Amendment status not verified — confirm the current text below against the official source.
Subs. by section 7 of UK Act no 24 of2018. 2.Subs. by section 8 of UK Act no 24 of 2018. The Academic Council 23- (1) The Academic Council shall consist of:-- (a) the Vice-Chancellor-Chairman; (b) the Registrar- Secretary; (c) such other members as may be prescribed in the Statutes. (2) The Academic Council shall be the principal Academic body of the University and shall, subject to the provisions of this Act, the statutes and the Rules, co-ordinate and exercise general supervision over the academic policies of the University. The Finance committee 24- (1) The finance committee shall consist of :- (a) the Vice Chancellor-Chairman; (b) the finance Officer; (c) principal Secretary/Secretary to the State Government in the Higher Education Department of his nominee not below the rank of Joint Secretary to the State Government; (d) Such other members as may be prescribed in the Statutes. (2) The finance committee shall be the principal financial body of the University to take care of financial matters and shall, subject to the provisions of this Act, statutes and Rules, co-ordinate and exercise general supervision over the financial matters of the University. Other Authorities 25- The constitution, powers and functions of the other authorities of the University shall be such as may be prescribed. Proceedings not invalidated on account of Vacancy 26- No act or proceeding of any authority of the University shall be invalid merely by reason of existence of any vacancy or defect in the constitution of the authority. CHAPTER-V Statutes and Rules Statutes 27- Subject to the provisions of this Act, the statutes may provide for any matter relating to the University and staff, as given below:- (a) the procedure for 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) the terms and conditions of appointment of the Vice-Chancellor, the Registrar and the Finance Officer and their powers and functions; (d) the mode of recruitment and the conditions of service of the other officers, teachers and employees of the University; (e) the procedure for resolving disputes between the University and its officers, faculty members, employees and students; (f) creation, abolition or restructuring of departments and faculties; (g) the manner of co-operation with other Universities or Institutions of higher learning; (h) the procedure for conferment of honorary degrees; (i) provisions regarding grant of freeships and scholarships; (j) number of seats in different courses of studies and the procedure of admission of students to such courses including reservation of seats for [Uttarakhand] students; (k) the fee chargeable from students for various courses of studies; (l) institution of fellowships, scholarships, studentships, freeships, medals and prizes; (m) procedure for creation and abolition of posts; (n) 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 existing Statutes. Rules 30- Subject to the provisions of this Act, the Rules may provide for all or any of the following matters, namely----- (a) admission of students to the University and their enrolment and continuance as such; (b) the courses of study to be laid down 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) the fee to be charged for admission to the examinations, degrees and other academic distinctions of the University; (g) the conditions of residence of the students at the University or a constituent college; (h) maintenance of discipline among the students of the University or a constituent college; (i) all other matters as may be provided in the statutes and Rules under the 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 approval of the State Government make new or additional rules or amend or repeal the rules. CHAPTER-VI Miscellaneous Conditions service of employees 33- (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 students/employees shall be governed by procedure prescribed in the Statutes. (3) Any dispute arising out of the contract between the University and an employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the Board of management, one member nominated by the employee concerned and an umpire appointed by the Chancellor. (4) The decision of the tribunal in such matter shall be final. (5) The procedure for regulating the work of the tribunal shall be such as may be prescribed. Right to appeal 34- Every employee or student of the University or of a constituent college, Regional Centre, Study Centre and Career Academy Centre shall, notwithstanding anything contained in the proposed 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 of any such Constituent college, Regional Centre, Study Centre and Career Academy Centre college, as the case may be and thereupon the Board of management may confirm, modify or change the decision appealed against. Provident fund and pension 35- 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 36- If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or other body of authorities and bodies the University, the matter shall be referred to the Chancellor whose decision thereon shall be final. Constitution of committees 37- Whenever any authority of the University is given power by this Act or the statutes to appoint committees, such committees, shall, save as otherwise provided, consist of any or all the members of the authority concerned and of such other persons, if any, as the authority in each case thinks fit. Filling of casual vacancies 38- 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 a 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 39- 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 40- Notwithstanding anything contained in any other provisions of this act and the Statutes:- (a) the first Vice-Chancellor and Pro-Vice-Chancellor, if any shall be appointed by the Chancellor and the said officer shall hold office for a term of three year; (b) the first Registrar and the first Finance officer shall be appointed by the Chancellor who shall hold office for a term of three years; (c) the first Board of Governors shall hold office for a term not exceeding three years; (d) the first Board of management, the first Finance Committee and the first Academic Council shall be constituted by the Chancellor for a term of three years. Permanent Endowment Fund 41- (1) The University shall establish a permanent endowment fund of at least rupees one crore which may be increased suo motu but shall not be decreased. (2) The University shall have power to invest the permanent endowment fund in such manner as may be prescribed. (3) The University may transfer any amount from the general fund or the development fund to the permanent endowment fund. Excepting the dissolution of the University, in no other circumstances can any monies be transferred from corpus of the endowment fund for other purposes. (4) Not exceeding 75% of the incomes received from the corpus permanent endowment fund shall be used for the purposes of development works of the University. The remaining 25% shall be reinvested into the permanent endowment fund. General Fund 42- (1) The University shall establish a general fund to which the following amount shall be credited, namely:- (a) all fees which may be charged by the University; (b) all sums received from any other source; (c) all contributions made by the Hydrocarbon Education and Research Society, new Delhi; (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. (2) The funds credited to the general fund shall be applied to meet all the recurring expenditure of the university. Development fund 43- (1) The University shall also establish a development fund to which the following funds shall be credited, namely:- (a) development fees 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 hydrocarbons Education & Research 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 44- The funds established under section 41, 42 and 43 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 45- (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 Visitor and the State Government before 31 December following close of the financial year in 31 March each year. Account and Audit 46- (1) 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 amount disbursed or paid shall be entered in the accounts maintained by the University. (2) The annual accounts of the University shall be audited by an auditor, who is a member of the Institute of Chartered Accountants of India, every year. (3) 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 December following close of the financial year in 31 March each year. (4) 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 31st December each year. (5) The direction of the State Government on the subject arising out of the accounts and audit report of the University shall be binding on the University. Mode of proof of University record 47- 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, 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 48- (1) If Hydrocarbons Education & Research society, New Delhi proposes dissolution of the University of Petroleum and Energy Studies 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, in-discipline, failure in the accomplishment of the objects of University and economic hardships in the management systems of University, the State Government would issue directions to the management system of University. If the directions are 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 will be initiated without affording a reasonable opportunity to show cause to the hydrocarbons Education & Research society. (4) On receipt of the notice referred to in sub-section (1), the State Government shall, in consultation with the Council for Technical Education and UGC make such arrangements for administration of the University from date of dissolution of the University by Hydrocarbons Education And Research Society, New Delhi 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. Expenditure of the University during dissolution 49- (1) The expenditure for administration of the University during the taking over period of its management under section 48 shall be met out of the permanent endowment fund, the general fund or the development fund. (2) If the funds referred to in sub-section (1) are 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 50- (1) If any difficulty arises in giving effect of 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 notifications order under sub-section (1) 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 may be after it is made, be laid before the State legislature.