LexThe Uttarakhand Petroleum and Energy Studies Act
Uttarakhand · state statute
Open in Lexace · Ask the AI about this actTHE 3{UPES} ACT, 2003
[Act No. 15 of 2003]
AN
ACT
to establish and incorporate an University in the name of 3{UPES} with facilities for education,
training and research in the areas of petroleum and Energy studies and related areas sponsored by
Hydrocarbons Education & Research Society, registered under Societies Registration Act, 1860 at New
Delhi.
It is hereby enacted in the fifty fourth year of the Republic of India as follows:
CHAPTER -1
Preliminary
Short title and
commencement
1- (1) This Act may be called the 3{UPES} Act, 2003.
(2) It shall be deemed to have come into force on the date, the notification is
issued by the State Government.
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) “Career Academy Centre” means a centre established, maintained of
recognized by the University for the purpose of receiving telecast, e -mail,
internet, interactive talk back, conduction training, organize lectures, seminars
and workshops, advising, counseling or rendering any other assistance
required by the students;
(d) “Chancellor” means the Chancellor of the University;
[(e) “Constituent College” me ans a college or institution within the State
maintained by the University;]2
(f) “Council for Technical Education” means the All India Council for Technical
Education established under section (3) of the All India Council for Technical
Education Act, 1987;
[(g) “Distance Education system” means the system of imparting education with in
the State through any means of information technology and communication
such as multimedia, broadcasting, telecasting online o n internet, other
interactive metho ds, e -mail, internet, computer, e-learning, correspondence
course or a combination of any two or more of such means;]2
(h) “Employee” means employee appointed by the University and includes
teachers and other staff of the University or a constituent college;
(i) “Faculty” means faculty of the University;
(j) “Finance Committee” means the Finance Committee of the University;
(k) “Government” means the Government of [Uttarakhand]1 ;
1. Substituted by section 2 of Uttarakhand Act No. 06 of 2010.
2. Subs. by section 3 ibid.
3. Subs name by section 2 of Uttarakhand Act no 19 of 2022.
(l) “Hall” means a unit of residence for students maintained or recognized by the
University or a constituent college;
(m) 3¿“Hydrocarbons Education And Research Society” means society registe red
under S ocieties Registration Act, 1860 having registered office presently at
210, 2nd Floor, Okhla Industrial Estate, Phase III, Okhla, New Delhi 110020;À
(n) “Prescribed” means prescribed by the statutes;
(o) “Principal” in relation to a constituent college, means the head of the
constituent college, and includes, where there is no principal , the Vice
principal or any other person for the time being appointed to act as principal;
(p) “Registrar” means the Registrar of the University;
(q) “Regional Centre” means a centre established or maintained by the University
for the purpose of co -ordination and supervising the work of study centers in
any region and for performing such other functions as may be conferred on
such centre by the Board of Management;
(r) “State” means State of [Uttarakhand]1 ;
(s) “Statutes” and Rules” mean, respectively, the statutes and Rules of the
University;
[(t) “Study Centre” means a centre within the State, established, maintained and
recognized by the University for the pu rpose of advising, counseling or for
rendering such other assistance required by the students;]2
(u) “Teacher” means a professor, Associate Professor, Assistant Professor/Lecturer
or such other person as may be a ppointed for imparting instruct ion or
conduction research in the University or in a Constituent College and includes
the principal of constituent college;
(v) “UGC” means University Grants Commission established under university
Grants Commission Act, 1956;
[(w) “University’ mea ns proposed University of Petroleum a nd Energy Studies
established under this Ac which shall function with on the State of
Uttarakhand and shall comply with the orders and guidelines of the University
Grants Commission;]2
(x) “Visitor” means the Visitor of the University.
CHAPTER -2
The University and its Objects
Proposal for
the establish -
ment of the
University
3- (1) Hydrocarbons Education and Research Society, New Delhi shall have the
right to establish the University in accordance with the provisions of this Act.
(2) An application containing the proposal to establish a University shall be made
to the State Government by the Hydrocarbons Education And Research
Society. The proposal shall contain the following particulars, namely:-
(a) the objects of the University along with the de tails of the Hydrocarbons
Education And Research Society;
(b) the extent and status of the University and the availability of land;
1. Substituted by section 2 of Uttarakhand Act No. 06 of 2010.
2. Subs. by section 3 ibid.
3. Subs. by section 4 of UK Act no 24 of 2018.
(c) the nature and type of programmes of study and research to be undertaken
in the University during a period of the next five years;
(d) the nature of faculties, courses of study and research proposed to be
started;
(e) the campus development such as buildi ngs, equipment and structural
amenities;
(f) the phased outlays of capital expenditure for a period of the next five
years;
(g) the item wise recurring expenditure, sources of finance and estimated
expenditure for each student;
(h) the scheme for mobilizing resources and the cost of capital thereto and the
manner of repayments to each source;
(i) the scheme of generation of funds internally through the recovery of fee
from students, revenues anticipated from consultancy and other activities
relating to the objects of the University and other anticipated incomes;
(j) the details of expenditure on unit cost, the extent of concessions or rebates
in fee freeship and scholarship for students belonging to economically
weaker sections and the fee structure indicating varying rate of f ee, if any,
that would be levied on non resident Indians and students of other
nationalities;
(k) the years of experience and expertise in the concerned discipline at the
command of the Hydrocarbons Education And Research Society as well
as the financial resources;
(l) the system for selection of students to the courses of study at the
University ; and
(m) status of fulfillment of such other conditions as may be required by the
State Government to be fulfilled before the establishment of the
University.
Establishment
of University
4- (1) Where the state Government, after such inquiry as it may deem necessary, is
satisfied that hydrocarbons Education And Research Society has fulfilled the
conditions specified in sub -section (2) of section 3, it may direct the
Hydrocarbons E ducation And Research Society to establish an Endowment
Fund.
(2) After the establishment of the Endowment Fund, the State Government may,
by notification in the Official Gazette, accord sanction for establishment of
the University.
[(3) The Headquarters of the University shall be at Dehradun, Uttarakhand and it
may a lso have campuses or regional centers, Study Centers and career
Academic Centers at other places in the State, as may be specified from time
to time.]1
(4) The Chancellor, the Vice -Chancellor, mem bers of the Board of Governors,
members of the Board of Management and the Academic Council for the time
being holding office as such in the University so established, shall constitute a
body corporate and can sue and be sued in the name of the University.
1. Substituted by section 4 of Uttarakhand Act No. 06 of 2010.
(5) On the establishment of the University under sub -section (2), the land and
other movable and immovable properties acquired, cr eated, arranged or built
by the University for th e purpose of the University except the properties o f
Hydrocarbons Education And Research Society, shall stand transferred to, and
vest in, the University.
(6) 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.
University not
to be entitled to
financial
assistance
5- The University shall be self -financing 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
6- The University may have Constituent Colleges, Regional Centres, Study
Centres and Career Academy Centres but shall have no power to admit any
other college or institution to the privileges of affiliation.
Objects or the
University
7- [(1) The objectives for which the University is established are as follows:-
(a) To provide extensive study, teaching and research in Humanities, Social
Science, Natural Science, Engineering Technology, Medical, Dental & Health
Science, Law Studies and Formal Science;
(b) To establish such college under the Regulation of University Grants
Commission with prior permission of University Grants Commission and the
State Government which may provide Certificate, Diploma, Undergraduation,
Post Graduation and Ph.D. Courses related to the abovesaid (a) and of
nomenclature by UGC and other Regulatory;
(C) To establish constituent Cen ter under the Regulation of University Grants
Commission with prior permission of University Grants Commission and the
State Government for the purpose of continuous education of the courses
mentioned in above said (a) and (b) to provide education through distance
learning program;
(d) Such activities or fields of study, incubation centers, startups etc which the
Academic council deems or ensure necessary and relevant from time to time
under the regulation of University Grants Commission;
(2) To establish an R & D center to promote research and innovations in any
discipline as in Section 7(1) (a) and (b) above and thereby,
(a) To provide for instructions and training in such related branches of
learning as it may deem fit;
(b) To provide for research for th e advancement and Dissemination of
knowledge in the college of any discipline mentioned in clause (a) and (b) of
subsection (1) of section (7).]
------------------------------------------------------------------
1- Subs. by section 5 of the UK Act no 24 of 2018.
Power of the
University
8- (1) The University shall have the following powers, viz:---
(a) 1[to provide for instructions in all disciplines related to Humanities, Social
Science, Natural Science, Engineering, Technology, Medical, Dental &
Health Science and Formal Science and to make provisions for research,
advancement and dissemination of knowledge therein;
(b) to carry out all such activities as may be necessary or feasible in
furtherance of the objects of the University;
(c) to hold examinations for, an d to institute Grants and confer degrees or
other academic distinctions to, and on, persons, who —
(i) have pursued a Program of study in the University or in a constituent
College or through its distance education system at regional
Center/Study Center/Career Academy Centre; or
(ii) have carried on research in the University or in a constituent body.]
(d) To confer honorary degree or other academic distinctions in the manner and
under conditions laid down in the Statutes/ provisions;
(e) To institute and awa rd fellowships, scholarships and prizes etc. in
accordance with the Statutes;
(f) to demand and receive such fees, bills, invoices and collect charges as may
be fixed by the Statutes or rules, as the case may be;
(g) to make provisions for the advancement of educa tion in Hydrocarbons,
petroleum and other areas mentioned in section 7;
(h) to make provisions for extra curricular activities for students and
employees;
(i) to make appointments of faculty, officers and employees of the University
or a constituent College, Regio nal Centre, Study Centre and Career
Academy Centre;
(j) to receive donations and gifts of any kind and to acquire, hold, manage,
maintain and dispose of any movable or immovable property, including
trust and endowment properties for the purpose of the Univer sity or a
constituent college, Regional Centre, Study Centre and Career Academy
Centre with the prior permission of Hydrocarbons Education And Research
Society, New Delhi;
(k) to institute and maintain halls and to recognize places of residence for
students or the University or in a Constituent College;
(l) to supervise and control the residence, and to regulate 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 administrative, managerial, employees and other necessary posts;
(n) to co-operate or collaborate with other Universities in such manner and for
such purposes as the University may determine from time to time;
(o) to provide distance education syste m and the manner in which distance
education in relation to the academic programmes of the University may be
organized;
(p) 1[to organize and conduct courses, orientation courses, workshops,
seminars and other programs for industry professionals, teachers, les son
writers, evaluators, research staff, academic staf f, technical officers,
students;]
(q) to determine standards of admission to the University or a Constituent
College, Regional Centre, Study Centre and Career Academy Centre
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 or in a constituent college,
regional center, study centre and career academy centre;
(s) to do all such other acts or things whether incidental to the powers aforesaid
or not, as may be necessary to further the objects of the University;
(t) 1[to prescribe such course for Bachelor Degree, Post Graduate and
Research and to start diplomas and certificates, etc in Humanities, Social
Science, Natural Science, Engineering, Technology, Medical, Dental &
Health Science, Legal Studies and Formal Science and related subjects;]
(u) to clearly set apart Academic Activities of the University from the activities
the society;
------------------------------------------------------
1- Subs. by section 6 of UK Act no 24 of 2018.
(v) to provide for the preparation of instructional materials, including films,
cassettes, tapes, CD,VCD and other software’s;
(w) to recognize examinations of, or periods of study (whether in full of in part)
at, other universities, institutions or other places of higher learning as
equivalent to examinations or periods of study in the University and to
withdraw such recognition at any time;
(x) to raise, collect, subscribe and borrow with the approval of the Governing
Body whether on the security of the University, money for the purpose of
the University;
(y) to enter into, carry out , vary or cancel contracts.
(2) Notwithstanding anything conta ined in any other law for the time being in
force, but without prejudice to the provisions of sub -section (1), it shall be the
duty of the University to take all such steps as it may deem fit for the
promotion of the open university and dist ance education systems and for the
determination of standards of teaching, evaluation and research in such
systems, and for the purpose of performing this function, the University shall
have such powers, including the power to allocate and disburse grants to
colleges, Re gional Centres and Study Centres whether admitted to its
privileges or not, or to any other University or institution of higher learning,
as may be specified by the Statutes.
University
open to all
classes, castes,
creed and
gender
9- The University sha ll be open to all persons irrespec tive of class, creed or
gender :--
Provided that nothing in this section shall be deemed to prevent the
University from making special provisions for admission to studen ts of the
State of [Uttarakhand] :
Provided further that nothing in this section shall be deemed to requires
the University or constituent colleges or Regional Centres or Study Centres or
Career Academy Centres to admit in any course of study a larger number of
students than may be determined by the statutes.
National
Accreditation
10- The University will seek accreditation from the national University
accreditation body.
CHAPTER-III
Officers of the University
Officers of the
University
11- The following shall be the officers of the University:--
(a) the Visitor;
(b) the Chancellor;
(c) the Vice-Chancellor;
(d) the pro Vice-Chancellor;
(e) the deans of faculties;
(f) the Registrar;
(g) the finance officer; and
(h) such other officers as may be declared by the Statutes to be officers of the
University.
2. Substituted by section 2 of Uttarakhand Act No. 06 of 2010.
The Visitor 12- (1) The Governor of Uttarakhand will be the Visitor of the University.
(2) The Visitor shall, when present, preside at the convocation of the University
for conferring degrees and diplomas.
(3) The Visitor shall have the following powers namely:--
(a) to call for any paper or information relating to the affairs of the
University.
(b) on the basis of the information received by the Visitor, if he is satisfied
that any order, proceeding, or decision taken by any authority of the
University is not in conformity with the Act, Statutes or Rules, he may
issue such directions as he may deem fi t in the interest of the University
and the directions so issued shall be complied with by all concerned.
(4) Every proposal for the confermen t of an honorary degree or distinction shall
be subject to the approval of the Visitor.
The Chancellor 13- (1) Chairman of Board of Studies of Indian School of Petroleum an institute
under the aegis of Hydrocarbons Education & Research society will be the
first Chancellor of the 1{UPES}, whose tenure shall be of three years.
Thereafter the Hydrocarbons Education And Research Society, with the prior
concurrence of the Visitor, would appoint Chancellor from amongst its
members.
(2) The Chancellor shall have such po wers as may be conferred on him by this
Act or the Statutes made thereunder.
The Vice-
Chancellor
14- (1) The Vice-chancellor shall be appointed on such terms and conditions as may
be prescribed by the Statutes for a term 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, viz,:-
(a) One person nominated by the Visitor;
(b) One person nominated by the Chancellor;
(c) The principal secretary/ Secretary to the State Government in the
Higher Education Department;
(d) Three nominees of the Board of Governors, one of whom shall be
nominated as the Governor of the committee by the Board of
Governors.
(3) The committee shall, on the basis of merit, 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 sowing the academic
qualifications and other distinctions of each person.
(4) The Vice-chancellor shall be the principal Executive and academic officer of
the University and shall exercise general supervision and control over the
affairs of the University and give effect to the decisions of the authori ties of
the University.
-----------------------------------------
1- Subs. by section 2 of Uttarakhand Act no 19 of 2022.
(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 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 with the prior approval of the Chancellor.
(6) The Vice-chancellor shall exercise such other powers and perform such other
cuties as may be laid down by the statutes or the Rules.
(7) The Chancellor is empowered to remove the Vice -Chancellor after due
enquiry. It will be open to the chancellor to suspend the Vice - Chancellor
during enquiry depending upon the seriousness of the charges, as he may
deem fit.
The P ro-Vice-
Chancellor
15- A Pro Vice -Chancellor may be appointed by the Vice -Chancellor with prior
approval of the Chancellor in such manner and shall exercise such powers and
perform such duties as may be prescribed by Statutes.
Deans of
faculties
16- Deans of faculties shall be appointed by the Vice -chancellor in such manner
and shall exercise such powers and perform such duties as may be prescribed
by Statutes.
The Registrar 17- (1) The Registrar shall be appointed by the Chancellor in such manner and on
such terms and conditions as may be prescribed.
(2) All contracts shall be entered into and signed by the Registrar 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 powers and perform such other duties
as may be prescribed or may be required from time to time, by the Chancellor
or the Vice-Chancellor.
(4) The Registrar shall be res ponsible for the due custody of the records and the
common seal of the University and shall be bound to place before the
Chancellor, the Vice -Chancellor or any other authority, all such information
and document as may be necessary for transaction of their business.
The Finance
Officer
18- The Finance Officer shall be appointed by the Chancellor in such manner and
shall exercise such powers and perform such duties as may be prescribed.
Other Officers 19- The manner of appointment, terms and conditions of service and powers and
duties of the other officers of the University shall be such as may be
prescribed.
CHAPTER –IV
Authorities of the University
Authorities of
the University
20- 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 the
authorities of the University.
The Board of
Governors and
its powers
21- (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 or a Secretary to the State Government nominated
by the State Government;
(d) Five persons nominated by the hydrocarbons Education and Research
Society, New Delhi;
(e) 1[A Nominee Officer from Institution of National Importance (as
maintained by MHRD, Government of India), nominated by the
Chancellor;;
(f) Three Eminent Persons from In dustry/Research/Academics nominated
by the Visitor;
(g) Three nominee officers from the Professionals/ Experts of the Industrial
world, nominated by the Chancellor including at least one nominated
officer from the Oil & Gas companies.]
(2) The Board of Governors s hall be the principal governing body of the
University and shall have the following powers, namely;--
(a) to lay down policies to be pursued by the University;
(b) to review decisions of the other authorities of the University if they are
not in conformity with th e provisions 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 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 objects of the University.
(3) The Board of Governors shall, meet at least three times in a y ear at such time
and place as the Chancellor thinks fit.
The Board
management
22- (1) The Board of management shall consist of:--
(a) The Vice-Chancellor;
(b) 2[A Nominee from Institutions of National Importance (as maintained by
MHRD Government of India) nominated by the Chancellor;]
(c) Five persons, nominated by the hydrocarbons Education And Research
Society, New Delhi;
(d) Two professors of the University, by rotation on the basis of seniority for
a period of one year;
(e) 2[Three Deans/ Directors of the Faculties as nomina ted by the
Chancellor;]
(f) Principal Secretary/Secretary to the State Government in the Higher
Education Department or his nominee not below the rank of Joint
Secretary to the State Government. The Vice -Chancellor shall be the
Chairperson of the Board of mana gement and 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.
-----------------------------------------------------------------
1. Subs. by section 7 of UK Act no 24 of2018.
2.Subs. by section 8 of UK Act no 24 of 2018.
The Academic
Council
23- (1) The Academic Council shall consist of:--
(a) the Vice-Chancellor-Chairman;
(b) the Registrar- Secretary;
(c) such other members as may be prescribed in the Statutes.
(2) The Academic Council shall be the principal Academic body of the
University and shall, subject to the provisions of this Act, the statutes and the
Rules, co -ordinate and exercise general supervision over the academic
policies of the University.
The Finance
committee
24- (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 of his nominee not below the rank of Joint
Secretary to the State Government;
(d) Such other members as may be prescribed in the Statutes.
(2) The finance committee shall be the principal financial body of the University
to take care of financial matters and shall, subject to the provisions of this
Act, statutes and Rules, co-ordinate and exercise general supervision over the
financial matters of the University.
Other
Authorities
25- The constitution, powers and functions of the other authorities of the
University shall be such as may be prescribed.
Proceedings
not invalidated
on account of
Vacancy
26- No act or proceeding of any authority of the University shall be invalid
merely by reason of existence of any vacancy or defect in the constitution of
the authority.
CHAPTER-V
Statutes and Rules
Statutes 27- Subject to the provisions of this Act, the statutes may provide for any matter
relating to the University and staff, 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) the terms and conditions of appointment of the Vice -Chancellor, the Registrar
and the Finance Officer and their powers and functions;
(d) the mode of recruitm ent and the conditions of service of the other officers,
teachers and employees of the University;
(e) the procedure for resolving disputes between the University and its officers,
faculty members, employees and students;
(f) creation, abolition or restructuring of departments and faculties;
(g) the manner of co -operation with other Universities or Institutions of higher
learning;
(h) the procedure for conferment of honorary degrees;
(i) provisions regarding grant of freeships and scholarships;
(j) number of seats in different courses of studies and the procedure of admission
of students to such courses including reservation of seats for [Uttarakhand]
students;
(k) the fee chargeable from students for various courses of studies;
(l) institution of fellowships, scholarships, studentship s, freeships, medals and
prizes;
(m) procedure for creation and abolition of posts;
(n) other matters, which may be prescribed.
Statutes how
made
28- (1) The first statutes framed by the Board of Governors shall be submitted to the
State Government for its approval, which may, within three months from the
date of receipt of the Statutes give its approval with or without modification.
(2) Where the State Government fails to take any decision with respect to the
approval of the Statutes within the period specified under su b-section (1) it
shall be deemed to have been approved by the State Government.
Power to
amend the
Statutes
29- The Board of Governors may, with the prior approval of the State
Government, make new or additional Statut es or amend or repeal the existing
Statutes.
Rules 30- Subject to the provisions of this Act, the Rules may provide for all or any of
the following matters, namely-----
(a) admission of students to the University and their enrolment and continuance
as such;
(b) the courses of study to be laid do wn for all degrees and other academic
distinctions of the University;
(c) the award of degrees and other academic 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) the fee to be charged for admission to the examinations, degrees and other
academic distinctions of the University;
(g) the conditions of resid ence of the students at the University or a constituent
college;
(h) maintenance of discipline among the students of the University or a
constituent college;
(i) all other matters as may be provided in the statutes and Rules under the Act.
Rules how
made
31- (1) The rules shall be made by the Board of Governors and the rules so made
shall be submitted to the State Government for its approval, which may,
within two months from the date of receipt of the rules, give its approval with
or without modification.
(2) Where the State Government fails to take any decision with respect to the
approval of the rules within the period specified under sub section (1), it shall
be deemed to have been approved by the State Government.
Power to
amend Rules
32- The Board of Governors ma y, with the approval of the State Government
make new or additional rules or amend or repeal the rules.
CHAPTER-VI
Miscellaneous
Conditions
service of
employees
33- (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 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 umpire 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.
Right to appeal 34- Every employee or student of the University or of a constituent college,
Regional Centre, Study Centre and Career Academy Centre shall,
notwithstanding anything contained in the proposed Act, have a right to
appeal within such time as may be prescribed, to the Board of Management
against the decision of any officer or authority of the University or of the
principal of any such Constituent college, Regional Centre, Study Centre and
Career Academy Centre college, as the case may be and thereupon the Board
of management may confirm, modify or change the decision appealed against.
Provident fund
and pension
35- The University shall constitute for the benefit of its employees such provident
or pension fund and provide such insurance scheme as it may deem fit in such
manner and subject to such conditions as may be prescribed.
Disputes as to
constitution of
University
36- If any question arises as to whether any person has been duly elected or
appointed as, or is entitled to be a member of any authority or other body of
authorities and
bodies
the University, the matter shall be referred to the Chancello r whose decision
thereon shall be final.
Constitution of
committees
37- Whenever any authority of the University is given power by this Act or the
statutes to appoint committees, such committees, shall, save as otherwise
provided, consist of any or all the members of the authority concerned and of
such other persons, if any, as the authority in each case thinks fit.
Filling of
casual
vacancies
38- Any casual vacancy among the members, other than ex -officio members, of
any authority or body of the Un iversity shall be filled in the same manner in
which the member whose vacancy is to be filled up, was chosen, and the
person filling the vacancy shall be a member of such authority or body for the
residue of the term for which the person whose place he/she fills would have
been a member.
Protection of
action taken in
good faith
39- No suit or other legal proceedings shall lie against any officer or other
employee of the University for anything, which is done in good faith or
intended to be done in pursuan ce of the provisions of this Act, the Statutes or
the Rules.
Transitional
provisions
40- Notwithstanding anything contained in any other provisions of this act and the
Statutes:-
(a) the first Vice -Chancellor and P ro-Vice-Chancellor, if any shall be appoint ed
by the Chancellor and the said officer shall hold office for a term of three
year;
(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 Chancellor for a term of three
years.
Permanent
Endowment
Fund
41- (1) The University shall establish a permanent endowment fund of at least rupees
one crore which may be increased suo motu but shall not be decreased.
(2) The University shall have power to invest the permanent endowment fund in
such manner as may be prescribed.
(3) The University ma y transfer any amount from the general fund or the
development fund to the permanent endowment fund. Excepting the
dissolution of the University, in no other circumstances can any monies be
transferred from corpus of the endowment fund for other purposes.
(4) Not exceeding 75% of the incomes received from the corpus permanent
endowment fund shall be used for the purposes of development works of the
University. The remaining 25% shall be reinvested into the permanent
endowment fund.
General Fund 42- (1) The University shall establish a general fund to which the following amount
shall be credited, namely:-
(a) all fees which may be charged by the University;
(b) all sums received from any other source;
(c) all contributions made by the Hydrocarbon Education and Research
Society, new Delhi;
(d) all contributions/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
43- (1) The University shall also establish a development fund to which the following
funds shall be credited, namely:-
(a) development fees which may be charged from students;
(b) all sums received from any other source for the purp oses of the
development of the University;
(c) all contributions made by the hydrocarbons Education & Research
Society;
(d) all contributions/donations 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
44- The funds established under section 41, 42 and 43 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 45- (1) The annual report of the University shall be prepared under the direction of
the Board of Management and shall be submitted to the Board of Governors
for its approval.
(2) The Board of Governors shall consider the annual report in its meeting and
may approve the same with or without modification.
(3) A copy of the annual report duly approved by the Board of Governors shall be
sent to Visitor and the State Government before 31 December following close
of the financial year in 31 March each year.
Account and
Audit
46- (1) The annual accounts and balance sheet of the University shall be prepared
under the direction of the Board of Management and all funds accruing to or
received by the University from whatever 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, every year.
(3) A copy of the annual accounts and the Balance sheet together with the audit
report shall be submitted to the Board of Governors well before 31 December
following close of the financial year in 31 March each year.
(4) The annual accounts, the Balance sheet and the audit report shall be
considered by the Board of Governors at its meeting and the Board of
Governors shall forward the same to the Visitor and the St ate Government
along with its observations thereon before the 31st December each year.
(5) The direction of the State Government on the subject arising out of the
accounts and audit report of the University shall be binding on the University.
Mode of proof
of University
record
47- 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, if certified by the Registrar, shall be received as prim a facie
evidence of such receipt, application, notice, order, proceeding, resolution or
document or the existence of entry in the register and shall be admitted as
evidence of the matters and transaction therein recorded where the original
thereof would, if produced, have been admissible in evidence.
Dissolution
of University
48- (1) If Hydrocarbons Education & Research society, New Delhi proposes
dissolution of the University of Petroleum and Energy Studies in accordance
with the law governing its constituti on or incorporation, it shall give at least
three months notice in writing to the State Government.
(2) On identification of mismanagement, mal-administration, 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 system of University. If the directions are not
followed within such time as may be prescribed, the right to take decision for
winding up of the University would vest in the State Government.
(3) The manner of winding up of the University would be such as may be
prescribed by the State Government in this behalf. Provided that no such
action will be initiated without affording a reasonable opportunity to show
cause to the hydrocarbons Education & Research society.
(4) On receipt of the notice referred to in sub -section (1), the State Government
shall, in consultation with the Council for Technical Education and UGC
make such arrangements for administration of the Univ ersity from date of
dissolution of the University by Hydrocarbons Education And Research
Society, New Delhi and until the last batch of students in regular courses of
studies of the University complete their courses of studies in such manner as
may be prescribed by the statutes.
Expenditure of
the University
during
dissolution
49- (1) The expenditure for administration of the University during the taking over
period of its management under section 48 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 its
management, such expenditure may be met by disposing of the properties or
assets of the University, by the State Government.
Removal of
difficulties
50- (1) If any difficulty arises in giving effect of the provisions of this Act, the State
Government may, by a notification or order, make such provisions, not
inconsistent with the provi sions of this Act, as appear to it to be necessary or
expedient, for removing the difficulty;
Provided that no notifications 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 legislature.