Himachal Pradesh act 003 of 2011 : The SRI SAI University (Establishment and Regulation) Act, 2010

AUTHORITATIVE ENGLISH TEXT

THE SRI SAI UNIVERSITY (ESTABLISHMENT AND

REGULATION) ACT, 2010

ARRANGEMENT OF SECTIONS

Sections:

1. Short title and commencement.

2. Definitions.

3. The objects of the University.

4. Incorporation.

5. Powers and functions of the University.

6. University to be self-financed.

7. No power of affiliation.

8. Endowment Fund.

9. General Fund.

10. Application of General Fund.

11. Officers of the University.

12. The Chancellor.

13. The Vice-Chancellor.

14. The Registrar.

15. The Chief Finance and Accounts Officer.

16. Other officers.

17. Authorities of the University.

18. The Governing Body.

19. The Board of Management.

20. The Academic Council.

21. Other authorities.

22. Disqualifications.

23. Vacancies not to invalidate the proceedings of any authority or body of the University.

24. Filling of casual vacancies.

25. Committees.

26. The first statutes.

27. The subsequent statutes.

28. The first ordinances.

29. The subsequent ordinances.

30. Regulations.

31. Admissions.

32. Fee structure.

33. Examinations.

34. Declaration of results.

35. Convocation.

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36. Accreditation of the University.

37. University to follow rules, regulations, norms etc. of the regulating bodies.

38. Annual report.

39. Annual accounts and audit.

40. Powers of the Government to inspect the University.

41. Dissolution of the University by the sponsoring body.

42. Special powers of the Government in certain circumstances.

43. Power to make rules.

44. Power to remove difficulties.

45. Repeal of Ordinance No. 5 of 2010 and saving. ________

THE SRI SAI UNIVERSITY(ESTABLISHMENT AND

REGULATION)ACT, 2010

(Act No. 3 of 2011)¹ (Received the assent of the Governor on the 22^ndJanuary, 2011 and was published in Rajpatra, Himachal Pradesh both in Hindi and English on 29^thJanuary, 2011 at pages 8396-8434).

ANACTto provide for establishment, incorporation and regulation of the SRI SAI University,Palampur, Himachal Pradesh for higher education and to regulate its functioning and for

mattersconnected therewith or incidental thereto.

Amended, repealed or otherwise affect by,-

(i) H.P. Act No. 20 of 2012²published in Rajpatra, Himachal Pradesh both in Hindi and English on the 5^thMay, 2012 at pages 832-837..

(ii) H.P. Act No. Act No. 12 of 2013³published Rajpatra, Himachal Pradesh both in Hindi and English on 15.1.2013, at Pages 5964-5965. Effective w.e.f. 29.9.2010.

(iii) H.P. Act No. Act No. 39 of 2013⁴published both in Hindi and English in R.H.P. dated 5^thJune, 2013 at pages 1465- 1466. Effective w.e.f. 29.9.2010.

BE it enacted by the Legislative Assembly of Himachal Pradesh in the Sixty-first Year ofthe Republic of India as follows :—

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1. Short title and commencement.—(1) This Act may be called the SRI SAI University (Establishment and Regulation) Act, 2010.

(2) It shall be deemed to have come into force on 29th September,

2010.

2. Definitions.—In this Act, unless the context otherwise requires,—

(a) "Board of Management" means the Board of Management constituted undersection 19 of this Act;

(b) "campus" means the area of University within which it is established;

(c) "distance education" means education imparted by combination of any two ormore means of communication, viz. broadcasting, telecasting, correspondencecourses, seminars, contact programmes and any other such methodology;

(d) "employee" means any person appointed by the University and includes teachersand other staff of the University;

(e) "fee" means monetary collection made by the University or its colleges,institutions or study centers, as the case may be, from the students by whatevername it may be called, which is not refundable;

(f) "Government" or "State Government" means the Government of HimachalPradesh;

(g) "Governing Body" means the Governing Body constituted under section 18 ofthis Act;

(h) "higher education" means study of a curriculum or course for the pursuit ofknowledge beyond 10+2 level;

(i) "hostel" means a place of residence for the students of the University, or itscolleges, institutions and study centers, established or recognized to be assuch by the University;

(j) "notification" means a notification published in the Official Gazette;

(k) "off campus/study centre" means a centre of the University established by itoutside the main campus operated and maintained as its constituent unit, havingthe University's complement of facilities, faculty and staff;

(l) "Official Gazette" means the Rajpatra, Himachal Pradesh;

(m) "prescribed" means prescribed by rules made under this Act;

(n) "regulating body" means a body established by the Central Government forlaying down norms and conditions for ensuring academic standards ofhigher education, such as University Grants Commission, All IndiaCouncil of Technical Education, National Council of Teacher Education, MedicalCouncil of

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India, Pharmaceutical Council of India, National Council ofAssessment and Accreditation, Indian Council of Agricultural Research, DistanceEducation Council, Council of Scientific and Industrial Research¹[, the Himachal Pradesh Private Educational Institutions Regulatory Commission] etc. and includesthe Government;

(o) "section" means a section of this Act ;

(p) "sponsoring body" means the Managing Committee SRI SAI College ofEngineering and Technology(Society), Badhani- Pathankot registered under theSocieties Registration Act, 1860 and its subsidiary branch of society "SRI SAIEducational and Charitable Society, Sungal(Padhiarkhar)" Tehsil Palampur,District Kangra registered in Himachal Pradesh;

(q) "State" means State of Himachal Pradesh;

(r) "statutes", "ordinances" and "regulations" mean respectively, the statutes,ordinances and regulations of the University made under this Act;

(s) "student" means a person enrolled in the University for taking a course of studyfor a degree, diploma or other academic distinction instituted by the University,including a research degree;

(t) "study centre" means a centre established and maintained or recognized by theUniversity for the purpose of advising, counseling or for rendering any otherassistance required by the students in the context of distance education;

(u) "teacher" means a Professor, Reader, Lecturer or any other person required toimpart education or to guide research or to render guidance in any form to thestudents for pursuing a course of study of the University; and

(v) "University" means SRI SAI University, Palampur, Himachal Pradesh.

2 [(w) "Regulatory Commission" means the Himachal Pradesh Private Educational Institutions Regulatory Commission, established under section 3 of the Himachal Pradesh Private Educational Institutions (Regulatory Commission) Act, 2010 (Act No. 15 of

2011).]

3. The objects of the University.—The objects of the University shall include,-

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(a) to provide instructions, teaching and training in higher education with a view tocreate higher levels of intellectual abilities;

(b) to establish facilities for education and training;

(c) to carry out teaching, research and offer continuing education programmes;

(d) to create centres of excellence for research and development relevant to theneeds of the State and for sharing knowledge and its application;

(e) to establish campus in the State;

(f) to establish examination centres;

(g) to institute degrees, diplomas, certificates and other academic distinctions on thebasis of examination or any such other method; while doing so, the Universityshall ensure that the standards of degrees, diplomas, certificates and otheracademic distinctions are not lower than those laid down by regulating bodies;

(h) to set up off campus centres, subject to applicable rules or regulations;

1 [(i) to engage in areas of specialization with proven ability to make distinctive contributions to the objectives of the University education system that is academic engagement clearly distinguishable from programmes of an ordinary nature that lead to conventional degrees in arts, science, engineering, medicine, dental, pharmacy, management, etc. routinely offered by conventional institutions; and

(j) to establish broad-based and viable under graduate, post graduate and research programmes in several disciplines with firm interdisciplinary orientation and linkages;]and 2 [(k) to make the University functional within one year from the date of commencement of this Act.]

4. Incorporation.—(1) The first Chancellor and the first Vice- Chancellor of theUniversity and the first members of the Governing body, Board of Management and the AcademicCouncil and all persons who may hereafter become such officers or members, so long as theycontinue to hold such office or membership, are hereby constituted a body corporate by the name ofthe SRI SAI University, Palampur, Himachal Pradesh.

(2) The University shall have perpetual succession and a common seal and shall sue andbe sued by the said name.

1 Clauses (i) and (j) ins. vide Act No. 20 of 2012.

2 Clause (k) ins. vide Act No. 12 of 2013.

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(3) The University shall be situated and have its head quarter at Palampur, DistrictKangra, Himachal Pradesh.

5. Powers and functions of the University.—(1) The University shall have thefollowing powers and functions, namely: —

(i) to provide for instructions in such branches of learning as the University may,from time to time, determine, and to make provision for research and foradvancement and

dissemination of knowledge and for extension of education;

(ii) to conduct innovative experiments in modern methods and technologies in thefield of technical education in order to maintain international standards of sucheducation, training and research;

(iii) to organize and to undertake extra-mural teaching and extension services;

(iv) to hold examinations and grant diplomas and certificates to and confer degreesand other academic distinctions on persons, subject to recognition by anystatutory body under any law, if required, and to withdraw any such diplomas,certificates, degrees or other academic distinctions for good and sufficient cause;

(v) to create such teaching, administrative and other posts as the University maydeem necessary, from time to time, and make appointments thereto;

(vi) the sponsoring body/university shall appoint full time regular employees for theuniversity and the salary of the employees shall be deposited in the bank accountof the employees every month;

(vii) to institute and award Fellowships, Studentships and Prizes;

(viii) to establish and maintain Hostel including Halls; recognise, guide, superviseand control Hostels including Halls not maintained by the University and otheraccommodation for the residence of the students, and to withdraw any suchrecognition ;

(ix) to regulate and enforce discipline among students and employees of theUniversity and to take such disciplinary measures as may be deemed necessary;

(x) to make arrangements for promoting health and general welfare of the studentsand the employees of the University and of the Colleges;

(xi) to determine the criterion for admission in the University or its Colleges;

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(xii) to recognize for any purpose, either in whole or in part, any institution ormembers or students thereof on such terms and conditions as may, from time totime, be specified and to withdraw such recognition;

(xiii) to develop and maintain twinning arrangement with centers of excellence inmodern advanced technology in the developed countries for higher educationtraining and research, including distance education subject to the UniversityGrants Commission Act, 1956 and the regulations made thereunder;

(xiv) to co-operate with any other University, authority or association or anypublic body having purposes and objects similar to those of the University forsuch purposes as may be agreed upon, on such terms and conditions as may, fromtime to time, be specified by the University;

(xv) to co-operate with other National and International institutions in the conduct ofresearch and higher education subject to the University Grants Commission Act,1956 and the regulations made thereunder;

(xvi) to deal with property belonging to or vested in the University in any mannerwhich is considered necessary for promoting the objects of the University;

(xvii) to enter into any agreement for the incorporation in the University of anyinstitution and for taking over its rights, properties and liabilities and for anyother purpose not repugnant to this Act;

(xviii) to demand and receive payment of such fees and other charges as may bespecified from time to time;

(xix) to receive donations and grants, except from parents and students, and toacquire, hold, manage and dispose of any property, movable or immovable,including trust or endowed property within or outside Himachal Pradesh for thepurposes and objects of the University, and to invest funds in such manner as theUniversity thinks fit;

(xx) to make provisions for research and advisory services and for that purpose toenter into such arrangements with other institutions or bodies as the Universitymay deem necessary;

(xxi) to provide for the printing, reproduction and publication of research and otherwork, including text books, which may be issued by the University;

(xxii) to accord recognition to institutions and examinations for admission in theUniversity;

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(xxiii) to do all such other things as may be necessary, incidental or conducive to theattainment of all or any of the objects of the University;

(xxiv) to frame statutes, ordinances and regulations for carrying out the objects of theUniversity in accordance with the provisions of the Act;

(xxv) to provide for dual degrees, diplomas or certificates vis-à-vis otherUniversities on reciprocal basis within and outside the country;

(xxvi) to make provisions for integrated courses in different disciplines in theeducational programmes of the University;

(xxvii) to set-up colleges, institutions, off-campus centres, off-shore campus, studycentres or to start distance education, after fulfilling the norms and regulations ofthe Central Government Regulatory Bodies and Central Government, issued fromtime to time, and after obtaining the specific approval of the State Government;and

(xxviii) to seek collaboration with other institutions on mutually acceptable terms andconditions.

(2) In pursuit of its objects and in exercise of its powers and in performing of itsfunctions, the University shall not discriminate between any person, whosoever, on the basis ofcaste, class, colour, creed, sex, religion or race.

6. University to be self-financed.—The University shall be self- financed and it shall notbe entitled to receive any grant or other financial assistance from the Government.7. No power of affiliation.—The University shall have no power to affiliate or otherwise admit to its privileges any other institution.

8. Endowment Fund.—(1) The sponsoring body shall establish an EndowmentFund for the University with an amount of three crore rupees which shall be pledged to theGovernment.

(2) The Endowment Fund shall be kept as security deposit to ensure strict compliance ofthe provisions of this Act, rules, regulations, statutes or ordinances made thereunder.

(3) The Government shall have the powers to forfeit, in the prescribed manner, a part orwhole of the Endowment Fund in case the University or the sponsoring body contravenes any ofthe provisions of this Act, rules, statutes, ordinances or regulations made thereunder.

(4) Income from Endowment Fund shall be utilized for the development of infrastructureof the University but shall not be utilized to meet out the recurring expenditure of the University.

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(5) The amount of Endowment Fund shall be kept invested, until the dissolution of theUniversity, by way of Fixed Deposit Accounts in any Scheduled Bank subject to the condition thatthis Fund shall not be withdrawn without the permission of the Government.

9. General Fund.—University shall establish a fund, which shall be called the GeneralFund to which following shall be credited, namely:—

(a) fees and other charges received by the University;

(b) any contribution made by the sponsoring body;

(c) any income received from consultancy and other works undertaken by the University;

(d) bequests, donations, except from parents and students, endowments and any othergrants; and

(e) all other sums received by the University.

10. Application of General Fund.—The General Fund shall be utilized for the followingpurposes, namely:—

(a) for the payment of salaries and allowances of the employees of the University andmembers of the teaching and research staff, and for payment of any Provident Fundcontributions, gratuity and other benefits to such officers and employees;

(b) for the expenses to be incurred by the University for services availed includingservices like electricity, telephone etc.;

(c) for the payment of taxes or local levies wherever applicable;

(d) for up keeping of the assets of the University;

(e) for the payment of debts including interest charges thereto incurred by the University;

(f) for the payment of travelling and other allowances to the members of the GoverningBody, the Board of Management and the Academic Council etc.;

(g) for the payment of fellowships, freeships, scholarships, assistantships and otherawards to students belonging to economically weaker sections of the society orresearch associates or trainees, as the case may be, or to any student otherwise eligiblefor such awards under the statutes, ordinances, regulations or rules made under thisAct;

(h) for the payment of the cost of audit of the funds created under sections 8 and 9 of thisAct;

(i) for the meeting of expenses of any suit or proceedings to which University is a party;

(j) for the purpose of movable and immovable assets;

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(k) for the payment of any expenses incurred by the University in carrying out theprovisions of this Act or the statutes, ordinances, regulations or rules made thereunder;and

(l) for the payment of any other expenses as approved by the Board of Management to bean expense for the purposes of the University:

Provided that no expenditure shall be incurred by the University in excess of the limits fortotal recurring expenditure and total non- recurring expenditure for the year, as may be fixed by theBoard of Management, without its prior approval:

Provided further that the General Fund shall, for the purpose specified under sub-clause(e),be applied with the prior approval of the Governing Body:

1 [Provided further that no portion of income and property of the University shall be paid or transferred directly or indirectly, by way of dividend, bonus or otherwise, howsoever, by way of profit to the persons who were at any time or are members of the University or to any of them or any person claiming through them; provided that nothing herein contained shall prevent the payment in good faith of remuneration to any member thereof or other person as consideration for any service rendered to the University or for travelling or other allowances and such other charges.].

11. Officers of the University.—The following shall be the officers of the University,namely:—

(i) the Chancellor;

(ii) the Vice-Chancellor;

(iii) the Registrar;

(iv) the Chief Finance and Accounts Officer; and

(v) such other persons in the service of the University as may be declared by the statutesto be the officers of the University.

12. The Chancellor.—(1) The Chancellor shall be appointed by the sponsoring body fora period of three years, with the approval of the Government in such manner and on such terms andconditions as may be specified by the statutes.

(2) The Chancellor shall be the Head of the University.

(3) The Chancellor shall preside over at the meetings of the Governing Body andconvocation of the University for conferring degrees, diplomas or other academicdistinctions.

1 Third proviso ins. vide Act No. 20 of 2012.

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(4) The Chancellor shall have the following powers, namely:—

(a) to call for any information or record;

(b) to appoint the Vice-Chancellor;

(c) to remove the Vice-Chancellor in accordance with the provisions of sub-section (7) ofsection 13 of this Act; and

(d) such other powers as may be specified by the statutes.

13. The Vice-Chancellor.—(1) The Vice-Chancellor shall by theChancellor, on such terms and conditions as may be specified by statutes, from a panel of threepersons recommended by the Governing Body and shall, subject to the provisions contained in sub-section (7), hold office for a term of three years:Provided that after the expiry of the term of three years, a person shall be eligible for reappointmentfor another term of three years:Provided further that Vice-Chancellor shall continue to hold office even after expiry of histerm till new Vice-Chancellor joins, however, in any case, this period shall not exceed one year.

(2) The Vice-Chancellor shall be the principal executive and academic officer of theUniversity and shall have the general superintendence and control over the affairs of the Universityand shall execute the decisions of various authorities of the University.

(3) The Vice-Chancellor shall preside over at the convocation of the University in theabsence of the Chancellor.

(4) If in the opinion of the Vice-Chancellor, it is necessary to take immediate action onany matter for which powers are conferred on any other authority by or under this Act, he may takesuch action as he deems necessary and shall, at the earliest opportunity thereafter, report his actionto such officer or authority as would have in the ordinary course dealt with the matter:Provided that if in the opinion of the concerned officer or authority such action should nothave been taken by the Vice-Chancellor, then such case shall be referred to the Chancellor, whosedecision thereon shall be final.

(5) If in the opinion of the Vice-Chancellor, any decision of any authority of theUniversity is outside the powers conferred by this Act or statutes, ordinances, regulations or rulesmade thereunder or is likely to be prejudicial to the interests of the University, he shall request theconcerned authority to revise its decision within fifteen days from the date of decision and in casethe authority refuses to revise such decision wholly or partly or fails to take any decision withinfifteen days, then such matter shall be referred to the Chancellor and his decision thereon shall befinal.

(6) The Vice-Chancellor shall exercise such powers and perform such duties as may bespecified by the statutes or the ordinances.

(7) If at any time upon representation made or otherwise and after making such inquiry asmay be deemed necessary, the situation so warrants and if the continuance of the Vice-Chancelloris not in the interests of the University, the Chancellor may, by an order in writing stating thereasons

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therein, ask the Vice-Chancellor to relinquish his office from such date as may be specifiedin the order:Provided that before taking action under this sub- section, the Vice-Chancellor shall begiven an opportunity of being heard.

14. The Registrar.—(1) The Registrar shall be appointed by the Chancellor in suchmanner and on such terms and conditions of service as may be specified by the statutes.

(2) The Registrar shall have power to enter into agreement, contract, sign documents andauthenticate records on behalf of the University and shall exercise such powers and perform suchduties as may be specified by the statutes.

(3) The Registrar shall be the Member-Secretary of the Governing Body, Board ofManagement and Academic Council, but shall not have the right to vote.

15. The Chief Finance and Accounts Officer.—(1) The Chief Finance and AccountsOfficer shall be appointed by the Chancellor in such manner and on such terms and conditions ofservice as may be specified by the statutes.

(2) The Chief Finance and Accounts Officer shall exercise such powers and perform suchduties as may be specified by the statutes.

16. Other officers.—(1) The University may appoint such other officers as may benecessary for its functioning.

(2) The manner of appointment of other officers of the University and their powers andfunctions shall be such as may be specified by the statutes.

17. Authorities of the University.—The following shall be the authorities of theUniversity, namely:—

(i) the Governing Body;

(ii) the Board of Management;

(iii) the Academic Council; and

(iv) such other authorities as may be declared by the statutes to be the authorities of theUniversity.

18. The Governing Body.—(1) The Governing Body of the University shall consist ofthe following, namely:—

(a) the Chancellor;

(b) the Vice-Chancellor; (c)¹[three] persons, nominated by the sponsoring body out of whom two shall beeminent educationists;

(d) one expert of management or information technology from outside theUniversity, nominated by the Chancellor;

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(e) two persons, nominated by the Government; and

(f) two members of the State Legislative Assembly, to be elected by the StateLegislature.

(2) The Governing Body shall be the supreme authority of the University.

(3) The Governing Body shall have the following powers, namely:—

(a) to provide general superintendence and directions and to control functioning ofthe University by using all such powers as are provided by this Act or thestatutes, ordinances, regulations or rules made thereunder;

(b) to review the decisions of other authorities of the University in case they are notin conformity with the provisions of this Act or the statutes, ordinances,regulations or rules made thereunder;

(c) to approve 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 theUniversity if a situation arises when smooth functioning of the University doesnot remain possible in spite of all efforts; and

(f) such other powers as may be prescribed by the statutes.

(4) The Governing Body shall meet at least thrice in a calendar year.

(5) The quorum for meetings of the Governing Body shall be five.

19. The Board of Management.—(1) The Board of Management shall consist of thefollowing members, namely:—

(a) the Vice-Chancellor; 1 [(b) Deans of Faculties not exceeding two (by rotation based on seniority);

(c) two persons, nominated by the sponsoring body from amongst eminent educationists or from management field;

(d) two eminent academicians to be nominated by the Government in consultation with the Regulatory Commission;] 2 [(e) two persons from amongst the teachers (from Professors, Associate Professors), by rotation based on seniority; and

(f) the Registrar shall be the Member Secretary.]

(2) The Vice-Chancellor shall be the Chairperson of the Board of Management.

1 Clause (b) to (d) subs. vide Act No. 20 of 2012.

2 Clauses (e) and (f) ins. vide Act No. 20 of 2012.

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(3) The powers and functions of the Board of Management shall be such as may bespecified by the statutes.

(4) The Board of Management shall meet at least once in every two months.

(5) The quorum for meetings of the Board of Management shall be five.

1 [(6) The Board of Management of the University shall be independent of the Sponsoring Body with full autonomy to perform its academic and administrative functions.]

20. The Academic Council.—(1) The Academic Council shall consist of the Vice-Chancellor and such other members as may be specified by the statutes.

(2) The Vice-Chancellor shall be the Chairperson of the Academic Council.

(3) The Academic Council shall be the principal academic body of the University andshall, subject to the provisions of this Act and the rules, statutes and ordinances made thereunder,coordinate 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 specifiedby the statutes.

21. Other authorities.—The composition, constitution, powers and functions of otherauthorities of the University shall be such as may be specified by the statutes.

22. Disqualifications.—A person shall be disqualified for being a member of any of theauthorities or bodies of the University, if he,—

(a) is of unsound mind and stands so declared by a competent court; or

(b) is an undischarged insolvent; or

(c) has been convicted of any offence involving moral turpitude; or

(d) is conducting or engaging himself in private coaching classes; or

(e) has been punished for indulging in or promoting unfair practice in the conduct of anyexamination, in any form, anywhere.

23. Vacancies not to invalidate the proceedings of any authority or body of theUniversity.—No act or proceeding of any authority or body of the University shall be invalidmerely by reason of any vacancy or defect in the constitution thereof.

1 Sub-section (6) ins. vide Act No. 20 of 2012.

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24. Filling of casual vacancies.—In case there occurs any casual vacancy in anyauthority or body of the University, due to death, resignation or removal of a member, the sameshall be filled, as early as possible, by the person or body who appoints or nominates the memberwhose place become vacant and person appointed or nominated to a casual vacancy shall be amember of such authority or body for the residue of the term for which the person whose place hefills would have been member.

25. Committees.—(1) The authorities or officers of the University may constitutecommittees with such terms of reference as may be necessary for specific tasks to be performed bysuch committees.

(2) The constitution of such committees and their duties shall be such as may be specifiedby the statutes.

26. The first statutes.—(1) Subject to the provisions of this Act, and the rules madethereunder, the first statutes of the University may provide for all or any of the following matters,namely:—

(a) the constitution, powers and functions of the authorities and other bodies of theUniversity as may be constituted from time to time;

(b) the terms and conditions of appointment of the Vice-Chancellor and his powersand functions;

(c) the manner of appointment and terms and conditions of service of the Registrarand Chief Finance and Accounts Officer and their powers and functions;

(d) the manner of appointment and terms and conditions of service of the employeesand their powers and functions;

(e) the terms and conditions of service of employees of the University;

(f) the procedure for arbitration in case of disputes between employees, students andthe University;

(g) the provisions regarding exemption of students from payment of tuition fee andfor awarding to them scholarships and fellowships;

(h) provisions regarding the policy of admissions, including regulation of reservationof seats;

(i) provisions regarding fees to be charged from the students; and

(j) provisions regarding number of seats in different courses.

(2) The first statutes shall be made by the Government and published in the OfficialGazette and a copy thereof shall be laid before the State Legislative Assembly.

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27. The subsequent statutes.—(1) Subject to the provisions of this Act and the rulesmade thereunder, the subsequent statutes of the University may provide for all or any of thefollowing matters, namely:—

(a) creation of new authorities of the University;

(b) accounting policy and financial procedure;

(c) representation of teachers in the authorities of the University;

(d) creation of new departments and abolition or restructuring of existing department;

(e) institution of medals and prizes;

(f) creation of posts and procedure for abolition of posts;

(g) revision of fees;

(h) alteration of the number of seats in different syllabi; and

(i) all other matters which under the provisions of this Act are to be specified by thestatutes.

(2) The statutes of the University other than the first statutes shall be made by the Boardof Management with the approval of the Governing Body.

(3) The Board of Management may, from time to time, make new or additional statutes ormay amend or repeal the statutes so made in the manner hereinafter provided in this section:Provided that Board of Management shall not make any statute or any amendment of thestatute affecting the status, powers or constitution of any existing authority of the University untilsuch authority has been given an opportunity of expressing an opinion on the proposal and anyopinion so expressed shall be in writing and shall be considered by the Governing Body.

(4) Every such statute or addition to the statutes or any amendment or repeal of thestatutes shall be subject to the approval of the Government:Provided that no statute shall be made by the Board of Management affecting the disciplineof students and standards of instruction, education and examination except in consultation with theAcademic Council.

28. The first ordinances.—(1) Subject to the provisions of this Act or the rules orstatutes made thereunder, the Board of Management may make such first ordinances with theapproval of the Governing Body as it deems appropriate for the furtherance of the objects of theUniversity and such ordinances may provide for all or any of the following matters, namely:—

(a) the admission of students to the University and their enrolment as such;

(b) the courses of study to be laid down for the degrees, diplomas and certificates ofthe University;

(c) the award of the degrees, diplomas, certificates and other academic distinctions, theminimum qualifications for the same

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and the means to be taken relating to the grantingand obtaining of the same;

(d) the conditions for awarding of fellowships, scholarships, stipends, medals and prizes;

(e) the conduct of examinations, including the terms of office and manner of appointmentand the duties of examining bodies, examiners and moderators;

(f) fees to be charged for the various courses, examinations, degrees and diplomasof the University;

(g) the conditions of residence of the students in the hostels of the University;

(h) provision regarding disciplinary action against the students;

(i) the creation, composition and functions of any other body which is considerednecessary for improving the academic life of the University;

(j) the manner of co-operation and collaboration with other Universities andinstitutions of higher education; and

(k) all other matters which by this Act or statutes made thereunder are required to beprovided by the ordinances.

(2) The Board of Management shall either modify the ordinances incorporating thesuggestions of the Governing Body or give reasons for not incorporating any of the suggestionsmade by the Governing Body and shall return the ordinances alongwith such reasons, if any, to theGoverning Body and on receipt of the same, the Governing Body shall consider the comments ofthe Board of Management and shall approve the ordinances of the University with or without suchmodifications and then the ordinances, as approved by the Governing Body shall come into force.

29. The subsequent ordinances.—(1) All ordinances other than the first ordinances shallbe made by the Academic Council which after being approved by the Board of Management shallbe submitted to the Governing Body for its approval.

(2) The Academic Council shall either modify the ordinances incorporating thesuggestions of the Board of Management and the Governing Body or give reasons for notincorporating the suggestions, and shall return the ordinances alongwith such reasons, if any, theBoard of Management and the Governing Body shall consider the comments of the AcademicCouncil and shall approve the ordinances of the University with or without such modification andthen the ordinances, as approved by the Governing Body shall come into force.

30. Regulations.—The authorities of the University may, subject to the prior approval ofthe Board of Management, make regulations, consistent

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with this Act, the rules, statutes and theordinances made thereunder, for the conduct of their own business and of the committees appointedby them.

31. Admissions.—(1) Admission in the University shall be made strictly on the basis ofmerit.

(2) Merit for admission in the University may be determined either on the basis of marksor grade obtained in the qualifying examination for admission and achievements in co-curricularand extra-curricular activities or on the basis of marks or grade obtained in the entrance testconducted at State level either by an association of the Universities conducting similar courses orby any agency of the State:Provided that admission in professional and technical courses shall be made only throughentrance test.

(3) Seats for admission in the University, for the students belonging to Scheduled Castes,Scheduled Tribes and Other Backward Classes and Handicapped students, shall be reserved as perthe policy of the State Government.

(4) At least 25% seats for admission to each course shall be reserved for students who arebonafideHimachalis.

(5) The University shall seek prior approval of the¹[Regulatory Commission] for admitting newstudents in subsequent years in the existing courses or for starting new courses which shall besubject to recommendation of the inspection committee set up for the purpose. This shall beapplicable till the first batch of final year students are admitted.

32. Fee structure.— (1) The University may, from time to time, prepare and revise, itsfee structure and send it to the Government for its approval²[before 31^stDecember of every preceding academic year alongwith the approval of courses granted by the Regulatory Commission]and the Government shall convey theapproval within three months from the receipt of the proposal:

3 [xxxxxxxxxxxxxxxxxxxxxxx]:

Provided further that the fee structure for each course shall be decided before the issue ofprospectus and shall be reflected in the prospectus:

Provided further that the fee structure shall not be revised or modified during the academicyear.

(2) The fee structure prepared by the University shall be considered by a committee to beconstituted by the State Government, in the manner as may be prescribed, which shall submit itsrecommendations to the Government after taking into consideration whether the proposed fee is,—

(a) sufficient for generating—

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(i) resources for meeting the recurring expenditure of the University; and

(ii) the savings required for the further development of the University; and

(b) not unreasonably excessive.

(3) After receipt of the recommendations under sub-section (2), if the Government issatisfied, it may approve the fee structure.

(4) The fee structure approved by the Government under sub-section

(3) shall remainvalid until next revision.

33. Examinations.—At the beginning of each academic session and in any case not laterthan 30th of August of every calendar year, the University shall prepare and publish a semester-wiseor annual, as the case may be, Schedule of Examinations for each and every course conductedby it and shall strictly adhere to such Schedule:

Provided that if, for any reason whatsoever, University is unable to follow this Schedule, itshall, as soon as practicable, submit a report to the 1 [Regulatory Commission]giving the detailed reasons formaking a departure from the published Schedule of Examination. The²[Regulatory Commission]t may, thereon,issue such directions as it may deem fit for better compliance in future.

Explanation.—'Schedule of Examination' means a table giving details about the time, dayand date of the commencement of each paper which is a part of a Scheme of Examinations andshall also include the details about the practical examinations.

34. Declaration of results.—(1) The University shall strive to declare the results of everyexamination conducted by it within thirty days from the last date of the examination for a particularcourse and shall in any case declare the results latest within forty-five days from such date:

Provided that if, for any reason whatsoever, the University is unable to finally declare theresults of any examination within the period of forty-five days, it shall submit a reportincorporating the detailed reasons for such delay to the³[Regulatory Commission]. The⁴[Regulatory Commission] may,thereon, issue such directions as it may deem fit for better compliance in future.

(2) No examination or the result of an examination shall be held invalid only for thereasons that the University has not followed the Schedule of Examination as stipulated in section33 and in this section.

1 Subs. for the words " Government" vide Act No. 20 of 2012.

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35. Convocation.—The convocation of the University shall be held in every academicyear in the manner as may be specified by the statutes for conferring degrees, diplomas or for anyother purpose. 1 [36. Accreditation of the University.—The University shall obtain accreditation from the National Council of Assessment and Accreditation (NAAC), Bangalore, as per the guidelines issued by the National Assessment and Accreditation Council from time to time and inform the Government and such other regulating bodies which are connected with the courses taken up by the University about the grade provided by NAAC to the University and the University shall get renewed such accreditation after such period as may be prescribed.]

37. University to follow rules, regulations, norms etc. of the regulating bodies.—Notwithstanding anything contained in this Act, the University shall be bound to comply with allthe rules, regulations, norms etc. of the regulating bodies and provide all such facilities andassistance to such bodies as are required by them to discharge their duties and carry out theirfunctions.

38. Annual report.—(1) The annual report of the University shall be prepared by theBoard of Management which shall include among other matters, the steps taken by the Universitytowards the fulfilment of its objects and shall be approved by the Governing Body and copy of thesame shall be submitted to the sponsoring body.

(2) Copies of the annual report prepared under sub-section (1) shall also be presented to²[the Regulatory Commission and]the Government.

39. Annual accounts and audit.—(1) The annual accounts including balance sheet of theUniversity shall be prepared under the directions of the Board of Management and the annualaccounts shall be audited at least once in every year by the auditors appointed by the University forthis purpose.

(2) A copy of the annual accounts together with the audit report shall be submitted to theGoverning Body.

(3) A copy of the annual accounts and audit report alongwith the observations of theGoverning Body shall be submitted to the sponsoring body.

(4) Copies of annual accounts and balance sheet prepared under sub- section (1) shall alsobe presented to³[the Regulatory Commission and] the Government.

(5) The advice of the⁴[Regulatory Commission and the Government], if any, arising out of the accounts and audit report ofthe University shall be placed before the Governing Body and the Governing Body shall issue

1 Section 36 subs. vide Act No. 20 of 2012.

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suchdirections, as it may deem fit and compliance thereof shall be reported to the¹[Regulatory Commission and the Government].

40. Powers of the Government to inspect the University.—(1) For the purpose ofascertaining the standards of teaching, examination and research or any other matter relating to theUniversity, the Government²[or the Regulatory Commission] may, cause an assessment to be made in such manner as may beprescribed, by such person or persons as it may deem fit.

(2) The Government³[or the Regulatory Commission as the case may be,] shall communicate to the University its recommendations in regardto the result of such assessment for corrective action and the University shall take such correctivemeasures as are necessary so as to ensure the compliance of the recommendations.

(3) If the University fails to comply with the recommendations made under sub-section (2) within a reasonable time, the Government⁴[or the Regulatory Commission as the case may be,] may give such directions as it may deem fit whichshall be binding on the University.

41. Dissolution of the University bythe sponsoring body.—(1) The sponsoring bodymay dissolve the University by giving a notice to this effect to the Government, the employees andthe students of the University at least one year in advance:Provided that dissolution of the University shall have effect only after the last batches ofstudents of the regular courses have completed their courses and they have been awarded degrees,diplomas or awards, as the case may be.

(2) On the dissolution of the University all the assets and liabilities of the University shallvest in the sponsoring body:

Provided that in case the sponsoring body dissolves the University before⁵[fifty] yearsof its establishment all the assets of the University⁶[including assets of the sponsoring body pertaining to the University] shall vest in the Government free from allencumbrances.

42. Special powers of the Government in certain circumstances.—

(1) If it appears tothe Government that the University has contravened any of the provisions of this Act or the rules,statutes or ordinances made thereunder or has contravened any of the directions issued by it underthis Act or has ceased to carry out any of the undertakings given or a situation of financial management or mal-administration has arisen in the University, it shall issue notice requiring theUniversity to show cause within forty five days as to why an order of its liquidation should not bemade.

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(2) If the Government, on receipt of reply of the University on the notice issued undersub-section (1), is satisfied that there is a prima facie case of contravening all or any of theprovisions of this Act or the rules, statutes or ordinances made thereunder or of contraveningdirections issued by it under this Act or of ceasing to carry out the undertaking given or of financialmis- management or mal-administration, it shall make an order of such enquiry as it may considernecessary.

(3) The Government shall, for the purpose of any enquiry under sub- section (2), appointan inquiry officer or officers to inquire into any of the allegations and to make report thereon.

(4) The inquiry officer or officers appointed under sub-section

(3) shall have the samepowers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) whiletrying a suit in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any such document or any other material asmay be predicable in evidence;

(c) requisitioning any public record from any court or office; and

(d) any other matter which may be prescribed.

(5) The inquiry officer or officers inquiring under this Act, shall be deemed to be a civilcourt for the purposes of section 195 and Chapter 26 of the Code of Criminal Procedure, 1973 (2 of1974).

(6) On receipt of the enquiry report from the officer or officers appointed under subsection(3), if the Government is satisfied that the University has contravened all or any of theprovisions of this Act or the rules, statutes, or ordinances made thereunder or has violated any ofthe directions issued by it under this Act or has ceased to carry out the undertakings given by it or asituation of financial mis-management or mal-administration has arisen in the University whichthreatens the academic standard of the University, it shall issue orders for the liquidation of theUniversity and appoint an administrator.

(7) The administrator appointed under sub-section

(6) shall have all the powers and besubject to all the duties of the Governing Body and the Board of Management under this Act andshall administer the affairs of the University until the last batch of the students of the regularcourses have completed their courses and they have been awarded degrees, diplomas or awards, asthe case may be.

(8) After having awarded the degrees, diplomas or awards, as the case may be, to the lastbatches of the students of the regular courses, the administrator shall make a report to this effect tothe Government.

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(9) On receipt of the report under sub-section (8), the Government shall, by notification inthe Official Gazette, issue an order dissolving the University and from the date of publication ofsuch notification, the University shall stand dissolved and all the assets of the University¹[including assets of the sponsoring body pertaining to the University] shall vestin the Government free from all encumbrances from the date of dissolution.

43. Power to make rules.—(1) The Government may, by notification in the OfficialGazette, make rules for carrying out the provisions of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide forall or any of the following matters, namely:—

(a) matter to be prescribed under clause (d) of sub-section (4) of section 42; and

(b) any other matters which are required to be, or may be, prescribed by rules under thisAct.

(3) All the rules made under this Act shall be laid, as soon as may be after they are somade, before the State Legislative Assembly, while it is in session, for a period of not less than tendays which may be comprised in one session or in two or more successive sessions and if beforethe expiry of the session in which it is so laid or the successive sessions aforesaid, the LegislativeAssembly agrees in making modification in any of such rules or agrees that any such rule shouldnot be made, such rule shall thereafter have effect only in such modified form or be of no effect, asthe case may be, so, however, that any such modification or annulment shall be without prejudiceto the validity of anything previously done under that rule.

44. Power to remove difficulties.—(1) If any difficulty arises in giving effect to theprovisions of this Act, the Government may, by order published in the Official Gazette, makeprovisions, not inconsistent with the provisions of this Act, as appear to it to be necessary orexpedient for removing the difficulty:Provided that no such order shall be made under this section after the expiry of a period oftwo years from the commencement of this Act.

(2) Every order made under this section shall, as soon as may be after it is made, be laidbefore the State Legislative Assembly.

45. Repeal of Ordinance No. 5 of 2010 and saving.—(1) The SRI SAI University (Establishment and Regulation) Ordinance, 2010 is hereby repealed.

(2) Notwithstanding such repeal any action taken or anything done under the Ordinance sorepealed shall be deemed to have been done or taken under the corresponding provisions of thisAct.

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