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Repeal of the Uttarakhand Residendal University Act, 2016 36 ¢q<[qus eyqrm{ur 7TiH. 22 iF. 2020 €0 (errmg 01, 1942 ¥Tit; qu) SOBAV SINGH JEENA UNIVERSITY ACT, 2019 (Uttarakhand Act No.19 Of 2020) An Act to establish a residential-cum-affiliation university known as Soban Singh Jeena University in the district Almora of Uttaralchand for the advancement and development Of higher edueation, vocational education, skill development based education and other matters related to it and other contingencies, to substitute the Uttarakhand Residential University Act, 2016 (Act No. 20 of 2016) and to merge the Uttarakhand Residential University into Proposed Uhiversity. Be it enacted by the Uttaralchand State Legislative Assembly in the seventyrone year oftheRepublicoflndia:- short title, I. commencement and erfut Chaptel.-1 Preliminary (1)ThisActmaybecalledtheSobanSinghJeenaUniversityAct,2019. (2) It shall come into force at once. (3) It extends to such part of the state which State Govemlnent `may fix, by notification in the Gazette. Derinitions 2. In this Act, unless the context otherwise requires- (a) "Acrdonic Councfl'. mean the Academic Councn of the uriversrty; a) "Affiliated Conege" means such college or institution affiliated to theUnivergityinaccordancewiththisActandtheregulationsthere under; (c) "Approved in5titrtion" means an instinrdon of higher education approved by the University/State Goverrment; (d) ''Autonomous College" means an affiliated or associated college declared as such by the provision of University Grants Commission; (e) ''Chancellor" mean Chancellor Of the University; ® "College" means any institution or college affiliated to the University in accordance with this Act and the regulations made there under; `a"i+u.i6 €!i`Eii€IIt`v qiFTE, 22 w. 2020 €0 (gTqTg Oi, 1942 ¥7iF ap) 37 ts) "C®nstifuent College" means an institution rfutained by the University or by the State Goverment and declared as such by the Regulalous; th) Court" means the Coiut of the University; (i) "Director" means Heed of an institution estchliched by the University for organizing and operating teaching and research of any rdject; a) "Existing conege" pears a college or institution which is imparthg highcwhoaatioml education and is being opegived and maintained by a University establiched in the state; a£) "Exeeotive Couh€fl" means the Executive Council of the Uhiversfty; 0) ]'Finance Committee" mcuns the Finance Committee of the Universfty; (in) "Government" means the State Government ofuttarakhand; (n) "Maintenance grant" means a grant of aid received by the any Uhivesity from State Government from time to time by general or peial order; (o) "Mamg¢ment" means such management committee or other body in relalon to any affiliated or constituent college or self-funded irstituton, which is in charge of the management of the edvities of that college or institLrion and which is in the fom recognized by the University; ®) "Officers of Univerrty" means officers mentioned in sechon 8 of this Act; (q) "Other Backward C)aecea of Citlzem" means the Backward Classes of the citizens specified in Schedule I Of the Uttarckhand (Uttar Predech Public Serdce Reservation for Scheduled Castes, Tribes and Other Backward Classes) Act, 1994 (Adaptedon and Modification) Order, 2001 ; (r} "Principal" means the head of the college by whtever name called and includes whne there is no principal a person for the tiine being duly appointed, to act ag principal and in the al]sence of the Principal cir working or the aedng principal the Vice-principal duly appointed as swh; (s)"Prescribed"meansPrescribedt]ystatutes; (t)"Property"meansallmovableorilrmovableprapertybelonfroto deUriversrty(ineludingResidentialUriversfty)anditscanpuses, whichisinwholeorinpartforthebenefitofthecollege,including land, buildings (including hostels), wckshop, librny, labomtory, equipment, tools, furniture stationery, stores, antormtic vehicles or clthervchicles,ifanyandauitemsrelatedtotheUriversitysuchas 38 `3Tltl`:9i.J6 erwTaTquT TiiH€, 22 qT, 2020 €0 (grmig 01, i942 ¥TiF ng) cash in hand, bank deposits, investment and denominated loans and the richts and interests derived from such property which is owned, occupied, empowered or controlled by the University and the account register and all other records which are of any nature and all the existing liabilities, liabilities and statutory grace of the University shall be deemed to be included in it, inespective of their category; •(u) "Registered graduate" means any grarfua:te Of registered University subject to the provision of this Act and any Act repealed or superseded by it; (v) Registrar" means Registrar of the University; {w)"Regulations" means the Regulations of the Uulversity made under this Act; (x) "Self-financed institution" means a college or institutions which are granted affiliation in this fom by the University in accordance with the ordinance and regulafrons made under this Act; ty) "State" means the State of uttaralchand; (z) "Statutes'', "Ordinances" and "Regulations" means the Statutes, Ordinances and Regrilatious of the University resbeedvely; (aa)`Tca€her" means a person appointed in any affiHated or coustifuent providing education, or / and conduedng and g`nding in research and extension work and it also includes Principal; a)b)"University Grants Commission" means the University Grants Commission established under the University Grants Commission Act, 1956; (cc) `.University" means the University esta,blished under section 3 of this Act. University 3. establishm€Iit and incorporation Chapter - 2 The University (1) A University known by the name of Soban Since Jeena University shall be established. (2) The University, with name as specified under sub-section (1), shall be an incoporated body, with perpetual succession and a colrmion seal, and chall sue and be sued by the said name. (3) Pandit Badri Dutt Pandey P.G. College, Bageshwar, Lakshman Sinch Mahar P.G. College, Pithoragarh, and Soban Singh Jeena Campus, Ahaora inclusively, shall be its three campuses, which shall be transferred into the aforesaid University and also the ¢Ti<iltsi.+.<s <Si<iiiEH<`;I. 7Tue, 22 H, 2020 €0 (envii5 01, 1942 ¥T5 tlTatt) 39 Exercise of powers 4. in the territorial area The power of the 5. Stlte Gtwemment to issue notification campus of exiling Residelrdal University, Almora shall be merged in it. The University shall be headquartered in Soban Singh Jeena Campus, Almora, The University may estat]Hsh other campuses in the future, as it thinks necessary. (4) The University shall extend affiliation to all the post-graduate and degree colleges, in Almora, Pithoragath, Bageshwar and Chanpawat distiiets, and it may affiliate established coueges in these districts Jurisdiction. (5) The University shall organise programs and introduce curiculum oriented towards research and development, in related traditional, skill development and occapafional fields. (6) The University Shall be a residential cum-affiliation University and its residential campus shall provide special progranmes and other facilities. (1) Under this Act the University shall be empowered for the use of its powers in those part of the ,Kumaun division as the State Government may fix, via notification in the Gazzette. (2) Every college or institution other than existing college, impartin-g hither/vocational education in the state on the date of commencement of this act shall with effect from sueh date as may be notified in this behalf affiliated by the university established under section 3 and shall not remain be affiliated to or associated with the university established by or under previously by Uttar Pradesh state university Act, 1973 (As applicable in Uttarakhand) in Present by Kumaun University, Nalnital herein after refeITed to in this section as fomer University: Provided that from the date that this Act comes into effect, a student pusuing education at an established college or institution other than the existing college, presently or hereafter under the former University, shall be fully entitled and allowed to continue and complete such education, and the former universfty shall conduct examinations as per the continuing process for the time being, and shall provide the degree or any other apeeialization. State government, by notification in a Gazzette:- (I) May expand or reduce the zone of operation or academic jurisdiction of the University. (2) In any notification under this section may make provision for a amending the Statutes, Ordinances and Regulations of University affected by such notification or schedule, which are necessary to implement the provision of this Act and thereafter schedule and relevant Statues, Ordinance and Regulation shall be amended accordingly. 40 ®TI{lqv€ The uriversfty 6. sham aeue ed da88e8 and refty The powers and 7. duties of tl)¢ Univendty 3FT"TVT 7Tue, 22 H, 2020 €0 (grqT? Oi, 1942 !ii5tlFT@ (3) Without Hq.udice to the geneml applicabirty of provisions in sub- seedon (2) , under this section, through a notificafron, "y make provisions for the fouowing subjects. Iralnely - (a) Provision regarding xpresentation of people of different rights or category in authority of Uriversfty affected by said cotificedon; ®) Provision for use. of option by registered graduates Of the Uhiversfty existing for that time to remain registered gredunte of tut Urivesity or registering in any new estaunshed Uiniversity provided that no person shall be graduate at more than one universfty; (C) Such sinhar sxpplemental, additional and cousequendal provisions, as the State Goverrmeut may deem necessary from tine-tothe. The Uriverrity shall be open for all persons, inespcetive of class, caste, gender, ancestry, or religion, but nothing in this section shall prevent the university or the government from using its powers, to prevent the discrinintion towards person, pesors. castes, or classes Of excqrfuonal background,whichhavebeensanctionedbytheletlslativeassembly: Provided that nothing in this section Shall deemed to prevent University from making special provision for admission to students bchonging to sehedrded eastes, scheduled thbes, other backward classes econemicany weaker section Students and other persons as detennined by the Govorment. TheUniversityshallhavethefollowhgpowersandduleg,namely:- (a) To setup edueatioml disciplines in such subjects, which the Uhiversity deems necessary and provides facility for consultation service including research, knowledge domain expertise, and promotion intended towards the same: Provided that the research and enension work disciplines shall be enco`mged in such manner, due to educating being primary in arcs of higher edueationthowledge act of teaching are not superseded; a) The reformulation of operations in teaching, research and extension wol.k. and consultation with other universities and institutes, and association and entrapreneulal expansion through such channels, as the university considers appropriate, though which knowledge gain and scientific reseaneh could be speed up and which could facilitate setup of now jnterdiscip)inary centersroepartment which shall serve rising new social needs; (a) To expand educational possibilities association with national, international, and other organizations and to mmin connected; `5irf<i`=9i`i6 <ii`tii`Eii`¢`.I TiiFTE, 22 H. 2020 €0 (arm? 01.. ig42 ¥Ti5 ap) 41 Officers of 8. Univelllity (d) The University, throuch moral character and capability building programs, shall work towards the direction of enabling the students to enter the job market and build a competitive apirit, to encourage enutpreneLuship, and to play positive roles in the society as conscious and active citizens; (e) hstinrdng colleges, degrees, diplomas, and other edueational specializatious; (I) Recognizing any colleges or differently-named self-financed institutes or granting them apecial acereditation, or an increase in the exclusive rights Of an established, affiliated, or accredited couege, or revoking any exclusive rights or reducing it and to guide any affiliated and associated colleges and self-financed institutes and control their operations; (g) For such persons (without discriminating among gender, class/ religion or handicap) conducting examinations and make available degree, diplomas, or any such academic specializations for those, who, as per the conditions stipulated in statutes and ordimnces, have attended a cause at the University campus, or an affiliated or associated or self-financed institution or through having done research work under an ongahization or a distance leaning program instituted by the University, has achieved excellence in a domain; th) To confer degrees and other acedemia-related recognitious abiding to the rules and conditions specified in the Statutes; (i) To collaborate or cooperate with other universities, institutions and airfuorities for events, in such manner and for such purpose as the University deems appropriate; ¢) To institute academic and other posts, after the approval by the state goverrmient, as the Uhiversity deems appropriate, and to appoint persons to these allotted posts after approval by the state goverrment; 0[) To determine condition regarding affliation and recognization of colleges and self financed institution and to satisfy itself be regular inspection or otherwise that such condition are fulfilled; 0) To institute and award fellowship scholarship, Academics and rewards in accordance with Statutes and Ordinances; (in) To act for and receive fees and other charges, as fixed by the University/State Government from tine-to-time; (I) To do all such act required by the State Government, whether incidental to the aforesaid powers or not to further the object of university. Chapter - 3 Universfty Officers The following shall be the officers of the University namely:- (a) Chancellor; 42 `±t"i`:si.ie <]nilitli`c`u True, 22 qiT, 2o2o €o (quqTiF oi. ig42 ¥TiF tlTai|) a) Vice-Chancellor; (c) Firmce officer: (d) Registrar; (e) Examination controller; ® Other such officers of the university, who are declared as officers of the University through a Statutes. CI.anceuor 9. (I) The Governor ofuttarakhand shall be the chancellor of university and head of the University and the Chaiman of the council, and shall preside all the convocedon of Uulversity and sessions when present' Vice-Chancellor 10. (2) Every Proposal of confement of an honorary degree shall be subj ect to the colifirmation of cthancellor` (3) It `shall be the chrty of the Vice Chancellor to furnish such information or records relating to the administration of the affairs of the University as the Chancellor may call for. (4) The Chancellor shall have such other powers as may be conferred on him by or under this Act or the Statutes. (1) The Vice-Chancellor shall be appointed by the Chancellor with the concurrence of the State Government from among the distinguished persons in the field of study of the University or from equivalent position in Administration, Industry or Research Institute whose names arc submitted to him by search committee constituted by the State Government in accordance with the provisions of sub-section (2). Provided that fist Vice-Chancellor of University Shall be appointed by State Goverrment and Shall hold the Post for duration ofthreeyears. (2) The committee referred in sub-section (1) shall consist of the following persons : (a) One person nominated by the Chancellor. a) One person nominated by the University Grants Commission ur.G.C.). (c) The Secretary/Principal Secretary of the State Goverlment higher education department, who shall be the convener of the committee. (3) Based on the qualification and eligibility prescribe in the regulations of the University Grant Commission, the committee shall prepare a panel of thee persons who shall be suitable for the post Of the Vice-Chancellor. The committee while presenting the nominatious to the Chancellor, shall forward a brief descriptive note of every nc.minee's academic background/ qualifications and any specializatious, but shall not show any preferences. `itl<raii6 a]flrmtuT True. 22 qiT. 2020 €0 (gr"ig Oi, 1942 ¥[qF HRE`) 43 (4) The Vice-Chancellor shall have geiferal supervision and control on activities of the University and chall make decision of authorities of university effective. (5) Wherever the matter is of urgent nature, apart from appointing faculty, which requires immediate action, and the related action is not fulfilled tbl.ouch this Act or through an empowered official of the Uliiversity or via any other body, with Prior approval of Cthancellor, the Vice-Chancellor may take action as it considered a|xpropriate. (6) The emoluments and other condition of services of the Vice Chancellor, shall be as detemined by the State Government from time-to-time: Provided that emoluments and other conditions of service of Vice-Chancellor shall not be varied to his disadvantage during the ten of his office. (7) If the post of the Vice-Chancrellor becomes temporarily vacant due to absence, illness, leave or otherwise then in his absence, the senior most professor who shall be appointed by the Chancellor, shall perform the dudes of the Vice-Chancellor till the Vice-Chancellor resumes his duties. Provided that where the vacancy in the office of the Vice- Chancellor occurs due to resignation, death or expiry of the term and where the vacancy cannot be filled immediately under the sub- section (1) and (3), the Chancellor, with the recommendrfuop. of the State Goverment may appoint the Vice-Chancellor from amongst the senior professors of the University for six months ; Provided further that this kind of provisional appointment can be extended culy once for next six months. (8) If, in the opinion of the Chancellor, the Vice Chancellor willfully omits or refuses to cony out the provision of this Act, Ordinances or abuses the power vested in him, or if it otherwise appears to the Chancellor that the continuance of the Vice Chancellor in office is detrimental to the interest of University, the Chancellor may, after making such enquiry as he deems proper, by order remove the Vice Chancellor. (9) The Vice-Chancellor shall not be entitled to any peusion insurance schenre or provident funds. (10)On the misappropriation or mirmanngement of funds or misbehavior or misconduct, which is undighified for this high post, following a timely investigation, to be completed within two months statzig the reason, the Chancellor on recommendation of State Government, shall have the powers to remove the Vice- Chancellor. 44 i3i]tTHng 3TiTTETTm True, Service condidous 11. ®fvice-Chancellor Powersanddndes 12. of the Vic® Chancellor 22 i5F, 2020 ±0 (eym? 01, 1942 ¥iqFFIE (11)Duringthependencyorincontemplationsofanyinquirereferredto insubsection(8)theChancellormayorderthattillfurthierorders- (a) Such Vice Chancellor shall refrain from perforrfug the funotiousoftheoffceOfVIce-Chancellort>utshallcontinueto get the emoluments to which he was otherwise entitled. a) The fimctions of the office of the Vlce Chancellor shall be performedbythepersonapecifiedintheorder. Any pason on being appointed the Vice-Chancellor, according to goverment order chal] take the chnge of post within the ten not exceedingonemonthfromthedateofreceivingappointmentorder. (I) The Vice-Chancellor shall be the Princi|>al Executive Authority and Academic Officer and sball - (a) oupervise and Control the activities of the University- which includes the campus maintained by unjversrty, its constituents, colleges, imtitutious, and its affiated colleges, adrfustered colleges, and self-financed institutions; a) implement the decisions taken by the authorities of the University; (c) h absenee of the Chancellor shall preside the meedng of assembly(court)andanyconvocationoftheUniversity; (d} be responsible for the maintermce of the disciphie in the University; (e) be responsible for olgrnizing and conducthg University exaninatiouinapproprfuemannerandatanappropriatetime, andensuringthattherunltofsaldexamirfuonaepublichedat the earliest and that the academic semester co-ences and closes by the fixed dates. (2) Shethe shall be ex-officio chairperson of the Excoutive Council, Academie Council, and the Firmce Committee. (3)Shallhaveriglittoapeckinandotherwisetotakepartinmectingof any authority or body of the University but Shall not by virtue of this subsection be entitled to vote. (4) It shall be the duty of the Vice Chancellor to enrm the firiun perfolmanceoftheprovisionofthisActandstatutesandOrdinance shallwithoutpxpjudicetothepowersoftheChancellor,possessall such powers as may be confiacd by the State Govemmeat in that behalf Confened by State Government confened by the State Government. (5)TheVice-ChacellorshallhavethepowertomeedngoftheCourt, ExceutiveCouncil,AcedemjcCouncil,andtheFinanceCommittee, (0 Where any matter is of urgent nature in which immediate acfron is tiTN.i¢i`J¢ :±Itii`all<`ii Trq€, 22 q;i, 2o2o ±o (alrmi5 0i,1942 ¥IiF tlTqiT`) 45 required, other than appointment of the teacher in the University and no immediac action on the same could be taken by the officer or authority or any other body of University, affiliated college/ institution empowered by or under this Act, than Vice Chancellor may take such action, as he may deem fit and forthwith a detailed rapcirt of the action to the State Goverrment and to any officials, authority or other body, which generally wods regarding the rmer: Provided that no such action shall be taken by the Vice Chancenor without the prior approval ctf State Goverrment if it involves a deviation from the provisions of Statutes or Ordinances: Provided further that, if any off]cer, authority, or other body has the opinion that such action should not have been taken, then he may refer to the State Govemmen:t, who may either confirm the action taken by the Vice Chancellor or annul the same or modify it in such a manner as be thinks fit and there upon, that action shall cease to have effect or, as the case may be, take effect in modified form, so however that such annulment or modification shall be without prejudice to the validity of anything previously done by or under the order of the Vice Chancellor; Provided also, that if any persons employed in the service of the University, is aggrieved by the action taken by the Vice chancellor under the sub-section, has the right to appeal to the State Goverrment against such achon, within three months from.the date from which he has been communieated about the decisions such aedon, and thereafter the State Government may confirm or modify or reverse the action taken by the Vice-Chancellor, and any decision taken in this regard, shall be intimated to the related parties within six months generally from the date of receipt/ approval of the reference. (7) Nothing in sub-section (6) shall be deemed to empower the Vice chancellor to incur any expenditure not duly authorised and provided for in the budget, however in exceptional cases, he can approve funds greater than prescribed rates for fulfilment of exceptional requirements. All such matters must thereafter be broucht into cognizance of the State Government. (8) Where any funedonary has been appointed by the Vice-Chancellor using power under sub-section (6) than such an appoinfuent shall cease on appointment in preschbed mamer or on expiration of six` months from the date of order of the Vice Chancellor, which maybe earlier. Filianceoffcer 13. (1) There shall be a Finance officer of the university, who shall be appoiuted by the State Government t}y notification and his remuneration and allowances shall be paid by the University. (2) The Finance Officer shall be responsible for presenting the budget and statement of accounts to the Executive Council also for drawing and disbursing funds on behalf of the University. 46 s"itsi`I€ erHrmquT True. 22 qT, 2020 ±0 (qmii; 01, 1942 ¥Tapq'qil) Registrar (3) The Finance Officer shall have the right to apeak in and otherwise to take part in proceeding of Executing Council, but shall not be entitled to cast vote. (4) The Finance Officer Shall have the following duties :- (a) To ensure that no expenditure, not authorized in budget is incuned by the university otherwise than by way of investment. (b) To disallow any such proposed expenditure which may contravene the provision of this Act or the terms of any Regulalous, (c) To ensure that no financial irregularities is committed, and to take steps to set rigbt any irregularities pointed out during audit. (d) To ensure that the property arid investments are duty preserved and managed. (5) The Finance Officer shall have access to and may require the production of such records and document Of the University and furnishing of such records and document of the University and furnishing of such information pertaining to its affairs as in his opinion may be necessary for the discharge of his duties . (6) The Finance Officer shall signed all the -tenders on behalf of the Executive Council. (7) Other powers and functions of the Finance Officer shall be such as may be prescribed from time to time.