LexThe ROORKEE UNIVERSITY ACT 1947
Uttarakhand · state statute
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THE ROORKEE UNIVERSITY ACT 19471
[U. P. ACT No. IX OF 1948]
As AMENDED BY U. P. ACT No. XII OF I949
Adapted and modified by the Adaptation of Laws
Order, 1950
[Passed by the United Province s Legislative Assembly on November 7, 1947 and by
the United Provinces Legislative Council on December 2, 1947.
Received the assent of the Governor on F ebruary 7, 1948, under section 75 of the,
Government of India Act, 1935 as adapted by the India (Provisional Constitution ) Order, 1947
and was published in the United Provinces Government Gazette of February 28, 1948.]
AN
ACT
to establish and incorporate a teaching and residential University at Roorkee
WHEREAS it is expedient to provide for the teaching o f all branches of Engineering at
the Thomson College of Engineering at Roorkee and incorporate it into a unitary, teaching arid
residential University;
It IS hereby enacted as follows:
Short title and
commencement
1- (1) This Act may be called the Roorkee University Act, 1947.
(2) It shall come into force on such d ates3 as the [State Government]2 may by
notification in the official, Gazette, appoint in this behalf.
[Definitions 2- In this Act :--
(a) “Academic Council” means the Academic Council of the University;
(b) “Academic Department” means a teaching Department of the
University in which instructions are imparted leading to Bachelor’s or Post
Graduate Degree or Diploma;
(c) “Academic Centre’ means a School, a Centre, a Labor atory, an
Institute or the like established by the University , in which research, teaching
or training is carried out but which is not covered under clause (b);
(d) “Board o f Studies” means the Board of Studies of an Academic
Department or an Academic Centre constituted in accordance with the
regulations;
(e) “Dean” means a Dean appointed in accordance with the regulations;
1. For SOR see Utter Pradesh Gazette, Extraordinary, dated August 23, 1947 Part. VII. pro
61-63.
2. Subs. by A. O. 1950 for (Provincial Government).
3. The Act came into force on March 1, 1948 vide notification no. 310· TC/XXIII-21.TC/46,
dated February 27, 1948 in Gazette, dated March 6, 1948, Part I. P. 160.
291
[The Rorkee University Act, 1947] [Section 3-4]
(f) “Director or Co -ordinator” means the Director or Coordinator of an
Academic Centre appointed as such in accordance with the regulations;
(g) “Finance Committee” means the Finance Committee of the
University;
(h) “Head of the Academic Department” means the Head of an Academic
Department appointed in accordance with the regulations;
(i) “Hostel” means a unit of residence for the students of the University
maintained or recognized by the University
(j) “Registered Graduate” means a graduate registered according to rules
framed by the Syndicate under section 20;
(k) “Regulations” me ans a regulations framed by the Syndicate under
section 21;
(l) “Rule” means a rule framed by the Syndicate under section 20;
(m) “Teacher” means a Professor, Associate Professor, Assistant
Professor, Reader, Lecturer or any other person impairing instruction in the
University;
(n) “University” means the Roorkee University establishe d under this
Act.]1
The University 3- [(1) The Chancellor, the Vice-Chancellor, the Pro-Vice-Chancellor, if any,
and the members of the Senate, the Syndicate , the Academic Council and the
Finance Committee, for the time being holding office as such in t he University
shall constitute a body corporate by the name of the University of Roorkee.]2
(2) The University shall have perpetual succession and a common seal and
shall sue and be sued by the said name.
Powers of the
University
4- The University shall have the following powers; namely :--
(1) to provide for instruct ion in such branches of Engi neering and allied
subjects as the University may think fit and to make provision for resear ch
and for the advancement and d issemination of knowledge in th e afo resaid
subjects;
(2) to hold examinations and to grant degrees to and confer other
academic distinctions on persons who--
[(a) have pursued a course of study in the Universi ty or partly in the
University and partly in any institution approved in that b ehalf by the
University; or
(aa) have carried on research in the University or in any institution
approved in that behalf by the University; or]3
1. Substituted by section 2 of U.P. Act No. 10 of 1998.
2. Subs. by section 3 ibid.
3. Subs. by section 4 (i) ibid.
292
[The Rorkee University Act, 1947] [Section 5-6]
(b) are teachers in educatio nal institutions under condi tions
prescribed in the regu lations and shall have passed the examinations of
the University under like conditions ;
(3) to confer hono rary degrees or other distinctions on approved persons
in the manner prescribed in the regulations ;
(4) to provide such lectures a nd instruction for, and to grant such
diplomas to persons not being members of the University as the University
may determine;
(5) to co -operate with other Universities, authorities and institutions in
such manner as maybe necessary to advance the objects of the University;
(6) to institute [Professorships, Associate Professorships, Assistant
Professorships]1 readerships, lec turerships and other teaching posts required
by the University and to appoint persons to such posts ;
(7) to institute. fellowships arid scholarships, organize exhibitions and
award medals and prizes in accordance with the rules and regulations ;
(8) to maintain hostels and recognize hostels not maintained by the
University, provided that no hostel shall be so recognized for five years from
the date this Act comes into force ;
(9) to demand and receive such fees as may be p rescribed by the
regulations;
(10) to supervise and control the residence and discipline of the students
of the Univer sity and to make arrangements for promoting their he alth and
general welfare; and
(11) to do all such other acts and things whether incidental to the powers
aforesaid o r not, as may be requisite in order to advance the objects of the
University as a teaching and examining body, and to promo te Engineering
and allied subjects;
[Provided that the University shall not transfer any immovable property
by way of sale, gift, mor tgage or lease for a period exceeding thirty years,
without the previous approval of the State Government.]2
University
open to all
classes, castes
and creeds
5- The University shall be open to all persons of either sex and of whatever race,
creed or class and it shall not be lawful for University to impose on any person any
restrictions of religious belief or professions in order to entit le him to be admitted
thereto as a teacher or student or to hold any office therein or to enjoy or exercise
any pri vilege thereof excep t where such restriction is a condition of any
benefaction accepted by the University.
Teaching of
the University
6- (1) All recognized teaching in connection with the University courses shall be
conducted by the University as prescribed by the regulations.
-------------------------------------------------------------------------------------------------
1. Insertion by section 4 (ii) of U.P. Act No. 10 of 1998.
2. Added by section 4 (iii) ibid.
293
[The Rorkee University Act, 1947] [Section 7-7A]
(2) The courses and curricula shall be prescribed by the regulations.
(3) It shall not be lawful for the University to conduct courses or main tain
classes for the purpose of preparing students for admission to the University.
Inspection and
enquiry
7- (1) The [State Government] 1 shall have the right to cause an inspection to be
made by such person, as it may direct, of the University, its buildings, laboratories,
workshops and equipment, and also of the examination, te aching and other work
conducted or done by the University, and to c ause an inquiry to be made in like
manner in respect of any matter c onnected with the Uni versity. The [State
Government]1 shall in every case give notice to the University of its inten tion to
cause an inspection or inquiry to be made.
(2) The [ State Government] 1 shall communicate to the Senate and the
Syndicate its views on the r esults of any such inspection or inquiry, and shall after
ascertaining the opinion of the Senate and the Syndicat e thereon, issue such
direction to the University as may be necessary.
(3) The Syndicate shall report to the [State Government] 1 the action, if any,
which is proposed to be taken or has been taken upon the direction issued by the
[State Government]1 under sub-section (2).
The report shall be submitted within such times as may be directed by the
[State Government]l through the Senate which may express its opinion thereon.
(4) If it appe ars to the [State Government] 1 that the University has made
default in performing a d uty imposed on it by or under this Act or has failed to
carry out any direction issued under sub section (2) the [State G overnment]1 may,
in exceptional circumstances appoint an officer to perform such duty or car ry out
such direction at the expense of the University.
[Review
Committee of
the University
7-A (1) There shall be a Review Committee of the University to review the over
all performance of the University.
(2) The Committee referred to in sub -section (1) shall consist of nine
members to be nominated by the Chancellor from amongst the persons who have
excelled in the field of engineering, technology or science.
(3) The member of the Review Committee shall hold office at the pleasure of
the Chancellor and shall get such facilities and honorarium as may be prescribed
by the Rules.
(4) Subject to sub -section (1), the Committee referred to therein shall at the
end of every three years from the date of commencement of the Uttar Pradesh
Roorkee University (Amendment) Act, 1997 independen tly review the academic
performance of the University and submit, its report to the Chancellor who may
take such actions thereon as he may deem expedient and necessary under the Act.]2
1. Substituted by the A. O. 1950 for (Provincial Government ).
2. Added by section 5 of U.P. Act No. 10 of 1998.
294
[The Rorkee University Act, 1947] [Section 8-11]
Officers of
the
University
8- The following shall be the officers of the University------
(1) The Chancellor.
(2) The Vice-Chancellor. .
(3) The Pro-Vice-Chancellor.
(4) The Registrar.
(5) Such, other officers as maybe declared by the regulations to be officers
of the University.
The Chancellor 9- (1) The Chancellor shall be nominated by the [State Government]1.
(2) The term of office of the Chancellor shall be three years.
(3) The Chancellor shall have su ch powers as may be conferred on him by this
Act or the rules.
(4) Every proposal for the conferment of an honorary degree or distinction
shall be subject to the confirmation of the Chancellor.
[The Vice-
Chancellor
10- (1) The Vice-Chancellor shall be appointed by the Chancellor out of a panel of
a minimum of three engineers , scientists or technologists, nominated by a
Committee consisting of the Presiden t of Indian National Academy of Eng ineering
or President of the Institution of Engineers (India) , and two other members
appointed by the State Governme nt. The Vice-Chancellor shall hold office on such
terms and subject to such conditions as may be prescribed by the rules.
(2) Where any tem porary vacancy in the office of the Vice -Chancellor occurs
by reasons of leave, illness or any other cause, and –
(i) such vacancy is for a period not exceeding two months the Pro -Vice-
Chancellor, if any, appointed or if there is no Pro -Vice-Chancellor or the Pro-
Vice- Chancellor too is absent, the senior most Professor of the University,
shall exercise the powers and perfom the duties of the Vice -Chancellor until
the expiry of the period of two months or the vacancy in the office of the Vice -
Chancellor is filed or the Pro -Vice-Chancellor, if any, takes over, whichever
occurs first;
(ii) such a vacancy is for a period exceeding two months, the Chancellor
may appoint any suitable engineer, scientist or technologist to the office of the
Vice-Chancellor for a term not exceeding six months, which may, from time to
time be extended up to a total period of one year, including the term fixed in
the original order.]2
Powers and
duties of the
Vice-
Chancellor
11- (1) The Vice -Chancellor shall be a whole - time offi cer of the University. He
shall be the principal executive and academic officer of the University and shall, in
the absence of the Chancellor preside at the meetings of the Senate and at any
Convocation of the University. He shall be an ex officio member a nd [Chairman of
the Syndicate, Academic Council and the Finance Committee and]3 shall be entitled
to be presen t and to speak at any meeting of any authority or other body of the
University, but shall not be entitled to vote thereat unless he is a member of the
authority or body concerned. .
1. Substituted by the A. O. 1950 for (Provincial Government ).
2. Substituted by section 6 of U.P. Act No. 10 of 1998.
3. Subs by section 7 (a) ibid.
295
[The Rorkee University Act, 1947] [Section 12-13]
(2) It shall be the duty of the Vice-Chancellor to see that the provisions of this
Act, the rules and regulations are faithfully observed, and shall have all powers
necessary for this purpose.
(3) The Vice-Chancellor shall have power to convene meetings of the [Senate,
the Syndicate, Academic Council and the Finance Committee]1:
Provided that he may delegate his power to any other officer of the
University.
(4) (a) In any emergency which, in the opinion of the Vice -Chancellor,
requires that immediate action should be taken, he shall take such action as he
deems necessary, and shall at the earliest opportu nity thereafter report his action to
the officer, authority or other bod y who or which in the ordinary course would
have dealt with the matter.
(b) When the action taken by the Vice-Chancellor under clause (a) affects any
person in the service of the University such person shall be entitled to prefer an
appeal to the Syndicate within fifteen days from the date on which su ch action
communicated to him.
(5) T he Vice -Chancellor shall give effect to the orders of the Syndicate
regarding the appointment, 'dismissal and suspension of the o fficers and teachers
of the Universi ty, and shall exercise general control over the affairs of the
University. He shall be resp onsible for the discipline of the University in
accordance with the provisions of this Act, the rules and the regulations.
(6) The Vice -Chancellor shall exercise such other powers and perform such
other duties as may be prescribed by the rules or regulations.
[The Pro-Vice-
Chancellor
12- (1) The Vice-Chancellor, if he considers necessary, may appoint a Pro -Vice-
Chancellor from amongst ten senior most Professors of the University.
(2) The Pro -Vice-Chancellor sh all discharge his duties in addition to his
duties as Professor.
(3) T he Pro-Vice-Chancellor shall hold office at the pleasure of the Vice -
Chancellor.
(4) The Pro -Vice-Chancellor shall get such facilities and honorarium as may
be prescribed by the rules.
(5) The Pro-Vice-Chancellor shall, assist the Vice-Chancellor in such matters
as may be specified by the Vice -Chancellor from time to time, shall exercise such
powers and perform such duties as may be assigned or delegated to him by the
Vice-Chancellor and shall in the absence of the Vice -Chancellor exercise the
powers and perform the duties of the Vice-Chancellor.]2
The Registrar 13- The Registrar shall be a whole -time officer of the University and shall act as
Secretary of the [Senate, the Syndicate, the Finance Committee and the Academic
Council and shall be appointed in the manner prescribed by rules.] 3 He shall
exercise such other powers and perfor m such other duties as may be prescribed by
the rules or regulations.
1. Substituted by section 7 (b) of U.P. Act No. 10 of 1998.
2. Subs. by section 8 ibid.
3. Subs. by section 9 ibid.
296
[The Rorkee University Act, 1947] [Section 14-16]
Other Officers 14- The powers of the officers of the Un iversity other than the Chancellor, Vice -
Chancellor, Pro-Vice-Chancellor and the Registr ar shall be prescribed by the rules
or regulations.
Authorities of
the University
15- The following shall be authorities of the University :--
(1) The Senate;
(2) The Syndicate;
[(2-a) The Academic Council;
(2-b) The Finance Committee;]1
(3) Such other author ities as may be d eclared by the regulations to be
the authorities of the University.
[The Senate 16- (1) The Senate shall consist of the following members; namely :-
CLASS I- Ex-officio members
(i) the Chancellor;
(ii) the Vice-Chancellor;
(iii) the Pro-Vice-Chancellor, if any;
(iv) the Secretary to the Government of Uttar Pradesh, in the Technical
Education Department or his nominee not below the rank of Joint Secretary;
(v) all Deans;
(vi) all Heads of the Academic Department and all Directors o r Co -
ordinators of Academic Centers;
(vii) the Registrar,
CLASS II- Life members-
(viii) persons not exceeding three appointed by name by the Chancellor
to be life members on the ground that they have distinguished in or have
rendered meritorious services to engineering and technological science or
education;
(ix) all person s who have made donations of not less than t en lakh
rupees to or for the purposes of the University;
(x) all other persons who are life members on the date of
commencement of the Uttar Pradesh Roorkee University (Amendment) Act,
1997;
CLASS III- Representation of Parliament and State Legislature:
(xi) two members of the Lok Sabha to be nominated by the Speker of
the Lok Sabha;
1. Substituted by section 10 of U.P. Act No. 10 of 1998.
297
[The Rorkee University Act, 1947] [Section 16]
(xii) one member of the Rajya Sabha to be nominated by the Chairman
of the Rajya Sabha;
(xiii) four members of Vidhan Sabha of the State to be elected by it;
(xiv) two members of the Vidhan Parishad of the State to be elected by
it;
CLASS IV-- Registered Graduates :
(xv) ten representatives of the registered graduates of the University to
be elected in the manner prescribed by the rules;
CLASS V—Representatives of the Teachers :
(xvi) thirty teachers of the University other than those who are already
members in some other capacity, to be elected from amongst themselves. The
number of their election shall be such as may be prescribed by rules :
Provided that a member once so elected shall not cease to be a member
during the term for which he was so elected me rely because he was appointed
to any higher category of teachers;
CLASS VI – Representatives of Non-Teaching Employees :--
(xvii) four representatives of the Non -Teaching Employees of the
University to be nominated by the Vice-Chancellor;
CLASS VII – Other members to be nominated by the State Government
representing the following special interests or fields, namely :-
(xviii) one representative of the Institution of Engineers (India);
(xix) six representatives of the Public Sector Industries,
Corporations, Research, Defence or other organizations;
(xx) three representatives of the private sector industries or
organizations;
(xxi) one representative each of the Railways and Irrigation and
Public Works Department of the State Government;
(xxii) two representatives of the industrial organizations in the
neighbourhood of the University;
(xxiii) two representatives of the research institutions in the
neighbourhood of the University;
(xxiv) two representatives of the professional bodies of various
disciplines of the University;
(xxv) three representatives from amongst the Vice-Chancellors,
Directors and Principals respectively of the Universities, Institutes and
Colleges in the State having degree courses in Engineering or Technology.
298
[The Rorkee University Act, 1947] [Section 17-18]
(2) The term of office of a member of classes III, IV, V and VII referred to in
sub-section (1) shall be three years and of a member of class VI referred to in t he
said sub-section shall be one year, commencing from the date of first meeting of
the Senate held after his election or nomination, as the case may be.
(3) A person who became a member of the Senate (whether by election or
nomination) by virtue of holding a particular office, shall cease to be such member
on ceasing to hold such office notwithstanding that his te rm if any, has not
expired.]1
Powers and
duties of the
Senate
17- (1) Subject to the provisions of this Act, the Senate shall exercise the
following powers and perform the following duties :
(a) of considering, amending or cancelling such regulations made by the
Syndicate as need the approval of the Senate under this Act or the rules,
(b) of considering and passing resolutions on matters affecting the welfare
of the University, on the annual accounts and the Financial estimates, and
(c) of exercising such other pow ers and performing such other duties as
may be conferred or imposed upon it by this Act, or the rules.
(2) The Senate shall on a date to be fixed by the Vice -Chancellor meet once a
year at a meeting to be called "the annual meeting of the Senate.
(3) The Vice -Chancellor m ay, whenever he thinks fit, and shall upon a
requisition in wri ting sig ned by not less than twenty members of the Senate,
convene a special meeting of the Senate.
[The Syndicate 18- (1) The Syndicate shall be the Executive Body of the University.
(2) The Syndicate shall consist of the following members; namely -
(a) The Vice-Chancellor;
(b) The Pro-Vice-Chancellor;
(c) three Heads of the Department and one Director or coordinator of
Academic Centers to be nominated by the Academic Council by rotation in
the manner prescribed by the rules;
(d) the Dean of Students Welfare;
(e) nine representatives of teachers, other than those who are already
members of the Syndicate in any other capacity, to be elected by the Senate.
The number of the different categ ories of teacher and the manner of their
election shall be such as may be prescribed by the rules;
(f) four persons to be elected by the Senate from amongst such of its
members as are not in the service of the University;
1. Substituted by section 11 of U.P. Act No. 10 of 1998.
299
[The Rorkee University Act, 1947] [Section 19]
(g) two persons from amongst eminent engineers and architects not in
the service of the university to be nominated by the Chancellor in the manner
prescribed by the rules;
(h) two persons from amongst the eminent educationists and scientists
not in the service of the University;
(i) the Secretary to the Government of Uttar Pradesh in the Technical
Education Department or his nominee not below the rank of a Joint Secretary.
(3) the term of office of the members referred to in clauses (c), (e), (f), (g)
and (h) of sub -section (2) shall be three years, commencing from the date of the
first meeting of the Syndicate held after his election or nomination, as the case may
be.
(4) A person who became a member of the syndicate (whether by election or
nomination) by virtue of holding a particular office, shall cease to be such member
on ceasing to hold such office, notwithstanding that his term if any, has not
expired.]2
Powers and
duties of the
Syndicate
19- (1) The Syndicate shall, subject to the approval of the [State Government]1 in
the case of (1) the appointment of officers and teachers, (2) the budget,
(3) extraordinary expenditure (4) extension of courses, and (5) any other matter
ordered by the [State Government]1:
(a) hold, control and administer the property and funds of the University;
(b) direct t he form, custody and use of the Common Seal of the
University;
(c) subject to the powers conf erred by this Act on the Vice -Chancellor,
regulate and determin e all matters concerning the University in accordance
with this Act and rules and regulations;
(d) administer any funds placed at the disposal of the Uni versity for
specific purposes ;
(e) have power to accept transfer of any movable or immovable property
on behalf of the University;
(f) save as otherwise provided by this Act and the rules, appoint the
officers (other than the Chancellor and Vice -Chancellor), teachers and other
servants of the University and specify their duties and the condi tions of
service and provide for filling the temporary vacancies in their posts;
(g) appoint examiners;
(h) publish the results of the University examinations;
(i) exercise such other p owers and perform such other du ties as may be
conferred or imposed on it by this Act, the rules or the regulations; and
---------------------------------------------------------------------------------------------------
1- Subs. by the A, O, 1950 for (Provincial Government).
2- Substituted by section 12 of U.P. Act No. 10 of 1998.
300
[The Rorkee University Act, 1947] [Section 19-A]
(j) exercise all other powers of the University not otherwise provided for
by this Act, rules or the regulations.
(2) Any regulations made for the purpose of clauses (b), (e), (f ) and (g) of
sub-section (1 ) for such ot her regulations, as may be so prescribed by the rules,
shall be subject to the approval of the Senate.
[(3) The Syndicate shall not take any decision in regard to the number and
qualifications of teachers and the fees payable to the examiners without
considering the recommendations of the Academic Council.]1
2[The Academic
Council
19-A (1) The Academic Council shall be the Principal Academic Body of the
University.
(2) The Academic Council shall consist of the following members :-
CLASS I- Ex-officio members
(i) The Vice-Chancellor;
(ii) the Pro-Vice-Chancellor, if any appointed;
(iii) all Heads of Academic Department;
(iv) all Directors or Co-ordinators of Academic Centers;
(v) the Librarian;
(vi) one nominee of the University Grants Commission, New Delhi;
(vii) one nominee of the Department of Education in the Ministry of
Human Resource Development, Government of India;
(viii) the Secretary to the Government of Uttar Pradesh, in the Technical
Education Department or his nominee not below the rank of Joint Secretary;
(ix) all Deans;
(x) the Registrar;
CLASS II- Representatives of Teachers :
(xi) five senior most Professors of the University;
(xii) two teachers from each academic Department, nominated by the
Vice-Chancellor by rotation in order of seniority;
Provided that only such Lecturers shall be eligible for nomination who
have atleast three years experience as Lecturer or in equivalent capacity;
CLASS III- Nominees of the Chancellor :
(xiii) not more than five persons nominated by the Chancellor from
amongst scientists, educationists, technologists, engineers and architects;
(xiv) not more than five persons nominated by the Chancellor from
amongst the Vice -Chancellors, Directors and Principals respectively of the
Universities, Institutes and Colleges, having degree courses in engineering or
technology;
1. Substituted by section 13 of U.P. Act No. 10 of 1998.
2. Section 19-A, 19-B, 19-C and 19-D added by section 14 ibid.
301
[The Rorkee University Act, 1947] [Section 19-B]
CLASS IV - Representatives of the Industrial or Commercial
Organizations:-
(xv) two representatives of the industrial or commercial organizations, to
be nominated by the State Government;
(3) The term or office of a member referred to in clauses (xii), (xiii), (xiv) and
(xv) of sub -section (2) shall be three years, commencing from the date of first
meeting of the Academic Council held after his nomination.
(4) A person who became a member of the Academic Council (whether by
election or nomination) by virtue of holding a particular offic e shall cease to bbe
such member on ceasing to hold such office, notwithstanding that his term, if any,
has not expired.
Powers and
duties of the
Academic
Council
19-B The Academic Council shall, subject to the provisions of this Act, the rules
and the regulations –
(a) recommend to the Syndicate provisions relating to all academic
matters for inclusion in the regulations;
(b) supervise and control the admission of students in the University
and the examinations of the University;
(c) consider and recommend to the Syndicate, proposals for the
creation or abolition or merger or division, of the Academic Departments and
Academic Centers;
(d) control, regulate and maintain the standards of instruction,
education, training and research carried on or imparted in the University;
(e) co-ordinate the working of Boards of Studies and scrutinize and
approve their proposals in regard to the scheme of teaching and examinations
in the University;
(f) scrutinize and approve the recommendations of the examiners of
Ph.D. candidates;
(g) advise the Syndicate in regard to the number and qualifications of
teachers and the fees payable to the examiners;
(h) approve in regard to the recognition of the certificates, diplomas
and degrees of other Universities and Institutions, as prescribed in the rules
and the regulations;
(i) consider and make its recommendations on such matters as may be
referred to it by the Senate or the Syndicate;
(j) perform in relation to academic matters all such duties as may be
necessary for the proper carrying out of the provisions of this Act, the rules
and the regulations;
(k) maintain contact with employer organizations with a view to,
access their changing needs for the pattern of education required to be
imparted by the University.
302
[The Rorkee University Act, 1947] [Section 19C-22]
The Finance
Committee
19-C
(1) The Finance Committee shall consist of the following person; namely :-
(a) the Chancellor;
(b) the Pro-Vice-Chancellor, if any appointed;
(c) the Secretary to the Government of Uttar Pradesh in the Finance
Department or his nominee not below the rank of a Joint Secretary;
(d) the Secretary to the Government of Uttar Pradesh in the Technical
Education Department or his nominee not below the rank of Joint
Secretary;
(e) five persons to be nominated by the Syndicate by a resolution, out
of who two shall b the persons other than the members of Syndicate, who
have interest in education and finance;
(f) the Chief Accounts Officers;
(g) the Registrar.
(2) the term of the office of members referred to in clause (e) shall be three
years commencing f rom the date of first meeting of the Finance Committee after
their nomination:
Provided that a person who became the member by virtue of being a member
of the Syndicate shall cease to be such member on ceasing to be a member of the
Syndicate, notwithstanding that his term, if any, has not expired.
Powers and
Duties of the
Finance
Committee
19-D (1) The Finance Committee shall, subject to the provisions of this Act, rules
and the regulations exercise the following powers and perform the following
duties:-
(a) framing of annual budget of the University and allocation of funds
therefor;
(b) generating sources of additional income other than the grant-in-aid;
(c) to advise the University on the investment of University Funds;
(d) such other matters as may be referred to it by the Syndicate.
(2) The Finance Committee shall have such other powers and duties as are
assigned to it under the rules.]2
The Rules 20- The Syndicate may, with the approval of the [State Government]1 frame rules
to carry out the purposes of this Act.
Regulation 21- Subject to the provisions of this Act and the rules the Syn dicate may frame
any regulations to carry out the purposes of this Act and the rules.
Residence 22- Every student of the University shall reside in a hostel or under such
conditions as may be prescribed by the regulations.
1. Subs. by the A. O. 1950 for (Provincial Government).
2. Section 19-A, 19-B, 19-C and 19-D added by section 14 of U.P. Act No. 10 of 1998.
303
[The Rorkee University Act, 1947] [Section 23-28]
Admission to
University
Courses
23- Admission of students to the University shall be made In accordance with the
rules or the regulations.
Examinations 24- All arrangements for the conduct of examinations shall be made by the
Syndicate in such manner as may be prescribed by this Act or the regulations.
Annual Report 25- The annual report of the university shall be prepared under the direction of the
Syndicate and sha ll be submitted to the Senate on or before such date as may be
prescribed by the rules and shall be considered by the Senate and passed with or
without amendments as it thinks fi t at its annual meeting. T he Syndicate shall
thereafter submit the annual report as passed by the Senate to the [State
Government]1 with its views, if any, for any action which the [State Government]l
may think fit.
Control on
funds of the
University
26- (1) The Vice -Chancellor shall, subject to the provisions of this Act and the
rules and regulation s, be responsible for managing the property and for the
investments of the University. He shall also be responsible for the presentation of
the annual estimates and statement of accounts.
(2) The Auditors, appointed by the [State Government] 1 shall audit the
accounts of the University and submit a report to the Vice Chancellor as well as
the [State Government] 1. An Accounts Officer, appo inted by the [State
Government]1 according to the rules, shall be responsible f or seeing that all
moneys are spent on the purposes for which they are granted or allotted and that all
accounts are properly maintained.
(3) Every contract shall be signe d by the Vice -Chancellor or a person
authorized by him in this behalf.
Annual
account
27- The annual accounts of the University shall be prepared under the direction of
the Syndi cate and shall be submitted to the [State Government] l for necessary
action.
[Transitory
provisions
28- Upon the commencement of the Uttar Pradesh Roorkee University
(Amendment) Act, 1997 :-
(i) the State Government shall as soon as may be, but not lat er than one
year from such commencement take steps for the constitution of the
Academic Council in accordance with the provisions of section 19-A and until
the Academic Council is so constituted the functions of the Academic Council
shall be performed by the Syndicate;
(ii) the members of the Senate (other than those who are officers of the
University or life members) shall cease to hold office as such members and
the State Government shall, as soon as may be, but not later than one year
from such commencem ent take steps for the reconstitution of the Senate in
accordance with the provisions of section 16 and until such reconstitution of
the Senate shall consist of the Ex -officio members, the life members and such
members of the Syndicate as are nominated by the State Government under
clause (iii) of section 16;
1. Substituted by the A. O. 1950 for (Provincial Government).
304
[The Rorkee University Act, 1947] [Section 29-31]
(iii) the members of the Syndicate other than the Vice -Chancellor and
Pro-Vice-Chancellor shall cease to hold office as such members and the State
Government shall, as soon as may be, but not later than one year from such
commencement, take steps for the reconstitution of the Syndicate in
accordance with the provisions o f section 18 and until such reconstitution the
Syndicate shall consist of the Vice -Chancellor, the Pro -Vice-Chancellor, the
Dean of Students welfare, the Secretary to the Government of Uttar Pradesh
in the Technical Education Department and such members as may be
nominated by the State Government to represent the classes refereed to in
clauses (c), (e), (f), (g) and (h) of sub-section (2) of section 18.
Surcharge 29- (1) An officer of the University except the Chancellor shall be liable to
surcharge for t he 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, while acting as such officer.
(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 bed prescribed
by the State Government by notified order.]2
First
Constitution of
the University
30- As soon as the f irst Vice -Chancellor, the firs t Pro -Vice-Chancellor a nd the
first Registrar and the first Syndicate ha ve been appointed the University will have
been duly constituted. Until such time as the Senate is constitu ted, the function of
the Senate shall be performed by the [State Government]1 .
Explanation--- for the purposes of this section the fist Syndicate shall be
deemed to have been duly appointed without the four members to be elected by the
Senate till such time as the Senate elects them.
[Powers to
remove
difficulties
31- (1) If any difficulty arises in giving effect to the provisions of this Act, the
State Government may, within a period of two years from the commencement of
the Uttar Pradesh Roorkee University (Amendment) Act, 1997 by notified order,
make such provisions not inconsistent with the pr ovisions of this Act as amended
by the said Act of 1997, as appear to it to be necessary or expedient for removing
the difficulty.
(2) Every order made under sub -section (1) shall be laid as soon as may be,
before both the houses of 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.]3
1. Substituted by the A.O. 1950 for [Provincial Government].
2. Substituted by section 15 of U.P. Act No. 10 of 1998.
3. Subs. by section 16 ibid.
305
[The Rorkee University Act, 1947] [Section 32-34]
Validity of the
act of the
Syndicate or
the Senate
32- No act or proceeding of the [Senate, the Syndicate, the Finance Committee or
the Academic Council] 1 shall be invalidated merely by reason of the ex istence of
any vacancy among its members.
Question to be
referred to the
Chancellor
33- If any question arises whether any person has been duly elected or appointed
or is entitled to be a m ember or any authority of the University, the matter shall be
referred to the Vice-Chancellor whose decision thereon shall be final.
Contract for
the
appointment of
officers and
teaches
34- Every salaried of ficer and teacher of the Universi ty shall be appointed by a
written contract. The contract shall be lodged with the Registrar of the University
and a copy thereof shall be furnished to the officer or teacher concerned. Any
dispute arising out of a contract between the University and any officer or teacher
of the University shall, on the request of the officer or teacher concerned, be
referred to a Tribunal of arbitration consisting of one member appointed by t he
Syndicate, One member nominated by t he officer or teacher conce rned and an
umpire appointed by the Chancellor. The decision of the Tribunal shall be final and
no suit shall lie in any court in respect of the matter decided by the Tribunal. Every
such request shall be deemed to b e a submission to arbitration within the meaning
of the Arbitration Act, 1940, and all the provisions of that Act shall apply
accordingly.
1. Substituted by section 17 of U.P. Act No. 10 of 1998.
306
:M+dh fo”ofo|ky; ¼;wfuoflZVh½ ,sDV] lu~ 1947 bZ0
¿la;qDr izkUr dh ,sDV la[;k 9] lu~ 1948 bZ0À
THE ROORKEE UNIVERSITY ACT, 1947
[U. P. Act No. IX of 1948]
307
:M+dh fo”ofo|ky; ¼;wfuoflZVh½ ,sDV] lu~ 19471 bZ0
¿la;qDr izkUr dh ,sDV la[;k 9] lu~ 1948 bZ0À
mŸkj izns”k vf/kfu;e la[;k 12] 1949 }kjk ;Fkk la”kksf/kr
,MsIVs”ku vkWQ ykWt vkMZj] 1950 }kjk vuqdwfyr rFkk ifj’d`rA
Lak;qDr izkUrh; ysftLysfVo vlsEcyh rFkk ysftLysfVo dkmafly us dze”k% 07 uoEcj] lu~ 1947
bZ0 rFkk 02 fnlEcj] 1947 bZ0 dh cSBd eas Lohd`r fd;kA
Hkkjrh; ¼vLFkk;h fo/kku½ vkns”k lu~ 1947 bZ0 }kjk la”kksf /kr djds vuqdwy cuk, gq,
Hkkjr&“kklu&fo/kku lu~ 1935 bZ0 dh /kkjk 75 ds vUrxZr xouZj us fnuk¡d 07 Qjojh] 1948 bZ0 dks
Lohd`r iznku dh vkSj la;qDr izkUrh; “kkldh; xtV eas fnuk¡d 28 Qjojh] 1948 bZ0 dks izdkf”kr gqvkA
:M+dh eas f”k{kk nsus okys Nk=ksa ds fuokl djus dk ¼jsftMsa”ky½ fo”ofo|ky; ¼;wfuoflZVh½ LFkkfir
djus ds fy,
,d
,sDV
D;ksafd ;g vko”;d vkSj ;qfDrlaxr gS fd :M+dh ds Vkelu bathfju;fjax dkWyst eas
bathfu;fjax dh lHkh “kk[kkvksa dh f”k{kk nsus dh O;oLFkk dh tk; vkSj bls ,d ,sls fo”ofo|ky; ds :Ik eas
LFkkfir fd;k tk;] tks ,dkRed gks vkSj tgk¡ ij f”k{kk nh tk; rFkk Nk=ksa ds fuokl dk izcU/k gks(
blfy, fuEufyf[kr dkuwu cuk;k tkrk gS % &
1&& ¼1½ bl ,sDV dk uke :M+dh fo”ofo|ky; ¼;wfuoflZVh½ ,sDV] lu~ 1947 bZ0 gksxkA laf{kIr uke vkSj izkjEHk
¼2½ ;g ,sDV ml rkjh[k 3 ls iz;ksx eas vk,xk] tks ¿jkT; ljdkjÀ2 bl lEcU/k eas ljdkjh xtV
eas foKfIr nsdj fu;r djsA
¿2&& bl ,sDV eas %&& ifjHkk’kk,a
¼d½ ^fo|k ifj’kn~^ dk rkRi;Z fo”ofo|ky; dh fo|k ifj’kn~ ls gS(
¼[k½ ^”kS{kf.kd foHkkx ¼,dsMsfed fMikVZesUV½^ dk rkRi;Z fo”ofo|ky; ds fdlh f”k{k.k
foHkkx ls gS] ftleas ,slk f”k{k.k fb;k tkrk gS] ftldh ifj.kfr Lukrd ;k LukrdksÙkj fMxzh ;k
fMIyksek eas gksrh gS(
¼x½ ^”kS{kf.kd dsUnz^ dk rkRI k;Z fo”ofo|ky; }kjk LFkkfir fdlh ,sls fo|ky;] dsUnz]
iz;ksx”kkyk] laLFkku ;k ,slh gh fdlh laLFkk ls gS] ftleas vuqla/kku] f”k{k.k ;k izf”k{k.k dk dk;Z
fd;k tkrk gks] fdUrq tks [k.M ¼[k½ ds v/khu u vkrk gks(
¼?k½ ^v/;;u cksMZ^ dk rkRi;Z fdlh “kS{kf.kd foHkkx ;k “kS{kf.kd dsUnz ds v/;;u cksMZ lss
gS] tks jsxqys”ku ds vuqlkj xfBr fd;k x;k gks(
¼³½ ^ladk;k/;{k^ dk rkRi;Z jsxqys”ku ds vuqlkj fu;qDr fdlh ladk;k/;{k ls gS(
1- mn~ns”;ksa vkSj dkj.kksa ds fooj.k ds fy, fnuk¡d 13 tqykbZ] 1977 dk ljdkjh vlk/kkj.k xtV nsf[k;sA
2- ,MsIVs”ku vkWQ ykWt vkMZj] 1950 }kjk ¼izkfofU”k;y xouZesUV½ ds fy, izfrLFkkfirA
3- foKfIr la0 310&Vh0&lh0@23&21&Vh0lh0@46] fna0 22-02-1948] xtV Hkkx 1] i`0 160] fna0 6-3-1948 }kjk 1
ekpZ] 1948 ls ;g vf/kfu;e izo`Ÿk gqvkA
308
¿:M+dh fo”ofo|ky; ,sDV] lu~ 1947 bZ0À ¿/kkjk 3&4À
¼p½ ^funs”kd ;k leUo;drkZ^ dk rkRi;Z jsxqys”ku ds vuqlkj bl :Ik eas fu;qDr “kS{kf.kd
dsUnz ds funs”kd ;k leUo;drkZ ls gS(
¼N½ ^foÙk lfefr^ dk rkRi;Z fo”ofo|ky; dh foÙk lfefr ls gS(
¼t½ ^”kS{kf.kd foHkkxk/;{k^ dk rkRi;Z jsxqys ”ku ds vuqlkj fu;qDr fdlh “kS{kf.kd foHkkx
ds v/;{k ls gS(
¼>½ ^Nk=ky;^ dk rkRi;Z fo”ofo|ky; ¼;wfuoflZVh½ ds fo|kfFkZ;ksa ds fy, fo”ofo|ky;
}kjk iksf’kr ;k ekU;rk izkIr fuokl dh bdkbZ ls gS(
¼¥½ ^jftLVMZ xzstq,V^ dk rkRi;Z /kkjk 20 ds v/khu flafMdsV }kjk cuk, x, fu;eksa ds
vuqlkj jftLVMZ xzstq,V ls gS(
¼V½ ^jsxqys”ku^ dk rkRi;Z /kkjk 21 ds v/khu flafMdsV }kjk cuk, x, jsxqys”ku ls gS(
¼B½ ^fu;e^ dk rkRi;Z /kkjk 20 ds v/khu flafMdsV }kjk cuk, x, fu;e ls gS(
¼M½ ^v/;kid ¼Vhpj½* dk rkRi;Z izksQslj] ,lksfl;sV izksQslj] vflLVsaV izksQslj] jhMj]
ysDpjj ;k ,sls vU; O;fDr ls gS] tks fo”ofo|ky; eas f”k{k.k dk dk;Z djrk gks(
¼<½ ^fo”ofo|ky;^ dk rkRi;Z bl ,sDV ds v/khu LFkkfir :M+dh fo”ofo|ky; ls gSAÀ1
3&& ¿¼1½ fo”ofo|ky; ds pkalyj] okbl&pkalyj] izks&okbl&pkalyj] ;fn dksbZ gks vkSj
flusV] flafMdsV] fo|k ifj’kn~ vkSj foÙk lfefr ds lnL;] tks fo”ofo|ky; eas rRle; ,sls in
/kkj.k dj jgs gksa] ls :M+dh fo”ofo|ky; uked ,d fuxfer fudk; xfBr gksxkAÀ2
fo”ofo|ky; ¼;wfuoflZVh½
¼2½ fo”ofo|ky; dks fujUrj mŸkjkf/kdkj izkIr gksxk v kSj mldh ,d lkekU; eqnzk ¼eqgj½ gksxh
vkSj og mDr uke ls ukfy”k djsxh vkSj mlh uke ls ml ij Hkh ukfy”k gks ldsxhA
4&& fo”ofo|ky; dks fuEufyf[kr vf/kdkj izkIr gksaxs] vFkkZRk~ %& ;wfuoflZVh ds vf/kdkj
¼1½ bathfu;fjax rFkk lEcfU/kr fo’k;ksa dh ,slh “kk[kkvksa eas f”k{kk nsus dh O;oLFkk djuk]
tks fo”ofo|ky; Bhd le>s vkSj vuqla/kku rFkk mi;qZDr fo’k;ksa ds Kku dks mUufr rFkk izpkj
ds fy, izcU/k djuk(
¼2½ ijh{kk,a djuk vkSj ,sls O;fDr;ksa dks fMfxz;k¡ rFkk vU; f”k{kk lEcU/kh ;ksX;rk,a
iznku djuk %&
¿¼d½ ftUgksaus fo”ofo|ky; eas f”k{kk izkIr dh gks ;k dqN f”k{kk fo”ofo|ky; eas
vkSj dqN fdlh ,slhExcerpt shown. Open the full act in Lexace.