Union of India - Act
The Babasaheb Bhimrao Ambedkar University Act, 1994
UNION OF INDIA
India
India
The Babasaheb Bhimrao Ambedkar University Act, 1994
Act 58 of 1994
- Published on 30 September 1994
- Commenced on 30 September 1994
- [This is the version of this document from 30 September 1994.]
- [Note: The original publication document is not available and this content could not be verified.]
1203.
The Uttar Pradesh Dr. Bhimrao Ambedkar Act, 1989 (UP Act 25 of 1989) was enacted by the State Legislature to established and incorporate a unitary teaching and residental University at Lucknow as a memorial to the life and works of the late Dr. Bhimrao Ambedkar. However the establishment of the University under the State Act was not notified by the State Government.2. The U.P. Government had requested that the Central Govt. should either convert the Dr. B.R. Ambedkar University has resolved that this University be converted into a Central University and that it may specialize in technology courses and provide for higher per centage of seats for SCs/STs.3. The Bill seeks to establish a teaching and residential University at Lucknow in the State of Uttar Pradesh. The University shall promote advanced courses in Science and Key and frontier areas of technology and other allied disciplines in the educational programmes of the University; take appropriate measures for promoting innovations in teaching-learning process in inter-disciplinary studied and research and pay special attention to the improvement of social and economic conditions and welfare of the people of Uttar Pradesh in general and to members belonging to Scheduled Castes and Scheduled Tribes in particular by providing higher percentage of seats for SCs and STs.[30th September, 1994]An Act to establish and incorporate a teaching and residential University in the State of Uttar Pradesh and to provide for matters connected therewith or incidental thereto.BE it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows:-1. Short title and commencement. -
2. Definitions. -
In this Act, and in all Statutes made hereunder, unless the context otherwise requires,--3. The University. -
4. Objects of the University. -
The objects of the University shall be to promote advanced knowledge by providing instructional and research facilities in such branches of learning as it may deem fit; to make provisions for integrated courses in Science and key and frontier areas of Technology and other allied disciplines in the educational programmes of the University; to offer appropriate courses relevant for the development of socially and economically depressed sections of the people, including agricultural technology and rural crafts; to promote the study of the principles for which Babasaheb Bhimrao Ambedkar worked during his life time, namely, national integration. social justice and democratic way of life, and also study of the Constitutions of the world to take appropriate measures for promoting innovations in teaching learning processes in inter-disciplinary studies and research and pay special attention to the promotion of educational and economic interests and welfare of the people in General and of members belonging to the Scheduled Castes and Scheduled Tribes in particular by providing adequate percentage of seats for the Scheduled Castes and the Scheduled Tribes and the University shall, in organising its activities, have due regard to the objects specified in the First Schedule.5. Powers of the University. -
The University shall have the following powers, namely:--6. Jurisdiction. -
The jurisdiction of the University shall extend to the whole of the State of Uttar Pradesh.7. University open to all classes, castes and creed. -
The University shall be open to all persons of either sex and of whatever caste, creed, race, class, place of domicile and it shall not be lawful for the University to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the University or to hold any other office therein or be admitted as a student in the University or to graduate thereat or to enjoy or exercise any privilege thereof:Provided that nothing in this section shall be deemed to prevent the University from making special provisions for the employment or promotion of educational interests of women, physically handicapped or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes and the Scheduled Tribes.8. Residence of students. -
Every student of the University (other than a student who pursues a course of study by distance education system) shall normally reside in a Hall or hostel or under such conditions as may be prescribed by the Ordinances.9. The Visitor. -
10. Officers of the University. -
The following shall be the officers of the University:--11. The Chancellor. -
12. The Vice-Chancellor. -
13. The Pro-Vice-Chancellor. -
One or more Pro-Vice-Chancellors shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.14. Deans of Schools. -
Every Dean of a School shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.15. The Registrar. -
16. The Finance Officer. -
The Finance Officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.17. Other officers. -
The manner of appointment and powers and duties of the other officers of the University shall be prescribed by the Statutes.18. Authorities of the University. -
The following shall be the authorities of the University, namely:--19. The Board of Management. -
20. The Academic Council. -
21. The planning Board. -
22. The Board of Schools. -
The constitution, powers and functions of the Boards of Schools shall be prescribed by the Statutes.23. The Finance Committee. -
The constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes.24. Other authorities of the University. -
The constitution, powers and functions of other authorities, as may be declared by the Statutes to be the authorities of the University, shall be prescribed by the Statutes.25. Power to make Statutes. -
Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:--26. Statutes how to be made. -
27. Power to make Ordinances. -
28. Regulations. -
The authorities of the University may make Regulations, consistent with this Act, the Statutes and the Ordinances for the conduct of their own business and that of the Committees, if any, appointed by them and not provided for by this Act, the Statutes or the Ordinances, in the manner prescribed by the Statutes.29. Annual report. -
30. Annual accounts. -
31. Conditions of service of employees. -
32. Procedure of appeal and arbitration in disciplinary cases against students. -
33. Right to appeal. -
Every employee or student of the University or of a College or Institution maintained by the University shall, notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed by the Statutes, to the Board of Management against the decision of any officer or authority of the University or of the Principal of any College or Institution, as the case may be, and thereupon the Board of Management may confirm, modify or reverse the decision appealed against.34. Provident and pension funds. -
35. Disputes as to constitution of University authorities and bodies. -
If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Visitor whose decision thereon shall be final.36. Constitution of Committees. -
Where any authority of the University is given power by this Act or the Statutes to appoint Committees, such Committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other person, if any, as the authority in each case may think fit.37. Filling of casual vacancies. -
All casual vacancies among the members (other than ex officio members) of any authority or other body of the University shall be filled, as soon as may be, by the person or body who appointed, elected or co-opted the member whose place has become vacant and the person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.38. Proceedings of University authorities or bodies not invalidated by vacancies. -
No act or proceedings of any authority or other body of the University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.39. Protection of action taken in good faith. -
No suit or other legal proceedings shall lie against any officer or other employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or the Ordinances.40. Mode of proof of University record. -
A copy of any receipt, application, notice order proceeding resolution of any authority or Committee of the University, or other documents in possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or documents or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or in any other law for the time being in force.41. Power to remove difficulties. -
42. Transitional provisions. -
Notwithstanding anything contained in this Act and the Statutes--43. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament. -
1. The Chancellor (1) The Chancellor shall be appointed by the visitor of the Babasaheb Bhimrao Ambedkar University recommended by the Board of Management from amongst persons of eminence in the academic or public life of the country:
Provided that if the Visitor does not approve of any of the persons so recommended, he may call for fresh recommendations from the Board of Management.2. The Vice-Chancellor. (1) The Vice-Chancellor shall be appointed by the Visitor from a panel of not less than three persons who shall be recommended by a Committee as constituted under clause (2):
Provided that if the Visitor does not approve of any of the persons included in the panel, he may call for a fresh panel.3. Powers and duties of the Vice-Chancellor. (1) The Vice-Chancellor shall be ex officio Chairman of the Board of Management, the Academic Council, the Planning Board and the Finance Committee and shall, in the absence of the Chancellor, preside at the convocations held for conferring degrees.
4. Pro-Vice-Chancellor. (1) Every Pro-Vice-Chancellor shall be appointed by the Board of Management on the recommendation of the Vice-Chancellor:
Provided that where the recommendation of the Vice-Chancellor is not accepted by the Board of Management, the matter shall be referred to the Visitor who may either appoint the person recommended by the Vice-Chancellor or ask the Vice-Chancellor to recommend another person to the Board of Management:Provided further that the Board of Management may, on the recommendation of the Vice-Chancellor, appoint a Professor to discharge the duties of a Pro-Vice-Chancellor in addition to his own duties as a Professor.5. Registrar. (1) The Registrar shall be appointed by the Board of Management on the recommendation of a Selection Committee constituted for the purpose and shall be a whole-time salaried officer of the University.
6. The Finance Officer. (1) The Finance Officer shall be appointed by the Board of Management on the recommendations of a Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University.
7. Deans of Schools of Studies. (1) Every Dean of a School of Studies shall be appointed by the Vice-Chancellor from among the Professors in the School for a period of three years and he shall be eligible for reappointment:
Provided that a Dean on attaining the age of sixty years shall cease to hold office as such:Provided further that if at any time there is no Professor in a School, the Vice-Chancellor, or a Dean authorised by the Vice-Chancellor in this behalf, shall exercise the powers of the Dean of the School.8. Heads of Departments (1) In the case of Departments which have more than one Professor, the Head of the Department shall be appointed by the Board of Management on the recommendation of the Vice-Chancellor from among the Professors.
9. Proctors. (1) Every Proctor shall be appointed by the Board of Management on the recommendation of the Vice-Chancellor and shall exercise such powers and perform such duties as may be assigned to him by the Vice-Chancellor.
10. Librarian. (1) The Librarian shall be appointed by the Board of Management on the recommendations of the Selection Committee constituted for the purpose and he shall be whole-time officer of the University.
11. Management. Quorum for meetings of the Board of Management. (1) The Board of Management shall consist of the following members, namely:--
(i)Vice-Chancellor;(ii)Pro-Vice-Chancellors;(iii)Dean of Schools of studies to be appointed by the Vice-Chancellor by rotation according to seniority;(iv)one Head of the Department of the University, who is not a Dean, to be nominated by the Vice-Chancellor by rotation according to seniority;(v)one Professor, who is not a Dean or Head, to be appointed by the Vice-Chancellor by rotation according to seniority;(vi)one Reader, who is not a Head, to be appointed by the Vice-Chancellor by rotation according to seniority;(vii)one Lecturer to be appointed by the Vice-Chancellor by rotation according to seniority;(viii)three representatives of the House of the People and the Council of States, two to be nominated by the Speaker of the House of the People and one by the Chairman of the Council of States from amongst the Members thereof;(ix)a representative of the Ministry of Human Resource Development (Department of Education) Government of India, to be nominated by the Visitor;(x)a representative of the University Grants Commission to be nominated by the Visitor;(xi)four persons of distinction in academic and/or public life to be nominated by the Visitor.12. Powers and functions of the Board of Management.(1) The Board of Management shall have the power of management and administration of the revenue and property of the University and the conduct of all administrative affairs of the University not otherwise provided for.
13. Academic Council. (1) The Academic Council shall consist of the following members, namely:--
(i)Vice-Chancellor;(ii)Pro-Vice-Chancellor;(iii)Dean of Schools of studies;(iv)Heads of the teaching departments;(v)All Professors;(vi)four Readers to be appointed by the Vice-Chancellor by rotation according to seniority;(vii)four Lecturers to be appointed by the Vice-Chancellor by rotation according to seniority;(viii)Librarian;(ix)four persons not in the service of the University to be nominated by the Vice-Chancellor on the recommendations of the Academic Council for their special knowledge;(x)two representatives of students to be nominated by the Vice-Chancellor on academic merit, one from amongst the research scholars and the other from the post-graduate students from the various schools of studies/Departments of the University on rotation basis.14. Quorum for meetings of the Academic Council. Nine Members of the Academic Council shall form a quorum for a meeting of the Academic Council.
15. Powers of the Academic Council. Subject to the Act, the Statutes and the Ordinances, the Academic Council shall, in addition to all other powers vested in it, have the following powers, namely:--
16. The Planning Board (1) The Planning Board shall be the principal planning body of the University and shall be responsible for--
(a)reviewing the educational programmes offered by the University;(b)organising the structure of education in the University so as to provide opportunities to students to offer different combinations of subjects appropriate for the development of personality and skills for useful work in society;(c)creating an atmosphere and environment conductive to value-oriented education; and(d)developing new teaching-learning processes which will combine the lectures, tutorials, seminars; demonstrations; self-studies and collective practical projects.17. Schools of Studies and Departments. (1) The University shall have such Schools of Studies as may be specified by the Ordinances.
18. Board of Studies. (1) Each Department shall have a Board of Post-graduate Studies and a Board of Under-graduate Studies.
19. Finance Committee. (1) The Finance Committee shall consist of the following members, namely:--
(i)the Vice-Chancellor;(ii)one or more Pro-Vice-Chancellors, as the case may be;(iii)three persons nominated by the Board of Management, out of whom at least one shall be a member of the Board of Management; and(iv)three persons nominated by the Visitor.20. Selection Committees. (1) There shall be Selection Committees for making recommendations to the Board of Management for appointment to the posts of Professor, Reader, Lecturer, Registrar, Finance Officer, Librarian and Principals of Colleges and Institutions maintained by the University.
| Professor | (i) The Head of the Department concerned if he is a Professor. |
| (ii) One Professor to be nominated by the Vice-Chancellor. | |
| (iii) Three persons not in the service of the University, nominated by the Board of Management, out of a panel of names recommended by the Academic Council for their special knowledge of, or interest in, the subject with which the Professor will be concerned. | |
| Reader/Lecturer | (i) The Head of the Department concerned. |
| (ii) One Professor to be nominated by the Vice-Chancellor. | |
| (iii) Two persons not in the service of the University, nominated by the Board of Management, out of a panel of names recommended by the Academic Council for their special knowledge of, or interest in, the subject with which the Reader or a Lecturer will be concerned. | |
| Registrar, Finance Officer | (i) Two members of the Board of Management nominated by it. |
| (ii) One person not in the service of the University nominated by the Board of Management. | |
| Librarian | (i) Two persons not in the service of the University, who have special knowledge of the subject of the Library Science Library Administration to be nominated by the Board of Management. |
| (ii) One person not in the service of the University, nominated by the Board of Management. | |
| Principal of College or Institution | Three persons not in the Institution maintained service of the University of by the University whom two shall be nominated by the Board of Management and one by the Academic Council for their special knowledge of, or interest in, a subject in which instruction is being provided by the College or Institution. |