LexThe HIMALAYAN GARHWAL UNIVERSITY ACT, 2016
Uttarakhand · state statute
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[MAHARAJA AGRASEN HIMALAYAN GARHWAL UNIVERSITY]
ACT, 2016
[UTTERAKHAND ACT No. 33 OF, 2016]
INDEX
Sections Details
Chapter-1
Preliminary
1. Short title and Commencement
2. Definitions
Chapter-2
The University and its Objects
3. Proposal for the Establishment of University
4. Establishment of University
5. State not under any Statutor y Obligation to Grant Financial
Assistance to the University
6. Power to affiliate Any Institution
7. Objects of the University
8. Powers of the University
9. University open to all classes,
and gender
10. National Accreditation
CHAPTER- 3
Officers of the University
11. University’s Officers
12. Visitor
13. The Chancellor
14. The Pro-Chancellor
15. The Vice- Chancellor
16. The Pro-Vice Chancellor
17. The Registrar
18. The Sub-Registrar
19. Deans of Faculties
20. The Finance Officer
21. Other Officer
CHAPTER- 4
Authorities of the University
22. Authorities of the University
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23. The Board of Governors and Its powers
24. The Board of Management
25. The Academic Council
26. The Finance Committee
27. Other Authorities
28. Proceedings not invalidated on account of Vacancy
CHAPTER- 5
Statutes and Rules
29. Statutes
30. Statutes how made
31. Power to Amend the Statutes
32. Rules
33. Makeup of Rules
34. Power to amend Rules
CHAPTER – 6
Miscellaneous
35. Provisions for Permanent Resident of Uttarakhand
36. Conditions of Service of Employees
37. Right to appeal
38. Provident Fund and Pensions
39. Disputes as to University Authorities and Bodies
40. Constitution of Committees
41. Filling of Casual Vacancies
42. Protection of action taken in good faith
43. Transitional Provisions
44. Permanent Endowment Fund
45. General Fund
46. Development Fund
47. Maintenance
48. Annual Report
49. Account and Audit
50. Mode of proof Of University record
51. Dissolution of University
52. Expenditure of University During dissolution
53. Removal of Difficulties
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[MAHARAJA AGRASEN HIMALAYAN GARHWAL UNIVERSITY
ACT,]1 2016
[UTTERAKHAND ACT No. 33 OF, 2016]
AN
ACT
to establish and incorporate a Private University in the name of “ [Maharaja
Agrasen Himalayan Garhwal University ]1” at Block Pokhra, Pauri Garhwal, Utta rakhand
Promoted by Jan Kalyan Educational Trust registered under the Indian Trusts Act, 1882 at 13,
Naveen Park, Sahibabad, Ghaziabad to provide and facilitate education of Technical Education,
Higher Education, Humanities & Social Sciences , Commerce, Sc ience, Computer Science,
Agriculture Science, Management, Poultry Husbandry and Animal Feed, Horticulture,
Paramedical Science, Nursing, Law Education, Mass Communication and Journalism, Teaching
Education, Hotel Management, Pharmacy and to facilitate edu cation, training and research in
other area of education.
It is hereby enacted by Uttarakhand state Legislature in the Sixty -Seventh Year of the
Republic of India as follows:
CHAPTER-1
Preliminary
Short title and
Commencement
1 (1) This Act may be c alled the 1[“Maharaja Agrasen Himalayan
Garhwal University”] Act, 2016.
(2) It shall be deemed to have come into force on the date, the
notification is issued by the State Government in the Official
Gazette.
Chapter-2
The University and its Objects
Proposal for the
Establishment of
University
3 (1) The promoting Trust shall have the right to establish the
1[Maharaja Agrasen Himalayan Garhwal University] in
accordance with the provisions of this Ordinance.
(2) An application containing the proposal to establi sh a
University has been made to the State Government by
Promoting Trust.
The Proposal contained the following Particulars, namely:-
(a) The objects of the university along with the details of
Promoting Trust;
(b) The extent and status of the university and the av ailability 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;
--------------------------------------------------------------------------------------
1. Subs. In section 2 of Uttrakhand Act, no. 21 of 2021.
5
(d) The nature of faculties, courses of study and research
proposed to be started;
(e)The campus development such as buildings, equipment and
structural amenities;
(f) The phased outlays of capital expenditure for a period of the
next five years;
(g) The item-wise recurring expenditure, source of finance and
estimated expenditure for each student;
(h) The scheme for mobilizing resource and the cost of capital
thereto and the manner of repayments to each source;
(i) The scheme of genera tion 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 indicating varying rate of fee, if any, that would
be levied on non resident Indians and students of other
nationalities;
(k) The years of experience and expertise in the concerned
discipline at the command of promoting Trust as well as the
detail of financial resources;
(l) The system for selection of students to the course of study
at the university;
Status of fulfilment of such other conditions as may be
required by the state Government to be fulfilled before the
establishment of the University.
Establishment of
University
4 Where the state Government, after such inquiry is satisfied that
promoting Trust, has fulfilled the all conditions, norms and
requirements for establishment of 1[Maharaja Agrasen Himalayan
Garhwal University]
, hence a University to be known as 1[Maharaja Agrasen Himalayan
Garhwal University]
(1) is hereby established in the state of Uttarakhand.
The University shall be a body corporate by the name “ 1[Maharaja
Agrasen Himalayan Garhwal University]
(2) ” and shall have a perpetual succession and common seal
and shall sue and be sued by its name.
---------------------------------------------------------------
1. Subs. In section 2 of Uttrakhand Act, no. 21 of 2021.
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(3) (a) The main campus of the university shall be at village -
Dhaid Gaon, Block Pokhra, Pauri Garhwal, Uttarakhand.
It may also have campuses or regional centres, study
centres at other places provided that the procedures
established by UGC and other statutory bodies shall be
complied with. The University can open its second
campus within the state in 5 (five) years of its Coming
into existence with prior approval of the State
Government. The university can o pen other campuses
any time in a hill region located at an altitude greater
than 1500 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 split campus
either adjoining or nearby within entire region of Pauri
Garhwal.
(4) The Chancellor, the Pro-Chancellor, the Vice Chancellor,
Pro-Vice Chancellor, Registrar, members of the Board of
Governors and members of Board of Management 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 a nd immoveable
properties acquired, created, arranged or built by
Promoting Trust, for the purpose of the University.
(6) The available land, building, various department/
faculties of the University shall be must according the
standard of Apex Regulatory Commission.
The infrastructural and other facilities of the University
campus, off campus centre, study centre, information centre
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 o r corporation owned or controlled by the
state Government.
Power to affiliate
Any Institution
6 The university may have off -campus centres, constituent
colleges, regional centres, study Centres and Career
Academic Centres but shall have no power to admit any
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other college or institution to the privileges of affiliation.
Objects of the
University
7 The objectives for which the University is established are as
follows:
(a) To provide instructions, teaching, training and research in
all disciplines pertaining t o Technical Education, Higher
Education, Humanities & Social Sciences , Commerce,
Science, Computer Science, Agriculture Science,
Management, Poultry Husbandry and Animal Feed,
Horticulture, Paramedical Science, Nursing, Law
Education, Mass Communication and Journalism, Teaching
Education, Hotel Management, Pharmacy and other areas
of education;
(b) To establish campuses or Constituent Colleges of Technical
education, Higher education, Humanities & Social
Sciences, Commerce, Science, Computer Science,
agriculture Science, management, poultry husbandry and
animal feed, Horticulture, Paramedical science, Nursing,
Law Education, Mass Communication and Journalism,
Teaching Education, Hotel Management, Pharmacy 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 Grant
Commission but the University shall, have the right to start
other diploma and certificate course in furtherance of its
Objectives.
(c) To establish a Constituent Centre for Continuing Education
to Provide instruction through the distance learning
methodology for the courses mentioned in Programs as
given in clause(b) above, as per the guidelines of concern
council.
(d) To establish examination centres;
(e) To institute degree, 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 innovation in the Technical Education, Higher
Education, Humanities & Social Sciences , Commerce,
Science, Computer Science, Agriculture Science,
Management, Poultry Husbandry and Animal Feed,
Horticulture, Paramedical Science, Nursing, Law
Education, Mass Communication and Journalism, Teaching
Education, Hotel Management, Pharmacy and other areas
of education through Seminars, conference, workshops,
educational programmes, community development
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program, publications, training programmes, and study
groups etc;
(g) To undertake extra -mural studies, extensio n programmes
and field outreach activities to contribute to the
development of the society;
(h) To pursue any other objective as may be approved by the
Board of Governors within the rules of the State
Government and UGC.
(i) Under the university -industry interlink ed programme, for
the skills development of the students, the university will
collaborate in internship and placement programme with
various Industrial Institutions both at national and
international level and with its experienced faculty, the
university w ill offer teaching & training to the persons
working with the Industrial Houses and shall provide aid
and assistance in consultancy services and R&D activities.
(j) For the growth and development of economically and
socially deprived class, the university will offer pre
university course, which shall provide such students a
chance to enter in main-stream.
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 Edu cation, Higher Education, Humanities &
Social Sciences , Commerce, Science, Computer Science,
Agriculture Science, Management, Poultry Husbandry and
Animal Feed, Horticulture, Paramedical Science, Nursing,
Law Education, Mass Communication and Journalism,
Teaching Education, Hotel Management, Pharmacy 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 examination for, and to institute grant and confer
degrees or other academic distinctions to, and on persons,
who:
(I) Have pursued a course of study in the university or
in a constituent College or through its distance
education system at regional centre/ study Centre/
Career Academy Centre/ Information centre; or
(II) Have carried on research in the university or in a
constituent body or under its distance education
centre;
(d) To confer honorary degree or other academic distinc tions in
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the manner and under conditions laid down in the statutes/
Provisions;
(e) To institute and award fellowships, scholarships and prize
etc. In accordance with the statutes;
(f) To demand and receive such fees, 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
regards the guidelines of the State Government and UGC as
applicable from time to time shall be followed;
(h) To make provisions for the extracurricular activities for
students and employees;
(i) To make appointments of fa culty, officers and employee of
the university or a Campus College, constituent College,
Regional Centre, study centres, Research Centre, career
Academy Centre;
(j) To receive donation 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, Regional Centre, study centres,
Research Centre, career Academy Centre with prior
permission of the promoting trust;
(k) To institute and maintain halls/ Hostels an d 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 students and all categories
of employees and to lay down the conditions of service of
such employees including their code of conduct;
(m) To create academic, administrative, and supporting staff and
other necessary posts;
(n) To co -operate and collaborate with other Universities,
institutions, Organisations, Individuals, Industries an d
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 manner in
which distance education in relation to academic
programmes of the university may be organized;
(p) To organize and conduct refresher course, orientation
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courses, workshops, seminars and other programmes for
teachers, lesson writers, evaluation and other academic
staff;
(q) To determine standards of admission to the university or a
constituent College, Regional Centre, study centres, with
the approval of academic council;
(r) To make special provision for residents 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;
(s) To prescribe such courses for Bachelor Degree; Post
Graduate Degree, Doctor of Philosophy, Doctor of Science
Degree and Research and to start Diploma, Certificates in
Technical Education, Higher Education, Humanities &
Social Sciences , Commerce, Science, Computer Science,
Agriculture Science, Management, Poultry Husbandry and
Animal Feed, Horticulture, Paramedical Science, Nursing,
Law Education, Mass Communication and Journalism,
Teaching Education, Hotel Management, Ph armacy 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 Trust;
(u) To provide for the preparation of instructional materials,
including films, cassettes, tapes, video cassettes, CD, DVD,
and other software’s;
(v) To recognize examination of, or periods of study (whether
in full or in part) of other Universities, Institutions or other
place of higher learning 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 establish information center throughout the country of
India and abroad and 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) Not withstanding anything contained in any other law for the
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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 fir for the promotion of the
university and distance education system and for the
determination of standard of teaching, evaluation and research
in such systems and for the purpose of performing this
function, the University shall have such power, 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,
and gender
9 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 permanent Resident of Uttarakhand;
Provided further that nothing in this section shall be
deemed to req uire the University or constituent colleges or
Regional Centers or Study Centers or Career Academy Centers to
admit in any course of study a larger number of Students than may
be determined by the statutes;
National
Accreditation
10 The University sha ll seek accreditation from respective national
accreditation bodies, if required.
CHAPTER- 3
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 Pro-Chancellor;
(d) the Vice-Chancellor;
(e) the pro Vice-Chancellor;
(f) the Registrar;
(g) the sub-Registrar;
(h) the Deans of Faculties;
(i) the Finance Officer; and
(j) Such other officers as may be declared by the Statutes to be
officers of the University.
Visitor 12 (1) The Governor of Utt arakhand will be the Visitor of the
12
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 th e affairs of the
University ;
(b) On the basis of the information received by the Visitor , if
he is satisfied that any o rder, proceeding, or decision
taken by any authority of the University is not in
Conformity with the Decision, Act, Regulation, Statutes,
or Rules, he may issue Such direction as he may deem fit
in the interest of the University and the directions so
issued shall be complied by all concerned.
The Chancellor 13 (1) The Chancellor shall be the president of the Promoting trust.
(2) The Chancellor shal l have the overall supervision and
controlling power over the affairs of the university and shall
have such powers as may be conferred on him by this
Ordinance or the Statutes made there under.
The Pro-
Chancellor
14 (1) Upto Three Pro -Chancellors may be appointed from amongst
the members of the Promoting Trust.
(2) The Pro -Chancellor shall have such powers as may be
conferred on him by this Ordinance or the Statutes made there
under.
The Vice-
Chancellor
15 (1) The Vice -Chancellor shall be appointed on such terms and
conditions as may be prescribed by the statutes for a term of
two years by the Board of Governor from 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 Pr omoting Society, who
shall be the convener of the committee.
(3) The committee shall, on the basis of merit, prepare a panel of
names of persons suitable to hold the office of the Vice -
Chancellor and forward the same to the Board of Governors
along with a conc ise Statement showing the academic
qualifications and other distinctions of each Person.
13
(4) The Vice -Chancellor shall be the Principal executive and
academic officer of the University and shall exercise general
supervision over the affairs of the university and give effect to
the decisions of the Chancellor of the University;
(5) Where any matter other than the appointment of a teacher is of
urgent nature requiring immediate action and the same could
not be immediately dealt with by any officer or the authority
or other body of the University empowered by or under this
Ordinance 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 the 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
16 A Pro -Vice-Chancellor may be appointed by the Chancellor with
prior approval of the Board of Governors in such manner and shall
exercise the powers of Vice Chancellor in his absence and shall
exercise such powers and Perform such duties as may be prescribed
by Statutes.
The Registrar 17 (1) The Registrar shall be appointed by the Chancellor in such
manner and on Such terms and cond itions 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 power to authenticate records on
behalf of the University and shall exercise such other
powers and perform Such other duties as may be prescribed
or may be required from time to time, by the Chancellor or
the Vice-Chancellor.
(4) The Registrar shall be responsible for the due custody of the
records and the Common seal of the Vice-Chancellor or any
other authority, all such Information and documents as may
be necessary for transactions of their business.
The Sub-Registrar 18 A Sub - Registrar may be appointed by the Chancellor with prior
approval of the Board of Governors in such manner and shall
exercise the p owers of the Registrar in his absence and shall
exercise such powers and Perform such duties as may be prescribed
by Statutes.
14
Deans of
Faculties
19 Deans of faculties shall be appointed by the Vice -Chancellor with
approval of Chance llor in such manner and shall exercise such
powers and perform such duties as may be prescribed by Statutes.
The Finance
Officer
20 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 Status.
Other Officer 21 The manner of appointment, terms and conditions of service and
powers and duties of the other officers of the University Shall be
such duties as may be prescribed by the Statutes.
CHAPTER- 4
Authorities of the University
Authorities of
the University
22 The following shall be the authorities of the University; namely:-
(a) The Board of Governors;
(b) The Board of Management;
(c) The Academic Council;
(d) The Finance Committee; and
(e) Such other authorities as may be declared by the Statutes to
be authorities of the University.
The Board of
Governors and Its
powers
23 (1) The Board of Governors shall consist of:-
(a) The Chancellor -Chairman;
(b) The Vice-Chancellor - Member Secretary;
(c) One Academicians nominated by the Visitor;
(d) Principal Secretary/ Secretary to the State Government
in the Higher Education Department;
(e) five members nominated by the Promoting Trust;
(f) One member nominated by the Promoting Trust from
reputed higher education institutions.
(g) One member nominated by the Promoting Trust from
reputed industrial / corporate sector/ repute d 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 Ordinance, or the Statutes or the
Rules;
(c) To approve the budget and annual report of the
15
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 appoint and authorised any person/ persons 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, B oard of the
Governors thinks fit.
The Board of
Management
24 (1) The Board of Management shall consist; namely:-
(a) The Pro Chancellors -- special invitees
(b) The Vice-Chancellor -Chairman
(c) The Pro Vice-Chancellor, if any;
(d) One member nominated by the Chancellor;
(e) Five members, nominated by the Promoting Trust;
(f) Two professors of the University, by rotation as
nominated by
the Chancellor;
(g) Two Deans of the faculties by rotation as nominated by
the
Chancellor,
(h) Principal Secretary/ Secretary to t he State Government
of the
Higher Education Department;
(i) The Registrar shall be non-member Secretary;
(2) The Board of Management shall be the Principal Managing
body of the University.
(3) The powers and functions of the Board of Management
shall be Such as may be prescribed by the Statute
The Academic
Council
25 (1) The Academic Council shall consist of:-
(a) the Vice-Chancellor -Chairman
16
(b) the Registrar - Secretary;
(c) such other member s 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 Ordinance, the Rules and the Statutes, co -ordinate
and exercise general supervision over the ac ademic 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
26 (1) The Finance Committee shall consist of, namely;-
(a) the Vice-Chancellor-
(b) the Finance Officer –Secretary;
(c) Principal Secretary/ Secretary to the State Government
of the Higher Education Department;
(d) Four members nominated by the promoting trust.
(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 Ordinance, 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 27 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
28 No act or proceeding of any authority of the University shall be
invalidmerely by reason of the existence of any vacancy or defect
in the constitution of the authority.
CHAPTER- 5
Statutes and Rules
Statutes 29 Subject to the provisions of this Ordinance, the statutes may
provide for any matter relating to the University and staff, as
following:-
(a) Transaction of business of the Authorities of the University
and procedure of constitu tion of such units, which is not
specified in this Ordinance;
(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, Registrar, Sub Reg istrar
17
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 and collaboration with other
Universities including foreign University or institutions of
higher learning;
(h) conferment of honorary degrees;
(i) grant of free ships 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 f or various courses of
studies;
(l) institution of fellowships, scholarships, studentships, free
ships, medals and prizes;
(m) creation and abolition of posts;
(n) disciplinary action against students/ employee of the
University;
(o) other matters which may be prescribed a nd deemed
necessary for framing of the Statutes.
(p) The power and functions of Chancellor;
Statutes how
made
30 (1) The first Statutes made by the Board of Governors shall be
submitted to the State Government for its approval, which
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 with in the period
specified under sub -section (1) it shall b e deemed to have
been approved by the State Government.
Power to Amend
the Statutes
31 The Board of Governors may, with the prior approval of the State
Government, make ne w or additional Statutes or amend or repeal
the existing Statutes.
Rules 32 Subject to the provisions of this Ordinance, the Rules may provide
for all or an of the following matters, namely:-
18
(a) Admission of students to the Un iversity and their
enrolment and continuance as such;
(b) The courses of study to be laid down for all degrees and
other academic distinctions of the University;
(c) The award of degree and other academic distinctions;
(d) The conditions of the award of fellowships, 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 dissidence of the students at the
University or a Constituent College;
(i) The Fee and Deposits chargeable fro m students for
various courses of studies;
(j) All other matters as may be provided in the Statutes and
under the Ordinance.
Makeup of Rules 33 (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 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
34 The Board of Governors may, with the approval of the State
Government, make new or additional rules or amend or repeal the
Rules.
CHAPTER – 6
Miscellaneous
Provisions for
Permanent
Resident of
Uttarakhand
35 (1) For admission in various courses conducted by the
University, 31% percent seats shall be reserved for the
permanent residents of Uttarakhand, and if the reserved
seats are vacant, then the above said vacant seats may be
filled by the other candidates.
(2) For tuition fees fixed for various co urses conducted by the
19
University, 31 percent rebate shall be give to the permanent
residents of the State of Uttarakhand who shall s eek
admission as per sub-clause (1) above.
(3) First priority t o hire ‘C’ and ‘D’ Category employees shall
be given to the Per manent residents of the State of
Uttarakhand.
Conditions of
Service of
Employees
36 (1) Every employee shall be appointed under a written contract,
which shall be kept in the University an d 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 arising out of the contract between the
University and An employee shall, be res olved by the
procedure prescribed by the relevant Statutes.
(4) Notwithstanding any thing contained in this Ordinance, the
employees of The University shall not be deemed to be
public servant and would always remain as under the
private employment of the University for the purpose of this
Ordinance or otherwise.
Right to appeal 37 Every employee or student of the university or of a Constituent
College, Regional Centre, Study Centre and Career Academy
Centers Shall, notwithstanding any thing contained in this
Ordinance, have a right to appeal within such time as may be
prescribed, to the Board of Management against the decision of any
officer or authority of the University or of the Principal of any such
Constituent College, Regional Cen tre, Study Centre and Career
Academy Centers, 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
38 The University shall constitute for the benefit of its employees such
provident or pension fund and provide such insurance scheme as it
may deem fit in such manner and subject to such conditions as may
be prescribed.
Disputes as to
University
Authorities and
Bodies
39 If any question arises as to whether any person has been duly
Constitution of 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 t he Chancellor, whose decision thereon shall be
final.
Constitution of
Committees
40 Any authorities of the University mentioned under section 20 will
be empowered to constitute a committee of such authority,
consisting of Such memb ers and having such powers as the
authority may deem fit.
Filling of Casual 41 Any casual vacancy among the members, other than ex -officio
20
Vacancies members, of any Authority or body of the University shall be filled
in the same manner in which the mem ber whose vacancy is to be
filled up, was Chosen, and the person filling the vacancy shall be a
member of such authority or body for the residue of the term for
which the person whose place he/she fills would have been a
member.
Protection of
action taken in
good faith
42 No suit or other legal proceeding 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 pu rsuance of the provisions of
this Ordinance, the statutes or the Rules.
Transitional
Provisions
43 Notwithstanding anything Contained in any other provisions of this
and the Statutes:
(a) The first Vice -Chancellor and Pro -Vice Chancellor, if any
shall be ap pointed by the Chancellor after due approval
from the Board of Governors and the said officer shall hold
office for a term of two years;
(b) The first Registrar and the first Finance Officer shall be
appointed by the Chancellor after due approval from the
Board of Governors 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 Governors for a term of three years;
Permanent
Endowment Fund
44 The University shall establish a permanent endowment fund of Rs.
Two crore in the form of a Bank Guarant ee 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 45 (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 Trust;
(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 46 (1) The University shall also establish a development fund to
21
Fund 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 Trust;
(d) all contributions/donations made in this behalf by any
other person or body which are not prohibited by any law
for the time begin in force;
(e) all incomes received from the permanent endowment
fund.
(2) The funds credited to the development fund fr om time to
time shall be utilized for the development of the University.
Maintenance 47 The funds established under sections 44, 45 and 46 shall,
subject of Fund to general supervision and control of the Board of
Governors, be regulated and maint ained in such manner as may be
prescribed.
Annual Report 48 (1) The annual report of the University shall be prepared under
the direction of the Board of Management and forward to
Board of Governors for its approval.
(2) The Board of Gov ernors 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 foll owing close of the
financial year in 31March each year
Account and
Audit
49 (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 r eceived by the University from
whatever source and all amount disbursed or paid shall be
entered in the accounts maintained by the University.
(2) The annual accounts of the University shall be audited by an
auditor, Who is a member of the Institute of Charter ed
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 Government along with its observations
22
thereon before the 31st December each year.
Mode of proof Of
University record
50 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 University or any entry in any regist er
duly maintained by the University, if certified by the Registrar,
shall be received as prima facia evidence of such receipt,
application, notice, order, proceeding, resolution or document or
the existence of entry in the register and shall be admitted a s
evidence of the matters and transaction therein recorded where the
original there of would, if produced, have been admissible in
evidence.
Dissolution of
University
51 If Promoting trust proposes dissolution of the “1[Maharaja Agrasen
Himalayan Garhwal University]
(1) ” in accordance with the law governing its constitution or
incorporation, it Shall give at least three months notice in
writing to the State Government.
(2) On identification of mismanagement, mal -administration, in -
discipline, failure in the accomplishment of the objects of
University and economic hardship in the management
systems of University, the State Government would issue
directions to the management system of University, if the
directions are not following within such time as may be
prescribed, the right to take decision for winding up of the
University would vest in the State Government. Excerpt shown. Open the full act in Lexace.