Chapter XIV MISCELLANEOUS

Disputes as to the constitution of Authorities and Bodies.— If any question arises as to whether any person has been duly nominated or appointed as or is entitled to be a member of any authority or other body of a Private University, the matter shall be referred to the Chancellor whose decision thereon shall be final.

Constitution of Committees.— Where any authority of a Private University is given power under this Act or the statutes to constitute Committees, such Committees shall as otherwise provided, consist of the members of the authority concerned and of such other persons as the authority in each case may think fit.

Filling up of the vacancies.— All vacancies among the members of any authority or other body of a Private University shall be filled as soon as may be convenient by the person or body who appointed or nominated the members whose place has become vacant for the remaining term for which he has been appointed or nominated.

Proceedings of Private University authorities and bodies not to be invalidated by vacancies.— No act or proceeding of any authority or other body of a Private University shall be invalidated merely by reason of the existence of a vacancy or of any defect or irregularity in the nomination of a member of any authority or other body of the Private University or of any defect or irregularity in such act or proceeding not affecting the merits of the case or on the ground that the authority or other body of the Private University, did not meet at such intervals as required under this Act.

Removal from membership of Private University.—

1. (1) The Executive Council may, remove by an order in writing made in this behalf, any person from membership of any authority of the Private University by a resolution passed by a majority of the total members of the Executive Council and by a majority of not less than two-thirds of the members of the Executive Council present and voting at the meeting, if such person has been convicted by the Court for an offence which in the opinion of the Executive Council involves moral turpitude.
2. (2) The Executive Council may also by an order in writing made in this behalf remove any person from the membership of any authority of the Private University if he becomes of unsound mind or has been adjudicated as an insolvent.
3. (3) No action under this section shall be taken against any person unless he has been given a reasonable opportunity to show cause against the action proposed to be taken. A copy of every order made under sub-section
4. (1) or sub-section (2), as the case may be, shall, as soon as may be after it is so made, be communicated to the person concerned in the manner prescribed.
5. (4) Mode of proof of Private University records.— A copy of any receipt, application, notice, proceeding, resolution of any authority or Committee of a Private University or other documents in possession of the Private University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, applications, notice, order, proceeding or resolution, documents or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein where the original would, if produced have been admissible in evidence.

Student Protection.—

1. (1) The Sponsoring Body shall institute and maintain such financial, operational and other safeguards as may be necessary to ensure the continued functioning of the University and to protect the interests of enrolled students.
2. (2) The safeguards referred to in sub-section
3. (1) may include such arrangements, reserves, insurance, guarantees, escrow mechanisms, contingency plans or other measures as may be determined by the Sponsoring Body and disclosed in the manner prescribed.
4. (3) No minimum rupee amount shall be prescribed under this Act or the rules for the purposes of this section.
5. (4) The safeguards shall subject to general supervision and control of the Governing Council, be regulated and maintained in such manner as may be prescribed.

Powers of the Government to make rules.—

1. (1) The Government may, by notification, make rules to carry out all or any of the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :—
   • (a) the form and manner of application including the manner of making the project report, the particulars to be contained therein and the fee payable under section 5;
   • (b) the procedure for scrutiny of applications;
   • (c) the conditions of service of the Chairperson and members of the Regulatory Authority;
   • (d) the procedure for inspection of private universities;
   • (e) the format and contents of the annual report;
   • (f) sitting fees and allowances payable to the Chairman and Members of the Expert Committee under sub-section
3. (3) of section 6.
   • (g) such other matters as may be considered necessary.
4. (3) Every rule made or notification issued under this Act shall, as soon as possible after it is made or issued, be placed, on the table of the Legislative Assembly and if, before the expiry of the session in which it is so placed or the next session, the Legislative Assembly makes any modification in any such rule or notification or the Legislative Assembly decides that the rule or notification should not be made or issued, the rule or notification 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 that rule or notification.

Power of Government to call for information and records.—

1. (1) It shall be the duty of a Private University or any authority or officer of the Private University to furnish such information or records relating to the administration or finance and other affairs of the Private University as the Government may call for.

Annual report of Regulatory Authority.—

1. (1) The Regulatory Authority shall prepare an annual report on the functioning of private universities in the Union Territory.
2. (2) The report shall be submitted to the Government and laid before the Legislative Assembly of the Union Territory.

Validity of degrees.— The degrees, diplomas, and certificates conferred or granted by a Private University established under this Act shall be recognized for purposes of employment under the Government and for admission to higher studies.

Protection of action taken in good faith.— No suit, prosecution or other legal proceeding shall lie against the Government, the Regulatory Authority, or any officer or employee thereof for anything done or intended to be done in good faith under this Act.

Act to have overriding effect.— The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, provided that such overriding effect shall be limited only to matters related to the establishment, incorporation, governance, administration and regulation of Private Universities established under this Act.

Repeal and Savings.—

1. (1) Any law, rule, or regulation inconsistent with this Act shall, to the extent of such inconsistency, be deemed to have been repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the repealed provisions shall be deemed to have been done or taken under the corresponding provisions of this Act.

Power to remove difficulties.—

1. (1) If any difficulty arises as to the constitution or reconstitution of any authority of any Private University or in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary for removing the difficulty : Provided that no such order shall be made after the expiry of three years from the date of commencement of this Act.
2. (2) Every order made under this section shall be laid before the Legislative Assembly of the Union Territory of Jammu and Kashmir.