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Uttarakhand · state statute
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THE DIT UNIVERSITY ACT, 2012
[UTTARAKHAND ACT NO. 10 OF 2013]
INDEX
Section Detail Page No.
CHAPTER I
Preliminary
1. Short title and Commencement
2. Definitions
CHAPTER II
The University and its Objects
3. Proposal for the establishment of University
4. Establishment of University
5. State not under any Statutory Obligation to grant
Financial Assistance to the University
6. No Power to Affiliate any Institution
7. Objects of the University
8. Powers of the University
9. University open to all Classes, Castes, Creed and Gender
10. National Accreditation
CHAPTER III
Officers of the University
11. University’s Officer
12. Visitor
13. The Chancellor
14. The Vice Chancellor
15. The Pro-Vice-Chancellor
16. The Registrar
17. Deans of Faculties
18. The Finance Officer
19. Other Officers
CHAPTER IV
Authorities of the University
20. Authorities of the University
21. The Board of Governors and its powers
22. The Board of Management
23. The Academic Council
24. The Finance Committee
25. Other Authorities
26. Proceedings not invalidated on account of vacancy
CHAPTER V
Statutes and Rules
27. Statutes
28. Statutes How Made
29. Power to Amend the Statutes
30. Rules
31. Rules How Made
32. Power to Amend Rules
CHAPTER VI
Miscellaneous
33. Provisions for Permanent Resident of Uttarakhand
34. Conditions of Service of Employees
35. Right to Appeal
36. Provident Fund and Pensions
37. Disputes as to Constitution of University Authorities and Bodies
38. Constitution of Committee
39. Filling of Casual Vacancies
40. Protection of action taken in good faith
41. Transitional Provisions
42. Permanent Endowment Fund
43. General Fund
44. Development Fund
45. Maintenance of Fund
46. Annual Report
47. Account and Audit
48. Mode of Proof of University Record
49. Dissolution of University
50. Expenditure of University during dissolution
51. Removal of difficulties
52. Repeal and Saving
THE DIT UNIVERSITY ACT, 2012
[UTTARAKHAND ACT NO. 10 OF 2013]
AN
ACT
to establish and incorporate a Private University in the name of “DIT UNIVERSITY” at
Dehradun, Uttarakhand promoted by 1[Unison Education Foundation] (Society) registered under Societies
Registration Act, 1860 at Dehradun, Uttarakhand to provide and facilitate education, training and research
in the areas of Technical education, Higher education, Medical and Dental education, Legal education,
Aviation education, Social Sciences, General Sciences and other areas of education.
It is hereby enacted by Uttarakhand State Legislature in the Sixty -fourth Year of the Republic of
India as follows :--
CHAPTER-1
Preliminary
Short title and
Commencement
1. (1) This Act may be called the “DIT UNIVERSITY” Act, 2012.
(2) It shall be deem ed to have come into force on the date, the notification is
issued by State Government in the Official Gazette.
Definitions
2. In this Act, unless the context otherwise required:-
(a) “Academic Council” means the Academic Council of the University;
(b) “Authorities” means Authorities of the University;
(c) “Board of Governors” means the Board of Governors of the University;
(d) “Board of Management” means the Board of Management of the
University;
(e) “Board of Studies” means the Board of Studies of the University;
(f) “Board of Examinations” means Board of Examinations of the University;
(g) “Chancellor”, “Vice Chancellor”, “Pro Vice Chancellor”, “Registrar”,
“Controller of Examinations”, and “Finance Officer” respectively
means the “Chancellor”, “Vice Chancellor ”, “Pro Vice Chancellor”,
“Registrar”, “Controller of Examinations”, and “Finance Officer ” of the
University;
(h) “Campus” means the campus of the University;
(i) “Constituent College” means a college or institution maintained by the
University;
(j) “Career Academy C entre” means such centre which is established,
conducted and recognized by the University for the purposes of acceptance
of e-mails, internet, interactive talk, training, lectures, conduct of seminar
and workshops, guidelines, consultation or any type of necessary help for
students;
(k) “Director" of campus or Principal/Dean regarding Constituent College
means the Head of that campus or Constituent College and where there is
no Director/Principal/Dean appointed, any other person for the time being
appointed is also included;
------------------------------------------------------
1- Subs. by section 2(i)of UK Act no 20 of 2021.
(l) "Distance Education System" means the system of imparting education
within the State through any means of information technology an d
communication such as multimedia, broadcasting, telecasting, online over
internet, other interactive methods, e -mails, internet, computer, interactive
talk, e-learning, correspondence courses, seminars, contact programmes or a
combination of any two or more of such means;
(m) “Deposits” means collection made by the University from the students
under the name Deposits, which is refundable;
(n) “Dean of Faculty” means the Dean of Faculty of the University;
(o) “Department” means a department (Academic Unit) of a college, teaching
and undertaking research in a subject or a group of subjects;
(p) “Employee” means employee appointed by the University; and includes
teachers and other staff of the University or of Constituent College;
(q) “Finance Committee” means Finance Committee of the University;
(r) “Faculty” means faculty of the University;
(s) “Fee” means collection made by the University from the students under the
name Fee, which is not refundable;
(t) “Government” means the State Government of Uttarakhand;
(u) “Hall” or “Hostel” means a unit for residence for students maintained or
recognized by the University or Constituent College;
(v) “1[Unison Education Foundation ]” means a society registered under The
Society Registration Act,1860, having registered office at 2[Third Floor,
Administrative Block, IMS Unison University, Village Makkawala,
Uttarakhand- 248009] 248001;
(w) “Promoting Society” means 1[Unison Education Foundation ] (Society),
registered under The Society Registration Act, 1860;
(x) “Prescribed” means prescribed by the Statutes;
(y) “Permanent Resident” means any resident of the state who has the valid
domicile/ permanent resident certificate issued by the prescribed authority
as per the rules framed by the State Government from time to time;
(aa) "Regional Centre" means a centre establ ished or maintained by the
University for the purpose of co -ordinating and supervising the work of
Study Centres in any region and for performing such other functions as may
be conferred on such centre by the Board of Management;
(bb) "State" means State of Uttarakhand;
(cc) "Statutes", “Rules” and “Ordinance” means, respectively, the
“Statutes”, “Rules” and “Ordinance” of the University made under this
Act;
(dd) "Study Centre" means a centre established, maintained or recognized by
the University fo r the purpose of advising, counsel ing or for rendering any
other assistance required by the students;
--------------------------------------------
1- Subs. by section 2 (i) of UK Act no 20 of 2021.
2- Subs. by section 2(ii) of UK Act no 20 of 2021.
(ee) "Teacher" means a Professor/Dean, Associate Professor, Assistant
Professor/Lecturer or such other person as may be appointed for imparting
instruction or conducting research in the University or in Constituent
Colleges and institution and includes the Principal/Dean of the Constituent
College;
(ff) "UGC" means the University Grants Commission established under the
University Grants Commission Act, 1956;
(gg) "University" means the “DIT UNIVERSITY” under this Act;
(hh) “Bodies” means the bodies of the University constituted by the relevant
authorities;
(ii) “Visitor" means the Visitor of the University.
CHAPTER - II
The University and its Objects
Proposal for
the
Establishment
of University
3. (1) The Promoting Society means 1[Unison Education Foundation] (Society),
Dehradun, shall have the right to establish the DIT UNIVERSITY in
accordance with the provisions of this Act.
(2) An application containing the proposal to establish a University has been
made to the State Government by Promoting Society.
The proposal contained the following particulars, namely:-
(a) the objects of the University alongwith the details of Promoting Society;
(b) the extent and status of the University and the availability of land;
(c) the nature and type of programs 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 s uch as buildings, equipment and structural
amenities;
(f) the phased outlays of capital expenditure for a period of the next five
years;
(g) the ite m-wise recurring expenditure, sources of finance and estimated
expenditure for each student;
(h) the scheme for mo bilizing 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 rebate
in fee, free ship and scholarship for students who are permanent resident
of the State and the fee structure indica ting varying rate of fee, if any,
that would be levied on non resident Indians and students of other
nationalities;
---------------------------------------------------------------
1- Subs. by section 2(i) of UK Act no 20 of 2021.
(k) the years of experien ce and expertise in the concerned discipline at the
command of Promoting Society as well as the detail of 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 conditio ns 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 is satisfied that Promoting
Society, has fulfilled the conditions , norms and requirements for
establishment of DIT UNIVERSITY, hence a Private University to be
known as DIT UNIVERSITY is hereby established.
(2) The University shall be a body corporate by the name “DIT UNIVERSITY”
and shall have a perpetual succession and a common seal and shall sue and
be sued by its name.
(3) (a) The main campus of the University shall be at Dehradun, Uttarakhand. It
may also have Campuses or regional centers, study centers at other
places provided that the procedures established by the UGC and other
statutory bodies shall be complied with. The University can open its
second campus within the State after 5 (five) years of its coming into
existence with prior approval of the State Government. The University
can open other campuses any time in a hill region located at an altitude
greater than 2500 feet without any time limit,
(b) However, to establish new faculties where additional land would be
required as per norms of the concerned regulatory body, the University
shall establish a spl it campus either adjoining or nearby within
Dehradun.
(4) The Chancellor, the Vice -chancellor, Pro -Vice Chancellor, Registrar,
members of the Board of Governors, members of 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.
(5) On the establishment of the University under sub -section (1), the land and
other moveable and immoveable properties acquired , created, arranged or
built by Promoting Society , for the purpose of the University shall stand
transferred to, and vest in the University.
(6) The available land, building, various department/faculties of the University
shall be must according to the standard of Apex Regulatory Commission.
(7) The infrastructural and other facilities of the University campus, off campus
center, study center etc. shall be maintained as per the standards laid down
by the UGC and other apex regulatory bodies.
State not under
any Statutory
Obligation to
grant Financial
Assistance to the
University
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. However the University shall be entitled to
receive any such grant which may be granted under any special scheme of
the State Government or any other body or corpo ration. This shall have no
effect on the self-finance status of the University.
No Power to
Affiliate any
Institution
6.
The University may have off –campus centers, Constituent Colleges,
Regional Centres, Study Centres and Career Academic Centres but shall
have no power to admit any other college or institution to the privileges of
affiliation.
Objects of the
University
7. The objectives for which the University is established areas follows:-
(a) to provide instructions, teaching, training an d research in all disciplines
pertaining to Technical education, Higher education, Medical and Dental
education, Legal education, Aviation education, Social Sciences, General
Sciences and other areas of education;
(b) to establish campuses or Constituent Coll eges of Technical education,
Higher education, Medical and Dental education, Legal education, Aviation
education, Social Sciences, General Sciences and other areas of education
for offering certificate, diploma, graduate degree, post graduate degree and
Doctoral degree which would be as nominated by the University Grants
Commission but the University shall, have the right to start other diploma
and certificate courses in furtherance of its Objectives;
(c) to establish a Constituent Centre for Continuing Educat ion to provide
instructions through the distance learning methodology for the courses
mentioned in programs as given in clause (b) above;
(d) to establish examination centres;
(e) to institute degrees, diplomas, certificates, and other academic distinctions
on the basis of examination, or any other such method;
(f) to establish research and development centre to promote research and
innovations in the Technical education, Higher education, Medical and
Dental education, Legal education, Aviation education, Social Sc iences,
General Sciences and other areas of education through Seminars,
conferences, workshops, educational programmes, community development
program, publications, training programmes, and study groups etc.;
(g) to undertake extra -mural studies, extens ion programmes and field outreach
activities to contribute to the development of the society;
(h) to set up Off-shore campuses as per the provision laid down by UGC.
(i) to pursue any other objective as may be approved by the Board of
Governors within the rules of the State Government and UGC.
Powers of
the University
8. (1) The University shall have the following powers; namely:-
(a) to provide for instructions in all disciplines pertaining to Technical
education, Higher education, Medical and Dental educat ion, Legal
education, Aviation education, Social Sciences, General Sciences and
other areas of education and to make provision for research and for
the advancement and dissemination of knowledge;
(b) to carry out all such other activities as may be necessary or feasible in
furtherance of 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:
(1) have pursued a course of study in the University or in a
constituent College or through its distance education system at
Regional Centre/ Study Centre/ Career Academy Centre; or
(2) have carried on research in the University or in a constituent
body or under its distance education center;
(d) to confer honorary degrees or other academic distinctions in the
manner and under conditions laid down in the Statutes/Provisions;
(e) to institute and award fellowships, scholarships and prizes etc.
accordance with the Statutes;
(f) to demand and receive such fee s, deposits, bills, invoices and collect
charges as may be fixed by the Statutes or rules, as the case may be;
(g) to establish, maintain and recognize such Regional Centres and Study
Centres as may be determined by the University from time to time in
the manner laid down by the Statutes after the completion of five
years of the University. In this regard the guidelines of the State
Government and UGC as applicable from time to time shall be
followed;
(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 Campus College, Constituent College, Regional
Centres, Study Centres, Research Centres, Career Academy Centre;
(j) to receive donations and g ifts of any kind and to acquire, hold,
manage, maintain and dispose of any movable or immovable
property, for the purpose of the University or a Constituent College,
or a Regional Centre, Study Centre and Career Academy Centre with
prior permission of the Promoting Society;
(k) to institute and maintain halls/hostels and to recognize places of
residence for students of the University or a Constituent College;
(l) to supervise and control the residence of students and to regulate the
discipline among the s tudents and all categories of employees and to
lay down the conditions of service of such employees including their
Code of Conduct;
(m) to create Academic, Administrative, and Supporting staff and other
necessary posts;
(n) to co -operate and collaborate with other Universities, Institutions,
Organizations, Individuals, Industries and Societies in India and
abroad in such a manner and for such purposes as the University may
determine from time to time;
(o) to provide distant education system and the mann er in which distance
education in relation to the academic programmes of the University
may be organized;
(p) to organize and conduct refresher course, orientation courses,
workshops, seminars and other programmes for teachers, lesson
writers, evaluators and other academic staff;
(q) to determine standards of admission to the University or a Constituent
College, Regional Centres, Study Centres, with the approval of
Academic Council;
(r) to make special provision for permanent resident of Uttarakhand for
admission in any course of the University or in a Constituent College,
Regional Centre, Study Centre, Research Centre and Career
Academic Centre as per merit;
(s) to prescribe such courses for Bachelor Degree, Post Graduate Degree,
Doctor of Pholosophy, Doctor of Science Degree and Research and to
start Diploma, Certificates in Technical education, Higher education,
Medical and Dental education, Legal education, Aviation education,
Social Sciences, General Sciences and other areas of education which
would be covered by UGC and other statutory bodies;
(t) to clearly set apart the academic activities of the University from the
activities of the Promoting Society;
(u) to provide for the preparation of instructional materials, including
films, cassettes, tapes, video cassettes, CD, DVD and other softwares;
(v) to recognize examinations of, or periods of study (whether in full or
in part) of other Universities, Institutions or other places of higher
learning as equivalent to examinations or periods of stu dy in the
University and to withdraw such recognition at any time;
(w) to raise, collect, subscribe and borrow funds with the approval of the
Board of Governors whether on the security of the property of the
University, money for the purposes of the University;
(x) to enter into, carry out, amend or cancel contracts;
(y) 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;
(z) to sue or be sued in its own name as a Legal Entity in any Court of Law,
Tribunal or Authority through its authorized officer.
(2) Notwithstanding anything contained 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 university and distance education system and for the
determination of standards of teaching, evaluation and research in such
systems and for the purpose of performing t his function, the University
shall have such powers, including the power to allocate and disburse grants
to Colleges, Regional Centres and Study Centres and Career Academy
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 shall be open to all persons irrespective of class, caste, creed
or, gender ;
Provided that nothing in this sect ion shall be deemed to prevent the
University from making special provisions for admission to permanent
resident of Uttarakhand ;
Provided further that nothing in this section shall be deemed to
require the University or constituent colleges or Regional Ce ntres 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 shall seek accreditation from respective national
accreditation bodies.
CHAPTER – III
Officers of the University
University’s
Officers
11. The following shall be the officers of the University; namely:-
(a) the Visitor;
(b) the Chancellor;
(c) the Vice-Chancellor;
(d) the Pro Vice-Chancellor;
(e) the Registrar;
(f) the Deans of Faculties;
(g) the Finance Officer; and
(h) such other officers as may be declared by the Statutes to be officers of the
University.
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 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 Decision,
Act, Regulations, Statutes, or Rules, he may issue such d irections as
he may deem fit in the interest of the University and the directions so
issued shall be complied by all concerned.
(c) every proposal for the conferment of an honorary degree shall be
subject to the approval of the Visitor.
The
Chancellor
13. (1) The Chancellor may be appointed from amongst / or by the members of the
Promoting Society.
(2) The Chancellor shall have such powers 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 Board of
Governors 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) Chancellor;
(b) The Principal Secretary/Secretary to the State Government in the
Higher Education Department;
(c) Three nominees of the Board of Governors.
(d) One person nominated by the Promoting Society, who shall be the
convener of the committee.
(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 Board of Governors alongwith a concise statement showing
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 authorities of
the University.
(5) Where any matter other than the appointment of a teacher is of urgent
nature requiring immediate action and t he 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 duties as may be laid down by the Statutes or the rules.
(7) The Chancellor after due approval from the Board of Governors is
empowered to remove the Vice -Chancellor after due enq uiry. 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 Pro-Vice
Chancellor
15. A Pro -Vice-Chancellor may be appointed by the Chancellor with prior
approval of the Board of Governors in such manner and shall exercise such
powers and perform such duties as may be prescribed by Statutes.
The Registrar
16. (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 powe rs 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 responsible 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 documents as may be necessary for transaction of their business.
Deans of
Faculties
17. Deans of faculties shall be appointed by the Vice -Chancellor with approval
of Chancellor in such manner and shall exercise such powers and perform
such duties as may be prescribed by Statutes.
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 by the Statutes.
Other Officer 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 by the Statutes.
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 authorities
of the University.
The Board of
Governors and
its powers
21. (1) The Board of Governors shall consist of :-
(a) Chairman and Co -chairman (if any) of the Board of Governors shall
be nominated from amongst the members of the Promoting Society;
(b) The Chancellor -Vice Chairman;
(c) The Vice-Chancellor - Member Secretary;
(d) Two Academicians nominated by the Visitor;
(e) Principal Secretary/Secretary to the State Government in the Higher
Education Department ;
(f) Five members nominated by the Promoting Society;
(g) Two members nominated by the Chairman, Promoting Society from
reputed higher education institutions;
(h) Two members nominated by th e Chairman, Promoting Society from
reputed industrial/ corporate sector/ reputed practicing professionals.
(2) The Board of Governors shall 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 the 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;
(h) to appoint the Statutory Auditors of the University;
(i) to open, close, operate and manage accounts of the University.
(3) The Board of Governors shall, meet at least twice in a year at such time and
place as the Chairman, Board of the Governers thinks fit.
The Board of
Management
22.
(1) The Board of Management shall consist; namely:-
(a) The Vice-Chancellor - Chairman;
(b) The Pro Vice-Chancellor, if any;
(c) One member nominated by the Chancellor;
(d) Five members, nominated by the Institute of Management Studies
(Society), Dehradun;
(e) Two Professors of the University, by rotation as nominated by the
Chancellor;
(f) Two Deans o f the faculties, by rotation as nominated by the
Chancellor;
(g) Principal Secretary/Secretary to the State Government of the Higher
Education Department;
(h) The Registrar shall be non-member Secretary;
(2) The Board of Management shall be the Principa l Managing body of the
University.
(3) The powers and functions of the Board of Management shall be such as
may be prescribed by the Statutes.
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 Rules and
the Statutes, co-ordinate and exercise general supervision over the
academic policies of the University.
(3) The powers and functions of the Academic Council shall be such as may be
prescribed by the Statutes.
The Finance
Committee
24. (1) The Finance Committee shall consist of, namely:-
(a) the Vice-Chancellor - Chairman;
(b) the Finance Officer - Secretary;
(c) Principal Secretary/Secretary to the State Government of the Higher
Education Department;
(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, Rules, Statutes, co -ordinate and exercise general
supervision over the financial matters of the University.
(3) The powers and functions of the Finance Committee shall be such as may
be prescribed by the Statutes.
Other
Authorities
25. The constitution, powers and functions of the other authorities of the
University shall be such as may be prescribed by the Statutes.
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 the 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 follows:-
(a) transaction of business of the Authorities of the University and procedure
of constitution of such units, which is 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, Pro Vice-
Chancellor, Regist rar and the Finance Officer and their powers and
functions;
(d) the mode of recruitment and the conditions of service of the other officers,
teachers and employees of the University;
(e) 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) conferment of honorary degrees;
(i) 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
permanent resident of Uttarakhand;
(k) the fee chargeable from students for various courses of studies;
(l) institution of fellowships, scholarships, studentships, freeships, medals and
prizes;
(m) creation and abolition of posts;
(n) disciplinary action against students/ employee of the University;
(o) other matters which may be prescr ibed and deemed necessary for framing
of the Statutes.
(p) appointment of the chancellor his power and functions;
Statutes how
made
28. (1) The first Statutes made 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 unde r sub-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 Statutes 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 b e laid down 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 residence 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) The Fee and Deposits chargeable from students for v arious courses of
studies;
(j) 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 modifications.
(2) Where the State Government fails to take any decision with respect to the
approval of the rules within the period speci fied 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 may, with the approval of the State Government,
make new or additional rules or amend or repeal the Rules.
CHAPTER-VI
Miscellaneous
Provisions for
Permanent
Resident of
Uttarakhand
33. (1) For admission in various courses conducted by the University, 40 percent
seats shall be reserved for the permanent residents of State of Uttarakhand,
and if the reserved s eats are vacant, then the said vacant seats may be filled
by the other candidates.
(2) For tuition fees fixed for various courses conducted by the University, 26
percent rebate shall be given to the permanent residents of the State of
Uttarakhand who shall seek admission as per sub-clause (1) above.
(3) All posts of Group ‘C’ and ‘D’ employees shall be filled by the permanent
residents of the State of Uttarakhand.
Conditions of
Service of
employees
34. (1) Every employee shall be appoint ed 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 any employee shall be governed by procedure
prescribed in the Statutes.
(3) Any dispute a rising out of the contract between the University and an
employee shall, be resolved by the procedure prescribed by the relevant
Statutes.
(4) Notwithstanding anything contained in this Act, the employees of the
University shall not be deemed to be publi c servant and would always
remain as under the private employment of the University for the purpose
of this Act or otherwise.
Right to appeal
35. Every employee or student of the University or of a Constituent College,
Regional Centre, Study Centre and Career Academy Centres shall,
notwithstanding anything contained in this 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 Princip al
of any such Constituent College, Regional Centre, Study Centre and Career
Academy Centres, as the case may be, and there upon the Board of
Management may confirm, modify or change the decision appealed against.
Provident
Fund and
Pensions
36. The Uni versity 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
Authorities
and Bodies
37. If any question arises as to whether any person has been duly nominated or
appointed as, or is entitled to be a member of any authority or other body of
the University, the matter shall be referred to the Chancellor, whose
decision thereon shall be final.
Constitution of
Committees
38. Any authorities of the University mentioned under section 20 will be
empowered to constitute a committee of such authority, consisting of such
members and having such powers as the authority may deem fit.
Filling of
Casual
Vacancies
39. Any casual vacancy among the members, other than ex -officio members, of
any Authority or body of the University shall be filled in the same manner
in which the member whose vacancy is to be filled up, was chos en, 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
40. No suit or other legal pr oceedings 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 pursuance of the provisions of this Act, the Statutes
or the Rules.
Transitional
Provisions
41. Notwithstanding anything contained in any other provisions o f this Act and
the Statutes:
(a) The first Vice -Chancellor and Pro -Vice-Chancellor, if any shall be
appointed by the Chancellor after due approval from the Board of
Governers 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 after due approval from the Board of Governers 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 after due approval
from the Board of Governers for a term of three years.
Permanent
Endowment
Fund
42. The University shall establish a permanent endowment fund of Rs. Five
crore in the form of a Bank Guarantee of a Nationalized Bank pledged in
the name of State Government of Uttarakhand which tenure shall be five
years and after that shall be renewed for five years again.
General Fund
43. (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 Promoting 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.
(2) The funds credited to the general fund shall be applied to meet all the
recurring expenditure of the University.
Development
Fund
44. (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 purposes of the
development of the University;
(c) all contributions made by the Promoting 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;
(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
45. The funds established under sections 42, 43 and 44 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
46. (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 the Visitor and the State Government before 31 December
following close of the financial year in 31 March each year.
Account and
Audit
47. (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 e ntered 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 (I.C.A.I.),
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 State Government
alongwith its observations thereon before the 31st December each year.
(5) The direction of the State Government o n 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
48. A copy of any receipt, application, notice, order, proceeding or resolution of
any autExcerpt shown. Open the full act in Lexace.