Amendment status not verified — confirm the current text below against the official source.
(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 any affiliated or associated college, including the buildings laboratories, and equipments thereof and also of the examinations, teaching and other work conducted or done by it, or cause an inquiry to be made in respect of any-matter connected with the administration and finances of such college. (2) Where the State Government decides to cause an "inspection or inquiry to be made under sub-section (1) it shall inform the Management of the same and a representative, appointed by the Management and where the Management fails to appoint a representative, the Principal of the college 'may be present at such inspection or inquiry and shall have the right to be heard on behalf of the Management but no legal practitioner shall appear, plead or act on behalf of the College at such inspection or inquiry. (3) The person or persons appointed to inspect or inquire tinder sub-section (I) 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 section 480 and 482 of the Code of Criminal Procedure, r898 and any proceeding before him or them shall be deemed to be judicial proceeding within the meaning of section 193 and 228 of the Indian Penal Code. (4) The State Government may communicate to the Management, the result of such inspection or inquiry and may issue directions as to the action to be taken and the Management shall forthwith comply with such directions. (5) The State Government shall inform the Vice-Chancellor about any communication made by it to the Management under sub-section (4). (6) The State Government may, at any time call for any information from the Management or Principal of an affiliated or associated college in connection with such inspection or inquiry. Constituent college 41- (1) Constituent colleges shall be such as may be named by the Statutes. (2) The Principal of a constituent college shall be responsible for the discipline of the students enrolled in the colleges and shall have general control over the ministerial and inferior staff allotted to the college. He shall exercise such other power as may be prescribed by the Statutes. Autonomous College 42- (1) The University may grant in the manner prescribed, to an affiliated or associated college which satisfies the conditions prescribed in that behalf, the privileges of varying, for the students receiving instruction in such college, the courses of study prescribed by the University, and holding examination in the courses so varied. (2) The extent to which the courses may be varied and the manner of holding the examinations conducted by such college shall be determined in each case by the University. (3) Such a college shall be declared in the manner prescribed as an autonomous college. 224 [The Uttar Pradesh State Universities Act, 1973] [Ss. 43-45] Working men’s Colleges 43- (1) The University may, under such conditions as may be prescribed, recognize an affiliated or associated college as a "Working Men's College" for the purpose of providing courses for degrees to persons, otherwise eligible for admission to such courses, who may be unable to be enrolled as whole time students by reason of being engaged in business trade, agriculture or industry or employed in any other form of service. (2) The courses for such students shall extend over a period which shall not be less than one and a half times the duration prescribed for such courses for other students. (3) Each such course shall be organized separately. Institutes 44- The University may establish one or more Institutes to organize and conduct teaching and research in any subject. CHAPTER VIII ADMISSIONS AND EXAMINATIONS Admission of students 45- (1) No student shall be eligible for admission to the course of study for a degree unless- (a) he has passed -- (i) the Intermediate Examination of the Board of High School and Intermediate Education Uttar Pradesh or of any University or Board incorporated by any law for the time being in force; or (ii) any examination, or any degree conferred by any other University, being an examination or degree recognized by the University, as equivalent to the Intermediate Examination or to-a degree of the University; and (b) he possesses such further qualifications, if any, as may be specified in the Ordinances : Provided that the University may prescribe by Ordinances any lower qualifications for admission to a degree in Fine Arts. (2) The conditions under which students may be admitted to the diploma courses of the University shall be prescribed by the Ordinances. (3) The University shall have the power to recognize (for the purposes of admission to a course of study for a degree), as equivalent to its own degree, an, degree conferred by any other University or, as equivalent to the Intermediate Examination of any Indian University, any examination conducted by any other authority. (4) Any student whose work or conduct is unsatisfactory may be removed from the University or an Institute or a constituent college or an affiliated or associated college in accordance with the provisions of the Ordinances. 225 [The Uttar Pradesh State Universities Act, 1973] [Section 46-48] Bar of charging any donation, etc. for admission to a college 46- No person connected with the management of an affiliated or associated college and no Principal or other teacher or other employee thereof shall directly or indirectly take or receive or cause to be taken or received any contribution, donation, fees or any other payment of any sort, either in cash or in kind, except the fees at the rates laid down in the Ordinances, from or on behalf of any pupil as a condition for granting him admission to [or permitting him after such admission to continue in such college.]1 [Contribution and donations to colleges 46-A Where a contribution or donation, either in cash or in kind, is taken or received by any affiliated or associated college, including a college maintained exclusively by the State Government or a local authority, the contribution or donation so received shall be utilized only for the purpose for which it was given to it and in the case of a college maintained exclusively by the State Government any cash contribution or donation shall be or credited to the personal ledger account of such institution which shall be operated in accordance with the general or special orders of the State Government.]2 Halls, hostels and delegacy of the University 47- (1) This section shall apply to the Universities of Lucknow, Allahabad, Gorakhpur and such other University the State Government may by notification specify. (2) The halls and hostels of the University shall be- (a) those maintained by the University and named III the Statutes ; (b) those recognized by the Executive Council on such general or special conditions as may be provided by the Ordinances. (3) The warden and other staff of the halls and hostels shall be appointed in the manner provided by the Ordinances. (4) The Executive Council shall have power to suspend or with- draw the recognition of a hall or hostel which is not maintained in accordance with the conditions referred to in clause (b) of sub-section (2) : Provided that no such action shall be taken without giving to the management of such hall or hostel an opportunity of making a representation against the proposed action. (5) There shall be a Delegacy to supervise the arrangements relating to the residence, health and welfare of students of the University not residing in or under the care of any constituent college or hall. The constitution, power and duties of the Delegacy shall be prescribed by the Statutes. Examinations 48- Subject to the provisions of this Act and the Statutes, the Examinations Committee shall direct the arrangements for the conduct of examinations. 1- Subs. by section 14 of U.P. Act. No.5 of 1977. 2- Subs. by section 15 ibid. 226 [The Uttar Pradesh State Universities Act, 1973] [Section 49] CHAPTER IX STATUTES, ORDINANCES AND REGULATIONS Statutes 49- Subject to the provisions of this Act, the Statutes may provide for any matter relating to the University and shall, in particular, provide for- (a) the constitution, powers and duties of the authorities of the University; (b) the election, appointment and term of office of the members of the authorities of the University, including the continuance in office of the first members, and the filling in of vacancies in their membership, and all other matters relating to these authorities for which it maybe necessary or desirable to provide; (c) the powers and duties of the officers of the University ; [(d) the classification and recruitment (including minimum qualifications and experience) of Principals ,and, other teacher's of the University, and of affiliated . arid associated colleges; the maintenance by them of their annual academic progress report, the rules of conduct to be observed by them and their emoluments and other conditions of service (including provisions relating to compulsory retirement) ; (e) the recruitment (including minimum qualifications and experience) and their emoluments and other conditions of service (including provisions relating to compulsory retirement) of persons appointed to other posts under the University ;]1 (f) the constitution of a pension or provident fund or the establishment of an insurance scheme for the benefit of officers; teachers aI1d other employees of the University; (g) the institution of degrees and diplomas ; (h) the conferment of honorary degrees ; (i) the withdrawal of degrees and diplomas, certificates and other academic distinctions ; (j) the establishment, amalgamation, abolition and re-organization of Faculties; (k) the establishment of departments of teaching in the Faculties ; . (l) the establishment, abolition and re-organization of halls and hostels maintained by the University; (m) he conditions under which colleges and other institutions may be admitted to the privileges of affiliation or recognition by the University and the conditions under which any such privilege may be withdrawn; (n) the recognition of the Management of any affiliated or associated college ; 1- Inserted and always he deemed to have been inserted by section 16(i) of U.P. Act. No. 5 of 1977. 227 [The Uttar Pradesh State Universities Act, 1973] [Section 50] [(o) the number, minimum qualifications and experience, the emoluments and other conditions of service, including the age of retirement, and provisions relating to compulsory retirement of salaried employees (not being teacher's) of the University for an affiliated or associated colleges, and the preparation and maintenance of record of their service ;]3 (p) the institution of scholarships, fellowships, studentships, medals and prizes ; (q) the qualifications, conditions and manner of registration of graduates and the maintenance of a register of registered graduates ; (r) the holding of convocation, if any; and (s) all other matters which by this Act are to be or may be provided for by the Statutes. Statutes how made ? 50- (1) The First Statutes of the University shall be made by the State Government by notification in the Gazette and in the case of any existing University, for so long as the First Statutes are not so made, the Statutes as in force immediately before the commencement of this Act, in so far as they are not inconsistent with the provisions of this Act, shall, subject to such 'adaptations and modifications whether by way of repeal, amendment or addition as may be necessary or expedient, as the State Government may by notification in the Gazette provide, continue in force, and any such adaptation or modification shall not be called in question. [(1-A) The State Government may by notification in the Gazette amend whether by way of addition, substitution or omission the First Statutes at any time [up to December, 31, 1990]5 cud any such amendment may be retrospective to a date not earlier than the date of such commencement.]1 {1-B) Until the First statutes of the Puravanchal University are made under this section, the Statutes of the University of Gorakhpur, as in force immediately before the establishment of the said University shall apply to it subject to such adaptations and modifications as the State Government may, by notification, provide.}4 [(2) The Executive Council may, at any time after [December 31, 1990}6 make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1) or sub-section (1-A).]2 (3) The Executive Council shall not propose the draft of any Statute affecting the status, power or constitution of any authority of the University until such authority has been given an opportunity of expressing its opinion upon the proposal and any opinion so expressed shall be in writing and shall be submitted to the Chancellor. 1- Insertion by section 15 (i) of U. P. Act No.29 of I974. 2- Subs. by section 15 (ii) ibid. 3- Subs. by section 16 (ii) of U.P. Act No. 5 of 1977. 4- Sub. by. Section 4 of U.P Act no. 19 of 1987. 5- Sub. by. Section 3(a) of U.P Act no. 9 of 1988. 6- Subs. by section 3 (b) ibid. 228 [The Uttar Pradesh State Universities Act, 1973] [Section 51] (4) Every new Statute or addition to a Statute or any amendment or repeal of a Statute shall be submitted to the Chancellor who may assent to it or withhold his assent therefrom or remit it to the Executive Council for further consideration. (5) A Statute passed by the Executive Council shall have effect from the date it is assented to by the Chancellor or from such later date as may be specified by him. {{(6) Notwithstanding anything contained in the foregoing sub-section the State Government may in order to implement any decision taken by it in the interest of learning, teaching or research or for the benefit of teachers, students or other staff or on the basis of any suggestion or recommendation of the University Grants Commission or the State or national education policy with regard to the qualification of the teachers, require the Executive Council to make new or additional Statutes or amend or repeal the Statutes refereed to in sub-section (1) or sub-section (1-A) within a specified time and if the Executive Council fails to comply with such requirement the state Government may, with the assent of the Chancellor, make new or additional Statutes or amend or repeal the Statutes referred to in sub-section (1) or sub-section (1-A).}2 (7) The Executive Council shall have no power to amend or repeal the Statutes made by the State Government under sub-section (6) or to make new or additional Statutes inconsistent with such Statutes.}1 Ordinances 51- (1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for any matter which by this Act or the Statutes is to be or may be provided for by the Ordinances. (2) Without prejudice to the generality of the provisions of sub-section (1), the Ordinances shall provide for matters namely- (a) the 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, diplomas and other academic distinctions of the University; (c) the conditions under which students shall be admitted to the examinations degrees and diplomas of the University and shall be eligible for the award of such degrees and diplomas; (d) the conditions of the award of scholarships, fellowships studentships, bursaries medals and prizes ; (e) the conditions of residence of students at the University and the management of halls and hostels maintained by the University;