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Section 27: Subject to the provisions of this Act, the Statutes may provide for all or any matter relating to the University and staff, as follows

The swami ram Himalyan actState Act of Uttarakhand · Act 12 of 2013

(a) Transaction of business of the Authorities of the University and the composition of bodies not specified in this Act;

(b) The operation of the permanent endowment fund, the general fund and the development fund;

(c) Appointment of the Chancellor, his powers and functions;

(d) Terms and conditions of appointment of the Vice-Chancellor, the Registrar and the Finance Officer and their powers and functions;

(e) Mode of Recruitment and the conditions of service of the other officers, faculty members and employees of the University;

(f) Resolving of disputes between the University and its officers, faculty members, employees and students;

(g) Disciplinary action against employees of the University;

(h) Disciplinary action against students of the University;

(i) Creation, abolition or restructuring of departments and faculties;

(j) Manner of co-operation with other Universities or institutions of higher education;

(k) Conferment of honorary degrees;

(l) Grant of freeships and scholarships;

(m) Number of seats in different courses of studies and the procedure for admission of students to such courses including reservation of seats for students of Uttarakhand;

(n) Institution of fellowships, scholarships, studentships, freeships, medals and prizes;

(o) Creation and abolition of posts; and

(p) Other matters which may be prescribed.

Statutes how made

28. (1) The first Statutes framed by the Board of Governors shall be submitted to the State Government for its approval, which may, within three months from the date of receipt of the Statutes give its approval with or without modification.

(2) Where the State Government fails to take any decision with respect to the approval of the Statutes within the period specified under sub-section (1) it shall be deemed to have been approved by the State Government.

Power to amend the Statutes

29. The Board of Governors may, with the prior approval of the State Government, make new or additional Statutes or amend or repeal the Statutes.

Rules 30. Subject to the provisions of this Act, the Rules may provide for all or any of the following matters:-

(a) Admission of students to the University and their enrollment and continuance as such;

(b) Laying down the courses of study for all degrees and other academic distinctions of the University;

(c) The award of degrees and other academic distinctions;

(d) The conditions of the award of fellowships, scholarships, studentships, medals and prizes;

(e) The conduct of examinations and the conditions and mode of appointment and duties of examining bodies, examiners, invigilators, tabulators and moderators;

(f) Fee chargable from students for various courses;

(g) The fee to be charged for admission to the examinations, degrees and other academic distinctions of the University;

(h) The conditions of residence of the students at the University or a [Constituent College/School] 1 ;

(i) Maintenance of discipline among the students of the University or a [Constituent College/School] 1 ;

(j) All other matters as may be provided in the Statutes and rules under this Act.

Rules how made

31. (1) The Rules shall be made by the Board of Governors and the rules so made shall be submitted to the State Government for its approval, which may, within two months from the date of receipt of the rules, give its approval with or without modification.

(2) Where the State Government fails to take any decision with respect to the approval of the rules within the period specified under sub-section (1), it shall be deemed to have been approved by the State Government.

Power to amend Rules

32. The Board of Governors may, with the prior approval of the State Government, make new or additional rules or amend or repeal the rules.

CHAPTER – VI Miscellaneous Provisions for Permanent Residents of Uttarakhand

33. (1) For admission in all courses conducted by the University, 40% seats shall be reserved for the permanent residents of the State of Uttarakhand, and if the reserved seats are vacant, than the said vacant seats may be filled by other students.

(2) For tuition fees fixed for various courses conducted by the University, 26% rebate shall be given to the permanent residents of Uttarakhand as mentioned in sub-section (1) above.

(3) All posts of Group ‘C’ and ‘D’ employees shall be filled by the permanent residents of the State of Uttarakhand based on their merits.

(4) For the reserved seats as mentioned in sub-section (1) above, the University shall comply with the State Government reservation policy as amended/ applicable from time to time.

Conditions of service of employees

34. (1) Every employee shall be appointed under a written contract, which shall be kept in the University and a copy of which shall be furnished to the employee concerned.

(2) Disciplinary action against the employees shall be governed by relevant Statutes.

(3) Any dispute arising out of the contract between the University and an employee shall be resolved by the procedure prescribed by the relevant statutes.

(4) Notwithstanding anything contained in this Act, the employees of University shall not be deemed to be Public Servants and would always remain as under the private employment of the University for the purpose of this Act or otherwise.

Right to Appeal

35. Every employee or student of the University or of a [Constituent College/School] 1 , Regional Centre, Study Centre etc. shall notwithstanding anything contained in this Act have a right to appeal within such time as may be prescribed, to the Board of Management against the decision of any officer or authority of the University or of the Principal/Dean of any such college, and thereupon the Board of Management may confirm, modify or change the decision appealed against.

Provident Fund and Pension

36. The University shall constitute for the benefit of its employees such provident or pension fund and provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed.

Disputes as to constitution of University Authorities and Bodies

37. If any question arises as to whether any person has been duly nominated or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.

Constitution of committees

38. Any authority of the University mentioned in section 20 shall be empowered to constitute a committee of such authority, consisting of such members and having such powers as the authority may deem fit.

Filling of casual vacancies

39. Any casual vacancy among the members, other than ex-officio members, of any Authority or body of the University shall be filled in the same manner in which the member, whose vacancy is to be filled up, was chosen, and the person filling the vacancy shall be member of such authority or body for the residue of the term for which the person whose place he/she fills would have been a member.

Protection of action taken in good faith

40. No suit or other legal proceedings shall lie against any officer or other employee of the University for anything, which is done in good faith or intended to be done in pursuance of the provisions of this Act, the Statutes or the Rules.

Transitional Provisions

Where this provision sits

ActThe swami ram Himalyan act
Section27
Marginal noteSubject to the provisions of this Act, the Statutes may provide for all or any matter relating to the University and staff, as follows
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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