LexThe uttar pradesh state universities act, 1973
Uttarakhand · state statute
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THE UTTAR PRADESH STATE UNIVERSITIES ACT, 19731
[PRESIDENT ACT No. 10 OF 1973]
Reenacted with modification by U. P. Act Vo.29 of 1974
U.P. Act No. 21 of 1975
Amended by-
U. P. Act No.5, 1977
U. P. Act No. 14, 1977
U. P. Act No. 12 1978
AN
ACT
to amend and consolidate the law relating to certain Universities
[It is hereby enacted as follows :--]2
CHAPTER 1
PRELIMINARY
Short title,
commencement
and application
1- (1) This Act may be called the Uttar Pradesh State Universities Act, 1973.
(2) It shall come into fo rce on such date as the State Government may, by
notification in the Gazette, appoint and different dates may be appointed in relation
to different existing Universities and references to commenc ement of this Act in
relation to an existing Uni versity shall be cons trued as the date on which this Act
comes into force in relation thereto.
(3) In its a pplication to the Varanaseya S anskrit Vishvavidyalaya (which after
coming into force of this Act in relation to that University shall be called the
[[Uttarakhand]6 Sanskrit Vishvavidyalaya , Haridwar] 5), the State Government
[from time to time ]4 may, by notification in the Gazette, make such exceptions or
modifications not affecting the substance, in the provisions of this Act, as the
circumstances may require.
(4) (a) In its applicati on to the Kashi Vidyapith after it is established as a
University under sub -section (2) of section 4, the State Government may, by
notification in the Gazette, make such exceptions or modifications not affecting the
substance, in the provisions of this Act, as the circumstances may require.
(b) [* * *]3
1. For S.O.R see the Uttar Pradesh Gazette, extraordinary, date September 2 1973 pages 73
2. Subs. by s. 3 of U.P. Act no. 29 of 1974.
3. Omitted by section 4 ibid.
4. Ins by s. 2 of U. P. Act no. 21 of 1975.
5. Subs. by section 2 of Uttarakhand Act No. 17 of 2005.
6. Subs. by section 2 of Uttarakhand Act No. 06 of 2011.
7. In relation to the Universities of Luc know, Allahbad, Agra. Gorakhapur, Kanpur and
Meerut. September 3, 1973, has been appointed as the date on which the provisions
of the said Act came into force vide notification no. (Shiksha .10) 3081 (1) /SV -60
(46)73. Dated September 3, 1973.
8. The provisions of the said act shall apply to the Varansaeya Sanskrit Vishwavidyalaya
since, December 16, 1974, vide notification no. 6095 - 15-60 (56) -73, dared
December 18, 1974
9. The provisions of the said Act shall apply to the kashi Vidyapieth since january 15,
1974, vide notific ation no. shaiksha (10) 9268/ XII -10.10 -2 (I) -7, dated Jan. 10,
1974.
181
[The Uttar Pradesh State Universities Act, 1973] [Section 2]
Definitions 2- In this Act, unless the context otherwise requires:---
(1) "Academic Coun cil", "Court" and ‘Ex ecutive Council " mean
respectively the Academic Council, the Court and the Executive Council of the
University :
(2) "affiliated college" me ans an institution affiliated to the University in
accordance with the provisions this Act and Statutes of that University ;
(3) "area of the Universit y" m eans the area specified in respect of the
University by or under section 5 or section 4, as the case may be ;
(4) "associated college" means any institution recognized by the University
and authorized under the pro visions of [this Act and the statutes of the
University]1 to provide for the teaching necessary for admission to a degree of
the University;
(5) "autonomous college" means an affiliated or associated college de clared
as such in accordance with the provisions of section 42 ;
{(5-A) the expression ‘other backward classes of citizens’ shall have the
same meaning as in the Uttar Pradesh Public Service (Reservation for
Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994.}3
{(5-B) central B oard of Studies’ means the Central Board of Studies
referred to in section 18-B;}4
(6) "constituent college" means an institution maintained by the University
or by the State Government and named as such by the Statutes ;
{(6-A) ‘Co -ordination Council’ me ans the Co -ordination Council
constituted under section 18-A;}5
(7) "Director", in relation to an Institute, means the head of such Institute;
(8) "existing University" means the University of Lucknow, Allahabad,
Agra, {which shall from September 24, 1995 be called Doctor Bhimrao
Ambedkar University, Agra} 6, Gorakhpur {which shall with effect from the
date of the commencement of the Uttar Pradesh State Universities(Second
Amendment) Act, 1997 be called Deen Dayal Upadhaya, Gorakhpur
University, Gorakhpur}8, Kanpur{which shall be called Shri Shahu Ji Maharaj
University, Kanpur with effect from September 24, 1995 and Chhatrapati Shahu
Ji Maharaj University, Kanpur with effect from the date of commencement of
the Uttar Pradesh State Universities (Amendment) Ac t, 1997} 7 or Meerut
{which shall from January 17, 1994 be called Chaudhary Charan Singh
University, Meerut,}2 or the {{Uttarakhand} Sanskrit University,Haridwar}9, as
the case may be ;
1- Subs. by section 5(i) of U. P. Act no. 29 of 1974.
2- Ins. words by section 2 of U. P. Act no. 05 of 1994.
3- Ins. by s. 2 of U. P. Act no. 20 of 1994.
4- Ins. by s. 2(a) of U. P. Act no. 4 of 1996.
5- Ins. by s. 2(b) ibid.
6- Ins. words by section 2(c) ibid.
7- Subs. by section 2 of U. P. Act no. 12 of 1997.
8- Ins. by section 2 of U. P. Act no. 18 of 1997.
9- Ins. by section 2 of Uttarakhand Act No. 17 of 2005.
182
[The Uttar Pradesh State Universities Act, 1973] [Section3-4]
(9) "faculty" means a faculty of the University ;
{(9-A) ‘foundation course’ means a course of greater awareness of oneself
and of the social, cultural and natural environment;}3
(10) "hall (or college) of a Univer sity" means a unit of resi dence for
students maintained or recognised by the' University at which provision is made
for imparting tutorial and ether supplementary instruction;
(11) "hostel of a University" means a unit of residence for students
maintained or recognised by the University, other than a hall, and "hostel of an
affiliated or a ssociated college" means a unit of residence for students of that
college;
(12) "Institute" means an Institute established by the Uni versity under
section 44 ;
(13) "management", in relation to an affiliated or associated college, means
the managing co mmittee or other body charged with managing the affairs of
that college and recognised as such by the university :
[Provided that in relation t o any such college maintained by a Municipal
Board or a Nag ar Mahapalika, the expression Management" means the
education committee of such Board or Mahapalika, as the case may be, and the
expression Head of the Management' means the Chairman of such committee;]2
(14) "prescribed" means prescribed by Statutes ;
(15) "Principal", in relation to an affiliated, associated or a constituen t
college, means the head of such college ;
(16) "regist ered graduate" means a gra duate of the Universi ty registered
under the provisions of this Act or under any enactment repealed by this Act;
(17) "Statutes", "Ordinances" and "Regulation s" mean respectively the
Statues, Ordinances and Regulations of the University ;
(18) "teacher", means a pers on employe e [for imparti ng instruction or
guiding or conducti ng research in the University or in an Institute or, in a
constituent, affiliated or associated college] 1 and includes a Princ ipal or a
Director;
(19) "teacher of the University" means a teacher e mployed by the
University or Imparting instruction and guiding or conducting research either in
the University or in an Institute or in a consti tuent college maintained by the
University;
(20) "Universit y" means an existing University or a new University
established after the commencement of this Act under section 4 ;
1- Substituted by section 5(ii) of U. P. Act no. 29 of 1974.
2- Ins. by section 2 of U. P. Act no. 12 of 1978.
3- Subs. by section 2(d) of U.P. Act no. 4 of 1996.
183
[The Uttar Pradesh State Universities Act, 1973] [Section 3-4]
(21) "Working Me n’s College" means a n affiliated or asso ciated college
recognized as such in accordance with the provisions of section 43.
CHAPTER II
THE UNIVERSITIES
Incorporation
Universities
3- (1) The Chancellor, the Vice -Chancellor and the members of the Executive
Council, the Court and the Academic Council for the time being holding office as
such in any University shall constitute a body corporate by the name and that
University.
(2) Each University shall have perpetual succession and a common seal and
shall sue and be sued by its name.
Establishment
of new Univer-
sity and altera -
tion of the
areas or names
of Universities
4- (1) With effect from such date as the State Government may by notification
in the Gazette appoint i n that behalf, there shall be established a University o f
Kumaun at Naini Tal and a University of Garhwal [which shall from April 25,
1989 be called the Hemvati Nandan Bahuguna University] 1 at Srinagar (District
Garhwal) for the areas respectively specified in the Schedule.
[(1-A) with effect from such date or dates as the State Govern ment may by
notification in the Gazette appoint in this behalf, there shall be established-
(a) a University of Bundelkhand at Jhansi
(b) a Un iversity of Avadh at Faizabad {which shall be called the
Doctor Ram Manohar Lohia Univ ersity, faizabad with effect from June 18,
1994, and the Doctor Ram Manohar Lohia Avadh University, Faizabad with
effect from July 11, 19 1995;}2
(c) a University of Rohilkhand at Barei lly {which shall with effect
from the date of the commencement of the U ttar Pradesh State Universities
(Second Amendment) Act, 1997 be called Mahatma Jyotiba Phule
Rohilkhand University, Bareilly}3;
{(d) a University to be known as Puranchal University at Jaunpur, with
shall, with effect from the date of commencement of the Uttar Pradesh State
Universities (Amendment) Act, 1999, be called “ Vir Bahadur Singh
Purvanchal University, Jaunpur.;}4
for the areas respectively specified in the Schedule.
(1-B) In relation to the Universities to be established under sub-section (I-A)-
(a) the State Government shall appoint interim officers of the
Universities (other than the Chance llor) and shall constitute interim
authorities of such Universities in such manner as it thinks fit;
1- Ins. by section 2 of U.P. Act No. 26 of 1989.
2- Subs. by section 3 of U. P. Act no. 4 of 1996.
3- Added by section 3 of U. P. Act no. 18 of 1997.
4- Subs. by section 2 of U.P. Act no. 11 of 1999.
184
[The Uttar Pradesh State Universities Act, 1973] [Section 4]
[(b) The officers appointed and the members of the authorities
constituted under clause (a) shall hold office {***}4 of until the appointment
of officers or the constitution of the a uthorities in accordance with clause (c)
{or such other earlier date as may be specified by the State Government in
this behalf}4.]3
[Provided that the State Government may by notification, extend the
term of the members of such authorities for a period not exceeding one year;]2
(c) the State Government shall take steps for .the appointment of
officers and constitution of authorities of such Universities 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 m embers under
clause (b).]1
(2) With effect from such d ate as the State Gov ernment may, by n otification
in the Gazette, app oint that behalf the institution known as Kashi Vidyapith at
Varanasi shall be deemed to be a University established unde r the provis ions of
this Act {which shall be called Mahatma Gandhi Kashi Vidyapith, Varanasi wi th
effect from July, 11, 1995.}5
(3) As from the date appointed under sub-section (2) -
(i) the socie ty known as the Kashi Vidyapith Varanasi, shall be
dissolved, and all property movable and Immovable, and rights, powers and
privileges of the society shall be transferred to and vest in the University and
shall be applied to the objects and purposes for which the University is
established;
(ii) all debts, liabili ties and o bligations of the said society shall be
transferred to the Unive rsity and shall thereafter be discharged and satisfied
by it ;
(iii) all references in any enactment to the said society shall be
construed as reference to the University;
(iv) any will, deed or other document, whether made or executed before
or after the co mmencement of this Act, which contains any bequest, gift or
trust in favour of the said society shall be construed as if the University was
therein named instead of such society ;
(v) su bject to the provi sions of this Act, every person employed
immediately before the said date in the said society shall with effect from that
date, become an employee of the University by the same tenure and upon the
same condi tions of service or conditions as simi lar there to as changed
circumstances may permit, as he would have held under the said society, if
such notification had not been issued.
(4) The State Government may, by notification in the Gazette-
(a) increase the area of a University;
1- Ins. by section 6 of U. P. Act no. 29 of 1974
2- Ins. by section 2 of U. P. Act. No. 5 of 1977.
3- Subs. by section 3 of U. P. Act no. 12 of 1978.
4- Delete and insertion by section 2 (b) of U.P. Act no. 19 of 1987.
5- Ins. words by section 3 (b) of U. P. Act No. 4 of 1996.
185
[The Uttar Pradesh State Universities Act, 1973] [Section 5]
21 of 1860
(b) diminish the area of University; or
(c) alter the name of a University:
Provided that no such notification shall be issued except with the previous
approval by resolution of both the Houses of the State Legislature.
(5) Any notification under this section may contain such provisions for the
amendment of the Schedule and the Statu tes, Ordinances and Regulations of the
University or Universities affected by such notification, as may be necessary to
give effect to the provisions of the notification, and thereupon th e Schedule and
such Statutes, Ordinances and Regulations shall stand amended accordingly.
(6) Without prejudice to the generality of the provisions of sub -section (5),
any notification under this section may provide for the following matters namely:-
(a) provisions in respect of representation of various interests or classes
of persons in the authorities of the University or Universities affec ted by the
said notification;
(b) provisions for exercise of option by registered graduates of the then
existing University to continue to remain registered graduates of the same
University or to get registered with a newly established University so
however, that no person shall be registered graduate of more than one
University ;
(c) such other supplemental, incidental and consequentia l provisions as
the State Government may deem necessary.
Explanation-- For the purposes of this section and section 5 "Kashi
Vidyapith" means the institution known as Kashi Vidyapith at Varanasi established
and administered by the Society known as Kashi Vidyapith registered under the
Societies Registr ation Act, 1860 in respect of which the Nirikshak Sabha o f the
said Society has passed a resolution on 28th May, 1972, reque sting the State
Government to take over the entire movable and immova ble properties of the said
institution and to convert it into a State University.
Territorial
exercise of
powers
5- (1) Save as otherwise provided by or under this Act, the powers conferred on
each University (other than the [[Uttarakhand]2 Sanskrit Vishvavidyalaya ,
Haridwar]1 and the Kashi Vidyapith) shall be exer cisable in respect of the area for
the time being specified against it in the Schedule.
(2) The [[Uttarakhand]2 Sanskrit Vishvavidyalaya , Haridwar] 1 may affiliate
institutions situated in any part of the territory of India and recognize teachers of,
and admit to its examinations candidates from such territory or abroad :
Provided that the Vishvavidyalaya shall not--
(a) affiliate an institution outside Uttar Pradesh, or
(b) recognize any teacher employed in an institution situated outside
Uttar Pradesh and maintained by any Government, except upon the
recommendation of the Government concerned.
1- Subs. by section 2 of Uttarakhand Act No. 17 of 2005.
2- Subs. by section 2 of Uttarakhand Act No. 06 of 2011.
186
[The Uttar Pradesh State Universities Act, 1973] [Section 6-7]
(3) Nothing in this Act relating to affiliation or recognition of colleges shall
apply of the Kashi Vidyapith.
(4) Notwithstanding anyt hing contained in sub -section ( 1), the powers
conferred on the {Chattarpati Shahu Ji Maharaj University, Kanpur}1 in respect of
instruction and r esearch in the Ayurvedic and Unani systems of medicine and
advancement and dissemina tion of knowledge thereof shall be exer cisable
throughout Uttar Pradesh.
[(5) Notwithst anding anything contained in sub -section ( 1), the
homoeopathic educational or instructional institutions throughout Ut tar Pradesh
may be affiliated t o the {Doctor Bhim Rao Ambedkar University, Agra or
{Chattripati}5 Shahu Ji Maharaj University, Kanpur.}3] 1
{(6) Notwithstanding anything contained in sub -section (1) or sub-section (1)
of section 37, the institutions established or proposed to be established for
imparting education or instruction in Western Medical Science as defined in the
Indian Medical Degrees Act, 1916, engineering, technology or management
anywhere in Uttar Pradesh may, subject to such directions as may be issued by the
State Government in this behalf, be affiliated to any University.}4
University
open to all
classes and
creed.
6- The University shall be open to all persons irrespective of class or creed, but
nothing in this section shall be deemed to require the University to admit to any
course of stud y a larger number of students than may be d etermined by the
Ordinances :
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 C lasses of
citizens}2.
Powers and
duties of the
University
7- The University shall have the following powers and duties; namely- ---
(1) to provide for instruction in such branches of learning as the University
may think fit, and t o make provision for research and for t he advancement an d
dissemination of knowledge;
(2) to admi t any college to the privileges of affiliation or re -cognition 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 die
work of affiliated and associated colleges ;
(3) to institute degrees, diplomas and other academic distinctions ;
(4) to hold examinations, 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 associated college, or
1- Ins. by section 9 of Chapter-III of U. P. Act. No. 14 of 1977.
2- Subs. by section 3 of U. P. Act no. 20 of 1994.
3- Ins. by section 4 (b) of U. P. Act no. 4 of 1996.
4- Added by section 4 (c) ibid.
5- Substituted by section 3 of U. P. Act no. 12 of 1997.
187
[The Uttar Pradesh State Universities Act, 1973] [Section 7]
(b) have carried o n research in the University or in an institution
recognized in tha t b ehalf 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, subject to such conditions as may be laid down in the Statutes and
Ordinances as external candidates ; or
(d) are teachers or other employees in the University or in an Institute or
in a constituent or affiliated or associated college or in any other edu cational
institutions under co nditions laid down in the Statutes and the Ordinances or
are inspecting officers permanently employed in the Department of Education
of the State Government, and have carried on private studies under conditions
laid down in the Statutes and the Ordinances ; or
(e) are women residing within the area of the University and have
carried on private studies under conditions laid down in th e Statutes and
Ordinances; or
(f) are blind and are residing within the area of the Uni versity and have
carried on private studies under conditions, laid down in the Statutes and the
Ordinances;
(5) to hold examinations for and to gran t the degree of Bachelor of Arts or
Commerce or Master of Arts or Commerce to persons residing within t he area of
the University who have carried on Private studies under conditions laid down in
the Statutes and the Ordinances ;
(6) to con fer honorary degrees or other academic distinction in the manner
and under conditions laid down in the Statutes ;
(7) 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 ;
(8) to co-operate or collaborate with other Universities and authorities in such
manner and for such purposes as the University may determine;
(9) to institute teaching p osts required by the University and to appoint
persons to such posts ;
(10) to recognize teachers for giving instruction in halls;
(11) 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;
(12) to instit ute and award scholarships, fellowships (includ ing travelling
fellowship), students hips and prizes in accordance with the Statutes and the
Ordinances;
(13) to institute and maintain halls and hostels and to recognize places of
residence for students of th e University, the Ins titutes or the constituen t or
affiliated or associated colleges ;
188
[The Uttar Pradesh State Universities Act, 1973] [Section 7A-8]
(14) to dem and and receive such fees and other charges as may be fixed by
the Ordinances ;
(15) supervise and con trol the residence and to regula te the discipline of
students of the University, the Institute and the constituent or affiliated or
associated colleges and to make arrangements for promoting their health;
(16) to create administrative ministerial and other necessary posts and to
make appointments thereto; and
(17) 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.
[Additional
power and
duties of
certain
Universities
7-A Upon being authorized by the State Government by notification un der the
Uttar Pradesh Homoeopat hic Medicine Act, 1951, {Doctor Bhimrao Ambedkar
University, Agra or {Chattarpati}3 Shahu Ji Maharaj University, Kanpur ,}2 as the
case may be, shall--
(a) hold examinations for and grant diplomas in Homoeopathy,
(b) take over the functions of holding of examinations for courses
prescribed by the Board of Homoe opathic Medicine constituted under the
said Act and granting diplomas, and exe rcise and perform all the powe rs end
functions of such Board under t he said Act wit h respect to holding of such
examination and granting of diplomas.]1
CHAPTER III
INSPECTION AND INQUIRY
Visitation 8- (1) The State Government shall have the right to cause an inspection to be
made by such person or persons as it may direct, of the University or any
constituent colleg e or any Institute maintained by the Univ ersity, including its
buildings libraries, laboratories, workshops and equipment and also of the
examinations, teaching and other works conducted or done by the University or
such colleges or Ins titute or to cause an inquiry to be made in the like manner in
respect of any m atter connected with the admin istration 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, p lead or act on behalf of the
University at such inspection or inquiry.
1- Chapter-III insertion by section 10 of U. P. Act no. 14 of 1977.
2- Subs. by section 5 of U. P. Act no. 04 of 1996.
3- Subs. by section 3 of U. P. Act no. 12 of 1997.
189
[The Uttar Pradesh State Universities Act, 1973] [Section 8]
(3) The person or persons appointed to inspect or inquire under sub -section
(1) shall have all the powers of a civil court, while tr ying a suit under the Code of
Civil Procedure, 1908, for the purpose of taking evidence on oath and of enforcing
the attendance of witn esses and compelling production of documents an d material
objects and shall be deemed to be a civil court within the meaning of sections [345
and 346]1 of the Code of Criminal Procedure, 1973 and any proceeding before him
or them shall be deemed to b e judicial proceeding within the meaning of sections
193 and 228 of the Indian Penal Code.
(4) The State Government shall address the Vice-Chancellor with reference to
the result of such inspection or inquiry, and the Vice -Chancellor shall
communicate to the E xecutive Council the views of the State Government with
such advic e as the State Government may offer , upon th e 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 ta ken 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 c omply 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 (I) and of every
communication received from the Vice -Chancellor under sub -section (5) and of
every direction issued under sub-section (6) and also of every report 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 m aterial referred to in sub -section (7) of this
section including any report of an inquiry held before the commencemen t of this
Act, is of opinion that the Executive Council has failed to carry out its functions or
has abused its po wers, he may, after giving it an opport unity of submitting a
written explanation, order that in super session or the said Executive Council, and
Executive Council, consisti ng of the Vice -Chancellor and such other persons not
exceeding ten in number as th e Chancellor may appoint in that behalf including
any member of the superseded Executive Council, shall for such p eriod not
exceeding two years as the Chancellor may from time to tim e specify, and subject
to the provisions of sub -section (ii), exercise a nd perform all the powers and
functions of the Executive Council under this Act.
(9) Nothing in section 20 shall apply to the co mposition of the ad hoc
Executive 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 Execu tive Council superseded thereby, including ex -officio
members, shall cease and all such members shall vacate their offices as such.
1. Substituted by section 3 of U. P. Act no. 5 of 1977.
190
[The Uttar Pradesh State Universities Act, 1973] [section 9]
(11) During the period of operation of an order under sub -section (8), the
provisions of this Act, shall have effect subject to the follow ing modifications,
namely –
(a) in section 20, after sub-section (5), the following sub-section shall
be deemed inserted :
"(6) A meeting of the Execu tive Council shall be held at least once
every two months".
(b) in section 21, in sub -section ( 1), after the words "subject to the
provisions of this Act", t he words "and subject also to the control of the
Chancellor" shall be deemed inserted ;
(c) in section 24, in sub -section (2), the words "an d Shall upon a
requisition in writing signe d by not less than one -fourth of the total
membership of the Court" shall be deemed omitted.
(12) A fresh Executi ve Council shall be constituted in accordance with the
provisions of section 20 with eff ect from the expiration of the period of operation
of an order under sub-section (8).
(13) Any Statute, Ordinance, Regulation or Order 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 for ce until amended,
repealed of rescinded in accordance with the provisions of this Act.
CHAPTER IV
OFFICERS OF THE UNIVERSITIES
Officers of the
University
9- The following shall be the officers of the University-
(a) the Chancellor;
(b) in the case of [[Uttarakhand]3 Sanskrit Vishvavidyalaya, Haridwar]2
the Pro-Chancellor ;
(c) the Vice-Chancellor;
(d) in the case of universities referred to in sub-section (1) of section 14,
the Pro-Vice-Chancellor
(e) the Finance Officer;
(f) the Registrar ;
{(ff) the Controller of Examinations, if any, appointed;}1
(g) the Dean of the Faculties ;
(h) the Dean of Students Welfare;
(i) such other officers as may be declared b y the Statutes to be the
officers of the University.
1. Subs. by section 2 of U. P. Act no. 14 of 1995.
2. Subs. by section 2 of Uttarakhand Act No. 17 of 2005.
3. Subs. by section 2 of Uttarakhand Act No. 06 of 2011.
191
[The Uttar Pradesh State Universities Act, 1973] [Section 10-12]
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 the President of the Court and
shall, when present, preside at meeting of the Court, and at any convoc ation 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.
Pro-Chancellor 11- (1) Maharaja Vibhuti Narain Singh of Varanasi shall continue to be the Pro -
Chancellor for life of the [[Uttarakhand]4 Sanskrit Vishvavidya, Haridwar]3.
(2) The Pro -Chancellor shall, in t he absence of the Chancellor, preside at
meetings of the Court and at any convocation of the Vishvavidyalaya.
(3) The Pro -Chancellor shall have such other powers as may be conferred
upon him by or under this Act or the Statutes.
The Vice -
Chancellor
12- (1) The Vice -Chancellor sha ll be a 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 p rovisions
of sub-section (2).
(2) The Committee referred to in sub -section (1) shall consist of the
following members, namely :-
(a) [at least three months before the date on which a vacancy in the
office of the Vice Chancellor is due to oc cur by reason of expir y of his
term]1 one per son (not being a perso n connected with the University, an
Institute a constituent college, an associated or affiliated college or a hall or
Hostel) to be elected by the Executive Council;
(b) one person who is or has been a Judge o f 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 Executi ve Council fails to elect any person in
accordance with clause (a) then the Chancellor shall nominate in addi tion to
the pe rson nominated by him under clause (c), one person in lieu of t he
representative of the Executive Council]2.
1- Added by section 4 (a) (i) of U. P. Act No. 5 of 1977.
2- Insertion by section 4 (a) (ii) ibid.
3- Subs. by section 2 of Uttarakhand Act No. 17 of 2005.
4- Subs. by section 2 of Uttarakhand Act No. 06 of 2011.
192
[The Uttar Pradesh State Universities Act, 1973] [Section 12]
(3) The Committee shall, as f ar as may be, at least sixty days before the date
on which a vacancy III 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 Sh all, while submitting
the names, also forw ard to the Chancellor a concise statement showin g the
academic qualific ations and other distinctions of each of the persons so
recommended, but shall not indicate any order of preference.
(4) Where the Chancellor does not consider anyone 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 Chan cellor 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 sugg est any names within the time specified by the
Chancellor, [or if the Chancellor does not co nsider anyone or more of the f irst
names recom mended by the committee to the suitable for appointment as Vice-
Chancellor]2 another Committee consisting of three persons of academic eminence
shall be constituted by the Chancellor wh ich 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) The Vice -Chancellor shall hold o ffice for a term of three years from the
date on which he enters upon his office :
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 maybe determined , by the State
Government by general or special order-in that behalf.
(9) The Vice -Chancellor shall not be enti tled to the benefi t of any pension,
insurance or provident fund constituted under section 33:
[Provided that when any teacher or other employee of any Uni versity or any
affiliated or associated 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 limi ted to what it had been
contributing immediately before his appointment as Vice-Chancellor.]1
1- Added by section 3 of UP Act No 2 1 of I 975 and be deemed always to have bee n
inserted.
2- Ins. by section 4 (b) of UP Act No 5 of 1977 and be deemed always to have been
inserted.
193
[The Uttar Pradesh State Universities Act, 1973] [Section 13]
(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 V ice-Chancellor for a term not exceeding six months as he
may specify-
(a) where a vacancy in the o ffice of Vice -Chancellor occurs , or is
likely to occur by reason of l eave or any other cause, not being resignation or
expiry of term, of which a report shall forthwith be made by the Registrar to
the Chancellor;
(b) where a vacancy in the office of Vice -Chancellor occurs and it
cannot be conveniently and expedi tiously filled in accord ance 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 appoint ment (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 where
there is no Pro -Vice-Chancellor, the senior most Professor of the University in the
case of the University of Gorakhpur and any University mentioned in or specifi ed
under section 38, or the senior-most Principal of an affiliated college in the case of
any other University shall discharge the duties of the Vice-Chancellor as well.
{(12) If in the pinion 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 mak ing 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 refra in from performing the functions of
the office of Vice -Chancellor, but shall continue to get the emoluments to
which he was otherwise entitled under sub-section (8);
(b) the functions of the office of the vice -Chancellor shall be performed
by the person specified in the order.}1
Powers and
duties of the
Vice-
Chancellor
13- (1) The Vice-Chancellor shall be the principal executive and academic officer
of the University and shall-
(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 associated colleges ;
1- Ins. by section 5 of U.P Act No. 20 of 1994.
194
[The Uttar Pradesh State Universities Act, 1973] [Section 13]
(b) give effect to the decisions of the authorities of the University ;
(c) in the absence of the Chancellor, preside at meetings of the Court
and at any convocation of the University;
(d) be responsible for the maintenance of discipline in the University.
[(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 academic session of
the University starts and ends on proper dates.]2
(2) He shall bean 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 ta ke part in the
meeting of any other au thority or body of the Universi ty 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 provis ions of this Act, the S tatutes and the Ordinances and he
shall, without prejudice to the powers of the Chancellor (under sections 10 and 68]l
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 Court, the Academic Council and
the Finance Committee :
Provided that he may delegate this power to any other officer of the
University.
(6) {Other than appointment of teacher of the University} 1 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 the matter :
Provided that no such action shall be taken by the Vice -Chancellor wi thout
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 officer, authority or other body is of opinion that
such action ought not to, have been taken it may, refer the matter to the Chancellor
who may either confirm the action ta ken by the Vice Chancellor or annul the same
or modify it in such manner as he thinks fit and thereupon it shall cease In have
affect or, as the case may be, taken effect in the modified form so however, that
such annulment or modification shall be w ithout prejudice to the validi ty of
anything previously done by or under the order of the Vice-Chancellor;
1. Subs by section 7 of U. P. Act no. 29 of 1974.
2. Ins. by section 5 of U.P Act No. 5 of 1977.
3. Ins. by section 2(a) of U.P Act No. 1 of 1992.
195
[The Uttar Pradesh State Universities Act, 1973] [Section 14-15]
Provided also that any person i n the service of the University who is
aggrieved by the action taken by the Vice-Chancellor under' this sub-section, shall
have the right to appeal against such action to the Executive Council within three
months from the da te on which decision on such action is communicat ed to him
and thereupon the Execu tive Council may con firm, 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 in cur any expenditure not duly authorized and provided f or in the
budget.
(8) Where the exercise of the power by the Vice -Chancellor under sub -
section (6) involves the appointment of an officer {***}1 such appointment shall
terminate on 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 which ever is earlierExcerpt shown. Open the full act in Lexace.