The JAMMU AND KASHMIR SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999
Jammu and Kashmir · state statute
Open in Lexace · Ask the AI about this actSHRI MATA V AISHNO DEVI UNIVERSITY ACT, 1999 (Act No. XII of 1999) THE JAMMU AND KASHMIR SHRI MA TA V AISHNO DEVI UNIVERSITY ACT, 1999 (Act No. XII of 1999) CONTENTS 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. Shri Mata Vaishno Devi Shrine Board. 11. The Executive Council. 12. The Academic Council. 13. The Academic Advisory Committee. 14. Statutes. 15. Statutes how made. 16. Ordinances. 17. Regulations. 18. School. 19. Annual Reports. 20. General Fund. SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999109 110 SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999 SECTION. 21. Audit of Accounts. 22. Disputes as to constitution of University Authorities and Bodies. 23. Constitution of Committees. 24. Filling of Casual Vacancies. 25. Proceedings of the University Authorities and Bodies not invalidated by vacancies. 26. Removal of difficulties. 27. Transitional provisions. ——— SCHEDULE THE STATUTES OF THE UNIVERSITY 1. Definitions. 2. Vice Chancellor. 3. Powers and duties of Vice-Chancellor. 4. Dean of School of Studies 5. Registrar. 6. Finance Officer. 7. Officers of the University. 8. Powers of the Executive Council. 9. Academic Council. 10. Powers and duties of the Academic Council. 11. The Academic Advisory Committee. 12. Schools of Studies. 13. Finance Committee. SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999111 SECTION. 14. Committees. 15. Elected Chairman to preside where no provision is made in the Statutes. 16. Resignation. 17. Disqualifications. 18. Honorary degrees. 19. Withdrawal of degrees etc. 20. University’s Teachers. 21. Selection Committee. 22. Special Mode of Appointment etc. 23. Conditions of Service of Officers etc. 24. Removal of Teachers. 25. Removal of employees other than a teacher. 26. Maintenance of discipline among students of the University. 27. Membership of Students Organisation 28. Ordinances. 29. Ordinances how made. 30. Regulations. ––––––– 112 SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999 SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999113 THE JAMMU AND KASHMIR SHRI MATA VAISHNO DEVI UNIVERSITY ACT, 1999 (Act No. XII of 1999) [Received the assent of the Governor on 12th May, 1999 and published in the Government Gazette dated 14th May, 1999]. An Act, to provide for the establishment and incorporation of a residential and highly technical University in the 1[Union territory of Jammu and Kashmir] to offer scientific and technical education of the highest standards as also to usefully utilize the surplus finance of Shri Mata Vaishno Devi Shrine Board and for matter connected therewith. Be it enacted by the Jammu and Kashmir State Legislature in the Fiftieth Year of the Republic of India as follows :— 1. Short title and commencement. ––(1) This Act may be called the Jammu and Kashmir Shri Mata Vaishno Devi University Act, 1999. 2[(2) It shall come into force on such date as the Government may, by notification in the 3[Government Gazette], appoint.] (3) Seat of the University shall be at such place as may be identified by the Government on the recommendations of a committee consisting of six members nominated by Shri Mata Vaishno Devi Shrine Board, 4[Government of the Union territory of Jammu and Kashmir] and the University Grants Commission in equal numbers, and this shall be located at Katra or around. 2.Definitions.—In this Act, unless the context otherwise requires,–– (a) “College” means a college maintained by the University ; (b) “Hall” means a unit of residence, by whatever name called, for students of the University provided, maintained or recognised by it ; (c) “prescribed” means prescribed by Statutes, Ordinances or Regulations ; 1. Construed for “State of Jammu and Kashmir” by S.O. 3912(E) dated 30.10.2019. 2. Enforced vide SRO-360 dated 17-08-1999 w.e.f. 1st September, 1999. 3. Now Official Gazette. 4. Construed for “State Government” by S.O. 3912(E) dated 30.10.2019. 114 SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999 (d) “recognised institution” means an institution of higher learning maintained by the University or started by Shri Mata Vaishno Devi Shrine Board and recognised by, or associated with the University ; 1[(da)“School” means the school maintained by the University ;] (e) “Shri Mata Vaishno Devi Shrine Board” means the Board constituted under the Jammu and Kashmir Mata Vaishno Devi Shrine Act, 1988 ; (f) “Statutes”, “Ordinances” and “Regulations” mean respectively, the Statutes, Ordinances and Regulations of the University made under this Act ; (g) “University” means Shri Mata Vaishno Devi 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 office are hereby constituted a body corporate by the name of “Shri Mata Vaishno Devi University”. 4. Objects.–– The objects of the University shall be to disseminate and advance knowledge, wisdom and understanding, and to offer scientific and technical education of the highest standards by teaching and research and by the example and influence of its corporate life. 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 Statutes ; 1. Clause (da) inserted by S.O. 1129(E) dated 31.03.2020. SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999115 (3) to create such teaching, administrative and other posts as the University may deem necessary, from time to time and to make appointments thereto ; 1[(4) to appoint or recognise persons as Professors, Associate Professors or Assistant Professors or Lecturers or otherwise as teachers of the University ;] (5) to institute an award, Fellowships, Scholarships, Exhibitions and prizes ; 2[(6) to establish and maintain Faculty or Schools and Halls, to recognise, guide, supervise and control Halls set up by Shri Mata Vaishno Devi Shrine Board and to withdraw any 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 ; (10) to recognise for any purpose, either in whole or in part any institution started and maintained by Shri Mata Vaishno Devi Shrine Board 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 ; 1. Clause (4) substituted by S.O. 1129(E) dated 31.03.2020. 2. Clause (6) substituted ibid. 116 SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999 (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 Shri Mata Vaishno Devi Shrine Board 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. 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) 1[The 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 2[conferring degrees and at the meetings of the University’s Executive Council and Academic Advisory Committee which he may himself wish to convene and attend but without having a vote]. 1. Substituted for “the Governor of the State of Jammu and Kashmir” by S.O. 1229(E) dated 31.03.2020. 2. Substituted for the words “conferring degrees” by Act XXXVI of 2002, s. 2, w.e.f. 2nd August, 2002. SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999117 (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 Shri Mata Vaishno Devi Shrine Board, the Executive Council, the Academic Council, 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. Shri Mata Vaishno Devi Shrine Board. ––(1) Shri Mata Vaishno Devi Shrine Board (hereafter known as Shrine Board) shall be the supreme authority of the University. (2) The Shrine Board shall have the power to review the acts of the Executive Council and the Academic Council 1[which it may, at its discretion, consider to have special importance or significant implications warranting a review] and shall exercise all the powers of the University not otherwise provided for by this Act or the Statutes : Provided that the power of review under this sub-section shall not be exercised except by a majority of the total membership of Shri Mata Vaishno Devi Shrine Board and by a majority of not less than two thirds of the members of the Board present and voting. 1. Substituted for certain words by Act XXXVI of 2002, s. 3, w.e.f. 2nd August, 2002. 118 SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999 11. The Executive Council. ––1[(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) Vice Chancellor of the University of Kashmir ; (iv) The Dean of Student Welfare, ex officio ; (v) Not more than two Deans of Faculty by rotation according to seniority ; (vi) Not more than two heads of Schools of studies, by rotation according to seniority ; (vii) Principal Secretary to Lieutenant Governor, Permanent invitee ex officio ; (viii) Chief Executive Officer of Shri Mata Vaishno Devi Shrine Board, Permanent invitee ex officio ; (ix) Three persons, none of whom shall be an employee of the University or an Institution recognised by, or associated with, the University, to be nominated by Shri Mata Vaishno Devi Shrine Board.] (2) The members of the Executive Council referred to in items (v) and (vi) shall hold office for a term of two years. (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. 1. Sub-section (1) substituted by S.O. 1129(E) dated 31.03.2020. SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999119 (7) It shall be incharge of the general management and administration (including the revenue and property) of the University. 12. 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. 13. 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 ; and (c) the Commissioner/Secretary to Government, Higher Education Department, ex-officio. (3) The Chancellor may determine a date with effect from which the Academic Advisory Committee shall stand dissolved. 14. 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 Shri Mata Vaishno Devi Shrine Board, the qualifications and disqualifications for membership of such authorities and other bodies, appointment and removal of members thereof and other matters connected therewith ; 120 SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999 (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 Fellowship 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 Statutes. 15. 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 Statute 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. (3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the approval of the Shrine Board who SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999121 may assent thereto or withhold assent or remit to the Executive Council for consideration. (4) A new Statute or a Statute amending or repealing an existing statute shall have no validity unless it has been assented to by the Shrine Board. 16. Ordinances. ––(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 courses 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 ; (c) 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 Shri Mata Vaishno Devi Shrine Board and the Ordinances made may be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes. 17. 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[18. School.–– The School shall be such as may be established by Shri Mata Vaishno Devi Shrine Board and recognised by the Executive Council in accordance with the provisions of this Act.] 19. Annual Reports. ––(1) The annual report of the University shall be prepared under the direction of the Executive Council and shall be submitted to Shri Mata Vaishno Devi Shrine Board on or before such date 1. Section 18 substituted by S.O. 1129(E) dated 31.03.2020. 122 SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999 as may be prescribed by the Statutes and shall be considered by the Shrine Board at its budget meeting. (2) The Shrine Board may communicate its comments thereon to the Executive Council. 20. General Fund.–– The University shall have a General Fund set up by Shri Mata Vaishno Devi Shrine Board in the name of the University and operated by the University to which shall be credited–– (i) Rupees twenty crore as a one time capital grant to be made by Shri Mata Vaishno Devi Shrine Board for meeting the non- recurring cost of the University. (ii) Rupees three crore to be annually contributed by Shri Mata Vaishno Devi Shrine Board ; (iii) its income relating the fee and endowments ; (iv) contribution or grants which may be made by the Government ; and (v) other contributions or grants, 21. 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 and to the Shrine Board. 22. 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. 23. 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 each case may think fit. 24. Filling of Casual Vacancies.–– All casual vacancies among the members (other than ex-officio members) of any authority or other body SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999123 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. 25. 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. 26. Removal of difficulties.–– If any difficulty arises in giving effect to the provisions of this Act, Shri Mata Vaishno Devi University may, by order published in the official 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. 27. Transitional provisions.–– Notwithstanding anything contained in this Act and the statutes, the first Executive Council and the Academic Council shall be nominated by Shri Mata Vaishno Devi Shrine Board and shall hold office for a term of three years : Provided that, the Vice-Chancellors of the University of Kashmir and the University of Jammu shall be ex-officio members of the Executive Council so nominated : 1[Provided further that the Chancellor shall, preside at the meeting of the First Executive Council and the First Academic Council and in his absence, the Vice-Chancellor shall preside.] ——— SCHEDULE THE STATUTES OF THE UNIVERSITY In these Statutes–– 1. Definitions. ––(a) “Act” means Shri Mata Vaishno Devi University Act, 1999. 1. Proviso inserted by Act XXXVI of 2002, s. 4, w.e.f. 2nd August, 2002. 124 SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999 (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 (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 three years extendible up to 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. SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999125 (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. (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 his 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. 126 SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999 (4) The Vice-Chancellor shall be entitled to be present at and to address any meeting of 1[any authority except the Shri Mata Vaishno Devi Shrine Board] or body or committee of the University and shall be entitled to vote there at 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 : 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 that date on which he receives 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 reappointment : 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. 1. Substituted for “any authority” by Act XXXVI of 2002, s. 5. SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999127 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. (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 commit to his charge ; (b) conduct the official correspondence of the Executive Council and the Academic Council ; (c) supply to the Chancellor copies of the agenda of meetings 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 withholding of increment : 128 SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999 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 that 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 deems 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 propose. (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 : 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. SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999129 (4) Subject to the control of the Executive Council, the Finance Officer shall–– (a) hole 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 up to 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. (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. 130 SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999 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 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 reappointment (4) (a) The Librarian shall be appointed by the Executive Council and shall be a whole time salaried officer of the University ; SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999131 (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 thereto ; (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 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 ; 132 SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999 (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, studentships, medals and prizes ; and (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. 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. SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999133 (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 ; (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 Universities and institutions and to determine their equivalent diplomas and degrees of Shri Mata Vasihno Devi University ; (viii) to appoint Committees for admission to the 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 ; 134 SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999 (xi) to recommend to the Executive Council draft Ordinances regarding examinations of the University and the conditions on which students should be admitted to such examinations ; (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 appointment committees or officers to do so ; (xv) to make recommendations for the conferment of honorary degrees and to confer or grant degrees, academic distinctions, honours, diplomas, licence, 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 ; (xvii) to perform, in relation to academic matters, all such duties and to do all such 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 the 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 the right to advise the Executive Council and the Academic Council on any academic matter. SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999135 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. (c) Each Department shall have a Head who may be a Professor or, if there is no Professor, a Reader and whose duties and functions 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 ; 136 SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999 (vi) such other members, but not exceeding five, as may be specified in the Ordinances. (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 reappointment. The first term o
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