LexThe Haryana Vishwakarma Skill University Act, 2016 (25 of 2016)
Haryana · state statute
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ACT 25 OF 2016
An
ACT
to establish and incorporate a Skill University in the State of Haryana to
facilitate and promote skill, entrepreneurship development, skill ba sed education
and research in the emerging areas of manufacturing, textile, design, logistics and
transportation, automation, maintenance, etc. and to raise skill level in various
fields related to these areas and for matters connected therewith or incidental
thereto.
Be it enacted by the Legislature of the State of Haryana in the Sixty-seventh
Year of the Republic of India as follows:-
Short title
and
commencem
ent.
1. (1) This Act may be called the Shri Vishwakarma Skill University Act*, 2016
(2) It shall come into force on the date of its publication in the Official Gazette.
Definitions. 2. In this Act and in all Statutes, Ordinances and Regulations made
thereunder, unless the context otherwise requires, -
(a) “All India Council for Technical Education” means the All India
Council for Technical Education established under the All India
Council for Technical Education Act, 1987 (Central Act 52 of
1987);
(b) “college” means a college maintained by, or admitted to the
privileges of the University under this Act;
(c) “Council of Architecture” mea ns the Council of Architecture
constituted under the Architects Act, 1972 (Central Act 20 of
1972);
(d) “employee” means any person appointe d by the University and
includes teachers and all other staff of the University;
(e) “Haryana State Board of Technical Edu cation” means the
Haryana State Board of Technical Education established under
the Haryana State Board of Technical Education Act, 2008 (19 of
2008);
______________________________________________________________________________
* Haryana Vishwakarma Skill University( Amendment) Act , 2018.
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(f) “Indian Institute of Technology” means the Indian Institute of
Technology incorporated under the Institute of Technology Act,
1961 (Central Act 59 of 1961);
(g) “Indian Medical Council” means Indian Medical Council
constituted under the Indian Medical Council Act, 1956 (Central
Act 102 of 1956);
(h) “Institution” means an institution, not being a college maintained
by the University;
(i) “National Council for Vocational Training” means National
Council for Vocational Training established by the Central
Government;
(j) “National Institute of Technology” means an institution listed in
the Schedule to the National I nstitute of Technology Act, 2007
(Central Act 29 of 2007);
(k) “National Occupational Standards” means the National
Occupational Standards developed by the Sector Skill Councils
concerned;
(l) “National Skill Development Agency” means the National Skill
Development Agency as constituted by the Central Government;
(m) “National Skill Development Corporation” means the National
Skill Development Corporation as established by the Central
Government;
(n) “National Skill Qualification Framework” means the
qualification assuran ce framework for skills as notified by the
Central Government;
(o) “Pharmacy Council of India” means the Council constituted
under the Pharmacy Act, 1948 (Central Act 8 of 1948);
(p) “prescribed” means prescribed by the Statutes and Regulations;
(q) “Sector Skill Council” means the Sector Skill Council recognized
as such by the National Skill Development Corporation of Central
Government;
(r) “State” means the State of Haryana;
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(s) “State Government” means the Government of the State of
Haryana in the administrative department;
(t) “State Sector Skill Council” means Sector Skill Council
recognized as such by the State Government;
(u) “Statutes”, “Ordinances” and “Regulations” mean respectively
the Statutes, Ordinances and Regulations of the University made
under this Act;
(v) “University” means the Shri Vishwakarma Skill University
established under this Act;
(w) “University Grants Commission” means the University
Grants Commission established under the University
Grants Commission Act, 1956 (Central Act 3 of 1956);
(x) “University teachers” means professors, associate professors,
assistant professors and such other persons as may be appointed
for imparting instructions, trainings or conducting research in the
University or in any college or institution and are design ated as
teachers by the Ordinances; and
(y) “vocational education” means such education that prepares a
person to work as a technician in a trade, craft, or in support role
in professions such as engineering, accountancy, nursing,
medicine, architecture, law etc.
Incorporatio
n.
3. (1) There shall continue to be a body corporate by the name of the Shri
Vishwakarma Skill University comprising of the Chancellor , Vice-
Chancellor, the members of the Court, the Executive Council, the Skill
Council of the University and all persons, who may hereafter become or be
appointed as such officers or members, so long as they continue to hold
such office or membership.
(2) The University shall have perpetual succession and a common seal
with power to acquire, hold and dispose of property and to contract , and may
by the said name sue or be sued.
Objects of
University.
4. The University shall have the following objects, namely: –
(a) to emerge as one of the foremost institution of quality in skill
education recognized by industry, nationally and internationally;
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(b) to develop qualifie d youth with skill proficiency and
competency at different levels as per National/State qualifications
of skill education;
(c) to promote skill education in an integrated an d holistic manner
with higher education to ensure pathways for progression and
mobility;
(d) to provide opportunities for flexible learning systems and skill
development;
(e) to frame credit framework for competency based skill and
vocational education;
(f) to exchange expertise and bes t practices in support of skill
developments efforts with any other college, institution,
organization, university etc.;
(g) to disseminate knowledge/skill through seminars, conferences,
executive education programmes, community development
programmes, publications and training programmes;
(h) to undertake programmes for the training and development
of faculty members and teachers of the University and other
institutions;
(i) to undertake collaborative research with other
organizations;
(j) to create entrepreneurs by providing necessary skill and
support;
(k) to provide consultancy to government, semi -government, public
and private industries;
(l) to create an Industry Academia partnership by inviting
industry and institutions for mutual benefits;
(m) to ensure that the standard of degree, diploma, certificates and
other academic distinctions are not lower than those laid down by
statutory regulatory authorities in India; and
(n) to pursue any other objects, as may be prescribed.
Territorial
exercise
of powers.
5. (1) The limits of the area within which the University shall exercise its powers,
shall be such, as the Government may, from time to time, by notification, specify:
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Provided that different areas may be specified for different faculties.
(2) Notwithstanding anything contained in any other State law for the time
being in force, any college or institution situated within the limits of the areas
specified under sub-section (1) shall, with effect from such date , as may be
notified in this behalf by the Government, be deemed to be associated with, and
admitted to, the privileges of the University and shall cease to be associated in
any way with, or be admitted to, the privi leges of any other University, and
different dates may be notified for different colleges or institution:
Provided that-
(i) any student of any college or institution, associated with or
admitted to, any other university before the said date, who was
studying for any degree, diploma or certificate examination of
that university, shall be permitted to complete his course in
preparation thereof and the University shall hold for such
student’s examinations in accordance with the curricula of
study in force in that university , for such period , as may be
prescribed by the Statutes, Ordinances and Regulations;
(ii) any such student may, until any such examination is held by
the University, be admitted to the examination of the other
university and be conferred the degree, diploma, certificate or
any other privilege of that university for which he qualifies on
the result of such examination.
Bar on
conferring,
granting or
issuing
degrees,
diplomas or
certificates
by
unauthorize
d
institutions.
6. (1) Notwithstanding anything contained in this Actor any other State law for
the time being in force no college or institution other than the University, shall
confer, grant, issue or hold himself or itself out as entitled to confer, grant or issue
any degree, diploma or certificate in the specified areas of knowledge assigned to
it within the territorial jurisdiction of University which is identical with or is a
colourable imitation of any degree, diploma or certificate conferred, granted or
issued by the University.
(2) Contravention of the provisions of sub-section (1) shall be an offence and
shall be dealt with as per rules laid down by the University in this regard keeping
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in view the orders and guidelines issued by the competent authorities and
academic bodies such as the State Government and the University Grants
Commission.
(3) Where an offence under this section has been committed by an institution,
every person in charge of and responsible to the institution for the conduct of its
business at the time of the commission of the offence, shall be deemed to be guilty
of the offence and shall be liable to be proceeded against as per the University
rule:
Provided that such person shall not be liable for any action if he shows that
such offence was committed without his knowledge and he exercised all due
diligence for the prevention of such offence, on coming to know of it.
(4) Notwithstanding anything contained in sub -section (3), where an offe nce
under this section has been committed by an institution and it is proved that the
offence has been committed with the consent or connivance of, or that the
commission of the offence is attributable to any neglect on the part of any partner,
director, m anager, secretary or other officer of the institution , such partner,
director, manager, secretary or other officer shall also be deemed to be guilty of
that offence and shall be liable to be proceeded against and punished accordingly.
Explanations. - For the purpose of the section ‘ institution’ means anybody
corporate and includes a firm or other association of individuals.
Powers and
functions of
University.
7. The University shall exercise the following powers and perform the
following functions, namely: -
(a) to provide facilities and promote trainings, studies and research in
emerging areas of skill, including new frontiers of manufacturing,
textile, design, logistics and transportation , automation,
maintenance, information technology, healthcar e, construction,
banking and finance, marketing, hospitality etc. and also to
achieve excellence in enhancement in these and connected fields;
(b) to recognize and affiliate institutions of skill education, in such
manner and in accordance with such parameters, as may be
specified by Statutes;
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(c) to develop credit frame work in accordance with the National
Occupational Standards as specified by the National Skill
Qualification Framework;
(d) to develop curriculum packages of skill at different levels, as may
be defined by the University or by the National Skill Qualification
Framework;
(e) to define norms and parameters of skill education , teaching and
instruction, consistent with the credit framework and curriculum
packages, as the University may deem fit;
(f) to award degrees, diplomas, certificates and other distinctions;
(g) to define norms of examination or any other measure of
assessment of knowledge and competency of a student for
admission to the University or institution;
(h) to hold examinations or other assessments of knowledge or
competency, or accredit the examination or other assessment
system of institution , as the University may, from time to time
determine;
(i) to recognize industries or training centres for the purposes of
practical training of students in skill and to define norms for
recognition of competency attained by a student in such practical
training in industry or training centre for the purpose of earning
credits;
(j) to lay down norms for transfer of credits to promote new learning
opportunities without compromising on learning outcomes;
(k) to appoint persons possessing significant experience, knowledge
and competency, as adjunct, guest or visiting faculty of the
University, on such terms and for such duration, as the University
may decide;
(l) to lay down parameters for assessment and accreditation of skill
educators and training providers in accordance with the norms
specified under the National Skill Qualification Framewo rk, or
such other norms, as may be determined by the University;
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(m) to determine, specify and receive payment of fees and other
charges, from students, institution, industry or body corporate for
instructions and other services, including training, consu ltancy
and advisory services, provided by the University , as the
University may deem fit;
(n) to acquire, hold, manage and dispose of any property belonging to
or vested in the University, in such manner, as the University may
deem fit;
(o) to receive gifts, grants, donations or benefactions from the Central
Government and the State Government and to receive bequests,
donations and transfer of movable or immovable properties from
testators, donors or transferors, as the case may be;
(p) to establish its own school to provide skill education, for
identification and recognition of prior learning of skill;
(q) to establish and maintain such infrastructure including campuses
and training centers within its territorial jurisdiction;
(r) to institute and award fellowship, scholarships, exhibitions, prizes
and medals;
(s) to collaborate with any other Indian or foreign u niversity or
institution in offering joint degree programmes for bridging skill
education with higher education;
(t) to promote national and international collaboration with
institutions of skill education for the purpose of developing
competency, knowledge and ability to global standards;
(u) to establish its own production house, incubation centre, retail
house or service centre or any other centre which shall provide
practical training to enhance skill level of youth; and
*(v) “to create posts and prescribe the terms and conditions of
appointment of Director, Principal, University teacher, non -
vacation academic staff, non -teaching skilled, administrative and
ministerial staff and such other posts, as required by the university,
subject to the provisions of section 35;
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*(w) to establish, maintain and manage, whenever necessary,
(a) Knowledge Resource Centre;
(b) University extension boards;
© Information bureaus;
(d) Employment guidance bureaus;
(e) Autonomous Evaluation Boards;
*(x) to do all such things as may be necessary, incidental or
conducive to the attainment of all or nay of the objects of the
University.”
University
open to all
races,
classes,
castes and
creeds
8. The University shall be open to all persons irrespective of sex, race, creed,
caste or class and no test or condition shall be imposed as to religion, belief or
profession in admitting or appointing members, students, teachers, workers, or in
any other connection whatsoever and no benefactions shall be accepted which in
the opinion of the authorities of the University involves conditions or obligations
opposed to the spirit and objectives of this provision:
Provided that nothing contained in this section shall be deemed to prevent
the University from making any special provisions in respect of weaker sections
of the society and in particular Scheduled Castes and Scheduled Tribes.
Teaching of
University.
9. All teaching in the University shall be conducted by and in the name of the
University in accordance with the Statutes, Ordinances and Regulations made in
this behalf.
*Amended Vide the Shri Vishwakarma Skill University (Amended) Act No.30 of 2017
dated 22nd November, 2017.
Officers of
University
10. The following shall be officer of the University, namely: -
(i) the Chancellor;
(ii) the Vice-Chancellor;
(iii) the Registrar; and
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(iv) such other persons in the service of the University, as may be
declared by the Statutes to be officers of the University.
Chancellor. 11. (1) The Governor of Haryana by virtue of his office shall be the Chancellor
of the University.
(2) The Chancellor shall be the Head of the University.
(3) The Chancellor shall, if present, preside over the convocation of the
University for conferring degrees and meetings of the Court.
(4) The Chancellor shall have the right-
(i) to cause an inspection to be made by such person or persons, as he
may direct, of the University, its buildings, laboratories, libraries,
and equipment and of any college or institution maintained by the
University and also of the examinations, teaching and other work
conducted and done by the University;
(ii) to cause an inquiry to be made in like manner in respect of any
matter connected with the administration of finances of the
University, colleges or institutions.
(5) The Chancellor shall, in every case, give notice to the University of his
intention to cau se an inspection or inquiry to be made and on receipt of such
notice, the University shall have the right to make such representation to the
Chancellor, as it may consider necessary.
(6) After considering the representation, if any, made by the University, the
Chancellor may cause to be made such inspection or inquiry , as is referred to in
sub-section (4).
(7) Where any inspection or inquiry has been caused to be made by the
Chancellor, the University shall be entitled to appoint a representative who shal l
have the right to be present and to be heard at such inspection or inquiry.
(8) The Chancellor may, if the inspection or inquiry is made in respect of
the University or any college or institution maintained by it, address the Vice -
Chancellor with reference to the result of such inspection or inquiry, and the Vice-
Chancellor shall communicate to the Executive Council , the views of the
Chancellor and the action to be taken thereon as advised by the Chancellor.
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(9) The Executive Council shall communicate through the Vice-Chancellor
to the Chancellor such action, if any, as it pro poses to take or has taken upon the
result of such inspection or inquiry.
(10) Where the Executive Council does not, within a reasonable time, take
action to the satisfaction of the Chancellor, the Chancellor, may, after considering
any explanation furnished or representation made by the Executive Council, issue
such directions, as he may think fit and the Executive Council shall comply with
such directions.
(11) Without prejudice to the foregoing provisions of this section, the
Chancellor may, by order in writing, annul any proceedings of the University,
which are not in conformity with this Act, the Statutes or the Ordinances:
Provided that before making any su ch order, he shall call upon the
University to show cause why such an order should not be made, and if any cause
is shown within a reasonable time, he shall consider the same.
(12) The Chancellor may, at any time, require or direct the University to act
in conformity with the provisions of this Act and the Statutes, Ordinances and
Regulations made thereunder.
(13) The power exercised by the Chancellor under sub-section (11) and sub-
section (12) shall not be called in question in any Civil Court.
(14) Any employee of the University, who is aggrieved by the decision of the
Executive Council or the Vice -Chancellor in respect of any disciplinary action
taken against him, may address a memorial to the Chancellor in such manner, as
may be prescribed by the Statutes and the decision of the Chancellor shall be final.
(15) The Chancellor shall have such other powers , as may be prescribed by
the Statutes.
Vice-
Chancellor.
12. (1) Notwithstanding anything contained in this Act, the first Vice -
Chancellor shall be appointed by the Chancellor on the advice of the State
Government for such period not exceeding three years, as deemed appropriate
by the State Government.
(2) The Vice-chancellor shall be appointed from the field of Technology,
Sciences, Public Administration, Skill Development, Pharmacy or Management.
*(3) “The State Government shall constitute a Selection Committee
consisting of one nominee of the Chancellor and two nominees of the Executive
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Council, three months prior to the expiry of term of the Vice - Chancellor, which
shall prepare a panel of at least three names, in alphabetical order, from which the
Chancellor shall appoint the Vice -Chancellor, on the advice of the State
Government. The terms and conditions of service of the Vice-Chancellor shall be
determined by the Chancellor, on the advice of the State Government”.
(4) The Vice-Chancellor shall hold office for a period of three years which
may be renewed for not more than one term:
Provided that he shall cease to hold the office on attaining the age of 68
years irrespective of the fact that his term has not expired.
(5) If the Vice -Chancellor is unable to perform his duties owing to his
temporary incapacity on account of illness or any other reason, or the office of the
Vice-Chancellor falls vacant due to death, resignation or otherwise, the Chancellor
may make arrangements for the performance of duties of the Vice-Chancellor until
the existing Vice-Chancellor is able to resume his office or until a regular Vice -
Chancellor is appointed, as the case may be.
(6) 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 ef fect to the decisions of all the authorities of the
University.
(7) The Vice-Chancellor may, if he is of the opinion that immediate action is
necessary on any matter, exercise any power conferred on any authority of the
University by or under this Act, except in the matters involving creation or
abolition of a faculty, department or post and the matter involving appointment or
removal of an employee:
*Amended Vide the Shri Vishwakarma Skill University ( Amended) Act No.30 of 2017
dated 22nd November, 2017.
Provided that the Vice -Chancellor before exercising powers under this section
shall record in writing the reasons, why the matter cannot wait till the meeting of
the authority concerned:
Provided further that if the authority concerned is of the opinion that such
action ought not to have been taken, it may refer the matter to the Chancellor ,
whose decision thereon shall be final:
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Provided further that any person in the service of the University who is aggrieved
by the action taken by the Vice -Chancellor under this sub-section shall have the
right to represent to the Executive Council within one month from the date on
which decision on such action is communicated to him and thereupon the
Executive Council may confirm, modify or reverse the action taken by the Vice-
Chancellor. The employee shall be informed that the action has been taken under
emergency powers.
(8) The Vice-Chancellor shall exercise such other powers and perform such
other duties, as may be prescribed by the Statutes or Ordinances.
(9) The Chancell or may, on the advice of the State Government, cause an
inquiry to be held in accordance with the principles of natural justice, and remove
the Vice-Chancellor from office, if he is found on such inquiry, to be a person
patently unfit to be continued in such office:
Provided that the Chancellor may curtail working powers and functions of
Vice-Chancellor in case he is of the opinion that an ongoing matter in a complaint
against the Vice-Chancellor is serious enough to be an impediment in discharging
the dut ies of the Vice - Chancellor and may make arrangements for the
performance of the duties of Vice -Chancellor until the existing Vice -Chancellor
is able to resume his office or until a regular Vice-Chancellor is appointed, as the
case may be.
Registrar. 13. (1) The Registrar shall be appointed by the Chancellor on the advice of the
State Government.
(2) The Registrar shall be the Chief Administrative Officer of the University.
He shall work directly under the superintendence, direction and c ontrol of the
Vice-Chancellor.
Other
officers.
14. The manner of appointment and powers and functions of other officers of
the University shall be such, as may be prescribed by the Statutes.
Authorities
of
University.
15. (1) The following shall be the authorities of t he University, namely: -
(i) the Court;
(ii) the Executive Council ;
(iii) the Skill Council;
(iv) the Finance Committee;
(v) the Faculties;
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(vi) the Planning Board; and
(vii) such other authorities as may be declared by the Statutes to be the
authorities of the University.
(2) The constitution, functions, and powers of the authorities shall be such,
as may be prescribed by the Statutes.
Court. 16. (1) The Constitution of the Court, and the term of office of its members shall
be prescribed by the Statutes.
(2) Subject to the provisions of this Act, the Court shall have the following
powers and functions, namely: -
(a) to review, from time to time, the broad policies and programmes
of the University and to suggest measures for the improvement and
development of the University;
(b) to consider and pass resolution on the annual report, annual budget
and the annual accounts of the University and on the audit report
of such accounts;
(c) to advise the Chancellor in respect of any matter which may be
referred to it for advice; and
(d) to perform such other functions, as may be prescribed by the
Statutes.
Executive
Council.
17. (1) The Executive Council shall be the principal executive body of the
University.
(2) The constitution of the Executive Council, the term of office of its
members and its powers and functions shall be such, as may be prescribed by the
Statutes.
*Skill
Council
*18. *(1) The Skill Council shall be the principal academic body of the University
and shall, subject to the provisions of this Act, the Statutes and Ordinances, co -
ordinate and exercise general supervisions over all academic and skill training
policies of the University.
*(2) “The constitution of the Skill Council, the term of office of its members
and its powers and functions shall be such, as may be prescribed.”
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Faculties. 19. The constitution and functions of the Faculties shall be such, as may be
prescribed by the Statutes.
Finance
Committee.
20. The constitution of the Finance Committee, the term of office of its
members, and its powers and functions shall be such, as may be prescribed by the
Statutes.
Planning
Board.
21. The constitution and functions of the Planning Board shall be such, as may
be prescribed by the Statutes.
Statutes and
their scope.
22. 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 functions of the authorities and other
bodies of the University, as may be constituted from time to time;
(b) the classification, mode of appointment, powers and duties of the
teachers and the officers of the University;
(c) the condi tions of service including provision for pension or
provident fund or insurance scheme for the benefit of the
employees of the University;
(d) the conferment of honorary degrees;
(e) the establishment and abolition of faculties and departments;
(f) the institution of fellowships, scholarships studentships,
exhibitions, medals and prizes;
(g) the maintenance of discipline among the students;
(h) the conditions under which colleges and institutions may be
admitted to the privileges of the University and the withdrawal of
the same;
*Amended Vide the Shri Vishwakarma Skill University (Amended) Act No.30 of 2017
dated 22nd November, 2017.
(i) the delegation of powers vested in the authorities or officers of
the University; and
(j) all other matters which by this Act are to be or may be provided
for, by the Statutes.
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Statutes. 23. (1) On the commencement of this Act, the Statutes of the University shall be
those, as set out in the Schedule:
Provided that the authorities of the University constituted under the
Statutes framed before the commencement of this Act , shall continue to exercise
all the powers and perform all the functions under this Act , till such authorities
are constituted in terms of the Statutes set out in the Schedule referred to above.
(2) The E xecutive Council may, from time to time make new or additional
Statutes or may amend or repeal the Statutes in the manner here inafter provided
in this section:
Provided that the Executive Council shall not make, amend or repeal any
Statute, affecting the status, power or constitution of any authority of the
University until such authority has been given an opportunity of expressing an
opinion in writing on the proposed changes and any opinion so expressed shall
be considered by the Executive Council.
(3) The Skill Council may propose to the Executive Council a draft of any
Statute relating to academic matters for consideration by the Executive Council.
(4) Every new Statute or addition to the Statute or any amendment or repeal
of a Statute shall require th e approval of the Chancellor , who may approve,
disapprove or remit it for further consideration . A Statute passed by the
Executive Council shall have no validity until it has been assented to by the
Chancellor.
(5) Notwithstanding anything contained in the foregoing sub -sections, the
Chancellor either suo motu or on the advice of the State Government, may direct
the Executive Council, to make, amend or repeal the Statutes in respect of
any matter specified by him and if the Executive Council fail s to implement
such a direction within sixty days of its receipt, the Chancellor may, after
considering the reasons, if any, communicated by the Executive Council or its
inability to comply with such direction, make, amend or repeal the Statutes
suitably.
Ordinance
and
their scope.
24. Subject to the provisions of this Act and the Statutes, the Ordinances shall
provide for all or any of the following matters , namely: -
(a) the admission of students to the University and their enrolment as
such;
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(b) the courses of study to be laid down for all degrees, diplomas and
certificates of the University;
(c) the conditions under which students shall be admitted to the
degree or diploma courses and to the examination of the
University and shall be eligible for degrees and diplomas;
(d) the fee to be charged for courses of study in the University and
for admission to the examinations, degree and diplomas of the
University; and further to make progressively the fee structures of
flexible that the courses could become self-financing to the extent
possible;
(e) the conditions of the award of fellowships, studentships,
exhibition, medals and prizes;
(f) the conduct of examinations, including the term of office and
manner of appointment and the duties of examiners, moderato rs
and assessors;
(g) the conditions of residence of students of the University; and
*(h) to keep the courses subsidized for first three years from the start
of the course;
*(i) to start an apprenticeship program which has fund to promote
work study programmes and provide stipend to the students;
*(j) to define accountabilities of all councils towards the overall
performance of the University so as to accelerate the University
in the direction of growth and development;
*(k) mechanism for prevention of ragging of students of the University
and affiliated colleges;
*Amended Vide the Haryana Vishwakarma Skill University (Amended) Act No.30 of
2017 dated 22nd November, 2017.
*(l) mechanism for prevention, redressal of grievances and penalty for
sexual harassment of University teachers, employees, student of
the University and affiliated colleges in accordance with the
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provisions of the Sexual Harassment of Women at Work place
(Prevention, Prohibition and Redressal) Act, 2013(Central Act 14
of 2013).
Ordinances. 25. (1) The Ordinances shall be made, amended, repealed or added to by the
Executive Council :
Provided that no Ordinance shall be made -
(i) affecting the admission or enrolment of students or prescribing
examinations to be recognized as equivalent to the University
examinations; and
(ii) affecting the conditions, mode of appointment or duties of
examiners or the conduct or standard of exa mination or any
course of study,
unless the draft of such an Ordinance ha s been proposed by the
Skill Council.
(2) The Executive Council may return to the Skill Council for
reconsideration, either in whole or in part, any draft proposed by the Skill
Council under sub -section (1) along with its suggestions:
Provided that the Executive Council shall not amend the draft proposed
by the Skill Council itself. It may, however, reject such draft , if not found
suitable when submitted to it by the Skill Council for the second time.
(3) All Ordinances made by the Executive Council shall have effect from
such date, as it may direct and every Ordinance made shall be communicated, as
soon as may be, to the Chancellor.
Regulations
.
26. (1) The authorities of the University may make Regulations consistent with
this Act, the Statutes and the Ordinances-
(a) laying down the procedure to be observed at their meetings; and
*Amended Vide the Haryana Vishwakarma Skill University (Amended) Act No.30 of
2017 dated 22nd November, 2017.
(b) providing for all matters which by this Act, the Statutes or the
Ordinances are to be prescribed by Regulations.
19
(2) Every authority of the University shall make Regulations providing for
giving of notice to the members of such authority of the dates of meetings and
of the business to be considered at meetings and for keeping of a record of the
proceedings of the meetings.
Annual
Report.
27. The annual report of the University giving details of broad programmes,
policies and finances, amendments of Statutes and Ordinances made during the
year under report, shall be prepared under the directions of the Executive
Council and shall be submitted to the Court on or after such date , as may be
prescribed by the Statutes and the Court shall consider the report at its annual
meeting.
Funds and
accounts.
28. (1) The University shall have a General Fund to which shall be credited -
(a) its income from fees, grants, donations and gifts, if any;
(b) any contribution or grant made by the Central /State Government,
the Ministry of Skill Development and Entrepreneurship ,
National Skill Development Agency, National Skill Development
Corporation, University Grants Commission, All India Council
for Technical Education or like authority, any local authority or
any corporation owned or controlled by the State Government;
(c) endowments and other receipts.
(2) The U niversity may have such other funds , as may be prescribed by the
Statutes.
(3) The funds and all moneys of the U niversity shall be managed in such a
manner, as may be prescribed by the Statutes.
(4) The State Government may, every year, provide grant -in-aid to facilitate
and promote studies and research .
Annual
Accounts.
29. (1) The annual accounts and the balance sheet of the University shall be
prepared under the directions of the Executive Council and shall at least once
every year a nd at intervals of not more than fifteen months be audited by the
Director, Local Fund Accounts, Haryana or any other auditor that may be
appointed by the State Government. The annual accounts when audited shall be
published in the Haryana Government Gazet te and a copy of the annual accounts
along with the report of the Director, Local Fund Accounts or the auditor shall
be submitted to the Court and the Chancellor along with the observations of the
20
Executive Council. Any observations made by the Chancellor on the annual
accounts shall be brought to the notice of the Court and observations of the
Court, if any, shall after being considered by the Executive Council, be submitted
to the Chancellor.
(2) The annual accounts of the University shall also be submitted to the
State Government at the time of its submission to the Chancellor.
Conditions
of
service of
officers and
teachers.
30. (1) Every salaried officer and teacher, except the Vice -Chancellor and
Registrar, shall be appointed under a written contract, which shall be lodged
with the University and any dispute arising out of a contract between the
University and officer or teacher shall, at the request of the teacher or officer
concerned or at the instance of the University, be referred to a Tribunal of
arbitration consisting of one member appointed by the Executive Council,
one member nominated by the officer or teacher concerned and one nominee
of the C hancellor. The decision of the majority of the members of the Tribunal
shall be final and no suit shall lie in any Civil Court in respect of the matter
decided by the Tribunal.
(2) Every such request shall be deemed to be a s ubmission to arbitration
within the meaning of the Arbitration and Conciliation Act, 1996 (Central Act
26 of 1996).
Pension,
provident
fund and
insurance
fund.
31. (1) The University shall institute, for the benefit of its officers, teachers and
other employees, provident fund and insurance fund on the pattern of the
Government employees.
(2) Where any provident fund and insurance fund have been so constituted,
the provisions of the Provident Fund Act, 1925 (Central Act 19 of 1925) shall be
applicable.
Vacancy not
to
invalidate
proceedings
.
32. No act done, or proceeding taken, under this Act by any authority or other
body of the University shall be invalid merely on the ground of any-
(a) vacancy or defect in the constitution of the authority or body; or
(b) defect or irregularity in election, nomination or appointment of a
person acting as a member thereof; or
(c) defect or irregularity in such act or proceeding, not affecting the
merits of the case.
21
Certain
disputes
to be
referred to
Chancellor.
33. If any question arises 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, matter shall be referred to the Chancellor , whose decision thereon
shall be final.
Power to
remove
difficulties.
34. If any difficulty arises in giving effect to the provisions of this Act, the
State Government may, by order, do anything not inconsistent with the
provisions of this Act which appears to it to be necessary or expedient for the
purpose of removing the difficulty.
Creation of
teaching
and
non-
teaching
posts.
35. Notwithstanding anything contained in this Act, the University shall not
create any teaching and non -teaching posts or revise the pay scales of the
teaching and non-teaching employees without obtaining the prior approval of the
State Government:
Provided that the State Government may delegate its powers under this
section to the Vice -Chancellor or the Executive Council as and when the
need arises for smooth functioning and growth of the University.
Protection
of
action taken
in
good faith.
36. No suit or other legal pro ceedings shall lie against any o fficer or
employee of the University for anything which is in good faith done or intended
to be done in pursuance of any of the provisions of this Act, the Statutes or
Ordinances.
22
THE SCHEDULE
[see sections 2 (u) and 23]
(STATUTES OF THE HARYANA VISHWAKARMA SKILL
UNIVERSITY)
Powers and
duties of
Vice-
Chancellor.
1. (i) The Vice -Chancellor shall be ex -officio Chairman of the
Executive Council, the Skill Council and the Finance
Committee, and shall, in the absence of the Chancellor, preside
over the convocations of the University held for conferring
degrees and over the meetings of the Court. The Vice -
Chancellor shall be entitled to be present at, and to address,
any meeting of any authority or o ther body of the University
but shall not be entitled to vote thereat, unless he is a member
of such authority or body.
(ii) It shall be the duty of the Vice -Chancellor to see that the
provisions of the Act, the Statutes, the Ordinances and the
Regulations are duly observed and he shall take all necessary
steps to ensure such observance.
(iii) The Vice-Chancellor shall have the power to convene or cause
to be convened meetings of the Court, the Executive Council,
the Skill Council , the Finance Committee and any other
authority or body of the University .
(iv) The Vice -Chancellor shall exercise general control over the
affairs of the University and shall give effect to the decisions
of the authorities of the University.
(v) The decision of the Vice -Chancellor regarding seniority for
nomination to the various authorities or bodies of the
University shall be final.
Powers and
duties of
Registrar.
2. (i) The Registrar shall be ex -officio Secretary of the Executive
Council and Faculties but shall not be deemed to be a member
of any of these authorities and shall be ex -officio Member
Secretary of the Court and the Skill Council.
23
(ii) When the Office of the Registrar is vacant or when the Registrar
is by reason of illness, or any other cause unable to perform
the duties of his office, the duties of the office shall be
performed by such person , as the Vice -Chancellor may
appoint temporary for the purpose till regular appointment is
made by the Chancellor on the advice of the State
Government.
(v) It shall be the duty of the Registrar -
(a) to be the custodian of the records, common seal and such
other property of the University , as the Vice -Chancellor
shall commit to his ch arge;
(b) to issue all notices convening meetings of the Court, the
Executive Council, the Skill Council, the Facultie s and
any c ommittee appointed by any authority of the
University;
(c) to keep the minutes of all meetings of the Court, the
Executive Council, the Skill Council, th e Faculties and
any Committee appointed by the authorities of the
University;
(d) to conduct the official correspondence of the Court, the
Executive Council, the Skill Council and the Faculties;
(e) to supply to the Chancellor , copies of the agenda, the
minutes of the meetings of the authorities of the
University, as soon as they are issued;
(f) to perform such other duties , as may, from time to time,
be assigned to him by the Vice -Chancellor.
(vi) The Registrar shall have power to administer warning or to
impose the penalty of censure or withholding of increments
upon such of the employee, excluding teachers of the
University and academic staff, as may be specified in the
orders of the Executive Council and to suspend them pending
enquiry:
24
Provided that no such penalty sha ll be imposed unless
the person concerned has been given a reasonable opportunity
of showing cause against the action proposed to be taken
against him.
(vii) An appeal shall lie to the Vice -Chancellor against any order
of the Registrar imposing any of the penalt ies specified in
clause (iv).
(viii) In case the inquiry discloses that Excerpt shown. Open the full act in Lexace.