LexThe UTTAR PRADESH RAJARSHI TANDON OPEN UNIVERSITY ACT, 1999
Uttarakhand · state statute
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THE UTTAR PRADESH RAJARSHI TANDON OPEN UNIVERSITY ACT, 1999
[U.P. Act No. 10 of 1999]
[As passed by the Uttar Pradesh Legislature]
AN
ACT
to provide for the establishment of an Open University in Uttar Pradesh for the
introduction and promotion of distanc e 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 o f any
two or more of such means;
(e) "Finance committee" means the Finance Committee of the University;
(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 O ther 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” means respectively, the
Statutes, Ordinances and Regulations of the University;
(k) "student" means a student of the University, and i ncludes any person who
has enrolled himself for pursuing any course of study of the University;
(1) "study centre" means a centre established, maintained or recognised by the
University for the purpose of advising, c ounseling or for rendering any o ther
assistance required by the students;
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[The U. P. Rajarshi Tandon Open University Act, 1999] [Section 3-5]
(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 incor po-
ration of the
University
3- (1) There shall be established a University by the name of the Uttar Pradesh
Rajarshi Tandon Open University.
(2) The head quarters of the University shall be at Allahabad and it may
establish for maintain colleges or study centers 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 corpora te 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 organizing 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 fur 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;
(ii) to plan and prescribe courses of study for degrees, diplomas, certificates
or for any other purpose;
(iii) to ho ld examinations and confe r degrees, diplomas, certificates or other
academic distinction or r ecognitions 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 were done by the students, and to appoint
persons to such professo rships, readerships, lectureships and other academic
positions;
(vii) to co -operate with, and seek the co -operation of other univers ities and
institutions of highe r learning, professional bodies and, organizations for such
purposes as the University considers necessary;
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[The U. P. Rajarshi Tandon Open University Act, 1999] [Section 5]
(viii) to institute and award fellowships, scholarships, prizes and such other
awards for recognition of merit as the University may deem fit;
(ix) to establish and maintain such regional centers as may be determined by the
University from time to time;
(x) to establish, maintain or recognize Study Centers in the manner prescribed;
(xi) to provide for the p reparation of instructional materials, including films,
cassettes tapes, video cassettes and other softwares;
(xii) to organise and conduct refresher courses, workshops, seminars and other
programmes for teachers, lesson writers, evaluators and other academic staff;
(xiii) to recognise 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 re cognition
at any times;
(xiv) to make provision for research and development in educational technology
and related matters;
(xv) to create administrative m inisterial and other necessary p osts and to make
appointments thereto;
(xvi) to receive benefactio ns donations and gifts and to acquire, hold, maintain
and dispose of any property movable or immovable, including trust and Government
property, for the purposes of the University;
(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 ocher c harges 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 recognise any institution of higher learning or studies for such purposes as
the University may determine and to withdraw such recognition;
(xxii) to appoint either o n 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;
(xxiii) to recognise persons working in other Universities, Institutions or
organisations as teachers of the University on such terms and conditions as may be
laid down by the Ordinances;
(xxiv) to specify conditions for the admission of students to courses of study of
the University which may include examination, evaluation an d any o ther method of
testing:
(xxv) to make arrangements for the promotion of the general health and welfare
of the employees;
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[The U. P. Rajarshi Tandon Open University Act, 1999] [Section 6-8]
(xxvi) to confer autonomous status on a college or a regional ce ntre in the
manner prescribed;
(xxvii) t o admit to its privileges any college in the State subject to such
conditions as may be prescribed:
Provided that no college shall be to admitted except with the p rior approval of
the Chancellor;
(xxviii) to do all such acts as may be necessary or inciden tal to the exercise of
all or any of the powers of the University as are necessary and conducive 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 t he time being in
force, the University shall in the exercise of its powers have 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 to adopt or impose on any
person any test whatsoever of 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 a student in the University or to graduate there, at, or to enjoy or
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 wom en or of
persons belonging to the Scheduled Castes or Scheduled Tribes or Other Backward
Classes.
CHAPTER-III
Inspection and Inquiry
Visitation 8- (1) The S tate Government shall have the r ight to cause an inspection to be
made, by such person or perso ns as it may direct, of the University or any college
or study centre maintained by the University including its buildings, libraries,
laboratories, workshops and equipments and also of the examinations, teaching and
other work conducted or done by the Uni versity 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 centers.
(2) Where the State Government decides t o 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 Uni versity and he shall have
the right to be heard as such:
Provided that no legal practitioner s hall appear, plead or action be half of the
University at such inspection or inquiry.
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[The U. P. Rajarshi Tandon Open University Act, 1999] [Section 9]
(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 India n Penal Code.
(4) The State Government shall address the V ice-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 su ch 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 authorities of the University do not within a reasonable time, take action
to the satisfaction of the State Governme nt, the State Government may, after
considering any explanation which such authorities may furnish, issue such
directions as it may think fit, and the authorities of the Universities shall comply
with such the directions.
(7) The State Government shall sen d to the Chancellor a copy of every report
of an inspection or inqui ry 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 o f 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 ) 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 sub mitting 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 t hereby, 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 Registrar;
(f) the Finance Officer;
212
[The U. P. Rajarshi Tandon Open University Act, 1999] [Section 10-11]
(g) the Examination Controller, and
(h) such other Officers as may be declared by the Statutes to be officers of
the University.
The
Chancellor
10- (1) The Governor shall be the Chancellor of the University. He shall by virtue
of his office, be the Head of the University and shall when present, preside at any
convocation of the University.
(2) Every proposal 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 fu rnish 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.
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 decision, 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 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 serv ice 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 wi thin ninety
days from the date o n which such action is communicated to hi m and thereupon
the Executive Council may confirm, modify or reverse the action t aken 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 autho rity conferred by the provisi ons of this
Act, Statutes or Ordinances or that any decision taken i s 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 eith er 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 auth ority or the
Chancellor as the case may be, under this sub-section.
(5) The Vice -Chancellor shall exercise such other powers and perform such
other functions as may be prescribed by the Statutes and the Ordinances.
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[The U. P. Rajarshi Tandon Open University Act, 1999] [Section 12-18]
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 Director 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 Stale 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) 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 reaso n, 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 or 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;
(f) the Finance Committee;
(g) the Examination Committee; and
(h) Such other authorities as ma y be declared by the Statutes to be
authorities of the University.
214
[The U. P. Rajarshi Tandon Open University Act, 1999] [Section 19-26]
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 pro visions of this Act, the Statutes and
Ordinances, have the control and general regulation of, and be responsib le for the
maintenance of standar d of learning, education, instruction, ev aluation and
examination within the University an d 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 office 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 office 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 Schools of
studies
23- (1) There shall be such numbe r of schools of Studies as the U niversity may
determine from time to time.
(2) The constitution, powers and functions of t he 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 or the other authorities which may be
declared by the Statutes to be authorities of the University shall be such as m ay be
prescribed.
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 appointmen t 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;
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[The U. P. Rajarshi Tandon Open University Act, 1999] [Section 27]
(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 dispu tes 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
Statute affecting the status, powers o r constitution of any 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 Statute or addition to a statute or any amendment or repeal of
statute shall be submitted to the Chancello r, who may assent to it or with hold his
assent thereon or remit it to the Executive Council for further consideration.
(4) A new Statute or a stat ute 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.
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[The U. P. Rajarshi Tandon Open University Act, 1999] [Section 28-31]
(6) Notwithstan ding 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 wit hin sixty days of its receipt, the State
Government may, with the assent of the C hancellor, after considering th e 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, awards 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 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 o f 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 o n or
before such date as may be prescribed.
(3) A copy of the annual report, prepared under sub -section (1) shall a lso be
submitted to the State Government.
Account and
Audit
31- (1) The annual a ccounts 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 rep ort thereon shall be submitted to the State Government alongwith the
observations, if any, of the Executive Council before the thirtieth of Septembers
every year.
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[The U. P. Rajarshi Tandon Open University Act, 1999] [Section 32-36]
(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 th e 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 or 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 inconsi stent with the provisions of this Act, the Statutes and
the Ordinances.
(2) The contract referred to in sub -section (1) shall 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 decl are that the provisions of the P rovident Funds Act, 1925
shall apply to such funds, as if it were a Government Provident Fund.
CHAPTER-IX
Miscellaneous
Disputes as to
the C onsti-
tution 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.
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[The U. P. Rajarshi Tandon Open University Act, 1999] [Section 37-42]
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 soo n 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
casual 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, invalidate 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 fai th done or intended to be done i n
pursuance of any of the provisions of this Act or the Statutes or the Ordinances.
Staff of the
University
40- (1) The University shall appoint such number of emplo yees including
academic staff a s may be sanctioned by the State Government from time to time.
The terms and condit ions 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 c onsistent with
the provisions of this Act at appears to it to be necessary of expedient for removing
the difficulty.
(2) No order under sub -section (1) shall be mad e 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 Gove rnment 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 E xecutive Council shall consist of not more than fifteen
members who shall be nominated by the Chancellor and they shall hold 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;
219
[The U. P. Rajarshi Tandon Open University Act, 1999] [Section 43-44]
(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
43- (1) Every Statutes, O rdinance or Regulation made under this Act shall be
published in the Gazette.
(2) First Statutes, Ordinances or Regulations made under this Act, shall, as soon
as may be after it is made, be l aid 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 Act, 1904 shall apply as they apply in respect of
rules made by the State Government under any Uttar Pradesh Act.
Repeal and
Saving
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 i n 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.
220
[The U. P. Rajarshi Tandon Open University Act, 1999] [Schedule]
THE SCHEDULE
(See Section 4)
THE OBJECTS OF THE UNIVERSITY
1. The University shall, endea vor through education, research, training and extension to
play a positive role in the development of the State, and, based on the rich heritage o f
the St ate 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 courses 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 f or large segments of the population, and in
particular, the disadvantaged groups such as those living in remote and rural areas
including working people, house wives 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 endca vours;
(d) provide an innovative system of University level education, flexible and ope n,
in regard to methods and pace of learning comb ination 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 sy stem 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;
(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 i ntegration and the integrated development of the human
personality through its policies and programmes.
2. The University shall strive t o 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 edu cational technology to offer a high quality of education which
matches contemporary needs.
221
mÙkj izns'k jktf"kZ V.Mu eqDr fo'ofo|ky; vf/kfu;e] 1999
¿mÙkj izns'k vf/kfu;e la[;k 10 lu~ 1999À
¼tSlk mÙkj izns'k fo/kku e.My }kjk ikfjr gqvk½
mÙkj izns'k esa nwj f'k{kk i)fr ds izkjEHk vkSj la o/kZu ds fy, eqDr fo'ofo|ky; dh
LFkkiuk vkSj mlls lEcfU/kr ;k vkuq"kafxd fo"k;ksa dh O;oLFkk djus ds fy,
vf/kfu;e
Hkkjr x.kjkT; ds ipklosa o"kZ esa fuEufyf[kr vf/kfu;e cuk;k tkrk gS %&
v/;k; & ,d
izkjfEHkd
1&& ¼1½ ;g vf/kfu;e mÙkj izns'k jktf’kZ V.Mu eqDr fo”ofo|ky; vf/kfu;e] 1999 dgk
tk;xkA
¼2½ ;g ,sls fnuka d dks izo`Ùk gksxk] ftls jkT; ljdkj] vf/k lwpuk }kjk] bl fufeÙk
fu;r djsaA
Lkaf{kIr uke] foLrkj vkSj
izkjEHk
2&& bl vf/kfu;e esa] & ifjHkk"kk,a
¼d½ Þfo|k ifj"kn~ß vkSj Þdk;Z ifj"kn~ß dk rkRi;Z fo'ofo|ky; dh Øe'k% fo|k ifj"kn~ vkSj
dk;Z ifj"kn~ ls gS(
¼[k½ ÞekU;rk cksMZß dk rkRi;Z fo'ofo|ky; ds ekU;rk cksMZ ls gS(
¼x½ Þegkfo|ky;ß dk rkRi;Z fo'ofo|ky; }kjk LFkkfir ;k vuqjf{kr ;k ,sls fo'ofo|ky;
ds fo'ks"kkf/kdkj izkIr egkfo|ky; ;k vU; 'kS{kf.kd laLFkk ls gS(
¼?k½ Þnwj f'k{kk i)frß dk rkRi;Z lapkj ds fdlh ek/;e ls] ;Fkk izlkj.k] nwj&n`"; izlkj .k]
i=kpkj ikB~;Øe] lsfeukj] lEidZ dk;ZØe vFkok ,sls f dlh nks ;k vf/kd lk/kuksa ds la; kstu }kjk
f'k{kk nsus dh iz.kkyh ls gS(
¼³½ ßfoÙk lfefrÞ dk rkRi;Z fo'ofo|ky; dh foÙk lfefr ls gS(
¼p½ ÞvU; fiNM+s oxksZaß dk rkRi;Z le;≤ ij ;Fkkla'kksf/kr m Ùkj izns'k yksd lsok
¼vuqlwfpr tkfr;ksa] vuqlwfpr tutkfr;ksa vkSj vU; fiNM+s oxksZa ds fy, vkj{k.k½ vf/kfu;e] 1994 dh
vuqlwph ,d esa fofufnZ"V ukxfjdksa ds fiNMs+ oxksZa ls gS(
¼N½ Þ;kstuk cksMZß dk rkRi;Z fo'ofo|ky; ds ;kstuk cksMZ ls gS(
¼t½ Þfofgrß dk rkRi;Z ifjfu;eksa }kjk fofgr ls gS(
¼>½ Þfo|ky;ß dk rkRi;Z fo'ofo|ky; ds v/;;u dsUnz ls gS(
¼¥½ Þifjfu;eksaß] Þv/;kns'kksaß vkSj Þfofu;eksaÞ dk rkRi;Z fo'ofo|ky; ds Øe'k% ifjfu;eksa]
v/;kns'kksa vkSj fofu;eksa ls gS(
¼V½ Þfo|kFkhZß dk rkRi;Z fo'ofo|ky; ds fo|kFkhZ ls gS vkSj blds vUrxZr ,slk dksbZ O;fDr
Hkh gS] ftlus fo'ofo|ky; ds fdlh ikB~;Øe esa v/;;u gsrq viuk ukekadu djk;k gS(
¼B½ Þv/;;u dsUnzß dk rkRi;Z fo|kfFkZ;ksa dks lykg nsus] ijke'kZ nsus ;k muds }kjk visf{kr
vU; lgk;rk nsus ds iz;kstu ls fo'ofo|ky; }kjk LFkkfir vuqjf{kr ;k ekU;rk izkIr dsUnz ls gS(
222
¿m0iz0 jktf’kZ V.Mu eqDr fo”ofo|ky; vf/kfu;e] 1999À ¿/kkjk 3&5À
¼M½ Þv/;kidß dk rkRi;Z fdlh ,sls O;fDr ls gS ] tks fo'ofo|ky; ds fdlh ikB~;Øe esa
v/;;u ds fy, fo|kfFkZ;ksa d k ekxZn'kZu djus ;k mldh lgk;rk djus ds fy, fo'ofo|ky; esa
f'k{k.k nsus ds fy, fu;ksftr gks vkSj blds vUrxZr egkfo|ky; ds izkpk;Z ;k funs'kd Hkh gS(
¼<½ Þfo'ofo|ky;ß dk rkRi;Z /kkjk 3 ds v/khu LFkkfir m Ùkj izns'k jktf"kZ V.Mu eqDr
fo'ofo|ky; ls gSA
v/;k; & nks
fo'ofo|ky; ,oa mlds mn~ns';
3&& ¼1½ mÙkj izns'k jktf"kZ V.Mu eqDr fo'ofo|ky; ds uke ls ,d fo'ofo|ky; dh
LFkkiuk dh tk;sxhA
¼2½ fo'ofo|ky; dk eq[;ky; bykgkckn esa gksxk rFkk og jkT; esa ,sls vU; LFkkuksa ij]
ftUgsa og mfpr le>sa] egkfo|ky; ;k v/;;u dsUnz LFkkfir ;k vuqjf{kr dj ldsxkA
¼3½ dqykf/kifr] dqyifr rFkk dk;Zifj"kn~ ,oa fo|k ifj"kn~ ds lnL;ksa dh gSfl;r ls
fo'ofo|ky; esa rRle; in/kkjd] m Ùkj izns'k jktf"kZ V.Mu eqDr fo'ofo|ky; ds uke ls ,d
fuxfer fudk; dk xBu djsaxsA
fo'ofo|ky; dk LFkkiu
,oa fuxeu
4&& fo'ofo|ky; nwj f'k{kk i)fr ds ek/;e ls vfrla[;k tuleqnk; esa fo|k vkSj Kku ds
izlkj esa vfHko`f) djsxk vkSj vius fØ;kdykiksa dh lapkfyr djus esa vuqlwph esa fofufnZ"V mn~~ns';ksa
dk lE;d~ /;ku j[ksxkA
fo'ofo|ky; ds mn~ns';
5&& fo'ofo|ky; dh 'kfDr;ka fuEufyf[kr gksaxh] vFkkZr~ %& fo'ofo|ky; dh 'kfDr;ka
¼,d½ Kku] izkS|ksfxdh] o`f Ùk;ksa ,oa O;olk;ksa d h ,slh 'kk[kkvksa esa tSlh fo'ofo|ky; }kjk
le;≤ ij fu/kkZfjr dh tk;] f'k{k.k gsrq O;oLFkk djuk rFkk vuqla/kku dk O;oLFkkiu djuk(
¼nks½ mikf/k;ksa] mikf/k&i=ksa] izek.k&i=ksa vFkok fdlh vU; iz;kstu gsrq f'k{k.k ikB~;Øekasa dks
;ksftr ,oa fofgr djuk(
¼rhu½ ifjfu;eksa ,oa v/;kns'kksa }kjk vf/kdfFkr jhfr ds vuqlkj] ijh{kkvksa dk vk;kstu
djuk rFkk ,sls O;fDr;ksa dks] ftUgksaus fdlh f'k{k.k ikB~;Øe dk v/;;u fd;k gS ;k vuqla/kku fd;k
gS] mikf/k;ksa] mikf/k&i=ksa vFkok vU; 'kS{kf.kd fof'k"Vrk,a ;k ekU;rk,a aiznku djuk(
¼pkj½ fofgr jhfr ds vuqlkj] ekun mikf/k;ka vFkok vU; fof'k"Vrk;sa iznku djuk(
¼ikap½ fo'ofo|ky; ds 'kS{kf.kd dk;ZØeksa ds lEcU/k esa nwj f'k{kk dk vk;kstu djus dh
jhfr dk fu/kkZj.k djuk(
¼N%½ f'k{k.k nsus ds fy, ;k 'kS{kf.kd lkexzh rS;kj djus ds fy, ;k ,sls vU; 'kS{kf.kd
fØ;kdykiksa dk lapkyu djus ds fy, ftuds vUrxZr ikB~;Øeksa ds fy, ekxZn'kZu] mudh :ijs[kk
rS;kj djuk vkSj mudk izLrqr hdj.k Hkh gS ( vkSj Nk=ksa }kjk fd;s x;s dk;Z ds ewY;ka du ds fy,
vkpk;Z] mikpk;Z] izk/;kid ls lacaf/kr in vkSj vU; 'kS{kf.kd in lafLFkr djuk vkSj ,sls vkpk;Z]
mikpk;Z] izk/;kid vkSj vU; 'kS{kf.kd inksa ij O;fDr;ksa dks fu;qDr djuk(
¼lkr½ vU; fo'ofo|ky;ksa] mPp f'k{kk laLFkkvksa] o`f Ùkd fudk;ksa vkSj laxBuksa ds lkFk ,sls
iz;kstuksa ds fy,] tks fo'ofo|ky; vko';d le>s] lg;ksx djuk vkSj mudk lg;ksx izkIr djuk(
223
¿m0iz0 jktf’kZ V.Mu eqDr fo”ofo|ky; vf/kfu;e] 1999À ¿/kkjk 5À
¼vkB½ v/;srk o`fÙk] Nk=o`fÙk] iqjLdkj vkSj ;ksX;rk dh ekU;rk ds fy, ,sls vU; ifjrksf"kd
lafLFkr djuk vkSj nsuk] tks fo'ofo|ky; Bhd le>s(
¼ukS½ ,sls {ks=h; dsUnz LFkkfir djuk vkSj cuk;s j[kuk tks fo'ofo|ky; }kjk le;≤
ij vo/kkfjr fd;s tk;a(
¼nl½ fofgr jhfr ls v/;;u dsUnz LFkkfir djuk] mUgsa cuk;s j[kuk ;k ekU;rk nsuk(
¼X;kjg½ f'k{kk lkexzh] ftlds vUr xZr fQYesa] dSlsV] Vsi] ohfM;ks dSlsV vkSj vU; e`nq
lkexzh gS] rS;kj djus ds fy, O;oLFkk djuk(
¼ckjg½ v/;kidksa] ikB~;ys[kdksa] ewY;kaddksa vkSj vU; 'kS{kf.kd deZpkfjo`Un ds fy, iqu'p;kZ
ikB~;Øe] deZ'kkyk;sa] fopkj xksf"B;ka vkSj vU; dk;ZØe vk;ksftr djuk vkSj mudk lapkyu djuk(
¼rsjg½ vU; fo'ofo|ky;ksa] laLFkkvksa ;k mPprj f'k{kk ds vU; LFkkuksa esa ijh{kkvksa ;k
v/;;u dh vof/k;ksa dks] pkgs iw.kZr% ;k vkx rExcerpt shown. Open the full act in Lexace.