LexThe Chitkara University (Establishment and Regulation) Act, 2008
Himachal Pradesh · state statute
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THE CHITKARA UNIVERSITY (ESTABLISHMENT AND
REGULATION) ACT, 2008
ARRANGEMENT OF SECTIONS
Sections:
1. Short title and commencement.
2. Definitions.
3. The objects of the University.
4. Incorporation.
5. Powers and Functions.
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 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. Filling of casual vacancies.
25. Committees.
26. The First Statutes.
2 THE CHITKARA UNIVERSITY (ESTABLISHMENTAND REGULAT ION) ACT, 2008
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 and savings.
46. Repeal of Ordinance No. 3 of 2008 and savings.
____________
THE CHITKARA UNIVERSITY (ESTABLISHMENTAND
REGULATION) ACT, 2008
(ACT NO. 2 OF 2009) 1
(Received the assent of the Governor on the 21 st January, 2009 and was
published both in Hindi and English in the Rajpatra , Himachal Pradesh, dated
28 th January, 2009, pp. 7155-7222).
An Act to provide for establishment, incorporation and regulation of
Chitkara University in the State for higher educati on 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 Prad esh dated 20 th December,
2008, pp. 6400-6401and 6431-6432.
THE CHITKARA UNIVERSITY (ESTABLISHMENTAND REGULATION) ACT, 2008 3
Amended, repealed or otherwise affect by,-
(i) H.P. Act No. 19 of 2011 1 assented to by the Governor on
the 31 st January, 2011, published in the Rajpatra, Himachal
Pradesh both in Hindi and English on 5 th February, 2011,
pp. 8775-8778.
(ii) H.P. Act No. 19 of 2012 2 assented to by the Governor on
the 3 rd May, 2012, published in the Rajpatra, Himachal
Pradesh both in Hindi and English on the 7 th May,
2012,.pp. 856-862.
(iii) H.P. Act No. 8 of 2013 3 assented to by the Governor on the
5th January, 2013, published in the Rajpatra, Himachal
Pradesh both in Hindi and English on the 14 th January,
2013, pp. 5895-5896, effective from 29 th April, 2008.
(iv) H.P. Act No. 25 of 2013 4assented to by the Governor on
the 24 th May, 2013, published both in Hindi and English in
the Rajpatra, Himachal Pradesh, dated 5 th June, 2013, pp.
1446-1447, effective from 29 th April, 2008.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Fifty-ninth Year of the Republic of India as follows:-
1. Short title and commencement. - (1) This Act may be called the
Chitkara University (Establishment and Regulation) Act, 2008.
(2) It shall be deemed to have come into force on 2 9 th day of April,
2008.
2. Definitions .-In this Act, unless the context otherwise requires,—
(a) “Board of Management” means the Board of Manag ement
constituted under section 19 of this Act;
(b) “campus” means the area of University within w hich it is
established;
1. Passed in Hindi by the Himachal Pradesh VidhanSa bha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh, dat ed 21 st December, 2010, pp.
7626 and 7629.
2. Passed in Hindi by the Himachal Pradesh VidhanSa bha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh dated 9 th April, 2012, pp. 392 and
396.
3. Passed in Hindi by the Himachal Pradesh Vidhan S abha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh dated 30 th August, 2012, pp. 3186
and 3187.
4. Passed in Hindi by the Himachal Pradesh VidhanSa bha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh, dat ed 3 rd April, 2013, pp. 72 and
73.
4 THE CHITKARA UNIVERSITY (ESTABLISHMENTAND REGULAT ION) ACT, 2008
(c) “distance education” means education imparted by
combination of any two or more means of communicati on,
viz. broadcasting, telecasting, correspondence cour ses,
seminars, contact programmes and any other such
methodology;
(d) “employee” means any person appointed by the U niversity
and includes teachers and other staff of the University;
(e) “fee” means monetary collection made by the Un iversity or
its colleges, institutions or study centers, as the case may
be, from the students by whatever name it may be ca lled,
which is not refundable;
(f) “Government” or “State Government” means the
Government of Himachal Pradesh;
(g) “Governing Body” means the Governing Body const ituted
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 st udents 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 i n the Official
Gazette;
(k) “off campus centre” means a centre of the Univ ersity
established by it outside the main campus operated and
maintained as its constituent unit, having the Univ ersity’s
complement of facilities, faculty and staff;
(l) “Official Gazette” means the Rajpatra, Himacha l Pradesh;
(m) “prescribed” means prescribed by rules made un der 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, su ch 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 an d
Accreditation, Indian Council of Agriculture Resear ch,
Distance Education Council, Council of Scientific a nd
Industrial Research
1[, the Himachal Pradesh Private
Educational Institutions Regulatory Commission] etc . and
includes the Government;
1. Inserted vide H.P. Act No. 19 of 2012.
THE CHITKARA UNIVERSITY (ESTABLISHMENTAND REGULATION) ACT, 2008 5
(o) “section” means a section of this Act;
1[(p) “sponsoring body” means the Chitkara Educatio nal Trust,
Chandigarh, registered under the Indian Trust Act, 1882
and includes its subsidiary branch to be registered in
Himachal Pradesh within a period of six months from the
date of Commencement of the Chitkara University
(Establishment and Regulation) Amendment Act, 2010;]
(q) “State” means State of Himachal Pradesh;
(r) “statutes”, “ordinances” and “regulations” mea n
respectively, the statutes, ordinances and regulati ons of the
University made under this Act;
(s) “student” means a person enrolled in the Unive rsity for
taking a course of study for a degree, diploma or o ther
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 adv ising,
counseling 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 res earch or
to render guidance in any form to the student for p ursuing a
course of study of the University; and
(v) “University” means Chitkara University, Himach al
Pradesh, Solan;
2[(w) “Regulatory Commission” means the Himachal Pra desh
Private Educational Institutions Regulatory Commiss ion,
established under section 3 of the Himachal Pradesh Private
Educational Institutions (Regulatory Commission) Ac t,
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 in tellectual
abilities;
(b) to establish facilities for education and trai ning;
(c) to carry out teaching, research and offer cont inuing
education programmes;
1. Clause (p) substituted vide H.P. Act No. 19 of 2011.
2. Clause (w) inserted vide H.P. Act No. 19 of 2012 .
6 THE CHITKARA UNIVERSITY (ESTABLISHMENTAND REGULAT ION) ACT, 2008
(d) to create centres of excellence for research a nd
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 a nd other
academic distinctions on the basis of examination o r any
such other method; while doing so, the University s hall
ensure that the standards of degrees, diplomas, cer tificates
and other academic distinctions are not lower than those
laid down by regulating bodies; and
(h) to set up off campus centres, subject to appli cable rules or
regulations;
1[(i) to engage in areas of specialization with prov en ability to
make distinctive contributions to the objectives of the
University education system that is academic engage ment
clearly distinguishable from programmes of an ordin ary
nature that lead to conventional degrees in arts, s cience,
engineering, medicine, dental, pharmacy, management , etc.
routinely offered by conventional institutions; and
(j) to establish broad-based and viable under grad uate, post
graduate and research programmes in several discipl ines
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 al l 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 Chitkara University, Himachal Pradesh, Solan.
(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
Kallujhanda (Barotiwala), Distt. Solan, Himachal Pradesh.
5. Powers and functions.- The University shall have the following
powe rs and functions, namely:-
(i) to make provisions and adopt all measures (incl uding
adoption and updating of the curricula) in respect of study,
1. Clauses (i)and (j) inserted vide H.P. Act No. 19 of 2012.
2. Clause (k) inserted vide H.P. Act No. 8 of 2013, effective from 29 th April, 2013.
THE CHITKARA UNIVERSITY (ESTABLISHMENTAND REGULATION) ACT, 2008 7
teaching and research, relating to the courses thro ugh
traditional as well as new innovative modes includi ng on-
line education mode;
(ii) to institute and confer degrees, diplomas, ce rtificates,
awards, grades, credits and academic distinctions;
(iii) to conduct and hold examinations;
(iv) to provide for the degrees, diplomas, certifi cates,
equivalent or corresponding to the degrees, diploma s,
certificates of other recognized Universities, Boar ds or
Councils;
(v) to take all necessary measures for setting up campuses;
(vi) to set up central library, departmental libra ries, museums
and allied matters;
1[ xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx]
(viii) to institute and award fellowships, scholar ships,
studentships as may be specified;
(ix) to take special measures for spreading educat ional facilities
among the educationally backward strata of the Society ;
(x) to encourage and promote sports and martial ar ts;
(xi) to create technical, administrative, minister ial and other
necessary posts and to make appointments thereto;
2[(xi-a) the sponsoring body/university shall appoin t 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;]
(xii) to undertake research projects on mutually a cceptable terms
and conditions in respect of agriculture, industry and
business;
(xiii) to provide consultancy services;
(xiv) to frame statutes, ordinances and regulation s for carrying
out the objects of the University in accordance wit h the
provisions of the Act;
(xv) to encourage and promote co-curricular activi ties for
personality development of the teachers, students a nd
employees of the University;
(xvi) to provide for dual degrees, diplomas or cer tificates vis-a--
vis other Universities on reciprocal basis within and outside
1. Clause (vii) omitted vide H.P. Act No. 19 of 201 1.
2. Clause (xi-a) inserted vide H.P. Act No. 19 of 2 011.
8 THE CHITKARA UNIVERSITY (ESTABLISHMENTAND REGULAT ION) ACT, 2008
the country as per instructions of the State Govern ment,
Government of India and University Grant Commission;
(xvii) to make such provisions for integrated cour ses in different
disciplines in the educational programmes of the
University;
1[(xviii) to set-up colleges, institutions, off-cam pus centres, off-
shore campus, study centres or to start distance ed ucation,
after fulfilling the norms and regulations of the C entral
Government Regulatory Bodies and Central Government ,
issued from time to time, and after obtaining the s pecific
approval of the State Government;]
(xix) to receive donations, gifts and grants 2[except from parents
and students] and to acquire, hold, manage and disp ose of
any property, movable or immovable, including trust or
endowed property within or outside Himachal Pradesh for
the purpose and objects of the University and to in vest
funds in such manner as the University thinks fit;
(xx) to prescribe the fee structure for various co urses from time
to time as per provisions of this Act;
(xxi) to demand and receive payments of such fees and other
charges as may be specified from time to time;
(xxii) to seek collaboration with other institutio ns on mutually
acceptable terms and conditions;
(xxiii) to determine salaries, remunerations, honor aria to teachers
and employees of the University in accordance with the
norms, specified by the University Grants Commissio n and
the other regulatory bodies;
(xxiv) to organize and to undertake extra-mural te aching and
extension services;
(xxv) to establish and maintain Halls and Hostels;
(xxvi) to recognize, supervise and control Halls an d Hostels not
maintained by the University and other accommodatio n for
the residence of the students and to withdraw any s uch
recognition;
(xxvii) to regulate and enforce discipline among st udents and
employees of the University and to take such discip linary
measures as may be deemed necessary;
(xxviii) to make arrangements for promoting health and general
welfare of the students and the employees of the University;
1. Clause (xviii) substituted vide H.P. Act No. 19 of 2011.
2. Inserted vide H.P. Act No. 19 of 2011.
THE CHITKARA UNIVERSITY (ESTABLISHMENTAND REGULATION) ACT, 2008 9
(xxix) to co-operate with any other University in a nd outside the
country, authority or any public or private body ha ving in
view the promotion of purposes and objects similar to those
of the University for such purposes as may be agree d upon,
on such terms and conditions as may, from time to t ime, be
specified;
(xxx) to provide for the printing, reproduction an d publication of
research and other work, including text books, whic h may
be issued by the University; and
(xxxi) to do all such things as may be necessary, i ncidental or
conducive to the attainment of all or any of the ob jects of
the University.
6. University to be self-financed.- The University shall be self-
financed and it shall not be entitled to receive an y 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 crores rupees
which shall be pledged to the Government.
(2) The Endowment Fund shall be kept as security de posit to ensure
strict compliance of the provisions of this Act, ru les, regulations, statutes or
ordinances made thereunder.
(3) The Government shall have the powers to forfeit, in the prescribed
manner, a part or whole of the Endowment Fund in ca se the University or the
sponsoring body contravenes any of the provisions o f this Act, rules, statutes,
ordinances or regulations made thereunder.
(4) Income from Endowment Fund shall be utilised fo r the
development of infrastructure of the University but shall not be utilised to
meet out the recurring expenditure of the University.
(5) The amount of Endowment Fund shall be kept inve sted, until the
dissolution of the University, by way of Fixed Depo sit 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 Universi ty;
(b) any contribution made by the sponsoring body;
(c) any income received from consultancy and other works
undertaken by the University;
10 THE CHITKARA UNIVERSITY (ESTABLISHMENTAND REGULA TION) ACT, 2008
(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 payment of salaries and allowances of the
employees of the University and members of the teac hing
and research staff, and for payment of any Providen t Fund
contributions, gratuity and other benefits to such officers
and employees;
(b) for the expenses to be incurred by the Univers ity for
services availed including services like electricit y,
telephone etc.;
(c) for the payment of taxes or local levies where ver
applicable;
(d) for up keeping of the assets of the University ;
(e) for the payment of debts including interest ch arges thereto
incurred by the University;
(f) for the payment of travelling and other allowa nces to the
members of the Governing Body, the Board of
Management, the Academic Council, etc.;
(g) for the payment of fellowships, freeships, scho larships,
assistantships and other awards to students belongi ng to
economically weaker sections of the society or rese arch
associates or trainees, as the case may be, or to a ny student
otherwise eligible for such awards under the statut es,
ordinances, regulations or rules made under this Act;
(h) for the payment of the cost of audit of the fu nds created
under sections 8 and 9 of this Act;
(i) for the meeting of expenses of any suit or pro ceedings to
which University is a party;
(j) for the purpose of movable and immovable asset s;
(k) for the payment of any expenses incurred by th e University
in carrying out the provisions of this Act or the s tatutes,
ordinances, regulations or rules made thereunder; and
(l) for the payment of any other expenses as appro ved by the
Board of Management to be an expense for the purpos es of
the University:
1. Inserted vide H.P. Act No. 19 of 2011.
THE CHITKARA UNIVERSITY (ESTABLISHMENTAND REGULATION) ACT, 2008 11
Provided that no expenditure shall be incurred by t he University in
excess of the limits for total recurring expenditur e and total non-recurring
expenditure for the year, as may be fixed by the Bo ard 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 app roval of the Governing
Body.
1[Provided further that no portion of income and pro perty 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 o r to any of them or any
person claiming through them; provided that nothing herein contained shall
prevent the payment in good faith of remuneration t o any member thereof or
other person as consideration for any service rendered to the University or for
travelling or other 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 Unive rsity as may
be declared by the statutes to be the officers of t he
University.
12. The Chancellor .- (1) The Chancellor shall be appointed by the
sponsoring body for a period of three years, with t he approval of the
Government in such manner and on such terms and con ditions 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 meetin gs of the
Governing Body and convocation of the University fo r 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 wit h the
provisions of sub-section (7) of section 13 of this Act; and
(d) such other powers as may be specified by the st atutes.
1. Substituted vide H.P. Act No. 19 of 2012.
12 THE CHITKARA UNIVERSITY (ESTABLISHMENTAND REGULA TION) ACT, 2008
13. The Vice Chancellor.- (1) The Vice-Chancellor shall be appointed
by the Chancellor, on such terms and conditions 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 continu e to hold office
even after expiry of his term till new Vice-Chancel lor joins, however, in any
case, this period shall not exceed one year.
(2) The Vice-Chancellor shall be the principal exec utive and
academic officer of the University and shall have t he 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 c onvocation 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 of ficer 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 c onferred by this Act or
statutes, ordinances, regulations or rules made the reunder or is likely to be
prejudicial to the interests of the University, he shall request the concerned
authority to revise its decision within fifteen day s from the date of decision
and in case the authority refuses to revise such de cision wholly or partly or
fails to take any decision within fifteen days, the n 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 othe rwise and after
making such inquiry as may be deemed necessary, the situation so warrants
and if the continuance of the Vice-Chancellor is no t in the interests of the
University, the Chancellor may, by an order in writ ing stating the reasons
therein, ask the Vice-Chancellor to relinquish his office from such date as may
be specified in the order:
Provided that before taking an action under this sub-section, the Vice-
Chancellor shall be given an opportunity of being heard.
THE CHITKARA UNIVERSITY (ESTABLISHMENTAND REGULATION) ACT, 2008 13
14. The Registrar .- (1) The Registrar shall be appointed by the
Chancellor in such manner and on such terms and con ditions of service as
may be specified by the statutes.
(2) The Registrar shall have power to enter into ag reement, contract,
sign documents and authenticate records on behalf o f 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 Officer shall ex ercise 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 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
(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 techno logy from
outside the University, nominated by the Chancellor;
(e) two persons, nominated by the Government; and
1. Substitutedfor the words “five” vide H.P. Act No . 19 of 2012.
14 THE CHITKARA UNIVERSITY (ESTABLISHMENTAND REGULA TION) ACT, 2008
(f) two members of the State Legislative Assembly, to be
elected by the State Legislature.
(2) The Governing Body shall be the supreme author ity of the
University.
(3) The Governing Body shall have the following powers, namely:-
(a) to provide general superintendence and directi ons 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 o f the University
in case they are not in conformity with the provisi ons of
this Act or the statutes, ordinances, regulations o r 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 remai n
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[(b) Deans of Faculties not exceeding two (by rota tion 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 th e
Government in consultation with the Regulatory
Commission;]
2[(e) two persons from amongst the teachers (from P rofessors,
Associate Professors), by rotation based on seniority; and
(f) the Registrar shall be the Member Secretary.]
1. Clauses (b) to (d) substituted vide H.P. Act No . 19 of 2012.
2. Clauses (e) and (f) inserted vide H.P. Act No. 19 of 2012.
THE CHITKARA UNIVERSITY (ESTABLISHMENTAND REGULATION) ACT, 2008 15
(2) The Vice-Chancellor shall be the Chairperson of the Board of
Management.
(3) The powers and functions of the Board of Manage ment shall be
such as may be specified by the statutes.
(4) The Board of Management shall meet at least onc e in every two
months.
(5) The quorum for meetings of the Board of Managem ent shall be
five.
1[(6) The Board of Management of the University shal l be
independent of the Sponsoring Body with full autono my 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 ma y 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-ordinat e 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 sh all 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,-
(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 mo ral
turpitude; or
(d) is conducting or engaging himself in private c oaching
classes; or
(e) has been punished for indulging in or promotin g unfair
practice in the conduct of any examination, in any form,
anywhere.
1. Sub-section (6) inserted vide H.P. Act No. 19 o f 2012.
16 THE CHITKARA UNIVERSITY (ESTABLISHMENTAND REGULA TION) ACT, 2008
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. Filling 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, a s early as possible, by the
person or body who appoints or nominates the member whose place become
vacant and person appointed or nominated to a casua l 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 refere nce as may be necessary
for specific tasks to be performed by such committees.
(2) The constitution of such committees and their d uties 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 o f 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 constitute d from
time to time;
(b) the terms and conditions of appointment of the Vice-
Chancellor and his powers and functions;
(c) the manner of appointment and terms and conditi ons of
service of the Registrar and Chief Finance and Acco unts
Officer and their powers and functions;
(d) the manner of appointment and terms and condit ions of
service of the employees and their powers and functions;
(e) the terms and conditions of service of employe es of the
University;
(f) the procedure for arbitration in case of dispu tes between
employees, students and the University;
1[ xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx]
(h) the provisions regarding exemption of students 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;
1. Clause (g) omitted vide H.P. Act No. 19 of 2011 .
THE CHITKARA UNIVERSITY (ESTABLISHMENTAND REGULATION) ACT, 2008 17
(j) provisions regarding fees to be charged from t he students;
and
(k) provisions regarding number of seats in differ ent 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 Statues.-(1) Subject to the provisions of this Act
and the rules made thereunder, the subsequent statu tes 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 r estructuring
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 o f this Act are
to be specified by the statutes.
(2) The statutes of the University other than the F irst 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 stat utes 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, powe rs or constitution of any
existing authority of the University until such aut hority has been given an
opportunity of expressing an opinion on the proposa l, and any opinion so
expressed shall be in writing and shall be considered by the Governing Body.
(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 Gove rning Body as it deems
18 THE CHITKARA UNIVERSITY (ESTABLISHMENTAND REGULA TION) ACT, 2008
appropriate for the furtherance of the objects of t he University and such
ordinances may provide for all or any of the following matters, namely:—
(a) the admission of students to the University an d their
enrolment as such;
(b) the courses of study to be laid down for the d egrees,
diplomas and certificates of the University;
(c) the award of the degrees, diplomas, certificat es and other
academic distinctions, the minimum qualifications f or the
same and the means to be taken relating to the gran ting and
obtaining of the same;
(d) the conditions for awarding of fellowships, sc holarships,
stipends, medals and prizes;
(e) the conduct of examinations, including the ter ms of office
and manner of appointment and the duties of examini ng
bodies, examiners and moderators;
(f) fees to be charged for the various courses, ex aminations,
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 functions of any other body
which is considered necessary for improving the aca demic
life of the University;
(j) the manner of co-operation and collaboration w ith other
Universities and institutions of higher education; and
(k) all other matters which by this Act or statute s 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 Go verning Body and shall
return the ordinances alongwith such reasons, if an y, to the Governing Body
and on receipt of the same, the Governing Body shal l consider the comments
of the Board of Management and shall approve the or dinances of the
University with or without such modifications and t hen 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 Coun cil which after being
approved by the Board of Management shall be submit ted to the Governing
Body for its approval.
(2) The Academic Council shall either modify the or dinances
incorporating the suggestions of the Board of Management and the Governing
THE CHITKARA UNIVERSITY (ESTABLISHMENTAND REGULATION) ACT, 2008 19
Body or give reasons for not incorporating the sugg estions, and shall return
the ordinances alongwith such reasons, if any, the Board of Management and
the Governing Body shall consider the comments of t he Academic Council
and shall approve the ordinances of the University with or without such
modification and then the ordinances, as approved b y 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 ma de 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 qualify ing examination for
admission and achievements in co-curricular and ext ra-curricular activities or
on the basis of marks or grade obtained in the entr ance 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 Backwa rd Classes and
handicapped students, shall be reserved as per the policy of the State
Government.
(4) At least 25% seats for admission to each course shall be reserved
for students who are bonafideHimachalis.
1[(5) The University shall seek prior approval of th e 2[Regulatory
Commission] for admitting new students in subsequen t 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.]
32. Fee structure.-( 1) The University may, from time to time,
prepare and revise, its fee structure and send it t o the Government for its
approval 3[before 31 st December of every preceding academic year alongwi th
the approval of courses granted by the Regulatory C ommission] and the
Government shall convey the approval within 4[three months] from the receipt
of the proposal:
5[xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx]
1. Sub-section (5) inserted vide H.P. Act No. 19 of 2011.
2. Substituted for the words “State Government” vid e H.P. Act No. 19 of 2012 .
3. Inserted vide H.P. Act No. 19 of 2012 .
4. Substituted for the words “one month”vide H.P. A ct No. 19 of 2011.
5. Proviso omitted vide H.P. Act No. 19 of 2012 .
20 THE CHITKARA UNIVERSITY (ESTABLISHMENTAND REGULA TION) ACT, 2008
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 sh all be considered
by a committee to be constituted by the State Gover nment, in the manner as
may be prescribed, which shall submit its recommend ations to the
Government after taking into consideration whether the proposed fee is,-
(a) sufficient for generating-(i) Resources for mee ting the
recurring expenditure of the University; and (ii) T he
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 un der 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,
Schedule of Examinations for each and every course conducted by it and shall
strictly adhere to such Schedule.
Explanation :— Schedule of Examination means a table giving det ails
about the time, day and date of the commencement of each paper which is a
part of a Scheme of Examinations and shall also inc lude the details about the
practical examinations:
Provided that if, for any reason whatsoever, Univer sity is unable to
follow this Schedule, it shall, as soon as practica ble, submit a report to the
1[Regulatory Commission] giving the detailed reasons for making a departure
from the published Schedule of Examination. The 2[Regulatory Commission]
may, thereon, issue such directions as it may deem fit for better compliance in
future.
34. Declaration of Results.-(1) The University shall strive to declare
the results of every examination conductedExcerpt shown. Open the full act in Lexace.