1. (1) This Act may be called the Uttar Pradesh Rajarshi Tandon Open University Act, 1999.
2. In this Act :—
3. (1) There shall be established a University by the name of the Uttar Pradesh Rajarshi Tandon Open University.
4. The University shall promote dissemination of learning and knowledge through distance education systems to a larger segment of the population and shall, in organising its activities, have due regard to the objects specified in the schedule.
5. The University shall have the following powers, namely :-
6. Notwithstanding anything contained in any other law for the time being in force, the University shall in the exercise of its powers has Jurisdiction over the whole of Uttar Pradesh.
7. (1) The University shall be open to persons of either sex irrespective of class or creed, and it shall not be lawful for the University adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the University, or to hold any other office therein or admitted as student in the University or to graduate there at, or to enjoy exercise any privilege thereof.
8. (1) The State Government shall have the right to cause an inspection to be made, by such person or persons as it may direct, of the University or any college or study centre maintained by the University including its buildings, libraries, laboratories, workshops and equipment and also of the examinations, teaching and other work conducted or done by the University or such college or study centre or to cause an inquiry to be made in the like manner in respect of any matter connected with the administration and finances of the University or such college or such centre.
9. The following shall be the officers of the University :—
10. (i) 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. be subject to the confirmation of the Chancellor.
11. (1) The Vice-Chancellor shall be a whole-time salaried officer of the University and shall be appointed by the Chancellor in such manner, for such terms and on such emoluments and other conditions of service as may be prescribed ;
12. The Pro Vice-Chancellor shall be appointed by the Vice-Chancellor in such manner, on such emoluments and other conditions of service, and shall exercise such powers and perform such functions, as may be prescribed.
13. Every Director shall be appointed in such manner, on such emoluments and other conditions of service, and shall exercise such powers and perform such functions, as may be prescribed.
14. (1) The Registrar shall be appointed by the State Government in such manner on such emoluments and their conditions of service, and shall exercise such powers and perform such functions as may be prescribed.
15. (1) The Finance Officer shall be appointed by the State Government in such manner, on such emoluments and other conditions of service, and shall exercise such powers and perform such functions, as may be prescribed.
16. (1) The Examination controller shall be appointed by the State Government in such manner, on such emoluments and other conditions of service, and shall exercise such powers and perform such functions, as may be prescribed.
17. The manner of appointment, emoluments, powers and duties of the other officers of the University shall be such as may be prescribed.
18. The following shall be authorities of the University :—
19. (1) The Executive Council shall be the principal executive body of the University.
20. (1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and Ordinances, have the control and general regulation of, and be responsible for the maintenance of standard of learning, education, instruction, evaluation and examination within the university and shall exercise such other powers and perform such other function as may be prescribed.
21. (1) There shall be constituted a Planning Board of the University which shall be the principal planning body of the University and shall also be responsible for the monitoring of the developments of the University on the lines indicated in the objects of the University.
22. (1) The Board of Recognition shall be responsible for admitting Colleges and other Institution to the privileges of the University.
23. (1) There shall be such number of schools of Studies as the University may determine from time to time.
24. The constitution, powers and functions of the Finance Committee shall be such as may be prescribed.
25. The constitution, powers and functions of the other authorities which may be declared by the Statutes to be authorities of the University shall be such as may be prescribed.
26. Subject to the provisions of this Act, the Statutes may provide for any matter relating to the University and shall in particular provide for :—
27. (1) The first statutes of the University shall be made by the State Government by notification.
28. (1) Subject to the provision of this Act and the Statutes, 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.
29. The authorities of the University may 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 not provided for by this Act, Statutes or the Ordinances, in such manner as may be prescribed.
30. (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 fulfillment of its objects.
31. (1) The annual accounts and the balance sheet of 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 Directors, Local Fund Accounts, Uttar Pradesh or by such person or persons as the State Government may authorize in this behalf.
32. (1) An Officer specified in any of the clauses (b), (c), (d), (e), (f), (g) and (h) of section 9 shall be liable to surcharge for the loss waste of misapplication of any money or property of the University, if such loss waste or misapplication is a direct consequence of his neglect or misconduct.
33. (1) Except as otherwise provided by or under this Act an employee including a teacher of the University may be appointed under a written contract and such contract shall not be inconsistent with the provisions of this Act, the Statutes and the Ordinances.
34. (1) Any dispute arising out of a contract of employment referred to in section 33 between the University and an employee or a teacher shall, at the request of either party, be referred to a Tribunal of Arbitration which shall consist of one member nominated by the Executive Council, one member nominated by the employee or teacher concerned and an umpire to be nominated by the Chancellor.
35. (1) The University shall constitute for the benefit of the employees and teachers such provident or pension funds or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed.
36. If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.
37. All the casual vacancies among the members other than ex-officio members of any authority or other body of the University shall be filled, as soon as may be convenient, by the person or body, who appoints, elects, or co-opts the members whose place has become vacant and any person appointed, elected or co-opted to a causal 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 member.
38. No act or proceeding of any authority or any other body of the University shall be invalidated merely by reason of the existence of any vacancy or vacancies among its members.
39. No suit or other legal proceedings shall lie against any officer or employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act or the Statutes or the Ordinances.
40. (1) The University shall appoint such number of employees including academic staff as may be sanctioned by the State Government from time to time. The terms and conditions of service of the employees of the University shall be such as may be prescribed.
41. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by a notified order, make such provisions, not inconsistent with the provisions of this Act as appears to it to be necessary or expedient for removing the difficulty.
42. Notwithstanding anything contained in this Act and the Statutes :-
43. (1) Every Statute, Ordinance or Regulation made under this Act shall be published in the Gazette.