The Jammu and Kashmir Universities Act, 1969
The Jammu and Kashmir Universities Act, 1969
1. Short title and commencement
Short title and commencement.
- (1) This Act may be called the Kashmir and Jammu Universities (Amendment) Act, 2002.
- (2) It shall come into force from the date of its publication in the Government Gazette.
2. Amendment of section 36, Act XXIV of 1969
Amendment of section 36, Act XXIV of 1969. In proviso to sub-clause
- (c) of clause
- (a) of sub-section
- (1) of section 36 of the Kashmir and Jammu Universities Act, 1969, for the words "one should be a book" the words "one may be a book" shall be substituted.
6. Re-organisation of education
Re-organisation of education. Notwithstanding anything in the foregoing section, any re-organisation or alteration in structure, pattern or medium of education at the University stage shall require the previous approval of the Government.
7. University open to all classes and creed
University open to all classes and creed. Each University shall be open to all persons of either sex and of whatever race, creed or class, and it shall not be lawful for a University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to a certificate, diploma or degree of the University, or to serve as a teacher or to hold any office in the University, or to enjoy or exercise any privileges thereof, except when such test is specially prescribed by the Statutes, or, in respect of any particular benefaction accepted by the University, where such test is prescribed by the donor or other instrument creating such benefaction.
11. The Pro-Chancellor
The Pro-Chancellor.
- (1) The Chief Minister of the State shall be the ex-officio Pro-Chancellor of the University.
- (2) The Pro-Chancellor shall be the Chairman of the University Council and shall preside at the meetings of the University Council and at any convocation of the University.
- (3) The Pro-Chancellor may call for the records of the University or any information with regard to the affairs of the University and the Vice-Chancellor shall be bound to furnish the same.
- (4) The Pro-Chancellor may address the Vice-Chancellor with reference to the result of such inquiry and the Vice-Chancellor shall communicate to the University Council the views of the Pro-Chancellor and shall report to him the action, if any, taken or proposed to be taken by the University.
- (5) The Vice-Chancellor of the University concerned shall act, within such time as the Pro-Chancellor may fix, submit a firm report on the action taken or proposed to be taken by the Syndicate together with the view which the University Council concerned may have expressed on the matter.
12. The Vice-Chancellor
The Vice-Chancellor.
- (1) The Vice-Chancellor shall either be a whole-time paid officer or a part-time honorary officer of the University as the Chancellor may determine, and shall be appointed by the Chancellor in consultation with the Pro-Chancellor from a panel of three names recommended to him by a committee constituted in accordance with the provisions of sub-section (2).
- (2) The committee referred to in sub-section
- (1) shall consist of three persons, namely :-
- (a) a person not connected with the University, college or associated college of that University to be nominated by the Syndicate;
- (b) a person not connected with the University or any college or affiliated college of that University to be nominated by the University Council; and
- (c) a third person not connected with the University or any college or affiliated college of that University to be nominated by the Chancellor, who shall also be the chairman of the committee.
- (3) The committee constituted under sub-section
- (2) shall submit a panel of three names to the Chancellor for appointment of the Vice-Chancellor.
- (4) If the Chancellor does not approve the panel recommended by the committee he may direct the committee to suggest another panel for submission to him or may direct the committee to suggest another panel for the purpose.
- (5) The Vice-Chancellor of a University shall be a whole-time or part-time officer as determined by the Chancellor: Provided that on the expiry of the term of his office, he shall be eligible for re-appointment for such term as the Chancellor may, in consultation with the Pro-Chancellor, determine: Provided further that the Vice-Chancellor may be removed from his office by the Chancellor, after due inquiry by such person as he may appoint, if it appears to the Chancellor that the continuance of the Vice-Chancellor in office is detrimental to the interests of the University, the Chancellor having given the Vice-Chancellor a reasonable opportunity of making his representations against such removal.
- (6) The Vice-Chancellor of a University shall, in case he is a whole-time paid officer, receive such salary not exceeding two thousand and five hundred rupees per mensem and other facilities as the Chancellor may determine in addition to free residential accommodation: Provided that in exceptional cases the Chancellor may determine in consultation with the Government. In case he is appointed on a part-time honorary basis, he shall receive such allowances as the Chancellor may determine in consultation with the Government.
- (7) Where any temporary vacancy in the office of the Vice-Chancellor occurs by reason of resignation, illness, leave or other cause, the Registrar shall report the same to the Chancellor who shall make such arrangements for carrying on the duties of the Vice-Chancellor as he may deem fit.
- (8) Notwithstanding anything contained in sub-section (6), the Vice-Chancellor shall continue in office beyond the expiry of his term until his successor is appointed and enters upon his office.
13. Powers and duties of the Vice-Chancellor
Powers and duties of the Vice-Chancellor.
- (1) The Vice-Chancellor shall be the Principal Executive and Academic Officer of a University and shall, in the absence of the Chancellor and the Pro-Chancellor, preside at the meetings of the University Council and at any convocation of the University. He shall be an ex-officio member and Chairman of the Academic Council and shall be entitled to be present and to speak at any meeting of such other authorities and bodies as are provided under the provisions of the Act, and shall be entitled to be present and to speak at any meeting of any authority or body of the University concerned but shall not be entitled to vote thereat unless he is a member of the authority or the body concerned.
- (2) It shall be the duty of the Vice-Chancellor to see that the provisions of this Act, the Statutes and the Regulations are faithfully observed and he shall have all powers necessary for the purpose.
- (3) The Vice-Chancellor shall have power to convene meetings of the University Council, the Syndicate, the Academic Council and joint meetings of Faculties and Boards of Studies of the University concerned.
- (4) The Vice-Chancellor may take action as he deems necessary in any emergency which, in his opinion, calls for immediate action. He shall in such a case and as soon as may be thereafter, report his action to the officer, authority or other body of the University concerned who or which would ordinarily have dealt with the matter.
- (5) Save as otherwise provided in this Act, the Vice-Chancellor of a University shall have the powers to make appointments of the ministerial staff and inferior staff.
- (6) The Vice-Chancellor shall give effect to the orders of the University Council and the Syndicate of the University concerned regarding the appointment, dismissal and suspension of persons in the employment of the University and shall exercise general control over the affairs of the University. He shall be responsible for the discipline of the University in accordance with this Act, Statutes and Regulations.
- (7) The Vice-Chancellor shall exercise such other powers as may be prescribed by Statutes and Regulations.
- (8) The Vice-Chancellor may delegate any of his powers under this Act or the Statutes and Regulations made thereunder, to the Pro-Vice-Chancellor or any other officer or body of the University concerned.
14. The Pro-Vice-Chancellor
The Pro-Vice-Chancellor.--(1) There may be a Pro-Vice-Chancellor for a University and shall be appointed by the Chancellor in consultation with the Pro-Chancellor in the manner provided for the appointment of a Vice-Chancellor. The term of office of the Pro-Vice-Chancellor shall ordinarily be the same as that of the Vice-Chancellor and he shall receive such monthly salary not exceeding Rs. 2,000 and other facilities as the Chancellor may determine. Provided that on the expiry of the term of his office, the Pro-Vice-Chancellor shall be eligible for re-appointment for such term as the Chancellor may, in consultation with the Pro-Chancellor, determine : Provided further that the Pro-Vice-Chancellor shall not be removed from his office except by order of the Chancellor passed in consultation with the Pro-Chancellor and after he has been given an opportunity of making his representation against such removal, on grounds of incapacity or misconduct or such other grounds as may appear to the Chancellor to be contrary to the interests of the University.
15. Powers and duties of the Pro-Vice-Chancellor
Powers and duties of the Pro-Vice-Chancellor.--(1) Subject to the control of the Vice-Chancellor, the Pro-Vice-Chancellor shall exercise such powers and perform such duties as may be assigned to him by the Vice-Chancellor.
- (2) The Pro-Vice-Chancellor of a University shall also exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Regulations.
16. Financial Advisor
Financial Advisor.--(1) The Financial Advisor to Government, Finance Department, shall be the Financial Advisor of each University and shall attend all meetings of the Syndicate and the University Council and shall advise it as regards the financial policy of the University.
- (2) The Financial Advisor shall be the custodian of the funds of each University and shall advise it as regards the financial policy of the University.
- (4) The Financial Advisor shall--
- (a) present the annual estimates before the Syndicate and the University Council; and
- (b) be responsible for the presentation of the annual accounts and balance sheet of the University.
17. Registrar
Registrar.--(1) The Registrar of a University shall be a whole-time officer and shall be appointed by the University Council on such terms and conditions as the University Council may from time to time prescribe.
- (2) The Registrar of a University shall--
- (a) be the ex-officio Secretary of the University Council, the Syndicate and the Academic Council, but shall not be deemed to be a member of any of these authorities;
- (b) manage the properties and investments of the University as may be committed to his charge by the University Council;
- (c) be the ex-officio Secretary of the Boards of Studies and such other bodies as may be prescribed by the Statutes and Regulations.
- (4) The Registrar of a University shall be the custodian of the records, the common seal and such other property of the University as the University Council or Syndicate may commit to his charge.
- (5) The Registrar of a University shall have power to warn and direct the staff of the University and sign such cheques or other instruments as may be necessary for the purpose.
- (6) The Registrar of a University shall issue over his signature notices convening meetings of all the University Council, the syndicate, the Academic Council, the Faculties, the Boards of Studies, the Board of Inspection and the Boards of Research Studies of the University concerned.
- (7) The Registrar shall, in the execution of his duties, be subject to the immediate direction and control of the Vice-Chancellor and shall render such assistance to the Vice-Chancellor as may be required by him in the performance of his official duties.
- (8) The Registrar of a University shall exercise such powers and perform such other duties as may be prescribed by the Statutes and the Regulations or as may be assigned to him by any authority of the University concerned.
- (9) The Registrar may, with the previous approval of the Vice-Chancellor, delegate any of his powers prescribed under the provision of this Act or the Statutes or the Regulations made thereunder to any other officer of the University.
18. Controller of Examinations
Controller of Examinations.--(1) The Controller of Examinations of a University shall be a whole-time officer of the University concerned and shall be appointed by the University Council on the recommendation of the Selection Committee constituted in accordance with the provisions of section 36
- (1) on such terms and conditions as the University Council may from time to time prescribe.
- (2) It shall be the duty of the Controller of Examinations of a University to make arrangements connected with the setting and printing of question papers for all the examinations held by the University concerned including their safe custody and all other matter connected therewith.
- (3) Subject to directions of the Syndicate, the Controller of Examinations of a University shall make all arrangements for the conduct of examinations of the University concerned.
- (4) Subject to directions of the Syndicate, the Controller of Examinations of a University shall attend to matters such as despatch and transit of answer-books and question papers, evaluation of answer scripts, tabulation of results, complaints against question papers set for the examination, use of unfair means, publication and rechecking of results and other related matters.
- (5) The Controller of Examinations of a University shall exercise such other powers and perform such other duties as may be prescribed by the Statutes and Regulations from time to time.
- (6) The Controller of Examinations shall, in the execution of his duties, be subject to the immediate direction and control of the Vice-Chancellor of the University and shall render such assistance to the Vice-Chancellor as may be required by him in the performance of his official duties.
19. Other officers
Other officers.--Save as otherwise provided in this Act, the procedure for appointment and the duties of the officers of the University other than the Chancellor, the Pro-Chancellor, the Vice-Chancellor, the Pro-Vice-Chancellor, the Registrar, the Financial Advisor and the Controller of Examinations shall be prescribed by Statutes.
20. The following shall be the authorities of each University
The following shall be the authorities of each University :--
- (1) the University Council ;
- (2) the Syndicate ;
- (3) the Academic Council ;
- (4) the Faculties ;
- (5) the Board of Studies ;
- (6) the Boards of Research Studies ;
- (7) the Board of Inspection ; and
- (8) Such other authorities as may be decided by the Statutes to be the authorities of the University.
21. University Council
University Council.--(1) There shall be a University Council in a university consisting of the following members, namely :--
- (i) the Chancellor ;
- (ii) the Pro-Chancellor ; [(ii-a) Education Minister ;]
- (iv) the Vice-Chancellor of the other University ;
- (v) the Pro-Vice-Chancellor of the University concerned ;
- (vi) the Financial Adviser ;
- (vii) the Educational Adviser to the Government or the officer designated by the Government to be incharge of Higher Education ;
- (viii) two Deans of the Faculties of the University concerned nominated by the Chancellor, by rotation ;
- (ix) one Principal of an affiliated or constituent college of the University concerned nominated by the Chancellor by rotation ; [(ix-a) two members of the teaching staff belonging either to the University or the constituent/affiliated colleges to be nominated by the Chancellor in consultation with Pro-Chancellor ; and]
- (x) two nominees of the Chancellor.
- (2) The period for which members nominated under
- (viii) to
- (x) of sub-section
- (1) shall hold office, shall be prescribed by Statutes in this behalf.
- (3) The meetings of the University Council of a University shall be presided over by the Chancellor, when present. In his absence, the Pro-Chancellor shall preside and in the absence of both the Chancellor and Pro-Chancellor, the Vice-Chancellor of the University concerned shall preside.
- (4) For purposes of electing a member for the Medical Council of India under sub-section
- (1) of section 3 of the Indian Medical Council Act, 1956, the University Council shall be deemed to be the Senate or the Court of a University.
22. Powers and functions of the University Council
Powers and functions of the University Council.--The University Council of a University shall be the supreme authority of the University and shall have the following powers, namely :-
- (a) to make Statutes under this Act and to amend or repeal the same on its own motion ;
- (b) to make Regulations in consultation with the Syndicate ;
- (c) to approve the financial estimates framed by the Syndicate of the University ;
- (d) to approve plans of development and expansion of the University ;
- (e) to consider and pass resolutions on the annual report ; and
- (f) save as otherwise provided in this Act, to appoint officers of the status of Joint Registrar, Deputy Librarian and above and teachers of the status of Reader and above and to define their duties. Provided that no officer or teacher shall be appointed by a University Council until provision has been made for his salary in approved budget of the University concerned : Provided further that all appointments (permanent or temporary) to the posts of officers or teachers referred to in this section shall made by the University Council on the recommendation of the Selection Committee constituted for the purpose in accordance with the provisions of section 36 of this Act, and on such terms and conditions as may be prescribed by Statutes : Provided also that the Vice-Chancellor may appoint officers or teachers referred to in this section as a temporary measure for a period not exceeding six months to carry on the work and if the recommendations of the Selection Committee are not received within a period of six months he may further extend the appointment, if any, made during the academic session with the approval of the Chancellor.
- (g) to exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act ;
- (h) to constitute committees for specific purposes and to assign such duties to them as it deems fit ;
- (i) to delegate such of its powers to any authority of the University as it may deem fit ; provided that such delegation is made by a majority of not less than two-thirds of the total membership ; and
- (j) to exercise such other powers of the University as are not otherwise provided for in this Act and the Statutes and Regulations made hereunder.
23. Syndicate
Syndicate.--(1) The Syndicate shall be the executive authority of the University except in respect of the matters falling within the powers of the University Council and shall be constituted in accordance with the provisions of this Act and shall consist of the following members, namely :-
- (i) the Vice-Chancellor ;
- (ii) the Pro-Chancellor ; if any ;
- (iii) the Educational Advisor to the Government or the officer designated by the Government to be incharge of Higher Education ;
- (iv) the Financial Adviser ;
- (v) two Deans of the Faculties of the University by rotation to be nominated by the Vice-Chancellor ;
- (vi) two Deans of the faculties of other University by rotation to be nominated by the Chancellor ;
- (vii) two Principals of affiliated or constituent colleges by rotation [with the approval of Pro-Chancellor] to be nominated by the Vice-Chancellor ;
- (viii) one member of the Academic Council of the University concerned elected by the Council from its members ;
- (ix) two members of the Syndicate of the other University elected by that Syndicate ;
- (x) the nominee of the Chancellor at least one of whom shall be a woman connected with academic life.
- (2) The terms and conditions of the office of members of a Syndicate other than ex-officio members shall be such as may be prescribed by the Statutes in this behalf.
24. Powers and Functions of the Syndicate
Powers and Functions of the Syndicate.--(1) Subject to the provisions of this Act, the Statutes and the Regulations, the Syndicate of a University shall exercise and perform the following powers and duties, namely :-
- (a) to make, amend, or repeal Statutes and to submit the same to the University Council for consideration ;
- (b) to recommend the draft of Regulations or amendment or repeal thereof and other proposals for consideration by the University Council ;
- (c) to hold, control and administer the property and funds of the University : Provided that the Syndicate shall not transfer any property of the University without the approval and consultation of the University Council ;
- (d) save as otherwise provided in this Act to appoint officers (of the status of Joint Registrar, Deputy Librarian and above) and teachers (above the status of a Reader) and to define their duties : Provided that no officer or teacher shall be appointed by a Syndicate until provision has been made for his salary in the approved budget of the University concerned : Provided further that all appointments (permanent or temporary) to the posts of officers or teachers referred to in this section shall be made by the Syndicate on the recommendations of the Selection Committee constituted in accordance with the provisions of section 36 of this Act, and on such terms and conditions as may be prescribed by the Statutes : Provided also that the Vice-Chancellor may appoint officers or teachers referred to in this section as a temporary measure for a period not exceeding six months to carry on the work and if the recommendations of the Selection Committee are not received within a period of six months, the University may extend the appointment for the remainder of the academic session with the approval of the Chancellor.
- (e) to recognise teachers of the constituent colleges and other institutions for integrated Honours and Postgraduate teaching on the recommendation of the Selection Committee to be constituted for this purpose ;
- (f) to admit new colleges to the privileges of the University as constituent or affiliated colleges of the University subject to the conditions laid down in the Statutes ;
- (g) to arrange for and direct the periodical special inspection of the colleges and other institutions and places of instruction ;
- (h) to award scholarships, prizes, fellowships, exhibitions, bursaries and other such awards in accordance with the procedure prescribed in this behalf ;
- (i) to control and manage the Libraries of the University concerned ;
- (j) to provide buildings, premises, equipment, furniture, apparatus, means and facilities needed for carrying on the work of the University concerned ;
- (k) to invest any moneys belonging to the University including any un-applied income on fixed deposit in any Bank or in the manner prescribed in this behalf, any portion of which may, at any time, be required for meeting the expenditure of the University ;
- (l) to demand and receive such fees, as may from time to time be prescribed by Statutes and Regulations ;
- (m) to constitute committees for specific purposes and to assign such duties to them as may be deemed necessary ;
- (n) to prepare plans of development and expansion of the University ;
- (o) to appoint paper setters and examiners for all the examinations held by the University in accordance with the procedure prescribed in the Statutes ;
- (p) to give directions for holding of examinations and compilation and publication of results ;
- (q) to give directions for the editing, printing and publishing of such text-books for various examinations of the University as may be considered necessary for this purpose ;
- (r) to maintain proper standards of teaching and examination in consultation with the Academic Council of the University concerned ; to enter into, vary, carry out and cancel contracts on behalf of the University ;
- (t) to direct the form, custody and use of the common seal of the University ;
- (u) to accept donations, bequests or transfer of any movable or immovable property on behalf of the University concerned ;
- (v) to exercise such other powers and perform such other duties as may be conferred upon or assigned to it by this Act or the Statutes ;
- (w) to delegate, whenever necessary, appropriate financial and administrative powers to the Vice-Chancellor, the Pro-Vice-Chancellor, the Registrar, the Head of the Post-graduate Departments, the Controller of Examinations or any other officer of the University concerned.
- (2) Any difference or disagreement arising between the Syndicate and the Vice-Chancellor with regard to any decision taken by the Syndicate may be referred by the Vice-Chancellor to the Chancellor. The Chancellor shall refer back such decision to the Syndicate for reconsideration.
25. In case the Syndicate endorses its earlier decision by a two-third majority, such decision shall be deemed to be final.
Academic Council Academic Council.--The Academic Council of a University shall consist of the following persons, all of whom, shall be members ex-officio:-
- (i) the Vice-Chancellor of the University concerned ;
- (ii) the Pro-Vice Chancellor of the University concerned, if any.;
- (iii) the Deans of the Faculties of the University concerned ;
- (iv) the Head of the Department of the University concerned having the status of Professors or Readers ;
- (v) six Principals from the constituent and affiliated colleges of the University concerned by rotation, nominated by the Vice-Chancellor ;
- (vi) four Professors from colleges of the University concerned in subjects other than those represented by
- (iv) nominated by the Vice-Chancellor ; and
- (vii) Deans of the Faculties of the other University under the provisions of this Act.
- (2) The Academic Council of a University shall have power to co-opt not more than five persons possessing special knowledge of subjects not otherwise adequately represented on the Academic Council.
- (3) The terms and conditions of the office of the members of the Academic Council shall be such as may be prescribed by Statutes in this behalf.
26. Powers and functions of the Academic Council
Powers and functions of the Academic Council.--The Academic Council of a University shall have the following powers, namely :-
- (a) to control and regulate the standards of teaching and examinations in the University ;
- (c) to make proposals to the Syndicate and the University Council for the institution of Professorships, Readerships, Lectureships, or other teaching posts and in regard to the duties and emoluments thereof in accordance with the provisions of this Act ;
- (d) to formulate, modify or revise, subject to control of the Syndicate, schemes for the constitution or reconstitution of departments of teaching, research, and for the constitution of integrated courses of study and postgraduate teaching in colleges.
- (2) The Academic Council shall not take any decision falling within its competence which involves financial implications, without obtaining the previous approval of the Syndicate or the University Council, as the case may be.
- (3) The Academic Council of a University shall have the power to appoint a Standing Committee of the members of the Academic Council, of which not less than two-thirds shall be University Professors, Readers, Principals or teachers of affiliated and constituent colleges not lower in rank than that of a Professor and to entrust such of its powers as it deems fit.
27. The Standing Committee shall have power to invite experts, whenever necessary, for advice on a particular matter under discussion.
Faculties Faculties.--(1) The University of Kashmir shall have the Faculties one each for Arts, Science, Social Sciences, Commerce, Education, Engineering, Technology, Agriculture, Unani Medicine, Oriental Learning and such other Faculties as may be prescribed by the Statutes of the University from time to time.
- (2) The University of Jammu shall have the Faculties one each for Arts, Science, Social Science, Commerce, Education, Ayurvedic Medicine, Oriental Learning Law and such other Faculties as may be prescribed by the Statutes of the University from time to time. (3)
- (a) Each of the Faculties of Arts, Science, Social Sciences, Education and Commerce shall consist of-
- (i) the Professors and Readers of the University Departments comprising the Faculty ;
- (ii) such Principals of affiliated colleges of the University concerned as are qualified to teach any subject comprising the Faculty ;
- (iii) Head of the Department of the constituent college, if any, not lower in rank than that of Professor representing each subject comprising the Faculty ;
- (iv) Head of the Department of the affiliated colleges, if any, not lower in rank than that of Professor representing each subject comprising the Faculty ;
- (v) two persons other than teachers nominated to the Faculty by the Academic Council possessing expert knowledge of the subject comprising the Faculty.
- (b) The Faculty of Engineering shall consist of-
- (i) Principal of the colleges concerned ;
- (ii) Heads of the Departments of the subjects comprising the Faculty ;
- (iii) Professors of the subjects comprising the Faculty ;
- (iv) three persons to be nominated by the Academic Council of the University concerned on account of their possessing expert knowledge of the subject or subjects comprising the Faculty.
- (c) The Faculty of Medicine shall consist of-
- (i) Principals of the colleges concerned ;
- (ii) Head of the Department in each subject comprising the Faculty ;
- (iii) Professors and Associate Professors in each subject comprising the Faculty ;
- (iv) two persons to be nominated by the Academic Council of the University concerned on account of their possessing expert knowledge of the subject or subjects comprising the Faculty.
- (d) The Faculty of Agriculture shall consist of-
- (i) Principals of the colleges imparting instruction in the Faculty ;
- (ii) Professors teaching the subjects comprising the Faculty ;
- (iii) six teachers of the constituent and affiliated colleges imparting instruction in the Faculty to be nominated by the Vice-Chancellor ;
- (iv) two persons to be nominated by the Academic Council of the University concerned on account of their possessing expert knowledge of the subject or subjects comprising the Faculty.
- (e) The Faculty of Oriental Learning shall consist of-
- (i) such Head of the Oriental Institutions representing different subjects as are nominated by the Vice-Chancellor ;
- (ii) eight persons nominated to the Faculty by the Vice-Chancellor on account of their possessing expert knowledge of the subject comprising the Faculty at the colleges ;
- (iii) three persons possessing special knowledge of subject not otherwise adequately represented on the Faculty to be co-opted by the Faculty.
- (f) The Faculty of Unani Medicine shall consist of-
- (i) Principals of the colleges imparting instruction in the Faculty ;
- (ii) Professors teaching the subjects comprising the Faculty.
- (g) The Faculty of Ayurvedic Medicine shall consist of-
- (i) Principals of the colleges imparting instruction in the Faculty ;
- (ii) Professors teaching the subject comprising the Faculty ;
- (iii) six teachers of the constituent and affiliated colleges imparting instruction in the Faculty, to be nominated by the Vice-Chancellor ;
- (iv) two persons to be nominated by the Academic Council of the University concerned on account of their possessing expert knowledge of the subject or subjects comprising the Faculty. (4)
- (i) one Reader and one Lecturer of the University, nominated by the Vice-Chancellor by rotation, according to seniority ;
- (ii) five persons elected by the Academic Council for their special knowledge of the subject taught in the Faculty ; and
- (iii) such persons connected with the University, having expert knowledge of Law, co-opted by the Faculty.
- (a) Each of the Faculties of Arts, Science, Social Sciences, Education and Commerce shall consist of-
- (5) The composition of the Faculties prescribed in this Act shall be such as may be prescribed by the Statutes.
- (6) The terms and conditions of the office of the members of the Faculty shall be such as may be prescribed by the Statutes in this behalf.
28. Powers of each Faculty
Powers of each Faculty.--Each Faculty of a University shall have the following powers :-
- (a) subject to the control of the Academic Council, to organize the teaching work of the University in the subjects assigned to the Faculty ;
- (b) to suggest to the Academic Council courses of study for the different examinations after consulting the Boards of Studies, except such text-books as may be edited, printed and published by the University in the manner prescribed under the Statutes ;
- (c) to recommend to the Academic Council the conditions for the award of degrees, diplomas and other distinctions ;
- (d) to deal with any matter referred to it by the University Council or the Syndicate or the Academic Council ;
- (e) to discharge such other functions as may be prescribed by the Statutes and Regulations ;
- (f) to transact such other business as may be approved by the Deans of the Faculties.
29. The Deans
The Deans.--(1) There shall be Dean of each Faculty who shall be nominated by the Vice-Chancellor by rotation according to seniority in the manner and subject to such conditions as may be prescribed by the Statutes : Provided that the office of the Dean of a Faculty shall be held by a member of the Faculty who is a University Professor in a Department and in case there is no University Professor in the Faculty, it may be held by a member of the Faculty who is a Principal of a College or Head of an Institution : Provided further that no person shall hold the office of the Dean for more than two consecutive terms except where there is no other person eligible for the office.
- (2) The Dean of Faculty shall be responsible for the due observance of the Statutes and Regulations relating to his Faculty.
- (3) Each Faculty shall comprise such subjects as may be provided by the Regulations.
30. Boards of Studies
Boards of Studies.—(1) In a University there shall be a Board of Studies for a subject or subjects comprised in a Faculty in accordance with the Regulations.
- (2) Each Board of Studies except in the case of Boards assigned to the Faculties of Medicine, Engineering, Agriculture, Law, Ayurvedic Medicine and Unani Medicine shall consist of the following members, namely:—
- (a) the Professors of the University Department in the Subject assigned to the Board, if there are any;
- (b) the Readers of the University Department in the subject assigned to the Board, if there are any;
- (c) the Head of the Department in the subject concerned from each constituent college, not lower in rank than that of a Professor;
- (d) the Head of the Department in the subject concerned from each affiliated college, not lower in rank than that of a Professor;
- (e) one person who is not a teacher in any affiliated or constituent college of the University or a Department of the University, nominated by the Faculty: Provided that where in a particular subject there is no teacher of the status of a Professor; the teacher incharge of the Department in the subject concerned from an affiliated or constituent college shall be the member of the Board: Provided further that where it is found that the Board of Studies in any subject is not adequately represented, the Vice-Chancellor of the University concerned may authorise co-optation of teacher in the subject from colleges or the University Department to the extent of three members.
- (3) The Professor of the University Department senior to all other Professors in the Department shall be the convenor and in case there is no Professor of the University Department in a subject, the Board of Studies shall elect one of its members as the convenor of the Board.
- (4) The terms and conditions of the office of the members of a Board of Studies shall be such as may be prescribed by the Statutes in this behalf.
- (5) Where a Board of Studies comprises more than one subject, the Vice-Chancellor may constitute the Board on similar lines so as to ensure that each subject comprised in the Board is adequately represented on it: Provided that the total number of members of the Board so constituted does not exceed ten.
- (6) The Board of Studies for each subject assigned to the Faculties of Medicine, Engineering, Agriculture, Law, Ayurvedic Medicine and Unani Medicine shall be constituted by the Dean of the Faculty concerned in accordance with the Regulations: Provided that each Board of Studies for a subject or subjects shall consist of not more than seven members senior to all other members.
- (7) Notwithstanding anything contained in this Act or any Regulation made thereunder each Board of Studies for each subject in which Board of Under-graduate Studies or Board of Post-graduate instruction is imparted shall be constituted by the Vice-Chancellor of the University concerned as may be determined by the Statutes.
31. Functions and Powers of the Boards of Studies
Functions and Powers of the Boards of Studies.—(1) It shall be the duty of each Board of Studies to make recommendations regarding:—
- (a) syllabi for the subject or subjects of study;
- (b) combination of subjects permitted in the University;
- (c) new courses of study except such as may got edited, printed and published by the University concerned in accordance with the Statutes;
- (d) appointment of paper-setters and examiners: and
- (e) any matter referred to it by the Vice-Chancellor, the Syndicate, the Academic Council or the Faculties.
- (2) The Boards of Studies shall also perform such other functions as may be prescribed by the Statutes or the Regulations.
32. Boards of Research Studies
Boards of Research Studies.—(1) There shall be Boards of Research Studies, one each for Arts, Science, Social Sciences, Commerce or such other Faculties as may be specified by the Academic Council of the University which shall consist of the Vice-Chancellor, the Dean of the Faculty concerned, Heads of the university departments concerned with power to co-opt members: Provided that an expert in the subject, if necessary, on a particular matter relating to research shall hold office for a period of three years. The Vice-Chancellor shall be the Chairman of each Board and the Dean of the Faculty shall act as Chairman.
- (2) Each Board shall organise research studies under the control of the Academic Council and in accordance with the Statutes and Regulations prescribed in this behalf.
33. Powers and functions of the Boards of Research Studies
Powers and functions of the Boards of Research Studies.—(1) Each Board shall have the following powers and functions, namely:—
- (a) to advise the University on all matters connected with the promotion of research;
- (b) to control and coordinate research work in the University;
- (c) to approve the research programmes and supervise the progress of research students;
- (d) to recommend the award of research degrees; and
- (e) to consider any other matter referred to it by the Academic Council, the Syndicate and the University Council.
34. Board of inspection
Board of inspection.—(1) There shall be a Board of inspection in a University with the following members, namely:—
- (a) The Vice-Chancellor of the University;
- (b) The Pro-Vice-Chancellor of the University, if any;
- (c) the Educational Adviser to the Government or the officer designated by the Government to be incharge of Higher Education;
- (d) two members to be nominated by the Syndicate of the University; and
- (e) two teachers of the University not being the Deans of the Faculties to be nominated by the Vice-Chancellor.
- (2) The Board of Inspection shall:—
- (a) cause an inspection to be made and lay its reports before the Syndicate for decision;
- (b) appoint inspectors for the inspection of a college for a period of three years after the grant of affiliation to an affiliated or constituent college or institution and consider the report of the inspectors along with its recommendations.
- (3) The inspection of colleges and other institutions applying for affiliation or recognition shall be conducted by the Board of Inspection as a whole. In case of application for recognition in new courses or subjects the inspection team shall consist of the following members:—
- (a) one member of the Board of Inspection nominated by the Vice-Chancellor;
- (b) the Heads of the University Departments in the subjects, if there are any; and
- (c) the Dean of the Faculty concerned.
36. Selection Committees
Selection Committees.—(1) There shall be Selection Committees for selection of teachers and other members of the University concerned:—
- (a) Committee for appointment of teachers:—
- (i) Vice-Chancellor (Chairman);
- (ii) Pro-Vice-Chancellor, if any;
- (iii) Chairman, Public Service Commission or a member of the Public Service Commission nominated by him;
- (iv) the Head of the University Department concerned (in the case of Readers and Lecturers only);
- (v) one member nominated by the Chancellor in the case of Professors and Readers and in the case of Lecturers one member nominated by the Vice-Chancellor;
- (vi) two persons not connected with the University having special knowledge of the subject in which the appointment is to be made, nominated by the Vice-Chancellor from the panel of experts approved by the University Council in the case of Professors and Readers and by the Syndicate in the case of Lecturers:
- (b) Committee for appointment of the officers of the status of the Joint Registrar, Deputy Librarian and above:—
- (i) Vice-Chancellor (Chairman);
- (ii) Pro-Vice-Chancellor, if any;
- (iii) Financial Adviser; and
- (iv) a member of the University Council nominated by the Chancellor:
- (c) Committee for appointment of officers below the status of the Joint Registrar and Deputy Librarian:—
- (i) Vice-Chancellor (Chairman);
- (ii) Pro-Vice-Chancellor, if any;
- (iii) Financial Adviser;
- (iv) A member of the Syndicate nominated by the Vice-Chancellor;
- (v) The Registrar.
- (2) The quorum of the Selection Committee shall be four in each case, of whom at least one person not connected with the University or a college, should possess special knowledge of the subject. The decision of the Committee shall be final, subject to the approval of the authority of the University concerned.
- (3) The terms and conditions of the office of the members of the Selection Committee shall be such as may be prescribed by the Statutes in this behalf.
37. Other Authorities
Other Authorities.—The constitution, powers and duties of such other authorities as may be decided by the Statutes to be authorities of the University shall be provided for in the manner prescribed by Statutes.
38. Audit of Accounts
Audit of Accounts.-The Accounts of a University shall, once in every year and at the interval of not more than fifteen months, be audited by auditors appointed by the Government and a copy of the accounts together with the auditor's report, shall be published in the Government Gazette.
39. Alternation in the designation of a Government officer
Alternation in the designation of a Government officer.-Where any provision of this Act or the Statutes or Regulations refers to any officer of the Government by designation then, if that designation is altered or the office held by such officer ceases to exist, the Chancellor may by order do anything which appears to them necessary to give effect to the provisions of this Act.
40. Title Missing]
[Title Missing]
- (a) the holding of convocation by a University to confer degrees;
- (c) the institution of Fellowships, Exhibitions, Bursaries, Medals and Prizes;
- (d) the terms of service of the teachers and officers of the University;
- (e) the duties and powers of the officers of the University;
- (f) the constitution, powers and duties, of the authorities of the University;
- (g) the conditions for recognition and affiliation of colleges and other institutions of the University;
- (h) the classification of teachers employed in the university;
- (i) the constitution of a pension or provident fund or contra-mentioned the of teachers and servants of the University;
- (j) the conditions under which students shall be admitted to the courses of study leading to degrees, diplomas and certificates;
- (k) the fees to be charged for admission to the examinations and to the Departments of the University;
- (l) the conditions and mode of employment and the duties of examiners
41. Statutes how made
Statutes how made.-(1) Subject to the provisions of sections 48 and 51 of this Act, the Statutes may be amended, repealed or added to by Statutes made by the University Council in the manner hereinafter appearing.
- (2) The University Council may take into consideration the draft of the Statute of any Statute either of its own motion or on a proposal by the Syndicate: Provided that in case any such draft is passed the opinion of the Syndicate if the draft of such Statute affects the powers, duties or emoluments of officers, teachers, authorities or bodies shall be taken into consideration by the University Council.
- (3) Where the University Council approves the draft of any Statute or of any clause thereof, it may be sent to the Syndicate for consideration. Such draft shall be considered by the Syndicate at its next meeting. The University Council may either pass the Statute as such, or may reject it, or may return it to the Syndicate for reconsideration either in whole or in part, together with any amendments which the University Council may suggest. After any draft has been so reconsidered by the Syndicate and returned together with suggestions made by the Syndicate back to the University Council, it shall again be presented to the University Council with the report of the Syndicate and the University Council may then deal with the draft in such manner as it may think proper. (4)
- (a) where the University Council passes a Statute, it shall be submitted to the Chancellor who may assent to it or may withhold his assent or may refer it back to the University Council for further consideration.
- (b) if the draft is returned to the Syndicate, the draft shall be sent to the Chancellor who may refer it back to the University Council.
- (c) A Statute passed by the University Council shall have no validity until assented to by the Chancellor.
- (5) The Syndicate shall not propose the draft of any statute or of any amendment of a statute:
- (a) affecting the status, powers or constitution of an authority of the University until such authority has been given an opportunity of expressing an opinion upon the proposal, the opinion so expressed shall be in writing and shall be considered by the University Council and shall be submitted to the Chancellor; and
- (b) affecting the conditions of constitution and affiliation of constituent and affiliated colleges to the University except after consultation with the Academic Council.
42. Regulations
Regulations.-The authorities and the bodies of the University may make Regulations consistent with this Act and the Statutes providing for all or any of the following matters, namely:-
- (a) the procedure to be observed at their meetings and the number of members required to form a quorum;
- (b) the notice to be given of the meetings and of proceedings thereat, the keeping of records of their books and other matters; (0 the classification or inclusion of subjects of study in various Faculties;
- (g) the constitution, powers and duties of the Boards of the University;
- (c) all matters which by this Act and the Statutes are to be provided for by the Regulations;
- (d) the conditions of residence of students;
- (e) the discipline of students;
- (h) the periodical inspection of constituent or colleges and other institutions.
43. Regulations how made
Regulations how made.-(1) University Council of a University shall make Regulations in consultation with the Syndicate after receiving drafts from the authorities and bodies of the University:
44. Provided that the University Council may, subject to the provisions of section 40 of this Act may be provided for by the Statutes.
Annual Report Annual Report.-The Annual Report of a University shall be prepared at the close of a financial year under the directions of the Syndicate and shall be submitted to and considered by the University Council.
45. Dispute as to constitution of University
Dispute as to constitution of University.-If any question arises whether any person has been elected or co-opted as, or is entitled to be a member of any authority or other body of the University, or whether any decision of any of the authorities or committees is in conformity with this Act, the Statutes and the Regulations, the matter shall be referred to the Chancellor for decision and the decision of the Chancellor thereon shall be final.
46. Filling of casual vacancies
Filling of casual vacancies.-(1) All casual vacancies among the members (other than ex-officio members) or any authority or other body of a University shall be filled, as soon as conveniently may be, by the person or body who appointed, elected or co-opted the member whose place has become vacant, and the person appointed, elected or co-opted, 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 a member.
- (2) A person who is a member of an authority or a University as a representative of another body whether of the University or outside, shall retain his seat on the University authority so long as he continues to be member of the body by which he was appointed or elected and thereafter till his successor is duly appointed.
47. Proceedings of University authorities and bodies not invalidated by vacancies
Proceedings of University authorities and bodies not invalidated by vacancies.--No act or proceedings of any authority or other body or committee of a University shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members or by reason of some person having taken part in the proceedings who is subsequently found not to have been entitled to do so.
48. Appointment of Special Officer until University authorities duly constituted
Appointment of Special Officer until University authorities duly constituted.--(1) At any time after the passing of this Act and until such time as the two Universities and their authorities shall have been duly constituted or until such time as the Chancellor may desire, a Special Officer shall be appointed by the Chancellor for a University.
- (2) Subject to the superintendence of the Vice-Chancellor, the Special Officer shall examine the Statutes and Regulations contained under section 51 of this Act and propose such modifications, alterations and additions therein as may be necessary to bring such Statutes and Regulations in conformity with the provisions of this Act. The modifications, alterations and additions proposed by the Special Officer shall, if approved by the Chancellor, be deemed to have been made by the competent authority under this Act and shall continue to be in force until altered or superseded by the authority constituted under this Act.
49. Affiliation of State educational institutions with the University of Kashmir and the University of Jammu
Affiliation of State educational institutions with the University of Kashmir and the University of Jammu.--(1) Notwithstanding anything contained in this Act or the Statutes with regard to the conditions of the recognition and affiliation of colleges and other educational institutions, all colleges and educational institutions affiliated to or recognised by the University of Jammu and Kashmir under the provisions of Jammu and Kashmir University Act, 1965 shall, immediately after the commencement of this Act, become affiliated to or recognised by the University of Kashmir or the University of Jammu in the territorial jurisdiction of which such college or educational institution is situate, in the same subjects, up to the same standard and on the same conditions as these were affiliated or recognised before the commencement of this Act.
56. Assets and liabilities
Assets and liabilities.--(1) The assets and liabilities of the Kashmir Division and the Jammu Division of the University of Jammu and Kashmir existing immediately before the commencement of this Act, shall be the assets and liabilities of the University of Kashmir and the University of Jammu respectively.
- (2) The assets and liabilities of the Central Office of the University of Jammu and Kashmir, existing immediately before the commencement, shall be apportioned between the University of Jammu and the University of Kashmir in such manner as the Chancellor in consultation with the Pro-Chancellor may determine.
57. Legal proceedings
Legal proceedings.--Where immediately before the commencement of this Act, the University of Jammu and Kashmir was a party to any legal proceedings with respect to any property, rights, liabilities or obligations, the University of Kashmir or the University of Jammu which succeeds to a share in that property or those rights or liabilities by virtue of this Act, shall be deemed to be substituted for the University of Jammu and Kashmir as a party to those proceedings and the proceedings may continue accordingly.
58. Repeal and saving
Repeal and saving.--(1) The Kashmir and Jammu Universities Ordinance, 1969 (X of 1969) is hereby repealed.
- (2) Notwithstanding the repeal of the said Ordinance, the repeal of the Jammu and Kashmir University Act, 1965 under the said Ordinance shall continue; and
- (b) the Syndicates of the Divisions of the Jammu and Kashmir constituted under the Jammu and Kashmir continue for purposes of the period mentioned in
- (c) anything done, any action taken, any appointment made or order issued under the said Ordinance or under the Jammu and Kashmir University Act, 1965 or issued under this Act: Provided that if any appointment was made under the said Ordinance or under the Jammu and Kashmir University Act, 1965 subject to any condition, such appointment shall continue subject to that condition under this Act.
59. Validation
Validation.-The Statutes passed by the University Council of Jammu at its meeting held on 30th March, 1973 and assented to by the Chancellor on 1st April, 1973 shall be and shall always be deemed to be valid notwithstanding that the assent of the Chancellor to the said Statutes was not published in the Government Gazette as was required under clause
- (c) of sub-section
- (4) of section 41 of the Kashmir and Jammu Universities Act, 1969 and accordingly--
- (a) the Statutes aforesaid shall--
- (i) continue to be in force unless and until altered or superseded under this Act;
- (ii) not be called in question on the ground that assent of the Chancellor thereto was not published in the Government Gazette; and
- (b) anything done, any action taken or order made in pursuance of the said Statutes shall be and shall always be deemed to have been validly done, taken or made.
- (a) the Statutes aforesaid shall--
Some statutory text is still being prepared for this language version.
PDF: pending for this language.