(a) Vice-Chancellor, Technical University - Chairperson
(b) Principal Secretary/Secretary, Department of Finance or his/her nominee - Member
(c) Principal Secretary/Secretary, Department of Technical Education or his/her nominee - Member
(d) Principal Secretary/Secretary, Department of Higher Education or his/her nominee - Member
(e) Principal Secretary/Secretary, Department of Medical Education or his/her nominee - Member
(f) Principal Secretary/Secretary, Department of Law or his/her nominee - Member
(g) Two members of the Executive Council nominated by the Vice-Chancellor - Member
(h) Finance Officer, Uttarakhand Technical University; - Member] 1
(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 limit 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 Regulations.
(4) Unless a proposal having financial implications has been recommended by the Finance Committee, the Executive Council shall not take a decision thereon, and if the Executive Council disagrees with the recommendation 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 mater shall be referred to the Chancellor whose decision thereon shall be final.
Examination Committee
21. (1) There shall be an Examination Committee in the University, the constitution of which shall be such as may be provided for in the Regulations.
(2) The Committee shall supervise generally all the examinations of the University, including moderation and tabulation and perform the following functions, namely:-
(a) to appoint examiners and moderators and, if necessary, to remove them;
(b) to review from time to time the results of the 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, finalize the same and declare the result of the University.
1. Substituted by section 8 of Uttarakhand Act No. 10 of 2010.
(3) The Examination Committee may appoint such number of sub-committee as it thinks fit, and in particular, may delegate to any one or more persons or sub-committee, 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 the Examination Committee or as the case may be, for a sub-committee or any person to whom the Examination Committee has delegated its power in this behalf under sub-section (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.
(5) Subject to the provisions of this Act and the Regulation, the Examination Committee may issue such directions as it considers necessary for making arrangements for conduction the examinations.
Other Authorities
22. The constitution, powers and duties of other Authorities of the University shall be such as may be prescribed.
Constitution State Coordination Council for Technical Education
23. [[(1) For the purpose of effective co-ordination of Technical Education activities of the University set up in the State, particularly in relation to teaching, research, expansion of education and other similar activities and supervision over the academic and financial activities and programmes of the University, the State Government shall constitute a Council for Education and Research to be called the State Coordination Council for Technical Education.]
2
(2) The Council shall comprise the following Members namely :-
(a) the Principal Secretary/ Secretary to the State Government in-charge Higher Education, Medical Education, Agriculture and Law,
(b) the Vice-Chancellors of G.B. Pant University of Agriculture and Technology, Kumaun University, Technical University;
(c) the Principal Secretary/Secretary Department of Technical Education shall be the member Convener of the Council.
Note :- Senior most Principal Secretary/Secretary, shall preside over the meeting of the Council.]
1
(3) The State coordination Council shall have the power to issue necessary directions to the Universities, with the previous concurrence of the Chancellor, which shall be final and binding on the Universities.
(4) The Council shall, in conduction its business, determine such procedure as it may deem fit.
Chapter-V Affiliation Affiliation of Colleges
24. (1) This section shall apply to the colleges.
(2) The Executive Council may, with the previous sanction of the Chancellor, admit any college which fulfils such conditions of affiliation, as may be prescribed to the privileges of affiliation or enlarge the privileges of any college already affiliated or withdraw or curtail any such privilege.
1. Substituted by section 9 of Uttarakhand Act No. 10 of 2010.
2. Substituted by section 9 of Uttarakhand Act No. 26 of 20103
(3) It shall be lawful for a college to make arrangement with any other college situated in the same local area, or with the University, for co-operation in the work of teaching or research.
(4) Except as provided by this Act, the management of a college shall be free to manage and control the affairs of the college and be responsible for its maintenance and upkeep, and its principal shall be responsible for the discipline of its students and for the superintendence and control over its staff. Provided that where as the college of technology, Pantnagar though under the control of and attached to the G.B. Pant Agriculture and Technology University Pantnagar, yet the admission and academic function of the said college shall be conducted under the provision of this Act.
(5) Every college shall furnish such reports, returns and other particulars as the Executive Council or the Vice-Chancellor may call for.
(6) The Executive Council shall cause every college to be inspected from time to time at intervals not exceeding five years by one or more persons authorized by it in that behalf and a report of the inspection shall be made to the Executive Council.
(7) The Executive Council may direct a college so inspected to take such action as may appear to it to be necessary within such period as may be specified.
(8) The privileges of affiliation of a college which fails to comply with any direction of the Executive Council under sub-section (7) or to fulfill the conditions of affiliation may, after obtaining a report fro, the Management of the college and with the previous sanction of the Chancellor, be withdrawn or curtailed by the Executive Council in accordance with the provisions of the Regulations.
(9) Notwithstanding anything contained in sub-section (2) and (8), if the management of any college has failed to fulfill the conditions of affiliation, the Chancellor may, after obtaining report from the management and the Vice-Chancellor, withdraw or curtail the privileges of affiliation.
Disqualification for membership of management
25. Person shall be disqualified for being chosen as, and for being, a member of the management of a college (other than a college maintained exclusively by the State Government or by Local Authority), if he or his relative accepts any remuneration for any work in or for such college or any contract for the supply of goods to, or for the execution of any work for such college.
Explanation: - The term “relative” shall have the meaning assigned to it in the explanation to sub-section (4) of section 17.
Inspection and inquiry
26. (1) The State Government shall have the right to cause an inspection to be made by such person as it may direct, of any college, including its buildings, laboratories and equipments and also of the examinations, teaching and other work conducted or done by it, or cause an inquiry to be made in respect of any matter connected with the administration and finances of such college.
(2) Where the State Government decides to cause an inspection or an inquiry to be made under sub-section (1), it shall inform the Management of the college and a representative appointed by the management and where the management fails to appoint a representative, the principal of the college may be present at such inspection or inquiry and shall have the right to be heard on behalf of the management but no legal practitioner shall appear, plead or act on behalf of the college at such inspection or inquiry.
(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 the 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 of the Code of Criminal procedure, 1973 and any proceedings before him or them shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code.
(4) The State Government may communicate to the management of the College, the result of such inspection or inquiry and may issue direction as to the action to be taken and the Management shall forthwith comply with such direction.
(5) The State Government shall inform the Vice-Chancellor about the Communication made by it to the management under sub-section (4) 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.
(6) 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.
(7) If the University authorities do not, within a reasonable time, take action to the satisfaction of the State Government, the State Government may, after considering an explanation, which the University authorities may furnish, issue such direction, as it may think fit, and the University authorities shall be bound to comply with such directions.
(8) The State Government may, at any time, call for any information from the Management or principal of college in connection with such inspection or inquiry.
Institute 27. The University, with the prior approval of State Government may establish one or more institutes to organize and conduct teaching and research in any subject.
Bar of Charging any Donation etc.
for Admission to a College
28. No person connected with the management of a college and no principal or other teacher or employee thereof shall directly or indirectly take or receive or cause to be taken or received any contribution, donation, fees or any other payment of any sort, either in cash or in kind, except the fees at the rates laid down in the Regulations from or on behalf of any pupil as a condition for granting him admission to or permitting him after such admission to continue in such college.
Contribution and Conation to College
29. Where a contribution or donation, either in cash or in kind, is taken or received by any college including a college maintained exclusively by the State Government or a Local Authority, the contribution or donation so received shall be utilized only for the purpose for which it was given to it and in the case of a college maintained exclusively by the State Government any cash contribution or donation shall be credited to the personal ledger account of such institution which shall be operated in accordance with the general or special orders of the State Government.
Chapter-VI Regulations Regulations How Made
30. (1) The first Regulations of the University shall be made by the State Government by notification.
(2) The Executive Council may, from time to time, make new or additional Regulations or may amend or repeal the Regulations referred to in subsection (1) :
Provided that the Executive Council shall not make, amend or repeal any Regulation affecting the status, power or constitution of any Authority of the University until such Authority has been given a reasonable opportunity to express its opinion in writing on the proposed changes and any opinion so expressed has been considered by the Executive council.
[(3) Notwithstanding anything contained in the foregoing sub-sections, the State Government may in order to implement any decision taken by it in the interest of learning, teaching or research on the basis of any suggestion or recommendation of the University Grants Commission or All India Council for Technical Education or other various regulatory Councils of related to Professional Education or the State or National Education Policy require the Executive Council to make new or additional Regulation or amend or repeal the Regulation referred to in sub-section (1) or sub-section (2) within the specified period and if the Executive Council fails to comply with such requirement within reasonable time the State Government may make new or additional regulation or amend or repeal the regulation referred to in subsection (1) or sub-section (2).]
1 Regulations 31. Subject to other provisions of this Act the Regulations may provide for any matter relating to the University and shall in particular, provide for:-
(a) the appointment, powers and duties of the officers of the University;
(b) the constitution of Pension or provident Fund and the establishment of an insurance scheme for the benefit of the officers and employees of the University;
(c) the conferment of honorary degrees;
(d) the withdrawal of degrees and other academic distinctions;
(e) the conditions under which colleges may be admitted to the privileges of affiliation by the University and the conditions under which any such privilege may be withdrawn;
(f) the degrees and other academic distinctions to be awarded by the University, the Qualification for the same and the amounts to be taken relating to the granting and obtaining of the same;
(g) the fees to be charged for courses of the study in the University and for admission to the examinations, degrees and other academic distinctions of the University;
(h) the conditions of the award of the fellowships, scholarships, studentships, medals and prizes;
(i) the conduct of examinations including terms of office and manner of appointment and duties of examining bodies, examiners and moderators;
1. Substituted by section 6 of Uttarakhand Act No. 26 of 2013.
(j) the power to remove officers (excluding Chancellor) and employees of the University and their emoluments and terms and conditions of service;
(k) all other matters which by this Act are to be or may be provided for by the Regulations.
Chapter-VII Annual Reports and Accounts Annual Report 32. (1) The Annual Report of the University shall be prepared under the direction of the Executive council which shall include, among other matters, the steps taken by the University towards the fulfillment of its objects.
(2) The annual report so prepared shall be submitted to the Chancellor on or before such date as may be prescribed.
(3) A copy of annual report, prepared under sub-section (1) shall be submitted to the State Government also.
Accounts and Audit
33. (1) The annual accounts and balance sheet of the University shall be prepared under the direction of the Executive Council and shall, once at least every year, and at intervals of not more than fifteen months, be audited by the Director, Local Fund Accounts, [Uttarakhand] 1 or by such person or persons as the State Government may authorize in this behalf.
(2) A copy of the annual accounts and the balance sheet together with the audit report thereon shall be submitted to the State Government along with the observation, if any, of the Executive Council before the thirtieth of September, every year.
(3) Any observations made by the State Government on the annual accounts shall be brought to the notice of the Executive Council and the views of the Executive Council, if any, on such observations shall be submitted to the State Government.
Surcharge 34. (1) Whenever any complaint is received by the State Government regarding loss, waste or misapplication of any money or property of the University or the State Government on its own thinks fit, it may direct for special audit of the University to be done by the Director, Local Fund Accounts, [Uttarakhand] 1 or by any officer subordinate to him.
(2) On receiving special audit report, the State Government shall issue a notice to the officer of the University on account of whose negligence or misconduct, the loss, waste or misapplication referred to in sub-section (1), has occurred, calling upon him to explain his action within the time fixed by the state Government in this behalf.
(3) The State Government, after considering the audit report and the reply of the officer referred to in sub-section (2), may take suitable decision in this behalf.
(4) In the State Government is of the opinion that the officer should be held responsible for paying the surcharge determined by the State Government, the surcharge shall be recovered as land revenue arrears or in such other manner as may be directed by the State Government.
1. Substituted by section 2 of Uttarakhand Act No. 10 of 2010.
Chapter-VIII Miscellaneous Manner of Appointment of officers and members of the Authorities
35. (1) Except as expressly provided by this act, or the Regulations, officers of the University and members of Authorities of the University shall so far as possible, be chosen by methods other than election.
(2) Where a provision is made in this Act or the Regulation for any appointment by rotation or according to seniority or other qualifications, the manner of rotation and determination of seniority and other qualifications shall be such as may be prescribed.
Filling up of Casual Vacancies
36. (1) 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 fills would have been a member.
(2) A person who is a member of an Authority of the University as representative of another Body, whether of the University or outside, shall retain his seat on such Authority so long as he continues to be the representative of such Body.
Proceeding not to be invalidated by vacancy, etc.
37. Not act or proceeding of any Authority or Body or Committee of the University shall be invalid merely by reason of:
(a) any vacancy or defect in the constitution thereof, or
(b) some person having taken part in the proceedings who was not entitled to do so, or
(c) any defect in the election, nomination or appointment of a person action as member thereof, or
(d) any irregularity in its procedure not affection the merits of the case.
Removal from Membership of the University
38. The Executive Council may by a two-third majority of the members present and voting remove any person from membership of any Authority or other Body of the University on the ground that such person has been convicted of an offence which, in the opinion of the Executive Council, is an offence involving moral turpitude or upon the ground that he has been guilty of scandalous conduct or had behaved in a manner unbecoming of a member of the University and may upon the same grounds withdraw from any person any degree or certificate conferred or granted by the University.
Reference to the Chancellor
39. If any question arises whether any person has been duly elected or appointed as or is entitled to be member of any Authority or other Body of the University or whether any decision of any Authority or the officer of the University (including any question as to the validity of a Regulation) is in conformity with this Act or Regulations made thereunder, the matter shall be referred to the Chancellor and the decision of the chancellor thereon shall be final :
Provided that no reference under this Section shall be made:
(a) more than three months after the date when the question could have been raised for the first time;
(b) by any person other than an Authority or officer of the University or a person aggrieved.
Bar of Suit 40. No suit or other legal proceeding shall lie against the State Government or the University or any officer, Authority or Body thereof in respect of anything done or purported or intended to be done in pursuance of the act or Regulations made thereunder.
Mode of proof of University Record
41. (1) A copy of any receipt, application, notice, order, proceedings or a 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, proceedings, resolution or a document or the existence of entry in the register and shall be admitted as evidence of the matters and transactions recorded therein where the original thereof would, if produced, have been admissible in evidence.
(2) No officer or servant of the University shall in any proceeding which the University is not a party, be required to produce any document, register or other record of the University, the contents of which can be proved under sub section (1) by a certified copy or to appear as a witness to prove the matters and transactions recorded therein unless by order of the court made for special cause.
Right to Appeal 42. Every employee or student of the University or of a constituent college or affiliated college, shall, notwithstanding anything contained in this Act, have a Right to Appeal within such time as may be prescribed, to the Executive Council against the decision of any Authority of the University or of the principal of any such constituent college or an affiliated college, as the case may be, and thereupon the Executive Council may confirm, modify or change the decision appealed against.
Power to Remove Difficulties
43. (1) The state Government may, for the purpose of removing, any difficulty by notified order direct that the provision of this Act shall, during such period as may be specified in the order, have effect subject to such adaptations whether by way of modification addition or omission as it may deem to be necessary or expedient,
Provided that no such order shall be made after December, 2005.
(2) Every order made under sub-section (1) shall be laid before the State Legislative Assembly.
(3) No order under sub-section (1) shall be called in any question in court on the ground that no difficulty, as is referred to in sub-section (1), existed or required to be removed.