LexThe LORDS UNIVESITY, CHIKANI (ALWAR) ACT, 2018
Rajasthan · state statute
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महािीर प्रसाद शमाव,
प्रमुख शासन सधचि ।
(सुलभ प्रनत सांलग्न)
LAW (LEGISLATIVE DRAFTING) DEPARTMENT
(Group-II)
NOTIFICATION
Jaipur, October 05, 2018
No. F. 2 ( 27) Vidhi/2/201 8.- In pursuance of Clause (3) of
Article 348 of the Constitution of India, the Governor is pleased to
authorise the publication in the Rajasthan Gazette of the following
भाग 4 (क) राजस्थान राज –पत्र, अक्टू बर 5, 2018 41(39)
translation in the English Language of Lords Vishwavidhyalaya,
Chikani (Alwar) Adhiniyam,2018 (2018 Ka Adhiniyam
Sankhyank 29):-
(Authorised English Translation)
THE LORDS UNIVESITY, CHIKANI (ALWAR) ACT, 2018
(Act No. 29 of 2018)
[Received the assent of the Governor on the 5th day of October, 2018]
An
Act
to provide for establishment and incorporation of the Lords
University, Chikani (Alwar) in the State of Rajasthan and matters
connected therewith and incidental thereto.
Whereas, with a view to keep pace with the rapid
development in all spheres of knowle dge in the world and the
country, it is essential to create world level modern research and
study facilities in the State to provide state of the art educational
facilities to the youth at their door steps so that they can make out
of them human resources compatible to liberalized economic and
social order of the world;
And whereas, rapid advancement in knowledge and
changing requirements of human resources make s it essential that a
resourceful and quick and responsive system of educational
research and development be created which can work with
entrepreneurial zeal under an essential regulatory set up and such a
system can be created by allowing the private institutions engaged
in higher education having sufficient resources and experience to
establish universities and by incorporating such universities with
such regulatory provisions as ensure efficient working of such
institutions;
And whereas, the Chachan Educational and Welfare
Society, Chikani, Alwar is a Society registered under the Rajasthan
Societies Registration Act, 1958 (Act No. 28 of 1958) at
Registration No. 7/Alwar, 2004 -5005, dated 19.04.2004 in the
office of Registrar, Societies, Alwar;
41(40) राजस्थान राज –पत्र, अक्टू बर 5, 2018 भाग 4 (क)
And whereas, the said Chachan Educational and Welfare
Society, C hikani, Alwar has set up educational infrastructures,
both physical and academic, as specified in Schedule – I, at Village
Chikani, Tehsil Alwar. District Alwar in the State of Rajasthan and
has agreed to invest the said infrastructure in a University for
research and studies in the disciplines specified in Schedul e–II
and has also deposited an amount of rupees one crore to be utilized in
establishment of an endowment fund in accordance with
the provisions of this Act;
And whereas, the sufficiency of the above infrastructure
has been got enquired into by a committee, appointed in this behalf
by the State Government consisting of the Vice-chancellor,
Maharishi Dayanand Saraswati University, Ajmer, Commissioner,
College Education, Government of Rajasthan, Jaipur, Dean
Faculty of Management , University of Rajasthan, Jaipur, Director,
Engineering, Rajasthan Technical University, Kota,
Superintendent, Sawai Man Singh Hospital, Jaipur, Dean, Faculty
of Education, University of Rajasthan, Jaipur, Dean, Faculty of
Science, University of Rajasthan, Jaipur, Head of Department,
Electrical Engineering, Jai Narain Vyas University, Jodhpur, Head
of Department, Electronics and Communication, Rajasthan
Technical University, Kota and Principal, Pharmacy, Sawai Man
Singh Hospital, Jaipur;
And whereas, if the aforesaid infrastructure is utilized in
incorporation as a University and the said Chachan Educational
and Welfare Soci ety, Chikani, Alwar is allowed to run the
University, it would contribute in the academic development of the
people of the State;
Now, therefore, be it enacted by the Rajasthan State
Legislature in the Sixty -ninthYear of the Republic of India, as
follows:-
1. Short title, extent and commencement. – (1) This Act
may be called the Lords University, Chikani (Alwar) Act, 2018.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force at once.
भाग 4 (क) राजस्थान राज –पत्र, अक्टू बर 5, 2018 41(41)
2. Definitions.- In this Act, unless the context otherwise
requires.-
(a) “AICTE” means All India Council of Technical
Education established under All India Council of
Technical Education Act, 1987 (Central Act No. 52
of 1987);
(b) “CSIR” means the Council of Scientific and
Industrial Research, New Delhi – a funding agency
of the Central Government;
(c) “DEC” means the Distance Education Council
established under section 28 of Indira Gandhi
National Open University Act, 1985 (Central Act
No. 50 of 1985);
(d) “distance education” means education imparted by
combination of any two or more means of
communication, viz. broadcasting , telecasting,
correspondence courses, seminars, contact
programmes and any other such methodology;
(e) “DST” means the Department of Science and
Technology of the Central Government;
(f) “employee” means a person appointed by the
University to work in the University and includes
teachers, officers and other employees of the
University;
(g) “fee” means collection made by the University from
the stud ents by whatever name it may be called,
which is not refundable;
(h) “Government” means the State Government of
Rajasthan;
(i) "higher education" means study o f a curriculum or
course for the pursuit of knowledge beyond 10+2
level;
(j) "hostel" means a place of residence for the students
of the University, or its colleges , institutions or
centres, maintained or recognized to be as such by
the University;
(k) "ICAR" means the Indian Council of Agriculture
Research, a society registered under the Societies
Registration Act, 1860 (Central Act No. 21 of
1860);
41(42) राजस्थान राज –पत्र, अक्टू बर 5, 2018 भाग 4 (क)
(l) "MCI" means Medical Council of India constituted
under section 3 of the Indian Medical Council Act,
1956 (Central Act No. 102 of 1956);
(m) "NAAC" means the National Assessment and
Accreditation Council , Bangalore, an autonomous
institution of the UGC;
(n) "NCTE" means the "National Council of Teacher
Education constituted under section 3 of the
National Council of Teacher Education Act, 1993
(Central Act No. 73 of 1993);
(o) "off campus centre" means a centre of the
University established by it outside the main
campus operated and maintained . as its constituent
unit, having the University's complement of
facilities, faculty and staff;
(p) "PCI" means Pharmacy Council of India constituted
under section 3 of the Pharmacy Act, 1948 (Cen tral
Act No.8 of 1948);
(q) "prescribed" means prescribed by Statutes made
under this Act;
(r) "regulating body" m eans a body established or
constituted by or under any law for the time being
in force laying down norms and conditions for
ensuring academic st andards of higher education,
such as UGC , AICTE, NCTE, MCI, PCI, NAAC,
ICAR, DEC, CSIR etc . and includ es the State
Government;
(s) "rules" means the rules made under this Act·,
(t) "Schedule" means the Schedule to this Act;
(u) "Sponsoring Body" means the Chachan Educational
and Welfare Society, Chikani, Alwar, a Society
registered un der t he Rajasthan Societies
Registration Act, 1958 (Act No. 28 of 1958) at
Registration No. 7/Alwar, 2004 -2005, dated
19.04.2004 in the office of Registrar, Societies,
Alwar;
(v) "Statutes", "Ordinances" and "Re gulations" mean
respectively, the Sta tutes, Ordinances and
Regulations of the University made under this Act;
भाग 4 (क) राजस्थान राज –पत्र, अक्टू बर 5, 2018 41(43)
(w) "student of the University" m eans a p erson enrolled
in t he Uni versity for t aking a course o f study for a
degree, diploma o r other academic distinct ion duly
instituted by the Unive rsity, including a research
degree;
(x) "study centre" means a centre established and
maintained or r ecognized b y the Uni versity for the
purpose of ad vising, counseling or for rendering
any other assist ance r equired by the students in the
context of distance education;
(y) "teacher" means a Professor , Associate Professor ,
Assistant Prof essor or any other person required to
impart education or to guide r esearch or to render
guidance in an y other form to th e students for
pursuing a course of study of the University;
(z) "UGC" me ans the Uni versity Grants Commission
established und er section 4 o f the University Grants
Commission Act, 1956 (C entral A ct No.3 o f 1956);
and
(za) "University" means the Lords University, Chikani
(Alwar).
3. Incorporation. - (1) The first Chairperson and the first
President of the University and the first members of the Board of
Management and the Academic Council and all persons who
may hereafter become such officers or members, so long as they
continue to hold such office or membership, are hereby
constituted a body corporate by the name of the Lords University,
Chikani ( Alwar).
(2) The movable and immovable property specified in the
Schedule-I shall be vested in the University and the Sponsoring
Body shall, immediately after the commencement of this Act, take
steps for such vesting.
(3) The University shall have perpetual succession and a
common seal and shall sue and be sued by the said name.
(4) The University shall situate and have its headquarters at
Village Chikan, Tehsil Alwar, District Alwar (Rajasthan).
41(44) राजस्थान राज –पत्र, अक्टू बर 5, 2018 भाग 4 (क)
4. The objects of the University .- The objects of the
University shall be to undertake research and studies in the
disciplines specified in Schedule -II and such other disciplines as
the University may with the prior approval of the State
Government, determine from time to time and to achieve
excellence and impart and disseminate knowledge in the said
disciplines.
5. Powers and functions of the University .- The
University shall have the following powers and functions, namely:-
(a) to provide for instruction in the disciplines
specified in Schedule -II and to make provisions
for research and for the advancement and
dissemination of knowledge;
(b) to grant, subject to such conditions as the
University may determine, diplomas or
certificates, and confer degrees or other academic
distinctions on the basis of examinations,
evaluation or any other method of t esting on
persons, and to withdraw any such diplomas ,
certificates, degrees or other academic d istinctions
for good and sufficient cause;
(c) to organize and to undertake extra mural studies
and extension service;
(d) to confer honorary degrees or other distinctions in
the manner prescribed;
(e) to pro vide instruction, including correspondenc e
and such other courses, as it may determine;
(f) to institute Professorships , Associate
Professorships, Assistant Professorships and other
teaching or academic posts required by t he
University and to make appointment thereto;
(g) to create administrative, ministerial and other
posts and to make appointments thereto;
(h) to appoint persons working in any other university
or organization having specific knowledge
permanently or for a specified period;
(i) to co operate, collaborate or associate with any
other university or authority or institution in such
manner and for such purpose a s the University
may determine;
भाग 4 (क) राजस्थान राज –पत्र, अक्टू बर 5, 2018 41(45)
(j) to establish study centr es and maintain schools,
institutions and such centres , specialized
laboratories or other units for research and
instructions as are in the opinion of the Univ ersity
necessary for the furtherance of its object;
(k) to institute and award fellowship s, scholarships,
studentships, medals and prizes;
(l) to establish and maintain hostels for students of
the University;
(m) to make provisions for r esearch and consultancy,
and for that purpose to enter in to such
arrangements with other institutions or bodies as
the University may deem necessary;
(n) to determine standards for admission into the
University, which may include examination,
evaluation or any other method of testing;
(o) to demand and receive payment of fees and other
charges;
(p) to supervise the residences of the students of the
University and to make 'arrangements for the
promotion of their health and general welfare;
(q) to make special arrangements in respect of women
students as the University may consider desirable;
(r) to regulate and enforce discipline among the
employees and students of the Uni versity and take
such disciplinary measures in this regard as may
be deemed necessary by the University;
(s) to make arrangements for promoting the hea lth
and general welfare of the employees of the
University;
(t) to recei ve donations and acquire , hold, manage
and dispose of any movable or immovable
property;
(u) to borrow money with the approval of the
Sponsoring Body for the purposes of the
University;
(v) to mortgage or hypothecate the property . of the
University with the approval of the Sponsoring
Body;
(w) to establish examination centres;
41(46) राजस्थान राज –पत्र, अक्टू बर 5, 2018 भाग 4 (क)
(x) to ensure that the standard of degrees, diplomas,
certificates and other academic , distinctions are
not lower than those laid down by AICT E, NCTE,
UGC, MCI , PCI and other similar bodies
established by or under any law for the time being
in force for the regulation of education;
(y) to set up off campus centre within th e State,
subject to the provisions of any other law for the
time being in force; and
(z) to do all such other acts and things as may be
necessary, incidental or conduci ve to the
attainment of all or any of the objects of the
University.
6. University to be self -financed.-The University shall be
self-financed and shall not be entitled to receive any grant or other
financial assistance from the State Government.
7. No power of affiliation .- The University shall have no
power to affiliate or o therwise admit to its privileges any other
institution.
8. Endowment Fund. - (1) There shall be established an
Endowment Fund as soon as may be after coming into force of this
Act with an amount of rupees one crore which ha s been deposited
by the Sponsoring Body with the State Government.
(2) The Endowment Fund shall be used as security deposit
to ens ure that the University complies with the provisions of this
Act and function s as per provisions of this Act , Statutes and
Ordinances. The State Governm ent shall have the powers to
forfeit in the prescribed manner, a part or whole of the
Endowment Fund in case the University or the Spon soring Body
contravenes any of the provisions of this Act or St atutes,
Ordinances, Regulations or rules made thereunder.
(3) Income from the Endowment Fund ma y be utilized for
development of infrastructure of the University but shall not be
utilized to meet out the recurring expenditure of the University.
(4) The amount of the Endowment Fund shall be invested
and kept invested until the dissolution of the University in long
भाग 4 (क) राजस्थान राज –पत्र, अक्टू बर 5, 2018 41(47)
term securities issued or guaranteed by the State Government or
deposited and kept deposited until the dissolution of the University
in the interest bearing Personal Depo sit Account o f the Sponsoring
Body in the Government Treasury.
(5) In case of inve stment in long term security, the
certificates of the securities shall be kept in the safe custody of the
State Government and in ca se of deposit in the interest bearing
Personal Deposit Account i n G overnment Treasury, the deposit
shall b e made with the condition that the amount shall not
be withdrawn without the permission of the State Government.
9. General Fund. - The University shall establish a F und,
which shall be ca lled the General Fund to which following shall be
credited, namely:-
(a) fees and other charges received by the University;
(b) any contributions made by the Sponsoring Body;
(c) any income received from consultancy and other
work undertaken by the University in pursuance
of its objectives;
(d) trusts, bequests , donations, endowments and any
other grants; and
(e) all other sums received by the University.
10. Application of General Fund. - The General Fund
shall be utilized for meeting all expenses , recurring or non -
recurring in connection with the affairs of the University:
Provided that no expenditure shall be incurred by the
University in excess of the limits for total recurring expendit ure
and total non -recurring expenditure for the year, as may be fixed
by the Board of Management , without the prior approval of the
Board of Management.
11. Officers of the University. - The following shall be the
officers of the University, namely:-
(i) the Chairperson;
(ii) the President;
(iii) the Pro-President;
(iv) the Provost;
(v) the Proctor;
(vi) the Deans of Faculties;
(vii) the Registrar;
41(48) राजस्थान राज –पत्र, अक्टू बर 5, 2018 भाग 4 ( क)
(viii) the Chief Finance and Accounts Officer; and
(viii) such other officers as may be declared by the
Statutes to be the officers of the University.
12. The Chairperson. - (1) The Chairperson shall be
appointed b y the Sponsoring Body with the c onsent of the State
Government for a period of five years from the date on which he
enters upon his office:
Provided that a Chairperson shall notwithstanding the
expiration of his term continue to hold office until his successor
enters upon the office.
(2) Any vacancy in the office of Chairperson shall be filled
within six months from the date of such vacancy.
(3) The Chairperson shall, by virtue of his office , be the
head of the University.
(4) The Chairperson shall, if prese nt, preside at the
meetings of the Board of Management and at the convocation of
the University for conferring degrees , diplomas or other academic
distinctions.
(5) The Chairperson shall have the following powers,
namely:-
(a) to call for any information or record in connection
with the affairs of the University;
(b) to appoint the President;
(c) to remove the President in accordance with the
provisions of sub-section (11) of section 13; and
(d) such other powers as may be prescribed by the
Statutes.
“13. The President. - (1) The President shall be appointed
by the Chairperson from a panel of not less than three and not
more than five persons recommended by the Board of
Management.
(2) No person shall be eligible to appoint as President
unless he is a distinguished academician having a minimum of ten
years experience as Professor in a university or college or ten years
of experience in an equivalent position in a reputed research and/or
academic administrative organization.
भाग 4 (क) राजस्थान राज –पत्र, अक्टू बर 5, 2018 41(49)
(3) The term of the office of the President shall be three
years from the date on which he enters upon his office or until he
attains the age of seventy years, whichever is earlier:
Provided that the same person shall be eligible fo r
reappointment:
Provided further that a President shall, notwithstanding the
expiration of his term, continue to hold office until his successor
enter upon the office.
(4) For the purpose of selection of the President, the Board
of Management shall invite applications from eligible persons
through a public notice and while considering the names of persons
to be appointed as President, the Board of Management shall give
proper w eightage to academic excellence, exposure to the higher
education system in the country and adequate experience in
academic and administrative governance and record its fi ndings in
writing and enclose the same with the panel to be submitted to the
Chairperson.
(5) Any vacancy in the office of President shall be filled
within six months from the date of such vacancy.
(6) The President shall be the principal executive and
academic officer of the University and shall exercise general
superintendence and control over the affairs of the University and
shall execute the decisions of the authorities of the University.
(7) The President shall preside at the convocation of the
University in the absence of the Chairperson.
(8) If, in the opinion of the President, it is necessary to take
immediate action o n any matter for which powers are conferred on
any other authority by or under this Act, he may take such action
as he deems necessary and shall at the earliest opportunity
thereafter report his action to such officer or authority as would
have in the ordinary course dealt with the matter:
Provided that if, in the opinion of the officer or au thority
concerned, such action should not have been taken by the President
then such case shall be referred to the Chairperson, whose decision
thereon shall be final:
Provided further that where any such action taken by the
President affects any person in the service of the University, such
person shall be entitled to prefer, within three months from the date
on which such action is communicated to him, an appeal to the
Board of Management and the Boar d of Management may confirm
or modify or reverse the action taken by the President.
41(50) राजस्थान राज –पत्र, अक्टू बर 5, 2018 भाग 4 (क)
(9) If, in the opinion of the President, any decision of any
authority of the University is outside the powers conferred by this
Act or Statutes, Ordinances, Reg ulations or rules made thereunder
or is likely to be prejudicial to the interests of the University, he
shall direct the authority concerned to revise its decision within
fifteen days from the date of its decision and in case the authority
refuses or fails to revise such decision, then such matter shall be
referred to the Chairperson and his decision thereon shall be final.
(10) The President shall exercise such other powers and
perform such other duties as may be prescribed by the Statutes or
the Ordinances.
(11) If the Chairperson is satisfied, on an enquiry made or
caused to be made on a representation made to him or otherwise,
that the continuance of President in his office is prejudicial to th e
interests of the University or the situation so warrants, he may, by
an order in writing and stating the reasons therein for doing so, ask
the President to relinqu ish his office from such date as may be
specified in the order:
Provided that before taking an action under this sub section, the
President shall be given an opportunity of being heard.”
14. The Pro -President.- (1) The Pro -President shall be
appointed by the Chairperson in consultation with the President.
(2) The Pro -President shall hold office for a period of three
years and shall be eligible for re-appointment for a second term.
(3) The conditions of service of the Pro -President shall be
such as may be prescribed by the Statutes.
(4) If the Chairperson is satisfied, on an enquiry made or
caused to be made on a representation made to him or otherwise ,
that the continuance of the Pro -President in his office is prejudicial
to the interests of the Universit y or the situation so warrants, he
may, by an order in writing and stating the reasons therein for
doing so, ask the Pro -President to relinquish his office from such
date as may be specified in the order:
Provided that before taking an action under this sub -
section, the Pro -President shall be given an opportunity of being
heard.
भाग 4 (क) राजस्थान राज –पत्र, अक्टू बर 5, 2018 41(51)
(5) The Pro -President shall assist the President in such
matters as are assigned to him by the President from time to time
and shall exercise such powers and perform such functions as may
be delegated to him by the President.
15. The Provost. - (1) The Provost shall be appointed by
the President for such period and in such manner as may be
prescribed by the Statutes.
(2) T he Provost shall ensure discipline in the University
and shall keep the various unions of the teachers and employees
advised of the various policies and practices in the University.
(3) The Provost shall exercise such other powers and
perform such other duties as may be prescribed by the Statutes.
16. The Proctor. - (1) The Proctor shall be appointed by the
President for such period and in such manner as may be prescribed
by the Statutes.
(2) The Proctor shall be responsible for the maintenance of
discipline among the students and keep the various s tudents' unions
advised of the various policies and practices in the University.
(3) The Proctor shall exercise such other powers and
perform such other duties as may be prescribed by the Statutes.
17. The Dean of Faculty. - (1) There shall be a Dean of
each Faculty who shall be appointed by the President for a period
of three years in such manner as may be prescribed by the Statutes.
(2) The Dean shall convene meetings of the Faculty , as and
when required, in consultation with the President and shall preside
over the same. He shall formulate the policies and development
programme of the Faculty and present the same to the appropriate
authorities for their consideration.
(3) The Dean of Faculty shall exercise such other powers
and perform such other duties as may be prescribed by the Statutes.
18. The Registrar. - (1) The Registrar shall be appointed by the
Chairperson in such ma nner as may be prescribed by the
Statutes.
41(52) राजस्थान राज –पत्र, अक्टू बर 5, 2018 भाग 4 (क)
(2) All contracts shall be signed and all documents and
records shall be authenticated by the Registrar on behalf of the
University.
(3) The Registrar shall be the Member -Secretary of the
Board of Management and Academic Council but he shall not have
a right to vote.
(4) The Registrar shall exercise such other powers and
perform such other duties as may be prescribed by the Statutes.
19. The Chief Finance and Accounts Officer. - (1) The
Chief Finance and Accounts Officer shall be appointed by the
President in such manner as may be prescribed by the Statutes.
(2) The Chief Finance and Accounts Officer shall exercise
such powers and perform such duties as may be prescribed by the
Statutes.
20. Other officers .- (l) The University may appoint such
other officers as may be necessary for its functioning.
(2) The manner of appointment and powers and functions
of such officers shall be such as may be prescribed by the Statutes.
21. Authorities of the University .-The following shall be
the authorities of the University, namely:-
(i) the Board of Management;
(ii) the Academic Council;
(iii) the Faculties; and
(iv) such other authorities as may be declared by
the Statutes to be the authorities of the University.
22. The Board of Management .- (1) The Board of
Management of the University shall consist of the following,
namely:-
(a) the Chairperson;
(b) the President;
(c) five persons nominated by the Sponsoring Body
out of whom two shall be eminent educationists
भाग 4 (क) राजस्थान राज –पत्र, अक्टू बर 5, 2018 41(53)
or specialists in disciplines specified in
Schedule-II;
(d) one expert of management or information
technology from outside the University,
nominated by the Chairperson;
(e) one expert of finance, nominated by the
Chairperson;
(f) Commissioner, College Education or his
nominee not below the rank of Deputy
Secretary; and
(g) two teachers, nominated by the President.
(2) The Board of Management shall be the principal
executive body of the University. All the movable and immovable
property of the University shall vest in the Board of Ma nagement.
It shall have the following powers, namely:-
(a) to provide general superintendence and directions
and to control the functioning of the University by
using all such powers as are provided by this Act
or the Statutes, Ordinances, Regulations or rules
made thereunder;
(b) to review the decisions of other authorities of the
University in case they are not in conformity with
the provisions of this Act or the Statutes,
Ordinances, Regulations or rules made
thereunder;
(c) to appro ve the budget and annual report of the
University;
(d) to lay down the policies to be followed by the
University;
(e) to recommend to the Sponsoring Body about the
voluntary liquidation of the University, if a
situation arises when smooth functioning of the
University does not remain possible, in spite of all
efforts; and
(f) such other powers as may be prescribed by the
Statutes.
(3) The Board of Management shall meet at least three
times in a calendar year.
41(54) राजस्थान राज –पत्र, अक्टू बर 5, 2018 भाग 4 (क)
(4) The quorum for meetings of the Board of Management
shall be five.
23. The Academic Council.- (l) The Academic Council
shall consist of the President and such other members as may be
prescribed by the Statutes.
(2) The President shall be the Chairperson of the Academic
Council.
(3) The Academic Council shall be the principal academic
body of the University and shall, subjec t to the provisions of this
Act and the rules, Regulations, Statutes or Ordinances, made
thereunder, co -ordinate and exercise general supervision over the
academic policies of the University.
(4) The quorum for meetings of the Academic Council
shall be such as may be prescribed by the Statutes.
24. Other authorities .- The composition , constitutiExcerpt shown. Open the full act in Lexace.