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THE ATAL BIHARI VAJPAYEE MEDICAL UNIVERSITY,
UTTAR PRADESH ACT, 2018
(U.P. ACT NO. 42 OF 2018)
[As passed by the Uttar Pradesh Legislature, assented to by the
Governor and published in Uttar Pradesh Gazette Extraordinary on
December 22, 2018]
AN
ACT
to provide for the establishment of a State Medical University, at
Lucknow in the Uttar Pradesh by the name of Atal Bihari Vajpayee
Medical University, Uttar Pradesh and for matters connected therewith
and incidental thereto.
IT IS HEREBY enacted in the Sixty-ninth Year of the Republic of
India as follows:–
CHAPTER-I
PRELIMINARY
Short title,
extent and
commencement
1. (1) This Act may be called the Atal Bihari Vajpayee Medical
University, Uttar Pradesh Act, 2018.
(2) It extends to the whole of the State of Uttar Pradesh.
(3) It shall come into force on such date as the Government
may, by notification, appoint and different dates may be appointed
for different provisions of this Act.
Definitions 2. In this Act, unless the contexts otherwise requires:–
(1) ‘Academic Council’ and ‘Executive Council’ means,
respectively, the Academic Council and the Executive Council
of the University;
(2) ‘Affiliated College’ or ‘Affiliated Institution’ means a
college or an institution affiliated to the University in
accordance with the provisions of this Act and Statutes made
thereunder;
(3) ‘Appointed Date’ means the date notified by the State
Government under sub-section (3) of section 1;
(4) ‘Dental Sciences, Medicine and Nursing’ shall have
the meanings respectively assigned to them in the Dentists Act,
1948, the Indian Medical Council Act, 1956 and the Indian
Nursing Council Act, 1947;
(5) ‘Faculty’ means a Teaching Faculty of the University;
(6) ‘Government’ means the State Government of Uttar
Pradesh;
(7) ‘Hostel’ means a unit of residence for students
maintained or recognized by the University;
(8) ‘Management’ in relation to an affiliated college means
the managing committee or other body charged with
managing affairs of that college and recognized as such by the
University;
(9) ‘Medical Sciences’ means modern scientific medicine
in all its branches and include surgery, dental sciences,
nursing, para-medical sciences and other allied disciplines in
all their branches;
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(10) ‘Prescribed’ means prescribed by the Statutes;
(11) ‘Statutes’, ‘Ordinances’ and ‘Regulations’ means
receptively the Statutes, Ordinances and Regulations of the
University;
(12) ‘Teacher’ means a teacher employed by the University
or its Affiliated Colleges for imparting instructions or guiding or
conducting research and includes a Director or a Principal of an
Affiliated College;
(13) ‘University’ means the Atal Bihari Vajpayee Medical
University,Uttar Pradesh established under this Act.
CHAPTER-II
THE UNIVERSITY
Incorporation
of the
University
3. The Chancellor, the Vice-Chancellor and the members of
the Executive Council and the Academic Council, for the time being
holding office as such in the University shall constitute a body
corporate by the name of Atal Bihari Vajpayee Medical University,
Uttar Pradesh.
First appoint-
ment of Vice-
Chancellor
and staff
4. (1) First Vice-Chancellor shall be appointed by the
Government for two years.
(2) The Pro-Vice-Chancellor and Medical Superintendent(s) of
Hospitals may be appointed by the Vice-Chancellor from amongst the
Professors of the University.
Objects of the
University
5. The objects of the University shall be:–
(a) to disseminate and advance knowledge in medicine,
dental sciences, nursing, pharmacy, para-medical and such
other disciplines as may be prescribed from time to time and to
ensure efficient and systematic instructions, teaching, training
and research therein,
(b) to provide for multi-disciplinary and super speciality
hospitals including trauma centers,
(c) to treat patients in its hospitals and health centers,
(d) to affiliate, supervise and regulate affiliated (government
and privately managed) colleges and to conduct examinations
thereto,
(e) to administer, manage and control the hospitals,
diagnostic centers and blood banks,
(f) to facilitate research in traditional and innovative areas,
(g) to establish a center for imparting training to teachers
and other technical and para-medical aspirants, and
(h) to implement various schemes of Union, State and
other agencies.
Powers and
duties of the
University
6. The University shall have the powers and functions:–
(i) to institute teaching and training in such branches of
medicine, dental sciences, nursing, para-medical and other
disciplines as the University may think fit and to make
provisions for research and for the advancement and
dissemination of knowledge in those branches and manage the
accreditation thereof;
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(ii) to institute and award degrees, in affiliated medical
colleges, dental colleges, nursing institutions and para-medical
institutions and such constituent & autonomous colleges;
(iii) to admit students to the various courses of study of
the University and to conduct examinations or tests and lay
down conditions in respect thereof;
(iv) to hold examinations for, and to grant and confer
degrees, post-graduate diplomas and other academic
distinctions to persons, who:–
(a) have pursued a course of study in the University
or its affiliated Colleges; or
(b) have carried on research in the University;
(v) to confer honorary degrees or other academic
distinctions in the manner and under conditions laid down in
the Statutes;
(vi) to provide such lectures, instructions and training
for aspirants, not being students of the University, as the
University may determine;
(vii) to co-operate or collaborate with other Universities
and authorities in such manner and for such purpose, as the
University may determine;
(viii) to institute and award scholarship, fellowships,
studentship, stipend, medals, prizes and to undertake other
student welfare activities;
(ix) to recognize for the purposes of admissions to a
course of study for a degree, as equivalent to its own degree,
any degree conferred by another University or as equivalent to
the Intermediate Examination of the Board of High School and
Intermediate Education, Uttar Pradesh or any equivalent
examination conducted by any other University or Authority;
(x) to establish, maintain and administer institutes of
research, hospitals, laboratories, libraries or other things
necessary to carry out the objects of the University;
(xi) to establish, maintain and administer hostels and to
recognize places of residence for students of the University;
(xii) to fix and collect fees and other charges;
(xiii) to supervise and control the residents and to
regulate the discipline of students of the University, and to
make arrangements for promoting their health;
(xiv) to create teaching, administrative, technical, non-
teaching and other necessary posts required by the University
and to make appointments thereto;
(xv) to undertake publication of works of merit, research
and patent;
(xvi) to provide for the management and treatment of the
patients in its hospitals;
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(xvii) to admit any Government or private Medical or
Dental College or any such institution as is imparting
education, or training in Nursing and Para-medical degree
courses to the privileges of affiliation or to withdraw or curtail
any such privileges and to guide and control the works of
such institution;
(xviii) to do all such acts and things whether incidental to
the powers as aforesaid or not as may be required in order to
further the objects of the University.
Jurisdiction
and admission
to privileges
7. (1) Notwithstanding anything to the contrary in any other
Law of the State, the provisions of this Act shall prevail.
(2) No college or institution in the State of Uttar Pradesh
imparting education in Medical Sciences or dental sciences or degree
courses in nursing and para-medical disciplines shall be affiliated
with any other University and the sanction of the Government, be
associated in any way with or seek admission to any privileges of any
other State University.
(3) Any such privilege enjoyed from other University before the
appointed date by any Medical College or Institution of Medical
Science situated in the State shall stand withdrawn with effect from
such date.
(4) On and from the appointed date, all colleges and
institutions of medical sciences previously admitted to the privileges
of or affiliated to the King George’s Medical University, Lucknow or
the Uttar Pradesh University of Medical Sciences, Saifai, Etawah or
Shakuntala Misra National Rehabilitation University or any State
University constituted under the Uttar Pradesh State Universities Act,
1973 shall be deemed to be admitted to the privileges or affiliated to
this University.
University open
to all castes
and creeds
8. The University shall be open to all persons irrespective of
race, class, creed or sex provided that the University may-
(i) restrict the eligibility of admission to the courses of
study of the University;
(ii) make reservations in favour of the Scheduled Castes,
the Scheduled Tribes, Other Backward Classes, women
students and other categories in accordance with any law or
orders of the Government for the time being in force.
INSPECTION AND INQUIRY
Visitation 9. (1) The Government shall have the right to cause an
inspection to be made by such person or persons as it may direct of the
University including its buildings, libraries, laboratories, workshops
and equipment and also of the examinations, teaching and all other
works conducted or done by the University or to cause an inquiry to be
made in the like manner in respect of any matter connected with the
administrator and finances of the University.
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(2) Where the Government decides to cause an inspection or
inquiry to be made under sub-section (1) it shall inform the
University of the same through the Registrar and any person
nominated by the Executive Council may be present at such
inspection or inquiry a representative of the University and he shall
have the right to be heard as such:
Provided that no person shall appear, plead or act as legal
practitioner on behalf of the University as such inspection or
inquiry.
(3) The person or persons appointed to inspect or inquire
under sub-section (1) shall have all the powers of Code of Civil
Procedure, 1908, for the purpose of taking evidence on oath and of
enforcing the attendance of witness and compelling production of
documents and material objects and shall be deemed to be a civil
court within the meaning of sections 345 and 346 of the Code of
Criminal Procedure, 1973, and the proceedings before him or them
shall be deemed to be judicial proceeding within the meaning of
sections 193 and 228 of the Indian Penal Code.
(4) The Government shall address the Vice-Chancellor with
reference to the result of such inspection or inquiry and the Vice-
Chancellor shall communicate of the Government to the Executive
council the views of the Government with such advice as the
Government may offer upon the action to be taken thereon.
(5) The Vice-Chancellor shall then within such time as the
Government may fix submit to it a report of the action taken or
proposed to be taken by the Executive council.
(6) If the University authorities do not within a reasonable time,
take action to the satisfaction of the Government the Government may
after considering any explanation which the University authorities may
furnish issue such directions as it may think fit, and the University
authorities shall be bound to company with such directions.
(7) The Government shall send to the Chancellor a copy of every
report of an inspection or inquiry caused to be made under sub-
section (1) and of every communication received from the Vice-
Chancellor under sub-section (5) and of every direction issued under
sub-section (6) and also of every report or information received in
respect of compliance or non-compliance with such directions.
CHAPTER-III
OFFICERS OF THE UNIVERSITY
Officers of the
University
10. The following shall be the officers of the University:–
(a) the Chancellor,
(b) the Vice-Chancellor,
(c) the Pro-Vice-Chancellor,
(d) the Registrar,
(e) the Finance Officer,
(f) the Controller of Examinations,
(g) the Deans of Faculty,
(h) such other officers as may be declared by the
Statutes to be the Officers of the University.
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The
Chancellor
11. (1) The Governor shall be the Chancellor of the University.
He shall by virtue of his office be the Head of the University and shall,
when present, preside at any convocation of the University.
(2) Every proposal for the conferment of any honorary degree
shall be subject to the confirmation by the Chancellor.
(3) It shall be the duty of the Vice-Chancellor to furnish such
information or record 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 the Statutes.
The Vice-
Chancellor
12. (1) The Vice-Chancellor shall be a whole time salaried
officer of the University and shall be appointed by the Chancellor
except as provided by sub-section (6) or sub-section (10) from amongst
the persons whose names are submitted to him by the committee
constituted in accordance with provisions of sub-section (3).
(2) (a) Only such person shall be eligible for the appointment to
the office of Vice-Chancellor who has not attained the age of 65
years;
(b) The Vice-Chancellor shall hold office for a term of three
years from the date he enters upon his office or till he attains the
age of sixty-eight years, whichever is earlier.
(c) The Vice-Chancellor, who has not attained the age of 65
years may be appointed as such for second term:
Provided that the Vice-Chancellor may by writing under his
hand addressed to the Chancellor resign his office, and shall cease
to hold his office on the acceptance by the Chancellor of the
resignation.
(3) The Vice-Chancellor shall be appointed by the Chancellor
on the recommendation of a committee consisting of:–
(a) the Chief Secretary;
(b) the Principal Secretary to Government of Uttar
Pradesh, Department of Medical Education;
(c) the Vice-Chancellor, King George's Medical University;
(d) the Director, Sanjay Gandhi Post Graduate Institute of
Medical Sciences, Lucknow;
(e) One expert in medical field, not below the rank of a
Head of Medical Institution or Medical University to be nomi-
nated by the Chancellor.
(4) The Committee shall as far as may be at least sixty days
before the date on which a vacancy in the office of the Vice-Chancellor
is due to occur by reason of expiry of term or resignation under sub-
section (2) and also whenever so required and before such date as may
be specified by the Chancellor submit to the Chancellor the names of
not less than three and not more than five persons to hold the office
of the Vice-Chancellor. The Committee shall while submitting the
names, also forward to the Chancellor a concise statement showing
the academic qualification of each of the persons so recommended
but shall not indicate any order of preference.
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(5) Where the Chancellor does not consider any one or more of
persons recommended by the committee to be suitable for appointment
as Vice-Chancellor or if one or more of the persons recommended is or
are not available for appointment and the choice of the Chancellor is
restricted to less than three persons, he may require the committee to
submit a list of fresh names in accordance with sub–section (4).
(6) If the committee in the case referred to in sub–section (4) or
sub–section (5) fails or is unable to suggest any names within the time
specified by the Chancellor, or if the Chancellor does not consider any one
or more of the fresh names recommended by the committee to be suitable
for appointment as Vice-Chancellor another committee consisting of three
persons of academic eminence shall be constituted by the Chancellor
which shall submit the names in accordance with sub-section (4).
(7) No act or proceeding of the committee shall be invalidated
merely by reason of the existence of a vacancy or vacancies among its
members or by reasons of some person having taken part in the
proceeding who is subsequently found not to have been entitled to do so.
(8) Subject to the provisions of this Act, the emoluments and
other conditions of services of the Vice-Chancellor shall be such as may
be determined by the State Government by general or special order in
that behalf.
(9) In any of the following circumstances (of the existence of
which the Chancellor shall be the sole judge), the Chancellor may
appoint any suitable person to the office of Vice-Chancellor for a term
not exceeding six months as he may specify:–
(a) Where a vacancy in the office of Vice-Chancellor occurs
or is likely to occur by reason of leave or any other cause, not
being resignation or expiry of term of which a report shall
forthwith be made by the Registrar to the Chancellor;
(b) Where a vacancy in the office of Vice-Chancellor occurs
and it cannot be conveniently and expeditiously filled in
accordance with the provisions of sub-section (1) to (6);
(c) any other emergency:
Provided that the Chancellor may, from time to time extend
the term of appointment of any person to the office of Vice-
Chancellor under this sub-section so however that the total term
of such appointment (including the term fixed in the original
order) does not exceed one year.
(10) Until a Vice-Chancellor appointed under sub-section (1) or
sub-section (6) or sub-section (9) assumes office, the Pro-Vice-
Chancellor if any or where there is no Pro-Vice-Chancellor, the senior
most Professor of the University shall discharge the duties of the Vice-
Chancellor as well.
(11) If in the opinion of the Chancellor, the Vice-Chancellor
willfully omits or refuses to carry out the provisions of this Act or
abuses the powers 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 the University, the Chancellor may, after
making such inquiry as he deems proper, by order, remove the Vice-
Chancellor.
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(12) During the pendency, or in contemplation of any inquiry
referred to in sub-section (11) the Chancellor may order that till further
orders:–
(a) such Vice-Chancellor shall refrain from performing the
functions of the office of the Vice-Chancellor, but shall continue to
get the emoluments to which he was otherwise entitled under sub-
section (8).
(b) the functions of the office of the Vice-Chancellor shall be
performed by the person specified in the order.
Powers and
Duties of the
Vice-
Chancellor
13. (1) The Vice-Chancellor shall be the Principal Executive and
Academic Officer of the University and shall, -
(a) exercise general supervision and control over the affairs
of the University,
(b) give effect to the decisions of the authorities of the
University,
(c) in the absence of the Chancellor, preside at any
convocation of the University,
(d) be responsible for the maintenance of discipline in the
University including the prohibition of any violent or indecent
ragging of fresh students by their seniors,
(e) be responsible for holding and conducting the University
examinations properly and at due times and for ensuring that the
results of such examinations are published expeditiously and that
the Academic Session of the University starts and ends on proper
dates.
(2) The Vice-Chancellor shall be an ex-officio member and
Chairperson of the Executive Council, the Academic Council and the
Finance Committee.
(3) The Vice-Chancellor shall have the right to speak in and
otherwise to take part in the meeting of any other authority or body of
the University but shall not by virtue of this sub-section be entitled to
vote.
(4) If shall be the duty of the Vice-Chancellor to ensure the
faithful observance of the provisions of this Act, the Statutes and the
Ordinances and he shall without prejudice to the powers of the
Chancellor under sections 11 and 50 possess all such powers as may
be necessary in that behalf.
(5) The Vice-Chancellor shall have the power to convince or
cause to be convened meetings of the Executive Council, the Academic
Council and the Finance Committee:
Provided that The Vice-Chancellor may delegate his power under
this sub-section to any other officer of the University.
(6) Where any matter, other than the appointment of teacher of
the University, 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
and shall forthwith report the action taken by him to the Chancellor
and also to the officer, authority or other body who or which in the
ordinary course would have dealt with the matter:
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Provided that no such action shall be taken by the Vice-
Chancellor without the previous approval of the Chancellor if it would
involve a deviation from the provisions of the Statutes or the
Ordinances:
Provided further that if an officer, authority or other body is of
opinion that such action ought not to have been taken, he or it may
refer the matter to the Chancellor who may either confirm the action
taken by the Vice-Chancellor or annual the same or modify it in such
manner, as he thinks fit and thereupon, it shall cease to have effect
or, as the case may be, take effect in the modified form so however the
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 any person in the service of University who is
aggrieved by the action taken by the Vice-Chancellor under this sub-
section, shall have the right to appeal against such action to the date
on which decision on such action is communicated to him and
thereupon the Executive Council may confirm modify or reverse the
action taken by the Vice-Chancellor.
(7) Nothing in sub-section (6) shall be deemed to empower the
Vice-Chancellor to incur any expenditure not duly authorized and
provided for in the budget.
(8) Where the exercise of the power by the Vice-Chancellor
under sub-section (6) involves the appointment, such appointment
shall terminate on appointment being made in the prescribed manner
or on the expiration of a period of six months from the date of the order
of the Vice-Chancellor, whichever is earlier.
(9) The Vice-Chancellor shall exercise such other powers as may
be laid down by the Statutes and Ordinances.
The Pro-Vice-
Chancellor
14. (1) The Vice-Chancellor, if he considers necessary, may
appoint a Pro-Vice-Chancellor from amongst the Professors of the
University.
(2) The Pro-Vice-Chancellor appointed under sub-section (1)
shall discharge the duties in addition to his duties as a Professor.
(3) The Pro-Vice-Chancellor shall hold office at the pleasure of
the Vice-Chancellor.
(4) The Pro-Vice-Chancellor shall get a special allowance of such
amount as may be determined by general or special orders by the
Government.
(5) The Pro-Vice-Chancellor shall assist the Vice-Chancellor in
respect of such matters as may be specified by the Vice-Chancellor in
this behalf from time to time and shall preside over the meetings of the
University in absence of the Vice-Chancellor and shall exercise such
powers and perform such duties as may be assigned or delegated to him
by the Vice-Chancellor.
15. (1) The Registrar shall be whole-time officer of the University.
(2) The Registrar shall be appointed by the Government on such
terms and conditions as may be prescribed.
The Registrar
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(3) The Registrar shall have the power to authenticate records
on behalf of the University.
(4) The Registrar shall be responsible for the due custody of the
records and the common seal of the University. He shall be the ex-officio
Secretary of the Executive Council, Academic Council, Admission
Committee, Disciplinary Committee for a teacher and of every Selection
Committee for appointment and promotion of teachers of the University,
and shall be bound to place before these authorities and the Vice-
Chancellor all such informations required from time to time but he shall
nor by virtue of this sub-section be entitled to vote.
(5) The Registrar shall not be offered nor shall he accept any
remuneration for any work in the University except in accordance with
the order of the Government.
(6) Deputy Registrar(s) and Assistant Registrar(s) may be
appointed to aid and assist the Registrar on the conditions prescribed
under the Statutes, against the strength sanctioned by the Government.
16. (1) There shall be a Finance Officer for the University who
shall be appointed by the Government by a notification and his
remuneration and allowances shall be paid by the University.
(2) An Accounts Officer may be appointed to aid and assist the
Finance Officer on the conditions prescribed under the Statutes, against
the strength sanctioned by the Government.
(3) The Finance Officer shall be responsible for presenting the
budget (annual estimates) and the Statement of Accounts to the
Executive Council and also for drawing and disbursing funds on behalf
of the University.
(4) The Finance Officer shall have the right to speak in and
otherwise to take part in the proceedings of the Executive Council but
shall not be entitled to vote.
(5) The Finance Officers shall be responsible:–
(a) to ensure that no expenditure not authorized in the
budget, is incurred by the University (otherwise than by way to
investments);
(b) to disallow any proposed expenditure which may
contravene the provisions of this Act or the terms of any Statutes
or Ordinances;
(c) to ensure that no other financial irregularity is
committed and to take steps to set right any irregularities pointed
out during audit;
(d) to ensure that the property and investments of the
University are duly preserved and managed.
(6) The Finance Officer shall have access to and may require the
production of such records and documents of the University and the
furnishing of such information pertaining to its affairs as in his opinion
may be necessary for the discharge of his duties.
(7) The Finance Officer shall not be offered nor shall he accept
any remuneration for any work in the University.
The Finance
Officer
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(8) All contracts shall be entered into and signed by the Finance
Officer on behalf of the University.
(9) Other powers and functions of the Finance Officer shall be
such as may be prescribed.
17. (1) The Controller of Examinations shall be a whole time
officer of the University
(2) The Controller of Examinations shall be appointed by the
Government and his remuneration and allowances shall be paid by the
University.
(3) The Controller of Examinations shall be responsible for the
due custody of the records pertaining to his work. He shall be ex-officio
Secretary of the Examination Committee of the University and shall be
responsible to place before such committee all such informations as
may be necessary for the transaction of its business. He shall also
perform such other duties as may be prescribed by the Statutes and
Ordinances or as may be required from time to time by the Executive
Council or the Vice-Chancellor but he shall not by virtue of this sub-
section be entitled to vote.
(4) The Controller of Examinations shall have administrative
control over the employees working under him and have in this regard
all the powers of the Registrar.
(5) Subject to the superintendence of the Examinations
Committee, the Controller of Examination shall conduct the
examinations and make all other arrangements thereto and be
responsible for the due execution of all processes connected therewith.
(6) The Controller of Examinations shall not be offered nor shall
he accept any remuneration for any work in the University except in
accordance with an order of the Government.
(7) Where the Controller of Examinations is for any reason unable
to act or the office of Controller of Examination is vacant, all the duties
of the office shall be performed by such person as may be appointed by
the Vice-Chancellor until the Controller of Examination resumes his
duties or as the case may be the vacancy is filled.
(8) The Additional Controller of Examinations and the Deputy
Controller of Examinations may be appointed to aid and assist the
Controller of Examination on the conditions prescribed under the
Statutes, against the strength sanctioned by the Government.
18. The power of officers of the University other than the
Chancellor, the Vice-Chancellor, the Pro-Vice-Chancellor, the Finance
Officer, the Registrar and the Controller of Examination, if any appointed
shall be such as may be prescribed or laid down by the Ordinances.
CHAPTER-IV
AUTHORITIES OF THE UNIVERSITY
Authorities of
the
University
19. The following shall be authorities of the University,
namely:–
(a) the Executive Council;
(b) the Academic Council;
(c) the Finance Committee;
(d) the Examination Committee;
(e) the Board of Faculties;
(f) the Selection Committees for appointment of teachers of
the University;
(g) the Admission Committee;
(h) Such other authorities as may be declared by the
Statutes to be authorities of the University.
The Controller
of Examination
Other Officers
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(i) the Admission Committee;
(j) Such other authorities as may be declared by the
Statutes to be authorities of the University.
20. (1) The Executive Council shall consist of the following
members, namely:–
(a) the Vice-Chancellor, who shall be Chairperson thereof;
(b) the Pro-Vice-Chancellor, if any;
(c) the Principal Secretary/Secretary to Government of Uttar
Pradesh, Medical Education Department, or his nominee not
below the rank of a Special Secretary;
(d) the Principal Secretary/Secretary to Government of Uttar
Pradesh, Finance Department, or his nominee not below the rank
of a Special Secretary;
(e) the Deans of two Faculties of the University including its
affiliated colleges, by rotation, in order of seniority;
(f) the Director General, Medical Education and Training,
Uttar Pradesh;
(g) the Director, All India Institute of Medical Sciences, New
Delhi or his nominee not below the rank of a Professor;
(h) the Vice-Chancellor, King George’s Medical University,
Uttar Pradesh, Lucknow;
(i) the Director, Sanjay Gandhi Post Graduate Institute of
Medical Sciences, Lucknow;
(j) the Director, Dr. Ram Manohar Lohia Institute of Medical
Sciences, Lucknow;
(k) two retired Principals of State Medical Colleges,
nominated by the Executive Council;
(l) one Principal of a State Medical College, nominated by
the Vice-Chancellor;
(m) two Senior Professors of the University including its
affiliated Colleges, nominated by the Vice-Chancellor;
(n) two eminent Director/Head, retired from medical
institution of National or International repute, nominated by the
Chancellor.
(o) two eminent members of civil society engaged in medical
profession or social service or retired civil servants or retired
judges, nominated by the Chancellor on the recommendation of
the state Government.
(2) The term of the office of the members of the Executive Council
other than ex-officio members shall be of three years.
(3) A person shall be disqualified for being a member (other than
an ex-officio member) as and for being a member of the Executive
Council if he or his relative is in service of the University or its affiliated
college or accepts any remuneration for any work in or for the University
or any contract for the supply of goods to or for the execution of any
work for the University:
Provided that nothing in this sub-section shall apply to the
acceptance of any remuneration by a teacher as such for any duties
performed in connection with an examination conducted by the
University or for any duties as superintendent or warden of a training
unit or any hostel or proctor or any duties of a similar nature in
relation to the University.
Constitution of the
Executive Council
[The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018]
13
Explanation:– In this section relative means the relations
defined in section 2 of the Companies Act, 2013 and prescribed under
rule 4 of the Companies (Specification of Definitions Details) Rules, 2014
as amended from time to time.
21. (1) The Executive Council shall be the Principal Executive
Body of the University and subject to the provisions of this Act, have the
following powers, namely:–
(i) to hold control of the property and funds of the University;
(ii) to acquire or transfer any movable or immovable properly on
behalf of the University;
(iii) to make amend or repeal Statutes and Ordinances;
(iv) to administer any funds placed at the disposal of the
University for specific purpose;
(v) to prepare the budget of the University;
(vi) to award scholarship, fellowships, bursaries, medals and
other award in accordance with the Ordinances;
(vii) to appoint officers, teachers and other employees of the
University and to define their duties and the conditions of their service
and to provide for the filling of temporary causal vacancies in their posts;
(viii) to fix the fees, emoluments and traveling and other
allowances of the examiners;
(ix) to direct the form and the use of the common seal of the
University;
(x) to regulate and enforce discipline among members of the
teaching, administrative and other staff of University in accordance with
the Statutes and the Ordinances;
(xi) to manage and regulate the finance, accounts, investments,
property, business and all other administrative affairs of the University
and for that purpose, to appoint such agents as it may think fit;
(xii) to invest any money belonging to the University (including
any income from any trust or endowed property) in such stock funds
shares or securities as it shall from time to time think fit or in the
purchase of immovable property with the like power of varying such
investment from time to time;
(xiii) to provide the buildings, premises, furniture and apparatus
and other means needed for carrying on the work of the University;
(xiv) to enter into, vary, carry-out and cancel contracts on behalf
of the University;
(xv) to regulate and determine all other matters concerning the
University as well as constituent, affiliated colleges, hospitals and Health
Centers in accordance with this Act, the Statutes and the Ordinances.
(2) No immovable property of the University shall except with the
prior sanction of the Government be transferred (except by way of letting
from month to month in the ordinary course of management) by the
Executive Council by way of mortgage, sale, exchange, gift or otherwise
nor shall any money be borrowed, or advance taken on the security
thereof except as a condition of receipt of any grant-in-aid of the
University from the Government or with the previous sanction of the
Government from any other person.
Powers and duties
of Executive
Council
[The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018]
14
(3) No expenditure in respect of which approval of the
Government is required by this Act or the Statutes or Ordinances shall
be incurred except with such approval previously obtained, and no post
shall be created in the University except with the prior approval of the
Government except in accordance with any general or special order of
the Government.
(4) The pay and other allowances to various categories of the
employees of the University shall be such as may be approved by the
Government.
(5) The Executive Council shall not exceed the limits of recurring
and non-recurring expenditure to be incurred in each financial year fixed
by the Finance Committee.
(6) The Executive Council shall not take any action in regard to
the numbers, qualifications and emoluments of teachers and the fees
payable to examiners except after considering the advice of the Academic
Council and the Boards of Faculties concerned.
(7) The Executive Council may subject to any conditions laid
down in the Statutes delegate such of its powers, as it deems fit, to an
officer or any other authority of the University or to a committee
appointed by it.
22. (1) The Academic Council shall be the Principal Academic
Body of the University and subject to the provisions of this Act, the
Statutes and the Ordinances,–
(a) shall have the control and general regulation of, and be
responsible for the maintenance of standards of instruction,
education and research carried on or imparted in the University;
(b) may advise the Executive Council on all academic
matters including matters relating to examinations conducted by
the University; and
(c) shall have such powers and duties as may be conferred
or imposed upon it by the statutes.
(2) The Academic Council shall consist of the following members,
namely:–
(i) the Vice-Chancellor;
(ii) the Dean of the Faculties;
(iii) all other Heads of Departments of the University;
(iv) all Professors of the University who are not Heads of
departments;
(v) two retired Principals of the Medical Institutions or
Medical Colleges to be nominated by the Vice-Chancellor;
(vi) two Professor, two Associate Professor and two
Assistant Professors from each Faculty to be nominated by the
Vice-Chancellor, and;
(vii) five persons of the academic eminence to be nominated
by the Vice-Chancellor.
(3) The term of office of nominated members shall be two years.
23. (1) The Finance Committee shall consist of:–
(a) the Vice-Chancellor, who shall be the Chairperson thereof;
Academic
Council
The Finance
Committee
[The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018]
15
(b) the Principal Secretary to the Government in the Medical
Education Department;
(c) the Principal Secretary to the Government in the Finance
Department;
(d) the Pro-Vice-Chancellor, if any;
(e) the Registrar;
(f) the Controller of Examinations;
(g) the Finance Officer, who shall be the Secretary of the
Committee.
(2) A member referred to in clause (b) or clause (c) of sub-section
(1) may, instead of attending any meeting of the Finance Committee
himself depute an officer, not below the rank of a Joint Secretary to the
Government and an officer so deputed shall also have the right to vote.
(3) The Finance committee shall advice the Executive Council on
matters relating to the administration of property and funds of the
University. It shall having regard to the income and resources of the
University fix limits for the total recurring and non-recurring
expenditure for the ensuing financial year and may, for any special
reasons, revise during the financial year the limits of expenditures so
fixed and the limits so fixed shall be binding on the Executive Council.
(4) The Financial committee shall have such other powers and
duties as may be conferred or imposed on it by this Act or the Statutes
made thereunder.
24. (1) The University shall have Faculties of Medicine, Dental
Sciences, Nursing, Para-medical and such other faculties as may be
prescribed.
(2) Each Faculty shall comprise such departments of teaching as
may be prescribed and each department shall have such subjects of
study as may be assigned to it by the Ordinances.
(3) There shall be a board of each faculty, the constitution
(including the term of office of its members) and powers and duties of
which shall be such as may be prescribed.
(4) There shall be a Dean of each faculty who shall be chosen
from amongst the Professors by rotation in order of seniority and shall
hold office for three years.
(5) The Dean shall be the Chairperson of the Board of Faculty
and be responsible for:–
(a) the organization and conduct of the teaching and research work
of departments comprised in the Faculty, and
(b) the due observance of the Statutes, Ordinances and Regulations
relating to the Faculty.
(6) In each Department of teaching in the University there shall
be a Head of the Department whose appointment shall be regulated by
Statutes.
(7) The Head of Department shall be responsible to the Dean for
the organization of teaching in the Department and have such other
powers and duties as may be provided in the Ordinances.
(8) These shall be constituted in accordance with the provisions
of the Ordinances, Boards of studies in respect of different subjects of
study and more than one subject may be assigned to one Board of
Studies.
The Faculties
[The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018]
16
25. (1) There shall be an Admission Committee of the University,
the constitution of which shall be such as may be provided for in the
Ordinances.
(2) The Admission Committee shall have the powers to appoint
such number of sub-committees as it thinks fit.
(3) Subject to the superintendence of the Academic Council and
to the provisions of sub-section (5), the Admission Committee shall lay
down the principles or norms governing the policy of admission for
various courses of studies in the University.
(4) Subject to the provision of sub-section (5), the Committee may
issue any direction with regard to criteria or methods of admissions
(including the number of students to be admitted) to affiliated colleges
which shall have binding effects on such colleges.
(5) Notwithstanding anything to the contrary contained in any
other provision of this Act, reservation of seats for admission in any
course of study in the University and affiliated colleges (excluding the
minority institutions) for the students belonging to the Scheduled
Castes, the Scheduled Tribes, Other Backward Classes of Citizens,
Female students, Differently-abled students and other categories in
accordance with any law or orders may be made and regulated by such
orders as the Government may, make in that behalf.
(6) Notwithstanding anything to the contrary contained in the
foregoing sub- sections, admissions to the various courses shall subject
to any orders of the Central or State Regulatory Bodies.
(7) No student admitted to the University or its Affiliated Colleges
in contravention of the provisions of this section shall be permitted to
take up any examination conducted by the University and the Vice-
Chancellor shall have the power to cancel any admission made in such
contravention.
26. (1) There shall be an Examination Committee in the
University, the constitution of which shall be as may be provided for in
the Ordinances.
(2) The Committee shall supervise generally all the examinations
of the University, including moderation and tabulation and perform the
following other functions, namely:–
(a) to appoint examiners and moderators and, if necessary, to
remove them;
(b) to review from time to time the result of University
examination and submission of reports thereon to the Academic
Council;
(c) to make recommendations to the Academic Council for
the improvement of the examination system;
(d) to scrutinize the list of examiners proposed by the Board of
Studies, finalize the same and declare the results of the University.
(3) The Examination Committee may appoint such number of
sub-committees, as it thinks fit, and in particular, may delegate to any
one or more persons or Sub-Committee to deal with and decide cases
relating to the use of unfair means by the examinees.
Admission
Committee
Examination
Committee
[The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018]
17
(4) Notwithstanding anything contained in this Act, it shall be
lawful for an Examination Committee or as the case may be, for a Sub--
Committee or any person to whom the Examination Committee has
delegated its power in this behalf under sub-section (3) to debar an
examinee from future examinations of the University if in its or his
opinion such examinee is guilty of using unfair means at any such
examinations.
27. The constitution, powers and duties of other authorities of
University shall be such as may be prescribed.
CHAPTER- V
AFFILIATION AND RECOGNITION OF COLLEGES
28. (1) The Executive Council may admit any college which fulfils
such conditions of affiliation, as may be prescribed, to the privileges of
affiliation or enlarge the privileges of any college already affiliated or
subject to the provisions of sub-section (7), withdraw or curtail any
such privilege.
(2) It shall be lawful for an affiliated college to make arrangement
with any other affiliated college situated in the same local area, or with
the University, for co-operation in the work of teaching or research.
(3) Save as provided in this Act, the management of an affiliated
college shall be free to manage and control the affairs of the college and
be responsible for its maintenance and upkeep, and its Principal shall
be responsible for the discipline of its students and for the
superintendence and control over its staff.
(4) Every affiliated college shall furnish such reports, returns
and other particulars as the Executive Council or the Vice-Chancellor
may call for.
(5) The Executive Council shall cause every affiliated 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 report of the
inspection shall be made to the Executive Council.
(6) The Executive Council may direct an affiliated college so
inspected to take such action as may appear to it to be necessary within
such period as may be specified.
(7) The privileges of affiliation of a college which fails to comply
with any direction of the Executive Council under sub-section (6) or to
fulfill the conditions of affiliation may, after obtaining a report from the
Management of the college and with the previous sanction of the
Chancellor, be withdrawn or curtailed by the Executive Council in
accordance with the provisions of the Statutes.
(8) Notwithstanding anything to the contrary contained in sub-
sections (1) and (7), if the Management of an affiliated college has failed
to fulfill the conditions of affiliation, the Chancellor may, after obtaining
a report from the Management and the Vice-Chancellor, withdraw or
curtail the privileges of affiliation thereof.
29. (1) Constituent Colleges shall be such as may be named by
the Statutes and shall be maintained by the University or by the
Government.
(2) The Principal of a Constituent College shall have general
control over the staff to the college. He may exercise such other powers
as may be prescribed.
Other
Authorities
Affiliated
Colleges
Constituent
Colleges
[The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018]
18
30. The University on the recommendations of the University
Grants Commission, may grant in the manner prescribed to an affiliated
college as an autonomous college which satisfies the conditions
prescribed in that behalf, the privileges of varying, for the students
receiving instructions in the college, the courses of study prescribed by
the University and holding examination in the courses so varied.
CHAPTER-VI
RECRUITMENT AND SERVICE CONDITIONS OF TEACHERS OF THE
UNIVERSITY
31. (1) Subject to the provisions of this Act, the teachers shall be
appointed by the Executive Council on the recommendation of a
Selection Committee in the manner hereinafter provided. The Selection
Committee shall meet as often as necessary:
Provided that the teachers may be engaged on contract basis for
a period not exceeding one year in special circumstances when there is
acute need for the permission of any regulatory body. Minimum
qualifications and experience shall be such as prescribed as per the
guidelines of the Government.
(2) The appointment of every such teacher not being an
appointment under sub-section (3), shall in the first instance be on
probation for one year which may be extended by the Executive Council
for a period not exceeding one year:
Provided that no order of termination of service during or on the
expiry of the period of probation shall be passed in the case of a teacher
of the University, except by the order of the Executive Council made after
considering the report of the Vice-Chancellor and (unless the teacher is
himself the head of the department), the head of the department
concerned:
Provided further that no such order of termination shall be
passed except after notice to the teacher concerned giving him an
opportunity of explanation in respect of the grounds on which his
services are proposed to be terminated:
Provided also that if a notice is given before the expiry of the
period of probation or the extended period of probation, as the case may
be, the period of probation shall stand extended until the final order of
the Executive Council under the first proviso.
(3) Where any teacher is appointed (after reference to a Selection
Committee) to a temporary post likely to last for more than six months,
and such post is subsequently converted into a permanent post, or a
permanent post in a vacancy caused by the grant of leave to an
incumbent for a period exceeding ten months and such post
subsequently becomes permanently vacant or any post of same cadre
and grade is newly created or falls vacant in the same department, then
unless the Executive Council decides to terminate his services after
giving an opportunity to show cause, it may appoint such teacher in a
substantive capacity to the post without reference to a Selection
Committee:
Provided that this clause shall not apply unless the teacher
concerned holds the prescribed qualification for the post at the time of
such substantive appointment and he has served continuously for a
period of not less than one year after his appointment made after
reference to a selection committee:
Autonomous
Colleges
Appointment of
Teachers
[The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018]
19
Provided further that appointment in a substantive capacity
under this clause of a teacher who had served before such appointment
continuously for a period of less than two years, shall be on probation
for one year which may be extended for a period not exceeding one year
and the provisions of sub-section (2) shall apply accordingly.
(4) The Selection Committee for the appointment of a teacher
in the University shall consist of-
(i) the Vice-Chancellor, who shall be the Chairperson
thereof;
(ii) the Head of the Department concerned:
Provided that the Head of the Department shall not sit in the
Selection Committee when he is himself a candidate for appointment or
when the post concerned is of a higher rank than his sustentative post
and in that event his office shall be filled by the senior most professor
in the Department and if there is no Professor by the Dean of the
Faculty:
Provided further that where the Chancellor is satisfied that in
the special circumstances of the case a Selection Committee cannot be
constituted in accordance with the preceding proviso, he may direct the
constitution of the Selection Committee in such manner as he thinks fit.
(iii) in the case of a Professor or an Associate Professor, three
experts, and in any other case, two experts to be nominated by
the Chancellor.
(5) (a) A panel of six or more experts in each subject of study
shall be drawn up by the Chancellor after consulting the
corresponding faculty in Indian University or such academic bodies or
research institutions in or outside Uttar Pradesh as the Chancellor
may consider necessary. Every expert to be nominated by the
Chancellor under sub-section (4) shall be a person whose name is
borne on such panel.
(b) A panel referred to in clause (a) shall be revised after every
three years.
Explanation I: For the purposes of this sub-section a branch of
subject in which a separate course of study is prescribed for a
postgraduate degree shall be deemed to be a separate subject of study.
Explanation II: Where the post of teacher to be selected is
common to more than one subject of study the expert may belong to
either of such subject of study.
(a) The Chancellor may intimate in a specified order, a large
number of names of experts than required under sub-section (4) for
serving as his nominees on the Selection Committee in such case on
any person whose name appears higher in the specified order not being
available for a meeting of the Selection Committee, a person whose
name appears nearest lower in the specified order shall be requested to
serve on the Committee.
(6) No recommendation made by a Selection Committee referred
to in sub-section (4) shall be considered to be valid unless one of the
experts has agreed to such selection.
(7) Subject to the provisions of sub-section (6), the majority of the
total membership of any Selection Committee shall form the quorum of
such Committee:
Provided that the case of a Professor or an Associate Professor
the persons present to form the quorum must include at least two
expert.
[The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018]
20
(8) It shall be open to the Selection Committee to recommend one
or more but not more than three names for each post.
(9) In the case of appointment of a teacher if the Executive
Council does not agree with the recommendation made by the Selection
Committee, the Executive Council shall refer the matter to the
Chancellor along with the reasons of such disagreement and his decision
shall be final:
Provided that if the Executive Council does not take a decision on
the recommendations of the Selection Committee within a period of four
months from the date of the meeting of such Committee, then also the
matter shall stand referred to the Chancellor and his decision shall be
final.
(10) The disqualification of members of Selection Committee for
appointment of teacher on the ground of interest for participating in the
deliberations of such Committee and other matters relating to
appointment of such teachers shall be prescribed by the Statutes.
(11) No selection for any appointment under this section shall be
made except after advertisement of the vacancy in at least three issues of
two newspapers having adequate circulation in Uttar Pradesh.
32. (1) Notwithstanding anything to the contrary contained in
any other provision of this Act, an Assistant Professor substantively
appointed or an Associate Professor substantively appointed or promoted
under this section in the University, who has put in such length of
service and possesses such qualification as may be prescribed, may be
given personal promotion respectively to the post of Associate Professor
or Professor.
(2) The promotion under sub-section (1) shall be given on the
recommendation of the Selection Committee constituted under sub-
section (4) of section 31 in such manner and subject to such conditions
as may be prescribed.
33. (1) Except as otherwise provided by Statutes, no teacher of
the University and affiliated Colleges shall be appointed except under a
written contract which shall be consistent with the provisions of this
Act, the Statutes and Ordinances.
(2) The original contract shall be lodged with the Registrar and a
copy thereof shall be furnished to the officer or teacher concerned.
(3) Notwithstanding anything to the contrary contained in any
contract or other instrument, no teacher of the University shall have
right of private practice except to such extent if any and subject to such
conditions and restrictions as the Government may by general or special
order specify.
34. The University shall constitute for the benefit of its officers
teachers and other employees, in such manner and subject to such
conditions as may be specified by general or special order by the
Government such pension schemes, insurance or provident fund, as it
may deem fit including a fund from which such teachers or their heirs,
as the case may be, shall be, paid pension or gratuity in the event of
their incurring disability wound or death in connection with the
discharge of their duties under the Uttar Pradesh University
(Provisions Regarding Conduct of Examination) Act, 1965.
Contract of
appointment
of teachers of
the University
Promotion to the
Post of Associate
Professor and
Professor
Contract of
appointment of
teachers of the
University
Pensions,
Provident Fund,
etc.
[The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018]
21
35. (1) The conditions regarding payment of remuneration to the
teachers for any duties performed in connection with any
examination conducted by an Indian University or anybody other
than Public Service Commission shall be such as may be prescribed.
(2) No teacher shall at any time hold more than one remunerative
office carrying duties other than teaching or duties connected with
examination.
Explanation: The words ‘remunerative offices’ include the
offices of Provost, Warden or Superintendent of a Hostel, Proctor,
Games Superintendent and Librarian.
36. (1) Any dispute arising out of a contract of appointment
referred to in section 33 shall be referred to a Tribunal of Arbitration
which shall consist of one member nominated by the Executive Council,
one member nominated by the officer or teacher concerned and one
member (who shall act as convener) nominated by the Chancellor.
(2) If for any reason, a vacancy occurs in the office of a member
of the Tribunal, the appropriate person or body concerned shall
nominate another person in accordance with provisions of sub-section
(1) to fill the vacancy and the proceedings may be continued before the
Tribunal from the stage at which the vacancy is filled.
(3) The decision of the Tribunal shall be final and binding on the
parties and shall not be questioned in any court.
(4) The tribunal of Arbitration shall have the powers-
(a) to regulate its own procedure;
(b) to order re-instatement of the officer or teacher
concerned; and
(c) to award salary to the officer or teacher concerned after
deducting there from such income which such officer or teacher
might have otherwise derived during his suspension, removal,
dismissal or termination from service.
(5) Nothing contained in any law for the time being in force
relating to arbitration shall apply to arbitration under this section.
(6) No suit or proceedings shall lie in any court in respect of any
matter which is required by sub-section (1) to be referred to the Tribunal
of Arbitration:
Provided that every decision of the Tribunal referred to in sub-
section (3) shall be executable by the lowest court having territorial
jurisdiction as if it were a decree of that court.
CHAPTER- VII
RECRUITMENT AND SERVICE CONDITIONS OF NON-TEACHING STAFF OF THE
UNIVERSITY
37. (1) The direct recruitment and promotion on different posts in
different services shall be made by the respective appointing authority on
the recommendations of the Recruitment Board or the Promotion
Committees as prescribed in the Statutes.
(2) The strength of the services and each category of posts therein
shall be such as may be determined by the Executive Council and
approved by the Government from time to time.
(3) The determination of age and the length of service or
experience shall be counted as on the July 1 of that recruitment year,
which starts from 1st July of every year.
Limits of
additional
remunerative
work permissible
to teachers
Tribunal of
Arbitration
Service
conditions of
Non-teaching
Staff
[The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018]
22
(4) For Direct Recruitment or Promotion on different posts etc.,
age, minimum qualification, experience, reservation and other conditions
of services shall be such as may be prescribed.
(5) Employees may be outsourced as per the directions of the
Government against the vacant sanctioned posts.
CHAPTER-VIII
STATUTES, ORDINANCES AND REGULATIONS
38. Subject to the provisions of this Act, the Statutes may
provide for any matter relating to the University and shall, in particular,
provided for:
(a) the constitution, powers and duties of the authorities of
the University;
(b) the nomination, appointment and term of office of the
members of the authorities of the University and the filling in of
vacancies in their membership and all other matters relating to
these authorities for which it may be necessary to provide;
(c) the powers and duties of the officers of the University;
(d) the classification and recruitment (including minimum
qualification and experience) of Principals, and other teachers of
the University and of affiliated colleges, the maintenance by them
of their annual academic progress report, the rules of conduct to
be observed by them and their emoluments and other conditions
of service (including provisions relating to compulsory
retirement);
(e) the recruitment (including minimum qualifications and
experience) and their emoluments and other conditions of service
(including provisions relating to compulsory retirement) of
persons appointed to other posts under the University;
(f) the constitution of a new pension scheme or provident
fund or the establishment of an insurance scheme for the
benefit of officers, teachers and other employees of the University;
(g) the institution of degrees other academic distinctions;
(h) the conferment of honorary degrees;
(i) the withdrawal of degrees and other academic
distinctions;
(j) the establishment, amalgamation, abolition and
reorganization of Faculties;
(k) the establishment of departments of teaching in the
Faculties;
(l) the establishment, abolition and reorganization of
hostels maintained by the University;
(m) the number, minimum qualification, experience, the
emoluments and other conditions of services including the age of
retirement and provisions relating to compulsory retirement of
salaried employees (not being teachers) of the University or an
affiliated college and the preparation and maintenance of record
of their service;
(n) the institution of scholarship, fellowships, studentships,
medals and prizes;
(o) the holding of convocation, if any;
Statutes
[The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018]
23
(p) the conditions under which colleges and other
institutions may be admitted to the privileges of affiliation by the
University and the conditions under which any such privilege
may be withdrawn;
(q) the recognition of the Management of any affiliated
college; and
(r) all other matters which by this Act are to be or may be
provided for by the Statutes.
39.(1) The first Statutes of the University shall be made by the
Government by notification.
(2) The Executive Council may make new or additional statutes
or may amend or repeal the statutes referred to in sub-section (1).
(3) The Executive Council shall not propose the draft of any
statutes affecting the status, power or constitutions of any authority of
the University until such authority has been given an opportunity of
expressing its opinion upon the proposal and any opinion so expressed
shall be in writing and shall be submitted to the Chancellor.
(4) Every new statutes or addition to a statutes or any
amendment or repeal of Statutes shall be submitted to the Chancellor
who may assent to it or withhold his assent therefrom or remit it to the
Executive Council for further consideration.
(5) Any statutes passed by the Executive Council shall have effect
from the date it is assented to by the Chancellor or from such later date
as may be specified by him.
(6) Notwithstanding anything to the contrary contained in the
forgoing sub-section the Government may in order to implement any
decision taken by it in the interest of learning, teachers, students or
other staff or on the basis of any suggestion or recommendation of the
University Grants Commissions or other Central Regulatory Authority
or the State or National Education Policy with regard to the Executive
Council to make new or additional Statutes or amend or repeal the
Statutes referred to in sub-section (1) within a specified time and if the
Executive Council fails to comply with such requirement of the
Government may with the assent of the Chancellor make new or
additional statutes or amend or repeal the statutes referred to in sub-
section (1).
(7) The Executive Council shall have no power to amend or
repeal the Statutes made by the Government under sub-section (6) or to
make new or additional statutes inconsistent with such Statutes.
40. (1) Subject to the provisions of this Act and the Statutes
made thereunder, the Ordinances may provide for any matter which
by this Act or the Statutes is to be or may be provided for by the
Ordinances.
(2) Without prejudice to the generality of the provisions of sub-
section (1), the Ordinances shall provide for the following matters,
namely:–
(a) the admission of students to the University and their
enrolment and continuance as such;
(b) the courses of study to be laid down for all degrees and
other academic distinctions of the University;
Statutes how
made
Ordinances
[The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018]
24
(c) the conditions under which students shall be admitted to
the examinations and degrees of the University and shall be
eligible for the award of such degrees;
(d) the conditions of award of scholarships, fellowships,
studentships, bursaries, medals and prizes;
(e) the conditions of residence of students at the University
and the management of hostels maintained by the University;
(f) the recognition and management of hostels not
maintained by the University;
(g) the maintenance of discipline among the students of the
University and the punishment including suspension, expulsion
or restrictions for breach of discipline or for any violent or
indecent ragging of fresh students by their seniors;
(h) the fees which may be charged by the University or by an affiliated
college for any purpose;
(i) the conditions and mode of appointment and the duties of
examining bodies examiners, moderators, invigilators and
tabulators;
(j) the conduct of examinations;
(k) the remuneration and allowances including traveling and daily
allowances to be paid to persons employed on the business of the
University; and
(l) all other matters which by this Act or the Statutes are to be or may
be provided for by the Ordinances.
41. (1) The Ordinances shall be made by the Executive Council
and shall be submitted to the Chancellor for his approval.
(2) The Executive Council may from time to time make new or
additional Ordinances or may amend or repeal the Ordinances referred
to in sub-section (1):
Provided that no ordinances shall be made:–
( a) affecting the admission of students or prescribing
examinations to be recognized as equivalent to the University
examinations or the further qualifications mentioned in sub-
section (1) of section 25 for admission to the degree courses of
the University unless a draft of the same has been proposed by
the Academic Council, or
( b) affecting the conditions and mode of appointment and
duties of examiners and the conduct or standard of examinations
or any course of study except in accordance with a proposal of
the Faculty concerned and unless a draft of such Ordinance has
been proposed by the Academic Council, or
( c) affecting the number, qualifications and emoluments of
teachers of the University or the income or expenditure of the
University unless a draft of the same has been approved by the
Government.
(3) The Executive Council shall not have power to amend any
draft proposed by the Academic Council under sub-section (2) but may
reject it or return to the Academic Council for reconsideration either in
whole or in part together with any amendments which the Executive
Council may suggest.
Ordinances how
made
[The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018]
25
(4) All ordinances made by the Executive Council shall have
effect from such date as it may direct and shall be submitted as soon as
may be to the Chancellor.
(5) The Chancellor may at any time signify to the Executive
Council his disallowance of such Ordinances other than those referred
to in clause (c) of the proviso to sub-section (2) and from the date of
receipt by the Executive Council of intimation of such disallowance,
such ordinances shall become void.
(6) The Chancellor may direct that the operation of any
ordinance other than those referred to in clause (c) of the proviso to
sub-section (2) shall be suspended until he has an opportunity of
exercising his power of disallowance. An order of suspension under this
sub-section shall cease to have effect on the expiration of one month
from the date of such order.
42. (1) Subject to the provisions of this Act, the Statutes and the
Ordinances, an authority or other body of the University may make
regulations-
(a) laying down the procedure to be followed at its meeting
and the number of members required to from the quorum;
(b) providing for all matters which by this Act, the Statutes or
the Ordinance are to be provided by regulations; and
(c) providing for any other matter solely concerning such
authority or body and not provided for by this Act, the Statutes
and the Ordinances.
(2) The regulations made by any authority or other body of the
University shall provide for the giving of notice to its members of the
dates of meetings and the business to be transacted thereat and for
keeping of record of the proceeding of such meetings.
(3) The Executive Council may direct any authority or other body
of the University to cancel or to amend in such form as may be specified
in the directions, any regulation made by such authority or body and
such authority or body shall thereupon cancel or amend the regulation
accordingly.
(4) The Academic Council may subject to the provisions of the
Ordinances, make Regulations providing for the course of study for any
examination, degree or diploma of the University only after the Board of
Faculty concerned has proposed a draft of the same.
(5) The Academic Council shall not have power to amend or reject
any draft proposed by the Board of Faculty under sub-section (4) but
may return it to the Board for further consideration together with its own
suggestions.
CHAPTER- IX
ANNUAL REPORTS AND ACCOUNTS
43. The annual report of the University shall be prepared under
the direction of the Executive Council.
44. (1) The annual accounts and balance-sheet of the University
shall be prepared under the direction of the Executive Council and all
amounts accruing by the University from whatever source and all
amounts disbursed or paid shall be entered in the accounts maintained
by the University.
Regulations
Annual Report
Accounts and
Audit
[The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018]
26
(2) A copy of the annual accounts and the balance-sheet shall be
submitted to the Government which shall cause the same to be audited.
(3) The annual accounts and the balance-sheet audited shall be
printed and copies thereof shall together with copies of the audit report
be submitted by the Executive Council to the Government.
(4) The Executive Council shall also prepare, before such date as
may be prescribed, the budget for the ensuing year.
(5) Every item of new expenditure above such amounts, as may
be prescribed, which is proposed to be included in the budget shall be
referred by the Executive Council to the Finance Committee which may
make recommendations thereon.
(6) The Executive Council shall after considering the recommen-
dations, if any, of the Finance Committee approve the budget finally.
(7) It shall not be lawful for the Vice-Chancellor or the Executive
Council to incur any expenditure-
(a) either not sanctioned in the budget or in the case of funds
granted to the University, subsequent to the sanction of the budget, by
the Government or the Government of India or the University Grants
Commissions or any international organization or Foundation save in
accordance with the terms of such grant:
Provided that notwithstanding anything in sub-section (7) of
section 13, the Vice-Chancellor may in the case of fire, flood, excessive
rainfall or other sudden or unforeseen circumstances, incur non-
recurring expenditure not exceeding rupees one lakh not sanctioned in
the budget and he shall immediately inform the Government in respect
of all such expenditure.
(b) on any litigation in opposition to any order of the Chancellor
or of the Government purporting to be made under this Act.
45. (1) An officer specified in any of the clauses (b) to (h) of
section 10 shall be liable to surcharge for the loss, waste or
misapplication of any money or property of the University if such loss,
waste or misapplication is a direct consequence of his neglect or
misconduct.
(2) The procedure of surcharge and the manner of recovery of
the amount involved in such loss, waste or misapplications shall be such
as may be prescribed.
CHAPTER – X
MISCELLANEOUS
46. (1) Except as expressly provided by this Act or the Statutes
made thereunder, the officers of the University and members of
authorities of the University, shall so far as may be, chosen by methods
other than election.
(2) Where a provision is made in this Act or the Statutes for any
application by rotation or according to seniority or other qualification the
manner of rotation and determination of seniority and other qualification
shall be such as may be prescribed.
(3) Except as expressly provided by this Act, no officer or
employee of the University shall be eligible to seek election to any
authority or other body of the University.
Surcharge
Manner of
appointment of
officers and
members of
authorities
[The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018]
27
47. (1) Any casual vacancy among the members other than
ex-off icio 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 fills would have been a member.
(2) A person who is a member of any authority of the University
as a representative of another body, whether of the University or outside
shall retain his seat on such authority for only so long as he continues
to be the representative of such body.
48. (1) No act or proceeding of any authority or body or
committee of the University shall be invalid merely by reason of,–
(a) any vacancy or defect in the constitution thereof; or
(b) some person having taken part in the proceedings who was
not entitled to do so; or
(c) any defect in the nomination or appointment of a person
acting as member thereof; or
(d) any irregularity in its procedure not affecting the merits of
the case.
49. The Executive Council may by a two third majority of the
members present and voting remove any person from
membership of any authority or other body of the University upon
the ground that such person has been convicted of any offence involving
moral turpitude or upon the ground that he has been guilty of
scandalous conduct or had behaved in a manner unbecoming of a
member of the University and may upon the same ground withdraw from
any person any degree or certificate conferred or granted by the
University.
50. If any question arises 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 (including a question as to the validity of a Statute, Ordinance
or Regulation, not being a Statute or Ordinance made or approved by the
Government or by the Chancellor) is in conformity with this Act or the
Statutes or the Ordinances made thereunder, the matter shall be referred to
the Chancellor and the decision of the Chancellor thereon shall be final:
Provided that no reference under this section shall be made:
(a) more than three months after the date when the
question could have been raised for the first time;
(b) by any person other an authority or officer of the
University or a person aggrieved:
Provided further that the chancellor may in exceptional
circumstances:
(a) act suo moto or entertain a reference after the expiry of
the period mentioned in the preceding proviso;
(b) Where the matter referred relates to a dispute about the
election and the eligibility of the persons so elected is in doubt,
pass such orders of stay as he thinks just and expedient.
51.(1) 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
transactions therein recorded where the original thereof would, if
produced, have been admissible in evidence.
Filling of casual
vacancies
Proceeding not
to be invalidated
by vacancies,
etc.
Removal from
membership of
the University
Reference to the
Chancellor
Mode of proof
of University
record
[The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018]
28
(2) No officer or employee of the University shall in any
proceeding to which the University is not a party be required to produce
any document, register or other record of the University, the contents of
which can be proved under sub-section (1) by a certified copy or to
appear as a witness to prove the matters and transactions recorded
therein unless by order of the court made for special cause.
52. The Vice-Chancellor, Registrar, Finance Officer and other
employees of the University shall be deemed, when acting or purporting
to act in pursuance of any of the provisions of this Act, to be public
servants within the meaning of section 21 of the Indian Penal Code.
53. No suit or other legal proceeding shall lie against the
Government or the University or any officer or authority or body thereof
in respect of anything done or purported or intended to be done in
pursuance of the Act, the Statutes or the Ordinances made thereunder.
CHAPTER – XI
TRANSITORY PROVISION
54. (1) Every authority of the University shall, as soon as may be,
after the commencement of this Act, be constituted in accordance with
the provisions of this Act,
(2) Until any authority of the University is constituted under sub-
section (1), the Government may, by order, direct that by whom and in
what manner the powers, duties and functions exercisable or
dischargeable under this Act by any authority of University other than
the Executive Council shall be exercised or discharged.
55. The enactments specified in column 2 of the Schedule are
hereby amended to the extent mentioned in the column 3 thereof.
56. (1) The Government, may for the purposes of removing any
difficulties, direct that the provisions of this Act shall during such period
as may be specified in the order have effect subject to such adaptations
whether by way of modification, addition or omission, as it may deem
necessary or expedient:
Provided that no such order shall be made after two years from
the date of commencement of this Act.
(2) Every order made under sub-section (1) shall be laid before
both the Houses of the State Legislature, as soon as may be, after it is
made.
(3) No order made under sub-section (1) shall be called in
questions in any court on the ground that no difficulty as is referred to
in that subsection existed or was required to be removed.
———
Officers and
employees to be
public servants
Bar of Suit
Constitution of
authority
Amendment of
certain Acts
Power to remove
difficulties
[The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018]
29
SCHEDULE
(See Section 55)
S. No Name of the Enactment Extent of Amendments
(1) (2) (3)
1 The Uttar Pradesh State Universities
Act, 1973 (President’s Act, 10 of
1973 as amended & re-enacted by
UP Act No. 29 of 1974)
(1) In section 2, for clause (2), the
following clause shall be
substituted, namely:
“(2) ‘Affiliated College’ means an
institution, not being an
institutions related to medical and
allied sciences, affiliated to the
University in accordance with the
provisions of this Act and Statutes
to that University;”
(2) In section 5, sub-section (6) shall
be omitted.
2 The King George’s Medical
University, Uttar Pradesh Act, 2002
(UP Act No. 8 of 2002)
In section 11, clause (XVIII) shall be
omitted.
3 Dr. Shakuntala Misra National Re-
Habilitation University Act, 2009 (UP
Act No. 1 of 2009)
In section 5, clause (ii) for the words
“to affiliate such colleges & other
institutions of the State”, the words
“to affiliate such colleges & other
institutions, not being the college and
institutions imparting teaching and
training in medical and allied sciences
in the State” shall be substituted.
4 The Uttar Pradesh University of
Medical Sciences, Saifai, Etawah Act
2015, (UP Act No. 15 of 2016)
In section 6, clause (q) shall be
omitted.
[The Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018]
30
STATEMENT OF OBJECTS AND REASONS
In order to commemorate the memory of the Ex. Prime Minister Late Sri Atal
Bihari Vajpayee, it has been decided to establish a State Medical University at Lucknow
in Uttar Pradesh by the name of Atal Bihari Vajpayee Medical University, Uttar
Pradesh.
2. The main features of the Bill are mentioned below,-
(a) the main objects of the University shall be to disseminate and advance
knowledge in medicine, dental sciences, nursing, para-medical and other
desciplines;
(b) to empower the University,-
(i) to affiliate Government as well as privately managed institutions and
conduct examinations thereto and to abolish the power of affiliation by
amending the Acts of certain other Universities of the State;
(ii) to adminster, manage and control the hospitals, diagnostic centres
and blood banks;
(iii) to facilitate research in traditional and innovative areas;
(iv) to establish a centre for imparting training to teachers and other
technical and para-medical aspirants; and
(c) the functions of the University inter alia shall be to implement various
schemes of Union, State and other agencies.
3. The Atal Bihari Vajpayee Medical University, Uttar Pradesh Bill, 2018 is
introduced accordingly.
About this act
- Jurisdiction
- Uttar Pradesh
- Enactment date
- 2018-12-22
- Sections available
- 56
Read the sections
1Short title, extent and commencement→2Definitions→3Incorporation of the University→4First appointment of Vice-Chancellor and staff→5Objects of the University→6Powers and duties of the University→7Jurisdiction and admission to privileges→8University open to all castes and creeds→9Visitation→10Officers of the University→11The Chancellor→12The Vice-Chancellor .→13Powers and Duties of the Vice-Chancellor→14The Pro-Vice-Chancellor→15The Registrar→16The Finance Officer→17The Controller of Examination→18Other Officers→19Authorities of the University→20Constitution of the Executive Council→21Power and duties of Executive Council→22Academic Council→23The Finance Committee→24The Faculties→25Admission Committee→26Examination Committee→27Other Authorities→28Affiliated Colleges→29Constituent Colleges→30Autonomous Colleges→31Appointment of Teachers→32Promotion to the Post of Associate Professor and Professor→33Contract of appointment of teachers of the University→34Pensions, Provident Fund etc→35Limits of additional remunerative work permissible to teachers→36Tribunal of Arbitration→37Service conditions of Non-teaching Staf→38Statutes→39Statutes how made.→40Ordinances→41Ordinances how made→42Regulations→43Annual Report→44Accounts and Audit→45Surcharge→46Manner of appointment of officers and members of authorities→47Filling of casual vacancies→48Proceeding not to be invalidated by vacancies, etc.→49Removal from membership of the University→50Reference to the Chancellor→51Mode of proof of University record→52Officers and employees to be public servants→53Bar of Suit.→54Constitution of authority→55Amendment of certain Acts→56Power to remove difficulties→
Schedules
India Code, Government of India. Text fetched 11 Oct 2026. Source metadata reports last modification: 2025-04-21. Check the linked official text and subsequent notifications when applying a provision.