U p act 030 of 2006 : Teprthanker Mahaveer University Uttar Pradesh Act, 2008

Section 1. Short title

1. Short title- This Act may be called the Teerthanker Mahaveer University, Uttar Pradesh Act, 2008.

Section 2. Definitions

2. Definitions- In this Act, unless the context otherwise requires,-

(a) "Academic Council" means the Academic Council of the University;

(b) "Board" means the Board of Studies and the Planning Board, or any other Board of the University;

(c) "Chancellor", "Vice-Chancellor" and "Pro-Vice-Chancellor" means respectively the Chancellor, the Vice-Chancellor and the Pro-Vice-Chancellor of the University;

(d) "Court" means the Court of the University;

(e) "Director/Principal" means the Head of an Institution, College, School, Polytechnic and Industrial Training Institute or the person appointed for the purpose to act as such in his absence;

(f) "Department" means a Department of Studies, and includes a Centre of Studies and Research;

(g) "Employee" means any person appointed by the University, and includes a teacher or any other member of the staff of the University;

(h) "Executive Council" means the Executive Council of the University;

(i) "Faculty" means a Faculty of the University;

(j) "Hostel" means Scholars/Students Hostel of the University;

(k) "Institution" means an Academic Institution established or - maintained by he University;

(l) "Prescribed" means prescribed by Statutes;

(m) "Records and Publications" means the Records and Publications of the University;

(n) "Society" means Teerthanker Mahaveer Institute of Management and Technology. Society, Moradabad registered under the Society Registration Act, 1860:

(o) "Statutes" and "Ordinances" means respectively, the Statutes and Ordinances of the University for the time being in force,

(p) "Student" means a student enrolled in the Register of the University;

(q) "Teacher of the University" means Professors, Associate Professor, Readers, Asst. Professor, Lecturers and such other persons as may be appointed for imparting education/instructions or conducting research in the University and is designated as Teacher by the Ordinances;

(r) "Treasurer", "Registrar", "Deputy Registrar". "Finance Officer", "Controller of Examinations", "Librarian" or "Proctor" means respectively the Treasurer. the registrar, the Deputy Registrar, the Finance Officer, the Controller of Examinations, the Librarian or the Proctor of the University;

(s) "University" means the Teerthanker Mahaveer University, Uttar Pradesh established under this Act by this Society;

(t) "Visitor" means the Visitor of the University.

Section 3. Establishment of University

3. Establishment of University- (1) There shall be established at Moradabad in Uttar Pradesh, a University by the Society, in the name of Teerthanker Mahaveer University, Uttar Pradesh.

(2) The University shall be a body corporate.

Section 4. Conditions for the establishment of the University

4. Conditions for the establishment of the University- The sponsoring body, the Society shall, for the purposes of establishing the University under this Act, fulfill the following conditions, namely:-

(a) duly possesses minimum 50 acres contiguous land;

(b) construct on land referred to in clause (a) buildings of more than 24000 sq. meter carpet area, out of which minimum 50 per cent, shall be for academic and administrative purposes;

(c) install equipments in offices and laboratories worth a minimum Rs. 5 crore in the building referred to in clause (b);

(d) appoint teachers and establish infrastructure of the department/schools

for the purposes of teaching and/or research in at least seven subjects as per standards laid down by the University Grants Commission;

(e) make the Statutes and the Ordinances for the administration and functioning of the University;

(f) such other conditions as may be required by the State Government to be fulfilled before the establishment of University;

Section 5. Starting of the University

5. Starting of the University- (1) The University shall start operation only after the State Government issues to the Society a letter of authorization for the commencement of the functioning of the University.

(2) The State Government shall issue the letter of authorization after verifying the proposal along with documents received from the Society to the effect that all conditions referred to in section 4 have been fulfilled.

Section 6. Objects of the University

6. Objects of the University- The objects of the University shall be to disseminate and advance knowledge by providing instructional, research and extension of facilities in such branches of learning as it may deem fit and the University shall endeavour to provide to students and teachers the necessary atmosphere and facilities for the promotion of:-

(a) innovations in education leading to restructuring of courses, new methods of teaching and learning and integral development of personality;

(b) studies in various disciplines;

(c) inter-disciplinary studies:

(d) national integration, secularism, social equity and engineering of international understanding and ethics;

(e) Jain Minority, community so as to bring it into the main stream and also to ensure overall development thereof by imparting all modern and classical education.

Section 7. Powers of University

7. Powers of University- The University shall have the following powers, namely:-

(a) to provide for instruction in such branches of learning as the University may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge;

(b) to impart and promote the study of Sciences, Technology. Medicine, Dentistry, Management, Law and other professional courses and also history. culture, philosophy, art etc. through in-campus centres or by conducting distant educational programmes, etc. as decided by the Academic Council of the University from time to time;

(c) to honour educational stalwarts and persons of academic eminence with the decoration of professor emeritus;

(d) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;

(e) to confer honorary degrees or other distinctions in the manner prescribed;

(f) to provide education including correspondence and such other courses to such persons, who are not members of the University;

(g) [o institute Directorships, Principalships, Professorships, Associate Professorships, Readerships, Assistant Professorships, Lecturerships and other teaching or academic posts required by the University and to make appointments for the same;

(h) to create administrative, ministerial and other posts and to make appointments thereto;

(i) to appoint/engage persons working in any other University or organization having specific knowledge permanently or for a specified period;

(j) to co-operate, collaborate or associate with any other University or authority or institution in such manner and for such purpose as the University may determine;

(k) to establish and maintain schools, institutions and such centres, specialized laboratories or other units for research and instructions as are in the opinion of the University, necessary for the furtherance of its objects;

(l) to institute and award fellowships, scholarships, studentships, medals and prizes;

(m) to establish, maintain and supervise residence/hostels for students of University and promote their health and general welfare activities;

(n) to make provisions for research and consultancy, and for that purpose to enter into such arrangements with other institutions or bodies as the University may deem necessary;

(o) to declare a centre, an institution, a department, or school, as the case may be, in accordance with the Statutes;

(p) to determine standards for admission into the University, which may include examination, evaluation or any other method of testing:

(q) to demand and receive payment of fees and other charges;

(r) to make special arrangements in respect of women students and students belonging to Jain Community as the University may consider desirable;

(s) to regulate and enforce discipline amongst the employees and students of the University and take such disciplinary measures in this regard as may be deemed necessary by the University;

(t) to make arrangements for promoting the health and general welfare of the employees of the University;

(u) to receive donations and to acquire, hold, manage and dispose of any property, movable or immovable for the welfare of the University;

(v) to borrow by way of hypothecation or mortgage against the property of University with prior approval of the Society;

(w) to appoint, either on contract or otherwise, visiting professors, emeritus professor, consultants, fellows, scholars, artists, course writers, and such other persons who may contribute to the advancement of the objects of the University;

(x) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University and which may be permitted by the Executive Council of the University.

Section 8. Admission and Standards

8. Admission and Standards- (1) Admission to the different academic programmes shall be made in accordance with the laws for the time being in force.

(2) The University shall ensure that the academic standards of the courses offered by the University are in accordance with the guidelines of the University Grants Commission, Medical council of India, Detail Council of India, All India Council of Technical Education, Nation Council of teacher education. Bar Council of India, Pharmacy Council of India, Nursing Council of India, etc., as the case may be.

(3) The teacher-student ratio shall be in accordance with the guidelines of the University Grants Commission or specific Council.

Section 9. University open to all classes and creeds

9. University open to all classes and creeds- The University shall he open to persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief profession in order to entitle him to be admitted therein as an officer, a teacher, staff member, student, or to hold any office therein or to graduate thereat:

Provided that nothing in this section shall be deemed to prevent the University from making appropriate provision for reservation of persons belonging to minority Community in the posts and recruitment of the employees and reservation of scales for admission in any courses of study in the University, which can not exceed more than fifty per cent.

Section 10. The visitor

10. The visitor- (1) The visitor shall be appointed by the Society itself as may be prescribed in the Statutes.

(2) The Visitor shall have the right to visit the University or any Institution, College, School, Polytechnic or Industrial Training Institute maintained by the University to ensure the standard of education, discipline, decorum and proper functioning of the University.

(3) The Visitor shall have the right to take any action in the cases of disputes referred to him by the Chancellor.

Section 11. Officers of the University

11. Officers of the University- The following shall be the officers of the University:-

(a) Chancellor

(b) Vice-Chancellor

(c) Pro-Vice-Chancellor

(d) Director/Principal or Head of the Institution

(e) Registrar (0 Treasurer

(g) Academic Deans

(h) Dean of students Welfare

(i) Controller of Examination

(j) Chief Proctor.

(k) Finance Officer and

(l) such other officer as may he declared by the Statutes to be officers of the University.

Section 12. The Chancellor

12. The Chancellor- (1) The Chancellor shall he a Person of eminence and shall be appointed by the Committee of Management of the Society in such manner as may be prescribed.

(2) The Chancellor shall hold office during the pleasure of the Society.

(3) The Chancellor may by writing under his hand addressed to the Society, resign his office.

(4) Subject to the provisions of this section, the Chancellor shall hold office for a term of three years from the date on which he enters upon his office and he shall be eligible for re-appointment:

Provided that the Chancellor shall notwithstanding the expiration of his term continue to held office until his successor enters into his office.

(5) The Chancellor shall, by vines of his office, be the Head of the University and shall constitute interim Executive Council.

(6) The Chancellor shall, if present, preside at the Convocation of the University held for conferring degrees.

Section 13. The Vice-Chancellor

13. The Vice-Chancellor- (1) The Vice-Chancellor shall be appointed by the Chancellor in such manner as may be prescribed, for a period of three years.

(2) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall be the Chairman of the Executive Council and the Academic Council of the University, and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of the authorities of the University.

(3) The Vice-Chancellor, may. if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall convey to such authority the action taken by him on such mailers:

Provided that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-sections shall have the right to appeal against such action to the Chancellor within one month from the date on which a decision on such action is communicated to him and thereupon the Chancellor may confirm, modify or reverse action taken by the Vice-Chancellor, However, the appeal will no way absolve him in following the order unless the said order is stayed by the Chancellor.

(4) The Vice-Chancellor shall exercise such powers and perform such other functions as may be prescribed.

Section 14. The Pro-Vice-Chancellor

14. The Pro-Vice-Chancellor- (1) The Pro-Vice-Chancellor shall be appointed by the Vice-Chancellor and shall exercise such powers and performs such functions as may be prescribed.

(2) The Pro-Vice Chancellor appointed under sub-section (1) shall discharge his duties in addition to his duties as a professor.

(3) The Pro-Vice Chancellor shall assist the Vice-Chancellor in discharging day to day duties as and when required by the Vice-Chancellor.

(4) The Pro-Vice-Chancel lor shall get honorarium of such amount as may be determined by the society.

Section 15. Director/Principals or Head of Institutions

15. Director/Principals or Head of Institutions- Director or Head of Institution shall be appointed in such manner and shall exercise such powers and perform such functions as may be prescribed.

Section 16. The Registrar

16. The Registrar- (1) The Registrar shall be appointed in such manner as may be prescribed.

(2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University and shall exercise such other powers and perform such other functions as may be prescribed.

(3) The Registrar shall be the ex-officio Secretary of the Executive Council and the Academic Council.

Section 17. The Treasurer

17. The Treasurer- (1) The Treasurer shall be appointed in such a manner and shall exercise such powers and perform such functions as may be prescribed.

(2) The Treasurer shall assist the Vice-Chancellor in all financial matters, including annual budget, annual auditing, allocation of funds, etc.

Section 18. Dean of Faculties

18. Dean of Faculties- Every Dean shall be appointed in such manner and shall exercise such powers and perform such functions as may be prescribed.

Section 19. Finance Officer

19. Finance Officer- (1) The Finance Officer shall be appointed in such manner and shall exercise such powers and perform such functions as may be prescribed.

(2) The Finance Officer shall be the ex-officio Secretary of Finance Committee.

Section 20. Other Officers

20. Other Officers- The manner of appointment and powers and duties of the other officers of the University shall be such as may be prescribed.

Section 21. Authorities of the University

21. Authorities of the University- The following shall be the authorities of the University:-

(a) Court

(b) Executive Council

(c) Academic Council

(d) Finance Committee

(e) Planning Board

(f) Boards of Faculties

(g) Admissions Committee

(h) Examinations Committee

(i) Disciplinary Committee

(j) Research Committee

(k) Such other authorities as may be declared by the Statutes to be authorities of the University.

Section 22. The Court

22. The Court- (1) The constitution of the Court and the term of office of its members shall be such as may be prescribed.

(2) Subject to the provisions of this Act, the Court shall have the following powers and functions, namely:-

(a) to review from time to time, the broad policies and programmes of the University and suggest measures for the working, improvement and development of the University;

(b) to consider and pass resolutions on the Annual Report and the Annual Accounts of the University ana Audit Report of such accounts;

(c) to advise the Visitor in respect of any matter which may be referred to it for advice;

(d) to perform such other functions as may be prescribed.

Section 23. The Executive Council

23. The Executive Council- (1) The Executive Council shall be the principal executive body of the University.

(2) The Constitution of the Executive Council, the term of office of its members and its powers and duties shall be such as may be prescribed.

Section 24. The Academic Council

24. The Academic Council- (1) The Academic Council shall be the principal academic body of the University and shall subject to the provisions of the Statutes and the Ordinances, Co-ordinate and exercise general supervision over the academic policies of the University.

(2) The Constitution of the Academic Council, the term of office of its members and its powers and duties shall be such as may be prescribed.

Section 25. The finance Committee

25. The finance Committee- (1) The Finance Committee shall be the principal financial body of the University to take care of me financial matters.

(2) The constitution, powers and functions of the Finance Committee shall be such as may be prescribed. -

Section 26. The Planning Board

26. The Planning Board- (1) The Planning Board shall be principal planning body of the University. The Board shall ensure that the infrastructure and academic support system meets the norms of the University Grants Commission or the respective Councils.

(2) The constitution of the Planning Board, term of office of its members and its other powers and duties shall be such as may be prescribed.

Section 27. Faculty and other authorities of the University

27. Faculty and other authorities of the University- The constitution, powers and functions of the Boards of faculties the Admission Committee, the Examination Committee and of such other authorities of University which may be declared by the statues to be the authorities of the University, shall be such as may be prescribed.

Section 28. Power to make statutes

28. Power to make statutes- (1) The Executive Council with the approval of the Chancellor shall make the Statues for carrying out the purposes of this Act.

(2) Subject to the provisions of this Act, the Statues may provide for all or any of the following matters, namely:-

(a) the constitution, powers and functions of the authorities and other bodies of the University, as may be constituted from time to time;

(b) the appointment and continuance in office of the members of the said authorises, filling of vacancies of members and all other matters relating to those authorities for which it may be necessary to provide;

(c) the appointment, powers and duties of the officers of the University and their emoluments;

(d) The appointment of teachers of the University and other academic and administrative staff and their emoluments;

(e) the appointment of teachers and other academic and administrative staff working in any other University or Institution for a specific period for undertaking a joint project;

(f) he conditions of service of employees including provisions for retirements benefits, insurance and provident fund, the manner of termination of service and disciplinary actions:

(g) the principles governing seniority of service of employees:

(h) the procedure for settlement of disputes between employees or students and the University.

(i) the procedure for appeal to the Executive council by any employee or student against the action of any officer or authority of the University:

(j) the conferment of honorary degrees:

(k) the withdrawal of degree, diploma, certificate and other academic distinctions:

(l) the institution of fellowships, scholarships, studentships, medals and prizes;

(m) the maintenance of discipline among the students;

(n) the establishment and abolition of Departments, Centres and other constituted institutions/Colleges, etc.;

(o) the delegation of powers vested in the authorities or officers of the University and

(p) all other matters, which may be prescribed.

(3) The Executive Council shall not make, amend or repeal may Statute affecting the powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Council.

(4) Notwithstanding anything contained in the foregoing sub-sections the Chancellor may direct the University to make provisions in the statutes, in respect of any matter specified by him and if the Executive Council is unable to implement such a direction within ninety days of its receipt, the Chancellor may, after considering the reasons if any, communicated by the Executive Council for its inability to comply with such direction, make or amend the Statues accordingly as he may deem fit after taking approval from the visitor.

Section 29. Power to make Ordinances

29. Power to make Ordinances- Subject to the provision of mis Act, the Statues and the Ordinances shall be made by the Executive Council with the prior approval of the Chancellor which may provide for all or any of the following matters, namely:-

(a) the admission of students of the University and their enrolment as such;

(b) the courses of study to be laid down for all degrees, diplomas and certificates of the University;

(c) the medium of instruction and examination;

(d) the award of degree, diploma, certificate and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same;

(e) the fees to be charged for courses of study in the University and for admission to the examinations, degrees, diplomas and certificates of the University:

(f) the conditions for the award of fellowships, scholarships, studentships, medals and prizes;

(g) the conduct of examinations, including the term of Office and manner of appointment and the duties of examining bodies, examiners and moderators:

(h) the conditions of residence of the students of the University;

(i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and prescribing of special courses of studies for them within the University;

(j) the appointment and emoluments of employees other than those for whom provision has been made in the Statutes;

(k) the establishment of Centre of Studies, Boards of Studies, Interdisciplinary Studies, Special Centres, Specialized Laboratories and other Committees;

(l) the manner of co-operation and collaboration with other Universities and authorities including learned bodies or associations;

(m) the creation, composition and functions of any other body which is considered necessary, for improving the academic mileage of the University;

(n) the remuneration to be paid to the examiners, moderators, invigilators and tabulators;

(o) such other terms and conditions of service of teachers and other academic staff as are not prescribed by the Statutes.

Section 30. Regulations

30. Regulations The authorities of the University may, subject to the approval of the Executive Council, make regulations, consistent with this Act, the Statutes and the Ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this Act, the Statutes or the Ordinances, in such manner as may be prescribed.

Section 31. Annual Report.

31. Annual Report.- (1) The annual report of the University shall be prepared under the direction of the Executive Council and shall be submitted to the Court on or after such date as may be prescribed and the Court shall consider the report in its annual meeting.

(2) The court shall submit the annual report to the Chancellor along with its comments, if any.

Section 32. Annual Accounts

32. Annual Accounts- (1) The annual accounts and balance sheet of the University shall be prepared under the directions of the Executive Council and shall, once at least every year and at intervals of not more than fifteen months, be audited by an experienced and qualified firm of Chartered Accountant of repute.

(2) A copy of the annual accounts, together with the audit report thereon, shall be submitted to the Court and the Chancellor along with the observations of the Executive Council.

(3) Any observation made by the Chancellor on the annual accounts shall be brought to the notice of the Court and the Executive Council and the observations, if any. shall after being reviewed by the Executive Council, be submitted to the Chancellor.

Section 33. Conditions of Service of employees

33. Conditions of Service of employees- (1) Every employee of the University shall be appointed/engaged as per provisions of the Statutes.

(2) Any dispute arising between the University and any of the employees appointed substantively, shall he referred to the Executive Council who shall decide the dispute after affording an opportunity to the employee with three months from the date of its reference.

(3) The aggrieved employee, may file an appeal against the order of the Executive Council to the Chancellor.

(4) Any dispute in respect of any employee engaged temporarily or on ad-hoc or part time or casual basis shall be heard and decided finally by Chancellor.

(5) The decision of the Chancellor shall be final and not suit shall lie in any court in respect of the matters decided by the Chancellor.

Section 34. Right to Appeal

34. Right to Appeal- (1) Any student or candidate for any examination, whose name has been removed from the rolls of the University by the orders or resolution of the Academic Council, Proctorial Board or Controller of examination as the case may be and who has been debarred from appearing at the examinations of the University for more than one year, may within ten days of the date of receipt of such orders or copy of such resolution by him in writing appeal to the Vice-Chancellor who may confirm, modify or reverse the decision to the aforesaid authorities or the concerned Committee, as the case may be.

(1) Any decision taken by the Vice-Chancellor shall be final.

Section 35. Employees provident fund and pensions

35. Employees provident fund and pensions- The University may constitute for the benefit of its employees such pension or Provident Fund or provide such insurance schemes as may be prescribed.

Section 36. Disputes as to the constitutor of Authorities and bodies

36. Disputes as to the constitutor of Authorities and bodies- If any question arises as to whether any person has been duly nominated or appointed as or is entitled to be a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereupon shall be final.

Section 37. Constitution of Committees

37. Constitution of Committees- Where any authority of the University is given power under this Act or the Statutes to appoint Committees, such Committees shall save as otherwise provided, consist of the members of the authority concerned and of such other persons, as the authority in each case may think fit.

Section 38. Filling of the vacancies

38. Filling of the vacancies- All vacancies among the members (other than ex-officio) or any authority or other body of the University shall be filled, as soon as may be convenient by the person or body who appointed, nominated or co-opted the members whose place has become of such authority or body for the remaining term for which he has been appointed or co-opted.

Section 39. Invalidity of Proceedings

39. Invalidity of Proceedings- No act or proceedings of any authority or other body of the University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.

Section 40. Mode of Proof of University records

40. Mode of Proof of University records- A copy of any receipt, application, notice, proceeding, resolution of any authority or Committee of the University or other documents in possession of the University, if certified by the Registrar, shall be received as prima-facie evidence of such receipt, application, notice, order, proceeding or resolution, documents or the existence of entry in the register and shall be admitted as evidence of the matters.

Section 41. Publication of Statues. and Ordinance

41. Publication of Statues. and Ordinance- (1) Every Statute or Ordinance made under this Act shall be made available in writing.

(2) Each new Statute or Ordinance made under this Act shall be enforced as soon as it is made by the competent authority.

Section 42. Permanent Endowment fund

42. Permanent Endowment fund- (1) The University shall establish a permanent endowment fund of at least rupees ten crore.

(2) The University shall have the power to invest the permanent endowment fund in such manner as may be prescribed.

(3) The University may transfer any amount from the general fund or ‘he development fund to the permanent endowment fund.

(4) Any amount exceeding the minimum amount specified in sub-section (1) may be withdrawn from the permanent endowment fund by the University for the purposes of development of the University.

Section 43. General Fund

43. General Fund- (1) The University shall establish a general fund to which the following amount shall be credited, namely -.-

(a) all fees which may be charged by the University;

(b) all sums received from any other source;

(c) all contributions made by the Society; and

(d) all contributions made in this behalf by any other person or body which are not prohibited by any law for the time being in force.

(2) The moneys credited to the general fund shall be applied to meet all the recurring expenditures of the University.

Section 44. Development Fund

44. Development Fund- (1) The University shall also establish a development fund to which following moneys shall be credited, namely:-

(a) development fees, which may be changed from students;

(b) all sums received from other sources for the purpose of the development of the University;

(c) all contributions made by the Society;

(d) all contributions made in this behalf by any other person or body which are not prohibited by any law for the lime being enforce; and

(e) all incomes received from the permanent endowment fund.

(2) The moneys credited to the development fund from time to time shall be utilized for the development of the University.

Section 45. Maintenance of Fund

45. Maintenance of Fund- The funds established under sections 42, 43 and 44 shall subject to general supervisions and control of the Court and be regulated and maintained in such manner as may be prescribed.

Section 46. Financial Condition

46. Financial Condition- The University shall be a self financed University and will not be based on any grant-in-aid or any financial assistance from the State Government or any other body Corporation owned and controlled by the State Government.

Section 47. Fees

47. Fees- The fees charged for different academic programmes shall be in accordance with laws for the time being in force.

Section 48. Power of the State Government to call for information and records

48. Power of the State Government to call for information and records- (1) It shall be the duty of the University or any authority or officer of the University to furnish such informations or records relating to the administration or finances and other affairs of the University as the State Government may call for.

(2) The State Government, if it is of the view that there is a violation of the provisions of the Act or the statutes or ordinances made there under may issue such directions to the University under section 52 as it may deem necessary.

Section 49. Dissolution of the University

49. Dissolution of the University- (1) If the University proposes its dissolution in accordance with the governing its constitutions or incorporation, it shall give at least six months written notice to the Stale Government.

(2) On receipt of notice referred to in sub-section (1) the State Government shall make such arrangement for administration of the University from the date of dissolution of the University and until the last batch of students in regular their courses of studies in such manner as may be prescribed.

Section 50. Expenditure of the University during dissolution

50. Expenditure of the University during dissolution- (1) The expenditure for administration of the University during the taking over the liabilities of the University under section 49 shall be met out from the permanent endowment fund, the general fund and the development fund, the general fund and the development fund.

(2) If the funds referred to sub-section (1) are not sufficient to meet the expenditure of the University during the taking over the liabilities of the University such expenditure may be met by disposing of the properties or assets of the University by the Stare Government.

Section 51. De-recognition of the University by the State Government

51. De-recognition of the University by the State Government- (1) Where the State Government is satisfied that the University is not functioning in accordance with the provisions of this act on receipt of a complaint with respect to the management of the University, it shall require the University to show cause within such time, which shall not be man two months, as to why the University should not be de-recognized.

(2) If, upon receipt of the reply of the University to the notice given under sub-section (1), the State Government is satisfied that a prima-facie case of mismanagement or violation of the provisions of this Act the rules the Statutes, the Ordinances there under is made out, it shall order such enquiry as it deems necessary.

(3)For the purposes of on enquiry under sub-section (2), the State government shall by notification, appoint an officer or authority as the enquiring authority to enquiry into and report upon the allegations of mismanagement, violation of the provisions of this Act the Rules the Statutes, the Ordinances or any direction issued there under.

(4) Where the State Government considers it necessary or expedient to suspend the Court for purposes of an inquiry with respect to the affairs of the University, it may, by notification, order the suspension of the Court as the case may be and make such arrangement for the administration of the University as it considers necessary till the conclusion of the inquiry

(5) Every inquiring authority appointed under sub-section (3) shall while performing its functions under this Act, will have all the powers of Civil Court under the Code of Civil Procedure, 1908 trying a suit and in particular in respect of the following matters, namely

(a) Summoning and enforcing the attendance of any witness and examining him on oath;

(b) requiring the discovery and production of any document;

(c) requisitioning any public record or copy there of from any office;

(d) receiving evidence on affidavits;

(e) any other matter which may be prescribed.

(6) If upon receipt of the inquiry report the State Government is satisfied that the University has been mismanaged or has violated any provision of this Act or the Statutes or the Ordinance made thereunder it may, by notification, de-recognize the University with the prior approval of the University Grants Commission.

(7) During the period of the management of the University under sub-section (6), the State Government may utilize the permanent endowment fund, the general fund or the Development Fund for the purposes of the Management of the affairs of the University. If the funds of the University are not sufficient to meet the requisite expenditure of the University, the State Government may dispose off the assets or the properties of the University to meet the said expenses.

(8) Every notification under sub-section (6), shall be laid before both Houses of the State Legislature before being implemented.

Section 52. Power of the State Government to issue directions on policy matters

52. Power of the State Government to issue directions on policy matters- The State Government may issue such directions from time to time to The University on policy matters not inconsistent with the provisions of this Act, as it may deem necessary, Such directions shall be complied with by the University.

Section 53. Power to remove difficulties

53. Power to remove difficulties- (1) The State Government may for the purposes of removing any difficulties, particularly in relation to the transition from the provisions of the Uttar Pradesh State University Act, 1973 to the provisions of this Act, 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 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 question in any Court on the ground that no difficulty as is referred to in that sub-section existed or was required to be removed.