LexThe Sardar Vallabhbhai Patel Cluster University, Mandi, Himachal Pradesh (Establishment and Regulation) Act, 2018
Himachal Pradesh · state statute
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THE SARDAR VALLABHBHAI PATEL CLUSTER UNIVERSITY,
MANDI, HIMACHAL PRADESH (ESTABLISHMENT AND
REGULATION) ACT, 2018
ARRANGEMENT OF SECTIONS
Sections:
1. Short title and commencement.
2. Definitions.
3. Establishment and incorporating of the Cluster University.
4. The objects of the Cluster University.
5. Effects of establishment of the Cluster Univers ity.
6. The Cluster University open to all classes and creeds.
7. Powers and functions of the Cluster University.
8. General Fund.
9. Application of General Fund.
10. Transfer of employees to the Cluster Universit y.
11. Powers of the Chancellor to annul proceedings or decisions.
12. Powers of the State Government to enquire.
13. Officers of the Cluster University.
14. The Chancellor.
15. Appointment of the Vice-Chancellor.
16. Powers and functions of the Vice-Chancellor.
17. Financial Officer.
18. Appointment and duties of the Registrar.
19. Controller of Examinations.
20. Dean of Faculty and Dean of Student Welfare.
21. Other Officers.
22. Authorities of the Cluster University.
23. The Governing Body.
24. The Board of Management.
25. Powers and Functions of the Board of Managemen t.
26. The Academic Council.
27. Powers and functions of the Academic Council.
2 THE SARDAR VALLABHBHAI PATEL CLUSTER UNIVERSITY, MANDI,
HIMACHAL PRADESH (ESTABLISHMENT AND REGULATION) ACT, 2018
28. Finance Committee.
29. Condition for affiliation.
30. Pension, insurance and provident fund.
31. Building and Works Committee.
32. Board of Studies.
33. Powers and functions of the Board of Studies.
34. Other Authorities of the Cluster University.
35. Disqualifications.
36. Proceedings of the Cluster University not inva lidated by
vacancies.
37. Committees.
38. The First Statutes.
39. The subsequent Statutes.
40. The First Ordinances.
41. The subsequent Ordinances.
42. Regulations.
43. Fee structure.
44. Admissions.
45. Examinations.
46. Declaration of results.
47. Convocation.
48. Accreditation of the Cluster University.
49. Cluster University to follow rules, regulation s, norms etc. of
the regulating bodies.
50. Annual report.
51. Annual accounts and audit.
52. Powers of the Government to inspect the Cluste r University.
53. Power to make rules.
54. Saving as to certain examinations.
55. Power to remove difficulties.
56. Act to have overriding effect.
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THE SARDAR VALLABHBHAI PATEL CLUSTER UNIVERSITY, MANDI, 3
HIMACHAL PRADESH (ESTABLISHMENT AND REGULATION) ACT, 2018
THE SARDAR VALLABHBHAI PATEL CLUSTER UNIVERSITY,
MANDI, HIMACHAL PRADESH (ESTABLISHMENT AND
REGULATION) ACT, 2018
(ACT NO. 6 OF 2018)1
(Received the assent of the Governor on the 18 th May, 2018 and was
published both in the Rajpatra (e-Gazette), Himachal Pradesh dated 24 th May,
2018, pp. 1800-1854).
An Act to establish and incorporate a Cluster Unive rsity in the State of
Himachal Pradesh to be known as “the Sardar Vallabh bhai Patel
Cluster University, Mandi, Himachal Pradesh’’ for the purpose of
affiliating, teaching and ensuring proper and syste matic
instructions, training and research in the Higher E ducation
system.
BE it enacted by the Legislative Assembly of the Hima chal Pradesh
in the Sixty-ninth Year of the Republic of India as follows :-
1. Short title and commencement.- (1) This Act may be called the
Sardar Vallabhbhai Patel Cluster University, Mandi, Himachal Pradesh
(Establishment and Regulation) Act, 2018.
(2) It shall come into force on such date as the St ate Government
may, by notification in the Rajpatra (e-Gazette), Himachal Pradesh, appoint.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “Academic Council” means the Academic Council of the
University constituted under section 26.
(b) “Board of Management” means the Board of Manag ement
constituted under section 24;
(c) “campus” means the area of the Cluster Univers ity within
which it is established;
(d) “Cluster Colleges” means lead college and cons tituent
colleges;
(e) “college” means an institution maintained or a dmitted to its
privileges by the Cluster University and includes
Autonomous or Affiliated College;
(f) “Cluster University” means “the Sardar Vallabh bhai Patel
Cluster University, Mandi, Himachal Pradesh” establ ished
under section 3;
(g) “Constituent Colleges” means the colleges cons tituting the
Cluster University and mentioned as such in section 3;
1 Passed in Hindi by the Himachal Pradesh Vidhan S abha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh, dat ed 10 th April, 2018, pp. 215
and 240-241.
4 THE SARDAR VALLABHBHAI PATEL CLUSTER UNIVERSITY, MANDI,
HIMACHAL PRADESH (ESTABLISHMENT AND REGULATION) ACT, 2018
(h) “employee” means any person appointed by the C luster
University and includes its teachers and other staff;
(i) “Faculty” means, a faculty consisting of an al lied group of
subjects;
(j) “fee” means monetary collection made by the Cl uster
University or its colleges, institutions or study c entres, as the
case may be, from the students by whatever name, it may be
called, which is not refundable;
(k) “Government” or “State Government” means the G overnment
of Himachal Pradesh;
(l) “Governing Body” means the Governing Body cons tituted
under section 23;
(m) “Head of Department” means the Head of the Clu ster
University Teaching Department in the rank of Profe ssor or
Associate Professor;
(n) “Higher Education” means study of a curriculum or course
for the pursuit of knowledge beyond 10+2 level;
(o) “hostel” means a place of residence for the st udents of the
Cluster University, or its colleges, institutions a nd study
centres, established or recognized to be as such, b y the
Cluster University;
(p) “lead College” means the Vallabh Government Co llege,
Mandi, Himachal Pradesh;
(q) “M.L.S.M. College” means the Maharaja Laxman S en
Memorial College, Sundernagar, District Mandi, Hima chal
Pradesh;
(r) “notification” means a notification published in the Rajpatara
(e-Gazette), Himachal Pradesh;
(s) “off campus” means a centre of the Cluster Uni versity
established by it outside the main campus operated and
maintained as its constituent unit, having the Clus ter
University’s complement of facilities, faculty and staff;
(t) “Principal” means the Head of a College or a p erson duly
appointed, for the time being;
(u) “prescribed” means prescribed by rules, Statut es, Ordinances
or Regulations made under this Act;
(v) “regulating body” means a body established by the Central
Government or the State Government, as the case may be, for
laying down norms and conditions for ensuring acade mic
standards of higher education, such as, the Univers ity Grants
Commission, the All India Council of Technical Educ ation,
THE SARDAR VALLABHBHAI PATEL CLUSTER UNIVERSITY, MANDI, 5
HIMACHAL PRADESH (ESTABLISHMENT AND REGULATION) ACT, 2018
the National Council of Teacher Education, the Coun cil of
Architecture, the Indian Council of Agriculture Res earch, the
Distance Education Council, the Council of Scientif ic and
Industrial Research, the Himachal Pradesh Private
Educational Institutional Regulatory Commission etc.;
(w) “Section” means a section of this Act;
(x) “State” means the State of Himachal Pradesh;
(y) “Statutes”, “Ordinances” and “Regulations” mea ns
respectively, the Statutes, Ordinances and Regulati ons of the
Cluster University made under this Act;
(z) “student” means a person enrolled with the Clu ster University
for taking a course of study for a degree, diploma or other
academic distinction instituted by the Cluster University;
(za) “Study Centre” means a centre established and maintained or
recognized by the Cluster University for the purpos e of
advising, counselling or for rendering any other as sistance
required by the students in the context of distance education;
and
(zb) “teacher” means a Professor, Associate Profes sor, Assistant
Professor, and includes any other person imparting
instructions in the Cluster University or in any Co llege
maintained or admitted to its privileges by the Clu ster
University.
3. Establishment and incorporation of the Cluster U niversity.- (1)
There shall be established in the State of Himachal Pradesh a Cluster
University by the name “the Sardar Vallabhbhai Pate l Cluster University,
Mandi, Himachal Pradesh”.
(2) The headquarter of the Cluster University shall be at Mandi with
campuses at Sunder Nagar, Bassa and Darang at Narla . The Vallabh
Government College, Mandi will be the lead college and the M.L.S.M.
College, the Government Degree College, Bassa and t he Government Degree
College, Darang at Narla will be the constituent co lleges of the Cluster
University.
(3) The Cluster University shall be a teaching and affiliating
University comprising of affiliated, autonomous and constituent Colleges and
shall consist of a Chancellor, a Vice-Chancellor, a Governing body, a Board
of Management and an Academic Council.
(4) The Cluster University shall be competent to ra ise its own
infrastructure at Mandi and as also at its campuses. The academic resources of
lead college and constituent colleges can be shared on mutual basis.
(5) The first Chancellor, the first Vice-Chancellor , the first members
of the Governing Body, the Board of Management, and all the persons who
may hereafter become such officers or members, so l ong as they continue to
6 THE SARDAR VALLABHBHAI PATEL CLUSTER UNIVERSITY, MANDI,
HIMACHAL PRADESH (ESTABLISHMENT AND REGULATION) ACT, 2018
hold such office or membership are hereby constitut ed a body corporate by
the name of the Cluster University.
(6) The Cluster University shall have a perpetual s uccession and a
common seal and shall sue or be sued by the same name.
4. The objects of the Cluster University.- The objects of the Cluster
University shall includes,-
(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 Cluster University shal l ensure
that the standards of degrees, diplomas, certificat es and other
academic distinctions are not lower than those laid down by
the regulating bodies;
(h) to set up off campus centres, subject to appli cable rules and
regulations;
(i) to engage in areas of specialization with prov en ability to
make distinctive contributions to the objectives of the Cluster
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, 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.
5. Effects of establishment of the Cluster University.- On and from
the date of commencement of this act,-
(a) all properties, moveable and immoveable, belon ging to the
Himachal Pradesh University, in so far as jurisdict ion of “the
Sardar Vallabhbhai Patel Cluster University, Mandi,
THE SARDAR VALLABHBHAI PATEL CLUSTER UNIVERSITY, MANDI, 7
HIMACHAL PRADESH (ESTABLISHMENT AND REGULATION) ACT, 2018
Himachal Pradesh” is concerned, shall vest in the C luster
University;
(b) all rights and liabilities of the Himachal Pra desh University,
in so far as jurisdiction of the Cluster University is converned
shall be transferred to the Cluster University;
(c) the Vice-Chancellor of the Himachal Pradesh Un iversity shall
be deemed to have been appointed as the Vice-Chance llor of
the Cluster University and shall hold office for a period of
three months or till the time, the first Vice-Chanc ellor of the
Cluster University is appointed under the provision s of this
Act; and
(d) the cluster colleges affiliated to the Himacha l Pradesh
University, shall stand automatically de-affiliated from the
Himachal Pradesh University from the date of
commencement of this Act and such colleges shall be come
the cluster colleges of “the Sardar Vallabhbhai Pat el Cluster
University, Mandi, Himachal Pradesh”.
6. The Cluster University open to all classes and c reeds.- The
Cluster University shall be open to all persons irr espective of sex, caste, class
or creed and it shall not be lawful for a Cluster U niversity to adopt or impose
on any person any test whatsoever of religious beli ef or profession in order to
entitle him to a certificate, diploma or degree of the Cluster University, or to
serve as a teacher or to hold any office in the Cluster University, or to enjoy or
exercise any privileges thereof, except where such test is specially prescribed
by the Statutes, or, in respect of any particular b enefaction accepted by the
Cluster University, where such test is made a condi tion thereof by any
testamentary or other instrument creating such benefaction.
7. Powers and functions of the Cluster University.- The Cluster
University shall have the following powers and functions, namely:-
(a) to provide for instructions in such branches o f learning as the
Cluster University may, from time to time, determin e, and to
make provisions for research and for advancement an d
dissemination of knowledge and for extension of education;
(b) to conduct innovative experiments in modern me thodologies
and technologies in the field of technical education in order to
maintain international standards of such education, training
and research;
(c) to organize and to undertake extra-mural teach ing and
extension services;
(d) to hold examinations and grant diplomas and ce rtificates, and
to confer degrees and other academic distinctions o n persons,
subject to recognition by any statutory body under any law, if
required, and to withdraw any such diplomas, certif icates,
8 THE SARDAR VALLABHBHAI PATEL CLUSTER UNIVERSITY, MANDI,
HIMACHAL PRADESH (ESTABLISHMENT AND REGULATION) ACT, 2018
degrees or other academic distinctions for good and sufficient
cause;
(e) to affiliate various institutions falling in i ts jurisdictions;
(f) to create such teaching, administrative and ot her posts as the
Cluster University may deem necessary, from time to time,
and make appointments thereto;
(g) to appoint employees for the Cluster Universit y. The salary of
such employees shall be deposited in their bank acc ounts
every month;
(h) to institute and award fellowships, studentshi ps and prizes;
(i) to establish and maintain hostel including hal ls; recognise,
guide, supervise and control hostels and halls not maintained
by the Cluster University and other accommodations for the
residence of the students, and to withdraw any such
recognition;
(j) to regulate and enforce discipline among studen ts and
employees of the Cluster University and to take suc h
disciplinary measures as may be deemed necessary;
(k) to make arrangements for promoting health and general
welfare of the students and the employees of the Cl uster
University and its colleges;
(l) to determine the criterion for admission in th e Cluster
colleges and other affiliated or autonomous college s under its
jurisdiction;
(m) to recognize for any purpose, either in whole or in part, any
institution on such terms and conditions as may, fr om time to
time, be specified and to withdraw such recognition;
(n) to develop and maintain twinning arrangement w ith centres of
excellence in modern advanced technology outside th e
country for higher education training and research, including
distance education subject to the provisions of the University
Grants Commission Act, 1956, (3 of 1956) and the
regulations made thereunder;
(o) to co-operate with any other Universities, aut hority or
association or any public body having purposes and objects
similar to those of the Cluster University for such purposes,
as may be agreed upon, on such terms and conditions as may,
from time to time, be specified by the Cluster University;
(p) to co-operate with other National and Internat ional
institutions in conducting research and higher educ ation
subject to the provisions of the University Grants
THE SARDAR VALLABHBHAI PATEL CLUSTER UNIVERSITY, MANDI, 9
HIMACHAL PRADESH (ESTABLISHMENT AND REGULATION) ACT, 2018
Commission Act, 1956, (3 of 1956) and the regulatio ns made
thereunder;
(q) to deal with property belonging to or vested i n the Cluster
University in any manner which is considered necess ary for
promoting the objects of the Cluster University;
(r) to enter into agreement for the incorporation in the Cluster
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;
(s) to demand and receive payment of such fees and other
charges, as may be determined from time to time;
(t) to receive donations and grants, except from p arents and
students, and to acquire, hold, manage and dispose of any
property, movable or immovable, including trust or endowed
property within or outside Himachal Pradesh for the purposes
and objects of the Cluster University, and to inves t funds in
such manner as the Cluster University thinks fit;
(u) to make provisions for research and advisory s ervices and for
that purpose to enter into such arrangements with o ther
institutions or bodies as the Cluster University ma y deem
necessary;
(v) to provide for the printing, reproduction and p ublication of
research and other work, including text books, whic h may be
issued by the Cluster University;
(w) to accord recognition to the institutions and examinations for
admission in the Cluster University;
(x) to do all such other things, as may be necessa ry, incidental or
conducive to the attainment of all or any of the ob jects of the
Cluster University;
(y) to frame Statutes, Ordinances and Regulations for carrying
out the objects of the Cluster University in accord ance with
the provisions of this Act;
(z) to provide for dual degrees, diplomas or certi ficates vis-à-vis
other Universities on reciprocal basis within and o utside the
country;
(za) to make provisions for integrated courses in different
disciplines in the educational programmes of the Cl uster
University;
(zb) to set-up colleges, institutions, off-campus 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 the Central Govern ment,
10 THE SARDAR VALLABHBHAI PATEL CLUSTER UNIVERSITY , MANDI,
HIMACHAL PRADESH (ESTABLISHMENT AND REGULATION) ACT, 2018
issued from time to time, and after obtaining the s pecific
approval of the State Government; and
(zc) to seek collaboration with other institutions on mutually
acceptable terms and conditions.
8. General Fund.- The Cluster University shall establish a fund,
which shall be called the General Fund to which fol lowing shall be credited,
namely:-
(a) grants received from the Centre Government or the State
Government;
(b) fees and other charges received by the Cluster University;
(c) any income received from consultancy and other works
undertaken by the Cluster University;
(d) bequests, donations, except from parents and st udents,
endowments and any other grants; and
(e) all other sums received by the Cluster Univers ity.
9. Application of General Fund.- The General Fund shall be utilized
for the following purposes, namely:-
(a) for the payment of salary and allowances of th e employees of
the Cluster University and members of the teaching and
research staff, and for payment of any Provident Fu nd
contributions, gratuity and other benefits to such officers and
employees;
(b) for the expenses to be incurred by the Cluster University 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 Cluster Un iversity;
(e) for the payment of debts including interest ch arges thereto
incurred by the Cluster 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
this section;
THE SARDAR VALLABHBHAI PATEL CLUSTER UNIVERSITY, MANDI, 11
HIMACHAL PRADESH (ESTABLISHMENT AND REGULATION) ACT, 2018
(i) for the meeting of expenses of any suit or pro ceedings to
which Cluster University is a party;
(j) for the purpose of purchase of movable and imm ovable
assets;
(k) for the payment of any expenses incurred by th e Cluster
University in carrying out the purposes of this Act or the
Statutes, Ordinances, Regulations or rules made the reunder;
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 Cluster University :
Provided that no expenditure shall be incurred by t he Cluster
University in excess of the limits for total recurring expenditure and total non-
recurring expenditure for the year, as may be fixed by the Board 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:
Provided further that no portion of income and property of the Cluster
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 Cluster Univ ersity or to any of them
or any persons claiming through them, provided that nothing herein contained
shall prevent the payment in good faith of remunera tion to any member
thereof or other person as consideration for any service rendered to the Cluster
University or for travelling or other allowances and such other charges.
10. Transfer of employees to the Cluster University .- (1) All
officers and other employees of the Himachal Prades h University holding
office as such immediately before the commencement of this Act, shall, on
such commencement be allowed to exercise an option for taking over their
services by the Cluster University. Such options ma y be accepted by the
Cluster University, keeping in view its requirement.
(2) The existing rights and service conditions of s uch employees who
opt for service in the Cluster University shall be protected. Any service
rendered by any such officer or employee in the Himachal Pradesh University
before transfer of services to the Cluster Universi ty shall be deemed to be
service rendered in the Cluster University:
Provided that in the event of any dispute or diffic ulty in the matter of
implementation of the provisions of this section, the matter shall be referred to
the Government, whose decision shall be final.
11. Powers of the Chancellor to annul proceedings o r decisions.-
Without prejudice to the provisions of this Act, th e Chancellor may, by order
in writing, annul proceedings of the Cluster Univer sity or of its any authority
12 THE SARDAR VALLABHBHAI PATEL CLUSTER UNIVERSITY , MANDI,
HIMACHAL PRADESH (ESTABLISHMENT AND REGULATION) ACT, 2018
or the decision of any officer of the Cluster Unive rsity, which is not in
conformity with this Act or the Statutes or the Ordinances made there under:
Provided that before making such order, the Chancel lor shall call
upon the Cluster University, or as the case may be, its authority or the officer,
to show cause why such an order should not be made and if any cause is
shown within the period specified by him in this be half, shall consider the
same.
12. Powers of the State Government to enquire.- The State
Government may, cause any enquiry to be made by any of its officers or
agency as it may direct on any matters connected wi th the administration and
finances of the Cluster University or the institutions maintained by it
and the report of such enquiry shall be sent to the State Government
and the State Government after examining the same, shall forward the report
to the Chancellor and may also recommend any action including removal of
the Vice- Chancellor, as the case may be, if in its opinion there exist such
circumstances as are contained in sub-section (5) o f section 15 and the
Chancellor may take action accordingly:
Provided that before taking such action, the Chance llor shall afford
reasonable opportunity of being heard to the Vice-Chancellor.
13. Officers of the Cluster University.- The following shall be the
officers of the Cluster University, namely:-
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the Finance Officer;
(d) the Registrar;
(e) the Controller of Examinations; and
(f) such other persons as may be declared by the S tatutes to be
the officers of the Cluster University.
14. The Chancellor.- (1) The Governor of Himachal Pradesh shall be
the Chancellor of the Cluster University.
(2) The Chancellor shall, by virtue of his office, be the Head of the
Cluster University and its Governing body. He shall , when present, preside
over at any convocation of the Cluster University.
(3) The Chancellor shall have such powers as may be conferred on
him by or under this Act.
(4) The Chancellor may delegate to the Vice-Chancel lor such of his
powers under this Act or Statute, as he may specify.
15. Appointment of the Vice-Chancellor.- (1) A person of the
highest level of competence, integrity, morals and institutional commitment
THE SARDAR VALLABHBHAI PATEL CLUSTER UNIVERSITY, MANDI, 13
HIMACHAL PRADESH (ESTABLISHMENT AND REGULATION) ACT, 2018
shall be appointed as Vice-Chancellor of the Cluste r University as per the
norms of the University Grants Commission.
(2) The Vice-Chancellor shall be appointed by the C hancellor in
consultation with the State Government. The Vice-Ch ancellor shall be a
whole time salaried Officer of the Cluster University.
(3) Except as expressly provided in sub-sections (4) and (8), the Vice-
Chancellor shall, subject to the pleasure of the Ch ancellor, hold office for a
term of three years from the date on which he enters upon his office and shall,
on the expiry of the term of his office, be eligibl e for reappointment to that
office:
Provided that the Vice-Chancellor shall, notwithstanding the expiry of
the said period of three years, continue to hold hi s office until his successor is
appointed and enters upon his office.
(4) No person shall be appointed, or if appointed s hall hold or
continue to hold office, as Vice Chancellor if he h as attained the age of sixty
five years.
(5) The Chancellor, by general or special order, ma y place the Vice-
Chancellor under suspension,-
(a) where an enquiry under sub-section (8) is cont emplated or is
pending; or
(b) where, in the opinion of the Chancellor, he ha s engaged
himself in activities prejudicial to the interest o f the Cluster
University; or
(c) where a case against him in respect of any cri minal offence is
under investigation, inquiry or trial; or
(d) where his continuance in office will prejudice the
investigation, inquiry or trial like apprehended te mpering
with documents or to influence witnesses etc..
(6) The Vice-Chancellor under suspension shall be e ntitled to a
subsistence allowance at an amount equal to leave s alary which the Vice-
Chancellor would have drawn if he had been on leave on half average pay or
on half pay and in addition, dearness allowance, if admissible on the basis of
such leave salary.
(7) Where the period of suspension exceeds three mo nths, the
Chancellor shall be competent to vary the amount of subsistence allowance
for any period subsequent to the period of the first three months as follows,-
(a) the amount of subsistence allowance may be inc reased by a
suitable amount, not exceeding fifty percent of the
subsistence allowance admissible during the period of first
three months, if in the opinion of the Chancellor, the period of
suspension has been prolonged for reasons to be rec orded in
writing, nor directly attributable to the Vice-Chancellor;
14 THE SARDAR VALLABHBHAI PATEL CLUSTER UNIVERSITY , MANDI,
HIMACHAL PRADESH (ESTABLISHMENT AND REGULATION) ACT, 2018
(b) the amount of subsistence allowance, may be re duced by a
suitable amount, not exceeding fifty percent of the
subsistence allowance admissible during the period of first
three months, if in the opinion of the Chancellor, the period of
suspension has been prolonged due to reasons, to be recorded
in writing, directly attributable to the Vice-Chancellor; and
(c) the rate of dearness allowance shall be based on the increased
or the decreased amount, as the case may be, of sub sistence
allowance admissible under clause (a) and (b).
(8) No payment under sub-section (6) shall be made unless the Vice-
Chancellor furnishes a certificate that he is not e ngaged in any other
employment, business, profession or vocation.
(9) If in the opinion of the Chancellor, the Vice-C hancellor wilfully
omits or refuses to carry out the provisions of thi s Act or abuses the powers
vested in him or if it appears to the Chancellor th at the continuance of the
Vice-Chancellor in office is detrimental to the int erests of the Cluster
University, the Chancellor may, after making such enquiry as he deems proper
and in consultation with the State Government, by o rder remove the Vice-
Chancellor:
Provided that in the event of taking any action on a report of an
enquiry under section 12, no further enquiry shall be necessary under this sub-
section but the Vice-Chancellor shall be afforded a n opportunity of being
heard after making him available a copy of enquiry report.
(10) The Vice-Chancellor may resign by a notice of one month, in
writing under his hand, addressed to the Chancellor . The Chancellor may
waive off the period of notice and accept the resig nation forthwith in
consultation with the State Government.
16. Powers and functions of the Vice-Chancellor.- (1) The Vice-
Chancellor shall be the principal academic and executive officer of the Cluster
University. He shall, in the absence of the Chancel lor preside over the
convocation of the Cluster University and shall con fer degrees on persons
entitled to receive them.
(2) The Vice-Chancellor, by virtue of his office, s hall be the
Chairperson of the Board of Management and the Acad emic Council and also
the Chairperson of any other Authority or Body of t he Cluster University of
which he may be a member, but shall not be entitled to vote there except in
case of a tie.
(3) The Vice-Chancellor shall have the powers to convene or cause to
be convened the meeting of the Board of Management, the Academic Council
and the Finance Committee.
(4) The Vice-Chancellor shall exercise the general control over all the
affairs of the Cluster University, Officers, Teache rs, employees and shall be
responsible for the due maintenance of discipline.
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HIMACHAL PRADESH (ESTABLISHMENT AND REGULATION) ACT, 2018
(5) The Vice-Chancellor shall ensure the faithful o bservance of the
provisions of this Act, Statutes, Ordinances and Regulations and shall exercise
all such powers as may be necessary in this behalf.
(6) The Vice-Chancellor shall exercise such other p owers and
discharge such other duties, as may be assigned to him by this Act or the
Statutes or delegated to him by the Board of Management or the Chancellor.
17. Financial Officer.- (1) The Finance Officer shall be whole time
officer of the Cluster University and shall be appo inted by the State
Government in consultation with the Chancellor;
(2) The salary and allowances payable to the office r shall be as
specified in the conditions of service.
(3) The Finance Officer shall exercise such powers and perform such
other duties as may be prescribed by the Statutes and Regulations.
18. Appointment and duties of the Registrar.- (1) There shall be a
Registrar who shall be an ex-officio Member Secreta ry of the Governing
Body and the Board of Management.
(2) To be eligible for the selection to the post of the Registrar, a
person must have the following minimum qualifications,-
(a) Masters degree in any faculty with five years experience as a
Principal in a College affiliated to or maintained by the
Cluster University; or
(b) teaching experience as an Associate Professor i n a University,
with five years administrative experience; or
(c) Masters degree in any faculty with five years experience as a
Deputy Registrar or in an equivalent post in a Univ ersity or
Board of School Education; or
(d) Masters degree in any faculty with five years administrative
experience in the Central or State Government Administrative
Service (on deputation, if necessary); or
(e) Masters degree or its equivalent with at least 10 years
administrative experience in a University or an edu cational
institution.
(3) The Registrar shall be paid such salary, as may be determined by
the Board of Management at the time of appointment.
(4) The Registrar of the Cluster University shall b e the custodian of
the records, the common seal and such other propert y of the Cluster
University concerned as the Board of Management may commit to his charge.
(5) The Registrar of the Cluster University shall i ssue under his
signatures, notice convening meetings of the Govern ing Body, the Board of
Management and the Boards of Research Studies of the Cluster University.
16 THE SARDAR VALLABHBHAI PATEL CLUSTER UNIVERSITY , MANDI,
HIMACHAL PRADESH (ESTABLISHMENT AND REGULATION) ACT, 2018
(6) The Registrar shall, in the execution of his duties, be subject to the
immediate direction and control of the Vice-Chancel lor and shall render such
assistance to the Vice-Chancellor as may be require d by him in the
performance of his official duties.
(7) The Registrar of the Cluster University shall e xercise such other
powers and perform such other duties, as may be pre scribed by the Statutes
and the Regulations.
(8) The Registrar may, with the previous approval o f the Vice-
Chancellor, delegate any of his powers prescribed under the provisions of this
Act, or the Statutes or the Regulations made there under to any other officer of
the Cluster University.
19. Controller of Examinations.- (1) In addition to the Registrar, the
Board of Management may appoint a person, qualified to be appointed as
Registrar, to hold the office of the Controller of Examinations, either
temporarily or permanently.
(2) The terms and conditions for the appointment an d the salary to be
paid to the Controller of Examinations shall be as determined by the Board of
Management at the time of appointment.
(3) The Controller of Examinations shall perform th e duties of the
Registrar in regard to the arrangements for the con duct of examinations and
Board of Management may also assign to him such oth er duties and functions
as it may think proper.
(4) The Controller of Examinations shall exercise h is powers and
discharge his duties under the immediate direction of the Vice-Chancellor.
(5) Subject to directions of the Board of Managemen t, the Controller
of Examinations shall make all arrangements for the conduct of examinations
of the Cluster University.
(6) Subject to the directions of the Board of Manag ement, the
Controller of Examinations shall arrange all items of the examination work
such as dispatch and transit of answer-books and qu estion papers, evaluation
of answer scripts, tabulation of results, complaint s against question papers set
for the examinations, use of unfair means, publicat ion, and re-checking or re-
evaluation of results and other related matters.
20. Dean of Faculty and Dean of Student Welfare.- (1) There shall
be a Dean for each Faculty and Dean of Student Welf are in each constituent
college, who shall be appointed, in such manner, as may be prescribed by the
Statutes.
(2) The salary and allowances payable to the office rs as specified in
sub-section (1), the conditions of service and the powers to be exercised and
the functions to be performed by them shall be, suc h as, may be prescribed in
the Statues.
21. Other Officers.- (1) The Cluster University may appoint such
other officers as may be necessary for its functioning.
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HIMACHAL PRADESH (ESTABLISHMENT AND REGULATION) ACT, 2018
(2) The manner of appointment of other officers of the Cluster
University and their powers and functions shall be, such as, may be prescribed
by the Statutes.
22. Authorities of the Cluster University.- The following shall be
the authorities of the University, namely:-
(a) the Governing Body;
(b) the Board of Management;
(c) `the Academic Council;
(d) Finance Committee;
(e) Building and Works Committee;
(f) Board of Studies; and
(g) such other authorities as may be declared by t he Statutes to be
the authorities of the University.
23. The Governing Body.- (1) The Governing Body of the
University shall consist of the following, namely:-
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the Administrative Secretaries of Finance and Education
Departments of the State Government;
(d) the Director of the Higher Education, Himachal Pradesh;
(e) the Principals of all the constituent colleges of the Cluster
University;
(f) two Deans of the faculties of the Cluster Univ ersity
concerned nominated by the Chancellor by rotation;
(g) two Principals of the autonomous or affiliated colleges to be
nominated by the Chancellor in consultation with th e Vice-
Chancellor;
(h) two nominees of the Chancellor;
(i) two persons, to be nominated by the Government ;
(j) two representatives of the Himachal Pradesh Le gislative
Assembly from amongst its members to be elected in the
manner as the Speaker of the said Assembly may direct; and
(k) the Registrar shall be ex-officio Member Secretary.
(2) The Governing Body shall be the supreme authority of the Cluster
University.
(3) The Governing Body shall have the following powers, namely:-
18 THE SARDAR VALLABHBHAI PATEL CLUSTER UNIVERSITY , MANDI,
HIMACHAL PRADESH (ESTABLISHMENT AND REGULATION) ACT, 2018
(a) to provide general superintendence and directi ons and to
control functioning of the Cluster University by using all such
powers as are provided by this Act, Statutes, Ordin ances,
Regulations or rules made thereunder;
(b) to review the decisions of other authorities o f the Cluster
University, in case, they are not in conformity wit h the
provisions of this Act, Statutes, Ordinances, Regul ations or
rules made thereunder;
(c) to approve the budget and annual report of the Cluster
University;
(d) to lay down the policies to be followed by the Cluster
University;
(e) to recommend to the Government about the volun tary
liquidation of the Cluster University, if a situati on arises
when smooth functioning of the Cluster University d oes not
remain possible inspite 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 eleven.
24. The Board of Management.- (1) The Board of Management
shall consist of the following members, namely:-
(a) the Vice-Chancellor;
(b) the Administrative Secretaries of Finance and Education
Departments of the State Government;
(c) the Director of the Higher Education, Himachal Pradesh;
(d) all the Principals of constituent colleges;
(e) two Deans of faculties by rotation on the basi s of seniority;
(f) two eminent academicians, to be nominated by t he
Chancellor;
(g) two persons from amongst the Professors or Ass ociate
Professors by rotation on the basis of seniority;
(h) one senior most representative of non-teaching employees;
(i) the President of Student Union of the Universi ty; and
(j) the Registrar shall be the Member-Secretary.
(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, prescribed by the Statutes.
THE SARDAR VALLABHBHAI PATEL CLUSTER UNIVERSITY, MANDI, 19
HIMACHAL PRADESH (ESTABLISHMENT AND REGULATION) ACT, 2018
(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
ten.
25. Powers and functions of the Board of Management .- The
Board of Management shall have the following powers, namely:-
(a) to make Statutes under this Act, and to amend and repeal the
same;
(b) o make the Regulations;
(c) to approve the financial estimates framed by t he Finance
Committee;
(d) to approve plans of development and expansion of the Cluster
University;
(e) to consider and pass resolutions on the annual reports;
(f) save as otherwise provided in this Act, to app oint officers and
teachers not below the rank of the Joint Registrar, Deputy
Librarian and Associate Professors and to define their duties :
Provided that no officer or teacher shall be appoin ted by the Board of
Management until provision has been made for his sa lary in the approved
budget of the Cluster University:
Provided further that all the appointments to the p osts of officers or
teachers referred to in this section, shall be, mad e by the Board of
Management on such terms and conditions, as may be prescribed, by the
Statutes:
Provided further that the Vice-Chancellor may make appointments of
teachers referred to in this section as a temporary measure for a period not
exceeding six months to carry on the work and if th e recommendations of the
Selection Committee are not received within a period of six months, the Vice-
Chancellor may extend appointment, if any, made by him, for the duration of
the academic session with the approval of the Board of Management;
(g) to exercise such other powers and to perform s uch other
functions, as may be conferred or imposed upon it, by this
Act or the Statutes;
(h) to constitute committees for specific purposes and to assign
such duties to them, as it deems fit;
(i) to delegate such of its powers to any officer or authority of
the Cluster University, as it may deem fit; provide d that such
delegation is made by a majority of not less than t wo third of
the members of the Board of Management; and
20 THE SARDAR VALLABHBHAI PATEL CLUSTER UNIVERSITY , MANDI,
HIMACHAL PRADESH (ESTABLISHMENT AND REGULATION) ACT, 2018
(j) to exercise such other powers of the Cluster U niversity as are
not otherwise provided for in this Act, and Statute s and
Regulations made thereunder.
26. The Academic Council.- The Academic Council of the Cluster
University shall consist of the following :-
(a) the Vice-Chancellor;
(b) Principals of all the Constituent Colleges;
(c) two Principals of the Autonomous colleges or A ffiliated
Colleges nominated by the Vice-Chancellor;
(d) the Deans of Faculties of the Cluster Universi ty;
(e) four Professors or Associate Professors from c onstituent
colleges of the Cluster University representing sub jects other
than those represented by the Principals, nominated by the
Vice-Chancellor;
(f) two Professors or Associate Professors from th e Autonomous
Colleges or Affiliated CExcerpt shown. Open the full act in Lexace.