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Shoolini University of Biotechnology and Management Sciences (Establishment and Regulation) Act, 2009

(Himachal Pradesh Act No. 20 of 2009)

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(a) "Board of Management" means the Board of Management constituted under section 19;

(b) "campus" means the area of University within which it is established;

(c) "distance education" means education imparted by combination of any two or more means of communication, viz. broadcasting, telecasting, correspondence courses, seminars, contact programmes and any other such methodology;

(d) "employee" means any person appointed by the University and includes teachers and other staff of the University;

(e) "fee" means monetary collection made by the University or its colleges, institutions or study centers, as the case may be, from the students by whatever name it may be called, which is not refundable;

(f) "Government" means the Government of Himachal Pradesh;

(g) "Governing Body" means the Governing Body constituted under section 18;

(h) "higher education" means study of a curriculum or course for the pursuit of knowledge beyond 10+2 level;

(i) "hostel" means a place of residence for the students of the University, or its colleges, institutions and study centres, established or recognized to be as such by the University;

(j) "notification" means a notification published in the Official Gazette;

(k) "off campus centre" means a centre of the University established by it outside the main campus operated and maintained as its constituent unit, having the University's complement of facilities, faculty and staff;

(l) "Official Gazette" means the Rajpatra of Himachal Pradesh;

(m) "prescribed" means prescribed by rules made under this Act;

(n) "regulating body" means a body established by the Central Government for laying down norms and conditions for ensuring academic standards of higher education, such as University Grants Commission, All India Council of Technical Education, National Council of Teacher Education, Medical Council of India, Pharmaceutical Council of India, National Council of Assessment and Accreditation, Indian Council of Agriculture Research, Distance Education Council, Council of Scientific and Industrial Research etc. and includes the Government;

(o) "section" means a section of this Act;

(p) "sponsoring body" means Foundation for Life Sciences and Business Management, Solan, Himachal Pradesh, registered under the Societies Registration Act, 1860 (21 of 1860);

(q) "State" means State of Himachal Pradesh;

(r) "statutes", "ordinances" and "regulations" mean respectively, the statutes, ordinances and regulations of the University made under this Act;

(s) "student" means a person enrolled in the University for taking a course of study for a degree, diploma or other academic distinction instituted by the University, including a research degree;

(t) "study centre" means a centre established and maintained or recognized by the University for the purpose of advising, counseling or for rendering any other assistance required by the students in the context of distance education;

(u) "teacher" means a Professor, Reader, Lecturer or any other person required to impart education or to guide research or to render guidance in any form to the students for pursuing a course of study of the University; and

(v) "University" means Shoolini University of Biotechnology and management Sciences, Solan, Himachal Pradesh.

(a) to provide instructions, teaching and training in higher education with a view to create higher levels of intellectual abilities;

(b) to establish facilities for education and training;

(c) to carry out teaching, research and offer continuing education programmes;

(d) to create centres of excellence for research and development relevant to the needs of the State and for sharing knowledge and its application;

(e) to establish campus in the State;

(f) to establish examination centres;

(g) to institute degrees, diplomas, certificates and other academic distinctions on the basis of examination or any such other method; while doing so, the University shall ensure that the standards of degrees, diplomas, certificates and other academic distinctions are not lower than those laid down by regulating bodies; and

(h) to set-up off campus centres, subject to applicable rules or regulations.

(i) to make provisions and adopt all measures (including adoption and updating of the curricula) in respect of study, teaching and research, relating to the courses through traditional as well as new innovative modes including on-line education mode;

(ii) to institute and confer degrees, diplomas, certificates, awards, grades, credits and academic distinctions;

(iii) to conduct and hold examinations;

(iv) to provide for the degrees, diplomas, certificates, equivalent or corresponding to the degrees, diplomas, certificates of other recognized Universities, Boards or Councils;

(v) to take all necessary measures for setting up campuses;

(vi) to set up central library, departmental libraries, museums and allied matters;

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(viii) to institute and award fellowships, scholarships, studentships as may be specified;

(ix) to take special measures for spreading educational facilities among the educationally backward strata of the Society;

(x) to encourage and promote sports and martial arts;

(xi) to create technical, administrative, ministerial and other necessary posts and to make appointments thereto;

[(xi-a) the sponsoring body/university shall appoint full time regular employees for the university and the salary of the employees shall be deposited in the bank account of the employees every month;]

(xii) to undertake research projects on mutually acceptable terms and conditions in respect of agriculture, industry and business;

(xiii) to provide consultancy services;

(xiv) to frame statutes, ordinances and regulations for carrying out the objects of the University in accordance with the provisions of this Act;

(xv) to encourage and promote co-curricular activities for personality development of the teachers, students and employees of the University;

(xvi) to provide for dual degrees, diplomas or certificates vis-a-vis other Universities on reciprocal basis within and outside the country as per instructions of the State Government, Government of India and University Grants Commission;

(xvii) to make such provisions for integrated courses in different disciplines in the educational programmes of the University;

[(xviii) to set-up colleges, institutions, off-campus centres, off-shore campus, study centres or to start distance education, after fulfilling the norms and regulations of the Central Government Regulatory Bodies and Central Government, issued from time to time, and after obtaining the specific approval of the State Government;]

(xix) to receive donations, gifts and grants [except from parents and students] and to acquire, hold, manage and dispose of any property, movable or immovable, including trust or endowed property within and outside Himachal Pradesh for the purpose and objects of the University and to invest funds in such manner as the University thinks fit;

(xx) to prescribe the fee structure for various courses from time to time as per provisions of this Act;

(xxi) to demand and receive payments of such fees and other charges as may be specified from time to time;

(xxii) to seek collaboration with other institutions on mutually acceptable terms and conditions;

(xxiii) to determine salaries, remunerations, honoraria to teachers and employees of the University in accordance with the norms, specified by the University Grants Commission and the other regulatory bodies;

(xxiv) to organize and to undertake extra-mural teaching and extension services;

(xxv) to establish and maintain Halls and Hostels;

(xxvi) to recognize, supervise and control Halls and Hostels not maintained by the University and other accommodation for the residence of the students and to withdraw any such recognition;

(xxvii) to regulate and enforce discipline among students and employees of the University and to take such disciplinary measures as may be deemed necessary;

(xxviii) to make arrangements for promoting health and general welfare of the students and the employees of the University;

(xxix) to co-operate with any other University in and outside the country, authority or any public or private body having in view the promotion of purposes and objects similar to those of the University, for such purposes as may be agreed upon, on such terms and conditions as may from time to time, be specified;

(xxx) to provide for the printing, reproduction and publication of research and other work, including text books, which may be issued by the University; and

(xxxi) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University.

(a) fees and other charges received by the University;

(b) any contribution made by the sponsoring body;

(c) any income received from consultancy and other works undertaken by the University;

(d) bequests, donations, [except from parents and students] endowments and any other grants; and

(e) all other sums received by the University.

(a) for the payment of salaries and allowances of the employees of the University and members of the teaching and research staff, and for payment of any Provident Fund contributions, gratuity and other benefits to such officers and employees;

(b) for the expenses to be incurred by the University for services availed including services like electricity, telephone etc.;

(c) for the payment of taxes or local levies wherever applicable;

(d) for up keeping of the assets of the University;

(e) for the payment of debts including interest charges thereto incurred by the University;

(f) for the payment of traveling and other allowances to the members of the Governing Body, the Board of Management and the Academic Council etc.;

(g) for the payment of fellowships, free-ships, scholarships, assistant-ships and other awards to students belonging to economically weaker sections of the society or research associates or trainees, as the case may be, or to any student otherwise eligible for such awards under the statutes, ordinances, regulations or rules made under this Act;

(h) for the payment of the cost of audit of the funds created under sections 8 and 9;

(i) for the meeting of expenses of any suit or proceedings to which University is a party;

(j) for the purpose of movable and immovable assets;

(k) for the payment of any expenses incurred by the University in carrying out the provisions of this Act or the statutes, ordinances, regulations or rules made thereunder; and

(l) for the payment of any other expenses as approved by the Board of Management to be an expense for the purposes of the University:

(i) the Chancellor;

(ii) the Vice-Chancellor;

(iii) the Registrar;

(iv) the Chief Finance and Accounts Officer; and

(v) such other persons in the service of the University as may be declared by the statutes to be the officers of the University.

(a) to call for any information or record;

(b) to appoint the Vice-Chancellor;

(c) to remove the Vice-Chancellor in accordance with the provisions of sub-section (7) of section 13; and

(d) such other powers as may be specified by the statutes.

(i) the Governing Body;

(ii) the Board of Management;

(iii) the Academic Council; and

(iv) such other authorities as may be declared by the statutes to be the authorities of the University.

(a) the Chancellor;

(b) the Vice-Chancellor;

(c) five persons, nominated by the sponsoring body out of whom two shall be eminent educationists;

(d) one expert of management or information technology from outside the University, nominated by the Chancellor;

(e) two persons, nominated by the Government; and

(f) two members of the State Legislative Assembly, to be elected by the State Legislature.

(a) to provide general superintendence and directions and to control functioning of the University by using all such powers as are provided by this Act or the statutes, ordinances, regulations or rules made thereunder;

(b) to review the decisions of other authorities of the University in case they are not in conformity with the provisions of this Act or the statutes, ordinances, regulations or rules made thereunder;

(c) to approve the budget and annual report of the University;

(d) to lay down the policies to be followed by the University;

(e) to recommend to the sponsoring body about the voluntary liquidation of the University if a situation arises when smooth functioning of the University does not remain possible, in spite of all efforts; and

(f) such other powers as may be prescribed by the statutes.

(a) the Vice-Chancellor;

(b) two members of the Governing Body, nominated by the sponsoring body;

(c) three persons, who are not the members of the Governing Body, nominated by the sponsoring body; and

(d) three persons from amongst the teachers, nominated by the sponsoring body.

(a) is of unsound mind and stands so declared by a competent court; or

(b) is an undischarged insolvent; or

(c) has been convicted of any offence involving moral turpitude; or

(d) is conducting or engaging himself in private coaching classes; or

(e) has been punished for indulging in or promoting unfair practice in the conduct of any examination, in any form, anywhere.

(a) the constitution, powers and functions of the authorities and other bodies of the University as may be constituted from time to time;

(b) the terms and conditions of appointment of the Vice-Chancellor and his powers and functions;

(c) the manner of appointment and terms and conditions of service of the Registrar and Chief Finance and Accounts Officer and their powers and functions;

(d) the manner of appointment and terms and conditions of service of the employees and their powers and functions;

(e) the terms and conditions of service of employees of the University;

(f) the procedure for arbitration in case of disputes between employees, students and the University;

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(h) the provisions regarding exemption of students from payment of tuition fee and for awarding to them scholarships and fellowships;

(i) provisions regarding the policy of admissions, including regulation of reservation of seats;

(j) provisions regarding fees to be charged from the students; and

(k) provisions regarding number of seats in different courses.

(a) creation of new authorities of the University;

(b) accounting policy and financial procedure;

(c) representation of teachers in the authorities of the University;

(d) creation of new departments and abolition or restructuring of existing department;

(e) institution of medals and prizes;

(f) creation of posts and procedure for abolition of posts;

(g) revision of fees;

(h) alteration of the number of seats in different syllabi; and

(i) all other matters which under the provisions of this Act are to be specified by the statutes.

(a) the admission of students to the University and their enrolment as such;

(b) the courses of study to be laid down for the degrees, diplomas and certificates of the University;

(c) the award of the degrees, diplomas, certificates and other academic distinctions, the minimum qualifications for the same and the means to be taken relating to the granting and obtaining of the same;

(d) the conditions for awarding of fellowships, scholarships, stipends, medals and prizes;

(e) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators;

(f) fees to be charged for the various courses, examinations, degrees and diplomas of the University;

(g) the conditions of residence of the students in the hostels of the University;

(h) provision regarding disciplinary action against the students;

(i) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;

(j) the manner of co-operation and collaboration with other universities and institutions of higher education; and

(k) all other matters which by this Act or statutes made thereunder are required to be provided for by the ordinances.

(a) sufficient for generating-

(i) resources for meeting the recurring expenditure of the University; and

(ii) the savings required for the further development of the University; and

(b) not unreasonably excessive.

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any such document or any other material as may be predicable in evidence;

(c) requisitioning any public record from any court or office; and

(d) any other matter which may be prescribed.

(a) matter to be prescribed under clause (d) of sub-section (4) of section 42; and

(b) other matters which are required to be, or may be, prescribed by rules under this Act.