LexThe Indus International University (Establishment and Regulation) Act, 2009
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE INDUS INTERNATIONAL UNIVERSITY
(ESTABLISHMENT AND REGULATION) ACT, 2009
ARRANGEMENT OF SECTIONS
Sections:
1. Short title and commencement.
2. Definitions.
3. The objects of the University.
4. Incorporation.
5. Powers and functions of the University.
6. University to be self-financed.
7. No power of affiliation.
8. Endowment Fund.
9. General Fund.
10. Application of General Fund.
11. Officers of the University.
12. The Chancellor.
13. The Vice- Chancellor.
14. The Registrar.
15. The Chief Finance and Accounts Officer.
16. Other officers.
17. Authorities of the University.
18. The Governing Body.
19. The Board of Management.
20. The Academic Council.
21. Other authorities.
22. Disqualifications.
23. Vacancies not to invalidate the proceedings of any authority
or body of the University.
24. Filing of casual vacancies.
25. Committees.
26. The first statutes.
2 THE INDUS INTERNATIONAL UNIVERSITY (ESTABLISHMENT AND
REGULATION) ACT, 2009
27. The subsequent statutes.
28. The first ordinances.
29. The subsequent ordinances.
30. Regulations.
31. Admissions.
32. Fee structure.
33. Examinations.
34. Declaration of results.
35. Convocation.
36. Accreditation of the University.
37. University to follow rules, regulations, norms etc. of the
regulating bodies.
38. Annual report.
39. Annual accounts and audit.
40. Powers of the Government to inspect the University.
41. Dissolution of the University by the sponsoring body.
42. Special powers of the Government in certain circumstances.
43. Power to make rules.
44. Power to remove difficulties.
45. Repeal of Ordinance No. 2 of 2009 and savings.
__________
THE INDUS INTERNATIONAL UNIVERSITY
(ESTABLISHMENTAND REGULATION) ACT, 2009
(ACT NO. 1 of 2010)1
(Received the assent of the Governor on the 28th January, 2010 and was
published in Hindi in the Rajpatra, Himachal Pradesh , dated 2nd February,
2010, pp. 6471--6529).
An Act to provide for establishment, incorporation and regulation of
Indus International University in the State for higher education
and to regulate its functioning and for matters connected
therewith or incidental thereto.
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh, dated 19 th December, 2009, pp.
5823 and 5841-5842.
THE INDUS INTERNATIONAL UNIVERSITY (ESTABLISHMENT AND 3
REGULATION) ACT, 2009
Amended, repealed or otherwise affect by,-
(i) H.P. Act No. 20 of 20111 assented to by the Governor on 31st
January, 2011, published in the Rajpatra, Himachal Pradesh
both in Hindi and English , dated 5th February, 2011, pp.
8778-8781.
(ii) H.P. Act No. 25 of 20122 assented to by the Governor on 3 rd
May, 2012, published both in Hindi and English in the
Rajpatra, Himachal Pradesh , dated the 8th May, 2012 , pp.
953-959.
(iii) H.P. Act No. 11 of 20133 assented to by the Governor on 5th
January, 2013, published both in Hindi and English in the
Rajpatra, Himachal Pradesh, dated the 15th January, 2013, pp.
5911-5913, effective from 22nd October, 2009.
(iv) H.P. Act No. 38 of 20134 assented to by the Governor on 24 th
May, 2013, published both in Hindi and English in the
Rajpatra, Himachal Pradesh , dated 5 th June, 2013 , pp 1463-
1464, effective from 22nd October, 2009.
(v) H.P. Act No. 10 of 20255 assented to by the Governor on 2 7th
January, 2025 , published both in Hindi and English in the
Rajpatra, Himachal Pradesh , dated 1th February, 2025 , pp
12702-12704.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Sixtieth Year of the Republic of India as follows:-
1. Short title and commencement .- (1) This Act may be called the
Indus International University (Establishment and Regulation) Act, 2009.
(2) It shall be deemed to have come into force on 22nd day of October,
2009.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “Board of Management” means the Board of Management
constituted under section 19 of this Act;
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh , dated 2 0th
December, 2010, pp. 7466 and 7469.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha . For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh , dated 9th April,
2012, pp. 357 and 360-361.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh , dated 29th August,
2012, pp. 3149 and 3151.
4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh , dated 5 th April,
2013, pp. 136 and 137-138.
5. Passed in Hindi by the Himachal Pradesh Vidhan Sabha . For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh , dated 11 th
September, 2024, pp. 5745 and 5747.
4 THE INDUS INTERNATIONAL UNIVERSITY (ESTABLISHMENT AND
REGULATION) ACT, 2009
(b) “campus” means the area of University within which it is
established;
(c) “distance education” means education imparted by
combination of any two or more means of communication,
viz. broadcasting, telecasting, correspondence courses,
seminars, contact program mes and any other such
methodology;
(d) “employee” means any person appointed by the University
and includes teachers and other staff of the University;
(e) “fee” means monetary collection made by the University or
its colleges, institutions or study cent ers, as the case may be,
from the students by whatever name it may be called, which
is not refundable;
(f) “Government” or “State Government” means the Government
of Himachal Pradesh;
(g) “Governing Body” means the Governing Body constituted
under section 18 of this Act;
(h) “higher education” means study of a curriculum or course for
the pursuit of knowledge beyond 10+2 level;
(i) “hostel” means a place of residence for the students of the
University, or its colleges, institutions and study centres,
established or recognized to be as such by the University;
(j) “notification” means a notification published in the Official
Gazette;
(k) “off campus centre” means a centre of the University
established by it outside the main campus operated and
maintained as its constituent unit, having the University‟s
complement of facilities, faculty and staff;
(l) “Official Gazette” means the Rajpatra, Himachal Pradesh;
(m) “prescribed” means prescribed by rules made under this Act;
(n) “regulating body” means a body established by the Central
Government for laying down norms and conditions for
ensuring academic standards of higher education, such as
University Grants Commission, All India Council of
Technical Education, National Council of Teacher Education,
Medical Council of India, Pharmaceutical Council of India,
National Council of Assessment and Accreditation, Indian
Council of Agriculture Research, Distance Education
Council, Council of Scientific and Industrial Research 1[, the
1. Inserted vide H.P. Act No. 25 of 2012.
THE INDUS INTERNATIONAL UNIVERSITY (ESTABLISHMENT AND 5
REGULATION) ACT, 2009
Himachal Pradesh Private Educational Institutions Regulatory
Commission] etc. and includes the Government;
(o) “section” means a section of this Act;
1[(p) “sponsoring body” means the Kartha Education Society,
Mumbai, registered under the Societies Registrat ion Act,
1860 and includes its subsidiary branch of Society to be
registered in Himachal Pradesh within a period of six months
from the date of commencement of the Indus International
University (Establishment and Regulation) Amendment Act,
2010;]
(q) “State” means State of Himachal Pradesh;
(r) “statutes”, “ordinances” and “regulations” mean respectively,
the statutes, ordinances and regulations of the University
made under this Act;
(s) “student” means a person enrolled in the University for
taking a course of study for a degree, diploma or other
academic distinction instituted by the University, including a
research degree;
(t) “study centre” means a centre established and maintained or
recognized by the University for the purpose of advising,
counselling or for rendering any other assistance required by
the students in the context of distance education;
(u) “teacher” means a Professor, Reader, Lecturer or any other
person required to impart education or to guide research or to
render guidance in any form to the students for pursuing a
course of study of the University; and
(v) “University” means Indus International University, Una,
Himachal Pradesh.
2[(w) “Regulatory Commission” means the Himachal Pradesh
Private Educational Institutions Regulatory Commission,
established under section 3 of the Himachal Pradesh Private
Educational Institutions (Regulatory Commission) Act, 2010
(Act No. 15 of 2011).]
3. The objects of the University.- The objects of the University shall
include,-
(a) to provide instructions, teaching and training in higher
education with a view to create higher levels of intellectual
abilities;
(b) to establish facilities for education and training;
1. Clause (p) substituted vide H.P. Act No. 20 of 2011.
2. Clause (w) inserted vide H.P. Act No. 25 of 2012.
6 THE INDUS INTERNATIONAL UNIVERSITY (ESTABLISHMENT AND
REGULATION) ACT, 2009
(c) to carry out teaching, research and offer continuing education
programmes;
(d) to create centres of excellence for research and development
relevant to the needs of the State and for sharing knowledge
and its application;
(e) to establish campus in the State;
(f) to establish examination centres;
(g) to institute degrees, diplomas, certificates and other academic
distinctions on the basis of examination or any such other
method; while doing so, the University shall ensure that the
standards of degrees, diplomas, certificates and other
academic distinctions are not lower than t hose laid down by
regulating bodies; and
(h) to set up off campus centres, subject to applicable rules or
regulations;
1[(i) to engage in areas of specialization with proven ability to
make distinctive contributions to the objectives of the
University education system that is academic engagement
clearly distinguishable from programmes of an ordinary
nature that lead to conventional degrees in arts, science,
engineering, medicine, dental, pharmacy, management, etc.
routinely offered by conventional institutions; and
(j) to establish broad -based and viable under graduate, post
graduate and research programmes in several disciplines with
firm interdisciplinary orientation and linkages.]
2[(k) to make the University functional within one year from the
date of commencement of this Act.]
4. Incorporation.- (1) The first Chancellor and the first Vice -
Chancellor of the University and the first members of the Governing body,
Board of Management and the Academic Council and all persons who may
hereafter become such officers or members, so long as they continue to hold
such office or membership, are hereby constituted a body corporate by the
name of Indus International University, Una, Himachal Pradesh.
(2) The University shall have perpetual succession and a common seal
and shall sue and be sued by the said name.
(3) The University shall situate and have its head quarter at Bathu,
Sub-Tehsil Haroli, District Una, Himachal Pradesh.
1. Clauses (i) and (j) inserted vide H.P. Act No. 25 of 2012.
2. Clause (k) inserted vide H.P. Act No. 11 of 2013, effective from 22nd October,
2009.
THE INDUS INTERNATIONAL UNIVERSITY (ESTABLISHMENT AND 7
REGULATION) ACT, 2009
5. Powers and functions of the University.- (1) The University shall
have the following powers and functions, namely:-
(i) to provide for instructions 1[XXXXXXXXXXXXXXXX]
in such branches of learning as the University may, from
time to time, determine, and to make provision for
research and for advancement and dissemination of
knowledge and for extension of education;
(ii) to conduct innovative experiments in modern methods
and technologies in the field of technical education in
order to maintain international standards of such
education, training and research;
(iii) to organize and to und ertake extra -mural teaching and
extension services;
(iv) to hold examinations and grant diplomas and certificates
to and confer degrees and other academic distinctions on
persons, subject to recognition by any statutory body
under any law, if required, and to withdraw any such
diplomas, certificates, degrees or other academic
distinctions for good and sufficient cause;
2[(v) the sponsoring body/university shall appoint full
time regular employees for the university and the
salary of the employees shall be deposited in the
bank account of the employees every month;]
(vi) to create such teaching, administrative and other posts as
the University may deem necessary, from time to time,
and make appointments thereto;
(vii) to institute and award Fellowships, St udentships and
Prizes;
(viii) to establish and maintain Hostel including Halls;
recognise, guide, supervise and control Hostels including
Halls not maintained by the University and other
accommodation for the residence of the students, and to
withdraw any such recognition;
(ix) to regulate and enforce discipline among students and
employees of the University and to take such disciplinary
measures as may be deemed necessary;
(x) to make arrangements for promoting health and general
welfare of the students and the employees of the
University and of the Colleges;
1. The words “including the method of distant education” omitted vide H.P.
Act No. 20 of 2011.
2. Clause (v) substituted vide H.P. Act No. 20 of 2011.
8 THE INDUS INTERNATIONAL UNIVERSITY (ESTABLISHMENT AND
REGULATION) ACT, 2009
(xi) to determine the criterion for admission in the University
or its Colleges;
(xii) to recognize for any purpose, either in whole or in part,
any institution or members or students thereof on s uch
terms and conditions as may, from time to time, be
specified and to withdraw such recognition;
(xiii) to develop and maintain twinning arrangement with
centers of excellence in modern advanced technology in
the developed countries for higher education training and
research, including distance education subject to the
University Grants Commission Act, 1956 and the
regulations made thereunder;
(xiv) to co -operate with any other University, authority or
association or any public body having purposes and
objects similar to those of the University for such
purposes as may be agreed upon, on such terms and
conditions as may, from time to time, be specified by the
University;
(xv) to co -operate with other National and International
Institutions in the condu ct of research and higher
education subject to the University Grants Commission
Act, 1956 and the regulations made thereunder;
(xvi) to deal with property belonging to or vested in the
University in any manner which is considered necessary
for promoting the objects of the University;
(xvii) to enter into any agreement for the incorporation in the
University of any institution and for taking over its rights,
properties and liabilities and for any other purpose not
repugnant to this Act;
(xviii) to demand and receive payment of such fees and other
charges as may be specified from time to time;
(xix) to receive donations and grants 1[except from parents and
students] and to acquire, hold, manage and dispose of any
property, movable or immovable, including t rust or
endowed property within or outside Himachal Pradesh for
the purposes and objects of the University, and to invest
funds in such manner as the University thinks fit;
(xx) to make provisions for research and advisory services and
for that purpose to enter into such arrangements with
other institutions or bodies as the University may deem
necessary;
1. Inserted vide H.P. Act No. 20 of 2011.
THE INDUS INTERNATIONAL UNIVERSITY (ESTABLISHMENT AND 9
REGULATION) ACT, 2009
(xxi) to provide for the printing, reproduction and publication
of research and other work, including text books, which
may be issued by the University;
(xxii) to accord recognition to institutions and examinations for
admission into the University;
(xxiii) to do all such other things as may be necessary, incidental
or conducive to the attainment of all or any of the objects
of the University;
(xxiv) to frame statutes, ordinances and regulations for carrying
out the objects of the University in accordance with the
provisions of the Act;
(xxv) to provide for dual degrees, diplomas or certificates vis-à-
vis other Universities on reciprocal basis within an d
outside the country;
(xxvi) to make provisions for integrated courses in different
disciplines in the educational programmes of the
University;
1[(xxvii) to set -up colleges, institutions, off -campus centres, off -
shore campus, study centres or to start distance education,
after fulfilling the norms and regulations of the Central
Government Regulatory Bodies and Central Government,
issued from time to time, and after obtaining the specific
approval of the State Government;]
(xxviii) to seek collaboration with other institutions on mutually
acceptable terms and conditions.
(2) In pursuit of its objects and in exercise of its powers and in
performing of its functions, the University shall not discriminate between any
person, whosoever, on the b asis of caste, class, colour, creed, sex, religion or
race.
6. University to be self -financed.- The University shall be self -
financed and it shall not be entitled to receive any grant or other financial
assistance from the Government.
7. No power of affiliation.- The University shall have no power to
affiliate or otherwise admit to its privileges any other institution.
8. Endowment Fund .- (1) The sponsoring body shall establish an
Endowment Fund for the University with an amount of three crore rupees
which shall be pledged to the Government.
(2) The Endowment Fund shall be kept as security deposit to ensure
strict compliance of the provisions of this Act, rules, regulations, statutes or
ordinances made thereunder.
1. Clause (xxvii) substituted vide H.P. Act No. 20 of 2011.
10 THE INDUS INTERNATIONAL UNIVERSITY (ESTABLISHMENT AND
REGULATION) ACT, 2009
(3) The Government shall have the powers to forfeit, in the prescribed
manner, a part or whole of the Endowment Fund in case the University or the
sponsoring body contravenes any of the provisions of this Act, rules, statutes,
ordinances or regulations made thereunder.
(4) Income from Endowmen t Fund shall be utilized for the
development of infrastructure of the University but shall not be utilized to
meet out the recurring expenditure of the University.
(5) The amount of Endowment Fund shall be kept invested, until the
dissolution of the Univer sity, by way of Fixed Deposit Accounts in any
Scheduled Bank subject to the condition that this fund shall not be withdrawn
without the permission of the Government.
9. General Fund.- University shall establish a fund, which shall be
called the General Fund to which following shall be credited, namely:-
(a) fees and other charges received by the University;
(b) any contribution made by the sponsoring body;
(c) any income received from consultancy and other works
undertaken by the University;
(d) bequests, donations , 1[except from parents and students ,]
endowments and any other grants; and
(e) all other sums received by the University.
10. Application of General Fund .- The General Fund shall be
utilized for the following purposes, namely:-
(a) for the p ayment of salaries and allowances of the 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 such officers and employees;
(b) for the expenses to b e incurred by the University for services
availed including services like electricity, telephone etc.;
(c) for the payment of taxes or local levies wherever applicable;
(d) for up keeping of the assets of the University;
(e) for the payment of debts inc luding interest charges thereto
incurred by the University;
(f) for the payment of travelling and other allowances to the
members of the Governing Body, the Board of Management
and the Academic Council etc.;
(g) for the payment of fellowships, freeships, scholarships,
assistantships and other awards to students belonging to
economically weaker sections of the society or research
1. Inserted vide H.P. Act No. 20 of 2011.
THE INDUS INTERNATIONAL UNIVERSITY (ESTABLISHMENT AND 11
REGULATION) ACT, 2009
associates or trainees, as the case may be, or to any student
otherwise eligible for such awards under the statutes,
ordinances, regulations or rules made under this Act;
(h) for the payment of the cost of audit of the funds created under
sections 8 and 9 of this Act;
(i) for the meeting of expenses of any suit or proceedings to
which University is a party;
(j) for the purpose of movable and immovable assets;
(k) for the payment of any expenses incurred by the University in
carrying out the provisions of this Act or the statutes,
ordinances, regulations or rules made thereunder; and
(l) for the payment of any other expenses 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 ye ar, as may be fixed by the Board of Management,
without its prior approval:
Provided further that the General Fund shall, for the purpose specified
under sub -clause (e), be applied with the prior approval of the Governing
Body:
1[Provided further that no portion of income and property of the
University shall be paid or transferred directly or indirectly, by way of
dividend, bonus or otherwise, howsoever, by way of profit to the
persons who were at any time or are members of the University or to
any of them or any person claiming through them; provided that
nothing herein contained shall prevent the payment in good faith of
remuneration to any member thereof or other person as consideration
for any service rendered to the University or for travelling or othe r
allowances and such other charges.]
11. Officers of the University.- The following shall be the officers of
the University, namely:-
(i) the Chancellor;
(ii) the Vice-Chancellor;
(iii) the Registrar;
(iv) the Chief Finance and Accounts Officer; and
(v) such other persons in the service of the University as may be
declared by the statutes to be the officers of the University.
1. Proviso inserted vide H.P. Act No. 25 of 2012.
12 THE INDUS INTERNATIONAL UNIVERSITY (ESTABLISHMENT AND
REGULATION) ACT, 2009
12. The Chancellor.- (1) The Chancellor shall be appointed by the
sponsoring body for a period of three years, with the approva l of the
Government in such manner and on such terms and conditions as may be
specified by the statutes.
(2) the Chancellor shall be the Head of the University.
(3) The Chancellor shall preside over at the meetings of the
Governing Body and 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 13 of this Act; and
(d) such other powers as may be specified by the statutes.
13. The Vice -Chancellor.- (1) The Vice -Chancellor shall be
appointed by the Chancellor, on such terms and cond itions as may be
specified by statutes, from a panel of three persons recommended by the
Governing Body and shall, subject to the provisions contained in sub -section
(7), hold office for a term of three years:
Provided that after the expiry of the term of three years, a person shall
be eligible for re-appointment for another term of three years:
Provided further that Vice -Chancellor shall continue to hold office
even after expiry of his term till new Vice -Chancellor joins, however, in any
case, this period shall not exceed one year.
(2) The Vice -Chancellor shall be the principal executive and
academic officer of the University and shall have the general superintendence
and control over the affairs of the University and shall execute the decisions
of various authorities of the University.
(3) The Vice -Chancellor shall preside over at the convocation of the
University in the absence of the Chancellor.
(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 deems 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.
(5) If in the opinion of the Vice -Chancellor, any decision of any
authority of the University is outside the powers conferred by this Act or
statutes, ordinances, regulations or rules made thereunder or is likely to be
THE INDUS INTERNATIONAL UNIVERSITY (ESTABLISHMENT AND 13
REGULATION) ACT, 2009
prejudicial to the interests of the University, he shall request the concerned
authority to revise its decision within fifteen days from the date of decision
and in case the authority refuses to revise such decision wholly or partly or
fails to take any decision within fifteen days, then 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 representation made or otherwis e 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 action under this sub -section, the Vice
Chancellor shall be given an opportunity of being heard.
14. The Registrar .- (1) The Registrar shal l be appointed by the
Chancellor in such manner and on such terms and conditions of service as
may be specified by the statutes.
(2) The Registrar shall have power to enter into agreement, contract,
sign documents and authenticate records on behalf of the University and shall
exercise such powers and perform such duties as may be specified by the
statutes.
(3) The Registrar shall be the Member -Secretary of the Governing
Body, Board of Management and Academic Council, but shall not have the
right to vote.
15. The Chief Finance and Accounts Officer .- (1) The Chief
Finance and Accounts Officer shall be appointed by the Chancellor in such
manner and on such terms and conditions of service as may be specified by
the statutes.
(2) The Chief Finance and Accounts Of ficer shall exercise such
powers and perform such duties as may be specified by the statutes.
16. Other officers .- (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.
17. Authorities of the University. - The following shall be the
authorities of the University, namely:-
(i) the Governing Body;
(ii) the Board of Management;
(iii) the Academic Council; and
14 THE INDUS INTERNATIONAL UNIVERSITY (ESTABLISHMENT AND
REGULATION) ACT, 2009
(iv) such other authorities as may be declared by the statutes to be
the authorities of the University.
18. The Governing Body .- (1) The Governing Body of the
University shall consist of the following, namely:-
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) 1[three] persons, nominated by the sponsoring body out of
whom two shall be eminent educationists;
(d) one expert of management or information technology from
outside the University, nominated by the Chancellor;
(e) two persons, nominated by the Government; and
(f) two members of the State Legislative Assembly, to be elected
by the State Legislature.
(2) The Governing Body shall be the supreme authority of the
University.
(3) The Governing Body shall have the following powers, namely:-
(a) to provide general superintendence and directions and to
control functioning of the University by using all such powers
as are provided by this Act or the statutes, ordinances,
regulations or rules made thereunder;
(b) to review the decisions of other authorities of the University
in case they are not in conformity with the provisions of this
Act or the statutes, ordinances, regulations or rules made
thereunder;
(c) to approve the budget and annual report of the University;
(d) to lay down the policies to be followed by the University;
(e) to recommend to the sponsoring body about the voluntary
liquidation of the University if a situation arises when smooth
functioning of the University does not remain possible in
spite of all efforts; and
(f) such other powers as may be prescribed by the statutes.
(4) The Governing Body shall meet at least thrice in a calendar year.
(5) The quorum for meetings of the Governing Body shall be five.
19. The Board of Management .- (1) The Board of Management
shall consist of the following members, namely:-
(a) the Vice-Chancellor;
1. Substituted for the words” five” vide H.P. Act No. 25 of 2012.
THE INDUS INTERNATIONAL UNIVERSITY (ESTABLISHMENT AND 15
REGULATION) ACT, 2009
1[(b) Deans of Faculties not exceeding two (by rotation based on
seniority);
(c) two persons, nominated by the sponsoring body from
amongst eminent educationists or from management field;
(d) two eminent academicians to be nominated by the
Government in consultation with the Regulatory
Commission;]
2[(e) two persons from amongst the teachers (from Professors,
Associate Professors), by rotation based on seniority; and
(f) the Registrar shall be the Member Secretary.]
(2) The Vice -Chancellor shall be the Chairperson of the Board 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 at least once in every two
months.
(5) The quorum for meetings of the Board of Management shall be
five.
3[(6) The Board of Management of the University shall be
independent of the Sponsoring Body with full autonomy to perform its
academic and administrative functions.]
20. The Academic Council.- (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 and the rules,
statutes and ordinances made thereunder, 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.
21. Other authorities .- The composition, constitution, powers and
functions of other authorities of the University shall be such as may be
specified by the statutes.
22. Disqualifications.- A person shall be disqualified for being a
member of any of the authorities or bodies of the University, if he,-
1. Clauses (b) to (d) substituted vide H.P. Act No. 25 of 2012.
2. Clauses (e) and (f) inserted vide H.P. Act No. 25 of 2012.
3. Sub-section (6) inserted Act No. 25 of 2012.
16 THE INDUS INTERNATIONAL UNIVERSITY (ESTABLISHMENT AND
REGULATION) ACT, 2009
(a) is of unsound mind and stands so declared by a competent
court; or
(b) is an undischarged insolvent; or
(c) has been convicted of any offence involving moral turpitude;
or
(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.
23. Vacancies not to invalidate the proceedings of any authority
or body of the University.- 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.
24. Filing of casual vacancies .- In case there occurs any casual
vacancy in any authority or body of the University, due to death, resignation
or removal of a member, the same shall be filled, as early as possible, by th e
person or body who appoints or nominates the member whose place become
vacant and person appointed or nominated to a casual 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 member.
25. Committees.- (1) The authorities or officers of the University
may constitute committees with such terms of reference as may be necessary
for specific tasks to be performed by such committees.
(2) The constitution of such committees and their duties shall be such
as may be specified by the statutes.
26. The first statutes. - (1) Subject to the provisions of this Act, and
the rules made thereunder, the first statutes 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 Vice -
Chancellor and his powers and functions;
(c) the man ner of appointment and terms and conditions of
service of the Registrar and Chief Finance and Accounts
Officer and their powers and functions;
(d) the manner of appointment and terms and conditions of
service of the employees and their powers and functions;
(e) the terms and conditions of service of employees of the
University;
THE INDUS INTERNATIONAL UNIVERSITY (ESTABLISHMENT AND 17
REGULATION) ACT, 2009
(f) the procedure for arbitration in case of disputes between
employees, students and the University;
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(h) the provisions regarding exemption of stu dents from payment
of tuition fee and for awarding to 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 the students; and
(k) provisions regarding number of seats in different courses.
(2) The first statutes shall be made by the Government and published
in the Official Gazette and a copy thereof shall be laid before the State
Legislative Assembly.
27. The subsequent statutes. - (1) Subject to the provisions of this
Act and the rules made thereunder, 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
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 statutes shall be
made by the Board of Management with the approval of the Governing Body.
(3) The Board of Management may, from time to time, make new or
additional statutes or may amend or repeal the statutes so made in the manner
hereinafter provided in this section:
Provided that Board of Management shall not make any statute or any
amendment of the statute affecting the status, powers or constitution of any
existing authority of the University until such authority has been given an
opportunity of expressing an opinion on the proposal and any opinion so
expressed shall be in writing and shall be considered by the Governing Body.
1. Clause (g) omitted vide H.P. Act No. 20 of 2011.
18 THE INDUS INTERNATIONAL UNIVERSITY (ESTABLISHMENT AND
REGULATION) ACT, 2009
(4) Every such statute or addition to the statutes or any amendment or
repeal of the statutes shall be subject to the approval of the Government:
Provided that no statute shall be made by the Board of Management
affecting the discipline of students and standards of instruction, education and
examination, except in consultation with the Academic Council.
28. The first ordinances.- (1) Subject to the provisions of this Act or
the rules or statutes made thereunder, the Board of Management may make
such first ordinances with the approval of the Governing Body as it deems
appropriate for the furtherance of the objects of the University and such
ordinances 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 and
obtaining of the same;
(d) the conditions for awa rding of fellowships, scholarships,
stipends, medals and prizes;
(e) the conduct of examinations, including the terms 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 in the hostels of the
University;
(h) provision regarding disciplinary action against the students;
(i) the creation, composition and function s 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; and
(k) all other matters which by this Ac t or statutes made
thereunder are required to be provided by the ordinances.
(2) The Board of Management shall either modify the ordinances
incorporating the suggestion of the Governing Body or give reasons for not
incorporating any of the suggestions made by the Governing Body and shall
return the ordinances alongwith such reasons, if any, to the Governing Body
and on receipt of the same, the Governing Body shall consider the comments
of the Board of Management and shall approve the ordinances of the
THE INDUS INTERNATIONAL UNIVERSITY (ESTABLISHMENT AND 19
REGULATION) ACT, 2009
University with or without such modifications and then the ordinances, as
approved by the Governing Body shall come into force.
29. The subsequent ordinances .- (1) All ordinances other than the
first ordinances shall be made by the Academic Council which after being
approved by the Board of Management shall be submitted to the Governing
Body for its approval.
(2) The Academic Council shall either modify the ordinances
incorporating the suggestions of the Board of Management and the Governing
Body or give reasons for not incorporating the suggestions, and shall return
the ordinances alongwith such reasons, if any, the Board of Management and
the Governing Body shall consider the comments of the Academic Council
and shall approve the ordinances of the University wi th or without such
modification and then the ordinances, as approved by the Governing Body
shall come into force.
30. Regulations.- The authorities of the University may, subject to
the prior approval of the Board of Management, make regulations, consistent
with this Act, the rules, statutes and the ordinances made thereunder, for the
conduct of their own business and of the committees appointed by them.
31. Admissions.- (1) Admission in the University shall be made
strictly on the basis of merit.
(2) Merit for admission in the University may be determined either on
the basis of marks or grade obtained in the qualifying examination for
admission and achievements in co -curricular and extra-curricular activities or
on the basis of marks or grade obtai ned in the entrance test conducted at State
level either by an association of the Universities conducting similar courses or
by any agency of the State:
Provided that admission in professional and technical courses shall be
made only through entrance test.
(3) Seats for admission in the University, for the students belonging to
Scheduled Castes, Scheduled Tribes and Other Backward Classes and
handicapped students, shall be reserved as per the policy of the State
Government.
(4) At least 25% seats for admiss ion to each course shall be reserved
for students who are bonafide Himachalis.
1[(5) The University shall seek prior approval of the 2[Regulatory
Commission] for admitting new students in subsequent years in the existing
courses or for starting new courses which shall be subject to recommendations
of the inspection committee set up for the purpose. This shall be applicable till
the first batch of final year students are admitted.]
1. Sub-section (5) inserted vide H.P. Act No. 20 of 2011.
2. Substituted for the words “State Government” vide H.P. Act No. 25 of 2012.
20 THE INDUS INTERNATIONAL UNIVERSITY (ESTABLISHMENT AND
REGULATION) ACT, 2009
32. Fee structure .- (1) The University may, from time to time,
prepare and r evise, its fee structure and send it to the Government for its
approval 1[before 31st December of every preceding academic year alongwith
the approval of courses granted by the Regulatory Commission] and the
Government shall convey the approval within 2[three months] from the receipt
of the proposal:
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Provided that the fee structure for each course shall be decided before
the issue of prospectus and shall be reflected in the prospectus:
Provided further that the fee structure shall not be revised or modified
during the academic year.
(2) The fee structure prepared by the University shall be considered
by a committee to be constituted by the State Government, in the manner as
may be prescribed, which shall submit its recom mendations to the
Government after taking into consideration whether the proposed fee is,-
(a) sufficient for generating-
(i) resources for meeting the recurring expenditure of the
University; and
(ii) the savings required for the further development of the
University; and
(b) not unreasonably excessive.
(3) After receipt of the recommendations under sub -section (2), if the
Government is satisfied, it may approve the fee structure.
(4) The fee structure approved by the Government under sub -section
(3) shall remain valid until next revision.
33. Examinations.- At the beginning of each academic session and in
any case not later than 30 th of August of every calendar year, the University
shall prepare and publish a semester -wise or annual, as the case may be,
SchedulExcerpt shown. Open the full act in Lexace.