LexThe UTTAR PRADESH UNIVERSITY OF MEDICAL SCIENCES SAIFAI,ETAWAH
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE UTTAR PRADESH UNIVERSITY OF MEDICAL SCIENCES,
SAIFAI, ETAWAH ACT, 20151
[U.P. Act No. 15 of 2016]
Amended by
U.P. Act No. 42 of 2018
[As passed by the Uttar Pradesh Legislature, assented to by the
Governor on May 2, 2016 and published in the U.P. Gazette
Extraordinary on May 17, 2016.]
to provide for the establishment of a Medical Sciences
University by the name of Uttar Pradesh University of Medical
Sciences by transfer of the Uttar Pradesh Rural Institute of
Medical Sciences & Research and associated Dental Sciences,
Para Medical College, Nursi ng College & College of Pharmacy at
Saifai, Etawah in Uttar Pradesh and for matters connected
therewith or incidental thereto.
AN
ACT
IT IS HEREBY enacted in the Sixty-sixth Year of the Republic
of India as follows:-
CHAPTER-l
PRELIMINARY
Short title and
commencement
1. (1) This Act may be called the Uttar Pradesh University of
Medical Sciences, Saifai, Etawah Act, 2015.
(2) It shall come into force on such date as the State
Government may by notification appoint in this behalf.
Definitions 2. In this Act,
(a) "Academic council", "Board of Governors", and
"Executive Council" mean respectively the Academic Council,
Board of Governors, and the Executive Council of the
University;
(b) “appointed date” means the date of notification by the
State Government under sub-section (2) of section 1;
(c) ''dentistry'' and ''medicine'' shall have the meanings
assigned to them in the Dentists Acts 1948 and the Indian
Medicine Act, 1956 respectively;
(d) “faculty” means a faculty of the University;
(e) ‘‘hostel’’ means a unit of residence for students
maintained or recognized by the University;
(f) ''Institute'' means the Uttar Pradesh Rural Institute of
Medical Sciences and Research, Saifai, Etawah established
under The Uttar Pradesh Rural Institute of Medical Sciences
and Research, Saifai Act, 2005;
(g) “prescribed” means prescribed by the Statutes;
(h) ‘‘registered graduate’’ means a graduate of the
University;
1. For SOR see at the end of this Act.
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(i) “Statutes”, 'Ordinances' and 'Regulations' mean
receptively the statues, ordinances and regulations of the
University;
(j) “teacher” means a teacher employed by the University
for imparting instructions and guiding and conducting research
in the University;
(k) “University” means the Uttar Pradesh University of
Medical Sciences Saifai, Etawah established under this Act.
CHAPTER-II
THE UNIVERSITY
Establishment
and
incorporation
of the
University
3. (1) On and from the appointed date there shall b e
established a medical University by the name of the Uttar Pradesh
University of Medical Sciences, Saifai, Etawah.
(2) The University shall be a body corporate.
Transfer of
Institute to
the University
and utilization
of assets
4. (a) On the appointed date the land and all properties, assets,
and rights pertaining to the existing Uttar Pradesh Rural Institute of
Medical Sciences & Research, hospital, Dental College, para medical
college, nursing college, college of pharmacy, trauma centre, super
specialty hospital situated at Saifai, Etawah belonging to State
Government shall stand transferred to the University; and
(b) all the officers, teachers and other employees of the
Institute shall become the officers, teachers and other employees of the
University in such capacity and in such manner as may be prescribed.
Objects of the
University
5. The objects of the University shall be ,—
(a) to disseminate and advance knowledge i n medicine,
dentistry, para medical science, nursing and pharmacy and to
ensure efficient and systematic instructions, teaching, training
and research therein;
(b) to provide for a multipurpose super -specialty hospital
and trauma centre by upgrading th e existing institution, and
to establish them as a centre of excellence and to provide
treatment for patients in the hospitals;
(c) to establish a centre for imparting training to teachers;
(d) to develop training centre and facilities for paramedical
human resource;
(e) to administer manage and control the hospitals,
pathological laboratories, diagnostic centers and blood banks
and such other peripheral specialized hospital related services
and facilities;
(f) to establish, as and when required, specialized and
individual departments to deal with emerging medical and
surgical specialties and sub-specialties;
Powers and
duties
of the
University
6. The University shall have the following powers and duties,
namely:-
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(a) to institute teaching and training in such branches of
medicine, dentistry, para medical college, nursing college, college
of pharmacy as the, University may think fit and to make
provisions for research and for the advancement and
dissemination of knowledge in those branches;
(b) to institute and award degrees, diplomas, certificates and
other academic distinctions;
(c) to admit student to the various courses of study of the
university and to conduct examinations or tests and lay down
conditions in respect thereof;
(d) to hold examinations for and to grant and confer degrees,
diplomas and other academic di stinctions to and on persons
who,–
(i) have pursued a course of study in the University, or
(ii) have carried on research in the University;
(e) to confer honorary degrees or other academic distinctions
in the manner and under conditions laid down in the Statutes;
(f) to grant such diplomas to, and to provide such lectures
and instructions for, persons not being students of the University
as the University may determine;
(g) to co-operate or collaborate with other Universities and for
such purpose as the University may determine;
(h) to institute and award scholarships, fellowships,(including
travelling fellowship) studentships, stipend, medals and prize in
accordance with the Statutes and Ordinances;
(i) to recognize for the purpose of admission to a course of
study for a degree or diploma as equivalent to its own degree any
degree or diploma conferred by any other University or as
equivalent to the intermediate Education Uttar Pradesh,
examination of the Board of High School and Intermediate
Education, Uttar Pradesh, and any examination conducted by any
other University or authority;
(j) to establish maintain and administer institutes of teaching
and research, hospitals, laboratories, libraries or other things
necessary to carry out the objects of the University;
(k) to establish maintain and administer hostels and to
recognize places of residence for students of the University;
(l) to fix and collect fees and other charges in accordance
with the Ordinances;
(m) to supervise and control the residen ts, and to regulate
the discipline of students of the University, the institutes and
to make arrangements for promoting their health;
(n) to undertake publication of works of merit and
research;
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(o) to provide for management and treatment of the
patients in its hospitals;
(p) to do all such acts and things whether incidentals
to the power as aforesaid or not as may be required in
order to further the objects of the University;
1[* * *]
University open
to all race, class
creed or sex
7. The University shall be o pen 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 favors of the Scheduled
Castes, the Scheduled Tribes, other backward classes, girl
students and other categories in accordance with any law or
orders of the State Government for the time being in force.
Inspection
Inquiry, and
Visitation
8. (1) The State 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
administration and finances of the University.
(2) Where the State 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 as representative of the University and
he shall have the right to be heard as such.
(3) The person or persons appointed to inspect or
inquire under sub -section (1) shall have all the powers of a civil
court under the 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 the
judicial proceedings within the meaning of section 193 and 228 of
the Indian Penal Code.
1. Omitted by Schedule of U.P. Act No. 42 of 2018.
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(4) The State Governmen t shall address the Vice -
Chancellor with reference to the result of such inspection or
inquiry and the Vice -Chancellor shall communicate to the
Executive Council the views of the State Government with such
advice as the State Government may offer upon the action to be
taken thereon.
(5) The Vice -Chancellor shall then within such time as the
State 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 State Government the
State Government may after considering any explanation which
the University authorities may furnish issue such, directions as it
may think fit, and the University authorities shal l be bound to
comply with such directions.
(7) The State 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
9. The following shall be the officers of the University —
(a) The Chancellor,
(b) The Vice-Chancellor,
(c) The Pro-Vice-Chancellor,
(d) The Finance Officer,
(e) The Registrar,
(f) The Controller of Examinations,
(g) The Deans of Faculties,
(h) The Dean of Students welfare,
(i) Such other officers as may be declared by the
Statutes to be the Officers of the University.
The Chancellor 10. (1) The Chief Minister of Uttar Pradesh shall be the ex-
officio Chancellor of the University.
(2) The Chancellor, by virtue of his office, will be the head of
the University.
(3) The Chancellor shall have such powers as may be
conferred on him by this Act or the Statutes made thereunder.
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(4) Every proposal for the conferment of an honorary degree or
distinction shall be subject to the confirmation by the Chancellor.
(5) The Chancellor shall, if present, preside at the convocation
of the University held for conferring degrees and diplomas.
The Vice
Chancellor
11. (1) The Vice -Chancellor shall be a whole time salaried
officer of the University and shall be appointed by the Chancellor
from amongst the persons whose names are submitted to him by the
Committee constituted in accordance with provisions of sub -
section (2).
(2) The Committee referred to in sub -section (1) shall consist
of the following members namely-
(a) the Chief Secretary,
Government of Uttar Pradesh
the ex-officio
Chairman of the
Committee
(b) the Principal Secretary or the
Secretary to the State Government in
the Medical Education Deptt.
Convener
(c) the Vice Chancellor, King
George's Medical University
Member
(d) the Director, Sanjay Gandhi
Post Graduate Institute of Medical
Sciences, Lucknow
Member
(e) One person nominated by the
Chancellor
Member
(3) 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 (7) 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 persons to hold the office of the Vice -
Chancellor. T he Committee shall while submitting the names, also
forward to the Chancellor a concise statement showing the
qualification of each of the persons so recommended but shall not
indicate any order of preference.
(4) Where the Chancellor does not consider a nyone 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 (3).
(5) 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 r easons of some person having taken part in the
proceeding who is subsequently found not to have been entitled to do
so.
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(6) The Vice -Chancellor shall hold office for a term of three
years from the date on which he enters upon his office:
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 such
resignation.
(7) Subject to the provisions of this Act the emoluments and
other cond itions 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.
(8) The Vice -Chancellor shall not be entitled to the benefit of
any pension, insurance or provident fund in r espect of his service as
Vice-Chancellor.
(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 the 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 the vacancy in the office of Vice- Chancellor
occurs and it cannot be conveniently and expeditiously filled in
accordance with the provisions of sub-sections (1) to (5).
(c) Any other emergency:
Provided that the Chancellor may, from tim e 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) In the absen ce of the Vice -Chancellor, 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 die 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 Universi ty the Chancellor may, after
making such inquiry as he deems proper, by order, remove the Vice-
Chancellor.
(12) During the pendency, or in contemplation of any inquiry,
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).
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(b) the functions of the office of the Vice-Chancellor shall
be performed by the person specified in the order.
Power 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 a uthorities of the
University;
(c) in the absence of the Chancellor, preside at any
meetings of the authorities and at any convocation of the
University;
(d) be responsible for the maintenance of discipline in the
University including the prohibition of a ny 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 t hat the academic session of the University
starts and ends on proper dates.
(2) He shall be an ex-officio member chairman of the Executive
Council, the 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, t he statutes and the
ordinances and he shall without prejudice to the power of the
Chancellor possess all such powers as may be necessary in that
behalf.
(5) The Vice -Chancellor shall have the power to convene or
cause to be convened meetings of the Execut ive Council, the
Academic Council, or 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 a teacher
of the University is of urgent nature requiring immed iate 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 ap proval of the Chancellor if it would
involve a deviation from the provisions of the Statutes or the Act:
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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 m ay 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 the
such annulment or mod ification 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 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) The Vice-Chancellor shall exercise such other powers as
may be laid down by the statutes and ordinances.
The Pro-Vice
Chancellor
13. (1) The Vice -Chancellor if he considers necessary may
appoint a Pro - Vice-Chancellor from amongst th e 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 such honorarium as may
be recommended by the Executive Council.
(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 the absence of the Vice- chancellor and shall exercise
such other powers and perform such other duties as may be assigned
or delegated to him by the Vice- Chancellor.
The Finance
Officer
14. (1) There shall be a Finance Officer for the University who
shall be appointed by the State Government by a notificati on and his
remuneration and allowances shall be paid by the University.
(2) The Finance Officer shall be the ex-officio Secretary of the
Finance Committee.
(3) The Finance Officer shall be responsible for presenting the
budget (annual estimates) and th e 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.
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(5) The Finance Officer shall have the duties, -
(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 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) All contracts shall be entered into and signed by the
Finance Officer on behalf of the University.
(8) Other powers and functions of the Finance Officer shall be
such as may be prescribed.
(9) Where the Finance Officer is for any reason unable to act or
the office of the Finance Officer is vacant all the duties of the o ffice
shall be performed by such person as may be appointed by the Vice
Chancellor until the Finance Officer resumes his duties or as the case
may be the vacancy is filled.
The Registrar 15. (1) The Registrar shall be 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 be the ex-
officio secretary of the Executive Council and shall be bound to place
before the Executive Council all such information as may be
necessary for the transaction of its business. He shall also perform
such other duties as may be prescribed or 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.
(5) The Registrar shall not be offered nor shall he accept any
remuneration for any work in the University save such as may be
provided by the regulations.
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(6) Other power and functions of the Registrar shall be such
as may be prescribed.
(7) Where the Registrar is for any reason unable to act or the
office of Registrar is vacant all the duties of the office shall be
performed by such person as may be appointed by the Vice-
Chancellor until the Registrar resumes his duties or as the case may
be the vacancy is filled.
The Controller
of
Examinations
16. (1) The Controller of Examination shall be a whole time
officer of the University.
(2) The Controller of Examinations shall be appointed by the
State Government by notification and his remuner ation and
allowances shall be paid by the University.
(3) The Controller of Examination shall be responsible for the
due custody of the records pertaining to his work. He shall be ex-
officio Secretary of the Examinations Committee of the University and
shall be bound to place before such committee all such information
as may be necessary for the transaction of its business. He shall also
perform such other duties as may be prescribed by the regulations or
as may be required from time to time by the Executiv e Council or the
Vice-Chancellor but he shall not by virtue of this sub -section be
entitled to vote.
(4) Subject to the superintendence of the Vice- Chancellor 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 Examinations shall conduct the
examinations and make all other arrangements therefore and be
responsible for th e due execution of all processes conducted
therewith.
(6) The Controller of Examination shall not be offered nor
shall he accept any remuneration for any work in the University
except in accordance with an order of the State Government.
(7) Where the Con troller of Examination 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
Examinations resumes his duties or as the case may be the vacancy
is filled.
(8) Other power and functions of the Controller of
Examinations shall be such as may be prescribed.
Other Officers 17. The powers 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 Examinations declared
under the Statutes shall be such as may be prescribed.
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CHAPTER-IV
AUTHORITIES OF THE UNIVERSITY
Authorities of
the University
18. The following shall be authorities of the University—
(a) the Board of Governors,
( b) the Executive C ouncil,
( c) the Academic Council,
( d) the Finance Committee,
(e) such other authorities as may be declared by the
Statutes to be the authorities of the University.
Constitution of
the Board of
Governors
19. (1) The Board of Governors shall consist of ;-
(a) the Chancellor; Chairperson
(b) the Chief Secretary, Uttar Pradesh
Government;
Vice
Chairperson
(c) the Prin cipal Secretary, or the
Secretary to the State Government in the
Medical Education Department; or his
nominee not below the rank of Special
Secretary to the Government;
Member
(d) three eminent persons, nominated by
the State Government;
Member
(e) three academicians or eminent medical
personalities, of which two shall be nominated
by the Medical Council of India and the other
by the Dental Council of India;
Member
(f) the Vice-Chancellor; Member
Secretary
Power and
duties
of the Board of
Governors
20. (1) The Board of Governors shall be the principal
governing body of the University and shall have the following powers,
namely:–
(a) to review decisions of 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 lay down policies to be pursued by the University;
(c) to approve the budget, annual report and annual
accounts of the University, and to consider the annual audit
report.
(2) The Board of Governors shall, from time to time, meet at
the intervals not exceeding six months at such time and place as the
Chancellor thinks fit.
The Executive
Council
21. (1) The Executive Council shall consist of following
members:-
(a) The Vice- Chancellor who shall be the chairman
thereof;
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(b) The Pro-Vice-Chancellor, if any;
(c) The Deans of Faculties;
(d) Two senior most professors of the University (other
than the Dean);
(e) Three eminent persons of national or international
repute from the medical profession nominated by the
Chancellor;
(f) The Director General Medical Education Uttar
Pradesh;
(g) The Principal of a State Medical College nominated by
the Chancellor.
(h) The Director, SGPGIMS, Lucknow;
(i) The Director, All India Institute of Medical Sciences,
New Delhi or a Professor of that Institute deputed by him to
attend any meeting;
(j) Vice -Chancellor, King George Medical University, or
nominee.
(2) The term of office of members of the Executive Council
other than ex-officio members shall be such as may be prescribed.
(3) A person shall be disqualified for being chosen as and for
being a member of the Executive Council if he 'or his relative 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 tutor or any duties of a similar nature
in relation to the University.
Explanation: - In this section relative means the relations
defined in Section 10 of the Companies Act, 1956 and includes the
wife (or husband's), brother, wife's (or husband's) father, wife's (or
husband's) sister, brother, son and brother's daughter.
Powers and
duties of the
Executive
Council
22. (1) The Executive Council shall be the principal executiv e
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 administer any funds placed at the disposal of the
University for specific purpose;
(iii) to prepare the budget of the University;
(iv) to award scholarship, fellowship bursaries, medals
and other awards in accordance with the Statutes and
Ordinances;
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[The Uttar Pradesh University of Medical Sciences, Safai, Etawah Act, 2015]
(v) 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 o f temporary causal
vacancies in their posts;
(vi) to fix the fees, emoluments and travel ling and other
allowances of the examiners;
(vii) to regulate and enforce discipline among members of
the teaching administrative and other staff of University in
accordance with the Statutes and the Ordinances;
(viii) to manage and regulate the finance, accounts,
investments, property, business and all other administrative
affairs of the University and for the purpose appoint such
agents as it may think fit;
(ix) to in vest 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 in
India with the like power of varying such investment from time
to time;
(x) to provide the buildings, premises, furniture and
apparatus and other means needed for carrying on the work of
the University;
(xi) to enter into, vary, carry out and cancel contracts on
behalf of the University;
(xii) to regulate and determine all other matters
concerning the University 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 State Governmen t be acquired or 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 securi ty thereof or except as a
condition of receipt of any grant -in-aid of the University from the
State Government or with the previous sanction of the State
Government from any other person.
(3) No expenditure in respect of which approval of the State
Government 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 State Government except in accordance with any g eneral or
special order of the State 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
State 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.
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[The Uttar Pradesh University of Medical Sciences, Safai, Etawah Act, 2015]
(6) The Executive Council shall not take any action in regard
to the number, qualification 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 shall give due consideration to every
resolution of the court, and take such action thereon as it may deem
fit to report to the Board of Management, the action taken or as the
case may be the reasons for non-acceptance of the resolution.
(8) 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.
(9) The Registrar shall be the Secretary of the Executive
Council.
Academic
Council
23. (1) The Academic Council shall be the principal academ ic
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 o n 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
prescribed.
(2) The Academic Counc il shall consist of the following
members namely:-
(i) the Vice -Chancellor, who shall be the Chairperson
thereof;
(ii) the Deans of faculty or faculties;
(iii) all heads of departments of the University;
(iv) all professors of the University who are not head of
departments;
(v) five persons of the academic eminence to be co -opted
in the manner as may be prescribed;
(vi) five teachers to be selected in such manner as may be
prescribed;
(vii) the Dean of students welfare;
(viii) the Librarian of the University.
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[The Uttar Pradesh University of Medical Sciences, Safai, Etawah Act, 2015]
The Finance
Committee
24. (1) The Finance Committee shall consist of the following
members:-
(a) the Vice- Chancellor, who shall be the Chairperson
thereof;
(b) the Principal Secretary to the State Government in the
Medical Education Department.
(c) the Principal Secretary to the State 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 also 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 meetin g of the Finance
Committee himself depute an officer not below the rank of a Special
Secretary to the State 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 resource of the
University fix limits for the total recurring and non -recurring
expenditure for ensuring financial year and may, for any special
reasons, revise during the financial year the limits of expenditures so
fixed and the limits fixed shall be binding on the Executive Council.
(4) The Finance Committee shall have such other powers and duties
as may be prescribed.
The Faculties 25. (1) The University shall have five faculties namely Medical,
Dental, para medical science, Nursing and Pharmacy.
(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 or 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 Dean of each faculty who s hall 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 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 regulated by statutes.
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[The Uttar Pradesh University of Medical Sciences, Safai, Etawah Act, 2015]
(7) The head of department shall be responsible to the dea n for
the organization of teaching in the department and have such other
powers and duties as may be provided in the Ordinances.
(8) There shall be constituted in accordance with the provisions
of the Ordinances boards of studies in respect of different s ubjects of
study and more than one subject may be assigned to one board of
studies.
Other
Authorities
26. The constitution, powers and duties of other authorities
of University shall be such as may be prescribed.
CHAPTER-V
APPOINTMENT AND CONDITIONS OF SERVICE OF TEACHERS AND OFFICERS
Appointment
of Teachers
27. (1) Subject to the provisions of this Act the teachers shall
appointed by the Executive Council on the recommendation of a
selection committee in the manner hereinafter provided. The selection
committee shall meet as often as necessary.
(2) The appointment of every such teacher not being an
appointment under sub -section (3) shall in the first instance be on
probation for one year which may be extended by the Executive
Council for a period not exceeding one year:
Provided that no order of termination of service during or on
the expiry of the period of probation shall be passed. In the case of a
teacher of the University, except by the order of the Executive Council
made after considering the repo rt of the Vice -Chancellor and (unless
the teacher is himself the head of the department) the head of the
department concerned:
Provided further that no such order of termination shall be
passed except after giving notice to the teacher concerned giving hi m
an opportunity of explanation in respect of the grounds on which his
services are proposed to be terminated:
Provided also that if a notice is given before the expiry of the
period of probation or the extended period of probation as the case
may be the period of probation shall stand extended until the final
order of the Executive Council under the first proviso.
(3) In the case of a teacher of the University other than a
professor the Vice- Chancellor in consultation with the Dean of the
faculty and the head of the department concerned and an expert
nominated by the Chancellor in that behalf may make officiating
appointment in a vacancy or post likely to last for more than six
months without such reference.
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[The Uttar Pradesh University of Medical Sciences, Safai, Etawah Act, 2015]
(4) The selection committee for the appointment of a teacher
shall consist of,-
(i) the Vice -Chancellor who shall be the Chairman
thereof;
(ii) the Head of Department of the concerned department;
(iii) in the case of a professor or an -associate professor
three experts and in any other case, two experts to be
nominated by the chancellor:
Provided that where the Chancellor is satisfied that in the
special circumstances of the case a Selection Committee cannot be
constituted in accordance with the above proviso, he may direct the
constitution of the Selection Committee in such manner as he thinks
fit.
(5) (a) A panel of six or more experts in each subject of study
shall be drawn up by the Chancellor after consulting the
corresponding faculty in Indian Univ ersity or such academic bodies or
research institutions in or outside Uttar Pradesh as the Chancellor
may consider necessary. Every expert to be nominated by the
Chancellor under sub -section (4) shall be a person whose name is
borne on such panel.
(b) A panel referred to in clause (a) shall be revised every three
years.
Explanation:-I- For the purposes of this sub -section a branch
of subject in which a separate course of study is prescribed for a
postgraduate degree shall be deemed to be a separate subjec t of
study,
Explanation:- II- Where the post of teacher to be selected is
common to more than one subject of study the expert may belong to
either of such subject of study,
(c) The Chancellor may intimate in a specified order a large number of
names of experts than required under sub -section (4) for serving as
his nominees on the Selection Committee in such case on any person
whose name appears higher in the specified order not being
available for a meeting of the Selection Committee a person whose
name appears' nearest lower in the specified order shall be requested
to serve on the committee,
(6) No recommendation made by a selection committee
referred-to in sub- section (4) shall be considered to be valid unless
one of the experts has agreed to such selection,
(7) Subject to the provisions of sub -section (6) the majority of
the total membership of any selection committee shall form the
quorum of such committee:
Provided that in the case of a Professor or an Associate
Professor the persons present to form the quorum must include at
least two experts.
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[The Uttar Pradesh University of Medical Sciences, Safai, Etawah Act, 2015]
(8) It shall be open to the selection committee to recommend
one or more but not more than three names for each post.
(9) In the case of appointment of a teacher if the Executive
Council does not agree with the recommendation made by the
selection committee the Executive Council shall refer the matter to
the Chancellor along with the reasons of such disagreement and his
decision shall be final:
Provided that if the Executive Council does not take a
decision on the recommendations of the selection committee within a
period of four months from the date of the meeting of such
committee then also the matter shall stand referred to the
Chancellor and his decision shall be final.
(10) The disqualification of members of selection committee
for appointment of teacher on the ground of interest for participating
in the deliberations of such, committee and other matters relat inExcerpt shown. Open the full act in Lexace.