Rajasthan act 006 of 2008 : The SINGHANIA UNIVERSITY, PACHERI BARI (JHUNJHUNU) ACT, 2008

Department
  • Higher Education Department
Enforcement Date

2008-03-28T18:30:00.000Z

j -?

35(36) ??-??29, 2008_

_

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LAW

(LEGISLATIVE

DRAFTING)

DEPARTMENT

(Group-II)

NOTIFICATION

Jaipur, March 29, 2008 No.F.2

(9) Vidhi/2/20_08.-In pursuance of

clause

(3) ofArticle 348 of theConstitution of

India, theGovernor is

pleased toauthorise the publication in the

Rajasth1n Gazetteof the

following

translation in the

English

language

of

the

Singhania

Vishwavidhyalaya, Pacheri Bari

(Jhunjhunu)

Adhiniyam, 2008

(2008 Ka

Adhiniyam Sankhyank 6):-

(Authorised

English

Translation)

f.

TIIE SINGHANIA UNIVERSITY,

PACHERI

BARI

(JHUNJHUNU)

ACT, 2008

(Act No. 6_of

2008)

I

[ReceivedtheassentoftheGovernoronthe29thday of

March, 2008]

I

An Act to

provide

for

establishment and

incorporation of

the

Singhania University,

Pacheri Bari

(1'unjhunu)intheState

of Rajasthan and matters connected therewith and incidental

thereto. ·1·

Whereas, withaviewto

keeppacewith the

rapid

development in all

spheres of

knowledge intheworldand the

country itis essential to create world level

modern research

and

study facilities

in the

Stateto

1 1

provide

stateof thearteducational

facilitiesto·the

youth at their door steps sothat

they canmakeoutofthemhuman

resources compatible to

liberalized

economic and

social orderof the

world; And

whereas,

rapid Iadvancementin

knowledge and

changing requirements ofhuman resources makesitessential thataresourceful and

quick and

responsive

system ofeducational

research ·

and

development be created

which canworkwith

entrepreneurial zealunderanessential regulatory

setup andsuchasystem canbecreated byallowing the

private institutions

engaged in

higher

education

having

sufficient

resourcesand experience toestablish

universities and byincorporating such uni?brsities

36

??

XJ\1f-"Cf-5f,? 29,

2008

-· -----

·--..----- - ---

_35?_7J

cle

the

ton

ya,

am

U)

'nia rt in I to ? to loor e to gmg

and

t be ntial vate and

.ities with

such

regulatory provisions

as ensure efficient

working

of

such institutions; And

whereas,

the

Singhania

Foundation Education

Samiti, Pacheri

Bari

(Jhunjhunu),

a

society

registered

under the

Rajasthan Societies

Registration Act, 1!95ghaving

its

registered

office at

Pachcri

I

Bari,

District-Jhunjhunu (Rajasthan)

is

engaged

in the field of education for last several years and

is

running

a number of educational

institutions under the name of

'Singhania

Institute of Law

Management

and Science' which are

imparting

education in the various

disciplines; And

whereas,

the said

Singhania

Foundation Education Samiti has set

up educational

infrastructures,

both

physical

and

academic,

as specified inSchedule

I, atPacheri

Bari,

District-Jhunjhunu

in the State of

Rajasthan

and has

agreed

to invest the said

infrastructure in a University forresearch and

studiesinthe

disciplines specified in Schedule IIand hasalso

deposited

an amount of rupees

one

crore to be utilized in

establishment of an endowment fund in

accordance with the provisions ofthis

Act; And

whereas,

the

sufficiency of the above infrastructurehas been got

enquired into

by a

committee,

appointed inthisbehalf

by theState Government

consisting

of

Vice-chancellor,

Mohan Lal

Sukhadia University, Udaipur and

Secretary totheGovernmentinthe

Department of Medical

Education,

Government of

Rajasthan,

Commissioner

College Education,

Rajasthan; And

whereas,

if the

aforesaid. infrastructure is utilized in

I

incorporation as a

University andthesaid

Singhania

Foundation Education

Samiti,

Pacheri 'Bari (Jhunjhunu)

is allowed to run the University, itwould

contribute a

long intheacademic

development of the

people

of the

State; Now,

therefore, beitenacted

by

the.Rajasthan

State

Legislature in

the

Fifty-ninth

Year of

the1Republic of

India,

as follows:-

.

. ''

1. Short

title,

extent and commencement.-

(1)

This Act

rhay

be called the

Singhania University,

Pacheri Bari

(Jhunjhunu)

Act,

2008.

(2) It

extendstothewholeoftheStateof

Rajasthan.

37

r?n11 .d

(""?p) ·--- -- -4

(3) Itshall be

deemedtohavecomeintoforceonac.J

trOfl?. 21st?

October,

2007.

2. Definitions.- In· this

Act,

unless the context otherwise reqmres,-

.,.

;

38

viz.

broadcasting, telecasting, correspondence

courses, semmars, contact

programmes and any other such methodology; \

(e)

"DST" meansthe

Department ofScience and

Technology of

I

(a)

"AICTE" meansAllIndia

CouncilofTechnical

Education established

underlAllIndia Council of Technical

Education Act, 1987

(Central Act No.52of

1987); '1' (b)

"CSIR" meanstheCouncil ofScientific andIndustrial Research, NewDelhi-a

funding agencyoftheCentral Government;

(c) ·

"DEC" meanstheDistance Education Council

established under section

28.

of

Indira Gandhi

National

Open University

I

Act, 1985

(Central ActNo. 50of

1985); (d)

"Distance education" means .education imparted

by combination ofany twoormoremeansof

communication,

.

the Central

Government;

(f) "employee"

meansa

person appointed

by the

University to work in

the

University

and

includes

teachers,

officers and

•. . other

employees

of

the

University; (g)

"fee" means collectionmade

by the

University fromthe students

by

whatever nameitmay be

called,

whichisnot refundable; (h)

"Government" meanstheState Governmentof

Rajasthan;

.

(i) "higher

education" means

study ofacurriculumorcoursefor the

pursuit

of

knowledge beyond

10+2

level; 1 't

I

3

,.,?e.rial .tral

I 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

(Central Act

No. 8 of 1948);

(q) "prescribed" means

prescribed

by

Statutes made

under

this Act '

(r)

"regulatingbody" beansa

body

established or

constitutedby or under any law for the

time

being

in

force

laying

down norms

and ·

conditions for

ensuring

academic standards of higher

education, such as

UGC,

AICTE,

NCTE, MCI, PCI,

I NAAC, ICAR, DEC, CSIR etc.

and

includes the State Government;

(s)

"rules" means

therules made

under this

Act; (t)

"schedule" means the

Schedule to

this

Act; 'WT 4

("cnt

• ? wr-iror, 1ITTl29, 200a

·

.

35?

(j)

"hostel" means a

place

of

residence for the

students of the University, or its

colleges, institutions or

centers, maintained or

recognized to

be as such

by

the

University; I (k)

"lCAR" means the

Indian

Council of

Agriculture Research. a society registered under the

Societies

Registration Act,

I

860

(Central Act

No.'21 of I

860);

(I)

"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;I (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) "offcampus

centre" means a

centre

of

the

University vise

by

/:f,)

21st-

tion

tion

hed

sity

uch

.on,

;es,

not

the

,

of for ·

to md

39

Societies Registration Act, having Registratioh No.registered under

?he Rajasthan

1958

(Act No.28of1958)

4 4 /?/2001-2002; (v)

"Statutes",

"Ordinances" and"Regulations'' mean

respectively,theStatutes, Ordinances and Regulationsof the

?5i4pJ

-

---

?101?

?1'11'-"Cf?f,? 29, 200?.

----

-------

-?5PT __1_(®

(u) "Sponsoring

Body"

means the Singhania Foundation

Education Sa.miti, Pacheri Bari (Jhunjhunu), asociety ·,·

the students

in the context of

distance education; (y)

"teacher"

means a Professor, Reader,

Lecturer or

any other person required to

impart education orto

guide

research or to

render guidance inanyother form ,tothe students for

pursuingacourseof

study of theUniversity; (z)

"UGC"

meansthe University

Grants Commission, established

I

under section 4

?f

the University

Grants Commission Act,

I. .,:)I

1956 (CentralActNo.3of1956); and

(za) "University"

means the Singhania University,

Pacheri Bari· (Jhunjhunu). University madeunderthisAct; (w)

"student of the University"

means a

person enrolled in the

f University fortaking acourse of

study

foradegree, diploma ·

.\

?

I

.

or other academic distinc.tion duly instituted by the

University,

including aresearch degree;

(x) "study

centre"

means a centre established

and maintained or

• recognized by theUniversityfor the

purpose

of advising, counseling orfor

\renderinganyother assistance required

by

.

3 . Incorporation.-

(1)

The first Chancellor

and

the first Vice-

chancellor oftheUniversityand the first members

of

the Board of Management and theAcademic Council and all

persons whd may hereafter

becomesuchofficers or members,

so long asthey continue

to hold such

office or membership, arehereby constituted abody corporate by the name of Singhania Universitv- Pacheri Bari

(Jhunjhunu).

,

I I

111'

I

40

ttion eiety Act, No.

nean .f the

41PT

_4_ (q;"l__ _

??

mrf-tr?f, -? 29_,_,_2_00_8

3-'-5..._(4-J.1)

(2) The

movable and

immovable property specified

in the Schedule I

shall be vested

in the

University

and

the

Sponsoring Body shall,

immediately

after commencement of

this

Act,

take

steps

for such vesting.

(3) The

University I

shall have

perpetual succession and a common seal and

shall sue and

be sued

by

the

said name. .ed or

ising,

ed

by n the

(4)

The

University

shall

situate and have its

headquarters

at (.'?}. .loma

PacheriBari

(Jhunjhunu), (Rajasthan). the

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 theState

Government,

determine

from time to time

and to

achieve excellence and

impart

and

disseminate

knowledge

in the said other

disciplines. 1 or to

ts for 5.

Powers and

functions of the

University.-

The

University shall

have the

following powers and

functions, namely:-

.lished

(a)

to

provide

for

instruction in the

disciplines specified

in Schedule n Act,

f,

e

II

and to make

provisions

for research

and for the

advancement and

dissemination of

knowledge; .i Bari ·

(b) to

grant,· subject

to such conditions as the

University may '

determine,

diplomas

or

certificate,

and confer

degrees

or other

.

.

academic

distinctions on the

basis of

examinations,

evaluation or any other method

of

testing

on

persons, and to withdraw any such

diplomas, certificates,

degrees

or other academic distinctions for

good

and sufficient cause; ;lo• ( c) to

organize andto

Uip.dertake extra-mural studies and extension

.

Vice- .ard of f may mtinue a

body i Bari service;

41

'1'

,· 35(4?-- _

_ ? ?-"Cf?f. ? 2?

2008

--- ·-

I

r

(d) toconfer

honorary degrees orother distinctions in themanner prescribed;

(e) to

provide

instruction, including correspondence and suchother I courses,

as it may determine; --

(f) toinstitute

Professorships, Readerships,

Lecturerships andother teaching oracademic

posts required

by the

University andto make

appointment

thereto;

(g) tocreate administrative,

ministerial and

other

posts andtomake appointments

thereto;

(h) to

appoint persons

1

working

in any other

university or('

I

organization

having specific

knowledge permanently orfora specified period;

(i) to

co-operate, collaborate orassociate withanyother

university or authority

or institution

in such manner and for such purpose

as the

University may determine;

G) toestablish

study

centers andmaintain schools,

institutions and such centers, specialized

laboratoriesorother unitsforresearch and instructionsasarein the

opinion

of the

University,

necessary for thefurtherance ofits

object;

(k) toinstituteand

award

fellowships, scholarships, studentships, medals and

prizes; (1)toestablish andmaintkinhostelsforstudentsof the

University;11•,

(•·1,'}.

(m) tomake

provisions forresearchand

consultancy, and for that

·

purpose toenterintosuch

arrangements with other institutions or bodiesasthe

University may deem necessary;

(n) todetermine standards foradmission intothe

University,

which may include examination,

evaluationor any other method

of testing; ·

(o) todemand andreceive

payment of feesandother

charges;

(p) to

supervise theresidencesofthestudentsof the

University and to make

arrangements

for the

promotion

of their health

and general

welfare;

42

rsity; t;]\l. A1'

\,1,. for that titutions tanner

other

l other md to

, make ity or?'i

9

l ·

for a versity pose as ms and esearch cessary ntships, ,, which .thod of -i:rrn-

.....

(x-·1·

-:--,.

;;r.r-:;r;::,-

-;rr;-;::r_

rr.:.:- DT:;:t

29 2r.oa ·

'

' ... , ..

, --.

_'-i'_ __,_

....

,

.-.,_

1

'-_1'-'1_"'1?,

?I?- I_., -

---- ---

35,4?)

(q) tomake

special arraJgementsin

respect ofwomen

students as the

University may consider

desirable;

(r) to

regulate and

enforce

discipline amongthe

employees and students of the

University

and take such

disciplinary

measures in

I

this

regard

as

may be

deemed necessary by

the

University;

(s) tomake

arrangements for

promoting thehealth and

general welfare ofthe

employees

of

the

University;

(t) toreceive donations·and

acquire,

hold, manageand

dispose of any

movableorimmovable

property;

(u) toborrow moneywiththe

approval ofthe

Sponsoring Body for the purposes of the

University;

(v) to-mortgage or

hypo,hecatethe

property of

t?e University with the

approval

of

the

Sponsoring Body; 'f

(w) toestablish examination

centers;

(x) toensurethatthestandardof

degrees, diplomas,

certificatesand other academic distinctions are not lower than those laid

down

I

by

AICTE, NCTE,UGC,MCI, PCIandother similar bodies established

by

or under any law for the time

being

in force for

I

the

regulation

of

education;

(y) toset

upoffcampus

centre withinorwithoutthe

State,

subject to the

provisions

of any other law for the time

being

in

force;

...

.

and

(z) todoall such

other actsand

things as

maybenecessary, incidental or conducive to the attainment of all or

any of the objects of theUnivdrsity. '1' s;

rsity and

alth and

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.

43

3 _5_,_(4_4_,_)----?-

?-tf?f, l'.!TEr29,

2008 ?-

_ if

I

I

l

1

7. No

power

of affiliation.-

The

University

shall

haveno

power to affiliateorotherwise admittoits

privileges any other institution.

8. Endowment

Fuf d.-

(1)

There shall be establishedan Endowment

Fund, assoonas

maybeafter

coming intoforce of this Act with an amount of rupees onecrore which has been

deposited

by

the Sponsoring Body with theState

Government.

(2) TheEndowmentFundshallbeusedassecurity deposit to -

(ill ,.

ensure that the

University

complies

with the

provisions

of

this

Act and.1J

·1 functions as

per provisions'

of

this

Act,

Statutes and Ordinances.

The State Government shall have the powers toforfeit

in the

prescribed manner, a

part orwhole of

the Endowment

Fund incasethe

University or the

Sponsoring

Body

contravenes

any of

the

provisions

of

this

Actor Statutes, Ordinances, Regulations orrulesmadethereunder.

1

(3)

Incomefrom theEndowmentFundmaybeutilised for developmentof

infrastructureof the

University butshallnotbeutilised to meet

out the

recurring expenditure

of

the

University.

(4) Theamountof theEndowment Fundshall beinvested and

I

kept

invested

untilthedissolution of the

University in long 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

Deposit

Accountof the

Sponsoring

Body inthe Government

Treasury.

(5) Incaseof

investmentin long term

security, thecertificatesof the securities

shall be

kept

in the safe

custody

of the

State Government and incaseof

deposit in

the1 interest

bearing

Personal

Deposit

Account in Government Treasury,

the

deposit

shall bemade with thecondition that theamount shallnotbewithdrawn without the

permission

of the State Government.

44

'lff7T _

4.l_"cp,__) -

-?

xfvf-?. 1=frcT29,

200.8_ ------

_35(4?2 a;id

(e) all

othersumsreceived

by the

University .

• .wer an

Act the it to and f'J

9

The ·ibed rsity ct or for

lised and

term sited ,rie erest

.

the es of ment .ount lition f the

9.

General Fund.-

The

University

shall

establish a

fund,

which shall be called the General Fund to which

following

shall be

credited, namely:-

(a) feesand

other

charges

received

by the

University;

(b) any contributionsmade

by the

Sponsoring

Body;

(c) any income receivedfrom

consultancy andotherwork undertaken

by

the

University

in pursuance of its

objectives;

(d) trusts,

bequests, donations,

endowmentsandany other

grants; ','

10.

Application

of

General Fund.- The General Fund shall

he 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 expenditure

and total non- recurring expenditure fortheyear, as

maybefixed

by the

Boardof Management,

withoutthe

prior

approval oftheBoardof

Management.

11. Officers of the

University.-The following

shall be the officers of the

University, namely:-

(i) the

Chancellor;

1

(ii) the

Vice-chancellor;

(iii) the

Pro-Vice-chancellor;

(iv) the

Provost;

(v) the

Proctor;

(vi) theDeansof

Faculties;

(vii) the

Registrar; '

(viii) theChief FinanceandAccounts

Officer; and

(ix) suchother

officersas

maybedeclared

by the

Statutestobe the officers of

the

University.

12. The

Chancellor.-

(1)

The

Chancellor shall be

appointed by the

Sponsoring Body

with the consent of

the

State

Government for a ·,·

45