The DAV University Act, 2012
The DAV University Act, 2012
1. Short title and commencement.
- (1) This Act may be called the DAV University Act, 2012. (2) It shall be deemed to have come into force on and with effect from the 25th day of October, 2012.
2. Definitions.
In this Act, unless the context otherwise requires,- (a) ‘Academic Council’ means the Academic Council of the University; (b) ‘authorities’ means the authorities of the University; (c) ‘Board of Management’ means the Board of Managemeht of the University; (d) ‘campuses’ means the campuses of the University including off-campuses, off-campus study centres, off-shore campuses, off-shore study centers and distance education centres and online mode of education; (e) ‘Chairman’ means the Chairman of the Society; (f) ‘Chancellor’ means the Chancellor of the University; (g) ‘Chief Finance and Accounts Officer’ means the Chief Finance and Accounts Officer of the University; (h) ‘Dean’ means the Dean of the University; (i) ‘Executive Director’ means the Executive Director of the University; (j) ‘Finance Committee’ means the Finance Committee of the University; (k) ‘Governing Body’ means the Governing Body of the University; (l) ‘institution’ means any institution or institute or college or school or academic centre (by whatever name it may be called), centre of excellence, situated within the Campuses and run or managed by the University; (m) ‘prescribed’ means prescribed by the statutes, ordinances and regulations; (n) ‘Registrar’ means the Registrar of the University; (o) ‘Society’ means the Dayanand Anglo Vedic College Trust and Management Society, New Delhi registered under the Societies Registration Act, 1860 (Central Act XXI of 1860); (p) ‘State Government’ means the Government of the State of Punjab; (q) ‘statutes’, ‘ordinances’ and ‘regulations’ mean the statutes, ordinances and regulations of the University, made by it under this Act; (r) ‘teacher’ includes Professor, Reader, Associate Professor, Assistant Professor, Lecturer and any such other person, imparting instruction on full time or part time basis in the University or in any of its institutions; (s) ‘University’ means the DAV University established under section 3 of this Act; (t) ‘Vice-Chancellor’ means the Vice—Chancellor of the University; and (u) ‘Visitor’ means the Visitor of the University.
3. Establishment of the University.
- (1) There shall be established a private University by the name of the DAV University in the State of Punjab. (2) The University shall be run and managed by the Society in accordance with the provisions of this Act. (3) The University shall be a body corporate by the name, mentioned in sub—section (1) and shall have perpetual succession and a common seal. It shall have the power to acquire, hold, dispose of property both moveable and immoveable and to make contracts, and shall sue and be sued by the said name. (4) The headquarters of the University shall be located at Village Sarmastpur, Jalandhar—Pathankot National Highway, District Jalandhar. (5) The University shall be self-financed and it shall not be entitled to receive any grant or other financial assistance from the State Government.
4. Objects of the University.
The objects of the University shall be,- (i) to make provisions for study, research, consultancy and teaching and to start courses at all levels of higher education including professional, medical dental sciences, engineering, architecture, pharmacy, ayurveda, homoeopathy, management, computer science, nursing education, law, religious studies, languages and literature, media and performing arts, design, hotel management, airlines, tourism, fashion design, animation and multimedia, paramedical, fine arts, dramatics and music, social sciences and applied sciences with a focus on emerging disciplines such as robotics, information technology, artificial intelligence, biotechnology, nanotechnology, ecology and environment, human rights, women studies, vocational and skill development, and to provide for the provisions of study connected therewith or incidental thereto; (ii) to contribute towards evolving a knowledge society with a view to make the State of Punjab a leading hub of knowledge on global horizon; (iii) to promote industiy-academia interface by maintaining liaison and collaboration with industry for evolving industxy—oriented professional courses with a view to ensure quick and smooth placement of the Graduates of the University; and (iv) to disseminate knowledge so as to make it accessible to all strata of the society.
5. Powers and functions of the University.
The University shall have the following powers and functions, to be exercised and performed by it or through its officers and authorities, namely:- (i) to make provisions and adopt all measures (including adoption and updating of the curricula) in respect of study, teaching, research, consultancy and granting affiliation relating to the courses through traditional as well as new innovative modes including online education modes; (ii) to institute and confer doctorate, Masters, degrees, diplomas, certificates, awards, grades, credits and academic distinctions; (iii) to grant affiliation and to conduct examinations for granting or conferring doctorate, Masters, degrees, diplomas and certificates; (iv) to institute and confer the designation of Professor, Associate Professor, Assistant Professor, Reader, Lecturer or any other equivalent designation, as may be required by the University in its campuses or its institutions and to appoint persons as such; (v) to institute and award fellowships, scholarships, studentships, exhibitions, as may be prescribed; (vi) to provide for equivalence of the degrees, diplomas and certificates of the students completing their courses partially or in full from any other recognized University, Board or Council or any other competent authority in India and abroad; (vii) to take all necessary measures for setting up campuses and granting them affiliation; (viii) to set up central library, departmental libraries, museums and allied matters; (ix) to demand such fees and other charges, as may be prescribed; (x) to hold, manage and run the trusts and endowments which may be created in favour of the University; (xi) to institute and confer honorary degrees, as may be prescribed; (xii) to print and publish works of the academic excellence and to establish chairs of excellence; (xiii) to take special measures for the spread of educational facilities amongst the educationally backward strata of society; (xiv) to encourage and promote sports and martial arts; (xv) to create technical, administrative, ministerial and other necessary posts and to make appointments thereto; (xvi) to receive grants from the University Grants Commission and other Central, State agencies or any other person or organization; (xvii) to accept and receive gifts, donations and to raise loans and advances in 1ndian and foreign currencies; (xviii) to undertake research projects and consultancy on mutually
6. Jurisdiction of the university
- (1) The University shall exercise its jurisdiction within its campuses and its affiliated Institutions, run or managed by the Society. (2) The University shall affiliate to it other educational or professional institutions established, run or managed by the Society.
7. Officers of the University
The following shall be the ofiicers ofthe University, namely: (i) the Visitor; (ii) the Chancellor; (iii) the Vice-Chancellor; (iv) the Executive Director; (v) the Registrar; (vi) the Chief Finance and Accounts Officer; and (vii) such other officers of the University, as may be declared by the statutes, to be the officers of the University.
8. The Visitor
- (1) The Governor ofPunjab shall be the Visitor ofthe University. (2) The Visitor shall preside over the convocation ofthe University for confen'ing degrees and diplomas. (3) The Visitor shall have the right to call for any information relating to the affairs ofthe University. (4) The Visitor, in consultation with the Chancellor, may cause the inspection, scrutiny, investigation, survey or inquiry or any other such like thing to be made by such person, as he may direct in respect of administrative, academic or executive matters ofthe University. (5) The Visitor shall, in every case, give notice to the University of his intention to cause the inspection, scrutiny, investigation, survey or inquiry or any other such like thing, to be made and the University shall appoint a representative, who shall be present at such inspection, scrutiny, investigation, survey or inquiry, or any other such like thing, as the case may be. (6) The Visitor may inform the Vice-Chancellor about the results of such inspection, scrutiny, investigation, survey or inquiry and the Vice-Chancellor shall communicate to the Governing Body the views ofthe Visitor alongwith such advice, as the Visitor may have tendered and the action to be taken on such advice. (7) The Vice-Chancellor shall inform the Visitor about the action taken or proposed to be taken by the University with respectto the inspection, scrutiny, investigation, survey, inquiry, or any other such like thing, as the case may be. (8) If the State Government considers it appropriate, in public interest, to make inspection, scrutiny, investigation, survey or inquiry, as the case may be, in respect ofany matter relating to the University or its institutions, a reference shall be made by the State Government to the Visitor, who shall, in consultation with the Chancellor, cause such inspection, scrutiny, investigation, survey or inquiry, to be made.
9. The Chancellor
- (1) The Chairman shall be the Chancellor ofthe University and in the absence ofthe Visitor, the Chancellor shall preside over the convocation of the University. (2) The Chancellor shall be the head ofthe University. (3) The Chancellor shall be the chairman ofthe Governing Body and he shall decide or approve all appointments, nominations, removals, suspensions and reinstatements ofthe employees and officers ofthe University either suo-moto or on the recommendation of the authority concerned ofthe University. (4) The Chancellor may amend or revoke any decision taken by any authority or officer ofthe University and may exercise his powers, either suo—moto or otherwise, to do all necessary things to facilitate the smooth functioning ofthe University. (5) The Chancellor shall have the power to do all such other functions, as may be required to do in furtherance the objects ofthe University and any matter incidental thereto and the decisions taken by the Chancellor shall be final and binding on all concerned of the University. (6) If, in the opinion ofthe Chancellor, any decision ofany officer or authority of the University is beyond the powers conferred under this Act or the statutes or ordinances or regulations or is likely to be prejudicial to the interests of the University, he shall ask such officer or authority to revise his or its decision within a period offifteen days and in case the officer or authority refuses to revise such decision, wholly or partly or fails to take any decision within a period offifteen days, the decision ofthe Chancellor thereon shallbe final. (7) If, at any time, upon the representation made or otherwise, it appears to the Chancellor that the Vice-Chancellor or any other officer ofthe University,- (a) hasymade default in performing any duty imposed upon him under this Act or otherwise; or (b) has acted in a manner prejudicial to the interests of the University; or (c) is incapable ofmanaging the affairs ofthe University, the Chancellor may, notwithstanding the fact that term ofthat officer has not expired, by an order in writing and stating the reasons therein, require the Vice—Chancellor or the officer to relinquish his office from such date, as may be specified in the order. The Vice—Chancellor or the officer concerned shall be deemed to have relinquished his office from the date so specified: Provided that no such order shall be passed, unless the grounds on which such action is proposed to be taken are communicated to the Vice Chancellor or to that officer and he is given reasonable opportunity of being heard.
10. The Vice-Chancellor
- (1) The Vice-Chancellor, shall be appointed by the Chancellor from amongst the panel of five persons recommended by the Governing Body and shall, subject to the provisions ofthis Act, hold office for a term of three years: Provided that the Vice-Chancellor shall continue to hold office even after the expiry ofhis term, till new Vice-Chancellorjoins, but in any case, this period shall not exceed one year. (2) No person shall be appointed as Vice-Chancellor, unless he possesses such qualifications, as are specified by the University Grants Commission or its equivalent body, created or constituted by the Central Government. (3) The Vice—Chancellor shall be the overall in-charge of the University, who shall exercise general superintendence and control in the affairs ofthe University and shall execute the decisions ofvarious authorities ofthe University. (4) In case ofthe absence of the Visitor and the Chancellor, the Vice-Chancellor shall preside over the convocation ofthe University. (5) The Vice-Chancellor shall be appointed on such terms and conditions and shall exercise such powers and perform such functions, as may be prescribed.
11. The Executve Director
- (1) The Executive Director shall be appointed by the Chancellor on such terms and conditions, as may be prescribed. (2) In the absence ofthe Vice—Chancellor, the Executive Director shall be the chairperson of the Finance Committee and shall exercise such other powers and perform such duties, as may be prescribed.
12. The Registrar
- (1) The Registrar shall be appointed by the Chancellor from amongst the panel of three persons recommended by the Governing Body. (2) No person shall be appointed as Registrar, unless he possesses such qualifications as are specified by the University Grants Commission or its equivalent body created or constituted by the Central Government. (3) All contracts shall be signed and all documents and records shall be authenticated by the Registrar for and on behalf ofthe University. (4) The Registrar shall be the Member-Secretary ofthe Governing Body, the Board of Management and the Academic Council but he shall not have the right to vote. (5) The Registrar shall exercise such other powers and perform such otherfunctions, as may be prescribed.
13. The Chief Finance and Accounts Officer
- (1) The Chief Finance and Accounts Officer shall be appointed by the Chancellor in such manner, as may be prescribed. (2) No person shall be qualified to be appointed as ChiefFinance and Accounts Officer, unless he is a Chartered Accountant. (3) The Chief Finance and Accounts Officer shall exercise such powers and perform such functions, as may be prescribed.
14. Other officers
- (1) The University may appoint such other officers, as it may deem necessary for its smooth functioning. (2) The manner of appointment of such other officers of the University and their powers and functions shall be such, as may be prescribed.
15. Authorities of the University
The following shall be the authorities ofthe University, namely:- (i) the Governing Body; (ii) the Board of Management; (iii) the Academic Council; (iv) the Finance Committee; and (v) such other authorities, as may be declared by the statutes to be the authorities ofthe University.
16. The Governing Body
- (1) The Governing Body shall consist of the following persons, namely:- (i) the Chancellor - Chairman; (ii) the Vice-Chancellor - Member; (iii) three persons nominated by the Society, out ofwhom two shall be eminent educationists - Members; (iv) one expert of management or information technology from outside the University nominated by the Chancellor - Member; (v) one expert of finance, nominated by the Chancellor - Member; (vi) the Executive Director - Member; and (vii) the Secretary to Govemment of Punjab, Department of Higher Education or his representative not below the rank of Joint Secretary - Member. (2) The Governing Body shall be the supreme body of the University. It shall perform the following functions, namely:- (i) to provide general superintendence and to give directions for-controlling the functioning of the University in accordance with the statutes, the ordinances and the regulations;
17. The Board of Management
- (1) The Board of Management shall consist of the following members, namely:- (i) the Chancellor or his nominee; Chairperson (ii) the Vice-Chancellor; Member (iii) the Executive Director; Member (iv) two members of the Governing body nominated by the Society; Members (v) the Director of the concerned Directorate relating to education as representative of the State Government; Member (vi) three persons, who are not the members of the Society, nominated by the Society; Members (vii) two persons from amongst the teachers, nominated by the Society; and Members (viii) two teachers, nominated by the Vice-Chancellor. Members (2) The powers and functions of the Board of Management shall be such as may be prescribed. (3) The Board of Management shall meet at least twice in a calendar year. (4) The quorum for meeting of the Board of Management shall be five.
18. The Academic Council
- (1) The Academic Council shall consist of the following members, namely:- (i) the Vice-Chancellor; Chairperson (ii) one eminent academician nominated by the State Government as its representative; and Member (iii) such other members as may be prescribed. Members (2) The Academic Council shall be the principal academic body of the University and it shall, subject to the provisions of this Act, the statutes, the ordinances and the regulations, coordinate and exercise general supervision over the academic policies of the University. (3) The quorum for meeting of the Academic Council shall be such, as may be prescribed.
19. The Finance Committee
- (1) The Finance Committee shall consist of the following members, namely:- (i) the Vice-Chancellor; Chairperson (ii) the Executive Director; Member (iii) the Registrar; Member (iv) two persons from amongst the Heads of Departments by rotations; Members (v) two persons nominated by the Chancellor out of which one shall be a financial expert; and Member (vi) the Chief Finance and Accounts Officer. Member Secretary
20. Functions of the Finance Committee
- (1) The Chief Accounts and Finance Officer shall get the annual budget of the University prepared alongwith the requisite documents and submit the same to the Finance Committee for its approval. The Chief Accounts and Finance Officer shall also get the accounts of the annual income and expenditure of the University prepared and get the same audited from the Chartered Accountant so appointed by the Finance Committee in this regard. (2) The budget approved by the Finance Committee alongwith the note with regard to the audit of income and expenditure of the University, referred to in sub-section (1), shall be placed before the Chancellor for its approval. (3) The Finance Committee shall tender advice to the Chancellor on financial matters of the University.
21. Other authorities
The constitution, powers and functions of authorities under clause (v) of section 15 of this Act shall be such, as may be provided in the statutes.
22. Disqualifications for membership of an authority or body
A person shall be disqualified for being a member of any of the authorities or body of the University, if he,- (i) is of unsound mind and stands so declared by a competent court; or (ii) is an un-discharged insolvent; or (iii) has been convicted of any offence involving moral turpitude; or (iv) has been punished for indulging in or promoting unfair practice in the conduct of any examination in any form.
23. Acts or proceedings not to be invalidated due to vacancies
No act done, or proceedings taken, under this Act by any authority or other body of the University shall be invalid merely on the ground of,- (a) any vacancy or defect in the constitution of the authority or body; or (b) any defect or irregularity in nomination or appointment of a person acting as member thereof; or (c) any defect or irregularity in such act or proceeding not affecting the merits of the case.
24. Filling up of emergent vacancies
If any vacancy occurs in any authority or body of the University due to death, resignation or removal of a member or due to change of capacity in which he was appointed or nominated, shall be filled in as early as possible by the authority or body, which had appointed or nominated such a member: Provided that the person so appointed or nominated as a member of any authority or body of the University on an emergent vacancy, shall remain member of such authority or body only for the remaining tenure of the member, in whose place he is appointed or nominated, as the case may be.
25. Committees
The authorities or officers of the University may constitute such committees, as may be necessary for performing specific tasks by such committees. The constitution of such committees and their duties shall be such, as may be prescribed.
26. Power to make statutes
- (1) The Governing Body may, from time to time, make statutes or may amend or repeal the same. (2) The statute or any amendment made therein or repeal thereof, shall require the approval of the Chancellor. (3) Subject to the provisions of this Act, the statutes may provide for the following matters, namely:- (i) the constitution, powers and functions of the authorities and other bodies of the University, as may be constituted from time to time; (ii) the terms and conditions of appointment of the Vice-Chancellor and his powers and functions; (iii) the manner, terms and conditions of appointment of the Registrar, the Executive Director and the Chief Finance and Accounts Officer and their powers and functions; (iv) the manner, terms and conditions of appointment of other officers and teachers and their powers and functions; (v) the terms and conditions of service of the employees of the University; (vi) the procedure for arbitration in case of dispute between University, officers, teachers, employees and students; (vii) the conferment of honorary degrees; (viii) the exemption of students from payment of tuition fee and for awarding them scholarships and fellowships; (ix) the policy of admissions, including regulation of reservation of seats; (x) the number of seats in different courses; and (xi) all other matters for which statutes are required to be made under this Act. (4) After the approval of the Chancellor, the statutes of the University shall be submitted to the State Government for its approval. (5) The State Government shall consider the statutes submitted by the University and shall give its approval without or with such modifications, if any, as it may deem necessary and return the statutes to the University. (6) The University shall, with the approval of the Governing Body, communicate its concurrence to the statutes as approved by the State Government, and if it desires not to give effect to any or all of the modifications made by the State Government, it may give reasons therefor. (7) After the statutes are finally approved by the State Government, these shall be published in the Official Gazette of the University. (8) The statutes so made, shall not be amended without the approval of the State Government.
27. Power to make ordinances
- (1) The Governing Body may, from time to time, make ordinances or may amend, or repeal the same. (2) Every ordinance or any amendment made therein or repeal thereof, shall require the approval of the Chancellor. (3) Subject to the provisions of this Act, the ordinances may provide for the following matters, namely:- (i) the admission of students to the University and their enrolment as such; (ii) the courses of study to be laid down for the degrees, diplomas and certificates of the University; (iii) the degrees, diplomas, certificates and other academic distinctions, to be awarded by the University, the qualifications for the same and the procedure, to be adopted for granting and obtaining the same; (iv) the fees to be charged for the various courses of study in the University and its affiliated institutions and for admission to the examinations for degrees, diplomas and certificates of the University; (v) the conditions for the award of fellowships, scholarships, studentships, exhibitions, medals and prizes; (vi) the conduct of examinations, including the terms of office, the manner of appointment and the duties of the examining bodies, examiners and moderators; (vii) the maintenance of discipline among the students of the University; (viii) the conditions of hostel facilities for students at the University; (ix) the emoluments, terms and conditions of service of teachers and employees of the University; (x) the management of colleges and other institutions founded or maintained by the University; (xi) the supervision and inspection of colleges and other institutions admitted to the privileges of the University; and (xii) all other matters which under this Act or the statutes are required to be provided by the ordinances. (4) After the approval of the Chancellor, the ordinances of the University shall be submitted to the State Government for its approval.
28. Power to make regulations.
Any authority of the University may make regulations consistent with the provisions of this Act, the statutes and the ordinances for,-
- (i) laying down the procedure to be observed at its meetings and the number of members required to form a quorum;
- (ii) giving notice to its members of the dates of meetings and the business to be considered at meetings, and for keeping the record of the proceedings of the meetings; and
- (iii) providing for all matters, which by this Act, the statutes or the ordinances, are to be provided by the regulations.
29. University to follow rules, regulations etc. of the Regulatng Bodies.
- (1) The University shall be prohibited from conferring any degrees, not recognized by the University Grants Commission or its equivalent body constituted by the Central Government.
- (2) It shall be mandatory for the University to follow the University Grants Commission (Establishment and Maintenance of Standards in Private Universities) Regulations, 2003, or any other regulations made for Private Universities by the University Grants Commission or other Regulatory Bodies.
30. General Fund.
- (1) The University shall have General Fund to which shall be credited,-
- (a) fees and other charges received by the University;
- (b) any income received from consultancy and other work undertaken by the University; and
5(xix). Powers and functions
to frame statutes, ordinances and regu1ations for carrying out the objects ofthe University;
5(xviii). Powers and functions
acceptable terms and conditions in respect of industty, business and allied subjects;
5(xx). Powers and functions
to encourage and promote extra-curricular activities for personality development of the teachers, students and employees ofthe University;
5(xxi). Powers and functions
to provide for dual degree, diplomas or certificates vis-a-vis other universities on reciprocal basis;
5(xxii). Powers and functions
to set-up constituent colleges, institutions, off-campus centres, off-shore centres and zonal or regional centres, study centres, leaming centres (by whatever name these may be called), as per the guidelines ofthe University Grants Commission;
5(xxiii). Powers and functions
to purchase, acquire and take on lease or mortgage and sell, lease, mortgage, alienate and transfer any immovable or movable property ofthe University;
5(xxiv). Powers and functions
to admit Indian students, Persons of Indian Origin, Non-resident Indian and Foreign National and to prescribe the fee structure and receive fee for various categories of students in 1ndian and Foreign Currencies;
5(xxv). Powers and functions
to seek collaboration with other institutions and Universities in India and abroad on mutually acceptable terms and conditions;
5(xxvi). Powers and functions
to determine salaries, remunerations, honoraria to teachers and employees ofthe University in accordance with the norms specified by the University Grants Commission;
5(xxvii). Powers and functions
to do self-certification and start new courses, which shall be exempted from obtaining any permission, approval, license, certificate, no objection certificate, authorimtion, or any other document from the State Government, any state University or any other body, set up by the State Government under any State Ordinance; and
5(xxviii). Powers and functions
to take all such measures and to perform all such functions as may be necessary or desirable in furtherance to the objects ofthe University.
27(5)-27(8). Ordinances (Contd.)
- (5) The State Government shall consider the ordinances submitted by the University and shall give its approval without or with such modifications, if any, as it may deem necessary and return the same to the University.
- (6) The University shall, with the approval of the Governing Body, communicate its concurrence to the ordinances as approved by the State Government, and if it desires not to give effect to any or all of the modifications made by the State Government, it may give reasons therefor.
- (7) After the ordinances are finally approved by the State Government, these shall be published in the Official Gazette of the University.
- (8) The ordinances so made, shall not be amended without the approval of the State Government.
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