The Eternal University (Establishment and Regulation) Act, 2008

(1) This Act may be called the Eternal University (Establishment and Regulation) Act, 2008. (2) It shall be deemed to have come into force on 29th day of April, 2008.

In this Act, unless the context otherwise requires,— (a) “Board of Management” means the Board of Management constituted under section 19 of this Act; (b) “campus” means the area of University within which it is established; (c) “distance education” means education imparted by combination of any two or more means of communication, viz. broadcasting, telecasting, correspondence courses, seminars, contact programmes and any other such methodology; (d) “employee” means any person appointed by the University and includes teachers and other staff of the University; (e) “fee” means monetary collection made by the University or its colleges, institutions or study centers, as the case may be, from the students by whatever name it may be called, which is not refundable; (f) “Government” or “State Government” means the Government of Himachal Pradesh; (g) “Governing Body” means the Governing Body constituted under section 18 of this Act; (h) “higher education” means study of a curriculum or course for the pursuit of knowledge beyond 10+2 level; (i) “hostel” means a place of residence for the students of the University, or its colleges, institutions and study centres, established or recognized to be as such by the University; (j) “notification” means a notification published in the Official Gazette; (k) “off campus centre” means a centre of the University established by it outside the main campus operated and maintained as its constituent unit, having the University’s complement of facilities, faculty and staff; (l) “Official Gazette” means the Rajpatra, Himachal Pradesh; (m) “prescribed” means prescribed by rules made under this Act; (n) “regulating body” means a body established by the Central Government for laying down norms and conditions for ensuring academic standards of higher education, such as University Grants Commission, All India Council of Technical Education, National Council of Teacher Education, Medical Council of India, Pharmaceutical Council of India, National Council of Assessment and Accreditation, Indian Council of Agriculture Research, Distance Education Council, Council of Scientific and Indian Research etc. and includes the Government; (o) “section” means a section of this Act; (p) “sponsoring body” means the Kalgidhar Trust, Baru Sahib, District Sirmour, Himachal Pradesh, registered under the Indian Trust Act, 1882; (q) “State” means State of Himachal Pradesh; (r) “statutes”, “ordinances” and “regulations” mean respectively, the statutes, ordinances and regulations of the University made under this Act; (s) “student” means a person enrolled in the University for taking a course of study for a degree, diploma or other academic distinction instituted by the University, including a research degree; (t) “study centre” means a centre established and maintained or recognized by the University for the purpose of advising, counseling or for rendering any other assistance required by the students in the context of distance education; (u) “teacher” means a Professor, Reader, Lecturer or any other person required to impart education or to guide research or to render guidance in any form to the students for pursuing a course of study of the University; and (v) “University” means Eternal University, Himachal Pradesh, Baru Sahib.

The objects of the University shall be as follows:— (a) to provide for instruction, teaching and training in higher education with a view to create higher levels of intellectual abilities; (b) to establish facilities for education and training; (c) to carry out teaching and research and offer continuing education programmes; (d) to create centres of excellence for research and development for sharing knowledge and its application to meet the needs of the State; (e) to establish a campus in the State; (f) to establish examination centres; (g) to institute degrees, diplomas, certificates and other academic distinctions on the basis of examination or any other such methodology; while doing so, the University shall ensure that the standard of degrees, diplomas, certificates and other academic distinctions is not lower than that laid down by the Regulatory Bodies; and (h) to set up off-campus centres subject to the prevailing rules or regulations.

(1) The first Chancellor and the first Vice-Chancellor of the University and the first members of the Governing body, Board of Management and the Academic Council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of Eternal University Himachal Pradesh, Baru Sahib. (2)The University shall have perpetual succession and a common seal and shall sue and be sued by the said name. (3) The University shall situate and have its headquarter at Baru Sahib, District Sirmour, Himachal Pradesh.

The University shall have the following powers and functions, viz:- (i) to provide for instructions, including the method of Distance Education, in such branches of learning as the University may determine from time to time and to make provisions for research and for the advancement and dissemination of knowledge and for extension education; (ii) to use modern methods and technologies for making learning process more attractive and effective in the field of technical education and to maintain international standards of such education, training and research; (iii) to provide and undertake extra-mural studies and extension services; (iv) to conduct examinations and to grant diplomas and certificates and to confer degrees and other academic distinctions on persons, subject to the recognition by the statutory body, if required under any law, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause; (v) to confer honorary degrees or other academic distinctions; (vi) to create such teaching, administrative and other posts as the University may deem necessary from time to time and make appointments thereto; (vii) to institute and award fellowships, scholarships and prizes; (viii) to establish and maintain hostels including halls; to recognize, supervise, control and regulate residence for students and other accommodation for the staff of the University and to withdraw any such recognition; (ix) to regulate and enforce discipline among the students and employees of the University and to take such disciplinary measures as may be deemed necessary; (x) to make arrangements for promoting health and general welfare of the students and employees of the University and its colleges; (xi) to determine the norms for admission for the University or its colleges; (xii) to recognize any institution or its members or students for any purpose either in whole or in part on such terms and conditions as may be prescribed from time to time and to withdraw such recognition; (xiii) to develop and maintain dual mode system for higher education, training and research including Distance Education with Centres of Excellence in developed countries for modern high technology; (xiv) to cooperate with any other university, authority or association or any public body for such purposes as may be agreed upon, on such terms and conditions as may be specified by the University from time to time, as are consistent with the promotion of the objects of the University; (xv) to cooperate with other national and international institutions in the conduct of research and higher education subject to the University Grants Commission Act, 1956 and regulations made thereunder; (xvi) to deal with the property belonging to or vested in the University in any manner which is considered necessary for promoting the objects of the University; (xvii) to incorporate any institution into the University and to take over its rights, properties and liabilities and to enter into any agreement for any other purpose not contrary to this Act; (xviii) to demand and receive payment of such fees and other charges as may be specified from time to time; (xix) to receive gifts and grants for the purposes and objects of the University and to acquire, hold, manage and dispose of any property movable or immovable, including trust or endowed property within or outside Himachal Pradesh and to invest the funds in such manner as the University may deem fit; (xx) to make such arrangements as the University may deem fit for providing research and consultancy services and for that purpose to enter into such arrangements with other institutions or bodies; (xxi) to provide for the printing, reproduction and publication of research and other work including books which may be issued by the University; (xxii) to recognize institutions and examinations for admission to the University; (xxiii) to do all such acts as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University; (xxiv) to make Statutes, Ordinances and Regulations for the fulfillment of the objects of the University in accordance with the provisions of the Act; (xxv) to make provisions for dual degrees, diplomas or certificates, in collaboration with other universities on a reciprocal basis within and outside the country; (xxvi) to make provision for integrated courses for various subjects, disciplines in the University's academic programmes; (xxvii) to establish college, institutions, off-campus centres, off-shore centres and study centres as per the instructions of the State Government, Central Government and University Grants Commission from time to time; (xxviii) to collaborate with other institutions on mutually acceptable terms and conditions; 2. In the pursuit of its objects and in the exercise of its powers and in the discharge of its functions, the University shall not discriminate against any person for any reason whatsoever, including on the basis of caste, class, colour, creed, sex, religion or origin.

The University shall be self-financed and shall not be entitled to receive any grant or other financial assistance from the State Government.

The University shall have no power to affiliate or otherwise bring any other institution under its privileges.

(1) The sponsoring body shall establish an Endowment Fund for the University with an amount of three crores rupees which shall be pledged to the Government. (2) The Endowment Fund shall be kept as security deposit to ensure strict compliance of the provisions of this Act, rules, regulations, statutes or ordinances made thereunder. (3) The Government shall have the powers to forfeit, in the prescribed manner, a part or whole of the Endowment Fund in case the University or the sponsoring body contravenes any of the provisions of this Act, rules, statutes, ordinances or regulations made thereunder. (4) Income from Endowment Fund shall be utilised for the development of infrastructure of the University but shall not be utilised to meet out the recurring expenditure of the University. (5) The amount of Endowment Fund shall be kept invested, until the dissolution of the University, by way of Fixed Deposit Accounts in any Scheduled Bank subject to the condition that this Fund shall not be withdrawn without the permission of the Government.

The University shall establish a fund, which shall be called the General Fund to which the following shall be credited, viz:- (a) fees and other charges received by the University; (b) any contribution made by the Sponsoring Body; (c) any income received from consultancy and other work undertaken by the University; (d) bequests, donations, endowments and any other grants; and (e) all other sums received by the University.

The General Fund shall be utilized for the following purposes, namely:— (a) for the payment of salaries and allowances of the employees of the University and members of the teaching and research staff, and for payment of any Provident Fund contributions, gratuity and other benefits to such officers and employees; (b) for the expenses to be incurred by the University for services availed including services like electricity, telephone etc.; (c) for the payment of taxes or local levies wherever applicable; (d) for up keeping of the assets of the University; (e) for the payment of debts including interest charges thereto incurred by the University; (f) for the payment of travelling and other allowances to the members of the Governing Body, the Board of Management, the Academic Council etc.; (g) for the payment of fellowships, freeships, scholarships, assistantships and other awards to students belonging to economically weaker sections of the society or research associates or trainees, as the case may be, or to any student otherwise eligible for such awards under the statutes, ordinances, regulations or rules made under this Act; (h) for the payment of the cost of audit of the funds created under sections 8 and 9 of this Act; (i) for the meeting of expenses of any suit or proceedings to which University is a party; (j) for the purpose of movable and immovable assets; (k) for the payment of any expenses incurred by the University in carrying out the provisions of this Act or the statutes, ordinances, regulations or rules made thereunder; and (l) for the payment of any other expenses as approved by the Board of Management to be an expense for the purposes 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 for the year, as may be fixed by the Board of Management, without its prior approval: Provided further that the General Fund shall, for the purpose specified under sub-clause (e), be applied with the prior approval of the Governing Body.

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

(1) The Chancellor shall be appointed by the Sponsoring Body with the approval of the State Government for a period of three years in such manner and on such terms and conditions as may be specified by the Statutes. (2) The Chancellor shall be the head of the University. (3) The Chancellor shall preside over the meetings of the Governing Body and at any convocation of the University for conferring degrees, diplomas or other academic distinctions. (4) The Chancellor shall have the following powers, viz:- (a) to call for any information or record; (b) to appoint the Vice-Chancellor; (c) to remove the Vice-Chancellor in accordance with the provisions of sub-section (7) of section 13 of this Act; and (d) such other powers as may be specified by the Statutes.

(1) The appointment of the Vice-Chancellor shall be made by the Chancellor from a panel of three persons recommended by the Governing Body on such terms and conditions as may be specified by the Statutes and he shall hold office for a period of three years subject to the provisions contained in sub-section (7): Provided that after the expiry of the period of three years, he shall be eligible for re-appointment for another period of three years: Provided further that the Vice-Chancellor shall continue to hold office even after the expiry of his term till the new Vice-Chancellor takes charge; however, this period shall not exceed one year in any case. (2) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall have general superintendence and control over the affairs of the University and shall execute the decisions of various authorities of the University. (3) The Vice-Chancellor shall preside at the convocation of the University in the absence of the Chancellor. (4) If in the opinion of the Vice-Chancellor it is necessary to take immediate action on any matter, for which powers are conferred on any other authority by or under this Act, he may take such action as he deems necessary, and shall report his action at the earliest opportunity to such officer or authority as would have in the ordinary course dealt with the matter: Provided that if in the opinion of the concerned officer or authority such action should not have been taken by the Vice-Chancellor, then such matter shall be referred to the Chancellor, whose decision shall be final. (5) If in the opinion of the Vice-Chancellor any decision of any authority of the University is outside the powers conferred by this Act or the Statutes, Ordinances, Regulations or rules made thereunder, or is likely to be prejudicial to the interests of the University, he shall request the concerned authority to revise its decision within fifteen days from the date of its decision and in case the authority refuses to revise such decision wholly or in part or fails to make any decision within fifteen days, then such matter shall be referred to the Chancellor and his decision thereon shall be final. (6) The Vice-Chancellor shall exercise such powers and perform such duties as may be specified by the Statutes or Ordinances. (7) If at any time upon representation made to him or otherwise and after making such inquiry as may be deemed necessary, the situation so warrants and if the continuance of the Vice-Chancellor is not in the best interest of the University, the Chancellor may, by a written order, and stating the reasons therein, ask the Vice-Chancellor to leave his office after such date as may be specified in the order: Provided that before taking any action under this sub-section, the Vice-Chancellor shall be given an opportunity of being heard.

(1) The appointment of the Registrar shall be made by the Chancellor in such manner and on such terms and conditions of service as may be prescribed by the Statutes. (2) The Registrar shall have the power to enter into agreements/contracts, sign documents and authenticate records on behalf of the University and shall exercise such powers and perform such duties as may be specified by the Statutes. (3) The Registrar shall be the Member-Secretary of the Governing Body, Managing Board and Academic Council, but shall not have the right to vote.

(1) The appointment of the Chief Finance and Accounts Officer shall be made by the Chancellor in such manner and on such terms and conditions of service as may be specified by the Statutes. (2) The Chief Finance and Accounts Officer shall exercise such powers and perform such duties as may be specified by the Statutes.

(1) The University may appoint such other officers as may be necessary for its functioning. (2) The manner of appointment of other officers of the University and their powers and functions shall be such as may be specified 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, viz:- (a) Chancellor; (b) Vice-Chancellor; (c) five persons nominated by the Sponsoring Body out of which two shall be eminent educationists; (d) one expert in management or information technology from outside the University, nominated by the Chancellor; (e) two persons nominated by the Government; and (f) two members of the State Legislative Assembly, to be elected by the State Legislative Assembly. (2) The Governing Body shall be the supreme authority of the University. (3) The Governing Body shall have the following powers, viz:- (a) to provide for general superintendence and directions and to control the affairs of the University by exercising all such powers as may be provided for by this Act or the Statutes, Ordinances, Regulations or rules made thereunder; (b) to review the decisions of other authorities of the University if they are not in conformity with the provisions of this Act or the Statutes, Ordinances, Regulations or rules made thereunder; (c) to approve the budget and annual report of the University; (d) to prescribe the policies to be followed by the University; (e) to recommend to the Sponsoring Body the voluntary winding up of the University if a situation arises where it is not possible for the University to function smoothly even after all efforts; and (f) such other powers as may be prescribed by the Statutes. (4) The Governing Body shall meet at least three times in a calendar year. (5) The quorum for the meetings of the Governing Body shall be five.

(1) The Board of Management shall consist of the following members, namely:— (a) the Vice-Chancellor; (b) two members of the Governing Body, nominated by the sponsoring body; (c) three persons, who are not the members of the Governing Body, nominated by the sponsoring body; and (d) three persons from amongst the teachers, nominated by the sponsoring body. (2) The Vice-Chancellor shall be the Chairperson of the Board of Management. (3) The powers and functions of the Board of Management shall be such as may be specified by the statutes. (4) The Board of Management shall meet at least once in every two months. (5) The quorum for meetings of the Board of Management shall be five.

(1) The Academic Council shall consist of the Vice-Chancellor and such other members as may be specified by the statutes. (2) The Vice-Chancellor shall be the Chairperson of the Academic Council. (3) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act and the rules, statutes and ordinances made thereunder, co-ordinate and exercise general supervision over the academic policies of the University. (4) The quorum for meetings of the Academic Council shall be such as may be specified by the statutes.

The composition, constitution, powers and functions of other authorities of the University shall be such as may be specified by the statutes.

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

No act or proceeding of any authority or body of the University shall be invalid merely by reason of any vacancy or defect in the constitution thereof.

In case there occurs any casual vacancy in any authority or body of the University, due to death, resignation or removal of a member, the same shall be filled, as early as possible, by the person or body who appoints or nominates the member whose place become vacant and person appointed or nominated 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 member.

(1) The authorities or officers of the University may constitute committees with such terms of reference as may be necessary for specific tasks to be performed by such committees. (2) The constitution of such committees and their duties shall be such as may be specified by the statutes.

(1) Subject to the provisions of this Act, and the rules made thereunder, the First Statutes of the University may provide for all or any of the following matters, namely:— (a) the constitution, powers and functions of the authorities and other bodies of the University as may be constituted from time to time; (b) the terms and conditions of appointment of the Vice-Chancellor and his powers and functions; (c) the manner of appointment and terms and conditions of service of the Registrar and Chief Finance and Accounts Officer and their powers and functions; (d) the manner of appointment and terms and conditions of service of the employees 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 disputes between employees, students and the University; (g) the conferment of honorary degrees; (h) the provisions regarding exemption of students from payment of tuition fee and for awarding to them scholarships and fellowships; (i) provisions regarding the policy of admissions, including regulation of reservation of seats; (j) provisions regarding fees to be charged from the students; and (k) provisions regarding number of seats in different courses. (2) The First Statutes shall be made by the Government and published in the Official Gazette and a copy thereof shall be laid before the State Legislative Assembly.

(1) Subject to the provisions of this Act and the rules made thereunder, the subsequent statutes of the University may provide for all or any of the following matters, namely:— (a) creation of new authorities of the University; (b) accounting policy and financial procedure; (c) representation of teachers in the authorities of the University; (d) creation of new departments and abolition or restructuring of existing department; (e) institution of medals and prizes; (f) creation of posts and procedure for abolition of posts; (g) revision of fees; (h) alteration of the number of seats in different syllabi; and (i) all other matters which under the provisions of this Act are to be specified by the statutes. (2) The statutes of the University other than the First Statutes shall be made by the Board of Management with the approval of the Governing Body. (3) The Board of Management may, from time to time, make new or additional statutes or may amend or repeal the statutes so made in the manner hereinafter provided in this section: Provided that Board of Management 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 Governing Body. (4) Every such statute or addition to the statutes or any amendment or repeal of the statutes shall be subject to the approval of the Government: Provided that no statute shall be made by the Board of Management affecting the discipline of students and standards of instruction, education and examination except in consultation with the Academic Council.

(1) Subject to the provisions of this Act or the rules or statutes made thereunder, the Board of Management may make such first ordinances with the approval of the Governing Body as it may deem fit for the furtherance of the objects of the University and such ordinances may provide for all or any of 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 all degrees, diplomas and certificates of the University; (c) the grant of degrees, diplomas, certificates and other academic distinctions, the minimum qualifications for the same and the means to be taken relating to the granting and obtaining of the same; (d) the conditions of the award of fellowships, scholarships, stipends, medals and awards; (e) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators; (f) the fees to be charged for the various courses, examinations, degrees and diplomas of the University; (g) the conditions of residence of the students in the hostels of the University; (h) the provision regarding disciplinary action against the students; (i) the creation, structure and functions of any other body as may be considered necessary for the promotion of the academic life of the University; (j) the manner of cooperation and collaboration with other Universities and institutions of higher education; and (k) all other matters which are required to be provided by the ordinances by this Act or the statutes made thereunder. (2) The Board of Management shall either modify the ordinances incorporating the suggestion of the Governing Body or give reasons for not incorporating any of the suggestions made by the Governing Body and shall return the ordinances along with such reasons, if any, to the Governing Body and on receipt thereof, the Governing Body shall consider the comments of the Board of Management and shall approve the ordinances of the University with or without such modifications and then the ordinances as approved by the Governing Body shall be in force.

(1) All ordinances other than the First ordinances shall be made by the Academic Council which after being approved by the Board of Management shall be presented to the Governing Body for its approval. (2) The Academic Council shall either modify the ordinances incorporating the suggestions of the Board of Management and the Governing Body or give reasons for not incorporating any of the suggestions made and shall return the ordinances along with such reasons, if any, to the Board of Management and the Governing Body and the Board of Management and the Governing Body shall consider the comments of the Academic Council and shall approve the ordinances of the University with or without such modifications, and then the ordinances as approved by the Governing Body shall be in force.

The authorities of the University may, subject to the prior approval of the Board of Management, make regulations consistent with this Act and the rules, statutes and ordinances made thereunder, for the conduct of their own business and that of the committees appointed by them.

(1) Admission in the University shall be made strictly on the basis of merit. (2) Merit for admission in the University may be determined either on the basis of marks or grade obtained in the qualifying examination and achievements in co-curricular and extra-curricular activities or on the basis of marks or grade obtained in the entrance test conducted at state level either by an association of the Universities conducting similar courses or by any agency of the State: Provided that admission to professional and technical courses shall be made only through an entrance test. (3) Seats for admission in the University for the students belonging to Scheduled Castes, Scheduled Tribes and other backward classes and women and physically handicapped students shall be reserved as per the policy of the State Government. (4) At least twenty five percent seats for admission in each course shall be reserved for the bonafide residents of Himachal Pradesh.

(1) The University shall prepare and revise its fee structure from time to time and shall send it to the Government for approval and the Government shall provide approval within one month from the receipt of the proposal: Provided that if the Government does not provide approval within one month, it shall be deemed to have been duly approved by the Government: Provided further that the fee structure for each course shall be decided before the issue of prospectus and shall be shown in the prospectus: Provided further that the fee structure shall not be revised or modified during the academic year. (2) The fee structure prepared by the University shall be considered by a committee to be constituted by the State Government in such manner as may be prescribed, which after going into the same, shall present its recommendations to the Government, whether the proposed fee— (a) for the following, namely:— (i) to meet the recurring expenses of the University; and (ii) for the savings required for the development of the University, is sufficient to generate resources; and (b) is not unreasonably high. (3) After receiving the recommendations under sub-section (2), if the Government is satisfied, it may approve the fee structure. (4) The fee structure approved by the Government under sub-section (3) shall remain valid until the next revision.

At the beginning of each academic session and in any case not later than 30th of August of every calendar year, the University shall prepare and publish a semester-wise or annual, as the case may be, Schedule of Examinations for each and every course conducted by it and shall strictly adhere to such Schedule. Explanation:- Schedule of Examination 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 about the practical examinations: Provided that if, for any reason whatsoever, University is unable to follow this Schedule, it shall, as soon as practicable, submit a report to the Government giving the detailed reasons for making a departure from the published Schedule of Examination. The Government may, thereon, issue such directions as it may deem fit for better compliance in future.

(1) The University shall strive to declare the results of every examination conducted by it within thirty days from the last date of the examination for a particular course and shall in any case declare the results latest within forty-five days from such date: Provided that if, for any reason whatsoever, the University is unable to finally declare the results of any examination within the period of forty-five days, it shall submit a report incorporating the detailed reasons for such delay to the Government. The Government may, thereon, issue such directions as it may deem fit for better compliance in future. (2) No examination or the results of an examination shall be held invalid only for the reasons that the University has not followed the Schedule of Examination as stipulated in section 33 and in this section.

The convocation of the University shall be held in every academic year in the manner as may be specified by the statutes for conferring degrees, diplomas or for any other purpose.

The University shall obtain accreditation from the National Assessment and Accreditation Council (NAAC), Bangalore within three years of its establishment and shall inform the Government and such other regulating bodies which are connected with the courses run by the University about the grade given by the National Assessment and Accreditation Council to the University and the University shall thereafter get such accreditation renewed at an interval of every five years.

Notwithstanding anything contained in this Act, the University shall be bound to comply with all the rules, regulations, norms etc. of the regulating bodies and shall provide all such facilities and assistance to such bodies as are required by them for the discharge of their functions and performance of their duties.

(1) The annual report of the University shall be prepared by the Board of Management, which shall include, among other things, the steps taken by the University towards the fulfillment of its objects and shall be approved by the Governing Body and a copy of the same shall be submitted to the sponsoring body. (2) A copy of the annual report prepared under sub-section (1) shall also be submitted to the Government.

(1) The annual accounts, including the balance sheet, of the University shall be prepared under the directions of the Board of Management and the annual accounts shall be audited at least once in every year by the auditors appointed by the University for this purpose. (2) A copy of the annual accounts together with the audit report shall be submitted to the Governing Body. (3) A copy of the annual accounts and audit report along with the observations of the Governing Body shall be submitted to the sponsoring body. (4) Copies of annual accounts and balance sheet prepared under sub-section (1) shall also be submitted to the Government. (5) The advice of the Government, if any, arising out of the accounts and audit report of the University shall be placed before the Governing Body and the Governing Body shall issue such directions as it may deem fit and compliance thereof shall be reported to the Government.

(1) For the purpose of ascertaining the standards of teaching, examination and research or any other matter relating to the University, the Government shall, after consultation with the Vice-Chancellor, cause an assessment to be made by such person or persons as it may deem fit in such manner as may be prescribed. (2) The Government shall communicate to the University its recommendations in regard to the result of such assessment for corrective action and the University shall take such corrective measures as are necessary to ensure compliance with the recommendations. (3) If the University fails to comply with the recommendations made under sub-section (2) within a reasonable time, the Government may give such directions as it may deem fit for such compliance, which shall be binding on the University.

(1) The sponsoring body may dissolve the University by giving a notice to this effect to the Government, the employees and the students of the University at least one year in advance: Provided that dissolution of the University shall have effect only after the last batches of students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards, as the case may be. (2) On the dissolution of the University all the assets and liabilities of the University shall vest in the sponsoring body: Provided that in case the sponsoring body dissolves the University before fifteen years of its establishment all the assets of the University shall vest in the Government free from all encumbrances.

(1) If it appears to the Government that the University has contravened any of the provisions of this Act or the rules, statutes or ordinances made thereunder or has contravened any of the directions issued by it under this Act or has ceased to carry out any of the undertakings given under sub-section (1) of section 5 of the Himachal Pradesh Private Universities ( Establishment and Regulation )Act, 2006 or a situation of financial mis-management or mal-administration has arisen in the University, it shall issue notice requiring the University to show cause within forty five days as to why an order of its liquidation should not be made. (2) If the Government, on receipt of reply of the University on the notice issued under sub-section (1), is satisfied that there is a prima facie case of contravening all or any of the provisions of this Act or the rules, statutes or ordinances made thereunder or of contravening directions issued by it under this Act or of ceasing to carry out the undertaking given under sub-section (1) of section 5 of the Himachal Pradesh Private Universities (Establishment and Regulation) Act, 2006 or of financial mis-management or mal-administration, it shall make an order of such enquiry as it may consider necessary. (3) The Government shall, for the purpose of any enquiry under sub-section (2), appoint an inquiry officer or officers to inquire into any of the allegations and to make report thereon. (4) The inquiry officer or officers appointed under sub-section (3) shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any such document or any other material as may be predicable in evidence; (c) requisitioning any public record from any court or office; and (d) any other matter which may be prescribed. (5) The inquiry officer or officers inquiring under this Act, shall be deemed to be a civil court for the purposes of section 195 and Chapter 26 of the Code of Criminal Procedure, 1973. (6) On receipt of the enquiry report from the officer or officers appointed under sub-section(3), if the Government is satisfied that the University has contravened all or any of the provisions of this Act or the rules, statutes, or ordinances made thereunder or has violated any of the directions issued by it under this Act or has ceased to carry out the undertakings given by it under sub-section (1) of section 5 of the Himachal Pradesh Private Universities(Establishment and Regulation) Act, 2006 or a situation of financial mis-management and mal-administration has arisen in the University which threatens the academic standard of the University, it shall issue orders for the liquidation of the University and appoint an administrator. (7) The administrator appointed under sub-section (6) shall have all the powers and be subject to all the duties of the Governing Body and the Board of Management under this Act and shall administer the affairs of the University until the last batch of the students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards, as the case may be. (8) After having awarded the degrees, diplomas or awards, as the case may be, to the last batches of the students of the regular courses, the administrator shall make a report to this effect to the Government. (9) On receipt of the report under sub-section(8), the Government shall, by notification in the Official Gazette, issue an order dissolving the University and from the date of publication of such notification, the University shall stand dissolved and all the assets and liabilities of the University shall vest in the sponsoring body from such date.

(1) The Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) matters to be prescribed under clause (d) of sub-section (4) of section 42; and (b) other matters which are required to be, or may be, prescribed by rules under this Act. (3) All rules made under this Act shall, as soon as possible after they are so made, be laid before the State Legislative Assembly, while it is in session, for a period of not less than ten days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which they are so laid or the successive sessions immediately following, the State Legislative Assembly makes any modification in any of such rules or agrees that any such rules should not be made, such rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under them.

(1) If any difficulty arises in implementing the provisions of this Act, the Government may, by an order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as it may appear to it to be necessary or expedient to remove such difficulty. (2) Every order made under this section shall, as soon as may be after it is so made, be laid before the State Legislative Assembly.

Notwithstanding repeal of the Himachal Pradesh Private Universities (Establishment and Regulation) Act, 2006, under the Chitkara University (Establishment and Regulation) Act, 2008, any action taken or anything done under the said Act so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.

(1) The Eternal University(Establishment and Regulation) Ordinance, 2008 is hereby repealed. (2) Notwithstanding such repeal any action taken or anything done under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.