The UTTAR PRADESH RAJARSHI TANDON OPEN UNIVERSITY ACT, 1999

  
208 
 THE UTTAR PRADESH RAJARSHI TANDON OPEN UNIVERSITY 
ACT, 19991 
[ U. P. Act No. 10 of 1999 ] 
 [ As Passed by the Uttar Pradesh Legislature and assented 
to  by the Governor on March 24, 1999 and was published in the 
Uttar Pradesh Gazette, Extraordinary, dated March 24, 1999. ] 
 AN 
ACT 
to provide for the establishment of an Open University in 
Uttar Pradesh for the introduction and promotion of distance 
education systems and for matters connected therewith or 
incidental thereto.  
 IT IS HEREBY enacted in the Fiftieth Year of the Republic of India 
as follows :—   
CHAPTER—I 
Preliminary 
Short title and 
commencement 1. (1) This Act may be called the Uttar Pradesh Rajarshi 
Tandon Open University Act, 1999. 
(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” and “Executive Council” mean 
respectively the Academic Council, and the Executive Council of the 
University ;  
 (b) “Board of Recognition” means the Board of Recognition of 
the University  ; 
(c) “College” means a college or other academic Institution 
established or maintained by, or admitted to the Privileges of the 
University ;  
 (d) “distance education systems” means the systems of 
imparting education through any means of communication, such as 
broadcasting, telecasting, correspondence course, seminars, contact 
programmes or the combination of any two or more of such means ;  
 (e) “Finance Committee” means the Finance Committee of the 
University ; 
 
 
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1.  For Statement of Objects and Reasons see at the end of this Act. 
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210 
 (f) “other backward classes” means the backward classes of 
citizens specified in Schedule I of the Uttar Pradesh Public Services 
(Reservation for Scheduled Castes, Scheduled Tribes and other 
Backward Classes) Act, 1994, as amended from time to time ; 
 (g) “Planning Board” means the Planning Board of the 
University ;  
(h) “prescribed” means prescribed by the Statutes ;  
 (i) “school” means a school of studies of the University ;  
(j) “Statutes”, “Ordinance” and “Regulations” mean, 
respectively, the Statues, Ordinances and Regulations of the 
University; 
 (k) “student” means a student of the University, and includes 
any person who has enrolled himself for pursuing any course of study 
of the University ;  
 (l) “study centre” means a centre established, maintained or 
recognized by the University for the purpose of advising, counseling or 
for rendering any other assistance required by the students ;  
 (m) “teacher” means a person employed for imparting 
instruction in the University for giving guidance or rendering 
assistance to students for pursuing any course of study of the 
University and includes a Principal or Director of a College ;  
 (n) “University” means the Uttar Pradesh Rajarshi Tandon Open 
University established under section 3. 
 CHAPTER—II 
The University and its Objects 
Establishment 
and 
Incorporation  
of the 
University  
3. (1) There shall be established a University by the name of the 
Uttar Pradesh Rajarshi Tandon Open University.  
(2) The headquarters of the University shall be at Allahabad 
and it may establish or maintain colleges or study centres at such 
other places in the State as it may deem fit. 
 (3) The Chancellor, 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 the Uttar Pradesh Rajarshi Tandon Open University.  
The Objects 
of the 
University 
4. The University shall promote dissemination of learning and 
knowledge through distance education systems to a larger segment of 
the population and shall, in organising its activities, have due regard 
to the objects specified in the schedule.  
Powers of the 
University 5. The University shall have the following powers, namely :— 
(i) to provide for instruction in such branches of knowledge, 
technology, vocations and professions as the University may determine 
from time to time and to make provision for research ;  
 
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 (ii) to plan and prescribe courses of study for degrees, diploma, 
certificates or for any other purpose ;  
 (iii) to hold examinations and confer degrees, diplomas, 
certificates or other academic distinctions or recognitions on persons 
who have pursued a course of study or conducted research in the 
manner laid down by the Statutes and Ordinances ;  
 (iv) to confer honorary degrees or other distinctions in the 
manner prescribed ;  
(v) to determine the manner in which distance education in 
relation to the academic programmes of the University may be 
organized ; 
 (vi) to institute professorships, readerships, lectureships and 
other academic positions necessary for imparting instructions or for 
preparing educational material or for conducting other academic 
activities, including guidance, designing and delivery of course and 
evaluation of the work done by the students, and to appoint persons to 
such professorships, readerships, lectureships and other academic 
positions ;  
 (vii) to co-operate with, and seek the co-operation of other 
universities and institutions of higher learning, professional bodies 
and organizations for such purposes as the University considers 
necessary ;  
 (viii) to institute and award fellowship, scholarships, prizes and 
such other awards for recognition of merit as the University may deem 
fit. 
(ix) to establish and maintain such regional centres as may be 
determined by the University from time to time ;  
 (x) to establish, maintain or recognize Study Centres in the 
manner prescribed. 
(xi) to provide for the preparation of instructional materials, 
including films, cassettes, tapes, video cassettes and other software’s ; 
 (xii) to organize and conduct refresher courses, workshops, 
Seminars and other programmes for teachers, lesson writers, 
evaluators and other academic staff ;  
 (xiii) to recognize examinations of or periods of study, whether 
in full or part, at other universities, institutions or other places of 
higher learning as equivalent to examinations or periods of study in 
the University, and to withdraw such recognition at any time ;  
 (xiv) To make provision for research and development in 
educational technology and related matters ;  
(xv) to create administrative, ministerial and other necessary 
posts and to make appointments thereto ;  
 
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 (xvi) to receive benefications donations and gift and to acquire 
old, maintain and dispose of any property movable or immovable 
including trust and Government property, for the purposes of the 
Univesity ; 
 (xvii) to borrow, with the approval of the State Government, 
whether on the security of the property of the University or otherwise, 
money for the purposes of University ;  
 (xviii) to enter into, carry out, vary or cancel contracts ;  
(xix) to demand and receive such fees and other charges as may 
be laid down by the Ordinances ; 
 (xx) to provide, control and maintain discipline among the 
students and all categories of employees and to lay down the 
conditions of service of such employees, including their codes of 
conduct ;  
 (xxi) to recognize any institution of higher learning or studies 
for such purposes as the University may determine and to withdraw 
such recognition ;  
 (xxii) to appoint either on contract or otherwise Visit Professors, 
Emeritus Professors consultants, fellows, scholars, artist course 
writers and such other persons who may contribute to the 
advancement of the objects of the University ;  
 (xxiii) to recognize persons working in other Universities, 
institutions or organizations as teachers of the University on such term 
and conditions as may be laid down by the Ordinances ;  
 (xxiv) to specify conditions for the admission of students 
courses of study of the University which may include examination 
evaluation and any other method of testing ;  
 (xxv) to make arrangements for the promotion of the general 
health and welfare of the employees ;  
(xxvi) to confer autonomous status on a college or a region 
centre in the manner prescribed ;  
 (xxvii) to admit to its privileges any college in the State subject 
to such conditions as may be prescribed : 
Provided that no college shall be so admitted except with the 
preapproval of the Chancellor ;    
 (xxviii) to do all such acts as may be necessary or incidental the 
exercise of all or any of the powers of the University as a necessary and 
conductive to the promotion of all or any of the objects of the 
University ; 
Territorial 
exercise of 
powers 
6. Notwithstanding anything contained in any other law for the 
time being in force, the University shall in the exercise of its powers 
has Jurisdiction over the whole of Uttar Pradesh.  
University 
open to all 
class and 
creeds 
7. (1) The University shall be open to persons of either sex 
irrespective of class or creed, and it shall not be lawful for the 
University  adopt  or  impose  on  any  person  any  test  whatsoever  of  
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216 
 religious belief or profession in order to entitle him to be appointed as 
a teacher of the University, or to hold any other office therein or 
admitted as student in the University or to graduate there at, or to 
enjoy exercise any privilege thereof. 
 (2) Nothing in sub-section (1) shall be deemed to prevent the 
University from making any special provision for the appointment or 
admission of women or of persons belonging to the Scheduled Castes 
or Scheduled Tribes or other backward classes. 
 CHAPTER—III 
Inspection and Inquiry 
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 or any college or study centre maintained by the 
University including its buildings, libraries, laboratories, workshops 
and equipment and also of the examinations, teaching and other work 
conducted or done by the University or such college or study centre 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 or such college or such centre. 
 (2) Where the State Government decides to cause an inspection 
an 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 : 
 Provided that no legal practitioner shall appear, plead or action 
behalf of the University at such inspection or inquiry.  
 (3) The person or persons appointed to inspect or inquire under 
sub-section (1) shall have all the powers of a civil court, while trying a 
suit under the Code of Civil Procedure, 1908, for the purpose of taking 
evidence on oath and enforcing the attendance of witnesses 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 any proceeding before 
him or them shall be deemed to be a judicial proceeding within the 
meaning of sections 193 and 228 of the Indian Penal Code.  
 (4) The State Government 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.  
 
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 (6) If authorities of the University do not, within a reasonable 
time, take action to the satisfaction of the State Government, the State 
Government may, after considering any explanation which such 
authorities, may furnish, issue such directions as he may think fit and 
the authorities of the Universities shall comply with such the 
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 of information received in 
respect of compliance or non-compliance with such direction. 
 (8) Without prejudice to the provisions of sub-section (6), if the 
Chancellor on consideration of any document or material referred to in 
sub-section (7) is of opinion that the Executive Council has failed to 
carry out its functions or has abused its powers, he may, after giving it 
an opportunity of submitting a written explanation, order that in 
supersession of the said Executive Council, an ad-hoc Executive 
Council, consisting of the Vice-Chancellor and such other persons not 
exceeding ten in number as the Chancellor may appoint in that behalf 
including any member of the superseded Executive Council, shall, for 
such period not exceeding two years as the Chancellor may from time 
to time specify, exercise and perform all the powers and functions of 
the Executive Council under this Act. 
 (9) Upon an order being made under sub-section (8) the term of 
office of all members of the Executive Council superseded thereby, 
including ex-officio members shall cease and all such members shall 
vacate their offices as such. 
 CHAPTER—IV 
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 Directors ; 
(e) the Registrars ; 
(f) the Finance Officer ;  
 (g) the Examinations Controller, and  
(h) such other officers as may be declared by the Statutes to be 
officers of the University. 
The 
Chancellor 10. (i) 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. 
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 (ii) Every proposal for the conferment of an honorary degree 
shall be subject to the confirmation of the Chancellor. 
 (iii) It shall be the duty of the Vice-Chancellor to furnish such 
information or records relating to the administration of the affairs of 
the University as the Chancellor may call for. 
(iv) The Chancellor shall have such other powers as may be 
conferred on him by or under this Act or the statutes.  
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 in 
such manner, for such terms and on such emoluments and other 
conditions of service as may be prescribed ;  
 (2) The Vice-Chancellor shall be the principal academic and 
executive officer of the University, and shall exercise supervision and 
control over the affairs of the University and give effect to other 
decisions of all the authorities of the University.  
 (3) The Vice-Chancellor may, if he is of the opinion that 
immediate action is necessary on any matter, exercise any power 
conferred on any officer or authority of the University by or under this 
Act and shall report to such officer or authority the action taken by 
him on such matter :  
 Provided that if the officer or authority concerned is of the 
opinion that such action ought not to have been taken, it may refer the 
matter to the Chancellor whose decision thereon shall be final :  
 Provided further 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 
Executive Council within ninty days from the date on which such 
action is communicated to him and thereupon the Executive Council 
may confirm, modify or reverse the action taken by the Vice-
Chancellor. 
 (4) The Vice-Chancellor, if he is of the opinion that any decision 
of any authority is beyond the powers of the authority conferred by the 
provisions of this act Statutes or Ordinances or that any decision 
taken is not in the interests of the University, may ask the authority 
concerned to review its decision within sixty days of such decision and 
if the authority refuses to review its decision either in whole or in part 
or no decision is taken by it within the said period of sixty days, the 
matter shall be referred to the Chancellor whose decision thereon shall 
be final : 
 Provided that the decision of the authority concerned shall 
remained suspended during the period of review of such decision by 
the authority or the Chancellor as the case may be, under this sub-
section. 
 
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222 
 (5) The Vice-Chancellor shall exercise such other powers and 
perform such other functions as may be prescribed by the Statutes 
and the Ordinances.  
The Pro-Vice-
Chancellor 12. The Pro Vice-Chancellor shall be appointed by the Vice-
Chancellor in such manner, on such emoluments and other conditions 
of service, and shall exercise such powers and perform such functions, 
as may be prescribed.  
The Directors 13. Every Director shall be appointed in such manner, on such 
emoluments and other conditions of service, and shall exercise such 
powers and perform such functions, as may be prescribed.  
The Registrar 14. (1) The Registrar shall be appointed by the State 
Government in such manner on such emoluments and their conditions 
of service, and shall exercise such powers and perform such functions 
as may be prescribed.  
 (2) The Registrar shall have the power to authenticate records 
on behalf of the University.  
The Finance 
Officer 15. (1) The Finance Officer shall be appointed by the State 
Government in such manner, on such emoluments and other 
conditions of service, and shall exercise such powers and perform such 
functions, as may be prescribed.  
 (2) All contracts shall be entered into and signed by the Finance 
Officer on behalf of the University.  
Examination 
Controller 16. (1) The Examination controller shall be appointed by the 
State Government in such manner, on such emoluments and other 
conditions of service, and shall exercise such powers and perform such 
functions, as may be prescribed.  
 (2) When, for any reason, the office of the Examination 
Controller is vacant, all the powers and functions of the Examination 
Controller shall be performed by the Registrar or by such other 
persons as may be appointed by the Executive Council.  
Other 
Officers 17. The manner of appointment, emoluments, powers and 
duties of the other officers of the University shall be such as may be 
prescribed.  
 CHAPTER—V 
Authorities of the University 
Authorities 
of the 
University 
18. The following shall be authorities of the University :— 
(a) The Executive Council ;  
(b) The Academic Council ;  
 (c) The Planning Board ;  
(d) The Board of Recognition ;  
(e) The Schools of studies ;  
 
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 (f) The Finance Committee ;  
(g) The Examination Committee ; and 
(h) Such other authorities as may be declared by the Statutes 
to be authorities of the University ;  
The 
Executive 
Council 
19. (1) The Executive Council shall be the principal executive 
body of the University.  
(2) The constitution of the Executive Council, the term of office 
of its members and its powers and functions shall be such as may be 
prescribed. 
Academic 
Council 20. (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 Ordinances, have the control and general regulation 
of, and be responsible for the maintenance of standard of learning, 
education, instruction, evaluation and examination within the 
university and shall exercise such other powers and perform such 
other function as may be prescribed.  
 (2) The constitution of the Academic Council and the term of 
officer of its members shall be such as may be prescribed.  
The Planning 
Board 21. (1) There shall be constituted a Planning Board of the 
University which shall be the principal planning body of the University 
and shall also be responsible for the monitoring of the developments of 
the University on the lines indicated in the objects of the University.  
 (2) The Constitution of the Planning Board, the term of officer of 
its members and its powers and functions shall be such as may be 
prescribed.  
The Board of 
Recognition 22. (1) The Board of Recognition shall be responsible for 
admitting Colleges and other Institution to the privileges of the 
University.  
(2) The constitution and the other powers and functions of the 
Board of Recognition shall be such as may be prescribed.  
The School of 
Studies 23. (1) There shall be such number of schools of Studies as the 
University may determine from time to time.  
(2) The constitution, powers and functions of the schools of 
studies shall be such as may be prescribed.  
The Finance 
Committee 24. The constitution, powers and functions of the Finance 
Committee shall be such as may be prescribed.  
Other 
Authorities 25. The constitution, powers and functions of the other 
authorities which may be declared by the Statutes to be authorities of 
the University shall be such as may be prescribed.  
  
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 CHAPTER—VI 
Statutes, Ordinances and Regulations 
Statutes 26. Subject to the provisions of this Act, the Statutes may 
provide for any matter relating to the University and shall in particular 
provide for :— 
 (a) the manner of appointment of Vice-Chancellor, the term of 
his appointment, the emoluments and other conditions of his service 
and the powers and functions that may be exercised and performed by 
him ;  
 (b) the manner of appointment of Pro-Vice-Chancellor, 
Directors, Registrar, Examination controller, the Finance Officer and 
other officers, the emoluments and other conditions of their service 
and the powers and function that may be exercised and performed by 
each of such officer ; 
 (c) the constitution of the Executive Council and other 
authorities of the University, the terms of office of the members of such 
authorities and the powers and functions that may be exercised and 
performed by such authorities : 
 (d) the appointment of teachers and other employees of the 
University, their emoluments and other conditions of service ;  
(e) the constitution of a pension or provident fund and the 
establishment of an insurance scheme for the benefit of the employees 
of the University ;  
 (f) the principles governing the seniority of service of the 
teachers and other employees of the University ;  
 (g) the procedure in relation to any appeal or application for 
review by any teacher, employee or student of the University against 
the action of any officer or authority of the University, including the 
time within which such appeal or application for review shall be 
preferred or made ;  
 (h) the procedure for the settlement of disputes between the 
teachers, employees or students of the University, and the University ;  
(i) the allocation and disbursement of grants to colleges and 
other institutions ; 
 (j) the conditions that are required to be fulfilled for admission 
of the colleges to the privileges of the University ;  
(k) all other matters which by this Act are to be, or may be, 
provided for by the Statutes.  
Statutes how 
made 27. (1) The first statutes of the University shall be made by the 
State Government by notification.  
(2) The Executive Council may from time to time, make new or 
additional Statutes or may amend or repeal the Statutes referred to in 
sub-section (1) :  
 Provided that the Executive Council shall not make, amend, or 
repeal  any  Statue  affecting  the status,  powers or constitution of any  
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228 
 authority of the University until such authority has been given a 
reasonable opportunity to express its opinion in writing on the 
proposed changes and any opinion so expressed has been considered 
by the Executive Council.  
 (3) Every new Statutes or addition to a statute or any 
amendment or repeal of statute shall be submitted to the Chancellor, 
who may assent to it or withhold his assent thereon or remit it to the 
Executive Council for further consideration.  
 (4) A new Statute or a statute amending or repealing an existing 
statute shall not be valid unless it has been assented to by the 
Chancellor.  
 (5) Notwithstanding anything contained in the foregoing sub-
sections, the Chancellor may make new or additional Statutes or 
amend or repeal the Statutes referred to in sub-section (1) during the 
period of three years from the commencement of this Act.  
 (6) Notwithstanding anything contained in the foregoing sub-
sections the State Government may direct the Executive Council to 
make provision in the Statutes in respect of any matter specified by it, 
and if the Executive Council is unable to implement such a direction 
within sixty days of its receipt, the State Government may, with the 
assent of the Chancellor, after considering the reasons, if any 
communicated by the Executive Council for its inability to comply with 
such direction, make or amend the Statutes suitably.  
Ordinances 28. (1) Subject to the provision of this Act and the Statutes, the 
Ordinances may provide for any matter which by this Act or the 
Statutes is to be or may be provided for by the Ordinances. 
 (2) Without prejudice to the generality of the provisions of sub-
section (1), the Ordinances shall provide for the following matters, 
namely :— 
 (a) the admission of student, the courses of study and the fees 
therefor, the qualifications pertaining to the degrees, diplomas, 
certificates and other courses the conditions for the grant of 
fellowships, award and the like ;  
 (b) the conduct of examinations, including the terms and 
conditions and appointment of examiners ; and  
(c) the management of Colleges admitted to the privileges of the 
University. 
 (3) The first Ordinance shall be made by the Vice-Chancellor 
with the previous approval of the State Government and the Ordinance 
so made may be amended, repealed or added to at any time by the 
Executive Council in such manner as may be prescribed.  
Regulations 29. The authorities of the University may make Regulations 
consistent  with  this  Act  the  Statutes  and  the   Ordinances  for  the  
 
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 conduct of their own business and that of the committees, if any, 
appointed by them not provided for by this Act, Statutes or the 
Ordinances, in such manner as may be prescribed. 
 CHAPTER—VII 
Annual Report and Accounts 
Annual 
Report 30. (1) The annual report of the University shall be prepared 
under the direction of the Executive Council which shall include, 
among other matters, the steps taken by the University towards the 
fulfillment of its objects.  
 (2) The annual report so prepared shall be submitted to the 
Chancellor on or before such date as may be prescribed.  
(3) A copy of the annual report, prepared under sub-section (1) 
shall also be submitted to the State Government.  
Account and 
Audit 31. (1) The annual accounts and the balance sheet of the 
University shall be prepared under the direction of the Executive 
Council and shall, once at least every year, and at intervals of not more 
than fifteen months, be audited by the Directors, Local Fund Accounts, 
Uttar Pradesh or by such person or persons as the State Government 
may authorize in this behalf.  
 (2) A copy of the annual accounts and the balance sheet 
together with the audit report thereon shall be submitted to the State 
Government alongwith the observations, if any, of the Executive 
Council before the thirtieth of Septembers every year.  
 (3) Any observations made by the State Government on the 
annual accounts shall be brought to the notice of the Executive 
Council and the views of the Executive Council, if any, on such 
observations shall be submitted to the State Government.  
Surcharge 32. (1) An Officer specified in any of the clauses (b), (c), (d), (e), 
(f), (g) and (h) of section 9 shall be liable to surcharge for the loss waste 
of misapplication of any money or property of the University, if such 
loss waste or misapplication is a direct consequence of his neglect or 
misconduct.  
 (2) The procedure of surcharge and the manner of recovery of 
the amount involved in such loss, waste or misapplication shall be 
such as may be prescribed.  
 CHAPTER—VIII 
conditions of Service of Employees 
Conditions of 
Service of 
Employees 
33. (1) Except as otherwise provided by or under this Act an 
employee including a teacher of the University may be appointed under 
a written contract and such contract shall not be inconsistent with the 
provisions of this Act, the Statutes and the Ordinances.  
 
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 (2) The contract referred to in sub-section (1) shall be lodged 
with Finance Officer of the University and a copy of which shall be 
furnished to the employee concerned.  
Tribunal of 
Arbitration 34. (1) Any dispute arising out of a contract of employment 
referred to in section 33 between the University and an employee or a 
teacher shall, at the request of either party, be referred to a Tribunal of 
Arbitration which shall consist of one member nominated by the 
Executive Council, one member nominated by the employee or teacher 
concerned and an umpire to be nominated by the Chancellor.  
 (2) Every such reference shall be deemed to be a submission to 
arbitration upon the terms of this section within the meaning of the 
Arbitration and Conciliation Act, 1996.  
Provident 
and Pension 
funds 
35. (1) The University shall constitute for the benefit of the 
employees and teachers such provident or pension funds or provide 
such insurance schemes as it may deem fit in such manner and 
subject to such conditions as may be prescribed.  
 (2) Where any provident or pension fund has been so 
constituted, the State Government may declare that the provisions of 
the Provident Funds Act, 1925 shall apply to such funds, as if it were a 
Government provident Fund.  
 CHAPTER—IX 
Miscellaneous 
Disputes as 
to the 
constitution 
of the 
authorities 
and bodies 
36. If any question arises as to whether any person has been 
duly elected or appointed as, or is entitled to be, a member of any 
authority or other body of the University, the matter shall be referred 
to the Chancellor whose decision thereon shall be final. 
Filling of 
Casual 
vacancies  
37. All the casual vacancies among the members other than ex-
officio members of any authority or other body of the University shall 
be filled, as soon as may be convenient, by the person or body, who 
appoints, elects, or co-opts the members whose place has become 
vacant and any person appointed, elected or co-opted to a causal 
vacancy shall be a member of such authority or body for the residue of 
the term for which the person whose place he fills would have been 
member. 
Proceeding of 
the 
University 
authorities or 
bodies not 
invalidated 
by vacancies  
38. No act or proceeding of any authority or any other body of 
the University shall be invalidated merely by reason of the existence of 
any vacancy or vacancies among its members.  
Protection of 
action taken 
in good faith 
39. No suit or other legal proceedings shall lie against any 
officer or employee of the University for anything which is in good faith 
done or intended to be done in pursuance of any of the provisions of 
this Act or the Statutes or the Ordinances.  
 
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Staff of the 
University 40. (1) The University shall appoint such number of employees 
including academic staff as may be sanctioned by the State 
Government from time to time. The terms and conditions of service of 
the employees of the University shall be such as may be prescribed.  
 (2) The salaries and allowances payable to various categories of 
employees of the University shall be such as may be determined by the 
State Government from time to time.  
 CHAPTER—X 
Miscellaneous and Transitory Provisions 
Power to 
remove 
difficulties 
41. (1) If any difficulty arises in giving effect to the provisions of 
this Act, the State Government may, by a notified order, make such 
provisions, not inconsistent with the provisions of this Act as appears 
to it to be necessary or expedient for removing the difficulty.  
 (2) No order under sub-section (1) shall be made after the 
expiration of the period of two years from the commencement of this 
Act.  
Transitional 
provisions  42. Notwithstanding anything contained in this Act and the 
Statutes :— 
(a) The first Vice-Chancellor, the first Registrar and the first 
Controller of examination shall be appointed by the State Government 
and they shall be governed by the terms and conditions of service 
specified by the Statutes :  
 Provided that the first Vice-Chancellor shall be eligible for 
appointment in the manner specified in the Statutes for another term ; 
(b) The first Executive Council shall consist of not more than 
ten members who shall be nominated by the Chancellor and they shall 
hold the office for a term of two years ; and  
 (c) (i) The first Planning Board shall consist of not more than 
ten members who shall be nominated by the Chancellor and they shall 
hold the office for a term of two years ;  
 (ii) The Planning Board shall in addition to the powers and 
functions conferred on it by this Act, exercise the powers of the 
Academic Council, until the Academic Council is constituted under the 
provisions of this Act and the Statutes, and in the exercise of such 
powers, the Planning Board may co-opt such members as it may 
decide.  
Statutes, 
Ordinances 
and 
Regulations 
to be 
published in 
the Gazette 
U. P. Act no. 
1 of 1904 
43. (1) Every Statute, Ordinance or Regulation made under this 
Act shall be published in the Gazette. 
(2) First Statues, Ordinances or Regulations made under this 
Act, shall, as soon as may be after it is made, be laid before U. P. Act 
No. 1 of 1904 both Houses of the State Legislature and the provisions 
of sub-section (1)  of section 23-A of the Uttar Pradesh General Clauses  
 
[The Uttar Pradesh Rajarshi Tandon Open University Act, 1999]  
236 
 Act, 1904 shall apply as they apply in respect of rules made by the 
State Government under any Uttar Pradesh Act. 
Repeal and 
saving 
U. P. 
Ordinance 
no. 18 of 
1998 
44. (1) The Uttar Pradesh Rajarshi Tandon Open University 
Ordinance, 1998 is hereby repealed.  
(2) Notwithstanding such repeal, anything done or any action 
taken under the provisions of the Ordinance referred to in sub-section 
(1) shall be deemed have been done or taken under this Act as if the 
provisions of this Act were in, force at all material times.  
 —————— 
THE SCHEDULE 
(See Section 4) 
THE OBJECTS OF THE UNIVERSITY 
 1.  The University shall endeavor through education, research, 
training and extension to play a positive role in the development of the 
State, and, based on the rich heritage of the State to promote and 
advance the culture of the people of India and its human resources 
and towards this, end, it shall :– 
 (a) strengthen and diversify the degree, diploma and certificate 
course related to the needs of employment and necessary for building 
the economy of the country on the basis of its natural and human 
resources ;  
 (b) provide access to higher education for large segments of the 
population, and in particular, the disadvantaged groups such as those 
living in remote and rural areas including working people, housewives 
and other adults who wish to upgrade or acquire knowledge through 
studies in various fields ;  
 (c) promote acquisition of knowledge in a rapidly developing 
and changing society and to continually offer opportunity for 
upgrading knowledge, training and skills in the context or innovations, 
research and discovery in all fields of human endeavors ; 
 (d) provide an innovative system of University level education, 
flexible and open, in regard to methods and pace of learning 
combination of courses, eligibility for enrolment age of entry, conduct 
of examination and operation of the programmes with a view to 
promote learning and encourage excellence in new fields of knowledge ;  
 (e) contribute to the improvement of the educational system by 
providing a non-formal channel complementary to the formal system 
and encouraging transfer of credits and exchange of teaching staff by 
making wide use of texts and other software developed by the 
University ; 
 (f) provide education and training in the various arts, crafts and 
skills of the country, rasing their quality and improving their 
availability to the people ; 
 
[The Uttar Pradesh Rajarshi Tandon Open University Act, 1999]  
238 
 
 (g) provide or arranged training of teachers required for such 
activities or institutions ;  
(h) provide suitable Post-graduate courses of study and 
promote research ;  
 (i) provide the counseling and guidance to its students ; and 
(j) promote national integration and the integrated development 
of the human personality through its policies and programmes.  
 2.   The University shall strive to fulfill the above objects by a 
diversity of means of distance and continuing, education, and shall 
function in co-operation with the existing Universities and Institutions 
of higher learning and make full use of the latest scientific knowledge 
and new educational technology to offer a high quality of education 
which matches contemporary needs.  
 
———— 
 
STATEMENT OF OBJECTS AND REASONS 
Although numerous degree colleges and Universities are imparting higher 
education, yet a large number of students every year are deprived of istitutional higher 
education, in the State. The reason is that the number of students desiring institutional 
higher education is larger than the capacity of the various institutions. The students 
deprived of getting institutional higher education though get facilities to fill in 
examination forms and appear at examinations as private candidates but they do not 
get any other cooperation from the said institutions. In order, therefore, to provide all 
the students desirous of institutional higher education with the facility of getting 
institutional higher education it was decided to establish an Open University by the 
name of the Uttar Pradesh Rajarshi Tandon Open University in the State on the pattern 
of the Indira Gandhi National Open University of the Central Government. 
Since the State Legislature was not in session and immediate legislative action 
to implement the aforesaid decision was necessary the Uttar Pradesh Rajarshi Tandon 
Open University Ordinance, 1998 (U.P. Ordinance No. 18 of 1998) was promulgated by 
the Governor on November 2, 1998. 
This Bill is introduced accordingly to replace the aforesaid Ordinance. 
 
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