LexThe SARDAR PATEL UNIVERSITY MANDI, HIMACHAL PRADESH (ESTABLISHMENT AND REGULATION) ACT, 2021
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE SARDAR PATEL UNIVERSITY MANDI, HIMACHAL
PRADESH (ESTABLISHMENT AND REGULATION) ACT, 2021
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 the
Sardar Valbhbhai Patel Cluster University.
9. Transfer of assets, liabilities and of employees of cer tain
institutions of the Himachal Pradesh University.
10. Visitation.
11. Power of the Chancellor to annual proceedings or decisions of
the University and its bodies.
12. Power of State Government to enquire.
13. Officers of the University.
14. The Chancellor.
15. Appointment of the Vice-Chancellor.
16. Emoluments and other terms and conditions of service of the
Vice -Chancellor.
17. Arrangement of work during vacancy in the office of the
Vice-Chancellor.
18. Powers and duties of the Vice-Chancellor.
19. Pro-Vice-Chancellor.
20. Powers and duties of the Pro-Vice-Chancellor.
21. Dean of Faculty.
22. Registrar.
23. Controller of Examination.
24. Finance Officer.
25. Powers and duties of other officers.
2 THE SARDAR PATEL UNIVERSITY MANDI, HIMACHAL PRADESH
(ESTABLISHMENT AND REGULATION) ACT, 2021
26. Authorities of the University.
27. The Court.
28. Powers and functions of the Court.
29. Executive Council.
30. Academic Council.
31. Faculities.
32. Finance Committee.
33. Annual Accounts.
34. Distance Education or Correspondence Courses.
35. Autonomous College.
36. Conditions for affiliation.
37. Examination and admission.
38. Selection Committee.
39. Contract of appointment.
40. Pension, insurance and provident fund.
41. Annual report.
42. Statutes.
43. Making of Statutes.
44. Ordinances.
45. Regulations.
46. Casual vacancies.
47. Proceedings of the University authorities and bodies not
invalidated by vacancies.
48. Removal from membership and withdrawal of degrees and
diplomas etc.
49. Disputes.
50. Transitional powers.
51. Transitory provision.
52. Removal of difficulties.
53. Miscellaneous.
54. Action not to be invalid merely in view of a defect in
constitution and functioning of any body of the University.
55. Repeal and savings.
THE SARDAR PATEL UNIVERSITY MANDI, HIMACHAL PRADESH 3
(ESTABLISHMENT AND REGULATION) ACT, 2021
THE SARDAR PATEL UNIVERSITY MANDI, HIMACHAL
PRADESH (ESTABLISHMENT AND REGULATION) ACT, 2021
(ACT NO. 3 OF 2022) 1
(Received the assent of the Governor on the 5th February, 2022 and
published both in Hindi and English in the Rajpatra, Himachal Pradesh (e -
Gazette), dated 10th February, 2022, pp. 7754-7797).
AN ACT to establish and incorp orate a University in the State of
Himachal Pradesh to be known as “The Sardar Patel University
Mandi, Himachal Pradesh” for the purpose of affiliating, teaching
and ensuring proper and systematic instructions, training and
research in the Higher Education system.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Seventy-second year of the Republic of India as follows:-
1. Short title and commencement. - (1) This Act may be called the
Sardar Patel University Mandi, Himachal Pradesh (Estab lishment and
Regulation) Act, 2021.
(2) It shall come into force on such date 2 as the State Government
may by notification in the Rajpatra (e-Gazette), Himachal Pradesh, appoint.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “Academic Council” means the Academic Council of the
University constituted under section 30;
(b) “Autonomous College” means the college, department or
units, as the case may be, declared as an Autonomous College
by the University in accordance with the provisions of section
35;
(c) “college” means an institution maintained or admitted to its
privileges by the University;
(d) “Court” means the Court of the University;
(e) “Executive Council” means the Executive Council of the
University;
(f) “Faculty” m eans a Faculty consisting of an allied group of
subjects constituted by the Executive Council;
(g) “hall or hostel” means a unit of residence for the students of
the University, provided, maintained or recognized by it;
1. Passed in Hindi and English by the Himachal Pradesh Vidhan Sabha. For
Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (E -
Gazette), dated 14th December, 2021, pp. 6008 and 6028.
2 Act came into force from 1 st April, 2022 vide Notification No. EDN -A-Ka(1)-
17/2021, dated 28 th February, 2022, published in the Rajpatra, Himachal
Pradesh (e-Gazette), dated 3rd March, 2022 , p. 8560.
4 THE SARDAR PATEL UNIVERSITY MANDI, HIMACHAL PRADESH
(ESTABLISHMENT AND REGULATION) ACT, 2021
(h) “Management” means the Managin g Committee or the
Managing Board by whatever name it may be called
managing a privately run college affiliated to the University;
(i) "notification" means a notification published in the Rajpatra
(e-Gazette), Himachal Pradesh;
(j) “prescribed” means prescribed by the Statutes, Ordinances or
Regulations made under this Act;
(k) “Principal” means the head of a college and includes, when
there is no Principal, the person for the time being duly
appointed to act as Principal, and in the absence of the
Principal or the acting Principal, a Vice -Principal appointed
as such;
(l) “Registered Graduates” means graduates registered under the
provisions of the Statutes;
(m) “State Government” or "Government" means the Government
of Himachal Pradesh;
(n) “Statutes”, “Ordinances” and “Regulations” means the
Statutes, Ordinances and Regulations respectively of the
University made under this Act and for the time being in
force;
(o) “teacher” means teacher of the University who has been
appointed or recognized by the A cademic Council as
Professor, Associate Professor or Assistant Professor and
shall include Professor, Associate Professor, Assistant
Professor or an officer appointed to man research and
extension education; and
(p) “University” means the Sardar Patel Uni versity Mandi,
Himachal Pradesh constituted under sub section (1) of section
3.
3. Establishment and in corporation of the University. - (1) There
shall be constituted in the State of Himachal Pradesh, a University by the
name of “The Sardar Patel University Mandi, Himachal Pradesh”.
(2) The first Chancellor, the first Vice -Chancellor of the University
and the first members of the Court, the Executive Council 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 “Sardar Patel University Mandi,
Himachal Pradesh” with headquarters at Mandi, Himachal Pradesh.
(3) The University shall have perpetual succession and a common seal
and shall by the said name sue or be sued.
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
THE SARDAR PATEL UNIVERSITY MANDI, HIMACHAL PRADESH 5
(ESTABLISHMENT AND REGULATION) ACT, 2021
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 admitted thereto, as a teacher or a student, or to hold any office
therein, or to graduate there at, or to enjoy or exercise any privil ege thereof
except in respect of any particular benefacation accepted by the University,
where such test is made a condition thereof by any testamentary or other
instrument creating such benefacation:
Provided that nothing in this section shall be deemed t o prevent
religious instructions 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 teachin g and research and
by the example and influence of its corporate life and towards this end the
University shall,-
(a) advance learning and knowledge by teaching and research
and by extension programmes so as to enable a student to
obtain advantages of University education;
(b) provide the right kind of leadership in all walks of life;
(c) promote in the students and teachers an awareness and
understanding of the social needs of the country and prepare
them for fulfilling such needs;
(d) take appropriat e measures for promoting inter -disciplinary
studies in the University;
(e) 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;
and
(f) make such provision for integrated courses in Humanities,
Science and Technology in the educational programmes of
the University.
6. Powers.- The University shall have the following powers, namely:-
(a) to provide for instructions including the m ethod 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;
(b) to organise and to undertake extra -mural teaching and
extension services;
(c) to admit to the privileges of the University, colleges situated
within the area of jurisdiction of the Univerisity and to
withdraw any such privilege and to prescribe conditions
therefore;
6 THE SARDAR PATEL UNIVERSITY MANDI, HIMACHAL PRADESH
(ESTABLISHMENT AND REGULATION) ACT, 2021
(d) to hold examinations and grant diplomas and certificates to
and confer degrees and other academic distinctions on,
persons and to withdraw any such diplomas, certificates,
degrees or other academic distinctions for good and sufficient
cause;
(e) to confer honorary degrees or other academic distinctions;
(f) to create such teaching, administrative and other posts as the
University may deem necessary, from time to time, and to
make appointments thereto;
(g) to institute and award Fellowships, Scholarships,
Studentships, Exhibitions and Prizes;
(h) to establish and maintain colleges, halls and hostels, to
recognise, guide, supervise and control halls and hostels not
maintained by the University and other accommodations for
the residence of the students, and to withdraw any such
recognition;
(i) to regulate and enforce discipline among students and
employees of the University and to take such disciplinary
measures as may be deemed necessary;
(j) to make arrangements for promoting health and general
welfare of the students and the employees of the University
and of the colleges;
(k) to determine and provide for examinations for admission in
the University;
(l) to recognise for any purpose, either in whole or in part, any
institution or members or students t hereof on such terms and
conditions as may, from time to time, be prescribed and to
withdraw such recognition;
(m) 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, on such
terms and conditions as may, from time to time, be
prescribed;
(n) to enter into any agreement for the incorporation in the
University of any institution and for t aking over its rights,
properties and liabilities and for any other purpose not
repugnant to this Act;
(o) to demand and receive payment of such fees and other
charges as may be prescribed form time to time;
(p) to receive donations and grants and to acq uire, hold, manage
and dispose of any property, movable or immovable,
THE SARDAR PATEL UNIVERSITY MANDI, HIMACHAL PRADESH 7
(ESTABLISHMENT AND REGULATION) ACT, 2021
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;
(q) 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;
(r) to provide for the printing, reproduction and publication of
research and other work, including text books, which may be
issued by the University;
(s) to borrow, with the approval of the State Government, on the
security of the University property, money for the purposes of
the University;
(t) to accord recognition to in stitutions and examinations for
admission into the University; and
(u) 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 areas as notified by the State Government.
(2) Notwithstanding anything contained in any other law for the time
being in force, no educational institution situated within the territorial limits
of the University 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 directed 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 University.
(3) Where any inst itution or body established outside Himachal
Pradesh 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 an d regulations of
the University within whose jurisdiction, the said institution or body is
situated.
8. Transfer of assets, liabilities and of employees of the Sardar
Vallabhbhai Patel Cluster University.- On the commencement of this Act,
the assets and li abilities of the Sardar Vallabhbhai Patel Cluster University,
Mandi, Himachal Pradesh shall stand transferred to and shall vest in the
University. All officers and other employees of the Sardar Vallabhbhai Patel
Cluster University holding office as such im mediately before the
commencement of this Act, shall, on such commencement become the
officers and other employees of the University:
8 THE SARDAR PATEL UNIVERSITY MANDI, HIMACHAL PRADESH
(ESTABLISHMENT AND REGULATION) ACT, 2021
Provided that the existing rights and service conditions of such
employees shall be protected:
Provided further that 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 University:
Provided further that in the event of any dispute o r difficulty in the
matter of implementation of the provisions of this section, the matter shall be
referred to the State Government, whose decision shall be final.
9. Transfer of assets, liabilities and of employees of certain
institutions of the Himachal Pradesh University.- On the commencement
of this Act, the assets and liabilities of education institutions of Himachal
Pradesh University that fall under the jurisdiction of the Sardar Patel
University Mandi, Himachal Pradesh shall stand transferred to an d shall vest
in the University, in accordance with the terms and conditions mutually
agreed to between the Sardar Patel University Mandi and the Himachal
Pradesh University, Shimla. All officers and other employees of these
institutions holding office as s uch immediately before the commencement of
this Act, shall, on such commencement become the officers and other
employees of the University:
Provided that,-
(a) 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;
(b) the existing rights and service conditions of such employees
who opt for service in the University shall be protected; and
(c) any service rendered by any such offic er 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 University, on the condition that their
leave, pension, provident fund and gratuity contribution in
respect of the service rendered by them to the Himachal
Pradesh University, shall be reimbursed to the University by
the Himachal Pradesh University:
Provided 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 State Government, whose decision shall be final.
10. 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
University, 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 li ke manner in respect of any matter
THE SARDAR PATEL UNIVERSITY MANDI, HIMACHAL PRADESH 9
(ESTABLISHMENT AND REGULATION) ACT, 2021
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 sha ll 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 inspect ion 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 Council or the Management of the college or
institution, as the case may be, does not take action to the sat isfaction of the
Chancellor, the Chancellor may, after considering any explanation furnished
or representation made by the Executive Council or the Management of the
college or institution, as the case may be, issue such direction as he may deem
fit and th e University or the Management of the college or institution shall
comply with such directions.
11. Power of the Chancellor to annul proceedings or 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
University, 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.
12. 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 a institution 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 removal of Vice-Chancellor or the Pro -Vice-Chancellor,
10 THE SARDAR PATEL UNIVERSITY MANDI, HIMACHAL PRADESH
(ESTABLISHMENT AND REGULATION) ACT, 2021
as the case may be, if in its opinion there exist such circumstances as are
contained in sub-section (5) of section 15 of this Act and the Chancellor may
take action accordingly:
Provided that before taking such action, the Chancellor shall afford
reasonable opportunity of being heard to the Vice -Chancellor or Pro -Vice-
Chancellor, as the case may be.
13. Officers of the University.- The following shall be the officers of
the University:-
(i) the Chancellor;
(ii) the Vice-Chancellor;
(iii) the Pro-Vice-Chancellor;
(iv) the Dean of Faculties;
(v) the Registrar;
(vi) the Controller of Examinations;
(vii) the Finance Officer; and
(viii) such other persons in the service of the University as may be
declared by the Statutes to be the officers of the University.
14. The Chancellor.- (1) The 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.
15. 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 (8), the Vice-
Chancellor shall, subject to the pleasure of the Chancellor, hold office for a
term of 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 reappointment to that
office:
Provided that the Vice-Chancellor shall notwithstanding the expiry of
said period of three years, continue to hold his office untill his successor is
appointed and enters upon his office.
THE SARDAR PATEL UNIVERSITY MANDI, HIMACHAL PRADESH 11
(ESTABLISHMENT AND REGULATION) ACT, 2021
(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 -
five years.
(5) The Chancellor, by general or special order, may place the Vice -
Chancellor under suspension,-
(a) where an enquiry under sub -section (8) 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 con tinuance in office will prejudice the
investigation, inquiry or trial (e.g. apprehended tempering
with documents or to influence witnesses).
(6) The Vice -Chancellor under suspension shall be entitled to a
subsistence allowance at an amount equal to leave s alary 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 mon ths,
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,-
(a) 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;
(b) 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
(c) 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 (a) and (b).
(7) No payment under sub -section (6) shall be made unless the Vice -
Chancellor furnishes a certificate that he is not engaged in any other
employment, business, profession or vocation.
12 THE SARDAR PATEL UNIVERSITY MANDI, HIMACHAL PRADESH
(ESTABLISHMENT AND REGULATION) ACT, 2021
(8) If in the opinion of the Chancell or, the Vice -Chancellor wilfully
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:
Provided that in the event of taking any action on a report of an
enquiry under section 10 or section 12 of this Act, as the case may be, no
further enquiry shall be necessary under this sub -section but the Vice -
Chancellor shall be afforded an opportunity of being heard after making him
available a copy of enquiry report.
(9) The Vice -Chancellor may res ign 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 forthwith in
consultation with the State Government.
16. Emoluments and other terms and conditi ons 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 Government, 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).
17. Arrangement of work during vacancy in the office of the Vice-
Chancellor.- (1) During th e temporary absence of the Vice -Chancellor by
reason of leave, illness or any other cause, the Pro-Vice-Chancellor appointed
under section 19, shall perform the duties and exercise the powers of the Vice-
Chancellor and if there is no Pro -Vice-Chancellor, t he Chancellor may, in
THE SARDAR PATEL UNIVERSITY MANDI, HIMACHAL PRADESH 13
(ESTABLISHMENT AND REGULATION) ACT, 2021
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
remains unfilled, 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 persons 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.
18. Powers and duties of the Vice -Chancellor.- (1) The Vice -
Chancellor, who shall be the principal executive and academic of ficer of the
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 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.
(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 shall 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 meeting of the
Executive Council, the Academic Council and the Finance Committee and
shall perform all such acts as m ay be necessary to carry out the provisions
contained in this Act, the Statutes, the Ordinances 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 prescribed 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.
(7) In case of emergency warranting immediate action to be taken, in
respect of powers not vest ed 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
14 THE SARDAR PATEL UNIVERSITY MANDI, HIMACHAL PRADESH
(ESTABLISHMENT AND REGULATION) ACT, 2021
confirmation in its next following meeting but not later than sixty days, failing
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.
19. Pro -Vice-Chancellor.- (1) The Pro -Vice-Chancellor shall be a
whole time officer of the University. The Pro -Vice-Chancellor 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 -section (4) and (8), 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 offi ce 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 office, the
Pro-Vice-Chancellor shall continue in office untill 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 sixty five years.
(5) The Chancellor, by general or special order, may place the Pro -
Vice-Chancellor under suspension,-
(a) where an enquiry under sub -section (8) of thi s section is
contemplated or is pending; or
(b) where, in the opinion of the Chancellor, he 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 office will prejudice the
investigation, inquiry or trial (e.g. apprehended tempering
with documents or to influence witnesses).
(6) 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 addition, dearness allowance, if admissible on the basis of
such leave salary:
THE SARDAR PATEL UNIVERSITY MANDI, HIMACHAL PRADESH 15
(ESTABLISHMENT AND REGULATION) ACT, 2021
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:-
(a) 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;
(b) 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, i f, 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
(c) the rate of dearness allowance shall be based on the increased
or, as the ca se may be, the decreased amount of subsistence
allowance admissible under clause (a) and (b).
(7) No payment under sub -section (6) shall be made unless the Pro -
Vice-Chancellor furnishes a certificate that he is not engaged in any other
employment, business, profession or vocation.
(8) If, in the opinion of the Chancellor, the Pro -Vice-Chancellor
wilfully 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 th e 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 remove the Pro -Vice-Chancellor after giving
him an opportunity of showing cause against the action proposed to be taken
against him:
Provided that in the event of taking any action on a report of an
enquiry under section 10 or section 12 of this Act, as the case may be, no
further enquiry shall be necessary under this subsection but the Pro -Vice-
Chancellor shall be afforded an opportunity of being heard after making him
available a copy of enquiry report.
(9) The Pro -Vice-Chancellor may, by writing under his hand
addressed to the Chancellor, resign his office. The resignation shall b e
delivered to the Chancellor ordinarily at least sixty 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.
20. Powers and duties of the Pro -Vice-Chancellor.- (1) Subject to
the control and supervision of the Vice -Chancellor, the Pro -Vice-Chancellor
16 THE SARDAR PATEL UNIVERSITY MANDI, HIMACHAL PRADESH
(ESTABLISHMENT AND REGULATION) ACT, 2021
shall perform such duties and exercise such powers as may be conferred upon
him under the Act or the Statute s 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.
21. Dean of Faculty. - There shall be a Dean for each Faculty who
shall be appointed in such manner and exercise such powers and perform such
duties as may be prescribed by the Statutes.
22. 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 Ordinances of the University, the Registrar shall be appointed by the
State Government from amongst the officers who have put in atleast five
years service in the Indian Administra tive Services or atleast nine years
service in Himachal Pradesh Administrative Services or any other officer as
may be prescribed in the Statutes, under the State Government, failing which
by selection from amongst those eligible under the existing provisi ons 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.
23. Controller of Examination. - There shall be a Controller of
Examination 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
in such other manner and shall exercise such powers and perform such
functions as may be prescribed by the Statutes.
24. Finance Officer.- (1) There shall be a 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 Ordinances of University, the Finance Officer shall be appointed by the
State Government from amongst the officers of the Himachal Pradesh State
Subordinate Accounts Services (Ordinary Branch), not below the rank of
Controller, failing which by selection from amongst those eligible under the
provision of the First Ordinance of the University.
(3) The Finance Officer shall exercise such powers and perform such
duties, as may be prescribed by the Statutes.
25. Powers and duties of other officers. - The appointment,
conditions of service and powers, functions and du ties of officers of the
THE SARDAR PATEL UNIVERSITY MANDI, HIMACHAL PRADESH 17
(ESTABLISHMENT AND REGULATION) ACT, 2021
University other than the Chancellor shall be such as may be prescribed by the
Statutes and the Ordinances.
26. Authorities of the University. - The following shall be the
authorities of the University:-
(i) the Court;
(ii) the Executive Council;
(iii) the Academic Council;
(iv) the Faculties;
(v) the Finance Committee; and
(vi) such other Boards and Committees as may be declared by the
Statutes to be the authorities of the University.
27. The Court. - There shall be a Court of not more than sixty five
members and its constitution and the term of office of its members shall be, as
prescribed by the Statutes.
28. Powers and functions of the Court.- Subject to the provisions of
this Act, the Court shall have the following powers and functions, namely:-
(i) to review from time to time the broad policies and
programmes of the University and to suggest measures for the
improvement and development of such policies and
programmes;
(ii) to consider and pass resolutions on the annual re port and the
annual accounts together with the audited report of the
University; and
(iii) to exercise all the powers of the University not otherwise
provided for by this Act or the Statutes.
29. Executive Council. - (1) The Executive Council shall be the
Executive Body of the University and shall consist of the following
members:-
Ex-officio Members
(i) the Vice-Chancellor;
(ii) the Pro-Vice-Chancellor;
(iii) the Secretary (Finance) to the Government or his
representative;
(iv) the Secretary (Education) to the Government or his
representative;
(v) the Director of Higher Education, Himachal Pradesh;
(vi) Registrar Member Secretary;
18 THE SARDAR PATEL UNIVERSITY MANDI, HIMACHAL PRADESH
(ESTABLISHMENT AND REGULATION) ACT, 2021
Other Members
(vii) two Deans of Faculty to be nominated by rotation by the
Vice-Chancellor;
(viii) two Principals of affiliated colleges/colleges maintained by
the University by rotation on the basis of seniority of whom
one shall be the Principal of a Government College;
(ix) one member to be elected by the Court from amongst its
members who is not a teacher or an e mployee or a student in
the University;
(x) one member to be elected by the Academic Council from
amongst its member other than students and employees of the
University;
(xi) one professor of the University by rotation on the basis of
seniority to be nominated by the Vice-Chancellor;
(xii) one person to be nominated by the State Government;
(xiii) one representative of students and one representative of non -
teaching employees to be nominated for a period of one year
at a time in the manner prescribed by the Statutes;
(xiv) two persons to be nominated by the Chancellor out of the
persons having special knowledge, or practical experience in
respect of such matters as art, literature, law, science and
administration or social service;
(xv) one representa tive of the Assistant Professors of colleges
affiliated to the University to be chosen by direct elections;
(xvi) one representative of the Assistant Professors of the
University and Assistant Professors of the Distance Education
or Correspondence Courses chosen by direct election; and
(xvii) one representative of the Associate Professors of the
University by rotation on the basis of integrated seniority of
Associate Professors of all wings of the University viz. Post-
Graduate Centre and Distance Educatio n or Correspondence
Courses including its Principal.
(2) Save as otherwise provided and except the ex-officio members, all
other members shall hold office for a period of two years from the date of
their election or nomination, as the case may be:
Provided that no person nominated or elected in his capacity as a
member of a particular body or as a holder of a particular appointment shall
be a member after he ceases to be a member of that body or holder of that
appointment, as the case may be:
Provided furth er that any member, other than ex -officio members
shall cease to be a member of the Executive Council if he absents himself
THE SARDAR PATEL UNIVERSITY MANDI, HIMACHAL PRADESH 19
(ESTABLISHMENT AND REGULATION) ACT, 2021
from more than three consecutive meetings of the Executive Council without
leave ofExcerpt shown. Open the full act in Lexace.