LexThe University of Engineering and Technology Roorkee Act, 2020
Uttarakhand · state statute
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The University of Engineering and Technology Roorkee, Act, 2020.
[Uttarakhand Act No. 7 of 2021]
An
Act
To establish and incorporate a Private University in the name of University of
Engineering and Technology Roorkee with the objective of providing facilities of Education,
Training and Research work in Technical Education, Higher Education, Management
Education, L aw Education, Social Science, General Science , Journals and related areas ,
sponsored by Seth Roshan Lal J ain Trust, 07 KM Roorkee Haridwar Road, Vardhmanpuram ,
Roorkee, District Haridwar registered under the Indian Trusts Act, 1882.
It is hereby enacted by the Uttarakhand State Legislative Assembly in the Seventy First
Year of the Republic of India as follows;
CHAPTER- I
Preliminary
Short title and
Commencement
1. (1) This Act may be called the University of Engineering and
Technology Roorkee Act, 2020.
(2) It shall come into force on such date, as the State
Government may by notification in the official Gazette,
appoint.
Definitions 2. In this Act, unless the context otherwise requires :-
(a)
“Academic Council” means the Academic Council of the
University;
(b) “Board of Governors” means the Board of Governors of the
University;
(c) “Board of management” means board of management of the
University;
(d) “Chancellor”, “Vice-Chancellor”, “Pro Vice-Chancellor”,
“Registrar”, “Controller of Examination” and “Finance Officer”
respectively means the “Chancellor”, “Vice -Chancellor”, “Pro
Vice-Chancellor”, “Registrar”, “Controller of Examination”
and “Finance Officer” of the University;
(e) “Finance committee” means the Finance committee of the
University;
(f) “Authority” means the Authority of the University;
(g) “Statutory/Regulatory Body” means a body so constituted by
the Central/State Government Act for setting and maintaining
standards in the relevant areas of higher education, such as
All India Council for Technical Education (AICTE), National
Medical Co mmission (NMC), Dental Council o f India (DCI),
National Council for Teacher Education (NCTE), Central
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Council of India n Medicine (CCIM) and Bar Council of India
(BCI), etc.;
(h) “Government” means the Government of Uttarakhand;
(i) “Faculty” means faculty of the University.
(j) “State” means State of Uttarakhand;
(k) “Open and Distance learning’’ mode means a mode of
providing flex ible learning opportunities by overcoming
separation of teacher and learner using a variety of media,
including print, electronic, online and occasional interactive
face-to-face meetings with the presence of an H igher
Education I nstitution or Learner Support Services to deliver
teaching-learning experiences, including practical or work
experiences;
(l) “Employee” means employee appointed by the University
and also includes teachers and other staff of the University.
(m) “Hall” or “ Hostel” means a unit of residence for students
maintained or recognized by the University ;
(n) “Permanent Resident” means any resident of the state who
has the valid domicile/permanent resident certificate the
state of Uttarakhand issued by the prescribed authority as
per the rules framed by the State Government from time to
time;
(o) Fee and Admission Regulatory Committee and its powers”
means the Fee and Admission Regulatory Committee
constituted under S ection 4 of the Uttarakhand U naided
Private Professional Educational Institutions (Admission and
Fee Regulation) Act, 2006 and the powers given to the
committee in the said Act;
(p) “Sponsor Trust” means Seth Roshan Lal Jain Trust , 07 KM
Roorkee Haridwar Road, Vardhmanpuram Haridwar
Uttarakhand registered under the Indian Trust Act 1882;
(q) “Degree” means a degree spec ified under sub -section (3) of
Section 22 of the University Grants Commission Act, 1956;
(r) “Statutes” and “Rules” mean, respectively the statues and
Rules of the University;
(s) “Teacher” means a Professor, Associate Professor, Assistant
Professor, Lecturer or such other person as may be appointed
under norms of University G rants C ommission for imparting
instruction or conducting research in the University;
(t) “University Grant commission’ means University Grants
Commission established under University Grants Commission
Act, 1956;
(u) “University” means the University of Engineering and
Technology Roorkee established under this Act;
(v) “Visitor” means the Visitor of the University;
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CHAPTER- II
The University and its Objects
Proposal for the
establishment of
the University
3. (1) The Sponsor Trust shall have the right to establish the
University of Engineering and Technology Roorkee in
accordance with the provisions of this Act.
(2) Containing the proposal related to establish ment of
University along with documents has been presented to the
State Government by the Sponsor Trust.
Establishment of
the University
4. (1) A University in the name of University of Engineering and
Technology Roorkee, shall be established by the sponsor Trust
in Haridwar Uttarakhand.
(2) The University shall be a corporate body;
(3) The Headquarters of University shall be at 07 KM Roorkee
Haridwar Road, Vardhmanpuram , Roorkee District Haridwar
Uttarakhand;
(4) The Chancellor, the Vice-Chancellor, members of the Board of
Governors, members of the Board of Management and the
Academic Council for the time b eing holding office as such in
the University so established, may sue and be sued in the
name of the University.
(5) The land, building and other properties acquired for the
university shall not be used for any purpose, other than that
for which the same is acquired.
(6) The University shall fulfill th e minimum criteria in terms of all
courses, faculty, land, building and an y other infrastructural
facilities, financial viability, etc ., a s laid down from ti me to
time by the UGC and other concerned Statutory/Regulatory
body.
(7) On the establishment of the University , the land and other
movable and immovable properties acquired created,
arranged or built by the University for the purpos e of the
University, except the properties of Sponsor Trust, shall stand
transferred to and vested in the University.
(8) The University shall not offer its programmes through
franchising arrangement with private coaching institutions
even though the courses are to be conducted through
distance mode.
(9) The University shall compl y with the U niversity Grants
Commission (Establishment and Maintenance of Standards in
Private Universities) Regulation, 2003 and amendments made
therein from time to time.
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(10) The University shall comply with the University Grants
Commission (Open and Distance Learning) Regulation, 2017
and amendments made therein from time to time;
(11) The University s hall award only such degrees as are specified
by the Universi ty Grants Commission and published in the
Official Gazette;
(12) The University s hall conduct their first degree and Masters
degree programmes in accordance with the regulations
notified by the University Grants Commission in this regard.
Conditions for the
establishment of
the University
5. The Sponsor Trust shall for the purposes of establishing the University
under this Act shall fulfill the following conditions, namely.
(a) Have ownership of minimum 10 acres contiguous land for the
university;
(b) Building c onstruction on land mentioned in clause (a) of
minimum of 20,000 sqm carpet area in which at least 50
percent, shall be for academic and administrative purposes;
(c) Equipments have been established in offices and laboratories
of the building as specified in c lause (b) worth of minimum
rupees four crore;
(d) The university shall establish a permanent endowment fund
in the name of the State Government Under section 45.
Starting of the
University
6. (1) The State Government shall issue the authority letter after
verifying the proposal along with documents received from
the Sponsor Trust to the effect that all conditions referred to
in section 5 has been fulfilled.
(2) The Sponsor Trust shall start the functioning of the University
only after obtaining the authority letter for the
commencement of the functioning of the University, by the
State Government.
University shall
not be entitled
for any financial
Assistance etc
7. The University shall be self-financed and shall neither make a demand nor
shall be entitled to any grant in -aid or any other financial assistance from
the State Government or any other body or corporation owned or
controlled by the State Government.
No power to
affiliate any
institution
8. The University shall have no p ower to affiliate any college or institution
for conducting courses leading to award of its diplomas, degrees or other
qualifications.
Objectives of the
university
9. The objectives for which the University is established are as follows:-
(a) To provide for extensive study, teaching, and research of all
elements of Technical Education, Higher Education, Law
Education, Social Science, General Science;
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(b) To conduct the courses of Technical Educa tion Management
Education, Higher Education, Law Education, Social Science,
General Science , Journ alism etc; with the prior permission
and to adhere to procedure and norms laid down by UGC and
Statutory/ Regulatory body and State Government;
(c) To pr omote research and innovations in the Technical,
Management, Higher education, Journalism;
(d) To undertake external studies, extension programs and
external field out activities to contribute to the development
of society;
(e) To promote N ational integration, secularism, social and
international harmony and engineering of ethics;
(f) To contribute to the promotion and development of
economically and socially deprived class and provide to such
students the opportunity to join mainstream.
(g) As required, doing all such works that is necessary, relevant
and helpful for achieving all or any of the objectives of the
University.
Powers of the
University
10. The University shall have the following powers, :-
(a) To make education arrangements in all subjects pertaining to
Technical Education, Management, Higher Education, Law
Education, Social Science, General Science ; Journalism and to
provide for the promotion and dissemination of research and
knowledge;
(b) To carry out all such activities as may be necessary or feasible
for achieving the objects of the University;
(c) To hold examinations for, and to institute grant and confer
degrees or other academic distinctions to, and on, persons,
who-
(i) Have pursued a course of study in the University or in a
distance education system; or
(ii) Have c arried on research in the University or under its
distance education system.
(d) To confer honorary degree or other academic distinctions in
the manner and under condition laid down in the
Statutes/provisions;
(e) To award fellowships, scholarships, and prizes etc. in
accordance with the Statutes;
(f) To demand and receive such fee, bills and invoices and collect
charges as may be fix ed by the Statutes or rules, as the case
may be;
(g) To make provisions for the advancement of education in
Technical Education, Higher Education, Law Education, Social
Science, General Science ; Journalism and other areas
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mentioned in Section 9;
(h) To provide other extracurricular activities for students and
employees apart from education;
(i) To make appointment of faculty, officers and employees in
the University;
(j) To receive donations and gifts of any kind and to acquire,
hold, manage maintain and dispose of any movable and
immovable property, including trust and endowment
properties for the purpose of the University with the prior
permission of Sponsor Trust.
(k) To establish and maintain halls and to decide places of
residence for students of the University;
(l) To supervise and control the residence, and r egulate the
discipline among the students and all categories of employees
and to lay down the conditions of service of such employees,
including their Code of Conduct;
(m) To create the necessary posts of the employees in the
administrative, management and other sectors;
(n) To co-operate or c ollaborate with other Universities in such a
manner and for such purposes as the universit y may
determine from time to time.
(o) To provide distance education system and the manner in
which distance education in relation to the academic
programs of the University may be organized as per procedure
and norms prescribed by University G rants C ommission and
other concerned Statutory/Regulatory body;
(p) To organize and conduct refresher courses, orientation
courses, workshops, seminars, and other programs for
teachers, lesson writers, evaluators and other academic staff;
(q) To determine standards of admissions to the University
through specialized committees with the approval of
Academic Council;
(r) To make special provision for students belonging to the state
of Uttarakhand for admission in any course of the University;
(s) To do all suc h other acts whether i ncidental to the powers
aforesaid or not, as may be necessary to pursue the objectives
of the University;
(t) To prescribe courses for Bachelor Degree, Post Graduate and
Research and to start the courses for diploma, certificates etc;
(u) To clearly set apart Academic Activities of the University from
the activities the sponsor trust;
(v) To make arrangement s for the preparation of instructional
materials, including films, cassettes, tapes, video cassettes,
CD, VCD and other software’s;
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(w) To recognize examinations, or periods of study (full o r partial)
at, other universities, Institutions or other places of higher
learning as equivalent to examination or periods of study in
the University and to withdraw such recognition at any time;
(x) To raise, collect, accept and get loan with the approval of the
Board of Governors, with or without the security of property
of the University for the purpose of the University;
(y) To enter into, carry out, vary or cease contracts;
Access to all
classes, castes,
creed, and gender
in the university
11. The University shall be open to all persons irrespective of class, castes,
creed or gender:
Provided that nothing in this Section shall be deemed to prevent
the University from making special provisions for admission to students of
the State of Uttarakhand:
Provided further that nothing in this Section shall be deemed to
require the University to admit in any course of Study a larger number of
students than may be determined by the UGC and other concerned
Statutory/ Regulatory body.
National
Accreditation
12. The University shall seek accreditation from the various national
University accreditation bodies as per rules.
CHAPTER-III
Officers of the University
Officers of
the University
13. The following shall be the officers of University:
(a) The Visitor;
(b) The Chancellor;
(c) The Vice-Chancellor;
(d) The Pro Vice Chancellor;
(e) The Dean of faculties;
(f) The Registrar;
(g) The Finance Officer; and
(h) Such other officers as m ay be declared by the statu tes as the
officers of the University.
The Visitor 14. (1) The Governor of Uttar akhand shall be the Visitor of the
University.
(2) The Visitor shall, when present, preside at the c onvocation of
the University for conferring degree and diplomas.
(3) The Visitor shall have the following powers, namely:-
(a) To call for any record, paper or information relating to the
affairs of the university.
(b) On the basis of the information received by the Visitor, if he is
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satisfied that any order, minutes or decision whether taken
by any authority or University is not in c onformity with the
Act, Statu tes, Regulation O rdinance or Rules he may issue
such directions as he may deem fit in the interest of the
University and the directions so issued shall be complied wi th
by all concerned office bearers.
(4) Every proposal for the conferment of an honorary degree or
distinction shall be subject to the approval of the Visitor.
The Chancellor 15. (1) Chairman of Sponsor Trust shall be the first Chancellor of the
University, who se tenure shall be of three years. T hereafter
Sponsor Trust with the prior concurrence of the Visitor, shall
appoint Chancellor from amongst its members.
(2) The Chancellor shall have such powers as may be conferred
on him by this Act or the Statutes made there under.
The Vice-
Chancellor
16. (1)
The Vice-Chancellor shall be appointed on such terms and
conditions as may be prescribed by the Statutes for a terms of
three years by the Chancellor from a panel of three persons
recommended by the Committee constituted in accordance
with the provisions of sub-section (2).
(2) The Committee referred to in sub -section (1) shall consist of the
following persons, namely:-
(a) One member nominated by the Visitor;
(b) One member nominated by the Chancellor
(c) The Principal Secretary/Secretary to the State Government in
the Higher Education Department;
(d) Four members nominated by the Board of Governors, one of
them shall be nominated as the convener of the committee
by the Board of Governors.
(3) The Committee shall, on the basis of me rit prepare a panel of
names of three persons suitable to hold the office of the Vice-
Chancellor and forward the same to the Chancellor along
with a concise statement showing the academic qualifications
and other particulars of each person.
(4) The Vice -Chancellor shall be the Principal Executive and
Academic Officer of the University who shall exercise general
supervision and control over the affairs o f the University and
give effect to the decisions of the authorities of the
University.
(5) Where any matter other than the appointment of a teacher is
of urgent nature requiring immediate action and the same
could not be immediately dealt with by any officers or the
authority or other body of the University empowered by or
under this Act to deal with it, the Vice -Chancellor may take
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such action as he may deem fit with prior approval of the
Chancellor.
(6) The Vice -Chancellor shall exercise such oth er p ower and
perform such other duties as may be laid down by the
Statutes or the Rules.
(7) The Chancellor has power to remove the Vice -Chancellor
after due enquiry. It shall be o pen to the Chancellor to
suspend the Vice -Chancellor during enquiry keeping in view
upon the seriousness of the charges, as he may deem fit.
Pro Vice-
Chancellor
17. A Pro Vice -Chancellor may be appointed by the Vice -Chancellor with prior
approval of the Chancellor in such manner as may be prescribed by Statutes
and shall exercise such power and perform such duties as may be
prescribed by the Statutes.
Dean of
Faculties
18. Deans of faculties shall be appointed by the Vice-Chancellor in such manner
as may be prescribed in the status and shall exercise such power s and
perform such duties as may be prescribed by the Statutes.
The Registrar 19. (1) The Registrar shall be appointed by the Chancellor in such
manner and on such term and conditions as may be
prescribed by the Statutes.
(2) The Registrar shall enter into and sign all contracts on behalf
of the University.
(3) The Registrar shall have the power to authenticate records on
behalf of the University and shall exercise such other power
and perform such other duties as may be prescribed or may
be required by the Ch ancellor or the Vice -Chancellor from
time to time.
(4) The Registrar shall be responsible for the due custody of the
records and the common seal of University and shall be
bound to place before the Chan cellor, the Vice -Chancellor or
any other authority, all such information and document as
may be necessary for transaction of their business.
The Finance
Officer
20. The Finance Office r shall be appointed by the Chancellor in such manner
and s hall exercise such powers and perform such duties as may be
prescribed.
Other officers 21. The manner of appointment, terms and condition of service and power and
duties of the officers of the University shall be such as may be prescribed.
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CHAPTER-IV
Authorities of the University
Authorities of
the University
22. The following shall be the authorities of the University, namely:-
(a) The Board of Governors;
(b) The Board of Management;
(c) The Academic Council;
(d) The Finance Committee; and
(e) Such other authorities as may be declared by the Statutes to be
authorities of the University;
The Board of
Governors and
its Power
23. (1) The Board of Governors shall consist of:-
(a) The Chancellor - Chairman;
(b) The Vice Chancellor – Member-Secretary;
(c) Principal Secretary/Secretary to the State Government in the
Higher Education Department;
(d) Five persons nominated by the Sponsor Trust;
(e) An officer amongst from the officers nominated in the
institutes such as Central University, Indian Institute of
Technology/Indian Institute of Management/Indian Institute of
Science/Institute of National Ayurveda nominated by the
Chancellor;
(f) Three teachers nominated by the Visitor;
(g) Three nominees of industries nominated by the Visitor.
(2) The Board of Governors shall be the chief governing body of the
University & shall have the following powers, namely:--
(a) to determine policies to be followed by the University;
(b) to review decisions of the other authorities of the university if
they are not in conformity with the provision of this Act, or the
Statutes or the Rules;
(c) to approve the budget and annual report of the University;
(d) to make new or additional Statutes or Rules or amend or
repeal, the earlier statutes and Rules;
(e) to take decision about voluntary winding up of the university;
(f) to approve proposals for submission to the State Government;
and
(g) to take such decisions and steps as are found desirable for
effectively carrying out the objectives of the University.
(3) The Board of Governors shall, meet at least three times in a year at
such time and place as the Chancellor thinks fit.
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The Board of
Management
24. (1) The Board of Management shall consist of following members:-
(a) The Vice-Chancellor;
(b) An officer amongst from the officers nominated in the Indian
Institute of Technology/Indian Institute of Management/Indian
Institute of Science/Institute of National Ayurveda nominated
by the Chancellor;
(c) Five Persons, nominated by the Sponsor Trust;
(d) Two Professor of the University, by rotation on the basis of
seniority for a period of one year;
(e) Two Deans of the faculties nominated by the Chancellor;
(f) Principal secretary/Secretary to the Government in the Higher
Education Department or person nominated by him not below
the rank of Joint Secretary to the State Government. The Vice -
Chancellor and the Registrar shall be the Chairperson.
(g) The Registrar shall be the Secretary of the Board of
Management.
(2) The powers and functions of the Board of Management shall be such
as may be prescribed
The Academic
Council
25. (1) The Academic Council shall consist of following members:-
(a) the Vice-Chancellor—Chairman;
(b) the Registrar –Secretary;
(c) Such other members as may be prescribed in Statutes.
(2) The Academic Council shall be the Principal Academic body of the
University and shall, subject to the provisions of this Act, and the
Statutes and the Rules made there after, co-ordinate and exercise
general supervision over the academic policies of the University
The Finance
Committee
26. (1) The Finance Committee shall consist of:-
(a) the Vice-Chancellor—Chairman
(b) the Finance Officer;
(c) Principal Secretary/Secretary to the State Government in the
Higher Education Department or person nominated by him not
below the rank of Joint Secretary to the State Government;
(d) Such other member as may be the prescribed in the Statutes.
(2) The Finance Committee shall be the Principal financial body of
the University who shall look after the financial matters and
shall, subject to the provisions of this Act, Statutes and Rules,
co-ordinate and exercise general supervision ove r the financial
matters of the University.
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Other
Authorities
27. The constitution, power and functions of the other Au thorities of the
University shall be such as may be prescribed in Statutes/Rules.
Proceeding
not
Invalidated on
account of
Vacancy
28. No act or proceeding of any authority of the University shall be invalid
merely by reason of the existence of an y vacancy in the constitution of the
authority.
Fee 29. The fee of the courses run by the university shall be determinated by the
Admission and Fee Regulatory Committee.
CHAPTER-V
Statutes and Rules
Statutes 30. Subject to the provisions of this Act, the statutes may provide for any
matter relating to the University and officers, employees as given below :-
(a) The procedure for transaction of business of the Authorities of
the University and the composition of bodies not specified in
this Act;
(b) The operation of the permanent endowment fund, the
general fund and the development fund;
(c) Appointment of the Chancellor, his powers and functions;
(d) The terms and conditions of appointment of the Vice -
Chancellor, the Registrar and the Finance officer and their
powers and functions;
(e) The mode of recruitment and the conditions of service of the
other officers, teachers , faculty members and employees of
the University;
(f) The procedure for resolving disputes between the Un iversity
and its officers, teachers, faculty members, employees or
students;
(g) Creation, abolition or restructuring of departments and
faculties;
(h) The manner of co -operation with other Universities or
Institutions of higher learning.
(i) The procedure for conferment of honorary of degrees;
(j) Provisions regarding grant of free education and scholarships;
(k) Number of seats in different courses and the procedure of
admission of student to such courses including reservation of
seats and procedure of reservation for students of
Uttarakhand.
(l) Constitution of fellowships, scholarships, studentships, fee
waiver, medals and prizes;
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(m) procedure for creation and abolition of posts;
(n) other matters which may be prescribed.
Statutes how
to be made
31. The First statutes framed by the Board of Governors shall be submitted to
the St ate Government for its approval within three months after the
application of Act , which may, within three months from the date of
receipt of the Statutes give its approval with or without modification.
Power to
amend the
Statutes
32. The Board of Governors may, with the prior approval of the State
Government, make new or additional statutes or amend or repeal the
Statutes.
Rules 33. Subject to the provisions of this Act, the Rules may be provided for all or
any, of the following matters, namely:-
(a) Admission of students in the University and their enrolment
and continuance as such;
(b) The course of s tudy to be laid down for all degrees and other
academic distinctions of the University;
(c) Award degree and other academics distinctions;
(d) The conditions of the award of fellowships, scholarships,
studentships, medals, and prizes;
(e) The conduct of examinations and the conditions and mode of
appointment and duties of examining bodies examiners,
invigilators, tabulators and moderators;
(f) Fee chargeable from students for various courses;
(g) The fee to be charged for admission to the examination,
degrees and other academic distinctions of University;
(h) The conditions of residence of the students at the University ;
(i) To maintain discipline among the students of the University;
(J) All other matters as may be provi ded under the rules made
under this Act.
Rules how to
be made
34. The First rules framed by the Board of Governors shall be submitted to the
State Government for its approval within three months after the
application of the Act, which ma y within three months from the date of
receipt of the rules give its approval, with or without modification.
Power to
amend Rules
35. The Board of Governors may, with the prior approval of the State
Government, make new or additional rules or amend or repeal the rules.
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CHAPTER-VI
Miscellaneous
Service
condition of
employee
36. (1) Every employee shall be appointed under a written contract, which
shall be kept in the University and a copy of which shall be
furnished to the employee concerned.
(2) Disciplinary action against the students, employees, teachers and
officers shall be governed by procedure prescribed in the Statutes.
(3) Any dispute arising out of the contract between the University and
an employee shall, at the request of the employee, be referred to a
tribunal of arbitration consisting of one member appointed by the
Board of Management, one member nominated by the employee
concerned and an Adjudicator appointed by the Chancellor.
(4) The decision of the tribunal in such matter shall be final.
(5) The procedure for regulating the work of the Tribunal shall be such
as may be prescribed.
Provision for
Permanent
Resident of
Uttarakhand
37. (1) For admission in various courses conducted by the University,
minimum 40 percent seats shall be reserved for the permanent
residents of the State of Uttarakhand. If the reserved seats for
permanent residents remain vacant, than the vacant seats may be
filled from amongst the other candidates.
(2) 25 percent rebate shall be given to the permanent residents of
Uttarakhand in the fees fixed for various courses conducted by the
University, as mentioned in sub-section (1) above.
(3) All posts of Group ‘C’ and ‘D’ employees shall be filled by the
permanent residents of State of Uttarakhand.
(4) The U niversity shall follow the reservation policy of the State
Government with regard to seats reser ved under sub section (1)
above, as amended from time to time.
Right to appeal 38. Notwithstanding anything containe d in the Act, Every employe e or
student of the University have a right to appeal within such time as may
be prescribed, to the Board of Management against the decision and
thereupon the Board of Management may confirm, modify, alter or cancel
the decision appealed against.
Provident fund
and pension
39. The University shall constitute for the benefit of its employee such
provident or pension fund and provide such insurance scheme as it may
deem fit in such manner a nd subject to such conditions as ma y be
prescribed.
Disputes as to
constitution of
University
40. 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 University,
15
authorities And
bodies
the ma tter shall be referred to the Chancellor whose decision thereon
shall be final.
Constitution of
Committee
41 Whenever any authority of the University is given power by this Act or the
statues to constitute Committee, such committees shall, save as otherwise
provided, consist o f any or all the members of the authority concerned
and of such other person, if any, as the authority in each case thinks fit.
Filling of causal
Vacancies
42. Any causal vacancy among the members, other tha n ex-officio members
of any Authority or body of the University shall be filled in same manner in
which the member whose vacancy is to be filled up, was chosen, and the
person filling vacancy shall be a member of such authority or body for the
remaining term for which the person whose place he/she fills would have
been a member
Protection of
action taken in
good faith
43. No suit or other legal proceeding shall lie against any officer or other
employee of the University for anything, which is done or intended to be
done in good faith in pursuance of the provisions of this Act, the Statutes
or the Rules made there under.
Transitional
Provision
44. Notwithstanding anything contained in any other provision of this Act and
the Statutes:-
(a) The first vice-Chancellor, Pro-Vice-Chancellor, if any shall be appointed
by the chancellor and the said officer shall hold office for a term of
three years;
(b) The first Registrar and the first Finance Officer shall be appointed by
the Chancellor who shall hold office for a term of three years;
(c) The first Board of Governors shall hold office for a term not exceeding
three years;
(d) The first Board of Management, the first Finance Committee and the
first Academic council shall be constituted by the Ch ancellor for a
term of three years.
Permanent
Endowment
fund
45. The University shall establish a permanent endowment fund of Rs. Five
Crores in the form of a Bank Guarantee of a Nationalized Bank pledged in
the name of State Government of Uttarakhand wh ose tenure shall be five
years and after that shall be renewed for five years again and the said
Bank Guarantee shall be increased by 25 percent after every five years.
General fund 46. (1) The University shall establish a general fu nd to which the following
amount shall be credited, namely:-
(a) All fees which may be charged by the University;
(b) All amount received from any other source;
16
(c) All contributions made by the Sponsor Trust;
(d) All contribution/donations made in this behalf by any other
person or body, which are not prohibited by any law for the
time being in force.
(2) The funds credited to the general fund shall be applied to meet all
the recurring expenditure of the University.
Development
fund
47. (1) The University shall so establish a development fund to which the
following funds shall be credited, namely:-
(a) Development fees which may be charged from students;
(b) All amounts received from any other source for the purpose
of the development of the University;
(c) All contributions made by the sponsor Trust.
(d) All contribution/donation made in this behalf by any other
person or body which are not prohibited by any law for the
time being in force; and
(e) All incomes received from the permanent endowment fund.
(2) The funds credited to the development fund from time to time
shall be utilized for the development of the University.
Maintenance
of fund
48. The funds established under sections 45, 46 and 4 7, shall subject to
general supervision and control of the Board of Governors, be regulated
and maintained in such manner as may be prescribed.
Annual Report 49. (1) The annual report of the U niversity shall be p repared under the
direction of the Board of Management and shall be submitted to
the Board of Governors for its approval.
(2) The Board of Gover nors shall consider the annual r eport in its
meeting and may approve the same with or without modification.
(3) A copy o f the annu al report duly approved by the B oard of
Governors shall be forwarded to Visitor and the State Government
before 31 December subsequent to the closing of the financial Year
in 31 March every year.
Account and
Audit
50. (1) The annual accounts and balance sheet of the University shall be
prepared under the direction of the Board of Management and all
funds accrued to or received by the University from any source and
all amount disbursed or paid shall be entered in the accounts
maintained by the University.
(2) The annual accounts of the University shall be audited by an
auditor, who is a member of the Institute of Chartered Accountants
of India (ICAI), every year.
(3) A copy of the annual accounts and the Balance sh eet together with
the audit report shall be submitted to the Board of Governors
17
before 31 December subsequent to the closing of the financial year
in 31 March every year.
(4) The annual accounts, the b alance sheet and the audit report shall
be consi dered by the Board of Governors at its meeting and the
Board of Governors shall forward the same to the Visitor and the
State Government along with its observation thereon before the
31st December every year.
(5) The direction of the State Governme nt on the subject arising out of
the accounts and audit report of the University shall be binding on
the University.
Mode of
proofing the
University
record
51. A copy of any receipt, application, notice, order, proceeding or resolution
of any authority or committee of the university or other documents in
possession of the University or any entry in any register duly maintained
by the University, if certified by the Registrar, shall be received as
primafacie evidence of such receipt, applica tion, notice, order,
proceeding, resolution or document or the existence of entry in the
register and shall be admi tted as evidence of the matters and transaction
therein recorded as original thereof is produced.
Dissolution of
University
52. (1) If Sponsor Trust proposes dissolution of the University of
Engineering and Technology Roorkee in accordance with the law
governing its constitution or incorporation; it shall give at least
three months prior notice in writing to the State Government.
(2) On identification of mismanagement, maladministration, in -
discipline, failure in the accomplishment of the objects of
University and economic hardships in the management systems of
University, the State Government would issue directions to the
management systems of university. If the directions are not
followed within such time as may be prescribed by the State
Government, the right to take direction for winding up of the
University shall vest in the State Government after giving due
opportunity of being heard to the management of the university.
(3) The manner of winding up of the University would be such as may
be prescribed by the State Government in this behalf.
(4) On receipt of the notice referred to in subsection (1), the State
Government shall acquire the administration of the university as
per rules.
Expenditure of
the University
during
Dissolution
53. (1) The expenditure for administration of the University during the
taking over period of its management under section 52 shall be met
out of the permanent endowment fund, the general fund or the
development fund,
(2) If the funds referred to in -sub-section (1) are not sufficient to meet
the expenditure of the University during the taking over period of
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its management, such expenditure may be met by disposing of the
properties or assets of the University, by the State Government
Power to
remove
difficulties
54 (1) If any difficulty arises in giving effect to the provision of thi s Act,
the State Government may, by a order published in the official
Gazatte, make such provision, not inconsistent with the provisions
of this Act, as appear to it to be necessary or expedient, for
removing the difficulty:
Provided that no order under sub -section (1) shall be
made after the expiration of a period of three years from the
commencement of this Act.
(2) Every order made under sub -section (1) shall, as soon as may be
after it is made, be laid before the State legislative Assembly.
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