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Uttarakhand · state statute
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THE SWAMI RAMA HIMALAYAN UNIVERSITY ACT, 2012
[UTTARAKHAND ACT NO. 12 OF 2013]
INDEX
Sections Details Page No.
CHAPTER – I
Preliminary
1 Short title and commencement
2 Definitions
CHAPTER – II
The University and its Objectives
3 Proposal for the establishment of the University
4 Establishment of the University
5 State not under any statutory obligation to grant financial assistance
to the University
6 No power to affiliate any Institution
7 Objectives of the University
8 Powers of the University
9 University open to all persons irrespective of class, caste, creed or
gender
10 National accreditation
CHAPTER – III
Officers of the University
11 Officer’s of the University
12 The Visitor
13 The Chancellor
14 The Vice Chancellor
15 The Pro-Vice Chancellor
16 The Registrar
17 Deans of Faculty
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 Powers to amend the statutes
30 Rules
31 Rules how made
32 Power to amend rules
CHAPTER – VI
Miscellaneous
33 Provisions for permanent residents of Uttarakhand
34 Conditions of service of employees
35 Right to appeal
36 Provident Fund and Pension
37 Disputes as to constitution of University Authorities and Bodies
38 Constitution of Committees
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 Accounts and Audit
48 Mode of proof of University record
49 Dissolution of University
50 Expenditures of the University during dissolution
51 Removal of difficulties
52 Repeal and saving
THE [SWAMI RAMA HIMALAYAN UNIVERSITY]1 ACT, 2012
[UTTARAKHAND ACT NO. 12 OF 2013]
AN
ACT
to establish and incorporate an University in the name of Swami Rama Himalayan University ,
promoted by Himalayan Institute Hospital Trust (HIHT), Dehradun, U ttarakhand, a Society registered
under Societies Registration Act, 1860 with emphasis on providing education, training and research in the
areas of medical sciences, dental sciences, allied health sciences, pharmacy, nursing, management studies,
science, engineering & technology, biotechnology, rural development, humanities, law, yoga sciences and
other areas of higher education.
It is hereby enacted by Uttarakhand State Legislature in the Sixty -fourth Year of the Republic of
India as follows:-
CHAPTER – I
Preliminary
Short title and
Commencement
1. (1) This Act may be called the {Swami Rama Himalayan University}1 Act, 2012.
(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) ‘Authorities’ means the Authorities of the University;
(b) ‘Academic Council’ means the Academic Council of the University;
(c) ‘Bodies’ means the bodies of th e University constituted by the relevant
authorities;
(d) ‘Board of Governors’ means the Board of Governors of the University;
(e) ‘Board of Management ’ means the Board of Management of the
University;
(f) ‘Board of Studies’ means the Board of Studies of the University;
(g) ‘Board of Examinations ’ means the Board of Examinations of the
University;
(h) ‘Campus’ means a campus of the University;
(i) ‘Chancellor’, ‘ Vice Chancellor ’, ‘ Pro Vice Chancellor ’, ‘ Registrar’,
‘Controller of Examinations ’ and ‘ Finance Officer’ respe ctively means
the ‘Chancellor’, ‘Vice Chancellor’, ‘Pro Vice Chancellor’, ‘Registrar’,
‘Controller of Examinations’ and ‘Finance Officer’ of the University;
(j) [‘Constituent College /School]1’ means a college or institution maintained
and managed by the University;
(k) ‘Dean of Faculty’ means the Dean of the Faculty of the University;
(l) ‘Department’ means a department (Academic Unit) of a college, teaching
and undertaking research in a subject or a group of subjects;
1- Subs. In section 2 of Uttrakhand Act, no. 30 of 2013.
2- Subs. In section 2 of Uttrakhand Act, no. 16 of 2021.
(m) ‘Distance Education System ’ means the system of imparting education,
within the State, through any means of information technology and
communication such as multimedia, broadcasting, telecasting, online over
internet, other interactive methods of communications, e -mail, internet,
computer, interactive talk back, e -learning, correspondence course, seminar,
contact program or a combination of any two or more of such means;
(n) ‘Employee’ means employee appointed by the University and includes
faculty and other staff of the University or of a [constituent college/School]1;
(o) ‘Faculties’ means faculties of the University;
(p) ‘Finance Committee’ means the Finance Committee of the University;
(q) ‘Government’ means the Government of Uttarakhand;
(r) ‘Head of Department’ means the Head of the department or a centre in the
University;
(s) ‘Ordinance’, ‘ Statutes’ and ‘ Rules’ means, respectively, the Ordinance,
Statutes and Rules of the University;
(t) ‘Permanent Resident’ means any resident of the State, who has the
domicile/permanent residence certificate as per the rules framed by the State
Government from time to time;
(u) ‘Prescribed’ means prescribed by the Statutes;
(v) ‘Principal/Dean’ means the Principal/Dean of a College of the University;
(w) ‘Promoting Society ’ means Himal ayan Institute Hospital Trust Society
registered under Societies Registration Act, 1860;
(x) ‘Regional Center ’ means a centre established 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;
(y) ‘State’ means Uttarakhand State;
(z) ‘Statutory Council’ means the Statutory Council established by the Act of
Parliament;
(aa) ‘Study Centre ’ means a centre esta blished, maintained or recognized by
the University for the purpose of advising, counseling or for rendering any
other assistance required by the students;
(bb) ‘Teacher’ means a Professor, Associate Professor, Assistant Professor/
Lecturer or such other person as may be appointed for imparting instruction
or conducting research in the University or in a [constituent
college/School]1 and institution and includes the Principal/ Dean of a
[constituent college /School]1, in conformity with the norms prescribed by
the Statutory Council;
(cc) ‘UGC’ means the University Grants Commission established under
University Grants Commission Act, 1956;
(dd) ‘University’ means the Swami Rama Himalayan University ;
(ee) ‘Visitor’ means the Visitor of the University.
-------------------------------------------------------------------------
1. Subs. In section 2 of Uttrakhand Act, no. 16 of 2021.
CHAPTER – II
The University and its Objectives
Proposal for the
establishment of
the University
3. (1) The Promoting Society i.e. Himalayan Inst itute Hospital Trust shall have the
right to establish the University in accordance with provisions of this Act.
(2) An application containing the proposal to establish a University has been made
to the State Government by the Himala yan Institute Hospital Trust, Dehradun.
The proposal contained the following particulars; namely:-
(a) the objectives of the University along with the details of the Himalayan
Institute Hospital Trust;
(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 such as buildings, equipment an d 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 activitie s
relating to the objectives 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 fee, i f any, that
would be levied on non-resident Indians and students of other nationalities;
(k) the years of experience a nd expertise in the concerned discipline at the
command of the Himalayan Institute Hospital Trust (HIHT) as well as the
financial resources;
(l) the system for selection of students to the courses of stud y 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
the University
4. (1) Whereas the State Government, after such inquiry as it may deem necessary, is
satisfied that the Himalayan Institute Hospital Trust, Dehradun has fulfilled the
norms, requirements and conditions for establishment of Swami Rama
Himalayan University hence there shall be established a University to be
known as ‘Swami Rama Himalayan University ’.
(2) The University shall be a body corporate by the name Swami Rama Himalayan
University and shall have a perpetual succession and a common seal a nd shall
sue and be sued in its name.
(3) 1[(a) The headquarters of the University shall be at Swami Ram Nagar,
Dehradun, Uttarakhand. The Second Campus of the University Shall be
established at Toli Malla Badalpur, Pauri Garhwal:
-------------------------------------------------------------------------
1. Subs. In section 2 of Uttrakhand Act, no. 16 of 2021.
Provided that University before establishing a Campus outside the
main campus, shall comply with the University Grants Commis sion
(Establishment of and Maintenance of Standards in Private Universities)
Regulations 2003 (as amended from time to time) ]
(b) However, to establish new department/subject/faculties where additional
land is required as per the norms of the concerned re gulatory body, the
University shall establish a separate split campus either adjoining or within a
radius of 25 (twenty five) km from its main campus.
(4) On the establishment of the University unde r sub -section (1), the land and
other movable and immovable pr operties acquired, created, arranged or built
by the University for the purpose of the University, except the properties of
Himalayan Institute Hospital Trust, shall stand transferred to and vested in the
University.
(5) The land, building and other properties acquired for the University shall not be
used for any purpose, other than that for which the same is acquired.
(6) For running all courses of various departments/faculties, the University shall
have land and building as per the norms of the relevant Apex R egulatory
Commission.
State not under
any statutory
obligation to grant
Financial
Assistance to the
University
5. The University shall be self -financing and the State shall not be under any
Statutory obligation for provid ing any grant to the University established
herein :
Provided that the University shall be entitled to receive any such grant
which may be granted under any special scheme of the State Government or
any body or corporate owned or controlled by the State Governme nt subject to
the conditions of such grant. This shall not have any effect on the self financing
statutes of the University.
No power to
affiliate any
Institution
6. The University may have its own [Constituent Colleges /School]1, Regional
Centres, Study Centres and Training and Research Centres, but shall have no
power to admit any other college or institution to the privileges of affiliation.
Objectives of the
University
7. The objectives for which the University is established are as follows:-
(a) to establish courses of stud y and research and to provide instruction and
training in such branches of study as the University deems appropriate
including medical sciences, dental sciences, nursing, pharmacy, paramedical
and allied health sciences, science, engineering and technology, biotechnology,
yoga sciences, management, rural development, humanities, law and other
branches of higher education
(b) to provide for the advancement and dissemination of knowledge derived
through research and experiential learning to larger audiences for the benefit of
mankind through seminars, conferences, workshops, educational programmes,
community development programmes, publications, training programmes and
study groups etc;
(c) to undertake extra -mural studies, extension programs and field outr each
activities to contribute to the development of society;
(d) to do all such things as may be necessary, incidental or conducive to the
attainment of all or any of the objectives of the University.
Powers of the
University
8. (1) The University shall have the following powers; namely :-
(a) 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;
(b) to hold examinations for, and to institute, g rant and confer degrees or
other academic distinctions to, and on, persons, who –
(i) have pursued a course of study in the University or a [constituent
college/School]1 or under a distance education system at Regional
Centres/ Study Centres; or
(ii) have carri ed out research in the University or in a [constituent
college/School]1 or under a distance education system;
(c) to confer honorary degrees or other academic distinctions in the manner
and under conditions laid down in the Statutes;
(d) to institute and award fellowships, scholarships, prizes, studentships,
certificates and other academic distinctions, in accordance with the
Statutes;
(e) [To grant donation or assistance to institutions having similar
objectives;]2
(f) to organize and conduct refresher courses, orient ation courses,
workshops, seminars and other programmes for teachers, faculty,
academic staff and students;
(g) to prescribe such courses for Bachelor Degree, Post Graduate Degree,
Doctor of Philosophy, Doctor of Science Degree, and Research which
would be covered by UGC, MCI, DCI, INC, PCI, AICTE and other
Statutory Councils; but University shall have right to start diplomas,
certificates, etc. in its own subjects;
(h) to determine standards of admission to the University or a [Constituent
College/School]1, Regional Centres, Study Centres through specialized
Committees with the approval of Academic Council;
(i) to make special provision for permanent residents of Uttarakhand for
admission in any course of the University or in a [Constituent
College/School]1, Regional Centre or Study Centre as per merit;
(j) to create Academic, Administrative and support staff and other
necessary posts;
(k) to make appointments of the faculty, officers and employees of the
University or a [Constituent College /School]1, Regional Centres and
Study Centres;
------------------------------------------------------------------
1. Subs. In section 2 of Uttrakhand Act, no. 16 of 2021.
2. Subs. In section 4 of Uttrakhand Act, no. 16 of 2021.
(l) to make provision for the advancement of education in dista nce and
alternate learning systems;
(m) to provide distance education system with prior approval of the
Distance Education Council in the manner in which distance education
in relation to the academic programmes of the University may be
organized;
(n) to demand an d receive such fee, bills, invoices and collect charges as
may be fixed by the Statutes or rules, as the case may be;
(o) to raise, collect, subscribe and borrow with the approval of the Board of
Governors, whether on the security or the property of the Unive rsity,
money for the purposes of the University;
(p) to receive donations and gifts 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 /School]1 or a
Regional Centre or a Study Centre with the prior permission of the
Promoting Society;
to make provisions for extracurricular activities for students and
employees;
(q) to institute and maintain halls and to recognize places of residence for
students of the University or a [Constituent College/School]1;
(r) to supervise and control the residence, 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;
(s) to co -operate and collaborate with other Institutions, Organizations,
Universities, 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;
(t) to provide for the preparation of instructional materials, including films,
cassettes, tapes, video cassettes, CD, VCD and other software;
(u) 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 study in the
University and to withdraw such recognition at any time;
(v) to enter into, carry out, amend or cancel contracts;
(w) to clearly set apart the academic activities of the University from the
activities of the Society;
(x) 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;
(y) to do all such other acts or things whether incidental to the powers
aforesaid or not, as may be necessary or feasible in furtherance of the
objectives of the University.
-------------------------------------------------------------------------
1. Subs. In section 2 of Uttrakhand Act, no. 16 of 2021.
(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 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 its
own [Constituent Colleges /School]1, Regional 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 in the Statutes.
University
Open to all
persons
irrespective of
class, caste,
creed or
gender
9. The University shall be open to all persons irrespective of class, caste, creed
or gender :
Provided that nothing in this section shall be deemed to prevent the
University from making special provisions for admission to students of th e
State of Uttarakhand :
Provided further that nothing in this section shall be deemed to
require the University or [Constituent Colleges/School]1 or Regional Centres
or Study 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
Officer’s 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 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.
The Visitor
12. (1) The Governor of Uttarakhand shall 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, Ordinances or
Rules, he may issue such directions as he may deem fit in the interest
of the University and the directions so issued shall be complied with
by all concerned.
-------------------------------------------------------------------------
1. Subs. In section 2 of Uttrakhand Act, no. 16 of 2021.
(4) Every proposal for the conferment of an honorary degree shall be subject to
the approval of the Visitor.
The
Chancellor
13. (1) The Chancell or shall be appointed by the Promoting Society from such
persons who shall be a member of the Promoting Society :
Provided that the Promoting Society may also appoint Chancellor
from persons other than 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 Chancellor from
a panel of three persons recommended by a Committee c onstituted in
accordance with the provisions of sub-section (2).
(2) The Committee referred to in sub -section (1) shall consist of the following
persons; namely :-
(a) One person nominated by the Chancellor;
(b) Principal Secretary/Secretary, Gov ernment of Uttarakhand, Dep artment
of Higher Education;
(c) Three persons nominated by the Board of Governors, one of whom shall
be nominat ed as the convener 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 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 who shall exercise general supervision and control over the
affairs of the University and implement the decisions of the authorities of the
University.
(5) Where any matter, other than the appointment of a faculty, 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 U niversity
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 prescribed by the Statutes.
(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 Pro-Vice
Chancellor
15. The Pro -Vice Chancello r may be appointed by the Vice -Chancellor with
prior approval of the Chancellor in such manner and he 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 by Statutes.
(2) All contracts shall be entered into and signed by Registrar on behalf of the
University.
(3) The Registrar shall be respon sible for due custody of records and 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.
(4) The Registrar shall have powers to authenticate records on behalf of the
University and he shall exercise such other powers and perform such other
duties as may be prescribed by the Statues or may be required from time to
time, by the Chancellor or the Vice- Chancellor.
Deans of
Faculties
17. Deans of Faculties shall be appointed by the Vice-Chancellor in such manner
and he shall e xercise such powers and perform such duties as may be
prescribed by Statutes.
The Finance
Officer
18. The Finance Officer shall be app ointed by the Chancellor in such manner
and he shall exer cise such powers and perform such duties as may be
prescribed by Statutes.
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 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 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) Three academicians nominated by the Visitor;
(d) The Principal Secretary/Secretary, Government of Uttarakhand,
Department of Higher Education;
(e) Five persons nominated by the Promoting Society;
(f) A nominee of the U G C;
(g) Three persons nominated by the Chancellor.
(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 appoint the Statutory Auditors of the University;
(c) [to review its own decisions and the decisions taken by any other
authority or officer of the University; ]1
(d) to approve budget, annual report and annual account of the University;
(e) to make new or additional Statutes & Rules or amend or repeal the
earlier Statutes & Rules;
(f) to take decision about voluntary winding up of the University;
(g) to open, close, operate and manage accounts of the University;
--------------------------------------------------------------
1- Subs. In section 5 of Uttrakhand Act, no. 16 of 2021.
(h) to approve proposals for submission to the State Government; and
(i)
to take such decisions and steps as are found desirable for effectively carrying out
the objectives of the University.
(3) The Board of Governors shall, meet at least thrice a year at such time and
place as the Chancellor thinks fit.
The Board of
Management
22. [(1) The Board of Management shall consist of :--
(a) The Vice-Chancellor - Chairperson;
(b) The Pro Vice Chancellor, if any;
(c) The Principal Secretary/Secretary, Government of Uttarakhand,
Department of Higher Education;
(d) 05 (five) persons nominated by the Promoting Society;
(e) 03 (three) Deans/Principals/Directors of constitutent colleges/Schools
by rotation nominated by the Chancellor;
(f) 02 (two) Professors on the basis of seniority cum rotati on nominated
by the Chancellor on recommendation of Vice Chancellor;
(g) the Registrar – Member Secretary.]1
(2) 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, subjec t to the provisions of this Act, the Statutes and
the Rules, co -ordinate and exercise general supervision over the academic
policies of the University.
(3) The powers and functions of the A cademic Council shall be such as may be
prescribed by the Statutes.
The Finance
Committee
24. (1) The Finance Committee shall consist of :-
(a) the Vice-Chancellor - Chairman;
(b) the Finance Officer - Secretary;
(c) the Principal Secretary/Secretary, Govt. of Uttarakhand, Department of
Finance;
(d) such other members as may be prescribed in the Statutes.
(2) The Finance Committee shall be the Principal Financial Body of the
University which shall 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.
(3) The powers and functions of the Finance Committee shall be such as may be
prescribed by the Statutes.
-----------------------------------------------------
1. Subs. In section 6 of Uttrakhand Act, no. 16 of 2021.
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 th e existence of any vacancy or defect in the
constitution of the authority.
CHAPTER – V
Statutes and Rules
Statutes
27. Subject to the provisions of thi s Act, the Statutes may provide for all or any
matter relating to the University and staff, as follows:-
(a) Transaction of business of th e Authorities of the University and the
composition of bodies not specified in this Act;
(b) The operation of the permane nt endowment fund, the general fund and the
development fund;
(c) Appointment of the Chancellor, his powers and functions;
(d) Terms and conditions of appoi ntment of the Vice -Chancellor, the Registrar
and the Finance Officer and their powers and functions;
(e) Mode of Recruitment and the conditions of service of the other officers,
faculty members and employees of the University;
(f) Resolving of disputes between the University and its officers, faculty
members, employees and students;
(g) Disciplinary action against employees of the University;
(h) Disciplinary action against students of the University;
(i) Creation, abolition or restructuring of departments and faculties;
(j) Manner of co -operation with other Universities or institutions of higher
education;
(k) Conferment of honorary degrees;
(l) Grant of freeships and scholarships;
(m) Number of seats in diffe rent courses of studies and the procedure for
admission of students to such courses including reservation of seats for
students of Uttarakhand;
(n) Institution of fellowships, s cholarships, studentships, freeships, medals and
prizes;
(o) Creation and abolition of posts; and
(p) 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 fai ls to take any decision with respect to the
approval of the Statutes wit hin the per iod specified under s ub-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 ame nd or repeal the
Statutes.
Rules 30. Subject to the provisions of this Act, the Rules may provide for all or any of
the following matters:-
(a) Admission of students to the University and their enrollment and
continuance as such;
(b) Laying down the courses of st udy 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 cond itions and mode of appointment
and duties of examining bodies, examiners, invigilators, tabulators and
moderators;
(f) Fee chargable from students for various courses;
(g) The fee to be charged for admission to the examinations, degrees and other
academic distinctions of the University;
(h) The conditions of residence of the students at the University or a
[Constituent College/School]1;
(i) Maintenance of discipline among the students of the University or a
[Constituent College/School]1;
(j) All other matters as may be provided in the Statutes and rules under this Act.
Rules how
made
31. (1) The Rules shall be made by the Boa rd of Governors and the rules so made
shall be submitted to the State Government for its approval, which may,
within two months f rom 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 may, with the prior approval of the State
Government, make new or additional rules or amend or repeal the rules.
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1. Subs. In section 2 of Uttrakhand Act, no. 16 of 2021.
CHAPTER – VI
Miscellaneous
Provisions for
Permanent
Residents of
Uttarakhand
33. (1) For admission in all courses conducted by the University, 40% seats shall be
reserved for the permanent residents of the State of Uttarakhand, and if the
reserved seats are vacant, than the said vacant seats may be filled by other
students.
(2) For tuition fees fixed for various courses conducted by the University, 26%
rebate shall be given to the permanent residents of Uttarakhand as mentioned
in sub-section (1) above.
(3) All posts of Group ‘C’ and ‘D’ employees shall be filled by the permanent
residents of the State of Uttarakhand based on their merits.
(4) For the reserved seats as mentioned in s ub-section (1) above, the University
shall comply with the State Government reservation policy as amended/
applicable from time to time.
Conditions of
service of
employees
34. (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 employees shall be governed by relevant
Statutes.
(3) Any dispute arising 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
University shall not be deemed to be Public Servants 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/School]1, Regional Centre, Study Centre etc. 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 Principal/Dean of any such
college, and thereupon the Board of Management may confirm, modify o r
change the decision appealed against.
Provident
Fund and
Pension
36. The University shall constitute for the benefit of its em ployees such
provident or pension fun d and provide such insurance scheme as it may
deem fit in such manner and subject to such conditions as may be prescribed.
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1. Subs. In section 2 of Uttrakhand Act, no. 16 of 2021.
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 authority of the University mentioned in section 20 shall 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 chosen, and the
person filling the vacancy shall be 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 proceedings shall lie against any officer or oth er
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 firs t Vice -Chancellor and first Pro Vice-Chancellor (if any) shall be
appointed by the Chancellor and the said officer shall hold office for a term
of three years;
(b) the first Registrar and the first Finance Officer shall be appointed by the
Chancellor and said officers 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 Manageme nt, the first Finance Committee and first
Academic Council shall be constituted by the Chancellor for a term of three
years.
Permanent
Endowment
Fund
42. The University shall establish a p ermanent endowment fund of ` 5 crore
(` Five crore) in the form of a Bank Guarantee of a Nationalized Bank
pledged in the name of State Government of Uttarakhand for the period of 5
years which shall be further renewed for a term of five years.
General Fund
43. (1) The University shall establish a general fund to which the following amount
shall be credited; namely : -
(a) all fee 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 genera l fund shall be applied to meet all the
recurring expenditures of the University.
Development
Fund
44. (1) The University shall also establish a Developm ent Fund to which the
following amounts shall be credited; namely : -
(a) development fee 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 i n 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
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 st December
following closing of the financial year on 31st March each year.
Accounts and
Audit
47. (1) [The bank accounts of the University shall be opened in any nationalized
bank or scheduled bank.]1
(2) 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 amounts disbursed
or paid shall be entered in the accounts maintained by the University.
(3) The annual accounts of the University shall be audited by auditor, who is a
member of the Institute of Chartered Accountants of India, every year.
(4) 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 st
December following closing of the financial year on 31st March every year.
(5) The annual acc ounts, the balance sheet and the audit report shall be
considered by the Board of Gove rnors at its meeting and the Board of
Governors shall forward the same to the Visitor and the State Government
along with its observations thereon before the 31st December each year.
(6) The directions of the State Gov ernment on the subject arising out of the
account and the audit report of the University shall be binding on the
University.
-------------------------------------------------
1-Subs. In section 7 of Uttrakhand Act, no. 16 of 2021.
Mode of proof
of University
Record
48. A copy of any receipt, application, notice, order, proceeding or resolution of
any authority or committee of the University or other documents in
possession of the University or any entry in any register duly maintained by
the University, if certified by the Registrar, shall be received as prima 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 ma tters and transaction therein recorded where the original
thereof would, if produced, have been admissible in evidence.
Dissolution of
University
49. (1) If Himalayan Institute Hospital Trust, Dehradun proposes dissolution of the
Swami Rama Himalayan University in accordance with the law governing
its constitution or incorpora tion, it shall give at least three months notice in
writing to the State Government.
(2) On identification of mis management, mal -administration, indiscipline,
failure in the acco mplishment of the objectives of the University and
economic hardships in the management systems of the University, the State
Government would issue directions to the management system o f the
University. If the direction is not followed within s uch 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 shall be initiated without affording a
reasonable opportunity to show cause to the Himalayan Institute Hospital
Trust.
(4) On receipt of the notice referred to in sub -section (1), the State Government
shall, in consultation with the respectiveExcerpt shown. Open the full act in Lexace.