State of Himachal Pradesh - Act
Himachal Pradesh University Act, 1970
HIMACHAL PRADESH
India
India
Himachal Pradesh University Act, 1970
Act 17 of 1970
- Published on 1 January 1970
- Commenced on 1 January 1970
- [This is the version of this document from 1 January 1970.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definitions.
- In this Act, unless the context requires otherwise:3. Establishment and incorporation of the University.
4. 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, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitled him to be admitted thereto, as a teacher or student, or to hold any office therein, or to graduate there at, or to enjoy or exercise any privilege thereof except in respect of any particular benefication accepted by the University, where such test is made a condition thereof by any testamentary or other instrument creating such benefication;Provided that nothing in this section shall be deemed to prevent religious instruction being given in the manner prescribed in the ordinances to those who have consented to receive it.5. Objects.
- The objects of the University shall be to disseminate and advance knowledge, wisdom and understanding by teaching and research and by the example and influence of its corporate life and towards this end the University shall:-6. Powers.
- The University shall have the following powers, namely:-7. Jurisdiction of the University.
8. Transfer of assets and liabilities and of employees of certain institutions to the University.
- On the commencement of this Act, the assets and liabilities of the Punjab University Regional Centre for Post Graduate Studies, Shimla and the Punjab University Evening College, Shimla, shall stand transferred to and shall vest in the University, in accordance with the terms and conditions mutually agreed to between the University and the Punjab University, Chandigarh. All officers and other employees of these institutions holding office as such immediately before the commencement of this Act, shall, on such commencement become the officers and other employees of the University;Provided that:-9. Visitation.
9A. Power of the Chancellor to annul proceedings or decisions of the University and its bodies.
- Without prejudice to the foregoing provisions of this section, the Chancellor may, by order in writing, annul proceedings of the University or of its any authority or the decision of any officer of the University, which is not in conformity with this Act or the Statutes or the Ordinances made there under;Provided that before making such order, the Chancellor shall call upon the University, or as the case may be its authority or the officer, to show cause why such an order should not be made and if any cause is shown within the period specified by him in this behalf shall consider the same.9B. Power of State Government to enquire.
- The State Government may, cause an enquiry to be made by any of its officers or agency as it may direct on any matters connected with the administration and finances of the University or the institutions maintained by it and the report of such enquiry shall be sent to the State Government and the State Government after examining the same, shall forward the report to the Chancellor and may also recommend any action including removal of Vice-Chancellor or the Pro-Vice-Chancellor, as the case may be, if in its opinion there exist such circumstances as are contained in sub-section(5) of Section 12 of this Act and the Chancellor may take action accordingly:Provided that before taking such action, the Chancellor shall afford reasonable opportunity of being heard to the Vice-chancellor or Pro-Vice-Chancellor, as the case may be.10. Officers of the University.
- The following shall be the officers of the University:-11. The Chancellor.
12. Appointment of the Vice-Chancellor.
12A. Emoluments and other terms and conditions of service of the Vice-Chancellor.
12B. Arrangement of work during vacancy in the office of the Vice-Chancellor.
12C. Powers and duties of the Vice-Chancellor.
12D. Pro-Vice-Chancellor.
12E. Powers and duties of the Pro-Vice-Chancellor.
13.
Omitted.14. Dean of Faculty.
- There shall be a Dean for each Faculty who shall be appointed in such manner and exercise such powers and perform such duties as may be prescribed by the Statutes.15. Registrar.
15A. Controller of Examinations.
- There shall be a Controller of Examinations who shall have same status and pay as the Registrar and who shall be appointed by transfer of the incumbent of the Office of the Registrar or in such other manner and shall exercise such powers and perform such functions, as may be prescribed by the Statutes.16. Finance Officer.
17. Powers and duties of other Officers.
- The appointment, conditions of service and powers, functions and duties of officers of the University other than the Chancellor shall be such as may be prescribed by the Statutes and the Ordinances.18. Authorities of the University.
- The following shall be the authorities of the University:-19. The Court.
- There shall be a Court of not more than sixty five members and its constitution and the term of office of its members shall be, as prescribed by the Statutes.20. Powers and functions of the Court.
- Subject to the provisions of this Act, the Court shall have the following powers and functions, namely:-21. Executive Council.
22. Academic Council.
23. Faculties.
24.
Omitted.25.
Omitted.26.
Omitted.27.
Omitted.28. Finance Committee.
29. Annual accounts.
30. Correspondence Courses.
- The Executive Council may, on the recommendation of the Academic Council, provide for instruction to be imparted through Correspondence Courses for various examinations in subjects and courses as laid down in the Ordinances and admit students to these examinations and award degrees, diplomas, certificates and other distinctions in accordance with the provisions laid down in the Statutes and Ordinances.31. Autonomous College.
32. Conditions for Affiliation.
- The conditions of affiliation of a college shall be as may be prescribed.33. Examinations and admissions.
- Students shall be eligible for admission to the various courses of study instituted by the University and shall be admitted to examinations for various degrees, diplomas, certificates and other distinctions as prescribed.34. Selection Committee.
35. Contract of appointment.
35A.
Omitted.36. Pension Insurance and Provident Fund.
37. Annual Report.
38. Statutes.
- Subject to the provisions of the Act, the Statutes may provide for or any of the following matters, namely:-39. Statutes how to be made.
40. Ordinances.
41. Regulations.
42. 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 or elected the member whose place has become vacant, and the person appointed or elected to a casual vacancy shall be member of such authority or body for the residue of the term for which the person whose place he fills could have been a member.43. 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.44. Removal from membership and withdrawal of Degrees Diplomas etc.
- The Chancellor may, on the recommendation of not less than two- third of the members of the Executive Council, remove any person from the membership of any authority or body of the University who has been convicted of an offence which, in the opinion of the Executive Council, involves moral turpitude or who is guilty of scandalous conduct or has behaved in a manner unbecoming of a member of such authority or body, and may on any of the aforesaid grounds withdraw from any person, any degree, diploma or certificate conferred or granted by the University;Provided that before taking any action under this section, the member or the person concerned shall be afforded reasonable opportunity of making a representation against the proposed action.45. Disputes.
- If any question arises whether any person has been duly appointed or elected 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.46. Transitional Powers.
- Notwithstanding anything contained in this Act, the first members of the Court, the Executive Council and the Academic Council shall be nominated by the Chancellor and they shall hold office for a period not exceeding three years as may be provided in each case in the Statutes to be framed under section 38.47. Transitory Provision.
- Notwithstanding anything contained in this Act, or in the Statutes or Ordinances, any student of a college who immediately before the commencement of this Act was studying for a degree, diploma or certificate of the Punjab University, Chandigarh and the Punjab Agricultural University, Ludhiana, shall be permitted by the Himachal Pradesh University to complete his course for the degree, diploma, or certificate and the Himachal Pradesh University or the College, as the case may be shall provide for the instruction of such student in accordance with the prospectus of studies of the Punjab University, Chandigarh or the Punjab Agricultural University, Ludhiana, as the case may be, and he shall be admitted to the examination concerned of the Himachal Pradesh University.48. Removal of difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Rajpatra, Himachal Pradesh make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary for the purpose of removing the difficulty;Provided that no such order shall be made after the expiry of two years from the commencement of this Act.49. Miscellaneous.
50. Action not to be invalid merely in view of a defect in the constitution and functioning of any body of the University.
- If, due to any reason whatsoever, the Court, Academic Council or any other body of the University has not been constituted, it would be lawful for the Executive Council to exercise the duties of the bodies or authorities not constituted, and no action of the University shall be invalid merely because of certain defect in the constitution or procedural irregularity in the functioning of any of its bodies.First Statutes of The Himachal Pradesh University1. and 2 deleted.
3. Deans of Faculties. - (1) There shall be Dean of each Faculty who shall be appointed by the Vice-Chancellor. The Deans shall be appointed in rotation, by seniority amongst all the Professors of the different departments/Institute(s)/School(s)/Centre(s) comprising the Faculty in term of sub-clause (iii) to clause (1) of Statute 13 for a period of two years.
Provided further that if in any faculty there is no Professor the senior most Associate Professor of the different departments/Institute(s)/school(s)/centre(s) comprising the faculty shall act as the Dean and if there is no Associate Professor , the Vice-Chancellor shall make arrangements for the appointment of the Dean of Faculty.Provided however, that if a Dean happens to be on leave for a period of not less than two months, the Vice-Chancellor may appoint the next person eligible to become Dean of the Faculty concerned to act as Dean during the period of absence on leave of the regular Dean.Provided further that the Dean of the Faculty of Ayurveda, Engineering & Technology, Medical Sciences and Dental Sciences shall be appointed from amongst the Principals of affiliated colleges under the Faculty by rotation on the basis of seniority.4. Registrar. - (1) The Registrar shall be a whole-time salaried officer of the University and he shall be appointed by the Executive Council on the recommendation of a Selection Committee constituted for the purpose on such terms and conditions, as may be prescribed by the Ordinances;
Provided that a person appointed as Registrar shall retire from office when he completes the age of 60 years;Provided further that the first Registrar shall be appointed by the Chancellor for a term not exceeding five years.4A.
5. Finance Office. - (1) The Finance officer shall be a whole time salaried officer of the University and he shall be appointed by the Executive Council on the recommendation of a Selection Committee constituted for the purpose, on such terms and conditions as may be prescribed by the Ordinances:
Provided that the Executive Council if it deems fit obtain on deputation for a fixed term the services of an officer, from the Government of Himachal Pradesh/Office of the Comptroller and Auditor General of India to work as Finance Officer who fulfills the minimum qualifications prescribed for Finance Officer under Ordinance 27.8.6. Other Officers of the University. - The following shall also be the officers of the University:-
1. Dean of Studies
2. Dean of Students Welfare
2.
3. Dean of College-cum-Director College Development Council
4. Librarian.
7.
7.
8. The Court. - (1) The Court shall consist of-
(i)Chancellor.(ii)Vice-Chancellor(ii-a) Pro-Vice-Chancellor.(iii)Three Deans of Faculties, who are not otherwise members of Executive Council.(iv)Three Chairmen of Departments of studies in the University other than Deans.(v)Two representatives of the teachers of the University other than Deans and Chairman of the Departments. One Professor, One Associate Professor by rotation on the basis of seniority.(vi)Ten Principals of all affiliated Colleges and colleges maintained by the University by rotation on the basis of seniority.(vii)Six representatives of the teachers of affiliated Colleges and Colleges maintained by the University. Three by election and three by rotation according to seniority as under:-A. By Election In Accordance With The System of Proportional Representation By Means of Single Transferable Vote and Through Single Majority Vote.9. Meetings of the Court. - (1) The meeting of the Court shall be held on such date and at such time and place as may be fixed by the Chancellor. The Court shall meet at least once in a year to consider the report of the working of the University during the previous year.
10. Executive Council. - (i) One representative of non-teaching employees shall be appointed in terms of section 21 (1) (xii) by election from amongst themselves by single majority vote through secret ballot in the manner as prescribed under chapter XXX of the First Ordinances of the University as amended from time to time.
11. Powers of the Executive Council. - Subject to the provisions of the Act, these Statutes and the Ordinances, the Executive Council, shall in addition to any other powers vested in it, have the following powers:
12. Academic Council. - (1) The Academic Council shall consist of :-
1. Three from among those teaching subjects assigned to the Languages, Performing & Visual Arts and Social Sciences Faculties;
Provided that two shall be from among those with more than ten years service and one with less than ten years Service.2. Two from among those teaching subjects assigned to the Science Faculty;
Provided that one shall be with more than ten years service and one with less than ten years service.B. By Rotation According To Seniority1. One from among those teaching subjects assigned to the Languages, Performing & Visual Arts and Social Sciences Faculties;
2. One from among those teaching subjects assigned to the Science Faculty.
3. One from among those teaching subjects assigned to the Commerce Faculty.
4. One from among those teaching subjects assigned to the Medical Faculty.
5. One from among those teaching in Colleges of Education.
Note. - 1. For the purpose of giving effect, to these provisions the term teacher' will include all senior Lectures, Assistant Professors or Junior Assistant Professors, by whatever designation they may be called, irrespective of their pay scales, and a joint seniority list there of will be maintained for the purpose.2. The same teacher in any category referred to in sub-clause (ix) will not be a member of the Court and the Academic Council at the same time; and the senior teacher in any of the said categories shall be a member of the Academic Council, while the teacher next in seniority to him shall be a member of the Court.
3. If there is no teacher or a sufficient numbers of teachers in either category or of more than ten years service or of less than ten years service all or the rest shall be taken from the other category.
4. The date from which the length of service will be computed, will be the 22nd July of the year concerned.
5. A teacher with less than ten years service will be allowed to complete his term, even if during his term his service exceeds ten years.
6. For the purpose of election as provided in (ix) (A) above, there will be a common electoral college consisting of all the teachers, teaching subjects assigned to the Faculties of Languages, Performing &Visual Arts and Social Sciences, and Science but there shall be reservation of seat for teachers, teaching subjects assigned to the Faculties of Languages, Performing & Visual Arts and Social Sciences and Science respectively, as provided therein.
(x)Three persons not being employees of the University or a college affiliated to or an institution recognised by the University, to be nominated by the Chancellor.(xi)Three persons not being employees of the University or a College affiliated to or an institution recognised by the University, to be co-opted by Academic Council;Provided that the persons so co-opted shall be of the rank of Professor in a University or an Institute of higher learning or research;Provided further that no two of them shall belong to the same discipline or profess the same subject.(xii)Registrar - Secretary.13. Faculties. - (1) (i) The University shall have such faculties as may be prescribed by these Statutes. All the Departments/ Institute(s)/School(s)/Centre(s) of Studies in the University shall have a Departmental Council which shall consist of all the members of the teaching staff of the department concerned.
The Chairman in Departmental Council shall perform such duties and functions as may be prescribed under the Ordinances.1. Faculty of Arts and Languages.
2. Performing & Visual Arts.
3. Social Sciences
4. Medical Sciences
5. Physical Sciences
6. Education
7. Law
8. Commerce and Management Studies
9. Engineering & Technology
10. Ayurveda
11. Life Sciences
12. Dental Sciences
1. Faculty of Languages
2. Faculty of Performing & Visual Arts:-
1. Department of Performing Arts consisting of three disciplines namely, Music, Dance & Dramatics
2. Department of Visual Arts consisting of three disciplines namely Painting, Commercial Art & Sculpture.
3. Faculty of Social Sciences.
4. Faculty of Physical Sciences.
5. Faculty of Education.
6. Faculty of Law.
7. Faculty of Commerce & Management Studies.
8. Faculty of Life Sciences.
1. Dean of Faculty.
2. All Professors.
3. Two Associate Professors and two Assistant Professors in the Dental Colleges by rotation on the basis of seniority .
4. Dean, Faculty of Medical Sciences.
5. Dean, Faculty of Ayurveda.
6. Three experts to be nominated by the Vice-Chancellor.
14. Finance Committee. - (i) The Finance Committee shall consist of the following :-
2. One Dean of the Faculty to be nominated by the Vice-Chancellor.
3. One Nominee of the Executive Council.
4. One Nominee of the Chancellor.
5. Finance Secretary to the State Government.
6. Secretary (Education) to the State Government.
7. Registrar, H.P. University.
8. Finance Officer-Member Secretary.
15. Boards of Studies. - (1) There shall be Boards of Studies for different subjects or groups of subjects.
15A. Students' Council. - 1 There shall be a Students' Council and it shall consist of :-
(i)The Vice-Chancellor or a teacher nominated by him, who shall be the Chairman of the Council.(ii)The Student President and Secretary of the students Central Association of the University Campus, Shimla.(ii-a) The Students President of the Students Central Association, H.P. University Regional Centre(s).(iii)Deleted.(iv)Deleted.(v)Student Presidents of the Students Central Association of the affiliated colleges and colleges maintained by the University.Note. - The Students Central Associations referred to in (ii) to (v) above shall have a constitution as approved by the Executive Council.(vi)Ten students nominated by the Sports and Co-curricular activities Council of the University constituted by the Ordinances from among those who have distinguished themselves in inter-University or University meets as under:-(a)Five from among those who have distinguished themselves in co-curricular activities such as debate, declamation, music, drama, National Service Scheme, etc.(b)Five from among those who have distinguished themselves in Sports and National Cadet Corps.(vii)One student obtaining the highest percentage of marks in the University examination of Part-II class (3rd and 4th Semesters combined) from each Faculty studying for the Bachelor's degree course from among those who are on rolls of affiliated colleges and colleges maintained by the University in the final year of the Bachelor's degree class:Provided that for this purpose the Languages, Performing & Visual Arts and Social Sciences and Commerce Faculties shall be taken to be one unit;Provided further that for the representation from Medical Faculty the student shall be on rolls in the Final Year Class and percentage to be taken into consideration will be the marks obtained in the Second Professional Examination of this University;Provided, however, in case of Education Faculty, the student shall be from among the students on rolls of the B.Ed class in either an affiliated college or a University Department, and the basis of representation shall be the percentage of marks obtained by him in the Bachelor's degree.(viii)One student on rolls of the final year of the Master's degree courses in each Faculty of the University obtaining the highest percentage of marks in the first year of the Master's degree course.Note. - A student member of the Students' Council belonging to any of the categories from (ii) to (viii), shall continue to be a member of the Students' Council, even after the expiry of the academic year for which he become a member of the Students Council, till such time as his successor is elected /nominated or appointed, as the case may be, from the constituency referred to in the categories (iv) to (vii) above but not beyond the end of the month of September, of the year following the academic year for which he has become such a member is still on rolls of a Department of Studies of the University or of a College or Institution affiliated to or maintained by the University.(ix)Five teachers nominated by the Vice-Chancellor.Provided that two will be from the teachers of the University and three will be from among the teachers of affiliated colleges or colleges maintained by the University.Provided further that one teacher shall be the Dean of Students' Welfare in the University, if there is any.16. Affiliation privileges of the University. - (1) Colleges and other institutions within the limits of Himachal Pradesh may be admitted to such privileges of the University as the Executive Council may decide on the following conditions namely:-
(i)Every college or institution seeking privilege of affiliation or association shall have regularly constituted management, consisting of not more than twenty persons of which the composition shall be as provided in H. P. University Ordinances. The rules pertaining to all matters concerning the working and the management of the college/institution and those relating to the personnel of the management shall conform to the Statutes and the Ordinances of the University as also to the conditions of the Government grants. Such rules and personnel will require the approval of the Executive Council;Provided that the college and institutions admitted to the privileges of the University under Section 7 of the Act shall adopt the rules regarding the constitution of the management within one year of the enforcement of the Act;Provided further that the said condition shall not apply in the case of colleges and institutions maintained by the Government which shall, however, have an Advisory Committee which shall consist of among others, at least three teachers including the Principal of the college or institution, and two representatives of the University.(ii)As a condition of affiliation/association and continuation of affiliation/association, management of every such college or institution shall satisfy the Executive Council in the following points, mainly :-(a)that the college or institution is established on a permanent and sound footing;(b)that it has the requisite land and buildings or funds necessary to acquire or construct the same;(c)adequacy of equipment for teaching;(d)adequacy of teaching staff, its qualifications and conditions of service;(e)adequacy of arrangements for the residences, welfare, discipline and supervision of students;(f)that an adequate financial provision is available for its efficient maintenance and functioning in the form of an endowment or a promise of grant-in-aid from the State Government or both; and(g)such other matters as are essential for the maintenance of the standards of University education.(iii)No college or institution shall be admitted to any privileges of the University except on the recommendations of a Committee of Inspection as may be provided in the Ordinances.(iv)Organizations/colleges and institutions desirous of admission to any privileges of the University shall be required to intimate their intention to do so in writing so as to reach the Registrar not later than the date, as may be provided in the Ordinances.(v)A college may not, without the permission of the Executive Council, suspend instruction in any subject or course of study which it is authorised to teach and teaches.(vi)The University will consider the request of any private college/Institution only after the concurrence of Government is received and attached with the application for grant of affiliation/ association.17. Selection Committees. - (1) There shall be selection Committee for making recommendations to the Executive Council for appointment to the posts or Professors, Associate Professors, Assistant Professors, Registrar, Controller of Examinations, Finance Officer, Librarian, Principal HPU Evening College, Dean of Colleges-cum-Director College Development Council, Director of Correspondence Courses, Director, Assistant Director, Project Officer in the Department of Adult and Continuing Education, Director for the University College of Business Studies and Director, Physical Education & Youth Programme.
| Name of post | Membership of the Selection Committee | |
| 1 | 2 | |
| Professor, | (i) Two experts nominated by the Chancellor. | |
| Associate,Professor | (ii) (a) The Chairman of the Departmentconcerned if he is a Professor. | |
| Assistant Professor | (b) For Assistant Professor post, the Chairmanof the Department concerned, if he is not below the rank of aAssociate Professor | |
| (iii) One person not in the employment of theUniversity, nominated by the Vice-Chancellor for his specialknowledge of or interest in the subject concerned. | ||
| (iv) For the post of teachers in theDirectorate of Correspondence Courses and the University EveningCollege, the Director and the Principal respectively shall alsobe associated as members of the election Committee. | ||
| Registrar, Controller of Examinations | (i) One person nominated by the, Chancellor | |
| Finance Officer. | (ii) Three members of the Executive Councilnominated by it. | |
| Librarian: | (i) One persons nominated by the Chancellor. | |
| (ii) Three person not connected with theUniversity, who have special knowledge of the subject of LibraryScience, to be nominated by Executive Council. | ||
| Principal, H.P University | (i) Two person nominated by the Chancellor. | |
| Evening College | (ii) One member of the Executive Councilnominated by it. | |
| (iii) One person not in the employment of theUniversity to be nominated by the Vice-Chancellor. | ||
| Dean of College -cum -Director, | (i) Vice-Chancellor. | |
| College Development Council. | (ii) A nominee of the UGC. | |
| (iii) One nominee of the Executive Council. | ||
| Director, Correspondence courses.- | Same as for the post of Professor. | |
| Director, Assistant Director and ProjectOfficer in the centre for Adult Continuing Education. | Same as for the post of Professor, AssociateProfessor and Assistant Professor respectively. | |
| Director, H.P University Regional Centre. | (i) Two persons nominated by the Chancellor | |
| (ii) One member of the Executive Councilnominated by it. | ||
| (iii) One person not in the employment of theUniversity to be nominated by the Vice-Chancellor. | ||
| Director for the University College ofBusiness Studies. | Same as for the post of professor. | |
| Director, Physical Education & YouthProgramme. | Same as for the post of Professor. |