The BHATKHANDE SANSKRITI VISHWAVIDYALAYA ACT, 2022
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this actIR IS JERIRY TToie, 3 9, 2022 43 IN pursuance of the provisions of clause (3) of Article 348 of the Constitution of India, the Governor is pleased to order the publication of the following English translation of the Bhatkhande Sanskriti Vishwavidyalaya Adhiniyam, 2022 (Uttar Pradesh Adhiniyam Sankhya 2 of 2022) as passed by the Uttar Pradesh Legislature and assented to by the Governor on June 3, 2022. The Sanskriti Anubhag is administratively concerned with the said Adhiniyam. THE BHATKHANDE SANSKRITI VISHWAVIDYALAYA ACT, 2022 (U.P. Actno. 2 0f2022) [A4s passed by the Uttar Pradesh Legislature] AN ACT to establish and incorporate a teaching, research and extension University with a view to upgrade and reconstitute the existing Bhatkhande Music Institute Deemed University, Lucknow in the State of Uttar Pradesh and to provide for matters connected therewith or incidental thereto. I1 Is HEREBY enacted in the Seventy third Year of the Republic of India as follows:- CHAPTER-I PRELIMINARY 1. (I) This Act may be called the Bhatkhande Sanskriti Vishwavidyalaya Short title and Act, 2022. commencement (2) It shall be deemed to have come into force with effect from January 6, 2022. Difinitions 2. In this Act unless the context otherwise requires: a. “Academic Council”, means the Academic Council of the University constituted under section 22; b. “Affiliated College” means an institution affiliated to the University in accordance with the provisions of this Act and Statutes of the University;, c. “Autonomous College”™ means an affiliated or recognized college declared as such in accordance with the provisions of section 40; d. “Chancellor” means the Chancellor of the University; e. “Constituent College”™ means an institution maintained by the University and named as such by the Statutes; f. “Director” in relation to an Institute, means the head of such Institute; g. “Executive Council” means the Executive Council of the University constituted under section 19; h. “Existing University” means Bhatkhande Music Institute Deemed University; 1. “Faculty” means a faculty of the University; j. “Foundation course™ means a course of greater awareness of oneself and of the social cultural and natural environment; k. “Hall” means a unit of residence for students maintained or recognized by the University in which provision is made for imparting tutorial and other supplementary instructions; I. “Hostel]” means a unit of residence for students maintained or recognized by the University, other than a hall, and “hostel of an affiliated or 86_RPH_vidhaika -21 Adhiniyvam folder _(Bhatkhande )-2022 Data4E (O Scanned with OKEN Scanner 44 IR IS JERIRY TToie, 3 9, 2022 recognized college” means a unit of residence for students of that college; m. “Institute” means an Institute established by the University under section 41; n. “Management” in relation to an affiliated or recognized college means the Managing Committee or other body charged with managing the affairs of that college and recognized as such by the University; 0. “Other Backward Classes of citizens” shall have the same meaning as in the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994; p. “Prescribed” means prescribed by the Statutes; q. “Principal” in relation to an affiliated, recognized or a constituent college means the head of such college and includes, the person for the time being duly appointed to Act as Principal, and in the absence of the Principal or Acting Principal, a Vice-Principal duly appointed as such; r. “Registrar” means the Registrar of the University appointed under section 14; s. “Recognized College”™ means any institution recognized by the University and authorized under the provisions of this Act and the Statutes of the University to provide for the teaching necessary for admission to a degree of the University; t. “Secretary” means the Principal Secretary or the Secretary, as the case may be, of the concerned Department of the Government of Uttar Pradesh; u. “Self finance course” means a course with respect to which all financial liabilities shall be borne by the Management of an recognized or affiliated college or by the University; v. “Senior officers of the State™ means officers of the Provincial Service of Uttar Pradesh posted in the University by the State Government; w. “Statutes”, “Ordinances” and “Regulations” means respectively the Statutes, Ordinances and Regulations of the University; X. “Teacher” means Professor, Associate Professor, Assistant Professor imparting instructions or guiding research in the University or a Constituent College or Affiliated College or a Recognized College or Institute of the University or such other persons as may be declared to be the teacher by the Statutes; y. “University” means the Bhatkhande Sanskriti Vishwavidyalaya established under section 3; z. “Vice Chancellor” and “Pro-Vice Chancellor” means the Vice Chancellor and Pro-Vice Chancellor of the University appointed under sections 11 and 13 respectively. CHAPTER I 86_RPH_vidhaika -21 Adhiniyvam folder _(Bhatkhande )-2022 Data4E (O Scanned with OKEN Scanner IR IS JERIRY TToie, 3 9, 2022 45 THE UNIVERSITY 3. (1) With effect from such date as the State Government may, by notification Establishment in the Gazette appoint, there shall be established in the State of Uttar Pradesh a and University by the name of “Bhatkhande Sanskriti Vishwavidyalaya™. Incorporation of the University (2) With effect from the date of commencement of this Act, the Bhatkhande Music Institute Deemed University shall cease to function as such, and all the assets and liabilities of the said Deemed to be University shall stand transferred to the University. (3) The University shall be a body corporate. The Chancellor, the Vice- Chancellor, the members of the Executive Council and the Academic Council for the time being holding office as such in the University shall constitute the body corporate. (4) The headquarter of the University shall be at Lucknow. (5) The University shall have perpetual succession and a common seal, and shall sue and be sued by its name. (6) In relation to the University to be established under sub-section (1):- (a) the State Government shall appoint interim officers of the said University and shall constitute interim authorities of such University in such manner as its thinks fit; (b) the officers appointed and members of the authorities constituted under clause (a) shall hold office until the appointment of officers or the constitution of the authorities in accordance with clause (c) or such other earlier date as may be specified by the State Government in this behalf’ Provided that the State Government may, by notification, extend the term of the members of such authorities for a period not exceeding one year. (c) the State Government shall take steps for the appointment of officers and constitution of authorities of such University in accordance with the provisions of this Act, so that the same may be completed before the expiry of the respective terms of the interim officers and members under clause (b). 4. The objectives of the University shall be :- Objectives of the University (1) to provide for instruction and training in all branches of Music, Art and Culture in India in order to achieve highest standard in education of Music, Art and Culture and to disseminate the same in society at large; (1) to facilitate research for the advancement and dissemination of knowledge in order to promote Indian Classical Music, Art and Culture, in India and abroad, and to establish new campus of University in India and abroad in order to achieve this goal; (iii) to undertake extra mural studies, extension programs and field outreach activities in order to confribute to the development of society; (iv) to own, manage, and develop as an institution for the advancement of Classical Music, open to all irrespective of caste, creed, race, and religion, 86_RPH_vidhaika -21 Adhiniyam folder _(Bhatkhande )-2022 Data-4E (O Scanned with OKEN Scanner 46 IR IS JERIRY TToie, 3 9, 2022 economic position or social status; (v) to bring about musical, intellectual, emotional and ethical integration of an individual possessing the basic values of humanism, secularism, and demacracy; capable of giving a fuller response to social and environmental challenges, and having a strong character and high ethical standard; (vi) to organise and impart excellent music education in classical, vocal and instrumental forms and dance education in classical as well as contemporary forms; (vii) to nurture a musical temper and frain a person in practical music and musicology to make the individual better suited to the increasingly music oriented society of the day; (viii) to promote the study of cultural heritage and provide a musical background for retaining human touch so as to mellow down the harshness of a mechanical world; (ix) to promote, preserve and encourage the folk music and dances of India; (x) to facilitate research in Science of Music and all the three branches of Indian Classical Music, Vocal, Instrumental and Dancing; (xi) to collect and preserve the best classical compositions in the form of tapes, records, manuscripts, photographs, instruments, costumes and ornaments etc.; (xi1) to organize and conduct short term and refresher courses, summer camps etc. and invite experts and research scholars from within the country and abroad for delivering lectures regarding the promotion of Indian Culture; (xiii) to offer job oriented diploma and certificate courses in the field of performing arts, film making, visual arts, archaeology, musicology and archives; (xiv) to produce, direct and perform music programmes before the public and music connoisseurs as a part of training and promotion of Indian Music as well as for the promotion of the other objectives of the University; (xv) to introduce various courses regarding teaching and learning in the field of Choreography, Script writing, Cinematography, Music Composition, Lyrics Writing, Song Recordings, Music Designing, Anchoring, Costume Designing, Make-up, Light Designing Instrument making and to promote programmes based on Indian Culture; (xvi) to publish a Research Journal of international standards with a view to preserve and promote Indian Music, Arts and Culture; (xvii) to invite respected vocalists, instrumentalists, dance maestro, drawing and painting artists, and subject experts from the field of museum, archaeology and archives to impart training in workshops; and to create study material for audio visual library of the Institute as well as to help in developing the extra-curricular activities par excellence; (xviii) to collect, evaluate and preserve the best classical compositions, manuscripts, photographs, instruments, costumes, ornaments, audio-video recordings, etc; (xix) to promote, preserve and pave the way for performance and research of folk culture of Uttar Pradesh and India; (xx) to collect, evaluate and preserve the best classical compositions, manuscripts, photographs, instruments, costumes, ornaments, audio-video recordings, etc: (xx1) to foster cultural and academic contacts within India and abroad through cultural and academic exchange programs with a view to facilitate 86_RPH_vidhaika -21 Adhiniyvam folder _(Bhatkhande )-2022 Data4E (O Scanned with OKEN Scanner IR IS JERIRY TToie, 3 9, 2022 47 students, teachers, and to conduct research for their foreign visits to attend seminars and performances as well as to give advancement to their studies; (xxii) to grant affiliation and to enter into Memorandum of Understanding (MoUs) with the Universities, museums and Academies of the same nature from different States of India and other countries of abroad; (xxiil) to establish a Research and Documentation Cell in University to enrich pure Indian classical music, accessible to the world by way of both real and virtual teaching in the digital era of globalization; (xxiv) to promote and encourage Guru Shishya Prampara tradition of Indian Culture; (xxv) to initiate research in Music as a therapy and to promote and encourage inter-disciplinary researches therein: (xxvi) to establish inter-departmental cultural academic exchange programme and courses with any similar Universities or Institutes; (xxvil) to prepare professional courses of highest academic level synthesising music, art, culture and tourism to promote employment; (xxviii) to sign M.O.U. with different Pilgrimage Development Boards established or to be established by the Government of Uttar Pradesh for granting Degree, Diploma, for participation in research and cultural activities and also to have co-operation with other activities of these Boards in order to promote cultural diversity; (xxix) to set up a separate faculty for study and research in traditional theatre of different cultural zones of Uttar Pradesh i.e., Awadh, Poorvanchal, Bundelkhand, Braj and Pashchimanchal Uttar Pradesh, etc; (xxx) to promote study of and to establish centres related to Uttar Pradesh Classical Gharanas, and classical and folk music in countries like Mauritius, Surinam, Trinidad, etc; (xxxi) to facilitate scholarships to those students of the University, who are pursuing their further studies abroad in the field of music, arts and culture; (xxxii) to facilitate students to achieve different fellowships; (xxxiii) to set up a mega auditorium for performance and a digitals studio, well-equipped with modern facilities and techniques for music composing, editing, dubbing and other related works. along with a mini auditorium to promote performing skills among the students and artists, by way of workshops and seminars/symposias and exhibition gallery for wvarious exhibitions: (xxxiv) to set up a modern library, digitally equipped library for studies and other similar works; (xxxv) to set up a museum of rare instruments related to folk, tribal and contemporary music, art and culture; (xxxvi) to felicitate the reputed and distinguished personalities of the State of Uttar Pradesh, of India and abroad to give them proper recognition of their lifelong works and achievements to music art and culture, and to develop a sense of responsibility among the students and research scholars of the University so that they can serve the society in fields of music and arts by developing skills in respect thereof; (xxxvil) to organize lectures, seminars, symposia and conferences to make music and arts with efficient instruments of socio-cultural and 86_RPH_vidhaika -21 Adhiniyvam folder _(Bhatkhande )-2022 Data4E (O Scanned with OKEN Scanner 48 IR IS JERIRY TToie, 3 9, 2022 academic development; (xxxviii) to hold examinations and confer degrees and other academic distinctions; (xxxix) to do all such other acts and things as may be necessary or desirable to further the objects of the University. Powers and 5. The University shall have the following powers and functions, Functions of the University namely - (i) to provide for instruction in such branches of learning as the University may think fit, and to make provisions for research and for the advancement and dissemination of knowledge of art and culture; (ii) to admit any college to the privileges of affiliation or recognition or to enlarge the privileges of any college already affiliated or recognized, as the case may be, or to withdraw or curtail any such privilege and to guide and control the work of affiliated and recognized colleges. (iii) to confer degrees, diplomas and other academic distinctions; (iv) to hold examination for, and to grant and confer degrees, diplomas and other academic distinctions to and on persons, who:- (a) have pursued a course of study in the University, a constituent college or an affiliated college, or recognized college; or (b) have carried on research in the University or in an institution recognized in that behalf by the University or independently, under conditions laid down in the Statutes and the Ordinances; or (c) have pursued a course of study by correspondence whether residing within the area of the University or not, and have been registered by the University as external candidates, subject to such conditions as may be laid down in the Statutes and Ordinances; or (d) are teachers or other employees in the University or in an Institute or in a constituent or affiliated or recognized college or in any other educational institution under conditions laid down in the Statutes and the Ordinances, and have carried on private studies under the conditions laid down in the Statutes and the Ordinances; or. (e) are persons residing within the area of the University and have carried on private studies under conditions laid down in the Statutes and Ordinances; or (f) are blind and are residing within the area of the University and have carried on private studies under conditions laid down in the Statutes and the Regulations; (v) 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; (vi) to co-operate and collaborate with other Universities and authorities in such manner and for such purposes as the University may determine; 86_RPH_vidhaika -21 Adhiniyvam folder _(Bhatkhande )-2022 Data4E (O Scanned with OKEN Scanner IR IS JERIRY TToie, 3 9, 2022 49 (vii) to institute teaching posts required by the University and to appoint persons to such posts; (viii) to recognize teachers for giving instruction in halls; (ix) to lay down the conditions of affiliation or recognition of colleges and to satisfy itself by periodical inspection and otherwise that those conditions are satisfied ; (x) to institute and award scholarships, fellowships (including travelling fellowship), studentships and prizes in accordance with the Statutes and the Ordinances; (xi) to institute and maintain halls and hostels and to recognize places of residence for students of the University, the Institutes or the constituent or recognized colleges affiliated; or (xii) to demand and receive such fees and other charges as may be fixed by the Ordinances; (xiii) to supervise and control the residence and to regulate the discipline of students of the University, the Institute and the constituent or affiliated or recognized colleges and to make arrangements for promoting their health; (xiv) to publish books, monographs, periodicals and papers in various subjects taught in the University, the Institute and the constituent or affiliated or recognized colleges; (xv) to raise loans; (xvi) to receive grants, subventions, subscriptions, donations, and gifts for the purpose of the University and consistent with the objectives for which the University is established; (xvii) to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the University; (xviii) to create administrative, ministerial and other necessary posts and to make appointments thereto; and (xix) to do all such acts and things, whether incidental to the powers aforesaid or not as may be requisite in order to further the objects of the University 6. The jurisdiction of the University shall extend to the whole of the Jurisdiction State of Uttar Pradesh. 7. (1) The University shall be open to all persons (including the University open to all classes teachers and students) of whatever race, religion, caste, creed, class or sex: i e i (2) The University shall not admit to any course of study a larger number of students than may be determined by the Statutes and Regulations: Provided that nothing in this section shall be deemed to prevent the University from making special provisions for admission of students belonging to the Scheduled Castes, the Scheduled Tribes or Other Backward Classes of citizens. CHAPTER-III INSPECTION AND INQUIRY 86_RPH_vidhaika -21 Adhiniyvam folder _(Bhatkhande )-2022 Data4E (O Scanned with OKEN Scanner 50 IR IS JERIRY TToie, 3 9, 2022 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 constituent college or any Institute 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 colleges or Institute or to cause an inquiry to be made in the like manner in respect of any manner connected with the administration and finances of the University or such college or such Institute. (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: Provided that no legal practitioner shall appear, plead or act on behalf of the University at such inspection or inquiry. (3) The person or persons appointed as per Statutes 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, (Act no. 5 of 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 (Act no. 2 of 1974) and any proceeding before him or them shall be deemed to be judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (Actno. 45 of 1860). (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. (6) If the University authorities do not within a reasonable time, take action to the satisfaction of the State Government, the Government may after considering any explanation which the University authorities may furnish, issue such directions as it may think fit, and the University authorities shall be bound to 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), of every communication received from the Vice-Chancellor under sub-section (5), 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 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) of this section including any report of an inquiry held before the commencement of this Act 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 and subject to the provisions of sub-section (11), exercise and perform all the powers and functions of the Executive Council under this Act. (9) Nothing in section 19 shall apply to the composition of the ad-hoc Executive 86_RPH_vidhaika -21 Adhiniyvam folder _(Bhatkhande )-2022 Data4E (O Scanned with OKEN Scanner IR IS JERIRY TToie, 3 9, 2022 51 Council that may be constituted under sub-section (8). (10) 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. (11) During the period of operation of an order under sub-section (8), the provisions of this Act, shall have effect subject to the following modifications, namely:- (a) in section 19, after sub-section (5), the following sub-section shall be deemed inserted: “(6) A meeting of the Executive Council shall be held at least once every two months:” (b) in section 20, in sub-section (1), after the words “subject to the provisions of this Act”, the words “and subject also to the control of the Chancellor” shall be deemed inserted, (12) A fresh Executive Council shall be constituted in accordance with the provisions of section 19 with effect from the expiration of the period of operation of an order under sub-section (8). (13) Any Statute, Ordinance, Regulation or other rules made during the period of operation of an order under sub-section (8), in accordance with the provisions of this Act, as deemed modified by virtue of the provisions of sub-section (11) shall, notwithstanding the expiration of such period, continue in force until amended, repealed or rescinded in accordance with the provisions of this Act. CHAPTER-IV OFFICERS OF THE UNIVERSITY 9. The following shall be the officers of the University (a) the Chancellor; (b) the Vice-Chancellor; (c) the Registrar; (d) the Finance Officer; (e) the Controller of Examinations; (f) the Deans of the Faculties; (g) the Dean of Students Welfare; (h) such other officers as may be declared by the Statutes to be the officers of the University. 10. (1) The Governor shall be the Chancellor of the University. He shall, by virtue of his office, be the Head of the University. (2) Every proposal for the conferment of an honorary degree shall be subject to the confirmation of the Chancellor. (3) 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. (4) The Chancellor shall have such other powers as may be conferred on him by or under this Act or the Statutes. 11. (I) The Vice-Chancellor shall be whole-time salaried officer of the University and shall be appointed by the Chancellor except as provided by sub-section (5) or sub-section (10) from amongst the persons whose names are submitted to him by the Committee constituted in accordance with the provisions of sub-section (2). 86_RPH_vidhaika -21 Adhiniyvam folder _(Bhatkhande )-2022 Data4E Officers of the University The Chancellor The Vice-Chancellor (O Scanned with OKEN Scanner 52 IR IS JERIRY TToie, 3 9, 2022 (2) The Committee referred to in sub-section (I) shall consist of the following members, namely- (a) one person (not being a person connected with the University, an Institute and a constituent college, a recognized or affiliated college or a hall or hostel, or any authorities of the University) to be nominated by the Executive Council at least three months before the date on which a vacancy in the office of the Vice-Chancellor is due to occur by reason of expiry of his term: Provided that if any member of the Executive Council, including the Vice Chancellor, is an applicant for the post of Vice-Chancellor he shall recuse the said meeting while discussing the agenda point of this issue. (b) one person who is a sitting judge of the High Court of Judicature at Allahabad including the Chief Justice thereof nominated by the said Chief Justice ; and (c) one person to be nominated by the Chancellor who shall also be the convener of the Committee: Provided that where the Executive Council fails to nominate any person in accordance with clause (a), then the Chancellor shall nominate in addition to the person nominated by him under clause (c), one person in lieu of the representative of the Executive Council. (3) The Committee shall, as far as may be, at least ninety 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 and not more than five persons suitable to hold the office of the Vice-Chancellor. The Committee shall while submitting the names, also forward to the Chancellor a concise statement showing the academic qualifications and other distinctions of each of the persons so recommended in English alphabetical order, which shall not indicate any order of preference. (4) Where the Chancellor does not consider any one or more of persons recommended by the Committee to be suitable for appointment as Vice-Chancellor or if one or more of the persons recommended is or are not available for appointment and the choice of the Chancellor is restricted to less than three persons, he may require the Committee to submit a list of fresh names in accordance with sub-section (3). (5) If the Committee in the case referred to in sub-section (3) or sub-section (4) fails or is unable to suggest any names within the time specified by the Chancellor, or if the Chancellor does not consider any one or more of the fresh names recommended by the Committee to be suitable for appointment as Vice-Chancellor then another Committee consisting of three persons of academic eminence shall be constituted by the Chancellor which shall submit the names in accordance with sub-section (3). (6) 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 reason of some person having taken part in the proceedings who is subsequently found not to have been entitled to do so. (7) (a) Only such person shall be eligible for appointment to the office of Vice Chancellor who has not attained the age of sixty-five vears; (b) The Vice-Chancellor shall hold the office for a term of three years from the date he enters upon his office or till he attains the age of sixty eight years whichever is earlier; (c) The Vice-Chancellor who has not attained the age of sixty-five years may be appointed as such for second term: 86_RPH_vidhaika -21 Adhiniyvam folder _(Bhatkhande )-2022 Data4E (O Scanned with OKEN Scanner IR IS JERIRY TToie, 3 9, 2022 53 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. (8) Subject to the provisions of this Act, the emoluments and other conditions of service of the Vice-Chancellor shall be such as may be determined by the Statutes. (9) The Vice-Chancellor shall not be entitled to the benefit of any pension, insurance or provident fund constituted under section 32: Provided that when any teacher or other employee of any University or any affiliated or recognized college is appointed as Vice-Chancellor, he shall be allowed to continue to contribute to the provident fund to which he is a subscriber and the contribution of the University shall be limited to what it had been contributing immediately before his appointment as Vice-Chancellor. (10) In any of the following circumstances (of the existence of which the Chancellor shall be the sole judge), the Chancellor may appoint any suitable person to the office of Vice-Chancellor for a term not exceeding six months as he may specify:- (a) where a vacancy in the office of Vice-Chancellor occurs or is likely to occur by reason of leave or any other cause, not being resignation or expiry of term on which a report is forthwith made by the Registrar to the Chancellor ; (b) where a vacancy in the office of Vice-Chancellor occurs and it cannot be conveniently and expeditiously filled in accordance with the provisions of sub-sections (1) to (5); (c) any other emergency : Provided that the Chancellor may from time to time, extend the term of appointment of any person to the office of Vice-Chancellor under this sub-section, so however, that the total term of such appointment including the term fixed in the original order does not exceed one year. (11) Until a Vice-Chancellor appointed under sub-section (1) or sub-section (5) or sub-section (10) assumes office, the Pro-Vice-Chancellor, if any, or the senior-most Professor of the University shall discharge the duties of the Vice-Chancellor as well (12) If in the opinion of the Chancellor, the Vice-Chancellor wilfully omits or refuses to carry out the provisions of this Act or abuses the powers vested in him, or if it otherwise appears to the Chancellor that the continuance of the Vice-Chancellor in office is detrimental to the interest of the University, the Chancellor may, after making such inquiry as he deems proper, by order, remove the Vice-Chancellor. (13) During the pendency or in contemplation, of any inquiry referred to in sub-section (12), the Chancellor may order that till further orders:- (a) such Vice-Chancellor shall refrain from performing the functions of the office of Vice-Chancellor but shall continue to get the salary and University residence. (b) the functions of the office of the Vice-Chancellor shall be performed by the person specified in the order. 12. (1) The Vice-Chancellor shall be the principal executive and academic Powersand officer of the University and shall:- Funtions of the Vice-Chanctllor (a) exercise general supervision and control over the affairs of the University including the constituent colleges and the Institutes maintained by the University and its affiliated and recognized colleges; (b) give effect to the decisions of the authorities of the University (c) in the absence of the Chancellor, preside over any convocation of the University; (d) be responsible for the maintenance of discipline in the University; 86_RPH_vidhaika -21 Adhiniyam folder _(Bhatkhande )-2022 Data-4E (O Scanned with OKEN Scanner 54 IR YU JWERY TG, 3 I, 2022 (e) be responsible for holding and conducting the University examinations properly and at due times and for ensuring that the results of such examinations are published expeditiously and that the academic session of the University starts and ends on proper dates. (2) He shall be an ex-officio member and Chairman of the Executive Council, Academic Council and the Finance Committee. (3) He shall have the right to speak in and otherwise to take part in the meeting of any other authority or body of the University but shall not by virtue of this sub-section be entitled to vote. (4) It shall be the duty of the Vice-Chancellor to ensure the faithful observance of the provisions of this Act, the Statutes and the Regulation and he shall, without prejudice to the powers of the Chancellor [under sections 10 and 68] 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 Executive Council, the Academic Council and the Finance Committee: Provided that he may delegate this power to any other officer of the University. (6) Where any matter (other than the appointment of teacher of the University) is of urgent nature requiring immediate action and the same could not be immediately dealt with by any officer or the authority or other body of the University empowered by or under this Act to deal with it, the Vice-Chancellor may take such action as he may deem fit and shall forthwith report the action taken by him to the Chancellor and also to the officer, authority, or other body who or which in the ordinary course would have dealt with such matter: Provided that no such action shall be taken by the Vice-Chancellor without the previous approval of the Chancellor if it would involve a deviation from the provisions of the Statutes or the Ordinances: Provided further that if the officers, authority or other body is of the opinion that such action ought not to have been taken, it may refer the matter to the Chancellor who may either confirm the action taken by the Vice-Chancellor or annul the same or modify it in such manner, as he thinks fit and thereupon, it shall cease to have effect or, as the case may be, take effect in the modified form, so however, that such annulment or modification shall be without prejudice to the validity of anything previously done by or under the order of the Vice-Chancellor: Provided also that any person in the service of University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section, shall have the right to appeal against such action to the Executive Council within three months from 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 authorised and provided for in the budget. (8) Where the exercise of the power by the Vice-Chancellor under sub-section (6) involves the appointment of an officer such appointment shall terminate an appointment being made in the prescribed manner or on the expiration of a period of six months from the date of the order of the Vice-Chancellor, whichever is earlier. (9) The Vice-Chancellor shall exercise such other powers as may be laid down by the Statutes and the Ordinances. Pro-Vice- 13. (1) The senior-most professor of the University shall be appointed as Chancellor Pro-Vice-Chancellor by the Vice Chancellor with prior approval of the Chancellor : Provided that if any enquiry is pending against senior most professor or he is punished for any financial, administrative or moral misconduct the next senior most Professor will be considered for the post of Pro Vice-Chancellor having no such disabilities. 86_RPH_vidhaika -21 Adhiniyvam folder _(Bhatkhande )-2022 Data4E (O Scanned with OKEN Scanner IR IS JERIRY TToie, 3 9, 2022 35 (2) 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 in the absence of the Vice Chancellor preside over the meetings of the University. He shall not be entitled for any other emoluments than his entitlement as professor for the post of Pro Vice Chancellor. (3) The Pro-Vice-Chancellor shall have such other powers as may be conferred upon him by or under this Act or the Statutes. 14. (1) The Registrar shall be a whole-time officer of the University. (2) The Registrar shall be appointed by the State Government from amongst the senior-most administrative officers of the State or Registrar, Deputy Registrar and Assistant Registrar, separate service cadre created by rules made in this regard by notification in official Gazette by the State Government. He may be appointed in accordance with, and his conditions of service may be governed by such rules. (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, the Academic Council and the Admissions Committee and of every Selection Committee for appointment of teachers of the University and shall be bound to place before these authorities all such information as may be necessary for transaction of their business. He shall also perform such other duties required, as may be prescribed by the Statutes and Ordinances, 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 works in the University save such as may be provided for by rules made under sub-section (2) (6) While 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. 15. (1) There shall be a Finance Officer for the University, who shall be appointed by the State Government and his remuneration and allowances shall be paid by the University. (2) The Finance Officer shall be responsible for presenting the budget (annual estimates) and the Statement of Accounts to the Executive Council and also for drawing and disbursing funds on behalf of the University. (3) He 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. (4) The Finance Officer shall have the duty- (a) to ensure that no expenditure, not authorised 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. (e) to ensure that internal audit is conducted atleast twice in a financial year, and shall take all corrective measures and actions subject to the provisions of this Act as required by the such audit report. 86_RPH_vidhaika -21 Adhiniyvam folder _(Bhatkhande )-2022 Data4E The Registrar The Finance Officer (O Scanned with OKEN Scanner 56 IR IS JERIRY TToie, 3 9, 2022 The Controller of Examination Other Officers Authorities of the University Constitution of the Executive Council (5) 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. (6) All contracts shall be entered into and signed by the Finance Officer on behalf of the University. (7) Other powers and functions of the Finance Officer shall be such as may be prescribed. 16. (1) The Controller of Examinations shall be a whole-time officer of the University. (2) The Controller of Examinations shall be appointed by the State Government and his remuneration and allowances shall be paid by the University. (3) The Controller of Examinations shall be responsible for the due custody of the records pertaining to his work. He shall be ex officio Secretary of the Examinations Committee of the University and shall be bound to place before such Committee all such information as may be necessary for transaction of its business. He shall also perform such other duties as may be prescribed by the Statutes and Ordinances, as 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. He may require, from any office or institute of the University, the production of such return or the furnishing of such information as may be necessary for the discharge or his duties. (4) The Controller of Examination shall have administrative control over the employees working under him. (5) Subject to the superintendence of the Examination Committee, the Controller of Examination shall conduct the examination and make all other arrangements therefor and be responsible for the due execution of all processes connected therewith. (6) The Controller of Examinations shall not be offered nor shall he accept any remuneration for any work in the University, except in accordance with the order of the State Government. (7) While the Controller 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
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