NYAYA SIGNAL
Uttarakhand · 2000 · Bare Act
the Uttar Pradesh Technical University Act, 2000
305
THE UTTAR PRADESH TECHNICAL UNIVERSITY ACT, 2000
[U.P. Act No. 23 of 2000]
(As passed by the Uttar Pradesh Legislature)
AN
ACT
to provide for the establishment of a Technical University in Uttar Pradesh for the
advancement and development of technical education and for matters connected therewith
of incidental thereto.
IT IS HEREBY enacted in the Fifty-first Year of the Republic of India as follows:--
Chapter I
Preliminary
Short title 1- This Act may be celled the Uttar Pradesh Technical University Act, 2000.
Definitions 2- In this Act, unless the context otherwise requires,-
(a) "College" means a college or an institution affiliated to the University in
accordance with this Act and the Regulations;
(b) 'Existing college" means a college or an institution which imparts
technical education and is run and maintained by a University established by or
under the Uttar Pradesh State Universities Act, 1973 and includes a Faculty of such
University imparting technical education;
(c) "other backward classes of citizens" means the backward classes of
Citizens specified in Schedule I of Uttar Pradesh Public Services (Reservation for
Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994;
(d) "prescribed" means prescribed by the Regulations;
(e) "Principal" means the head of the college by whatever name called, and
includes where there is no Principal, a person for the time being duly appointed, to
act as Principal and in the absence of the Principal or the acting Principal, the
Vice-Principal duly appointed as such;
(f) "Regulations" means the Regulations of the University made under this
Act;
(g) "technical education" means programmes of education, research and
training in Engineering, Technology, Architecture, Management, Town Planning,
Pharmacy and Applied Arts and Crafts and such other programmes or areas as the
Central Government may in consultation with the All India Council for Technical
Education, by notification in the Gazette declare;
(h) "University" means the Uttar Pradesh Technical University established
under section 3.
CHAPTER-II
The University
Establishment
and incorpo-
ration of the
University
3- (1) There shall be established at Lucknow University by the name of the
Uttar Pradesh Technical University.
306
[The Uttar Pradesh Technical University Act, 2000] [Section 4-6]
(2) 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 the Uttar Pradesh
Technical University.
Territorial
Exercise of
powers
4- (1) The University shall, in the exercise of its powers under this Act, have
jurisdiction over the whole of Uttar Pradesh.
(2) Every college or institution other than an existing college, imparting
technical education in the State on the date of the commencement of this Act shall,
with effect from such date as may be notified in this behalf by the State
Government, be deemed to be affiliated to the University established under section
3 and shall cease to be affiliated to, or associated with the University established
by or under the Uttar Pradesh State Universities Act, 1973, hereinafter referred to
in this section as erstwhile University:
Provided that a student pursuing his study in technical education in any
college or institution, other than existing College on the date of such
commencement, shall be entitled and be allowed to continue and complete such
study under the erstwhile University after such commencement and the erstwhile
University shall hold examination of such student and confer degree or any other
academic distinction on him in accordance with the procedure inforce for the time
being in the erstwhile University.
University
open to all
classes and
creed
5- The University shall be open to all persons irrespective of class or creed:
Provided that nothing in this section shall be deemed to require the
University to admit to any course of study a larger number of students than may be
determined by the Regulations :
Provided further that nothing in this section shall be deemed to prevent the
University for making special provision for admission of students belonging to the
Scheduled Castes, the Scheduled Tribes or Other Backward Classes of citizens:
Provided also that the University may maintain any college exclusively for
women.
Powers and
duties of the
University
6- The University shall have the following powers and duties, namely :-
(a) to provide and upgrade education, training and research in technical
education and to create entrepreneurship and a conducive environment for pursuit
of the technical education in close co-operation with industries;
(b) to admit any college to privileges of affiliation or to enlarge the privileges
of any college already affiliated, or to withdraw or curtail any such privilege and to
guide and control the work of such colleges ;
(c) to institute and confer degree or other academic distinctions:
(d) to hold examinations for, and to grant and confer degrees or other
academic distinctions to, and on, persons, who--
(i) have pursued a course of study in a college; or
(ii) have carried on research in a college recognized in that behalf by the
University, under conditions laid down in the Regulations;
307
[The Uttar Pradesh Technical University Act, 2000] [Section 7-8]
(e) to confer honorary degree or other academic distinction in the manner and
under conditions laid down in the Regulations;
(f) to institute and award fellowships, scholarships, studentships, exhibitions
and prizes in accordance with the Regulations;
(g) to demand and receive such fees and other charges as may be fixed by the
Regulations;
(h) to make provisions for the advancement of technical education amongst
classes and communities which are educationally backward:
(i) to make provisions for,-
(i) the maintenance of National Cadet Corps or other similar
organizations;
(ii) physical and military training; and
(iii) sports and athletic clubs;
(j) to make appointments of officers and other employees of the University to
the posts created by the State Government;
(k) to receive gifts, grants, donations or benefactions from the State
Government or the Central Government and to receive bequests, donations or
transfers of movable or immovable property from testators, donors or transferors,
as the case may be, and to hold and manage the same;
(l) to lay down the conditions of affiliation of colleges and to satisfy itself by
periodical inspection that such conditions are satisfied;
(m) to co-operate or collaborate with other Universities and authorities in such
manner and for such purposes as the University may determine from time to time;
(n) to do all such other acts or things whether incidental to the powers
aforesaid or not, as may be necessary to further the objects of the University.
CHAPTER III
OFFICERS OF THE UNNERSITY
Officers of the
University
7- The following shall be the officers of the University-
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the Pro-Vice-Chancellor;
(d) the Finance Officer ;
(e) the Registrar ;
(f) the Controller of Examinations;
(g) such other officers of the University as may be declared by the
Regulations to be the officers of the University.
The
Chancellor
8- (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 an honorary degree shall be subject
to the confirmation of the Chancellor.
308
[The Uttar Pradesh Technical University Act, 2000] [Section 9]
(3) It shall be the duty 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 Regulations.
The Vice-
Chancellor
9- (1) The Vice-Chancellor shall be a whole-time salaried officer of the University
and shall be appointed by the Chancellor from amongst distinguished persons in
the field of technical education whose names are submitted to him by the
committee constituted in accordance with the provisions of sub-section (2) :
Provided that the first Vice-Chancellor shall be appointed by the State
Government.
(2) The committee referred to in sub-section (1) shall consist of the following
members, namely :-
(a) Principal Secretary or Secretary, as the case may be, to the State
Government in the Technical Education Department who shall also be the
convener of the Committee ;
(b) One person nominated by the All India Council for Technical
Education ;
(c) One person nominated by the Chancellor.
(3) The Vice-chancellor shall hold office for a term of three years from the
date on which he enters upon his office.
(4) The emoluments and other conditions of service of the Vice-Chancellor
shall be such as may be determined by the State Government from time to time :
Provided that the emoluments and other conditions of service of a Vice
Chancellor shall not be varied to his disadvantage during the term of his office.
(5) Where the Vice-Chancellor is unable to discharge his functions owing to
absence, illness or any other cause, the Pro-Vice Chancellor shall discharge the
functions of the Vice-Chancellor until the Vice-Chancellor resumes his duties.
(6) If in the opinion of the Chancellor, the Vice-Chancellor wilfully 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 enquiry as he deems proper, by order, remove the Vice-
Chancellor.
(7) During the pendency or in contemplation, of any inquiry referred to in
subsection (6), the Chancellor may order that till further orders --
(a) such Vice-Chancellor shall refrain from performing the functions of
the office of Vice-Chancellor, but shall continue to get the emoluments to
which he was otherwise entitled;
(b) the functions of the office of the Vice-Chancellor shall be performed
by the person specified in the order.
309
[The Uttar Pradesh Technical University Act, 2000] [Section 10]
Power and
duties of the
Vice-
Chancellor
10- (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 and Colleges:
(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;
(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 due dates.
(2) The Vice-Chancellor shall be an ex-officio member and Chairman of the
Executive Council, 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) It shall be the duty of the Vice-Chancellor to ensure the faithful
observance of the provisions of this Act and Regulations and he shall, without
prejudice to the powers of the Chancellor possess all such powers as may be
necessary in that behalf.
(5) The Vice-Chancellor shall have the power to convene or cause to be
convened meetings of the Executive Council, the Academic Council and the
Finance Committee :
Provided that he may delegate such power to any other officer of the
University.
(6) Where any matter 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 that matter :
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 Regulations :
Provided further that if the officer, authority or other body is of opinion
that such action ought not to have been taken it may refer the matter to the
Chancellor who may either confirm the action taken by the Vice-Chancellor or
annul 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, 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:
310
[The Uttar Pradesh Technical University Act, 2000] [Section 11-12]
Provided also that any person in the service of the 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 Executive Council within three
months from 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) The Vice-Chancellor shall exercise such other powers as may be laid
down by the Regulations.
The Pro-Vice
Chancellor
11- (1) The Vice-Chancellor may, with the approval of the executive council
appoint a Pro-Vice-Chancellor from amongst the professors of the colleges.
(2) The Pro-Vice-Chancellor shall hold the office at the pleasure of the Vice
Chancellor.
(3) The Pro-Vice-Chancellor shall be entitled to such honorarium as may be
determined by the State Government from time to time.
(4) 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 meeting of the University in the absence of the
Vice-Chancellor and shall exercise such other powers and perform such duties as
may be assigned or delegated to him by the Vice-Chancellor.
The Finance
Officer
12- (1) There shall be a Finance Officer for the University, who shall be
appointed by the State Government by notification and his remuneration and
allowances shall be paid by the University.
(2) The Finance Officer shall be responsible for presenting the budget (annual
estimates) and the statement of the accounts to the Executive Council and also for
drawing and disbursing funds on behalf of the University.
(3) 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.
(4) The Finance Officer shall have the duty :-
(a) to ensure that no expenditure, not authorized in the budget, is incurred
by the University otherwise than by way of investment;
(b) to disallow proposed expenditure which may contravene the
provisions of this Act or the terms of any regulations;
(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.
311
[The Uttar Pradesh Technical University Act, 2000] [Section 13-14]
(5) The Finance Officer shall have access to and may require the production
of such records and documents or 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.
(6) All contracts shall be entered into and signed by the Finance Officer on
behalf of the University.
(7) Other powers and functions of the Finance Officer shall be such as may be
prescribed by the Regulations.
The Registrar 13- (1) The Registrar shall be a whole time officer of the University.
(2) The Registrar shall be appointed by the State Government on such terms
and conditions as may be prescribed.
(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 ex-officio Secretary of the
Executive Council and shall be bound to place before the Executive Council all
such information as may be necessary for transaction of its 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, be entitled to vote.
(5) The Registrar shall not be offered nor shall he accept any remuneration for
any work in the University save such as may be provided by the Regulations.
The Controller
of
Examination
14- (1) The Controller of Examination shall be a whole-time officer of the
University.
(2) The Controller of Examination shall be appointed by the State
Government by notification and his remuneration and allowances shall be paid by
the University.
(3) The Controller of Examination shall be responsible for the due custody of
the records pertaining to his work. He shall be ex-officio Secretary of the
Examinations Committee of the University and shall he bound to place before such
Committee all such information as may be necessary for transaction of its business.
He shall also perform such other duties as may be prescribed by the Regulations or
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. He may require, from
any college, the production of such return or the furnishing of such information as
may be necessary for the discharge of his duties.
(4) Subject to the superintendence of the Vice-Chancellor, 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 Examinations shall conduct the Examinations and make all other
arrangements therefor and be responsible for the due execution of all processes
connected therewith.
312
[The Uttar Pradesh Technical University Act, 2000] [Section 15-17]
(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 the
order of the State Government.
(7) While the Controller of Examinations is for any reason unable to act or the
office of Controller of Examinations 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 Examinations resumes his duties or, as the case may be, the vacancy
is filled.
Powers, duties,
terms and
conditions of
service of
other officers
15- Except as otherwise provided in this Act, the mode of appointment, terms and
conditions of service and the powers and duties of the officers of the University
other than the Chancellor, the Vice-Chancellor, the Finance Officer and the
Registrar shall be such as may be prescribed.
CHAPTER IV
Authorities of Universities
Authorities of
the University
16- The following shall be the Authorities of the University, namely:-
(a) the Executive Council;
(b) the Academic Council:
(c) the Finance Committee;
(d) the Examination Committee; and
(e) such other authorities as may be declared by the Regulations to be
Authorities of the University.
Constitution of
the Executive
Council
17- (1) The Executive Council shall consist of --
(a) the Vice-Chancellor, who shall be the Chairman thereof;
(b) the Pro- Vice-Chancellor, if any;
(c) the Vice-Chancellor, University of Roorkee;
(d) the Director, Indian Institute of Technology, Kanpur;
(e) Secretary to the State Government in the Technical Education
Department;
(f) Secretary to the State Government in the Finance Department;
(g) Chairman, All Indian Council for Technical Education or his nominee;
(h) Two reputed Industrialists nominated by the Chancellor on the
recommendation of the State Government;
(i) Two eminent technologists nominated by the Chancellor on the
recommendation of the State Government;
(j) Two Principals of colleges, by rotation, nominated by the State
Government;
(2) Notwithstanding anything in sub-section (1), no person shall be appointed
as a member of the Executive Council unless he is a graduate.
(3) The term of Office of members mentioned in clause (h), (i) and (j) shall be
two years.
313
[The Uttar Pradesh Technical University Act, 2000] [Section 18]
(4) A person shall be disqualified for being nominated as, and for being, a
member of the Executive Council if he, or his relative, accepts 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.
Explanation :- In this sub-section 'relative' means the relations defined in
section 6 of the Companies Act, 1956 and includes the wife’s (or husband’s)
brother, wife’s (or husband’s) father, wife’s (or husband’s) sister, brother’s son and
brother’s daughter.
Power and
duties of the
Executive
Council
18- (1) The Executive Council shall be the principal executive body of the
University and shall have the following powers; namely:-
(a) to supervise and control the affairs of the University;
(b) to hold and control the property and funds of the University;
(c) to recommend emoluments and terms and conditions of service of the
Vice-Chancellor;
(d) to approve academic programmes;
(e) to make, amend or repeal Regulations;
(f) to prepare the budget of the University;
(g) to administer any funds placed at the disposal of the University;
(h) to acquire or transfer any movable, immovable or intellectual property
of the University;
(i) to direct the form and use of the common seal of the University;
(j) to appoint such committees as may be required for the efficient
functioning of the University;
(k) to determine the emoluments and terms and conditions of service of
the staff of the University:
(l) to authorise operation of bank accounts of the University;
(m) to regulate and determine all other matter concerning the University
in accordance with this Act or the Regulations.
(2) Every meeting of the Executive Council shall be held on such date, time
and place as may be fixed by the Vice-Chancellor.
(3) The Members of the Executive Council shall be entitled to such allowance
as may be prescribed.
(4) No immovable property of the University shall, except with the prior
sanction of the State 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 State Government, or, with the
previous sanction of the State Government, from any other person.
314
[The Uttar Pradesh Technical University Act, 2000] [Section 19-20]
(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 may, subject to any conditions laid down in the
Regulations, 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.
Academic
Council
19- (1) The Academic Council shall be the principal academic body of the
University and shall, subject to the provisions of this Act and the Regulations, have
the control and general regulation of, and be responsible for the maintenance of
standard of instruction, education and examination in the University and shall
exercise such other powers and perform such other duties as may be conferred or
imposed upon it by the Regulations and may advise the Executive Council on all
academic matters.
(2) The Academic Council shall consist of the following persons; namely:-
(a) The Vice-Chancellor --- Chairman;
(b) The Pro-Vice-Chancellor --- Member ;
(c) Five such principals of colleges as are --- Member;
not members of the Executive Council
(d) One Head of the Department of the
University of Roorkee nominated --- Member;
by Vice-Chancellor of that University
(e) One Head of the Department of the --- Member;
Indian Institute of Technology, Kanpur
nominated by the Director of the said Institute.
(3) The term of office of the members referred to in clause (c) of sub-section
(2) shall be one year.
Finance
committee
20- (1) The Finance Committee shall consist of following members, namely:-
(a) The Vice-Chancellor -- Chairman;
(b) The Secretary to the State Government -- Member;
in the Finance Department.
(c) The Secretary to the State Government -- Member;
in the Technical Education Department
(d) Two members of the Executive Council -- Member;
nominated by the Vice Chancellor; and
(e) The Finance Officer. -- Member.
(2) The Finance Committee shall advise 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 limit of expenditure so
fixed and the limits so fixed shall be binding on the executive Council.
315
[The Uttar Pradesh Technical University Act, 2000] [Section 21-23]
(3) The Finance Committee shall have such other powers and duties as may
be conferred or imposed on it by this Act or the Regulations.
(4) Unless a proposal having financial implication has been recommended by
the Finance Committee, the Executive Council shall not take a decision thereon,
and if the Executive Council disagrees with the recommendation of the Finance
Committee, it shall refer the proposal back to the Finance Committee with reasons
for the disagreement and if the Executive Council again disagrees with the
recommendation of the Finance Committee the matter shall be referred to the
Chancellor whose decision thereon shall be final.
Examination
Committee
21- (1) There shall be an Examination Committee in the University, the
constitution of which shall be such as may be provided for in the Regulations.
(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 results of the University examinations
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 result of the University.
(3) The examination committee may appoint such number of sub-committee
as it thinks fit, and in particular, may delegate to any one or more persons or sub
committee, the power to deal with and decide cases relating to the use of unfair
means by the examinees.
(4) Notwithstanding anything contained in this Act it shall be lawful for the
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
subsection (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
examination.
(5) Subject to the provisions of this Act and the Regulations, the Examination
Committee may issue such directions as it considers necessary for the arrangement
for conduct of the examinations.
Other
Authorities
22- The Constitution, powers and duties of other authorities of the University
shall be such as may be prescribed.
CHAPTER-V
Affiliation
Affiliation of
Colleges
23- (1) This section shall apply to the colleges.
(2) This Executive Council may, with the previous sanction of the Chancellor,
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 on withdraw or curtail any such privilege.
316
[The Uttar Pradesh Technical University Act, 2000] [Section 24-25]
(3) It shall be lawful for a college to make arrangement with any other
college situated in the same local area, or with the University, for co-operation in
the work of teaching or research.
(4) Excepts as provided by this Act, the management of a 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.
(5) Every college shall furnish such reports, returns and other particulars as
the Executive Council or the Vice-Chancellor may call for.
(6) The Executive Council shall cause every college to be inspected from time
to time at intervals not exceeding five years by one or more persons authorised by
it in that behalf and a report of the inspection shall be made to the Executive
Council.
(7) The Executive Council may direct a college so inspected to take such
action as may appear to it to be necessary within such period as may be specified.
(8) The privileges of affiliation of a college which fails to comply with any
direction of this Executive Council under sub-section (7) or to fulfil 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 Regulations.
(9) Notwithstanding anything contained in sub-sections (2) and (8), if the
Management of any 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.
Disqualification
for member-
ship of
Management
24- A person shall be disqualified for being chosen as, and for being, a member of
the Management of a college (other than a college maintained 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 execution of any work for such college.
Explanation:-- The term "relative" shall have the meaning assigned to it in
the explanation to sub-section (4) of section 17.
Inspection and
inquiry
25- (1) The Slate Government shall have the right to cause an inspection to be
made by such person as it may direct, of any college, including its building,
laboratories and equipments thereof and also of the examinations, teaching and
other work conducted or done by it, or cause an inquiry to be made in respect of
any matter connected with the administration and finances of such college.
(2) Where the State Government decides to cause an inspection or inquiry to be
made under sub-section (1), it shall inform 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 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 inspection or inquiry.
317
[The Uttar Pradesh Technical University Act, 2000] [Section 26-28]
(3) The person or persons appointed to inspect or inquire under sub-section (1)
shall have all the powers of a civil court while trying a suit under the Code of the
Civil Procedure, 1908, for the purpose of taking evidence on oath and of enforcing
the attendance of witnesses 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 any proceedings before him
or them shall be deemed to be judicial proceedings within the meaning of sections
193 and 228 of the Indian Penal Code.
(4) The State Government may communicate to the Management 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 forthwith 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 then 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 authorities do not, within a reasonable time, take action to
the satisfaction of the State Government, the State Government may, after
considering an explanation which the University authorities may furnish, issue
such directions as it may think fit, and the University authorities shall be bound to
comply with such directions.
(8) The State Government may, at any time, call for any information from the
Management or Principal of college in connection with such inspection or inquiry.
Institute
26- The University, with the prior approval of State Government may establish one
or more institutes to organize and conduct teaching and research in any subject.
Bar of
charging any
donation etc.
for admission
to a college
27- No person connected with the Management of a college and no principal or
other teacher or employee thereof shall directly or indirectly take or receive or
cause to be taken or received any contribution, donation, fees or any other payment
of any sort, either in cash of in kind, except the fees at the rates laid down in the
Regulations from or on behalf of any pupil as a condition for granting him
admission to or permitting him after such admission to continue in such college.
Contribution
and donation
to college
28- Where a contribution or donation, either in cash or in kind, is taken or received
by any college including a college maintained exclusively by the State
Government or a local authority, the contribution or donation so received shall be,
utilized only for the purpose for which it was given to it and in the case of a
college maintained exclusively by the State Government any cash contribution or
donation shall be credited to the personal ledger account of such institution which
shall be operated in accordance with the general or special orders of the State
Government.
318
[The Uttar Pradesh Technical University Act, 2000] [Section 29-30]
CHAPTER VI
Regulations
Regulations
how made
29- (1) The First Regulations of the University shall be made by the State
Government by notification.
(2) The Executive Council may, from time to time, make new or additional
Regulations or may amend or repeal the Regulations referred to in sub-section (1):
Provided that the Executive Council shall not make, amend or repeal any
Regulation affecting the status, power or constitution of any authority of the
University, until such authority has been given a reasonable opportunity to express
its opinion in writing on the proposed changes and any opinion so expressed has
been considered by the Executive Council.
(3) Notwithstanding anything contained in the foregoing sub-sections, the State
Government may in order to implement any decision taken by it in the interest of
learning, teaching or research on the basis of any suggestion or recommendation of
the University Grams Commission or All India Council for Technical Education or
the State or National Education Policy require the Executive Council to make new
or additional Regulations or amend or repeal the Regulations referred to in sub-
section (1) or sub-section (2) within a specified time and if the Executive Council
fails to comply with such requirement the State Government may make new or
additional Regulations or amend or repeal the Regulations referred to in sub-
section (1) or sub-section (2).
Regulations 30- Subject to the other provisions of this Act the Regulations may provide for
any matters relating to the University and shall in particular, provide for-
(a) the appointment, powers and duties of the officers of the University;
(b) the constitution of Pension or Provident Fund and the establishment of an
insurance scheme for the benefit of the officers and other employees of the
University;
(c) the conferment of honorary degrees;
(d) the withdrawal of degrees and other academic distinctions;
(e) the conditions under which colleges may be admitted to the privileges of
affiliation by the University and the conditions under which any such privilege
may be withdrawn ;
(f) the degrees and other academic distinctions to be awarded by the
University, the qualification for the same and the amounts to be taken relating to
the granting and obtaining of the same;
(g) the fees to be charged tor courses of the study in the University and for
admission to the examination, degrees and other academic distinctions of the
University;
(h) the conditions of the award fellowships, scholarships, studentships, medals
and prizes;
(i) the conduct of examinations including terms of office and manner of
appointment and duties or examining bodies, examiners and moderators;
319
[The Uttar Pradesh Technical University Act, 2000] [Section 31-33]
(j) the power to remove officers (excluding Chancellor) and employees of the
University and their emoluments and terms and conditions of service;
(k) all other matters which by this Act are to be or may be provided for by the
Regulations.
CHAPTER VII
Annual Reports and Accounts
Annual Report
31- (1) The Annual Report of the University shall be prepared under the direction
of the Executive Council which shall include, among other matters, the steps taken
by the University towards the fulfilment of its objects.
(2) The annual report so prepared shall be submitted to the Chancellor on or
before such date as may be prescribed.
(3) A copy of annual report, prepared under sub-section (1) shall also be
submitted to the State Government.
Accounts and
audit
32- (1) The annual accounts and balance sheet or the University shall be prepared
under the direction of the Executive Council and shall, once at least every year,
and at intervals of not more than fifteen months, be audited by the Director, Local
Fund Accounts, Uttar Pradesh or by such person or persons as the State
Government may authorise 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 thirtieth of September's
every year.
(3) Any observation made by the State Government be on the annual accounts
shall be brought to the notice or the Executive Council and the views of the
Executive Council, if any, on such observations shall be submitted to the State
Government.
Surcharge
33- (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 special audit of the
University being done by the Director, Local Fund Accounts, Uttar Pradesh or by
any officer subordinate to him.
(2) On receiving special audit report, the State Government 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 (1), has occurred, calling
upon him to explain 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 arrears or in such other manner as may be directed
by the State Government.
320
[The Uttar Pradesh Technical University Act, 2000] [Section 34-38]
CHAPTER - VIII
Miscellaneous
Manner of
appointment of
officers and
members of
authorities
34- (1) Except as expressly provided by this Act, or the Regulations, officers of
the University and members of authorities of the University shall so far as may be,
be chosen by methods other than election.
(2) Where a provision is made in this Act or the Regulation for any
appointment by rotation or according to seniority or other qualifications the
manner of rotation and determination of seniority and other qualifications shall be
such as may be prescribed.
Filling of
casual
vacancies
35- (1) Any casual vacancy among the members, other than ex-officio members,
of any authority or body of the University shall be filled in the same manner in
which the member whose vacancy is to be filled up was chosen, and the person
filling the vacancy shall be a member of such authority or body for the residue of
the term for which the person whose place he tills would have been a member.
(2) A person who is a member of an authority of the University as a
representative of another body, whether of the University or outside, shall retain
his seat on such authority for so long as he continues to be the representative of
such body.
Proceeding not
to be
invalidated by
vacancy, etc.
36- 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 election, nomination or appointment of a person
acting as member thereof; or
(d) Any irregularity in its procedure not affecting the merits of the case.
Removal from
membership of
the University
37- 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 an offence
which, in the opinion of the Executive Council, is an 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 grounds withdraw from any person any degree or certificate conferred or
granted by the University.
Reference to
the Chancellor
38- If any question arises whether any person has been duly elected or 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) as in conformity with this Act or
Regulations made thereunder, the matter shall be referred to the Chancellor and the
decision of the Chancellor thereon shall be final :
321
[The Uttar Pradesh Technical University Act, 2000] [Section 39-41]
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 than an authority or officer of the University or a
person aggrieved.
Bar of suit 39- No suit or other legal proceeding shall be 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.
Mode of Proof
of University
Record
40- (1) A copy of any receipt, application, notice, order, proceedings or a
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 by the Registrar, shall be received as prima 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 would, if
produced, have been admissible in evidence.
(2) No officer or servant 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.
Power to
remove
difficulties
41- (1) The State Government may for the purpose of the removing any difficulty
by notified order direct that the provision 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 deemed to be necessary or
expedient :
Provided that no such order shall be made after 31 December 2002.
(2) Every order made under sub-section (1) shall be laid before the both
houses of the State Legislature.
(3) No order under sub-section (1) shall be called in question in any court on
the ground that no difficulty as is referred to in sub-section (1), existed or required
to be removed.