LexThe Baddi University of Emerging Sciences and Technology (Establishment and Regulation) Act, 2009
Himachal Pradesh · state statute
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THE BADDI UNIVERSITY OF EMERGING SCIENCES AND
TECHNOLOGY (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.
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.
27. The subsequent Statutes.
THE BADDI UNIVERSITY OF EMERGING SCIENCES AND TECHNOLOGY
(ESTABLISHMENT AND REGULATION) ACT, 2009
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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.
__________
THE BADDI UNIVERSITY OF EMERGING SCIENCES AND
TECHNOLOGY (ESTABLISHMENT AND REGULATION) ACT, 2009
(ACT NO. 21 OF 2009) 1
(Received the assent of the Governor on the 18 th September, 2009
and was published in Hindi and English in R.H.P. da ted 23.9.2009 at pages
4056-4074)
An Act to provide for establishment, incorporation and regulation of
Baddi University of Emerging Sciences and Technolog y in the
State for higher education and to regulate its func tioning and for
matters connected therewith or incidental thereto.
Amended, repealed or otherwise affect by,-
(i) H.P. Act No. 21 of 2011
2, assented to by the Governor on the
31 st January, 2011 published in Rajpatra, Himachal Prad esh
1. Passed in Hindi by the Himachal Pradesh Vidhan S abha. For Statement of Objects
and Reasons see R.H.P. dated 18.8.2009, p. 2627 & 2645.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha.For Statement of Objects
and Reasons, see R. H. P., dated 16.12.2010, p. 7364 & 7369.
THE BADDI UNIVERSITY OF EMERGING SCIENCES AND TECHNOLOGY
(ESTABLISHMENT AND REGULATION) ACT, 2009
3
both in Hindi and English on 5 th February, 2011 at pages
8782-8785.
(ii) H.P. Act No. 15 of 2012 1assented to by the Governor on the
3rd May, 2012 published in Rajpatra, Himachal Pradesh both
in Hindi and English on the 7 th May, 2012 at pages 846-851.
(iii) H.P. Act No. 6 of 2013 2assented to by the Governor on the 5 th
January, 2013 published in Rajpatra, Himachal Prade sh both
in Hindi and English on the 16 th January, 2013 at pages 6051-
6053.Effective w.e.f. 16.10.2009.
(iv) H.P. Act No. 33 of 2013 3assented to by the Governor on the
24 th May, 2013 published in Rajpatra, Himachal Pradesh
both in Hindi and English on the 5 th June, 2013 at pages
1457-1458 w.e.f. 16.10.2013.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Sixtieth Year of the Republic of India as follows:—
1. Short title and commencement.— (1) This Act may be called the
Baddi University of Emerging Sciences and Technolog y (Establishment and
Regulation) Act, 2009.
(2) It shall come into force on such date 4 as the State Government, 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 of this Act;
(b) “campus” means the area of University within wh ich it is
established;
(c) “distance education” means education imparted by combination
of any two or more means of communication, viz. broadcasting,
telecasting, correspondence courses, seminars, 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 Uni versity or its
colleges, institutions or study centres, as the cas e may be, from
1. Passed in Hindi by the Himachal Pradesh Vidhan S abha.For Statement of Objects
and Reasons, see R. H. P., dated.7.4.2012, pages 291 & 294.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. dated 31.8.2012, P. 3300 & 3301.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. dated 4.4.2013, P. 88 & 89.
4. The Act come into force w.e.f. 16th day of Octo ber, 2009 vide Not. No. EDN-A-
Gha(8)-14/2006 15th October, 2009 published in R.H.P dated 16.10.2009 p. 4717.
THE BADDI UNIVERSITY OF EMERGING SCIENCES AND TECHNOLOGY
(ESTABLISHMENT AND REGULATION) ACT, 2009
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the students by whatever name it may be called, whi ch is not
refundable;
(f) “Government” or “State Government” means the G overnment
of Himachal Pradesh;
(g) “Governing Body” means the Governing Body cons tituted
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 in 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, such as Uni versity
Grants Commission, All India Council of Technical E ducation,
National Council of Teacher Education, Medical Coun cil of
India, Pharmaceutical Council of India, National Co uncil of
Assessment and Accreditation, Indian Council of Agr iculture
Research, Distance Education Council, 1[ Council of Scientific
and Industrial Research, the Himachal Pradesh Priva te
Educational Institutions Regulatory Commission] etc . and
includes the Government;
(o) “section” means a section of this Act;
2[(p) “sponsoring body” means the Centre for Advanc ed Studies in
Engineering(CASE), New Delhi, registered under the Societies
Registration Act, 1860 and includes its subsidiary branch of
society to be registered in Himachal Pradesh within a period of
six months from the date of commencement of the Bad di
University of Emerging Sciences and Technology
(Establishment and Regulation) Amendment Act, 2010];
1. Subs. for the words “Council of Scientific and I ndian Research” vide Act No. 15 of
2012.
2. Clause (p) subs.vide Act No. of 2011.
THE BADDI UNIVERSITY OF EMERGING SCIENCES AND TECHNOLOGY
(ESTABLISHMENT AND REGULATION) ACT, 2009
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(q) “State” means State of Himachal Pradesh;
(r) “statutes”, “ordinances” and “regulations” mean respectively,
the statutes, ordinances and regulations of the Uni versity 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 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 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 students for pur suing a
course of study of the University; and
(v) “University” means Baddi University of Emergin g Sciences and
Technology, Baddi;
1[(w) “Regulatory Commission” means the Himachal Pr adesh Private
Educational Institutions Regulatory Commission, est ablished
under section 3 of the Himachal Pradesh Private Edu cational
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 in tellectual
abilities;
(b) to establish facilities for education and trai ning;
(c) to carry out teaching, research and offer cont inuing education
programmes;
(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 or any suc h other
method; while doing so, the University shall ensure that the
1. Clause (w) ins. vide Act No. 15 of 2012.
THE BADDI UNIVERSITY OF EMERGING SCIENCES AND TECHNOLOGY
(ESTABLISHMENT AND REGULATION) ACT, 2009
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standards of degrees, diplomas, certificates and ot her 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 pro ven ability to make
distinctive contributions to the objectives of the University
education system that is academic engagement clearl y
distinguishable from programmes of an ordinary natu re that
lead to conventional degrees in arts, science, engi neering,
medicine, dental, pharmacy, management, etc. routinely offered
by conventional institutions; and
(j) to establish broad-based, and viable under gra duate, 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 Baddi University of Emerging Sciences and T echnology, Baddi,
District Solan, Himachal Pradesh.
(2) The University shall have perpetual succession and a common seal
and shall sue and be sued by the said name.
(3) The University shall situate and have its head quarter at Baddi,
District Solan, Himachal Pradesh.
5. Powers and functions.— (1) The University shall have the
following powers and functions, namely:—
(i) to provide for instructions 3[XXXXXXXXXX] in such
branches of learning as the University may, from ti me to
time, determine, and to make provision for research and for
advancement and dissemination of knowledge and for
extension of education;
(ii) to conduct innovative experiments in modern m ethods and
technologies in the field of technical education in order to
1. Clauses (i) & (j) ins. vide Act No. 15 of 2012.
2. Clause (k) ins. vide Act No. 6 of 2013, w.e.f. 16.10.2009.
3. The words “including the method of distant educa tion” omittedvide Act No. 21 of
2011.
THE BADDI UNIVERSITY OF EMERGING SCIENCES AND TECHNOLOGY
(ESTABLISHMENT AND REGULATION) ACT, 2009
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maintain international standards of such education, training
and research;
(iii) to organize and to undertake extra-mural tea ching and
extension services;
(iv) to hold examinations and grant diplomas and c ertificates to
and confer degrees and other academic distinctions on
persons, subject to recognition by any statutory bo dy under
any law, if required, and to withdraw any such dipl omas,
certificates, degrees or other academic distinction s for good
and sufficient cause;
1[(v) the sponsoring body/university shall appoint full time regular
employees for the university and the salary of the employees
shall be deposited in the bank account of the employees every
month;]
(vi) to create such teaching, administrative and o ther posts as the
University may deem necessary, from time to time, a nd make
appointments thereto;
(vii) to institute and award Fellowships, Students hips and Prizes;
(viii) to establish and maintain Hostel including Halls; recognise
guide, supervise and control Hostels including Hall s not
maintained by the University and other accommodatio n for
the residence of the students, and to withdraw any such
recognition;
(ix) to regulate and enforce discipline among stud ents and
employees of the University and to take such discip linary
measures as may be deemed necessary;
(x) to make arrangements for promoting health and general
welfare of the students and the employees of the Un iversity
and of the Colleges;
(xi) to determine the criterion for admission into the University or
its Colleges;
(xii) to recognize for any purpose, either in whol e or in part, any
institution or members or students thereof on such terms and
conditions, as may from time to time, be specified and to
withdraw such recognition;
(xiii) to develop and maintain twinning arrangemen t with centres of
excellence in modern advanced technology in the dev eloped
countries for higher education training and research, including
distance education subject to the University Grants
Commission Act and the regulations made thereunder;
1. Clause (v) subs.vide Act No. 21 of 2011.
THE BADDI UNIVERSITY OF EMERGING SCIENCES AND TECHNOLOGY
(ESTABLISHMENT AND REGULATION) ACT, 2009
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(xiv) to co-operate with any other University, aut hority or
association or any public body having purposes and objects
similar to those of the University for such purposes as may be
agreed upon, on such terms and conditions, as may, from time
to time, be specified by the University;
(xv) to co-operate with other National and Interna tional
institutions in the conduct of research and higher education
subject to the University Grants Commission Act and the
regulations made thereunder;
(xvi) to deal with property belonging to or vested in the University
in any manner which is considered necessary for pro moting
the objects of the University;
(xvii) to enter into any agreement for the incorpo ration in the
University of any institution and for taking over i ts rights,
properties and liabilities and for any other purpos e not
repugnant to this Act;
(xviii) to demand and receive payment of such fees and other
charges as may be specified from time to time;
(xix) to receive donations and grants 1[except from parents and
students] and to acquire, hold, manage and dispose of any
property, movable or immovable, including trust or endowed
property within and outside Himachal Pradesh for th e
purposes and objects of the University, and to inve st funds in
such manner as the University thinks fit;
(xx) to make provisions for research and advisory services and for
that purpose to enter into such arrangements with o ther
institutions or bodies as the University may deem necessary;
(xxi) 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;
(xxii) to accord recognition to institutions and e xaminations for
admission into the University;
(xxiii) to do all such other things as may be nece ssary, incidental or
conducive to the attainment of all or any of the ob jects of the
University;
(xxiv) to frame statutes, ordinances and regulatio ns for carrying out
the objects of the University in accordance with th e
provisions of the Act;
(xxv) to provide for dual degrees, diplomas or cer tificates vis-à-vis
other Universities on reciprocal basis within and o utside the
country;
1. Ins.vide Act No. 21 of 2011.
THE BADDI UNIVERSITY OF EMERGING SCIENCES AND TECHNOLOGY
(ESTABLISHMENT AND REGULATION) ACT, 2009
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(xxvi) to make provisions for integrated courses i n different
disciplines in the educational programmes of the University;
1[(xxvii) to set-up colleges, institutions, off-camp us centres, off-shore
campus, study centres or to start distance educatio n, after
fulfilling the norms and regulations of the Central
Government Regulatory Bodies and Central Government ,
issued from time to time, and after obtaining the s pecific
approval of the State Government;]
(xxviii) to seek collaboration with other instituti ons on mutually
acceptable terms and conditions.
(2) In pursuit of its objects and in exercise of it s powers and in
performing of its functions, the University shall n ot discriminate between any
person, whosoever, on the basis of caste, class, co lour, creed, sex, religion or
race.
6. University to be self-financed.— The University shall be self-
financed and it shall not be entitled to receive 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.—U niversity shall establish a fund, which shall be
called the General Fund to which following shall be credited, namely:—
(a) fees and other charges received by the University;
(b) any contribution made by the sponsoring body;
1. Clause (xxvii) subs.vide Act No. 21 of 2011.
THE BADDI UNIVERSITY OF EMERGING SCIENCES AND TECHNOLOGY
(ESTABLISHMENT AND REGULATION) ACT, 2009
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(c) any income received from consultancy and other works
undertaken by the University;
(d) bequests, donations, 1[except from parents and students]
endowments and any other grants; and
(e) all other sums received by the University.
10. Application of General Fund.— The General Fund shall be
utilized for the following purposes, namely:—
(a) for the payment of salaries and allowances of the employees of
the university and members of the teaching and rese arch staff,
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 univers ity 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 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 Managem ent
and 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 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 stat utes,
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 purposes of the
University:
1. Ins.vide Act No. 21 of 2011.
THE BADDI UNIVERSITY OF EMERGING SCIENCES AND TECHNOLOGY
(ESTABLISHMENT AND REGULATION) ACT, 2009
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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 Univer sity 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 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 wi th the
provisions of sub-section (7) of section 13 of this Act; and
(d) such other powers as may be specified by the S tatutes.
1. Proviso ins. vide Act No. 15 of 2012.
THE BADDI UNIVERSITY OF EMERGING SCIENCES AND TECHNOLOGY
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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:
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 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 BADDI UNIVERSITY OF EMERGING SCIENCES AND TECHNOLOGY
(ESTABLISHMENT AND REGULATION) ACT, 2009
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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 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 o ut 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 word “five” vide Act No. 15 of 2 012.
THE BADDI UNIVERSITY OF EMERGING SCIENCES AND TECHNOLOGY
(ESTABLISHMENT AND REGULATION) ACT, 2009
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(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 directi ons 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 o f the University in
case they are not in conformity with the provisions of this Act
or the statutes, ordinances, regulations or rules m ade
thereunder;
(c) to approve the budget and annual report of the University;
(d) to lay down the policies to be followed by the University;
(e) to recommend to the sponsoring body about the voluntary
liquidation of the University if a situation arises when smooth
functioning of the University does not remain possi ble, 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.]
(2) The Vice-Chancellor shall be the Chairperson of the Board of
Management.
1. Clauses (b) to (d) subs. vide Act No. 15 of 201 2.
2. Clauses (e) and (f)ins. vide Act No. 15 of 2012 .
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(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 membe rs as may be specified
by the statutes.
(2) The Vice-Chancellor shall be the Chairperson of the Academic
Council.
(3) The Academic Council shall be the principal academic body of the
University and shall, subject to the provisions of this Act and the rules,
statutes and ordinances made thereunder, co-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 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 coachi ng classes;
or
(e) has been punished for indulging in or promoting unf air practice
in the conduct of any examination, in any form, anywhere.
23. Vacancies not to invalidate the proceedings of any authority
or body of the University.— No act or proceeding of any authority or body of
the University shall be invalid merely by reason of any vacancy or defect in
the constitution thereof.
1 Sub-section(6) ins. vide Act No. 15 of 2012.
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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 of th e 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 condit ions of service
of the Registrar and Chief Finance and Accounts Off icer 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[(g) xxxxxxxxxxxxxxxxxxxxxxxxxxxxx]
(h) the provisions regarding exemption of students from payment
of tuition fee and for awarding to them scholarship s and
fellowships;
(i) provisions regarding the policy of admissions, including
regulation of reservation of seats;
(j) provisions regarding fees to be charged from t he students; and
(k) provisions regarding number of seats in differ ent courses.
1. Clause (g) omitted.vide Act No. 21 of 2011.
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(2) The first statutes shall be made by the Governm ent and published
in the Official Gazette and a copy thereof shall be laid before the State
Legislative Assembly.
27. The subsequent statutes.— (1) Subject to the provisions of this
Act and the rules made thereunder, the subsequent s tatutes 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
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;
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(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 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 b odies,
examiners and moderators;
(f) fees to be charged for the various courses, e xaminations,
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 an y 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 for 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
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
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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 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 alongwith
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[xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx]
Provided that the fee structure for each course shall be decided before
the issue of prospectus and shall be reflected in the prospectus:
1. Ins.vide Act No. 21 of 2011.
2 Subs for the words “State Government” vide Act No . 15 of 2012.
3 Ins. vide Act No. 15 of 2012.
4. Subs. for the words “one month” vide Act No. 21 of 2011.
5. Proviso omitted vide Act No. 15 of 2012.
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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 ationsExcerpt shown. Open the full act in Lexace.