The SRINAGAR AND JAMMU CLUSTER UNIVERSITIES ACT, 2016

CLUSTER UNIVERSITIES
ACT, 2016
(Act No. III of 2016)
THE  SRINAGAR AND JAMMU CLUSTER UNIVERSITIES
ACT, 2016
(Act No. III of 2016)
CONTENTS
Section
1. Short title and commencement.
2. Definitions.
3. Incorporation.
4. Objects of the University.
5. Powers and functions of Cluster University.
6. Approval of the Government.
7. Cluster University open to all classes and creeds.
8. Affiliation restricted to educational institution sin the State.
9. Officers of the Cluster University.
10. The Chancellor.
11. The Pro-Chancellor.
12. The Vice-Chancellor.
13. Powers and duties of the Vice-Chancellor.
14. Financial Advisor.
15. Registrar.
16. Controller of Examinations.
17. Other Officers.
18. Authorities.
19. University Council.
324 CLUSTER UNIVERSITIES  ACT, 2016
20. Powers and functions of the University Council.
21. Syndicate.
22. Powers and functions of the Syndicate.
23. Academic Council.
24. Powers and functions of the Academic Council.
25. Faculties.
26. Powers of each Faculty.
27. The Deans.
28. Board of Studies.
29. Functions and powers of the Board of Studies.
30. Board of Research Studies.
31. Powers and fuctions of the Board of research Studies.
32. Board of Inspection.
33. Functions of the Board of Inspection.
34. Selection Committees.
35. Other Authorities.
36. Audit of accounts.
37. Alteration in the designating of a Government Officer.
38. Statutes.
39. Statutes how made.
40. Regulations.
41. regulations how made.
42. Annual report.
Section.
CLUSTER UNIVERSITIES ACT, 2010 325
43. Disputes as to constitution of Cluster University Authorities or Bodies.
44. Filling of casual vacancies.
45. Proceedings of Cluster University Authorities and Bodies not invalidated by
vacancies.
46. Appointment of Special Officer until Cluster University Authorities are duly
constituted.
47. Affiliation of State Educational Institutions with the Cluster University of
Srinagar and Cluster University of Jammu.
48. Removal of difficulties.
49. Transitional provisions.
–––––––
Section.
326 CLUSTER UNIVERSITIES  ACT, 2016
CLUSTER UNIVERSITIES ACT, 2010 327
THE  SRINAGAR AND JAMMU CLUSTER UNIVERSITIES
ACT, 2016
(Act No. III of 2016)
[Received the assent of the Governor on 8th July, 2016 and published
in the Government Gazette dated 8th July, 2016].
An Act to provide for the establishment of the Cluster University of the
Srinagar and the Cluster University of Jammu and for  matters connected
therewith or incidental thereto.
Be it enacted by the Jammu and Kashmir State Legislature in the Sixty-
seventh Year of the Republic of India as follows:––
1. Short title and commencement. ––(1) This Act may be called the
Srinagar and Jammu Cluster Universities Act, 2016.
(2) It shall come into force from the date of its publication in the
*[Government Gazette].
2. Definitions. ––(1) In this Act, unless the context otherwise requires,––
(a) “Academic Council” means the Academic Council of the Cluster
University ;
(b) “Act” means the Srinagar and Jammu Cluster Universities Act, 2016 ;
(c) “Affiliated College” means an institution imparting instruction for
the Bachelor’s degree, Integrated Honours and Postgraduate
courses with an autonomous status recognised by the Cluster
University concerned in accordance with the provisions of this
Act and the Statutes ;
(d) “Autonomous College” means an institution imparting instruction
for the Bachelor’s degree,  Iintegrated Honours and Postgraduate
courses with an autonomous status recognised by the Cluster
University concerned in accordance with the provisions of this
Act and the Statutes ;
* Now Official Gazette.
328 CLUSTER UNIVERSITIES  ACT, 2016
(e) “College” means an institution maintained or admitted to its
privileges by the Cluster University concerned and includes a
Constituent/ Autonomous/Affiliated College ;
(f) “Cluster University” means the Cluster University of Srinagar or
the Cluster University of Jammu, as the case may be, created by
pooling the resources of  their existing constituent colleges ;
(g) “Constituent College” means the colleges constituting the Cluster
University and recognised as such by the Syndicate of the Cluster
University concerned in accordance with the provisions of this
Act  and the Statutes ;
(h) “Faculties”, “Boards of Studies”, “Board of Inspection” and
“Boards of Research Studies” means the Faculties, Boards of
Studies, Board of Inspection  and Boards of Research Studies of a
Cluster University ;
(i) “Head of the Department” means the Head of a Cluster University
Teaching Department who has the status of a Professor or an
Associate Professor in the Cluster University and where any Cluster
University has no teaching faculty in a subject, the person duly
appointed, for the time being, by the University ;
(j) “Principal” means the Head of a College or a person duly appointed,
for the time being ;
(k) “Regulations” means Regulations made under section 41 of this
Act ;
(l) “Statutes” means Statutes made under section 38 of this Act ;
(m) “Syndicate” means the Syndicate of a Cluster University ;
(n) “Teachers” include Professors, Associate Professors, Assistant
Professors, and any other persons imparting instructions in the
University or in any College maintained or admitted to its privileges
by the Cluster University ;
(o) “Teachers of the University” means persons appointed or
recognized by the University for the purpose of imparting
instruction, in the University or in any Constituent College ;
CLUSTER UNIVERSITIES ACT, 2010 329
(p) “University Council” means the University Council of a Cluster
University.
3. Incorporation.–– The Cluster University of Srinagar and the Cluster
University of Jammu shall be corporate bodies known by the names of the
“Cluster University of Srinagar” and the “Cluster 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.
4. Objects of the University.–– The objects of the University shall be––
(a) to become a cluster of vibrant institutions to disseminate and
advance knowledge by providing instructional and research facilities
in such branches of learning as it may deem fit ;
(b) to act as a change agent by having special focus on the skill
development and creation of skilled workforce by undertaking
industry oriented teaching, training and research, extension
programmes and providing employable skills with a view to
contribute to the development of the society ;
(c) to make provisions for integrated courses in humanities, social
science, science and technology in its education programme ;
(d) to take appropriate measure for promoting innovations in teaching–
learning process and inter disciplinary studies and research ;
(e) to establish linkages with industry for promotion of science,
technology, entrepreneurial skills, innovation, 1[incubation,
knowledge, exchange] etc to and adopt innovative methods to
achieve the status of a self reliant institution ; 2[x x x x]
(f) to pay special attention to the improvement of the social and
economic conditions and welfare of people and their intellectual,
academic and cultural development 3[;]
3[(g) to make the constituent colleges as centre of excellence in Advance
Studies, Social Science, Fine Arts, Sciences and Technology and
Science etc. ;
1. Words inserted by S.O. 1229 (E) dated 31.03.2020.
2. Word “and” omitted ibid.
3. Full stop (.) substituted by semi colon (;) and thereafter clauses (g), (h) and (i) inserted ibid.
330 CLUSTER UNIVERSITIES  ACT, 2016
(h) to make an endeavour towards the autonomy of the constituent
colleges ; and
(i) to work for enhancement of skills and employbility of the students
of the constituent, autonomous and affiliated colleges.]
5. Powers and functions of  Cluster University.–– A Cluster University
shall have the following powers and functions, namely:––
(1) to provide for instruction in such branches of learning as the Cluster
University may deem fit and to make provision for research and for
the advancement and dissemination of knowledge ;
(2) to hold examinations, to grant degrees to and to confer other
academic distinctions on persons who––
(a) have pursued an approved course of study in a college of a
Cluster University or in any educational institution approved
for the purpose, or distant learners under conditions laid
down in the Statutes and Regulations ; or
(b) have carried on independent research 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 on the rolls of the Cluster
University, as the Cluster University may determine ;
(5) to co-operate with other Universities and authorities in such a
manner and for such purposes as the Cluster University may
determine ;
(6) to institute Professorships, Associate Professorships, Assistant
Professorships and any other teaching posts required by the Cluster
University ;
(7) to establish and maintain colleges, to recognise colleges and other
institutions not maintained by the Cluster University and to
withdraw such recognition ;
CLUSTER UNIVERSITIES ACT, 2010 331
(8) to inspect constituent, autonomous and affiliated colleges and other
institutions and places approved by the Cluster 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 so as to achieve
the status of a completely self sustaining corporate body ;
(10) to obtain loans in furtherance of the objects of the Cluster
University ;
(11) to supervise and control the residence and discipline of students
of the Cluster 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 Statutes and Regulations ;
(13) to endeavour for creation of resources and put the available
resources including human and infrastructural assets to optimal
utilization so as to become a self sustaining organisation ; and
(14) to do such other acts and things, whether incidental to the powers
aforesaid or not, as may be required in order to further the objects
of the Cluster University as a teaching, affiliating or examining
body, and to cultivate and promote arts, science and other branches
of learning ;
1[(15) to lay emphasis on mentoring, career counselling and placement
alongwith the development of State of Art facilities for co-curricular
activities in the constituent, autonomous and affiliated colleges.]
6. Approval of the Government.––Notwithstanding anything contained
in the foregoing section, any re-organisation or alteration in structure, pattern
or medium of education at the Cluster University level shall require the previous
approval of the Government.
7. Cluster University open to all classes and creeds.––Each Cluster
University shall be open to all persons irrespective of  sex, caste, class or
creed and it shall not be lawful for a Cluster University to adopt or impose on
1. Clause (15) inserted by S.O. 1229 (E) dated 31.03.2020.
332 CLUSTER UNIVERSITIES  ACT, 2016
any person any test whatsoever of religious belief or profession in order to
entitle him to a certificate, diploma or degree of the Cluster University, or to
serve as a teacher or to hold any office in the Cluster 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
Cluster University, where such test is made a condition thereof by any
testamentary or other instrument creating such benefaction.
8. Affiliation restricted to educational institutions in the 1[Union
territory of Jammu and Kashmir].–– Notwithstanding contained anything in
any law for the time being in force, no educational institution outside the
territory of the 1[Union territory of Jammu and Kashmir] shall be affiliated with,
or be  admitted to any privileges of, a Cluster University under this Act.
9. Officers of the Cluster University.––The following shall be the officers
of a Cluster University:––
(1) the Chancellor ;
(2) the Pro-Chancellor ;
(3) the Vice-Chancellor ;
(4) the Financial Advisor ;
(5) the Educational Advisor ;
(6) the Registrar ;
(7) the Controller of Examinations ; and
(8) such officers as the Statutes may declare to be the officers of a
Cluster University.
10. The Chancellor. ––(1) 2[The Lieutenant Governor of the Union territory
of Jammu and Kashmir] shall be the Chancellor of the Cluster Universities. He
shall be the Head of the Cluster Universities and shall, when present, preside
at the meetings of the Cluster University Council and at the Convocations of
the Cluster Universities.
1. Substituted for “State” by S.O. 1229 (E) dated 31.03.2020.
2. Substituted for “The Chief Minister of the State” ibid.
CLUSTER UNIVERSITIES ACT, 2010 333
(2) The Chancellor shall have such powers as may be conferred on him
by this Act or the Statutes.
(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 Minister Incharge for Higher Education
1[x x x x] shall be the ex-officio Pro-Chancellor of the Cluster 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 Cluster 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 Cluster University, its
buildings, laboratories, equipment, and of any institutions associated with the
Cluster University and also of the examinations, teaching and other work
conducted or done by the Cluster University and to cause an inquiry to be
made in like manner in respect of any matter connected with the Cluster
University. The Pro-Chancellor shall in every case give notice to a Cluster
University of his intention to cause an inspection or inquiry to be made and
the Cluster University concerned shall be entitled to be represented there at.
(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 Cluster
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 Cluster 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. Words “of the State” omitted by S.O. 1229 (E) dated 31.03.2020.
334 CLUSTER UNIVERSITIES  ACT, 2016
12. The Vice- Chancellor. ––(1) The Vice-Chancellor shall either be a
whole-time paid or a part-time honorary officer of a Cluster University as the
Chancellor may determine and shall be appointed by the Chancellor in
consultation with the Pro-Chancellor from amongst the persons whose names
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 Cluster University or any
college of that Cluster University to be nominated by the University
Council ;
(b) a third person not connected with the Cluster University or any
college of that Cluster 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.
(5) The Vice-Chancellor of a Cluster University shall hold office for 1[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 2[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 2[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 Cluster
University, after due enquiry by such person 3[x x x x] to be nominated by the
Chancellor, 2[x x x x], in which the Vice-Chancellor shall have an opportunity of
making his representation against such removal.
1. Substituted for “five years” by S.O. 1229 (E) dated 31.03.2020.
2. Words “in consultation with the Pro-Chancellor” omitted ibid.
3. Words “who is or has been a Judge of a High Court” omitted ibid.
CLUSTER UNIVERSITIES ACT, 2010 335
(6) The Vice-Chancellor of a Cluster University shall, in case he is a
whole-time paid officer, receive salary not exceeding the limit prescribed by the
University Council 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 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 Cluster University
and shall, in the absence of the Chancellor and the Pro-Chancellor, preside
over the meetings of the University Council and at any convocation of the
Cluster University. He shall be an ex-officio member and Chairman of the
Syndicate, Academic Council and such other authorities and bodies as are
provided under the provisions of this Act, and shall be entitled to be present
and to speak at any meeting of any authority or body of the Cluster University
concerned but shall not be entitled to vote there at 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 Cluster 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 or may be thereafter, report his action to the officer,
authority or other body of the Cluster University concerned who or which
would ordinarily have dealt with the matter.
336 CLUSTER UNIVERSITIES  ACT, 2016
(5) Save as otherwise provided in this Act, the Vice-Chancellor of a Cluster
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 Cluster University concerned regarding the
appointment, dismissal and suspension of persons in the employment of the
Cluster University and shall exercise general control over the affairs of the
Cluster University. He shall be responsible for the discipline of the Cluster
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 any other officer or body of
the Cluster University concerned.
14. Financial Advisor.––(1)The Administrative Secretary to Government,
Finance Department, or any other officer nominated by the Government of
Jammu and Kashmir shall be the ex-officio Financial Advisor to the Cluster
Universities.
(2) The Financial Advisor shall exercise general supervision over the
funds of the  Cluster 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 the Cluster Universities.
(4) The Financial Advisor shall––
(a) present annual estimates and the statement 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.
15. Registrar.––(1) The Registrar of a Cluster 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 34 of
this Act. The terms and conditions of service and the emoluments of the
Registrar shall be such as prescribed by the University Council.
CLUSTER UNIVERSITIES ACT, 2010 337
(2) The Registrar of a Cluster University shall act as the Secretary of the
University Council and the Boards of Research Studies and other bodies of
the Cluster University.
(3) The Registrar of a Cluster 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 Cluster
University concerned.
(4) The Registrar of a Cluster University shall be the custodian of the
records, the common seal and such other property of the Cluster University
concerned as the University Council or Syndicate may commit to his charge.
(5) The Registrar of a Cluster University shall have power to realise and
receive all moneys due to the Cluster University and sign and grant receipts
for the same, to make all disbursements on account of the Cluster 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 Cluster University shall issue under his signatures
notice convening meetings of the University Council, the Syndicate and the
Boards of Research Studies of the Cluster 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 Cluster 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 Cluster
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 Cluster
University.
16. Controller of Examinations.––(1)The Controller of Examinations of a
Cluster University shall be a whole-time officer of the Cluster University
concerned and shall be appointed by the University Council on the
recommendation of the Selection Committee constituted in accordance with
338 CLUSTER UNIVERSITIES  ACT, 2016
the provisions of section 34 of this Act on such terms and conditions as the
University Council may from time to time prescribe.
(2) It shall be the duty of the Controller of Examinations of a Cluster
University to make arrangements connected with the setting and printing of
question papers for all the examinations held by the Cluster University
concerned including their safe custody and all other matters connected
therewith.
(3) Subject to directions of the Syndicate, the Controller of Examinations
of a Cluster University shall make all arrangements for the conduct of
examinations of the Cluster University concerned.
(4) Subject to directions of the Syndicate, the Controller of Examinations
of a Cluster University shall arrange all items of the examination work such as
dispatch 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 unfair means, publication and rechecking / re-evaluation
of results and other related matters.
(5)The Controller of Examinations of a Cluster 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 Cluster University shall, in the
execution of his duties, be subject to the immediate direction and control of the
Vice-Chancellor of the Cluster University concerned and shall render such
assistance to the Vice-Chancellor as may be required by him in the performance
of his official duties.
17. Other Officers.––Save as otherwise expressly provided in this Act,
the procedure for appointment and the powers of the officers of the Cluster
University other than the Chancellor, the Pro-Chancellor, the Vice-Chancellor,
the Financial Advisor, the Educational Advisor, the Registrar and the Controller
of Examinations shall be prescribed by the Statutes.
18. Authorities.––The following shall be the authorities of a Cluster
University:––
(1) the University Council ;
(2) the Syndicate ;
CLUSTER UNIVERSITIES ACT, 2010 339
(3) the Academic Council ;
(4) the Faculties ;
(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 Cluster University.
19. University Council.––(1)There shall be a University Council in a
Cluster University consisting of the following members, namely:––
(i) the Chancellor ;
(ii) the Pro-Chancellor ;
(iii) the Vice-Chancellor of the Cluster University concerned ;
(iv) the Vice-Chancellor of the other Cluster University established
under the provisions of this Act ;
(v) the Financial Advisor ;
(vi) the Educational Advisor,  Administrative Secretary to the
Government, Higher Education Department, J&K Government or
the officer designated by the Government to be incharge of Higher
Education ;
(vii) Principals of all the constituent colleges of the Cluster University
concerned ;
(viii) two Deans of  Faculties of the Cluster University concerned
nominated by the Chancellor by rotation ;
(ix) two Principals of the autonomous / affiliated colleges to be
nominated by the Chancellor in consultation with Pro-Chancellor ;
and
(x) two nominees of the Chancellor.
340 CLUSTER UNIVERSITIES  ACT, 2016
(2) The period for which members nominated under (viii) to (x) of sub-
section (1) shall hold office, would be as prescribed in the Statutes in this
behalf.
(3)The meetings of the University Council of a Cluster University shall
be presided over by the Chancellor, when present. In his absence, the Pro-
Chancellor shall preside and in the absence of both the Chancellor and the Pro-
Chancellor, the Vice-Chancellor of the Cluster University concerned shall
preside.
20. Powers and functions of the University Council.––The University
Council of a Cluster University shall be the supreme authority of the Cluster
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
Cluster University ;
(d) to approve plans of development and expansion of the Cluster
University ;
(e) to consider and pass resolutions on the annual reports ;
(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 Associate Professors 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 Cluster 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
Cluster University Council on the recommendation of the Selection Committee
constituted for the purpose in accordance with the provisions of section 34
of this Act, and on such terms and conditions as may be prescribed by the
Statutes :
CLUSTER UNIVERSITIES ACT, 2010 341
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
Cluster 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 Cluster University as are not
otherwise provided for in this Act and the Statutes and Regulations
made thereunder.
21. 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 Financial Advisor ;
(iii) the Educational Advisor ;
(iv) Principals of all the constituent colleges of the Cluster University ;
(v) two Deans of the Faculties of the Cluster University by rotation to
be nominated by  the Vice-Chancellor ;
(vi) two Deans of Faculties of the other Cluster University by rotation
to be nominated by the Chancellor ;
(vii) one member of the Academic Council of the Cluster University
concerned nominated by the Council from amongst its members ;
342 CLUSTER UNIVERSITIES  ACT, 2016
(viii) two members of the Syndicate of the other Cluster University
nominated by that body ; and
(ix) three nominees of the Chancellor.
(2) The terms and conditions of the office of members of a Syndicate
other than ex-officio members shall be such as may be prescribed by the Statutes
in this behalf.
22. Powers and functions of the Syndicate.—(1)Subject to the provisions
of this Act, the Statutes and the Regulations, the Syndicate of a Cluster
University shall exercise and perform the following powers and functions:––
(a) to frame the budget estimates of the Cluster 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 Cluster University :
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 an Associate Professor) 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
Cluster 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
CLUSTER UNIVERSITIES ACT, 2010 343
the purpose in accordance with the provisions of section 34 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 Cluster 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 admit new colleges to the privileges of affiliated or constituent
colleges of the Cluster University subject to the conditions to be
laid down in the Statutes ;
(f) to arrange for and direct the periodical and special inspection of
the colleges and other institutions ;
(g) to award scholarships, prizes, fellowships, exhibitions, bursaries
and other such awards in accordance with the procedure prescribed
in this behalf  ;
(h) to control and manage the Libraries of the Cluster University
concerned ;
(i) to provide buildings, premises, furniture, apparatus, equipment and
other means and facilities needed for carrying on the work of the
Cluster University concerned ;
(j) to invest any moneys belonging to the Cluster University concerned
including any unapplied income in any of the approved securities,
or to place in fixed deposit in any bank, approved by the Government
in this behalf, any portion of such moneys not required immediately
for expenditure ;
(k) to demand and receive such fees as may from time to time be
prescribed by Statutes and Regulations ;
(l) to constitute committees for specific purposes and to assign such
duties to them as may be deemed necessary ;
(m) to recommend to the University Council the plans for development
and expansion of the Cluster University ;
344 CLUSTER UNIVERSITIES  ACT, 2016
(n) to appoint paper setters and examiners for all the examinations held
by the Cluster University in accordance with the procedure
prescribed in the Statutes ;
(o) to give directions for holding of examinations, compilation and
publication of results ;
(p) to give directions for the editing, printing and publishing of such
text-books for various examinations of the Cluster University as
may be considered necessary for this purpose ;
(q) to maintain proper standards of teaching and examination in
consultation with the Academic Council of the Cluster University
concerned ;
(r) to enter into, vary, carry out and cancel contracts on behalf of the
Cluster University ;
(s) to direct the form, custody and use of the common seal of the
Cluster University ;
(t) to accept or transfer any movable or immovable property on behalf
of the Cluster University concerned ;
(u) 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 ; and
(v) to delegate, whenever necessary, appropriate financial and
administrative powers to the Vice-Chancellor, the Registrar, the
Principals of Constituent Colleges, the Heads of the Post-graduate
Departments, the Controller of Examinations or any other officer of
the Cluster 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 re-consideration. In case the Syndicate
endorses its earlier decision by a two-thirds majority, such decision shall be
deemed to be final.
23. Academic Council.––The Academic Council of a Cluster University
shall consist of the following persons, all of whom shall be ex-officio
CLUSTER UNIVERSITIES ACT, 2010 345
members:––
(i) The Vice-Chancellor of the Cluster University concerned ;
(ii) Principals of the Constituent Colleges or Autonomous Colleges or
Affiliated Colleges of the Cluster University   concerned nominated
by the Vice-Chancellor ;
(iii) The Deans of Faculties of the Cluster University concerned ;
(iv) The Heads of Departments of the Cluster University concerned
having the status of Professors or Associate Professors ;
(v) Four Professors / Associate Professors from constituent/
autonomous/ affiliated colleges of the Cluster University concerned
representing subjects other than those represented by the
Principals, nominated by the Vice-Chancellor ;
(vi) Deans of the faculties of the other Cluster University established
under the provision of this Act ; and
(vii) Two Professors of the other Cluster University established under
the provisions of this Act .
24. Powers and functions of the Academic Council.––(1)The Academic
Council of a Cluster University shall have the following powers and functions:–
–
(a) to control and regulate the standards of teaching and examinations
in the Cluster University ;
(b) to prescribe the syllabi and the courses of study for all the
examinations held by the Cluster University ;
(c) to make proposals to the Syndicate and the University Council for
the institution of Professorships, Associate Professorships,
Assistant Professorships, or other teaching posts and re-
appropriating positions in various subjects (on sufficient
justifications) in regard to their duties ;
(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 ;
346 CLUSTER UNIVERSITIES  ACT, 2016
(e) to nominate teachers or specialists to the Faculties ;
(f) to promote research within the Cluster University and to acquire
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 Cluster University
for supplementing the teaching provided in the Constituent,
Autonomous  and Affiliated Colleges.
(2) The Academic Council of a Cluster 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 Cluster University Professors, Associate
Professors, Principals, or teachers of Constituent, Autonomous and Affiliated
Colleges not lower in rank than that of a Professor or Associate 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.
25. Faculties.––(1)The Cluster Universities of Srinagar and Jammu shall
have the faculties one each for Arts, Science, Social Sciences, Commerce,
Education and such other faculties as may be prescribed by the Statutes of the
Cluster University from time to time.
(2) Each of the faculties of Arts, Science, Social Sciences, Commerce and
Education shall consist of :––
(i) The Professors and Associate Professors of the Cluster University
Schools comprising the Faculty ;
(ii) Professors or Associate Professors, in case there are no Professors
in the concerned subject, representing the Constituent,
Autonomous and Affiliated Colleges of the Cluster University in
each subject comprising each Faculty ;
(iii) two persons other than teachers nominated to the Faculty by the
Academic Council possessing expert knowledge of the subject,
comprising the Faculty.
26. Powers of each faculty.––Each Faculty shall have the following powers
and functions, namely:––
CLUSTER UNIVERSITIES ACT, 2010 347
(a) subject to the control of the Academic Council to organize the
teaching work of the Cluster University in the subjects assigned to
the Faculty ;
(b) to suggest to the Academic Council the syllabi and courses of
studies for different examinations after consulting the Boards of
Studies ;
(c) to recommend to the Academic Council the conditions for the award
of degrees, diplomas and other distinctions ;
(d) to deal with any matter referred to it by the University Council or
the Syndicate or the Academic Council ;
(e) to discharge such other functions as may be prescribed by the
Statutes and Regulations ;
(f) to transact such other business as may be approved by the Deans
of the Faculties.
27. The Deans.––(1) There shall be a Dean of each Faculty who shall be
nominated by the Vice-Chancellor by rotation according to seniority in the
manner and subject to such conditions as may be prescribed by the Statutes :
Provided that the office of the Dean of a Faculty shall be held by a
member of the Faculty who is a Cluster University Professor in a subject
comprised in the Faculty and in case there is no Cluster University Professor
in any subject comprised in a Faculty, it may be held by a member of the
Faculty who is the Principal or Senior most Professor/Associate Professor in a
College in the same faculty :
Provided further that no person shall hold the office of the Dean for more
than two consecutive terms except where there is no other person eligible to
hold the office.
(2) The Dean of Faculty shall be responsible for the due observance of
the Statutes and Regulations relating to his Faculty.
(3) Each Faculty shall comprise such subjects of study as may be
prescribed by the Regulations.
28. Boards of Studies.––(1) In a Cluster University there shall be a Board
of Studies for a subject or subjects comprised in a Faculty in accordance with
348 CLUSTER UNIVERSITIES  ACT, 2016
the provisions of the Regulations.
(2) Each Board of Studies shall consist of the following members, namely:––
(a) the Professors of the Cluster University Department in the subject
assigned to the Board, if there are any ;
(b) the Associate Professors of the Cluster University Department in
the subject assigned to the Board, if there are any ;
(c) the Senior most Professor or Associate Professor, in case there is
no Professor, from the Department in the subject concerned from
each Constituent College ;
(d) the Senior most Professor or Associate Professor, in case there is
no Professor, from the Department in the subject concerned from
each Autonomous /Affiliated college, not lower in rank than that of
a Professor or Associate Professor ;
(e) one person who is not a teacher in any affiliated or constituent
college of the Cluster University or a Department of the Cluster
University, nominated by the Faculty :
Provided that where it is found that the Board of Studies in any subject
is not adequately represented, the Vice-Chancellor of the Cluster University
concerned may authorize co-option of teachers in the subject from colleges or
the Cluster University Departments to the extent of three members.
(3) Head of the Cluster University Department senior to all other
Professors in the Department shall be the Convener and in case there is no
Professor of the Cluster University Department in a subject the Board of Studies
shall elect one of its members as the Convener of the Board.
(4) The terms and conditions of the office of the members of a Board of
Studies shall be such as may be prescribe

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