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181 [The Uttar Pradesh State Universities Act, 1973] [Section 2] Definitions 2- In this Act, unless the context otherwise requires:--- (1) "Academic Council", "Court" and ‘Executive Council" mean respectively the Academic Council, the Court and the Executive Council of the University : (2) "affiliated college" means an institution affiliated to the University in accordance with the provisions this Act and Statutes of that University ; (3) "area of the University" means the area specified in respect of the University by or under section 5 or section 4, as the case may be ; (4) "associated college" means any institution recognized by the University and authorized under the provisions of [this Act and the statutes of the University]1 to provide for the teaching necessary for admission to a degree of the University; (5) "autonomous college" means an affiliated or associated college declared as such in accordance with the provisions of section 42 ; {(5-A) the expression ‘other backward classes of citizens’ shall have the same meaning as in the Uttar Pradesh Public Service (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994.}3 {(5-B) central Board of Studies’ means the Central Board of Studies referred to in section 18-B;}4 (6) "constituent college" means an institution maintained by the University or by the State Government and named as such by the Statutes ; {(6-A) ‘Co-ordination Council’ means the Co-ordination Council constituted under section 18-A;}5 (7) "Director", in relation to an Institute, means the head of such Institute; (8) "existing University" means the University of Lucknow, Allahabad, Agra, {which shall from September 24, 1995 be called Doctor Bhimrao Ambedkar University, Agra}6, Gorakhpur {which shall with effect from the date of the commencement of the Uttar Pradesh State Universities(Second Amendment) Act, 1997 be called Deen Dayal Upadhaya, Gorakhpur University, Gorakhpur}8, Kanpur{which shall be called Shri Shahu Ji Maharaj University, Kanpur with effect from September 24, 1995 and Chhatrapati Shahu Ji Maharaj University, Kanpur with effect from the date of commencement of the Uttar Pradesh State Universities (Amendment) Act, 1997}7 or Meerut {which shall from January 17, 1994 be called Chaudhary Charan Singh University, Meerut,}2 or the {{Uttarakhand} Sanskrit University,Haridwar}9, as the case may be ; 1- Subs. by section 5(i) of U. P. Act no. 29 of 1974. 2- Ins. words by section 2 of U. P. Act no. 05 of 1994. 3- Ins. by s. 2 of U. P. Act no. 20 of 1994. 4- Ins. by s. 2(a) of U. P. Act no. 4 of 1996. 5- Ins. by s. 2(b) ibid. 6- Ins. words by section 2(c) ibid. 7- Subs. by section 2 of U. P. Act no. 12 of 1997. 8- Ins. by section 2 of U. P. Act no. 18 of 1997. 9- Ins. by section 2 of Uttarakhand Act No. 17 of 2005. 182 [The Uttar Pradesh State Universities Act, 1973] [Section3-4] (9) "faculty" means a faculty of the University ; {(9-A) ‘foundation course’ means a course of greater awareness of oneself and of the social, cultural and natural environment;}3 (10) "hall (or college) of a University" means a unit of residence for students maintained or recognised by the' University at which provision is made for imparting tutorial and ether supplementary instruction; (11) "hostel of a University" means a unit of residence for students maintained or recognised by the University, other than a hall, and "hostel of an affiliated or associated college" means a unit of residence for students of that college; (12) "Institute" means an Institute established by the University under section 44 ; (13) "management", in relation to an affiliated or associated college, means the managing committee or other body charged with managing the affairs of that college and recognised as such by the university : [Provided that in relation to any such college maintained by a Municipal Board or a Nagar Mahapalika, the expression Management" means the education committee of such Board or Mahapalika, as the case may be, and the expression Head of the Management' means the Chairman of such committee;]2 (14) "prescribed" means prescribed by Statutes ; (15) "Principal", in relation to an affiliated, associated or a constituent college, means the head of such college ; (16) "registered graduate" means a graduate of the University registered under the provisions of this Act or under any enactment repealed by this Act; (17) "Statutes", "Ordinances" and "Regulations" mean respectively the Statues, Ordinances and Regulations of the University ; (18) "teacher", means a person employee [for imparting instruction or guiding or conducting research in the University or in an Institute or, in a constituent, affiliated or associated college]1 and includes a Principal or a Director; (19) "teacher of the University" means a teacher employed by the University or Imparting instruction and guiding or conducting research either in the University or in an Institute or in a constituent college maintained by the University; (20) "University" means an existing University or a new University established after the commencement of this Act under section 4 ; 1- Substituted by section 5(ii) of U. P. Act no. 29 of 1974. 2- Ins. by section 2 of U. P. Act no. 12 of 1978. 3- Subs. by section 2(d) of U.P. Act no. 4 of 1996. 183 [The Uttar Pradesh State Universities Act, 1973] [Section 3-4] (21) "Working Men’s College" means an affiliated or associated college recognized as such in accordance with the provisions of section 43. CHAPTER II THE UNIVERSITIES Incorporation Universities 3- (1) The Chancellor, the Vice-Chancellor and the members of the Executive Council, the Court and the Academic Council for the time being holding office as such in any University shall constitute a body corporate by the name and that University. (2) Each University shall have perpetual succession and a common seal and shall sue and be sued by its name. Establishment of new Univer- sity and altera- tion of the areas or names of Universities 4- (1) With effect from such date as the State Government may by notification in the Gazette appoint in that behalf, there shall be established a University of Kumaun at Naini Tal and a University of Garhwal [which shall from April 25, 1989 be called the Hemvati Nandan Bahuguna University]1 at Srinagar (District Garhwal) for the areas respectively specified in the Schedule. [(1-A) with effect from such date or dates as the State Government may by notification in the Gazette appoint in this behalf, there shall be established- (a) a University of Bundelkhand at Jhansi (b) a University of Avadh at Faizabad {which shall be called the Doctor Ram Manohar Lohia University, faizabad with effect from June 18, 1994, and the Doctor Ram Manohar Lohia Avadh University, Faizabad with effect from July 11, 19 1995;}2 (c) a University of Rohilkhand at Bareilly {which shall with effect from the date of the commencement of the Uttar Pradesh State Universities (Second Amendment) Act, 1997 be called Mahatma Jyotiba Phule Rohilkhand University, Bareilly}3; {(d) a University to be known as Puranchal University at Jaunpur, with shall, with effect from the date of commencement of the Uttar Pradesh State Universities (Amendment) Act, 1999, be called “ Vir Bahadur Singh Purvanchal University, Jaunpur.;}4 for the areas respectively specified in the Schedule. (1-B) In relation to the Universities to be established under sub-section (I-A)- (a) the State Government shall appoint interim officers of the Universities (other than the Chancellor) and shall constitute interim authorities of such Universities in such manner as it thinks fit; 1- Ins. by section 2 of U.P. Act No. 26 of 1989. 2- Subs. by section 3 of U. P. Act no. 4 of 1996. 3- Added by section 3 of U. P. Act no. 18 of 1997. 4- Subs. by section 2 of U.P. Act no. 11 of 1999. 184 [The Uttar Pradesh State Universities Act, 1973] [Section 4] [(b) The officers appointed and the members of the authorities constituted under clause (a) shall hold office {***}4 of until the appointment of officers or the constitution of the authorities in accordance with clause (c) {or such other earlier date as may be specified by the State Government in this behalf}4.]3 [Provided that the State Government may by notification, extend the term of the members of such authorities for a period not exceeding one year;]2 (c) the State Government shall take steps for .the appointment of officers and constitution of authorities of such Universities in accordance with the provisions of this Act, so that the same may be completed before the expiry of the respective terms of the interim officers and members under clause (b).]1 (2) With effect from such date as the State Government may, by notification in the Gazette, appoint that behalf the institution known as Kashi Vidyapith at Varanasi shall be deemed to be a University established under the provisions of this Act {which shall be called Mahatma Gandhi Kashi Vidyapith, Varanasi with effect from July, 11, 1995.}5 (3) As from the date appointed under sub-section (2) - (i) the society known as the Kashi Vidyapith Varanasi, shall be dissolved, and all property movable and Immovable, and rights, powers and privileges of the society shall be transferred to and vest in the University and shall be applied to the objects and purposes for which the University is established; (ii) all debts, liabilities and obligations of the said society shall be transferred to the University and shall thereafter be discharged and satisfied by it ; (iii) all references in any enactment to the said society shall be construed as reference to the University; (iv) any will, deed or other document, whether made or executed before or after the commencement of this Act, which contains any bequest, gift or trust in favour of the said society shall be construed as if the University was therein named instead of such society ; (v) subject to the provisions of this Act, every person employed immediately before the said date in the said society shall with effect from that date, become an employee of the University by the same tenure and upon the same conditions of service or conditions as similar there to as changed circumstances may permit, as he would have held under the said society, if such notification had not been issued. (4) The State Government may, by notification in the Gazette- (a) increase the area of a University; 1- Ins. by section 6 of U. P. Act no. 29 of 1974 2- Ins. by section 2 of U. P. Act. No. 5 of 1977. 3- Subs. by section 3 of U. P. Act no. 12 of 1978. 4- Delete and insertion by section 2 (b) of U.P. Act no. 19 of 1987. 5- Ins. words by section 3 (b) of U. P. Act No. 4 of 1996. 185 [The Uttar Pradesh State Universities Act, 1973] [Section 5] 21 of 1860 (b) diminish the area of University; or (c) alter the name of a University: Provided that no such notification shall be issued except with the previous approval by resolution of both the Houses of the State Legislature. (5) Any notification under this section may contain such provisions for the amendment of the Schedule and the Statutes, Ordinances and Regulations of the University or Universities affected by such notification, as may be necessary to give effect to the provisions of the notification, and thereupon the Schedule and such Statutes, Ordinances and Regulations shall stand amended accordingly. (6) Without prejudice to the generality of the provisions of sub-section (5), any notification under this section may provide for the following matters namely:- (a) provisions in respect of representation of various interests or classes of persons in the authorities of the University or Universities affected by the said notification; (b) provisions for exercise of option by registered graduates of the then existing University to continue to remain registered graduates of the same University or to get registered with a newly established University so however, that no person shall be registered graduate of more than one University ; (c) such other supplemental, incidental and consequential provisions as the State Government may deem necessary. Explanation-- For the purposes of this section and section 5 "Kashi Vidyapith" means the institution known as Kashi Vidyapith at Varanasi established and administered by the Society known as Kashi Vidyapith registered under the Societies Registration Act, 1860 in respect of which the Nirikshak Sabha of the said Society has passed a resolution on 28th May, 1972, requesting the State Government to take over the entire movable and immovable properties of the said institution and to convert it into a State University. Territorial exercise of powers 5- (1) Save as otherwise provided by or under this Act, the powers conferred on each University (other than the [[Uttarakhand]2 Sanskrit Vishvavidyalaya, Haridwar]1 and the Kashi Vidyapith) shall be exercisable in respect of the area for the time being specified against it in the Schedule. (2) The [[Uttarakhand]2 Sanskrit Vishvavidyalaya, Haridwar]1 may affiliate institutions situated in any part of the territory of India and recognize teachers of, and admit to its examinations candidates from such territory or abroad : Provided that the Vishvavidyalaya shall not-- (a) affiliate an institution outside Uttar Pradesh, or (b) recognize any teacher employed in an institution situated outside Uttar Pradesh and maintained by any Government, except upon the recommendation of the Government concerned. 1- Subs. by section 2 of Uttarakhand Act No. 17 of 2005. 2- Subs. by section 2 of Uttarakhand Act No. 06 of 2011. 186 [The Uttar Pradesh State Universities Act, 1973] [Section 6-7] (3) Nothing in this Act relating to affiliation or recognition of colleges shall apply of the Kashi Vidyapith. (4) Notwithstanding anything contained in sub-section (1), the powers conferred on the {Chattarpati Shahu Ji Maharaj University, Kanpur}1 in respect of instruction and research in the Ayurvedic and Unani systems of medicine and advancement and dissemination of knowledge thereof shall be exercisable throughout Uttar Pradesh. [(5) Notwithstanding anything contained in sub-section (1), the homoeopathic educational or instructional institutions throughout Uttar Pradesh may be affiliated to the {Doctor Bhim Rao Ambedkar University, Agra or {Chattripati}5 Shahu Ji Maharaj University, Kanpur.}3] 1 {(6) Notwithstanding anything contained in sub-section (1) or sub-section (1) of section 37, the institutions established or proposed to be established for imparting education or instruction in Western Medical Science as defined in the Indian Medical Degrees Act, 1916, engineering, technology or management anywhere in Uttar Pradesh may, subject to such directions as may be issued by the State Government in this behalf, be affiliated to any University.}4 University open to all classes and creed. 6- The University shall be open to all persons irrespective of class or creed, but nothing in this section shall be deemed to require the University to admit to any course of study a larger number of students than may be determined by the Ordinances : Provided that nothing in this section shall be deemed to prevent the University from making special provisions for admission of students belonging to the {Scheduled Castes, the Scheduled Tribes or Other Backward Classes of citizens}2. Powers and duties of the University 7- The University shall have the following powers and duties; namely- --- (1) to provide for instruction in such branches of learning as the University may think fit, and to make provision for research and for the advancement and dissemination of knowledge; (2) to admit any college to the privileges of affiliation or re-cognition or, to enlarge the privileges of any college already affiliated or recognized, as the case may be, or to withdraw or curtail any such privilege and to guide and control die work of affiliated and associated colleges ; (3) to institute degrees, diplomas and other academic distinctions ; (4) to hold examinations, for, and to grant and confer degrees, diplomas and other academic distinctions to and On persons who- (a) have pursued a course of study in the University, a constituent college or an affiliated college, or associated college, or 1- Ins. by section 9 of Chapter-III of U. P. Act. No. 14 of 1977. 2- Subs. by section 3 of U. P. Act no. 20 of 1994. 3- Ins. by section 4 (b) of U. P. Act no. 4 of 1996. 4- Added by section 4 (c) ibid. 5- Substituted by section 3 of U. P. Act no. 12 of 1997. 187 [The Uttar Pradesh State Universities Act, 1973] [Section 7] (b) have carried on research in the University or in an institution recognized in that behalf by the University or independently, under conditions laid down in the Statutes and the Ordinances ; or (c) have pursued a course of study by correspondence whether residing within the area of the University or not, and have been registered by the University, subject to such conditions as may be laid down in the Statutes and Ordinances as external candidates ; or (d) are teachers or other employees in the University or in an Institute or in a constituent or affiliated or associated college or in any other educational institutions under conditions laid down in the Statutes and the Ordinances or are inspecting officers permanently employed in the Department of Education of the State Government, and have carried on private studies under conditions laid down in the Statutes and the Ordinances ; or (e) are women residing within the area of the University and have carried on private studies under conditions laid down in the Statutes and Ordinances; or (f) are blind and are residing within the area of the University and have carried on private studies under conditions, laid down in the Statutes and the Ordinances; (5) to hold examinations for and to grant the degree of Bachelor of Arts or Commerce or Master of Arts or Commerce to persons residing within the area of the University who have carried on Private studies under conditions laid down in the Statutes and the Ordinances ; (6) to confer honorary degrees or other academic distinction in the manner and under conditions laid down in the Statutes ; (7) to grant such diplomas to and to provide such lectures and instructions for persons, not being students of the University, as the University may determine ; (8) to co-operate or collaborate with other Universities and authorities in such manner and for such purposes as the University may determine; (9) to institute teaching posts required by the University and to appoint persons to such posts ; (10) to recognize teachers for giving instruction in halls; (11) to lay down the conditions of affiliation or recognition of colleges and to satisfy itself by periodical inspection and otherwise that those conditions are satisfied; (12) to institute and award scholarships, fellowships (including travelling fellowship), studentships and prizes in accordance with the Statutes and the Ordinances; (13) to institute and maintain halls and hostels and to recognize places of residence for students of the University, the Institutes or the constituent or affiliated or associated colleges ; 188 [The Uttar Pradesh State Universities Act, 1973] [Section 7A-8] (14) to demand and receive such fees and other charges as may be fixed by the Ordinances ; (15) supervise and control the residence and to regulate the discipline of students of the University, the Institute and the constituent or affiliated or associated colleges and to make arrangements for promoting their health; (16) to create administrative ministerial and other necessary posts and to make appointments thereto; and (17) to do all such acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University. [Additional power and duties of certain Universities 7-A Upon being authorized by the State Government by notification under the Uttar Pradesh Homoeopathic Medicine Act, 1951, {Doctor Bhimrao Ambedkar University, Agra or {Chattarpati}3 Shahu Ji Maharaj University, Kanpur,}2 as the case may be, shall-- (a) hold examinations for and grant diplomas in Homoeopathy, (b) take over the functions of holding of examinations for courses prescribed by the Board of Homoeopathic Medicine constituted under the said Act and granting diplomas, and exercise and perform all the powers end functions of such Board under the said Act wit h respect to holding of such examination and granting of diplomas.]1 CHAPTER III INSPECTION AND INQUIRY Visitation 8- (1) The State Government shall have the right to cause an inspection to be made by such person or persons as it may direct, of the University or any constituent college or any Institute maintained by the University, including its buildings libraries, laboratories, workshops and equipment and also of the examinations, teaching and other works conducted or done by the University or such colleges or Institute or to cause an inquiry to be made in the like manner in respect of any matter connected with the administration and finances of the University or such college or such Institute. (2) Where the State Government decides to cause an inspection or inquiry to be made under sub-section (1), it shall inform the University of the same through the Registrar, and any person nominated by the Executive Council may be present at such inspection or inquiry as representative of the University and he shall have the right to be heard as such: Provided that no legal practitioner shall appear, plead or act on behalf of the University at such inspection or inquiry. 1- Chapter-III insertion by section 10 of U. P. Act no. 14 of 1977. 2- Subs. by section 5 of U. P. Act no. 04 of 1996. 3- Subs. by section 3 of U. P. Act no. 12 of 1997. 189 [The Uttar Pradesh State Universities Act, 1973] [Section 8] (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 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]1 of the Code of Criminal Procedure, 1973 and any proceeding before him or them shall be deemed to be judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code. (4) The State Government shall address the Vice-Chancellor with reference to the result of such inspection or inquiry, 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. (5) 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. (6) If the University authorities do not within a reasonable time, take action to the satisfaction of the State Government the Government may, after considering any explanation which the University authorities may furnish, issue such directions as it may think fit, and the University authorities shall be bound to comply with such directions. (7) The State Government shall send to the Chancellor a copy of every report of an inspection or inquiry caused to be made under sub-section (I) and of every communication received from the Vice-Chancellor under sub-section (5) and of every direction issued under sub-section (6) and also of every report or information received in respect of compliance or non-compliance with such direction. (8) Without prejudice to the provisions of sub-section (6) if the Chancellor on consideration of any document or material referred to in sub-section (7) of this section including any report of an inquiry held before the commencement of this Act, is of opinion that the Executive Council has failed to carry out its functions or has abused its powers, he may, after giving it an opportunity of submitting a written explanation, order that in super session or the said Executive Council, and Executive Council, consisting of the Vice-Chancellor and such other persons not exceeding ten in number as the Chancellor may appoint in that behalf including any member of the superseded Executive Council, shall for such period not exceeding two years as the Chancellor may from time to time specify, and subject to the provisions of sub-section (ii), exercise and perform all the powers and functions of the Executive Council under this Act. (9) Nothing in section 20 shall apply to the composition of the ad hoc Executive Council that may be constituted under sub-section (8). (10) Upon an order being made under sub-section (8), the term of office of all members of the Executive Council superseded thereby, including ex-officio members, shall cease and all such members shall vacate their offices as such.