LexThe atal bihari vajpayeemedical university uttar pradesh act 2018
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this act1 THE ATAL BIHARI VAJPAYEE MEDICAL UNIVERSITY, UTTAR PRADESH ACT, 2018 (U.P. ACT NO. 42 OF 2018) [As passed by the Uttar Pradesh Legislature, assented to by the Governor and published in Uttar Pradesh Gazette Extraordinary on December 22, 2018] AN ACT to provide for the establishment of a State Medical University, at Lucknow in the Uttar Pradesh by the name of Atal Bihari Vajpayee Medical University, Uttar Pradesh and for matters connected therewith and incidental thereto. IT IS HEREBY enacted in the Sixty-ninth Year of the Republic of India as follows:– CHAPTER-I PRELIMINARY Short title, extent and commencement 1. (1) This Act may be called the Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018. (2) It extends to the whole of the State of Uttar Pradesh. (3) It shall come into force on such date as the Government may, by notification, appoint and different dates may be appointed for different provisions of this Act. Definitions 2. In this Act, unless the contexts otherwise requires:– (1) ‘Academic Council’ and ‘Executive Council’ means, respectively, the Academic Council and the Executive Council of the University; (2) ‘Affiliated College’ or ‘Affiliated Institution’ means a college or an institution affiliated to the University in accordance with the provisions of this Act and Statutes made thereunder; (3) ‘Appointed Date’ means the date notified by the State Government under sub-section (3) of section 1; (4) ‘Dental Sciences, Medicine and Nursing’ shall have the meanings respectively assigned to them in the Dentists Act, 1948, the Indian Medical Council Act, 1956 and the Indian Nursing Council Act, 1947; (5) ‘Faculty’ means a Teaching Faculty of the University; (6) ‘Government’ means the State Government of Uttar Pradesh; (7) ‘Hostel’ means a unit of residence for students maintained or recognized by the University; (8) ‘Management’ in relation to an affiliated college means the managing committee or other body charged with managing affairs of that college and recognized as such by the University; (9) ‘Medical Sciences’ means modern scientific medicine in all its branches and include surgery, dental sciences, nursing, para-medical sciences and other allied disciplines in all their branches; [The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018] 2 (10) ‘Prescribed’ means prescribed by the Statutes; (11) ‘Statutes’, ‘Ordinances’ and ‘Regulations’ means receptively the Statutes, Ordinances and Regulations of the University; (12) ‘Teacher’ means a teacher employed by the University or its Affiliated Colleges for imparting instructions or guiding or conducting research and includes a Director or a Principal of an Affiliated College; (13) ‘University’ means the Atal Bihari Vajpayee Medical University,Uttar Pradesh established under this Act. CHAPTER-II THE UNIVERSITY Incorporation of the University 3. The Chancellor, the Vice-Chancellor and the members of the Executive Council and the Academic Council, for the time being holding office as such in the University shall constitute a body corporate by the name of Atal Bihari Vajpayee Medical University, Uttar Pradesh. First appoint- ment of Vice- Chancellor and staff 4. (1) First Vice-Chancellor shall be appointed by the Government for two years. (2) The Pro-Vice-Chancellor and Medical Superintendent(s) of Hospitals may be appointed by the Vice-Chancellor from amongst the Professors of the University. Objects of the University 5. The objects of the University shall be:– (a) to disseminate and advance knowledge in medicine, dental sciences, nursing, pharmacy, para-medical and such other disciplines as may be prescribed from time to time and to ensure efficient and systematic instructions, teaching, training and research therein, (b) to provide for multi-disciplinary and super speciality hospitals including trauma centers, (c) to treat patients in its hospitals and health centers, (d) to affiliate, supervise and regulate affiliated (government and privately managed) colleges and to conduct examinations thereto, (e) to administer, manage and control the hospitals, diagnostic centers and blood banks, (f) to facilitate research in traditional and innovative areas, (g) to establish a center for imparting training to teachers and other technical and para-medical aspirants, and (h) to implement various schemes of Union, State and other agencies. Powers and duties of the University 6. The University shall have the powers and functions:– (i) to institute teaching and training in such branches of medicine, dental sciences, nursing, para-medical and other disciplines as the University may think fit and to make provisions for research and for the advancement and dissemination of knowledge in those branches and manage the accreditation thereof; [The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018] 3 (ii) to institute and award degrees, in affiliated medical colleges, dental colleges, nursing institutions and para-medical institutions and such constituent & autonomous colleges; (iii) to admit students to the various courses of study of the University and to conduct examinations or tests and lay down conditions in respect thereof; (iv) to hold examinations for, and to grant and confer degrees, post-graduate diplomas and other academic distinctions to persons, who:– (a) have pursued a course of study in the University or its affiliated Colleges; or (b) have carried on research in the University; (v) to confer honorary degrees or other academic distinctions in the manner and under conditions laid down in the Statutes; (vi) to provide such lectures, instructions and training for aspirants, not being students of the University, as the University may determine; (vii) to co-operate or collaborate with other Universities and authorities in such manner and for such purpose, as the University may determine; (viii) to institute and award scholarship, fellowships, studentship, stipend, medals, prizes and to undertake other student welfare activities; (ix) to recognize for the purposes of admissions to a course of study for a degree, as equivalent to its own degree, any degree conferred by another University or as equivalent to the Intermediate Examination of the Board of High School and Intermediate Education, Uttar Pradesh or any equivalent examination conducted by any other University or Authority; (x) to establish, maintain and administer institutes of research, hospitals, laboratories, libraries or other things necessary to carry out the objects of the University; (xi) to establish, maintain and administer hostels and to recognize places of residence for students of the University; (xii) to fix and collect fees and other charges; (xiii) to supervise and control the residents and to regulate the discipline of students of the University, and to make arrangements for promoting their health; (xiv) to create teaching, administrative, technical, non- teaching and other necessary posts required by the University and to make appointments thereto; (xv) to undertake publication of works of merit, research and patent; (xvi) to provide for the management and treatment of the patients in its hospitals; [The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018] 4 (xvii) to admit any Government or private Medical or Dental College or any such institution as is imparting education, or training in Nursing and Para-medical degree courses to the privileges of affiliation or to withdraw or curtail any such privileges and to guide and control the works of such institution; (xviii) to do all such acts and things whether incidental to the powers as aforesaid or not as may be required in order to further the objects of the University. Jurisdiction and admission to privileges 7. (1) Notwithstanding anything to the contrary in any other Law of the State, the provisions of this Act shall prevail. (2) No college or institution in the State of Uttar Pradesh imparting education in Medical Sciences or dental sciences or degree courses in nursing and para-medical disciplines shall be affiliated with any other University and the sanction of the Government, be associated in any way with or seek admission to any privileges of any other State University. (3) Any such privilege enjoyed from other University before the appointed date by any Medical College or Institution of Medical Science situated in the State shall stand withdrawn with effect from such date. (4) On and from the appointed date, all colleges and institutions of medical sciences previously admitted to the privileges of or affiliated to the King George’s Medical University, Lucknow or the Uttar Pradesh University of Medical Sciences, Saifai, Etawah or Shakuntala Misra National Rehabilitation University or any State University constituted under the Uttar Pradesh State Universities Act, 1973 shall be deemed to be admitted to the privileges or affiliated to this University. University open to all castes and creeds 8. The University shall be open to all persons irrespective of race, class, creed or sex provided that the University may- (i) restrict the eligibility of admission to the courses of study of the University; (ii) make reservations in favour of the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, women students and other categories in accordance with any law or orders of the Government for the time being in force. INSPECTION AND INQUIRY Visitation 9. (1) The Government shall have the right to cause an inspection to be made by such person or persons as it may direct of the University including its buildings, libraries, laboratories, workshops and equipment and also of the examinations, teaching and all other works conducted or done by the University or to cause an inquiry to be made in the like manner in respect of any matter connected with the administrator and finances of the University. [The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018] 5 (2) Where the Government decides to cause an inspection or inquiry to be made under sub-section (1) it shall inform the University of the same through the Registrar and any person nominated by the Executive Council may be present at such inspection or inquiry a representative of the University and he shall have the right to be heard as such: Provided that no person shall appear, plead or act as legal practitioner on behalf of the University as such inspection or inquiry. (3) The person or persons appointed to inspect or inquire under sub-section (1) shall have all the powers of Code of Civil Procedure, 1908, for the purpose of taking evidence on oath and of enforcing the attendance of witness and compelling production of documents and material objects and shall be deemed to be a civil court within the meaning of sections 345 and 346 of the Code of Criminal Procedure, 1973, and the proceedings before him or them shall be deemed to be judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code. (4) The Government shall address the Vice-Chancellor with reference to the result of such inspection or inquiry and the Vice- Chancellor shall communicate of the Government to the Executive council the views of the Government with such advice as the Government may offer upon the action to be taken thereon. (5) The Vice-Chancellor shall then within such time as the Government may fix submit to it a report of the action taken or proposed to be taken by the Executive council. (6) If the University authorities do not within a reasonable time, take action to the satisfaction of the Government the Government may after considering any explanation which the University authorities may furnish issue such directions as it may think fit, and the University authorities shall be bound to company with such directions. (7) The Government shall send to the Chancellor a copy of every report of an inspection or inquiry caused to be made under sub- section (1) and of every communication received from the Vice- Chancellor under sub-section (5) and of every direction issued under sub-section (6) and also of every report or information received in respect of compliance or non-compliance with such directions. CHAPTER-III OFFICERS OF THE UNIVERSITY Officers of the University 10. The following shall be the officers of the University:– (a) the Chancellor, (b) the Vice-Chancellor, (c) the Pro-Vice-Chancellor, (d) the Registrar, (e) the Finance Officer, (f) the Controller of Examinations, (g) the Deans of Faculty, (h) such other officers as may be declared by the Statutes to be the Officers of the University. [The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018] 6 The Chancellor 11. (1) The Governor shall be the Chancellor of the University. He shall by virtue of his office be the Head of the University and shall, when present, preside at any convocation of the University. (2) Every proposal for the conferment of any honorary degree shall be subject to the confirmation by the Chancellor. (3) It shall be the duty of the Vice-Chancellor to furnish such information or record relating to the administration of the affairs of the University, as the Chancellor may call for. (4) The Chancellor shall have such other powers as may be conferred on him by or under the Statutes. The Vice- Chancellor 12. (1) The Vice-Chancellor shall be a whole time salaried officer of the University and shall be appointed by the Chancellor except as provided by sub-section (6) or sub-section (10) from amongst the persons whose names are submitted to him by the committee constituted in accordance with provisions of sub-section (3). (2) (a) Only such person shall be eligible for the 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. (c) The Vice-Chancellor, who has not attained the age of 65 years may be appointed as such for second term: Provided that the Vice-Chancellor may by writing under his hand addressed to the Chancellor resign his office, and shall cease to hold his office on the acceptance by the Chancellor of the resignation. (3) The Vice-Chancellor shall be appointed by the Chancellor on the recommendation of a committee consisting of:– (a) the Chief Secretary; (b) the Principal Secretary to Government of Uttar Pradesh, Department of Medical Education; (c) the Vice-Chancellor, King George's Medical University; (d) the Director, Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow; (e) One expert in medical field, not below the rank of a Head of Medical Institution or Medical University to be nomi- nated by the Chancellor. (4) The Committee shall as far as may be at least sixty days 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 (2) and also whenever so required and before such date as may be specified by the Chancellor submit to the Chancellor the names of not less than three and not more than five persons to hold the office of the Vice-Chancellor. The Committee shall while submitting the names, also forward to the Chancellor a concise statement showing the academic qualification of each of the persons so recommended but shall not indicate any order of preference. [The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018] 7 (5) Where the Chancellor does not consider any one or more of persons recommended by the committee to be suitable for appointment as Vice-Chancellor or if one or more of the persons recommended is or are not available for appointment and the choice of the Chancellor is restricted to less than three persons, he may require the committee to submit a list of fresh names in accordance with sub–section (4). (6) If the committee in the case referred to in sub–section (4) or sub–section (5) fails or is unable to suggest any names within the time specified by the Chancellor, or if the Chancellor does not consider any one or more of the fresh names recommended by the committee to be suitable for appointment as Vice-Chancellor another committee consisting of three persons of academic eminence shall be constituted by the Chancellor which shall submit the names in accordance with sub-section (4). (7) No act or proceeding of the committee shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members or by reasons of some person having taken part in the proceeding who is subsequently found not to have been entitled to do so. (8) Subject to the provisions of this Act, the emoluments and other conditions of services of the Vice-Chancellor shall be such as may be determined by the State Government by general or special order in that behalf. (9) In any of the following circumstances (of the existence of which the Chancellor shall be the sole judge), the Chancellor may appoint any suitable person to the office of Vice-Chancellor for a term not exceeding six months as he may specify:– (a) Where a vacancy in the office of Vice-Chancellor occurs or is likely to occur by reason of leave or any other cause, not being resignation or expiry of term of which a report shall forthwith be made by the Registrar to the Chancellor; (b) Where a vacancy in the office of Vice-Chancellor occurs and it cannot be conveniently and expeditiously filled in accordance with the provisions of sub-section (1) to (6); (c) any other emergency: Provided that the Chancellor may, from time to time extend the term of appointment of any person to the office of Vice- Chancellor under this sub-section so however that the total term of such appointment (including the term fixed in the original order) does not exceed one year. (10) Until a Vice-Chancellor appointed under sub-section (1) or sub-section (6) or sub-section (9) assumes office, the Pro-Vice- Chancellor if any or where there is no Pro-Vice-Chancellor, the senior most Professor of the University shall discharge the duties of the Vice- Chancellor as well. (11) 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 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. [The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018] 8 (12) During the pendency, or in contemplation of any inquiry referred to in sub-section (11) 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 to which he was otherwise entitled under sub- section (8). (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 13. (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 any convocation of the University, (d) be responsible for the maintenance of discipline in the University including the prohibition of any violent or indecent ragging of fresh students by their seniors, (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) The Vice-Chancellor shall be an ex-officio member and Chairperson of the Executive Council, the Academic Council and the Finance Committee. (3) The Vice-Chancellor 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) If shall be the duty of the Vice-Chancellor to ensure the faithful observance of the provisions of this Act, the Statutes and the Ordinances and he shall without prejudice to the powers of the Chancellor under sections 11 and 50 possess all such powers as may be necessary in that behalf. (5) The Vice-Chancellor shall have the power to convince or cause to be convened meetings of the Executive Council, the Academic Council and the Finance Committee: Provided that The Vice-Chancellor may delegate his power under this sub-section to any other officer of the University. (6) Where any matter, other than the appointment of teacher 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: [The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018] 9 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 an officer, authority or other body is of opinion that such action ought not to have been taken, he or it may refer the matter to the Chancellor who may either confirm the action taken by the Vice-Chancellor or annual 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 the 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 date on which decision on such action is communicated to him and thereupon the Executive Council may confirm modify or reverse the action taken by the Vice-Chancellor. (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) Where the exercise of the power by the Vice-Chancellor under sub-section (6) involves the appointment, such appointment shall terminate on appointment being made in the prescribed manner or on the expiration of a period of six months from the date of the order of the Vice-Chancellor, whichever is earlier. (9) The Vice-Chancellor shall exercise such other powers as may be laid down by the Statutes and Ordinances. The Pro-Vice- Chancellor 14. (1) The Vice-Chancellor, if he considers necessary, may appoint a Pro-Vice-Chancellor from amongst the Professors of the University. (2) The Pro-Vice-Chancellor appointed under sub-section (1) shall discharge the 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 get a special allowance of such amount as may be determined by general or special orders by the Government. (5) The Pro-Vice-Chancellor shall assist the Vice-Chancellor in respect of such matters as may be specified by the Vice-Chancellor in this behalf from time to time and shall preside over the meetings of the University in 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. 15. (1) The Registrar shall be whole-time officer of the University. (2) The Registrar shall be appointed by the Government on such terms and conditions as may be prescribed. The Registrar [The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018] 10 (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 be the ex-officio Secretary of the Executive Council, Academic Council, Admission Committee, Disciplinary Committee for a teacher and of every Selection Committee for appointment and promotion of teachers of the University, and shall be bound to place before these authorities and the Vice- Chancellor all such informations required from time to time but he shall nor by virtue of this sub-section be entitled to vote. (5) The Registrar shall not be offered nor shall he accept any remuneration for any work in the University except in accordance with the order of the Government. (6) Deputy Registrar(s) and Assistant Registrar(s) may be appointed to aid and assist the Registrar on the conditions prescribed under the Statutes, against the strength sanctioned by the Government. 16. (1) There shall be a Finance Officer for the University who shall be appointed by the Government by a notification and his remuneration and allowances shall be paid by the University. (2) An Accounts Officer may be appointed to aid and assist the Finance Officer on the conditions prescribed under the Statutes, against the strength sanctioned by the Government. (3) The Finance Officer shall be responsible for presenting the budget (annual estimates) and the Statement of Accounts to the Executive Council and also for drawing and disbursing funds on behalf of the University. (4) The Finance Officer shall have the right to speak in and otherwise to take part in the proceedings of the Executive Council but shall not be entitled to vote. (5) The Finance Officers shall be responsible:– (a) to ensure that no expenditure not authorized in the budget, is incurred by the University (otherwise than by way to investments); (b) to disallow any proposed expenditure which may contravene the provisions of this Act or the terms of any 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. (6) The Finance Officer 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 his opinion may be necessary for the discharge of his duties. (7) The Finance Officer shall not be offered nor shall he accept any remuneration for any work in the University. The Finance Officer [The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018] 11 (8) All contracts shall be entered into and signed by the Finance Officer on behalf of the University. (9) Other powers and functions of the Finance Officer shall be such as may be prescribed. 17. (1) The Controller of Examinations shall be a whole time officer of the University (2) The Controller of Examinations shall be appointed by the Government and his remuneration and allowances shall be paid by the University. (3) The Controller of Examinations shall be responsible for the due custody of the records pertaining to his work. He shall be ex-officio Secretary of the Examination Committee of the University and shall be responsible to place before such committee all such informations as may be necessary for the transaction of its business. He shall also perform such other duties as may be prescribed by the Statutes and Ordinances or as may be required from time to time by the Executive Council or the Vice-Chancellor but he shall not by virtue of this sub- section be entitled to vote. (4) The Controller of Examinations shall have administrative control over the employees working under him and have in this regard all the powers of the Registrar. (5) Subject to the superintendence of the Examinations Committee, the Controller of Examination shall conduct the examinations and make all other arrangements thereto and be responsible for the due execution of all processes connected therewith. (6) The Controller of Examinations shall not be offered nor shall he accept any remuneration for any work in the University except in accordance with an order of the Government. (7) Where the Controller of Examinations is for any reason unable to act or the office of Controller of Examination is vacant, all the duties of the office shall be performed by such person as may be appointed by the Vice-Chancellor until the Controller of Examination resumes his duties or as the case may be the vacancy is filled. (8) The Additional Controller of Examinations and the Deputy Controller of Examinations may be appointed to aid and assist the Controller of Examination on the conditions prescribed under the Statutes, against the strength sanctioned by the Government. 18. The power of officers of the University other than the Chancellor, the Vice-Chancellor, the Pro-Vice-Chancellor, the Finance Officer, the Registrar and the Controller of Examination, if any appointed shall be such as may be prescribed or laid down by the Ordinances. CHAPTER-IV AUTHORITIES OF THE UNIVERSITY Authorities of the University 19. The following shall be authorities of the University, namely:– (a) the Executive Council; (b) the Academic Council; (c) the Finance Committee; (d) the Examination Committee; (e) the Board of Faculties; (f) the Selection Committees for appointment of teachers of the University; (g) the Admission Committee; (h) Such other authorities as may be declared by the Statutes to be authorities of the University. The Controller of Examination Other Officers [The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018] 12 (i) the Admission Committee; (j) Such other authorities as may be declared by the Statutes to be authorities of the University. 20. (1) The Executive Council shall consist of the following members, namely:– (a) the Vice-Chancellor, who shall be Chairperson thereof; (b) the Pro-Vice-Chancellor, if any; (c) the Principal Secretary/Secretary to Government of Uttar Pradesh, Medical Education Department, or his nominee not below the rank of a Special Secretary; (d) the Principal Secretary/Secretary to Government of Uttar Pradesh, Finance Department, or his nominee not below the rank of a Special Secretary; (e) the Deans of two Faculties of the University including its affiliated colleges, by rotation, in order of seniority; (f) the Director General, Medical Education and Training, Uttar Pradesh; (g) the Director, All India Institute of Medical Sciences, New Delhi or his nominee not below the rank of a Professor; (h) the Vice-Chancellor, King George’s Medical University, Uttar Pradesh, Lucknow; (i) the Director, Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow; (j) the Director, Dr. Ram Manohar Lohia Institute of Medical Sciences, Lucknow; (k) two retired Principals of State Medical Colleges, nominated by the Executive Council; (l) one Principal of a State Medical College, nominated by the Vice-Chancellor; (m) two Senior Professors of the University including its affiliated Colleges, nominated by the Vice-Chancellor; (n) two eminent Director/Head, retired from medical institution of National or International repute, nominated by the Chancellor. (o) two eminent members of civil society engaged in medical profession or social service or retired civil servants or retired judges, nominated by the Chancellor on the recommendation of the state Government. (2) The term of the office of the members of the Executive Council other than ex-officio members shall be of three years. (3) A person shall be disqualified for being a member (other than an ex-officio member) as and for being a member of the Executive Council if he or his relative is in service of the University or its affiliated college or accepts any remuneration for any work in or for the University or any contract for the supply of goods to or for the execution of any work for the University: Provided that nothing in this sub-section shall apply to the acceptance of any remuneration by a teacher as such for any duties performed in connection with an examination conducted by the University or for any duties as superintendent or warden of a training unit or any hostel or proctor or any duties of a similar nature in relation to the University. Constitution of the Executive Council [The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018] 13 Explanation:– In this section relative means the relations defined in section 2 of the Companies Act, 2013 and prescribed under rule 4 of the Companies (Specification of Definitions Details) Rules, 2014 as amended from time to time. 21. (1) The Executive Council shall be the Principal Executive Body of the University and subject to the provisions of this Act, have the following powers, namely:– (i) to hold control of the property and funds of the University; (ii) to acquire or transfer any movable or immovable properly on behalf of the University; (iii) to make amend or repeal Statutes and Ordinances; (iv) to administer any funds placed at the disposal of the University for specific purpose; (v) to prepare the budget of the University; (vi) to award scholarship, fellowships, bursaries, medals and other award in accordance with the Ordinances; (vii) to appoint officers, teachers and other employees of the University and to define their duties and the conditions of their service and to provide for the filling of temporary causal vacancies in their posts; (viii) to fix the fees, emoluments and traveling and other allowances of the examiners; (ix) to direct the form and the use of the common seal of the University; (x) to regulate and enforce discipline among members of the teaching, administrative and other staff of University in accordance with the Statutes and the Ordinances; (xi) to manage and regulate the finance, accounts, investments, property, business and all other administrative affairs of the University and for that purpose, to appoint such agents as it may think fit; (xii) to invest any money belonging to the University (including any income from any trust or endowed property) in such stock funds shares or securities as it shall from time to time think fit or in the purchase of immovable property with the like power of varying such investment from time to time; (xiii) to provide the buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University; (xiv) to enter into, vary, carry-out and cancel contracts on behalf of the University; (xv) to regulate and determine all other matters concerning the University as well as constituent, affiliated colleges, hospitals and Health Centers in accordance with this Act, the Statutes and the Ordinances. (2) No immovable property of the University shall except with the prior sanction of the Government be transferred (except by way of letting from month to month in the ordinary course of management) by the Executive Council by way of mortgage, sale, exchange, gift or otherwise nor shall any money be borrowed, or advance taken on the security thereof except as a condition of receipt of any grant-in-aid of the University from the Government or with the previous sanction of the Government from any other person. Powers and duties of Executive Council [The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018] 14 (3) No expenditure in respect of which approval of the Government is required by this Act or the Statutes or Ordinances shall be incurred except with such approval previously obtained, and no post shall be created in the University except with the prior approval of the Government except in accordance with any general or special order of the Government. (4) The pay and other allowances to various categories of the employees of the University shall be such as may be approved by the Government. (5) The Executive Council shall not exceed the limits of recurring and non-recurring expenditure to be incurred in each financial year fixed by the Finance Committee. (6) The Executive Council shall not take any action in regard to the numbers, qualifications and emoluments of teachers and the fees payable to examiners except after considering the advice of the Academic Council and the Boards of Faculties concerned. (7) The Executive Council may subject to any conditions laid down in the Statutes delegate such of its powers, as it deems fit, to an officer or any other authority of the University or to a committee appointed by it. 22. (1) The Academic Council shall be the Principal Academic Body of the University and subject to the provisions of this Act, the Statutes and the Ordinances,– (a) shall have the control and general regulation of, and be responsible for the maintenance of standards of instruction, education and research carried on or imparted in the University; (b) may advise the Executive Council on all academic matters including matters relating to examinations conducted by the University; and (c) shall have such powers and duties as may be conferred or imposed upon it by the statutes. (2) The Academic Council shall consist of the following members, namely:– (i) the Vice-Chancellor; (ii) the Dean of the Faculties; (iii) all other Heads of Departments of the University; (iv) all Professors of the University who are not Heads of departments; (v) two retired Principals of the Medical Institutions or Medical Colleges to be nominated by the Vice-Chancellor; (vi) two Professor, two Associate Professor and two Assistant Professors from each Faculty to be nominated by the Vice-Chancellor, and; (vii) five persons of the academic eminence to be nominated by the Vice-Chancellor. (3) The term of office of nominated members shall be two years. 23. (1) The Finance Committee shall consist of:– (a) the Vice-Chancellor, who shall be the Chairperson thereof; Academic Council The Finance Committee [The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018] 15 (b) the Principal Secretary to the Government in the Medical Education Department; (c) the Principal Secretary to the Government in the Finance Department; (d) the Pro-Vice-Chancellor, if any; (e) the Registrar; (f) the Controller of Examinations; (g) the Finance Officer, who shall be the Secretary of the Committee. (2) A member referred to in clause (b) or clause (c) of sub-section (1) may, instead of attending any meeting of the Finance Committee himself depute an officer, not below the rank of a Joint Secretary to the Government and an officer so deputed shall also have the right to vote. (3) The Finance committee shall advice the Executive Council on matters relating to the administration of property and funds of the University. It shall having regard to the income and resources of the University fix limits for the total recurring and non-recurring expenditure for the ensuing financial year and may, for any special reasons, revise during the financial year the limits of expenditures so fixed and the limits so fixed shall be binding on the Executive Council. (4) The Financial committee shall have such other powers and duties as may be conferred or imposed on it by this Act or the Statutes made thereunder. 24. (1) The University shall have Faculties of Medicine, Dental Sciences, Nursing, Para-medical and such other faculties as may be prescribed. (2) Each Faculty shall comprise such departments of teaching as may be prescribed and each department shall have such subjects of study as may be assigned to it by the Ordinances. (3) There shall be a board of each faculty, the constitution (including the term of office of its members) and powers and duties of which shall be such as may be prescribed. (4) There shall be a Dean of each faculty who shall be chosen from amongst the Professors by rotation in order of seniority and shall hold office for three years. (5) The Dean shall be the Chairperson of the Board of Faculty and be responsible for:– (a) the organization and conduct of the teaching and research work of departments comprised in the Faculty, and (b) the due observance of the Statutes, Ordinances and Regulations relating to the Faculty. (6) In each Department of teaching in the University there shall be a Head of the Department whose appointment shall be regulated by Statutes. (7) The Head of Department shall be responsible to the Dean for the organization of teaching in the Department and have such other powers and duties as may be provided in the Ordinances. (8) These shall be constituted in accordance with the provisions of the Ordinances, Boards of studies in respect of different subjects of study and more than one subject may be assigned to one Board of Studies. The Faculties [The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018] 16 25. (1) There shall be an Admission Committee of the University, the constitution of which shall be such as may be provided for in the Ordinances. (2) The Admission Committee shall have the powers to appoint such number of sub-committees as it thinks fit. (3) Subject to the superintendence of the Academic Council and to the provisions of sub-section (5), the Admission Committee shall lay down the principles or norms governing the policy of admission for various courses of studies in the University. (4) Subject to the provision of sub-section (5), the Committee may issue any direction with regard to criteria or methods of admissions (including the number of students to be admitted) to affiliated colleges which shall have binding effects on such colleges. (5) Notwithstanding anything to the contrary contained in any other provision of this Act, reservation of seats for admission in any course of study in the University and affiliated colleges (excluding the minority institutions) for the students belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes of Citizens, Female students, Differently-abled students and other categories in accordance with any law or orders may be made and regulated by such orders as the Government may, make in that behalf. (6) Notwithstanding anything to the contrary contained in the foregoing sub- sections, admissions to the various courses shall subject to any orders of the Central or State Regulatory Bodies. (7) No student admitted to the University or its Affiliated Colleges in contravention of the provisions of this section shall be permitted to take up any examination conducted by the University and the Vice- Chancellor shall have the power to cancel any admission made in such contravention. 26. (1) There shall be an Examination Committee in the University, the constitution of which shall be as may be provided for in the Ordinances. (2) The Committee shall supervise generally all the examinations of the University, including moderation and tabulation and perform the following other functions, namely:– (a) to appoint examiners and moderators and, if necessary, to remove them; (b) to review from time to time the result of University examination and submission of reports thereon to the Academic Council; (c) to make recommendations to the Academic Council for the improvement of the examination system; (d) to scrutinize the list of examiners proposed by the Board of Studies, finalize the same and declare the results of the University. (3) The Examination Committee may appoint such number of sub-committees, as it thinks fit, and in particular, may delegate to any one or more persons or Sub-Committee to deal with and decide cases relating to the use of unfair means by the examinees. Admission Committee Examination Committee [The Atal Bihari Vajpayee Medical Univer
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