services ;
(v) to create and institute, with the approval of the State
Government, professorships, associate professorships, assistant
professorships and other teaching and academic positions required by
the University and to appoint persons to such and other academic and
research positions ;
(vi) to recognize persons as professors associate professors or
assistant professors and others as teachers of the University ;
(vii) to provide for the terms and conditions of service of teachers
and other members of the academic or administrative staff appointed by
the University, with the approval of the State Government;
(viii) to appoint persons working in any other university or
organization as teachers of the University for a specified period ;
(ix) to create with the approval of the State Government,
administrative, ministerial and other posts in the University and to
make appointment thereto ;
(x) to co-operate or collaborate or associate with any other
university, authority or institution of higher learning in such manner
and for such purpose as the University may determine and with the
prior approval of the Government in case of a Foreign University ;
(xi) to enable the co-operation, collaboration or association of
persons working in any other institution, with persons working in the
University, for imparting instruction or supervising research or both ;
(xii) to build up a body of academia to perform academic
functions, and to pay them remuneration in the manner prescribed ;
(xiii) to set up central facilities like computer centre, instrumen-
tation centre, central workshop, central library, auditorium etc. ;
(xiv) to set up curriculum development cells for different subjects;
(xv) to make provision for research and advisory services and, for
that purpose, to enter into arrangements with other institutions or
bodies as the University may deem necessary ;
(xvi) to determine standards for admission to the University
which may include examination, evaluation or any other method of
selection ;
(xvii) to institute and award fellowships, scholarships,
studentships, medals and prizes ;
(xviii) to prescribe, demand and receive payment of fees and other
charges ;
(xix) to supervise the residence of the students of the University
and to make arrangements for promoting their health and general
welfare ;
 
 
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(xx) to make such special arrangements in respect of women
students as the University may consider desirable ;
(xxi) to regulate the conduct of the students of the University ;
(xxii) to regulate the work and conduct of the employees of the
University ;
(xxiii) to regulate and enforce discipline among the employees
and the students of the University and take such disciplinary measures
in this regard as may be deemed necessary ;
(xxiv) to make arrangements for promoting the health and
general welfare of the employees of the University ;
(xxv) to receive benefactions, donations and gifts from persons
and to name chairs, institutions, buildings and the like as the University
may determine after the names of such reasons whose gift or donation to
the University is worth such amount as the University may decide ;
(xxvi) to create corpus fund for the University and transfer, in full
or part, donations received from alumni, industries and other national
and international organizations as may be approved by the Board of
Management of the University and to decide the modalities for the
utilization of such a corpus fund ;
(xxvii) to acquire, hold, manage and dispose of any property,
movable or immovable, including trust and endowment properties for
the purposes of the University except for the land acquired or building
constructed with the assistance of the Government, in which case prior
approval of the Government shall be required ;
(xxviii) to borrow, with the approval of the Government, on
security of the property of the University, moneys for the purposes of the
University ;
(xxix) to assess the needs in terms of subjects, fields of
specialization, levels of education and training of technical manpower,
both on short and long term basis, and to initiate necessary programmes
to meet these needs ;
(xxx) to initiate measures to enlist the co-operation of the
industry and other expert agencies to provide complementary facilities;
(xxxi) to prescribe a code of ethics, code of conduct and
disciplinary rules for its employees and code of discipline for the
students ; and
(xxxii) to do all such other acts and things as may be necessary
or incidental to the exercise of all or any of the powers of the University
or necessary for or conducive to the attainment of all or any of the
objects of the University.
University
open to all
classes,
castes and
creeds
7.(1) The University shall be open to persons of either sex and of
whatever race, creed, caste or class, and it shall not be lawful for the
University to adopt or impose on any person any test whatsoever of
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religious belief or profession or political opinion in order to entitle him to
be appointed as a teacher of the University or to hold any other office
therein or to be admitted as a student of the University, or to enjoy or
exercise any privilege thereof.
(2) Nothing in this sections shall prevent the University from
making any special provision for the appointment or admission of women
or persons belonging to the weaker sections of the society, and in
particular, for persons belonging to the Scheduled Castes and the
Scheduled Tribes.
Teaching in
the
University
8.(1) The teaching in connection with the degree, diploma and
certificate programmes of the University shall be conducted in
accordance with the Statutes, Ordinances and Regulations.
(2) The courses and curricula and the authorities responsible for
organizing the teaching of such courses and curricula shall be such as
may be laid drawn by the Ordinances.
Officers of
the
University
9.The following shall be the officers of the University :—
(a) the Chancellor ;
(b) the Vice-Chancellor ;
(c) the Pro-Vice-Chancellor ;
(d) the Deans ;
(e) the Registrars ;
(f) the Controller of Finance ;
(g) the Controller of Examinations ; and
(h) such other officers as may be declared by the Statutes to be
officers of the University.
The
Chancellor
10.(1) The Governor of the Uttar Pradesh shall be the Chancellor
of the University.
(2) The Chancellor shall by virtue of his office, be the Head of the
University and Chairman of the Court and, if present, preside over the
meetings of the court and at any convocation of the University.
(3) Every proposal for the conferment of an honorary degree shall
require the approval of the Chancellor.
(4) It shall be the duty of the Vice-Chancellor to furnish such
information or records relating to the administration of the University as
the Chancellor may call for.
(5) The Chancellor shall have such other powers as may be
prescribed.
Vice-
Chancellor of
the
University
11.(1) The Vice-Chancellor shall be a scholar of eminence in one
of the areas of applied sciences, engineering and management, having
administrative experience in a Post Graduate Degree level institution of
higher learning.
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(2) The Vice-Chancellor shall be appointed by the Chancellor
from out of a panel of three names to be recommended by a Search cum
Selection Committee consisting of a nominee of the Chancellor,
Chairman All India Council for Technical Education or his nominee who
is or has been a Vice Chancellor of a University, and Principal
Secretary/Secretary, Technical Education, Government of Uttar
Pradesh, who shall also be the convener of the Committee. The process
for search and selection will be laid down by the Committee.
(3) Only such persons will be considered for selection as Vice
Chancellor who have not attained the age of 65 years. Vice Chancellor
will hold office for a period of three years or till 68 years of age,
whichever is earlier.
(4) Notwithstanding anything contained in the foregoing sub-
sections, the first Vice Chancellor of the University shall be appointed by
the State Government.
(5) The other terms and conditions of appointment, emoluments
and other conditions of service of the Vice Chancellor shall be such as
may be determined by the State Government by a specific or a general
order issued in this behalf.
(6) If in the opinion of the Chancellor, the Vice-Chancellor
willfully omits or refuses to carry out the provisions of this Act or abuses
the powers vested in him, or if it otherwise appears to the Chancellor
that the continuance in office of the Vice-Chancellor is detrimental to
the interests of the University, the Chancellor may, after making such
enquiry as he may deem fit, by order, remove the Vice-Chancellor.
(7) During the pendency or in contemplation of any inquiry
referred to in sub-section (6) the Chancellor may order that till further
orders :—
(a) such Vice-Chancellor shall refrain from performing the
functions of the office of the Vice-Chancellor, but shall continue to get
the emoluments which he was otherwise entitled under sub-section (5).
(b) the functions of the office of the Vice-Chancellor shall be
performed by the person specified in the order.
Powers and
duties of the
Vice-
Chancellor
12.(1) The Vice-Chancellor shall be the principal executive and
academic officer of the University and shall —
(a) exercise general supervision and control over the affairs of the
University ;
(b) give effect to the decisions of the authorities of the University;
(c) in the absence of the Chancellor, preside at meetings of the
Court and at any convocation of the University ;
 
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(d) be responsible for the maintenance of discipline in the
University ;
(e) be responsible for holding and conducting the University
examinations properly and at due times and for ensuring that the
results of such examinations are published expeditiously and that the
academic session of the University starts and ends on proper dates.
(2) He shall beex-officioChairman of the Board of Management,
Academic Council and the Finance Committee.
(3) He shall have the right to speak in and otherwise to take part
in the meeting of any other authority or body of the University but shall
not by virtue of this sub-section be entitled to vote.
(4) It shall be the duty of the Vice-Chancellor to ensure the
faithful observance of the provisions of this Act, the Statutes and the
Ordinance.
(5) The Vice-Chancellor shall have the power to convene or cause
to be convened meetings of the Court, the Board of Management the
Academic Council and the Finance Committee, provided that he may
delegate this power to any other officer of the University.
(6) Where any matter, other than the appointment of academic or
non-academic staff of the University, is of urgent nature requiring
immediate action and the same could not be immediately dealt with by
any officer or the authority or other body of the University empowered by
or under this Act to deal with it, the Vice-Chancellor may take such
action as he may deem fit and shall forthwith report the action taken by
him to the Chancellor and also to the officer, authority, or other body
who or which in the ordinary course would have dealt with the matter :
Provided that no such action shall be taken by the Vice-
Chancellor without the previous approval of the Chancellor, if it would
involve a deviation from the provisions of the Statutes or the
Ordinances :
Provided further that if the officers, authority, or other body is of
opinion that such action ought not to have been taken, it may refer the
matter to the Chancellor who may either confirm the action taken by the
Vice-Chancellor or annul the same or modify it in such manner, as he
thinks fit and thereupon, it shall cease to have effect or, as the case may
be, take effect in the modified form, so however, that such annulment or
modification shall be without prejudice to the validity of anything
previously done by or under the order of the Vice-Chancellor :
Provided also that any person in the service of 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 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.
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(7) Nothing in sub-section (6) shall be deemed to empower the
Vice-Chancellor to incur any expenditure not duly authorized and
provided for in the budget.
(8) The Vice-Chancellor shall exercise such other powers as
prescribed by the Statutes and the Ordinances.
Pro-Vice-
Chancellor of
the
University
13.(1) The Vice-Chancellor, if he considers necessary, may
appoint a Pro-Vice-Chancellor from amongst the Professors of the
University, with the approval of the Board of Management.
(2) The Pro-Vice-Chancellor appointed under sub-section (1) shall
discharge his duties in addition to his duties as a Professor.
(3) The Pro-Vice-Chancellor shall hold office at the pleasure of
the Vice-Chancellor.
(4) The Pro-Vice-Chancellor shall assist the Vice-Chancellor in
respect of such matters, as may be specified by the Vice-Chancellor on
his behalf from time to time and shall preside over the meetings of the
University in the absence of the Vice-Chancellor and shall exercise such
powers and perform such duties as may be assigned or delegated to him
by the Vice-Chancellor.
(5) The Pro-Vice-Chancellor shall be paid honorarium, as may be
prescribed.
The Deans 14.Every Dean shall be appointed in such manner, and shall
exercise such powers and perform such duties as may be prescribed.
The Registrar 15.(1) The Registrar shall be a whole time Officer of the
University.
(2) The Registrar shall be appointed by the State Government on
such terms and conditions as may be prescribed.
(3) The Registrar shall have the power to authenticate records on
behalf of the University.
(4) The Registrar shall be responsible for the due custody of the
records and the common seal of the University. He shall beex-officio
Secretary of the Board of Management. He shall also perform such other
duties as may be prescribed by the Statutes and Ordinances or required,
from time to time, by the Board of Management or the Vice-Chancellor
but he shall not, be entitled to vote.
(5) The Registrar shall not be offered nor he shall accept any
remuneration for any work in the University save such as may be
prescribed.
The
Controller of
Finance
16.(1) There shall be a Controller of Finance for the University,
who shall be appointed by the State Government by a notification
published in theGazette, and his remuneration and allowances shall be
paid by the University.
(2) The Controller of Finance shall be responsible for presenting
the budget (annual estimates) and the statement of accounts to the
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Board of Management and also for drawing and disbursing funds on
behalf of the University.
(3) He shall have the right to speak in and otherwise to take part
in the proceedings of the Board of Management but shall not be entitled
to vote.
(4) The Controller of Finance shall have the duty :—
(a) to ensure that no expenditure, not authorized in the budget,
is incurred by the University (otherwise than by way of investment) ;
(b) to disallow any proposed expenditure which may contravene
the provisions of this Act or the terms of nay Statutes or Ordinances ;
(c) to ensure that no other financial irregularity is committed and
to take steps to set right any irregularities pointed out during audit ;
(d) to ensure that the property and investments of the University
are duly preserved and managed.
(5) The Controller of Finance shall have access to and may
require the production of such records and documents of the University
and the furnishing of such information pertaining to its affairs as in him
opinion may be necessary for the discharge of his duties.
(6) All contracts shall be entered into and signed by the
Controller of Finance on behalf of the University.
(7) Other powers and functions of the Controller of Finance shall
be such as may be prescribed.
The
Controller of
Examinations
17.(1) The Vice-Chancellor may appoint one of the Professors as
the Controller of Examinations, who shall perform his duties in addition
to his duties as a professor and shall be paid an honorarium at
prescribed rates.
(2) The Controller of Examinations shall be responsible for the
due custody of the records pertaining to his work.
(3) He shall beex-officioSecretary of the Examinations
Committee of the University and shall be bound to place before such
committee all such information as may be necessary for transaction of
its business.
(4) He shall also perform such other duties as may be prescribed
by the Statutes and Ordinances as required, from time to time, by the
Board of Management or the Vice-Chancellor but he shall not, by virtue
of this sub-section, be entitled to vote.
(5) He may require, from any office or institute of the University,
the production of such return or the furnishing of such information as
may be necessary for the discharge of his duties.
(6) The Controller of Examinations shall have administrative
control over the employees working under him.
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(7) Subject to the superintendence of the Examinations
Committee the Controller of Examinations shall conduct the
Examinations and make all other arrangements thereof and be
responsible for the due execution of all processes connected therewith.
Other
Officers
18.The manner of appointment, emoluments, powers and duties
of the other officers of the University shall be such as may be prescribed.
Authorities
of the
University
19.The following shall be the authorities of the University :—
(a) the Court ;
(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 Court 20.(1) The Court of the University shall consist of the following
persons ;
(a) the Chancellor ;
(b) the Vice-Chancellor ;
(c) five eminent persons in the disciplines of basic and applied
sciences, engineering, technology and management, nominated by the
State Government ;
(d) the Principal Secretary or Secretary (Finance) to Government
Uttar Pradeshex-officio;
(e) the Principal Secretary or Secretary (Higher Education) to
Government Uttar Pradeshex-officio;
(f) the Principal Secretary or Secretary (Technical education) to
Government Uttar Pradeshex-officio;
(g) a representative of the University Grants Commission ;
(h) a representative of All India Council for Technical Education
established under the All India Council for Technical Education Act,
1987 (Act no. 52 of 1987).
(2) The term of office of the nominated members of the Court,
other thanex-officiomembers, shall be three years.
(3) Where a person has become a member of the Court by reason
of the office or appointment he holds, his membership shall terminate
when he ceases to hold that office and appointment.
(4) A member of the court 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. A member,
other than the Vice-Chancellor, shall also cease to be member if he
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accepts a full time appointment in the University, or if he not being an
ex-officio member fails to attend three consecutive meetings of the Court
without the leave of the Chancellor.
(5) A member of the Court other than an ex-officio member may
resign his office by a letter addressed to the Chancellor and such
resignation shall take effect as soon as it has been accepted by him.
(6) Any vacancy in the Court shall be filled by nomination by the
respective nominating authority and on expiry of the period of the
vacancy; such nomination shall cease to be effective.
Powers,
functions
and meetings
of the Court
21.(1) Subject to the provisions of this Act, the Court shall
review, from time to time, the board policies and programmes of the
University and suggest measures for following other powers and
functions, namely :—
(a) to consider and pass resolutions on the annual report and the
annual accounts of the University and the report of its auditors on such
accounts ;
(b) to advise the Chancellor in respect of any matter which may
be referred to it for advice ;
(c) to perform such other functions as may be prescribed.
(2) The Court shall meet at least one in a year.
(3) An annual meeting of the Court shall be held on the date to
be fixed by the Board of Management, unless some other date has been
fixed by the Court in respect of any year and meeting of the Court shall
be presided over by the Chancellor when he is present.
(4) The annual report of the University during the previous year,
together with annual accounts, the balance sheet as audited, shall be
presented by the Vice-Chancellor to the Court at its annual meeting.
(5) In addition to the annual meeting of the Court may be called
by the Chancellor or by the Vice-Chancellor either on his own or at the
request of not less than half the members of the Court.
(6) For every meeting of the Court ;
(a) normally fifteen days’ notice shall be given ;
(b) one-third of the members existing on the rolls of the Court
shall form the quorum ;
(c) each, member shall have one vote and if there be equality of
votes on any question to be determined by the Court, the person
presiding over the meeting shall, in addition, have a casting vote ;
(d) In case of difference of opinion among the members, the
opinion of the majority shall prevail.
(7) If urgent action by the Court becomes necessary, the Vice-
Chancellor may permit the business to be transacted by circulation of
 
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[The Uttar Pradesh Madan Mohan Malaviya University of Technology Act, 2013]   
papers to the members of the Court. The action so proposed to be taken
shall not be taken unless agreed to by a majority of members of the
Court. The action so taken shall be forthwith intimated to all the
members of the Court. In case the authority concerned fails to take a
decision the matter shall be referred to the Chancellor whose decision
shall be final.
The Board of
Management
22.(1) The Board of Management shall be the principal executive
body of the University and as such, shall have all powers necessary to
administer the University subject to the provisions of this Act and the
Statutes made there under and may make Ordinances and regulations
for that purpose and also with respect to matters provided hereunder.
(2) The Board of Management shall consist of the following
persons, namely :—
(a) the Vice-Chancellor of the University ;
(b) three eminent persons in the disciplines of science,
engineering, technology and management, nominated by the
Government ;
(c) two Professors of the University nominated by the
Government, on the recommendations of the Board of Management ;
(d) two Deans of the University nominated by the Government, on
the recommendation of the Board of Management ;
(e) a representative of an Industry Association, nominated by the
Government ;
(f) the Principal Secretary or Secretary (Finance) to the
Governmentex-officio;
(g) the Principal Secretary or Secretary (Higher Education) to the
Governmentex-officio;
(h) the Principal Secretary or Secretary (Technical Education) to
the Governmentex-officio;
(i) such other member or members as may be prescribed.
(3) Where a person has become a member of the Board of
Management by reason of the office or appointment he holds, his
membership shall terminate when he ceases to hold that office or
appointment.
(4) The term of office of the nominated members of the Board of
Management other thanex-officiomembers shall be three years.
(5) A member of the Board of Management 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.
A member, other than a Vice-Chancellor, Professor or Dean,
shall also cease to be a member if he accepts a full time appointment
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[The Uttar Pradesh Madan Mohan Malaviya University of Technology Act, 2013]   
in the University; or if he not being an ex-officio member fails to attend
three consecutive meetings of the Board of Management without the
leave of the Vice-Chancellor.
(6) A member of the Board of Management other thanex-officio
member may resign his office by a letter addressed to the Vice-
Chancellor and such resignation shall take effect, as soon as it has been
accepted by the Vice-Chancellor.
(7) Any vacancy in the Board of Management shall be filled by
nomination by the respective nominating authority and on expiry of the
period of the vacancy, such nomination shall cease to be effective.
Powers,
functions
and meetings
of the Board
of
Management
23.(1) The Board of Management shall be the principal executive
authority of the University and, as such, shall have all powers necessary
to administer the University subject to the provisions of this Act and the
Statutes made thereunder and may make Ordinances and regulations
for that purpose ;
(2) The Board of Management shall have the following powers
and functions, namely :—
(a) to periodically review the functioning of various academic
departments, schools and research centres to ensure that they are
functioning as per the aims and objects of the University and to give
directions, as deemed necessary, for improvements ;
(b) to take all necessary steps to ensure that the quality of
academic instruction and research in the University meets the
prescribed standards and the graduates of the University are able to
obtain gainful employment or opportunities for higher education and to
periodically review the progress in this regard ;
(c) to present the following to the Court at its annual meeting :-
(i) annual report of the University ; and
(ii) annual accounts ;
(d) to manage and regulate the finances, accounts, investment,
properties, business and all other administrative affairs of the University
and for that purpose, constitute committees and delegate the powers to
such committees or such officers of the University as it may deem fit ;
(e) to invest any money belonging to the University, including any
unapplied income, in or in the purchase of immovable property in India,
with the like power of varying ;
(f) to enter into, every, carryout and cancel contracts on behalf of
the University and, for that purpose to appoint such officers as it may
think fit ;
(g) to provide the buildings, premises, furniture and apparatus
and other means needed for carrying on the work of the University ;
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[The Uttar Pradesh Madan Mohan Malaviya University of Technology Act, 2013]   
(h) to entertain, adjudicate upon, and if it thinks fit, to redress
any grievances of the officers, the teachers, the students and the
employees of the University ;
(i) to create, with the approval of the Government, and appoint
persons to academic as well as other posts in the Institute ;
(j) to appoint examiners and moderators, and if necessary to
remove them and to fix their fees, emoluments and travelling and other
allowances after consulting the Academic council ;
(k) to select a common seal for the University ;
(l) to exercise such other powers and to perform such other
duties as may be considered necessary or imposed on it by or under this
Act.
(3) The Board of Management shall meet, at least, once in three
months and not less than fifteen days’ notice shall be given for such
meetings.
(4) The meetings of the Board of Management shall be called by
the Registrar under instruction of the Vice-Chancellor or at the request
of not less than five members of the Board of Management.
(5) Every meeting of the Board of Management shall be presided
over by the Vice-Chancellor and in his absence by a member chosen by
the members present.
(6) One-third of the members of the Board of Management shall
form the quorum at any meeting.
(7) All decisions of the Board shall be taken on the basis of the
opinion of the majority of the members who are present in any meeting.
Each member of the Board of Management shall have one vote and if
there be equality of votes the Chairman of the Board of Management or,
as the case may be, the member presiding over that meeting shall, in
addition, have a casting vote.
(8) If urgent action by the Board of Management becomes
necessary, the Vice-Chancellor may permit the business to be transacted
by circulation of papers to the members of the Board of Management.
The action so proposed to be taken shall not be taken unless agreed to
by a majority of members of the Board of Management. The action so
taken shall be forthwith intimated to all the members of the Board of
Management. In case the authority concerned fails to take a decision the
matter shall be referred to the Chancellor, whose decision shall be final.
The
Academic
Council
24.(1) The Academic Council shall be the principal academic
body of the University and shall, subject to the provisions of this Act, the
Statutes and the Ordinances, have the control and regulation of, and be
responsible for, the maintenance of standards of instruction, education,
research and examination within the University and shall exercise such
other powers and perform such other duties as may be conferred or
imposed upon it by the Statutes.
 
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[The Uttar Pradesh Madan Mohan Malaviya University of Technology Act, 2013]   
(2) The Academic Council shall have the right to advice the Board
of Management on all academic matters.
(3) The Academic Council shall consist of the following persons,
namely :—
(a) the Vice-Chancellor who shall be the Chairman ;
(b) three persons from amongst educationists of repute or men of
letters or eminent industrialist from disciplines of science, engineering
and management, who are not in the service of the University and
nominated by the State Government ;
(c) a nominee of the University Grants Commission ;
(d) a nominee of the All India Council of Technical Education ;
(e) a nominee of the industry association ;
(f) all Deans of the University ;
(g) three professors nominated by the Vice-Chancellor on rotation
as per seniority ;
(h) all Heads of the schools/departments ;
(i) Controller of examinations ;
(j) two members of the teaching, staff, one each respectively
representing the associate professors and assistant professors
nominated by the Vice-Chancellor.
(k) such other members as may be prescribed.
(4) The term of the members of the Academic Council, other than
ex-officio members, shall be three years.
Powers,
functions
and meetings
of the
Academic
Council
25.(1) Subject to the provisions of this Act, Statutes, Ordinances
and Regulations and overall supervision of the Board of Management,
the Academic Council shall manage the Academic affairs and matters in
the University and in particular shall have the following powers and
functions, namely :—
(a) to report on any matter referred, or delegated, to it by the
Board of Management ;
(b) to make recommendations to the Board of Management with
regard to the creation, abolition or classification of teaching posts in the
University and the emoluments payable and the duties attached thereto;
(c) to formulate and modify or revise schemes for the organization
of the faculties, and to assign to such faculties their respective subjects
and also to report to the Board of Management as to the expediency of
the abolition or sub-division of any faculty or the combination of one
faculty with another ;
(d) to recommend arrangements for the instruction and
examination of persons other than those enrolled in the University ;
 
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[The Uttar Pradesh Madan Mohan Malaviya University of Technology Act, 2013]   
(e) to promote research within, the University and to require from
time to time, reports on such research ;
(f) to consider proposals submitted by the faculties ;
(g) to lay down policies for admissions to the University ;
(h) to recognize diplomas and degrees of other Universities and
Institutes or Institutions and to determine their equivalence in relation
to the certificates, diplomas and degrees of the Universities ;
(i) to fix, subject to any conditions accepted by the Board of
Management, the time, mode and conditions of the competition for
Fellowships, Scholarships and other prizes and to recommend for award
of the same ;
(j) to make recommendations to the Board of Management with
regard to the appointment of examiners and, if necessary, their removal
and fixation of their fees, emoluments and travelling and other expenses;
(k) to recommend arrangements for the conduct of examinations
and the dates for holding them ;
(l) to declare or review the result of the various examinations or
to appoint committees or officers to do so and to make recommendations
regarding the conferment or grant of degrees, honours, diplomas,
licences, titles and marks of honour ;
(m) to recommend stipends, scholarships, medals and prizes and
to make other awards in accordance with the regulations and such other
conditions as may be attached to the awards ;
(n) to approve the syllabus for the prescribed courses of study
and to approve or revise lists of prescribed or recommended text books
and to publish the same ;
(o) to approve such forms and registers as are, from time to time,
required by the Ordinances and regulations ;
(p) to formulate, from time to time, the desired standards of
education to be adhered in drawing up the curriculum and syllabi for
being taught in the University ;
(q) to perform, in relation to academic and research matters, all
such duties and to do all such acts as may be necessary for the proper
carrying out of the provisions of this Act and the Ordinances and
regulations made thereunder.
(2) The Academic Council shall meet as often as may be
necessary, but not less than three times, during an academic year.
(3) Every meeting of the Academic Council be presided over by
the Vice-Chancellor and in his absence by a member chosen by the
members present.
(4) One-third of the members of the Academic Council shall form
the quorum at any meeting.
 
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[The Uttar Pradesh Madan Mohan Malaviya University of Technology Act, 2013]   
(5) All decisions of the Academic Council shall be taken on the
basis of the opinion of the majority of the members who are present in
any meeting. Earth member of the Academic Council shall have one vote
and if there be equality of votes the Chairman of the Academic Council
or, as the case may be, the member presiding over that meeting shall, in
addition, have a castin

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