The Soban singh jeena University Act,2019
This Act establishes Soban Singh Jeena University and sets out how it is governed, who its officers are, and how affiliation, appointments, examinations, and decision-making work.
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This Act establishes Soban Singh Jeena University and sets out how it is governed, who its officers are, and how affiliation, appointments, examinations, and decision-making work. This part sets out how the university’s councils, committees, inspections, statutes, audits, appeals, and transitional arrangements work.
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The Soban singh jeena University Act,2019 — segment 1
This Act establishes Soban Singh Jeena University and sets out how it is governed, who its officers are, and how affiliation, appointments, examinations, and decision-making work.
ig=]qTgng eyqryTquT TTRE. 22 ", 2o2o €o (quThi3 oi, ig42 ¥TiF HFq) 33 S0BAN SINGH JEENA UNIVEF]SITY ACT, 2019 (Uttarakhand Act No.19 Of 2020) rmEX Sections Details I. Short title, commenconent and extent 2. Ilefmitious Chapter - 2 The Uulversity 3. university establishment and incorporation 4. Exercise of powers in the territorial area The Power of the State Government to issue notification 5. 6. The Universfty shall serve all classes and religions 7. The powers and duties of the University. Chapter - 3 U-diversity Officers 8. Cfficers of universfty Chacellor 9. 10. Vice-Chancellor Service conditions Of vice-Chancellor 11. 12. Powers and duties of the Vicemancellor Fi- Officer 13. 14. kectstrar Centralisation of the services of the Registrar, `Deputy 15. Registrar, and Assident Registrar 16. Examination Controller Appointment terms and condition of the service power and 17. responsibilitiesoftheofficer 18. Officer Of the University member of the Executive Council 19. Other officers at the Universrty 20. The Dean 34 t]Ti<i<si`i6 erHrmquT Trtl€. 22 qiT. 2020 €0 (3irm€ 01, 1942 ¥ii5 tlTqti) Chapter ~ 4 Authorities of the University AuthoritiesofUniversity 21. 22. Assembly (Court) 23. The powers and duties of the Assembly (Court) 24. Assembly (Cout) session 25. Constfution Of tile Executive Council 26. Powers and Duties Of the Executive Council 27. Frequency of meetings, nedfication period and quorum 28. Acedemic Council 29. The Finance Comlnittee 30. The Examinndon Committee 31. Other Authorities Chapter - 5 Inspection and inquiry 32. Inspection/ i nquiry Chapter - 6 Affiliations Afflictions 33. 34. Disqualification for membership of manage,ment Chapter - 7 S tatutes, Ordinances and Regulations 35. Statutes ordinances 36. 37. Regulations Chapter - 8 Armual Report and Accounts haual Report 38. 39. Accounting and ndit 40. Surcharge Chapter - 9 Miscellaneous Transitional powers of the first Vice Chancellor 41. <mci`:9i..6 3]HTviw TriFT€. 22 iq;i, 2020 €0 (enqTg Oi. 1942 ¥liF tffl`) 35 42. The marmer of appointing officers and members by the authority 43. Fj]ljng up unforeseen vacancies 44. Proceeding not to be invalidated by vacancy etc, 45. Disqunl ification from university membership 46. Reference to the Chancellor 47. Bar of suit 48. Method of attesting University records 49. The Right to Appeal 50. Conduct of colleges and programs 51. Power to remove difficulties 52. Repeal of the Uttarakhand Residendal University Act, 2016 36 ¢q<[qus eyqrm{ur 7TiH. 22 iF. 2020 €0 (errmg 01, 1942 ¥Tit; qu) SOBAV SINGH JEENA UNIVERSITY ACT, 2019 (Uttarakhand Act No.19 Of 2020) An Act to establish a residential-cum-affiliation university known as Soban Singh Jeena University in the district Almora of Uttaralchand for the advancement and development Of higher edueation, vocational education, skill development based education and other matters related to it and other contingencies, to substitute the Uttarakhand Residential University Act, 2016 (Act No. 20 of 2016) and to merge the Uttarakhand Residential University into Proposed Uhiversity. Be it enacted by the Uttaralchand State Legislative Assembly in the seventyrone year oftheRepublicoflndia:- Chaptel.-1 Preliminary short title, I. (1)ThisActmaybecalledtheSobanSinghJeenaUniversityAct,2019. commencement and erfut (2) It shall come into force at once. (3) It extends to such part of the state which State Govemlnent `may fix, by notification in the Gazette. Derinitions 2. In this Act, unless the context otherwise requires- (a) "Acrdonic Councfl'. mean the Academic Councn of the uriversrty; a) "Affiliated Conege" means such college or institution affiliated to theUnivergityinaccordancewiththisActandtheregulationsthere under; (c) "Approved in5titrtion" means an instinrdon of higher education approved by the University/State Goverrment; (d) ''Autonomous College" means an affiliated or associated college declared as such by the provision of University Grants Commission; (e) ''Chancellor" mean Chancellor Of the University; ® "College" means any institution or college affiliated to the University in accordance with this Act and the regulations made there under; `a"i+u.i6 €!i`Eii€IIt`v qiFTE, 22 w. 2020 €0 (gTqTg Oi, 1942 ¥7iF ap) 37 ts) "C®nstifuent College" means an institution rfutained by the University or by the State Goverment and declared as such by the Regulalous; th) Court" means the Coiut of the University; (i) "Director" means Heed of an institution estchliched by the University for organizing and operating teaching and research of any rdject; a) "Existing conege" pears a college or institution which is imparthg highcwhoaatioml education and is being opegived and maintained by a University establiched in the state; a£) "Exeeotive Couh€fl" means the Executive Council of the Uhiversfty; 0) ]'Finance Committee" mcuns the Finance Committee of the Universfty; (in) "Government" means the State Government ofuttarakhand; (n) "Maintenance grant" means a grant of aid received by the any Uhivesity from State Government from time to time by general or peial order; (o) "Mamg¢ment" means such management committee or other body in relalon to any affiliated or constituent college or self-funded irstituton, which is in charge of the management of the edvities of that college or institLrion and which is in the fom recognized by the University; ®) "Officers of Univerrty" means officers mentioned in sechon 8 of this Act; (q) "Other Backward C)aecea of Citlzem" means the Backward Classes of the citizens specified in Schedule I Of the Uttarckhand (Uttar Predech Public Serdce Reservation for Scheduled Castes, Tribes and Other Backward Classes) Act, 1994 (Adaptedon and Modification) Order, 2001 ; (r} "Principal" means the head of the college by whtever name called and includes whne there is no principal a person for the tiine being duly appointed, to act ag principal and in the al]sence of the Principal cir working or the aedng principal the Vice-principal duly appointed as swh; (s)"Prescribed"meansPrescribedt]ystatutes; (t)"Property"meansallmovableorilrmovableprapertybelonfroto deUriversrty(ineludingResidentialUriversfty)anditscanpuses, whichisinwholeorinpartforthebenefitofthecollege,including land, buildings (including hostels), wckshop, librny, labomtory, equipment, tools, furniture stationery, stores, antormtic vehicles or clthervchicles,ifanyandauitemsrelatedtotheUriversitysuchas 38 `3Tltl`:9i.J6 erwTaTquT TiiH€, 22 qT, 2020 €0 (grmig 01, i942 ¥TiF ng) cash in hand, bank deposits, investment and denominated loans and the richts and interests derived from such property which is owned, occupied, empowered or controlled by the University and the account register and all other records which are of any nature and all the existing liabilities, liabilities and statutory grace of the University shall be deemed to be included in it, inespective of their category; •(u) "Registered graduate" means any grarfua:te Of registered University subject to the provision of this Act and any Act repealed or superseded by it; (v) Registrar" means Registrar of the University; {w)"Regulations" means the Regulations of the Uulversity made under this Act; (x) "Self-financed institution" means a college or institutions which are granted affiliation in this fom by the University in accordance with the ordinance and regulafrons made under this Act; ty) "State" means the State of uttaralchand; (z) "Statutes'', "Ordinances" and "Regulations" means the Statutes, Ordinances and Regrilatious of the University resbeedvely; (aa)`Tca€her" means a person appointed in any affiHated or coustifuent providing education, or / and conduedng and g`nding in research and extension work and it also includes Principal; a)b)"University Grants Commission" means the University Grants Commission established under the University Grants Commission Act, 1956; (cc) `.University" means the University esta,blished under section 3 of this Act. Chapter - 2 The University University 3. (1) A University known by the name of Soban Since Jeena University establishm€Iit and shall be established. incorporation (2) The University, with name as specified under sub-section (1), shall be an incoporated body, with perpetual succession and a colrmion seal, and chall sue and be sued by the said name. (3) Pandit Badri Dutt Pandey P.G. College, Bageshwar, Lakshman Sinch Mahar P.G. College, Pithoragarh, and Soban Singh Jeena Campus, Ahaora inclusively, shall be its three campuses, which shall be transferred into the aforesaid University and also the ¢Ti<iltsi.+.<s <Si<iiiEH<`;I. 7Tue, 22 H, 2020 €0 (envii5 01, 1942 ¥T5 tlTatt) 39 campus of exiling Residelrdal University, Almora shall be merged in it. The University shall be headquartered in Soban Singh Jeena Campus, Almora, The University may estat]Hsh other campuses in the future, as it thinks necessary. (4) The University shall extend affiliation to all the post-graduate and degree colleges, in Almora, Pithoragath, Bageshwar and Chanpawat distiiets, and it may affiliate established coueges in these districts Jurisdiction. (5) The University shall organise programs and introduce curiculum oriented towards research and development, in related traditional, skill development and occapafional fields. (6) The University Shall be a residential cum-affiliation University and its residential campus shall provide special progranmes and other facilities. Exercise of powers 4. (1) Under this Act the University shall be empowered for the use of its in the territorial powers in those part of the ,Kumaun division as the State area Government may fix, via notification in the Gazzette. (2) Every college or institution other than existing college, impartin-g hither/vocational education in the state on the date of commencement of this act shall with effect from sueh date as may be notified in this behalf affiliated by the university established under section 3 and shall not remain be affiliated to or associated with the university established by or under previously by Uttar Pradesh state university Act, 1973 (As applicable in Uttarakhand) in Present by Kumaun University, Nalnital herein after refeITed to in this section as fomer University: Provided that from the date that this Act comes into effect, a student pusuing education at an established college or institution other than the existing college, presently or hereafter under the former University, shall be fully entitled and allowed to continue and complete such education, and the former universfty shall conduct examinations as per the continuing process for the time being, and shall provide the degree or any other apeeialization. The power of the 5. State government, by notification in a Gazzette:- Stlte Gtwemment (I) May expand or reduce the zone of operation or academic to issue notification jurisdiction of the University. (2) In any notification under this section may make provision for a amending the Statutes, Ordinances and Regulations of University affected by such notification or schedule, which are necessary to implement the provision of this Act and thereafter schedule and relevant Statues, Ordinance and Regulation shall be amended accordingly. 40 ®TI{lqv€ 3FT"TVT 7Tue, 22 H, 2020 €0 (grqT? Oi, 1942 !ii5 tlFT@ (3) Without Hq.udice to the geneml applicabirty of provisions in sub- seedon (2) , under this section, through a notificafron, "y make provisions for the fouowing subjects. Iralnely - (a) Provision regarding xpresentation of people of different rights or category in authority of Uriversfty affected by said cotificedon; ®) Provision for use. of option by registered graduates Of the Uhiversfty existing for that time to remain registered gredunte of tut Urivesity or registering in any new estaunshed Uiniversity provided that no person shall be graduate at more than one universfty; (C) Such sinhar sxpplemental, additional and cousequendal provisions, as the State Goverrmeut may deem necessary from tine-tothe. The uriversfty 6. The Uriverrity shall be open for all persons, inespcetive of class, caste, sham aeue ed gender, ancestry, or religion, but nothing in this section shall prevent the da88e8 and refty university or the government from using its powers, to prevent the discrinintion towards person, pesors. castes, or classes Of excqrfuonal background,whichhavebeensanctionedbytheletlslativeassembly: Provided that nothing in this section Shall deemed to prevent University from making special provision for admission to students bchonging to sehedrded eastes, scheduled thbes, other backward classes econemicany weaker section Students and other persons as detennined by the Govorment. The powers and 7. TheUniversityshallhavethefollowhgpowersandduleg,namely:- duties of tl)¢ Univendty (a) To setup edueatioml disciplines in such subjects, which the Uhiversity deems necessary and provides facility for consultation service including research, knowledge domain expertise, and promotion intended towards the same: Provided that the research and enension work disciplines shall be enco`mged in such manner, due to educating being primary in arcs of higher edueationthowledge act of teaching are not superseded; a) The reformulation of operations in teaching, research and extension wol.k. and consultation with other universities and institutes, and association and entrapreneulal expansion through such channels, as the university considers appropriate, though which knowledge gain and scientific reseaneh could be speed up and which could facilitate setup of now jnterdiscip)inary centersroepartment which shall serve rising new social needs; (a) To expand educational possibilities association with national, international, and other organizations and to mmin connected; `5irf<i`=9i`i6 <ii`tii`Eii`¢`.I TiiFTE, 22 H. 2020 €0 (arm? 01.. ig42 ¥Ti5 ap) 41 (d) The University, throuch moral character and capability building programs, shall work towards the direction of enabling the students to enter the job market and build a competitive apirit, to encourage enutpreneLuship, and to play positive roles in the society as conscious and active citizens; (e) hstinrdng colleges, degrees, diplomas, and other edueational specializatious; (I) Recognizing any colleges or differently-named self-financed institutes or granting them apecial acereditation, or an increase in the exclusive rights Of an established, affiliated, or accredited couege, or revoking any exclusive rights or reducing it and to guide any affiliated and associated colleges and self-financed institutes and control their operations; (g) For such persons (without discriminating among gender, class/ religion or handicap) conducting examinations and make available degree, diplomas, or any such academic specializations for those, who, as per the conditions stipulated in statutes and ordimnces, have attended a cause at the University campus, or an affiliated or associated or self-financed institution or through having done research work under an ongahization or a distance leaning program instituted by the University, has achieved excellence in a domain; th) To confer degrees and other acedemia-related recognitious abiding to the rules and conditions specified in the Statutes; (i) To collaborate or cooperate with other universities, institutions and airfuorities for events, in such manner and for such purpose as the University deems appropriate; ¢) To institute academic and other posts, after the approval by the state goverrmient, as the Uhiversity deems appropriate, and to appoint persons to these allotted posts after approval by the state goverrment; 0[) To determine condition regarding affliation and recognization of colleges and self financed institution and to satisfy itself be regular inspection or otherwise that such condition are fulfilled; 0) To institute and award fellowship scholarship, Academics and rewards in accordance with Statutes and Ordinances; (in) To act for and receive fees and other charges, as fixed by the University/State Government from tine-to-time; (I) To do all such act required by the State Government, whether incidental to the aforesaid powers or not to further the object of university. Chapter - 3 Universfty Officers Officers of 8. The following shall be the officers of the University namely:- Univelllity (a) Chancellor; 42 `±t"i`:si.ie <]nilitli`c`u True, 22 qiT, 2o2o €o (quqTiF oi. ig42 ¥TiF tlTai|) a) Vice-Chancellor; (c) Firmce officer: (d) Registrar; (e) Examination controller; ® Other such officers of the university, who are declared as officers of the University through a Statutes. CI.anceuor 9. (I) The Governor ofuttarakhand shall be the chancellor of university and head of the University and the Chaiman of the council, and shall preside all the convocedon of Uulversity and sessions when present' (2) Every Proposal of confement of an honorary degree shall be subj ect to the colifirmation of cthancellor` (3) It `shall be the chrty of the Vice Chancellor to furnish such information or records relating to the administration of the affairs of the University as the Chancellor may call for. (4) The Chancellor shall have such other powers as may be conferred on him by or under this Act or the Statutes. Vice-Chancellor 10. (1) The Vice-Chancellor shall be appointed by the Chancellor with the concurrence of the State Government from among the distinguished persons in the field of study of the University or from equivalent position in Administration, Industry or Research Institute whose names arc submitted to him by search committee constituted by the State Government in accordance with the provisions of sub-section (2). Provided that fist Vice-Chancellor of University Shall be appointed by State Goverrment and Shall hold the Post for duration ofthreeyears. (2) The committee referred in sub-section (1) shall consist of the following persons : (a) One person nominated by the Chancellor. a) One person nominated by the University Grants Commission ur.G.C.). (c) The Secretary/Principal Secretary of the State Goverlment higher education department, who shall be the convener of the committee. (3) Based on the qualification and eligibility prescribe in the regulations of the University Grant Commission, the committee shall prepare a panel of thee persons who shall be suitable for the post Of the Vice-Chancellor. The committee while presenting the nominatious to the Chancellor, shall forward a brief descriptive note of every nc.minee's academic background/ qualifications and any specializatious, but shall not show any preferences. `itl<raii6 a]flrmtuT True. 22 qiT. 2020 €0 (gr"ig Oi, 1942 ¥[qF HRE`) 43 (4) The Vice-Chancellor shall have geiferal supervision and control on activities of the University and chall make decision of authorities of university effective. (5) Wherever the matter is of urgent nature, apart from appointing faculty, which requires immediate action, and the related action is not fulfilled tbl.ouch this Act or through an empowered official of the Uliiversity or via any other body, with Prior approval of Cthancellor, the Vice-Chancellor may take action as it considered a|xpropriate. (6) The emoluments and other condition of services of the Vice Chancellor, shall be as detemined by the State Government from time-to-time: Provided that emoluments and other conditions of service of Vice-Chancellor shall not be varied to his disadvantage during the ten of his office. (7) If the post of the Vice-Chancrellor becomes temporarily vacant due to absence, illness, leave or otherwise then in his absence, the senior most professor who shall be appointed by the Chancellor, shall perform the dudes of the Vice-Chancellor till the Vice-Chancellor resumes his duties. Provided that where the vacancy in the office of the Vice- Chancellor occurs due to resignation, death or expiry of the term and where the vacancy cannot be filled immediately under the sub- section (1) and (3), the Chancellor, with the recommendrfuop. of the State Goverment may appoint the Vice-Chancellor from amongst the senior professors of the University for six months ; Provided further that this kind of provisional appointment can be extended culy once for next six months. (8) If, in the opinion of the Chancellor, the Vice Chancellor willfully omits or refuses to cony out the provision of this Act, Ordinances or abuses the power vested in him, or if it otherwise appears to the Chancellor that the continuance of the Vice Chancellor in office is detrimental to the interest of University, the Chancellor may, after making such enquiry as he deems proper, by order remove the Vice Chancellor. (9) The Vice-Chancellor shall not be entitled to any peusion insurance schenre or provident funds. (10)On the misappropriation or mirmanngement of funds or misbehavior or misconduct, which is undighified for this high post, following a timely investigation, to be completed within two months statzig the reason, the Chancellor on recommendation of State Government, shall have the powers to remove the Vice- Chancellor. 44 i3i]tTHng 3TiTTETTm True, 22 i5F, 2020 ±0 (eym? 01, 1942 ¥iqFFIE (11)Duringthependencyorincontemplationsofanyinquirereferredto insubsection(8)theChancellormayorderthattillfurthierorders- (a) Such Vice Chancellor shall refrain from perforrfug the funotiousoftheoffceOfVIce-Chancellort>utshallcontinueto get the emoluments to which he was otherwise entitled. a) The fimctions of the office of the Vlce Chancellor shall be performedbythepersonapecifiedintheorder. Service condidous 11. Any pason on being appointed the Vice-Chancellor, according to ®fvice-Chancellor goverment order chal] take the chnge of post within the ten not exceedingonemonthfromthedateofreceivingappointmentorder. Powersanddndes 12. (I) The Vice-Chancellor shall be the Princi|>al Executive Authority and of the Vic® Academic Officer and sball - Chancellor (a) oupervise and Control the activities of the University- which includes the campus maintained by unjversrty, its constituents, colleges, imtitutious, and its affiated colleges, adrfustered colleges, and self-financed institutions; a) implement the decisions taken by the authorities of the University; (c) h absenee of the Chancellor shall preside the meedng of assembly(court)andanyconvocationoftheUniversity; (d} be responsible for the maintermce of the disciphie in the University; (e) be responsible for olgrnizing and conducthg University exaninatiouinapproprfuemannerandatanappropriatetime, andensuringthattherunltofsaldexamirfuonaepublichedat the earliest and that the academic semester co-ences and closes by the fixed dates. (2) Shethe shall be ex-officio chairperson of the Excoutive Council, Academie Council, and the Firmce Committee. (3)Shallhaveriglittoapeckinandotherwisetotakepartinmectingof any authority or body of the University but Shall not by virtue of this subsection be entitled to vote. (4) It shall be the duty of the Vice Chancellor to enrm the firiun perfolmanceoftheprovisionofthisActandstatutesandOrdinance shallwithoutpxpjudicetothepowersoftheChancellor,possessall such powers as may be confiacd by the State Govemmeat in that behalf Confened by State Government confened by the State Government. (5)TheVice-ChacellorshallhavethepowertomeedngoftheCourt, ExceutiveCouncil,AcedemjcCouncil,andtheFinanceCommittee, (0 Where any matter is of urgent nature in which immediate acfron is tiTN.i¢i`J¢ :±Itii`all<`ii Trq€, 22 q;i, 2o2o ±o (alrmi5 0i,1942 ¥IiF tlTqiT`) 45 required, other than appointment of the teacher in the University and no immediac action on the same could be taken by the officer or authority or any other body of University, affiliated college/ institution empowered by or under this Act, than Vice Chancellor may take such action, as he may deem fit and forthwith a detailed rapcirt of the action to the State Goverrment and to any officials, authority or other body, which generally wods regarding the rmer: Provided that no such action shall be taken by the Vice Chancenor without the prior approval ctf State Goverrment if it involves a deviation from the provisions of Statutes or Ordinances: Provided further that, if any off]cer, authority, or other body has the opinion that such action should not have been taken, then he may refer to the State Govemmen:t, who may either confirm the action taken by the Vice Chancellor or annul the same or modify it in such a manner as be thinks fit and there upon, that action shall cease to have effect or, as the case may be, take effect in modified form, so however that such annulment or modification shall be without prejudice to the validity of anything previously done by or under the order of the Vice Chancellor; Provided also, that if any persons employed in the service of the University, is aggrieved by the action taken by the Vice chancellor under the sub-section, has the right to appeal to the State Goverrment against such achon, within three months from.the date from which he has been communieated about the decisions such aedon, and thereafter the State Government may confirm or modify or reverse the action taken by the Vice-Chancellor, and any decision taken in this regard, shall be intimated to the related parties within six months generally from the date of receipt/ approval of the reference. (7) Nothing in sub-section (6) shall be deemed to empower the Vice chancellor to incur any expenditure not duly authorised and provided for in the budget, however in exceptional cases, he can approve funds greater than prescribed rates for fulfilment of exceptional requirements. All such matters must thereafter be broucht into cognizance of the State Government. (8) Where any funedonary has been appointed by the Vice-Chancellor using power under sub-section (6) than such an appoinfuent shall cease on appointment in preschbed mamer or on expiration of six` months from the date of order of the Vice Chancellor, which maybe earlier. Filianceoffcer 13. (1) There shall be a Finance officer of the university, who shall be appoiuted by the State Government t}y notification and his remuneration and allowances shall be paid by the University. (2) The Finance Officer shall be responsible for presenting the budget and statement of accounts to the Executive Council also for drawing and disbursing funds on behalf of the University. 46 s"itsi`I€ erHrmquT True. 22 qT, 2020 ±0 (qmii; 01, 1942 ¥Tapq'qil) (3) The Finance Officer shall have the right to apeak in and otherwise to take part in proceeding of Executing Council, but shall not be entitled to cast vote. (4) The Finance Officer Shall have the following duties :- (a) To ensure that no expenditure, not authorized in budget is incuned by the university otherwise than by way of investment. (b) To disallow any such proposed expenditure which may contravene the provision of this Act or the terms of any Regulalous, (c) To ensure that no financial irregularities is committed, and to take steps to set rigbt any irregularities pointed out during audit. (d) To ensure that the property arid investments are duty preserved and managed. (5) The Finance Officer shall have access to and may require the production of such records and document Of the University and furnishing of such records and document of the University and furnishing of such information pertaining to its affairs as in his opinion may be necessary for the discharge of his duties . (6) The Finance Officer shall signed all the -tenders on behalf of the Executive Council. (7) Other powers and functions of the Finance Officer shall be such as may be prescribed from time to time. Registrar 14. (I) The Registrar shall be a full-time officer of the university. (2) The ReSstrar shall have the power to authenticate records on behalf of the University, (3) The Registrar shall be responsible for due oustody of the records and common seal of the University. Shethe sbal] be the Bx-officio secretary Of the Executive Council and shall be bound to furnish any information to the Executive Council as may be necessary for the transaction of business, He shall also perform such other duties as may be prescribed or required from time to time by the Executive Council or the Vice Chancellor, but he shall not by virtue of this sub-section shall be entitled to cast vote. (4) The Registrar shall be the appointing officer for all class 3 and class IV employees, and also be responsible for their traiisfers and deployment. (5) Save in other cases where the Executive Council otherwise directs, the Registrar inall be responsible for matters of confidential work regarding the examinations and to maintain the confidentiality. (6) The Registrar shall be respousible for academic affiliation and all inatters related to the institutional work plan of the University. utl<iqu€ G]HrmquT Trac. 22 q\|, 2020 ±0 (quqii5 Oi, 1942 ¥TiF HTaq) 47 (7) The Registrar shall be responsible to conduet inspections and General and overall su|tervisioni all colleges and inritutes affiliated to the Uriversity, as prescribed. (8) The Registrar shall have the powers of office head described in the Financial handbook/manual, and however the State Government may increase the sanction limit on recommendation of Vice Chancellor. (9) The Registrar shall not be offered nor shall be aceapt any remunerations for work of University except as provided in Regulations. CentraHj9ation of 15. The state Government shall appoint a Registrar, Deputy Registrar, and the services of the an Assistant Registrar thiqugh "Centralised Service Ruletlook", in such Registrar, Deputy rnaner and on such terms and conditions, as may be prescribed. Registrar, and haiBtant Registmr Examination 16. (1) The Examination Controller shall be a full-time officer of the Controller Univ?rsity,whoshallbenotbelowtherankofAssociateProfessor. (2) The Exarfution Controller shall be appointed by the State Government by notification and their remuneration and allowances sballbepaidbytheUniversity. (3)TheExaminationControllershanberesponsiblefortheduecustody of record pertaining to his wch He shall be ex,officio secretary of examirmtion committee of the University and shall be bound to place before such |committce au such information of "y be necessary for transition of its business he shall also perform such other dudes as may be prescribed by the regulation or from time to time by the Executive Council or the Vice Chancellor but he shall not by virtue of this subsection be entitled to vote he may require from any college the production of such ret`m or the furnishing of information as may t)e necessary for the discharge of his duties. (4) Subject to the Superintendence of the Vice Chancellor the Examination Controller sham have administrative control over the employeesworkingunderhimrelatedtoexaminationwork. (5) Subjeet to the superintendence of the examination committee the Examination Controller shall conduct the examinations and make all other arrangements and responsible for due execution of all processes. (6) The Examination Controller shall not be offered nor shall he accept any remuneration for any work in the University except in acordance with the order of the State Government. 48 `mci`!sl`J€ <ii`iii€IItui. JTur, 22 qLT. 2o2o ±o (gTqli= oi. ig42 ¥TS iiFT:Fi[q) (7) In the case Examination Controller is unable to perfom their duties due to any reason, or the office of Examination Controller is lying vacant, all the duties Of the officer shall be perfomed by such person as may be appointed by the Vice Cthancellor until the Examination Controller res`med his duties or, as the case may be the vacancies as is filled, Powers, duties, 17. Except as otherwise provided in this Act the mode of, appointment terms telmg and and conditions of service and the powers and duties of the officer of the conditions orthe university other than the Chancellor, the Vice chancellor, the Finance service of the othel. officers Officer and the Redstrar shall be sueh as may be prescribed or determined by State Goverrment. M€m ber of the 18. Member of executive council mentioned in clause ®, (g), th) of sub- Executive Council section (I) of section 25 shall be officers of the University. shall be officer of the University Other officers at 19. The officers other than the Chancellor, Vice-Chancellor, Finance the Uiiiversity Officer, Registrar, Examimtion Controller and members of the Executive Council, shall have such powers and duties, as apecified in this Act and/or in Statutes and Ordinances. The Dean 20. (I) The D;an shall be a honorary authorrty, who shall be appointed aniongst from Professor of facufty, on the basis of seniority, in rotation and shall hold office for a period of three years: Provided that in case of medical, engineering, Ayurvedic or Lalit Kala colleges (including self-financed institutes), the Principal of such colleges shall be exofficio Dean of medical, engineering, Ayurvedic or Lalit Kala conege, as the case may be: Provided further that wherever there are more than one such colleges, the Dean shall be appointed amongst from the Principal of the said colleges in rotation: Provided also, that if a faLculty has no Principal, then the Vice- Principal shall assume the |]ost of the Dean, and if no Vice Principal is there in, office of Dean shall be assumed by Lectuer of faculty on the basis of seniority by rotation. (2) The Dean shall be the head of the faculty council, whose (including the duration of service of its inenbers) powers and duties shall be such as prescribed, (3) The Dean shall be responsible for the following :- (a) To establish coordination among various departments of the faculty; a)To ensure the abeyance of Statutes, Ordimnces and Regulations relate to faculty in a coordinated manner; (c) The Dean shall have other powers and duties, as prescribed. i3iT© <ii`tii€Ii`{tH 7Tue, 22 H. 2020 €0 (gum? 01. 1942 ¥TqF HFaq) 49 Chapter -,4 Authorities of the University ADthorities of 21. The Following shall be the Authorities of the university, namely :- Univardty (a) theAssembly (Court); a)) the Executive council; (c) the Academic council; (d) the Finance committee; (e) the Examination committee; (a Such other authorities as may be declared by the Statues to be arfuorities of the University. (g) Study council, Research and,Development council and such other authorrty as may be declared by Statutes of the authorities of Uulversity. AEBembly (Court) 22. (1) The (Asgenb]y) Cout shall t|e advisory body of university, which has the power to review end suggest strategies and programs necessary for iminvemeut and development of the University, to consider annual xport and to enforce resolution, and advise on matters referred to by Vice Chancellor and other authorities. (2) It shall be formed comprising of the following members, namely :- Category I - Eirofficio members (a) Chancellor, who shall preside the meeting of assembly or authorize the Vice-Chancellor for the sane; a) Vice-Chancellor, who after being authorised by the Chancellor, shall assume the chairmanship; (c) Other members of the Executive council, who otherwise not a member of the assembly; (d) Registrar; (e) Finance officer; ® the Librarian ofunjversity; te) Principal of the affiliated colleges; a) Persons of outstanding I.eputation, representing commercial industries and agricultural interests, not more than ten Person® as nominated by the Chancellor: Provided that proper representalon shall be given to various interests, Professions, qualification at the time of rqusentation. Category 2 - Representatives of teachers eta. (a) From among the head of departments Of constituent colleges/autonomous colleges and institutes, in rotation; 50 `3TI<I<s].iG armt]FTT TTue, 22 qT, 2020 ±0 (3"Ti= 01, 1942 ¥TiF ap) •: ' \ ' The heads of Medical and Engineering faculties, if they are not a member of the Executive Council; (c) Two representatives of hostel wardens of the University campus and affiliated colleges and institutes, selected in rotation by deterined procedure; (d) The Principals of all affiliated colleges run by the State Government; (e) Fifteen teachers, selected by determined procedure; ® Two representatives of management of affiliated and associated colleges and self-financed institutions, Selected by rotation according {o detemined procedure. Category 3 - Registered Gmduates Fifteen such representa;tives selected from graduate colleges, who are qualified as per the criterion by the colleges, and who are not in service of University or any institution, or affiliated colleges and who are not related to management of any Associated affiliated college or self fmaneed institution or their hostel. Category 4 - Representatives of students One student from every department, who has scored maximum marks in their department drring an earlier degree examination, and is presently a student of post graduate class or law education, medical br engineering in University (including Affiliated associated college and serf financed institution) and Category 5 - Representatives or the State Legislative Assembly Two members of Legisledve Assembly elected by Legislative Assembly. Category 6 - Representation of the State industries Four representatives from among the industries nominated by the State Goverrment Category 7 - Repl.esentatives Of the other functionaries (One) Examination controller; q`wo) Tbe Category (1) and Category (3) mentioned in subsection (2) shall have a tenure Of one year and representatives from other categories shall have an tenure term of three years. Thepowersand 23. The Assembly (court) shall be a advisory body and subject to the duties of the provision 6f this Act shall have following powers and functions, Assembly (Conrt) namely:- `5Ti`ti`:slue erenqTquT TrFTE. 22 qT. 2020 €0 (qutm= 01, 1942 ¥iiF trap) 51 (a) to review from time to time the broad policies and progranimes of the University, and to suggest measures for improvement and development of the University; ® to consider and pass resolutions on the amual report and on audit reportoftheUriversity; (c) to advise the State Government on such matters, which may be refened to it for advise; (d) to exercise such other powers and perfom such other functions assigned to it by this Act or Statutes or State Goverrment; Assembly (Court) 24. (I) The Assembly (Court) shall meet once in every year, at a session convenient date appointed by the Chancellor and such a session shall be called the Armunl Assembly (Court) sessib-n. (2) As the Vice+Chancellor deems appropriate, or through a written and signed decl.ee by at least one fourth of the members of the Assembly, the Assembly may hold a special meeting. Constitution of the 25. (I) The Executive Council shall have following members, namely:- Executive Council (a) The Vice-Chancellor, who shall be its Chirperson; a)The Principal Secretary or Secretary of Department of Higher Educatioli, or members nominated by hin, not below the rank of Additional S ecretary; (c) The Dean, as per the prescribed legal methods, in rotation; (d)A Principal other then Dean mentioned in clause (c), a Vice- Principal, and a Lecturer from aniong the University affiliated /autonomous /institutes, selected through prescribed manner; (e)Three |]rincipals (one from an autonomcius institute) and two teachers from affiliated colleges, selected in Prescribed manner; (I)Four eminent persons of education field nominated by Chancenor. Provided that among the said persons, one shall be serving or retire Judge of Supreme Courunich Court. (g)One person from the incorporated region, nominated by the State Government, who has made important contributions to the field Of higher education in the state ai)Four persons elected by the Court (University Assembly) (2) (i) The persons mentioned in clause (c), (d), (e) of sub-section (I) shall have a tenure of one year. (ii) The persons mentioned in clause (D, (g) of sub-section (I) shall have a tenure of two years. (iii)The persons mendoned in clause a) of sub-section (I) shall have a tenure of three years. 52 timiqiiG 3i.<eli€ii`cui TTue, 22 qF. 2o2o So (qupTiF oi,1942 ¥lS HTaq) (3) Under clause ®, (g), th) of sub-section (I) no persons shall be a member of the Executive Council for more than two consecutive terms. (4) Any persons shall be disqualified for being nominated as, a member of the Executve Council if he or his relative receive salary or remuneratinn for any work in, or for the University and any of its affiliated college or institution or self finalice institution or any contract for the supply of goods to or for the execution of any work for the University and any Of its affiliated college or institution, self financed instintion or aid. Exphmtion- In this sub section `+elative" means the relation defined in section 6 of the companies Act, 1965 and includes the wife's (or husband's) brother, wife's (or husband's) father, wife's (or husband's) sister brothers son and brother's daughter. Powe" and Duties 26. (1) The Executive council shall be the primary executive body of the of the Executive University and sut]ject {o the provisions of this Act, it shall have the Council following powers, namely :- (a) to hold and control property and funds of university; a) to acquire or transfer movable or irmovable property on behalf Of university on approval by State Government; (c) to make, amend or repeal Statutes and Ordinances; (d) to administer any funds placed at the disposal of the University for special projects; . (e) to consider incomes and cxpenditures and approve them with or without anendment; ® to execute the derision of Academic Council with or without anendmeut; te) To defroe the duties and service conditions for the officers/ teachers and employees, and to issue guidelines for filling temporny, casual vacancies, after due sanction by the State Government; ai) to fix emolunents and meeting dirge for the external members of various bodies and specialist of selection committees; (i) to arrange and direct inspection of affihiated coueges, self- financed institutions, associated and constituent colleges and other residential facility for students. 0) to direct and fom the use of common seal of the University; a) to implement and regulate for discipline among the teaching faculty, administrative department and other elnployees, accordin,g to the Statutes and Cndinances mentioned therein; {frdt\) 53 i3airary5 erHmaTquT 7Tac, 22 qT, 2020 €0 (errm? 01, 1942 ms (i)toestabliinprinciplesforthemanagementandregulationofthe University funds, account, investments, property and all other administrative fictions and to appoint such managers (agents) under this puquse as it deems fit; (in) after due approval by the Financial Committee, or Finance Officer or Finance consultant, the University may invest savings Of university into such stocks, funds, shares, or seeurities, or with prior perission from the State Goverrment, engage in purchasing movable property in place where university is situated, as it deems necessary; (n) to provide the building, campus, fimiture and equipment and ofhe[ facilities for the University, which are necessary for its operations; (o) to nrfe, amend, execute and repeal contract on behalf of University; a) to consider and approve extraordinary leaves applied for by the teachers to lien on their posts; (q) to approve proposals to institute standard degrees; (I) to institute scholarships, fellowship, special scholarships, medals or other awards, according to the Statutes and Ordinances; (s) to regulate and detemine other matters of the University and its irstitutious, constituent colleges, affiliated colleges, join coneges, autonomous colleges, and self financed institutions, in accordance with this Act, Statutes, and Cndinances. (2) Without prior approval of the State Government the Executive Council shall not mortgage, sell, exchange, donate or otherwise transfer any of the immovable property (except for giving on monthly rent in reference of General Management) Of the University, except in the form a condition of receiving any grant from the State Government to the University. Without prior approval of the State Goverrment, the Executive Council on its availchle securities, shall not borrow or take on credit any money from any other person or institution. (3) No such expenditue shall be incurred without obtaining the prior approval of the State Goverrment, regarding which approval is required by this Act or the Regulations or Ctrdinances, and no new post in any inedtution or constituent college maintained by the Uhiversity or the University shall be created without the prior approval of the State Government: Provided that, the Executive Council may, on the recommendation of the Vice Chancellor, create other posts of teachers in the University's self finance departments and enterprises and shall be authorized to make appointment to such post contract and term and condition of which is approved by State Goverment: 54 `dtititgus 3i`eii€iitui ITur. 22 H, 2020 !O (quqTE oi. 1942 ms HTqiT`) Provided further that in formation of decision taken on this subjcat by Executive Council shall be ilnnediately conveyed to the State Government, who shall have the right to revoke such order, if the State Government thinks that it is unable to accept the financial and other conditions of such a decision are imposed on it. (4) The Executive Council may, with the prior approval of the State Goverrmient, create more than the prescribed number of teacher posts in the University with the view that such a teacher, who at present may hold an important academic or administrative res|)onsibilrty in the country or abroad, maintain lien and seniority in the orichal position for a maxinum of 5 years, and shethe may receive increment in herthis pay-scale during the period of appointhent elsewhere, but the provident fund for such period shall be provided to the parent department so that shethe can get the retirement benefits as per the rules, if any: Provided that, Do salary shall be payable by the parent University to such teacher during the period of such appointment. (5) The salary of different categories of employees of a University or any institution or associate, constituent or affiliated college or self- financed institution shall be that much approved by the State Government: Provided that, self-financed institutions, if they wish, may pay more salary allowances than the prescribed salary. (6) The Executive Council shall not incur expendit`me in excess of the linit fixed by the Finance Committee for expenditure beyond the limit of recuring or nan-recurring expenditure, in each financial year. (7) Without considering the consultrion of the Academic Council and the Boards of the concerned faculties, no action shall be taken in respect of the number of working teachers, qualifications and achievements and fees payable to the examiners. The inplcmentation of the decisions shall be done after the approval of the state goverrment. (8) The Executive Council shall consider each resolution of the Assembly (Court) in a proper manner, and take such action as it considers appropriate, and sball inform the Assembly (Court) of the reasons for not accepting the resolution or action take as such. (9) Subject to any conditions laid down in the Statutes, the Executive Council may delegate any of its powers, as it thinks appropriate, to any executive or any other awhority of the University or to a committee appointed by it. `s"i`:si..s 3i`m€IIt`.I 7ffl€, 22 Rq, 2020 €0 (er"T? 01, i942 ¥liF ng) 55 Frequeney of 27. (I) Normally, the meeting of the Executive Council shall be held at meetings, least once every three months, and the Registrar shall convey the notification period details of such meetings, including agenda and necessary and qtLomm attachments at least 15 days before the convening of each meeting, unless otherwise provided :
Part document.segment-2
The Soban singh jeena University Act,2019 — segment 2
- document.segment-2 Verify source ↗
The Soban singh jeena University Act,2019 — segment 2
This part sets out how the university’s councils, committees, inspections, statutes, audits, appeals, and transitional arrangements work.
Provided that if a vcny important matter has arisen for consideration by the Vice Chancellor, due to which it is necessary to call an emergency meeting of the Executive Council, then he can call the meeting only on short notice of three days. This system shall be adopted in certain cases and the agenda shall be distributed to the members along with the information and reason of emergency and along with information about the meeting. (2) For quorum, half of the total members shall be necessary and the meetings held in that situation and the decisions taken therein shall be fully valid. Academie counch 28. (I) The Academic council shall be the principal Academic body of the Uulversity subject to the provision of Act and Statutes and Ordirmce - (a) shall be responsible for teaching, education, and research work, including all type of control and regulation regarding counseling, advice and entrepreneurship development studies, ctc; a)may advise the Executive Council on all matters related to education, including subjects related to examinations conducted by the University; Iind (c) it shall have such other powers as are conferred or inposed upctn him by the Statutes. (2) The Academic Council shall have the following members, namely.- (a) Vice-Chancellor, who shall be the chairman and convener; Q])the Dean of all finrities if any; (c)head of all the deparfuents of the University and if thel.e is no department in any subject in the University, then the senior teachers from the affiliated colleges or self-financed institutions representing the subject in the respective faculty; (d)all the Professor of the University who are not head of the department; (e) three Principals of the affiliated colleges, who shall be selected in the prescribed manner in rotation; (f) ten teachers selected in the prescribed manner; (g) the University librarian; 56 `sTnci{g`.a u`iii€H`ciii iiiH€. 22 H. 2020 €0 (grmq 01. 1942 ¥iiF HTqq) a)three persons eminent in the field of education, who sball be selected in the prescribed manner; (i) examination controller, ex officio member. (3) the ten of office of members other than exrofficio members shall be the sane as prescribed. (4) the meeting of the Academic Council shall be held at least once in every academic sessi6n. (5) the other froctions of the Academic Council shall be such as may be prescribed. The Finance 29. (I) The Firmce Conrittee shall have the following members, namely:- Cormittce (a) Chancellor; a)Principal Secretay/ Secretary of the Department of Higher Education of the State Goverrment, or a officer nominated by him who is not below the rank of Additional Secrctny; (c) Principal Seertry/ Scoretary of the Finance Department of the State Government, or a officer nominated by him who is not belowthe rank of Additional secrctary; ` (d)R£Sstrar; (e)A person nominated by the Execirdve Council to represent the Executive Council who has extensive experience in financial matters. The person to be elected shall not be a member of the management corrmittee' of the University or any affiliated college, self-financed institution or associate college, or a person serving in such college; (i) A person flominated by the State Government, who is renowned in the financial and/or academic field; (g)Examimtioncontroller; al)Financeofficerwhoshallalsot]etheSeerctaryofthecomlnittee. (2) The Finance Conmittee shall advise the Executive Councn on matters related to the edministratiofl of the property and funds of the University. It shall fix the total recurring and non-recurring expenditure limit for the subsequent financial year, keeping in view the income and resources of the university and for such prial reasons may revise, such fixed limit shall be levied on the Executive Council during the financial year: Provided the provisions of this subsection shall not apply to the powers received by the Vice-Chancellor under subsection (7) of Section 12, and additional expenses incurred shall be mct by saving in other areas Of the budget. `±ti<n:si`iG ¢ii`eii£Ii`:`,I TiiFTE. 22 qT, 2020 €0 (errmg 01, 1942 ¥iiF ng) 57 (3) The Finance Committee shall have such other powers and duties as may be conferred or imposed on it by this Act or Statutes. (4) Unless the proposal has financial inplicatious, is recommended t]y the Finance Committee, the Executive Council shall not decide on it and if the Executive Council disagrees with the recommendations of the Fimnce Committee, it shall ret`m the proposal to the Finance Committee with reasons for disagreement, and if the exeoutive Council again disagrees with the recommendations of the Finance Committee, the case shall be refeITed for decision to Government, whose decision shall be final` The Elamination 30. (1) The University shall have an Examination Committee which sball Committee be constituted as provided in the Statutes. (2) The conrittee shall supervise generally all the examinations of the University, including the modera:tion and tabulation, and perform the followhg other functions, namely: - (a)to appoint examiners and moderators, and to remove them if neeessay; a)to Periodically review the results of examinations of universities and submit a report to the Academic Council regarding the sane. (c) to make recommendation to the Academic Council for the improvement of examirmtion system; (d) to Scrutinize the list of examiners Proposer by the study councils, and finalizing them; (3) The Examination Committee may appoint it's sub-comlnittees as it deem fit and in Particular delegate power to any one or more persons or sub-committees to act and decide on matters relating to the use of unfair means by the examinees. (4) Notwithstanding anything contained in this Act, the examination committee or the sub-committee as the case may be, or any person to whom the Examination Committee has delegated its rights under sub-section (3), shall have the powers to debar an exariee from further examinations of the Universrty, if in (it's or his) opinion a candidate is guilty of using unfair means in any such examination. Other Authorities 31. The constitution of other authorities of university and their powers and duties shall be such as may be prescribed. 58 `±"itsi`.€ <Iitii€IItui True, 22 qiT, 2020 !0 {gTtgr5 01, 1942 ¥7iF Hqq) CI,apter - 5 hspection and inqutry hspection/ inquiry 32. (1) The state Goverrment shall have the right to cause an inspection to be made by such persob or persons it may directs of any college or self financial institution including it is building library, laboratory, workshop and equipment of examimtion teaching and other work or cause an inquiry to be made in respect of any rmtter cormected with the administration and finance of University or its Affihated and Associate Couege, instit`rdon or self finance institution. (2) Where the State Government decides to cause any inspection or inquiry mder sub-section (1), it shall infom to the management of the college and a representative appointed by the management and where the management fails to appoint a representative, the principal of the college may be present at the time of such inspection or inquiry, and shall have the right to be heard on behalf of the management but no legal practitioner shall appear plead or act on behalf of the college at such inapection or inquiry. (3) The person or persons appointed to inspect or inquire under sub- section (1), have all the powers of civil court, while considering any suit imder the Code of Civil Procedure, 1908 for the purpose of taldng evidence on oath and enforcing the attendance of witnesses and compelling production of document and material objects shall be deemed to be a civil court within the meaning Of sections 345 and 346 of the Criminal Procedure Code,1973 and any proceedings before him or them shall be deemed to be ajudicial proceeding. (4) The State Government may communicate to the mamgemellt of the college, the result of such inspection or inquiry and may issue direction as to the action to be taken and the management shall foth with comply with such direction. (5) The State Government shall inform the Vice-Chancellor about the communication made by it to the management under sub-section (4) and the Vice-Chancellor shall communicate to the Executive Council the views of the State Government with such advice as the State Government may offer upon the action to be taken thereon, (6) The Vice-Chancellor shall within such time as the State Government may fix submit to it a report of the action taken or proposed to be taken by the Executive Council. (7) If the University authority do not, within a reasonable time, take action to the satisfaction of the State Government, the State Goverrment may, after considering an exp]anation, which the University authorities may fumisb, issue such direction, as it may think fit, and the University authorities shall be bound to comply with such dhectious. ¢TI<iqu¢ erHrm¥uT TiiFT. 22 ill, 2020 EO (arqTE 01, 1942 ¥Tai Hffl) 59 Chapter - 6 fflations Aflnirfum 33. (1) The Executive Council may. with the previous sanction of the Chancellor admit any couege which fulfi]s such ccndition of affiliation, ag may be pescribed to the privileges of affiliation or enlarge the privileges of any couege atready affiliated or withdraw ol cndail any such privileges. (2) It shall tie lawfu for a college to make aflangenent with any other college i5ituated in the sane local area or with the University for cooperation in the work of teaching or research. (3) Excapt as provided by this Act the management Of a college shall be free to confrol and manngc the affairs of the college nd sham be responsible for its maintenance and upkeep its principal shall be respen§ible to maintain discipline in his students and exercise superintendence and control over its staff. (4) Each college shall irish sueh reports, retuns and other paticulars as the Executive Council or the Vice-Chancellor may call for. (5) The Excoutive Council shall cause every college to be inspected from time to time at intervals not exceeding five years by one or more persons authorized by it in that behalf, and a repon of inspectionshallbesenttotheExecutiveCouncil. (6) The Executive Council may direct a college so inspected to take such action as may appears to it to be necessary with in such period as may be specified. (7) The Privileges Of affiliation of a college which furls to comply with any direction of the Executive Council under sub-section (6) or to fflfil the condition of affiliation may, after obtaining a report from the management of the couege and with the previous sanction of the State Goverrment t]e withdrawn oT curtailed by the Executive 'Council in accordance with the provisions of the Regulations. (8) Notwithstanding anything in sub-sections (1) and (7), if the management of any college has failed to fulfill the conditiorm of affiliation, then after receiving the report from the management and the Vice-chancellor, the State Government may with draw or curtail the privileges of affliction. Dfoquarmcndon for 34. Person chall be disqualified for being chosen as, and for being a member m€mb€"hip of of the nngenent Of a college other than a college maintained management exclusively by the State Government or by local Authority, if he or his relative accepts any remuneration for any work in or for such college or any contract for the supply of goods to, or for the executive of any work for such college. GTNitsi`i€ 3iHTEIFTT TrFTE, 22 qT, 2020 €0 (9Tqig 01,1942 rm giv Chapter - 7 Sfafutes, Ordinances and Regulations Statutes 3S. (I) Subject to the provisions of this Act, the statutes may provide for all or any of the following matters; namely :- (a) the composition, powers and duties of the authorities and other bodies of the University, the qualifications and disqualifications for membership of such authorities, and the qualifications and disqualifications for membership of such other bodies, the appointment and removal of its members and other matters relating thereto ; a) the Appointment, powers and duties of officers of the University; (c) the appointment, tens and conditions of service of the employees of the University and their powers and duties; (d) Such terms and conditions under which the instrfutions may be associated with the University; (e) Administration of the University, establishment and abolition of colleges and institutions, the grant or withdrawal of affihation to colleges, awarding fellowships and awards to institutions and similarly providing degrees and other acaderic distinction and granting cedficate and Diploma ; (I) Procedure for conducting meetings of the authorities of the University; (g)Any other matter of the Uhiversity, which is necessary for the proper and effective management and conduct of the affairs of the University and which by this Act to be or may be provided by the Statutes. (2) The fist Statutes shall be made by the State Goverrment by notification in the official Gazzette. (3) The Executive Council may, from time to time, make ngw or additional statutes or may amend or repeal the statutes in the marmer prescribed in the proviso to this section: Provided that the Executive Council shall not make any statute or any amendment of statutes affecting the status, powers or constitirfuon of any existing authority of the University until such autholrty has been given an opportunity to express their option on that proposal, and any such opjhion expressed shall be in whting and sham be considered by the Executive Council: Provided further, that .ro Statutes shall be made by the Executive Council affecting the discipline of students and standard of instruction educatin and examination except after consultation with the Academic Council. `dq`ti<9Itlc eyenqTquT 7iue, 22 qT, 2020 !0 (entme Oi. 1942 ¥TiF H7att) 61 (4) Every new Statutes or addition to the Statutes or any amendment or repeal of Statutes shall require the approval of the Chacellor, who may assent or withhold assent or remit to the Executive Council for considention. (5) A new Statute or a Statute amending or repealing an existing statute shallhavenovalidityuulessithast)eenassentedbytheChancellor. (6) Notwithetanding anything contained in the foregoing sub-sections, the State Government may, in the interest, of the State or National RIucation Policy or on the advise/ recommendation of the of the University Grants Commission with the assent of the Chancellor, make new or additiolial Statutes or amend or repeal Statutes akeady in force, Ordiliances 36. (I) Subject to the provisions of this Act and the statutes, in all or any of the following matters, provisions may be made through first Ordinance; namely ;- (a) the admission of students the courses of studies and the fees thereof, the qualification perfectly to degrees, diplorms, certificates and other academic distinction, the condition for the grant Of fellowships, awards and the like; tti) the conduct of examinations, including the ten and appointmentofcxaminersandtheconditionsofresidenceofthe students and their general discipline; (c) Maliagement of colleges and preservations of institutions affiliated to or financed by the University; (d)Any other matters, which I)y this Act or the statutes is to I)e provides or ray be provided by the Ordinances. (2) The first Ordinance shall be made by the Vice Chancellor with the prior pemission of the State Goverrment, and the Ordinances so mede ray be amended repealed or added at any tine by the ExecutiveCouncilinthelnarmerpreseribedt]ytheStatutes. Regulations 37. The University may make regulations consistent with this Act, tile Statues and the Ordinances for the conduct of their oun business and that of the conmittees appointed ty them and not provided for by this Act the Statues or the Ordiunce in the mamer prescribed by the statues. Chapter - 8 Annnal Report and Accounts Annunl Report 38. (1) The Annual Report of the University shall be prepared under the dhections of the Executive Council, under whicb there shall be measures taken by the University to fulfiu its objectives in addition to other subjeds. 62 \±tl<iqu€ OrenqTquT TrorE, 22 qT. 2020 €0 (enqig 01, 1942ms uRIj (2) The amunl report thus prapaned shall be presented to the Chancellor on or before such date as may be prescribed. Accounting and 39. (I) The anrmal accounts and balance sheet of the University shall bc audit prepared under the direction of the Executive Council and shall, once at least every year, and at intervalsT of not more than fifteen months. be audited by the Director, I,ocal Fund Accounts, Uttarakhand or by such person or persons as the State Government may authorize in this behalf. (2) A copy of the annual accounts and the balance sheet together with the audit report thereon shall be submitted to the State Government along with the observation, if any, of the Executive Council before the thirticth of September, every year. (3) Any observations made by the State Government on the annun] accounts shall be brought to the notice of the Executive Council and the views of the Executive Council, if any, on such observations shall be submitted to the State Government. Surcharge 40. (1) Whenever any complaint is received by the State Government regarding loss, waste or misapplication of any money or property of the University or the State Government on its own thinks fit, it may direct for speeial audit Of the University to be done by the Director, Local Fund Accoun:ts, Uttardkhand or by any officer subordinate to him. (2) On receiving special audit report, the State Goverrment shall issue a notice to the officer of the University on account of whose negligence or misconduct, the loss, waste or misapplication referred to in sub-section (I), has ocourrd, calling upon bin to explrfu his action within the time fixed by the State Government in this behalf. (3) The State Government, after considering the audit report and the reply of the officer referred to in sub-section (2), may take suitable decision in this behalf. (4) If the State Government is of the opinion that the officer should be held responsible for paying the surcharge determined by the State Government, the surcharge shall be recovered as land revenue arrears or in such other manner as may be directed by the State Government. Chapter - 9 n4iscellaneous Tranaltional 41, (1) The first Vice-Chancellor shall have the responsibility to make powers of the first arrangements for the formation of the Council and other authorities Vice ChanceHor of the University, within six mondis from the date of commencement Of the Act, or within a period not exceeding one year as directed in the notification by the State Goverrrment. i3aiTena Oitii€Ii<ui True. 22 i;i, 2020 €0 (orpTi5 01, 1942 gTqi'N,I,) 63 (2) The first Vice-Chancellor shall make the necessary rules for the conduct of the work of the University in consultation with the Cbancellor. (3) It shall be the responsibility of the first Vice-Chancellor to immediately prepare the necessary drafts for the government and forward it to the competent authorities for approval. (4) Notwithstanding anything in this Act and until the official body is properly constituted under this Ar,t, the first Vice-Chancellor shall appoint an officer or constitute a temporary committee under this Act to exercise any powers and discharge the obligations. The manner of 42. (1) Except as expressly provided by this act, or the Regulations, officers appointhg officem of the University and members of Authorities of the University shall and membetE by so far as possible, be chosen by methods other than election. the authority (2) Where a provision is made in this Act or the Regulalon for any appointment by rotation or according to seniority or other qualifications, the manner of rotation and detennination of seniority and other qualificafrons shall be such as may be prescribed. Fimng up 43. (I) Any casual vacancy among the melnbers, other than exofficio nnfore8cen munbers, of any Authority or Body of the Uriversfty shall be filled vacancies in the same manner in which the member whose vacancy is {o be filled up was chosen, and the person filling the vacancy shall be meniber of such authority or body for the residue of the term for which the peson whose place he fills would have been a member. (2) Any person who is a member of an Authority of the University as representative of another Body, whether of the University or outside, shall retjrin his seat on such Authority so long as he continues to be the representative of such Body. Proceedingnotto 44. Not act or proceeding of any Authority or Body or Condttee of the be invalidated by University shall be invalid merely by reason of: vacaney eke, (a) any vacancy or defect in the constitution thereof, or a) some person having taken part in the proceedings who was not entitled to do so, or (c) any defect in the election, nomination or appointment of a perso;- action as member thereof, or (d) any irregularity in its procedure not affecting the merits o.f the case. DisqunEification 45. The Executive Council may by a two-third majority of the members from univemity present and voting remove any person from membership of any member5Iiip Authority or other Body of the University on the ground that such person has been convicted Of an offence which, in the opinion of the ExecutiveCoimcil,isanoffenceinvolvingmoralturpfudeoruponthe 64 `3TI<ttsrug 3iHTqTquT TiiFTE, 22 qF. 2o2o €o (q]TqT? oi, ig42ms iTRIj ground that he has been guilty of scandalous conduct or had behaved inamannerunbecomingofamemberoftheUiriversityandmayupon the same grounds withdraw from any person any degree or certificate confrfud or granted by the University. Reference to tlie 46. If any question arises whether any person has been duly elected or Chancellor appointed as or is entitled to be member of any Authority or other Body of the University or whether any decision of any Authority or the officer of the University (including any question as to the validity of a Regulation) is in confolmity with this Act or Regulatious made thereunder, the matter shall be refened to the Chancellor and the decision of the chancellor thereon shall be final. Bar orsuit 47. No suit or other legal proceeding shall lie against the State Government or the University or any officer, Authority or Body thereof in respect of anything done or purported or intended to be done in pursuance of the act or Regulations made thereunder. Method ofutte3tin8 48. (1) A copy of any receipt, application, notice, order, proceedings or a univerrty records resolution Of any Authority or committee of the University or otl}cT 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 Prina Facie evidence of such receipt, application, notice, order, proceedings, resolution or a document or the existence of entry in the register and shall be admitted as evidence of the matters and transactions recorded therein where the original thereof would, if produced. have been adnrissible in evidence. (2) No officer or servant of the University shall in any proceeding which the University is not a party, be required to produce any document, register or other record of the University, the conteuts Of which can be proved under sub section (I) by a cerdfied copy or to appear as a witness to prove the matters and transactibus recorded therein unless by order of the court made for special cause. TIIe RIglit to 49. Every employee or student of the Uhiversity or of a constituel?I Appeal college or affiliated college, shall, notwithstanding anything contained in this Act, have a RIght to Appeal within such time as may be prescribed, to the Executive Council against the decision of any Authority of the University or of the Principal of any such constituent college or an affiliated college, as the case may be, and thereupon the Executive Council may confirm, modify or change the decision appealed against, Conduct ofcolleges 50. All corses and programs conducted by the Uttarakhand Residential and I)rograms University shall be incorporated into Soban Singb Jeena University, all programs and courses conducted by Kunaun University in Soban Singb Jeem Campus Almora and in colleges coming under thisUhiversfty,challbeconductedtythisUniversity. i3i]¥Ttg-Dig 3FTTt]FTT Trtl€. 22 iRT. 2o2o €o (gTrm3. oi, 1942 Ow iTRTJ 65 Power to remove 51. (1) If any difficulty arises in giving effect lo the provisions of this Act difficulties the State Government may, by order, make such provisions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty. (2) No order under sub-section (1 ) shall be made after the expiry of two years from the date of commelicement of this Act` (3) Every order made under sub-section (1) shall be placed before the State Legislative Assembly. (4) No court shall object against any order under sub-section (I) on the ground that the difficulty referred to in sub-section (I ) did not ex';5f or was not required to be overcome, R¢ped of the 52. (i) The Uttarakhand Residential University Act, 2016 (Acrt No. 20 rtt' Uttar8had 2016) is hereby repealed. R€AIentia) University Act, (2) Notwithstapding such repeal, any action taken under the said Act 2016 shall be deemed to have been done under the comsponding provisions of this Act. By Order, PPIEM SINGH KHIMAL, Secretary.
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The Soban singh jeena University Act,2019
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