Bare Acts Live

Himalayan Garhwal University Act, 2016

(Uttrakhand Act No. 33 of 2016)

Last Updated 12th March, 2020 [utr104]

Chapter - 1

Preliminary

(a) " Academic Council" means the Academic Council of the University;

(b) " Authorities" means Authorities of the University;

(c) " Board of Governors" means the Board of Governors of the university;

(d) "Board of Management" means the Board of Management of the University

(e) " Board of studies" means the Board of Studies of the University;

(f) "Board of Examination" means Board of examination of the University

(g) "Chancellor", Pro- Chancellor, " Vice Chancellor", " Pro Vice Chancellor", "Registrar", "Controller of Examinations", and "Finance Officer" respectively means the "Chancellor", Pro-Chancellor, "Vice Chancellor", "Pro Vice Chancellor", "Registrar", "Controller of Examination" and "Finance Officer" of the university;

(h) "Campus" means the campus of the University;

(i) "Constituent College" means a college or institution maintained by the University;

(j) "Career Academy Centre" Means Such centre which is established, conducted and recognized by the University for the purposes of acceptance of the e-mails, internet, interactive talk, training, lectures, conduct of seminar and workshops, guidelines, consultation or any type of necessary help for students;

(k) "Director" of the campus or principal/ Dean regarding constituent college means the Head of that campus or Constituent college and where there is no Director/ Principal/ Dean appointed, any other person for the time begin appointed is also included;

(l) "Distance Education System" means the system of imparting education within the State through any means of information technology and communication such as multimedia, Broadcasting, telecasting, online over internet, other interactive methods, e-mails, internet, computer, interactive talk, e-learning, correspondence courses, seminars, contact Programmes or a combination of any two or more of such means;

(m) "Deposits" means collection made by the University from the students under the name Deposits, Which is refundable;

(n) "Dean of Faculty" Means the Dean of Faculty of the university

(o) "Department" Means a Department (Academic Unit) of a college teaching and undertaking research in a subject or a group of subjects;

(p) "Employee" means employee appoint by the University; and includes teachers and other staff of the University or of Constituent College;

(q) "Finance Committee" Means Finance Committee of the university;

(r) "Faculty" means faculty of the University;

(s) "Fee" means collection made by the University from the students under the name Fee, which is not refundable;

(t) "Government" means the state Government of Uttarakhand;

(u) "Hall" or "Hostel" means a unit for residence for students maintained or recognized by the university or constituent college;

(v) "Jan Kalyan Educational Trust", Branch Office Dehradun means a trust registered under the Indian Trusts Act, 1882, having registered office at 13, Naveen park, Sahibabad, Ghaziabad;

(w) "Promoting Trust" means "Jan Kalyan Educational Trust" registered under the Indian Trusts Act,1882;

(x) "Prescribed" means Prescribed by the statutes;

(y) "permanent Resident" means any resident of the state who has the valid domicile/ permanent resident certificate issued by the prescribed authority as per the rules framed by the State Government for time to time.

(z) "Regional Centre" means a centre established or maintained by the university for the purpose of co-ordinating and supervising the work of study Centres in any region and for performing such other functions as may be conferred on such centre by the board of management.

(aa) "State" means State of Uttarakhand;

(bb) "Statutes", "Rules" and "Ordinance" means, respectively, the "Statutes", "Rules" and "Ordinance" of the university made under this Ordinance;

(cc) "Study Centre" means a centre established, maintained or recognized by the University for the purpose of advising, counselling or for rendering and other assistance required by the students;

(dd) "Teacher" means a Professor/ Dean, Associate Professor, Assistant Professor/ Lecturer or such other person as may be appointed for imparting instruction or conducting research in the University or in constituent Colleges and Institute and includes the Principal/ Dean of the Constituent College.

(ee) "UGC" means the university Grants Commission established under the University Grants Commission Act,1956;

(ff) "University" means "Himalayan Garhwal University", Block Pokhra, Pauri Garhwal, Uttarakhand under this Ordinance;

(gg) "Bodies" means the bodies of the university constituted by the relevant authorities;

(hh) "Visitor" means the Visitor of the University.

Chapter - 2

The University and its Objects

(a) The objects of the university along with the details of Promoting Trust;

(b) The extent and status of the university and the availability of land;

(c) The nature and type of programs of study and research to be undertaken in the University during a period of the next five years;

(d) The nature of faculties, courses of study and research proposed to be started;

(e) The campus development such as buildings, equipment and structural amenities;

(f) The phased outlays of capital expenditure for a period of the next five years;

(g) The item-wise recurring expenditure, source of finance and estimated expenditure for each student;

(h) The scheme for mobilizing resource and the cost of capital thereto and the manner of repayments to each source;

(i) The scheme of generation of funds internally through the recovery of fee from students, revenues anticipated from consultancy and other activities relating to the objects of the University and other anticipated incomes;

(j) The details of expenditure on unit cost, the extent of concessions or rebate in fee, free ship and scholarship for students who are permanent resident of the state and the fee structure indicating varying rate of fee, if any, that would be levied on non resident Indians and students of other nationalities;

(k) The years of experience and expertise in the concerned discipline at the command of promoting Trust as well as the detail of financial resources;

(l) The system for selection of students to the course of study at the university;

(m) Status of fulfilment of such other conditions as may be required by the state Government to be fulfilled before the establishment of the University.

(b) However, to establish new faculties where additional land would be required as per norms of the concerned regulatory body, the university shall establish a split campus either adjoining or nearby within entire region of Pauri Garhwal.

(a) To provide instructions, teaching, training and research in all disciplines pertaining to Technical Education, Higher Education, Humanities & Social Sciences , Commerce, Science, Computer Science, Agriculture Science, Management, Poultry Husbandry and Animal Feed, Horticulture, Paramedical Science, Nursing, Law Education, Mass Communication and Journalism, Teaching Education, Hotel Management, Pharmacy and other areas of education;

(b) To establish campuses or Constituent Colleges of Technical education, Higher education, Humanities & Social Sciences, Commerce, Science, Computer Science, agriculture Science, management, poultry husbandry and animal feed, Horticulture, Paramedical science, Nursing, Law Education, Mass Communication and Journalism, Teaching Education, Hotel Management, Pharmacy and other areas of education for offering certificate, Diploma, Graduate Degree, post graduate degree and Doctoral degree which would be as nominated by the university Grant Commission but the University shall, have the right to start other diploma and certificate course in furtherance of its Objectives.

(c) To establish a Constituent Centre for Continuing Education to Provide instruction through the distance learning methodology for the courses mentioned in Programs as given in clause(b) above, as per the guidelines of concern council.

(d) To establish examination centres;

(e) To institute degree, diplomas, certificates, and other academic distinctions on the basis of examination, or any other such method;

(f) To establish research and development centre to promote research and innovation in the Technical Education, Higher Education, Humanities & Social Sciences , Commerce, Science, Computer Science, Agriculture Science, Management, Poultry Husbandry and Animal Feed, Horticulture, Paramedical Science, Nursing, Law Education, Mass Communication and Journalism, Teaching Education, Hotel Management, Pharmacy and other areas of education through Seminars, conference, workshops, educational programmes, community development program, publications, training programmes, and study groups etc;

(g) To undertake extra-mural studies, extension programmes and field outreach activities to contribute to the development of the society;

(h) To pursue any other objective as may be approved by the Board of Governors within the rules of the State Government and UGC.

(i) Under the university-industry interlinked programme, for the skills development of the students, the university will collaborate in internship and placement programme with various Industrial Institutions both at national and international level and with its experienced faculty, the university will offer teaching & training to the persons working with the Industrial Houses and shall provide aid and assistance in consultancy services and R&D activities.

(j) For the growth and development of economically and socially deprived class, the university will offer pre university course, which shall provide such students a chance to enter in main-stream.

(a) To provide for instructions in all disciplines pertaining to Technical Education, Higher Education, Humanities & Social Sciences , Commerce, Science, Computer Science, Agriculture Science, Management, Poultry Husbandry and Animal Feed, Horticulture, Paramedical Science, Nursing, Law Education, Mass Communication and Journalism, Teaching Education, Hotel Management, Pharmacy and other areas of education and to make provision for research and for the advancement and dissemination of knowledge;

(b) To carry out all such other activities as may be necessary or feasible in furtherance of the objects of the University;

(c) To hold examination for, and to institute grant and confer degrees or other academic distinctions to, and on persons, who:

(I) Have pursued a course of study in the university or in a constituent College or through its distance education system at regional centre/ study Centre/ Career Academy Centre/ Information centre; or

(II) Have carried on research in the university or in a constituent body or under its distance education centre;

(d) To confer honorary degree or other academic distinctions in the manner and under conditions laid down in the statutes/ Provisions;

(e) To institute and award fellowships, scholarships and prize etc. In accordance with the statutes;

(f) To demand and receive such fees, deposits, bills, invoices and collect charges as may be fixed by the statutes or rules, as the case may be;

(g) To establish, maintain and recognize such Regional centres and study Centres as may be determined by the university from time to time in the manner laid down by the statutes after the completion of five years of the university. In this regards the guidelines of the State Government and UGC as applicable from time to time shall be followed;

(h) To make provisions for the extracurricular activities for students and employees;

(i) To make appointments of faculty, officers and employee of the university or a Campus College, constituent College, Regional Centre, study centres, Research Centre, career Academy Centre;

(j) To receive donation and gifts of any kind and to acquire, hold, manage, maintain and dispose of any movable or immovable property, for the purpose of the university or a constituent College, Regional Centre, study centres, Research Centre, career Academy Centre with prior permission of the promoting trust;

(k) To institute and maintain halls/ Hostels and to recognize places of residence for students of the University or a Constituent College;

(l) To supervise and control the residence of students and to regulate the discipline among the students and all categories of employees and to lay down the conditions of service of such employees including their code of conduct;

(m) To create academic, administrative, and supporting staff and other necessary posts;

(n) To co-operate and collaborate with other Universities, institutions, Organisations, Individuals, Industries and societies in India and abroad in such a manner and for such purposes as the university may determine from time to time;

(o) To provide distant education system and the manner in which distance education in relation to academic programmes of the university may be organized;

(p) To organize and conduct refresher course, orientation courses, workshops, seminars and other programmes for teachers, lesson writers, evaluation and other academic staff;

(q) To determine standards of admission to the university or a constituent College, Regional Centre, study centres, with the approval of academic council;

(r) To make special provision for residents of Uttarakhand for admission in any course of the University or in a Constituent College, Regional Centre, Study Centre, Research Centre and Career Academic Centre;

(s) To prescribe such courses for Bachelor Degree; Post Graduate Degree, Doctor of Philosophy, Doctor of Science Degree and Research and to start Diploma, Certificates in Technical Education, Higher Education, Humanities & Social Sciences , Commerce, Science, Computer Science, Agriculture Science, Management, Poultry Husbandry and Animal Feed, Horticulture, Paramedical Science, Nursing, Law Education, Mass Communication and Journalism, Teaching Education, Hotel Management, Pharmacy other areas of education which would be covered by UGC and other Statutory bodies;

(t) To clearly set apart the academic activities of the University from the activities of the Promoting Trust;

(u) To provide for the preparation of instructional materials, including films, cassettes, tapes, video cassettes, CD, DVD, and other software's;

(v) To recognize examination of, or periods of study (whether in full or in part) of other Universities, Institutions or other place of higher learning and to withdraw such recognition at any time;

(w) To raise, collect, subscribe and borrow funds with the approval of the Board of Governors whether on the security of the property of the University, money for the purposes of the University;

(x) To enter into, carry out, amend or cancel contracts;

(y) To establish information center throughout the country of India and abroad and to do all such other acts or things whether incidental to the powers aforesaid or not, as may be necessary to further the objects of the University;

(z) To sue or be sued in its own name as a Legal Entity in any Court of Law, Tribunal or Authority through its authorized officer.

Chapter - 3

Officers of the University

(a) the Visitor;

(b) the Chancellor;

(c) the Pro-Chancellor;

(d) the Vice-Chancellor;

(e) the pro Vice-Chancellor;

(f) the Registrar;

(g) the sub-Registrar;

(h) the Deans of Faculties;

(i) the Finance Officer; and

(j) Such other officers as may be declared by the Statutes to be officers of the University.

(a) To call for information relating to the affairs of the University ;

(b) On the basis of the information received by the Visitor, if he is satisfied that any order, proceeding, or decision taken by any authority of the University is not in Conformity with the Decision, Act, Regulation, Statutes, or Rules, he may issue Such direction as he may deem fit in the interest of the University and the directions so issued shall be complied by all concerned.

(a) Chancellor;

(b) The Principal Secretary/ Secretary to the State Government in the Higher Education Department;

(c) Three nominees of the Board of Governors;

(d) One person nominated by the Promoting Society, who shall be the convener of the committee.

Chapter - 4

Authorities of the University

(a) The Board of Governors;

(b) The Board of Management;

(c) The Academic Council;

(d) The Finance Committee; and

(e) Such other authorities as may be declared by the Statutes to be authorities of the University.

(a) The Chancellor             -Chairman;

(b) The Vice-Chancellor   - Member Secretary;

(c) One Academicians nominated by the Visitor;

(d) Principal Secretary/ Secretary to the State Government in the Higher Education Department;

(e) five members nominated by the Promoting Trust;

(f) One member nominated by the Promoting Trust from reputed higher education institutions.

(g) One member nominated by the Promoting Trust from reputed industrial / corporate sector/ reputed practicing professionals.

(a) To lay down policies to be pursued by the University;

(b) To review decisions of the other authorities of the University if they are not in conformity with the provisions of this Ordinance, or the Statutes or the Rules;

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

(d) To make new or additional Statutes or amend or repeal the earlier Statutes and Rules;

(e) To take decision about voluntary winding up of the University;

(f) To approve proposals for submission to the State Government; and

(g) To take such decisions and steps as are found desirable for effectively carrying out the objects of the University.

(h) To appoint the statutory auditors of the university

(i) To appoint and authorised any person/ persons to open, close, operate and manage accounts of the university.

(a) The Pro Chancellors - special invitees

(b) The Vice-Chancellor -Chairman

(c) The Pro Vice-Chancellor, if any;

(d) One member nominated by the Chancellor;

(e) Five members, nominated by the Promoting Trust;

(f) Two professors of the University, by rotation as nominated by the Chancellor;

(g) Two Deans of the faculties by rotation as nominated by the Chancellor,

(h) Principal Secretary/ Secretary to the State Government of the Higher Education Department;

(i) The Registrar shall be non-member Secretary;

(a) the Vice-Chancellor -Chairman

(b) the Registrar - Secretary;

(c) such other members as may be prescribed in the Statutes.

(a) the Vice-Chancellor-

(b) the Finance Officer -Secretary;

(c) Principal Secretary/ Secretary to the State Government of the Higher Education Department;

(d) Four members nominated by the promoting trust.

Chapter - 5

Statutes and Rules

(a) Transaction of business of the Authorities of the University and procedure of constitution of such units, which is not specified in this Ordinance;

(b) The operation of the permanent endowment fund, the general fund and the development fund;

(c) The terms and conditions of appointment of the Vice-Chancellor, Pro Vice-Chancellor, Registrar, Sub Registrar and the Finance Officer and their powers and functions;

(d) The mode of recruitment and the conditions of service of the other officers, teachers and employees of the University;

(e) resolving disputes between the University and its officers, faculty members, employees and students;

(f) creation, abolition or restructuring of departments and faculties;

(g) the manner of co-operation and collaboration with other Universities including foreign University or institutions of higher learning;

(h) conferment of honorary degrees;

(i) grant of free ships and scholarships;

(j) number of seats in different courses of studies and the procedure of admission of students to such courses including reservation of seats for permanent resident of Uttarakhand;

(k) the fee chargeable from students for various courses of studies;

(l) institution of fellowships, scholarships, studentships, free ships, medals and prizes;

(m) creation and abolition of posts;

(n) disciplinary action against students/ employee of the University;

(o) other matters which may be prescribed and deemed necessary for framing of the Statutes.

(p) The power and functions of Chancellor;

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

(b) The courses of study to be laid down for all degrees and other academic distinctions of the University;

(c) The award of degree and other academic distinctions;

(d) The conditions of the award of fellowships, studentships, medals and prizes;

(e) The conduct of examinations and the conditions and mode of appointment and duties of examining bodies, examiners, invigilators, tabulators and moderators;

(f) The fee to be charged for admission to the examinations, degrees and other academic distinctions of the University;

(g) The conditions of residence of the students at the University or a Constituent College;

(h) Maintenance of dissidence of the students at the University or a Constituent College;

(i) The Fee and Deposits chargeable from students for various courses of studies;

(j) All other matters as may be provided in the Statutes and under the Ordinance.

Chapter - 6

Miscellaneous

(a) The first Vice-Chancellor and Pro-Vice Chancellor, if any shall be appointed by the Chancellor after due approval from the Board of Governors and the said officer shall hold office for a term of two years;

(b) The first Registrar and the first Finance Officer shall be appointed by the Chancellor after due approval from the Board of Governors who shall hold office for a term of three Years;

(c) The first Board of Governors shall hold office for a term not exceeding three years;

(d) The first Board of Management, the first Finance Committee and the first Academic Council shall be constituted by the Chancellor after due approval from the Board of Governors for a term of three years;

(a) all fees which may be charged by the University ;

(b) all sums received from any other source;

(c) all contributions made by the Promoting Trust;

(d) all contributions/donations made in this behalf by any other person or body, which are not prohibited by any law for the time being in force.

(a) development fees which may be charged from students;

(b) all sums received from any other source for the purposes of the development of the University;

(c) all contributions made by the Promoting Trust;

(d) all contributions/donations made in this behalf by any other person or body which are not prohibited by any law for the time begin in force;

(e) all incomes received from the permanent endowment fund.