The Hemwati Nandan Bahuguna Medical Education University Act
Uttarakhand · state statute
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THE HEMWATI NANDAN BAHUGUNA MEDICAL EDUCATION
UNIVERSITY ACT, 2014
(THE UTTARAKHAND ACT No. 05 OF 2014)
[Enacted by the State Legislative Assembly in the Sixty-fifth Year of the
Republic of India]
to provide for the establishment of Medical Universi ty in Uttarakhand for the
advancement and development of Medical Education and for matters connected
therewith or incidental thereto.
AN
ACT
CHAPTER I
PRELIMINARY
Short title, extent
and
commencement
1 (1) This Act may be called Hemwati Nandan Bahuguna
Medical Education University Act, 2014.
(2) It extends to the whole of the State of Uttarakhand.
(3) It shall come into force with immediate effect.
Definitions 2 In this Act, and the context otherwise requires,-
(a) "Government" means the State Govern ment of
Uttarakhand;
(b) ‘Uttarakhand’ means the State of Uttarakhand.
(c) “Governor” means Governor of Uttarakhand;
(d) “Chancellor” means Chancellor of the university i.e.
Governor of Uttarakhand;
(e) ‘Regulations’ means the Regulations of the Unive rsity
made under this Act ;
(f) "Medical sciences" means modern scientific medicine
in all its branches, concerning preventive, promotive,
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curative and rehabilitative services, and includes
surgery, obstetrics and gynecology, pharmacy, dental
sciences, nu rsing, paramedical and other allied
subjects;
(g) ‘Medical Education’ means all courses/programmes of
education research and training in Medical sciences
recognized by MCI/DCI/INC /UPC etc. The
courses/programmes are
(i) MBBS-Bachelor of Medicine and B achelor or
Surgery,
(ii) BDS- Bachelor of Dental Surgery,
(iii) MD- Doctor of Medicine,
(iv) MS- Doctor of Surgery,
(v) MDS- Masters in Dental Surgery,
(vi) Diploma Courses in various disciplines,
(vii) Any other/ Certificate C ourse duly notified by the
concerned regulatory authority,
(viii) Various Courses recog nized by Indian Nursing
Council,
(ix) Various Courses recognized by Uttarakhand
Paramedical Council.
(h) 'MCI' means Medical Council of India.
(i) "Prescribed" m eans prescribed by this Act or by the
Government, or Regulations;
(j) ''University'' means the HEMWATI NANDAN
BAHUGUNA MEDICAL EDUCATION
UNIVERSITY established under section 3 of this Act;
(k) ‘College’ means a college or an institution affiliated to
the University in accordance with this Act and the
Regulations;
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(l) "University Area" means the area under the
jurisdiction of the University.
(m) "University Campus College" means a college
established or maintained by the University, including
the hospital attached thereto and providing courses of
study qualifying students for admission to University
examinations in accordance with this Act as may be
prescribed;
(n) "Affiliated College" means a college or institution
situated within the State of Uttarak hand or University
Area and affiliated to the University in accordance
with the provisions of this Act;
(o) Autonomous College” means an affiliated or
associated college declared as such in accordance with
the provisions of this Act;
(p) ‘Constituent College’ means an institution maintained
by the University or by the State Government and
declared as such by the Act / Regulations;
(q) ‘Existing College’ mean a college or an institution
which imparts medical education and is run and
maintained by a University established by or under the
state university Act (as applicable to the State of
Uttarakhand) (and includes a faculty of such
University imparting medical education);
(r) "Approved institution" means a hospital, health centre,
affiliated college or su ch other institution recognized
by the University as an institution in which a person
may undergo training, if any, required by a course of
study before the award of any degree, diploma or other
academic distinction of the University;
(s) ‘Principal’ means the head of the college, by whatever
name called, and includes where there is no Principal,
a person for the time being duly appointed, to Act as
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Principal and in the absence of the Principal or
working or the Act ing Principal the Vice Principal,
duly appointed as such;
(t) "Student of the University" means a person enrolled in
the University for undergoing a course of study for a
degree, diploma or other academic distinctions of the
University;
(u) "teachers" includes Professors, Associate profes sor,
Assistant Professors and such other persons giving
instruction on full time basis in a college or institution
of Medical sciences;
(v) "Teachers of the University" means persons appointed
for the purpose of imparting instructions on full time
basis in the University or in any college maintained by
the University;
(w) ‘Backward Classes of Citizens’ means the Scheduled
Caste, Scheduled Tribe and Other Backward Classes of
the State of Uttarakhand and reservation shall be as per
provisions of the State.
(x) 'DCI' means Dental Council of India;
(y) 'INC' means Indian Nursing Council;
(z) 'UPC’ means the Uttarakhand State Paramedical
Council.
CHAPTER II
THE UNIVERSITY
Establishment
and incorporation
of the University
3 (1) There shall be est ablished a university by the name
"Hemwati Nandan Bahuguna Medical Education
University" with jurisdiction over the whole of the State
of Uttarakhand.
(2) The University shall provide affiliation to all
Medical/Dental/ Paramedical and Nursing colleges of
the State and may start Post Graduate and Super
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Specialty Courses on its own resources as per the norms
and conditions laid down by the concerned
council/Central Government. The University may also
conduct Research and Investigation from its own
resources.
(3) The University shall primarily be an affiliating
University.
But, with the prior approval of state
Government/Medical Council of India (MCI),
University shall be able to establish their own campus
college and can declare afflilia ted Government Colleges
as its own campus.
Jurisdiction and
Affiliation
4 (1) The University shall, in the exercise of its powers under
this Act, have jurisdiction over the whole State of
Uttarakhand.
(2) Every College or Institution imparting education in
medical sciences in the State on the date of
commencement of this Act shall apply for affiliation
afresh. The State Government, by notification shall
constitute a high level screening committee for a certain
period of time for this purpose. No college s hall be run
in the state/admit new students without affiliation from
the University.
Provided that a student pursuing his study in medical
sciences in any college or institution on the date of such
commencement of the Act shall be entitled and a llowed
to continue and complete such study under the erstwhile
University after such commencement and the erstwhile
University shall hold examination of such students and
confer degree or any other academic distinction on him.
(3) The Headquarters of the University shall be at Dehradun.
Powers and 5 Subject to the provisions of this Act and such conditions
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functions of the
University
as may be prescribed by the Act , the University shall
have the following powers which shall be subject to the
provisions of Central Act s and the norms of
MCI/DCI/INC and UPC etc., namely:-
(i) to institute and award degrees, diplomas, certificates and
other academic distinctions for persons who shall have
pursued approved courses of study in a University
college or affiliated colleges unless exempted there from
in the manner prescribed and shall have passed the
prescribed examinations of the University, or shall have
carried on research satisfactorily under conditions as may
be prescribed;
(ii) to hold examination s and to confer degrees or other
distinctions under conditions as may be prescribed;
(iii) to institute, maintain and administer University
colleges, hospitals and laboratories and institutes of
research, libraries or other institutions, necessary to ca rry
out the objects of the University.
(iv) to affiliate colleges and institutions and to withdraw
such affiliation;
(v) to institute and award scholarships, studentships,
stipends, medals and prizes;
(vi) to exercise such control over the students o f the
University as to secure their health, well being and
discipline and to exercise through the affiliated colleges
control for similar purposes over the students of affiliated
colleges;
(vii) to manage and control all immovable properties
transferred to the University by the Government for the
purpose of this Act ;
(viii) to accept, hold and manage any grants from State
Government, Central Government, UGC or any other
type of aid provided by Central or State Government.
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Research chair or any othe r work related to improvement
of quality of medical education can be sponsored in the
University as per the norms of the University Grants
Commission/ MCI and other councils.
(ix) to borrow money with or without security for such
purposes as may be appro ved by the Government from
the Central Government, the University Grants
Commission or other incorporated bodies subject to the
provisions of this Act ;
(x) to fix fees and demand and collect such fees as fixed by
the Committee constituted by the Higher Education
Department of State Government or Finance Committee
of the University;
(xi) to undertake publication of works of merit and research
pertaining to health sciences;
(xii) to co -operate with other Universities and academic
institutions;
(xiii) to establish and maintain University libraries, research
station, museums and press and publication bureau;
(xiv) to establish research posts and to appoint suitable
persons to such posts;
(xv) to award prizes and medals to deserving students, on the
basis of approved endowments;
(xvi) generally to do such other Act s or make such other
provisions as may be deemed necessary or desirable to
further the objects of the University.
(xvii) to provide and upgrade education, training and
research in medica l education and to create
entrepreneurship and conducive environment for pursuit
of the medical education in close cooperation with
industries;
(xviii) to admit any college to privileges of affiliation or to
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enlarge the privileges of any college already af filiated, or
to withdraw or curtail any such privilege and guide and
control the work of such colleges.
(xix) to hold examinations for, and to grant and confer
degrees or other academic distinctions to and on, persons
who- (one) have pursued a course of study in a college ;
or (two) have carried on research in a college recognized
in that behalf by the university, under conditions laid
down in the regulations.
(xx) to make provision for the advancement of medical
education amongst classes and communities which are
educationally backward;
(xxi) to make provision for:-
(One) the maintenance of national cadet corps or other
similar organization;
(Two) physical and military training; and
(Three) sports and athletic clubs;
(xxii) to make appoi ntments of officers and other employees
of the university to the posts created by the State
Government;
(xxiii) to lay down the conditions of affiliation of colleges
and to satisfy itself by periodical inspection that such
conditions are satisfied;
(xxiv) to cooperate or collaborate with other universities and
authorities in such manner and for such purpose as the
university may determine from time to time;
(xxv) to conduct the entrance examinations for various
courses in medical sciences, as determined by the
Government from time to time and discharge
miscellaneous responsibilities (related to entrance/
admissions) as indicated by the government from time to
time.;
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(xxvi) to do all such other Act s or things whether incidental
the objects of the university.
Jurisdiction and
admission to
privileges
6 (1) No college in the State of Uttarakhand imparting
education in medical sciences shall, save with the
consent of the University be associated in any way with
or seek admission to any privileges of any o ther
University in India or abroad.
(2) Any such privilege enjoyed from other University before
the appointed date by any medical college or institution
of medical sciences situated in the State shall be deemed
to be withdrawn with effect from such date.
(3) With effect on and from the date of commencement of
this Act , all colleges and autonomous institutions of
medical sciences previously affiliated to the Universities
of Kumaon and Garhwal or any other university in the
State shall be deemed to be affiliated to the University
subject to Sub-Section (2) of Section 4 of the Act.
University open
to all
7 (1) No person shall be excluded from any office of the
University or from membership of any of its authorities
or from admission to any degree, dip loma or other
academic distinction or course of study on the sole
ground of sex, race, creed, class, place of birth, religious
belief or political or other opinion:
Provided that the University may, subject to the previous
sanction of the Government, m aintain, affiliate any
college exclusively for women.
(2) Subject to the provisions of sub -section (1), the
University shall in accordance with the special or general
directions of the Government reserve seats for the
purpose of admission as students in any college or
institution maintained or controlled by the University for
the Scheduled Castes the Scheduled Tribes and Other
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Backward Classes;
Provided that the university shall abide by the
provisions of norms of Government for reservation for
various categories, for admission in various courses.
(3) The University shall be open to all persons irrespective of
caste, creed, race, language etc.
Provided that nothing in this section shall be
deemed to require the University to admit to any course
of study more than the number of students as may be
determined by the Regulations.
Provided further that nothing in this section
shall be deemed to prevent the University from making
special provision for admission on students belonging to
the Scheduled Castes, Scheduled Tribes or Other
Backward Classes of the State.
CHAPTER III
OFFICERS OF THE UNIVERSITY
Officers of the
University
8 The following shall be the officers of the University namely:-
(i) The Chancellor;
(ii) The Vice-Chancellor;
(iii) The Registrar;
(iv) The Controller of Examinations;
(v) The Finance Officer;
(vi) Such other officers and ministerial staff of the University
as may be sanctioned by the State Government from time to
time.
The Chancellor 9 (1) The Governor shall by virtue of his office be the
Chancellor of the University.
(2) The Chancellor shall be the Head of the University and
shall, when present, preside at any convocation of the
University.
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(3) No honorary degree shall be conferred by the
University upon any person without the approval of the
Chancellor.
(4) The Chancellor shall have the authority to control,
regulate, guide, direct and also, if needed, administer
the University in case of extra -ordinary conditions, and
his directions shall be implemented a nd obeyed by the
concerned officials of the University. He also would be
having suo motu powers to inquire and initiate any
disciplinary action against any of the officers of the
University whenever he deems it fit.
(5) The Chancellor shall exercise su ch other powers and
perform such other duties as may be conferred upon
him by or under this Act or the Government.
(6) It shall be the duty of the Vice -Chancellor of furnish
such information of records relating to the
administration of the affairs of the university as the
Chancellor may call for.
The Vice -
Chancellor
10 (1) The Vice -Chancellor shall be a full time officer of the
University.
(2) Persons of the highest level of competence, integrity, morals
and institutional commitment are to be appoint ed as Vice -
Chancellor. The Vice-Chancellor to be appointed should be a
distinguished academician, with a minimum of ten years of
experience as Professor in a medical college or Medical
University system or ten years of experience in an equivalent
position in a reputed organization of medical sciences.
(3) The selection of Vice Chancellor shall be through proper
identification of a panel of 3 -5 names by a Search
Committee through a public notification or a talent search
process or in combination. The const itution of the Search
Committee shall be as per Sub -Section (4) of Section 10 of
the Act. While preparing the panel, the Search Committee
must give proper weightage to academic excellence,
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exposure to the medical education system in the country and
abroad, and adequate experience in academic and
administrative governance to be given in writing along with
the panel, when being submitted to the Chancellor.
(4) The Search Committee shall consist of the following
members namely:-
(a) Chief Secretary, Governme nt of Uttarakhand will be the
Chairperson of the Search Committee-
Chairperson
(b) One member from amongst Vice Chancellor of KGMU
Lucknow or Director PGI Chandigarh/Lucknow or Director,
AIIMS, Delhi or any eminent person from medical sciences
to be nominated by the Chancellor- Member
(c) Principal Secretary or Secretary to the State Government in
the Medical Education Department shall be the convener and
member secretary of the Committee-
Member Secretary
(5) The Vice -Chancellor shall be appointed by the Chancellor
from out of the panel of persons placed by the Search
Committee. The panel shall be placed by a committee
constituted under sub-section (4);
Provided that ,-
(a) the first Vice -Chancellor shall be appointed by the State
Government;
1[(b) No person above the age of seventy years shall be appointed
as Vice-Chancellor;]
(c) If the Chancellor does not approve of any one of the
persons recommended by the committee or if the person
so recomm ended is not willing to accept the
appointment, the Chancellor may call for fresh
recommendations from the committee;
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1- Subs. by section 2(i) of UK Act no 06 of 2021.
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1[(6) The Vice -chancellor shall hold offic e, subject to the
pleasure of the Chancellor and hold office for a term of
five years or until he attains the age of seventy years,
whichever is earlier, and he shall not be eligible for re -
appointment:
Provided that no Vice -Chancellor shall be
removed from the office except by an order passed on
the ground of misbehavior, mismanagement,
incapability or otherwise after due enquiry by a serving
or retired Judge of a Supreme Court or High Court
appointed by the Chancellor. Chancellor shall after
making such enquiry as he deems proper, by ord er,
remove the Vice –Chancellor:
Provided further that the provisions of this subsection
shall also be applicable on working Vice-chancellor.]
(7) When any temporary vacancy occurs in the office of the
Vice-Chancellor by reason of leave, illness or other
cause, the Chancellor shall make such arrangements for
carrying on the duties of the Vice -Chancellor firstly for
six months but not more than two times. Regular Vice -
Chancellor shall be appointed within said interim period;
(8) The emoluments and other conditions of service of the
Vice-Chancellor shall be such as may be determined by
the State Government from time to time;
Provided that the emoluments and other conditions of
services of Vi ce-Chancellor shall not be varied to his
disadvantage during the term of his office.
----------------------------------------------
1- Subs. by section 2(ii) of UK Act no 6 of 2021.
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Powers and
duties of the
Vice-Chancellor
11 (1) The Vice-Chancellor shall be the principal executive and
academic officer of the University and shall be the
appointing auothirity of all teaching cadre/administrative
cadre and other non -teaching staff of University,
campus, college and constituent college. He shall
exercise general supervision and control over the affairs
of the University and give effect to the decisions of all
the authorities of the University. He shall exercise all
powers necessary for the due maintenance of discipline
in the University.
(2) The Vice -Chancellor may, if he is of the opinion that
immediate Act ion is necessary on any matter, exercise
any power conferred on any authority of the University
by or under this Act and shall report to such authority,
the Act ion taken by him on such matter;
Provided that, if the authority concerned is of the
opinion that such Act ion ought not to have been taken,
it may refer the matter to the Chancellor, whose decision
thereon shall be final.
(3) The Vice -Chancellor shall exercise such other powers
and perform such other functions as may be prescribed
by the Act.
(4) The Vice -Chancellor shall convene meetings of the
Executive Council, and the Academic Council and he
may by order in writing, delegate the power of
convening any of the said meetings to any of the officer
of the University. He shall be the ex-officio Chairman of
the Academic Council and Finance Committee and
preside over the committee in the absence of the
Chancellor.
(5) The Vice-Chancellor shall ensure faithful observance of
the provisions of this Act, Regulations and rules.
(6) The Vice -Chancellor shall be responsible for the
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presentation of the annual financial estimate and the
annual accounts and balance sheet to the Executive
Committee.
(7) The Vice-Chancellor shall be respons ible for the proper
administration of the University and for close co -
ordination and integration of teaching, research and
dissemination of knowledge.
(8) The Vice–Chancellor shall be the principal academic
officer of the University and Colleges:
(9) The Vice-Chancellor shall give effect to the decisions of
the authorities of the University;
(10) The Vice -Chancellor shall in the absence of the
Chancellor, preside at the convocation of the University;
(11) The Vice -Chancellor shall be responsible fo r the
maintenance of discipline in the University;
(12) The Vice -Chancellor shall be responsible for holding
and conducting the entrance and University
examinations properly and at due times and for ensuring
that the results of such examinations are publ ished
expeditiously and that the academic session of the
University starts and ends on due dates.
(13) The Vice –Chancellor shall be ex -officio member and
Chairman of the Executive Council, the academic
Council and the finance Committee.
(14) The Vice –Chancellor shall have the right to speak in
and otherwise to take part in the meeting of any other
authority or body of the University but shall not by
virtue of this sub-section be entitled to vote.
(15) It shall be the duty of the Vice –Chancellor to ensur e
the faithful observance of the provisions of this Act and
regulations and he shall, without prejudice of the powers
of the Chancellor, possess all such powers as may be
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necessary in that behalf.
(16) The Vice–Chancellor shall have the power to convene or
cause to be convened meetings of the Executive
Council, the Academic Council and the Finance
Committee.
Provided that he may delegate such power to any other
officer of the University.
(17) Where any matter is of urgent nature requiring
immediate Act ion 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 on deal with it, the Vice –Chancellor may take such
Act ion as he may deem fit and shall forthwith report the
Act ion taken by him to the chancellor and also the
officer, authority or other body who or which in the
ordinary course would have dealt with that matter.
Provided that no such Act ion shall be taken by
the Vice –Chancellor without th e previous approval of
the chancellor, if it involves a deviation from the
provision of the regulations.
Provided further that if the officer, authority or
other body is of the opinion that such Act ion ought not
to have been taken, it may refer to the matter to the
chancellor who may either confirm the Act ion taken by
the Vice –Chancellor or annul the same or modify it in
such manner, as he thinks fit and thereupon, it shall
cease to have effect or, as the case may be, take effect in
the modified form, so however, that such annulment or
modification shall be without prejudice to the validity of
anything previously done by or under the order of the
Vice –Chancellor.
Provided also that any person in the services of the
university who is a ggrieved by the Ordinanc or decision
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taken by the Vice –Chancellor under this sub section,
shall have the right to appeal against such Act or
decision of the Executive Council within three months
from the date on which decision on such Act ion is
communicated to him and thereupon, the Executive
Council may confirm, modify or reverse the Act or
decision taken by the Vice –Chancellor.
Any person aggrieved by the decision of executive
council, may appeal before the Chancellor and decision
of the Chancellor shall be final.
(18) Nothing in sub-section (6) shall be deemed to empower
the Vice –Chancellor to incur any expenditure not duly
authorized and provided for in the budget.
(19) The Vice –Chancellor shall exercise such others powers
as may be laid down by the regulations
The Registrar 12 (1) The Registrar shall be a full time officer of the University
and shall be appointed by the State Government . The
qualifications of the Registrar shal be such as may be
prescribed by the State Government.
(2) The Sel ection committee shall consist of following
members:-
(a) Principal Secretary/ Secretary of the State
Government – Chairperson,
(b) Vice- Chancellor of the University- Member
(c) Director Medical Education- Member
(3) The salary and allowance and other conditions of the
service of the Registrar shall be such as may be
prescribed by the UGC/State Government.
(4) He shall perform such other duties as may be prescribed
by the Act and Rules as required from time to time by the
State Government or the Vice-Chancellor.
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(5) The Registrar shall be a full -time chief executive officer
of the University. He will exercise powers as laid down
by the government from time to time.
(6) The selection process of the Registrar shall be such as
may be prescribed by the State Government.
(7) The registrar shall have the power to authenticate records
on behalf of the university.
(8) The registrar shall be responsible for the due custody of
the records and the common seal of the Univ ersity. He
shall be ex-officio Secretary of the Executive
Council/Academic Council/Finance Committee/any other
committee and shall be bound to place before the
Executive Council all such information as may be
necessary for the transAct ion of its business. He shall
also perform such other duties as may be prescribed or
required from time to time, by the Executive Council or
the Vice –Chancellor but he shall not, by virtue of this
sub-section, be entitled to vote.
(9) The Registrar shall have access to and m ay require the
production of such records and documents of the
University and the furnishing of such information
pertaining to its affairs as in his opinion may be
necessary for the discharge of his duties.
(10) All contracts shall be entered into and sig ned by the
Registrar on behalf of the University.
(11) Other powers and functions of the Registrar shall be
such as may be prescribed by the Regulations.
The Controller
of Examinations
13 (1) The Examination Controller shall be a full time officer of
the university and shall be appointed by the State
Government. The qualifications of the examination
controller and selection process of the examination
controller shall be such as may be prescribed by the
State Government.
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(2) The Selection committee shall c onsist of following
members:
(a) Principal Secretary/Secretary of the State
Government - Chairperson,
(b) Vice- Chancellor of the University- Member
(c) Director Medical Education- Member
(3) He shall be in charge of the conduct of examina tions in
the University and matters relating thereto and shall
perform such other duties as may be prescribed by the
Government or as may be directed by the Vice -
Chancellor.
(4) The salary and allowances and other conditions of
service of the Examination Controller shall be such as
may be prescribed by the Government.
(5) The Controller of Examinations shall be responsible for
the due custody of the records pertaining to his work. He
shall be ex-officio Secretary of the examination
Committee of the University and shall be bound to place
before such committee all such information as may be
necessary of transAct ion of his business. He shall also
perform such other duties as may be prescribed by the
Regulations or required, from time to time, by the
Executive Council or the Vice -Chancellor but he shall
not, by virtue of this sub -section, be entitled to vote. He
may require, from any college, the production of such
return or this furnishing of such information as may be
necessary for it discharge of his duties.
(6) Subject to the superintendence of the Vice -Chancellor,
controller of examinations shall have administrative
control over the employees working under him.
(7) Subject to the superintendence of the Examinations
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Committee, the Controller of Examinati ons shall
conduct the entrance and university examinations as
make all other arrangements therefore and be
responsible for the due execution of all processes
connected therewith.
(8) The Controller of Examinations shall not be offered nor
shall accept any remuneration for any work in the
University except in accordance with the order of the
state Government.
(9) While the Controller of Examinations is for any reason
unable to Act or the office of Controller of Examinations
is vacant, all duties of the of fice shall be performed by
Registrar, until the Controller of Examinations resumes
his duties or, as the case may be, the vacancy is filled.
The Finance
Officer
14 (1) The Finance Officer shall be a full time officer of the
University and shall be appoin ted among the officers
from the State Government, by the Government.
(2) The salary and allowances and other conditions of service
of the Finance Officer shall be such as may be prescribed
by the Government.
(3) He shall manage the property and investme nts by the
University. He shall advise the Vice -Chancellor in all
matters pertaining to financial policy. He shall be
responsible for the proper maintenance of accounts of the
University, including the preparation of the annual
financial estimates and annu al accounts and the balance
sheet.
(4) He shall ensure that no expenditure not authorised in the
financial estimates as approved by the Government is
incurred by the University and he shall not allow any
expenditure which is not sanctioned by the compete nt
authority.
(5) The Finance Officer shall be responsible for presenting
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the budget (annual estimates) and the statement of the
accounts to the Executive Council and also for drawing
and disbursing funds on behalf of the University.
(6) The Finance Of ficer shall have the right to speak in and
otherwise to take part in the proceedings of the Executive
Council but shall not be entitled to vote.
(7) The Finance Officer shall have the following duties:-
a) To ensure that no expenditure, not authorized i n the
budget is incurred by the University otherwise than by
way of investment;
b) to disallow proposed expenditure which may contravene
the provisions of this Act or the terms of any
Regulations;
c) to ensure that no other financial irregularity is co mmitted
and to take steps to set right any irregularities pointed out
during audit;
d) to ensure that the property and investments of the
University are duly preserved and managed.
Other officers
and staff
15 The manner of appointment, the powers and du ties and the
conditions of service of other officers /faculty and ministerial
staff of the University /Campus colleges/ constitutent college
referred to in clause (vi) of section 8 shall be such as may be
prescribed by the Government,
Except as otherwise provided in this Act, the mode of
appointment, terms and conditions of service and the powers
and duties of the officers of the University other than the
Chancellor, the Vice-Chancellor, the Finance Officer and the
Registrar shall be such as may be described.
Officers of
University not to
accept any
remuneration
16 The officers of the University shall not be offered nor shall
they accept any remuneration for any work in the University
save as may be provid ed by the Government or other orders
regulating their salaries, allowances and other conditions of
22
other than that
provided by
Government
service.
CHAPTER IV
AUTHORITIES OF THE UNIVERSITY
Authorities of
the University
17 The following shall be the Authorities of the University
namely:-
(i) The Executive Council;
(ii) The Academic Council;
(iii) The Finance Committee;
(iv) The Examination Committee; and
(v) Such other bodies as may be declared by the
Government to be the Authorities of the University.
(vi) Such other authorities as may be declared by the
Regulation to be authorities of the University.
The Executive
Council
18 (1) The Executive Council shall consist of the following
members, namely:-
(a) the Vice-Chancellor, who shall be the Chairman
thereof;
(b) Principal Secretary/ Secretary to the State Government in
the Medical Education Department or his nominee;
(c) Principal Secretary/ Secretary to the State Government in
the Health Department or his nominee;
(d) Principal Secretary/Secretary to the State Gover nment in
the Finance Department or his nominee;
(e) The Secretary to Government incharge of Higher
Education, or his nominee not below the rank of
Additional Secretary to Government
(f) Vice-Chancellor Kumaon University, Nainital;
23
(g) Vice-Chancellor KGMU, Lucknow or his nominee;
(h) Chairman, Medical Council of India or his nominee;
(i) Two reputed industrialists nominated by the Chancellor
on the advice of the Vice-Chancellor;
(j) Two eminent medical professionals nominated by the
Chancellor on the advice of the Vice-Chancellor;
(k) Two Principals of colleges, by rotation, nominated by
the Vice-Chancellor;
(l) Two eminent persons nominated by Chief Minister from
the field of medical education;
(m) Chairman, Indian Nursing Council or his nominee;
(n) Chairman, Dental Council of India or his nominee;
(o) Chairman, Paramedical Council of Uttarakhand or his
nominee;
(p) The Director of Medical Education;
(q) The Director General of Health and Family Welfare;
(r) Two persons nominated by the Chancellor from amongst
persons having special interest in health sciences out of
whom one shall be person belonging to the Scheduled
Castes and one belonging to the Scheduled Tribes, of
whom one shall be a woman;
(2) Notwithstanding anything in subsection (1), no person
shall be appointed as a member of the Executive Council
unless he is a post graduate.
(3) The term of office of members mentioned in clause
(h),(i),(j) (k),(l) and (r) shall be two years.
(4) A person shall be disqualified f or being nominated as,
and for being a member of the Executive Council if he or
his relative, accepts remuneration for any work in. or for,
the University or any contrAct for the supply of goods to
or for the execution of any work for the University;
24
Explanation: In this sub -section “relative” mean the
relations defined in section (6) of the Companies
Act ,1956 and includes the wife’s (or husband’s) father,
wife’s (or husband’s sister ) , brother’s son and brother’s
daughter.
Meetings of the
Executive
Council
19 (1) A meeting of the Executive Council shall be held at least
twice a year on dates to be fixed by the Vice -Chancellor,
one of such meetings shall be the annual meeting.
(2) A report on the working of the University during the
previous year, together with a statement of receipts and
expenditure, the financial estimates and the last audit
report shall be presented for the consideration of the
Executive Council at the annual meeting of the Executive
Council convened under sub-section (1).
(3) The Vice -Chancellor may, whenever he thinks fit, and
shall, upon a requisition in writing signed by not less than
ten members of the Executive Council, convene a special
meeting of the Executive Council.
Powers and
functions of the
Executive
Council -
20 (1) The Executive Council shall be the principal executive
body of the University and save as otherwise expressly
provided in this Act the Executive Council shall have
the following powers, namely:-
(i) The Executive Council shall have power to review from
time to time the policies of the University and to
suggest measures for the improvement and
development of the University and to consider and pass
resolutions on the annual accounts and audit reports of
the University.
(ii) to institute and conf er degrees, diplomas and other
academic distinctions;
(iii) to confer, honorary degrees or other academic
distinctions;
(iv) to exercise such other powers and perform such other
25
duties as may be conferred by the Government, Act s
and Rules;
(v) to supervise and control the affairs of the University;
(vi) to hold and control the property and funds of the
University;
(vii) to approve academic programmes;
(viii) to make, amend or repeal Regulations;
(ix) to prepare the budget of the University;
(x) to administer any funds placed at the disposal of the
University;
(xi) to acquire or transfer any movable, immovable or
intellectual property of the University after approval
from the Government;
(xii) to direct the form and use of the common seal of the
University;
(xiii) to appoint such committees as may be required for the
efficient functioning of the University;
(xiv) to determine the emoluments and terms and conditions
of service of the staff of the University in the
accordance with the Government Policy;
(xv) to authorize operation of bank accounts of the
University;
(xvi) to regulations and determine all other matters
concerning the University in accordance with this Act
or the Regulations.
(2) Every meeting of the Executive Council shall be h eld
on such date, time and place as may be fixed by the
Vice-Chancellor.
(3) The members of the Executive Council shall be entitled
to such allowance as may be prescribed.
26
(4) No immovable property of the University shall except
with the prior sanction o f the state Government, be
transferred (except by way of letting from month to
month in the ordinary course of management) by the
Executive Council by way of mortgage, sale, exchange,
gift or otherwise nor shall any money be borrowed, or
advance taken on t he security thereof except as a
condition of receipt of any grant -in-aid of the
University from the state Government from any other
person.
(5) The Executive Council shall not exceed the limits or
recurring and non -recurring expenditure to be incurred
in each financial year fixed by the Finance Committee.
(6) The Executive Council may, subject to any conditions
laid down in the Regulations, delegate such of its
powers as, it deems fit, to an officer or any other
Authority of the University or Committee appo inted by
it.
The Academic
Council
21 (1) The Academic Council shall be the principal academic
body of the University and shall, subject to the provisions
of this Act and the Regulations, have the control and
general regulation of, and be responsible fo r the
maintenance of standard of instruction, education and
examinations in the University and shall exercise such
other powers and perform such other duties as may be
conferred or imposed upon it by the regulations and may
advise the Executive Council on all academic matters,
(2) The academic Council shall consist of the following
members namely:-
(a) The Vice-Chancellor - Chairman
(b) Director, Medical Education - Member
(c) Two such Principals of colleges who are
27
noted members of the Executive Council- Member
(d) One Head of the Department of the of Doon
University, nominated by the Vice-Chancellor
of that university- Member
(3) The term of office of the members referred to in clause
(c) of sub-section (2) shall be one year.
The Finance
Committee
22 (1) The Finance Committee shall consist of the following
members, namely:-
(a) The Vice-Chancellor - Chairman
(b) The Principal Secretary/ Secretary to the State
Government in the Medical Education Departments or his
nominee not below the rank of additional secretary-
Member
(c) The Principal Secretary/Secretary to the state Government
in the Finance Department or his nominee n ot below the
rank of additional secretary- Member
(d) Two members of the Executive Council nominated by the
Vice-Chancellor- Member and,
(e) The Finance Officer - Member
(2) The Finance Committee shall advise the Executive
Council on matters relating to the administration of
property and funds of the University. It shall, having
regard to the income and resources of the University, fix
limits for the total recurring and non -recurring
expenditure for the ensuing financial year and may, for
any special reasons, revise during the financial year the
limits of expenditure so fixed and the limits so fixed
shall be binding on the Executive Council.
(3) The Finance Committee shall have such other powers
and duties as may be conferred or imposed on it by this
28
Act or the Regulations.
(4) Unless a proposal having financial implications has been
recommended by the Finance Committee, the Executive
Council shall not take a decision thereon, and if the
Executive Council disagrees with the recommendation
of the Finance Committee, it shall refer the proposal
back of the Finance Committee the matter shall be
referred to the Chancellor whose decision thereon shall
be final.
Examination
committee
23 (1) There shall be an Examination Committee in the
University, the constitution of which shall be such as
may be provided for in the regulations or constituted
by Vice-Chancellor.
(2) The Committee shall supervise generally all the
examination of the University, including Entrance tests
of all courses and perform the following functions,
namely:-
(a) to appoint examiners and moderators and if necessary,
to remove them;
(b) to review from time to time the results of the
University examinations and submission of reports,
thereon to the Academic Council;
(c) to make recommendations to the Academic Council
for the improvement of the examination system;
(d) to scrutiniz e the list of examiners proposed by the
board of Studies, finalize the same and declare the
result of the University.
(e) moderation and tabulation.
(3) The Examination Committee may appoint such
number of sub -committee as it thinks fit, and in
particular; may delegate to any one or more persons or
29
sub-committee. The power to deal with and decide
cases relating to the use of unfair means by the
examinees.
(4) Entrance test for MBBS, BDS, MDS, MD, MS,
courses related to Nursing and Paramedical Sciences ,
and other courses shall be conducted as per the
directions given by the Government from time to time;
(5) Notwithstanding anything contained in this Act it shall
be lawful for the Examination Committee or as the
case may be, for a sub -committee or any persoExcerpt shown. Open the full act in Lexace.