The Sardar Bhagwan Singh University Act, 2016

(1) This Act may be called the "Sardar Bhagwan Singh University Act, 2016". (2) It shall come into force on such date as the State Government may, by notification in the Gazette, appoint.

In this Act, unless the context otherwise requires,- (a) "Academic Council" means the Academic Council of the University; (b) "Board" means the Board of Studies, Planning Board or any other board of the University; (c) "Chancellor", "Vice-Chancellor" and "Pro-Vice-Chancellor" means respectively the Chancellor, Vice-Chancellor and Pro-Vice-Chancellor of the University; (d) "Court" means the Court of the University; (e) "Director"/"Principal" means the head of an institution, college, polytechnic, and industrial training institute or a person appointed for the purpose to act in his absence; (f) "Department" means a department of study including centers of study and research; (g) "Employee" means any person appointed by the University and includes teachers and other staff members of the University; (h) "Executive Council" means the Executive Council of the University; (i) "Faculty" means the faculty of the University; (j) "Hostel" means a place of residence for students/research scholars of the University; (k) "Institution" means an academic institution established or maintained by the University; (l) "Prescribed" means prescribed by the Statutes; (m) "Records and Publications" means the records and publications of the University; (n) "Society" means the Gaurav Bharti Shiksha Sansthan Society, Dehradun, registered under the Societies Registration Act, 1860; (o) "Statutes and Ordinances" means respectively the Statutes and Ordinances of the University for the time being in force; (p) "Student" means a student enrolled in the register of the University; (q) "Teacher of the University" means Professors, Associate Professors, Readers, Assistant Professors, lecturers and such other persons as may be appointed for imparting instruction or conducting research in the University and are designated as Teachers by the Ordinances; (r) "Treasurer", "Registrar", "Deputy Registrar", "Finance Officer", "Controller of Examination", "Librarian" or "Proctor" means respectively the Treasurer, Registrar, Deputy Registrar, Finance Officer, Controller of Examination, Librarian or Proctor of the University; (s) "University" means the Sardar Bhagwan Singh University established by the Society under this Act; (t) "Chancellor" means the Chancellor of the University.

(1) There shall be established in the State of Uttarakhand, at Dehradun, a University by the name of the "Sardar Bhagwan Singh University, Uttarakhand" by the Society. (2) The University shall be a body corporate.

The sponsoring body, the Society, shall fulfill the following conditions for the purposes of establishing the University under this Act, or it has been fulfilled by them: (a) Ownership of minimum 10 acres of contiguous land for the University; (b) Construction of buildings in a carpet area of minimum 20,000 square meters on the land mentioned in clause (a), out of which minimum 50 percent is for academic and administrative purposes; (c) Installation of equipment in offices and laboratories with a cost of minimum Rs. 4 Crores in the building specified in clause (b); (d) After being satisfied with the proposal and inspection of relevant documents of the Sardar Bhagwan Singh University, upon fulfilling all the above-mentioned conditions by the Society, the State Government has established the Sardar Bhagwan Singh University.

(1) The State Government shall issue the authorization letter only after the inspection of the proposal and relevant documents regarding the fulfillment of all conditions mentioned in Section (4) by the Society. (2) The Society shall start the operation of the University only after receiving the authorization letter from the State Government to start the operation of the University.

The objects of the University shall be to provide for instruction, research and extension related arrangements in such branches of learning as the University may deem fit, to disseminate and advance knowledge and the University shall make best efforts to provide the following facilities to the students and teachers: (a) Structuring of new courses, new methods of study and learning; (b) Studies in various branches; (c) Inter-disciplinary studies; (d) National integration, secularism, social harmony and international understanding and inculcation of morality; and (e) To bring Sikh minorities into the mainstream for their overall development, as well as to uplift the Sikh community of India by providing all modern and standard education.

The University shall have the following powers: (a) To arrange for teaching in such branches of learning as the University may determine from time to time, as per the regulations of the University Grants Commission, and to make arrangements for research and for the advancement and dissemination of knowledge; (b) To conduct offshore campus centers/distance education, other than the main campus within the State, by the institutional centers in Science, Technology, Medicine, Dental Science, Pharmacy, Management, Hotel and Hospitality Management, Law and other professional courses, and History, Culture, Commerce, Economics, Philosophy, Arts etc., as per rules after prior approval of the University Grants Commission; (c) To honour educationists and eminent teachers with the title of Professor Emeritus; (d) To award degrees, diplomas, certificates or other academic distinctions to persons on the basis of examination, evaluation or any other method of evaluation under its own rules, and to withdraw these degrees, diplomas, certificates and other academic distinctions for justified and sufficient reasons; (e) To grant honorary degrees or other distinctions in the manner prescribed by the Statutes; (f) To impart instruction to such persons who are not members of the University, including correspondence and other such courses; (g) To institute the posts of Director, Principal, Professor, Associate Professor, Reader, Assistant Professor, Lecturer and other teaching academic posts as required by the University and make appointments for them; (h) To create administrative, clerical and other posts and make appointments thereupon; (i) To appoint or engage persons working in any other university or organization who possess special knowledge, permanently or for a specified period; (j) To cooperate and collaborate or associate with any other university or authority or institution in such manner and for such purposes as the University may determine; (k) To establish and maintain colleges, institutions and such centers, specialized laboratories or other units for research and education as are necessary in the opinion of the University to advance its objects; (l) To institute and award fellowships, scholarships, studentships, medals and prizes; (m) To establish, supervise, and maintain hostels/residences for students of the University, and to make arrangements for the promotion of their health and general welfare; (n) To make provisions for research and consultancy services, and for such purpose, to enter into such arrangements with other institutions or units as the University may deem necessary; (o) To declare centers, institutions, departments or schools as per the Statutes; (p) To set standards for admission in the University, which may include any other method of examination, evaluation or testing; (q) To demand and receive fees and other charges; (r) To make such special provisions as the University may deem desirable in relation to women and the Sikh community; (s) To regulate and enforce discipline among the employees and students of the University, and to take such disciplinary measures in this regard as may be deemed necessary by the University; (t) To make provision for the promotion of the health and general welfare of the employees of the University; (u) To receive donations and to acquire, hold, manage and dispose of any movable or immovable property, including trust and endowment properties, for the welfare of the University; (v) To mortgage or pledge the property of the University, take loans on its money, with the approval of the Society for the purposes of the University; (w) To appoint visiting professors, emeritus professors, consultants, scholars and artists etc. on contract or any other basis for promoting the objects of the University; (x) To do all such other acts and deeds as may be necessary, incidental or auxiliary to the attainment of all or any of the objects of the University, which are approved by the Executive Council of the University.

(1) Admissions to various academic programs shall be made as per the laws for the time being in force. (2) The University shall ensure that the academic standards of the courses provided by the University are in accordance with the guidelines of the University Grants Commission, All India Council for Technical Education, Pharmacy Council of India, and statutory bodies, etc. (3) The teacher-student ratio shall be in accordance with the guidelines of the University Grants Commission or the specific council.

The University shall be open to persons of every sex, race, creed, caste or class and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted thereto as an officer, teacher, staff member or student, or to hold any office therein or to graduate thereat: Provided that nothing in this section shall debar the University from making appropriate provisions for the reservation for the appointment to various posts and to any course of the University for the Sikh minority community, which shall not exceed 50 percent.

(1) The Governor of Uttarakhand shall be the Visitor of the University. (2) The Visitor shall have the right to inspect the University or any institutions, colleges, polytechnics, and industrial training institutes maintained by it, for the purpose of ensuring the standards of education, discipline, decorum, and proper functioning of the University. (3) The Visitor shall have the right to take any action in the matters of dispute specified by the Chancellor.

The following shall be the officers of the University: (a) Chancellor; (b) Vice-Chancellor; (c) Pro-Vice-Chancellor; (d) Director/Principal; (e) Registrar; (f) Treasurer; (g) Dean of Faculty; (h) Controller of Examination; (i) Chief Proctor; (j) Finance Officer.

(1) The Chancellor shall be appointed by the Managing Committee of the Society by such person of eminence as may be prescribed by the Statutes. (2) The Chancellor shall hold office during the pleasure of the Society. (3) The Chancellor may resign his office by a writing under his hand addressed to the Society. (4) Subject to the provisions of this section, the Chancellor shall hold office for a period of three years from the date of his assumption of office and shall be eligible for re-appointment: Provided that the Chancellor shall continue to hold office even after the expiry of his term until his successor assumes office. (5) The Chancellor shall, by virtue of his office, be the head of the University and shall constitute the interim Executive Council. (6) The Chancellor shall preside over the convocation of the University held for conferring degrees, if present.

(1) The Vice-Chancellor shall be appointed by the Chancellor for a period of three years in such manner as may be prescribed in the Statutes. (2) The Vice-Chancellor shall be the principal executive and academic officer of the University, shall be the Chairman of the Academic Council, Executive Council, and Planning Board of the University, shall exercise general supervision and control over the activities of the University, and shall give effect to the decisions of all the authorities of the University. (3) If in the opinion of the Vice-Chancellor it is necessary to take immediate action on any matter, he may exercise any power conferred on any authority of the University by or under this Act, and in such case, he shall inform that authority about the action taken: Provided that any officer or person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section may appeal to the Chancellor within one month from the date of communication of the order. The Chancellor may confirm, alter, or reverse the action taken by the Vice-Chancellor. (4) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed.

(1) The Pro-Vice-Chancellor shall be appointed by the Vice-Chancellor in such manner and shall exercise such powers and perform such duties as may be prescribed in the Statutes. (2) The Pro-Vice-Chancellor appointed under sub-section (1) shall perform his duties along with the duty of Professor. (3) The Pro-Vice-Chancellor shall assist the Vice-Chancellor in the discharge of day-to-day duties as and when required by the Vice-Chancellor. (4) The Pro-Vice-Chancellor shall receive such remuneration as determined by the Trust.

The Director/Principal shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed in the Statutes.

(1) The Registrar shall be appointed in such manner as may be prescribed in the Statutes. (2) The Registrar shall have the power to enter into contracts on behalf of the University, sign documents and authenticate records, and shall exercise such other powers and perform such other functions as may be prescribed. (3) The Registrar shall be the ex-officio Secretary of the Executive Council and Academic Council.

Each Dean of Faculty shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed in the Statutes.

The Treasurer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed in the Statutes.

The Controller of Examination shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed in the Statutes.

The Chief Proctor shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed in the Statutes.

The Finance Officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed in the Statutes.

The following shall be the authorities of the University: (a) Court; (b) Executive Council; (c) Academic Council; (d) Finance Committee; (e) Planning Board; (f) Board of Faculty; (g) Admission Committee; (h) Examination Committee; and (i) such other authorities as may be declared as authorities of the University by the Statutes.

(1) The constitution of the Court and the term of office of its members shall be as prescribed. (2) Subject to the provisions of this Act, the Court shall have the following powers and duties, namely: (a) To review from time to time the broad policies and programs of the University and to suggest measures for the working, improvement and development of the University; (b) To consider and pass resolutions on the annual report and annual accounts of the University and the audit report of such accounts; (c) To advise the Chancellor in respect of such matters which may be referred to it for advice; (d) To perform such other duties as may be prescribed.

(1) The Executive Council shall be the chief executive body of the University. (2) The constitution of the Executive Council, the term of office of its members, and its powers and duties shall be as prescribed.

(1) The Academic Council shall be the chief academic body of the University and shall, subject to the provisions of this Act, the Statutes and Ordinances, coordinate and exercise general supervision of the academic policies of the University. (2) The constitution of the Academic Council, the term of office of its members, and their powers and duties shall be as prescribed.

(1) The Finance Committee shall be the main financial body of the University to oversee financial matters. (2) The constitution, powers and duties of the Finance Committee shall be as prescribed.

(1) The Planning Board shall be the chief planning body of the University. The Board shall ensure that the infrastructure and academic support system meet the standards of the University Grants Commission or other concerned councils. (2) The constitution, term of office of its members, and other powers and duties of the Planning Board shall be as prescribed.

The constitution, powers and duties of the Board of Faculty, Admission Committee, Examination Committee and such other authorities of the University as may be declared as authorities of the University by the Statutes shall be as prescribed.

(1) The Executive Council shall make the Statutes for carrying out the purposes of this Act, and the first Statutes shall be presented to the State Government for approval. (2) Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely: (a) The constitution, powers and duties of the authorities of the University as may be constituted from time to time; (b) Appointments and continuity of the members of the said authorities, filling of vacancies of the members and all other matters related to those authorities as may be necessary; (c) The appointment, powers and duties, and emoluments of the officers of the University; (d) The appointment and emoluments of the teachers of the University and other academic and administrative staff; (e) Appointment for a specific period to take the responsibility of a joint project for teachers and other academic and administrative staff working in the University or institution; (f) Conditions of service of the employees, including provisions regarding retired persons, insurance and provident fund, provisions related to termination of service and disciplinary proceedings; (g) The principle governing the seniority of service of the employees; (h) The procedure for settlement of disputes between the employees or students and the University; (i) Procedure for an appeal by an employee or student before the Executive Council against any act of any officer or authority of the University; (j) The conferring of honorary degrees; (k) The withdrawal of degrees, diplomas, certificates and other academic distinctions; (l) To institute fellowships, scholarships, studentships, medals and prizes; (m) To maintain other discipline of the students; (n) To establish departments, centers and other constituent institutions/colleges etc., and to abolish them; (o) Delegation of powers vested in the authorities or officers of the University; and (p) All other matters which are to be or may be prescribed under this Act. (3) The Executive Council shall not make, amend or repeal any Statute affecting the status or constitution of any authority of the University, until such authority has been given an opportunity to express its opinion in writing on the proposed changes and any opinion so expressed shall be considered by the Executive Council. (4) Notwithstanding anything contained in the preceding sub-sections, the Chancellor may direct the University to provide in the Statutes in relation to any matter specified by him, and if the Executive Council remains unable to implement such direction within sixty days from the date of receipt of the direction, the Chancellor may, after considering the reasons informed by the Executive Council, if any, for its inability to implement such direction, make or amend the Statutes as he may deem fit.

Subject to the provisions of this Act and the Statutes, the Ordinances shall be made by the Executive Council, which may provide for all or any of the following matters, namely: (a) Admission of students to the University and their enrollment as such; (b) The courses of study to be determined for all degrees, diplomas and certificates of the University; (c) The medium of instruction and examination; (d) Conferring of degrees, diplomas, certificates and academic distinctions and determination of their qualifications; (e) Fees to be charged for courses of study in the University and for examinations, degrees, diplomas and certificates of the University; (f) Conditions for granting fellowships, scholarships, studentships, medals and prizes; (g) Conduct of examinations, including the term and manner of appointment and duties of examination bodies, examiners and moderators; (h) Conditions of residence of the students of the University; (i) Special arrangements to be made for the residence, discipline and teaching of women students, if any, and to prescribe special courses of study for them within the University; (j) Appointment and emoluments of employees other than those for whom provision has been made in the Statutes; (k) Establishment of study centers, boards of studies, inter-disciplinary studies, specialized centers, specialized laboratories and other committees; (l) Manner of cooperation and collaboration with other universities and authorities including learned bodies and associations; (m) Creation, structure and duties of any other body which is deemed necessary for the improvement of the academic life of the University; (n) Remuneration to be paid to examiners, moderators, invigilators and tabulators; (o) Such other terms and conditions of service of teachers and other academic staff as are not prescribed by the Statutes.

(1) The annual report of the University shall be prepared under the direction of the Executive Council and shall be presented to the Court on such date as may be prescribed, and the Court shall consider the report in its annual meeting. (2) The Court shall submit the annual report, with its comments, if any, to the Chancellor.

(1) The annual accounts and balance sheet of the University shall be prepared under the directions of the Executive Council and their audit shall be conducted at least once a year by an experienced and qualified firm of renowned Chartered Accountants, which shall not exceed an interval of fifteen months, and shall be forwarded to the Chancellor and the State Government with the observations of the Executive Council. (2) A copy of the annual accounts along with the audit report shall be presented before the Court along with the observations of the Executive Council.

(1) Every employee of the University shall be appointed/engaged in accordance with the provisions of the Statutes. (2) Any dispute arising between the University and any employee appointed on a substantive basis shall be referred to the Vice-Chancellor, who shall decide the dispute after providing an opportunity to the employee within three months from the date of reference of the matter. (3) The aggrieved employee may appeal against the order of the Vice-Chancellor to the Chancellor. (4) In respect of any employee working on a temporary or ad-hoc basis or on a part-time or casual basis, any dispute shall be heard and decided finally by the concerned Head of Department. (5) Any person aggrieved by an order of the Vice-Chancellor may appeal to the Chancellor. The decision of the Chancellor in such appeal shall be final.

(1) Any student or candidate for an examination whose name has been removed from the enrollment list of the University by the order or resolution of, as the case may be, the Academic Council, Proctorial Board or Controller of Examination, and who has been debarred from appearing in the examinations of the University for more than one year, may appeal in writing to the Vice-Chancellor to reverse the decision of the appropriate authorities or concerned committee, as the case may be, within ten days from the date of receipt of the copy of such orders or such resolution. (2) Any decision taken by the Vice-Chancellor shall be final.

The University may constitute such pension, welfare scheme or provident fund for the benefit of its employees or may provide for such insurance schemes as may be decided by the Executive Council in the manner and subject to such conditions as may be determined by the Executive Council.

If any question arises as to whether any person has been duly nominated 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 in that matter shall be final.

Where any authority of the University is given the power under this Act or Statutes to appoint committees, such committees shall, save as otherwise provided, consist of members of the authority concerned and such other persons as the authority may deem fit in each case.

All vacancies among the members (other than ex-officio members) of any authority or other body of the University shall be filled, as soon as may be, by the person or body who had appointed or nominated or co-opted the members whose places have become vacant, for the period for which the person was appointed or co-opted.

No act or proceeding of any authority or other body of the University shall be invalid merely by reason of the existence of any vacancy or vacancies among its members.

Any receipt, application, notice, proceeding, resolution or any other document which is in the possession of the University, if authenticated by the Registrar, shall be accepted as prima facie evidence of the existence of such receipt, application, notice, order, proceeding, resolution or document or entry in the register and shall be admitted as evidence where the original is to be presented, of the matter and transaction recorded therein.

(1) Every Statute or Ordinance made under this Act shall be made available in writing. (2) Every new Statute or Ordinance made under this Act shall be made effective as soon as possible after being made by the competent authority.

A permanent endowment fund of Rs. 2 Crores pledged in the name of the State Government shall be established by the Sponsoring Trust in the form of a nationalized bank guarantee, which shall have a term of five years, after which it shall be renewed for another five years.

(1) The University shall establish a General Fund in which the following amount shall be deposited, 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 Trust; and (d) All contributions made for this purpose by any other person or body, which is not prohibited by any other law for the time being in force. (2) The amount deposited in the General Fund shall be used for all recurring expenses of the University.

(1) The University shall also establish a Development Fund in which the following amounts shall be deposited, namely: (a) Development fee which may be charged from students; (b) All sums received from any other source for the purposes of development of the University; (c) All contributions made by the Society; (d) All contributions made for this purpose by any other person or body, which is not prohibited by any other law for the time being in force; and (e) All income received from the Permanent Endowment Fund. (2) The amount deposited in the Development Fund from time to time shall be used for the development of the University.

The funds established under Section 41, 42 and 43 shall be regulated and maintained in such manner as may be prescribed, subject to the general supervision and control of the Court.

The University shall not be eligible for any grant-in-aid or any financial assistance from the State Government or any other body or corporation owned and controlled by the State Government.

The fees charged for various academic programs shall be taken according to the laws for the time being in force.

(1) It shall be the duty of the University or any authority or officer of the University to present such information or records related to the administration or financial and other activities of the University as may be demanded by the State Government. (2) If the State Government thinks that there has been a violation of the provisions of the Act or Statutes or Ordinances, it may issue such directions to the University as it deems necessary under Section 52.

(1) If the University proposes its dissolution according to the law governing its constitution and incorporation, then it shall give at least six months' notice to the State Government.

(1) /kkjk 48 ds v/khu fo’ofo|ky; ds nkf;Ro xzg.k djus dh vof/k ds nkSjku fo’ofo|ky; ds iz’kklu ds fy, O;; dk ogu LFkk;h foU;kl fuf/k] lkekU; fuf/k vkSj fodkl fuf/k ls fd;k tk;sxkA (2) ;fn mi/kkjk (1) esa fufnZ"V fuf/k] fo’ofo|ky; ds nkf;Ro dks xzg.k djus ds nkSjku fo’ofo|ky; ds O;; dks iwjk djus ds fy, i;kZIr ugha gks rks jkT; ljdkj }kjk ,slk O;; fo’ofo|ky; dh lEifRr;ka ;k vfLr;kas dk fuLrkj.k djds iwjk fd;k tk ldsxkA

(1) tgk¡ jkT; ljdkj dks bl vf/kfu;e ds micU/kksa ds vuqlkj fo’ofo|ky; ds dk;Z u djus ds lEcU/k esa dksbZ f’kdk;r izkIr gks rks og fo’ofo|ky; dks f’kdk;r dh izfr Hkstrs gq, fo’ofo|ky; ls vis{kk djsxh fd ,sls le; ds Hkhrj tks nks ekl ls de ugha gksxk] dkj.k crk;sa fd fo’ofo|ky; dh ekU;rk D;ksa u okil ys yh tk;A (2) mi/kkjk (1) ds v/khu nh x;h uksfVl ij fo’ofo|ky; dk mRrj izkIr gks dke ij ;fn jkT; ljdkj dk lek/ku gks tk; fd izFke n`"V;k fo’ofo|ky; dh dk;Z iz.kkyh esa nq"izca/ku ;k bl vf/kfu;e ds micU/kksa ds mYya?ku dk ekeyk ik;k x;k gS rks ;g ,slh tkap djus dk vkns’k nsxh ftls og vko’;d le>sA (3) mi/kkjk (2) ds v/khu fdlh tkap ds iz;kstuksa ds fy, jkT; ljdkj vf/klwpuk }kjk tkap izkf/kdkjh ds :i esa fdlh vf/kdkjh ;k izkf/kdkjh dks bl vf/kfu;e ds micU/kksa ds vfHkdfFkr mYya?ku dh tkap ds fy, fu;qDr djsxhA (4) mi/kkjk (3) ds v/khu izR;sd tkap vf/kdkjh ;k izkf/kdkjh dks bl vf/kfu;e ds v/khu vius d`R;ksa dks laiknu djrs le; flfoy izfØ;k lafgrk] 1908 ds v/khu fdlh okn dk fof’kf"Vr% fuEufy[kr ekeyksa ds lEcU/k esa fopkj.k djus okyh flfoy U;k;ky; dh 'kfDr gksxh vFkkZr%& (d) fdlh lk{kh dks leu djuk vkSj mifLFkr gksus ds fy, ck/; djuk vkSj 'kiFk iwoZd ijh{k.k djuk( ([k) fdlh nLrkost ds izdVhdj.k vkSj izLrqr djus dh vis{kk djuk( (x) fdlh dk;kZy; ls fdlh yksd vfHkys[k ;k mldh izfr dh ekax djuk( (?k) 'kiFk i=ksa ij lk{; izkIr djuk( (M-) dksbZ vU; ekeyk tks fofgr fd;k tk;A (5) ;fn tkap fjiksVZ dh izkfIr ij jkT; ljdkj dk ;g lek/ku gks tk; fd fo’ofo|ky; us vf/kfu;e ds micU/kksa dk mYya?ku fd;k gS rks jkT; ljdkj fo’ofo|ky; dks funsZ’k nsxh dh og vko’;d lq/kkj djsa vkSj bl vf/kfu;e ds micU/kksa ds leqfpr fØ;kUo;u ds fy, lq>ko nsaA (6) ;fn tkapksijkar ;g ik;k tkrk gS fd fo’ofo|ky; us yxkrkj rhu ckj vf/kfu;e dk mYya?ku fd;k gS rks jkT; ljdkj fo’ofo|ky; vuqnku vk;ksx ds iwoZ vuqeksnu ls fo’ofo|ky; dh ekU;rk okil ys ldsxhA (7) mi/kkjk (6) ds v/khu fo’ofo|ky; ds izcU/k dh vof/k ds nkSjku] jkT; ljdkj LFkk;h foU;kl fuf/k] lkekU; fuf/k ;k fodkl fuf/k dk mi;ksx fo’ofo|ky; ds dk;Zdykiksa ds izcU/k ds iz;kstuksa ds fy, dj ldsxhA ;fn fo’ofo|ky; dh fuf/k;k¡ fo’ofo|ky; ds visf{kr O;; dks iwjk u djus ds fy, i;kZIr ugha gS rks jkT; ljdkj mDr O;; dks iwjk djus ds fy, fo’ofo|ky; dh vfLRk;ksa ;k lEifRr;k¡ dk fuLrkj.k dj ldsxhA (8) mi/kkj (6) ds v/khu izR;sd vf/klwpuk jkT; fo/kku lHkk ds le{k fØ;kUo;u ds iwoZ j[kh tk;sxhA

jkT; ljdkj le;≤ ij fo’ofo|ky; dks ,slh uhfrxr ekeyksa ij ,sls funsZ’k tkjh dj ldrh gS tks bl vf/kfu;e ds micU/kksa ls vlaxr u gksa tSlk ;g vko’;d le>s] ,sls funsZ’k dk vuqikyu fo’ofo|ky; }kjk fd;k tk;sxkA

(1) jkT; ljdkj ,slh fdlh dfBukbZ dks] fof’k"Vr% mRrj izns’k jkT; fo’ofo|ky; vf/kfu;e] 1973 (mRrjk[k.M jkT; esa ;Fkkizo`Rr )ds micU/kksa ls bl vf/kfu;e ds micU/kksa ds laØe.k ds laca/k esa nwj djus ds iz;kstukFkZ ;g funsZ’k ns ldsxh fd bl vf/kfu;e ds micU/k ,slh dkykof/k tSlh vkns’k esa fofufnZ"V dh tk;] ,sls vuqdwyuksa ds v/khu jgrs gq, pkgsa ;g mijkUrj] ifjo/kZu ;k yksi ds :i esa gksa] ftUgsa og vko’;d ;k lehphu le>sa izHkkoh gksaxs( ijUrq ;g fd bl vf/kfu;e esa izkjEHk ds fnukad ls nks o"kZ ds i’pkr~ ,slk dksbZ vkns’k ugha fd;k tk,xkA (2) mi/kkjk (1) ds v/khu fd;k x;k izR;sd vkns’k fd, tkus ds ckn ;Fkk’kh?kz jkT; fo/kkulHkk ds le{k j[kk tk,xkA (3) mi/kkjk (1) ds v/khu fn;s x;s fdlh vkns’k ij fdlh U;k;ky; esa bl vk/kkj ij vkifRr ugha dh tk;sxh fd dksbZ dfBukbZ tSlh mi/kkjk esa fufnZ"V dh x;h gS fo|eku ugha Fkh vFkok mudks nwj djuk visf{kr ugha FkkA