LexThe AXIS UNIVERSITY UTTAR PRADESH ACT, 2011
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE AXIS UNIVERSITY UTTAR PRADESH ACT, 2011
(U.P. Act no. 13 of 2011)
[As passed by Uttar Pradesh Legislature and assented to by
the Governor on April 4, 2011 and published in Gazette extra
ordinary on April 6, 2011.]
AN
ACT
to establish and incorporate a teaching University sponsored by
Axis Educational Society, Kanpur at Rooma, Kanpur Nagar and to
provide for matters connected therewith or incidental thereto.
IT IS HEREBY enacted in the Sixty-second Year of the Republic of
India as follows:–
Short title 1. This Act may be called the Axis University Uttar Pradesh
Act, 2011.
Definitions 2. In this Act, unless the context otherwise requires,–
(a)"Academic Council" means the Academic Council of the
University;
(b) "Board" means the Board of Studies or the Planning
Board, or any other Board of the University;
(c) "Chancellor", "Pro-Chancellor", "Vice- Chancellor" and
"Pro-Vice-Chancellor" means respectively the Chancellor, the
"Pro-Chancellor" the Vice-Chancellor the Pro-Vice-Chancellor of
the University;
(d) "Court" means the Court of the University;
(e) "Director/Principal" means the Head of an Institution, a
College, a Centre and a School, or the person appointed for the
purpose to act as such in his absence;
(f) "Department" means a Department of Studies and
includes a Centre of Studies and Research;
(g) "Employee" means any person appointed by the
University, and includes a teacher or any other member of the
staff of the University;
(h) "Executive Council" means the Executive Council of the
University;
(i) "Existing College" means a College or an Institution
which imparts professional education and is proposed to be
merged, run and maintained by the University;
(j) "Faculty" means a Faculty of the University;
(k) “Hostel' means Scholar/Students Hostel of the
University;
(l) "Institution/ColIege" means a college including existing
College or an Institution established or maintained by or
associated or constituent to the University in accordance with
this Act and the Statutes;
(m) “Prescribed" means prescribed by Statutes;
(n) "Records and Publication" means the Records and
Publication of the University;
(o) “Society" means Axis Educational Society, 117/N/88,
Kakadeo, Kanpur, registered under the Societies Registration
Act, 1860 on 23-10-2008 with Sub-Registrar office of Kanpur;
(p) "Statutes" and "Ordinances" means respectively, the
Statutes and the Ordinance of the University for the time being
in force;
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(q) “Student" means a student en rolled in the register of
the University;
(r) “Teacher of the University" means Professors,
Associate Professors, Readers, Assistant Professor, Lecturers
and such other persons as may be appointed for imparting
education/instructions of conducting research in the
University and are designated as Teachers by the Ordinances;
(s) "Treasurer", "Registrar", "Deputy Registrar", "Finance
Officer", "Controller of Examinations", "Librarian" or "Proctor"
means respectively the Treasurer, the Registrar, the Deputy
Registrar, the Finance Officer, the Controller of Examination,
the Librarian or the Proctor of the University;
(t) “University" means the Axis University, Uttar Pradesh
established under section 3.
Establishment
of the
University
3. (1) There shall be establishe d at Rooma, Kanpur Nagar,
Uttar Pradesh a University by the Society by the name of the Axis
University Uttar Pradesh.
(2) The University shall be a body corporate.
Conditions for
the establish-
ment of the
University
4. The sponsoring body, the Society shall, for the purposes of
establishing the University under this Act, fulfil the following
conditions, namely :-
(a) duly possesses minimum 50 acres contiguous land
earmarked for the University;
(b) construct on land referred to in clause (a) buildings of
at least 24000 sq. metre carpet areas, out of which at least 50
per cent shall be for academic and administrative purposes;
(c) install equipments in offices and la boratories worth
minimum
Rs. Five crore in the building referred to in clause (b);
(d) appoint teachers and establish infrastructure of the
department/ school for the purposes of teaching and/or
research in at least seven subjects as per standards laid down
by the University Grants Commission;
(e) make the Statutes and the Ordinance for the
administration and functioning of the University;
(f) such other conditions as may be required by the State
Government to be fulfilled before the establishment of the
University.
Starting of the
University
5. (1) The University shall start operation only after the State
Government issues to the Society a letter of authorization for the
commencement of the functioning of the University.
(2) The State Government shall issue the letter of
authorization after receipt of an unambiguous affidavit along with
documents from the Society to the e ffect that all co nditions referred
to in section 4 have been fulfilled.
Objects of the
University
6. The objects of the University shall be to disseminate and
advance knowledge and skill by providing instructional, research and
extension of facilities in such branches of learning as it may deem fit
and the University shall endeavour to provide to students and teachers
the necessary atmosphere and facilities for the promotion of:-
(a) innovations in education leading to restructuring of
courses, new methods of teachi ng, training and learning
including on-line learning, blended learning continuing
education and such other modes and integrated and
wholesome development of personality;
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(b) studies in various disciplines;
(c) inter disciplinary studies;
(d) national intimation, secular ism, social equity and
engineering of international understanding and ethics.
Powers of
University
7. The University shall have the following powers, namely:-
(a) to provide for instruction in such branches of learning
as the University may, from time to time, determine and to
make provisions for research and for the advancement and
dissemination and application of knowledge and skills;
(b) to impart and promote the study of science,
engineering and technology, Bio and Medical Sciences, Dental
Science, Pharmacy, Manageme nt, Hotel and Hospitality
Management, Law and other Professional courses and also
History, Culture, Commerce, Economics, Humanities,
Philosophy, Art etc. through in-campus off-campus offshore-
campus and satellite centres or by conducting centres or by
distant educational programmes etc.
(c) to honor educational stalwarts and persons of
academic eminence with the decoration of professor Emeritus;
(d) to grant, subject to such conditions as the University
may determine, diplomas or certificates to, and confer degrees
or other academic distinctions on the basis of examinations,
evaluation or any other method of testing on persons, and to
withdraw any such diplomas, certificates, degrees or other
academic distinctions for good and sufficient cause;
(e) to confer honorary degrees or other distinctions in the
manner prescribed;
(f) to provide education and training including
correspondence and such other courses, to such persons who
are not members of the University, as it may determine;
(g) to institute Directorships, Principalships,
Professorships, Associate Professorships, Readership,
Assistant Professorships, Lectureships and other teaching or
academic posts required by the University and to make
appointments for the same;
(h) to create administrative, ministerial and other posts
and to make appointments thereto;
(i) to appoint/engage persons of eminence working in any
other University or Organization permanently or for a
specified period;
(j) to co- operate, collaborate or associate with any other
University or Authority or Institution in India and abroad in
such manner and for such purpose as the University may
determine;
(k) to establish and maintain schools, centres,
specialized laboratories or other units for research and
instructions as are in the opinion of the University, necessary
for the furtherance of its objects;
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(l) to institute and award fe llowships, scholarships,
studentships, medals and prizes;
(m) to establish and maintain and supervise residences,
hostels within the University and promote the health and
general welfare activities for students and staff;
(n) to make provisions for research and consultancy, and
for that purpose to enter into such arrangements with other
institutions or bodies as the University may deem necessary;
(o) to declare centre, an inst itution, a department, or
school, as the case may be, in accordance with the Statutes;
(p) to determine standards for admission into the
University, which may include examination, evaluation or any
other method of testing;
(q) to prescribe, demand and receive payment of fees and
other charges;
(r) to make special arrangement in respect of women and
other disadvantaged students as the University may consider
desirable;
(s) to regulate and enforce discipline among the employees
and students of the University and take such disciplinary
measures in this regard as may be deemed necessary by the
University,
(t) to make arrangements for promoting the health and
general welfare of the employees of the University;
(u) to receive donations and to acquire, hold, manage and
dispose through sale lease rent of any property, movable or
immovable for the welfare of the University;
(v) to borrow, by way hypothecation or mortgage against
the property of the University, with the approval of the Society;
(w) to appoint either on contract or otherwise,
visiting professors, emeritus professors, consultants, fellows,
scholars, artists, course writers and such other persons who
may contribute to the advancement of the objects of the
University;
(x) to organize and to undertake extra-mural studies and
extension service;
(y) to do all such other acts and things as may be
necessary, incidental or conducive to the attainment of all or
any of the objects of the University.
Admission
and
Standards
8. (1) Admission to the different academic programmes shall be
made in accordance with the laws for the time being in force.
(2) The University shall ensure that the academic standards of
the courses offered by the University are in accordance wi th the
guidelines of the University Grants Commission and other statutory
bodies as the case may be.
(3) The teacher-student ratio shall be in accordance with the
guidelines of the University Grants Commission and specific council.
University
open to all
classes and
creeds
9. The University shall be open to persons of either sex and of
whatever race, creed, caste or class, and it shall not be lawful for the
University to adopt or impose on any person any test whatsoever of
religious belief profession in order to entitle him to be admitted therein
as an officer, a teacher, staff member, student, or to hold any office
therein or to graduate thereat:
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Provided that reservation in the posts and recruitment of the
employees and reservation of seats for admission in any course of
study in the University for the stud ents and persons belonging to the
Scheduled Castes, Scheduled Tribes and Other Backward Classes of
citizens shall be regulated by the o rder of the State Government
issued from time to time.
Officers of the
University
10. The following shall be the officers of the University:-
(a) the Chancellor;
(b) the Pro-Chancellor;
(c) the Vice-Chancellor;
(d) the Pro-Vice-Chancellor;
(e) the Director/Principal;
(f) the Registrar;
(g) the Dean of Faculty;
(h) the Dean of Students Welfare;
(i) the Controller of Examinations;
(j) the Chief Proctor;
(k) the Treasurer;
(l) the Finance Officer; and
(m) such other officers as may be declared by the
Statutes to be the officers of the University;
The Chancellor 11. (1) The Chancellor shall be appointed by the Management
Committee of the Society for a period of three years.
(2) The Chancellor shall by virtue of his office, be the Head of
the University and shall constitute interim Executive Council.
(3) The Chancellor may in writing under his hand addressed
to the Society resign his office.
The Pro-
Chancellor
12. (1) The Pro-Chancellor shall be appointed by the
Management Committee of the Society for a period of three years.
(2) The Pro- Chancellor shall assist the Chancellor in
discharging his duties and preside at the convocation in his absence.
(3) The Pro-Chan cellor may in writing under his hand
addressed to the Chancellor resign his office.
The Vice-
Chancellor
13. (1) The Vice-Chancellor shall be appointed by the
Chancellor in such manner as may be prescribed, for a period of
three years.
(2) The Vice·Chanccllor shall be the principal executive and
academic officer of the University and shall be the Chairman of the
Academic Council and Planning Bo ard of the University, and shall
exercise general supervision and control over the affairs of the
University and give effect to the decisions of the authorities of the
University;
(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 authority of the University by or under this Act and
shall convey to such authority the action taken by him on such
matters:
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Provided that any authority or any person in the service of
the University who is aggrieved by the action taken by the Vice-
Chancellor under this sub- section may prefer an appeal to the
Chancellor within one month from the date of communication of the
order. The Chancellor may confirm, modify or reverse action taken
by the Vice-Chancellor.
(4) The Vice-Chancellor shall exercise such powers and
perform such other functions as may be prescribed.
The Pro-Vice-
Chancellor
14. (1) The Pro-Vice-Chancellor shall be appointed by the
Vice-Chancellor in such manner an d shall exercise such powers and
perform such functions as may be prescribed.
(2) The Pro-vice-Chancellor appointed under sub-section (1)
shall discharge his duties in addition to his duties as a professor.
(3) The Pro-Vice-Chancellor sh all assist the Vice-Chancellor
in discharging day to day duties as and when required by the Vice-
Chancellor.
(4) The Pro-Vice-Chancellor shall get an honorarium of such
amount as may be determined by the Society.
Director/
Principal
15. The Director/Principal sh all be appointed in such
manner and shall exercise such powers and perform such functions
as may be prescribed.
The Registrar 16. (1) The Registrar shall be appointed in such manner as
may be prescribed.
(2) The Registrar shall have the power to enter into
agreements, sign documents and auth enticate records on behalf of
the University and shall exercise such other powers and perform
such other functions as may be prescribed.
(3) The Registrar shall be the ex-officio Secretary of the
Executive Council and the Academic Council.
Dean of Faculty 17. Every Dean shall be appointe d in such manner and shall
exercise such powers and perform such functions as may be
prescribed.
The Treasurer 18. The Treasurer shall be appointed in such manner and
shall exercise such powers and pe rform such function as may be
prescribed.
Finance Officer 19. (1) The Finance Officer sh all be appointed in such
manner and shall exercise such powers and perform such functions
as may be prescribed.
(2) The Finance Officer shall be the ex-officio Secretary of the
Finance Committee.
Other Officers 20. The Manner of appointment and powers and duties of
other officers of the University including the Dean of Students
Welfare, Controller of Examinations and Chief Proctor shall be such
as may be prescribed.
Authorities of
the University
21. The following shall be the authorities of the University :-
(a) the Court;
(b) the Executive Council;
(c) the Academic Council;
(d) the Finance Committee;
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(e) the Planning Board;
(f) the Board of Faculties;
(g) the Admissions Committee;
(h) the Examinations Committee; and
(i) such other authorities as may be declared by the
Statutes to be the authorities of the University.
The Court 22. (1) The constitution of the Court and the term of office of
its members shall be such as may be prescribed.
(2) Subject to the provisions of this Act the Court shall have
the following powers and functions, namely:-
(a) to review from time to time, the broad policies and
programmes of the University and suggest measures for the
working, improvement and development of the University;
(b) to consider and pass resolutions on the Annual
Report and Annual Accounts of the University and Audit
Report of such accounts;
(c) to advise the Chancellor in respect of any matter
which may be referred to it for advice;
(d) to perform such other functions as may be
prescribed.
TheExecutive
Council
23. (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.
The Academic
Council
24. (1) The Academic Council shall be the principal academic
body of the University and shall subject to the provisions of the
Statutes and the Ordinances, co-ordinate and exercise general
supervision over the academic policies of the University.
(2) The const itution of the Academic Council, the term of
office of its members and its powers and functions shall be such as
may be prescribed.
The Finance
Committee
25. (1) The Finance Committee shall be the principal
financial body of the University to take care of the finance matters.
(2) The constitution, powers and functions of the Finance
Committee shall be such as may be prescribed.
The Planning
Board
26. (1) The Planning Board shall be the principal planning
body of the University. The Board shall ensure that the
infrastructure and academic support system meets the norms of the
University Grants Commission or the respective Councils.
(2) The constitution of the Planning Board, term of office of its
members and its powers and functions shall be such as may be
prescribed.
Board of
Faculty,
Admission
Committee,
Examination
Committee and
other
Authorities of
the University
27. The constitution, powers and functions of the Board of
Faculties, the Admission Committee, the Examination Committee
and of such other authorities of the University which may be
declared by the Statutes to be the authorities of the University shall
be such as may be prescribed.
Power to make
Statutes 28. (1) The Executive Council shall make the Statutes for
carrying out purposes of this Act.
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(2) Subject to the provisions of this Act the Statutes may
provide for all or any of the following matters, namely: —
(a) the constitution, powers and functions of the
authorities of the University;
(b) the appointment and continuance in office of the
members of the said authorit ies, filling of vacancies of
members and all other matters relating to those authorities
for which it may be necessary to provide;
(c) the appointment, powers and duties of the officers of
the University and their emoluments;
(d) the appointment of teachers of the University and
other academic and administrative staff and their emolu-
ments;
(e) the appointment of teachers and other academic and
administrative staff working in th e University or Institution
for specific period for undertaking a joint project;
(f) the conditions of service of employees including
provisions for retirement benefits, insurance and provident
fund, the manner of terminat ion of service and disciplinary
actions;
(g) the principals governing seniority of service of
employees;
(h) the proce dure for settlement of disputes between
employees or students and the University;
(i) the procedure for appeal to the Executive Council by
any employee or students against the action of any officer or
other authority of the University;
(j) the conferment of honorary degrees;
(k) the withdrawal of degree, diploma, certificate and
other academic distinction;
(l) the institution of fellowships, scholarships,
studentships, medals and prizes;
(m) the maintenance of discipline among the students;
(n) the est ablishment and abolition of Department,
Centers and other constituted institutions / colleges etc;
(o) the delegation of powers vested in the authorities or
officers of the University; and
(p) all other matters, which may in this Act are to be or
may be prescribed.
(3) The Executive Council shall not make, amend or repeal
any Statute affecting the powers or constitution of any authority of
the University until such authority has been given an opportunity of
expressing an opinion in writing on the proposed changes, and any
opinion so expressed shall be considered by the Executive Council.
(4) Notwithstanding anything contained in the foregoing sub-
sections the Chancellor may direct the University to make provisions
in the Statutes, in respect of any matter specified by him and if the
Executive Council is unable to implement such a direction within
sixty days of its receipt, the Chancellor may, after considering the
reasons, if any, communicated b y the Executive Council for its
inability to comply with such direct ion, make or amend the Statutes
accordingly as he may deem fit.
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Power to make
Ordinances
29. Subject to the provisions of this Act and the Statutes, the
Ordinances shall be made by the Executive Council which may
provide for all or any of the following matters, namely:—
(a) the admission of students to the University and their
enrolment as such;
(b) the courses of study to be laid down for all degrees,
diplomas and certificates of the University;
(c) the medium of instruction and examination;
(d) the award of degree, diploma, certificate and other
academic distinction, the qua lification for the same and the
means to be taken relating to the granting and obtaining of the
same;
(e) the fees to be charged for courses of study in the
University and fo r admission to the examinations, degrees,
diplomas and certificates of the University;
(f) the conditions for the award of fellowships,
scholarships, studentships, medals and prizes;
(g) the conduct of examinations, including the term of
office and manner of appointmen t and the duties of examining
bodies, examiners and moderators;
(h) the conditions of residence of the students of the
University;
(i) the special arrangements, if any, which may be made
for the residence, discipline an d teaching of women students
and prescribing of special courses of studies for them within
the University;
(j) the appointment and emol uments of employees other
than those for whom provision has been made in the Statutes;
(k) the establishment of Centre of Studies, Boards of
Studies, interdisciplinary Studi es, Special Centers, Specialized
Laboratories and other Committees;
(l) the manner of co- operation and collaboration with
other Universities and authoritie s including learned bodies or
associations;
(m) the creation, composition and functions of any other
body which is considered necessary for improving the
academic mileage of the University;
(n) the remuneration to be paid to the examiners,
moderators, invigilators and tabulators;
(o) such other terms and conditions of service of teachers
and other academic staff as are not prescribed by the Statutes.
Annual report 30. (1)The annual report of the University shall be prepared
under the direction of the Executive Council and shall be submitted to
the Court on or after such date as may be prescribed and the Court
shall consider the report in its annual meeting.
(2) The Court shall submit the annual report to the
Chancellor along with its comments, if any.
Annual accounts 31. (1) The annual accounts and balance sheet of the
University shall be prepared under the directions of the Executive
Council and shall, once at least every year and at intervals of not more
than fifteen months, be audited by an experienced and qualified firm
of Chartered Accountant of repute.
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(2) A copy of the annual accounts, together with the audit
report thereon, shall be submitte d to the Court and the Chancellor
along with the observations of the Executive Council.
Conditions of
service of
employees
32. (1) Every employee of the University shall be appointed /
engaged as per provisions of the Statutes.
(2) Any dispute arising between the University and any of the
employees appointed substantively, shall be referred to the Executive
Council who shall decide the dispute after affording an opportunity to
the employee within three months from the date of its reference.
(3) The aggrieved employee may file an appeal against the order
of the Executive Council to the Chancellor.
(4) Any dispute in respect of an y employee engaged temporarily
or on ad-hoc or part time or casu al basis shall be heard and decided
finally by the head of the concerned department.
(5) Any person aggrieved by an order under sub-section (4) may
prefer an appeal to the Vice-Chan cellor. The decision of the Vice-
Chancellor in such an appeal shall be final and no suit shall lie in any
court in respect of the matters decided by the Vice-Chancellor.
Right to
appeal
33. (1) Any student or candidate for an examination, whose
name has been removed from the rolls of the University by the orders
or resolution of the Academic Council, Proctorial Board or Controller of
Examinations as the case may be, and who has been debarred from
appearing at the examinations for mo re than one year, may within ten
days of the date of receipt of such order or copy of such resolution by
him in writing appeal to the Vice-Cha ncellor to reverse the decision of
the aforesaid authorities or the concerned Committee, as the case
may be.
(2) Any decision taken by the Vice-Chancellor shall be final.
Employees
provident fund
and pensions
34. The University may constitute for the benefit of its
employees such pension or welfar e schemes or provident fund or
provide such insurance schemes as it may deem fit in such manner
and subject to such conditions as may be decided by the Executive
Council.
Disputes as to
the
constitutions
of Authorities
and bodies
35. lf any question arises as to whether any person has been
duly nominated or appointed as or is entitled to be a member of any
authority or other body of the University, the matter shall be referred
to the Chancellor whose decision thereon shall be final.
Constitution
of Committee
36. Where any authority of the University is given power under
this Act or the Statutes to appoint Committees, such Committees shall
as otherwise provided, consist of the members of the authority
concerned and of such other persons as the authority in each case
may think fit.
Filling of the
vacancies
37. All 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
appointed, nominated or co-opted the members whose place has
become vacant for the remainin g term for which he has been
appointed or co opted.
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Invalidity of
proceeding
38. No act or proceedings of any authority of the University
shall be invalid merely by reason of the existence of a vacancy or
vacancies among its members.
Mode of proof of
University
records
39. A copy of any receipt, app lication, notice, proceeding,
resolution of any authority or Committee of the University or other
documents in possession of the University, if certified by the
Registrar, shall be received as prima-facie evidence of such receipt,
applications, notice, order, proceeding or resolution, documents or
the existence of entry in the register and shall be admitted as
evidence of the matters and transa ction therein where the original
would, if produced, have been admissible in evidence.
Publication of
Statutes and
Ordinances
40. (1) Every Statute or Ordinance made under this Act shall
be in writing.
(2) Each new Statute or Ordi nance made under this Act
shall be enforced as soon as it is made by the competent authority.
Permanent
endowment fund
41. (1) The Society shall estab lish a permanent endowment
fund of at least rupees ten crore.
(2) The University shall have the power to invest the
permanent endowment fund in such manner as may be prescribed.
(3) The University may transfer any amount from the general
fund or the development fund to the permanent endowment fund.
(4) Any amount exceeding the minimum amount specified in
sub-section (1) may be withdrawn from the permanent endowment
fund by the Un iversity for the purposes of development of the
University.
General fund 42. (1)The University shall establish a general fund to which
the following amount shall be credited, namely:–
(a) all fees which may be charged by the University;
(b) all sums received from any other source;
(c) all contributions made by the Society; and
(d) all contributions made in this behalf by any other
person or body which are not prohibited by any law for the
time being in force.
(2) The moneys credited to the general fund shall be applied
to meet all the recurring expenditures of the University.
Development fund 43. (1) The University shall also establish a development
fund to which the following money shall be credited, namely:—
(a) development fees, which m ay be charged from
students;
(b) all sums received from other sources for the purpose
of the development of the University;
(c) all contributions made by the Society;
(d) all contributions made in this behalf by any other
person or body which are not prohibited by any law for the
time being inforce; and
(e) all incomes received from the permanent endowment
fund.
(2) The money credited to the development fund from time to
time shall be utilized for the development of the University.
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Maintenance
of fund
44. The funds established under sections 41, 42 and 43 shall
subject to general supervisions and control of the Court be regulated
and maintained in such manner as may be prescribed.
Financial
condition
45. The University shall not be e ligible for any grant in aid or
any, financial assistance from the State Government or any other body
or Corporation owned and controlled by the State Government.
Fees 46. The fees charged for different academic programmes shall
be in accordance with laws for the time being in force.
Power of State
Government
to call for
information
and records
47. (1) It shall be the duty of the University or any authority or
officer of the University to furnish such information or records relating
to the administration or finance and other affairs of the University as
the State Government may call for.
(2) The State Government, if it is of the view that there is a
violation of this Act or the Statutes or Ordinances made thereunder
may issue such directions to the University under section 51 as it may
deem necessary.
Dissolution of
University
48. (1) lf the University proposes its dissolution in accordance
with the law governing its constitutions or incorporation, it shall give
at least six months written notice to the State Government.
(2) On receipt of notice referred to in sub-section (1) the State
Government shall make such arrangement for administration of the
University from the date of dissolut ion of the University and until the
last batch of students in regular courses of studies of the University
complete their courses or studies in suc h manner as may be
prescribed.
Expenditure
of the
University
during
dissolution
49. (1) The expenditure for administration of the University
during the taking over the liabilities of the University under section 48
shall be met out of the permanent endowment fund, the general fund,
and the development fund.
(2) lf the funds referred to in sub-section (1) are not sufficient to
meet the expenditure of the University during the taking over the
liabilities of the University, such ex penditure may be met by disposing
of the properties or assets of the University by the State Government.
De-recognition
of the
University by
the State
Government
50. (1) Where the State Government receives a complaint that
the University is not functioning in accordance with the provisions of
this Act, it shall require the University to show cause within such time,
which shall not be less than two months referring a copy of the
complaint as to why the University should not be derecognized.
(2) If, upon receipt of the reply of the University to the notice
given under sub-section (1), the State Government is satisfied that a
prima-facie case of mism anagement or violation of the provisions of
this Act in the functioning of the Univ ersity is made out, it shall order
such enquiry as it deems necessary.
(3) For the purpose of an inquiry under sub- section (2), the
State Government shall, by notificati on, appoint an officer or authority
as the enquiring authority to enquire into the allegations of violation of
the provisions of this Act.
(4) Every inquiring authority appointed under sub- section (3)
shall while performing its functions under this Act have all the powers
of Civil Court under the Code of Civil Procedure, 1908 trying a suit and
in particular in respect of the following matters, namely:-
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[The Axis Unversity Uttar Pradesh Act, 2011]
(a) summoning and enforcing the attendance of any
witness and examining him on oath;
(b) requiring the discovery and production of any
document;
(c) requisitioning any public re cord or copy thereof from
any office;
(d) receiving evidence on affidavits;
(e) any other matter which may be prescribed.
(5) If, upon receipt of the inquiry report , the State
Government is satisfied that the University has violated any
provision of this Act, it shall direct the University to make necessary
improvement and suggest for proper implementation of the
provisions of this Act.
(6) lf it is observed that th e University is violating the Act
continuously for three times the State Government may derecognize
the University with prior approval of the University Grants
Commission.
(7) During the period of the management o f the University
under sub-section (6), the St ate Government may utilize the
permanent endowment fund, the general funds or the development
fund for the purpose of the Management of the affairs of the
University. lf the funds of the University are not sufficient to meet
the requisite expenditure of the University, the State Government
may dispose of the assets or the properties of the University to meet
the said expenses.
(8) Every notification under sub-section (6), shall be laid
before both Houses of the State Legislature before implementation.
Power of the
State
Government to
issue directions
on policy
matters
51. The State Government may issue such directions from
time to time to University on policy matters not inconsistent with
the provisions of this Act as it may deem necessary, such directions
shall be complied with by the University.
Status of assets/
liabilities on
dissolution/ de-
recognition
52. All assets and properti es including permanent
endowment fund, general fund or any other fund and also the
liabilities of the University will be long to the Society in case of
dissolution of the University under any clause mentioned herein
above.
Power to remove
difficulties
53. (1) The State Government may for the purposes of
removing any difficulty, particularly in relation to the transition from
the provisions of the Uttar Pradesh State Universities Act, l973 to
the provisions of this Act, direct th at the provisions of this Act shall
during such period as may be specified in the order, have effect
subject to such adaptations, wh ether by way of modification,
addition or omission as it may deem necessary or expedient:
Provided that no such order shall be ma de after two years
from the date of commencement of this Act.
(2) Every order made under sub- section (1) shall be laid
before both Houses of the State Legislature as soon as may be after
it is made.
(3) No order made under sub-section (1) shall he called in
question in any Court on the ground that no difficulty as is referred
to in that sub-section existed or was required to be removed.
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[The Axis Unversity Uttar Pradesh Act, 2011]
STATEMENT OF OBJECTS AND REASONS
With a view to encouraging private sector to participate in the field of higher education, it has
been decided to establish and incorporate a teaching University by the name of
Axis University, Kanpur Nagar in Uttar Pradesh sponsored by Axi s Educational Society , 117/N/88,
Kakadeo, Kanpur registered under the Societies Registration Act, 1860 (A ct no. 21 of 1860), so as to
provide to the students and teachers the necessary atmosphere a nd facilities for the promotion of
innovations in education leading to proper structuring of cours es, new methods of teaching and learning
and integral development of personality.
The Axis University Uttar Pradesh Bill, 2011 is introduced accordingly.
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