Jammu and Kashmir act 012 of 1999 : The JAMMU AND KASHMIR SHRI MA TA VAISHNO DEVI UNIVERSITY ACT, 1999. (Act No. XII of 1999)

Section 1. Short title and commencement.

(1) This Act may be called the Jammu and Kashmir Shri Mata Vaishno Devi University Act, 1999.

¹[(2) It shall come into force on such date as the Government may, by notification in the ²[Government Gazette], appoint.]

(3) Seat of the University shall be at such place as may be identified by the Government on the recommendations of a committee consisting of six members nominated by Shri Mata Vaishno Devi Shrine Board, ³[Government of the Union territory of Jammu and Kashmir] and the University Grants Commission in equal numbers, and this shall be located at Katra or around.

1. Enforced vide SRO-360 dated 17-08-1999 w.e.f. 1st September, 1999.
2. Now Official Gazette.
3. Construed for “State Government” by S.O. 3912(E) dated 30.10.2019.

Section 2.Definitions.

In this Act, unless the context otherwise requires,––

(a) “College” means a college maintained by the University ;

(b) “Hall” means a unit of residence, by whatever name called, for students of the University provided, maintained or recognised by it ;

(d) “recognised institution” means an institution of higher learning maintained by the University or started by Shri Mata Vaishno Devi Shrine Board and recognised by, or associated with the University ;

¹[(da)“School” means the school maintained by the University ;]

(e) “Shri Mata Vaishno Devi Shrine Board” means the Board constituted under the Jammu and Kashmir Mata Vaishno Devi Shrine Act, 1988 ;

(f) “Statutes”, “Ordinances” and “Regulations” mean respectively, the Statutes, Ordinances and Regulations of the University made under this Act ;

(g) “University” means Shri Mata Vaishno Devi University.

1. Clause (da) inserted by S.O. 1129(E) dated 31.03.2020.

Section 3.The University.

The First Chancellor and the first ViceChancellor of the University, the Executive Council and the Academic Council and all persons who may hereafter become such officers, so long as they continue to hold such office are hereby constituted a body corporate by the name of “Shri Mata Vaishno Devi University”.

Section 4.Objects.

The objects of the University shall be to disseminate and advance knowledge, wisdom and understanding, and to offer scientific and technical education of the highest standards by teaching and research and by the example and influence of its corporate life.

Section 5.Powers of the University.

The University shall have the following powers, namely :––

(1) to provide for instruction including the method of correspondence courses in such branches of learning as the University may from time to time determine, and to make provision for research, for the advancement and dissemination of knowledge and for offering scientific and technical education of the highest standards ;

(2) to confer honorary degrees or other academic distinctions in the manner laid down in the Statutes ;

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

¹[(4) to appoint or recognise persons as Professors, Associate Professors or Assistant Professors or Lecturers or otherwise as teachers of the University ;]

(5) to institute an award, Fellowships, Scholarships, Exhibitions and prizes ;

²[(6) to establish and maintain Faculty or Schools and Halls, to recognise, guide, supervise and control Halls set up by Shri Mata Vaishno Devi Shrine Board and to withdraw any such recognition ;]

(7) to regulate and enforce discipline among students and employees of the University and to take such disciplinary measures in this regard as may be deemed necessary ;

(8) to make arrangements for promoting health and general welfare of students and employees of the University ;

(9) to determine and provide for examinations for admission into the University ;

(10) to recognise for any purpose, either in whole or in part any institution started and maintained by Shri Mata Vaishno Devi Shrine Board on terms and conditions as may, from time to time, be prescribed and to withdraw such recognition ;

(11) to co-operate with any other University, authority or association or any other public or private body having in view the promotion of purposes and objects similar to those for the University for such purposes as may be agreed upon on such terms and conditions, as may, from time to time, be prescribed ;

(12) to enter into any agreement for the incorporation in the University or any other institution and for taking over its rights, properties and liabilities and for any other purpose not repugnant to this Act ;

(13) to demand and receive payment of such fees and other charges as may be prescribed, from time to time ;

(14) to receive donations and to acquire, hold and manage any property movable or immovable including trust or endowed property for the purposes or objects of the University, and to invest funds in such manner as the University thinks fit ;

(15) to make provision for research and advisory services, and for that purpose to enter into such arrangements with other institutions or bodies as the University may deem necessary ;

(16) to provide for the printing, production and publication of research and other work which may be issued by the University ;

(17) to borrow, with the approval of Shri Mata Vaishno Devi Shrine Board on security of the University property, money for the purposes of the University ;

(18) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of University.

1. Clause (4) substituted by S.O. 1129(E) dated 31.03.2020.
2. Clause (6) substituted ibid.

Section 6. University open to all classes, castes and creeds.

The University shall be open to all persons of either sex and of whatever, race, creed, caste or class.

Section 7. Jurisdiction of the University.

The territorial jurisdiction and the responsibility of the University shall extend to the entire State of Jammu and Kashmir.

Section 8.Officers of the University.

(1) ¹[The Lieutenant Governor of the Union territory of Jammu and Kashmir] shall by virtue of his office be the Chancellor of the University.

(2) The Chancellor, shall, if present, preside at convocation of the University for ²[conferring degrees and at the meetings of the University’s Executive Council and Academic Advisory Committee which he may himself wish to convene and attend but without having a vote].

(3) There shall be a Vice-Chancellor appointed in the manner prescribed by the Statutes who shall be the Principal Executive and Academic Officer of the University and Ex-Officio Chairman, of the Executive Council, Academic Council and Finance Committee and he shall, in the absence of the Chancellor, preside at any convocation for conferring degrees.

(4) There shall be a Dean for each School of Study who shall be appointed in such manner and with such powers and duties as may be prescribed by the Statutes.

(5) There shall be a Registrar who shall act as Secretary of the Executive Council and the Academic Council and he shall be appointed in such manner and with such powers and duties as may be prescribed by the Statutes.

(6) There shall be a Finance Officer, who shall be the Secretary of the Finance Committee and exercise such powers and perform such duties as may be prescribed by the Statutes.

(7) There shall be such other officers as provided for in the Statutes.

1. Substituted for “the Governor of the State of Jammu and Kashmir” by S.O. 1229(E) dated 31.03.2020.
2. Substituted for the words “conferring degrees” by Act XXXVI of 2002, s. 2, w.e.f. 2nd August, 2002.

Section 9.Authorities of the University.

The authorities of the University shall be the Shri Mata Vaishno Devi Shrine Board, the Executive Council, the Academic Council, the Schools of Studies, the Finance Committee and such other authorities as may be declared by the Statutes to be authorities of the University.

Section 10. Shri Mata Vaishno Devi Shrine Board.

(1) Shri Mata Vaishno Devi Shrine Board (hereafter known as Shrine Board) shall be the supreme authority of the University.

(2) The Shrine Board shall have the power to review the acts of the Executive Council and the Academic Council ¹[which it may, at its discretion, consider to have special importance or significant implications warranting a review] and shall exercise all the powers of the University not otherwise provided for by this Act or the Statutes :

Provided that the power of review under this sub-section shall not be exercised except by a majority of the total membership of Shri Mata Vaishno Devi Shrine Board and by a majority of not less than two thirds of the members of the Board present and voting.

1. Substituted for certain words by Act XXXVI of 2002, s. 3, w.e.f. 2nd August, 2002.

Section 11. The Executive Council.

¹[(1) The Executive Council shall consist of the following members, namely:––

(i) The Vice Chancellor of the University ;

(ii) The Vice Chancellor of the University of Jammu ;

(iii) Vice Chancellor of the University of Kashmir ;

(iv) The Dean of Student Welfare, ex officio ;

(v) Not more than two Deans of Faculty by rotation according to seniority ;

(vi) Not more than two heads of Schools of studies, by rotation according to seniority ;

(vii) Principal Secretary to Lieutenant Governor, Permanent invitee ex officio ;

(viii) Chief Executive Officer of Shri Mata Vaishno Devi Shrine Board, Permanent invitee ex officio ;

(ix) Three persons, none of whom shall be an employee of the University or an Institution recognised by, or associated with, the University, to be nominated by Shri Mata Vaishno Devi Shrine Board.]

(2) The members of the Executive Council referred to in items (v) and (vi) shall hold office for a term of two years.

(3) The members referred to in item (vii) shall hold office for a term of three years.

(4) The term of office of the members of the Executive Council shall commence from the date of election, nomination or appointment, as the case may be.

(5) Four members of the Executive Council shall form the quorum.

(6) The Executive Council shall be the executive body of the University, and its constitution and the terms of the office of its members, other than ex-officio members, shall be prescribed by the Statutes.

(7) It shall be incharge of the general management and administration (including the revenue and property) of the University.

1. Sub-section (1) substituted by S.O. 1129(E) dated 31.03.2020.

Section 12. The Academic Council.

(1) The Academic Council shall be the academic body of the University, and its constitution and the terms of office of its members, other than ex-officio members, shall be prescribed by the Statutes.

(2) The Academic Council shall, subject to the provisions of this Act, the Statutes and the Ordinances have the control and general regulation and be responsible for the maintenance of standards of instruction, education and examination within the University and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes.

Section 13.The Academic Advisory Committee.

(1) There shall be constituted an Academic Advisory Committee of the University which shall advise generally on the planning and development of the University and keep under review the standard of education and research in the University.

(2) The Committee shall consist of :––

(a) not more than seven persons of high academic standing who shall be appointed in such manner as may be prescribed by the Statutes ;

(b) the Vice-Chancellor ; and

(3) The Chancellor may determine a date with effect from which the Academic Advisory Committee shall stand dissolved.

Section 14. Statutes.

Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely :––

(a) the constitution, powers and duties of the authorities and other bodies of the University, except Shri Mata Vaishno Devi Shrine Board, the qualifications and disqualifications for membership of such authorities and other bodies, appointment and removal of members thereof and other matters connected therewith ;

(b) the appointment, powers and duties of the officers of the University ;

(d) the terms and conditions under which institutions may be associated with the University ;

(e) the administration of the University, the establishment and abolition of the colleges, institutions and Halls, the grant and withdrawal of recognition to institutions, the institutions of Fellowship Awards and the like, the conferment of degrees and other academic distinctions and the grant of diplomas and certificates ;

(f) the giving of religious instruction ;

(g) any other matter which is necessary for the proper and effective management and conduct of the affairs of the University and which by this Act is to be or may be provided by the Statutes.

Section 15. Statutes how made.

(1) The first Statutes are those set out in the schedule.

(2) The Executive Council may, from time to time make new or additional statutes or may amend or repeal the Statutes in the manner hereafter in this section provided :

Provided that Executive Council shall not make any Statute or any amendment of the statute affecting the status, powers or constitution of any existing authority of the University until such authority has been given an opportunity of expressing an opinion on the proposal and any opinion so expressed shall be in writing and shall be considered by the Executive Council :

Provided further that no Statute shall be made by the Executive Council affecting the discipline of students and standards of instruction, education and examination except after consultation with the Academic Council.

(3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the approval of the Shrine Board who may assent thereto or withhold assent or remit to the Executive Council for consideration.

(4) A new Statute or a Statute amending or repealing an existing statute shall have no validity unless it has been assented to by the Shrine Board.

Section 16.Ordinances.

(1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely :––

(a) the admission of the students, the courses of study and the fees therefor, the qualifications pertaining to degrees, diplomas, certificates and other academic distinctions, the conditions for grant of Fellowships. Awards and the like ;

(b) the conduct of examinations, including the terms of office and appointment of examiners and the conditions of residence of students and their general discipline ;

(d) any other matter which by this Act or the Statutes is to be or may be provided by the Ordinances.

(2) The first ordinances shall be made by the Vice-Chancellor with the previous approval of the Shri Mata Vaishno Devi Shrine Board and the Ordinances made may be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes.

Section 17.Regulations.

The authorities of the University may make the Regulations for the conduct of their own business and that of the Committees appointed by them and not provided for by this Act, the Statutes or the Ordinances in the manner prescribed by the Statutes.

Section 18.School.

¹[18. School.–– The School shall be such as may be established by Shri Mata Vaishno Devi Shrine Board and recognised by the Executive Council in accordance with the provisions of this Act.]

1. Section 18 substituted by S.O. 1129(E) dated 31.03.2020.

Section 19. Annual Reports.

(1) The annual report of the University shall be prepared under the direction of the Executive Council and shall be submitted to Shri Mata Vaishno Devi Shrine Board on or before such date as may be prescribed by the Statutes and shall be considered by the Shrine Board at its budget meeting.

(2) The Shrine Board may communicate its comments thereon to the Executive Council.

Section 20.General Fund.

The University shall have a General Fund set up by Shri Mata Vaishno Devi Shrine Board in the name of the University and operated by the University to which shall be credited––

(i) Rupees twenty crore as a one time capital grant to be made by Shri Mata Vaishno Devi Shrine Board for meeting the nonrecurring cost of the University.

(ii) Rupees three crore to be annually contributed by Shri Mata Vaishno Devi Shrine Board ;

(iii) its income relating the fee and endowments ;

(iv) contribution or grants which may be made by the Government ; and

(v) other contributions or grants.

Section 21. Audit of Accounts.

(1) The Accounts of the University shall, once at least in every year and at intervals of not more than fifteen months be audited by the Chartered Accountants of the University.

(2) A copy of the accounts when audited together with the audit report shall be submitted by the Registrar, to the Chancellor and to the Shrine Board.

Section 22.Disputes as to constitution of University Authorities and Bodies.

If any question arises whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.

Section 23.Constitution of Committees.

Where any authority, of the University is given power by this Act or the Statutes to appoint Committees, such Committees shall, save as otherwise provided, consist of members of the authorities concerned and of such other persons (if any) as the authority in each case may think fit.

Section 24.Filling of Casual Vacancies.

All casual vacancies among the members (other than ex-officio members) of any authority or other body of the University shall be filled, as soon as conveniently may be, by the person or body who appointed, elected or co-opted the member whose place has become vacant and the person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

Section 25. Proceedings of the University Authorities and Bodies not invalidated by vacancies.

No act or proceedings of any authority or other body of the University shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members.

Section 26.Removal of difficulties.

If any difficulty arises in giving effect to the provisions of this Act, Shri Mata Vaishno Devi University may, by order published in the official Gazette, make such provisions not inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the difficulty.

Section 27.Transitional provisions.

Notwithstanding anything contained in this Act and the statutes, the first Executive Council and the Academic Council shall be nominated by Shri Mata Vaishno Devi Shrine Board and shall hold office for a term of three years :

Provided that, the Vice-Chancellors of the University of Kashmir and the University of Jammu shall be ex-officio members of the Executive Council so nominated :

¹[Provided further that the Chancellor shall, preside at the meeting of the First Executive Council and the First Academic Council and in his absence, the Vice-Chancellor shall preside.]

1. Proviso inserted by Act XXXVI of 2002, s. 4, w.e.f. 2nd August, 2002.