section 47
President affects any person in the service of the University, such
The University of Technology, Jaipur Act, 2017Education201729 of 29 sections available
Statutory text
- (46) RIO NG-W, TE 18, 2017 TT 4 (3) person shall be entitled to prefer, within three months from the date + on which such action is communicated to him, an appeal to the Board of Management and the Board of Management may confirm or modify or reverse the action taken by, the President.
- (6) If, in the opinion of the President, any decision of any authority of the University is outside the powers conferred by this “Act or Statutes, Ordinances, Regulations or rules made thereunder or is likely to be prejudicial to the interests of the University, he shall direct the authority concerned to revise its decision within fificen days from the date of its decision and in case the authority refuses or fails to revise such decision, then such matter shall be referred to the Chairperson and his decision therepn shall be final
- (7) The President shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Ordinances.
- (8) If the Chairperson is satisfied, on an enquiry made or caused to be made on a representation made to him or otherwise, that the continuance of President in his office is prejudicial to the interests of the University or the situation so warrants, he may, by an order in writing and stating the reasons therein for doing so, ask the President to relinquish his office from such date as may be specified in the order: Provided that before taking an action under this sub- section, the President shall be given an opportunity of being heard. 14. The Pro-President.- (1) The Pro-President shall be appointed by the Chairperson in consultation with the President.
- (2) The Pro-President shall hold office for a period of three years and shall be eligible for re-appointment for a second term.
- (3) The conditions of service of the Pro-President shall be such as may be prescribed by the Statutes.
- (4) If the Chairperson is satisfied, on an enquiry made or caused to be made on a representation made to him or otherwise. that the continuance of the Pro-President in his office is prejudicial to the interests of the University or the situation so warrants, he may, by an order in writing and stating the reasons therein for doing so, ask the Pro-President to relinquish his office from such, date as may be specified in the order: Provided that before taking an action under this sub- section, the Pro- President shall be given‘an opportunity of being ~~. heard. M4 (F) IIR Ia, wd gg, 2017 47 (a7)
- (5) The Pro-President shall assist the President in such matters as are assigned to him by the President from time to time and shall exercise such powers and perform such functions as may be delegated to him by the President, 15. The Provost.- ( 1) The Provost shall be appointed by the President for such period and in such manner ag may be prescribed by the Statutes,
- (2) The Provost shall ensure discipline in the University and shall keep the various unions of the teachers and employees advised of the various policies and practices in the University.
- (3) The Provost shall exercise such other powers and perform such other duties as may be prescribed by the Statutes. 16. The Proctor.- (1) The Proctor shall be appointed by the President for such period and in such manner as may be prescribed by the Statutes,
- (2) The Proctor shall be responsible for the maintenance of discipline among the students and keep the various students’ unions advised of the various policies and practices in the University.
- (3) The Proctor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes. 17. The Dean of Faculty.- (1) There shall be a Dean of cach Faculty who shall be appointed by the President for a period of three years in such manner as may be prescribed by the Statutes.
- (2) The Dean shall convene meetings of the Faculty, as and when required, in consultation with the President and shal] preside over the same. He shall formulate the policies and development programme of the Faculty and present the same to the appropriate authorities for their consideration,
- (3) The Dean of Faculty shall exercise such other powers and perform such other duties as may be prescribed by the Statutes. 18. The Registrar.- ( 1) The Registrar shall be appointed by the Chairperson in such manner as may be prescribed by the Statutes,
- (2) All contracts shall be signed and all documents and records shall be authenticated by the Registrar on behalf of the University,
- (3) The Registrar shall be the Member-Secretary of the Board of Management and Academic Council but he shall not have a right to vote,
- (4) The Registrar shall exercise such other powers and perform such other duties as may be prescribed by the Statutes, 478) Rr Rd, aw 18, 2017 wr 4 (a) 19. The Chief Finance and Accounts Officer. (1) The Chief Finance and Accounts Officer shall be appointed by the President in such manner as may be prescribed by the Statutes,
- (2) The Chief Finance and Accounts Officer shall exercise such powers andeperform such duties as may be prescribed by the Statutes. 20. Other officers.- (1) The University may appoint such other officers as may be necessary for its functioning. 5
- (2) The manner of appointment and powers and functions of such officers shall be such as may be prescribed by the Statutes. 21. Authorities of the University.- The following shall be the authorities of the University, namely:-
- (i) the Board of Management;
- (i) the Academic Council:
- (iii) the Faculties: and
- (iv) such other authorities as may be declared by the Statutes to be the authorities of the University. 22. The Board of Management.- (1) The Board of Management of the University shall consist of the following, namely:-
- (a) the Chairperson;
- (b) the President; (¢) five persons nominated by the Sponsoring Body out of whom two shall be eminent educationists or specialists in disciplines specified in Schedule-I1;
- (d) one expert of management or information technology from outside the University, nominated by the Chairperson;
- (e) one expert of finance, nominated by the Chairperson;
- (f) Commissioner, College Education or his nominee not below the rank of Deputy Secretary; and
- (2) two teachers, nominated by the President.
- (2) The Board of Management shall be the principal executive body of the University. All the movable and immovable property of the University shall vest in the Board of Management. It shall have the following powers, namely:- (@ to provide general superintendence and directions and to control the functioning of the LAP) NII RI, 4E 18, 2017 a7 (49) University by using all such powers as are provided by this Act or the Statutes. Ordinances, - Regulations or rules made thereunder:
- (b) to review the decisions of other authorities of the University in case they are not in conformity with the provisions of this Act or the Statutes, Ordinances, Regulations or rules made thereunder: (¢) to approve the budget and annual report of the University;
- (d) 10 lay down the policies to be followed by the University;
- (e) to recommend to the Sponsoring Body about the voluntary liquidation of the University, if a situation arises when smooth functioning of the University does not remain possible, in spite of all efforts; and
- (f) such other powers as may be prescribed by the Statutes.
- (3) The Board of Management shall meet at least three times in a calendar year,
- (4) The quorum for meetings of (he Board of Management shall be five, 23. The Academic Council. (1) The Academic Council shall consist of the President and such other members as may be prescribed by the Statutes,
- (2) The President shall be the Chairperson of the Academic Council.
- (3) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act and the rules, Regulations, Statutes or Ordinances made thereunder, co-ordinate and exercise general supervision over the academic policies of the University.
- (4) The quorum for meetings of the Academic Council shall be such as may be prescribed by the Statutes. 24. Other authorities.- The composition, constitution, powers and functions of other authorities of the University shall be such as may be prescribed by the Statutes. VEO wR wee, 5 ge, 2017 MTT 4 (FH) 25. Disqualification for membership of an authority.- A person shall be disqualified for being a member of any of the authorities of the University, if he-
- (a) is of unsound mind and stands so declared by a competent court:
- (b) isan undischarged insolvent;
- (c) has been convicted of any offence involving moral turpitude:
- (d) is conducting or engaging himself in private coaching classes; or
- (e) has been punished for indulging in or promoting unfair practice in the conduct of any examination, in any form, anywhere. 26. Vacancies not to invalidate the proceedings of any authority of (he University.- No act or proceeding of any authority of the University shall be invalid merely by reason of any vacancy or defect in the constitution thereof. 27. Filling up of emergent vacancies.- Any vacancies oceurred in the membership of authorities of the University duc to death, resignation or removal of a member or due to change of capacity in which he was appointed or nominated, shall be filled up us carly as possible by the person or the body who had appointed or nominated such a member: Provided that the person appointed or nominated as a member of an authority of the University on an emergent vacancy shall remain member of such authority for only the remaining period of the member in whose place he is appointed or nominated. 28. Committee. The authorities or officers of the University may constitute such committees with such terms of reference as may be necessary for specific tasks to be performed by such committees. The constitution of such committees and their duties shall be such as may be prescribed by the Statutes, 29. The Statutes.- (1) Subject to the provisions of this Act, the Statutes of the University may provide for all or any of the following matters, namely:-
- (a) the constitution, powers and functions of the authorities of the University as may be 5 constituted from time to time:
- (b) the terms and conditions of appointment of the President and his powers and functions;
a4 (TF) VIORYM YW-UA, TE 18,2017 47 (51)
(¢) the manner and terms and conditions of appointment of the Registrar and Chief Finance and Accounts Officer and their powers and functions;
- (d) the manner in which and the period for which the Provost and the Proctor shall be appointed and their powers and functions:
- (e) the manner in which the Dean of Faculty shall be appointed and his powers and functions;
- (f) the manner and terms and conditions of appointment of other officers and teachers and their powers and functions;
- (zg) the terms and conditions of service of employees of the University and their functions;
- (I) the procedure for arbitration in case of disputes between officers, teachers, employees and students;
- (i) the conferment of honorary degrees;
- (i) the provisions regarding exemption of students from payment of tuition fee and for awarding to them scholarships and fellowships;
- (k) provisions regarding the policy of admissions. including regulation of reservation of seats;
- (I) provisions regarding fees 10 be charged from students;
- (m) provisions regarding number of seats in different courses;
- (n) creation of new guthorities of the University;
- (0) accounting policy and financial procedure;
- (p) creation of new departments and abolition or restructuring of existing departments;
- (gq) institution of medals and prizes;
- (r) creation of posts and procedure for abolition of posts;
- (s) revision of fees;
- (t) alteration of the number of seats in different syllabi; and
- (u) all other matters which under the provisions of this Act are required to be, or may be, prescribed by the Statutes. 02) oer wow, wg 1s, gor HTT 4 (@)
- (2) The Statutes of the University shall be made by the Board of Management and shall be submitted to the State Government for its approval.
- (3) The State Government shall consider the Statutes submitted by the University and shall give its approval thereon within two months from the date of js receipt with such odifications, if any, as it may deem necessary,
- (4) The University shall communicate its agreement to the Statutes as approved by the Sate Government, and if it desires not to give effect to any or all of the modifications made by the State Government under sub-section (3). it may give reasons therefor und after considering such reason, the State Government may or May not accept the suggestions made by the University.
- (3) The State Government shall publish the Statutes, as tinally approved by it, in the Official Gazette, and thereafter, the Statutes shall come into force from the date of such publication. 30. The Ordinances.- (1) Subject to the provisions of this Act or Statutes made thereunder, the Ordinances may provide for all or any of the following matters, namely:-
- (a) the admission of students to the University and their enrolment as such;
- (b) the courses of study to be laid down for the degrees. diplomas and certificates of he University; (¢) the award of the degrees. diplomas, certificates and other academic distinctions, the minimum qualifications for the same and the measures to be taken relating to the granting and obtaining of the same; 2
- (d) the conditions for award of fellowships, scholarships, stipends, medals and prizes;
- (e) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators;
- (f) fees to be charged for the courses, examinations, : degrees and diplomas of the University;
- (2) the conditions of residence of the students of the : University;
- (h) provision regarding disciplinary action against the students; WTA (B) ORAM W-d, TE 18, 2017 47 (3)
- (i) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University; () the manner of co-operation and collaboration with other Universities and institutions of higher education; and
- (k) all other matters which by this Act or Statutes made thereunder arc required to be provided by the Ordinances.
- (h) provision regarding disciplinary action against the students; WTA (B) ORAM W-d, TE 18, 2017 47 (3)
- (2) The Ordinances of the University shall be made by the Academic Council which, after being approved by the Board of Management, shall be submitted to the State Government for its approval,
- (3) The State Government shall consider the Ordinances submitted under sub-section (2) within two months from the date of their receipt and shall either approve them or give suggestions for modifications therein. (#) The Academic Council shall either modify the Ordinances incorporating the suggestion of the State Government or give reasons for not incorporating any of the suggestions made by the State Government and shall return the Ordinances along with such reasons, if any, to the State Government and on receipt of the same, the State Government shall consider the comments of’ the Academic Council and shall approve the Ordinances of the University with or without such modifications. 31. Regulations.- The authorities of the University may. subject to the prior approval of the Board of Management, make regulations, consistent with this Act and the rules, Statutes and the Ordinances made thereunder. for the conduct of their own business and that of the committees appointed by them. 32. Adumiissions.- (1) Admission in the University shall be made strictly on the basis of merit.
- (2) Merit for admission in the University may be determined either on the basis of marks or grade obtained in the qualifying examination and achievements in co-curricular and extra-curricular activities or on the basis of marks or grade obtained in the entrance test conducted at the State level either by an association of the universities conducting similar courses or by any agency of the State: Provided that admission in professional and technical courses shall be made only through entrance test. 47 (54) IORI W-UF, WE 18, 2017 MTT 4 (%)
- (3) Reservation in admission to the University for scheduled castes, scheduled tribes, backward classes, special backward classes, women and handicapped persons shall be provided as per the policy of the State Government. 33. Fees structure.- (1) The University may, from time to time, prepare its fees structure and sent it for approval of the committee constituted for the purpose.
- (2) The committee shall consider the fees structure prepared by the University and if it is satisfied that the proposed fees is -
- (a) sufficient for - 4
- (i) generating resources for meeting the recurring expenditure of the University; and
- (i) the savings required for the further development of the University; and
- (b) not unreasonably excessive. it may approve the fees structure.
- (a) sufficient for - 4
- (3) The fees structure approved by the committee under sub-section (2) shall remain in force for three years and the University shall be entitled to charge fees in accordance with such fees structure.
- (4) The University shall not charge any fees, by whatever name called. other than that for which it is entitled under sub-section 3). 34. Examinations.- At the beginning of cach academic session and in any case not later than 30th of August of every calendar year, the University shall prepare and publish a schedule of examinations for each and every course conducted by it and shall strictly adliere to the schedule. Explanation.- "schedule of examination" means a table civing details about the time, day and date of the commencement of cach paper which is a part of a scheme of examinations and shall also include the details about the practical examinations: Provided that if; for any reason whatsoever, the University has been unable to follow this schedule, it shall, as soon as practicable. submit a report to the State Government incorporating the reasons for making a departure from the published schedule. The State Government may, thereon. issue such directions as it may deem fit for the compliance of the schedule. 35. Declaration of results.- (1) The University shall strive to declare the results of every examination conducted by it within thirty days from the last date of the examination for that particular * MAF) RE I-94, 5 18, 2017 a7 (55) course and shall in any case declare the results latest within forty- live days from such date: Provided that if, for any reason whatsoever, the University is unable to finally declare the results of any examination within the aforesaid period of forty-five days, it shall submit a report incorporating tlie reasons for such delay to the State Government. The State Government may. thereon, issue such directions as it may deem fit.
- (2) No examination or the results of an examination shall be held invalid only for the reasons that“ the University has not followed the time schedule as stipulated in section 34 or, as the case may be, in this section, 36. Convoeation.- The convocation of the University shall be held in every academic year in the manner as may be prescribed by the Statutes for conferring degrees, diplomas or for any other purpose. 37. Accreditation of the University.- The University shall obtain accreditation from the NAAC, as per the norms of the NAAC and inform the State Government and such other regulating bodies which ure connected with the courses taken up by the University about the grade provided by the NAAC to the University, The University shall get renewed such accreditation [rom time to time as per the norms of the NAAC. 38. University to follow rules, regulations, norms, ete, of the regulating bodics.- Notwithstanding anything contained in this Act, the University shall be bound to comply with all the rules, regulations, noms, ete. of the regulating bodies and provide all such facilities und assistance 0 such bodies as are required by them to discharge their duties and carry out their functions. 39. Aunual report- (1) The annual report of the University shall be prepared by the Board of Management which shall include among other matters, the steps taken by the University towards the fulfilment of its objects and copy of the sume shall be submitted to the Sponsoring Body.
- (2) Copies of the annual report prepared under sub-section
- (1) shall also be presented to the State Government. 40. Annual accounts and audi.- (1) The annual accounts including balance sheet of the University shall be prepared under - the directions of the Board of Management and the annual accounts shall be audited at least once in every year by the auditors appointed by the University for this purpose. 0) woe ww, wf 18, 2017 wr (@)
- (2) A copy of the annual accounts together with the audit report shall be submitted to the Board of Management.
- (3) A copy of the annual accounts and audit report along with the observations of the Board of Management shall he submitted to the Sponsoring Body.
- (4) Copies of annual accounts and balance sheet prepared under sub-section (1) shall also be presented to the State Government. The advice of the State Government, if any, arising out of the accounts and audit report of the University shall be placed before the Board of Management. The Board of Management shall issue such directions, as it may deem fit and compliance shall be reported to the State Government. 41. Powers of the State Government to inspect the University.- (1) For the purpose of ascertaining the standards of teaching, examination and research or any other matter relating to the University, the State Government may cause an inspection, to be made in such manner as may be prescribed, by such person or persons as it may deem fit,
- (2) The State Government shall communicate to the University its recommendations in regard to the result of such inspection for corrective action. The University shall adopt such corrective measures and make efforts S0 as to ensure the compliance of the recommendations,
- (3) If the University has failed to comply with the recommendations made under sub-section (2) within a reasonable time, the State Government may give such directions as jt may deem fit for such compliance, 42. Powers of the State Government to call for information.- (1) The Sate Government may call for information from the University relating to its working, functions, achievements, standard of teaching, examination and research or any other matters as it may consider necessary to judge the clficieney of the University in such form and within such time as may be prescribed by rules.
- (2) The University shall be bound to furnish the information as required by the State Government under sub-section
- (1) within the prescribed time, . 43. Dissolution of the University by the Sponsoring Body. (1) The Sponsoring Body may dissolve the University by giving a notice to the effect in the prescribed manner to the Stare HIT 4 (BF) STRAT, BE 18, 2017 47 (57) Government and the employees and the students of the University at least one year in advance: Provided that dissolution of the University shall have effect only after the approval of the State Government and the last batches of students of the egular courses have completed their courses and they have been awarded degrees, diplomas or awards. as the case may be,
- (2) On the dissolution of the University all the assets and liabilities of the University shall vest in the Sponsoring Body. 44. Special powers of the State Government in certain circumstances.- (1) If it appears to the State Government that the University has contravened any of the provisions of this Act or the niles, Statutes or Ordinances made thereunder or has violated any of the directions issued by it under this Act or has ceased to carry out any undertakings given by it to the State Government or u situation of financial mismanagement or mal-administration has arisen in the University. it shall issue notice requiring the University to show cause within forty-five days as to why an order otits liquidation should not be made.
- (2) If te State Government. on receipt of reply of the University on the notice issued under sub-section (1). is satisfied that there is « prima facie case of contravening any of the provisions of this Act or the rules, Statutes or Ordinances made thereunder or of” violating directions issued by it under this Act or ol ceasing to curry out the undertakings given by it or of financial mismanagement or mal-administration, it shall make an order of stich enquiry as it may consider necessary.
- (3) The State Government shall. for the purposes of any enquiry under sub-section (2), appoint an inquiry officer or officers tu inquire into any of the allegations and to make report thereon.
- (4) The inquiry officer or officers appointed under sub- section (3) shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1608) while uying a suit in respect of the lollowing matters. amelyi-
- (a) summoning and enforcing the attendance of any person and examining him on oath;
- (b) requiring the discovery and production of any such document or any other material as may be predicable in evidence: and rs ~- Cm im—— = EN iT (58) MERIT N-T, wf 1 2017 ina)
- (c) requisitioning any public recory from any cour: or office,
- (3) The inquiry officer or officers inquiring under this Act shall be deemed to be a civil cours for the Purposes of section 195 und Chapter 26 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974),
- (6) On receipt of the Enquiry report from the officer of officers appointed under sub-section (3 ), if the State Government js satislied that the University has contravened any of he Provisions al'this Act or (ie rules. Statutes op Ordinances made thereunder or has violated any of the directions issued by it under this Act or has ceased to carry or the undertakings given by it or a situation of financial mismanagement and mal-administragion has arisen in the University which threatens the academic standard of (pe University, jt shall make orders for liquidation of (he University and appoint an administrator and thereupon the authorities ant otlieers of the 1 Iniversity shal) be subject to he order and direction othe administrator.
- (7) The administrator appointed under sub-section (6) shall lave all the potvers and be subject 1 all the duties of the Board of Management under this Act and shall administer the affairs of the University unti] (he last batch of the students of the regular courses have completeq their courses and they have been au arded degrees, diplomas or aw ards, as the case may be.
- (8) After having been awarded the degrees, diplomas oy awards, as the cage may be, to the fast batches of the students of the regular courses, the administrator shall make 3 report to the clieet to the Stage Government,
- (9) On ieceipt of the report under sub-section (8). the Stare Government shy, by a notification in the Olfieint Gazette, issue in order dissoly ing the University and from the date or publication ul sueh notification the University shall stand dissolved and the assets and liabilities of the University shall vest in the Sponsoring Body from suc), date, 45. Power tg make rules, (1) The State Government may. by notification in the Official Gazette. make rules to carry out the . Purposes of this Ac,
- (2) All rules made under this Act shal] be laid, as soon 4 may be, after they are sq made. before (he House of the State Legislature, wife it is in session, for y period of not Jess than fourteen days which may be comprised in one session or in two OT 4(F)_ c SIONAT WIO-93, 0 18, 2017 47 (50) successive sessions and if before the expiry of the session in which they are so laid or of the session immediately following. the House of the State Legisiature makes any modification in any such rules or resolves that any such rules should not be made, stich rules shall thereafter have effect only in such modified form or be of ne effect, as the case may be, so however, that any such modification: or annulment shall be without prejudice to the validity of anything previously done thereunder, 46. Power to remove difficultics.- (1) If any difficulty arises in givine effect to the provisions of this Act, the State Government niwy, by order published in the Official Gazette. make : provisions, not inconsistent with the provisions of this Act, as appear 10 it to be necessary or expedient for removing the difficulty: Provided that no order under this section shall bz made afer the expivy of a period of two years from the date of commencement of this Act,
- (2) Every order made under this section shall, as soon as may beafier it is made, shall be laid before the House of the State Legislature. 47. The Act to have overriding effect. The provisions of this Act and the rules, Statutes, Ordinances made thereunder shall have effect notwithstanding anything to the contrary contained in any other law, for the time being in force, relating to the matters in respect of which the State Legislature has exclusive power © make laws.
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