LexThe Arni University (Establishment and Regulation) Act, 2009
Himachal Pradesh · state statute
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THE ARNI UNIVERSITY(ESTABLISHMENT AND REGULATION)
ACT, 2009
ARRANGEMENT OF SECTIONS
Sections:
1. Short title and commencement.
2. Definitions.
3. The objects of the University.
4. Incorporation.
5. Powers and functions of the University.
6. University to be self-financed.
7. No power of affiliation.
8. Endowment Fund.
9. General Fund.
10. Application of General Fund.
11. Officers of the University.
12. The Chancellor.
13. The Vice-Chancellor.
14. The Registrar.
15. The Chief Finance and Accounts Officer.
16. Other officers.
17. Authorities of the University.
18. The Governing Body.
19. The Board of Management.
20. The Academic Council.
21. Other authorities.
22. Disqualifications.
23. Vacancies not to invalidate the proceedings of any authority or
body of the University.
24. Filling of casual vacancies.
25. Committees.
26. The first statutes.
27. The subsequent statutes.
28. The first ordinances.
29. The subsequent ordinances.
2 THE ARNI UNIVERSITY(ESTABLISHMENT AND REGULATION) ACT, 2009
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.
___________
THE ARNI UNIVERSITY (ESTABLISHMENT AND REGULATION)
ACT, 2009
(ACT NO. 23 OF 2009) 1
(Received the assent of the Governor on the 22 nd September, 2009 and
was published in Hindi and English in R.H.P.dated 25.9.2009, p. 4156-4192)
An Actto provide for establishment, incorporation and regulation of Arni
University in the State for higher education and to regulate its
functioning and for matters connected therewith or incidental
thereto.
Amended, repealed or otherwise affect by,-
(i) H.P. Act No. 12 of 2011
2, assented to by the Governor on the 22 nd
January, 2011, published both in Hindi and English in Rajpatra,
Himachal Pradesh on 28 th January, 2011 at pages 8389-8392.
(ii) H.P. Act No. 17 of 2012 1 assented to by the Governor on the 3 rd
May, 2012, published both in Hindi and English in R ajpatra,
Himachal Pradesh on the 7 th May, 2012 at pages 873-878.
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. dated 20.8.2009, p. 2787 & 2804.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sa bha. For Statement of Objects
and Reasons, see R. H. P., dated 9.4.2012, p. 364 &367.
THE ARNI UNIVERSITY(ESTABLISHMENT AND REGULATION) ACT, 2009 3
(iii) H.P. Act No. Act No. 9 of 2013 2 assented to by the Governor on
the 5 th January, 2013, published both in Hindi and English in
Rajpatra, Himachal Pradesh on 15.1.2013, at Pages 5 956-5957.
Effective w.e.f. 4.11.2009.
(iv) H.P. Act No. Act No. 36 of 2013 3 assented to by the Governor on
the 24 th May, 2013, published both in Hindi and English in
Rajpatra, Himachal Pradesh dated 5 th June, 2013 at pages 1461-
1462. Effective w.e.f. 4.11.2009.
BE it enacted by the Legislative Assembly of Himachal Pra desh in the
Sixtieth Year of the Republic of India as follows:—
1. Short title and commencement.—(1) This Act may be called the
Arni University (Establishment and Regulation) Act, 2009.
(2)It shall come in to force on such date 4 as the State Government may,
by notification in the Official Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “Board of Management” means the Board of Manag ement
constituted under section 19;
(b) “campus” means the area of University within w hich it is
established;
(c) “distance education” means education imparted by combination
of any two or more means of communication, viz. bro adcasting,
telecasting, correspondence courses, seminars, cont act
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 cas e may be, from
the students by whatever name it may be called, whi ch is not
refundable;
(f) “Government” means the Government of Himachal Pradesh;
(g) “Governing Body” means the Governing Body cons tituted under
section 18;
1. Passed in Hindi by the Himachal Pradesh Vidhan Sa bha. For Statement of Objects
and Reasons, see R. H. P., dated 29.8.2012, p. 3159 &3160.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. dated 29.8.2012, P. 3159 & 3160.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. dated 5.4.2013, P. 142 & 143.
4. The Act come into force w.e.f. 4 th day of November, 2009 vide Not. No. EDN-A-
Ka(1)-23/2007 dated 3.11.2009, published in R.H.P. dated 4.11.2009 p. 5074.
4 THE ARNI UNIVERSITY(ESTABLISHMENT AND REGULATION) ACT, 2009
(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 in the Official
Gazette;
(k) “off campus centre” means a centre of the Unive rsity established
by it outside the main campus operated and maintain ed as its
constituent unit, having the University’s complemen t of facilities,
faculty and staff;
(l) “Official Gazette” means the Rajpatra of Himac hal 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, such as Uni versity
Grants Commission, All India Council of Technical E ducation,
National Council of Teacher Education, Medical Council of India,
Pharmaceutical Council of India, National Council of Assessment
and Accreditation, Indian Council of Agriculture Re search,
Distance Education Council, Council of Scientific a nd Industrial
Research 1[the Himachal Pradesh Private Educational Instituti ons
Regulatory Commission]etc. and includes the Government;
(o) “section” means a section of this Act;
2[(p) “sponsoring body” means K. D. Educational Trus t, New Delhi,
registered underthe Indian Trust Act, 1882 and incl udes its
subsidiary branch to be registered inHimachal Prade sh within a
period of six months from the date of commencement ofthe Arni
University (Establishment and Regulation) Amendment Act,
2010;]
(q) “State” means State of Himachal Pradesh;
(r) “statutes”, “ordinances” and “regulations” mean s respectively, the
statutes, ordinances and regulations of the Univers ity made under
this Act;
1 Ins. vide Act No. 17 2012.
2. Clause (p) subs. Vide Act No. 12 of 2011..
THE ARNI UNIVERSITY(ESTABLISHMENT AND REGULATION) ACT, 2009 5
(s) “student” means a person enrolled in the Unive rsity for taking a
course of study for a degree, diploma or other acad emic
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 re quired by the
students in the context of distance education;
(u) “teacher” means a Professor, Reader, Lecturer or any other person
required to impart education or to guide research o r to render
guidance in any form to the students for pursuing a course of
study of the University; and
(v) “University” means Arni University at Kathgarh (Indora) District
Kangra, Himachal Pradesh.
1[(w) “Regulatory Commission” means the Himachal Pr adesh Private
EducationalInstitutions Regulatory Commission, esta blished
under section 3 of the HimachalPradesh Private Educ ational
Institutions (Regulatory Commission) Act, 2010 (Act No. 15 of
2011).]
3. The objects of the University.— The objects of the University
shall include,—
(a) to provide instructions, teaching and training in higher education
with a view to create higher levels of intellectual abilities;
(b) to establish facilities for education and train ing;
(c) to carry out teaching, research and offer conti nuing education
programmes;
(d) to create centres of excellence for research an d 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 an d other academic
distinctions on the basis of examination or any suc h other
method; while doing so, the University shall ensure that the
standards of degrees, diplomas, certificates and ot her academic
1 Clause (w) Ins. vide Act No. 17 2012.
6 THE ARNI UNIVERSITY(ESTABLISHMENT AND REGULATION) ACT, 2009
distinctions are not lower than those laid down by regulating
bodies; and
(h) to set up off campus centres, subject to applic able rules or
regulations.
1[(i) to engage in areas of specialization with pro ven ability to make
distinctivecontributions to the objectives of the U niversity
education system that is academicengagement clearly
distinguishable from programmes of an ordinary natu re that lead
toconventional degrees in arts, science, engineerin g, medicine,
dental, pharmacy,management, etc. routinely offered by
conventional institutions;
(j) to establish broad-based and viable under gra duate, post graduate
and researchprogrammes in several disciplines with firm
interdisciplinary orientation and linkages;and]
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 Arni University, at Kathgarh (Indora) Distr ict Kangra Himachal
Pradesh.
(2) The University shall have perpetual succession and a common seal
and shall sue and be sued by the said name.
(3) The University shall situate and have its headq uarters at Kathgarh
(Indora), District Kangra, Himachal Pradesh.
5. Powers and functions of the University.— The University shall
have the following powers and functions, namely:—
(i) to make provisions and adopt all measures (inc luding adoption
and updating of the curricula) in respect of study, teaching and
research, relating to the courses through tradition al as well as
new innovative modes including 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;
1Clauses (i) and (j) ins. vide Act No. 17 of 2012.
2 Clause (k) ins. vide Act No. 9 of 2013..
THE ARNI UNIVERSITY(ESTABLISHMENT AND REGULATION) ACT, 2009 7
(iv) to provide for the degrees, diplomas, certifi cates, equivalent or
corresponding to the degrees, diplomas, certificate s of other
recognized Universities, Boards 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[(vii) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx]
(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 art s;
(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
employeesfor the university and the salary of the e mployees
shall be deposited in the bankaccount of the employ ees every
month;]
(xii) to undertake research projects on mutually ac ceptable 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 with th e provisions
of this 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-à-vis
other Universities on reciprocal basis within and o utside the
country subject to norms and instructions of the St ate
Government, Government of India and University Gran ts
Commission;
(xvii) to make such provisions for integrated cour ses in different
disciplines in the educational programmes of the University;
3[(xviii) to set-up colleges, institutions, off-campus centr es, off-
shore campus, study centres or to start distance ed ucation,
1. Clause (vii) omitted vide Act No. 12 of 2011.
2. Clause (xi-a) ins. vide Act No. 12 of 2011.
3. Clause (xviii) subs. vide Act No. 12 of 2011.
8 THE ARNI UNIVERSITY(ESTABLISHMENT AND REGULATION) ACT, 2009
after fulfilling the norms and regulations of theCe ntral
Government Regulatory Bodies and Central Government ,
issued from time totime, and after obtaining the sp ecific
approval of the State Government;
(xix) to receive donations, gifts and grants 1[except from parents
andstudents ] and to acquire, hold, manage and dispose of any
property, movable or immovable, including trust or endowed
property within and outside Himachal Pradesh for th e purpose
and objects of the University and to invest funds i n 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 institution s 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 Commission and t he 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 such 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 or of the
colleges;
(xxix) to co-operate with any other University in and outside the
country, having purposes and objects similar to tho se of the
University, on such terms and conditions as may be agreed
upon; and
(xxx) 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.
1. Ins. vide Act No. 12 of 2011.
THE ARNI UNIVERSITY(ESTABLISHMENT AND REGULATION) ACT, 2009 9
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 for the development
of infrastructure of the University but shall not b e 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 f und 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 Univers ity;
(b) any contribution made by the sponsoring body;
(c) any income received from consultancy and other works
undertaken by the University;
(d) bequests, donations, 1[except from parents andstudents, ]
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 teaching and rese arch staff,
1. Ins. vide Act No. 12 of 2011.
10 THE ARNI UNIVERSITY(ESTABLISHMENT AND REGULATION ) ACT, 2009
and for payment of any Provident Fund contributions , gratuity
and other benefits to such officers and employees;
(b) for the expenses to be incurred by the Universi ty for services
availed including services like electricity, 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 cha rges 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 Managem ent, the
Academic Council, etc.;
(g) for the payment of fellowships, freeships, sch olarships,
assistantships and other awards to students belongi ng to
economically weaker sections of the society or research associates
or trainees, as the case may be, or to any student otherwise
eligible for such awards under the statutes, ordina nces,
regulations or rules made under this Act;
(h) for the payment of the cost of audit of the fun ds created under
sections 8 and 9;
(i) for the meeting of expenses of any suit or proc eedings to which
University is a party;
(j) for the purpose of movable and immovable assets ;
(k) for the payment of any expenses incurred by th e University in
carrying out the provisions of this Act or the stat utes, ordinances,
regulations or rules made thereunder; and
(l) for the payment of any other expenses as approv ed by the Board
of Management to be an expense for the purposes of the
University:
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 t he purpose specified
under sub-clause (e), be applied with the prior app roval of the Governing
Body.
THE ARNI UNIVERSITY(ESTABLISHMENT AND REGULATION) ACT, 2009 11
1[Provided further that no portion of income and pro perty of the
University shall bepaid or transferred directly or indirectly, by way of
dividend, bonus or otherwise,howsoever, by way of p rofit to the
persons who were at any time or are members of theU niversity or to
any of them or any person claiming through them; provided thatnothing
herein contained shall prevent the payment in good faith of
remuneration toany member thereof or other person as consideration for
any service rendered to theUniversity or for travel ling 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 the 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 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 wi th the
provisions of sub-section (7) of section 13; and
(d) such other powers as may be specified by the st atutes.
13. The Vice-Chancellor.— (1) The Vice-Chancellor shall be
appointed by the Chancellor, on such terms and cond itions as may be
specified by statutes, from a panel of three person s recommended by the
Governing Body and shall, subject to the provisions contained in sub-section
(7), hold office for a term of three years:
1. Ins. vide Act No. 17 of 2012.
12 THE ARNI UNIVERSITY(ESTABLISHMENT AND REGULATION ) ACT, 2009
Provided that after the expiry of the term of three years a person shall
be eligible for reappointment for another term of three years:
Provided further that Vice-Chancellor shall continue to hold office even
after expiry of his term till new Vice-Chancellor j oins; 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 the genera l superintendence and
control over the affairs of the University and shal l execute the decisions of
various authorities of the University.
(3) The Vice-Chancellor shall preside at the convoc ation of the
University in the absence of the Chancellor.
(4) If in the opinion of the Vice-Chancellor it is necessary to take
immediate action on any matter for which powers are conferred on any other
authority by or under this Act, he may take such action as he deems necessary
and shall, at the earliest opportunity, thereafter, report his action to such
officer or authority as would have in the ordinary course dealt with the matter:
Provided that if in the opinion of the concerned officer or authority such
action should not have been taken by the Vice-Chanc ellor, 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 days from the date of its 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 oth erwise 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 su b-section, the Vice-
Chancellor shall be given an opportunity of being heard.
THE ARNI UNIVERSITY(ESTABLISHMENT AND REGULATION) ACT, 2009 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 Chan cellor 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 the University.— The following shall be the
authorities of the University, namely:—
(i) the Governing Body;
(ii) the Board of Management;
(iii) the Academic Council; and
(iv) such other authorities as may be declared by t he 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 technol ogy from
outside the University, nominated by the Chancellor;
(e) two persons, nominated by the Government; and
1. Subs. for the words “five” vide Act No. 17 of 201 2.
14 THE ARNI UNIVERSITY(ESTABLISHMENT AND REGULATION ) ACT, 2009
(f) two members of the State Legislative Assembly, to be elected by
the State Legislature.
(2) The Governing Body shall be the supreme authori ty of the
University.
(3) The Governing Body shall have the following powers, namely:—
(a) to provide general superintendence and directio ns and to control
functioning of the University by using all such pow ers as are
provided by this Act or the statutes, ordinances, r egulations or
rules made thereunder;
(b) to review the decisions of other authorities of the University in
case they are not in conformity with the provisions of this Act or
the statutes, ordinances, regulations or rules made thereunder;
(c) to approve the budget and annual report of the University;
(d) to lay down the policies to be followed by the University;
(e) to recommend to the Sponsoring Body about the v oluntary
liquidation of the University if a situation arises when smooth
functioning of the University does not remain possible, in spite of
all efforts; and
(f) such other powers as may be prescribed by the s tatutes.
(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
eminenteducationists 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) subs. vide Act No. 17 2012.
2. Clauses (e) and (f) ins. vide Act No. 17 2012.
THE ARNI UNIVERSITY(ESTABLISHMENT AND REGULATION) ACT, 2009 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 Management shall be five.
1[(6) The Board of Management of the University shal l be independent
of theSponsoring Body with full autonomy to perform its academic and
administrative functions.]
20. The Academic Council.— (1) The Academic Council shall consist
of the Vice-Chancellor and such other members as 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 aca demic 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. Disqualification.— 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 comp etent court;
or
(b) is an undischarged insolvent; or
(c) has been convicted of any offence involving moral turpitude; or
(d) is conducting or engaging himself in private coaching classes; or
(e) has been punished for indulging in or promoting unfair practice in
the conduct of any examination, in any form, anywhere.
23. Vacancies not to invalidate the proceeding of a ny authority or
body of the University.— No act or proceeding of any authority or body of
1 Sub-section (6) ins. vide Act No. 17 2012.
16 THE ARNI UNIVERSITY(ESTABLISHMENT AND REGULATION ) ACT, 2009
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 duties shall be such as
may be specified by the statutes.
26. The first statutes.— (1) Subject to the provisions of this Act, and
the rules made thereunder, the first statutes of th e University may provide for
all or any of the following matters, namely:—
(a) the constitution, powers and functions of the a uthorities and other
bodies of the University as may be constituted from time to time;
(b) the terms and conditions of appointment of the Vice-Chancellor
and his powers and functions;
(c) the manner of appointment and terms and condit ions of service of
the Registrar and Chief Finance and Accounts Office r 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 disput es between
employees, students and the University;
1[(g) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx];
(h) the provisions regarding exemption of students from payment of
tuition fee and for awarding to them scholarships a nd
fellowships;
(i) provisions regarding the policy of admissions, including
regulation of reservation of seats;
1. Clause (g) deleted vide Act No. 12 of 2011.
THE ARNI UNIVERSITY(ESTABLISHMENT AND REGULATION) ACT, 2009 17
(j) provisions regarding fees to be charged from th e 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 l aid before the State
Legislative Assembly.
27. The subsequent statutes.— (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 an y 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
18 THE ARNI UNIVERSITY(ESTABLISHMENT AND REGULATION ) ACT, 2009
such first ordinances with the approval of the Gove rning Body as it deems
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 for the same
and the means to be taken relating to the granting 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 examining 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 agains t the students;
(i) the creation, composition and functions of any other body which
is considered necessary for improving the academic life of the
University;
(j) the manner of co-operation and collaboration 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 for by the ordinances.
(2) The Board of Management shall either modify the ordinances
incorporating the suggestions 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
THE ARNI UNIVERSITY(ESTABLISHMENT AND REGULATION) ACT, 2009 19
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
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 ordinanc es made thereunder, for the
conduct of their own business and of the committees appointed by them.
31. Admissions.— (1) Admission in the University shall be made
strictly on the basis of merit.
(2) Merit for admission in the University may be de termined 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 technic al 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 bonafide Himachalis.
1[(5) The University shall seek prior approval of th e 2[Regulatory
Commission] for admittingnew students in subsequent years in the existing
courses or for starting new courseswhich shall be s ubject to recommendations
of the inspection committee set up for thepurpose. This shall be applicable till
the first batch of final year students areadmitted.]
32. Fee structure.—( 1) The University may, from time to time, prepare
and revise, its fee structure and send it to the Go vernment for its approval
1. Sub-section (5) ins.vide Act No. 12 of 2011.
2. Subs. for the words “State Government” vide Act No. 17 of 2012.
20 THE ARNI UNIVERSITY(ESTABLISHMENT AND REGULATION ) ACT, 2009
1[before 31 st December of every preceding academic year alongwith the
approval of courses granted by the Regulatory Commi ssion]and the
Government shall convey the approval within 2[three months] from the receipt
of the proposal:
3[xxxxxxxxxxxxxxxxxxxxxx ],
Provided further that the fee structure for each co urse shall be decided
before the issue of prospectus and shall be reflected in the prospectus:
Provided further that the fee structure shall not b e 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 Governme nt, in the manner as may
be prescribed, which shall submit its recommendatio ns to the Government
after taking into consideration whether the proposed fee is,—
(a) sufficient for generating—
(i) resources for meeting the recurring expenditur e of the University;
and
(ii) the savings required for the further developm ent of the
University; and
(b) not unreasonably excessive.
(3) After receipt of the recommendations under sub- section (2), if the
Government is satisfied, it may approve the fee structure.
(4) The fee structure approved by the Government under sub-section (3)
shall remain valid until next revision.
33. Examinations.— At the beginning of each academic session and in
any case not later than 30
th of August of every calendar year, the University
shall prepare and publish a semester-wise or annual , as the case may be,
Schedule of Examinations for each and every course conducted by it and shall
strictly adhere to such Schedule :
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
4[Regulatory Commission] giving the detailed reasons for making a departure
from the published Schedule of Examination. The 5[Regulatory Commission]
may, thereon, issue such directions as it may deem fit for better compliance in
future.
1. Ins. vide Act No. 17 2012.
2. Sub. for the words “one month “.vide Act No. 12 o f 2011.
3. Proviso deleted “.vide Act No. 17 of 2012.
4. Sub. for the words “Government” vide Act No. 17 2012.
5. Sub. for the words “Government” vide Act No. 17 2012.
THE ARNI UNIVERSITY(ESTABLISHMENT AND REGULATION) ACT, 2009 21
Explanation .—Schedule of Examination means a table giving deta ils
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.
34. Declaration of results.— (1) The University shall strive to declare
the results of every examination conducted by it wi thin thirty days from the
last date of the examination for a particular cours e and shall in any case
declare the results latest within forty-five days from such date:
Provided that if, for any reason, whatsoever, the U niversity is unable to
finally declare the results of any examination with in the perioExcerpt shown. Open the full act in Lexace.