LexThe Himachal Pradesh University Act, 1970
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH UNIVERSITY ACT, 1970
ARRANGEMENT OF SECTIONS
Sections:
1. Short title and commencement.
2. Definitions.
3. Establishment and incorporation of the University.
4. University open to all classes, castes and creeds.
5. Objects.
6. Powers.
7. Jurisdiction of the University.
8. Transfer of assets and liabilities and of employees of certain
institutions to the University.
9. Visitation.
9-A. Power of the Chancellor to annul proceedings or decisions of
the University and its bodies
9-B. Power of State Government to enquire
10. Officers of the University.
11. The Chancellor.
12. Appointment of the Vice-Chancellor
12-A. Emoluments and other terms and conditions of service of the
Vice-Chancellor
12-B. Arrangement of work during vacancy in the office of the
Vice-Chancellor.
12-C. Powers and duties of the Vice-Chancellor.
12-D. Pro-Vice-Chancellor.
12-E. Powers and duties of the Pro-Vice-Chancellor.
13. Dean of Agricultural Complex.
14. Dean of Faculty.
15. Registrar.
15-A. Controller of Examinations.
16. Finance Officer.
17. Powers and Duties of other Officers.
18. Authorities of the University.
19. The Court.
2 THE HIMACHAL PRADESH UNIVERSITY ACT, 1970
20. Powers and Functions of the Court.
21. Executive Council.
22. Academic Council.
23. Faculties.
24. Agricultural Complex.
25. Board of Management.
26. Powers of the Board of Management.
27. Agricultural Education, Agricultural Research and Extension
Education Programme.
28. Finance Committee.
29. Annual Accounts.
30. Correspondence Courses.
31. Autonomous Colleges.
32. Conditions for affiliation.
33. Examinations and admissions.
34. Selection Committee.
35. Conditions of service.
36. Pension, insurance and provident fund.
37. Annual report.
38. Statutes
39. Statutes how to be made.
40. Ordinances.
41. Regulations.
42. Casual Vacancies.
43. Proceedings of the University authorities and bodies not
invalidated by vacancies.
44. Removal from Membership and withdrawal of degrees,
diplomas etc.
45. Disputes.
46. Transitional powers.
47. Transitory provision.
48. Removal of difficulties.
49. Miscellaneous.
50. Actions not to be invalid merely in view of a defect in the
constitution and functioning of any body of the University.
THE HIMACHAL PRADESH UNIVERSITY ACT, 1970 3
THE HIMACHAL PRADESH UNIVERSITY ACT, 1970
(ACT NO. 17 OF 1970)1
(Received the assent of the President on the 13 th July, 1970, and was
published in the Rajpatra, Himachal Pradesh (Extra -ordinary), dated the 25 th
July, 1970, pp. 599-611.)
An Act to establish and incorporate a University in Himachal Pradesh.
Amended, repealed or otherwise affected by,-
(i) The Himachal Pradesh Adoption of Laws (State and
Concurrent Subjects) Order, 1973, published in the Rajpatra,
Himachal Pradesh (Extra -ordinary), dated the 20 th January,
1973, pp. 91-112, effective from 25th January, 1971.
(ii) H.P. Act No. 20 of 1974 2, a ssented to by the Governor on
19th September, 1974, published in the Rajpatra, Himachal
Pradesh (Extra -ordinary), dated the 28th September, 1974,
pp. 1361-1362).
(iii) H. P. Act No. 13 of 1979 3, assented to by the Governor on
16th June, 1979, published in the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated the 19th June, 1979, pp.1936-1937.
(iv) H. P. Act No. 6 of 1982 4, assented to by the Governor on 8 th
July, 1982 , published in the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated the 9th July, 1982, pp.641-642.
(v) H. P. Act No. 2 of 1984 5, assented to by the Governor on
23rd January, 1984 , published in the Rajpatra, Himachal
Pradesh (Extra -ordinary), dated the 28 th January, 1984 , pp.
120-127, effective from 28th October, 1983.
(vi) H. P. Act No. 2 of 1986 6, assented to by the Governor on
16th January, 1986 , published in the Rajpatra, Himachal
Pradesh (Extra -ordinary), dated the 24 th January, 1986 , pp .
70-72, effective from 28th November, 1985.
1. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated the 3rd June, 1970, p. 426.
2. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra -
ordinary), dated the 14th August, 1974, p. 1195.
3. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated 24th March, 1979, p. 1000.
4. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra -
ordinary), dated 30th June, 1982, p. 596.
5. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated 24th December, 1983, p. 1270.
6. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra -
ordinary), dated 18th December, 1985, p. 2971.
4 THE HIMACHAL PRADESH UNIVERSITY ACT, 1970
(vii) H. P. Act No. 14 of 1991 1, assented to by the Governor on
23rd May, 1991, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra -ordinary), dated the 25 th
May, 1991, pp. 1191-1196.
(viii) H. P. Act No. 16 of 19922, assented to by the Governor on
25th June, 1992, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra -ordinary), dated the 27 th
June, 1992, pp. 2229-2232.
(ix) H. P. Act No. 4 of 1996 3, assented to by the Governor on 7th
March, 1996 , published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra -ordinary), dated the 12 th
March, 1996, pp. 1009-1014.
(x) H.P. Act No. 4 of 2004 4, assented to by the Governor on
24th January, 2004, published both in Hindi and English in
the Rajpatra, Himachal Pradesh (Extra -ordinary), dated the
27th January, 2004 , pp . 31 35-3146, effective from. 22 nd
September, 2003.
(xi) H. P. Act No. 8 of 2011 5, assented to by the Governor on
22nd January, 2011, published both in Hindi and English in
the Rajpatra , Himachal Pradesh on 28 th January, 201 0, pp.
8382-8383.
(xii) H. P. Act No. 9 of 2015 6, assented to by the Governor on
22nd January, 2015, published both in Hindi and English in
the Rajpatra , Himachal Pradesh on 24 th January, 2015 , pp.
5879-5881.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Twenty-first Year of the Republic of India as follows:-
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra -ordinary), dated
16th March, 1991, pp. 377 and 380.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpat ra, Himachal Pradesh (Extra -ordinary), dated
28th March, 1992, pp. 1744 and 1746.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra -ordinary), dated
the dated 17th January, 1996, pp. 321 and 324.
4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra -ordinary), dated
the 16th December, 2003, pp. 2706-2707 and 2713-2714.
5. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the R ajpatra, Himachal Pradesh (Extra -ordinary), dated
22nd December, 2010, pp. 7668 and 7671.
6 Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 15 th December,
2014, pp. 5020-5021 and 5022.
THE HIMACHAL PRADESH UNIVERSITY ACT, 1970 5
1. Short title and commencement .- (l) This Act may be called the
Himachal Pradesh University Act, 1970.
(2) It shall come into force on such date as the State Government
may, by notification1 in the Rajpatra, Himachal Pradesh, appoint.
2. Definitions.- In this Act, unless the context requires otherwise,-
(1) “Academic Council ” means the Academic Council of the
University;
(2) “Agricultural Complex ” means the Agricultural Complex
constituted under section 24 of this Act;
(3) “Autonomous College ” means the College , department, or
unit, as the case may be, declared as an Autonomous College
by the University in accordance with the provisions of
section 31;
(4) “College” means an institution maintained or admitted to its
privileges by the University;
(5) “Court” means the Court of the University;
(6) “Executive Council ” means the Executive Council of the
University;
(7) “Faculty” means a Faculty consisting of an allied group of
subjects constituted by the Executive Council;
(8) “Hall” or “Hostel” means a unit of residence for students of
the University, provided, maintained or recognised by it;
(9) “Management” means the Managing Committee or the
managing Board by whatever name it may be ca lled
managing a privately-run college affiliated to the University;
(10) “Prescribed” means prescribed by the Statutes, Ordinances
or Regulations made under this Act;
(11) “Principal” means the head of a College, by whatever
designation he may be described and includes, when there is
no Principal, the person for the time bein g duly appointed to
act as Principal, and in the absence of the Principal or the
acting Principal, a Vice-Principal appointed as such;
2[(11-A) “Pro Vice -Chancellor” means the Pro -Vice-Chancellor of
the University;
(12) “Registered Graduates” mean graduates registered under the
provisions of the Statutes;
1. The Act enforced from 22 nd July, 1970, vide Notification No. 4-2/69- Sectt. Edu.-
I, dated the 22 nd July, 1970, published in the Rajpatra, Himachal Pradesh, dated
the 1st August, 1970, p. 676.
2. Clause (11-A) inserted vide H.P. Act No. 4 of 1996.
6 THE HIMACHAL PRADESH UNIVERSITY ACT, 1970
1[(13) “State Government ” means the Government of Himachal
Pradesh.
(14) “Statutes”, “Ordinances” and “Regulations” mean
respectively the Statutes, Ordinances and Regulations of the
University made under this Act and for the time being in
force;
(15) “Teachers” means teachers of the University who have been
appointed or recognised by the Academic Council as
Professors, Readers and Lecturers and shall include
Professors, Readers and Lecturers and Officers appointed to
man research and extension education;
(16) “University” means the Himachal Pradesh University
constituted under sub-section (1) of section 3.
3. Establishment and incorporation of the University .- (1) There
shall be constituted in the 2[State] of Himachal Pradesh a University by the
name of “Himachal Pradesh University”.
(2) The first Chancellor, the first Vice -Chancellor of the University
and the first Members of the Court, the Executive Council, the Academic
Council and the Board of Management, 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 corpora te by the name of
“Himachal Pradesh University”, with headquarters at Shimla.
(3) The University shall have perpetual succession and a common seal
and shall sue or be sued by the said name.
4. University open to all classes, castes and creeds .- The University
shall be open to all persons of either sex and of whatever race, creed, caste or
class and it shall not be lawful for the University to adopt or impose on any
person any test whatsoever of religious belief or profession in order to entitle
him to be ad mitted thereto, as a teacher or student, or to hold any office
therein, or to graduate thereat, or to enjoy or exercise any privilege thereof,
except in respect of any particular benefaction accepted by the University,
where such test is made a condition t hereof by any testamentary or other
instrument creating such benefaction:
Provided that nothing in this section shall be deemed to prevent
religious instruction being given in the manner prescribed in the Ordinances to
those who have consented to receive it.
5. Objects.- The objects of the University shall be to disseminate and
advance knowledge, wisdom and understanding by teaching and research and
by the example and influence of its corporate life and toward s this end the
University shall-
1. The definition of “State Government ” omitted by A.O. 1973 and again inserted
vide H.P. Act No. 4 of 2004, effective from 22nd September, 2003.
2. Substituted for the words “Union Territory” by A.O. 1973.
THE HIMACHAL PRADESH UNIVERSITY ACT, 1970 7
(i) advance learning and knowledge by teaching and research
and by extension programmes so as to enable a student to
obtain advantages of University education;
(ii) provide the right kind of leadership in all walks of life;
(iii) promote in the students and teachers an awareness and
understanding of the social needs of the country and
prepare them for fulfilling such needs;
(iv) take appropriate measures for promoting interdisciplinary
studies in the University;
(v) foster the composite culture of India and establish such
departments or institutions as may be required for the study
and development of the languages, arts and culture of India;
(vi) make such provision for integrated courses in Humanities,
Sciences and Technology in the educational programmes of
the University;
(vii) make provision for the education of the rural people of
Himachal Pradesh in different branches of study,
particularly agriculture, horticulture, rural industry and
business, and other allied subjects.
6. Powers.- The University shall have the following powers, namely:-
(1) to provide for instruction including the method of
correspondence courses in such branches of learning as the
University may, from time to time, determine, and to make
provision for research and for the advancement and
dissemination of knowledge and for extension education.
(2) to organise and to undertake extra -mural teaching and
extension services;
(3) to admit to the privileges of the University colleges situated
within the area comprising Himachal Pradesh and to
withdraw any such privilege and to prescribe conditions
therefor;
(4) to hold examinations and grant diplomas and certificates to,
and confer d egrees and other academic distinctions on,
persons and to withdraw any such diplomas, certificates,
degrees or other academic distinctions for good and
sufficient cause;
(5) to confer honorary degrees or other academic distinctions;
(6) to create such te aching, administrative and other posts as
the University may deem necessary, from time to time, and
to make appointments thereto;
(7) to institute and award Fellowships, Scholarships,
8 THE HIMACHAL PRADESH UNIVERSITY ACT, 1970
Studentships, Exhibitions and Prizes.
(8) to establish and maintain Co lleges, Halls and Hostels, to
recognise, guide, supervise and contr ol Halls and Hostels
not maintained by the University and other accommodation
for the residence of the students, and to withdraw any such
recognition;
(9) to regulate and enforce discipli ne among students and
employees of the University and to take such disciplinary
measures as may be deemed necessary;
(10) to make arrangements for promoting health and general
welfare of the students and the employees of the University
and of the colleges;
(11) to determine and provide for examinations for admission
into the University;
(12) to recognise for any purpose, either in whole or in part, any
institution or members or students thereof on such terms
and conditions as may, from time to time, be prescribed and
to withdraw such recognition;
(13) to co -operate with any other University, authority or
association or any public or private body having in view the
promotion of purposes and objects similar to those of the
University for such purposes as may be agreed upon, o n
such terms and conditions as may, from time to time, be
prescribed;
(14) 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 an y other purpose not
repugnant to this Act;
(15) to demand and receive payment of such fees and other
charges as may be prescribed from time to time;
(16) to receive donations and grants and to acquire, hold,
manage and dispose of any property, movable o r
immovable, including trust 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;
(17) to make provision for research and advisory service s and
for that purpose to enter into suc h arrangements with other
institutions or bodies as the University may deem
necessary;
(18) to provide for the printing, reproduction and publication of
research and other work, including text -books, which may
be issued by the University;
THE HIMACHAL PRADESH UNIVERSITY ACT, 1970 9
(19) to borrow, with the approval of the State Government, on
the security of the University property, money for the
purposes of the University;
(20) to accord recognition to institutions and examinations for
admission into the University;
(21) to do all such things as may be necessary, incidental or
conducive to the attainment of all or any of the objects of
the University.
7. Jurisdiction of the University.- (1) Save as otherwise provided by
or under this Act, the powers conferred on the University shall be exercisable
in the area constituting Himachal Pradesh.
(2) Notwithstanding anything contained in any other law for the time
being in force, no educational institution situated within the territorial limits
of the Univer sity shall be admitted to any privilege of any other University,
incorporated by law in India, and any such privilege granted by any such other
University to any such educational institution prior to the commencement of
this Act, shall unless otherwise dir ected by the State Government be deemed
to be withdrawn on the commencement of this Act, and any such institution
shall be deemed to be admitted to the privileges of the Himachal Pradesh
University.
(3) Where any institution or body established outside Him achal Pra-
desh seeks recognition from the University , then the powers and jurisdiction
of the University shall extend to such institution or body subject to the laws in
force in the State within which, and the rules and regulations of the University
within whose jurisdiction, the said institution or body is situated.
8. Transfer of assets and liabilities and of employees of certain
institutions to the University.- On the commencement of this Act, the assets
and liabilities of the Punjab University Regional Centre for Post -Graduate
Studies, Simla and the Punjab University Evening College, Simla shall stand
transferred to and shall vest in the University, in accordance with the terms
and conditions mutually agreed to between the University and the Punjab
University, Chandigarh. All officers and other employees of these institutions
holding office as such immediately before the commencement of this Act
shall, on such commencement, become the officers and other employees of
the University:
Provided that-
(1) such officers and employees of the above -mentioned
institutions shall be allowed to exercise an option whether or
not they wish their services to be taken over by the
University;
(2) the existing rights and service conditions of such employees
who opt for service in the University shall be protected;
10 THE HIMACHAL PRADESH UNIVERSITY ACT, 1970
(3) any service rendered by any such officer or other employee
before such transfer of his service to the University shall be
deemed to be service rendered in connection with the
administration of the Universi ty, on the condition that their
leave, pension and provident fund and gratuity contribution in
respect of the service rendered by them to the Punjab
University, Chandigarh, shall be reimbursed to the University
by the Punjab University, Chandigarh:
Provided further that in the event of any dispute or difficulty in the
matter of implementation of the provisions of this section the matter shall be
referred to the Central Government, whose decision shall be final.
9. Visitation .- (1) The Chancellor shall have the right to cause an
inspection to be made by such person or persons as he may direct, of the Uni -
versity or any institution maintained by the University, or of a College,
including the buildings, laboratories, record and equipment thereof and also of
the examinations, teaching and other work conducted or done by it, or to
cause an inquiry to be made in a like manner in respect of any matter
connected with the administration and finances of the University, or the
institution maintained by it.
(2) The Chancellor shall, in every case, give notice of his intention to
cause an inspection or an inquiry to be made, to the University in the case of
the University or an institution maintained by it, or the Management in the
case of a College, and the University or the Management of the College, as
the case may be, shall be entitled to appoint a representative, who shall have
the right to be present and be heard at such inspection or inquiry.
(3) In case of inspection or inquiry relating to the University or an
institution maintained by it, the Chancellor may communicate to the Vice -
Chancellor the result of such inspection or inquiry together with his views
thereon and advice regarding the action to be taken, and the Vice -Chancellor
shall place the same before the Executive Council.
(4) In case of inspection or inquiry relating to a college or institution,
the Chancellor may communicate to the Management of such College or
institution the result of such inspection or inquiry together with his views
thereon and advice regarding the action to be taken.
(5) The Vice-Chancellor or the Management, as the case may be, shall
communicate to the Chancellor the action, if any, taken or proposed to be
taken upon the result of such inspection or inquiry.
(6) Where the Executive Co uncil or the Management of the College
or institution, as the case may be, does not take action to the satisfaction of the
Chancellor, the Chancellor may, after considering any explanation furnished
or representation made by the Executive Council or the Ma nagement of the
College or institution, as the case may be, issue such direction as he may
deem fit and the University or the Management of the College or institution
shall comply with such directions.
THE HIMACHAL PRADESH UNIVERSITY ACT, 1970 11
1[9-A. Power of the Chancellor to annul proceedings o r decisions
of the University and its bodies .- Without prejudice to the foregoing
provisions of this section, the Chancellor may, by order in writing, annul
proceedings of the University or of its any authority or the decision of any
officer of the Univers ity, which is not in conformity with this Act or the
Statutes or the Ordinances made thereunder:
Provided that before making such order, the Chancellor shall call
upon the University, or as the case may be its authority or the officer , to show
cause why such an order should not be made and if any cause is shown within
the period specified by him in this behalf, shall consider the same.]
2[9-B. Power of State Government to enquire .- The State
Government may, cause an enquiry to be made by any of its officers or
agency, as it may direct on any matters connected with the administration and
finances of the University or the institutions maintained by it and the report of
such enquiry shall be sent to the State Government and the State Government
after examining the same, shall forward the report to the Chancellor and may
also recommend any action including g removal of Vice -Chancellor or the
Pro-Vice-Chancellor, as the case may be, if i n its opinion there exist such
circumstances as are contained in sub-section (5) of section 12 of this Act and
the Chancellor may take action accordingly:
Provided that before taking such action, the Chancellor shall afford a
reasonable opportunity of bein g heard to the Vice -Chancellor or pro -Vice-
Chancellor, as the case may be.]
10. Officers of the University.- The following shall be the officers of
the University:-
(i) the Chancellor;
(ii) the Vice-Chancellor;
3[(ii-a) the Pro-Vice-Chancellor;]
(iii) the Dean of Agricultural Complex;
(iv) the Deans of Faculties;
4[(iv-a) the Controller of Examination;]
(v) the Registrar;
(vi) the Finance Officer; and
(vii) such other persons in the service of the University as may
be declared by the Statutes to be the officers of the
1. Section 9 -A added vide H.P. Act No. 2 of 1984, effective from 28th October,
1983.
2. Section 9-B inserted vide H.P. Act No. 4 of 2004, effective from 22 nd September,
2003.
3. Clause (ii-a) inserted vide H.P. Act No. 4 of 1996.
4. New clause (iv-a) inserted vide H.P. Act No. 14 of 1991.
12 THE HIMACHAL PRADESH UNIVERSITY ACT, 1970
University.
11. The Chancellor.- (1) The 1[Governor] of Himachal Pradesh shall
be the Chancellor of the University.
(2) The Chancellor shall, by virtue of his office, be the Head of the
University and the President of the Court and shall when present, preside over
the meetings of Court and at any convocation of the University.
(3) The Chancellor shall have such powers as may be conferred on
him by or under this Act.
2{12. Appointment of the Vice -Chancellor.- (1) The Vice-
Chancellor shall be appointed by the Chancellor in consultation with the State
Government.
(2) The Vice-Chancellor shall be a whole-time salaried Officer of the
University.
(3) Except as expressly provided in sub-sections (4) and (5), the Vice-
Chancellor shall, subject to the pleasure of the Chancellor, hold office for a
term of 3[three years] from the date on which he enters upon his office and
shall, on the expiry of the term of his office, be eligible for re -appointment to
that office:
Provided tha t the Vice -Chancellor shall, notwithstanding the expiry
of the said period of 4[three years], continue to hold his office until his
successor is appointed and enters upon his office.
(4) No person shall be appointed, or if appointed shall hold or
continue to hold office, as Vice-Chancellor if he has attained the age of sixty -
5[three years].
6[(4-a) The Chancellor, by general or special order, may place the
Vice-Chancellor under suspension,-
(a) where an enquiry under sub -section (5) of this section is
contemplated or is pending; or
(b) where, in the opinion of the Chancellor, he has engaged
himself in activities prejudicial to the interest of the
University; or
(c) where a case against him in respect of any criminal offence is
1. Substituted for the words “Lieutenant Governor” by A.O. 1973.
2. Section 12 substituted and new sections 12 -A, 12-B and 12 -C inserted vide H.P.
Act No. 2 of 1984, effective from 28th October, 1983.
3. The words “five” substituted for the words “three” vide H.P. Act No. 2 of 1986
again substituted for the word “five years” vide H.P. Act No. 14 of 1991.
4. The words “five” substituted for the words “three” vide H.P. Act No. 2 of 1986
again substituted for the word “five years” vide H.P. Act No. 14 of 1991.
5 Substituted for the word “five years” vide H.P. Act No. 14 of 1991.
6. Sub-sections (4 -a) to 4 -c) inserted vide H.P. Act No. 4 of 2004, effective from
22nd September, 2003.
THE HIMACHAL PRADESH UNIVERSITY ACT, 1970 13
under investigation, inquiry of trial; or
(d) where his continuance in off ice will prejudice the
investigation, inquiry or trial (e.g. apprehended tempering
with documents or to influence witnesses).
(4-b).The Vice -Chancellor under suspension shall be entitled to a
subsistence allowance at an amount equal to leave salary which the Vice -
Chancellor would have drawn if he had been on leave on half average pay or
on half pay and in addition, dearness allowance, if admissible on the basis of
such leave salary:
Provided that where the period of suspension exceeds three months,
the Chancellor shall be competent to vary the amount of subsistence
allowance for any period subsequent to the period of the first three months as
follows:-
(i) the amount of subsistence allowance may be increased by a
suitable amount, not exceeding fifty percent of the
subsistence allowance admissible during the period of first
three months, if, in the opinion of the Chancellor, the period
of suspension has been prolonged for reasons to be recorded
in writing not directly attributable to the Vice- Chancellor;
(ii) the amount of subsistence allowance may be reduced by a
suitable amount, not exceeding fifty percent of the
subsistence allowance admissible during the period of first
three months, if in the opinion of the Chancellor, the period of
suspension has been prolonged due to reasons, to be recorded
in writing, directly attributable to the Vice- Chancellor; and
(iii) the rate of dearness allowance shall be based on the increased
or, as the case may be, the decreased amount of subsistence
allowance admissible under clause (i) and (ii).
(4-c) No payment under sub -section (4 -b) shall be made unless the
Vice- Chancellor furnishes a certificate that he is not engaged in any other
employment, business, profession or vocation.]
(5) If in the opinion of the Chancellor, the Vice -Chancellor willfully
omits or refuses to carry out the provisions of the Act or abuses the powers
vested in him or if it appears to the Chancellor that the continuance of the
Vice-Chancellor in office is detrimental to the interests of the University, the
Chancellor may, after making such enquiry as he deems proper and in
consultation with the State Government, by order, remove the Vice -
Chancellor:
1[Provided that in the event of taking any a ction on a report of an
inquiry under section 9 or section 9 -B of this Act, as the case may be, no
further inquiry shall be necessary under this sub -section but the Vice -
Chancellor shall be afforded an opportunity of being heard after making him
1. Proviso added vide H.P. Act No. 4 of 2004, effective from 22 nd September, 2003.
14 THE HIMACHAL PRADESH UNIVERSITY ACT, 1970
available a copy of inquiry report.]
1[(6) XXXXXXXXXXXXXXXXXXXXXXXX]
(7) The Vice -Chancellor may resign by a notice of one month in
writing under his hand addressed to the Chancellor. The Chancellor may
waive off the period of notice and accept the resignation for thwith in
consultation with the State Government.
12-A. Emoluments and other terms and conditions of service of
the Vice -Chancellor.- (1) There shall be paid to the Vice -Chancellor such
salary as the Chancellor may, in consultation with the State Governmen t,
determine from time to time and he shall be entitled, without payment of rent,
to use a furnished residence throughout the term of office and no charge shall
fall on the Vice -Chancellor personally in respect of the maintenance of such
residence.
(2) The Vice-Chancellor shall not be entitled to the benefits of the
University Provident Fund or to any other allowance:
Provided that where an employee of the University is appointed as the
Vice-Chancellor, he shall be allowed to continue to contribute to the
Provident Fund and the contribution of the University shall be limited to what
he had been contributing immediately before his appointment as Vice -
Chancellor.
(3) The Vice -Chancellor shall be entitled to travelling allowances at
such rates, and medical cost at such scales, as may be fixed by the Chancellor.
(4) The Vice-Chancellor shall be entitled to leave on full pay for one
eleventh of the period spent by him on active service.
(5) The Vice-Chancellor shall also be entitled on medical grounds or
otherwise than on medical grounds, to leave without pay for a period not
exceeding- three months during the term of his office:
Provided that such leave may be converted into leave on full pay to
the extent to which he will be entitled to leave under sub-section (4).
12-B. Arrangement of work during vacancy in the office of the
Vice-Chancellor.- (1) During the temporary absence of the Vice -Chancellor
by reason of leave, illness or any other cause, 2[the Pro -Vice Chancellor,
appointed under section 12 -D, shall perform the duties and exercise the
powers of the Vice -Chancellor, and if there is no Pro -Vice Chancellor,] the
Chancellor may, in consultation with the State Government, make such
arrangements for carrying on the duties of the Vice -Chancellor as he may
deem fit.
(2) During the period a vacancy in the office of the Vice -Chancellor
1. Sub-section (6) omitted vide H.P. Act No. 4 of 2004, effective from 22 nd
September, 2003.
2. Inserted vide H.P. Act No. 4 of 1996.
THE HIMACHAL PRADESH UNIVERSITY ACT, 1970 15
remains unfilled, 1[and if there is no Pro -Vice-Chancellor to perform the
duties and to exercise the powers of the Vice Chancellor,] such person as the
Chancellor may appoint shall act as Vice -Chancellor and the person so
appointed shall have all the powers of the Vice -Chancellor and shall be
entitled to the privileges of the Vice -Chancellor and to such emoluments and
allowances as may be determined by the Chancellor.
12-C. Powers and duties of the Vice -Chancellor.- (1) The Vice -
Chancellor, who shall be the principal executive and academic officer of
University, shall take rank next to the Chancellor and shall exercise general
supervision and control over the affairs of the University, and shall, in the
absence of the Chancellor, preside at the meetings of the Court and any
convocation of the University.
(2) The Vice -Chancellor shall be the ex -officio Chairman of the
Executive Council, the Academic Council and the Finance Committee. He
shall be entitled to be present at and to address any meeting of any authority
or body of the University, but shall not be entitled to vote thereat unless he is
member of such authority or body.
(3) The Vice -Chancellor shall exercise general supervision and
control over the affairs of the University and shall be responsible for its proper
and efficient functioning. He s hall also exercise all powers necessary for due
maintenance of discipline in the University.
(4) He shall ensure the observance of the provisions of this Act, the
Statutes, Ordinances and Regulations and he shall have all powers necessary
for that purpose.
(5) The Vice -Chancellor shall, either himself or through any officer
of the University authorised in writing by him, convene the meetings of the
Executive Council, the Academic Council and the Finance Committee and
shall perform all such acts as may be ne cessary to carry out the provisions
contained in this Act, the Statues, the Ordi nances and the Regulations and to
give effect to the decisions of the said authorities.
(6) The Vice -Chancellor shall at the close of each academic year, in
the manner prescri bed in the Statutes or Ordinances, assess and evaluate the
teaching and research work done by the members of the Faculty. On such
assessment or the evaluation, if the Vice -Chancellor is of the opinion that the
work and conduct of any member of the Faculty is not satisfactory, he shall, in
the manner as laid down in the Statutes or Ordinances, initiate or cause to be
initiated action against such a member.
2[(7) In case of emergency warranting immediate action to be taken,
in respect of powers not vested in him, the Vice -Chancellor shall take such
action as he deems necessary after recording reasons in writing and shall place
the matter before the authority, competent to exercise such powers, for
1. Inserted vide H.P. Act No. 4 of 1996.
2. Sub-Section (7) substituted vide H.P. Act No. 4 of 2004, effective from 22 nd
September, 2003.
16 THE HIMACHAL PRADESH UNIVERSITY ACT, 1970
confirmation in its next following meeting but not later than sixty days, falling
which the action taken by him shall cease to have any effect and if the action
taken by the Vice -Chancellor is not confirmed by such authority, the same
shall also cease to have any effect:
Provided that such emergency powers shall not be exercised by the
Vice-Chancellor for making any appointment to any position or assignment or
removal of any incumbent from such position or assignment.]
(8) The Vice -Chancellor shall exercise such other powers as may be
prescribed by the Statutes, Ordinances and Regulations.}
1[12-D. Pro-Vice-Chancellor.- (1) The Pro-Vice-Chancellor shall be
a whole time officer of the University. The Pro - Vice-Chancellor after the
commencement of the Himachal Pradesh University (Amendment) Act 1996
shall be appointed by the Chancellor, in consultation with the State
Government, on such terms and conditions as the State Government may
determine.
(2) Except as expressly provided in sub -sections (4) and (5), the Pro -
Vice-Chancellor shall, subject to the pleasure of the Chancellor, hold office
for a term of three years from the date he enters upon his office and shall, on
the expiry of his office, be eligible for reappointment to that office:
Provided that notwithstanding the expiry of the term of his offi ce, the
Pro-Vice-Chancellor shall continue in office until his successor is appointed
and enters upon his office.
(3) The emoluments and other conditions of service of the Pro -Vice-
Chancellor shall be such as may be prescribed and shall not vary to his
disadvantage after his appointment.
(4) A person appointed as Pro -Vice-Chancellor shall retire from
office if during the term of his office or any extension thereof, he completes
the age of 65 years.
2[(4-a). The Chancellor, by general or special order, may place the
Pro-Vice-Chancellor under suspension,-
(a) where an enquiry under sub -section (5) of this section is
contemplated or is pending; or
(b) where, in the opinion of the Chancellor he has engaged
himself in activities prejudicial to the interest of the
University; or
(c) where a case against him in respect of any criminal offence is
under investigation, inquiry or trial; or
(d) where his continuance in offence will prejudice the
1. Sections 12-D and 12-E inserted vide H.P. Act No. 4 of 1996.
2. Sub-sections (4-a), (4-b) and (4-c) inserted vide H.P. Act No. 4 of 2004, effective
from 22nd September, 2003.
THE HIMACHAL PRADESH UNIVERSITY ACT, 1970 17
investigation, inquiry or trial (e.g. apprehended tempering
with documents or to influence witnesses).
(4-b). The Pro -Vice-Chancellor under suspension shall be entitled to
a subsistence allowance at an amount equal to leave salary which the Pro -
Vice- Chancellor would have drawn if he had been on leave on half average
pay or on half pay and in a ddition, dearness allowance, if admissible on the
basis of such leave salary:
Provided that where the period of suspension exceeds three months,
the Chancellor shall be competent to vary the amount of subsistence
allowance for any period subsequent to the period of the first three months as
follows:-
(i) the amount of subsistence allowance may be increased by a
suitable amount not exceeding fifty percent of the subsistence
allowance admissible during the period of first three months,
if, in the opinion of the Chancellor, the period of suspension
has been prolonged for reasons to be recorded in writing, not
directly attributable to the Pro-Vice-Chancellor;
(ii) the amount of subsistence allowance, may be reduced by a
suitable amount, not exceeding fifty percent o f the
subsistence allowance admissible during the period of three
months, if, in the opinion of the Chancellor, the period of
suspension has been prolonged for reasons, to be recorded in
writing, directly attributable to the Pro-Vice-Chancellor; and
(iii) the rate of dearness allowance shall be based on the increased
or, as the case may be, the decreased amount of subsistence
allowance admissible under clauses (i) and (ii).
(4-c) No payment under sub -section (4 -b) shall be made un less the
Pro-Vice-Chancellor furnishes a certificate that he is not engaged in any other
employment, business, profession or vocation.]
(5) If, in the opinion of the Chancellor, the Pro -Vice-Chancellor
willfully omits or refuses to carry out the provisions of this Act, or abuses the
powers vested in him and if it appears to the Chancellor that the continuance
of the Pro -Vice-Chancellor in office is detrimental to the interest of the
University, the Chancellor may, after consultation with the Executive Council
and the Government by order re move the Pro -Vice-Chancellor after giving
him an opportunity of showing cause against the action proposed to be taken
in regard to him:
1[Provided that in the event of taking any action on a report of an
enquiry under section 9 or section 9-B this Act, as the case may be, no further
inquiry shall be necessary under this sub -section but the Pro -Vice-Chancellor
shall be afforded an opportunity of being heard after making him available a
1. Proviso inserted vide H.P. Act No. 4 of 2004, effective from 22 nd September,
2003.
18 THE HIMACHAL PRADESH UNIVERSITY ACT, 1970
copy of inquiry report.]
(6) The Pro -Vice-Chancellor may, by writing und er his hand
addressed to the Chancellor, resign his office. The resignation shall be
delivered to the Chancellor ordinarily at least 60 days prior to the date on
which the Pro -Vice-Chancellor wishes to be relieved from his office, but the
Chancellor may relieve him earlier. The resignation shall take effect from the
date of his relieving.
12-E. Powers and duties of the Pro-Vice-Chancellor.- (l) Subject to
the control and supervision of the Vice -Chancellor, the Pro -Vice-Chancellor
shall perform such duties and exercise such powers as may be conferred upon
him under the Act or the Statutes or are delegated to him by the Vice -
Chancellor or the Executive Council.
(2) The Pro-Vice-Chancellor shall be the ex-officio Vice-Chairman of
the Executive Council, the Academic Council and the Finance Committee. He
shall be entitled to be present at and to address any meeting of any authority
or body of the University, but shall not be entitled to vote there at unless he is
a member of such authority or body.]
13. Dean of Ag ricultural Complex.- There shall be a Dean of the
Agricultural Complex who shall be appointed in such manner and who shall
exercise such powers and perform such duties as may be prescribed by the
Statutes.
14. Dean of Faculty .- There shall be a Dean for ea ch Faculty who
shall be appointed in such manner and exercise such powers and performs
such duties as may be prescribed by the Statutes.
1[15. Registrar.- (1) There shall be a Registrar who shall be ex-officio
Member-Secretary of the Court, the Executive Council and Academic Council
of the University.
(2) Notwithstanding anything to the contrary contained in the Statutes
or the Ordinance of the University, the Registrar shall be appointed by the
State Government from amongst the officer who have put in at least five years
service in the Indian Administrative Services or at least nine years service in
Himachal Pradesh Administrative Services, under the State Government,
failing which by selection from amongst tho se eligible under the existing
provisions of the First Ordinance of the University.
(3) The Registrar shall exercise such powers and discharge such
duties as may be prescribed by the Statutes.]
2[15-A. Controller of Examinations .- There shall be a Control ler of
Examinations who shall have same status and pay as the Registrar and who
shall be appointed by transfer of the incumbent of the office of the Registrar
1. Section 15 amended vide H.P. Act No. 6 of 1982, substituted vide H.P. Act No.
14 of 1991 again substituted vide H.P. Act No. 4 of 2004, effective from 22 nd
September, 2003.
2. Section 15-A inserted vide H.P. Act No. 14 of 1991.
THE HIMACHAL PRADESH UNIVERSITY ACT, 1970 19
or in such other manner and shall exercise such powers and perform such
functions as may be prescribed by the statutes.]
1[16 Finance Officer .- (1) There shall be Finance Officer who shall
be the ex-officio Member Secretary of the Finance Committee of the
University.
(2) Notwithstanding anything to the contrary contained in the Statutes
or the Ordinance of University, the Finance Officer shall be appointed by the
State Government from amongst the officer of the Himachal Pradesh State
Subordinate Accounts Services (Ordinary Branch), not below the rank of
Controller, failing which by selection from amon gst those eligible under the
existing provision of the First Ordinance of the University.
(3) The Finance Officer shall exerciExcerpt shown. Open the full act in Lexace.