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State of Uttar Pradesh - Act

The UTTAR PRADESH POLICE AND FORENSIC SCIENCE UNIVERSITY ACT, 2020

UTTAR PRADESH
India

The UTTAR PRADESH POLICE AND FORENSIC SCIENCE UNIVERSITY ACT, 2020

Act 4 of 2020

Published in Uttar Pradesh Legislature on 6 March 2020
Commenced on 6 March 2020
[This is the version of this document from 6 March 2020.]

Chapter 1
1. Short title, extent and commencement

(1)This Act may be called the Uttar Pradesh Police and Forensic Science University Act, 2020:

(2)It shall extend to the whole of Uttar Pradesh.

(3)It shall come into force on such date as State Government may, by notification in the. Gazette, appoint.

2. Defintions

In this Act, unless the context otherwise requires,-"Academic Council" means the Academic Council of the University constituted under section 24;"Board" means the Board of Governors of the University constituted under section 20;"Chancellor" means the Chancellor of the University referred to in section 9;"Dean" means the Deans of the University appointed under section 13;"Director of Research and Development" means the Director of Research and Development of the University appointed under the provisionssection 28;"Directors" means the Directors of the Institutes or the centres of the University appointed under section 29;"General Council" means the General Council orthe University Constituted under Section 16."Vice-Chancellor" means the Vice-Chancellor of the University appointed under section 10;"Finance Committee" means the Finance Committee of the University constituted under section 26;"prescribed" means prescribed by regulations;"Registrar" means the Registrar of the University appointed under section 12;"Finance Officer" means the Finance Officer of the University appointed under section 14:"University" means the Uttar Pradesh Police and Forensic Science University established and incorporated under section 3.

Chapter II
ESTABLISHMENT OF THE UNIVERSITY

3. Establishment and incorporation of University

(1)There shall be established a University by the name of the Uttar Pradesh Police and Forensic Science University,

(2)The Vice-Chancellor, the Board, the Academic Council, the Directors, Director of Research and Development, the Deans, the Registrar, Finance Officer and all other persons who may hereafter become such officers or members so long as they continue to hold such office or membership, will be constituted a body by the name of the Uttar Pradesh Police and Forensic Science University.

(3)The University shall be a body corporate.

4. Headquarters of University

The headquarters of the University shall be at Lucknow, in Uttar Pradesh.

5. Objectives of University

The objectives of the University shall be;

(1)to develop the knowledge of science, technology, providing specially designed academic training programmes in various technologiesrelated with forensic science and behavioural science and also advanced technologies of policing and forensic science and behavioural science, whichincludes both theoretical input and practical training for forensic and other applications; to genetate expertise in advanced technologies required ininvestigation and handling of crime cases;

(2)to create centres and institutions of excellence for imparting innovative education training and research in the fields of policing andforensic science, behavioural science, technology and management;

(3)to create capabilities for development of knowledge, skills and competencies at various levels in the field of policing and forensic science;

(4)to create capabilities for upgrading the infrastructure of global standards for education, training and research in the areas related to policingand forensic science, technology, criminology and applied behavioral science;

(5)to develop patterns of teaching and training at various levels of educational accomplishment so as to set high standards of education in science, technology and management in relation to forensic technologies of various specialties like DNA fingerprint, brain fingerprinting, document and photography, ballistics, cyber-crime, narco analysis policing test, etc.

(6)to function as a leading resource centre for knowledge and development in the areas of forensic science, behavioural science related to civil and criminal laws;

(7)to forge partnership with other academic institutions with the objective of improving the entire criminal justice system;

(8)to establish close linkages with various forensic science laboratories or institutes and law enforcement authorities to make teaching, training and research relevant in policing and forensic science;

(9)such other objects, not inconsistent with the provisions of this Act which the State 'Government may, on recommendation of the. University, by notification in the Gazette, specify in this behalf.

6. University open to all irrespective of sex. religion. class, creed or opinion

(1)No person shall be excluded from any office of the University or from membership of any of its authorities, bodies or committees, or from admission to anydegree, diploma or other academic distinction or course of study on the sole ground of sex, race, creed, caste, class, place of birth, religious belief or political or other opinion.

(2)It shall not be lawful for the University to impose on any person any test whatsoever relating to sex, race, creed, caste, class, place of birth, religious belief or profession of political or other opinion in order to entitle him to be admitted as a teacher or a student or to hold any office or post in the University or to qualify for any degree, diploma or other academic distinction or to enjoy or exercise any privilege of the University or any benefaction thereof.

7. Powers and functions of University

Subject to the other provisions of this Act, the University shall exercise the following powers and perform the following functions, namely:-

(1)to administer and manage the University and to establish such institutes and centres for research, education and instructions as are necessary for the furtherance of the objects of the University;

(2)to provide for instructions, training and research in such branches of knowledge or learning pertaining to policing and forensic science, behaviouralscience, technology and management in relation to civil and criminal laws, allied areas, prevention of crimes and rehabilitation of the victims;

(3)to conduct innovative exkerinients in new methods and technologies in the field of science, technology and management in relation to the domains of investigation, prevention and detection of crimes and furthering the cause of criminal justice systems in order to achieve international standards of sucheducation, training and research;

(4)to prescribe courses and curricula and provide for flexibility in the education systems and delivery methodologies including electronic and distance learning;

(5)to hold examinations and confer degrees, diplomas or grant certificates and other academic distinctions or titles on persons subject to such conditions as the University may determine, and to withdraw or cancel any such degrees, diplomas, certificates, or other academic distinctions or titles in the manner as may be prescribed;

(6)to confer honorary degrees or other distinctions in the manner as may be prescribed;

(7)to establish such special centres, specialized study centres or other units for research and development as are, in the opinion of the University,necessary for the furtherance of its objects;

(8)to provide for printing, reproduction and publication of research and other work and to organize exhibitions, workshops, seminars, conferences, etc.;

(9)to sponsor and undertake research in all aspects of policing and forensic science, behavioural science, technology and allied areas in relation to investigation, detection and prevention of crimes and rehabilitating the victims of crimes;

(11)to collaborate or associate with any educational institution with like or similar objects;

(12)to develop and maintain linkages with educational or other institutions in any part of the world having objects wholly or partially similar to those of the University, through exchange of teachers, students and scholars generally in such manner as may be conducive to their common objects;

(13)to develop and maintain relationships with teachers, researchers and experts in the domains of investigation and detection of crimes and furthering the cause of criminal justice system for achieving the objects of the University;

(14)to regulate the expenditure, manage the finance and to maintain accounts of the University;

(15)to receive grants, subventions, subscriptions, donations and gifts for the purposes of the University and consistent with the objects for which the University is established and to enter into any agreement with the Central Government, the State Government, the University Grants Commission or other authorities or bodies for ieceiving any grants;

(16)to receive funds from the industries or from any other sources as gifts, donations, benefactions or bequests and by transfers of movable and immovable properties for the purposes and objects of the University;

(17)to establish, maintain and manage halls and hostels for the residence of students and accommodation for faculties, officers and employees of the University and the guest houses;.

(18)to supervise and control the residence and regulate the discipline of students of the University and to make arrangements for promoting their health and general welfare and cultural activities;

(19)to fix, demand and receive or recover fees and such other charges as may be prescribed;

(20)to institute and award fellowships, scholarships:prizes, medals and other awards;

(21)to purchase or to take on lease any land or building or works which may be necessary or convenient for the purpose of the University on such terms and conditions as it may think fit and proper and to construct, alter and maintain any such buildings or works;

(22)to sell, exchange, lease or otherwise dispose of all or any portion of the properties of the University, movable or immovable, on such terms as it may think fit, consistent with the, interest, activities and objects of the University after taking prior permission of the State Government;

(23)to draw and accept, to make and endorse, to discount and negotiate Government promissory notes and other promissory notes, bills of exchange, cheques or other negotiable instruments;

(24)to raise and borrow moneys on bonds, mortgages, promissory notes or other obligations or securities founded or based upon-all or any of the properties and assets of the University or without any securities and upon such terms and conditions as it may think fit and to pay out of the funds of the University, all expenses incidental to the raising of moneys, to repay and redeem any money borrowed after taking prior permission of the State Government;

(25)to inVest the funds of the University in or upon such securities and transpose any investment from time to time in such manner as it may deem fit in the interest of University.

(26)to execute conveyances regarding transfers, mortgages, leases, licenses, agreements and other conveyance in. respect of the property, movable or immovable including Government securities belonging to the University or to be acquired for the purpose of the University after taking prior permission of the State Government;

(27)to admit the students for the courses offered by the University i the prescribed manner;

(28)to create academic, technical, adminiStrative, ministerial and other posts and to make appointments thereto;

(29)to regulate and enforce discipline among the employees of the University and to provide for such disciplinary measures as may be prescribed:

(30)to institute professorships; associate professorships, assistant professorships, readerships, lectureships, endowed professorship, honorary professorships, adjunct professorships, emeritus professors and any other teaching, academic or research posts and to prescribe qualifications for them;

(31)to appoint persons as Directors, Director of Research and Development, Deans, Professors, Associate Professors, Assistant Professors, Readers, Lecturers, Adjunct Professors, Registrar, Finance Officer or otherwise as teachers and researchers of the University;

(32)subject to the provisions of this Act and the regulations, any officer or authority of the University may, by order, delegate his or its powers (except the power to make regulations) to any other officer or authority under his or its control and subject to the condition that the ultimate responsibility for the exercise of the power so delegated shall continue to rest in the officer or authority delegating them;

(33)to do all such other acts and things as the University may consider necessary, conducive or incidental to the attainment or enlargement of all or any of the objects of the University.

Chapter III
OFFICERS AND AUTHORITIES OF UNIVERSITY

8. Officers of the University

The following shall be the officers of the University, namely:-

(i)The Chancellor.

(ii)The Vice-Chancellor,

(iii)The Deans,

(iv)The Registrar,

(v)Finance Officer.

9. The Chancellor

(1)The Governor of the Uttar Pradesh shall be the Chancellor of the University.

(2)The Chancellor shall, by virtue, of his/her office, be the head of the University, and if present, preside over the convocation of the University.

(3)Every proposal for the conferment of an honorary degree shall require the approval of the Chancellor.

(4)The Chancellor shall have such other powers as may be prescribed.

10. The Vice- Chancellor

(1)The Vice-Chancellor of the University shall be appointed by the Chancellor only on the recommendation of the General Council.

(2)The person to be appointed as the Vice-Chancellor shall,-

(i)Must be an officer associated with Police and Law & Order Administration with desirable specialization in Forensic Science or Internal Security or a officer of level of Director General of Police or its equivalent and has served a total of 30 years.;

(ii)be associated with Uttar Pradesh and worked in the State in terms of development, education, philanthropy, industrial or business development or exemplary administration in the State Services, Corporations or public bodies;

(iii)not have attained the age of sixty-five years on the date of nomination or re-nomination.

(3)The Vice-Chancellor shall hold office for a period of three years and shall be eligible for re-appointment for a further period of three years.

(4)The other terms and conditions of the Vice-Chancellor shall be such as may be determined by the State Government.

(5)The Vice-Chancellor may resign from his office by writing under his hand addressed to the Chancellor such a resignation shall take effect from the date of acceptance by the Chancellor;

11. Powers and duties of Vice Chancellor

(1)The Vice-Chancellor shall have, subject to the provisions of this Act, power to cause an inspection or review to be made by such person or persons as hemay direct, of the University, its buildings, hostels, libraries, equipments and systems and processes and of any institution or centre maintained by the University, and also of the examinations, teaching, research and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration, academic affairs and finance of the University.

(2)Without prejudice to the generality of the foregoing provisions, the Vice-Chancellor shall ;

(i)be the chief executive and academic officer of the University. He shall preside over the meetings of the Board, Academic Council and the Finance Committee;

(ii)ensure implementation of the decisions of the authorities of the University;

(iii)be responsible for imparting of instructions and maintenance of discipline in the University; and

(iv)exercise such other powers and perform such other duties as may be assigned to him by or under this Act or the regulations or as may be delegated

to him by the Board or by the General Council;

(3)Where any matter is of urgent nature requiring immediate action and the same cannot be immediately dealt with by the authority or body of the Universityempowered under this Act to deal with it, the Vice-Chancellor may take such action as he may deem fit and shall forthwith report the action so taken by him to the authority or body of the University who or which, in the ordinary course, would have dealt with the matter:Provided that if such authority or other body is of the opinion that such action ought not to have been taken by the Vice-Chancellor, it may refer the matter to the Board which may either confirm the action taken by the Vice-Chancellor or annul the same or modify it in such manner as it thinks fit, and thereupon the action shall cease to have effects or, as the case may be, shall take effect in such modified form so however such modification or annulment shall be without prejudice to the validity of anything previously done by or under the order of the Vice-Chancellor. ,

(4)Where the exercise of the power by the Vice-Chancellor under sub-section (3) involves the appointment of any person, such appointment shall be confirmed by the competent authority empowered to approve such appointment in accordance with the provisions of this Act and the regulations, not later than six months from the date of order of the Vice-Chancellor, otherwise such appointment shall cease to have effect on the expiration of a period of six months from the date of order of the Vice-Chancellor.

12. Registrar

(1)The Registrar shall be a whole time officer of the University;

(2)The Registrar shall be appointed by the General Council in such manner and on such terms and conditions as may be prescribed;

(3)The Registrar shall exercise the following powers and perform followingduties, namely:-

(i)he shall be responsible for the custody of records, common seal, the funds. of the University and such other property of the University;

(ii)he shall place before the Board and other authorities of the University, all such information and documents as may be necessary for transaction of its business;

(iii)he shall be responsible to the Vice-Chancellor for the proper discharge of his functions;

(iv)he shall be responsible for the administration of the University and conduct the exarninations and make all other arrangements necessary thereof and be responsible for the execution of all processes connected therewith;

(v)he shall attest and execute all documents on behalf of the University;

(vi)he shall verify and. sign the pleadings in all suits and other legal proceedings by or against the University and all processes in such suits and proceedings shall be issued to and served on the Registrar; and

(vii)he shall exercise such other powers and perform such other duties as may be assigned to him by or under this Act, the regulations or as may be delegated to him by the Board-or the Vice-Chancellor.

13. Deans

(1)The Deans shall be appointed by the Vice-Chancellor from amongst the faculties of the University.

(2)The powers and function of the Deans shall be such as may be prescribed

14. FinanceOfficer

(1)The Finance Officer Shall be appointed by the State Government on such terms and conditions as may be prescribed

(2)The Finance Officer shall be ex-Officio Secretary of the Finance Committee

(3)The Finance Officer Shall be responsible for presenting the budget (annual estimates) and Statement of account to the Board and also for drawing anddisbursing funds on behalf of the University.

(4)The Finance Officer shall have the right to speak in and otherwise to take part in the proceedings of the Board but shall not be entitled to vote

(5)The Finance Officer shall be responsible:-to ensure that no expenditure not authorized in the budget, is incurred by the University (otherwise than by way to investments) to disallow any proposed expenditure which may contravene the provisions of this Act or the terms of any Statutes or Acts to ensure that no other financial irregularity is committed and to take steps to set right any irregularities pointed out during audit.to ensure that the property and investments of the University are duly preserved and managed

(6)The Finance Officer shall have ace.ess to and may require the production of such records and documents of the University and the furnishing of suchinformation pertaining to its affairs as in his opinion may be necessary for the discharge of his duties

(7)All contracts shall be entered into and signed by the Finance Officer on behalf of the University

(8)Other powers and functions of the Finance Officer shall be such and may be prescribed.

15. Authorities of the University

The following shall be the authorities of the University. namely:-

(i)the General Council;

(ii)the Board of Governors;

(iii)the Academic Council;

(iv)the Finance Committee;

(v)and such other authorities as may be declared by regulations to be the authorities of the University.

16. General Council

(1)The University shall have a General Council, constituted of:-

(i)The Chief Minister of Uttar Pradesh Chairperson

(ii)The Minister of Home, Goitemment of Uttar Pradesh. Member

(iii)The Minister of Law, Government of Uttar Pradesh. Member

(iv)The Minister of Higher Education, Government

(v)Advocate General of Uttar Pradesh. Member

(vi)The Chief Secretary of Uttar Pradesh. Member

(vii)The Principal Secretary of Judicial Department, Government of Uttar Pradesh.

(viii)The Additional Chief Secretary/Principal Secretary, Member

Finance Department, Government of Uttar Pradesh.The Additional Chief Secretary/Principal Secretary, HomeDepartment, Government of Uttar Pradeshthe member Secretary of the General CounciL

17. Terms of Office of members of the General Council

(1)A member of the General Council shall cease to be a member, if he resigns or becomes of unsound mind, or becomes insolvent or is convicted of a criminal offence involving moral turpitude or if he fails to attend three consecutive meetings of the General Council without the leave granted by the Chairperson or acts against the interests of the University

(2)A member of General Council may resign his office by a letter addressed to the Chairperson and such resignation shall take effect as soon as it has been accepted by the Chairperson.

18. Powers of the General Council

The General Council shall have the powers:-

(i)to make the recommendation for the appointment of Vice-Chancellor and to appoint Registrar and Finance Officer of the University under the provisions of this Act;

(H)to excercise the powers and fictions of the University referred to in Section 5 and except where such powers are given to some other authority or

officer of the University under the provisions of this Act;to review from time to time the broad policies and programmes of the University and to take measures for the improvement and development ofthe University;to consider and pass resolutions as deemed fit on the annual report, financial estimates, annual accounts and the audit reports on such accounts;to delegate all or any of its powers, except the powers referred to in clause (i) to the Vice-Chancellor or any committee or any sub-committee or toany one or more of its members; and to perform such other functions as it may deem necessary for the efficient functioning and administration of the University

19. Meeting of the General Council

(1)The General Council meeting shall be convened by the Chairperson and all proceedings shall held by member secretary of the General Council.The Chairperson shall preside over the meeting of the General Council and in his absence any member duly authorized by him/her. One-third of the total number of members of the General Council shall form a quorum for a meeting.If urgent action by the General Council becomes necessary, the Chairperson may permit the business to be transacted by circulation of papers to themembers of the General Council. The action proposed to be taken shall not be taken unless agreed to by one-third of the total members of the General Council. The action so taken shall be forthwith intimated to all the members of the General Council and the papers shall be placed before the next meeting of the General Council.A report of the working of the University during the previous year, together with a statement of receipts and expenditure, the balance sheet as audited, andthe financial estimate shall be presented by the Vice-Chancellor to the General Council at its annual meeting.

20. Board of Governors

(1)The Board of Governors of the University shall consist of the following members, namely :—the Vice-Chancellor, who shall be the Chairperson of the Board:an officer of the Government of Uttar Pradesh in Home Department,not below the rank of a Special Secretary, to be nominated by the Additional Chief Secretary/Principal Secretary;an officer. of the Government of Uttar Pradesh in Finance Department, not below the rank of a Special Secretary, to be nominated by the Additional Chief Secretary/Principal Secretary;an officer of the Government of Uttar Pradesh in Higher Education Department, not below the rank of a Special Secretary, to be nominated by theAdditional Chief Secretary/Principal Secretary;the Director of Research and Development;one Director of the University, by rotation to be nominated by the Vice-Chancellor;one Police Officer, not below the rank of Additional Director General of Police, to be nominated by the State Government;Three academicians or professionals in the field of forensic science, to be nominated by the State Government.

(2)The Registrar shall be the Secretary of the Board

21. Powers of Chairperson of Board

(1)The Chairperson shall preside at the meetings of the Board;

(2)The Chairperson shall exercise such other powers and perform such other functions as may be assigned to him by or under this Act or the regulations, madethereunder

22. Powers and functions of Board

(1)Subject to the provisions of this Act, the Board shall be responsible for the general superintendence, direction and the control of affairs of the University and shall exercise all the powers of the University, and shall have the power to review the acts of the Academic Council and the Finance Committee and other committees or authorities of the University.

(2)Without prejudice to the provisions of sub-section (1), the Board shall have the following powers and functions, namely :-to take decisions on question of policy relating to the administration and working of the University;to institute courses of study at the University;to make regulations;to consider and approve the annual report and the annual budget of the University for every financial year;to invest moneys and funds of the University and to take decision on the recommendations of the Finance Committee;to publish or finance the publication of studies, treaties, books, periodicals, reports and other literature from time to time and to sell or arrangefor the sale as it may deem fit;to create or abolish posts of teachers and officers and employees of the University;to appoint such committees as it considers necessary for the exercise of its powers and performance of its duties under this Act;to appoint Directors of the University;to delegate any of its power to the Directors, Deans, Registrar or any other officer, employee or any authority of the University or to a committeeappointed by it; andto exercise such other powers and perform such other functions as may be conferred or imposed upon it by or under this Act or the regulations,made thereunder and such other powers for achieving the objects of the University.

23. Term of office and vacancies among members of Board

(1)Save as otherwise provided in this section, the term of a nominated member of the Board under clauses (vi) and (viii) of sub-section (1) of section 20 shall be three years from the date of his nomination.A member shall be eligible for re-nomination for the next term.A member nominated under clause (viii) of sub-section (1) of section 20 may resign from his office by writing under his hand addressed to the Chairperson ofthe Board and his resignation shall take effect from the date it is accepted by the Chairperson of the Board.

24. Academic Council

(1)The Academic Council of the University shall consist of;the Vice-Chancellor, who shall be the Chairperson of the AcademicCouncil;two academicians or professionals, to be nominated by the Board;two academicians or professionals in the field of forensic science, to be nominated by the Board;the Director of Research and Development;the Directors of the University;one professor from each discipline of the University, by rotation, to be nominated by the Vice-Chancellor.

(2)The Registrar shall be the Secretary of the Academic Council.

(3)The term of office of the members nominated under clauses (ii), (iii) and (vi) of sub-section (1) shall be of three years.

25. Powers and functions of the Academic Council

Subject to the provisions of this Act and the regulations, made thereunder, the powers and the functions of the Academic Council shall be;

(a)to exercise control over the academic policies of the University and r be responsible for the maintenance and improvement of standards of

instruction, education and evaluation in the University;

(b)to consider matters of general academic interest either on its own initiative or on a reference from the faculty of the University or the Board

and to take appropriate action thereon;

(c)to recommend to the Board, such regulations as are consistent with this Act regarding the academic functioning of the University including

discipline of students; and

(d)to exercise such other powers and perform such other duties as may be conferred or imposed upon it by the regulations.

26. Finance Committee

(1)The Finance Committee shall consist of; Committee

(i)the Vice-Chancellor, the Chairperson of the Committee;

(ii)the Director of Research and Development member;

(iii)the Directors of the University member;

(iv)Finance'Officer member secretary;

(v)two members of the Board (one of which shall be nominated by the State Government nominee)- members;

(vi)one professor, by rotation, to be nominated by the Board.

(2)The Finance Officer shall be the Secretary of the Committee.

(3)The term of office of the members nominated under clauses (vi) shall be three years

27. powers and functions of the the Finance Committee

Subject to the other provisions of this Act, the powers and functions of the Finance Committee shall be;

(i)to examine the annual accounts and annual budget estimates of the University and to advise the Board thereon;

(ii)to review from time to time the financial position of the University;

(iii)to make recommendations to the Board on all financial policy matters of the University;

(iv)to make recommendations to the Board on all proposals involving raising of funds, receipts and expenditure;

(v)to provide guidelines for investment of surplus funds;

(vi)to make recommendations to the Board on all proposals involving expenditure for which no provision has been made in the budget or for which expenditure in excess of the amount provided in the budget needs to be incurred;

(vii)to examine all proposals relating to the revision of pay-scales, upgradation of the scales and those items which are not included in the budget

prior to placing before the Board; and

(viii)to exercise such other powers and perform such other functions as may be conferred or imposed ulion it by the regulations.

28. Director of Research and Development

The appointment and powers and functions of the Director of Research and Development shall be such as may be prescribed.

29. Directors

The appointment and powers and functions of the Director shall be such as may be prescribed.

Chapter IV
FINANCE

30. Payment by State Government to the University

The State Government shall pay to the University from time to time such sums of moneys and in such manner as it may consider necessary for the exercise of powers and discharge of its functions by the University by or under this Act.

31. Funds of University

(1)The University shall establish a fund to be called the 'University Fund' consisting of,-

(i)any contribution or grants or loans by the State Government and the Central Government;

(ii)the income of the University from all sources including income from fees and charges;

(iii)the moneys received by the University by way of grants, loans, gifts, donations, benefactions, bequests or transfer endowments and other grants, if any;

(iv)the moneys received by the University from the collaborating industries in terms of the provisions of the Memorandum of Understajjding entered between the University and the industry, for establishment of sponsored chairs, fellowships or infrastructure facilities of the University; and

(v)the moneys received by the University in any other manner or from any other source.

(2)All funds of the University shall be deposited in such banks or invested in such manner as the Board may decide on the recommendation of the FinanceCommittee.

(3)The funds of the University shall be applied towards the expenses of the University including expenses incurred in the exercise of its powers and discharge ofits functions by or under this Act.

32. Accounts and audit

(1)The University shall maintain proper accounts and other relevant Accounts and records. and prepare an Annual Statement of Accounts, including the income and audit expenditure account and the balance sheet, in such form and in such manner as may be prescribed.

(2)The University shall adopt a proper system of internal checks and balances and control in the discharge. of its financial, accounting and auditingfunctions as may be prescribed by the Regulations.

(3)The accounts of the University shall be audited every year by Controller and Auditor General.

(4)The accounts of the University with the audit reports thereon certified by the Controller and Auditor General shall be placed before the Board and the Boardmay issue such instructions to the University in respect thereof as it deems fit and the University shall comply with such instructions.

(5)The accounts of the University, shall be audited by the office of the Director, internal Accounts and Audit, UP in every year and such periodic internalaudit reports shall be placed before the Board for review.

(6)The University shall prepare for each year an annual report of its activities of the previous year containing such particulars as the Board may specify and submit the same in the form of Annual Report to the Board on or before such date as may be prescribed, for review and approval.

(7)The copy of the annual report and annual audit report along with the resolution of the Board thereon shall be submitted to the State Government.

33. Pension, insurance and Provident Fund

(1)The University shall, with the approval of the Board, constitute for the benefit of its officers, teachers and other employees in such manner and subject to stich conditions as may be prescribed, such schemes of pension, provident fund and insurance as it may deem fit and also aid in establishment and support of the associations, institutions, funds, trust and conveyance calculated to the benefit of the officers, teachers, employees of the University.

(2)Where any such provident fund has been constituted, the provisions of the Provident Funds Act, 1925 (19 , of 1925) Shall apply to such fund as if it were Government Provident Fund.Chapter – V - SUPPLEMENTARY PROVISIONS

34. Acts and proceedings not to be invalidated by vacancies

No act or proceeding of the Board or any authority of the University or any committee constituted under this Act or by regulations shall be invaled on theground merely of the existence of any vacancy in or defect of, in the constitution of such Board, authority or committee of the University

35. Conferment of degrees. diplomas and grant of certification by University

The UniVersity shall have powers to confer degrees, diplomas and grant certificates and confer honorary degrees and other academic distinctions and titles asapproved by the Board.

36. Returns and information

The University shall furnish to the State Government, University Grants Commission and other statutory authorities, such reports, returns, statements and otherinformation as may be required by them from time to time.

37. Officers and employees to be public servant

Every officer, teacher and employee appointed by the University shall be deemed to be a public servant within the meaning of section 21 of the Indian PenalCode. (Act no. 45 of 1860)Explanation.- — For the purpose of this section, if any person, who is appointed by the University for a specified period or a specified work of the Universityor who received any remuneration by way of allowances or fees for any work done from the University fund, shall be deemed to be an officer or employee of theUniversity while he is performing the duties and functions connected with such appointment or work.

38. Dismissal, removal, reduction or termination of services of staff of University

(1)No officer or employee or member of the teaching, non-teaching and other academic,staff of the University shall be dismissed or removed or reduced inrank except after an inquiry, in which he has been informed of the charges against him and a reasonable opportunity of being heard is given in respect of those charges.

(2)An appeal against an order of dismissal, removal or reduction in rank under sub-section (1) or of termination of service shall be made to the Vice-Chancellor within ninety days from the date of communication of such order.

39. Power of State Government to give directions

The State Government shall have power to issue directions from time to time as may be required for compliance of the provisions of this Act, the regulationsmade thereunder and any other law for the time being in force and the University shall be bound to comply with such direction.

40. Power to make regulations

(1)Subject to the provisions of this Act, the Board shall have in addition to all other powers vested in it, the power to make regulations to provide for theadministration and management of the affairs of the University.

(2)In particular and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely:-the summoning and holding of meetings of the authorities of the University, other than the first meeting of the Board and the quorum andconduct of business at such meeting;the powers and functions to be exercised and discharged by the Vice-Chancellor;the constitution, powers and duties of the authorities, bodies and other committees of the University, the qualifications and disqualifications formembership of such authorities, terms of office of the membership, appointment and removal of members thereof and other matters connected therewith;

(iv)e the procedure to be followed by the Board and any committee or

other body constituted by or under this Act or by the regulations in the conduct of the business, exercise of the powers and discharge of the functions;the procedure and criteria to be followed in establishing courses of study and admission of students;the procedure to be followed for enforcing discipline in the University;the management of the properties of the University;the degrees, diplomas, certificates, and other academic distinctions and titles which may be conferred or granted by the University andwithdrawal or cancellation of any such degree, diplomas, certificates and other academic distinctions and titles and the requirements thereof;the conduct of examinations including the term of office and appointment of examiners;the creation of posts of Directors, Professors, Associate Professors, Assistant Professors, Readers, Lectures or equivalent academic designationsor posts, officers and employees of the University, and the appointment of persons to such posts including the requisite qualifications thereof;the fees and other charges to be paid to the University for the courses, training, facilities and services provided by it;the manner and conditions for constitution of insurance, pension and provident funds and such other schemes for the benefits of officers,teachers and employees of the University;the terms and conditions for association of the University with other institutions;the preparation of budget estimates and maintenance of accounts;the mode of execution of contracts or agreements by or on behalf of the University;the classification and •procedure for appointment of officers, employees and other staff of the University;the terms and conditions and tenure of appointment, salaries and allowances, contractual services, rules of discipline and other conditions ofservice of the Director of Research and Development, Director, other officets, teachers and employees of the University;the terms and conditions governing deputation of teachers, officers and employees of the University;the powers and duties of the Director of Research and Development, Directors and other officers, teachers and employees of theUniversity;the terms and conditions governing fellowships, scholarships, stipends, medals and prizes;the authentication of the orders and the decisions of the Board, the matters 'relating to hostels and halls of residence and housing for faculties, officers and employees and guest house including disciplinary control therein; andall matters which by this Act are to be or may be prescribed

41. Appointment of First Registrar

Notwithstanding anything contained in section 12, the first Registrar shall be appointed by the State Government as soon as practicable after the commencementof this Act for a period not exceeding three years and on such conditions as the State Government thinks fit

42. Transitory provisions

Notwithstanding anything contained in this Act, the Vice-Chancellor may, with the prior approval of the Board and subject to availability of the funds, discharge all or any of the functions of the University for the purpose of carrying out the provisions of this Act and the regulations made thereunder and for that purpose, may exercise any power or perform any duty which by or under this Act and regulations made thereunder are to be exercised or performed by any authority of the University until such authority comes into existence in accordance with the provisions of this Act and the Regulations made thereunder.

43. Indemnity

No suit, prosecution or other legal proceedings shall lie against and no damage shall be claimed from the University, the Vice-Chancellor, the Directors, theauthorities or officers or employees of the University or any other person in respect of anything which is done in good faith or purporting to have been done in pursuance of this Act or any regulations made thereunder.

44. Power to remove difficulties]()

(I)If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in Gazette the make such provisions notinconsistent with the provisions of this Act, as may appear to be necessary for removing difficulties:Provided that no such order shall be made under this section after the expiry of two years from the date of commencement of this Act.

(2)Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislature

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State of Uttar Pradesh - Act