The KASHMIR AND JAMMU UNIVERSITIES ACT, 1969
Jammu and Kashmir · state statute
Open in Lexace · Ask the AI about this act[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
Excerpt shown. Open the full act in Lexace.
Lex