section 38
Power to make Statutes
The Jammu and Kashmir Private Universities Act, 2026Education202682 sections14 chapters
Chapter VI AUTHORITIES OF PRIVATE UNIVERSITY
Statutory text
Power to make Statutes.—(1) The Executive Council shall make the statutes for carrying out the purposes of this Act, subject to the approval of the Management Committee.
- (2) Subject to the provisions of this Act, the statutes may provide for all or any of the following matters, namely :—
- (a) the constitution, powers and functions of the authorities of the Private University, as may be constituted from time to time;
- (b) the appointment and continuance in office of the members of the said authorities, filling up of vacancies of members and all other matters relating to those authorities for which it may be necessary to provide;
- (c) the appointment, powers and duties of the officers of the Private University and their emoluments :—
- (d) the appointment of teachers of the Private University and other academic and administrative staff and their emoluments ;
- (e) the appointment of teachers and other academic and administrative staff working in the Private University or Institution for specific period for undertaking a joint project;
- (f) the conditions of service of employees including provisions for retirement benefits, insurance and provident fund, the manner of termination of service and disciplinary actions;
- (g) the principles governing seniority of service of employees;
- (h) the procedure for settlement of disputes between employees or students and the Private University;
- (i) the procedure for appeal to the Executive Council by any employee or students against the action of any officer or other authority of the Private University; (j ) the conferment of honorary degrees;
- (k) the withdrawal of degree, diploma, certificate and other academic distinction : (/) the institution of fellowships, scholarships, studentships, medals and prizes ;
- (1) the maintenance of discipline among the students ;
- (m) the establishment and abolition of Department, Centres and other institutions ;
- (n) the delegation of powers vested in the authorities or officers of the Private University ; and
- (o) all other matters, which may by this Act are to be or may be prescribed.
- (3) The Executive Council shall not make, amend or repeal any statute affecting the powers or constitution of any authority of the Private University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Council.
- (4) The Executive Council may, from time to time, make statutes and amend or repeal the statutes in the manner hereinafter provided in this section.
- (5) A statute or an amendment to, or repeal of, a statute passed by the Executive Council shall be submitted to the Management Committee who may assent thereto or withhold its assent. A statute or an amendment to, or repeal of, a statute passed by the Executive Council shall have no validity unless it has been assented to by the Management Committee.
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