LexThe Haryana Private Universities Act, 2006 (32 of 2006)
Haryana · state statute
Open in Lexace · Ask the AI about this actTHE HARYANA PRIVATE UNIVERSITIES, 2006
(as amended upto 10th May 2012)
AN
ACT
to provide for establishment and incorporation of private universities in the
State of Haryana for imparting higher education and to regulate their
functions and for matters connected therewith or incidental thereto.
Short title, extent and
commencement.
1. (1) This Act may be called the Haryana Private Universities Act, 2006.
(2) It extends to the whole of the State of Haryana.
(3) It shall come into force at once.
Definitions. 2. In this Act and in all the Statutes, Ordinances and Regulations made
hereunder, unless the context otherwise requires,-
(a) "All India Council for Technical Education" means All India
Council for Technical Education established under the All India Council for
Technical Education Act, 1987 (Central Act 52 of 1987);
(aa) ‘Bar Council of India’ means the Bar Council of India constituted
under the Advocates Act, 1961 (Central Act 25 of 1961);*
(ab)‘campus’ means that area of the university in which it is established;”;*
(b) "Council of Scientific and Industrial Research" means the Council of
Scientific and Industrial Research, New Delhi, an agency of the Central
Government;
(c) "Department of Science and Technology" means the Department of
Science and Technology of the Central Government;
(d) Omitted*
(e) Omitted*
(f) ‘employee’ means a person appointed by the university and includes a
teacher, officer and any other staff of the university;*
(fa) ‘existing private university’ mea ns a university which has been
established under the Haryana Private Universities Act, 2006 (32 of 2006)
before the notification of the Haryana Private Universities (Amendment)
Act, 2012;*
(fb) ‘faculty’ means a group of academic departments of similar
disciplines;”;*
(g) "fee" means collection made by the university from the students by
whatever name it may be called, which is not refundable;
(h) "Government" means the Government of the State of Haryana;
(i) "higher education" means study of a curriculum or course for the
pursuit of knowledge beyond 10+2 level;
(j) ‘hostel’ means a place of residence of the students of the
university;*
(k) "Indian Council of Agriculture Research" means the Indian Council
of Agriculture Research, a society registered under the S ocieties
Registration Act, 1860 (Central Act 21 of 1860);
(ka) ‘Indian Nursing Council’ means an autonomous body constituted
under section 3 of the Indian Nursing Council Act, 1947 (48 of 1947);*
(l) "Medical Council of India" means Medical Council of
India, Delhi;
(m) ‘National Assessment and Accreditation Council’ means National
Assessment and Accreditation Council, Bangalore, an autonomous
institution of the University Grants Commission;*
(ma) ‘National Board of Accreditation’ means National Boa rd of
Accreditation, New Delhi, an autonomous body of All India Council for
Technical Education;*
(n) “National Council for Teacher Education” means the
“National Council for Teacher Education, Delhi;”;*
(o) and (p) omiited.*
“(q) ‘Pharmacy Council of India’ means Pharmacy Council of India,
Delhi;”;*
(r ) "prescribed" means prescribed by rules made under this Act;
“(s) ‘regulating body’ means a body established by the Government of
India for laying down norms and conditions for ensuring academic
standards of higher education, such as University Grants
Commission, All India Council for Technical Education, National
Council for Teacher Education, Medical Council of India, Bar
Council of India, Pharmacy Council of India, National Assessment
and Accreditat ion Council, Indian Council of Agriculture Research,
National Board of Accreditation, Indian Nursing Council, Council of
Scientific and Industrial Research etc. and includes the Government
or any such body constituted by Government of India or the
Government;”;*
“(t) ‘Rules’ means the rules made by the Government under this Act;”;
(u) “Schedule” means Schedule appended to this Act;
(v) "sponsoring body" in relation to a university means-
(i) a society registered under the Societies Registration Act, 1860
(Central Act 21 of 1860) ; or
(ii) any public trust; or
(iii) a company registered under section 25 of the Companies Act,
1956(Central Act 1 of 1956);
(w) "Statutes", "Ordinances" and "Regulations" mean respectively, the
Statutes, Ordinances and Regulations of the university made under
this Act;
(x) "student of the university" means a person enrolled in the university
for taking a course of study for a degree, diploma or other academic
distinction duly instituted by the university, including a research
degree;
(y) omitted;*
“(z) ‘teacher’ means a Professor, Associate Professor, Assistant Professor
or any other person required to impart education or guide research
or render guidance in any other form to the students for pursuing a
course or programme of study of the university;”.*
(za) "university" means a university incorporated by law in India; and
(zb) "University Grants Commission" means the University Grants
Commission, established under the University Grants Commission
Act, 1956 (Central Act 3 of 1956).
Objects of university. 3. Following shall be the objects of the university, namely: -
(1) to provide instructions, teaching and training in higher education
and make provisions for research, advancement and dissemination
of knowledge;
(2) to create higher levels of intellectual abilities;
(3) to establish state of the art facilities for education and training;
(4) to carry out teaching and research and offer continuing education
programmes;
(5) to create centres of excellence for research and development and for
sharing knowledge and its application;
(6) to establish a campus;;*
(7) omitted;*
(8) to institute degrees, diplomas, certificates and other academic
distinctions on the basis of examination, or any such other method;
“(9) to maintain the academic standard of degrees, diplomas, certificates
and other academic distinctions as per bye -laws and to ensure that
the same are not lower than those laid down by the regulating
body;”*
Clauses (10), (11) and (12) have been omitted*
(13) to pursue any other objective as may be approved by the Government.
Submission of
proposal for
establishment of
university and its
evaluation.
4. (1) An application containing the proposal and the project report to establish
a university by a private sector shall be made by the sponsoring body to the
Government, along with such fee , as may be prescribed. At the time of submission
of application the sponsoring body shall fulfill the condition regarding possession of
land as per provision laid down in section 9.#
Provided that t he university excluding existing private university shall
offer minimum three faculties at its commencement and shall provide instructions
upto the level of Ph.D. in a period of three years in any of the three faculties in
which it is imparting degree i.e. Humanities, Languages, Medicines, Commerce,
Science, Engineering, Information Technology, Law, Agriculture and Allied
Sciences, Management (Business, Hotel, Hospitality, Tourism etc.), Bio -Tech,
Media a nd Mass Communication etc. with due permission from the relevant
regulating bodies:*
Provided further that if a sponsoring body intends to set up Health and
Medical Sciences University, it shall not be mandatory to offer minimum three
faculties.*
(2) The project report shall contain the following particulars, namely: -
(a) the details of the sponsoring body along with the copies of its
registration certificate, constitution and bye-laws;
(b) the information regarding financial resources of the sponsoring
body along with audited accounts for the last five years;
(c) the name, location and headquarters of the proposed university;
(d) the objectives of the university;
(e) the availability of land and details of buildings and infrastructure
facilities, if already existing;
(f) availability of academic facilities including teaching and non teaching
staff, if any, at the disposal of sponsoring body;
(g) the details of plans for campus development such as construction of
buildings, development of s tructural amenities and infrastructure
facilities and procurement of equipment etc. to be undertaken before
the university starts functioning and phased programme for first five
years;
(h) the phased outlays of capital expenditure proposed for the next fi ve
years and its sources of finance;
(i) the nature and the type of programmes of study and research proposed
to be undertaken by the university and their relevance to the
development goals and employment needs of the State and phasing of
such programmes over the first five years with course -wise enrolment
targets;
(j) the experience and expertise in the concerned disciplines at the
command of the sponsoring body;
(k) the nature of facilities, courses of study and research proposed to be
started;
(l) the es timated recurring expenditure, course - wise or activity -
wise, sources of finance and estimated expenditure per student;
(m) the scheme for mobilizing resources and the cost of capital thereto and
the manner of repayment to such sources;
(n) the scheme for the generation of funds internally through the recovery
of fee from students, revenues anticipated from consultancy services
and other activities relating to the objects of the university and other
anticipated incomes;
(o) the proposed fee structure wi th reference to the details of expenditure
on unit cost and the extent of concessions or rebates in fee or free -
ships and scholarships to the poor students from economically poor or
socially backward families including Scheduled Castes, Other
Backward Classes and handicapped students;
(p) the system proposed to be followed for selection of students for
admission to the courses of study at the university;
(q) the system proposed to be followed for appointment of teachers and
other employees in the university;
(r) omitted;*
(s) whether the university proposes to undertake some programmes related
to local needs. If so, the nature of specialized teaching, training or
research activities to be undertaken by the university so as to fulfil this
objective;
(t) whether the university proposes to start some programmes for
the benefit of farmers, women and industries . If so, details
thereof may be given;
(u) details of play grounds and other facilities available or proposed
to be created for games and sports and ext ra-curricular activities
like National Cadet Corps, National Service Scheme, Scouts and
Guides etc;
(v) the arrangements proposed to be made for academic auditing;
(w) justification regarding the necessity of establishment of the proposed
university;
(x) commitment to follow the norms of the regulating bodies;
(y) such other details as the sponsoring body may like to give; and
(z) such other details as may be prescribed.
(3) The Government, on receipt of the proposal and the project report f or
establishment of a university, shall constitute a committee consisting of such
members as may be specified by it, out of whom at least one shall be an expert, to
examine the proposal and the project report.
Explanation. - In this sub -section the expre ssion “expert” means an
academician of prominence in the respective field of higher education.
(4) The committee shall consider the proposal and the project report on the
following grounds, namely: -
(a) financial soundness and assets of the sponsoring body and its ability to set
up the infrastructure of the proposed university, manner of generation of
funds to be raised by the proposed university before its operations. The
sponsoring body shall give the detailed information in this regard as per the
format given in the bye -laws framed under this Act at the time of
application;*
(b) back ground of the sponsoring body, that is to say, its expertise and
experience in the field of education, its general reputation etc. and its
commitment to follow the norms of the regulating bodies;
(c) potentiality of the courses proposed to be offered, that is to say whether the
courses are able to develop the human resources as per the requirements of
contemporary demands, and whether the courses have new features and
include emerging branches of learning.
(5) The committee, while considering the proposal and the project
report under sub - section (4), may call for such other information from the
sponsoring body as it thinks proper for the purpose.
(6) The committee shall submit its report to the Government within a
period of six months from the date of its constitution:
Provided that while computing the period of six months, the period
commencing from the date on which requisition for any information under sub -
section (5) is issued and ending on the date on which requisite information is
submitted to the committee shall be excluded.*
Issuance of letter of
intent and compliance
report.
5. (1) After the receipt of the report of the committee constituted under
sub-section (3) of section 4, if the Government is satisfied that it is advisable
to establish the university, it may issue a letter of intent and ask the
sponsoring body to-
(i) establish an endowment fund in accordance with the provisions
of section 11 ;
(ii) construct a minimum of 10,000 square meters of covered area for
administrative and academic purposes;
(iii) provide all the relevant information relating to the first degree and
post-graduate degree/diploma programme including the curriculum
structure, contents, teaching and learning process, examination and
evaluation system and the eligibility criteria for admission of
students to the committee headed by Financial Commissioner and
Principal Secretary to Government, Haryana, Education
Department, Chandigarh in which Director, Higher Education,
Haryana, Dean, Academic Affairs, Kurukshetra University,
Kurukshetra and Dean, Academic Affairs, Maharshi Dayanand
University, Rohtak shall be the members. On detailed examination
of the information made available the comm ittee shall inform the
sponsoring body about any short comings in respect of conformity
to relevant regulations for rectification. The university shall offer the
programme only after necessary rectification and approval from the
committee;
(iv) purchase books a nd journals of at least ten lac rupees or as per the
norms of regulating bodies, whichever is higher, and give an
undertaking to invest, within the first three years, not less than fifty
lac rupees or as per the norms of regulating bodies, whichever is
higher, on books, journals, computers, library networking and other
facilities so as to make the library facilities adequate for
contemporary teaching and research;
(v) purchase equipments, computers, furniture, other moveable and
immoveable assets and infrastructure facilities (other than buildings,
referred to in clause (ii) above) worth twenty lac rupees or as per the
norms of regulating bodies, whichever is higher, and give an
undertaking to procure within the first five years equipments,
computers, furniture, other moveable and immoveable assets and
infrastructure facilities (other than buildings, referred to in clause (ii)
above) worth not less than one crore rupees or as per the norms of
regulating bodies, whichever is higher;
(vi) give undertaking to appoint at least one Professor, two Associate
Professors and adequate number of Assistant Professors alongwith
necessary supporting staff in each department or discipline to be
started by the university;*
(vi-a) maintain objectivity, fairness and transpa rency in the recruitment of
teachers of the proposed university with qualification not less than
those prescribed by the University Grants Commission or other
regulating bodies;*
(vii) give undertaking to take up co -curricular activities like seminars,
debates, quiz programmes and extra -curricular activities like games,
sports, National Service Scheme, National Cadet Corps etc. for the
benefit of students as per the norms laid down by the regulating
bodies;
(viii) give undertaking for establishment of provident fund and to take up
welfare programmes for the employees of the university; and
(ix) fulfill such other conditions and provide such other information as
may be prescribed by University Grants Commission, All India
Council for Technical Education or any other statutory body
established by Central or State Government;
(x) provide its commitment to prevent all types of ragging in the campus
in accordance with the regulations prescribed by the University
Grants Commission, Government norms and statutory provisions in
this regard, if any.*
(2) The sponsoring body shall fulfill the requirements and
conditions specified in sub -section (1) and shall report the compliance to the
Government within a period of one year from the date of issue of the letter of
intent. On receiving the compliance report, the Government shall appoint a
committee consisting of such members, including the representative of the
regulating bodies, as may be specified, to verify the compliance report. The
committee shall submit its report to the Government within a period of one
month from the date of its constitution specifying whether the sponsoring
body has fulfilled the requirements and conditions as laid down in sub -
section (1).
Provided that Government may further extend the term for a
maximum perio d of one year not exceeding six months at a time if it is
satisfied that the sponsoring body has taken substantial steps towards setting
up of the University.#
(3) If the sponsoring body has failed to comply with the provisions of
sub-section (2), its prop osal submitted under section 4 shall stand rejected and the
letter of intent issued under sub -section (1) of section 5 shall be deemed to have
been withdrawn.
Establishment of
university.
6. The Government, if satisfied, after considering the report submitted under
sub-section (2) of section 5 that the sponsoring body has complied with the
provisions of sub -section (1) of section 5, may, by an Act of the State Legislature,
establish a private university with such name, location, jurisdiction and with such
infrastructure as may be specified in the Schedule.
Incorporation of
university.
7. Every university established by an Act of the State Legislature under
section 6, shall be a body corporat e by the name, as specified in the Act, and shall
have perpetual succession and a common seal. It shall have the power to acquire and
hold property both moveable and immoveable and to make contract, and shall sue,
and be sued by the said name.
University to be self-
financed.
8. The university shall be self-financed and shall not be entitled to receive any
grant or other financial assistance from the Government or any Board or
Corporation owned or controlled by the Government.
Requirement of land. 9. No university shall be established unless the sponsoring body is in
possession of -
(i) a minimum of twenty acres of land outside the municipal limits ; or
(ii) a minimum of ten acres of land within the municipal limits.
Explanation: For the purposes of this section, “possession” means
possession either by way of ownership or as a lessee having perpetual lease
for a minimum period of thirty years.#
No power to affiliate
any college or
institution.
“(10) Bar to affiliation and opening off shore campus etc .-(1) The university
shall not admit any college or institution to the privilege of affiliation.
(2) It shall not open any off campus, off shore campus, study centre
and examination centre in or out of the State of Haryana and shall not offer any
programme through distance education mode.”.*
Endowment fund. 11. “(1) The sponsoring body shall establish an endowment fund for the
university with a minimum amount of five crores rupees which shall be pledged in
the form of Fixed Deposit Receipt in original in favour of the Higher Education
Commissioner, Haryana, Panchkula.*
Note: The provisions of sub -section (1) shall not be applicable to the
existing private university.*
(2) The endowment fund shall be used as a security deposit to ensure that
the university complies with the provisions of this Act, Statutes,
Ordinances, Rules and Bye -laws. The Government shall have the power to
forfeit the whole or part of fund in case the university or the sponsoring
body contravenes any of the provisions of this Act, Statutes, Ordinances,
bye-laws or Rules or use it for meeting the expenditure for academic and
administrative purposes in case of dissolution i n accordance with bye -laws
.”.*
(3) Income from endowment fund may be utilized for the development
of infrastructure of the university but shall not be utilized to meet out the recurring
expenditure of the university.
(4) The amount of endowment fund shall be invested and kept invested
until the dissolution of the university, in long term securities iss ued or guaranteed
by the Government or deposited and kept deposited in an interest bearing personal
deposit account in Government treasury.
(5) In case of investment in a long term security, the certificates of the
security shall be kept in the safe custody of the Government and in case of deposit
in the interest bearing personal deposit account in the Government treasury, the
deposit shall be mad e with the condition that the amount shall not be withdrawn
without the prior permission of the Government.
General fund. 12. Every university shall establish a fund, which shall be called the general
fund to which the following shall be credited, namely:-
(a) fees and other charges received by the university;
(b) any contributions made by the sponsoring body;
(c) any income received from consultancy and other work undertaken
by the university in pursuance of its objectives;
(d) trusts, bequests, donations, endowments and any other grants;
and
(e) all other sums received by the university.
Application of
general fund.
13. The general fund shall be utilized for the following objects, namely:-
(a) for the repayment of debts including interest charges thereto
incurred by the university for the purposes of this Act, the Statutes,
Ordinances, Regulations and Rules;
(b) for upkeep of the assets of the university;
(c) for the payment of the cost of a udit of the funds established under
sections 11 and 12;
(d) for meeting the expenses of any suit or proceedings to which the
university is a party;
(e) for the payment of salaries and allowances of the officers and
employees of the university and members of the teaching and
research staff, and for payment of any provident fund contributions,
gratuity and other benefits to any such officers and employees, and
members of the teaching and research staff;
(f) for the payment of travelling and other al lowances of the members
of the Governing Body, the Board of Management, the Academic
Council and other authorities so declared under the Statutes of the
university and of the members of any committee appointed by any
of the authorities or by the Chairperso n of the sponsoring body or
the Vice -Chancellor, as the case may be, of the university in
pursuance of any provision of this Act, Statutes, Ordinances,
Regulations or Rules;
(g) for the payment of fellowships, freeships, scholarships,
assistantships and other awards to students belonging to
economically weaker sections of the society or research associates
or trainees, as the case may be, or to any student otherwise eligible
for such awards under the Statutes, Ordinances, Regulations or
Rules;
(h) for the payment of any expenses incurred by the university in
carrying out the provisions of this Act, Statutes, Ordinances,
Regulations or Rules;
(i) for the payment of cost of capital, not exceeding the prevailing bank
rate of interest, incurred by the spo nsoring body for setting up the
university and the investments made therefor;
(j) for the payment of charges and expenditure relating to the
consultancy work undertaken by the university in pursuance of the
provisions of this Act, Statutes, Ordinances, R egulations or Rules;
and
(k) for the payment of any other expenses including service fee payable
to any organization charged with the responsibility of providing any
specific service, including the managerial services to the university,
on behalf of the sponsoring body, as approved by the Board of
Management to be an expense for the purposes of the university:
Provided that no expenditure shall be incurred by the university in
excess of the limits for total recurring expenditure and total non -recurring
expenditure for the year, as may be fixed by the Board of Management,
without the prior approval of the Board of Management:
Provided further that the general fund shall, for the objects specified under
clause (a), be applied with the prior approval of the Governing Body of the
university.
Officers. 14. The following shall be the officers of the university, namely:-
(1) the Visitor;
(2) the Chancellor;
(3) the Vice-Chancellor;
(4) the Registrar;
(4A) the Controller of Examinations;*
(5) the Chief Finance and Accounts Officer;
(6) such other officers as may be declared by the Statutes to be the
officers of the university.
Powers of Visitor. 15. (1) The Governor of Haryana shall be the Visitor of the university.
(2) The Visitor shall have the following powers, namely:-
(a) when present, he shall preside over the convocation of the
university for conferring degrees and diplomas ;
(b) to call for any paper or information relating to the affairs of the
university; and
(c) on the basis of the information received under clause (b), if he is
satisfied that any order, proceeding, or decision taken by any
authority of the university is not in conformity with the provisions
of this Act, Statutes, Ordinances, Regulations or Rules, he may
issue such directions as he may deem fit in the interest of the
university and the directions so issued shall be complied with by
the university.
Appointment,
functions and powers
of Chancellor.
16. (1) The Chancellor shall be appointed by the sponsoring body for a
period of three years with the approval of the Visitor by following such procedure
and on such terms and conditions as may be prescribed.
(2) The Chancellor shall be the head of the university.
(3) The Chancellor shall preside over the meetings of the Governing
Body and shall, when the Visitor is not present, preside over the convocation of the
university for conferring degrees, diplomas or other academic distinctions.
(4) The Chancellor shall have the following powers, namely:-
(a) to call for any information or record;
(b) to appoint the Vice-Chancellor;
(c) to remove the Vice -Chancellor in accordance with the
provisions of sub-section (7) of section 17; and
(d) such other powers as may be specified by the Statutes.
Appointment,
functions and powers
of Vice-Chancellor.
17. “(1) The Vice -Chancellor shall be appointed by the Chancellor as per
the qualifications prescribed by the University Grants Commission, subject to the
provisions contained in sub -section (7) and shall hold office for a term of three
years:*
Provided that after expiry of the term of three years, the Vice -Chancellor
shall be eligible for re-appointment for another term of three years:
Provided further that a Vice -Chancellor shall continue to hold the office
even after the expiry of his term till new Vice -Chancellor joins. However, in any
case the period shall not exceed one year.”.
(2) The Vice-Chancellor shall be the principal executive and academic
officer of the university and shall exercise general superintendence and control over
the affairs of the university and shall execute the decisions of various authorities of
the university.
(3) In the absence of both the Visitor and the Chancellor, the
Vice-Chancellor shall preside over the convocation of the university.
(4) If, in the opinion of the Vice -Chancellor, it is necessary to take
immediate action on any matter for which powers are conferred on any other
authority by or under this Act, he may take such action as he may deem necessary
and shall at the earliest opportunity thereafter report his action to such officer or
authority as would have in the ordinary course dealt with the matter:
Provided that if in the opinion of the concerned officer or authority such
action should not have been taken by the Vice -Chancellor then such case shall be
referred to the Chancellor, whose decision thereon shall be final:
Provided further that where any such action taken by the Vice -Chancellor
affects any person in the service of the universi ty, such person shall be entitled to
prefer, within three months from the date on which such action is communicated to
him, an appeal to the Board of Management and the Board of Management may
confirm or modify or reverse the action taken by the Vice-Chancellor.
(5) If, in the opinion of the Vice -Chancellor, any decision of any
authority of the university is beyond the scope of the powers conferred by this Act,
Statutes, Ordinances, Regulations or Rules or is likely to be prejudicial to the
interests of th e university, he shall direct the concerned authority to revise its
decision within fifteen days from the date of such direction and in case the authority
refuses to revise such decision wholly or partly or fails to take any decision within
fifteen days, t hen such matter shall be referred to the Chancellor and his decision
thereon shall be final.
(6) The Vice-Chancellor shall exercise such powers and perform such
duties as may be specified by the Statutes or the Ordinances.
(7) If, at any time upon repre sentation made or otherwise and after
making such inquiry as may be deemed necessary, the situation so warrants and if
the continuance of the Vice -Chancellor is not in the interests of the university, the
Chancellor may, by an order in writing stating the reasons therein, ask the Vice -
Chancellor to relinquish his office from such date as may be specified in the order:
Provided that before taking an action under this sub -section, the Vice
chancellor shall be given an opportunity of being heard.
Appointment,
functions and powers
of Registrar
18. (1) The appointment of the Registrar shall be made by the Chairperson of
the sponsoring body in such manner, as may be specified by the Statutes. The
Registrar shall possess the qualifications prescribed by the University Grants
Commission.*
(2) All contracts shall be signed and all documents and records shall be
authenticated by the Registrar on behalf of the university.
(3) The Registrar shall be the Member -Secretary of the
Governing Body, Board of Management and Academic Council but shall not
Appointment and
functions of the
Controller of
Examinations.
have a right to vote.
(4) The Registrar shall exercise such other powers and perform such
other duties as may be specified by the Statutes.
“18A. - (1) The Controller of Examination shall be whole time salaried officer of
the university and shall be appointed by the Ch ancellor in accordance with the
Statutes.
(2) It shall be the duty of the Controller of Examinations,-
(i) to conduct examinations in a disciplined and efficient manner;
(ii) to arrange for the setting of papers with strict regard to secrecy;
(iii) to arrange for the evaluation of answer-sheets in accordance with
the planned time schedule for results;
(iv) to constantly review the system of examinations in order to
enhance the level of impartiality and objectivity with a view to
make it better instrument for assessing the attainments of
students;
(v) to deal with any other matter connected with examinations which
may, from time to time, be assigned to him by the Vice -
Chancellor.”.*
Appointment, powers
and duties of Chief
Finance and
Accounts Officer.
19. (1) The appointment of the Chief Finance and Accounts Officer shall
be made by the Chancellor in such manner as may be specified by the Statutes.
(2) The Chief Finance and Accounts Officer shall exercise such powers
and perform such duties as may be specified by the Statutes.
Appointment,
functions and powers
of other officers.
20. (1) The university may appoint such other officers as may be necessary
for its functioning.
(2) The manner of appointment of other officers of the university and
their powers and functions shall be such as may be specified by the Statutes.
Authorities. 21. The following shall be the authorities of the university, namely: -
(1) the Governing Body;
(2) the Board of Management;
(3) the Academic Council; and
(4) such other authorities as may be declared by the Statutes to be the
authorities of the university.
Constitution and 22. (1) The Governing Body of the university shall consist of the following
powers of Governing
Body.
members, namely: -
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the Secretary to Government, Haryana, Education
Department, or in his absence, Director, Higher Education,
Haryana;
(d) five persons nominated by the sponsoring body out of
whom two shall be eminent educationists;
(e) one expert of management or technology from outside the
university, nominated by the Chancellor; and
(f) one expert of finance, nominated by the Chancellor.
(2) The Governing Body shall be the supreme authority of the
university. All the movable and immovable property of the university shall vest in
the Governing Body. It shall have the following powers, namely:-
(a) to provide general superintendence and directions and to
control the functioning of the universi ty by using all such
powers as are provided by this Act, Statutes, Ordinances,
Regulations or Rules;
(b) to review the decisions of other authorities of the university
in case they are not in conformity with the provisions of
this Act, Statutes, Ordinances, Regulations or Rules;
(c) to approve the budget and annual report of the university;
(d) to lay down the extensive policies to be followed by the
university;
(e) to recommend to the sponsoring body for the dissolution of
the university if a situatio n arises when there is no smooth
functioning of the university in spite of best efforts; and
(f) such other powers as may be specified by the Statutes :
Provided that the Secretary to Government, Haryana, Education
Department or in his absence, Director, Higher Education shall be present in each
meeting in which decisions on issues involving Government policies/ instructions
are to be taken.
(3) The Governing Body shall meet at least three times in a calendar
year.
(4) The quorum for meetings of the Governing Body shall be four.
Constitution,
functions and powers
of Board of
Management.
23. (1) The Board of Management shall consist of the following members,
namely :-
(a) the Vice-Chancellor ;
(b) the Secretary to Government, Haryana, Education
Department, or in his absence, Director, Higher Education,
Haryana;
(c) two members of the Governing Body, nominated by the
sponsoring body;
(d) three persons, who are not th e members of the Governing
Body, nominated by the sponsoring body;
(e) three persons from amongst the teachers, nominated by the
sponsoring body; and
(f) two teachers, nominated by the Vice-Chancellor.
(2) The Vice -Chancellor shall be the Chairperson of the Boa rd of
Management.
(3) The powers and functions of the Board of Management shall be
such as may be specified by the Statutes.
(4) The Board of Management shall meet once in every two months.
(5) The quorum for the meetings of the Board of Management
shall be five:
Provided that the Secretary to Government, Haryana, Education
Department, or in his absence, Director, Higher Education, Haryana, shall be
present in each meeting in which decisions on issues involving Government
policies/instructions are to be taken.
Constitution and
functions of
Academic Council.
24. (1) The Academic Council shall consist of the Vice -Chancellor and
such other members as may be specified by the Statutes.
(2) The Vice -Chancellor shall be the Chairperson of the
Academic Council.
(3) The Academic Council shall be the principal academic body of the
university and shall, subject to the provisions of this Act, Statutes, Ordinances,
Regulations or Rules, co -ordinate and exercise general supervision over the
academic policies of the university.
(4) The quorum for meetings of the Academic Council shall be such as
may be specified by the Statutes.
Composition,
constitution, powers
and functions of
other authorities.
25. The composition, constitution, powers and functions of other authorities of
the university shall be such as may be specified by the Statutes.
Disqualification for
membership of an
authority or body.
26. A person shall be disqualified for being a member of any of the authorities
or bodies of the university, if he-
(a) is of unsound mind and stands so declared by a competent court;
(b) is an undischarged insolvent;
(c) has been convicted of any offence involving moral turpitude;
(d) is conducting or engaging himself in private coaching classes; or
(e) has been punished for indulging in or promoting unfair practice in
the conduct of any examination, in any form, anywhere.
Vacancies not to
invalidate
proceedings of any
authority or body of a
university.
27. No act or proceeding of any authority or body of the university shall be
invalid merely by reason of any vacancy or defect in the constitution thereof.
Filling up of
emergent vacancy.
28. Any vacancy which may occur in the membership of the authorities or
bodies of the university due to death, resignation or removal of a member or due to
change of capacity in which he was appointed or nominated, shall be filled up as
early as possible by th e person or the body who had appointed or nominated such a
member:
Provided that the person appointed or nominated as a member of an
authority or body of the university on an emergent vacancy, shall remain a member
of such authority or body only for the u nexpired tenure of the member, in whose
place he is appointed or nominated.
Committees. 29. The authorities or officers of the university may constitute such committees
with such terms of reference as may be necessary for specific tasks to be performed
by such committees. The constitution of such committees and their duties shall be
such as may be specified by the Statutes.
First Statute. 30. (1) Subject to the provisions of this Act and the Rules, the First Statute
of the university 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 terms and conditions of appointment of the Chancellor
and the Vice-Chancellor and their powers and functions;
(c) the manner, terms and conditions of appo intment of the
Registrar and Chief Finance and Accounts Officer and their
powers and functions;
(d) the manner, terms and conditions of appointment of other
officers and teachers and their powers and functions;
(e) the terms and conditions of service of employees of the
university;
(f) the procedure for arbitration in case of disputes between
officers, teachers, employees and students;
(g) the conferment of honorary degrees or distinction which
shall be subject to the prior approval of the Visitor;
(h) the provisions regarding exemption of students from
payment of tuition fee and for awarding them scholarships
and fellowships;
(i) provisions regarding the policy of admissions, including
regulation of reservation of seats;
(j) provisions regarding fees to be charged from students; and
(k) provisions regarding number of seats in different courses.
(2) The Governing Body shall prepare First Statute of the university and
submit the same to the Government for its approval within a period of one month
after incorporation of the university in the Schedule of the Act.*
(3) The Government shall consider the First Statute submitted by the
university and if any modifications are deemed necessary, the same shall be
conveyed to the university for sending the amended draft and if the amended draft is
found in order, it shall give approval within a period of three months from the date
of its receipt.*
(4) The university shall communicate its agreement to the First Statute
as approved by the Government, and if it desires not to give effect to any or all of
the modifications made by the Government under sub -section (3), it may give
reasons thereof and after considering such reasons, the Government may or may not
accept the suggestions made by the university.
(5) The Government shall publish the First Statute, as finally approved
by it, in the Official Gazette.
Subsequent Statutes. 31. (1) Subject to the provisions of this Act and the Rules, the subsequent
Statutes of the university may provide for all or any of the following matters,
namely:-
(a) creation of new authorities of the university;
(b) accounting policy and financial procedure;
(c) representation of teachers in the authorities of the
university;
(d) creation of new departments and abolition or restructuring
of an existing department;
(e) institution of medals and prizes;
(f) creation of posts and procedure for abolition of posts;
(g) revision of fees;
(h) alteration of the number of seats in different syllabi; and
(i) all other matters which under the provisions of this Act are
to be specified by the Statutes.
(2) The Statutes of the university other than the First Statute, shall be
made by the Board of Management with the approval of the Governing Body.
(3) The Statutes made under sub -section (2) shall be sent to the
Government and the Government may approve them as such or, if it considers
necessary, give suggestions for modifications in them within three months from the
date of receipt of the Statutes.*
(4) The Governing Body shall consider the modifications as suggested
and return the Statutes to the Government with changes made therein or with its
comments on the suggestions made by the Government.
(5) The Government shall consider the changes or th e comments of the
Governing Body and shall approve the Statutes with or without modifications and
then the Statutes as finally approved by the Government shall be published by
Government in the Official Gazette.
First Ordinance. 32. (1) Subject to the provisions of this Act, the Statutes, the Regulations
or the Rules, the First Ordinance may provide for all or any of the following
matters, namely:-
(a) the admission of students to the university and their
enrolment as such;
(b) the courses of study to be laid down for the degrees,
diplomas and certificates of the university;
(c) the award of the degrees, diplomas, certificates and other
academic distinctions, the minimum qualifications for the
same and the means to be taken relating to the granting an d
obtaining of the same;
(d) the conditions for award of fellowships, scholarships,
stipends, medals and prizes;
(e) the conduct of examinations, including the term of office
and manner of appointment and the duties of examining
bodies, examiners and moderators;
(f) fees to be charged for the various courses, examinations,
degrees and diplomas of the university;
(g) the conditions of residence of the students of the university;
(h) provisions regarding disciplinary action against the
students;
(i) the creation, composition and functions of any other body
which is considered necessary for improving the academic
life of the university;
(j) the manner of co -operation and collaboration with other
universities and institutions of higher education;
(k) all other matters which by this Act or Statutes are required
to be provided for by the Ordinances.
(2) The First Ordinance of the university shall be made by the Vice -
Chancellor which after being approved by the Board of Management, shall be
submitted to the Government for its approval.
(3) Excerpt shown. Open the full act in Lexace.