The Chitkara University Act, 2010

(1) This Act may be called the Chitkara University Act, 2010. (2) It shall come into force at once.

In this Act, unless the context otherwise requires,— (a) “Academic Council” means the Academic Council of the University; (b) “authorities” means the authorities of the University; (c) “Board of Management” means the Board of Management of the University; (d) “campus” means a contiguous area within which the University is situated; (e) “Board of Studies” means a body, to be constituted by the Governing Body; (f) “Chairman” means the Chairman of the Trust; (g) “Chancellor” means the Chancellor of the University; (h) “Chief Finance and Accounts Officer” means the Chief Finance and Accounts Officer; (i) “Dean” means a Dean of the University; (j) “Governing Body” means the Governing Body of the University; (k) “institution” means any institution or institute or college or academic centre (by whatever name it may be called), situated within the campus and run or managed by the University; (l) “prescribed” means prescribed by Statutes, Ordinances and Regulations; (m) “Registrar” means the Registrar of the University; (n) “State Government” means the Government of the State of Punjab; (o) “Statutes”, “Ordinances” and “Regulations” mean the Statutes, Ordinances and Regulations of the University, made by it under this Act; (p) “teacher” includes Professor, Reader, Associate Professor, Assistant Professor, Lecturer and any other person, imparting instruction on full time or part time basis in the University or in any of its institutions; (q) “Trust” means the Chitkara Educational Trust; (r) “University” means the Chitkara University, established under section 3 of this Act; (s) “Vice-Chancellor” means the Vice-Chancellor of the University; and (t) “Visitor” means the Visitor of the University.

(1) There shall be established a private University by the name of the Chitkara University in the State of Punjab. (2) The University shall be run and managed by the Trust in accordance with the provisions of this Act. (3) The University shall be a body corporate by the name, mentioned in sub-section (1), and shall have perpetual succession and a common seal. It shall have the power to acquire, hold, dispose of property both moveable and immoveable and to make contract, and shall sue, and be sued by the said name. (4) The headquarters of the University shall be located at Village Jhansla, Tehsil Rajpura, District Patiala. (5) The University shall be self-financed and it shall not be entitled to receive any grant or other financial assistance from the State Government.

The objects of the University shall be,— (i) to provide instruction, teaching and training in higher education and to make provisions for research, advancement and dissemination of knowledge; (ii) to create higher levels of intellectual abilities; (iii) to establish state of the art facilities for education and training; (iv) to carry out teaching and research and offer continuing education programmes; (v) to create centers of excellence for research and development and for sharing knowledge and its application; (vi) to establish campus and to make provisions for all the facilities necessary for the study and stay of the students; (vii) to do all such acts and things as may be necessary or desirable to further the objects of the University.

The University shall have the following powers and functions, to be exercised and performed by or through its officers and authorities, namely :— (i) to make provisions for instruction, teaching and research, relating to the courses through traditional as well as new innovative modes including online education modes; (ii) to conduct and hold examinations, grant or confer degrees, diplomas, certificates, awards, grades, credits, academic distinctions as well as other distinctions and certificates; (iii) to institute and confer the designation of Professor, Associate Professor, Assistant Professor, Reader, Lecturer or any other equivalent designation, as may be required by the University or its institutions and to appoint persons as such; (iv) to institute and award fellowships, scholarships, studentships, as may be prescribed; (v) to provide for equivalence of the degrees, diplomas and certificates of the students completing their courses partially or in full, from any other recognized University, Board or Council or any other competent authority; (vi) to provide for dual degree, diploma or certificate vis-a-vis other Universities on reciprocal basis; (vii) to set-up central library, departmental libraries, museums and allied matters; (viii) to demand such fees and other charges, as may be prescribed; (ix) to hold, manage and run fund of the Trust and endowments, which may be created in favour of the University; (x) to institute and confer honorary degrees as may be prescribed; (xi) to print and publish works of academic excellence; (xii) to take special measures for the spread of educational facilities amongst the educationally backward strata of the society; (xiii) to encourage and promote sports and martial arts; (xiv) to create technical, administrative, ministerial and other necessary posts and to make appointments thereto; (xv) to receive grants from the University Grants Commission and other Central or State agencies or any other person; (xvi) to receive and accept gifts, donations and to raise loans and advances; (xvii) to undertake research projects on mutually acceptable terms and conditions in respect of agriculture, industry and business; (xviii) to provide consultancy services; (xix) to encourage and promote extra-curricular activities for personality development of the teachers, students and employees of the University; (xx) to mortgage or hypothecate the movable or immovable property belonging to or vested in the University; (xxi) to prescribe the fee structure for various categories of students; (xxii) to seek collaboration with other institutions on mutually acceptable terms and conditions; (xxiii) to fix, determine and provide salaries, remunerations, honoraria to teachers and employees of the University in accordance with the norms, specified by the University Grants Commission; (xxiv) to enjoy self-certification, which shall be exempted from obtaining any permission, approval, license, certificate, no objection certificate, authorization, or any other document from the State Government or any other body, set-up by the State Government or under any State Act or Central Act in so far as its applicable to the State; (xxv) to enact Statutes, Ordinances and Regulations for carrying out the objects of the University; and (xxvi) to do all such other acts, which may be necessary or desirable to further the objects of the University.

The following shall be the officers of the University, namely :— (i) the Visitor; (ii) the Chancellor; (iii) the Vice-Chancellor; (iv) the Registrar; (v) the Chief Finance and Accounts Officer; and (vi) such other officers of the University, as may be declared by it by Statutes to be the officers of the University.

(1) The Governor of Punjab shall be Visitor of the University. (2) The Visitor shall preside over the convocation of the University for conferring degrees and diplomas. The Visitor shall have the right to call for any information relating to the affairs of the University. (3) The Visitor, in consultation with the Chancellor, may cause the inspection, scrutiny, investigation, survey or inquiry or any other such like thing, to be made by such person, as he may direct in respect of administrative, academic or executive matters of the University. (4) The Visitor shall, in every case, give notice to the University of his intention to cause the inspection, scrutiny, investigation, survey or inquiry or any other such like thing, to be made, and the University shall appoint a representative, who shall be present at such inspection, scrutiny, investigation, survey or inquiry or any other such like thing, as the case may be. (5) The Visitor may inform the Vice-Chancellor about the results of such inspection, scrutiny, investigation, survey or inquiry, and the Vice-Chancellor shall communicate to the Governing Body the views of the Visitor along with such advice, as the Visitor may have tendered and the action to be taken on such advice. (6) The Vice-Chancellor shall inform the Visitor about the action taken or proposed to be taken by the University with respect to the inspection, scrutiny, investigation, survey, inquiry or any other such like thing, as the case may be. (7) If the State Government considers it appropriate in public interest to make inspection, scrutiny, investigation, survey or inquiry or any such like thing, as the case may be, in respect of any matter relating to the University or its institutions, a reference shall be made by the State Government to the Visitor, who will in consultation with the Chancellor, cause the intended inspection, scrutiny, investigation, survey or such like thing, to be made.

(1) The Chairman shall be the Chancellor of the University and in the absence of the Visitor, the Chancellor shall preside over the convocation of the University. (2) The Chancellor shall be the Chairman of the Governing Body and shall appoint the officers and employees, and look after the appointments and reinstatements of the employees and officers of the University either suo moto or on the recommendation of the concerned authority of the University. (3) The Chancellor may alter or revoke any decision taken by any authority or officer of the University and may exercise his powers either suo moto or otherwise to do all necessary things to facilitate the smooth functioning of the University. (4) The Chancellor shall have the power to do all such other acts, as may be required to further the objects of the University and any matter incidental thereto; and the decisions taken by the Chancellor shall be final and binding on all concerned of the University. (5) If in the opinion of the Chancellor, it is necessary to take immediate action on any matter for which powers are conferred on any other officer or authority of the University by or under this Act, he may take such action, as he deems necessary and shall, thereafter, at the earliest possible, report his action to such officer or authority, who would have in the ordinary course dealt with the matter. (6) If in the opinion of the Chancellor any decision of any officer or authority of the University is beyond the powers conferred under this Act or Statutes, Ordinances or Regulations made thereunder or is likely to be prejudicial to the interest of the University, he shall ask such officer or authority to revise the decision within a period of fifteen days from the date of decision, and in case the officer or authority refuses to revise such decision, wholly or partly or fails to take any decision within a period of fifteen days, the decision of the Chancellor thereon shall be final. (7) If, at any time, upon the representation made or otherwise, it appears to the Chancellor that the Vice-Chancellor or any other officer of the University: (a) has made default in performing any duty cast upon him under this Act or otherwise; (b) has acted in a manner prejudicial to the interest of the University; or (c) is incapable of managing the affairs of the University, the Chancellor may, notwithstanding the fact that the term of that officer has not expired, by an order in writing and stating the reasons therein, require the officer to relinquish his office from such date, as may be specified in the order. The concerned officer shall be deemed to have relinquished the office from the specified date: Provided that no such order shall be passed, unless the grounds on which such action is proposed to be taken are communicated to that officer and he is given reasonable opportunity of being heard.

(1) The Vice-Chancellor shall be appointed by the Chancellor from amongst the panel of five persons, recommended by the Governing Body and shall, subject to the provisions of this Act, hold office for a term of three years: Provided that the Vice-Chancellor shall continue to hold office even after the expiry of his term, till new Vice-Chancellor joins. But, in any case, this period shall not exceed one year. (2) No person shall be appointed as Vice-Chancellor, unless he possesses such qualifications, as may be prescribed by the University Grants Commission or its equivalent body, created or constituted by the Central Government. (3) The Vice-Chancellor shall be the principal executive and academic officer of the University, and shall exercise general superintendence and control over the affairs of the University and shall execute the decisions of various authorities of the University. (4) In case of absence of the Visitor and the Chancellor, the Vice-Chancellor shall preside at the convocation of the University. (5) The Vice-Chancellor shall exercise such powers and perform such duties, as may be prescribed.

(1) The Registrar shall be appointed by the Chancellor from a panel of three names, recommended by the Governing Body in such manner, as may be prescribed. (2) No person shall be appointed as Registrar, unless he possesses such qualifications, as may be prescribed by the University Grants Commission or its equivalent body, created or constituted by the Central Government. (3) All contracts shall be signed, and all documents and records shall be authenticated by the Registrar on behalf of the University. (4) The Registrar shall be the Member-Secretary of the Governing Body, Board of Management and Academic Council, but he shall not have the right to vote. (5) The Registrar shall exercise such other powers and perform such other duties, as may be prescribed.

(1) The Chief Finance and Accounts Officer shall be appointed by the Chancellor in such manner, as may be prescribed. (2) No person shall be qualified to be appointed as Chief Finance and Accounts Officer, unless he is a Chartered Accountant. (3) The Chief Finance and Accounts Officer shall exercise such powers and perform such duties, as may be prescribed.

(1) The University may appoint such other officers, as it may deem necessary for its functioning. (2) The manner of appointment and powers and functions of such other officers of the University shall be such, as may be provided by the Statutes.

The following shall be the authorities of the University, 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 the University.

(1) The Governing Body of the University shall consist of the following persons, namely:— (a) the Chancellor; Chairperson (b) the Vice-Chancellor; Member (c) the Registrar of the University; Member-Secretary (d) one person, to be nominated by the Trust; Member (e) two persons, to be nominated by the Trust; Members (f) the Secretary to Government of Punjab, Department of Higher Education or his representative, not below the rank of Joint Secretary; and Member (g) one eminent educationist, to be nominated by the Secretary to Government of Punjab, Department of Higher Education in consultation with the Chancellor. Member (2) The Governing Body shall be the supreme body of the University. It shall exercise the following powers, namely:— (a) to provide general superintendence and to give directions for controlling the functioning of the University in accordance with the Statutes, Ordinances and Regulations; (b) to review the decisions of other authorities of the University in case, these are not in conformity with the provisions of the Statutes, Ordinances and Regulations; (c) to approve the budget and annual report of the University; (d) to lay down the extensive policies, to be followed by the University; (e) to recommend to the Trust, the liquidation of the University, if such situation arises when smooth functioning of the University does not remain possible, inspite of all efforts; and (f) to exercise such other powers, as may be prescribed by the Statutes. (3) The Governing Body shall meet at least twice in a calendar year. (4) The quorum for meeting of the Governing Body shall be five.

(1) The Board of Management shall consist of the following members, namely:— (a) the Vice-Chancellor; Chairperson (b) the Registrar of the University; Member (c) two members of the Trust, to be nominated by the Trust; Members (d) the Director of the concerned Directorate relating to education as representative of the State Government; Member (e) two persons, from amongst the Professors, to be nominated by the Trust; and Members (f) two teachers, to be nominated by the Trust. Members (2) The Board of Management shall be the executive body of the University. The powers and functions of the Board of Management shall be such, as may be prescribed. (3) The Board of Management shall meet at least twice in a calendar year. (4) The quorum for meeting of the Board of Management shall be five.

(1) The Academic Council shall consist of the following members, namely:— (a) the Vice-Chancellor; Chairperson (b) one eminent academician, to be nominated by the State Government as its representative; Member (c) such other members, as may be prescribed. Members (2) The Academic Council shall be the principal academic body of the University and shall subject to the provisions of this Act, Statutes, Ordinances and Regulations, coordinate and exercise general supervision over the academic policies of the University. (3) The quorum for meeting of the Academic Council shall be such, as may be prescribed.

The composition, constitution, powers and functions of authorities, declared under clause (iv) of Section 13, shall be such, as may be prescribed.

A person shall be disqualified for being a member of any of the authority or body of the University, if, he— (a) is of unsound mind and stands so declared by a competent court; (b) is an undischarged insolvent; (c) has been convicted of any offence involving moral turpitude; or (d) has been punished for indulging in or promoting unfair practice in the conduct of any examination in any form, anywhere.

No act or proceedings taken under this Act by any authority or other body of the University shall be invalid merely on the ground,— (a) of any vacancy or defect in the constitution of the authority or body; or (b) of any defect or irregularity in election, nomination or appointment of a person acting as member thereof; or (c) of any defect or irregularity in such act or proceeding, not affecting the merits of the case.

Any vacancy, occurred in any authority or body of the University, due to death, resignation or removal of a member or due to change of capacity in which he was appointed or nominated shall be filled up as early as possible by the authority or body, which had appointed or nominated such a member: Provided that the person appointed or nominated as a member of any authority or body of the University on an emergent vacancy, shall remain member of such authority or body only for the remaining tenure of the member, in whose place he is appointed or nominated, as the case may be.

The authorities or officers of the University, may constitute such committees, as may be necessary for performing specific tasks by such committees. The constitution of such committees and their duties shall be such, as may be prescribed.

(1) The Governing Body may, from time to time, make Statutes or may amend or repeal the same. (2) Every Statute or any amendment therein or repeal thereof, shall require the approval of the Chancellor. (3) Subject to the provisions of this Act, the Statutes may provide for the following matters, namely :— (a) the constitution, powers and functions of the authorities and such other bodies of the University, as may be declared from time to time; (b) the terms and conditions of appointment of the Vice-Chancellor and his powers and functions; (c) the manner and terms and conditions of appointment of the Registrar and the Chief Finance and Accounts Officer and their powers and functions; (d) the manner, terms and conditions of appointment of other officers and teachers and their powers and functions; (e) the terms and conditions of service of employees of the University; (f) the procedure for arbitration in case of dispute between the University, officers, teachers, employees and students; (g) the conferment of honorary degrees; (h) the exemption of students from payment of tuition fee and for awarding them scholarships and fellowships; (i) the policy of admissions including regulation of reservation of seats; (j) the fees to be charged from students; (k) the number of seats in different courses; and (l) all other matters, for which Statutes are required to be made under this Act. (4) After the approval of the Chancellor, the Statutes of the University shall be submitted to the State Government for its approval. (5) The State Government shall consider the Statutes, submitted by the University, and shall give its approval thereon with such modifications, if any, as it may deem necessary and return the modified Statutes to the University, if so modified. (6) The University shall, with the approval of the Governing Body, communicate its agreement to the modified Statutes as approved by the State Government, and if it desires not to give effect to any or all of the modifications made by the State Government, it may give reasons therefor. (7) After the Statutes are finally approved by the State Government, these shall be published in the Official Gazette of the University. (8) The Statutes so made, shall not be amended without the approval of the State Government within five years from the date of their publication in the Official Gazette of the University.

(1) The Governing Body may, from time to time make Ordinances or may amend or repeal the same. (2) Every Ordinance or any amendment therein or repeal thereof, shall require the approval of the Chancellor. (3) Subject to the provisions of this Act, the Ordinances may provide for 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 of the University; (c) the degrees, diplomas, certificates and other academic distinctions; (d) the conditions for award of fellowships, scholarships, stipends, medals and prizes; (e) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators; (f) fees, to be charged for the various courses, examinations, degrees and diplomas of the University; (g) the conditions of residence of the students of the University; (h) the creation, composition and functions of any other body which is considered necessary for improving the academic standard of the University; (i) the setting up of machinery for co-operation and collaboration with other universities and institutions of higher education; and (j) all other matters, which by this Act or Statutes are required to be provided by the Ordinances. (5) The State Government shall consider the Ordinances submitted by the University, and shall give its approval thereon with such modifications, if any, as it may deem necessary and forward the modified Ordinances to the University, if so modified. (6) The University shall with the approval of the Governing Body, communicate its agreement to the modified Ordinances as approved by the State Government, and if it desires not to give effect to any or all of the modifications made by the State Government, it may give reasons therefor. (7) After the Ordinances are finally approved by the State Government, these shall be published in the Official Gazette of the University. (8) The Ordinances, so made, shall not be amended without the approval of the State Government within a period of five years from the date of their publication in the Official Gazette of the University.

(1) The Governing Body may, from time to time, make Regulations or may amend or repeal the same. (2) Every Regulation or amendment or repeal thereof, shall require the approval of the Chancellor. (3) After the approval of the Chancellor the State Government shall consider the Regulations submitted by the University, and shall give its approval thereon with such modifications, if any, as it may deem necessary and forward the modified Regulations to the University if so modified. (4) The University shall, with the approval of the Governing Body, communicate its agreement to the modified Regulations as approved by the State Government, and, if it desires not to give effect to any or all of the modifications made by the State Government, it may give reasons therefor. (5) After the Regulations are finally approved by the State Government, these shall be published in the Official Gazette of the University. (6) The Regulations so made, shall not be amended without the approval of the State Government within a period of five years from the date of their publication in the Official Gazette of the University, however, thereafter these may be amended by the University at its own level as prescribed under this Act.

(1) The University shall be prohibited from conferring any degrees, not recognized by the University Grants Commission or its equivalent body, constituted by the Central Government. (2) It shall be mandatory for the University to follow the University Grants Commission (Establishment and Maintenance of Standards in Private Universities) Regulations, 2003 or any other regulations, made for Private Universities by the University Grants Commission or other Regulatory Bodies. (3) Notwithstanding anything contained in this Act, the University shall be bound to comply with all the Regulations and norms of the Regulating Bodies and provide all such facilities and assistance to such bodies, as are required by them to discharge their duties and carry out their functions.

(1) The University shall have General Fund to which shall be credited,— (a) fees and other charges received by the University; (b) any income received from consultancy and other work undertaken by the University; (c) bequests, donations, endowments and any other grants; and (d) funds and grants received from any source by the University for research projects from any Government and non-Government agencies. (2) The General Funds shall be utilized for the following purposes: (a) for the payment of debts including interest thereto incurred by the University; (b) for the upkeep of the assets of the University; (c) for the payment of the cost of audit of the funds of the University; (d) for meeting the expenses of any suit or proceedings to which the University is a party; (e) for the payment of salaries, allowances and benefits to the members of the officers, teachers and employees of the University, and, for the payment of any benefits to any such officers and employees; (f) for the payment of travelling and other allowances of the members of the authorities of the University and of the members of any committee or board; (g) for the payment of fellowships, freeships, scholarships, stipends, medals and prizes to students belonging to the society or research associates or trainees, as the case may be, or to any student otherwise eligible for such awards; (h) for the payment of any expenses incurred by the University in carrying out the provisions of this Act; (i) for the payment of cost of capital, professional services and any other likewise activities for the purpose of the University as deemed by the Trust for setting up and running the University and the investments made therefor; (j) for the payment of charges and expenditure relating to the consultancy work undertaken by the University; and (k) for the payment of any expenditure, salaries, taxes, liabilities etc. by the Trust for or on behalf of the University. (3) The University shall devise accounting system to handle the administration of finance and accounts in a simple and efficient manner so that unnecessary procedural complications can be avoided. (2) The General Funds shall be utilized for the following purposes:- (a) for the repayment of debts including interest accrued thereto incurred by the University for its establishment and development; (b) for the upkeep and maintenance of the assets of the University; (c) for the payment of the cost of audit of the funds of the University; (d) for meeting the expenses of any suit or legal proceedings; (e) for the payment of salaries, allowances, provident fund, gratuity, death-cum-retirement benefits or other benefits to any such officers and employees; (f) for the payment of travelling and other allowances of the members of the authorities of the University and of the members of any committee or board; (g) for the payment of fellowships, freeships, scholarships, stipends and other assistance to students belonging to any society or research associates or trainees, as the case may be, or to any student otherwise eligible for such awards; (h) for the payment of any expenses incurred by the University on all its academic and likewise activities for the purpose of the University; (i) for the payment of cost of capital, not exceeding the Prime Lending Rate of the Bank, incurred by the Trust for setting up and running the University and the investments made therefor; (j) for the payment of charges and expenditure relating to the consultancy work undertaken by the University; and (k) for the payment of any expenditure, salaries, taxes, liabilities etc. by the Trust for or on behalf of the University. (3) The University shall devise accounting system to handle the administration of finance and accounts in a simple and efficient manner so that unnecessary procedural complications can be avoided.

The University may have such other funds also, as may be prescribed.

The accounts of the income and expenditure of the University shall be audited by the Chartered Accountants of the University and shall be submitted once in a year by the Chief Finance and Accounts Officer to the Governing Body for its approval.

At the beginning of each academic session and in any case, not later than the 30th day of August of every calendar year, the University shall prepare and publish a semester wise or annual, as the case may be, a tentative Schedule of Examinations including various academic activities, to be conduct at the University. Explanation - “Schedule of Examinations” means a table giving details about the time, day and date of the commencement of each paper which is a part of a scheme of examinations, and shall also include the details of practical examinations.

(1) The University shall strive to declare the results of examinations conducted by it within a period of forty-five days from the last date of the examination of particular course, and shall, in no case, later than sixty days from such date. (2) No examination or the result of an examination shall be held invalid only for the reason that the University has not followed the Schedule of Examination.

The convocation of the University shall be held in every academic year in such manner, as may be prescribed for conferring degrees, diplomas, certificates or any other academic distinction or for any other purpose.

If any question arises with respect to the appointment or entitlement of any person, to be a member of any authority or other body of the University, the same shall be referred to the Chancellor, whose decision thereon shall be final and binding.

If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may, in consultation with the Chancellor, by an order published in the Official Gazette, make such provision, not inconsistent with the provisions of this Act, as it may deem necessary for removing the difficulty.

No suit or other legal proceedings shall lie against any officer or employee of the University for anything, which is done in good faith or intended to be done in pursuance of the provisions of this Act, the Statutes, Ordinances or Regulations.

Notwithstanding anything contained in this Act, the Statutes, Ordinances and Regulations, the Trust may subject to the availability of the funds, discharge all or any the functions of the University for the purpose of carrying out all such duties which by this Act, the Statutes, the Ordinances and the Regulations, are to be exercised or performed by any authority or officer of the University, until such authority comes into existence or officer is appointed.