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The KASHMIR AND JAMMU UNIVERSITIES ACT, 1969

Jammu and Kashmir · state statute
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[KASHMIR AND JAMMU] UNIVERSITIES
ACT, 1969
(Act No. XXIV of 1969)

THE  KASHMIR AND JAMMU UNIVERSITIES  ACT, 1969
(Act  No. XXIV of 1969)
CONTENTS
SECTION
1. Short title.
2. Definitions.
3. Universities.
4. Incorporation.
5. Powers and functions of a University.
6. Re-organisation of education.
7. University open to all classes and creeds.
8. Admissions restricted to educational institutions in the State.
9. Officers of the University.
10. The Chancellor.
11. The Pro-Chancellor.
12. Vice-Chancellor.
13. Powers and duties of the Vice-Chancellor.
14. The Pro-Vice-Chancellor.
15. Powers and duties of the Pro-Vice-Chancellor.
16. Financial Advisor.
17. Registrar.
18. Controller of Examinations.
19. Other Officers.
20. Authorities of the University.
21. University Council.
22. Powers and functions of the University Council.
UNIVERSITIES ACT, 1969. 25
26 KASHMIR AND JAMMU UNIVERSITIES ACT, 1969
SECTION
22-A.
23. Syndicate.
24. Powers and functions of the Syndicate.
25. Academic Council.
26. Powers and functions of the Academic Council.
27. Faculties.
28. Powers of each Faculty.
29. The Deans.
30. Boards of Studies.
31. Functions and powers of the Board of Studies.
32. Boards of Research Studies.
33. Powers and functions of the Boards of Research Studies.
34. Board of Inspection.
35. Functions of the Board of Inspections.
36. Selection Committees.
37. Other Authorities.
38. Audit of accounts.
39. Alternation in the designation of a Government Officer.
40. Statutes.
41. Statutes how made.
42. Regulations.
43. Regulations how made.
44. Annual Report.
45. Dispute as to constitution of University Authorities or Bodies.
KASHMIR AND JAMMU UNIVERSITIES ACT, 196927
SECTION
46. Filling of casual vacancies.
47. Proceedings of University Authorities and Bodies not invalidated by
vacancies.
48. Appointment of Special Officer until University Authorities duly
constituted.
49. Affiliation of State Educational Institutions with the University of
Kashmir and the University of Jammu.
50. Removal of difficulties.
51. Continuance of the existing Statutes and Regulations.
52. Continuance of service of the existing employees and their allocation.
53. Inter-University Transfers.
54. Gulmarg Research   Observatory.
55. Transitional arrangements.
56. Assets and liabilities.
57. Legal proceedings.
58. Repeal and savings.
59. Validation.
–––––––
28 KASHMIR AND JAMMU UNIVERSITIES ACT, 1969
KASHMIR AND JAMMU UNIVERSITIES ACT, 196929
THE  KASHMIR AND JAMMU UNIVERSITIES  ACT, 1969
(Act  No. XXIV of 1969)
[Received the assent of the Governor on 30th October, 1969, and
published in Government Gazette dated 10th November, 1969 (Ext.)]
An Act to provide for the establishment of the University of Kashmir
and the University of Jammu in the *State.
Be it enacted by the Jammu and Kashmir State Legislature in the
Twentieth Year of the Republic of India as follows :––
1. Short title.––This Act may be called the Kashmir and Jammu
Universities Act, 1969.
2. Definitions.––In this Act and in all Statutes made thereunder, unless
there is anything repugnant in the subject or context,––
(a) “Academic Council” means the Academic Council of the University ;
(b) “affiliated  college’’  means  an  institution imparting  instruction
upto the Bachelor’s degree excluding integrated Honours,
Postgraduate and professional degree courses recognised by the
University concerned in accordance with the provisions of this Act
and the Statutes ;
(c) “college” means an institution maintained or admitted to its
privileges by the University concerned and includes a constituent
college ;
(d) “constituent college” means an institution recognised as such by
the Syndicate of the University concerned in accordance with the
provisions of this Act and Statutes ;
(e) “Faculties”, “Board of Studies”, “Board of Inspection”, and “Board
of Research Studies”, means the Faculties, Board of Studies, Board
of Inspections and Board of Research Studies of a University ;
(f) “Head of the Department” means the head of a University teaching
Department who has the status of a  Professor or a Reader in the
* Now Union territory of Jammu and Kashmir.
30 KASHMIR AND JAMMU UNIVERSITIES ACT, 1969
University and where any University has no teaching department
in a subject, the senior most Professor in that subject in an affiliated
or a constituent college ;
(g) “Principal” means the head of the college ;
(h) “Statutes” and ‘‘Regulations’’ means respectively the Statutes and
Regulations of a University made or continued under this Act  ;
(i) “Syndicate” means the Syndicate of a University ;
(j) “Teacher” means a person giving instructions on behalf of a
University, in the teaching department of a University, constituent
or affiliated college, and includes a Principal, Professor, Reader,
Lecturer, Demonstrator, Director or Physical Education, Director
of the Bureau of Educational and Vocational Guidance and a teacher
of Teacher’s Training College, and such member of staff of a
University Library as the Syndicate of a University may declare to
be a teacher ;
(k) “University” means the University of Kashmir or the University of
Jammu, as the case may be ;
(l) “University Council” means the University Council of a University.
3. Universities.––(1) There shall be two Universities in the *State, one
in the Kashmir Division and the other in the Jammu Division, each having
jurisdiction extending to its respective Division of the territories of the *State.
(2) The University in the Kashmir Division shall be known as the
‘‘University of Kashmir’’ and the University in the Jammu Division shall be
known as ‘‘University of Jammu’’.
4. Incorporation.––The University of Kashmir and the University of
Jammu shall be corporate bodies known by the names of the “University of
Kashmir” and the “University of Jammu”, each having perpetual succession
and a common seal with power to acquire and hold property, movable and
immovable, to transfer the same, to contract and to do all other things necessary
for the purpose of its constitution and may sue or be sued by its corporate
name as aforesaid.
* Now Union territory of Jammu and Kashmir.
KASHMIR AND JAMMU UNIVERSITIES ACT, 196931
5. Powers and functions of a University.––A University shall have the
following powers and functions, namely :––
(1) to provide for instruction in such branches of learning as the
University may think fit, and to make provision for research and
for the advancement and dissemination of knowledge ;
(2) to hold examination, to grant degrees to, and to confer other
academic distinctions on persons who––
(a) have pursued an approved course of study in the University
or in a constituent or affiliated college or in any educational
institution approved for the purpose, unless exempted
therefrom, as a very special case, by a decision of the
University Council on the recommendation of the Academic
Council under conditions laid down in the Statutes and
Regulations ; or
(b) are teachers in educational institutions under conditions laid
down in the Statutes and Regulations, and have passed the
examinations of the University under like conditions ; or
(c) have carried on independent research under conditions laid
down in the Statutes ; or
(d) are women who have carried on private studies under
conditions laid down in the Statutes ;
(3) to confer honorary degrees or other distinctions on approved
persons in the manner laid down in the Statutes ;
(4) to grant such diplomas to, and to provide such lectures and
instructions for persons not being members of the University as
the University may determine ;
(5) to cooperate with the other Universities and authorities in such a
manner and for such purposes as the University may determined ;
(6) to institute professorships, readerships, lecturerships and any other
teaching posts required by the University ;
(7) to admit and maintain colleges, to recognise colleges and other
institutions not maintained by the University and withdraw such
recognition ;
32 KASHMIR AND JAMMU UNIVERSITIES ACT, 1969
(8) to inspect constituent and affiliated colleges and other
institutions and places approved by the University for the
residence of students ;
(9) to demand and receive payments of such fees and other charges as
may be authorised by the Statutes and Regulations ;
(10) to obtain loans in furtherance of the objects of the University ;
(11) to supervise and control the residence and discipline of students of
the University or of colleges and other institutions admitted or
affiliated to it and to make arrangements for promoting their health
and general welfare ;
(12) to institute and award fellowships, exhibitions, prizes and medals
in accordance with the Statues and Regulations ; and
(13) to do such other acts and things, whether incidental to the powers
aforesaid or not, may be requisite in order to further the objects of
the University as teaching, affiliating or examining body, and to
cultivate and promote arts, science and other branches of learning.
6. Re-organisation of education.––Notwithstanding anything in the
foregoing section, any re-organisation or alteration in structure, pattern or
medium of education at the University stage shall require the previous approval
of the Government.
7. University open to all classes and creeds.––Each University shall be
open to all persons of either sex and of whatever race, creed or class, and it
shall not be lawful for a University to adopt or impose on any person any test
whatsoever of religious belief or profession in order to entitle him to a
certificate, diploma or degree of the University, or to serve as a teacher or to
hold any office in the University, or to enjoy or exercise any privileges thereof,
except where such test is specially prescribed by the Statutes, or, in respect of
any particular benefaction accepted by the University, where such test is made
a condition thereof by any testamentary or other instrument creating such
benefaction.
8. Admissions  restricted to educational institutions in the 1[Union
territory of Jammu and Kashmir].––Notwithstanding anything in any law for
the time being in force, no educational institution outside the 1[Union territory
of Jammu and Kashmir] territories shall be associated with or admitted to any
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “State”.
KASHMIR AND JAMMU UNIVERSITIES ACT, 196933
privileges of a University under this Act nor shall any educational institutions
within the 1[Union territory of Jammu and Kashmir] be associated in any
educational institution within the 1[Union territory of Jammu and Kashmir] be
associated in any way with or be admitted to any privileges of any other
University incorporated by law outside the 1[Union territory of Jammu and
Kashmir] :
Provided that the Chancellor may by order in writing direct that the
provisions of this section shall not apply in the case of any institution specified
in the order.
9. Officers of the University.—The following shall be the officers of each
University :––
(1) the Chancellor ;
(2) the Pro-Chancellor ;
(3) the Vice-Chancellor ;
(4) the Pro-Vice-Chancellor, if any ;
(5) the Financial Advisor ;
(6)  the Registrar ;
(7) the Controller of Examinations ;
(8) the Joint Registrar, if any ; and
(9) such other officers as the Statutes may declare to be the officers of
a University.
10. The Chancellor.––(1) The 2[Lieutenant Governor] shall be the
Chancellor of both the Universities. He shall be the head of both the universities
and shall, when present, preside at the meetings of the University Council and
at the Convocations of both the Universities.
(2) The Chancellor shall have such powers as may be conferred on him
by this Act or the Statutes.
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “State”.
2. Substituted ibid for “Governor”.
34 KASHMIR AND JAMMU UNIVERSITIES ACT, 1969
(3) Every proposal for the conferment of any honorary degree shall be
subject to the confirmation of the Chancellor.
(4) The Chancellor may delegate to the Pro-Chancellor such of his
powers under this Act or the Statutes, as he may specify.
11. The Pro-Chancellor.––(1) The Chief Minister of the 1[Union territory
of Jammu and Kashmir] shall be the ex officio Pro-Chancellor of both the
Universities.
(2) The Pro-Chancellor shall, when present, in the absence of the
Chancellor, preside at the meetings of the University Council and at the
Convocations of both the Universities.
(3) The Pro-Chancellor shall have the right to cause an inspection to be
made, by such person or persons as he may direct, of a University, its buildings,
laboratories, equipment, and of any institutions associated with the University
and also of the examinations, teaching and other work conducted or done by
the University and to cause an inquiry to be made in like manner in respect of
any matter connected with the University. The Pro-Chancellor shall in every
case give notice to a University of his intention to cause an inspection or inquiry
to be made and the University concerned shall be entitled to be represented
thereat.
(4) The Pro-Chancellor may address the Vice-Chancellor of the University
concerned with reference to the result of such inspection and inquiry and the
Vice-Chancellor shall place the same before the Syndicate and also the
University Council, of the University concerned, if necessary, with such advice
as the Pro-Chancellor may offer upon the action to be taken thereon.
(5) The Vice-Chancellor of the University concerned shall then, within
such time as the Pro-Chancellor may fix, submit to him a report of the action
taken or proposed to be taken by the Syndicate together with the view which
the University Council concerned may have expressed on the report.
(6) If the Syndicate concerned does not, within a reasonable time, take
action to the satisfaction of the Pro-Chancellor, the Pro-Chancellor may, after
considering any explanation which the Syndicate concerned may furnish, issue
such directions in consultation with the Vice-Chancellor concerned as he may
think fit.
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Jammu and Kashmir State”.
KASHMIR AND JAMMU UNIVERSITIES ACT, 196935
12. The Vice-Chancellor.––(1) The Vice-Chancellor shall either be a
whole time paid or a part-time honorary officer of a University as the Chancellor
may determine and shall be appointed by the Chancellor, in consultation with
the Pro-Chancellor from amongst the persons whose name are submitted to
him by a Committee constituted in accordance with the provisions of sub-
section (2).
(2) The Committee referred to in sub-section (1) shall consist of three
persons, namely—
(a) two persons not connected with the University or any constituent
or affiliated college of that University to be nominated by the
University council ;
(b) a third person not connected with the University or any constituent
or affiliated college of that University to be nominated by the
Chancellor, who shall also be the Chairman of the Committee.
(3) The Committee constituted under sub-section (2) shall submit a panel
of three names to the Chancellor for appointment of the Vice-Chancellor.
(4) If the Chancellor does not consider any of the persons on the panel
recommended by the Committee suitable for appointment as Vice-Chancellor,
he may direct the Committee to prepare a fresh panel of three  names for
submission to him or may direct to constitute a fresh Committee for this purpose.
1[(5) The Vice-Chancellor of a University shall hold office for 2[three
years] :
Provided that on the expiry of the term of his office, the Vice-Chancellor
shall be eligible for re-appointment for such term as the Chancellor may 3[x x
x x], determine :
Provided further that the Vice-Chancellor shall not be removed from his
office except by order of the Chancellor passed 3[x x x x], on the ground of
misbehavior or incapacity or if it appears to the Chancellor that the continuance
of the Vice-Chancellor in office is detrimental to the interests of the University,
after due inquiry by such person 4[x x x x] to be nominated by the Chancellor
3[x x x x], in which the Vice-Chancellor shall have an opportunity of making
his representations against such removal.]
1. Sub-section (5) substituted by Act XXVI of 1973, s. 2.
2. Substituted for “five years” by S.O. 1229 (E) dated 31.03.2020. (For earlier amendment see
Act VII of 2015, s. 2).
3. Words “in consultation with the Pro-Chancellor” omitted ibid.
4. Words “who is or has been a Judge of the High Court” omitted ibid.
36 KASHMIR AND JAMMU UNIVERSITIES ACT, 1969
(6) The Vice-Chancellor of  a University shall, in case he is a whole-
time paid officer, receive such salary not exceeding two thousand and five
hundred rupees per mensem and other facilities as the Chancellor may
determine, in addition to free residential accommodation :
Provided that in exceptional cases the Chancellor may allow a higher
salary in consultation with the Government. In case the Vice-Chancellor is
appointed on part-time honorary basis, he shall receive such honorarium
and other facilities as the Chancellor may determine in consultation with
the Government.
(7) Where any temporary vacancy in the Office of a Vice-Chancellor occurs
by  reason of resignation, illness, leave or other cause, the University Council
shall report the same to the Chancellor who shall make such arrangement for
carrying on the duties of the Vice-Chancellor as he may think fit.
(8) Notwithstanding anything contained in sub-section (5), the Vice-
Chancellor shall continue in office beyond the expiry of his term until his
successor is appointed and enters upon his office.
13. Powers and duties of the Vice-Chancellor.––(1)  The Vice-
Chancellor shall be the Principal Executive and Academic Officer of a
University and shall, in the absence of the Chancellor and the Pro-Chancellor,
preside at the meetings of the University Council and at any convocation of
the University. He shall be an ex-officio member and Chairman of the
Academic Council and of such other authorities and bodies as are provided
under the provisions of the Act, and shall be entitled to be present and to
speak at any meeting of any authority or body of  the University concerned
but shall not be entitled to vote thereat unless he is a member of the authority
or the body concerned.
(2) It shall be the duty of the Vice-Chancellor to see that the provisions
of this Act, the statutes and the Regulations are faithfully observed and he
shall have all powers necessary for the purpose.
(3) The Vice-Chancellor shall have power to convene meetings of the
University Council, the Syndicate, the Academic Council and joint meetings
of Faculties and Boards of Studies of the University concerned.
(4) The Vice-Chancellor may take action as he deems necessary in any
emergency which, in his opinion, calls for immediate action. He shall in such
a case and as soon as may be thereafter, report his action  to the officer, authority
or other body of the University concerned  who or which would ordinarily
KASHMIR AND JAMMU UNIVERSITIES ACT, 196937
have dealt with the matter.
(5) Save as otherwise provided in this Act, the Vice-Chancellor of a
University shall have the powers to make appointments of  the ministerial,
technical and inferior staff.
(6) The Vice-Chancellor shall give effect to the orders of the University
Council and the Syndicate of the University concerned regarding the
appointment, dismissal and suspension of persons in the employment of the
University and shall exercise general control over the affairs of the University.
He shall be responsible for the discipline of the University in accordance with
this Act, Statutes and Regulations.
(7) The Vice-Chancellor shall exercise such other powers as may be
prescribed by Statutes and Regulations.
(8) The Vice-Chancellor may delegate any of his powers under this Act
or the Statutes and Regulations made thereunder to the Pro-Vice-Chancellor
or any other officer or body of the University concerned.
14. The Pro-Vice-Chancellor.––(1)  There may be a Pro-Vice-Chancellor
for the University and shall be appointed by the Chancellor in consultation
with the Pro-Chancellor in the manner provided for the appointment of a Vice-
Chancellor. The term of office of the Pro-Vice-Chancellor shall ordinarily be
the same as that of the Vice-Chancellor and he shall receive such monthly
salary not exceeding Rs. 2,000 and other facilities as the Chancellor may
determine :
1[Provided that on the expiry of the term of his office, the Pro-Vice-
Chancellor shall be eligible for re-appointment for such term as the Chancellor
may, in consultation with the Pro-Chancellor determine :
Provided further that the Pro-Vice-Chancellor shall not be removed
from his office except by order of the Chancellor passed in consultation with
the Pro-Chancellor, on the ground of misbehaviour or incapacity or if it
appears to the Chancellor that the continuance of the  Pro-Vice-Chancellor
in office is detrimental to the interests of the University, after due inquiry by
such person who is or has been a Judge of a High Court to be nominated by
the Chancellor, in consultation with the Pro-Chancellor  in which the Pro-
Vice-Chancellor shall have an opportunity of making his representation
against such removal.]
1. Substituted by Act XXVI of 1973, s. 3.
38 KASHMIR AND JAMMU UNIVERSITIES ACT, 1969
(2) Where any temporary vacancy in the office of Pro-Vice-Chancellor
occurs by reasons of resignation, illness, leave or other cause, the Vice-
Chancellor shall report the same to the Chancellor through the Pro-Chancellor
alongwith his recommendations and the Chancellor may make such
arrangements for carrying on the duties of the Pro-Vice-Chancellor as he may
consider fit.
15. Powers and duties of the Pro-Vice-Chancellor.––(1)  Subject to the
control of the Vice-Chancellor, the Pro-Vice-Chancellor of a University shall
exercise such powers and perform such duties as may be assigned to him by
the Vice-Chancellor.
(2) The Pro-Vice-Chancellor of a University shall exercise such other
powers and perform such other duties as may be prescribed by the Statutes
and the Regulations.
16. Financial Advisor.––(1) The 1[Administrative Secretary], Finance
Department, or any other officer nominated  by the Government of Jammu and
Kashmir shall be the ex officio Financial Adviser to both the Universities.
(2) The Financial Adviser shall exercise general supervision over the
funds of each University and shall advise it as regards its financial policy.
(3) The Financial Advisor  shall be an ex officio member of the University
Council and the Syndicate of both the Universities.
(4) The Financial Adviser shall––
(a) present  annual  estimates  and  the  statements  of  accounts to the
Syndicate and the University Council ; and
(b) exercise such other powers and  perform  such  other  duties  as
may be prescribed by the Statutes and Regulations.
17. Registrar.––(1) The Registrar  of a University shall be a whole-time
officer and shall be appointed by the University Council on the recommendation
of the Selection Committee, constituted under section 36 (1). The terms and
conditions of service and the emoluments of the Registrar  shall be such as the
University Council concerned may from time to time  prescribe.
(2) The Registrar of a University shall act as the Secretary of the
University Council, the Syndicate, the Academic council, the Faculties, the
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Secretary to Government”.
KASHMIR AND JAMMU UNIVERSITIES ACT, 196939
Boards of Studies, the Board of Inspection, the Boards of Research Studies
and other bodies of the University concerned and keep the minutes thereof.
(3) The Registrar of University shall, subject to the sanction of the Vice-
Chancellor and subject to the Regulations that may be framed in this behalf,
control the ministerial, technical and inferior staff of the University concerned.
(4) The Registrar of a University shall be the custodian of the records,
the common seal and such other property of the University concerned as the
University Council or Syndicate may commit to his charge.
(5) The Registrar of a University shall have power to realize and receive
all moneys due to the University and sign and grant receipts for the same, to
make all disbursements on account of the University concerned and, subject
to provisions of Statutes, sign such cheques or other instruments as may be
necessary for the purpose.
(6) The Registrar of a University shall issue over his signatures notice
convening meetings of the University Council, the Syndicate, the Academic
Council, the Faculties, the Boards of Studies, the Board of Inspection and the
Boards of Research Studies of the University  concerned.
(7) The Registrar  shall, in the execution of his duties, be subject to the
immediate direction and control of the Vice-Chancellor and shall render such
assistance to the Vice-Chancellor as may be required by him in the performance
of his official duties.
(8) The Registrar of a University shall exercise such other powers and
perform such other duties as may be prescribed by the Statutes and the
Regulations or as may be assigned to him by any authority of the University
concerned.
(9) The Registrar may, with the previous approval of the Vice-Chancellor,
delegate any of his powers prescribed under the provisions of this Act or the
Statutes or the Regulations made thereunder to any other officer of the University.
18. Controller of Examinations.—(1) The Controller of Examinations of
a University shall be a whole-time officer of the University concerned and
shall be appointed by the University Council on the recommendation of the
Selection Committee constitute in accordance with the provisions of section
36(1) on such terms and conditions as the University Council may from time
to time prescribe.
40 KASHMIR AND JAMMU UNIVERSITIES ACT, 1969
(2) It shall be the duty of the Controller of Examinations of a University
to make arrangements connected with the setting and printing of question papers
for all the examinations held by the University concerned including their safe
custody and all other matter connected therewith.
(3) Subject to directions of the Syndicate, the Controller of Examinations
of a University shall make all arrangements for the conduct of examinations of
the University concerned.
(4) Subject to directions of the Syndicate, the Controller of Examinations
of a University shall arrange all items of the examination work such as despatch
and transit of answer-books and question papers, evaluation of answer scripts,
tabulation of results, complaints against question papers set for the
examinations, use of unfairmeans, publication and rechecking of results and
other related matters.
(5) The Controller of Examination of a University shall exercise such
other powers and perform such other duties as may be prescribed under the
Statutes and Regulations from time to time.
(6) The Controller of Examinations of a University shall, in the
execution of his duties, be subject to the immediate direction and control
of the Vice-Chancellor of the University concerned and shall render such
assistance to the Vice-Chancellor as may be required by him in the
performance of his official duties.
19. Other Officers.––Save as otherwise expressly provided in this Act,
the procedure for Act, the procedure for appointment and the powers of the
officers of the University other than the Chancellor, the Pro-Chancellor, the
Vice-Chancellor, the Pro-Vice-Chancellor, the Financial Adviser, the Registrar
and the Controller of Examinations shall be prescribed by the Statutes.
20. Authorities of the University.—The following shall be the authorities
of each University :––
(1) the University Council ;
(2) the Syndicate ;
(3) the Academic Council ;
(4) the Faculties ;
KASHMIR AND JAMMU UNIVERSITIES ACT, 196941
(5) the Boards of Studies ;
(6) the Boards of Research Studies ;
(7) the Board of Inspection ; and
(8) such other authorities as may be declared  by  the  Statutes  to  be
the authorities of the University.
21. University Council.––(1) There shall be a University Council in a
university consisting of the following members, namely :—
(i) the Chancellor ;
(ii) the-Pro-Chancellor ;
1[(ii-a) Education Minister ;]
(iii) the Vice-Chancellor of the University concerned ;
(iv) the Vice-Chancellor  of  the  other University  established   under
the provision of this Act.
(v) the Pro-Vice-Chancellor of the University, if any ;
(vi) the Financial Advisor ;
(vii) the  Educational  Adviser  to  the  Government  or  the  officer
designated   by  the  Government  to   be  incharge  of   Higher
Education ;
(viii) two  Deans  of  the  Faculties  of  the  University   concerned
nominated by the Chancellor, by rotation ;
(ix) one Principal of an affiliated constituent college of the University
concerned nominated by the Chancellor by rotation 2[x x x] ;
3[ix-a] two members of the teaching staff belonging either to the University
or the constituent/affiliated colleges to be nominated by the
Chancellor in consultation with Pro-Chancellor ; and
1. Item (ii-a) to sub-section (1) of section 21 inserted by Act X of 1973.
2. Word ‘‘and’’ omitted by Act X of 1973.
3. Clause (ix-a) inserted ibid.
42 KASHMIR AND JAMMU UNIVERSITIES ACT, 1969
(x) two nominees of the Chancellor.
(2) The period for which members nominated under (viii) to (x) of sub-
section (1) shall hold office, shall be prescribed by Statutes in this behalf.
(3) The meetings of the University Council of a University shall be
prescribed over by the Chancellor, when present. In his absence, the Pro-
Chancellor shall preside and in the absence of both the Chancellor and
Pro-Chancellor, the Vice-Chancellor of the University concerned shall
preside.
1[(4) For purposes of electing a member for the Medical Council of India
under sub-section (1) of section 3 of the Indian Medical Council Act, 1956,
the University Council shall be deemed to be the Senate or the Court of a
University.]
22. Powers and functions of the University Council.––The University
Council of a University shall be the supreme authority of the University and
shall have the following powers, namely :––
(a) to make Statutes under this Act and to amend and repeal the same
in consultation with the Syndicate ;
(b) to make Regulations in consultation with the Syndicate ;
(c) to approve the financial estimates framed by the Syndicate of the
University ;
(d) to approve plans of development and expansion of the University ;
(e) to consider and pass resolutions on the annual reports ; and
(f) save as otherwise provided in this Act, to appoint officers of the
status of  Joint Registrar, Deputy Librarian and above and teachers
of the status of Readers and above and to define their duties :
Provided that no officer or teacher shall be appointed by a
University Council until provision has been made for his salary in the
approved budget of the University concerned :
Provided further that all appointments (permanent or temporary)
to the posts of officers or teachers referred to in this section shall be
1. Sub-section (4) inserted by Act XXXVII of 1974, s. 2.
KASHMIR AND JAMMU UNIVERSITIES ACT, 196943
made by the University Council on the recommendation of the Selection
Committee constituted for the purpose in accordance with the provisions
of section 36 of this Act, and on such terms and conditions as may be
prescribed by the Statutes :
Provided also that the Vice-Chancellor may make appointments of
teachers referred to in this section as a temporary measure for a period not
exceeding six months to carry on the work and if the recommendations of the
Selection Committee are not received within a period of six months, the Vice-
Chancellor may extend the appointment, if any, made by him, for the duration
of the academic session with the approval of the University Council ;
(g) to exercise such other powers and perform such other duties as
may be conferred or imposed upon it by this Act or the Statutes ;
(h) to constitute  committees for specific purposes and to assign such
duties to them as it deems fit ;
(i) to delegate such of its powers to any officer or authority of the
University as it  may deem fit ; provided that such delegation is
made by a majority of not less than two-thirds of the members of
the University Council ; and
(j) to exercise such other powers of the University as are not otherwise
provided for in this Act and the Statutes and Regulations made
thereunder.
1[22-A. Notwithstanding anything contained in this Act or the Statutes
made thereunder where the Chancellor is of the opinion that it is in the interest
of the University necessary to do so, he may, after consulting Pro-Chancellor,
appoint any eminent and qualified scholar as Professor or as Reader in the
University on contract basis for such period and on such terms and conditions
as he may determine.]
23. Syndicate.––(1) The Syndicate shall be the Chief Executive Authority
except in respect of the matters falling within the purview of the University
Council concerned in accordance with the provisions of this Act and it shall
consist of the following members, namely :––
(i) the Vice-Chancellor ;
(ii) the Pro-Chancellor, if any ;
1. Section 22-A inserted by Act X of 1973, s. 3.
44 KASHMIR AND JAMMU UNIVERSITIES ACT, 1969
(iii) the Educational Advisor to the Government or the officer designated
by the Government to be incharge of Higher Education ;
(iv) the Financial Advisor ;
(v) two Deans of the faculties of the University by rotation to be
nominated by the Vice-Chancellor ;
(vi) two Deans of the faculties of other University by rotation to be
nominated by the Chancellor ;
(vii) two Principals of affiliated or constituent colleges by rotation 1[with
the approval of Pro-Chancellor] to be nominated by the Vice-
Chancellor ;
(viii) one  member of the Academic Council of the University concerned
elected by the Council from amongst its members ;
(ix) two  members  of  the  Syndicate  of  the other University elected
by that body ; and
(x) three nominees of the Chancellor  at  least  one  of  whom shall be
a women connected with academic life.
(2) The terms and conditions of the office of members of a Syndicate
other than ex officio member/s shall be such as may be prescribed by the statutes
in this behalf.
24. Powers and Functions of the Syndicate.––(1) Subject to the provisions
of this Act, the Statutes and the Regulations, the Syndicate of a University
shall exercise and perform the following powers and functions :—
(a) to frame the budget estimates of the University and to submit these
to the University Council at a time to be prescribed by Statutes ;
(b) to recommend the draft Statutes and Regulations or amendments
or revocation thereof  and  other  proposals for consideration by
the University Council ;
(c) to  hold,  control  and  administer  the  funds,  property  and other
assets of the University :
1. Substituted by Act X of 1973, s. 4.
KASHMIR AND JAMMU UNIVERSITIES ACT, 196945
Provided that no expenditure shall be incurred which has not been
included in the approved estimates except with the sanction of the
University Council :
Provided further that the Syndicate shall have powers of re-
appropriation in accordance with the Regulations to be prescribed in
this behalf ;
(d) save as otherwise provided in this Act to appoint officers (below
the status of Joint Registrar and Deputy Librarian) and teachers
(below the status of a Reader) and to define their duties :
Provided that no officer or teacher shall be appointed by a Syndicate
until provision has been made for his salary in the approved budget of
the University concerned :
Provided further that all appointments (permanent or temporary)
to the posts of officers or teachers referred to in this section shall be
made by the Syndicate on the recommendations of the Selection
Committee constituted for the purpose in accordance with the provisions
of section 36 of this Act and on such terms and conditions as may be
prescribed by the Statutes :
Provided also that the Vice-Chancellor may make appointments of
teachers referred to in this section as a temporary measure for a period
not exceeding six months to carry on the work and if the recommendations
of the Selection Committee are not received within a period of six months,
the Vice-Chancellor of the University may extend the appointments, if
any, made by him, for the duration of the academic session with the
approval of the Syndicate ;
(e) to recognise teachers of the constituent colleges for purpose of
integrated Honours and Post-graduate teaching on the
recommendations of the Selection Committee to be constituted by
the Syndicate for this purpose ;
(f) to admit new colleges to the privileges of affiliated or constituent
colleges of the University subject to the conditions to be laid  down
in the Statutes ;
(g) to arrange for and  direct  the  periodical  and  special  inspection
of the colleges and other institutions and hostels ;
46 KASHMIR AND JAMMU UNIVERSITIES ACT, 1969
(h) to award scholarships, prizes, fellowships, exhibitions,  bursaries
and other such awards in accordance with the procedure prescribed
in this behalf ;
(i) to control and manage the Libraries of the University concerned ;
(j) to  provide  buildings,  premises,  furniture,  apparatus,  equipment
and other means and facilities needed for carrying on the work of
the University concerned ;
(k) to  invest any moneys belonging to the University concerned
including any un-applied income in any of the approved securities,
or to place on fixed deposit in any bank, approved by the
Government in this behalf, any portion of such moneys not required
immediately for expenditure ;
(l) to demand and receive such fees as may from time  to time be
prescribed by Statutes and Regulations ;
(m) to constitute committees for specific  purposes  and  to  assign
such duties to them as may be deemed necessary ;
(n) to  recommend to the University Council the plans for development
and expansion of the University ;
(o) to appoint paper setters and examiners for all the examinations
held by the University in accordance with the procedure prescribed
in the Statutes ;
(p) to give directions for holding of examinations and compilation and
publication of results ;
(q) to give directions for the editing, printing and publishing of such
text-books for various examinations of the University as may be
considered necessary for this purpose ;
(r) to maintain proper standards of teaching and examination in
consultation with the Academic Council of the University
concerned ;
(s) to  enter into, vary, carry out and cancel contracts on behalf of the
University ;
(t) to  direct  the  form,  custody  and  use of the common seal of the
University ;
KASHMIR AND JAMMU UNIVERSITIES ACT, 196947
(u) to accept donations, bequests or transfer of any movable  or
immovable property on behalf of the University concerned ;
(v) to exercise such other powers and perform  such  other  duties as
may be conferred upon or assigned to it by this Act or the Statutes ;
(w) to delegate, whenever necessary, appropriate financial and
administrative powers to the Vice-Chancellor, the Pro-Vice-
Chancellor, the Registrar, the Head of the Post-graduate
Departments, the Controller of Examinations or any other officer
of the University concerned.
(2) Any difference or disagreement arising between the Syndicate and
the Vice-Chancellor with regard to any decision taken by the Syndicate may
be referred by the Vice-Chancellor  to the Chancellor. The Chancellor shall
refer back such decision to the Syndicate for reconsideration. In case the
Syndicate endorses its earlier decision by a two-third majority, such decision
shall be deemed to be final.
25. Academic Council.—(1) The Academic Council of a University shall
consist of the following persons, all the whom, shall be members ex officio,—
(i) the Vice-Chancellor of the University concerned ;
(ii) the Pro-Vice-Chancellor of the University concerned, if any ;
(iii) the Deans of the Faculties of the University concerned ;
(iv) the Head of the Department of the University  concerned  having
the status of Professors or Readers ;
(v) six Principals from the constituent and affiliated colleges of the
University concerned by rotation, nominated by the Vice-Chancellor ;
(vi) four Professors from colleges of the University concerned
representing subjects other than those represented by the Principals,
nominated by the Vice-Chancellor ; and
(vii) Deans of the Faculties of the other University established  under
the provisions of this Act.
(2) The Academic Council of a University shall have the powers to co-
opt not more than five persons possessing special knowledge of subjects not
otherwise adequately represented on the Academic Council.
48 KASHMIR AND JAMMU UNIVERSITIES ACT, 1969
(3) The terms and conditions of the office of the co-opted members of
the Academic Council shall be such as may be prescribed by the Statutes in
this behalf.
26. Powers and Functions of the Academic Council.––(1) The
Academic Council of a University shall have the following powers and
functions :—
(a) to control and regulate the standards of teaching  and  examinations
in the University ;
(b) to prescribe the syllabi and the courses of studies for all the
examinations held by the University except such text books as may
be got edited, printed and published by the Syndicate direct in
accordance with the procedure laid down in the regulations ;
(c) to make proposals to the Syndicate and the University Council for
the institution of Professorships, Readerships, Lecturerships, or
other teaching posts and in regard to the duties and emoluments
thereof in accordance with the provisions of this Act ;
(d) to formulate, modify or revise, subject to control  of  the  Syndicate
and the University Council schemes for the constitution of faculties
and for the assignment of subjects to the faculties ;
(e) to nominate teachers or specialists to the facilities ;
(f) to promote research within the University and to require reports of
such research from persons engaged therein ;
(g) to advise the Syndicate and the University Council on academic
matters ; and
(h) to make proposals to the higher authorities of the University for
supplementing the teaching provided in the constituent and
affiliated colleges.
(2) The Academic Council shall not take any decision on any academic
matter falling within its competence which involves financial and administrative
implications, without obtaining the previous approval of the Syndicate or the
University Council, as the case may be.
(3) The Academic Council of a University shall have the powers to appoint
a Standing Committee of the members of the Academic Council, of which not
less than two-thirds shall be University Professors, Readers, Principals, or
KASHMIR AND JAMMU UNIVERSITIES ACT, 196949
teachers of affiliated and constituent colleges not lower in rank than that of a
Professor and to delegate to it such of its powers as it may deem fit. The
Standing Committee shall have power to invite experts, whenever necessary,
for advice on a particular matter under consideration.
27. Faculties.––(1) The University of Kashmir 1[shall have the Faculties
one each for] Arts, Science, Social Sciences, Commerce, Education,
Engineering, Medicine, Agriculture, Unani Medicine, Oriental Learning and
such other Faculties as may be prescribed by the Statutes of the University
from time to time.
(2) The University of Jammu 1[shall have the Faculties one each for]
Arts, Science, Social Sciences, Commerce, Education, 2[x x x] Ayurvedic
medicine, Oriental Learning, Law and such other Faculties as may be prescribed
by the Statutes of the University from time to time.
(3) (a) 1[Each of the Faculties of Arts], Science, Social Sciences,
Education and Commerce shall consist of––
(i) the Professors and Readers of the University Departments
3[comprising the Faculty] ;
(ii) such Principals of constituent and affiliated colleges of the
University concerned as are qualified to teach any subject
3[comprising the each Faculty] ;
(iii) Head of the Department of the constituent colleges, if any,
not lower in rank than that of Professors representing each
subject 3[comprising the each Faculty] ;
(iv) Head of the Department of the affiliated colleges, if any, not
lower in rank than that of Professor representing each subject
3[comprising the each Faculty] ;
(v) Two persons other than teachers nominated to  the  faculty
by the Academic Council prossessing expert 3[ knowledge of
the subject] 3[comprising the Faculty.]
(b) The Faculty of Engineering shall consist of––
(i) Principal of the colleges concerned ;
1. Substituted by Act VIII of 1970.
2. Word ‘‘Agriculture’’ omitted ibid.
3. Substituted by Act VIII of 1970 for the words “comprised in the Faculty” and “knowledge
in the subject”.
50 KASHMIR AND JAMMU UNIVERSITIES ACT, 19

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