LexThe Himachal Pradesh Technical University Act, 2014
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THE HIMACHAL PRADESH TECHNICAL UNIVERSITY ACT, 2014
ARRANGEMENT OF SECTIONS
Sections:
1. Short title.
2. Definitions.
CHAPTER-I PRELIMINARY AND DEFINITIONS
CHAPTER-II THE UNIVERSITY
3. Establishment and Incorporation of the University.
4. Objects of the University.
5. Powers of the University.
6. Territorial exercise of the powers.
7. University open to all races, castes, creeds or classes.
8. Power to establish constituent colleges or institutions.
9. Power of affiliation.
CHAPTER-III OFFICERS OF THE UNIVERSITY
10. Officers of the University.
11. The Chancellor.
12. The Vice-Chancellor.
13. Powers and functions of the Vice-Chancellor.
14. The Registrar, the Controller of Examinations, the Finance
Officer and the Deans.
CHAPTER-IV
AUTHORITIES OF THE UNIVERSITY
15. Authorities of the University.
16. Board of Governors.
17. Power and functions of the Board of Governors.
18. Terms of office and vacancies among members of the Board.
19. Academic Council.
20. Power and functions of the Academic Council.
21. Finance Committee.
22. Building and Works Committee.
23. Board of Studies.
24. Selection Committee.
25. Functions of Selection Committee.
26. Letter of appointment of Officers and employees.
27. Removal of employees.
CHAPTER-V
FUNDS OF THE UNIVERSITY, ACCOUNTS, AUDIT
AND INSPECTION
28. The University Fund.
29. Accounts and Audit.
30. Submission of Annual Report.
31. Contributory Provident Fund or General Provident Fund.
32. Inspection.
CHAPTER-VI
STATUTES, ORDINANCES AND
REGULATIONS
33. Statutes.
34. Power to make statutes.
35. Ordinances.
36. Regulations.
CHAPTER-VII
MISCELLANEOUS AND
TRANSITORY PROVISIONS
37. Delegation.
38. Examinations and admissions.
39. Making amendment, repeal and operations of regulations.
40. Annual report.
41. Annual accounts.
42. Association of other persons with the Board of Governors.
43. Constitution of Committees by authorities of the University.
44. Disputes about constitution of authorities and bodies.
45. Removal from membership of an authority.
46. Absorption of employees.
47. Power to remove difficulties.
48. Transitional provisions.
49. Repeal and savings.
THE SCHEDULE OFFICERS OF THE UNIVERSITY
1. The Registrar.
2. Powers and functions of the Registrar.
3. The Controller of Examinations.
4. Powers and functions of the Controller of Examinations.
5. The Finance Officer.
6. Powers and functions of the Finance Officer.
7. The Deans.
__________
THE HIMACHAL PRADESH TECHNICAL UNIVERSITY ACT, 2014
(Act No. 2 of 2015)1
(Received the assent of the Governor on the 18th January, 2015 and
published in R.H.P. dated 23rd January, 2015 at p. 5761-5811)..
AN
ACT to re-enact the law providing for establishment, incorporation
and regulation of Technical University in the State of Himachal
Pradesh and for matters connected therewith or incidental thereto.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Sixty-fifth Year of the Republic of India as follows:—
CHAPTER-I
PRELIMINARY AND DEFINITIONS
1. Short title.—This Act may be called the Himachal Pradesh
Technical University Act, 2014.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Academic Council” means the Academic Council of the
University;
(b) “Board” means the Board of Governors of the University;
(c) “Board of Studies” means the Board of Studies of the University;
(d) “Chancellor” and “Vice-Chancellor” means respectively, the
Chancellor and the Vice- Chancellor of the University;
(e) “College” means an affiliated college, autonomous college and
constituent college or any other college by whatever name
called;
(f) “Department” means a Department of Studies of the University;
(g) “employee” means any person other than teacher appointed by
the University;
(h) “Faculty” means a Faculty consisting of allied group of subjects
constituted by the Board;
(i) “Finance Committee” means the Finance Committee of the
University;
(j) “Government” means the State Government of Himachal
Pradesh;
1 Passed in Hindi by the Himachal Pradesh VidhanSabha. For Statement of Objects
and Reasons see R.H.P. dated 10.12.2014, p. 4899& 4923.
(k) “Hostel” means a unit of residence for the Students maintained
or recognized by the University in accordance with the
conditions prescribed;
(l) “Head” means the Head of Schools or Departments or Centres of
the University or affiliated to recognized by the University as the
case may be;
(m) “Institution” means an institution, organization, training centre
or other establishment providing teaching, research,
experimentation of practical training in engineering, technology,
physical and social science and includes a polytechnic;
(n) “notification” means a notification published in the Himachal
Pradesh Rajpatra and the word notified shall be construed
accordingly;
(o) “prescribed” means prescribed by Statutes, Ordinances or
Regulations of the University made under this Act;
(p) “Registrar” means the Registrar of the University;
(q) “Schedule” means the Schedule appended to this Act;
(r) “Student” means a person who is admitted to a College or
Institution and is borne on the attendance register;
(s) “Statutes”, “Regulations” and “Ordinances” means respectively,
the Statutes, Regulations and Ordinances made by the University
under this Act;
(t) “Teachers” includes Directors, Professors, Readers, Associate
Professors, Assistant Professors, Lecturers in a college or
University and such other persons giving instructions in a
college or University as may be declared by the Statutes to be
teachers;
(u) “Teachers of the University” means Teachers appointed by the
University to impart instructions or guide research in the
University and the Constituent Colleges; and
(v) “University” means the Himachal Pradesh Technical University,
as constituted under this Act.
CHAPTER-II
THE UNIVERSITY
3. Establishment and incorporation of the University.—(1) There
shall be a University by the name of “Himachal Pradesh Technical University”
with the Headquarter at Hamirpur.
(2) The University shall be a teaching and affiliating University
comprising of Affiliated, Autonomous and Constituent Colleges and shall
consist of a Chancellor, a Vice-Chancellor, Board of Governors and an
Academic Council.
(3) The University shall be a body corporate having perpetual
succession and common seal and shall sue and be sued by the said name.
(4) In all suits and other legal proceedings by or against the University,
the pleadings shall be signed and verified by the Registrar and all processes in
such suits and proceedings shall be issued to, and served on, him.
4. Objects of the University.—Subject to such law as may be made by
Parliament as to co-ordination and determination of standards in Institutions for
higher education or research and scientific and Technical Institutions or subject
to such directions as may, from time to time, be given in regard thereto by or
on behalf of the Central Government, the objects of the University shall be—
(a) to develop the knowledge of science, engineering and
technology, management and environment by teaching, research,
experimentation or practical training or such other means as the
University may deem fit for the advancement of quality of life of
the mankind;
(b) to supply the required skilled manpower of appropriate kind and
quality to meet the needs of society and national development
plans;
(c) to develop patterns of teaching and training at various levels of
educational accomplishment so as to set high standards of
education in science, engineering and technology;
(d) to derive benefits from the ever growing scientific and
technological knowledge in different parts of the world and to
advance frontiers of knowledge by research, innovation,
invention and product development;
(e) to establish close linkage with Industry to make teaching,
training and research in the University relevant to the needs of
society and industry at national and international level;
(f) to establish, maintain and manage Colleges, Schools,
Departments, Centers of Research and other Institutions
necessary to carry out the objects of the University;
(g) to affiliate or recognize Colleges or Institutions within and
outside the State of Himachal Pradesh; and
(h) to function as a leading resource Centre for knowledge
management and entrepreneurship development in the area of
Science and Technology.
5. Power of the University.—Subject to the provisions of this Act and
such conditions as may be prescribed by the Statutes, the Ordinances and the
Regulations, the University shall exercise the following powers and discharge
the functions namely:—
(a) to establish and manage such Schools/Departments or Centres of
Excellence for education and research as are necessary for the
furtherance of the objects of the University;
(b) to frame Statutes, Ordinances and Regulations for carrying out
the objects of the University in accordance with the provisions of
this Act;
(c) to provide for education, research and training in such branches
of Engineering and Technology, Sciences, Pharmacy,
Management and Arts, as the University may deem fit, for the
advancement and dissemination of knowledge in such branches;
(d) to seek collaborations with other academic Institutions or
Universities on mutually
acceptable terms and conditions;
(e) to seek collaborations with Industry for providing, upgrading and
promoting technical education and training and research;
(f) to promote continuous innovation in the instructional system to
achieve international standards in content delivery;
(g) to prescribe course of study and curricula to respond to short and
long term needs of the users by building flexibility in the system
and delivery methodologies;
(h) to help devise schemes for effective and continuous evaluation
of Students performance, to ensure uniformity and promote
Students trust in the system;
(i) to prescribe the qualifications and eligibility conditions for
admitting Students to different courses offered by the University;
(j) to hold examinations and confer degrees, diplomas, certificates
and other distinctions or titles on persons subject to such
conditions as the University may determine, and to withdraw or
cancel such degrees, diplomas, certificates and other distinctions
or titles as may be prescribed;
(k) to confer honorary degrees or other distinctions on persons as
may be prescribed;
(l) to institute and award Fellowships, Scholarships, Exhibitions and
Prizes as may be prescribed;
(m) to prescribe conditions under which a person may be deprived of
any degree, diploma, certificate or other distinction awarded to
him by the University;
(n) to take special measures for spreading educational facilities
among the educationally backward strata of the society;
(o) to provide for dual degrees vis-à-vis other Universities on
reciprocal basis within and outside the country as per
instructions of the State Government, Government of India and
University Grants Commission;
(p) to create or abolish, administrative, academic and non-teaching
posts as the University may deem necessary, from time to time,
and to make appointments thereto;
(q) to prescribe, subject to provisions of this Act, the terms and
conditions of service, including the rules of conduct and
discipline, and the emoluments for the posts of Teachers,
Officers and employees of the University;
(r) to determine salaries, remunerations, honoraria to the Faculty
and employees of the University in accordance with the norms
specified by the University Grants Commission and other
Regulatory Bodies from time to time;
(s) to regulate and enforce discipline among Students and
employees of the University and to take such disciplinary
measures as may be deemed necessary;
(t) to create fund out of donations and contributions from private
sources with attendant obligations and engagements not
inconsistent with the objects or standing of the University;
(u) to prescribe fees and other charges for admission to various
courses, examinations and other services rendered by the
University and to demand and receive the same so prescribed;
(v) to receive donations, gifts and grants and to acquire hold,
manage and dispose of any property, movable or immovable,
including trust or endowed property within or outside Himachal
Pradesh and to make grants and advances for furthering its
objects and to invest funds in such manner as the University
deems fit;
(w) to raise or accept loans from Central or State Government or the
University Grants Commission and also from other resources;
(x) to implement Right to Information Act, 2005 and Himachal
Pradesh Educational Institutions (Prohibition of Ragging) Act,
2009 in the University and its Affiliating Institutes/Colleges;
(y) to delegate any of its powers to any other Officer or Authority of
the University; and
(z) to do such other things as the University may consider necessary,
conducive or incidental to the attainment of all or any of the
objects of the University.
6. Territorial exercise of the powers.—The territorial limits in which
the University shall exercise powers and perform its duties shall be the whole
of the State of Himachal Pradesh and other regions outside the State of
Himachal Pradesh as may be decided by the Board of Governors from time to
time subject to any Regulation and Statutes.
7. University open to all races, castes, creeds or classes.—The
University shall be open to persons of either sex and of whatever race, caste
creed, or class and no test or condition shall be imposed as to religious belief or
profession in admitting or appointing members, Students, teachers or workers
or in any other connection whatsoever.
8. Power to establish Constituent Colleges of Institutions.—(1) The
University shall have the power to establish and maintain such Constituent
Colleges or Institutions, Off-campus Centres, Off-shore Campuses and Study
Centres as may be decided by the Board from time to time.
(2) The University shall exercise control over the Constituent Colleges,
Off-campus Centres, Off-shore Campuses and Study Centres in respect of
academic, financial and administrative matter as prescribed by the Ordinances.
9. Power of affiliation.—The University shall have power to affiliate
or otherwise as its privilege to admit and recognize any other College or
Institution as may be prescribed by the Ordinances.
CHAPTER-III
OFFICERS OF THE UNIVERSITY
10. Officers of the University.—The following shall be the Officers
of the University, namely:—
(a) The Chancellor;
(b) The Vice-Chancellor;
(c) The Registrar;
(d) The Controller of Examinations;
(e) The Finance Officer;
(f) The Deans; and
(g) Such other persons as may be declared by the Statutes to be the
Officers of the University.
(2) The mode of appointment, powers and terms and conditions of
service and the functions of the Officers of the University, other than the
Chancellor and the Vice-Chancellor shall be as prescribed in the Schedule.
11. The Chancellor.—(1) The Governor of Himachal Pradesh shall be
the Chancellor of the University.
(2) The Chancellor shall be the Head of the University and shall, when
present, preside over convocation of the University.
(3) The Chancellor shall exercise such other powers and perform such
other duties as may be conferred on him by this Act or the Statutes.
12. The Vice-Chancellor.—(1) Person of the highest level of
competence, integrity, morals and institutional commitment shall be appointed
as Vice-Chancellor of the University as per the norms of University Grants
Commission or Regulations.
(2) The Vice-Chancellor shall be appointed by the Chancellor on the
recommendations of the State Government from a panel of three persons
recommended by the Search Committee referred to in sub-section (3) of this
section and such panel shall not contain the name of any member of the Search
Committee.
(3) For the purpose of sub-section (2) the Search Committee shall
consist of following members to recommend the names for appointment as
Vice-Chancellor, namely:—
(a) a nominee of the Chancellor to be
recommended by the Government
who
shall be a person of eminence
in the
field of Engineering/Technology not
below the rank of Professor;
Chairperson
(b) a representative of the State Government
not below the rank of Secretary to the
Government of Himachal Pradesh;
Member;
(c) The Director, Indian Institute of
Technology located within the State;
and
Member; and
(d) The Registrar, Himachal Pradesh
Technical University.
Member
Secretary.
(4) The process for preparing a panel shall begin at least three months
before the probable date of occurrence of the vacancy of the Vice-Chancellor.
(5) The Search Committee while preparing the panel, shall adopt a
transparent, objective and competitive selection process by giving proper
weightage to the academic excellence, exposure to higher education system,
academic and administrative experience which must be reflected while
including such persons in the panel.
(6) The Vice-Chancellor shall be appointed for a period of three years
or till he attains the age of 65 years, whichever is earlier, and shall, subject to
the provisions of this section, be eligible for re-appointment for a further period
not exceeding three years.
(7) The Vice-Chancellor shall not be removed from his office except
by an order of the Chancellor passed on the ground of willful omission or
refusal to carry out the provisions of this Act, or abuse of the powers vested in
him and after due enquiry ordered by the Government by such person, who is
or has been a Judge of a High Court or the Supreme Court, as may be
appointed by the Chancellor in which the Vice-Chancellor shall have an
opportunity of making his representation against such removal:
Provided that where the enquiry is conducted by a person who is or has
been a Judge of High Court or the Supreme Court the report of such an enquiry
shall be forwarded to the Government and the Chancellor shall act in
accordance with the advice tendered by the Government on consideration of
the report while exercising his powers.
(8) When the Vice-Chancellor is unable to exercise his powers,
perform his functions and discharge his duties owing to absence, illness or any
other cause the Registrar shall act as Vice- Chancellor of the University.
(9) When the post of the Vice-Chancellor falls permanently vacant,
either by resignation or otherwise, the vacancy shall be filled by the Chancellor
by appointing another person as the Vice-Chancellor and the Vice-Chancellor
so appointed shall hold office for a full term of three years.
(10) The Chancellor shall determine the amount of remuneration and
other terms and conditions of service of the Vice-Chancellor:
Provided that terms and conditions of service shall not be altered to the
disadvantage of the Vice-Chancellor during the term of office.
(11) It shall be competent for the Chancellor to accept the resignation
of the Vice- Chancellor.
(12) It shall be the duty of the Vice-Chancellor to ensure that the
provisions of the Act and the Regulations are strictly observed and he shall
have all powers necessary for this purpose.
13. Powers and Functions of the Vice-Chancellor.—(1) The Vice-
Chancellor shall be the Principal Academic and Executive Officer of the
University. He shall in the absence of the Chancellor preside over the
convocation of the University and shall confer degrees on persons entitled to
receive them.
(2) The Vice-Chancellor, by virtue of his office, shall be the member
and Chairperson of the Board and Academic Council and also the Chairperson
of any other Authority or Body of the University of which he may be a
member, but shall not be entitled to vote thereat except in case of tie.
(3) The Vice-Chancellor shall have the powers to convene or cause to
be convened the meeting of the Board, the Academic Council and the Finance
Committee.
(4) The Vice-Chancellor shall exercise the general control over all the
affairs of the University, Officers, Teachers, employees and shall be
responsible for the due maintenance of discipline.
(5) The Vice-Chancellor shall ensure the faithful observance of the
provisions of this Act, and Statutes, Ordinances and Regulations and shall
possess all such powers as may be necessary in this behalf.
(6) The Vice-Chancellor shall exercise such other powers 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 Governors or the Chancellor.
(7) The Vice-Chancellor may take on behalf of the University such
action as he may deem expedient in any matter which in his opinion, is either
urgent or of an emergent nature and shall report the same for confirmation at
the next meeting of the Authority or Body which, in the ordinary course, would
have dealt with the matter:
Provided that if the action taken by the Vice-Chancellor is not
approved by the Authority or Body concerned, the matter shall immediately be
referred to the Chancellor whose decision thereon shall be final:
Provided further that where any such action taken by the Vice-
Chancellor affects any person in the service of the University, such person shall
be entitled to prefer, within thirty days from the date on which he receives
notice of such action, an appeal to the Board.
(8) If the Vice-Chancellor is of the opinion that any decision of any
Authority of the University is beyond the power of the Authority conferred by
the provisions of this Act, the Statutes or the Ordinances or that any decision
taken is not in the interest of the University, the Authority concerned may be
asked to review its decision within sixty days of such decision and if the
Authority refuses to review the decision either in whole or in part or no
decision is taken by it within the said period, the matter shall be referred to the
Chancellor, whose decision thereon shall be final.
14. The Registrar, the Controller of Examinations, the Finance
Officer and the Deans.—(1) The Registrar, the Controller of Examinations,
the Finance Officer and the Deans shall be whole time Officers of the
University and shall be appointed by the Board in the manner as specified in
the Schedule.
(2) The salary and allowances payable to the Officers 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 as specified in the Schedule and
the Statutes prescribed.
CHAPTER-IV
AUTHORITIES OF THE UNIVERSITY
15. Authorities of the Universtiy.—The following shall be the
Authorities of the University, namely:—
(a) Board of Governors;
(b) Academic Council;
(c) Finance Committee;
(d) Building and Works Committee;
(e) Board of Studies;
(f) Selection Committee; and
(g) Such other Authorities as may be established under the Statutes.
16. Board of Governors.—(1) The Board of Governors shall be the
Chief Executive Body of the University to be constituted by the Chancellor of
the University and shall consist of a Chairperson who shall be the Vice-
Chancellor of Himachal Pradesh Technical University, six ex- officio members
and seven nominated members as under:—
Ex-Officio members:
(a) The Vice-Chancellor, ChaudharySarwan Kumar, Himachal
Pradesh KrishiVishvavidyalaya, Palampur, District Kangra,
(Himachal Pradesh);
(b) The Secretary, Technical Education, Government of Himachal
Pradesh, or his nominee not below the rank of Special Secretary
(Technical Education) to the Government of Himachal Pradesh;
(c) The Secretary, Finance Department, Government of Himachal
Pradesh, or his nominee not below the rank of Special Secretary
(Finance) to the Government of Himachal Pradesh;
(d) The Director, National Institute of Technology, Hamirpur,
(Himachal Pradesh);
(e) The Director, National Institute of Technical Teachers Training
and Research, Chandigarh;
(f) The Director, Technical Education, Vocational and Industrial
Training; and
Nominated members:
(g) Two eminent representatives of Industry to be nominated by the
State Government amongst the professional bodies like CII
(Confederation of Indian Industries) or FICCI (Federation of
Indian Chambers of Commerce and Industry) or ASSOCHAM
(The Associated Chambers of Commerce and Industry of India)
or NASSCOM (The National Association of Software and
Services Companies);
(h) Two eminent Academicians or Technologists or Scientists to be
nominated by the State Government;
(i) One Dean, by rotation to be nominated by the Vice-Chancellor;
and
(j) Two Members of the Himachal Pradesh Legislative Assembly,
elected by the State Legislature.
(2) The Registrar shall be the ex-officio Member Secretary of the
Board.
(3) The Board shall ordinarily meet not less than four times during a
calendar year.
(4) The meetings of the Board shall be convened by the Chairperson.
(5) The one-third members amongst the notified members of the Board
shall form the quorum.
(6) The member of the Board shall be entitled to such allowances, if
any, and the sitting fee from the University as may be provided in the
Regulations.
17. Powers and functions of the Board of Governors.—(1) Subject
to the provisions of this Act, the Board shall be responsible for the general
superintendence, direction and control of the affairs of the University and shall
exercise all the powers of the University, and shall have the powers to review
the acts of the Academic Council, the Finance Committee and other
Committees or Authorities constituted by the University.
(2) Without prejudice to the provisions of sub-section (1) the Board
shall have the following powers and functions namely:
(a) to create School of Studies or Departments or Centres or
Specialized Laboratories or Colleges as may be specified in the
Ordinances for running various academic programmes;
(b) to institute courses of study in the University;
(c) to make, modify or repeal the Statutes and approve all Rules and
Regulations;
(d) to consider, modify and approve or cancel the Ordinances;
(e) to consider and approve the Annual Report, Annual Statement
and Accounts, and the Annual Budget of the University;
(f) to consider and take decisions on the recommendations of the
Finance Committee;
(g) to create and abolish the posts of Officers, Teachers and
employees as may be necessary;
(h) to make appointment of Officers, Teachers and employees, as
may be necessary, on the recommendations of the Selection
Committee constituted for the purpose;
(i) to specify the procedure for appointment of Temporary Teaching
and Non-Teaching Staff against the sanctioned posts;
(j) to make appointments to temporary vacancies of any Teaching
and Non- Teaching Staff;
(k) to appoint Visiting Professors and Chaired Professors to the
Schools or Departments or Centres of the University on the
recommendations of the Academic Council;
(l) to approve the emoluments, terms and conditions of appointment
of Officers, Teachers and employees of the University;
(m) to accept, transfer and otherwise control the moveable,
immoveable and intellectual property of the University;
(n) to institute and approve Contributory Provident Fund or General
Provident Fund for the benefit of Officers, Teachers and
employees of the University as the case may be;
(o) to decide upon the form and use of common seal of the
University;
(p) to appoint such Committees as may be required for the efficient
functioning of the University;
(q) to delegate any of the powers to the Vice Chancellor, Registrar,
Deans or any other Officer, employee or any Authority of the
University or to a Committee appointed by it; and
(r) to exercise such other powers and perform such other functions
as may be conferred or imposed upon it by or under this Act or
the Regulations for achieving the objects of the University.
18. Terms of office and vacancies among members of the Board.—
(1) The term of a nominated member of the Board shall be three years from the
date of his nomination.
(2) The ex-officio member shall continue to be a member so long as he
holds the office by virtue of which he is the member of the Board.
(3) Any vacancy in the Board occurring before the next reconstruction
or before the expiry of the prescribed period shall be filled in the same manner
as provided in sub-section (1) of section 16 and such a member shall hold
office for the remainder of the terms of the member in whose place he is
nominated.
(4) The member shall be eligible for re-nomination for the next term.
(5) Any member may resign from his office by writing under his hand
addressed to the Chairperson of the Board and his resignation shall take effect
from the date it is accepted by the Chairperson of the Board.
19. Academic Council.—(1) The Academic Council shall be the
academic body of the University and shall, subject to the provisions of this Act,
have control over the academic affairs of the University.
The Academic Council shall consist of the following members,
namely:—
a) Vice-Chancellor. Chairperson
(b) All Deans of the University. Member
(c) One Head from each School or Department
or Centre of the University.
Member
(d) Principals-cum-Directors of Constituent
Colleges or Institution.
Member
(e) One Principal-cum-Director from
Affiliated Government Colleges by
rotation, in order of seniority, to be
nominated by the Vice-Chancellor.
Member
(f) One Principal or Director from Affiliated
Private Colleges by rotation, in order of
seniority, to be nominated by the Vice-
Chancellor.
Member
(g) Two Eminent Industrialists to
be
nominated by the Vice-Chancellor, and
Member
(h) Two Professors or Associate Professors
from other reputed Universities or
Institutions to be nominated by the Vice-
Chancellor
Member
(2) The Registrar shall be the ex-officio Member Secretary of the
Academic Council.
(3) All members of the Academic Council, other than ex-officio
members, shall hold office for a term of two years:
Provided that no person shall be or continue to be a member of the
Academic Council in more than one capacity and, whenever a person becomes
a member of the Academic Council in more than one capacity, he shall, within
two weeks thereof choose the capacity in which he desires to be a member of
the Academic Council and shall vacate the other seat.
(4) The Academic Council shall ordinarily meet not less than four
times during a calendar year.
(5) The meetings of the Academic Council shall be convened by the
Chairperson.
(6) The one-third members amongst the notified members of the
Academic Council shall form the quorum.
20. Powers and functions of the Academic Council.—(1) The
Academic Council shall have general control of teaching, research and
examinations and shall be responsible for the maintenance of standards thereof
by the Schools or Departments or Centres and other Colleges or Institutions
controlled and maintained by the University.
(2) The Academic Council, to achieve the objects of the University,
shall have under its control, a Curriculum Development Cell, a Faculty
Development Committee, Examination Committee and Industrial Liaison
Policy Unit, the composition and functions of which shall be as defined by the
Regulations.
(3) In particular and without prejudice to the generality of the
foregoing powers, the Academic Council shall have powers—
(a) to make Ordinances and Regulations consistent with this Act and
the Statutes relating to all academic matters and to amend and
repeal such Ordinances and Regulations;
(b) to make recommendations to the Board with regard to creation of
posts of the Teachers and the abolition thereof;
(c) to make recommendations to the Board for the institution of
Visiting Professors and Chaired Professors, their duties and
emoluments thereof;
(d) to make recommendations to the Board regarding the institution
of Post-Graduate teaching and research;
(e) to recommend to the Board, the Faculty Development
Programmes on the recommendation of the Faculty
Development Committee or otherwise;
(f) to assess and lay down standards of accommodation, equipment,
apparatus, library maintenance and other physical facilities
required for each School or Department or Centre and Affiliated
College or Institution;
(g) to consider the reports of various Committees constituted related
to academic matters, inspection of Institutions for maintaining
standards of education etc. and to advise the Board on the follow
up action to be taken for the implementation of the reports;
(h) to delegate to the Vice-Chancellor or any of the Committees of
the Academic Council, any of its powers; and
(i) to exercise such other powers and perform such other functions
as may be conferred or entrusted to it by or under the provisions
of this Act or referred to it by the Vice- Chancellor or the Board.
21. Finance Committee.—(1) The Finance Committee shall consist of
the following persons, namely:—
(4)
Finance Committee.
(a) The Vice-Chancellor Chairperson;
(b) The Secretary to the Government
of
Himachal Pradesh, Department
of
Finance or his nominee not
below the
rank of Special
Secretary (Finance) to
the Government of Himachal Pradesh;
Member;
(c) The Secretary to the Government of
Himachal Pradesh, Department of
Technical Education, Vocational and
Industrial Training or his nominee not
below the rank of Special Secretary
(Technical Education) to the Government
of Himachal Pradesh;
Member;
(d)
Two members of the Board to be
nominated by the Chairperson of the
Board
Member; and
(e) The Finance Officer shall be the ex-
officio Member-Secretary of the Finance
Member Secretary
(2) The Finance Committee shall ordinarily meet four times in a year
preferably before the meeting of the Board.
(3) The meetings of the Finance Committee shall be convened by the
Chairperson.
(4) Three members of the Finance Committee shall form a quorum for
a meeting of the Finance Committee.
(5) The Finance Committee shall advise the Board on all financial
matters and shall have the powers,—
(a) to examine the Annual Accounts and Budget Estimates of the
University and to advise the Board thereon;
(b) to examine the Annual Audit and Action Taken Reports;
(c) to review the financial position of the University and to make
recommendations to the Board on all matters relating to the
finances of the University;
(d) to examine and make recommendations to the Board on all
proposals involving expenditure for which no provision has been
made in the Budget, or which involves expenditure in excess of
the amount provided in the Budget;
(e) to consider all proposals relating to the revision of pay scales,
fixation of honorarium to members of various Committees,
travelling allowance, fee for various courses to be charged from
the Students and remuneration to experts, paper setters,
examiners, evaluators, etc.; and
(f) to exercise such other powers and perform such other functions
as may be conferred or imposed upon it by the Regulations.
22. Building and Works Committee.—There shall be Building and
Works Committee and its constitution and powers shall be as defined by the
Statutes.
23. Board of Studies.—A separate Board of Studies shall be attached
to each Faculty of teaching. The constitution and functions of the Board of
Studies shall be prescribed by the Statutes.
24. Selection Committee.—There shall be Selection Committees for
various categories of posts and its constitution and method of selection shall be
as defined by the Statutes.
Committee.
25. Functions of the Selection Committee.—(1) The Selection
Committee shall make its recommendations to the Board in the matters of
selection of persons for appointment of Officers, Teachers and employees of
the University.
(2) If the Board does not accept the recommendations of the Selection
Committee, it shall refer the recommendations back to it with reasons for
reconsideration and if the Board does not accept the reconsidered views of the
Selection Committee, the matter shall be referred to the Chancellor with
reasons, and the decision of the Chancellor thereon shall be final.
26. Letter of appointment of Officers and employees.—(1) Every
Officer, Teachers and employee of the University shall, on appointment as
such, be provided with a letter of appointment containing such terms and
conditions of appointment as may be prescribed in the Regulations governing
service matters of the University.
(2) An Officer or an employee of the University shall be on probation
for a period of one year in the first instance. In case his appointment has been
continued for over a period of one year he shall be deemed to be on probation
for a period of one year commencing from the date of his first appointment
within a continuous period of two years :
Provided that it shall be competent for the Board to extend the period
of probation for a period not exceeding one year.
(3) On satisfactory completion of probation, the incumbent appointed
for the post shall be confirmed by a written order.
(4) If, on the expiry of the prescribed period or extended period of
probation, the Board decides that the Officer or employee is not suitable for
continuance in the post to which he has been appointed, it shall discharge him
from service after giving him a reasonable opportunity of being heard.
27. Removal of employees.—(1) Where there is an allegation of
serious misconduct against a Teacher or any other employee of the University,
the Vice-Chancellor may, in case of Teacher, or the Authority competent to
appoint (hereinafter referred to Appointing Authority) in case of any other
employee, as the case may be, by order in writing, place such Teacher or other
employee, as the case may be, under suspension and shall forthwith report to
the Board the circumstances under which the order was made.
(2) Notwithstanding anything contained in the terms of contract
appointment or any other terms and conditions of service of the employee, the
Board in respect of Teacher, and the Appointing Authority, in respect of other
employees, as the case may be, shall have the power to remove the Teacher or
other employee, as the case may be, on grounds of misconduct.
(3) Save as aforesaid, the Board, or the Appointing Authority, as the
case may be, shall not be entitled to remove any Teacher or any other employee
except for a justified cause and after giving three months’ notice to the person
concerned or payment of three months salary to him in lieu thereof.
(4) No Teacher or other employee shall be removed under clause (2) or
clause (3) unless he has been given a reasonable opportunity of showing the
cause against the action proposed to be taken in regard to him.
(5) The removal of Teacher or other employee shall take effect from
the date on which the order of removal is made.
(6) Notwithstanding anything contained in the foregoing provisions of
this Act, the Teacher or other employee may resign,—
(a) if he is a permanent Teacher or employee, only after giving three
months notice in writing to the Board or the Appointing
Authority, as the case may be, or by paying three months salary
in lieu thereof; and
or
(b) if he is a temporary Teacher or employee only after giving one
month notice to the Board or the Appointing Authority, as the
case may be, or by paying one month salary in lieu thereof :
Provided that such resignation shall take effect only from the date on
which the resignation is accepted by the Board or the Appointing Authority, as
the case may be.
CHAPTER-V
FUNDS OF THE UNIVERSITY, ACCOUNTS, AUDIT AND
INSPECTIONS
28. The University Fund.—(1) The University shall establish a fund
to be called the University Fund to which shall be credited:—
(a) any contribution or grant or loan received from the State
Government and the Central Government;
(b) the income of the University from all sources including income
from fees and other charges;
(c) all moneys received by the University by way of bequest,
donations, gifts, endowments and other grants, if any;
(d) all moneys received by the University in any other manner or
from any other source.
(2) All funds of the University shall be deposited in such banks or
invested in such manner as decided by the Vice-Chancellor.
(3) The funds of the University shall be applied towards the expenses
of the University including expenses incurred in the exercise of its powers and
discharge of its functions by or under this Act.
29. Accounts and Audit.—(1) The University shall maintain proper
accounts and other relevant records and prepare Annual Statement of Accounts,
including Income and Expenditure and the Balance Sheet in such form as may
be specified by notification, by the State Government.
(2) An Internal Auditor shall audit the accounts of the University to
ensure concurrent audit of all books of accounts and such periodical internal
audit reports so prepared shall be placed before the Finance Committee for its
consideration.
(3) The accounts of the University shall be audited every year by an
Auditor, who shall be the Chartered Accountant, as defined in the Chartered
Accountant Act, 1949, or a firm of Chartered Accountant, to be appointed by
the Board.
(4) The accounts of the University certified by the Chartered
Accountant or firm so appointed or any other person authorized in this behalf,
together with audit report thereon shall be placed before the Board and the
Board may issue such instructions to the University in respect thereof as it
deems fit and the University shall comply with such instructions.
30. Submission of Annual Report.—(1) The University shall prepare
Annual Report for each financial year containing such particulars as the Board
may specify and shall submit to the Board on or before such date as may be
prescribed.
(2) The copy of the Annual Report approved by the Board shall be
submitted to the Government and the Government shall cause the same to be
laid before the State Legislature in accordance with such provisions as may be
laid down by the Government.
31. Contributory Provident Fund or General Provident Fund.—
The University shall, with the approval of the Board institute Contributory
Provident Fund or General Provident Fund for the benefit of its Officers,
Teachers and employees and shall be governed by the provisions of the
Provident Funds Act, 1925 as specified by the Statutes.
32. Inspection.—(1) The State Government shall have the right to
cause an inspection, to be made by such person or persons as it may direct the
University, its buildings, laboratories, libraries, museums, press establishments,
workshops, equipments, any College or Institution maintained by, or affiliated
to the University, works conducted or done by the University or the Institution,
and any income, expenditure, properties, assets and liabilities of the University,
and of any College or Institution maintained by or affiliated to the University.
(2) The State Government shall, in every such case of inspection or
enquiry, give previous notice to the University, or to such College or
Institution, of its intention to cause such inspection or enquiry.
(3) The State Government shall communicate to the Board or to such
College or Institution, as the case may be, its views on the results of such
inspection or enquiry, and may, after considering the opinion of the Board or of
such College or Institution, thereon, advise the University or such College or
Institution regarding the action which the State Government considers fit to be
taken by the University or such College or Institution in the matter concerned
and the University or such College or Institution shall report to the State
Government within such time, as the State Government may direct the action
which is proposed to be taken by the University to give effect to such advice of
the State Government.
(4) The State Government may, after considering the report referred to
in suExcerpt shown. Open the full act in Lexace.