Uttarakhand · 1973 · Act 10
THE UTTAR PRADESH STATE UNIVERSITIES ACT, 1973
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180
THE UTTAR PRADESH STATE UNIVERSITIES ACT, 1973
1
[PRESIDENT ACT No. 10 OF 1973]
Reenacted with modification by U. P. Act Vo.29 of 1974
U.P. Act No. 21 of 1975
Amended by-
U. P. Act No.5, 1977
U. P. Act No. 14, 1977
U. P. Act No. 12 1978
AN
ACT
to amend and consolidate the law relating to certain Universities
[It is hereby enacted as follows :--]
2
CHAPTER 1
PRELIMINARY
Short title,
commencement
and application
1- (1) This Act may be called the Uttar Pradesh State Universities Act, 1973.
(2) It shall come into force on such date as the State Government may, by
notification in the Gazette, appoint and different dates may be appointed in relation
to different existing Universities and references to commencement of this Act in
relation to an existing University shall be construed as the date on which this Act
comes into force in relation thereto.
(3) In its application to the Varanaseya Sanskrit Vishvavidyalaya (which after
coming into force of this Act in relation to that University shall be called the
[[Uttarakhand]
6
Sanskrit Vishvavidyalaya, Haridwar]
5
), the State Government
[from time to time]
4
may, by notification in the Gazette, make such exceptions or
modifications not affecting the substance, in the provisions of this Act, as the
circumstances may require.
(4) (a) In its application to the Kashi Vidyapith after it is established as a
University under sub-section (2) of section 4, the State Government may, by
notification in the Gazette, make such exceptions or modifications not affecting the
substance, in the provisions of this Act, as the circumstances may require.
(b) [* * *]
3
1. For S.O.R see the Uttar Pradesh Gazette, extraordinary, date September 2 1973 pages 73
2. Subs. by s. 3 of U.P. Act no. 29 of 1974.
3. Omitted by section 4 ibid.
4. Ins by s. 2 of U. P. Act no. 21 of 1975.
5. Subs. by section 2 of Uttarakhand Act No. 17 of 2005.
6. Subs. by section 2 of Uttarakhand Act No. 06 of 2011.
7. In relation to the Universities of Lucknow, Allahbad, Agra. Gorakhapur, Kanpur and
Meerut. September 3, 1973, has been appointed as the date on which the provisions
of the said Act came into force vide notification no. (Shiksha .10) 3081 (1) /SV-60
(46)73. Dated September 3, 1973.
8. The provisions of the said act shall apply to the Varansaeya Sanskrit Vishwavidyalaya
since, December 16, 1974, vide notification no. 6095- 15-60 (56) -73, dared
December 18, 1974
9. The provisions of the said Act shall apply to the kashi Vidyapieth since january 15,
1974, vide notification no. shaiksha (10) 9268/ XII -10.10 -2 (I)-7, dated Jan. 10,
1974.
181
[The Uttar Pradesh State Universities Act, 1973] [Section 2]
Definitions 2- In this Act, unless the context otherwise requires:---
(1) "Academic Council", "Court" and ‘Executive Council" mean
respectively the Academic Council, the Court and the Executive Council of the
University :
(2) "affiliated college" means an institution affiliated to the University in
accordance with the provisions this Act and Statutes of that University ;
(3) "area of the University" means the area specified in respect of the
University by or under section 5 or section 4, as the case may be ;
(4) "associated college" means any institution recognized by the University
and authorized under the provisions of [this Act and the statutes of the
University]
1
to provide for the teaching necessary for admission to a degree of
the University;
(5) "autonomous college" means an affiliated or associated college declared
as such in accordance with the provisions of section 42 ;
{(5-A) the expression ‘other backward classes of citizens’ shall have the
same meaning as in the Uttar Pradesh Public Service (Reservation for
Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994.}
3
{(5-B) central Board of Studies’ means the Central Board of Studies
referred to in section 18-B;}
4
(6) "constituent college" means an institution maintained by the University
or by the State Government and named as such by the Statutes ;
{(6-A) ‘Co-ordination Council’ means the Co-ordination Council
constituted under section 18-A;}
5
(7) "Director", in relation to an Institute, means the head of such Institute;
(8) "existing University" means the University of Lucknow, Allahabad,
Agra, {which shall from September 24, 1995 be called Doctor Bhimrao
Ambedkar University, Agra}
6
, Gorakhpur {which shall with effect from the
date of the commencement of the Uttar Pradesh State Universities(Second
Amendment) Act, 1997 be called Deen Dayal Upadhaya, Gorakhpur
University, Gorakhpur}
8
, Kanpur{which shall be called Shri Shahu Ji Maharaj
University, Kanpur with effect from September 24, 1995 and Chhatrapati Shahu
Ji Maharaj University, Kanpur with effect from the date of commencement of
the Uttar Pradesh State Universities (Amendment) Act, 1997}
7
or Meerut
{which shall from January 17, 1994 be called Chaudhary Charan Singh
University, Meerut,}
2
or the {{Uttarakhand}
Sanskrit University,Haridwar}
9
, as
the case may be ;
1- Subs. by section 5(i) of U. P. Act no. 29 of 1974.
2- Ins. words by section 2 of U. P. Act no. 05 of 1994.
3- Ins. by s. 2 of U. P. Act no. 20 of 1994.
4- Ins. by s. 2(a) of U. P. Act no. 4 of 1996.
5- Ins. by s. 2(b) ibid.
6- Ins. words by section 2(c) ibid.
7- Subs. by section 2 of U. P. Act no. 12 of 1997.
8- Ins. by section 2 of U. P. Act no. 18 of 1997.
9- Ins. by section 2 of Uttarakhand Act No. 17 of 2005.
182
[The Uttar Pradesh State Universities Act, 1973] [Section3-4]
(9) "faculty" means a faculty of the University ;
{(9-A) ‘foundation course’ means a course of greater awareness of oneself
and of the social, cultural and natural environment;}
3
(10) "hall (or college) of a University" means a unit of residence for
students maintained or recognised by the' University at which provision is made
for imparting tutorial and ether supplementary instruction;
(11) "hostel of a University" means a unit of residence for students
maintained or recognised by the University, other than a hall, and "hostel of an
affiliated or associated college" means a unit of residence for students of that
college;
(12) "Institute" means an Institute established by the University under
section 44 ;
(13) "management", in relation to an affiliated or associated college, means
the managing committee or other body charged with managing the affairs of
that college and recognised as such by the university :
[Provided that in relation to any such college maintained by a Municipal
Board or a Nagar Mahapalika, the expression Management" means the
education committee of such Board or Mahapalika, as the case may be, and the
expression Head of the Management' means the Chairman of such committee;]
2
(14) "prescribed" means prescribed by Statutes ;
(15) "Principal", in relation to an affiliated, associated or a constituent
college, means the head of such college ;
(16) "registered graduate" means a graduate of the University registered
under the provisions of this Act or under any enactment repealed by this Act;
(17) "Statutes", "Ordinances" and "Regulations" mean respectively the
Statues, Ordinances and Regulations of the University ;
(18) "teacher", means a person employee [for imparting instruction or
guiding or conducting research in the University or in an Institute or, in a
constituent, affiliated or associated college]
1
and includes a Principal or a
Director;
(19) "teacher of the University" means a teacher employed by the
University or Imparting instruction and guiding or conducting research either in
the University or in an Institute or in a constituent college maintained by the
University;
(20) "University" means an existing University or a new University
established after the commencement of this Act under section 4 ;
1- Substituted by section 5(ii) of U. P. Act no. 29 of 1974.
2- Ins. by section 2 of U. P. Act no. 12 of 1978.
3- Subs. by section 2(d) of U.P. Act no. 4 of 1996.
183
[The Uttar Pradesh State Universities Act, 1973] [Section 3-4]
(21) "Working Men’s College" means an affiliated or associated college
recognized as such in accordance with the provisions of section 43.
CHAPTER II
THE UNIVERSITIES
Incorporation
Universities
3- (1) The Chancellor, the Vice-Chancellor and the members of the Executive
Council, the Court and the Academic Council for the time being holding office as
such in any University shall constitute a body corporate by the name and that
University.
(2) Each University shall have perpetual succession and a common seal and
shall sue and be sued by its name.
Establishment
of new Univer-
sity and altera-
tion of the
areas or names
of Universities
4- (1) With effect from such date as the State Government may by notification
in the Gazette appoint in that behalf, there shall be established a University of
Kumaun at Naini Tal and a University of Garhwal [which shall from April 25,
1989 be called the Hemvati Nandan Bahuguna University]
1
at Srinagar (District
Garhwal) for the areas respectively specified in the Schedule.
[(1-A) with effect from such date or dates as the State Government may by
notification in the Gazette appoint in this behalf, there shall be established-
(a) a University of Bundelkhand at Jhansi
(b) a University of Avadh at Faizabad {which shall be called the
Doctor Ram Manohar Lohia University, faizabad with effect from June 18,
1994, and the Doctor Ram Manohar Lohia Avadh University, Faizabad with
effect from July 11, 19 1995;}
2
(c) a University of Rohilkhand at Bareilly {which shall with effect
from the date of the commencement of the Uttar Pradesh State Universities
(Second Amendment) Act, 1997 be called Mahatma Jyotiba Phule
Rohilkhand University, Bareilly}
3
;
{(d) a University to be known as Puranchal University at Jaunpur, with
shall, with effect from the date of commencement of the Uttar Pradesh State
Universities (Amendment) Act, 1999, be called “ Vir Bahadur Singh
Purvanchal University, Jaunpur.;}
4
for the areas respectively specified in the Schedule.
(1-B) In relation to the Universities to be established under sub-section (I-A)-
(a) the State Government shall appoint interim officers of the
Universities (other than the Chancellor) and shall constitute interim
authorities of such Universities in such manner as it thinks fit;
1- Ins. by section 2 of U.P. Act No. 26 of 1989.
2- Subs. by section 3 of U. P. Act no. 4 of 1996.
3- Added by section 3 of U. P. Act no. 18 of 1997.
4- Subs. by section 2 of U.P. Act no. 11 of 1999.
184
[The Uttar Pradesh State Universities Act, 1973] [Section 4]
[(b) The officers appointed and the members of the authorities
constituted under clause (a) shall hold office {***}
4
of until the appointment
of officers or the constitution of the authorities in accordance with clause (c)
{or such other earlier date as may be specified by the State Government in
this behalf}
4
.]
3
[Provided that the State Government may by notification, extend the
term of the members of such authorities for a period not exceeding one year;]
2
(c) the State Government shall take steps for .the appointment of
officers and constitution of authorities of such Universities in accordance
with the provisions of this Act, so that the same may be completed before the
expiry of the respective terms of the interim officers and members under
clause (b).]
1
(2) With effect from such date as the State Government may, by notification
in the Gazette, appoint that behalf the institution known as Kashi Vidyapith at
Varanasi shall be deemed to be a University established under the provisions of
this Act {which shall be called Mahatma Gandhi Kashi Vidyapith, Varanasi with
effect from July, 11, 1995.}
5
(3) As from the date appointed under sub-section (2) -
(i) the society known as the Kashi Vidyapith Varanasi, shall be
dissolved, and all property movable and Immovable, and rights, powers and
privileges of the society shall be transferred to and vest in the University and
shall be applied to the objects and purposes for which the University is
established;
(ii) all debts, liabilities and obligations of the said society shall be
transferred to the University and shall thereafter be discharged and satisfied
by it ;
(iii) all references in any enactment to the said society shall be
construed as reference to the University;
(iv) any will, deed or other document, whether made or executed before
or after the commencement of this Act, which contains any bequest, gift or
trust in favour of the said society shall be construed as if the University was
therein named instead of such society ;
(v) subject to the provisions of this Act, every person employed
immediately before the said date in the said society shall with effect from that
date, become an employee of the University by the same tenure and upon the
same conditions of service or conditions as similar there to as changed
circumstances may permit, as he would have held under the said society, if
such notification had not been issued.
(4) The State Government may, by notification in the Gazette-
(a) increase the area of a University;
1- Ins. by section 6 of U. P. Act no. 29 of 1974
2- Ins. by section 2 of U. P. Act. No. 5 of 1977.
3- Subs. by section 3 of U. P. Act no. 12 of 1978.
4- Delete and insertion by section 2 (b) of U.P. Act no. 19 of 1987.
5- Ins. words by section 3 (b) of U. P. Act No. 4 of 1996.
185
[The Uttar Pradesh State Universities Act, 1973] [Section 5]
21 of 1860
(b) diminish the area of University; or
(c) alter the name of a University:
Provided that no such notification shall be issued except with the previous
approval by resolution of both the Houses of the State Legislature.
(5) Any notification under this section may contain such provisions for the
amendment of the Schedule and the Statutes, Ordinances and Regulations of the
University or Universities affected by such notification, as may be necessary to
give effect to the provisions of the notification, and thereupon the Schedule and
such Statutes, Ordinances and Regulations shall stand amended accordingly.
(6) Without prejudice to the generality of the provisions of sub-section (5),
any notification under this section may provide for the following matters namely:-
(a) provisions in respect of representation of various interests or classes
of persons in the authorities of the University or Universities affected by the
said notification;
(b) provisions for exercise of option by registered graduates of the then
existing University to continue to remain registered graduates of the same
University or to get registered with a newly established University so
however, that no person shall be registered graduate of more than one
University ;
(c) such other supplemental, incidental and consequential provisions as
the State Government may deem necessary.
Explanation-- For the purposes of this section and section 5 "Kashi
Vidyapith" means the institution known as Kashi Vidyapith at Varanasi established
and administered by the Society known as Kashi Vidyapith registered under the
Societies Registration Act, 1860 in respect of which the Nirikshak Sabha of the
said Society has passed a resolution on 28th May, 1972, requesting the State
Government to take over the entire movable and immovable properties of the said
institution and to convert it into a State University.
Territorial
exercise of
powers
5- (1) Save as otherwise provided by or under this Act, the powers conferred on
each University (other than the [[Uttarakhand]
2
Sanskrit Vishvavidyalaya,
Haridwar]
1
and the Kashi Vidyapith) shall be exercisable in respect of the area for
the time being specified against it in the Schedule.
(2) The [[Uttarakhand]
2
Sanskrit Vishvavidyalaya, Haridwar]
1
may affiliate
institutions situated in any part of the territory of India and recognize teachers of,
and admit to its examinations candidates from such territory or abroad :
Provided that the Vishvavidyalaya shall not--
(a) affiliate an institution outside Uttar Pradesh, or
(b) recognize any teacher employed in an institution situated outside
Uttar Pradesh and maintained by any Government, except upon the
recommendation of the Government concerned.
1- Subs. by section 2 of Uttarakhand Act No. 17 of 2005.
2- Subs. by section 2 of Uttarakhand Act No. 06 of 2011.
186
[The Uttar Pradesh State Universities Act, 1973] [Section 6-7]
(3) Nothing in this Act relating to affiliation or recognition of colleges shall
apply of the Kashi Vidyapith.
(4) Notwithstanding anything contained in sub-section (1), the powers
conferred on the {Chattarpati Shahu Ji Maharaj University, Kanpur}
1
in respect of
instruction and research in the Ayurvedic and Unani systems of medicine and
advancement and dissemination of knowledge thereof shall be exercisable
throughout Uttar Pradesh.
[(5) Notwithstanding anything contained in sub-section (1), the
homoeopathic educational or instructional institutions throughout Uttar Pradesh
may be affiliated to the {Doctor Bhim Rao Ambedkar University, Agra or
{Chattripati}
5
Shahu Ji Maharaj University, Kanpur.}
3
]
1
{(6) Notwithstanding anything contained in sub-section (1) or sub-section (1)
of section 37, the institutions established or proposed to be established for
imparting education or instruction in Western Medical Science as defined in the
Indian Medical Degrees Act, 1916, engineering, technology or management
anywhere in Uttar Pradesh may, subject to such directions as may be issued by the
State Government in this behalf, be affiliated to any University.}
4
University
open to all
classes and
creed.
6- The University shall be open to all persons irrespective of class or creed, but
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
Ordinances :
Provided that nothing in this section shall be deemed to prevent the
University from making special provisions for admission of students belonging to
the {Scheduled Castes, the Scheduled Tribes or Other Backward Classes of
citizens}
2
.
Powers and
duties of the
University
7- The University shall have the following powers and duties; namely- ---
(1) to provide for instruction in such branches of learning as the University
may think fit, and to make provision for research and for the advancement and
dissemination of knowledge;
(2) to admit any college to the privileges of affiliation or re-cognition or, to
enlarge the privileges of any college already affiliated or recognized, as the case
may be, or to withdraw or curtail any such privilege and to guide and control die
work of affiliated and associated colleges ;
(3) to institute degrees, diplomas and other academic distinctions ;
(4) to hold examinations, for, and to grant and confer degrees, diplomas and
other academic distinctions to and On persons who-
(a) have pursued a course of study in the University, a constituent college
or an affiliated college, or associated college, or
1- Ins. by section 9 of Chapter-III of U. P. Act. No. 14 of 1977.
2- Subs. by section 3 of U. P. Act no. 20 of 1994.
3- Ins. by section 4 (b) of U. P. Act no. 4 of 1996.
4- Added by section 4 (c) ibid.
5- Substituted by section 3 of U. P. Act no. 12 of 1997.
187
[The Uttar Pradesh State Universities Act, 1973] [Section 7]
(b) have carried on research in the University or in an institution
recognized in that behalf by the University or independently, under
conditions laid down in the Statutes and the Ordinances ; or
(c) have pursued a course of study by correspondence whether residing
within the area of the University or not, and have been registered by the
University, subject to such conditions as may be laid down in the Statutes and
Ordinances as external candidates ; or
(d) are teachers or other employees in the University or in an Institute or
in a constituent or affiliated or associated college or in any other educational
institutions under conditions laid down in the Statutes and the Ordinances or
are inspecting officers permanently employed in the Department of Education
of the State Government, and have carried on private studies under conditions
laid down in the Statutes and the Ordinances ; or
(e) are women residing within the area of the University and have
carried on private studies under conditions laid down in the Statutes and
Ordinances; or
(f) are blind and are residing within the area of the University and have
carried on private studies under conditions, laid down in the Statutes and the
Ordinances;
(5) to hold examinations for and to grant the degree of Bachelor of Arts or
Commerce or Master of Arts or Commerce to persons residing within the area of
the University who have carried on Private studies under conditions laid down in
the Statutes and the Ordinances ;
(6) to confer honorary degrees or other academic distinction in the manner
and under conditions laid down in the Statutes ;
(7) to grant such diplomas to and to provide such lectures and instructions for
persons, not being students of the University, as the University may determine ;
(8) to co-operate or collaborate with other Universities and authorities in such
manner and for such purposes as the University may determine;
(9) to institute teaching posts required by the University and to appoint
persons to such posts ;
(10) to recognize teachers for giving instruction in halls;
(11) to lay down the conditions of affiliation or recognition of colleges and to
satisfy itself by periodical inspection and otherwise that those conditions are
satisfied;
(12) to institute and award scholarships, fellowships (including travelling
fellowship), studentships and prizes in accordance with the Statutes and the
Ordinances;
(13) to institute and maintain halls and hostels and to recognize places of
residence for students of the University, the Institutes or the constituent or
affiliated or associated colleges ;
188
[The Uttar Pradesh State Universities Act, 1973] [Section 7A-8]
(14) to demand and receive such fees and other charges as may be fixed by
the Ordinances ;
(15) supervise and control the residence and to regulate the discipline of
students of the University, the Institute and the constituent or affiliated or
associated colleges and to make arrangements for promoting their health;
(16) to create administrative ministerial and other necessary posts and to
make appointments thereto; and
(17) to do all such acts and things, whether incidental to the powers aforesaid
or not, as may be requisite in order to further the objects of the University.
[Additional
power and
duties of
certain
Universities
7-A Upon being authorized by the State Government by notification under the
Uttar Pradesh Homoeopathic Medicine Act, 1951, {Doctor Bhimrao Ambedkar
University, Agra or {Chattarpati}
3
Shahu Ji Maharaj University, Kanpur,}
2
as the
case may be, shall--
(a) hold examinations for and grant diplomas in Homoeopathy,
(b) take over the functions of holding of examinations for courses
prescribed by the Board of Homoeopathic Medicine constituted under the
said Act and granting diplomas, and exercise and perform all the powers end
functions of such Board under the said Act wit h respect to holding of such
examination and granting of diplomas.]
1
CHAPTER III
INSPECTION AND INQUIRY
Visitation 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
constituent college or any Institute maintained by the University, including its
buildings libraries, laboratories, workshops and equipment and also of the
examinations, teaching and other works conducted or done by the University or
such colleges or Institute 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 Institute.
(2) Where the State Government decides to cause an inspection or inquiry to
be made under sub-section (1), it shall inform the University of the same through
the Registrar, and any person nominated by the Executive Council may be present
at such inspection or inquiry as representative of the University and he shall have
the right to be heard as such:
Provided that no legal practitioner shall appear, plead or act on behalf of the
University at such inspection or inquiry.
1- Chapter-III insertion by section 10 of U. P. Act no. 14 of 1977.
2- Subs. by section 5 of U. P. Act no. 04 of 1996.
3- Subs. by section 3 of U. P. Act no. 12 of 1997.
189
[The Uttar Pradesh State Universities Act, 1973] [Section 8]
(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
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]
1
of the Code of Criminal Procedure, 1973 and any proceeding before him
or them shall be deemed to be judicial proceeding within the meaning of sections
193 and 228 of the Indian Penal Code.
(4) The State Government shall address the Vice-Chancellor with reference to
the result of such inspection or inquiry, 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.
(5) 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.
(6) If the University authorities do not within a reasonable time, take action to
the satisfaction of the State Government the Government may, after considering
any explanation which the University authorities may furnish, issue such directions
as it may think fit, and the University authorities shall be bound to comply with
such directions.
(7) The State Government shall send to the Chancellor a copy of every report
of an inspection or inquiry caused to be made under sub-section (I) and of every
communication received from the Vice-Chancellor under sub-section (5) and of
every direction issued under sub-section (6) and also of every report or information
received in respect of compliance or non-compliance with such direction.
(8) Without prejudice to the provisions of sub-section (6) if the Chancellor on
consideration of any document or material referred to in sub-section (7) of this
section including any report of an inquiry held before the commencement of this
Act, is of opinion that the Executive Council has failed to carry out its functions or
has abused its powers, he may, after giving it an opportunity of submitting a
written explanation, order that in super session or the said Executive Council, and
Executive Council, consisting of the Vice-Chancellor and such other persons not
exceeding ten in number as the Chancellor may appoint in that behalf including
any member of the superseded Executive Council, shall for such period not
exceeding two years as the Chancellor may from time to time specify, and subject
to the provisions of sub-section (ii), exercise and perform all the powers and
functions of the Executive Council under this Act.
(9) Nothing in section 20 shall apply to the composition of the ad hoc
Executive Council that may be constituted under sub-section (8).
(10) Upon an order being made under sub-section (8), the term of office of all
members of the Executive Council superseded thereby, including ex-officio
members, shall cease and all such members shall vacate their offices as such.
1. Substituted by section 3 of U. P. Act no. 5 of 1977.
190
[The Uttar Pradesh State Universities Act, 1973] [section 9]
(11) During the period of operation of an order under sub-section (8), the
provisions of this Act, shall have effect subject to the following modifications,
namely –
(a) in section 20, after sub-section (5), the following sub-section shall
be deemed inserted :
"(6) A meeting of the Executive Council shall be held at least once
every two months".
(b) in section 21, in sub-section (1), after the words "subject to the
provisions of this Act", the words "and subject also to the control of the
Chancellor" shall be deemed inserted ;
(c) in section 24, in sub-section (2), the words "and Shall upon a
requisition in writing signed by not less than one-fourth of the total
membership of the Court" shall be deemed omitted.
(12) A fresh Executive Council shall be constituted in accordance with the
provisions of section 20 with effect from the expiration of the period of operation
of an order under sub-section (8).
(13) Any Statute, Ordinance, Regulation or Order made during the period of
operation of an order under sub-section (8), in accordance with the provisions of
this Act, as deemed modified by virtue of the provisions of sub-section (11), shall,
notwithstanding the expiration of such period, continue in force until amended,
repealed of rescinded in accordance with the provisions of this Act.
CHAPTER IV
OFFICERS OF THE UNIVERSITIES
Officers of the
University
9- The following shall be the officers of the University-
(a) the Chancellor;
(b) in the case of [[Uttarakhand]
3
Sanskrit Vishvavidyalaya, Haridwar]
2
the Pro-Chancellor ;
(c) the Vice-Chancellor;
(d) in the case of universities referred to in sub-section (1) of section 14,
the Pro-Vice-Chancellor
(e) the Finance Officer;
(f) the Registrar ;
{(ff) the Controller of Examinations, if any, appointed;}
1
(g) the Dean of the Faculties ;
(h) the Dean of Students Welfare;
(i) such other officers as may be declared by the Statutes to be the
officers of the University.
1. Subs. by section 2 of U. P. Act no. 14 of 1995.
2. Subs. by section 2 of Uttarakhand Act No. 17 of 2005.
3. Subs. by section 2 of Uttarakhand Act No. 06 of 2011.
191
[The Uttar Pradesh State Universities Act, 1973] [Section 10-12]
The Chancellor 10- (1) The Governor shall be the Chancellor of the University. He shall, by
virtue of his office be the Head of the University and the President of the Court and
shall, when present, preside at meeting of the Court, and 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.
(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 Statutes.
Pro-Chancellor 11- (1) Maharaja Vibhuti Narain Singh of Varanasi shall continue to be the Pro-
Chancellor for life of the [[Uttarakhand]
4
Sanskrit Vishvavidya, Haridwar]
3
.
(2) The Pro-Chancellor shall, in the absence of the Chancellor, preside at
meetings of the Court and at any convocation of the Vishvavidyalaya.
(3) The Pro-Chancellor shall have such other powers as may be conferred
upon him by or under this Act or the Statutes.
The Vice-
Chancellor
12- (1) The Vice-Chancellor shall be a whole time salaried officer of the
University and shall be appointed by the Chancellor except as provided by sub-
section (5) or sub-section (10) from amongst the persons whose names are
submitted to him by the Committee constituted in accordance with the provisions
of sub-section (2).
(2) The Committee referred to in sub-section (1) shall consist of the
following members, namely :-
(a) [at least three months before the date on which a vacancy in the
office of the Vice Chancellor is due to occur by reason of expiry of his
term]
1
one person (not being a person connected with the University, an
Institute a constituent college, an associated or affiliated college or a hall or
Hostel) to be elected by the Executive Council;
(b) one person who is or has been a Judge of the High Court of
Judicature at Allahabad including the Chief Justice thereof, nominated by the
said Chief Justice ; and
(c) one person to be nominated by the Chancellor who shall also be the
convener of the Committee :
[Provided that where the Executive Council fails to elect any person in
accordance with clause (a) then the Chancellor shall nominate in addition to
the person nominated by him under clause (c), one person in lieu of the
representative of the Executive Council]
2
.
1- Added by section 4 (a) (i) of U. P. Act No. 5 of 1977.
2- Insertion by section 4 (a) (ii) ibid.
3- Subs. by section 2 of Uttarakhand Act No. 17 of 2005.
4- Subs. by section 2 of Uttarakhand Act No. 06 of 2011.
192
[The Uttar Pradesh State Universities Act, 1973] [Section 12]
(3) The Committee shall, as far as may be, at least sixty days before the date
on which a vacancy III the office of the Vice-Chancellor is due to occur by reason
of expiry of term or resignation under sub-section (7), and also whenever so
required and before such date as may be specified by the Chancellor, submit to the
Chancellor the names of not less than three and not more than five persons suitable
to hold the office of the Vice-Chancellor. The Committee Shall, while submitting
the names, also forward to the Chancellor a concise statement showing the
academic qualifications and other distinctions of each of the persons so
recommended, but shall not indicate any order of preference.
(4) Where the Chancellor does not consider anyone or more of persons
recommended by the Committee to be suitable for appointment as Vice-Chancellor
or if one or more of the persons recommended is or are not available for
appointment and the choice of the Chancellor is restricted to less than three
persons, he may require the committee to submit a list of fresh names in
accordance with sub-section (3).
(5) If the Committee in the case referred to in sub-section (3) or sub-section
(4) fails or is unable to suggest any names within the time specified by the
Chancellor, [or if the Chancellor does not consider anyone or more of the first
names recommended by the committee to the suitable for appointment as Vice-
Chancellor]
2
another Committee consisting of three persons of academic eminence
shall be constituted by the Chancellor which shall submit the names in accordance
with sub-section (3).
(6) No act or proceeding of the Committee shall be invalidated merely by
reason of the existence of a vacancy or vacancies among its members or by reason
of some person having taken part in the proceedings who is subsequently found not
to have been entitled to do so.
(7) The Vice-Chancellor shall hold office for a term of three years from the
date on which he enters upon his office :
Provided that the Vice-Chancellor may by writing under his hand addressed
to the Chancellor resign his office, and shall cease to hold his office on the
acceptance by the Chancellor of such resignation.
(8) Subject to the provisions of this Act, the emoluments and other conditions
of service of the Vice-Chancellor shall be such as maybe determined , by the State
Government by general or special order-in that behalf.
(9) The Vice-Chancellor shall not be entitled to the benefit of any pension,
insurance or provident fund constituted under section 33:
[Provided that when any teacher or other employee of any University or any
affiliated or associated college is appointed as Vice-Chancellor, he shall be
allowed to continue to contribute to the provident fund to which he is a subscriber
and the contribution of the University shall be limited to what it had been
contributing immediately before his appointment as Vice-Chancellor.]
1
1- Added by section 3 of UP Act No 21 of I975 and be deemed always to have been
inserted.
2- Ins. by section 4 (b) of UP Act No 5 of 1977 and be deemed always to have been
inserted.
193
[The Uttar Pradesh State Universities Act, 1973] [Section 13]
(10) In any of the following circumstances of the existence(of which the
Chancellor shall be the sole judge), the Chancellor may appoint any suitable
person, to the office of Vice-Chancellor for a term not exceeding six months as he
may specify-
(a) where a vacancy in the office of Vice-Chancellor occurs , or is
likely to occur by reason of leave or any other cause, not being resignation or
expiry of term, of which a report shall forthwith be made by the Registrar to
the Chancellor;
(b) where a vacancy in the office of Vice-Chancellor occurs and it
cannot be conveniently and expeditiously filled in accordance with the
provisions of sub-sections (1) to (5) ;
(c) any other emergency :
Provided that the Chancellor may, from time to time, extend the term of
appointment of any person to the office of Vice-Chancellor under this sub-
section, so however, that the total term of such appointment (including the
term fixed in the original order) does not exceed one year.
(11) Until a Vice-Chancellor appointed under sub-section (1) or sub-section
(5) or sub-section (10) assumes office, the Pro-Vice-Chancellor, if any, or where
there is no Pro-Vice-Chancellor, the senior most Professor of the University in the
case of the University of Gorakhpur and any University mentioned in or specified
under section 38, or the senior-most Principal of an affiliated college in the case of
any other University shall discharge the duties of the Vice-Chancellor as well.
{(12) If in the pinion 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 inquiry as he deems proper, by order, remove the Vice-
Chancellor.
(13) During the pendency or in contemplation, of any inquiry referred to in
sub-section (12) 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 under sub-section (8);
(b) the functions of the office of the vice-Chancellor shall be performed
by the person specified in the order.}
1
Powers and
duties of the
Vice-
Chancellor
13- (1) The Vice-Chancellor shall be the principal executive and academic officer
of the University and shall-
(a) exercise general supervision and control over the affairs of the
University including the constituent colleges and the Institutes maintained by
the University and its affiliated and associated colleges ;
1- Ins. by section 5 of U.P Act No. 20 of 1994.
194
[The Uttar Pradesh State Universities Act, 1973] [Section 13]
(b) give effect to the decisions of the authorities of the University ;
(c) in the absence of the Chancellor, preside at meetings of the Court
and 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 academic session of
the University starts and ends on proper dates.]
2
(2) He shall bean ex-officio member and Chairman of the Executive Council,
Academic Council and the Finance Committee.
(3) He 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, the Statutes and the Ordinances and he
shall, without prejudice to the powers of the Chancellor (under sections 10 and 68]
l
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 Court, the Academic Council and
the Finance Committee :
Provided that he may delegate this power to any other officer of the
University.
(6) {Other than appointment of teacher of the University}
1
is of urgent nature
requiring immediate action and the same could not be immediately dealt with by
any officer or the authority or other body of the University empowered by or under
this Act to deal with it, the Vice-Chancellor may take such action as he may deem
fit and shall forthwith report the action taken by him to the Chancellor and also to
the officer, authority or other body who or which in the ordinary course would
have dealt with the matter :
Provided that no such action shall be taken by the Vice-Chancellor without
the previous approval of the Chancellor, if it would involve a deviation from the
provisions of the Statutes or the Ordinances :
Provided further that if 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 In have
affect or, as the case may be, taken 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;
1. Subs by section 7 of U. P. Act no. 29 of 1974.
2. Ins. by section 5 of U.P Act No. 5 of 1977.
3. Ins. by section 2(a) of U.P Act No. 1 of 1992.
195
[The Uttar Pradesh State Universities Act, 1973] [Section 14-15]
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) Where the exercise of the power by the Vice-Chancellor under sub-
section (6) involves the appointment of an officer {***}
1
such appointment shall
terminate on appointment being made in the prescribed manner or on the
expiration of a period of six months from the date of the order of the Vice-
Chancellor which ever is earlier.
(9) The Vice-Chancellor shall exercise such other powers as may be laid
down by the Statutes and the Ordinances.
The Pro-Vice
Chancellor
14- (1) This section applies only to the Universities of Luck now, Allahabad and
Gorakhpur and to any other University specified in that behalf by the State
Government by notification in the Gazette.
(2) The Vice-Chancellor, if he considers necessary may appoint a Pro-Vice-
Chancellor from amongst the Professors of the University.
(3) The Pro-Vice-Chancellor appointed under sub-section (2) shall discharge
his duties in addition to his duties as a Professor.
(4) The Pro-Vice-Chancellor shall hold office at the pleasure of the Vice-
Chancellor.
(5) The Pro-Vice-Chancellor shall get an honorarium of Rupees three
hundred per months.
(6) The Pro-Vice-Chancellor shall assist the Vice-Chancellor in respect of
such matters as may be specified by the Vice-Chancellor in this behalf from time
to time and shall preside over the meetings .of the University in 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
15- (1) There shall be a Finance Officer for the University who shall be appointed
by the State Government by a notification published in the Official Gazette, 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 accounts to the Executive Council and also for
drawing and disbursing funds on behalf of the University.
(3) He 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.
1- Omitted by section 2 (b) of U.P Act No. 1 of 1992.
196
[The Uttar Pradesh State Universities Act, 1973] [Section 16]
(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 investments );
(b) to disallow any proposed expenditure which may contravene the
provisions of this Act or the terms of any Statutes Or Ordinances ;
(c) to ensure that no other financial irregularity is committed and to take
steps to set right any irregularities pointed out during audit;
(d) to ensure that the property and investment of the University are duly
preserved and managed.
(5) The Finance Officer shall have access to and may require the production
of such records and documents of the University and the furnishing of such
information pertaining to its affairs as in his opinion may be necessary for the
discharge of his duties.
(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.
The Registrar 16- (1) The Registrar shall be a whole-time Officer of the University.
(2) The Registrar shall be appointed in accordance with, and his conditions of
service shall be governed by, rules made under section 17.
(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, the Court, {the Academic Council and the Admission
Committee}
1
and of every Selection Committee for appointment of teachers of the
University, and shall be bound to place before these authorities all such
information as may be necessary for the transaction of their business. He shall also
perform such other duties as may be prescribed by the Statutes and Ordinances or
required, from time to time by the Executive Councilor the Vice-Chancellor but he
shall not, by virtue of this sub-section, be entitled to vote.
(5) {***}
2
(6) The Registrar shall not be offered nor shall he accept any remuneration for
any work on the University saves such as may be provided for by rules made under
section 17.
1- Substituted words by section 3 (a) of U. P. Act No. 14 of 1995.
2- Omitted by section 3 (b) ibid.
197
[The Uttar Pradesh State Universities Act, 1973] [Section 16A-17]
{The Controller
of
Examination
16-A (1) This section applies only to the Universities of Lucknow, Allahbad,
Gorakhpur and Kanpur and to any other University specified in that behalf by the
State Government by notification in the official Gazette.
(2) The Controller of Examinations shall be a whole one other of the
University.
(3) The Controller of Examinations shall be appoints by the State Government
by a notification published in the official Gazette and his remuneration and
allowances shall be paid by the University.
(4) The Controller of Examinations shall be responsible for the due custody of
the records pertaining to his work. He shall be ex-officio Secretary or the
Examinations Committee or the University and shall be bound to place before such
Committee all such information as may be necessary for transaction o fits
business, he shall also perform such other duties as may be prescribed by the
Statutes and Ordinances or required, from time to time, by the Executive Council
or the Vice-Chancellor but he shall not, by virtue or this sub-section, be entitled to
vote. He may require, from any office or institute of the University, the production
of such return or the furnishing of such information as may be necessary for the
discharge of his duties.
(5) 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.
(6) Subject to the Superintendence of the Examinations Committees the
Controller of Examinations shall conduct the Examinations and make all other
arrangements thereof and be responsible for the due execution or all processes
connected therewith.
(7) The Controller of Examinations shall not be offered not shall be accept
any remuneration for any work in the University, except in accordance with the
order or the State Government.
(8) While the Controller of Examinations is for any reason is 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 called.
[Duties of
Registrar with
respect to
examinations
in certain
Universities
16-B In the Universities to which the provisions of section 16-A do not apply, the
duties of the Controller of Examinations shall be discharged by the Registrar and
with respect to such Universities the Registrar shall be deemed to be the Controller
of Examinations for the purposes of this Act.}
2
Centralization
of services of
Registrars,
Deputy Regis-
trars and
Assistant
Registrars
17- (1) The State Government shall, by rules made by notification in the official
Gazette, provide for the creation of a separate service of Registrars, Deputy
Registrars and Assistant Registrars common to all the Universities and regulate the
recruitment to and conditions of service of persons appointed to any such service:
[Provided that any rules made under this sub-section may be made
retrospectively to a date not earlier shall October 31, 1975.]
1
1- Ins. by section 6 (a) of U, P. Act No.5 of 1977.
2- Ins. section 16-A and 16-B by section 4 of U.P. Act no. 14 of 1995.
198
[The Uttar Pradesh State Universities Act, 1973] [Section 18-18A]
(2) When any such service is created, the persons then serving on [the
administrative posts of Registrars, Deputy Registrars and Assistant Registrars]
1
if
confirmed before May 14, 1973, shall be absorbed in the service finally and other
persons serving on the said pasts may, if found suitable, be absorbed in such
service either provisionally or finally, and if, in the later case any person is not
absorbed finally,
then his services shall be deemed to have been terminated on payment of one
months salary as compensation.
(3) Where any person referred in sub-section (2) is absorbed in the service,
the conditions of service applicable to him shall no the less advantageous than
those applicable to him before his absorption, except that he shall be liable to
transfer from one University to another:
[Provided that such absorption in the service shall not operate as a bar against
holding or continuing to hold any disciplinary proceeding against a member of the
service in respect of any act committed before the date of such absorption.]
2
(4) All rules made under this section shall, as soon as may be after they are
made, be laid before each House of the State Legislature it is in session, for a total
period of not less than thirty days extending in its one session or more than one
successive sessions and shall unless some later date is appointed, take effect from
the date of their publication in the Gazette subject to such modifications or
annulments as the two Houses of the Legislature may during the said period agree
to make, so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done thereunder.
Other officers 18- The powers of officers of the University other than the Chancellor, the Pro-
Chancellor, the Vice-Chancellor, the Pro-Vice-Chancellor, the {Finance Officer,
the Registrar and the Controller of the Examinations, if any appointed}
3
shall be
such as may be, laid down by the Statutes and the Ordinances.
4
{CHAPTER IV-A
CO-ORDINATION COUNCIL AND CENTRAL BOARD OF STUDIES
Co-ordination
Council
18-A (1) There shall be a Co-ordination Council which shall consist of the
Chancellor as its Chairman, and the following other members, namely:-
(i) the Vice-Chancellors of the Universities;
(ii) the Chairman of the Uttar Pradesh State Council of Higher
Education;
(iii) the Secretary to, the State Government in the Judicial Department;
(iv) the Secretary to the State Government in the Finance Department;
(v) the Secretary to the Governor;
1. Substituted by section 8 of U.P. Act No. 29 of 1974.
2. Ins. and always be deemed to be Ins. by section 6 (b) of U, P. Act No.5 of 1977.
3. Ins. by section 5 of U.P. Act no. 14 of 1995.
4. A new Chapter IV-A added by section 6 of U. P. Act No.4 of 1996.
199
[The Uttar Pradesh State Universities Act, 1973] [Section 18-B]
(vi) the Secretary to the State Government in the Higher Education
Department who shall be ex-officio of the Co-ordination Council.
(2) Subject to the recommendations of, or guidelines issued by, the University
Grants commission, the powers and functions of the Co-ordination Council shall
be a follow, namely—
(a) to recommend common courses of study for a Bachellor’s Degree;
(b) to recommend in respect of the constitution of a Central Board of
Studies for the foundation course or for each subject or group of subjects;
(c) to recommend ways and means of co-operation in academic
programmes amongst the Universities;
(d) to consider and recommend matters of common interest to the
Universities.
(3) The Co-ordination Council shall meet at Lucknow or at such other place
and at such intervals as the Chancellor may determine.
Central Board
of Studies
18-B (1) There shall be Central Board of Studies for the foundation course or such
other subjects or group of subjects as the Chancellor may, on the recommendation
of the co-ordination Council, by order direct.
(2) The Central Board of Studies for the foundation course shall consist of—
(i) one teacher from each University not below the rank of a Reader or a
Principal of an affiliated or associated college, nominated by the Vice-
Chancellor; and
(ii) five educationists who are on the Eminent Professor’s list of the
University Grants Commission nominated by the Chancellor on the
recommendation of the co-ordination Council.
(3) The Central Board of Studies for other subjects or group of subjects shall
consist of—
(i) the Convenor, Board of studies of each University in respect of the
subject or group of subjects for which the Central Board of Studies is to be
constituted:
Provided that if a University does not have a Board of studies in the
subject or group of subjects, the Vice-Chancellor may nominate any teacher
not below the rank of a Reader in the University or a Principal of an affiliated
or associated college;
(ii) one Head of the Department in an affiliated or associated college
nominated by the Chancellor, teaching the subject up to the post graduate
level;
(iii) one Head of Department in an affiliated or associated college
nominated by the Chancellor, teaching the subject up to the degree level;
(iv) three experts on the subject who are on the Eminent professor’s list
of the University Grants Commission, nominated by the Chancellor on the
recommendation of the Co-ordination Council; and
(v) two other experts on the subject from outside the State nominated by
the Chancellor.
200
[The Uttar Pradesh State Universities Act, 1973] [Section 18C]
(4) The Chancellor shall nominate the Chairman of the Central Board of
studies--
(i) for Foundation course from amongst the members referred to in
clause (i) of sub-section (2), and
(ii) for other subject or group of subjects, from amongst the members
referred to in clauses(i) and (ii) of sub-section (3).
(5) The constitution of the Central Board of Studies and the nomination of the
Chairman and the members thereon, other than ex-officio members, shall be
notified by the State Government.
(6) The term of the Central Board of studies shall be three years from the date
of notification referred to in sub-section (5) and the term of the Chairman and the
members shall be co-terminus with it:
Provided that the term of office of a member nominated to fill a casual
vacancy shall be for the remainder of his predecessor’s term.
(7) Subject to the recommendation of, or guidelines issued by, the University
Grants Commission, the functions of the Central Board of Studies shall be as
follows, namely:-
(a) subject to the recommendations of the co-ordination Council and the
approval of the Chancellor, to prescribe the courses of study and
examinations, and the academic calendar, and to recommend text books and
other books for undergraduate level;
(b) to consider and report on any matter referred to it by the co-
ordination council, or the Chancellor; and
(c) to perform such other functions consistent with this Act within such
time as the Chancellor may, by an order in writing, require it to perform.
(8) In carrying out its functions, the Central Board of studies may consult
such experts also who are not its members.
(9) The recommendations of the Central Board of studies approved by the
Chancellor shall come into force in respect of all Universities in the State with
effect from the date as may be specified by the Chancellor.
(10) The Chancellor may at any time suspend, modify or amend any decision
of the Central Board of studies on the ground that it does not fulfill the objectives
set out in this section and may direct such Board to consider the matter afresh.
Secretarial
assistance
18-C The Uttar Pradesh State Council of Higher Education constitute under the
Uttar Pradesh State Council of Higher Education Act, 1995 shall provide
secretarial assistance to the co-ordination Council and the Central Boards of
Studies.}
1
1- A new chapter IV-A added by section 6 of U. P. Act No.4 of 1996.
201
[The Uttar Pradesh State Universities Act, 1973] [Section 19-20]
CHAPTER V
AUTHORITIES OF THE UNVERSITY
Authorities of
the University
19- The following shall be the authorities of the University :-
(a) the Executive Council ;
(b) the Court;
(c) the Academic Council;
(d) the Finance Committee;
(e) the Boards of Faculties ;
(f) the Selection Committees for appointment of teachers of the
University;
(g) the Admissions Committee;
(h) the Examinations Committee; and
(i) such other authorities as may be declared by the Statutes to be
authorities of the University.
Constitution of
the Executive
Council
20- (1) The Executive Council shall consist of-
(a) the Vice-Chancellor, who shall be the Chairman there of;
(b) the Pro-Vice-Chancellor, if any;
(c) the Deans of two Faculties, by rotation in the manner prescribed ;
{(d) in the case of Universities of Kumaun and Bundelkhand and the
Coctor Bhimrao Ambedkar Univesity, Agra, the Chhatrapati Shahu Ji
Maharaj University, Kanpur, the hemvati Nandan Bahuguna Garhwal
University, the Chaudhary Charan Singh University, Meerut, the Doctor Ram
Manoher Lohia Avadh University, Faizabad and the Mahatma Jyotiba Phule
Rohilkhand University, Bareilly,--
(i) one Professor other than the Pro-Vice-Chancellor or a Dean
referred to in clause (c) above, one reader and one lecturer of the
University, to be selected in the manner prescribed,
(ii) three Principals and two other teachers of affiliated colleges to
be selected in the manner prescribed,
and in the case of any other University mentioned in or notified under sub-
section (1) of section 37, four Principals and four other teachers of affiliated
colleges to be selected in the manner prescribed;
(dd) in the case of the Deen Dayal Upadhaya Gorakhpur University,
Gorakhpur,--
(i) one Professor other than the Pro-Vice-Chancellor or a referred
to in clause (c) above, one Reader and one Lecturer of the University to
be selected in the manner prescribed;
202
[The Uttar Pradesh State Universities Act, 1973] [Section 20]
(ii) one representative of Maharana Pratap Shiksha Parishad,
Gorakhpur to be elected by the said Parishad from amongst its
members;
(iii) three Principals and two other teachers of affiliated colleges,
to be selected in the manner prescribed;}
6
(e) in the case of a University mentioned in or notified under sub-
section (1) of section 38-
(i) two Professors (other than the Pro-Vice-Chancellor or a Dean
referred to in clause (c) above), two Readers and two Lecturers of the
University, to be selected in the manner prescribed ;
(ii) one Principal of an associated college to be selected in the
manner prescribed;
(f) four persons to be elected by members of the Court from among
such of them as are not enrolled as students of or in the service of the
University or an Institute or of a constituent college or an affiliated or
associated college or hall or hostel ;
(g) four persons of academic eminence to be nominated by the
Chancellor.
{Provided that one of the persons so nominated shall be a person who is
or has been a Judge of the Supreme Court or High Court;}
2
{((h) one person, from amongst the reputed industrialists who have
made valuable contribution in the held of higher education to be nominated by
the State Government;}
3
{(2) The terms of office of members mentioned in –
(i) clauses (c), (d) and (e) of sub-section (I) shall be one year;
(ii) clauses (f) for sub-section (1) shall be three years;
(iii) {clause (g) or clause (h)}
4
of sub-section(1) shall be two years.}
1
(3) No person shall be a member of the Executive Council under clause (f) {or
clause (g) or clause (h)}
5
of sub-section (1) for more than two consecutive terms.
(4) Notwithstanding anything in sub-section (1) no person shall be elected or
nominated as a member of the Executive Council unless he is a graduate.
1- Subs by section 2 of U. P. Act no. 10 of 1982.
2- Added proviso by section 2 of U. P. Act no. 09 of 1988.
3- Ins. by section 6(a) of U. P. Act no. 14 of 1995.
4- Sub. by Sec. 6(b) ibid.
5- Sub. by Sec. 6(c) ibid.
6- Sub. by Sec. 2 of U. P. Act no. 20 of 1999.
203
[The Uttar Pradesh State Universities Act, 1973] [Section 21]
(5) A person shall be disqualified for being chosen as and for being, a
member of the Executive Council if he or his relative accepts any remuneration for
any work in or for the University of any contract for the supply of goods to or for
the execution of any work for the University:
Provided that nothing in this sub-section shall apply to the acceptance of any
remuneration by a teacher as such or for any duties performed in connection with
an examination conducted by the University or for any duties as Superintendent or
Warden of a training unit or any hall or hostel or proctor or tutor or for any duties
of a similar nature in relation to the University.
Explanation-- In this 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 brothers
daughter.
Power and
duties of
Executive
Council
21- (1) The Executive Council shall be the principal executive body of the
University and subject to the provisions of this Act have the following power
namely-
(i) to hold and control the property and funds of the University;
(ii) to acquire or transfer any movable or immovable property on
behalf of the University;
(iii) to make, amend or repeal Statutes and Ordinances;
(iv) to administer any funds placed at the disposal of the University for
specific purposes;
(v) to prepare the budget of the University;
(vi) to award scholarships fellowships, bursaries, medals and other
rewards in accordance with the Statutes and Ordinances ;
(vii) to appoint officers teachers and other employees of the University
and to define their duties and the conditions of their service, and to provide
for the filling of temporary casual vacancies in their posts ;
(viii) [* * * ]
1
to fix the fees emolument and travelling and other allowances of the
examiners ;
(ix) [Subject to the provisions of see 37]
2
to admit any college to the
privileges of affiliation or recognition or enlarge the privileges of any college
already affiliated, recognized or withdraw or curtail any such privilege;
(x) to arrange for and direct the inspection of Institutes, affiliated,
associated or constituent colleges, halls, hostels and other places of residence
of students ;
1- Deleted by section 8 (a) of U.P. Act no. 5 of 1977.
2- Ins. by section 8 (b) ibid.
204
[The Uttar Pradesh State Universities Act, 1973] [Section 21]
(xi) to direct the form and use of the common seal of the University;
(xii) to regulate and enforce discipline among members of the teaching,
administrative and other staff of the University in accordance with the
Statutes and the Ordinances ;
(xiii) to manage and regulate the finances accounts, investments
property, business and all other administrative affairs of the University, and
for that purpose, to appoint such agents as it may think fit;
(xiv) to invest any money belonging to the University (including any
income from trust and endowed property) in such stocks, funds, shares or
securities as it shall from time to time think fit or in the purchases of
immovable property in India, with the like power of varying such investment
from time to time ;
(xv) to provide the buildings premises furniture and apparatus and other
means needed for carrying on the work of the University;
(xvi) to enter in to vary, carry out, and cancel contracts on behalf of the
University;
(xvii) to regulate and determine all other matters concerning the
University as well as Institutes constituent, affiliated and associated colleges
in accordance with this Act, the Statutes and the Ordinances.
(2) No immovable property of the University shall, except with the prior
sanction of the State Government, be transferred (except by way of letting from
month to month in the ordinary cause of management) by the Executive Council
by way of mortgage, sale ex change 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.
(3) No expenditure in respect of which approval of the State Government is
required by this Act or the Statutes or Ordinances shall be incurred except with
such approval previously obtained, and no post shall be created either in the
University or in any Institute or constituent college maintained by the University
except with the prior approval of the State Government [or except in accordance
with any general or special order of the State Government.]
1
[(3-A) The Executive Council may, with the prior approval of the University
Grants Commission and the State Government, create supernumerary post of a
teacher of the University with a view to enabling a teacher who is for the time
being holding a responsible position of national importance in India or abroad in
educational administration or other similar assignments, to retain his lien and
seniority as such teacher and also to continue to earn increments and his pay scale
during the period of his assignment aid to contribute towards, provident fund and
earn retirement benefits, if any, in accordance with the statutes :
Provided that no salary shall be payable to such teacher by the University for
the period of such assignment]
2
1- Insertion by section 4 of U. P Act no. 21 of 1975·
2- Added by section 8 (c) of U. P. Act No.5 of 1977.
205
[The Uttar Pradesh State Universities Act, 1973] [Section 22]
(4) The pay and other allowances to various categories of the employees of
the University or of any Institute or constituent college or affiliated or associated
college shall be such as may be approved by the State Government.
(5) The Executive Council shall not exceed the limits of recurring and non-
recurring expenditure to be incurred in each financial year fixed by the Finance
Committee.
(6) The Executive Council shall not take any action in regard to the number,
qualifications and emoluments of teachers, and the fees payable to examiners
except after considering the advice of the Academic Council and the Boards of
Faculties concerned.
(7) The Executive Council shall give due consideration to every resolution of
the Court and take such action thereon as it shall deem fit and report to the Court
the action taken or, as the case may be, the reasons for non-acceptance of the
resolution.
(8) The Executive Council may, subject to any conditions laid down in the
Statutes, delegate such of its powers as it deems fit to an officer or any other
authority of the University, or to a Committee appointed by it.
Sabha 22- (1) The Court shall consist of the following members; namely --
Class I-Ex officio Members
(i) the Chancellor ;
(ii) the members of the Executive Council;
(iii) the Finance Officer;
Class II-Life Members
(iv) in the case of an existing University, every person who was a life
member of the Court or Senate immediately before the commencement of this
Act;
Class III-Representatives of Teachers, etc.
(v) all heads of departments of the University and of constituent
colleges maintained by it ;
(vi) the Deans of Faculties of Medicine and Engineering, if they are not
members of the Executive Council;
(vii) two representatives of provosts and wardens of hostels and halls of
the University and of its constituent colleges and Institutes to be selected by
rotation in the manner prescribed ;
(viii) all principals of constituent colleges maintained by the State
Government ;
(ix) fifteen teachers to be selected in the manner prescribed;
(x) two representatives of the managements of the affiliated or
associated colleges to be selected by rotation in the manner prescribed;
206
[The Uttar Pradesh State Universities Act, 1973] [Section 23-24]
Class IV Registered Graduates
(xi) fifteen representatives of registered graduates to be elected by
registered graduates of such standing as may be prescribed from amongst such
of them as are not in the service of the University or of an Institute or of a
constituent college or in the service or connected with the management of
affiliated college associated college, hall or hostel;
Class V- : Representation of Students
(xii) one student from each of the Faculties, who having secured the
highest marks in that Faculty at the receding degree examination of any
University is pursuing a course of study for a post-graduate degree or a law or
a medical or engineering degree in the University (including an affiliated or
associated college)
Class VI
(xiii) [* * * ]
1
Class VII-Representatives of the State Legislature
(xiv) two members of the Legislative Council to be elected by it ;
(xv) five members of the Legislative Assembly to be elected by it.
(2) The term of office of members of each class, except Classes I, II and V,
mentioned in sub-section (1) shall be three years and the, term of the members of
the said Class V shall be one year.
Power and
duties of the
court
23- The Court shall be an advisory body and subject to the pro visions of this
Act, it shall have the following powers and functions, namely-
(a) to review, from time to time, the broad policies and programmes of
the University and to suggest measures for the improvement and development
of the University;
(b) to consider and pass resolutions on the annual report and the annual
accounts of the University and the audit report thereon;
(c) to advise the Chancellor in respect of any matter which may be
referred to it for ad vice, and
(d) to perform such other duties and exercise such other functions as
may be assigned to it by this Act or the Statutes or by the Chancellor.
Meeting of the
Court
24- (1) The Court shall meet once a year on a date to be fixed by the Vice-
Chancellor and such meeting shall be called the annual meeting of the Court.
(2) The Vice-Chancellor may, whenever he thinks fit, and shall upon a
requisition in writing signed by not less than one-fourth of the total membership of
the Court, convene a special meeting of the Court.
1- Omitted by section10 or U. P. Act No. 29 of 1974.
207
[The Uttar Pradesh State Universities Act, 1973] [Section 25-26]
Academic
Council
25- (1) The Academic Council shall be the principal academic body of the
University and subject to the provisions of this Act, the Statutes and the
Ordinances-
(a) shall have the control and general regulation of, and be responsible
for the maintenance of standard of instruction, education and research carried
on or imparted in the University, and
(b) may advise the Executive Council on all academic matters including
matters rei a ting to examinations conducted by the University; and
(c) shall have such powers and duties as may be conferred or imposed
upon it by the Statutes.
(2) The Academic Council shall consist of the following members, namely-
(i) the Vice-Chancellor ;
(ii) the Deans of all Faculties, if any;
(iii) all Heads of Departments of the University and where there is no
department in a subject in the University, the senior most teacher from
affiliated colleges, representing that subject on the Faculty concerned;
(iv) all professors of the University who are not Heads of Departments;
(v) the Principals of constituent colleges and the Directors of Institutes,
if any;
(vi) two professors from each constituent college, if any, by rotation in
order of seniority to be determined in the manner prescribed;
(vii) three Principals of affiliated or associated colleges to be selected
by rotation in the manner prescribed :
(viii) fifteen teachers to be selected in the manner prescribed;
(ix) the Dean of Student Welfare ;
(x) the Librarian of the University; and
(xi) five persons of academic eminence to be co-opted In the manner,
prescribed.
(3) Subject to the provisions of section [65]
1
the term of office of members
other than ex officio members shall be such as may be prescribed.
The Finance
Committee
26- (1) The Finance Committee shall consist of --
(a) the Vice-Chancellor;
{(aa) the Secretary to the State Government in the Higher Education
Department;
(aaa) the Secretary to the State Government in the Finance
Department;}
2
1. Substituted by section 9 of U. P. Act, No.5 of 1977.
2. Ins. by section 8 (a) of U. P. Act. No. 4 of 1996.
208
[The Uttar Pradesh State Universities Act, 1973] [Section 27]
(b) the Pro-Vice-Chancellor, if any ;
(c) the Registrar;
{(cc) the Controller of Examinations;}
2
(d) one person, not being a member of the Executive Council or the
Academic Councilor a person in the service of the University or an Institute or
of a constituent college, Or a member of the managing committee of any
affiliated or associated college, or a person in the service of such college, to
be elected by the Executive Council; and
(e) the Finance Officer who shall also be the Secretary of the
Committee.
{(1-A) A member referred to in clause (aa) or clause (aaa) of sub-section (1)
may, instead of attending any meeting of the Finance Committee himself, depute
an officer not below the rank of a joint Secretary to the State Government and an
officer so deputed shall also have the right to vote.}
3
(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 limits of expenditure so
fixed and the limits so fixed shall be binding on the Executive Council.
(3) The Finance Committee shall have such other, powers and duties as may
be conferred or imposed on it by this Act or the Statutes.
{(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 recommendations 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.}
4
The Faculties 27- (1) The University shall have such Faculties as may be prescribed.
(2) Each Faculty shall comprise such departments of teaching as may be
prescribed and each department shall have such subjects of study as may be
assigned to it by the Ordinance.
(3) There shall be a Board of each Faculty, the constitution (including the
term of office of its members) and powers-and duties or which shall be such as
may be prescribed.
(4) There shall be a Dean of each Faculty who shall be chosen from amongst
the Professors by rotation in order of seniority and shall hold office for three years:
[Provided that in the case of a Medical, Engineering, Ayurvedic or Fine Arts
College, the Principal of such college shall be the ex officio Dean of Medical,
Engineering, Ayurvedic or Fine Arts Faculty, as the case may be: ]
1
Provided further that where there is more than one such college, the Deanship
of each such Faculty shall rotate amongst the Principals of such colleges :
1. Substituted by section 11 (a) of' U. P. Act No. 29 of 1974.
2. Ins. by section 7 of U. P. Act. No. 14 of 1995.
3. Ins. by section 8 (b) of U. P. Act. No. 4 of 1996.
4. Ins. by section 8 (c) ibid.
209
[The Uttar Pradesh State Universities Act, 1973] [Section 28]
[Provided also that if there is no Professor, in the Faculty, the office of the
Dean shall be held by Readers and if there are no Readers, then by other teachers
in that faculty by rotation in order of seniority.]
2
(5) The Dean shall be the Chairman of the Board of Faculty and be
responsible for--
(a) the organization and conduct of the teaching and research work of
departments comprised in the Faculty; and
(b) the due observance of the Statutes, Ordinances and Regulations
relating to the Faculty.
[(6) In each Department of teaching in the University; there shall be a Head of
the Department whose appointment shall be regulated by Statutes :
Provided that every person holding the office of Head of Department
immediately before the date of commencement of this subsection shall, subject to
the provisions of this Act and the Statutes, continue to hold office on the same
terms and conditions as he held immediately before the said date.]
1
(7) The Head of Department shall be responsible to the Dean for the
organization of teaching in the department, and have such other powers and duties
as may be provided in the Ordinances.
(8) There shall be constituted in accordance with the provisions of the
Ordinances, Boards of Studies in respect of different subjects of study and more
than one subject may be assigned to one Board of Studies.
Admissions
Committee
28- (1) There shall be an Admissions Committee of the University the constitution
of which shall be such as may be provided for in the Ordinances.
(2) The Admissions Committee shall have the power to appoint such number
of sub-committees as it thinks fit.
(3) Subject to the superintendence of the Academic Council and to the
provisions of sub-section (5), the Admissions Committee shall lay down the
principles or norms governing the policy of admission to various courses of studies
in the University and may also nominate a person or a sub-committee as the
admitting authority in respect of any course of study in an Institute or a constituent
college maintained by the University.
(4) Subject to the provisions of sub-section (5), the Committee may issue any
direction as respects criteria or methods of admissions [including the number of
students to be admitted]
3
to constituent colleges maintained by the State
Government and to affiliated or associated colleges, and such directions shall be
binding on such colleges.
4
{(5) Notwithstanding anything contained in any other provision of this Act—
1- Substituted by section 10 of U. P. Act No. 5 of 1977.
2- Ins. by section 11 (b) ibid.
3- Ins. by section 11 (c) ibid.
4- Sub. by section 6 of U.P. Act no. 20 of 1994.
210
[The Uttar Pradesh State Universities Act, 1973] [Section 29]
(a) reservation of seats for admission in any course of study in
University Institute, constituent college, affiliated college or associated
college for the students belonging to the Scheduled Castes, Scheduled Tribes
and other backward classes of citizens may be made and regulated by such
orders as the State Government may, by notification, make in that behalf:
Provided that reservation under this clause shall not exceed fifty per
cent of the total number of seats in any course of study:
Provided further that reservation under this clause shall not apply in the
case of an institution established and administered by minorities referred to in
clause (1) of Article 30 of the constitution:
Provided also that the reservation under this clause shall not apply to
the category of other backward classes of citizens specified in Schedule II to
the Uttar Pradesh Public Services (Reservation for Scheduled Castes,
Scheduled Tribes and other Backward Classes), 1994.
(b) admission to medical and engineering college and to courses of
instruction for degrees in education and Ayurvedic or Unani systems of
medicine (including the number of students to be admitted), shall subject to
clause (a), be regulated by such orders (Which if necessary may be with
retrospective effect, but not effective prior to January 1, 1979) as the State
Government may by notification, make in that behalf:
Provided that no order regulating admission under this clause shall be
inconsistent with the rights of minorities in the matter of establishing and
administering educational institutions of their choice;
(c) in making an order under clause (a), the State Government may
direct that any person who wilfully acts in a manner intended to contravene,
or defeat the purposes of the order shall be punishable with imprisonment for
a term not exceeding three months or with fine not exceeding one thousand
rupees, or with both, as may be specified in the order.
(5-A) Every order made under clause (a) of sub-section (5) shall be laid, as
soon as may be, before both Houses of the State Legislature and the provisions of
sub-section (1) of section 23-A of the Uttar Pradesh General Clauses Act, 1904
shall apply as they apply in respect of rules made by the State Government under
any Uttar Pradesh Act.}
1
(6) No student admitted to any college in contravention of the provisions of
this section shall be permitted to take up any examination conducted by the
University, and the Vice-Chancellor shall have the power to cancel any admission
made in such contravention.
Examinations
Committee
29- (1) There shall be an Examinations Committee in the University the
constitution of which shall be as may be provided for in the Ordinances.
(2) Except as provided in sub-section (2) of section 42 the Committee shall
supervise generally all examinations of the University, including moderation and
tabulation, and perform the following other functions, namely :--
1- Substituted by section 6 of U. P. Act no, 20 of 1994.
211
[The Uttar Pradesh State Universities Act, 1973] [Section 30-31]
(a) to appoint examiners and moderators and if necessary, to remove
them;
(b) to review from time to time the results of 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,
finalise the same and declare the result of the University.
(3) The Examinations Committee may appoint such number of sub-
committees as it thinks fit, and in particular, may delegate to any one or more
persons or sub-committees 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 an
Exanimations Committee or, as the case may be, for a sub-committee or any
person to whom the Examinations Committee has delegated its power in shall
behalf under sub-sect ion (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.]
1
Other
authorities
30- The constitution, powers and duties of other authorities of' the University
shall be such as may be prescribed.
CHAPTER VI
APPOINTMENT AND CONDITIONS OF SERVICE OF TEACHERS AND
OFFICERS
Appointment
of teachers
31- (1) Subject to the provisions of this Act, the teachers of the University and the
teachers of an affiliated or associated college (other than a college maintained
exclusively by the State Government [ * * * ]
3
) shall be appointed by the Executive
Council or the Management of the affiliated or associated college, as the case may
be, on the recommendation of a Selection Committee in the manner hereinafter
provided, {the Section Committee shall meet as often as necessary.}
4
(2) The appointment of every such teacher, Director and Principal not being
an appointment under sub-section (3), shall in the first instance be on probation for
one year which may be extended for a period not exceeding one year:
Provided that no order of termination of service during or on the expiry of the
period of probation shall be passed-
[Provided further that no such order of termination shall be passed except
after notice to the teacher concerned giving him on opportunity of explanation in
respect of the grounds on which his services are proposed to be terminated:
Provided also that if a notice is given before the expiry of the period of
probation or the extended period of probation, as the case may be, the period of
probation shall stand extended until the final order of the Executive Council under
clause (a) of the first proviso or, as the case may be, until the approval of the Vice-
Chancellor under section 35 is communicated to the teacher concerned --]
2
1- Ins. by section 5(b) of U. P. Act No. 21 of 1975.
2- Ins. by section 12 (i) of U. P. Act No. 5 of 1977.
3- Deleted by section 10 of U.P. Act No. 12 of 1978.
4- Added by section 3(a) of U. P. Act No. 1 of 1992.
212
[The Uttar Pradesh State Universities Act, 1973] [Section 31]
(a) in the case of a teacher of the University, except by order of the
Executive Council made after considering the report of the Vice-Chancellor
and (unless the teacher is himself the Head of the Department), the Head of
the Department concerned;
(b) in the case of Principal of an affiliated or associated college, except
by order of the Management; and
(c) in the case of any other teacher of an affiliated or associated college,
except by order of the Management made after considering the report of the
Principal and (unless such teacher is the senior-most teacher of the subject),
also of the senior- most teacher of the subject.
(3) (a) In the case of teacher of the University other than a Professor, the
Vice-Chancellor in consultation with the Dean of the Faculty and the Head of the
Department concerned and an expert nominated by the Chancellor in that behalf
and in the case of a teacher of an affiliated or associated college, the Management
in consultation with an expert nominated by the Vice-Chancellor in that behalf
may make officiating appointment in a vacancy caused by the grant of leave to an
incumbent for a period not exceeding ten months without reference to the Selection
Committee, but shall not fill any other vacancy or post likely to last for more than
six months without such reference.
[(b) Where before or after the commencement of this Act, any teacher is
appointed (after reference to a Selection Committee) to a temporary post likely to
last for more than six months and such post is subsequently converted into a
permanent post, or to a permanent post; in a vacancy caused by the grant of leave
to an incumbent for a period exceeding ten months and such post subsequently
becomes permanently vacant or any post of same cadre and grade is newly created
or falls vacant in the same department, then unless the Executive Councilor the
Management, as the case may be, decided to terminate his services after giving an
opportunity to show cause, it may appoint such teacher in a substantive capacity to
that post without reference to the Selection Committee:
Provided that this clause shall not apply unless the teacher Concerned holds
the prescribed qualifications for the post at the time of such substantive
appointment, and he has served continuously for a period of not less than one year
after his appointment made after reference to a Selection Committee:
Provided further that appointment in a substantive capacity under this clause
of a teacher who had served, before such appointment, continuously for a period or
less than two years shall be on probation for one year which may be extended for a
period not exceeding one year and the provisions of sub-section (2) shall apply
accordingly;]
1
{(c) Any teacher of the University who was appointed as lecturer on or
before June, 30,1991 without reference to the Selection Committee by way of a
short term arrangement in accordance with the provisions for the time being in
force for such appointment, may be given substantive appointment by the
Executive Council, if any substantive vacancy of the same cadre and grade in the
same department is available on November 22, 1991 if such teacher- -
(i) is serving as such on November 22, 1991 continuously since such
initial appointment by way of short term arrangement;
1- Substituted by section 12 (ii) of U. P. Act No. 5 of 1977.
213
[The Uttar Pradesh State Universities Act, 1973] [Section 31]
(ii) possessed on November 22, 1991the qualification required for
regular appointment to the post under the provisions of the relevant Statutes in
force on the date of the initial appointment;
(iii) has been found suitable for regular appointment by the Executive
council. A teacher appointed by way of short term arrangement as aforesaid
who does not get a substantive appointment under this clause shall cease to
hold such post on such date as the Executive Council may specify.}
3
(4) (a) The Selection Committee for the appointment of a teacher of the
University (other than the Director of an Institute and. the Principal of a constituent
college), shall consist of-
(i) the Vice-Chancellor, who shall be the Chairman thereof;
(ii) the Head of the Department concerned :
Provided that the Head of the Department shall not sit in the Selection
Committee, when he is himself a candidate for appointment or when the post
concerned is of a higher rank than his substantive post and in that event his
office. shall be filled by the Professor in the Department and if there is no
Professor by the Dean of the Faculty:
[Provided further that where the Chancellor is satisfied that in the
special circumstances of the cage, a Selection Committee cannot be
constituted in accordance with the proviso preceding he may direct the
constitution of the Selection Committee in-such manner a he thinks fit;]
1
(iii) in the case of a Professor or Reader, three experts, and in any other
case, two experts to be nominated by the Chancellor ;
(iv) in the case of appointment of teachers in a department of a
constituent medical college upgraded under any scheme sanctioned by the
Central Government, one nominee each of the Central Government and the
State Government; :
(v) in the case of appointment of teachers of an Institute or constituent
college, the Director of the Institute or the Principal of the constituent college,
as the case may be.
(b) The Selection Committee for the appointment of the Director of an
Institute or the Principal of a constituent college shall consist of--
(i) the Vice-Chancellor, who shall be the Chairman thereof;
(ii) two experts to be nominated by the Chancellor.
(c) [* * *]
3
(d) [* * *]
3
1- Substituted by section 12 (iii) (1) act no. 5 of 1977.
2- Added by section 3(b) of U.P. Act no. 01, 1992.
3- Deleted by section 2 of Uttarakhand Act No. 14 of 2003.
214
[The Uttar Pradesh State Universities Act, 1973] [Section 31]
[(e) (i) Selection Committee for the appointment of Lectures in affiliated or
associated College (other than a college maintained exclusively by the State
Government or by a Local Authority) shall consist of—
(1) Chairperson of the Governing Body of the College or his/her
nominee shall be the Chairperson of the Selection Committee ;
(2) the principal of the concerned College;
(3) one senior teacher/head of the Department (of the subject
concerned) having at least ten years experience as lecturer;
(4) two nominees of the Vice-Chancellor of the affiliating University of
whom one should be subject expert;
(5) two members one of whom is subject expert not of the college to be
nominated by the Chairperson of the G