Jammu and Kashmir act 018 of 2005 : The ISLAMIC UNIVERSITY OF SCIENCE AND TECHNOLOGY, KASHMIR ACT, 2005.

Department
  • Department of Higher Education
Ministry
  • Ministry of Andaman and Nicobar Administration
Enforcement Date

11 Nov 2005

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Section 1. Short title and Commencement.

(1) This Act may be called the Islamic University of Science and Technology, Kashmir Act, 2005.

1[(2) It shall come into force on such date as the Government may, by notification in the *[Government Gazette], appoint.]
(3) Seat of the University shall be at Awantipora, Kashmir.


1. Enforced vide SRO-183 dated 3rd July, 2009 with effect from 11th November, 2005.
* Now Official Gazette.

Section 2. Definitions.

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

(a) “Act” means the Islamic University of Science and Technology, Kashmir Act, 2005 ;
2[(b) “Board” means the Board of Waqf established under section 13 of the Waqf Act, 1995 (43 of 1995) ;]
(c) “Chancellor” means the Chancellor of the University provided under sub-section (1) of section 8 ;
(d) “College” means a college maintained by the University ;
(e) “Hall” means a unit of residence, by whatever name called, for students of the University provided or maintained by it ;
(f) “prescribed” means prescribed by Statutes, Ordinances or Regulations ;
(g) “recognized institution” means an institution of higher learning maintained by the University or established by the Board and recognized by the University ;
1[(h) “State” means the Union territory of Jammu and Kashmir ;]
(i) “Statutes”, “Ordinances” and “Regulations” means respectively the Statutes, Ordinances and Regulations of the University made under this Act ;
(j) “University” means Islamic University of Science and Technology, Kashmir.


1. Clause (h) substituted by S.O. 1229 (E) dated 31.03.2020.
2. Clause (b) substituted by S.O. 1229 (E) dated 31.03.2020.

Section 3. The University.

The first Chancellor and the first Vice-Chancellor 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 offices are hereby constituted a body corporate by the name of “Islamic University of Science and Technology, Kashmir”.


Section 4. Objects.

The objects of the University shall be to disseminate and advance knowledge, wisdom and understanding, and to offer Islamic, scientific, technical and other 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 time to time determine, and to make provision for research, for the advancement and dissemination of knowledge and for offering Islamic, scientific, technical and other 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 ;
(4) to appoint or recognize persons as Professors, Readers or Lecturers or otherwise as teachers of the University ;
(5) to institute Awards, Fellowships, Scholarships, Exhibitions and Prizes ;
(6) to establish and maintain Colleges and Halls, to recognize guide, supervise and control Halls started by the 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 admissions into the University ;
(10) to recognize for any purpose, either in whole or in part any institution established and maintained by 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 of 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 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 the Act ;
(13) to demand and receive payment of such fees and other charges as may, from time to time, be prescribed ;
(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 may think fit ;
(15) to make provision for research and advisory services, and for the 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 Board on security of the University property, money for the purposes of the University ; and
(18) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University.


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.


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 conferring degrees.
(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.
2[(4) There shall be a Dean for each Faculty of Basic Disciplines (Engineering, Science, Management and Humanities and Social Sciences) who shall be appointed in such manner and with such powers and duties as may be prescribed by the Statutes and there shall be Head 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 by S.O. 1229 (E) dated 31.03.2020 for “The Chief Minister”.
2. Sub-section (4) substituted ibid.

Section 9. Authorities of the University.

The authorities of the University shall be the 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. Board.

(1) The Board shall be the supreme authority of the University.

(2) The Board shall have the power to review the acts of the Executive Council and the Academic Council (save when these authorities have acted in accordance with the powers conferred upon them under the Act, the Statutes or the Ordinances) and shall exercise all the powers of the University not otherwise provided for by the Act or the Statutes.


Section 11.The Executive Council.

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) the Vice-Chancellor of the University of Kashmir ;
(iv) the Vice-Chancellor of the Baba Ghulam Shah Badshah University ;
(v) the Dean of Students ex-officio ;
(vi) not more than two Deans of Schools of Studies, by rotation according to seniority ;
(vii) not more than two Principals of Colleges ; and
(viii) three persons, none of whom shall be an employee of the University or an institution recognized by, or associated with the University nominated by Chancellor.
(2) The members of the Executive Council referred to in items (vi), (vii) and (viii) shall hold office for a term of three years.
(3) The term of office of the members of the Executive Council shall commence from the date of election, nomination or appointment, the case may be.
(4) Seven members of the Executive Council shall form the quorum.
(5) 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.
(6) The Executive Council shall be incharge of the general management and administration (including the revenue and property) of the University.


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 the 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) the Vice-Chancellor ;
(b) not more than seven persons of high academic standing who shall be appointed in such manner as may be prescribed by the Statutes ;
(c) the Secretary to Government, Higher Education Department, ex-officio ; and
(d) the Secretary to Government, Haj and Auqaf Affairs Department, ex-officio.
(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 the 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 the 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 ;
(c) the appointment, powers and conditions of services and powers and duties of the employees 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 Fellowships, 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 ; and
(g) any other matter which is necessary for the proper and effective management and conduct of the affairs of the University and which by the 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 :
Provided that the 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.


Section 16.Ordinance.

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

(a) the admission of the students, the course 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 ;
(c) the management of colleges and institutions maintained by the University ; and
(d) any other matter which by the 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 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. Colleges.

The Colleges shall be such as may, after the commencement of the Act, be started by the Board and recognized by the Executive Council in accordance with the Act.


Section 19.Annual reports.

The Annual report of the University shall be prepared under the direction of the Executive Council and shall be submitted to Board on or before such date as may be prescribed by the Statutes and shall be considered by the Board at its budget meeting.

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


Section 20.General Fund.

The University shall have a General Fund set up by 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 the Board for meeting the non-recurring cost of the University ;
(ii) rupees two crore to be annually contributed by the Board ;
(iii) its income relating the fee and endowments ;
(iv) contributions or grants as may be made by the Board ; and
(v) other contributions or grants as may be made by any person or authority.


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) The Finance Officer shall be responsible for having the account of the University audited in accordance with sub-section (1).
(3) A copy of the accounts when audited together with the audit report shall be submitted by the Registrar to the Chancellor, and to the 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 the 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 such 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.Constituent Colleges.

(1) Notwithstanding anything to the contrary contained in the Kashmir and Jammu Universities Act, 1969 or any other law in force on the subject, Bibi Halima College of Nursing and Technology and Madintul Uloom, Hazratbal shall, with effect from the commencement of the Act, be Constituent Colleges of the University.

(2) The Constituent Colleges referred to under sub-section (1) shall, with effect from such date as may be appointed by the Government by notification in the *[Government Gazette], cease to be affiliated with the Kashmir University :
Provided that the University examinations for all the courses in respect of which the Constituent Colleges are affiliated with the Kashmir University shall continue to be conducted by the said University in the year of issuance of notification and thereafter the examination in the subsequent years shall be conducted by the University


* Now Official Gazette.

Section 27.Removal of difficulties.

If any difficulty arises in giving the effect to the provisions of this Act, Chancellor may by order published in the 1[Government 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 :

Provided that no such order shall be made after the expiry of two years from the commencement of the Act.


1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government Gazette”.

Section 28.Transitional provisions.

Notwithstanding anything contained in the Act and the Statutes, the first Vice-Chancellor, Executive Council and the Academic Council shall be nominated by the Chancellor and shall hold office for a term of three years :

Provided that the Vice-Chancellor of the University of Kashmir, the University of Jammu and the Baba Ghulam Shah Badshah University shall be ex-officio members of Executive Council so nominated.


Section 29.Repeal and saving.

(1) Islamic University of Science and Technology, Kashmir Ordinance, 2005 is hereby repealed.

(2) Notwithstanding such repeal, anything done, any action taken, any order or notification issued, under any of the provisions of law repealed under sub-section (1) shall be deemed to have been done, taken or issued under the corresponding provisions of the Act as if such provisions of the Act were in force on the day such thing was done, action was taken or order or notification was issued.


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