- 1- KING GEORGE’S MEDICAL UNIVERSITY, UTTAR PRADESH, LUCKNOW MEETING CELL In exercise of the powers conferred under sub-section (1) of section 45 of the King George’s Medical University, Uttar Pradesh Act, 2002 (U.P. Act No. 8 of 2002) and in supersession of all existing orders on the subject, the Executive Council of the King George’s Medical University makes the following regulations relating to the conduct and procedure to be followed at its meetings and other matters related or incidental thereto :- The KING GEORGE’S MEDICAL UNIVERSITY (Conduct and Procedure of Meeting of Executive Council) REGULATIONS, 2018.
CHAPTER – I PRELIMINARY Short title & commencement
1.01 These regulations may be called the King George’s Medical University (Conduct and Procedure of Meeting of Executive Council) Regulations, 2018.
Definitions
1.02 In these regulations, unless there is anything repugnant in the subject or context-
(a) ‘Act’ means the King George’s Medical University, Uttar Pradesh Act, 2002 as amended from time to time;
(b) ‘Council’ means the Executive Council of the University;
(c) ‘Meeting’ means a meeting of the Executive Council;
(d) ‘Secretary’ means the Secretary to the Executive Council;
(e) ‘Member’ means a member of the Executive Council duly specified under section 24 read with section 8 and includes the Chairperson;
(f) ‘Special Invitee’ includes the Finance Officer, the Controller of Examinations and any other Statutory Officer of the University, invited by the Council having no voting right;
(g) ‘Statutes’ means the King George’s Medical University, Uttar Pradesh First Statutes, 2011 as amended from time to time; and
(h) words and expressions used but not defined in these regulations shall have the meanings assigned to them in the Act and the Statutes.
Term of the members Statute 3.01(2)
1.03 (1) Subject to the conditions contained in sub-section (2) of section 50 of the Act, the term of the office of the members of the Executive Council, other than exofficio members, shall be three years, commencing from the date of its upcoming meeting.
(2) In the meeting of the Council, the member shall declare that he/she does not falls under the provisions of sub-section (3) of section 24 of the Act.
CHAPTER – II GENERAL The Secretary 2.01 The Registrar of the University shall be ex-officio Secretary of the Council. In his absence the Deputy Registrar or an officer nominated by him, with the prior approval of the Vice-Chancellor, shall act as the Secretary of the Council.
2.02 It shall be the duty of the Secretary of the Council to attend its meeting and to maintain the relevant records, registers and other documents provided for this purpose. In addition, the Secretary shall have -
(a) to ensure compliance of the provisions of the regulations alongwith all directions and resolutions passed by the Council;
- 2-
(b) to bring to the notice of the Council any irregularity, illegality or omission on its part;
(c) to provide every information asked for by the Council and
(d) other functions as may be entrusted to him from time to time.
Venue of meeting
2.03 The meeting of the Executive Council shall generally be held in the premises of the University, but the Vice-Chancellor may, in consultation with the members, call a meeting at a venue other than the University premises in special circumstances to be mentioned in the NOTICE to Members.
Category of meetings
2.04 The meeting of the Executive Council shall be of three categories:-
(a) Regular Meeting,
(b) Special Meeting, and
(c) Emergency Meeting.
2.05 (a) REGULAR MEETINGS of the Council may be held at such intervals as may be considered necessary but shall not be less than four in a calendar year.
(b) A SPECIAL MEETING of the Council may be called to resolve any urgent matter requiring the attention of the Council.
(c) In an emergent situation, that could not have been reasonably foreseen and which requires immediate attention and quick action to deal with it, by the Council, an EMERGENCY MEETING may be called by the Vice-Chancellor without providing any formal notice or agenda to the members as the meeting is unexpected and immediate by its nature.
CHAPTER – III SUMMONING OF MEETING
3.01 The meetings, other than an Emergency Meeting of the Council, shall be called by the Registrar under the directions of the Vice-Chancellor either on his own initiative or on a written request SIGNED BY atleast one-third of the effective members of the Council.
Special Meeting 3.02 In case of a Special Meeting, the Vice-Chancellor may call a meeting to deal with any urgent matter requiring the attention of the Council at any time after giving prior notice of atleast three days to the members. It may be done by communicating the agenda by-circulation to each member, through special messenger:
Provided that, no resolution shall be deemed to have been duly approved by the Executive Council by circulation, unless the resolution has been circulated in draft, together with the necessary papers, if any, to all the members of the Council, at their addresses registered with the University, preferably by hand delivery or by Speed Post or by e-mail, or through such electronic means as may be resolved from time to time and has been approved by a majority of the members:
Provided also that, where not less than one-third of the total number of members require that any resolution under circulation must be decided at a meeting, the Chairperson shall put forth the resolution to be decided at a regular or special meeting of the Executive Council as the occasion requires:
Provided further that a resolution shall be noted at a subsequent meeting of the Council and made part of the minutes of such meeting.
Emergency Meeting
3.03 An Emergency Meeting may be held by personal contacts (members assembled at a physical location) or e-mail or other electronic methods like videoconferencing. However, written consent or dissent of members on the PROCEEDING shall be necessary which may be transmitted electronically. Once a quorum is present, emergency action can be approved by a majority of members participating in the meeting.
Regular Meeting 3.04 Every notice calling a meeting of the Council shall specify the venue, date and the hour of the meeting and shall contain a list of point-wise agenda-items of the business to be transacted at such meeting. The notice shall be served on - 3- members of the Council including Special Invitees and Associated Persons, as may be applicable, by the Registrar atleast seven days previous to each meeting.
3.05 Proposals relating to vote of thanks, messages of congratulation or condolence, addresses and other matters of like nature may be moved with the permission of the Chair and no prior notice of such a proposal will be necessary.
3.06 Subject to the provisions contained in section 51 of the Act, any accidental omission to give notice to, or the non-receipt of such notice by any member or other person who is entitled to such notice for any meeting shall not invalidate the proceedings of the meeting.
Agenda Items 3.07 (1) With the notice of the meeting mentioned hereinabove, point-wise agenda items shall be circulated to members, special invitees and other relevant persons, as he thinks necessary, by the Registrar with the prior approval of the Vice- Chancellor.
(2) Such notice shall be served personally on the local members of the Council, failing which, it may be served on any adult member of his family.
(3) In other cases the notice shall be communicated by Speed Post or e-mail or any other electronic methods, whichever is feasible. In any condition, the successful communication will be ensured.
Framing the Agenda
3.08 Agenda of the meeting may be framed in the following sequence:-
(1) Pre-Agenda Items– Greeting to members (including new members), introduction by new members, message of congratulation etc, as applicable.
(2) Main Agenda Items –
(a) Confirmation of previous minutes,
(b) Action Taken Reports (A.T.R.) of previous minutes (datewise/itemwise)- if not complied, with reasons thereof, in detail and sequence,
(c) Other items as per the agenda to be considered,
(d) Last Agenda Item – Thanks to outgoing members, condolence etc.
Proposal to add on
3.09 A member who wants to move any matter, not included in the agenda, shall give a notice to the Registrar to be included in the agenda of the meeting, not less than seven days before the date fixed for the said meeting. The Registrar will include it in the agenda after attaining approval of the Vice-Chancellor thereon.
Final Agenda 3.10 The Registrar will circulate Final Agenda Items and Agenda Notes thereon with annexure, if any, to members jointly signed by the Vice-Chancellor and the Registrar before three clear days of the meeting. Supplementary agenda with notes may be communicated atleast 24 hours before the starting of the meeting.
3.11 At a special or emergency meeting, the subject for the consideration of which the meeting has been called for, shall only be discussed.
Quorum of meeting
3.12 At all the meetings of the Council, five members, inclusive of the Chairperson, shall form a quorum:
Provided that no quorum shall be necessary for an adjourned meeting.
Adjournment of the meeting
3.13 (1) At the appointed time or during a meeting, the Secretary shall take notice whether quorum is present. If the quorum is not present, the meeting shall be adjourned for fifteen minutes, and if necessary, further for another fifteen minutes. If still there is no quorum, the Chairperson may declare that the meeting shall be adjourned to a later hour on the same day or to a future date as he thinks fit. Accordingly, the notices shall be issued.
(2) At all adjourned meetings, no business other than that on the agenda of the original meeting shall be considered.
3.14 No matter, which had not been on the agenda of the meeting, shall be discussed at any meeting except with the prior permission of the Chairperson.
3.15 The Participation of members in a regular meeting of the Council shall be in person but in special circumstances and in rare cases, to be recorded in writing, video conferencing or other audio-visual means, as may be applicable, may be arranged. Video Conferencing should be capable of recording and recognising the participation of the members and of recording and storing the proceedings of - 4- such meetings along with date and time.
CHAPTER – IV CONDUCT OF BUSINESS Presiding officer
4.01 The Vice-Chancellor shall, preside over meetings of the Council. In his absence from any meeting, the members present shall elect one of the members from amongst themselves, to preside over that meeting.
Transaction of business
4.02 (1) The business of the meeting shall be transacted in the order in which it is entered in the agenda unless otherwise resolved in the meeting with the permission of the Chairperson.
(2) The Secretary shall put forth the factual position of the subject as per the Statutory provisions/orders in order to resolve the issue in the Council. The views of the Registrar may be recorded in the minutes of the Council distinctly, if he so desires.
(3) Provisions mentioned hereinabove shall mutatis mutandis apply to ‘Special Invitees’, in case of matters related to them.
4.03 (1) All matters which come up before the Council shall be resolved by a majority of the votes of the members present and voting at the time and, in the event of an equality of votes, the Chairperson or in his absence, the person presiding shall have a casting vote or second vote:
Provided that the Council shall obtain the opinion of the Finance Officer before passing a resolution involving financial implications. The views of the Finance Officer shall be recorded in the minute prepared under Chapter VI of these regulations.
(2) The number of members “FOR” and “AGAINST” the item may be recorded in the minutes and the resolution shall be taken accordingly.
4.04 An Audio-Video recording of the proceeding of a meeting will be ensured and maintained by the Registrar for three years unless-otherwise directed by any Authority or a Court of Law.
Association of an expert
4.05 (1) The Council may associate with itself any expert whose assistance or advice, it may thinks necessary in carrying out any of the provisions of the Act, statutes or ordinances or government orders without any right to vote.
(2) A person associated by the Council under sub-regulation (1) shall have a right to take part in the discussions relevant to that purpose.
(3) Preference may be given to the Agenda-Item in which assistance or advice of an Associate Member is required. After the discussion, he may be requested to leave the venue.
Re-opening of any matter
4.06 No matter once decided by the Council shall be re-opened within six months except with the consent of two-thirds of the members of the Council through a regular agenda item.
4.07 (1) During the course of a meeting, no person other than the members will remain in the meeting place unless called or permitted by the Chairperson.
(2) The concerned dealing officer/employee will be present alongwith concerned documents/records/files etc at anteroom during the discussion on the subject related to him. The Council may seek his assistance at any time, it thinks necessary and thereafter he may leave the place.
CHAPTER – V PROCESS OF DISCUSSIONS Bar of participation
5.01 Where any matter is related to a member, the member concerned will not participate in the discussions of that particular item and leave the meeting place before starting of that agenda item, for the period discussion on that agendaitem is not over, otherwise the resolution passed on that agenda-item shall be void. This will be mentioned in the minutes accordingly.
Point of order
5.02 Any member may, at any time in the course of discussion, rise and call the - 5- attention of the Chairperson to a point of order. If the Chairperson is of opinion that the point of order has been raised for the purpose of mere obstruction or of interruption to the discussion or to the business of the meeting, he will so declare which shall be complied with.
5.03 The Chairperson shall be the sole judge of any point of order and may, of his own instance or at the instance of a member, call to order any member who is speaking. If the member so called to order disregards such call, the Chairman may direct him to sit down which shall be complied with.
Question to Chair
5.04 (1) A question may be asked by a member of the Council for the purposes of obtaining information on a matter relating to the affairs of the University.
(2) The question shall be addressed to the Chair:
Provided that no question will be asked which does not satisfy the following conditions, namely:
(i) It shall be so framed as to be a request for information,
(ii) It must not contain arguments, inferences, ironical expressions or defamatory statements,
(iii) It must not ask for an expression of opinion or the solution of hypothetical proposition,
(iv) It must not refer to the character, competence or conduct of any person except in his official capacity.
(v) It must not refer to a matter which in the opinion of the Chairperson is of a confidential nature.
Admissibility of a question
5.05 (1) The Chairperson shall decide on the admissibility of a question and may disallow any question which, in his opinion, contravenes the above provisions, but in that case he shall give his reasons for disallowance to the member concerned.
(2) Reply shall be made by the Secretary or the Chairperson as the occasion requires.
Ruling by the Chair
5.06 The Chairperson shall decide all points of order on procedure or disputes which may arise in any meeting and his decision thereon shall be final.
CHAPTER –VI MINUTES OF MEETING Draft minutes
6.01 The draft minutes of the meeting as drawn up by the Secretary and the Chairperson shall be circulated amongst the members of the Council at the earliest, preferably within a week:
Provided that in case, one of these is not in service of the University or have gone out-side for atleast a week or in other unavoidable circumstances, the minutes may be authenticated by any of these officers present in the meeting as on date.
6.02 Within a fortnight of the issue of the draft minutes, members may communicate to the Secretary indicating any correction or suggestions etc therein. The Secretary will take cognizance of the same and seek approval of the Chairperson thereon.
Compliance of resolution
6.03 After the period mentioned hereinabove, if no suggestions or corrections have been received, the resolutions passed by the Council may be complied with:
Provided that in compliance of the court orders or in other urgent cases the resolution will be complied immediately, as the occasion requires.
Confirmation of minutes
6.04 The minutes alongwith amendment suggested, if any, shall be placed for confirmation at the next regular meeting of the Council as the first item in the agenda.
6.05 (1) After the minutes are confirmed by the Council, they shall be placed in the MINUTE-BOOK and the website of the University and circulated to all concerned for compliance and necessary action.
(2) Printed minutes of the meetings in book form shall be maintained and - 6- preserved permanently in easy volumes.
CHAPTER – VII MISCELLANEOUS Residuary powers
7.01 All such matters not specifically provided for in these regulations and all questions relating to detailed working of these rules shall be regulated in such manner as the Chairperson may from time to time direct.
Payment of TA, DA etc
7.02 Members, other than the University employees, of the Council shall be entitled to actual travelling expenses and daily allowance for attending the meetings of the Council or any of its committee at the rates laid down by the Council in consultation with the Finance Committee:
Provided that the members who are employees under the Central Government or the State Government shall be governed by their respective departmental rules or orders for travelling expenses.
Constitution of committees
7.03 (1) The Council may constitute Committee(s) for the purpose, it thinks necessary fit and may associate expert(s) to the Committee for specific purpose(s) in advisory capacity.
(2) The meeting of a Committee shall be held in private and its report shall be confidential.
(3) The committee will submit its report to the Vice-Chancellor who will place it before the Council, through the agenda.
(4) The Chairperson of the Committee may be invited by the Council to express his views regarding the recommendations of the Committee.
Delegation of powers Section 25(8)
7.04 The Council may delegate such of its powers, as it deems proper, to an officer or authority of the University, or to a committee appointed by it subject to such conditions as may be specified in the resolution.
Amendment in these regulations
7.05 Amendment in these regulations may be made by the Council by the majority of two-third of its members.
Removal of hardship
7.06 If operation of any provision of these regulations causes undue hardship in any particular case, the Vice-Chancellor, as the Chairperson may, in consultation with the Registrar, for reasons to be recorded in writing, dispense with or relax the requirement of that provision in a just and equitable manner.
Rajesh Kumar Rai Prof. M.L.B. Bhatt Secretary. Chairman.