Section 4

Amendment status not verified — confirm the current text below against the official source.

Ins. by section 8 (c) ibid. 209 [The Uttar Pradesh State Universities Act, 1973] [Section 28] [Provided also that if there is no Professor, in the Faculty, the office of the Dean shall be held by Readers and if there are no Readers, then by other teachers in that faculty by rotation in order of seniority.]2 (5) The Dean shall be the Chairman of the Board of Faculty and be responsible for-- (a) the organization and conduct of the teaching and research work of departments comprised in the Faculty; and (b) the due observance of the Statutes, Ordinances and Regulations relating to the Faculty. [(6) In each Department of teaching in the University; there shall be a Head of the Department whose appointment shall be regulated by Statutes : Provided that every person holding the office of Head of Department immediately before the date of commencement of this sub-section shall, subject to the provisions of this Act and the Statutes, continue to hold office on the same terms and conditions as he held immediately before the said date.]1 (7) The Head of Department shall be responsible to the Dean for the organization of teaching in the department, and have such other powers and duties as may be provided in the Ordinances. (8) There shall be constituted in accordance with the provisions of the Ordinances, Boards of Studies in respect of different subjects of study and more than one subject may be assigned to one Board of Studies. Admissions Committee 28- (1) There shall be an Admissions Committee of the University the constitution of which shall be such as may be provided for in the Ordinances. (2) The Admissions Committee shall have the power to appoint such number of sub-committees as it thinks fit. (3) Subject to the superintendence of the Academic Council and to the provisions of sub-section (5), the Admissions Committee shall lay down the principles or norms governing the policy of admission to various courses of studies in the University and may also nominate a person or a sub-committee as the admitting authority in respect of any course of study in an Institute or a constituent college maintained by the University. (4) Subject to the provisions of sub-section (5), the Committee may issue any direction as respects criteria or methods of admissions [including the number of students to be admitted]3 to constituent colleges maintained by the State Government and to affiliated or associated colleges, and such directions shall be binding on such colleges. 4{(5) Notwithstanding anything contained in any other provision of this Act— 1- Substituted by section 10 of U. P. Act No. 5 of 1977. 2- Ins. by section 11 (b) ibid. 3- Ins. by section 11 (c) ibid. 4- Sub. by section 6 of U.P. Act no. 20 of 1994. 210 [The Uttar Pradesh State Universities Act, 1973] [Section 29] (a) reservation of seats for admission in any course of study in University Institute, constituent college, affiliated college or associated college for the students belonging to the Scheduled Castes, Scheduled Tribes and other backward classes of citizens may be made and regulated by such orders as the State Government may, by notification, make in that behalf: Provided that reservation under this clause shall not exceed fifty per cent of the total number of seats in any course of study: Provided further that reservation under this clause shall not apply in the case of an institution established and administered by minorities referred to in clause (1) of Article 30 of the constitution: Provided also that the reservation under this clause shall not apply to the category of other backward classes of citizens specified in Schedule II to the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes), 1994. (b) admission to medical and engineering college and to courses of instruction for degrees in education and Ayurvedic or Unani systems of medicine (including the number of students to be admitted), shall subject to clause (a), be regulated by such orders (Which if necessary may be with retrospective effect, but not effective prior to January 1, 1979) as the State Government may by notification, make in that behalf: Provided that no order regulating admission under this clause shall be inconsistent with the rights of minorities in the matter of establishing and administering educational institutions of their choice; (c) in making an order under clause (a), the State Government may direct that any person who wilfully acts in a manner intended to contravene, or defeat the purposes of the order shall be punishable with imprisonment for a term not exceeding three months or with fine not exceeding one thousand rupees, or with both, as may be specified in the order. (5-A) Every order made under clause (a) of sub-section (5) shall be laid, as soon as may be, before both Houses of the State Legislature and the provisions of sub-section (1) of section 23-A of the Uttar Pradesh General Clauses Act, 1904 shall apply as they apply in respect of rules made by the State Government under any Uttar Pradesh Act.}1 (6) No student admitted to any college in contravention of the provisions of this section shall be permitted to take up any examination conducted by the University, and the Vice-Chancellor shall have the power to cancel any admission made in such contravention. Examinations Committee 29- (1) There shall be an Examinations Committee in the University the constitution of which shall be as may be provided for in the Ordinances. (2) Except as provided in sub-section (2) of section 42 the Committee shall supervise generally all examinations of the University, including moderation and tabulation, and perform the following other functions, namely :-- 1- Substituted by section 6 of U. P. Act no, 20 of 1994. 211 [The Uttar Pradesh State Universities Act, 1973] [Section 30-31] (a) to appoint examiners and moderators and if necessary, to remove them; (b) to review from time to time the results of 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, finalise the same and declare the result of the University. (3) The Examinations Committee may appoint such number of sub- committees as it thinks fit, and in particular, may delegate to any one or more persons or sub-committees 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 an Exanimations Committee or, as the case may be, for a sub-committee or any person to whom the Examinations Committee has delegated its power in shall behalf under sub-sect ion (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.]1 Other authorities 30- The constitution, powers and duties of other authorities of' the University shall be such as may be prescribed. CHAPTER VI APPOINTMENT AND CONDITIONS OF SERVICE OF TEACHERS AND OFFICERS Appointment of teachers 31- (1) Subject to the provisions of this Act, the teachers of the University and the teachers of an affiliated or associated college (other than a college maintained exclusively by the State Government [ * * * ]3) shall be appointed by the Executive Council or the Management of the affiliated or associated college, as the case may be, on the recommendation of a Selection Committee in the manner hereinafter provided, {the Section Committee shall meet as often as necessary.}4 (2) The appointment of every such teacher, Director and Principal not being an appointment under sub-section (3), shall in the first instance be on probation for one year which may be extended for a period not exceeding one year: Provided that no order of termination of service during or on the expiry of the period of probation shall be passed- [Provided further that no such order of termination shall be passed except after notice to the teacher concerned giving him on opportunity of explanation in respect of the grounds on which his services are proposed to be terminated: Provided also that if a notice is given before the expiry of the period of probation or the extended period of probation, as the case may be, the period of probation shall stand extended until the final order of the Executive Council under clause (a) of the first proviso or, as the case may be, until the approval of the Vice- Chancellor under section 35 is communicated to the teacher concerned --]2 1- Ins. by section 5(b) of U. P. Act No. 21 of 1975. 2- Ins. by section 12 (i) of U. P. Act No. 5 of 1977. 3- Deleted by section 10 of U.P. Act No. 12 of 1978. 4- Added by section 3(a) of U. P. Act No. 1 of 1992. 212 [The Uttar Pradesh State Universities Act, 1973] [Section 31] (a) in the case of a teacher of the University, except by order of the Executive Council made after considering the report of the Vice-Chancellor and (unless the teacher is himself the Head of the Department), the Head of the Department concerned; (b) in the case of Principal of an affiliated or associated college, except by order of the Management; and (c) in the case of any other teacher of an affiliated or associated college, except by order of the Management made after considering the report of the Principal and (unless such teacher is the senior-most teacher of the subject), also of the senior- most teacher of the subject. (3) (a) In the case of teacher of the University other than a Professor, the Vice-Chancellor in consultation with the Dean of the Faculty and the Head of the Department concerned and an expert nominated by the Chancellor in that behalf and in the case of a teacher of an affiliated or associated college, the Management in consultation with an expert nominated by the Vice-Chancellor in that behalf may make officiating appointment in a vacancy caused by the grant of leave to an incumbent for a period not exceeding ten months without reference to the Selection Committee, but shall not fill any other vacancy or post likely to last for more than six months without such reference. [(b) Where before or after the commencement of this Act, any teacher is appointed (after reference to a Selection Committee) to a temporary post likely to last for more than six months and such post is subsequently converted into a permanent post, or to a permanent post; in a vacancy caused by the grant of leave to an incumbent for a period exceeding ten months and such post subsequently becomes permanently vacant or any post of same cadre and grade is newly created or falls vacant in the same department, then unless the Executive Councilor the Management, as the case may be, decided to terminate his services after giving an opportunity to show cause, it may appoint such teacher in a substantive capacity to that post without reference to the Selection Committee: Provided that this clause shall not apply unless the teacher Concerned holds the prescribed qualifications for the post at the time of such substantive appointment, and he has served continuously for a period of not less than one year after his appointment made after reference to a Selection Committee: Provided further that appointment in a substantive capacity under this clause of a teacher who had served, before such appointment, continuously for a period or less than two years shall be on probation for one year which may be extended for a period not exceeding one year and the provisions of sub-section (2) shall apply accordingly;]1 {(c) Any teacher of the University who was appointed as lecturer on or before June, 30,1991 without reference to the Selection Committee by way of a short term arrangement in accordance with the provisions for the time being in force for such appointment, may be given substantive appointment by the Executive Council, if any substantive vacancy of the same cadre and grade in the same department is available on November 22, 1991 if such teacher- - (i) is serving as such on November 22, 1991 continuously since such initial appointment by way of short term arrangement; 1- Substituted by section 12 (ii) of U. P. Act No. 5 of 1977. 213 [The Uttar Pradesh State Universities Act, 1973] [Section 31] (ii) possessed on November 22, 1991the qualification required for regular appointment to the post under the provisions of the relevant Statutes in force on the date of the initial appointment; (iii) has been found suitable for regular appointment by the Executive council. A teacher appointed by way of short term arrangement as aforesaid who does not get a substantive appointment under this clause shall cease to hold such post on such date as the Executive Council may specify.}3 (4) (a) The Selection Committee for the appointment of a teacher of the University (other than the Director of an Institute and. the Principal of a constituent college), shall consist of- (i) the Vice-Chancellor, who shall be the Chairman thereof; (ii) the Head of the Department concerned : Provided that the Head of the Department shall not sit in the Selection Committee, when he is himself a candidate for appointment or when the post concerned is of a higher rank than his substantive post and in that event his office. shall be filled by the Professor in the Department and if there is no Professor by the Dean of the Faculty: [Provided further that where the Chancellor is satisfied that in the special circumstances of the cage, a Selection Committee cannot be constituted in accordance with the proviso preceding he may direct the constitution of the Selection Committee in-such manner a he thinks fit;]1 (iii) in the case of a Professor or Reader, three experts, and in any other case, two experts to be nominated by the Chancellor ; (iv) in the case of appointment of teachers in a department of a constituent medical college upgraded under any scheme sanctioned by the Central Government, one nominee each of the Central Government and the State Government; : (v) in the case of appointment of teachers of an Institute or constituent college, the Director of the Institute or the Principal of the constituent college, as the case may be. (b) The Selection Committee for the appointment of the Director of an Institute or the Principal of a constituent college shall consist of-- (i) the Vice-Chancellor, who shall be the Chairman thereof; (ii) two experts to be nominated by the Chancellor. (c) [* * *]3 (d) [* * *]3 1- Substituted by section 12 (iii) (1) act no. 5 of 1977. 2- Added by section 3(b) of U.P. Act no. 01, 1992. 3- Deleted by section 2 of Uttarakhand Act No. 14 of 2003. 214 [The Uttar Pradesh State Universities Act, 1973] [Section 31] [(e) (i) Selection Committee for the appointment of Lectures in affiliated or associated College (other than a college maintained exclusively by the State Government or by a Local Authority) shall consist of— (1) Chairperson of the Governing Body of the College or his/her nominee shall be the Chairperson of the Selection Committee ; (2) the principal of the concerned College; (3) one senior teacher/head of the Department (of the subject concerned) having at least ten years experience as lecturer; (4) two nominees of the Vice-Chancellor of the affiliating University of whom one should be subject expert; (5) two members one of whom is subject expert not of the college to be nominated by the Chairperson of the Governing body of the college concerned out of a panel of names approved by the Vice-Chancellor : Provided that for the meeting of the selection committee presence of five members shall be deemed quorum and the presence of at least two members out of the three subject experts shall be compulsory; (ii) Selection committee for the appointment of Principal in affiliated or associated college (other than a college maintained exclusively by the State Government or by a Local authority) shall consist of— (1) Chairperson of the Governing board as Chairperson; (2) one member of the Governing body shall be nominated by the Chairperson; (3) two Vice-Chancellor’s nominees, out of whom one should be an expert; (4) three experts nominated by the Governing body of the college out of the panel approved by the Vice-Chancellor which is principal of the college, a professor of the University and renowned educationist not below the rank of a professor: Provided that at least four members, including two subject experts, shall constitute the quorum.]1 (5) (a) A panel of six or more experts in each subject of study shall be drawn up by the Chancellor after consulting the corresponding faculty in Indian. Universities or such academic bodies or research institutions in or outside Uttar Pradesh as the Chancellor may Consider necessary, Every expert to be nominated by the Chancellor under sub-section (4) shall be a person whose name is borne on such panel. (b) The Board of each Faculty shall maintain a standing panel of sixteen or more experts in each subject of study, and every expert to be nominated by the Vice-Chancellor under sub-section (4) shall be a person whose name is borne on the panel. 1- Substituted by section 2 of Uttarakhand Act No. 10 of 2005. 215 [The Uttar Pradesh State Universities Act, 1973] [Section 31] (c) A panel referred to in clause (a) or clause (b) shall be revised after every three years. [(d) The Chancellor or the Vice-Chancellor, as the case may be, may intimate in a specified order, a larger number of names of experts than required under sub-section (4) for serving as his nominees on the Selection Committee. In such case, on any person whose name appears higher in the specified order not being available for a meeting of the Selection Committee, a person whose name appears nearest lower in the specified order shall be requested to serve on the Committee.]1 Explanation I-- For the purposes of this sub-section, a branch of subject in which a separate course of study is prescribed for a Post-Graduate degree or for Part I or Part II thereof shall be deemed to be a separate subject of study. Explanation II-- Where the post of teacher to be selected is common to more than one subject of study, the expert may belong to either of such subjects of study. (6) No recommendation made by a Selection Committee referred to in sub- section (4), shall be considered to be valid unless one of the experts had agreed to such selection. (7) Subject to the provisions of sub-section (6), the majority of the total membership of any Selection Committee shall form the quorum of such Committee. {Provided that in the case of a Professor or a Reader, the persons present to form the quorum must include atleast two experts.}4 [(7-A) It shall be open to the Selection Committee to recommend one or more but not more than three names for each post.]2 (8) (a) In the case of appointment of a teacher of the University, if the Executive Council does not agree with the recommendation made by the Selection Committee, the Executive Council shall refer the matter to the Chancellor along with the reasons of such disagreement, and his decision shall be final. [Provided that if the Executive Council does not take a decision on the recommendations of the Selection Committee within a period of four months from the date of the meeting of such Committee, then also the matter shall stand referred to the Chancellor, and his decision shall be final.]3 {(aa) Where the failure of the Executive Council to take a decision within the period specified in the proviso to clause (a) is not attributable to any fault of the Executive Council, the Chancellor may require the Executive Council to take a decision within such time as the Chancellor may, from time to time, allow and may direct the Vice-Chancellor to call a meeting of the Executive council for the purpose: Provided that --- 1- Ins. by section 12(ii) of U. P. Act No. 29 of 1974. 2- Ins. by section 12(iii) and be deemed always to have been inserted. 3- Insertion by section 12(iv) U. P. Act No. 5 of 1977. 4- Added proviso by section 2(a) of U.P. Act no. 4 of 1995. 216 [The Uttar Pradesh State Universities Act, 1973] [Section 31] (i) if the Executive Council does not agree with the recommendations made by the Selection Committee, the Executive Council shall refer the matter to the Chancellor alongwith the reasons of such disagreement and his decision shall be final; (ii) if the Executive Council does not take a decision within the time allowed by the Chancellor, the Chancellor shall decide the matter and his decision shall be final;}5 (b) In the case of appointment of a teacher of an affiliated or associated college, if the Management does not agree with the recommendation made by the Selection Committee, the Management shall refer the matter to the Vice-Chancellor along with the reasons of such disagreement, and his decision shall be final : Provided that in the case of appointment of a teacher of an affiliated or associated college, established and administered by a minority referred to in clause (1) of Article 3o of ‘the Constitution of India’, if the Management does not agree with the recommendation made by a Selection Committee, the-Management shall have the right to appoint another Selection Committee and the decision of that Committee shall be final: (9) The disqualification of members of Selection Committee for appointment of teachers of the University and the Principals and other teachers of such affiliated or associated colleges on the ground of interest for participating in the deliberations of such Committees and other matters relating to appointment of such Principals and teachers shall be prescribed by the Statutes. (10) No selection for any appointment under this section shall be made except after advertisement of the vacancy in at least three issues of two newspapers having adequate circulation in Uttar Pradesh. [(11) (a) No teacher recommended by the Selection Committee shall be appointed by the Management of an affiliated or associated college (other then a college maintained exclusively by the State Government) unless prior approval of the Vice-Chancellor has been obtained; (b) The Management shall as soon as possible, after the meeting of the Selection Committee submit the recommendation of the Committee along with otter relevant documents to the Vice-Chancellor for approval; (c) The Vice-Chancellor, if he is satisfied that the candidate recommended by the Selection Committee does not possess the minimum qualifications or experience prescribed, or that the procedure laid down in the Act for the selection of the teacher has not been followed shall convey to the Management his disapproval: Provided that if the Vice-Chancellor docs not convey hill disapproval within a period of one month from the date of receipt of the documents referred to in clause (b), or does not send to the Management any intimation in connection herewith, he shall be deemed to have approved of the proposal. (12) Notwithstanding anything contained in this section, the Executive Council, with the prior approval of the Chancellor, or the Management with the prior approval of the Vice-Chancellor, may appoint on deputation on the post of a teacher any Government servant who possesses (he qualifications prescribed for the post. 1- Added proviso by section 2(a) of U.P. Act No. 4 of 1995 217 [The Uttar Pradesh State Universities Act, 1973] [Section 31A-31AA] (13) The Principal of the King George's Medical College, Lucknow shall be appointed on the recommendation of the Selection Committee constituted under clause (b) of sub-section (4) from amongst the Professors of the said College, and the provisions of sub-section (10) shall not apply in relation to such selection.]1 {Personal promotion to Teachers of University 31-A (1) Notwithstanding anything to the contrary contained in any other provision of this Act, {a Lecturer in the University appointed under section 31, or a Reader in the University appointed under section 31 or promoted under this section}3, who has put in such length of service and possesses such qualifications, as may be prescribed, may be given personal promotion, respectively to the post of Reader or Professor. (2) Such personal promotion shall be given on the recommendation of the Selection Committee, constituted under clause (a) of sub-section (4) of section 31, in such manner and subject to such conditions as may be prescribed. (3) Nothing contained in this section shall affect the posts of the teachers of the University to be filed by direct appointment in accordance with the provisions of section 31.}2 {Promotion to the post of Associate Professor and Professor 31-AA (1) Notwithstanding anything contained in any other provision of this Act, an Assistant Professor substantively appointed in the Faculty of Medicine or Dental Science of the University of Lucknow or an Associate Professor, substantively appointed, or promoted under this section, in the said faculties of the said University, who has put in such length of service and possesses such qualifications as may be prescribed, may be given personnel promotion respectively to the post of Associate Professor or Professor. (2) The Promotion under sub-section (1) shall be given on the recommendation of the Selection Committee, constituted under clause (a) of sub- section (4) of section 31, in such manner and subject to such conditions as may be prescribed. Explanation:-- With regard to the Faculty of Medicine or Dental Science of the University of Lucknow, the word ‘Reader’ referred to in clause (a) of sub- section (4) of section 31 shall be construed as “Associate professor”.}4 {(3) Notwithstanding anything contained in sub-section (1) of sub-section (2) or in any other provisions of this Act, every person who was promoted to the post of Associate Professor or Professor in a Faculty referred to in sub-section (1) in accordance with the order No. 842/15-10-97-11(7)/96, dated April 11, 1997 issued by the State Government and is continuing in service as such on the sate of the commencement of the Uttar Pradesh State Universities (Third Amendment) Act, 1999 shall be deemed to have been promoted to such post under sub-section (1) from the date of such promotion.}5 1- Substituted by section 12 (v) of U. P. Act no. 5 of 1977. 2- Ins. by section 2 of U.P. Act no. 9 of 1985. 3- Subs. by section 9 of U. P. Act no, 4 of 1996. 4- Ins. by section 2 of U. P. Act no. 9 of 1998. 5- Ins. by section 2 of U. P. Act no. 21 of 1999. 218 [The Uttar Pradesh State Universities Act, 1973] [Section 31B-34] Special provision with regard to appointment 31-B {(1) Notwithstanding anything to the contrary contained in any other provision of this Act or in the Uttar Pradesh Higher Education services Commission Act, 1980, appointment to the post of principal or teacher of the Motilal Nehru Regional Engineering College, Allahabad shall be made in accordance with the rules and bye-lays of the Motilal Nehru Regional Engineering College Society, Allahabad. (2) All appointments made before the commencement of the Uttar Pradesh State Universities (Amendment) Act, 1998 in accordance with the provisions of sub-section (1) shall be deemed to have been made under the said sub-section as if the provisions of the said bus-section were in force at all material times.}3 Contract of appointment of teachers of the Universities 32- (1) Except as otherwise provided by Statutes salaried officer and teacher of the University shall be appointed except under a written contract which shall be consistent with the provisions of this Act, the Statutes and the Ordinances. (2) The original contract shall be lodged with the Registrar and a copy thereof shall be furnished to the officer or teacher concerned. (3) In the case of an officer or teacher employed before the commencement of this Act, all contracts in force, immediately before such commencement, shall, to the extent of any inconsistency with the provisions of this Act or the Statutes or the Ordinances be deemed to have been modified by the said provisions. (4) Notwithstanding anything contained in any contract or other instrument, teachers of any constituent medical college shall not have the right of private practice, except to such extent, if any, and subject to such conditions and restrictions as the State Government may by general or special order specify. Pensions, provident Fund, etc. 33- The University and every affiliated or associated college shall constitute, for the benefit of its officers, teachers and other employees, in such manner and subject to such conditions, [as may be specified by general or special order by the State Government]2, such pension, insurance or provident fund, as it may deem fit including a fund from which such teachers or their heirs, as the case may be, shall be paid pension or gratuity in the event of the incurring disability, wound or death in connection with the discharge of their duties as Superintendent of a Centre or invigilator as defined in Uttar Pradesh Universities (Provisions Regarding Conduct of Examinations) Act,1965. Limits of additional remunerative work permissible to teachers 34- (1) The conditions regarding payment of remuneration to the teachers of the University or for an affiliated or an associated college for any duties performed in connection with any examination conducted by an Indian University or any body other than Public Service Commission [XXX]1 shall be such as may be prescribed. (2) No teacher of the University or of an affiliated or associated college shall at any time, hold more than one remunerative office carrying duties other than teaching or duties connected with any examination. 1- Omit by section 13 of U. P. Act no. 29 of 1974. 2- Sub. by section 6 of U. P. Act no. 21 of 1975. 3- Ins. by section 3 of U. P. Act no. 9 of 1998. 219 [The Uttar Pradesh State Universities Act, 1973] [Section 35-36] Explanation-The words "remunerative offices" include the offices of Warden or Superintendent of a Hall or Hostel, Proctor, Games Superintendent, Librarian, and any office in the National Cadet Corps, National Sports Organization, National Social Service Scheme and University Employment Exchange . Condition of service of teacher of affiliated or associated college other than those maintained by Government or local authority 35- (1) Every teacher in an affiliated or associated college (other than a college maintained exclusively by the State Government or a local authority) shall be appointed under a written contract which shall contain such terms and conditions as may be prescribed. The contract shall be lodged with the University and a copy thereof shall be given to the teacher concerned, and another copy thereof shall be retained by the college concerned. (2) Every decision of the Management of such college to dismiss or remove a teacher or to reduce him in rank or to punish him in any other manner shall, before it is communicated to him, be reported to the Vice-Chancellor and shall not take effect unless it has been approved by the Vice-Chancellor : Provided that in the case of colleges established and administered by a minority referred to, in clause (1) of Article 30 of the Constitution of India, the decision of the management dismissing, removing or reducing in rank or punishing in any other manner any teacher shall not require the approval of the Vice- Chancellor, but shall be reported to him and unless he is satisfied that the procedure prescribed in this behalf has been followed, the decision shall not be given effect to. (3) The provisions of sub-section (2) shall also apply to any decision to terminate the services of a teacher, whether by way of punishment or otherwise, but shall not apply to any termination of service on the expiry of the period for which the teacher was appointed : Provided that in the case of colleges established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India, the decision of the management terminating the service of any teacher shall not require the approval of the Vice-Chancellor, but, shall be reported to him and unless he is satisfied that the procedure prescribed in this behalf has been' followed, the decision shall not be given effect to. (4) Nothing in sub-section (2) shall be deemed to apply to an order of suspension pending inquiry, but any such order may be stayed, revoked or modified by the Vice-Chancellor : Provided that in the case of colleges established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India, such order may be stayed, revoked or modified by the Vice- Chancellor only if the conditions prescribed for such suspension are not satisfied. (5) Other conditions of service of teachers of such colleges shall be such as may be prescribed. Tribunal of Arbitration 36- (1) Any dispute arising out of a contract of appointment referred to in section 32 or section 35 shall be referred to a Tribunal of Arbitration which shall consist of the following members, namely:- 220 [The Uttar Pradesh State Universities Act, 1973] [Section 37] (a) in the case of an officer or teacher of the University, One member nominated by the Executive Council, one member nominated by the officer or teacher concerned, and one member (who shall act as convener) nominated by the Chancellor; (b) in the case of a teacher of an affiliated or associated college, one member nominated by the management of the college, one member nominated by the teacher concerned, and one member (who shall act as convener) nominated by the Vice- Chancellor : Provided that in. the case of. colleges established and administered by a minority referred to in clause (1) of Article 30 of ‘the Continuation of India’, the Convener shall be selected by the nominees of the management and the teacher concerned out of a panel of five persons suggested by the management and approved by the Vice-Chancellor: Provided further that in the event of their failure to appoint the Convener within the time prescribed the Vice-Chancellor shall nominate a Convener out of the panel. (2) If for any reason, a vacancy occurs in the office of a member of the Tribunal the appropriate person or body concerned shall nominate another person in accordance with provisions of sub-section (I) to fill the vacancy and the proceedings maybe con tinned before the Tribunal from the stage at which the vacancy is filled. (3) The decision of the Tribunal shall be final and binding on the parties and shall not be questioned in any court. . (4) The Tribunal of Arbitration shall have the power-s- (i) to regulate its own procedure ; (ii) to order re-instatement of the officer or teacher concerned; and (iii) to award salary to the officer or teacher concerned, after deducting there from such income which such officer or teacher might have otherwise derived during his suspension, removal, dismissal or termination from service. (5) Nothing contained in any law for the time being in force relating to arbitration shall apply to arbitration under this section. (6) No suit or proceedings shall lie in any court in respect of any matter which is required by sub-section (r) to be referred to the Tribunal of Arbitration: Provided that every decision of the Tribunal referred to in sub-section (3) shall be executable by the lowest court having territorial jurisdiction, as if it were a decree of that court. CHAPTER VII AFFILIATION AND RECOGNITION Affiliated Colleges 37- (1) This section shall apply to the Universities of Agra, Gorakhpur, Kanpur and Meerut and such other Universities (not being the Universities of Lucknow and Allahabad) as the State Government may by notification in the Gazette, specify. \ 221 [The Uttar Pradesh State Universities Act, 1973] [Section 38] (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 subject, to the provisions of sub-section (8), Withdraw or curtail any such privilege. [* * *]1 (3) It shall be lawful for an affiliated college to make arrangement with any other affiliated 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 an affiliated 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. (5) Every affiliated college shall furnish such reports, returns and other particulars as the Executive Councilor the Vice-Chancellor may call for. (6) The Executive Council shall cause every affiliated college to be inspected from time to time at intervals not exceeding five years by One or more persons authorised by it in that behalf and a report of the inspection shall be made to the Executive Council. (7) The Executive Council may direct an affiliated college so inspected to take such action as may appear to it to be necessary with in such period as may be specified. (8) The privileges of affiliation of a college which fails to company with any direction of the Executive Council under sub-section (7) or to fulfil the conditions of affiliation may, after obtaining a report fro ill 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 Statutes. [(9) Notwithstanding anything contained in sub-sections (2) and (8), if the Management of an affiliated college has failed to fulfill the conditions of affiliation the Chancellor may, after obtaining a report from the Management and the Vice- Chancellor, withdraw or our tail the privileges of affiliation.]2 Associated Colleges 38- (1) This section shall apply to the Universities of Lucknow and Allahabad and such other Universities (not being the Universities of Agra, Gorakhpur, Kanpur or Meerut or the [[Uttarakhand]4 Sanskrit Vishvavidyalaya, Haridwar]3) as the State Government may, by notification in the Gazette, specify. (2) Associated colleges shall be such as may be named by the Statutes.