The Bhagwant Global University Act, 2016
The Bhagwant Global University Act, 2016
1. Short title and commencement
(1) This Act may be called the Bhagwant Global University Act, 2016. (2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Definitions
Unless the context otherwise requires, in this Act, 2016: (a) "Academic Council" means the Academic Council of the University; (b) "Authorities" means the authorities of the University; (c) "Board of Management" means the Board of Management of the University; (d) "Governing Body" means the Governing Body of the University; (e) "Board of Studies" means the Board of Studies of the University; (f) "Examination Board" means the Examination Board of the University; (g) "Chancellor", "Pro-Chancellor", "Vice-Chancellor", "Pro-Vice-Chancellor", "Registrar", "Controller of Examination", "Dean" and "Finance Officer" means respectively the "Chancellor", "Pro-Chancellor", "Vice-Chancellor", "Pro-Vice-Chancellor", "Registrar", "Controller of Examination", "Dean" and "Finance Officer" of the University; (h) "Campus" means the campus of the University; (i) "Constituent College" means a college or institution maintained and managed by the University; (j) "Career Academy Centre" means such centers which are established, recognized and maintained by the University, the use of which is for the purpose of receiving tele-broadcast, e-mail, internet, interactive training, lecture, organizing seminar and workshop, for assistance, counseling and other help to the students; (k) "Director/Dean" in relation to a campus or constituent college means the Head of that campus or constituent college and where there is no Director/Dean, any other person appointed to act as Director/Dean for the time being; (l) "Distance Education System" means the system of education within the State, in which such information technology and communication media like multimedia, broadcast, tele-broadcast (telecasting), online on internet, other interactive methods of telecommunication, e-mail, internet, computer, interactive talk, e-learning, correspondence course, seminar, contact program or any two or more of such mediums are used in joint form; (m) "Deposit" means such money taken by the University from students, which is refundable; (n) "Dean" means the Dean of the University; (o) "Department" means the Department (Academic Unit) of the University in which study and research work in one or more subjects is being done; (p) "Employee" means employee appointed by the University and includes teacher and other employees of the University or any constituent college; (q) "Finance Committee" means the Finance Committee of the University; (r) "Faculty" means the Faculty of the University; (s) "Fee" means such money taken by the University from students which comes under fee and is not refundable; (t) "Government" means the Government of Uttarakhand; (u) "Hostel" means the unit of residence of students maintained and recognized by the University or constituent college; (v) "Sponsoring Body" means the "Bhagwant Education Foundation" registered under the Societies Registration Act, 1860 or its successor sponsoring body in existence as per rules; (w) "Prescribed" means prescribed by the Statutes; (x) "Permanent Resident" means such a resident of the State who has any valid certificate of domicile/permanent residence in the State of Uttarakhand as per the rules made by the State Government from time to time; (y) "Regional Center" means such a center established or maintained by the Governing Body for the purpose of coordination, monitoring of study centers located in any region and performing other works assigned in such center like admission, examination etc.; (z) "State" means the State of Uttarakhand; (aa) "Statutes", "Rules" and "Ordinance" means the Statutes, Rules and Ordinance of the University; (bb) "Study Center" means such center recognized by the University, the establishment and maintenance of which is done for the purpose of providing assistance, counseling or other help to students; (cc) "Teacher" means Professor, Associate Professor, Assistant Professor/Lecturer and such other persons who are appointed for the purpose of imparting education or conducting research work in the University or any of its campus or any constituent college as per the norms of the University Grants Commission, and this also includes Director of a campus or Principal/Dean of a constituent college; (dd) "U.G.C." means the University Grants Commission established under the University Grants Commission Act, 1956; (ee) "University" means the proposed Bhagwant Global University under this Act; (ff) "Body" means body of the University; (gg) "Visitor" means the Visitor of the University.
3. Establishment of the University
(1) The sponsoring body namely "Bhagwant Education Foundation" (S-42899/2002 of the year 2002) New Delhi, shall have the right to establish the "Bhagwant Global University" as per provisions of this Act. (2) The main campus of the University shall be situated at Gram Jhandi Chaur, Tehsil Kotdwar, District-Pauri Garhwal, Uttarakhand and it will be able to establish other campus or regional center, study center at other places as per the procedures established by the University Grants Commission and other statutory bodies. The University will be able to establish its second campus in the State with the prior permission of the State Government. (3) The State Government, after conducting necessary inspection, is satisfied that the sponsoring body has fulfilled all the conditions and requirements and the "Bhagwant Global University" is established as a private university in the State of Uttarakhand with the known name. (4) The University shall be a body corporate by the name of "Bhagwant Global University" and shall have perpetual succession and a common seal and shall sue and be sued by the said name. (a) The University can establish, for starting other departments/subjects, if additional land is required as per the standards of statutory bodies, either adjacent to the main campus or separate (split) campus in District Pauri Garhwal or any other area in Uttarakhand. (5) The Chancellor, Vice-Chancellor, Pro-Vice-Chancellor, Registrar and members of the Governing Body, Board of Management and Academic Council can form a regular body while working on the said posts in the University so established and can sue and be sued in the name of the University. (6) On the establishment of the University under sub-section (1), the movable and immovable properties acquired, constructed, managed or created for the purpose of the University, excluding the properties of the sponsoring body, shall be transferred to and vested in the University. (7) Land, building and all courses run by different departments/faculty available with the University as per the cases of the concerned apex regulatory commission is necessary. (8) Basic and other facilities in the main campus, campus and study centers etc. of the University shall be as per the standards of U.G.C. and apex statutory bodies.
4. University not to be entitled to financial assistance etc.
The University shall be self-financed and shall neither demand nor be entitled to any help, grant or any other financial assistance from any other body or corporation under the ownership or control of the State Government.
5. No power to affiliate any institution
The University shall not have the power to provide the privilege of affiliation to any other college or institution within the State. The University can do collective research work and teaching work with other research institutes and other universities.
6. Objects of the University
The objects for which the University is established are as follows: (a) To provide for teaching, training instructions, and research which shall make provision for Certificate, Diploma, Degree, M.Phil., Ph.D., and Post Doctoral Research in these subjects: Arts, Science, and Commerce, Law and Administration, Language, Engineering and Technology, Computer Science and Application, Planning and Architecture, Medicine (Medicine and Surgery, Ayurveda, Yunani, Homeopathy, Dental, Hygiene, and Tropical Medicine, Nursing), Business and Management, Education, Agriculture, Horticulture, Forestry, Fisheries, Vocational Training, Pharmacy, Veterinary Science, Animal Husbandry, Dairy, Physiotherapy, Paramedical, Media Journalism, Film and TV Technology, Mass Communication, Fire and Safety, Sanitary Science and Social Work, International Studies, Foreign Trade, Aviation, Online e-program, Distance Education, Music, Religion, Theology. Other programs/subjects which are duly approved by the Academic Council and Board of Management; (1) which are necessary for intellectual development of human resources, (2) any other subject of education field which is listed in Section 22 of the U.G.C. Act, 1956; (b) To establish and grant certificate courses, diploma, undergraduate and postgraduate degree, Ph.D. and Post Doctoral degree, which is named by the University Grants Commission, but the University shall have the right to grant such new other degree, diploma and certificate courses for the promotion of its objects; (c) To establish constituent center in the State under continuous education for providing teaching through distance education system with prior permission of the University Grants Commission for the courses mentioned in the above (a); (d) To establish online/offline examination centers within the limits of the State; (e) To grant regular and honorary degree, diploma, certificate and other academic titles, based on contribution in examinations or other systems, social and other fields; (f) To establish campus in other States with the consent of the University Grants Commission and concerned State Government; (g) To conduct studying seminars, sessions, workshops, academic program, community development program, publication, community radio, training program and group study etc. by establishing research and development center to encourage research and innovation in the fields by the University; (h) To contribute to the development of the society by external study, extension program and external area activities; (i) To establish off-shore campus under the provisions and rules of University Grants Commission; (j) To do all such acts as may be necessary, relevant and auxiliary for the achievement of all or any of the objects of the University.
7. Powers of the University
(1) The University shall have the following powers: namely: (a) To provide for teaching, training instructions and research which shall make provision for certificate, diploma, degree, M.Phil., Ph.D. and post doctoral research in these subjects: Arts, Science and Commerce, Law and Administration, Language, Engineering and Technology, Computer Science and Application, Planning and Architecture, Medicine (Medicine and Surgery, Ayurveda, Yunani, Homeopathy, Dental, Hygiene and Tropical Medicine, Nursing), Business and Management, Education, Agriculture, Horticulture, Forestry, Fisheries, Professional Training, Pharmacy, Veterinary Science, Animal Husbandry, Dairy, Physiotherapy, Paramedical, Media Journalism, Film and TV Technology, Mass Communication, Fire and Safety, Sanitary Science and Social Work, International Studies, Foreign Trade, Aviation, Online e-program, Distance Education, Music, Religion, Theology. Other programs/subjects which are duly approved by the Academic Council and Board of Management; (1) which are necessary for intellectual development of human resources, (2) any other subject of education field which is listed in Section 22 of the University Grants Commission Act, 1956 amended from time to time and to make provision for study, teaching, examination and research work in other fields and to make provision for augmentation and dissemination of research and knowledge; (b) To perform all such other activities, as may be necessary or conducive to fulfill the objects of the University; (c) To organize examinations and to institute and award degrees or other academic distinctions to such persons who: (1) have studied a teaching course under the University or its campus or regional centers or study centers or Career Academy Centers under the Distance Education System; or (2) have done research work under the University or any Distance Education System; (d) To award honorary degrees or other academic distinctions in the manner and under the conditions as described in the Statutes/provisions; (e) To institute and award fellowships, scholarships and prizes in accordance with the Statutes; (f) To demand and receive such fees, deposits, bills, invoices and to collect charges as may be fixed by the Statutes or Rules as the case may be; (g) To establish, maintain and recognize such regional centers and study centers as may be specified by the Statutes of the University from time to time; (h) To make provision for extra-curricular activities other than education for students and employees; (i) To appoint personnel, faculty members and employees in the University or its campus or regional centers, study centers, research centers and Career Academy Centers; (j) To receive donations and gifts of any kind for the purposes of the University with the prior permission of the Sponsoring Body and to acquire, hold, manage, maintain and dispose of any movable and immovable property including trust and endowment properties; (k) To establish and maintain halls/hostels for the students of the University and its campus and to ensure residential places; (l) To control and supervise residence and to control discipline among all categories of employees and students and to specify the service conditions of such employees including a code of conduct; (m) To create academic, administrative and supporting staff and other necessary posts; (n) To collaborate and cooperate with institutions, organizations, universities, individuals, industries and institutions of India or abroad in such manner and for such purposes as the University may determine from time to time; (o) To provide for Distance Education System and such manner by which distance education can be organized according to the academic programs of the University; (p) To organize and conduct refresher courses, orientation courses, workshops, seminars and other programs for teachers, instructors, text writers, evaluators and other academic staff; (q) To determine the standards for admission through specialized committees at the University or its campus or regional centers, study centers, research centers and Career Academy Centers and with the approval of the Academic Council; (r) To make special provision for resident of Uttarakhand State on the basis of merit for admission in any course at the University or its campus or regional centers, study centers, research centers and Career Academy Centers; (s) To determine such courses for degree, postgraduate, Doctor of Philosophy, Doctor of Science and research work in technical education, higher education, medical and dental education, legal education, aviation education, social sciences, general sciences and other subjects by the University as come under the University Grants Commission and other statutory councils, but the University shall have been granted the right to start its own course in relation to giving diploma, certificate etc. in its subjects; (t) The academic activities of the University shall be clearly separate from the activities of the Sponsoring Body; (u) To make provision for preparation of academic material including film cassette, tape, audio, video cassette, C.D., D.V.D. and other software etc.; (v) To grant recognition (full or partial) to the examinations or period of study of other university institutions or centers of higher education as equivalent to the examinations or period of study of the University and to terminate the recognition given to them at any time; (w) To raise, collect, accept and borrow money for the University with or without security of the property of the University with the approval of the Governing Body; (x) To enter into, execute, modify or terminate contracts; (y) To do all such other acts as may be necessary or possible to further the objects of the University, whether incidental to the above powers or not; (z) As a legal unit to bring and file suits in its own name through its authorized officer in any Court, Tribunal or Authority. (2) Notwithstanding anything contained in any other law for the time being in force and without prejudice to the provisions of sub-section (1), it shall be the duty of the University to take all such measures for the encouragement of the University and distance education systems, and for the determination of teaching, evaluation and research standards of such systems as it deems appropriate, and for the performance of this work, the University shall have such powers as may be specified by the Statutes including the power to grant approval and distribution of allocations to universities, colleges, regional centers, study centers, research centers and Career Academy Centers, whether they have achieved special privileges or not, or to any other university or higher education institution.
8. University to be open to all classes, castes and gender
The University shall be open for admission for all persons irrespective of their class, caste, gender and nationality: Provided that nothing in this section shall be deemed to prevent the University from making special provisions for the admission of students of Uttarakhand: Provided further that nothing in this section shall be deemed to require the University or any constituent college, regional centers, study centers, research centers and Career Academy Centers to admit a number of students in any course exceeding that determined by the Statutes.
9. National Accreditation
The University shall obtain recognition from various National Accreditation Institutions, if necessary.
10. University's Officers
The following shall be the officers of the University; namely:- a) the Visitor; b) the Chancellor; c) the Pro-Chancellor d) the Vice-Chancellor; e) the Pro-Vice Chancellor; f) the Registrar; g) the Deans of Faculties; h) the Finance Officer; and i) Such other officers as may be declared by the Statutes to be officers of the University.
11. Visitor
(1) The Governor of Uttarakhand will be the Visitor of the University. (2)The Visitor shall, when present, preside at the convocation of the University for conferring degrees and diplomas. (3) The Visitor shall have the following powers namely:- (a) To call for information relating to the affairs of the University; (b) On the basis of the information received by the Visitor, if he is satisfied that any order, proceeding, or decision taken by any authority of the University is not in conformity with the Decision, Act, Regulations, Statutes, or Rules, he may issue such directions as he may deem fit in the interest of the University and the directions so issued shall be complied by all concerned. (c) Every proposal for the conferment of an honorary degree shall be subject to the approval of the Visitor.
12. Chancellor
(1) The sponsoring body (promoting society) shall appoint one member from its members or any other person as Chancellor with the consent of all. (2) The Chancellor shall have such powers as are conferred on him by this Act or the Statutes made thereunder. (3) The following shall be the powers of the Chancellor, namely: (a) The right to demand any information or record; (b) On the basis of information received by the Chancellor, if he is satisfied that any order, proceedings or decision taken by any authority of the University is not in accordance with the Ordinance, Statutes or Rules, he may issue such directions as he deems proper in the interest of the University, and all concerned shall comply with such directions issued; (c) The approval of the Chancellor shall be taken on every proposal for conferring honorary degree.
13. Pro-Chancellor
(1) The sponsoring body (promoting society) shall appoint one member from its members or any other person as Pro-Chancellor with the consent of all. (2) The Pro-Chancellor shall have such powers as are conferred on him by this Act or the Statutes made thereunder.
14. The Vice-Chancellor
(1) The Vice-Chancellor shall be appointed on such terms and conditions as may be prescribed by the statutes for a term of three years by the Chancellor from a panel of three persons recommended by the Committee constituted in accordance with the provisions of sub- section (2). (2) The Committee referred to in sub section (1) shall consist of the following persons; namely :- (a) One person nominated by the Visitor (b) One person nominated by the Chancellor; (c)Three nominees of the Board of Governors, (d)One member nominated by the promotimng body as the convener of the committee. (3) The committee shall on the basis of merit, prepare a panel of names of three persons suitable to hold the office of the Vice-Chancellor and forward the same to the Chancellor along with a concise statement showing the academic qualifications and other distinctions of each person. (4)The Vice-Chancellor shall be the Principal executive, administrative and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of the authorities of the University. (5) Where any matter other than the appointment of a teacher is of urgent nature requiring immediate action and the same could not be immediately dealt with by any officer or the authority or other body of the University empowered by or under this Act to deal with it, the Vice-Chancellor may take such action as he may deem fit with the prior approval of the Chancellor. (6) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be laid down by the Statutes or the rules. (7) The Chancellor is empowered to remove the Vice-Chancellor after due enquiry with. It will be open to the Chancellor to suspend the Vice Chancellor during enquiry depending upon the seriousness of the charges, as he may deem fit.
15. Pro-Vice-Chancellor
The Pro-Vice-Chancellor shall be appointed by the Vice-Chancellor with the prior approval of the Chancellor in such manner as may be prescribed in the Statutes and the Pro-Vice-Chancellor shall exercise such powers and perform such duties as may be prescribed by the Statutes.
16. The Registrar
(1)The Registrar shall be appointed by the Chancellor in such manner and on such terms and conditions as may be prescribed. (2)All contracts shall be entered into and signed by the Registrar on behalf of the University. (3)The Registrar shall have the powers to authenticate records on behalf of the University and shall exercise such other powers and perform such other duties as may be prescribed or may be required from time to time, by the Chancellor or Vice-Chancellor. (4)The Registrar shall be responsible for the due custody of the records and the common seal of the university and shall be bound to place before the Chancellor, the Vice-Chancellor or any other competent authority, all such information and documents as may be necessary for transaction of their business.
17. Dean
The Deans shall be appointed by the Vice-Chancellor with the prior approval of the Chancellor in such manner as may be prescribed by the Statutes and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
18. Finance Officer
The Finance Officer shall be appointed by the Chancellor in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
19. Other Officer
The manner of appointment, terms and conditions of service and powers and duties of the other officers of the University shall be such as may be prescribed by the Statutes.
20. Authorities of the University
The following shall be the authorities of the University; namely:- a) The Board of Governors; b) The Board of Management; c) The Academic Council; d) The Finance Committee; and e) Such other authorities as may be declared by the Statutes to be authorities of the University.
21. Governing Body and its powers
(1) The Governing Body shall consist of the following: (a) Chancellor - Chairperson; (b) Two regional members of the Legislative Assembly; (c) Co-Chairperson of the Governing Body - one member will be nominated from the members of the Sponsoring Body; (d) Vice-Chancellor - Member-Secretary; (e) Three Educationists nominated by the Visitor; (f) Two experts of industry/corporate/professional world nominated by the Sponsoring Body; (g) One member nominated by the Sponsoring Body from reputed higher educational institutions. (2) The Governing Body shall be the main administrative body of the University and shall have the following powers: namely: (a) Determination of the policies to be followed by the University; (b) Review of the decisions of other authorities of the University, if they are not in accordance with the provisions of this Act or Statutes or Rules; (c) Approval of the budget and annual report of the University; (d) Making new or additional Statutes or amendment or repeal of the earlier made Statutes or Rules; (e) To decide regarding the voluntary winding up of the University; (f) Approval of the proposals to be submitted to the State Government; (g) To take such decisions and make efforts as are found desirable for effective performance of the objects of the University; (h) To appoint statutory auditors of the University; and (i) To appoint and authorize officers and officials for opening, closing, operating and managing all accounts of the University. (3) The Governing Body shall meet at least twice in a year at such time and place as the Chairperson of the Governing Body deems appropriate. (4) For the conduct of business, the quorum shall be of five members.
22. The Board of Management
(1) The Board of Management shall consist; namely (a) The Pro Chancellor - Special invitees; (b) The Vice-Chancellor -Chairman; (c) The Pro Vice-Chancellor - if any; (b) One member nominated by the Chancellor; (e) Five Member, nominated by the promoting society; (f) Tow professor of the University, by rotation as nominated by the Chancellor; (g) Two Deans of the faculties by rotation as nominated by the Chancellor (h) Principal Secretary/Secretary to the State Government of the Higher Education Department; (i) The Registrar shall be non-member Secretary; (2) The Board of Management shall be the Pricniapl Managing body of the University (3) The powers and functions of the Board of Management shall be such as may be prescribed by the Statute
23. The Academic Council
(1) The Academic Council shall consist of:- (a) the Vice-Chancellor - Chairman; (b) the Registrar -Secretary; (c) such other members as may be prescribed in the Statutes. (2) The Academic Council shall be the Principal Academic Body of the University and shall, subject to the provisions of this Act, the Rules and the Statutes, co-ordinate and exercise general supervision over the academic policies of the University; (3) The powers and functions of the Academic Council shall be such as may be prescribed by the Statutes.
24. The Finance Committee
(1) The Finance Committee shall consist of : (a) The Chancellor - Chairman (b) The Finance Officer - Secretary (c) Such other members as may be prescribed in the Statutes. (d) One External Finance Expert nominated by Chancellor (2) The Finance Committee shall be the principal financial body of the University to take care of financial matters and shall, subject to the provisions of this Act, Rules, Statutes, co-ordinate and exercise general supervision over the financial matters of the University. (3) The powers and functions of the Finance Committee shall be such as may be prescribed by the Statutes.
25. Other Authorities
The constitution, powers and functions of the other authorities of the University shall be such as may be prescribed by the Statutes.
26. Proceedings not Invalidated on account of vacancy
No act or proceeding of any authority of the University shall be invalid merely by reason of the existence of any vacancy or defect in the constitution of the authority.
27. Statutes
Subject to the provisions of this Act, the Statutes may provide for any matter relating to the University and staff, as follows:- a) transaction of business of the Authorities of the University and procedure of constitution of such units, which is not specified in this Act, b) the operation of the permanent endowment fund, the general fund and the development fund; c) the terms and conditions of appointment of the Vice-Chancellor, Pro-Vice-Chancellor, Registrar and the Finance Officer and their powers and functions; d) the mode of recruitment and the conditions of service of the other officers, teachers and employees of the University; e) resolving disputes between the University and its officers, faculty members, employees and students; f) creating, abolition or restructuring of departments and faculties; g) the manner of co-operation with other University or institutions of higher learning; h) conferment of honorary degrees; i) grant of freeships and scholarships; j) number of seats in different courses of studies and the procedure of admission of students to such courses including reservation of seats for permanent resident of Uttarakhand; k) the fee chargeable from students for various courses of studies; l) institution of fellowships, scholarships, studentships, freeships, medals and prizes; m) creation and abolition of posts; n) disciplinary action against students/employee of the University; o) other matters which may be prescribed and deemed necessary for framing of the Statutes; p) Appointment of the Chancellor his power and functions.
28. Statutes how made
The first Statutes made by the Board of Governors shall be submitted to the State Government for its approval.
29. Power to amend the Statutes
The Board of Governors may, with the prior approval of the State Government makes new or additional Statutes or amends or repeals the existing Statutes.
30. Rules
Subject to the provisions of this Act, the Rules may provide for all or any of the following matters, namely:- a) Admission of students to the University and their enrolment and continuance as such; b) The courses of study to be laid down for all degrees and other academic distinctions of the University; c) The award of degrees and other academic distinctions; d) The conditions of the award of fellowships, scholarships, studentships, medals and prizes; e) The conduct of examination and the condition and mode of appointment and duties of examining bodies, examiners, invigilators, tabulators and moderators; f) The fee to be charged for admission to the examination, degrees and other academic distinctions of the University; g) The conditions of residence of the students at the University or a Constituent College; h) Maintenance of discipline among the students of the University or a Constituent College; i) The Fee and Deposits chargeable from student for various courses of studies; j) All over matters as may be provided in the Statutes and rules under Act.
31. Rules how made
The Rules shall be made by the Board of Governors and the rules so made shall be submitted to the State Government for its approval.
32. Power to Amend the statutes
The Board of Governs may, with the approval on the State Government, make new or additional rules or amend or repeal the Rules.
33. Provisions for Permanent Resident of Uttarakhand
(1) For admission in various courses conducted by the University 25 percent seats shall be reserved for the permanent residents of State of Uttarakhand, and if the reserved seat are vacant, then the said vacant seats may be filled by the other candidates. (2) for tuition fees fixed for various courses conducted by the University, 25% rebate shall be given to the permanent resident of the State of Uttarakhand who shall seek admission as per sub-section (1) above. (3) For posts of Group ‘C’ and ‘D’ permanent resident of the state of Uttarakhand fulfilling eligibility criterion shall be given preference.
34. Condition of Service of employees
(1) Every employee shall be appointed under a written contract, which shall be kept in the University and a copy of which shall be furnished to the employee concerned. (2) Disciplinary action against any employee shall be governed by procedure prescribed in the Statutes. (3) Any dispute arising out of the contract between the University and an employee shall be resolved by the procedure prescribed by the relevant Statutes. (4) Notwithstanding anything contained in this Act, the employees of the University shall not be deemed to be public servant and would always remain as under the private employment of the University for the purpose of this Act or otherwise.
35. Right to appeal
Every employee or student of the University or of a Constituent College, Regional Centre, Study Centre and Career Academy Centre’s shall, notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed, to the Board of Management against the decision of any officer or authority of the University or of the Principal of any such Constituent College, Regional Centre, Study Centre and Career Academy Centre’s, as the case may be and there upon the Board of Management may confirm, modify or change the decision appealed against.
36. Provident Fund and pensions
The University shall constitute for the benefits of its employees such provident or pension fund and provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed.
37. Disputes as to Constitution of University Authorities And bodies
If any question arises as to whether any person has been duly 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 Chancellor, whose decision thereon shall be final.
38. Constitution of Committee
Any authority of the University mentioned under section 20 will be empowered to constitute a committee of such authority, consisting of such member and having such powers as the authority may deem fit.
39. Filling of casual Vacancies
Any casual vacancy among the members, other than ex-officio members, of any Authority or body of the University shall be filled in the same manner in which the member whose vacancy in to be filled up, was chosen, and the person filling the vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he/she fills would have been a member.
40. Protection of Action takes in good faith
No suit or other legal proceedings shall lie against any officer or other employee of the University for anything, which is done in good faith or intended to be done in pursuance of the provisions of this Act, the Statutes or the Rules.
41. Transitional Provisions
Notwithstanding anything contained in any other provisions of this Act and the Statutes. (a)The first Vice-Chancellor and Pro-Vice-Chancellor, if any shall be appointed by the Chancellor and the said officer shall hold office for a term of three year; (b)The first Registrar and the first Finance Officer shall be appointed by the Chancellor who shall hold office for a term of three year; (c)The first Board of Governors shall hold office for a term not exceeding three year; (d) The first Board of Management, the first Finance Committee and the first Academic Council shall be constituted by the Chancellor for a term of three year.
42. Permanent Endowment Fund
The University shall establish a permanent endowment fund of Rs. 2,00,00,000 in the form of a Bank Guarantee of a Nationalized Bank Pledged in the name of State Government of Uttarakhand whose tenure shall be five years and after that shall be renewed for five years again.
43. General Fund
(1) The University shall establish a general fund to which the Following amount shall be credited, namely:- a) all fees which may be charged by the University; b) all sums received from any other source; c) all contributions made by the promoting Society; d) all contributions/donations made in this behalf by any other person or body, which are not prohibited by any law for the time being in force; (2) The funds credited to the general fund shall be applied to meet all the recurring expenditure of the University.
44. Development Fund
(1) The University shall also establish a development fund to which the following fund shall be credited; namely:- a) development fees which may be charged from students; b) all sums received from any other source for the purposes of the development of the University; c) all contributions made by the Promoting Society; d) all contributions/donations made in this behalf by any other person or body which are not prohibited by any law for the time being in force; e) all income received from the permanent endowment fund. (2) The Funds credited to the development fund from time to time shall be utilized for the development of the University.
45. Maintenance of fund
The fund established under section 42, 43 and 44 shall, subject to general supervision and control of the Board of Governors, be regulated and maintained in such manner as may be prescribed.
46. Annual Report
(1)The annual report of the University shall be prepared under the direction of the Board of Management and shall be submitted to the Boardof Governors for its approval. (2) The Board of Governors shall consider the annual report in its meeting and may approve the same with or without modification. (3) A copy of annual report duly approved by the Board of Governors shall be sent to the Visitor and the State Government before 31 December following close of the financial year in 31 March each year.
47. Account and Audit
(1) The annual account and balance sheet of the University shall be prepared under the direction of the Board of Management and all funds accruing to or received by the University from whatever source and all amount disbursed or paid shall be entered in the accounts maintained by the University. (2) The annual account of the University shall be audited by auditors, who are a member of the Institute of Chartered Accountants of India (I.C.A.I.), every year. (3) A copy of the annual accounts and the Balance sheet together with the audit report shall be submitted to the Board of Governors well before 31 December following close of the Financial Year in 31 March each year. (4) The annual accounts, the Balance sheet and the audit report shall be considered by the Board of Governors at its meeting and the Board of Governors shall forward the same to the Visitor and the State Government along with its observations thereon before the 31st December each year.
48. Mode of Proof of University records
A copy of any receipt, application, notice, order, proceeding or resolution of any authority or committee of the University or other documents in possession of 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 document or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein recorded where the original
49. Dissolution of University
(1) If Promoting Society proposes dissolution of the “BHAGWANT GLOBAL UNIVERSITY” in accordance with the law governing its constitution or incorporation, it's shall give at least three months notice in writing to the State Government. (2) On identification of mismanagement, mal-administration, in-discipline, failure in the accomplishment of the objects of University and economic hardship in the management systems of University, the State Government would issue direction to the management system of University, if the direction are not followed within such time as may be prescribed, the right to take decision for winding up of the University would vest in the State Government. (3) The manner of winding up of the University would be such as may be prescribed by the state Government in this behalf: Provided that no such action will be initiated without affording a reasonable opportunity to show cause to the Promoting Society. (4) On receipt of the notice referred to in sub-section (1), the State Government shall, in consultation with University Grant Commission, make such arrangements for administration of the University from the proposed date of dissolution of the “BHAGWANT GLOBAL UNIVERSITY” and until the last batch of students in regular courses of studies of the University complete their courses of studies in such manner as may be prescribed by the Statutes. (5) On the dissolution of the University, all the assets and liabilities of the University shall vest in the Promoting Society i.e. Bhagwant Education Foundation, New Delhi.
50. Expenditure of University during Dissolution
(1) The expenditure for administration of the University during the dissolution of the University under section 49 shall be met out of the permanent endowment fund, the general fund or the development funds. (2) If the funds referred to in sub-section (1) are not sufficient to meet the expenditure of the University during the dissolution of the University, such expenditure may be met by disposing of the properties or assets of the University.
51. Removal of Difficulties
(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by a notification or order, make such provisions, not inconsistent with the provisions of this Act,as appear to it to be necessary or expedient, for removing the difficulty: Provided that no notification orders under sub-section (1) shall be made after the expiration of a period of three years from the commencement of this Act. (2) Every order made under sub-section (1) shall, as soon as may be after it is made, be laid before the State Legislature.
PDF: pending for this language.