LexThe GRAPHIC ERA HILL UNIVERSITY1 ACT, 2011
Uttarakhand · state statute
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THE [GRAPHIC ERA HILL UNIVERSITY]1 ACT, 2011
[UTTARAKHAND ACT NO. 12 OF 2011]
An
Act
to establish University known as the [Graphic Era Hill University]1 at Dehradun by Graphic Era
Educational Society , Dehradun for facilitate the purpose of Technical, Med ical, Management, Social
Science, Diploma, Degree, P.hD, Education, Training and Research and provide for matters thereto.
Be it enacted by Uttarakhand State Legislature in the Sixty -second year of the Republic of India
as follows :--
CHAPTER -1
Preliminary
Short title and
Commencement
1. (1) This Act may be called the [Graphic Era Hill University]1 Act, 2011.
(2) It shall come into force on such date, as the State Government may, by
notification in the Official Gazette, appoint.
Definitions 2.
In this Act, unless the context otherwise required :-
(a) “Academic Council” means the Academic Council of the University;
(b) “Board of Management” means the management board of University;
(c) “Career Academy Center” means such centre, which is established,
conducted and recognized by University for the purposes of acceptance of
e-mails, internet, interactive talk back, training, lectures, conduct of seminar
and workshops, guidelines, consultation or any type of necessary help for
students;
(d) “Chancellor” means chancellor of the University;
(e) “Campus” means a campus of University maintained and conducted on the
basis of regulations by the University;
(f) “Constituent College ” means any degree colleges or institutions
maintained and on the basis of regulations by the University;
(g) “Council for Technical Education” means the All India Council for
Technical Education established under section 3 of the All India Council for
Technical Education Act, 1987;
(h) “Distance Education System” means the system of imparting education
through any means of information technology and communication such as
multimedia, broadcasting, telecasting, online over internet, other interactive
methods, e -mails, internet, computer, interactive talk back, e -learning,
correspondence course, seminar, contact programme or a combination of
any two or more of such means;
(i) “Employee” means employee appointed by the University and includes
teachers and other staff of the University or of a constituent degree college;
(j) “Faculty” means faculty of the University;
(k) “Finance Committee” means finance committee of the University;
1. Substituted by section 2 of Uttarakhand Act No. 3 of 2013.
(l) “Government” means the Government of Uttarakhand;
(m) “Hall” or “Hostel” means a unit for residence for students maintained or
recognized by the university or constituent degree college;
(n) “Graphic Era Educational Society” means a society registered under the
Society Registration Act, 1860, which Registered Office is established at
566/ bell road, Clement town Dehradun 248002;
(o) “Prescribed” means prescribed by the Statutes;
(p) “Director” of Campus or “Principal” regarding Constituent College
means the Head of that campus or constituent campus degree college and
whereas no principal appointed, any other person working as principal in
that time is also included;
(q) “Registrar” means Registrar of the University;
(r) “Regional Center” means a such center established or maintained by the
University for the purpose of co -ordinating and supervising the work of
Study Centers in any region and for performing such other functions as may
be conferred on such centre by the Board of Management;
(s) “State” means State of Uttarakhand;
(t) “Statutes” and “Rules” means respectively, the Statutes and Rules of the
University;
(u) “Study Centre” means a centre established, maintai ned or recognized by
the University for the purpose of advising, counseling or for rendering any
other assistance required by the students ;
(v) “Teacher” means a Professor, Associate Professor, Assistant
Professor/Lecturer or such other person as may be appo inted for imparting
instruction or conducting research in the University or in a constituent
college and institution and includes the Principal of a constituent college;
(w) “University Grants Commission” means the University Grants
Commission established unde r the University Grants Commission Act,
1956 ;
(x) “University” means a purposed Uttarakhand Graphic Era Parvatiya
University under this Act.
(y) “Visitor” means the visitor of the University.
CHAPTER-II
The University and Its Objects
Proposal for the
establishment of
University
3. (1) The Graphic Era Educational Society, Dehradun shall have the right to
establish the University in accordance with the provisions of this Act.
(2) An application containing the pro posal to establish a University shall be
made to the State Government by Graphic Era Educational Society . The
proposal shall contain the following particulars; namely :--
(a) the objects of the University alongwith the details of Graphic Era
Educational 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 next five years;
.................................................
(d) the nature of faculties, courses of study an d 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, sources of finance and esti mated
expenditure for each student;
(h) the scheme for mobilizing resources and the cost of capital thereto and the
manner of repayments to each source;
(i) the scheme of generation of funds internally through the recovery of fee
from students, revenues anticipated from consultancy and other activities
relating to the objects of the University and other anticipated incomes;
(j) the details of expenditure on unit cost, the extent of concessions or rebates
in fee, freeship and scholarship for students belonging to econom ically
weaker sections 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 Graph ic Era Educational Society as well as the detail of
financial resources;
(l) the system for selection of students to the courses of study at the
University;
(m) status of fulfillment of such other conditions as may be required by the
State Government to be fulfil led before the establishment of the
University.
Establishment
of University
4. (1) Where the State Government, after such inquiry as it may deem necessary, is
satisfied that Graphic Era Educational Society, Dehradun has fulfilled the
conditions specified in sub-section (2) of section 3,it may direct the Graphic
Era Educational Society, Dehradun to establish an Endowment Fund.
(2) After the establishment of the Endowment Fund, the State Government may,
by notification in the Official Gazette, accord san ction for establishment of
the University.
(3) 1{(a) The University shall four Campuses, the headquarters and one campus
of the University shall be in Garhwal division district Dehradun and second
campus shall be in village Bilkhet district Pauri Garhwal and third campus shall
be in Bhimtal area in Kumau division, district Nainital and the fourth campus
shall be establish in any one district Nainital or district Udham Singh Nagar:
Provided that admission limitation of Dehradun campus shall be on e third
and of hill areas campus two third for students of Uttarakhand shall be
essentially reserved:
...................................................
1. Substituted by section 2 of UK Act no. 17 of 2020.
Provided further that the University before establishing a campus outside
the main campus, shall comply with the University Grants Commission
(Establishment of and Maintenance of Standards in Private Universities)
Regulations, 2003 ( as amended from time to time).}
(b) Campus, Regional Centers, Study Centers, Research Centers and Career
Academy Centers may also be established at other peaces within the
State. In this regard the University shall comply the fix procedure by
the University Grant Commission and other constitutional institutions.
(4) The Chancellor, the Vice Chancellor, members of the Board of Governors
Members of the Board of Management and the Academic Council for the
time being holding office as such in the University so established, shall
constitute a body co rporate and can sue and be sued in the name of the
University.
(5) On the establishment of the University under sub -section (2), the land and
other movable and immovable properties acquired, created, arranged or
built by Graphic Era Educational Society for the purposes of the University
shall stand transferred to, and vest in the University.
(6) The land, building and other properties acquired for the University shall not
be used for any purpose, other than that for which the same is acquired.
University not
to be entitled to
Financial
Assistance
5. The University shall be self financing and shall neither make a demand nor
shall be entitled to any grant -in-aid or any other financial assistance from
the State Government or any other body or corporation owned or co ntrolled
by the State Government.
No Power to
Affiliate any
Institution
6. The University may have constituent colleges, Regional Center Study
Centers, Research Centers and Career Academic Centre but shall have no
power to admit any other college or in stitution to the privileges of
affiliation. Neither any other society nor trust other than Graphic Era
Educational Society shall be entitled to vest any teaching institute etc. in the
University.
Objects of the
University
7. (1) The objectives for which the University is established are as follows :-
(a) to provide provisions for teaching, training and research in specialized
fields of all Technical, Medical, Management, General Science,
Diploma, Degree, P -hD, Education, Training and Research,
Advancement and Dissemination of knowledge therein;
(b) to establish campuses, constituent colleges of Technical,
Management, Medical, General Science and education for offering
diploma, graduate and post -graduate degree which would be as
nominated by the University Grants Commission but the U niversity
shall have the right to sta rt other diploma and certificate course in
furtherance of its objectives;
(c) to establish constituent center for give direction through the distance
education programmes as given in clause (b), above for continuing
education.
(2) To establish research and development center to promote technical,
management, medical, general science and education within the jurisdiction
of State and by him –
(a) to provide instructions and training in such branches of knowledge,
that may be deemed appropriate;
(b) to provide for research for the advancement of and dissemination of
knowledge;
(c) to initiate study and such other activities of Medical, Higher
Technical Education, Management Education, Higher Ed ucation and
Concerning subjects leading to the progress of World and Nation as
well as the State of Uttarakhand.
Powers of the
University
8. (1) The University shall have the following powers; namely :-
(a) for extension and promotion of knowledge and to provide provisions
of research and to give instruction from all concerning subject in
Technical, Medical, Management, Education, Higher Education and
Incidental Matters related to Information Technology to provide
education in all concerning subject for growth of Research and
Knowledge and Extension;
(b) to carry out all such other activities as may be necessary or feasible
in furtherance of the object of the University;
(c) to confer degrees or other academic distinction and establish grants,
conduct examination for such persons; namely :--
(1) to open study center of any courses through distance education
system within the jurisdiction of State from University or
constituent college or regional center/ study center/ constituent
education center; or
(2) have ca rried for research work under university or constituent
college or its distance education center;
(d) to confer honorary degrees or other academic distinction in the
manner and under conditions laid down in the Statutes/ Provisions;
(e) to institute and award fe llowships, scholarships and prizes etc. in
accordance with the Statutes;
(f) to demand and receive such fees, bills, invoices and collect charges as
may be fixed by the Statutes or rules, as the case may be;
(g) to make provisions for promotion of education in the field of Medical,
Higher Technical Education, Management Education, Higher
Education and any other areas as mentioned in section 7;
(h) to make provisions for extra curricular activities for students and
employees;
(i) to make appointments Professors, officers a nd employees of the
University or campus colleges, regional center, study center s,
Research Centers and Career Academy Center;
(j) to receive donations and gifts of any kind and to acquire, hold,
manage, maintain and dispose of any movable or immovable
property, including trust and endowment properties for the purpose of
the University or a constituents college, or a Regional Centre, Study
Centre and Career Academy Center with the prior permission of the
Graphic Era Educational Society, Dehradun;
(k) to ensure establishment of Hall/Hostels for students of campus degree
colleges or its campus and maintenance of residential places;
(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-operative and collaborate with other degree colleges 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 the academic programmes of the University
may be organized;
(p) to organize and conduct refres her course, orientation courses
workshops, seminars and other programmes for teachers, lesion
writers, evaluators and other academic staff;
(q) to determine standards of admission to the University or a constituent
college, regional centers, study centers wit h the approval of Career
Academic Council;
(r) to make special provision for students belonging to the State of
Uttarakhand for admission in any course of the University or in a
Constituent College, Regional Centre, Study Centre, Research Center
and Career Academic Center;
(s) to do all such other acts or things whether incidental to the powers
aforesaid or not, as may be necessary to achieve the objects of the
University;
(t) to prescribe such courses for Medical, Higher Technical Education,
Management Education, Hi gher Education and related subjects for
Bachelor Degree, Post graduate and Research;
(u) to clearly set apart the academic activities of the University from the
activities of the Society;
(v) to provide for the preparation of instructional materials, including
films, cassettes, tapes, video cassettes, CD, VCD and other software;
(w) 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 perio ds of study in the
University and to withdraw such recognition at any time;
(x) to raise, collect, subscribe and borrow with the approval with the
Governing Body whether on the security of the property of the
University, money for the purposes of the University;
(y) to enter into, carry out, vary or cancel contracts.
(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 open 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 Universi ty
shall have such powers, including the power to allocate and disburse grants
to Colleges, Regional Centers, Study Centers and Career Academy Centers,
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 irrespe ctive of class, creed or
gender :
Provided that nothing in this section shall be deemed to prev ent the
University from making special provisions for admission to studen ts of the
State of Uttarakhand :
Provided further that nothing in this section shall be deemed to
require 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 will seek accreditation from respective national
accreditation bodies.
CHAPTER-III
Officers of the University
University’s
Officer
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 Deans of Faculties;
(f) the Registrar;
(g) the Finance Officer; and
(h) Such other officers as may be declared by the Statutes to be officers
of the University.
Visitor 12. (1) The Governor of Uttarakhand will be the Visitor of the University.
(2) The Visitor shall, when present, preside at the convocation of the University
for conferring degrees and diplomas.
(3) The Visitor shall have the following powers; namely :-
(a) to call for any paper or information relating to the affairs of the
University;
(b) on the basis of the information received by the Visitor, if he is
satisfied that any order, proceeding or decision taken by any authority
of the University is not in conformity with the Decision, Act,
Regulations, Statutes or Rules, he may issue such direc tions as he
may deem fit in the interest of the University and the directions so
issued shall be complied with by all concerned.
(4) Every proposal for the conferment of an honorary degree or distinction shall
be subject to the approval of the Visitor.
The Chancellor 13. (1) The Chancellor may be appointed for the period of five years from amongst
all members of the management board of the [Graphic Era Educational
Society, Dehradun] 1 by majority. After that Graphic Era Educational
Society, Dehradun shall appoint Chancellor among his memb ers with prior
approval of the Visitor.
(2) The Chancellor shall have such powers as may be conferred on him by this
Act or the Statutes made thereunder.
Vice Chancellor 14. (1) The Vice Chancellor shall be appointed on such terms and conditions as may
be prescribed by the statutes for a term of three years by the Chancellor
from a panel of three persons recommended by the Committee constituted
in accordance with the provisions of sub-section (2).
(2) The Committee r eferred to in sub -section (1), shall consist of the following
persons; namely :-
(a) one by one person nominated by the Visitor and Chancellor;
(b) the Principal Secretary/Secretary to the State Government in the
Higher Education Department;
(c) three nominees of the Board of Governors, one of whom shall be
nominated as the convener of the comm ittee 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 for ward
the same to the Chancellor 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 the same could not be immediately
dealt with by any officer or the authority or other body of the University
empowered by or under this Act to deal with it, the Vice Chancellor may
take such action as he may deem fit with prior approval of the Chancellor.
(6) The Vice Chancello r shall exercise such other powers and perform such
other duties as may be laid down by the Statutes or the Rules.
1. Substituted by section 3 of Uttarakhand Act No. 3 of 2013.
(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. A Pro-Vice-Chancellor may be appointed by the Vice Chancellor with prior
approval of the Chancellor in such manner and shall exercise such powers
and perform such duties as may be prescribed by Statutes.
Deans of
Faculties
16. Deans of Faculties shall be appointed by the Vice Chancellor with approval
of Chancellor in such manner and shall exercise such powers and perform
such duties as may be prescribed by Statutes.
The Registrar 17. (1) The Registrar shall be appointed by t he Chancellor in such manner and on
such terms and conditions as may be prescribed.
(2) All contracts shall be entered into and signed by the Registrar on behalf of
the University.
(3) The Registrar shall have the power to authenticate records on behalf of the
University and shall exercise such other powers and perform such other
duties as may b e 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.
The Finance
Officer
18. The Finance Officer shall be appointed by the Chancellor in such manner
and shall exercise suc h powers and perform such duties as may be
prescribed.
Other Officers 19. The manner of appointment, terms and conditions of service and powers
and duties of the other officers of the University shall be such as may be
prescribed.
Provisions for
Permanent
Resident of
Uttarakhand
20. (1) For admission in various courses conducted by the University, 25 percent
seats shall be reserve for the permanent r esident of State of Uttarakhan d, if
the reserve seats are vacant, then the said vacant seats may be filled by the
other persons, with the permission of State Government.
(2) For fix tuition fee in various courses conducted by the University 25 percent
rebate shall be given to the permanent resident of State of Uttarakhand.
(3) Who is eligible for the post of Group ‘C’ and ‘D’, all posts of this cadre
shall be field by the Permanent residential of the State.
(4) Preference shall be given to the permanent residential of the State in the
appointment of the Academic Cadre.
(5) University shall comply the State Government reservation policy as
amended enforced time to time.
CHAPTER – IV
Authorities of the University
Authorities of
the University
21. 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
22. (1) The Board of Governors shall consist of :-
(a) the Chancellor - Chairman;
(b) the Vice Chancellor - Member Secretary;
(c) nominated by the visitor - three educationist
(d) Principal Secretary/Secretary to the State
Government in the Higher Education
Department;
(e) nominated by the Graphic Era
Educational Society, Dehradun - five members;
(f) nominated by the Chancellor amongst the
officers from reputated
higher education institutions - one officer;
(g) nominated by the Chancellor from
main industrial organizations - three members.
(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 con formity 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.
(3) The Board of Governors shall, meet atleast three times in a year at such time
and place as the Chancellor thinks fit.
The Board of 23. (1) The Board of Management shall consist of; namely :-
Management (a) the Vice-Chancellor;
(b) one member amongst from the officers of the Emeritus Higher
Educational Institutions nominated by the Chancellor;
(c) five members, nominated by the Graphic Era Educational Society,
Dehradun;
(d) two Professors of the University, by rotation on the basis of seniority
for a period of one year;
(e) two Deans of the faculties as nominated by the Chancellor;
(f) Principal Secretary/Secretary to the State Government in the Higher
Education Department or his nominee not below the rank of Joint
Secretary;
(g) the Vice Chancellor shall be the Chairperson of the Board of
Management and the Registrar shall be the Secretary.
(2) The powers and functions of the Board of management shall be such as may
be prescribed.
Academic
Council
24. (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.
Finance
Committee
25. (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 in the Higher
Education Department or his nominee not below the rank of Deputy
Secretary;
(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 Ac t, Rules, Statutes, co -ordinate and exercise general
supervision over the financial matters of the University.
Other
Authorities
26. The Constitution, Powers and Functions of the other authorities of the
University shall be such as may be prescribed.
Proceedings not
invalidated on
account of
vacancy
27. 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
Statues 28. Subject to the provisions of this Act, the Statutes may provide for any
matter relating to the University and staff, as follows :-
(a) the procedure for transaction of business of the Authorities of the University
and procedure of constitut ion 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, the
Registrar and the Finance Officer and their powers and functions;
(d) the mode of recruitment and the conditions of service of the other officers,
leaders and employees of the University;
(e) the procedure for resolving disputes between the University and its officers,
faculty members, employees and students;
(f) creation, abolition or restructuring of departments and faculties;
(g) the manner of co -operation with other Universities or Institutions of Higher
Education;
(h) the procedure for conferment of honorary degrees;
(i) provisions regarding grant of freeships and scholarships;
(j) number of seats in different courses of studies and the procedure of
admission of students to such courses including reservation of seats for
Uttarakhand students;
(k) the fee chargeable from students for various courses of studies;
(l) institution of fellowships, scholarships, studentships, freeships, medals and
prizes;
(m) procedure for creation and abolition of posts;
(n) other matters which may be prescribed.
Statutes How
Made?
29. (1) The first Statutes made by the Board of Governors shall be submitted to the
State Government for its approval, who may be approved within three
months from the date of receipt of the Statutes with or without modification.
(2) Where the State Government to take any decision with respect to the
approval of the Institutions within t he period specified in the under sub -
section (1) it shall be deemed to have been approved by the State
Government.
Power to amend
the Statues
30. The Board of Governors may, with the prior approval of the State
Government, make New or Additional Statut es or amend or repeal the
Statutes.
Rules 31. 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 co urses of study to be 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 subordinate
college;
(h) maintenance of discipline among the students of the University or a
subordinate college;
(i) all other matters as may be provided in the Statutes and Rules under the
Act.
Rules How
Made?
32. (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 within 2 month
from the date of receipt the rules with or without modifications after
received the approval of the State Government.
(2) Where the State Government to take any decision with respect to the
approval of the Institutions within the period specifi ed in the under sub -
section (1) it shall be deemed to have been approved by the State
Government.
Power to amend
Rules
33. 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
Conditions of
Service of
Employees
34. (1) Every employee s hall be appointed under a written contract, which shall be
kept in the University and a copy of which shall be furnished to the
employee concerned.
(2) Disciplinary action against the students or employees shall be governed by
procedure prescribed in the Statutes.
(3) Any dispute arising out of the contract between the University and an
employee shall, at the request of the employee, be referred to a tribunal of
arbitration consisting of one member appointed by the Board of
Management, one member nominated by the employee concerned and an
umpire appointed by the Chancellor.
(4) The decision of tribunal in such matter shall be final.
(5) The procedure for regulating the work of the tribunal shall be such as may
be prescribed.
Right to appeal 35. Every employee or stu dent of the University or of a Constituent College,
Regional Centre, Study Centre and Career Academy Centers shall,
notwithstanding anything contained in this Act, have a right to appeal
within such time as may be prescribed, to the Board of Management aga inst
the decision of any officer or authority of the University or of the Principal
of any such Constituent College, Regional Centre, Study Centre and Career
Academy Centers as the case may be, and thereupon the Board of
Management may confirm, modify or change the decision appealed against.
Provident Fund
and Pension
36. The University shall constitute for the benefit of its employees such
provident fund or pension fund and provide such insurance scheme as it
may deem fit in such manner and subject to su ch conditions as may be
prescribed.
Disputes to
Constitution of
University
Authorities and
bodies
37. If any question arises as to whether any person has been duly elected or
appointed as, or is entitled to be a member of any authority or other body of
the University, the matter shall be referred to the Chancellor, whose
decision thereon shall be final.
Constitution of
Committee
38. Whether any authority of the University is given power by this Act or the
Statutes to appoint committees, such committees , shall, save as otherwise
provided consist of any or all the members of the authority concerned and
of such other persons, if any as the authority in each case thinks fit.
Filling of
Casual
Vacancies
39. Any casual vacancy among the members, other tha n 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 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 proceedings shall lie against any officer or other
employee of the University for anything, whic h 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 of this Act and
the Statutes :-
(a) the first V ice-Chancellor and 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 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 Visitor 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 Uttrakhand whose tenure shall be f ive years and after
that shall be renewed for five years again.}1
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1- Subs. by section 3 of UK Act no 36 of 2016.
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 Graphic Era Educational Society,
Dehradun;
(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 Graphic Era Educational Society,
Dehradun;
(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 s ections 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 dir ection 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 a nnual report duly approved by the Board of Governors shall
be sent to Visitor and the State Government before 31 December following
close of the financial year in 31 March each year.
Account and
Audit
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 entered in the accounts maintained by the University.
(2) The annual accounts of the University shall be audited by an auditor, who is
a member of the Institute of Chartered Accountants of India (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 th e 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.
(5) The direction of the State Government on the subject arising out of the
accounts and audit repo rt 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 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 matters and transaction therein recorded where the original
thereof would, if produced, have been admissible in evidence.
Dissolution of
University
49. (1) If the Graphic Era Educational Soci ety, Dehradun proposes dissolution of
the Graphic Era Hill University 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 mismanage ment, mal administration, in -discipline,
failure in the accomplishment of the objects of University and economic
hardships in the management systems of University, the State Government
would issue directions to the management of the University, if the dire ction
are not followed within such time as may be prescribed, the right to take
decision for winding up of the University would vest in the State
Government.
(3) The manner of winding up of the University would be such as may be
prescribed by the State Government in this behalf :
Provided that no such action will be initiated without affording a
reasonable opportunity to show cause to the Graphic Era Educational
Society, Dehradun.
(4) On receipt of the notice referred to in sub -section (1), the State Government
shall, in consultation with the council for Technical Education and
University Grant Commission make such arrangements for administration
of the University from the proposed date of dissolution of the Graphic Era
Educational Society, Dehradun and until the last batch of students in
regular courses of studies of the University complete their courses of studies
in such manner as may be prescribed by the Statutes.
Expenditure of 50. (1) The expenditure for administration of the University during the taking over
The University
during
dissolution
period of its management under section 49 shall be met out of the
permanent endowment fund, the general fund or the development fund.
(2) If the funds referred to sub -section (1), ar e not sufficient to meet the
expenditure of the University during the taking over period of its
management, such expenditure may be met by disposing of the properties or
assets of the University, by the State Government.
Removal of
difficulties
51. (1) If any difficulty arises in giving effect to the provisions of this Act, the State
Government may, by a notification or order, make such provisions, not
inconsistent with the provisions of this Act, as appear to it to be necessary
or expedient, for removing the difficulty :
Provided that no notification orders under sub -section (1), shall be
made after the expiration of a period of three years from the commencement
of this Act.
(2) Every order made under sub -section (1), shall as soon as may be after it is
made, be laid before the State Legislature.