The JAMMU AND KASHMIR BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002

BABA GHULAM SHAH BADSHAH
UNIVERSITY ACT, 2002
(Act No. XVI of 2002)
120 BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002
BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002 121
THE JAMMU AND KASHMIR BABA GHULAM SHAH
BADSHAH UNIVERSITY ACT, 2002
(Act No. XVI of 2002)
CONTENTS
Preamble
SECTION
1. Short title and commencement.
2. Definitions.
3. The University.
4. Objects.
5. Powers of the University.
6. University open to all classes, castes and creeds.
7. Jurisdiction of the University.
8. Officers of the University.
9. Authorities of the University.
10. Council.
11. Trust.
12. The Executive Council.
13. The Academic Council.
14. The Academic Advisory Committee.
15. Statutes.
16. Statutes how made.
122 BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002
SECTION
17. Ordinance.
18. Regulations.
19. Colleges.
20. Annual Reports.
21. General Fund.
22. Audit of Accounts.
23. Disputes as to constitution of University Authorities and Bodies.
24. Constitution  of Committees.
25. Filling of Casual Vacancies.
26. Proceedings of the University Authorities and Bodies not invalidated by
vacancies.
27. Removal of difficulties.
28. Transitional provisions.
STA TUTES
–––––––
BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002 123
THE JAMMU AND KASHMIR BABA GHULAM SHAH
BADSHAH UNIVERSITY ACT, 2002
(Act No. XVI of 2002)
[Received the assent of the Governor on 21st April, 2002 and
published in the Government Gazette dated 23rd April, 2002].
An Act to provide for the establishment of a residential and
technical University in the State of Jammu and Kashmir to offer scientific
and technical education as also to usefully utilize the surplus finance of
Baba Ghulam Shah Trust for matter connected therewith.
Be it enacted by the Jammu and Kashmir State Legislature in the
Fifty-third Year of the Republic of India as follows :––
1. Short title and commencement. ––(1) This Act may be called
the Jammu and Kashmir Baba Ghulam Shah Badshah University Act, 2002.
1[(2) It shall come into force on such date as the Government may,
by notification in the *[Government Gazette], appoint.]
(3) Seat of the University shall be at Moradpur, Rajouri or such
other place as may be identified by the Government on the recommendations
of **[State Wakaf Council].
2. Definitions.––In this Act, unless the context otherwise
requires,—
2[(a) “affiliated college” means college which has been granted
affiliation by the University ;]
3[(aa)] “College” means a college maintained by the University ;
4[(b) “Board” means a Board established under section 13 of the
Waqf Act,1995 (Central Act No.43 of 1995) ;]
1. Enforced  vide  SRO-114 dated 31st March, 2003  w. e. f. 1st, April, 2003.
* Now Official Gazette.
* * Now Board.
2. Clause (a) inserted by S.O. 1229(E) dated 31.3.2020.
3. Existing clause (a) renumberred as (aa) ibid.
4. Clause (b) substituted ibid.
124 BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002
(c) “Hall” means a unit of residence, by whatever name
called, for students of the University provided, maintained
or recognised by it ;
1[(cc) “offsite or satellite campus means campus established and
maintained by the University outside the main campus ;]
(d) “prescribed” means prescribed by Statutes, Ordinances or
Regulations ;
(e) “recognised institution” means an institution of higher
learning maintained by the University or started by
2[Council] or Trust and recognised by, or associated with
the University ;
(f) “State” means the *State of Jammu and Kashmir ;
(g) “Statutes”, “Ordinances” and “Regulations” means
respectively, the Statutes, Ordinances and Regulations of
the University made under this Act ;
(h) “Trust” means the Hazrat Baba Ghulam Shah Badshah
Trust ;
(i) “University” means Baba Ghulam Shah Badshah
University.
3. The University.–– The First Chancellor and the first Vice-
Chancellor of the University, the Executive Council and the Academic
Council and all persons who may hereafter become such officers, so long
as they continue to hold such offices are hereby constituted a body
corporate by the name of “Baba Ghulam Shah Badshah University”.
4. Objects.–– The objects of the University shall be to disseminate
and advance knowledge, wisdom and understanding, and to offer
3[scientific, technical and multidisciplinary] education of the highest
standards by teaching and research and by the example and influence of
its corporate life.
1. Clause (cc) inserted by S. O. 1229(E) dated 31.03.2020.
* ‘State’ is to be construed as ‘Union territory’
2. Throughout the Act, substituted for “Council” by S. O. 1229(E) dated 31.03.2020.
3. Substituted for the words “scientific and technical” by S.O. 1229(E) dated
31.3.2020.
BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002 125
5. Powers of the University.–– The University shall have the
following powers, namely :––
(1) to provide for instruction including the method of
correspondence courses in such branches of learning as
the University may from time to time determine, and to
make provision for research, for the advancement and
dissemination of knowledge and for offering scientific
and technical education of the highest standards ;
(2) to confer honorary degrees or other academic distinctions
in the manner laid down in the Statute ;
(3) to create such teaching, administrative and other posts
as the University may deem necessary, from time to time
and to make appointments thereto ;
(4) to appoint or recognise persons as Professors, 1[Associate
Professors or Assistant Professors] or otherwise as
teachers of the University ;
(5) to institute an award, Fellowships, Scholarships,
Exhibitions and prizes ;
2[(6) to establish, maintain, recognise and affiliate colleges and
Halls, to recognise guide, supervise and control Halls
established by the Council or Trust or Government and
to withdraw such recognition ;]
(7) to regulate and enforce discipline among students and
employees of the University and to take such disciplinary
measures in this regard as may be deemed necessary ;
(8) to make arrangements for promoting health and general
welfare of students and employees of the University ;
(9) to determine and provide for examinations for admission
into the University ;
1. Substituted for “Readers or Lecturers” by S.O. 1229(E) of 2020 dated 31.3.2020.
2. Clause (6) substituted ibid.
126 BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002
(10) to recognise for any purpose, either in whole or in part
any institution started and maintained by Council on
terms and conditions as may, from time to time, be
prescribed and to withdraw such recognition ;
(11) to co-operate with any other University, authority or
association or any other public or private body having
in view the promotion of purposes and objects similar to
those for the University for such purposes as may be
agreed upon on such terms and conditions, as may, from
time to time, be prescribed ;
(12) to enter into any agreement for the incorporation in the
University or any other institution and for taking over its
rights, properties and liabilities and for any other purpose
not repugnant to this Act ;
(13) to demand and receive payment of such fees and other
charges as may be prescribed, from time to time ;
(14) to receive donations and to acquire, hold and manage any
property movable or immovable including trust or endowed
property for the purposes or objects of the University,
and to invest funds in such manner as the University
thinks fit ;
(15) to make provision for research and advisory services, and
for that purpose to enter into such arrangements with
other institutions or bodies as the University may deem
necessary ;
(16) to provide for the printing, production and publication of
research and other work which may be issued by the
University ;
(17) to borrow, with the approval of Council on security of
the University property, money for the purposes of the
University ;
(18) to do all such things as may be necessary, incidental or
conducive to the attainment of all or any of the objects
of University.
BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002 127
6. University open to all classes, castes and creeds.–– The University
shall be open to all persons of either sex and of whatever race, creed,
caste or class.
7. Jurisdiction of the University.–– The territorial jurisdiction and
the responsibility of the University shall extend to the entire State of
Jammu and Kashmir.
8. Officers of the University. ––(1) The 1[Lieutenant Governor of
the Union territory of Jammu and Kashmir] shall by virtue of his office
be the Chancellor of the University.
(2) The Chancellor shall, if present, preside at convocation of the
University for conferring degrees.
(3) There shall be a Vice-Chancellor appointed in the manner
prescribed by the Statutes who shall be the Principal Executive and
Academic Officer of the University and ex officio Chairman, of the
Executive Council, Academic Council and Finance Committee and he shall,
in the absence of the Chancellor preside at any convocation for conferring
degrees.
(4) There shall be a Dean for each School of Study who shall
be appointed in such manner and with such powers and duties as may
be prescribed by the Statutes.
(5) There shall be a Registrar who shall act as Secretary of the
Executive Council and the Academic Council and he shall be appointed
in such manner and with such powers and duties as may be prescribed
by the Statutes.
(6) There shall be a Finance Officer, who shall be the Secretary
of the Finance Committee and exercise such powers and perform such
duties as may be prescribed by the Statutes.
(7) There shall be such other officers as provided for in the
Statutes.
9. Authorities of the University.–– The authorities of  the University
shall be the Council, Trust, the Executive Council, the Academic Council,
1. Substituted for “Chief Minister of the State” by S.O. 1229(E) dated 31.3.2020.
* Now Union territory.
128 BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002
the Schools of Studies, the Finance Committee and such other authorities
as may be declared by the Statutes to be authorities of the University.
10. Council. ––(1) The Council shall be the supreme authority of
the University.
(2) The Council shall have the power to review the acts of the
Executive Council and the Academic Council (save when these authorities
have acted in accordance with the powers conferred upon them under
this Act, the Statues or the Ordinances) and shall exercise all the powers
of the University not otherwise provided for by this Act or the Statutes.
11. Trust.–– The Trust shall, subject to direction, control and
superintendence of the Council have the powers of the Council for
purposes of carrying the objects of this Act.
12. The Executive Council. ––(1) The Executive Council shall
consist of the following members, namely :––
(i) the Vice-Chancellor of the University ;
(ii) the Vice-Chancellor of the University of Jammu ;
(iii) the Vice-Chancellor of the University of Kashmir ;
(iv) the Dean of Students, ex-officio ;
(v) not more than two Deans of Schools of Studies, by
rotation according to seniority ;
(vi) not more than two Principals of Colleges ;
(vii) three persons, none of whom shall be an employee of the
University or an institution recognised by, or associated
with, the University nominated by Chancellor ;
1[(viii) not more than two Principals of affiliated Colleges on
rotation basis to be nominated by the Vice-Chancellor.]
(2) The members of the Executive Council referred to in items (v)
and (vi) shall hold office for a term of three years.
1. Clause (viii) inserted by S.O. 1229(E) dated 31st March, 2020.
BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002 129
(3) The members referred to in item (vii) shall hold office for a
term of three years.
(4) The term of office of the members of the Executive Council
shall commence from the date of election, nomination or appointment, as
the case may be.
(5) Four members of the Executive Council shall form the quorum.
(6) The Executive Council shall be the executive body of the
University, and its constitution and the terms of the office of its members,
other than ex-officio members, shall be prescribed by the Statutes.
(7) It shall be incharge of the general management and
administration (including the revenue and property) of the University.
13. The Academic Council. ––(1) The Academic Council shall be
the academic body of the University, and its constitution and the terms
of office of its members, other than ex-officio members, shall be prescribed
by the Statutes.
(2) The Academic Council shall, subject to the provisions of this
Act, the Statutes and the Ordinances, have the control and general
regulation and be responsible for the maintenance of standards of
instruction, education and examination within the University and shall
exercise such other powers and perform such other duties as may be
conferred or imposed upon it by the Statutes.
14. The Academic Advisory Committee. ––(1) There shall be
constituted an Academic Advisory Committee of the University which
shall advise generally on the planning and development of the University
and keep under review the standard of education and research in the
University.
(2) The Committee shall consist of––
(a) not more than seven persons of high academic standing
who shall be appointed in such manner as may be
prescribed by the Statutes ;
(b) the Vice-Chancellor ;
130 BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002
(c) the Secretary to Government, Higher Education
Department, ex-officio ; and
(d) the Secretary to Government, Haj and Auqaf Affairs
Department.
(3) The Chancellor may determine a date with effect from which
the Academic Advisory Committee shall stand dissolved.
15. Statutes.–– Subject to the provisions of this Act the Statutes
may provide for all or any of the following matters, namely :—
(a) the constitution, powers and duties of the authorities and
other bodies of the University except Council and Trust,
the qualifications and disqualifications for membership of
such authorities and other bodies, appointment and
removal of members thereof and other matters connected
therewith ;
(b) the appointment, powers and duties of the officers of the
University ;
(c) the appointment, powers and conditions of service and
powers and duties of the employees of the University ;
(d) the terms and conditions under which institutions may be
associated with the University ;
(e) the administration of the University, the establishment and
abolition of the colleges, institutions and Halls, the grant
and withdrawal of recognition to institutions, the institutions
of Fellowships, Awards and the like, the conferment of
degrees and other academic distinctions and the grant of
diplomas and certificates ;
(f) the giving of religious instruction ;
(g) any other matter which is necessary for the proper and
effective management and conduct of the affairs of the
University and which by this Act is to be or may be
provided by the Statues.
BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002 131
16. Statutes how made. ––(1) The first Statutes are those set out
in the schedule.
(2) The Executive Council may, from time to time, make new or
additional statutes or may amend or repeal the statutes in the manner
hereafter in this section provided :
Provided that Executive Council shall not make any Statute or any
amendment of the Statute affecting the status, powers or constitution of
any existing authority of the University until such authority has been
given an opportunity of expressing an opinion on the proposal and any
opinion so expressed shall be in writing and shall be considered by the
Executive Council :
Provided further that no Statutes shall be made by the Executive
Council affecting the discipline of students and standards of instruction,
education and examination except after consultation with the Academic
Council.
17. Ordinance. ––(1) Subject to the provisions of this Act and
the Statutes, the ordinances may provide for all or any of the following
matters, namely :––
(a) the admission of the students, the course of study and
the fees therefor, the qualifications pertaining to degrees,
diplomas, certificates and other academic distinctions,
the conditions for grant of Fellowships, Awards and the
like ;
(b) the conduct of examinations, including the terms of office
and appointment of examiners and the conditions of
residence of students and their general discipline ;
(e) the management of colleges and institutions maintained
by the University ;
(d) any other matter which by this Act or the Statutes is to
be or may be provided by the Ordinances.
(2) The first Ordinances shall be made by the Vice-Chancellor
with the previous approval of the Council and the Ordinances made may
132 BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002
be amended, repealed or added to at any time by the Executive Council
in the manner prescribed by the Statutes.
18. Regulations.–– The authorities of the University may make
the regulations for the conduct of their own business and that of the
Committees appointed by them and not provided for by this Act, the
Statutes or the Ordinances in the manner prescribed by the Statutes.
1[19. Colleges.–– The Colleges shall be such, as may be established
by the Board or Trust or Government and recognised by the Executive
Council in accordance with this Act.]
20. Annual  Reports. ––(1) The annual report of the University
shall be prepared under the direction of the Executive Council and shall
be submitted to Council on or before such date as may be prescribed by
the Statutes and shall be considered by the Council at its budget meeting.
(2) The Council may communicate its comments thereon to the
Executive Council.
21. General Fund.–– The University shall have a General Fund
set up by Council in the name of the University and operated by the
University to which shall be credited––
(i) rupees fifteen crore as a one time capital grant to be made
by trust for meeting the non-recurring cost of the
University ;
(ii) rupees two crore to be annually contributed by Trust ;
(iii) its income relating the fee and endowments ;
(iv) contribution or grants which may be made by the
Government ;
(v) contribution or grants which may be made by the
Council ; and
(vi) other contributions or grants.
1. Section 19 substituted by S.O. 1229(E) dated 31st March, 2020.
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22. Audit of Accounts. ––(1) The Accounts of the University shall,
once at least in every year and at intervals of not more than fifteen months
be audited by the Chartered Accountants of the University.
(2) A copy of the accounts when audited together with the audit
report shall be submitted by the Registrar, to the Chancellor, to the Trust
and to the Council.
23. Disputes as to Constitution of University Authorities and
Bodies.–– If any question arises whether any person has been duly
elected or appointed as, or is entitled to be a member of any authority
or other body of the University, the matter shall be referred to the
Chancellor whose decision thereon shall be final.
24. Constitution of Committees.–– Where any authority, of the
University is given power by this Act or the Statutes to appoint
Committees, such Committees shall, save as otherwise provided, consist
of members of the authorities concerned and of such other persons (if
any) as the authority in such case may think fit.
25. Filling of Casual Vacancies.–– All casual vacancies among
the members (other than ex-officio members) of any authority or other
body of the University shall be filled, as soon as conveniently may be,
by the person or body who appointed, elected or co-opted the member
whose place has become vacant and the person appointed, elected or co-
opted to a casual 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 a member.
26. Proceedings of the University Authorities and Bodies not
invalidated by vacancies.–– No act or proceedings of any authority or
other body of the University shall be invalidated merely by reason of the
existence of a vacancy or vacancies among its members.
27. Removal of difficulties.–– If any difficulty arises in giving
effect to provisions of this Act, Chancellor may, by order published in
the Government Gazette, make such provisions not inconsistent with the
purposes of this Act, as appear to it to be necessary or expedient for
removing the difficulty :
134 BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002
Provided that no such order shall be made after the expiry of two
years from the commencement of this Act.
28. Transitional Provisions.–– Notwithstanding anything
contained in this Act and Statutes 1[the first Vice-Chancellor, Executive
Council] and the Academic Council shall be nominated by the Council and
shall hold office for a term of  three years :
Provided that the Vice-Chancellor of the University of Kashmir
and the University of Jammu shall be ex-officio members of the Executive
Council so nominated.
–––––––
SCHEDULE
THE STATUTES OF THE UNIVERSITY
In the statutes––
1. Definition.––(a) “Act” means, The Baba Ghulam Shah Badshah
University Act, 2002.
(b) All words and expressions used herein and defined in the Act
shall have the meanings respectively assigned to them in the Act.
2. Vice-Chancellor.––(1) The Vice-Chancellor shall be appointed
by the Chancellor from a panel of not less than four persons who shall
be recommended by a Committee consisting of four members :
Provided that, if the chancellor does not approve any of the
persons so recommended, he may call for fresh recommendations.
(2) The Committee shall consist of ––
(i) a member to be nominated by the Chancellor who shall
be the Chairman of the Committee ;
(ii) a member to be nominated by the University Grants
Commission ; and
1. Substituted for the words the “the first Executive Council” by Act No. XVIof 2005, s. 2, w. e. f. 26th September, 2004.
BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002 135
(iii) two members, not being connected with the University or
any institution recognised by, or associated with the
University, to be nominated by the Executive Council.
(3) The Vice-Chancellor shall be a whole time salaried officer of
the University.
(4) The Vice-Chancellor shall hold office for a minimum term of the
three years extendable upto five years from the date on which he enters
upon his office and shall on the expiration of his term of office, be ineligible
for appointment to that office :
Provided that the Vice-Chancellor shall notwithstanding the
expiration of his term, continue to hold his office until his successor is
appointed and enters upon his office.
(5) The emoluments and terms and conditions of service of the
Vice-Chancellor shall be as follows :––
(i) there shall be paid to the Vice-Chancellor such salary as
is determined by the Chancellor  at the time of his
appointment and he shall be entitled, without payment of
rent, to use a furnished residence throughout his term of
office and no charge shall fall on the Vice-Chancellor
personally in respect of the maintenance of such residence.
(ii) The Vice-Chancellor shall not be entitled to the benefits
of the University, Provident Fund or to any other
allowance :
Provided that, where any employee of the University
is appointed as Vice-Chancellor, he shall be allowed to
continue to contribute to the Provident Fund and the
contribution of the University shall be limited to what he
had been contributing immediately before his appointment
as Vice-Chancellor.
(iii) The Vice-Chancellor shall be entitled to Dearness
Allowance and Travelling Allowance at such rates as may
be fixed by the Chancellor.
136 BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002
(iv) The Vice-Chancellor shall be entitled to leave on full pay
for one eleventh of the period spent by him on active
service.
(v) The Vice-Chancellor shall also be entitled, on medical
grounds or otherwise than on medical grounds to leave
without pay for a period not exceeding three months
during the term of this office :
Provided that such leave may be converted into leave
on full pay to the extent to which he will be entitled to
leave under sub-clause (iv).
(vi) if the office of the Vice-Chancellor becomes vacant, the
functions of office shall, until some person is appointed
under clause (i) to the vacant office, be performed by
such person as is designated by the Chancellor.
3. Powers and duties of Vice-Chancellor.—(1) The Vice-Chancellor
shall have a general responsibility for maintaining and promoting efficiency
and good order of the University.
(2) It shall be the duty of the Vice-Chancellor to see that the
provisions of the Act, these Statutes, Ordinances and the Regulations are
duly observed and the decisions taken by the authorities of the University
are implemented.
(3) The Vice-Chancellor shall have power to convene meetings of
the Executive Council and the Academic Council and shall perform all such
acts as may be necessary to carry out the provisions of the Act, these
Statutes and the Ordinances.
(4) The Vice-Chancellor shall be entitled to be present at and to
address any meeting of any authority or body or committee of the
University and shall be entitled to vote thereat being deemed to be its
Chairman by virtue of his office.
(5) If, in the opinion of the Vice-Chancellor any emergency has
arisen which requires immediate action to be taken, the Vice-Chancellor shall
take such action as he deems necessary and shall report the same for
approval at the next meeting to the authority which, in the ordinary course,
would have dealt with the matter :
BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002 137
Provided that, if the action by the Vice-Chancellor is not approved
by the Authority concerned, he may refer the matter 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 30 days from the date on which he
received notice of such action, an appeal to the Executive Council.
(6) The Vice-Chancellor shall exercise such other powers as may
be prescribed by the Ordinances or the Regulations.
4. Dean of  School of Studies.—(1) Every Dean of a School
of Studies shall be appointed by the Vice-Chancellor for a period of three
years and he shall be eligible for re-appointment :
Provided that, when the office of the Dean of a School of Studies
is vacant or when the Dean is, by reasons of illness or absence or for
any other cause, unable to perform the duties of his office, the duties
of the office shall be performed by such person as the Vice-Chancellor
may appoint for the purpose.
(2) The Dean shall be the Head of the School of Studies and shall
be responsible for the conduct and standard of teaching and research in
the School. He shall have such other functions as may be prescribed by
the Ordinances.
(3) The Dean shall have the right to be present and to speak at
any meeting of a Board or Committee of the School, as the case may be,
but not the right to vote thereat unless he is a member thereof.
5. Registrar.—(1) The Registrar shall be appointed by the
Executive Council and shall be a whole-time salaried officer of the
University.
(2) When the office of the Registrar is vacant or when the
Registrar is, by reason of illness or absence or for any other cause, unable
to perform the duties of his office, the duties of the office shall be
performed by such person as the Vice-Chancellor may appoint for the
purpose.
138 BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002
(3) The registrar shall not, by reason only of his being Secretary
of the Executive Council and the Academic Council, be deemed to be a
member of any of these authorities.
(4) The Registrar shall––
(a) be the custodian of the records, the common seal and
other properties of the University as the Executive Council
shall comment  his charges ;
(b) conduct the official correspondence of the Executive
Council and the Academic Council ;
(c) supply to the Chancellor copies of the agenda of meeting
of the authorities of the University as soon as they are
issued and the minutes of the meetings of the authorities
ordinarily within a month of the holding of the meetings
;
(d) in an emergency, when the Vice-Chancellor is not able to
act, call a meeting of the Executive Council forthwith and
take its directions for carrying on the work of the
University ;
(e) represent the University in suits or proceedings by or
against the University, sign powers of attorney and verify
pleadings or depute his representative for the purpose ;
and
(f) perform such other duties as may be specified in the
Statutes, or prescribed by the ordinances or the
Regulations or as may be required, from time to time by
the Executive Council or the Vice-Chancellor.
(g) (i) The Registrar shall have power to take disciplinary
action against the employees belonging to the
ministerial staff and to suspend them pending
inquiry to administer warnings to them or to
impose on them the penalty of censure or the
BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002 139
withholding of increment :
Provided that no such penalty shall be imposed
unless the person concerned has been given a
reasonable opportunity of showing cause against
the action proposed to be taken in regard to him.
(ii) An appeal shall lie to the Vice-Chancellor  against
any order of the registrar imposing the penalty
of the withholding of increment.
(iii) In a case where the inquiry discloses this a
punishment beyond the powers of the Registrar,
is called for, the Registrar shall, upon conclusion
of the inquiry, make a report to the Vice-Chancellor
alongwith his recommendations for such action
as the Vice-Chancellor deem fit :
Provided that an appeal shall lie to the
Executive Council against the order of the Vice-
Chancellor imposing the penalty of dismissal.
6. Finance Officer.––(1) The Finance Officer shall be appointed
by the Executive Council and shall be a whole-time salaried officer of the
University.
(2) When the office of the Finance Officer is vacant or when the
Finance Officer is, by reason of illness or absence or for any other cause,
unable to perform the duties of his office, the duties of the office shall
be performed by such person as the Vice-Chancellor may appoint for the
purpose.
(3) The Finance officer shall––
(a) exercise general supervision over the funds of the
University and shall advise it as regards its financial
policy ; and
(b) perform such other financial functions as may be assigned
to him by the Executive Council or as may be prescribed
by the Statutes or the ordinances :
140 BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002
Provided that the Finance Officer shall not incur any
expenditure or make any investment exceeding Rs. 25000
without the previous approval of the Vice-Chancellor.
(4) Subject to the control of the Executive Council, the Finance
Officer shall––
(a) hold and manage the property and investments including
trust and endowed property for furthering any of the
objects of the University ;
(b) see that the limits fixed by the Finance Committee for
recurring and non-recurring expenditure for a year are not
exceeded and that all moneys are expended on the
purposes for which they are granted or allotted ;
(c) be responsible for the preparation of annual accounts and
the budget of the University for the next financial year
and for their presentation to the Executive Council ;
(d) keep a constant watch on the state of the cash and bank
balances and on the state of investments ;
(e) watch the progress of collection of revenue and advise
on the methods of collection employed ;
(f) have the accounts of the University regularly audited by
an internal audit party ;
(g) see that the registers of buildings, land furniture and
equipment are maintained upto date and that the stock
checking is conducted of equipment and other consumable
materials in all offices, special centres, specialised
laboratories, colleges and institutions maintained by the
University ;
(h) call for explanation for unauthorised expenditure and for
other financial irregularities and suggest disciplinary action
against the persons at fault ; and
(i) call for from any office or college or institution under the
University any information or return that he may consider
necessary to discharge his financial responsibilities.
BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002 141
(5) The receipt of the Finance Officer or of the person/persons
duly authorised in this behalf by the Executive Council for any money
payable to the University shall be sufficient discharge for the same.
7. Officers of the University.—(1) The following shall also be the
officers of the University, namely :––
(a) Dean of Students,
(b) Chief Proctor,
(c) Librarian,
(d) Controller of Examinations.
(2) (a) The Dean of Students shall be appointed from
amongst employees of the University, who are or
who have been teachers of the University, not
below the rank of Reader, by the Executive Council
on the recommendation of the Vice-Chancellor,
the Dean shall be a whole time employee of the
University, shall hold office for a term of three
years and shall be eligible for re-appointment.
(b) The person who is appointed as the Dean of
Students shall continue to hold his lien on his
substantive post.
(c) When the office of the Dean of Students is
vacant or when the Dean of Students is, by
reason of illness or absence or for any other
cause, unable to perform the duties of his office,
the duties of the office shall  be performed by
such person as the Vice-Chancellor may appoint
for the purpose.
(d) The duties and powers of the Dean of Students
shall be prescribed by the Ordinances.
(3) (a) The Chief Proctor shall be appointed by the
Executive Council on the recommendation of the
Vice-Chancellor and shall exercise such powers
142 BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002
and perform such duties in respect of the
maintenance of discipline among the students as
may be assigned to him by the Vice-Chancellor.
(b) The Chief Proctor shall hold office for a term of
two years and shall be eligible for re-appointment.
(4) (a) The Librarian shall be appointed by the Executive
Council and shall be a whole time salaried officer
of the University ;
(b) The duties and powers of the Librarian shall be
regulated by the ordinances.
8. Powers of the Executive Council.–– Subject to the provisions
of the Act, these Statutes and the ordinances, the Executive Council shall,
in addition to any other powers vested in it, have the following powers,
namely :––
(i) to appoint such Professors, Readers,  Lecturers  and other
members of the teaching staff as may be necessary, on
the recommendations of the Selection Committees
constituted for the purpose, and to provide for filling
temporary vacancies therein, provided that no appointment
of the rank of Reader and above shall be made without
the prior approval of the Chancellor ;
(ii) to fix the emoluments and define the duties and conditions
of service of Professors, Readers, Lecturers and other
members of the teaching staff :
Provided that no action shall be taken by the Executive
Council in respect of the number, the qualifications and
the emoluments of teachers otherwise than after
consideration of the recommendations of the Academic
Council ;
(iii) to create administrative, ministerial and other necessary
posts and to make appointment thererto ;
(iv) to regulate and enforce discipline among the members of
the teaching, administrative and ministerial staff of the
University in accordance with these Statutes and the
BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002 143
Ordinances ;
(v) to manage and regulate the finance, accounts, investments,
property, business and all other administrative affairs of the
University and, for that purpose, to appoint such agents as
it may think fit ;
(vi) to accept on behalf of the University any trust, bequest,
donation or transfer of any movable or immovable property
to the University ; and
(vii) to provide the buildings, premises, furniture, apparatus
and other means needed for carrying on the work of the
University ;
(viii) to enter into, vary, carry out and cancel contracts on
behalf of the University ;
(ix) to entertain, adjudicate upon, and if it thinks fit, to
redress, any grievances of the salaried officers, the
teaching staff and other employees of the University who
may for any reasons feel aggrieved :
Provided that, in matters of discipline and punishment,
where the final power has been vested in the Vice-
Chancellor, or any other officer of the University, no
appeal shall lie to the Executive Council ;
(x) to appoint examiners and moderators and, if necessary,
to remove them, and to fix their fees, emoluments and
travelling and other allowances after consulting the
Academic Council ;
(xi) to select a common seal for the university and provide
for the custody and use of the seal ;
(xii) to institute fellowships, scholarships, statesmanship,
medals and prizes ;
(xiii) to delegate any of its powers to the Vice-Chancellor, the
Registrar or such other officer of the University or to a
Committee appointed by it as it may deem fit.
144 BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002
9. Academic Council. ––(1) The Academic Council shall consist
of the following members, namely :––
(i) The Vice-Chancellor ;
(ii) The Deans of Schools of Studies ;
(iii) The Dean of Students
(iv) The Chief Proctor ;
(v) The Librarian ; and
(vi) Such number of other persons as may be nominated by
the Executive Council out of the institutions recognised
by or connected with the University.
(2) All members of the Academic Council, other than ex-officio
members shall hold office for a term of two years.
(3) Ten members of the Academic Council shall form the quorum.
10. Powers and duties of the Academic Council.––Subject to the
provisions of the Act and these Statutes, the Academic Council shall, in
addition to all other powers vested in it, have the following powers, duties
and functions, namely :––
(i) to report on any matter referred to it by the Chancellor/
or the Executive Council ;
(ii) to make proposals to the Executive Council for the
establishment of Departments, Colleges, Institutions of
higher learning, Special Centres, Specialised Laboratories,
Libraries and Museums ;
(iii) to formulate, modify or revise schemes for the organisation
of, and assignment of subjects to Schools of Studies ;
(iv) to consider proposals submitted by the Schools of
Studies ;
(v) to promote research within the University and to requisition
from time to time reports on such research ;
BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002 145
(vi) to make recommendations to the Executive Council with
regard to the creation and abolition of teaching posts and
the emoluments and duties attached thereto ;
(vii) to recognise diplomas and degrees of other University
and institutions and to determine their diplomas and
degrees of Shri Mata Vaishno Devi University ;
(viii) to appoint Committees for admission to University ;
(ix) to publish lists of prescribed or recommended text
books and to publish the syllabi of prescribed courses
of study ;
(x) to make such arrangements for the instruction and
examination of persons, not being members of the
University as may be necessary ;
(xi) to recommend to the Executive Council draft ordinances
regarding examinations by the University and the
conditions on which student should be admitted to such
examination ;
(xii) to make recommendations to the Executive Council in
regard to the appointment of examiners and, if necessary,
their removal and the fixation of their fees, emoluments and
travelling and other expenses ;
(xiii) to make arrangements for the conduct of examinations and
to fix dates for holding them ;
(xiv) to declare the results of various University Examinations,
or to appoint committees or officers to do so ;
(xv) to make recommendations for the conferment of honorary
degrees to confer or grant degrees, academic distinctions,
honours, diplomas, licences, title and marks of honour ;
(xvi) to make proposals to the Executive Council for the
institution of fellowships, scholarships, studentships,
medals and prizes and to award the same ;
146 BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002
(xvii) to perform, in relation to academic matters, all such duties
and to do acts as may be necessary for the proper
carrying out of the provisions of the Act, these Statutes
and the ordinances ;
(xviii) to promote the health and welfare of students and to
constitute a Council of Students Affairs consisting of
such number of teachers and Students as may be
prescribed by the ordinances to advise the Academic
Council on matters relating to the welfare of students of
the University.
11. The Academic Advisory Committee. —(1) The members and
the Chairman of the Academic Advisory Committee shall be appointed by
the Chancellor and shall hold office for such period as he may determine.
(2) The Academic Advisory Committee shall, in addition to all
other powers vested in it by the Act, have right to advise the Executive
Council and the Academic Council on any academic matter.
12. Schools of Studies. ––(1) The University shall have such
schools of studies as may be specified in the Ordinances.
(2) (a) Every School of Studies (hereinafter referred to
as the School) shall consist of such Departments
as may be assigned to it by the Ordinances ;
(b) Such Department shall consist of the following
members, namely:––
(i) teachers of the Department ;
(ii) persons appointed to conduct research
in the Department ;
(iii) Honorary Professors, if any, attached to
the department ;
(iv) such other persons as may be members
of the department in accordance with the
provisions of the Ordinances ;
BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002 147
(c) Each Department shall have a Head who may be
a professor or, if there is no Professor, a Reader
and whose duties and function shall be prescribed
by the Ordinances :
Provided that if there are more Professors or, as the
case may be, Readers than one in any Department, the
Executive Council shall appoint one of them as the Head
of the Department.
(3) Every School shall have a Board consisting of the following
members, namely :––
(i) The Dean of the School ;
(ii) The Heads of the Departments in the School ;
(iii) The Professors in the Departments in the School ;
(iv) One Reader and one Lecturer, by rotation according to
seniority, from each Department in the School ;
(v) Five members nominated by the Academic Council for their
special knowledge in any subject assigned to the School
or in any allied branch of knowledge ;
(vi) Such other members, but not exceeding five, as may be
specified in the Ordinance.
(4) All members of a Board other than ex-officio members shall
hold office for a term of three years and shall be eligible for  re-
appointment. The first term of members shall commence from such date
as may be notified by the University.
(5) Every board shall have such powers and shall perform such
duties as may be prescribed by the University.
(6) The conduct of the meetings of a Board and the quorum
required shall be prescribed by the Ordinances.
148 BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002
13. Finance Committee. ––(1) The Finance Committee shall
consist of the following members, namely :––
(i) the Vice-Chancellor ;
(ii) three persons, nominated by the Chancellor ;
(iii) three persons, who are not employees of the University
or of any recognised institution nominated by the
Executive Council.
(2) The Finance Officer shall be the Secretary of the Finance
Committee.
(3) Three members of the Finance Committee shall form  the
quorum.
(4) All members of the Finance Committee other than ex-officio
members, shall hold office for a term of three years.
(5) The Vice-Chancellor shall preside at the meeting of the
Finance Committee.
(6) The Finance Committee shall meet at least twice every year
to examine accounts and scrutinise proposals for expenditure.
(7) The annual accounts and financial estimates of the University
prepared by the Finance Officer shall be laid before the Finance Committee
for consideration and comments and thereafter submitted to the Chancellor
through the Executive Council for approval with or without amendments.
14. Committees.–– The Executive Council or the Academic Council
may appoint Boards or Committees consisting of members of the authority
making such appointment and of such other person (if any) as that
authority in each case may think fit ; and any such Board or Committee
may deal with any subject assigned to it subject to subsequent confirmation
by the authority which appointed it.
15. Elected Chairman to Preside where no provision is made
in the Statutes.–– Where, by the Statutes or the Ordinances, no provision
is made for Chairman to preside over a meeting of any University
BABA GHULAM SHAH BADSHAH UNIVERSITY ACT, 2002 149
Authority Counci

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