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Section 44: (1) The University shall also establish a Development Fund to which the following amounts shall be credited; namely

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

(a) development fee which may be charged from students;

(b) all sums received from any other source for the purposes of the development of the University;

(c) all contributions made by the Promoting Society;

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

and

(e) All incomes received from the Permanent Endowment Fund.

(2) The funds credited to the Development Fund from time to time shall be utilized for the development of the University.

Maintenance of Fund

45. The funds established under sections 42, 43 and 44 shall, subject to general supervision and control of the Board of Governors, be regulated and maintained in such manner as may be prescribed.

Annual Report 46. (1) The annual report of the University shall be prepared under the direction of the Board of Management and shall be submitted to the Board of Governors for its approval.

(2) The Board of Governors shall consider the annual report in its meeting and may approve the same with or without modification.

(3) A copy of the annual report duly approved by the Board of Governors shall be sent to the Visitor and the State Government before 31 st December following closing of the financial year on 31 st March each year.

Accounts and Audit

47. (1) [The bank accounts of the University shall be opened in any nationalized bank or scheduled bank.]

1

(2) The annual accounts and balance sheet of the University shall be prepared under the direction of the Board of Management and all funds accruing to or received by the University from whatever source and all amounts disbursed or paid shall be entered in the accounts maintained by the University.

(3) The annual accounts of the University shall be audited by auditor, who is a member of the Institute of Chartered Accountants of India, every year.

(4) A copy of the annual accounts and the balance sheet together with the audit report shall be submitted to the Board of Governors well before 31 st December following closing of the financial year on 31 st March every year.

(5) The annual accounts, the balance sheet and the audit report shall be considered by the Board of Governors at its meeting and the Board of Governors shall forward the same to the Visitor and the State Government along with its observations thereon before the 31 st December each year.

(6) The directions of the State Government on the subject arising out of the account and the audit report of the University shall be binding on the University.

------------------------------------------------- 1-Subs. In section 7 of Uttrakhand Act, no. 16 of 2021.

Mode of proof of University Record

48. A copy of any receipt, application, notice, order, proceeding or resolution of any authority or committee of the University or other documents in possession of the University or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein recorded where the original thereof would, if produced, have been admissible in evidence.

Dissolution of University

49. (1) If Himalayan Institute Hospital Trust, Dehradun proposes dissolution of the Swami Rama Himalayan University in accordance with the law governing its constitution or incorporation, it shall give at least three months notice in writing to the State Government.

(2) On identification of mismanagement, mal-administration, indiscipline, failure in the accomplishment of the objectives of the University and economic hardships in the management systems of the University, the State Government would issue directions to the management system of the University. If the direction is not followed within such time as may be prescribed, the right to take decision for winding up of the University would vest in the State Government.

(3) The manner of winding up of the University would be such as may be prescribed by the State Government in this behalf :

Provided that no such action shall be initiated without affording a reasonable opportunity to show cause to the Himalayan Institute Hospital Trust.

(4) On receipt of the notice referred to in sub-section (1), the State Government shall, in consultation with the respective Statutory Council and UGC make such arrangements for administration of the University from the proposed date of dissolution of University and until the last batch of students in regular courses of studies of the University complete their courses of studies in such manner as may be prescribed by the Statutes.

(5) On dissolution of the University and after paying all the liabilities, the assets remaining with the University shall vest in the Promoting Society i.e.

Himalayan Institute Hospital Trust.

Expenditure of the University during Dissolution

50. (1) The expenditure for administration of the University during the taking over period of its management under section 49 shall be met out of the permanent endowment fund, the general fund or the development fund.

(2) If the fund referred to sub-section (1) is not sufficient to meet the expenditure of the University during the taking over period of its management, such expenditure may be met by disposing of the properties or assets of the University, by the State Government.

Removal of Difficulties

51. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by a notification or order, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient, for removing the difficulty:

Provided that no notification or order shall be made after the expiration of a period of three years from the commencement of this Act.

(2) Every order made under sub-section (1) shall, as soon as after it is made, be laid before the State Legislature.

Repeal and saving

52. (1) The Swami Rama Himalayan University Ordinance, 2012 is hereby repealed.

(2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.

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Where this provision sits

ActThe swami ram Himalyan act
Section44
Marginal note(1) The University shall also establish a Development Fund to which the following amounts shall be credited; namely
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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