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THE DEV SANSKRITI VISHWAVIDYALAYA ACT, 2002 (AMENDMENT) ACT, 2009
THE DEV SANSKRITI VISHWAVIDYALAYA ACT, 2002
[Act No. 4 of 2002]
PREAMBLE
An Act to establish and incorporate a University sponsored by Shri Vedmata Gayatri Trust, Shantikunj, Haridwar in the State and to provide for matters connected therewith or incidental thereto
It is hereby enacted in the Fifty-third Year of the Republic of India as follows:--
Section 1 - Short title and commencement
(1) This Act may be called the Dev Sanskriti Vishwavidyalaya Act, 2002.
(2) It shall be deemed to have come into force on the date, the notification is issued by the State Government.
Section 2 - Definitions
(1) In this Act, unless the context otherwise requires,--
(a) "Academic Council" means the Academic Council of the University;
(b) "Constituent college" means a college or institution maintained by the University;
(c) "Council for Technical Education" means the All India Council for Technical Education established under Section 3 of the All India Council for Technical Education Act, 1987;
(d) "Distant education system" means the system of imparting education through any means of communication such as broadcasting, telecasting, correspondence course, seminar, contact programme or a combination of any two or more such means;
(e) "Employee" means employee appointed by the University; and includes teachers and other staff of the University or a constituent college;
(f) "Faculty" means faculty of the University;
(g) "Hall" means a unit of residence for students maintained or recognized by the University or a constituent college;
(h) "Shri Vedmata Gayatri Trust" means a registered charitable trust at Shantikunj, Haridwar, Uttaranchal;
(i) "Other Backward Classes of citizens" means the backward classes of citizens specified by the State of Uttaranchal;
(j) "Prescribed" means prescribed by the statutes;
(k) "Principal" in relation to a constituent college, means the Head of the constituent college and includes, where there is no principal, the vice-principal or any other person for the time being appointed to act as principal;
(l) "Statutes" and "Rules" means, respectively, the Statutes and Rules of the University;
(m) "Teacher" means a Professor, Associate Professor, Assistant Professor/Lecturer or such other person as may be appointed for imparting instruction or conducting research in the University or in a constituent college and includes the principal of a constituent college;
(n) "University" means the Dev Sanskriti Vishwavidyalaya established under this Act;
(o) "State" means State of Uttaranchal.
Section 3 - Establishment of the University
(i) Shri Vedmata Gayatri Trust shall have the right to establish the University in accordance with the provisions of this Act.
(ii) Shri Vedmata Gayatri Trust shall, for the purposes of establishing the University under this Act, fulfil the following conditions, viz.:--
(a) acquire such area of land as it may consider necessary for the establishment of the University;
(b) create a permanent endowment fund, general fund and development fund for the purposes of this Act;
(c) arrange infrastructure and other facilities necessary for making the University functional;
(d) Make the first Statutes and the first Rules; and
(e) Such other condition, as may be required by the State Government, to be fulfilled before the establishment of the University.
(iii) Where the State Government is satisfied that Shri Vedmata Gayatri Trust, Shantikunj, Haridwar has fulfilled the conditions specified in sub-section (2), the State Government shall issue a certificate of authorisation for the establishment of the University to Shri Vedmata Gayatri Trust, Shantikunj, Haridwar.
(iv) On receipt of the certificate of the authorisation under sub-section (3), Shri Vedmata Gayatri Trust, Shantikunj, Haridwar, shall establish the University by the name of Dev Sanskriti Vishwavidyalaya.
(v) The headquarters of University shall be at Shantikunj, Haridwar (UA) and it may also have campuses at such other places within its jurisdiction as it may deem fit.
(vi) The Chancellor, the Vice-Chancellor, members of the Board of Governors, members of the Board of Management and the Academic Council for the time being holding office as such in the University shall constitute a body corporate by the name of the University.
(vii) On the establishment of the University under sub-section (4), the land and other movable and immovable properties acquired, created, arranged or built by the Dev Sanskriti Vishwavidyalaya for the purpose of the University except the properties of Shri Vedmata Gayatri Trust, Shantikunj, Haridwar, shall stand transferred to, and vest in the University.
(viii) The use of land, building and other properties acquired for the University shall not be used for any purpose, other than that for which the same is acquired.
Section 4 - University not to be entitled to financial assistance etc.
The University neither made a demand nor shall be entitled to any grant-in-aid or any other financial assistance from the State Government or any other body or corporation owned or controlled by the State Government.
Section 5 - No power to affiliate any institution
The University may have constituent colleges but shall have no power to admit any other college or institution to the privileges of affiliation.
Section 6 - Objects of the University
The objectives for which the University is established are as follows--
(a) The objectives of Dev Sanskriti Vishwavidyalaya are the extensive study, teaching and research of all basic elements of Indian Culture. And according to its motto of Vasudhaiv Kutumbakam (World as family), to benefit the whole humanity and spread all over the country and the world, without any discrimination on the ground of caste, creed, community, gender and religion.
The real meaning of Divine (Indian) Culture (Dev Sanskriti) lies in the virtues, values and traditions, established experiments carried out and experiences felt by the seers, saints and the thinkers of the spiritual land India. Adopting these in life, one can easily develop one's own divinity and success in life.
The main elements of the Dev Sanskriti Vishwavidyalaya will be as follows:-
(1) Sadhna.-Modes of worshipping may be varied but sadhna is such a balancing exercise of life, in which experiments relating to the developments of idealistic tendencies are made, which promote human consciousness. Such sadhna will be imparted in the Vishwavidyalaya.
(2) Health.-For the betterment of social and spiritual well being and for physically and mentally healthy life arrangement will be made for intrinsic scientific research in Ayurved and other alternative systems of medicine.
(3) Education.-Philosophical, literary, scientific, specially moral curricula for training in real sense, the art of living, with value based education for the refinement and upliftment of personality will be imparted to all.
(4) Self-reliance.-The rule of "Bahujan Hitay Bahujan Sukhay" which would make the youth valuetrusting, self-relying and contended and also favourable to the environment would be introduced and implemented in the course of curriculum.
(b) To provide for instruction in all branches of humanities, Yagyopathy, Mantra Vigyan etc., medicines including proper stress on Ayurved, Plant Kingdom available in Uttaranchal, studies of Vedas, Environmental Science including Yagyopathy, rural and urban development keeping the culture of Uttaranchal in view, Engineering and Technology including mitigation of natural calamities, disaster management, self-employment through training for rural entrepreneurship development with special reference to Uttaranchal, its climates and geography, information technology for both male and female students in such a way that the essence of self-employment is propagated among them. The University will make special provisions to promote Bhartiya Sanskriti among the students in special perspective of Uttaranchal culture.
(c) To provide for instruction and training in such branches of learning as it may deem fit.
(d) To provide for research for the advancement of and dissemination of knowledge.
(e) To undertake moral studies and other activities to contribute to the cultural development of society.
(f) To do all such other acts and operations as may be necessary or feasible in furtherance of the object of the University.
Section 7 - Powers of the University
The University shall have the following powers, viz.:--
(a) to provide for instruction in all branches of Indian culture, humanity, information technology and allied fields and to make provision for research and for the advancement and dissemination of knowledge;
(b) to institute and confer degrees or other academic distinctions;
(c) to hold examinations for, and to grant and confer degrees or other academic distinctions to, and on, persons, who--
(i) have pursued a course of study in the University or in a constituent college or under a distant education system; or
(ii) have carried on research in the University or in a constituent college or under a distant education system;
(d) to confer honorary degree or other academic distinctions in the manner and under conditions laid down in the statutes;
(e) to institute and award fellowships, scholarships and prizes etc. in accordance with the statutes;
(f) to demand and receive such fees and charges as may be fixed by the statutes or rules, as the case may be;
(g) to make provisions for the advancement of education in Indian culture and other areas mentioned in Clause 6;
(h) to make provisions for extra-curricular activities for students and employees;
(i) to make appointments of officers and employees of the University or a constituent college;
(j) to receive donations and gifts of any kind and to acquire, hold, manage and dispose of any movable or immovable property, including trust and endowment properties for the purpose of the University or a constituent college after the prior permission of Shri Vedmata Gayatri Trust, Shantikunj, Haridwar;
(k) to institute and maintain halls and to recognize places of residence for students of the University or a constituent college;
(l) to supervise and control the residence, and to regulate the discipline of the students of the University or a constituent college and to make arrangements for promoting their health;
(m) to create administrative, ministerial, Class IVth employees and other necessary posts;
(n) to co-operate or collaborate with other Universities in such manner and for such purposes as the University may determine from time to time;
(o) to provide distant education system;
(p) to organize and conduct refresher courses, orientation courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff;
(q) to determine standards of admission to the University or a constituent college through specialised committees with the approval of academic council;
(r) to make special provision for students belonging to the Scheduled Castes, the Scheduled Tribes and other categories for admission in any course of such University or in a constituent college;
(s) to lay down conditions of service of all categories of officers/employees of the University or a constituent college;
(t) to do all such other acts or things whether incidental to the powers aforesaid or not, as may be necessary to further the objects of the University;
(u) University should prescribe such courses for Bachelor Degree, Post graduate and Research which would be covered by UGC and AICTE; but University shall have right to start diplomas, certificates etc. in its own subjects;
(v) The academic activities of the University should be set apart from the activities of the Trust.
Section 8 - University open to all classes, castes, creed and gender
The University shall be open to all persons irrespective of class, creed or gender :
Provided that nothing in this section shall be deemed to prevent the University from making special provisions for admission of students belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes of citizens and such other categories as may be specified by the State Government in this behalf:
Provided further that nothing in this section shall be deemed to require the University or a constituent college to admit in any course of study a larger number of students than may be determined by the statutes.
Section 9 - Residence of students
Every student of the University, other than a student who pursues a course of study by distant education system, shall ordinarily reside in a Hall/Hostel under such terms and conditions as may be prescribed by the rules.
Section 10 - Officers of the University
The following shall be the officers of the University.--
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the Pro-Vice-Chancellor;
(d) the Deans of Faculties;
(e) the Registrar;
(f) the Finance Officer; and
(g) such other officers as may be declared by the Statutes to be officers of the University.
Section 11 - The Chancellor
(1) Dr Pranav Pandya, Trustee of Shri Vedmata Gayatri Trust. Shantikunj, Haridwar, Uttaranchal, Director, Brahmavarchas Shodh Sansthan and Head, All World Gayatri Pariwar will be the first Chancellor of the Dev Sanskriti University, whose tenure shall be of five years. Thereafter Vedmata Gayatri Trust, with the previous consent of the State Government, would appoint Chancellor from amongst its trustees.
(2) The Chancellor shall have such powers as may be conferred on him by this Act or the statutes made thereunder.
(3) Every proposal for the conferment of an honorary degree or distinction shall be subject to the confirmation of the Chancellor.
(4) The Chancellor shall, if present, preside at the convocation of the University held for conferring degrees and may delegate to any officer of the University such of his powers as he may consider necessary.
Section 12 - The Vice-Chancellor
(i) The Vice-Chancellor shall be appointed on such terms and conditions as may be prescribed 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).
(ii) The Committee referred to in sub-section (1) shall consist of the following persons, viz.:--
(a) One person nominated by the Chancellor;
(b) The Secretary to the State Government in the Higher Education Department;
(c) Three nominees of the Board of Governors, one of whom shall be nominated as the convenor of the committee by the Board of Governors.
(iii) The committee shall, on the basis of merit, prepare a panel of the 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.
(iv) The Vice-Chancellor shall be the principal executive 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.
(v) 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.
(vi) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be laid down by the statutes or the rules.
(vii) The Chancellor is empowered to remove the Vice-Chancellor after due enquiry. It will be open to the Chancellor to suspend the Vice-Chancellor during enquiry depending upon the seriousness of the charges. As he deems fit.
Section 13 - The Pro-Vice-Chancellor
Pro-Vice-Chancellor may be appointed by the Vice-Chancellor with prior approval of the Chancellor in such manner and shall exercise such powers and perform such duties as may be prescribed in statutes.
Section 14 - Deans of Faculties
Deans of faculties shall be appointed by the Vice-Chancellor in such manner and shall exercise such powers and perform such duties as may be prescribed in statutes.
Section 15 - 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 power 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 the 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 authority, all such information and documents as may be necessary for transaction of their business.
Section 16 - The 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 or may be required by the Chancellor, the Vice-Chancellor or the Registrar.
Section 17 - Other officers
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.
Section 18 - 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 the authorities of the University.
Section 19 - The Board of Governors and its powers
(1) The Board of Governors shall consist of:
(a) the Chancellor - Chairman;
(b) the Vice-Chancellor - Member-Secretary;
(c) Five persons nominated by the Shri Vedmata Gayatri Trust, Shantikunj, Haridwar;
(d) Secretary to the State Government in the Higher Education Department;
(e) A nominee of the U.G.C.;
(f) Two academicians nominated by the Chancellor;
(g) Three Hon'ble members of the legislative assembly of Uttaranchal.
(2) The Board of Governors shall be the principal governing body of the University and shall have the following powers, namely:--
(a) to review decisions of the other authorities of the University if they are not in conformity with the provisions of this Act, or the Statutes or the Rules;
(b) to approve the budget and annual report of the University;
(c) to lay down policies to be pursued by the University;
(d) to make new or additional Statutes or amend or repeal the earlier Statutes and Rules;
(e) to take decision about voluntary winding up of the University;
(f) to approve proposals for submission to the State Government; and
(g) to nominate an observer or observers who will, time to time, under the advice and directions of the Chancellor, decide the policy and framework within which the board of management, academic council, finance committee and such other authorities as may be declared in the statutes, will function and pass resolutions for the proper administration of the University.
(3) The Board of Governors shall, meet three times in a year at such time and place as the Chancellor thinks fit.
Section 20 - The Board of Management
(1) The Board of Management shall consist of,--
(a) the Vice-Chancellor;
(b) a nominee of the UGC;
(c) five persons, nominated by the Shri Vedmata Gayatri Trust, Shantikunj, Haridwar;
(d) two Professors of the University, by rotation on the basis of seniority for a period of one year;
(e) two Deans of the Faculties as nominated by the Chancellor;
(f) Secretary to the State Government in the Higher Education Department or one officer not below the rank of Joint Secretary to the State Government, Department of Higher Education.
The Vice-Chancellor shall be the Chairperson of the Board of Management and the Registrar shall be the Secretary of the Board of Management.
(2) The powers and functions of the Board of Management shall be such as may be prescribed.
Section 21 - 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, the Statutes and the Acts, co-ordinate and exercise general supervision over the academic policies of the University.
Section 22 - The Finance Committee
(1) The Finance Committee shall consist of,--
(a) the Vice-Chancellor Chairman
(b) the Finance Officer
(c) Secretary to the State Government in the Higher Education Department or one officer not below the rank of Joint Secretary to the State Government, Department of Higher Education.
(d) such other members as may be prescribed in the statutes.
(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 and Acts, co-ordinate and exercise general supervision over the financial matters of the University.
Section 23 - Other Authorities
The constitution, powers and functions of the other authorities of the University shall be such as may be prescribed.
Section 24 - Proceedings not to be 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.
Section 25 - Statutes
Subject to the provisions of this Act, and the rules, the Statutes may provide for any matter relating to the University and staff, in particular, provide for,--
(a) the procedure for transaction of business of the Authorities of the University and the composition of bodies 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, the 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) the procedure for resolving of disputes between the University and its officers, faculty members, employees and students;
(f) creation, abolition or restructuring of departments and faculties;
(g) the manner of co-operation with other Universities or Institutions of higher learning;
(h) the procedure for conferment of honorary degrees;
(i) provisions regarding 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;
(k) the fee chargeable from students for various courses of studies;
(l) institution of fellowships, scholarships, studentships, freeships, medals and prizes;
(m) procedure for creation and abolition of posts;
(n) other matters which are to be or may be prescribed.
Section 26 - Statutes how made
(1) The Statutes shall be made by the Shri Vedmata Gayatri Trust, Shantikunj, Haridwar and the Statutes so made shall be submitted to the State Government for its approval, which may, within three months from the date of receipt of the statutes give its approval with or without modification.
(2) Where the State Government fails to take any decision with respect to the approval of the statutes within the period specified under sub-section (1) it shall be deemed to that the State Government has approved the statutes.
Section 27 - Power to amend the Statutes
The Board of Governors may, with the prior approval of the State Government, make new or additional Statutes or amend or repeal the Statutes.
Section 28 - Acts
Subject to the provisions of this Act, the rules and the Statutes 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 examinations and the conditions and mode of appointment and duties of examining bodies, examiners, invigilators, tabulators and moderators;
(f) the fee to be charged for admission to the examinations, degrees and other academic distinctions of the University;
(g) the conditions of residence of the students at the University of a constituent college;
(h) maintenance of discipline among the students of the University of a constituent college;
(i) all other matters may be provided in the statutes and rules under the Act.
Section 29 - Rules
(1) The rules shall be made by Shri Vedmata Gayatri Trust, Shantikunj, Haridwar and the rules so made shall be submitted to the State Government for its approval, which may, within two months from the date of receipt of the rules, give its approval with or without modification.
(2) Where the State Government fails to take any decision with respect to the approval of the rules within the period specified under sub-section (1), it shall be deemed that the State Government has approved the rules.
Section 30 - Power to amend Acts
The Academic Council may, with the approval of the Board of Management, make new or additional rules or amend or repeal the rules, subject to the approval of the State Government.
Section 31 - Conditions of service of employees
(1) Every employee shall be appointed under a written contract, which shall be lodged with the University and a copy of which shall be furnished to the employee concerned.
(2) The University is empowered to take disciplinary action against the students/ employees as per procedure prescribed in the statutes.
(3) Any dispute arising out of the contract between the University and an employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the Board of Management, one member nominated by the employee concerned and an umpire appointed by the Chancellor.
(4) The decision of the tribunal in such matter shall be final.
(5) The procedure for regulating the work of the tribunal shall be such as may be prescribed.
Section 32 - Procedure of disciplinary action against students
(1) The University shall take disciplinary action against any student as per the Statutes and rules.
Section 33 - Right to appeal
Every employee or student of the University or of a constituent college 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 college, as the case may be, and thereupon the Board of Management may confirm, modify or change the decision appealed against.
Section 34 - Provident funds and pension
The University shall constitute for the benefit 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.
Section 35 - Disputes as to constitution of University authorities and bodies
If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.
Section 36 - Constitution of committees
Whether any authority of the University is given power by this Act or the Statutes to appoint committees, such committees shall, save as otherwise provided, consist of any or all the members of the authority concerned and of such other persons, if any, as the authority in each case think fit.
Section 37 - 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 is 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 fills would have been a member.
Section 38 - Protection of action taken in good faith
No suit or other legal proceedings shall lie against any officer or other employee of the University for anything which is done in good faith or intended to be done in pursuance of the provisions of this Act, the statutes or the rules.
Section 39 - Transitional provisions
Notwithstanding anything contained in any other provisions of this Act and the statutes:--
(a) the first Vice-Chancellor and Pro-Vice-Chancellor shall be appointed by the Chancellor and the said officer shall hold office for a term of three years;
(b) the first Registrar and the first Finance Officer shall be appointed by the Chancellor who shall hold office for a term of three years;
(c) the first Board of Governors shall consist of not more than eleven members who shall be nominated by the Chancellor and they shall hold office for a term of three years;
(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 years;
Section 40 - Permanent endowment fund
(1) The University shall establish a permanent endowment fund of at least rupees one crore which may be increased suo moto but shall not be deceased.
(2) The University shall have power to invest the permanent endowment fund in such manner as may be prescribed.
(3) The University may transfer any amount from the general fund or the development fund to the permanent endowment fund. Excepting the dissolution of the University, in no other circumstances can any monies be transferred from corpus of the endowment fund to other purposes.
(4) Not exceeding 75% of the incomes received from the corpus permanent endowment fund shall be used for the purposes of the development works of the University as mentioned in Section 42(e). The rest 25% shall be reinvested into the permanent endowment fund.
Section 41 - 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 Shri Vedmata Gayatri Trust, Shantikunj, Haridwar; and
(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.
Section 42 - Development Fund
(1) The University shall also establish a development fund to which the following funds 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 Shri Vedmata Gayatri Trust, Shantikunj, Haridwar;
(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; and
(e) all incomes 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.
Section 43 - Maintenance Fund
The funds established under Sections 40, 41 and 42 shall, subject to general supervision and control of the Board of Governors be regulated and maintained in such manner as may be prescribed.
Section 44 - 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 Board of 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) Copy of the annual report duly approved by the Board of Governors shall be sent to the State Government.
Section 45 - Account and audit
(1) The annual accounts 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 accounts and balance sheet of the University shall be audited by at least two auditors, who are members of the Indian Institute of Chartered Accountants 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.
(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 State Government along with its observations thereon.
Section 46 - Mode of proof of University record
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 the University or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or 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 thereof would, if produced, have been admissible in evidence.
Section 47 - Dissolution of Shri Vedmata Gayatri Trust
(1) If Shri Vedmata Gayatri Trust, Shantikunj, Haridwar; proposes its dissolution in accordance with the law governing its constitution or incorporation, it shall give at least three months notice in writing to the State Government.
(2) On identification of mismanagement, maladministration, indiscipline, failure in the accomplishment of the objects of University and economic hardships in the management systems of University, the State Government would issue directions to the Management system of University, if the directions are not followed within time, the right to take decision for winding up of the University would vest in the State Government.
(3) On receipt of the notice referred to in sub-section (1), the State Government shall, in consultation with the Council for Technical Education and U.G.C. make such arrangements for administration of the University from the date of dissolution of Shri Vedmata Gayatri Trust, Shantikunj, Haridwar; 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.
Section 48 - Expenditure of the University during dissolution of the Shri Vedmata Gayatri Trust
(1) The expenditure for administration of the University during the taking over period of its management under Section 47 shall be met out of the permanent endowment fund, the general fund or the development fund.
(2) If the funds referred to in sub-section (1) are not sufficient to meet the expenditure of the University during the taking over period of its management, such expenditure may be met by disposing of the properties or assets of the University, by the State Government.
Section 49 - Section 49
(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by a notification order, make such provisions, not inconsistent or with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty :
Provided that no notification order under sub-section (1) shall be made after the expiration 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.
Section 50 - Section 50
Ordinance promulgated by the H.E. The Governor would be deemed repealed by the Bill.
