The Guru Jambheshwar University Hisar Act, 1995 (17 of 1995)

1. (1) This Act may be called Guru Jambheshwar University of Science & Technology, Hisar Act, 1995. (2) It shall come into force on such date as the Government may, by notification* in the Official Gazette, appoint.

2. In this Act and in all the Statutes, Ordinances and Regulations made there under, unless the context otherwise requires,- (a) “College” means a college maintained by, or admitted to the privileges of, the University under this Act; (b) “employee” means any person appointed by the University, and includes teachers and all other staff of the University; (c ) “Government” means the Government of the State of Haryana; (d) “ institution” means an academic institution, not being a college, maintained by, or admitted to the privileges of the University; [(dd)] “Post Graduate Regional Centre” means a Post Graduate Regional Centre maintained by, or admitted to the privileges of the University under this Act; (e) “principal” means the head of a college, and includes, when there is no principal, a vice-principal duly appointed as such and in the absence of the principal or the vice-principal the person for the time being duly appointed to act as the principal; (f) “recognized teachers” means such persons as are approved by the University for the purpose of imparting instruction in a college or and institution admitted to the privileges of the University; (ff) “School” means the Haryana School of Business; (g) “Statutes”, “Ordinances” and “Regulations” means respectively the Statutes, Ordinances and Regulations of the University made under this Act; (h) “University” means Guru Jambheshwar University of Science & Technology, Hisar as incorporated under this Act; and (i) “University teachers” mean Professors, Associate Professors, Assistant Professors and such other persons as may be appointed for imparting instructions or conducting research in the University or in any college or institution maintained by the University and are designated as teachers by the Ordinances.

3.1 There shall continue to be a body corporate by the name of Guru Jambheshwar University of Science & Technology comprising of the Chancellor and the Vice-Chancellor of the University, and the members of the Court, the Executive Council and the Academic Council and all persons who may hereafter become or be appointed as such officers or members, so long as they continue to hold such office or membership. 2. The University shall have perpetual succession and common seal with power to acquire, hold and dispose of property and to contract, and may by the said name sue or be sued.

*[4. (1) The limits of the area within which the University shall exercise its powers, shall be such as the Government may, form time to time, by notification, ** specify: Provided that different areas may be specified for different faculties. (2) Notwithstanding anything contained in any other law for the time being in force, any college situated within the limits of the area specified under sub-section (1) shall, with effect from such date as may be notified in this behalf by the Government, be deemed to be associated with, and admitted to, the privileges of the University and shall cease to be associated in any way with, or be admitted to, the privileges of any other University, and different dates may be notified for different colleges: Provided that – (i) any student of any college, institute or Post Graduate Regional Centre, Sirsa, associated with, or admitted to, the other University before the said date, who was studying for any degree or diploma examination of that University shall be permitted to complete his course in preparation thereof and the University shall hold for such students examinations in accordance with the curricula of study in force in that University for such period as may be prescribed by the Statutes, Ordinances or Regulations; (ii) any such student may, until any such examination is held by the University, be admitted to the examination of the other University and be conferred the degree, diploma or any other privilege of that University for which he qualifies on the result of such examination].

5. (1) Notwithstanding any thing contained in this Act or any other law, for the time being in force, no person or institutions, other than the University, shall confer, grant or issue or hold himself or itself out as entitled to confer, grant or issue any degree, diploma or certificate in the specified areas of knowledge assigned to it within the territorial jurisdiction of the University which is identical with or is a colourable imitation of any degree, diploma or certificate conferred, granted or issued by the University. (2) Contravention of the provision of sub-section (1) shall be an offence and shall be dealt with as per rules laid down by the University in this regard keeping in view the orders and guidelines issued by the competent authorities and academic bodies such as the State Government and the University Grants Commission. (3) Where an offence under this section has been committed by an institution, every person Incharge of, and responsible to, the institution for the conduct of its business at the time of the commission of the offence, shall be deemed to be guilty of the offence and shall be liable to be proceeded against as per the University rules. (4) Notwithstanding anything contained in sub-section (3), where an offence under this section has been committed by an institution and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any partner, director, manager, secretary or other officer of the institution, such partner, director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: - For the purpose of the section institution means any body corporate and includes a firm or other association of individuals.

6. The University shall exercise the following powers and the following functions, namely:- *[(a) to provide facilities and promote studies and research in emerging areas of higher education, including new frontiers of technology, pharmacy, environmental studies, non-conventional energy sources and management studies and also to achieve excellence in these and connected fields; *(b) to hold examinations and grant degrees, diplomas and other academic distinctions or titles to persons in the fields of emerging areas of higher education, technology, pharmacy, management etc. as laid down in the Statutes, Ordinances or Regulations;] ( c) to confer honorary degrees or other distinctions on approved persons in the manner laid down in the Statutes; (d) to institute prizes, medals, research studentships, exhibitions and fellowships; (e) to receive gifts, donations or benefactions from the Government and to receive gifts, donations and transfers of movable or immovable property from transfers, donors, testators, as the case may be; and to create such corpus fund with the donations so received for the welfare of the University; (f) to institute principalships, professorships, readerships, lecturerships, and to create other posts of any description required by the University and to appoint persons to such posts; (g) to cooperate with educational and other institutions in India and abroad having objectives similar to those of the University in such manner as may be conducive to their common goals; (h) to provide instruction, including correspondence and such other courses, to such persons as are not members of the university, as it may determine; (i) to approve persons for imparting instruction in any college or institution admitted to the privileges of the University; *[(j) to maintain institutes, colleges of technology, pharmacy, management, Post Graduate Regional Centre, Sirsa etc. established by the university and to admit to its privileges, colleges or technology, pharmacy, management and colleges or institutes in the areas specified under sub-section (1) of section 4 and to disaffiliate colleges or institutes if they are not being run as per provisions of the Act, Statutes or Ordinances contained therein;] (k) to declare a college, an institution or a department as autonomous college or institution or department, as the case may be; (l) to borrow with the approval of the Government, on the security of the property of the University, money for the purposes of the University; (m) to supervise, control and regulate the residence, conduct and discipline of the students of the University and of colleges and institutions within the jurisdiction of the University; (n) to deal with any property belonging to, or vested in the University, in such manner as the University may deem fit for advancing the objects of the University; (o) to assess the needs of the State and the country in terms of subjects, fields of specialization, levels of education and training of technical manpower both on short and long term basis and to initiate necessary programmes to meet those needs; (p) to organize advanced studies and research programmes based on a deep understanding of the trends in engineering, technology, ** [pharmacy], management and in allied sciences so that the production will be ensured of men who are not only up-to-date but also will be able to provide the lead; (q) to promote research, design and development activities that have a relevance to social needs and the development programmes of the State; (r ) to initiate measures to enlist the cooperation of industries and Government employers to provide complementary facilities; (s) to provide for continuous experimentation in imparting knowledge, organization of training and preparation of text books and other instructional materials; (t) to arrange for progressive introduction of continuous evaluation and reorientation of the subjectives in educational measurement. (u) to further entrepreneurial ability among its students; (v) to educate the public with regard to the requirement of , and opportunities, in the profession of engineering, technology, management and allied sciences and its responsibilities and services to society.

7. The University shall be open to all persons irrespective of sex, race, creed, caste or class; and no test or condition shall be imposed as to religion, belief or profession in admitting or appointing members, students, teachers, workers, or in any other connection whatsoever and no beneficiation shall be accepted which in the opinion of the authorities of the University involves conditions or obligations opposed to the spirit and objectives of this provision: Provided that nothing contained in this section shall be deemed to prevent the University from making any special provisions in respect of weaker sections of the society and in particular Scheduled Castes and Scheduled Tribes.

8. All teaching in the University shall be conducted by and in the name of the University, in accordance with the Statutes, Ordinances and Regulations made in this behalf.

9. The following shall be the officers of the University, namely:- (i) the Chancellor; (ii) the Vice-Chancellor; (iii) the Registrar; (iii a)* the Director of Haryana School Business; and (iv) such other persons in the service of the University as may be declared by the Statutes to be officers of the University.

10. (1) The Governor of Haryana by virtue of his office shall be the Chancellor of the university. (2) The Chancellor shall be the head of the University. (3) The Chancellor shall, if present, preside over the convocation of the University for conferring degrees and over the meetings of the Court. (4) The Chancellor shall have the right:- (i) to cause an inspection to be made, by such person or persons as he may direct, of the University, its buildings, laboratories and equipment and of any college or institution maintained by the University and also of the examinations, teaching and other work conducted or done by the university; and (ii) to cause an inquiry to be made in like manner in respect of any matter connected with the administration of finances of the university, colleges or institutions. (5) The Chancellor shall, in every case, give notice to the university of his intention to cause an inspection or inquiry to be made and on receipt of such notice, the university shall have the right to make such representation to the Chancellor as it may consider necessary. (6) After considering the representation, if any, made by the University, the Chancellor may cause to be made such inspection or inquiry as is referred to in sub-section (4). (7) Where any inspection or inquiry has been caused to be made by the Chancellor, the university shall be entitled to appoint a representative who shall have the right to be present and to be heard at such inspection or inquiry. (8) The Chancellor may, if the inspection or inquiry is made in respect of the University or any college or institution maintained by it, address the Vice-Chancellor with reference to the result of such inspection or inquiry and the Vice-Chancellor shall communicate to the Executive Council the views of the Chancellor and the action to be taken thereon as advised by the Chancellor. (9) The Executive Council shall communicate through the Vice-Chancellor to the Chancellor such action, if any, as it proposes to take or has taken upon the result of such inspection or inquiry. (10) Where the Executive Council does not, within a reasonable time, take action to the satisfaction of the Chancellor, the Chancellor, may, after considering any explanation furnished or representation made by the Executive Council, issue such directions as he may think fit and the Executive Council shall comply with such directions. (11) Without prejudice to the foregoing provisions of this section, the Chancellor, may by order in writing, annul any proceedings of the University, which are not in conformity with this Act, the Statutes or the Ordinances; Provided that before making any such order he shall call upon the University to show cause why such an order should not be made, and if any cause is shown within a reasonable time, he shall consider the same. (12) The Chancellor may, at any time, require or direct the University to act in conformity with the provisions of this Act and the Statutes, Ordinances and Regulations made there under. (13) The power exercised by the Chancellor under sub-section (11) and sub-section (12) shall not be called in question in any Civil Court. (14) Any employee of the University who is aggrieved by the decisions of the Executive Council or the Vice-Chancellor in respect of any disciplinary action taken against him, may address a memorial to the Chancellor in such manner as may be prescribed by Statutes and the decision of the Chancellor shall be final. (15) The Chancellor shall have such other powers as may be prescribed by the Statutes.

*11. “(1) The Government shall constitute a Selection Committee consisting of one nominee of the Chancellor and two nominees of the Executive council, which shall prepare a panel of atleast three names, in alphabetical order, from which the Chancellor shall appoint the Vice-Chancellor, on the advice of the Government. The terms and conditions of service of the Vice-Chancellor, shall be determined by the Chancellor, on the advice of the Government.” (1A) The Chancellor may, on the advice of the Government, cause an inquiry to be held in accordance with the principles of natural justice, and remove the Vice-Chancellor from office, if he is found on such inquiry, to be a person patently unfit to be continued in such office.” (2) The Vice-Chancellor shall hold office for a period of three years which may be renewed for not more than one term: Provided that he shall cease to hold the office on attaining the age of 68*** years irrespective of the fact that his term has not expired. ** [(3) If the Vice-Chancellor is unable to perform his duties owing to his temporary incapacity on account of illness or any other reason, or the office of the Vice-Chancellor falls vacant due to death, resignation or otherwise, the Chancellor may make arrangements for the performance of duties of the Vice-Chancellor until the existing Vice-Chancellor is able to resume his office or until a regular Vice- Chancellor is appointed, as the case may be. (4) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University. (5) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act, except in the matters involving creation or abolition of a Faculty, Department or Post, the matter involving appointment or removal of an employee. Provided that the Vice-Chancellor before exercising powers under this section shall record in writing the reasons, why the matter cannot wait till the meeting of the authority concerned: Provided further that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the Chancellor whose decision thereon shall be final: Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to represent to the Executive Council within one month from the date on which decision on such action is communicated to him and thereupon the Executive Council may confirm, modify or reverse the action taken by the Vice-Chancellor. The employee shall be informed that the action has been taken under emergency powers. (6) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or Ordinances.

*[11]-A (1) Deleted

**11-B (1) The Registrar shall be appointed by the Chancellor on the advice of the Government. (2) The Registrar shall be Chief Administrative Officer of the University. He shall work directly under the superintendence, direction and control of the Vice-Chancellor.

11-C Director of Haryana School of Business (1) The terms and conditions of appointment of the Director of Haryana School of Business shall be such as may be prescribed by the Statutes. (2) The Director of Haryana School of Business shall exercise such powers and perform such duties as may be prescribed by the Statutes.

12. The manner of appointment and powers and functions of other officers of the University shall be such as may be prescribed by the Statutes.

13. The following shall be the authorities of the University, namely:- (i) the Court; (ii) the Executive Council; (iii) the Academic Council; (iv) the Finance Committee; (iva) the Board of Governors of Haryana School of Business; (v) the Faculties; (vi) the Planning Board; and (vii) such other authorities as may be declared by the Statutes to be the authorities of the University.

14. (1) The constitution of the Court, and the term of office of its members shall be prescribed by the Statutes. (2) Subject to the provisions of this Act, the Court shall have the following powers and functions, namely:- (a) to review, from time to time, the broad policies and programmes of the University and to suggest measures for the improvement and development of the University; (b) to consider and pass resolution on the annual report, annual budget and the annual accounts of the University and on the audit report of such accounts; (c ) to advise the Chancellor in respect of any matter which may be referred to it for advice; and (d) to perform such other functions as may be prescribed by the Statutes.

15. (1) The Executive Council shall be the principal executive body of the University. (2) The constitution of the Executive Council, the term of office of its members and its powers and functions shall be such as may be prescribed by the Statutes.

16. (1) The Academic Council shall be the principal academic body of the University and shall subject to the provisions of this Act, the Statutes and Ordinances, co-ordinate and exercise general supervision over all academic policies of the University. (2) The constitution of the Academic Council, the term of office of its members and its powers and functions shall be such as may be prescribed by the Statutes.

17. The constitution and functions of the School and Faculties shall be such as may be prescribed by the Statutes.

18. The constitution of the Finance Committee, the term of office of its members, and its powers and functions shall be such as may be prescribed by the Statutes.

19. The constitution and functions of the Planning Board shall be such as may be prescribed by the Statutes.

20. Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:- (a) the constitution, powers and functions of the authorities and other bodies of the University as may be constituted from time to time; (b) the classification, mode of appointment, powers and duties of the teachers and the officers of the University; (c ) the conditions of service including provision for pension or provident fund or insurance scheme for the benefit of the employees of the University; (d) the conferment of honorary degrees; (e) the establishment and abolition of faculties and departments; (f) the institution of fellowships, scholarships studentships, exhibitions, medals and prizes; (g) the maintenance of discipline among the students; (h) the conditions under which colleges and institutions may be admitted to the privileges of the University and the withdrawal of the same; (i) the delegation of powers vested in the authorities or officers of the University; and (j) all other matters which by this Act, are to be or may be provided for by the Statutes.

21. (1) On the commencement of this Act, the Statutes of the University shall be those as set out in the Schedule: Provided that the authorities of the University constituted under the Statutes framed before the commencement of this Act shall continue to exercise all the powers and perform all the functions under this Act till such authorities are constituted in terms of the Statutes set out in the Schedule referred to above. *(2) The Executive Council may, from time to time make new or additional Statutes or may amend or repeal the Statutes in the manner hereafter provided in this section: Provided that the Executive Council shall not make, amend or repeal any Statute, affecting the status, power or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes and any opinion so expressed shall be considered by the Executive Council. (3) The Academic Council may propose to the Executive Council a draft of any Statute relating to academic matters for consideration by the Executive Council. **(4) Every new Statute or addition to the Statute or any amendment or repeal of a Statute shall require the approval of the Chancellor who may approve, disapprove or remit it for further consideration. A Statute passed by the Executive Council shall have no validity until it has been assented to by the Chancellor. (5) Notwithstanding anything contained in the foregoing sub sections, the Chancellor, either suo motu or on the advice of the Government, may direct the Executive Council, to make, amend or repeal the Statutes in respect of any matter specified by him and if the Executive Council fails to implement such a direction within sixty days of its receipt, the Chancellor may, after considering the reasons, if any, communicated by the Executive Council or its inability to comply with such direction, make, amend or repeal the Statutes suitably.

22. Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters namely: (a) the admission of students to the University and their enrolment as such; (b) the courses of study to be laid down for all degrees, diplomas and certificates of the University; (c) the conditions under which students shall be admitted to the degree or diploma courses and to the examination of the University and shall be eligible for degrees and diplomas; (d) the fees to be charged for courses of study in the University and for admission to the examinations, degree and diplomas of the University; and further to make progressively the fee structure so flexible that the courses could become self-financing to the extent possible; (e) the conditions of the award of fellowships, studentships, exhibition, medals and prizes; (f) the conduct of examinations, including the term of office and manner of appointment and the duties of examiners and moderators; (g) the conditions of residence of students of the University; and (h) all other matters which by this Act or the Statutes are to be made or may be provided for by the Ordinances.

23. (1) The Ordinances shall be made, amended, repealed or added to by the Executive Council. Provided that no Ordinance shall be made- (a) affecting the admission or enrolment of students or prescribing examinations to be recognized as equivalent to the University examinations; and (b) affecting the conditions, mode of appointment or duties of examiners or the conduct or standard of examination or any course of study; unless the draft of such an Ordinance has been proposed by the Academic Council. (2) The Executive Council may return to the Academic Council for reconsideration, either in whole or in part, any draft proposed by the Academic Council under sub-section (i) alongwith its suggestions: Provided that the Executive Council shall not amend the draft proposed by the Academic Council itself. It may, however, reject such draft when submitted to it by the Academic Council for the Second time. (3) All Ordinances made by the Executive Council shall have effect from such date as it may direct and every Ordinance made shall be communicated, as soon as may be, to the Chancellor.

24. (1) The authorities of the University may make Regulations Consistent with this Act, the Statutes and the Ordinances- (a) laying down the procedure to be observed at their meetings; and (b) providing for all matters which by this Act, the Statutes or the Ordinances are to be prescribed by Regulations. (2) Every authority of the University shall make Regulations providing for giving of notice to the members of such authority of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of the meetings.

25. The annual report of the University giving details of broad progrmmes, policies and finances, amendments of Statutes and Ordinances made during the year under report, shall be prepared under the directions of the Executive Council and shall be submitted to the Court on or after such date as may be prescribed by the Statutes and the Court shall consider the report at its annual meeting.

26. (1) The University shall have a General Fund to which shall be credited (a) its income from fees, grants, donations and gifts, if any; (b) any contribution or grant made by the Central Government, and the University Grants Commission, All India Council for Technical Education or like authority, any local authority or any corporation owned or controlled by the Government; (c) endowments and other receipts. Explanation In this section the expression “University Grants Commission” means the Commission established under section 4 of the University Grants Commission Act, 1956 (Central Act 3 of 1956). (2) The university may have such other funds as may be prescribed by the Statutes. (3) The funds and all moneys of the university shall be managed in such a manner as may be prescribed by the statutes. *[(4) The Government may, every year, provide grant-in-aid to facilitate and promote studies and research in emerging areas of higher education, including new frontiers of technology, pharmacy, environmental studies, non-conventional energy sources and management studies, and also to achieve excellence in these and connected fields in the manner prescribed by the Government from time to time.]

27. (1) The annual accounts and the balance sheet of the University shall be prepared under the directions of the Executive Council and shall once at least every year and at intervals of not more than 15 months be audited by the Director Local Fund Accounts, Haryana or any other auditor that may be appointed by the Government. The annual accounts when audited shall be published in the Haryana Government Gazette and a copy of the annual accounts alongwith the report of the Director, Local Fund Accounts or the auditor shall be submitted to the Court and the Chancellor alongwith the observations of the Executive Council. Any observations made by the Chancellor on the annual accounts shall be brought to the notice of the Court and observations of the Court, if any, shall after being considered by the Executive Council, be submitted to the Chancellor. (2) The annual accounts and the balance sheet of the University shall also be submitted to the Government at the time of its submission to the Chancellor.

28. (1) Every salaried officer and teacher, except the Vice-Chancellor, shall be appointed under a written contract, which shall be lodged with the University and any dispute arising out of a contract between the University and officer or teacher shall, at the request of the teacher or officer concerned or at the instance of the University, be referred to a Tribunal of arbitration consisting of one member appointed by the Executive Council, one member nominated by the officer or teacher concerned and one nominee of the Chancellor. The decision of the majority of the members of the Tribunal shall be final and no suit shall lie in any Civil Court in respect of the matter decided by the Tribunal. (2) Every such request shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act, 1940.

29. (1) The University shall institute, for the benefit of its officers, teachers and other employees, pension, provident fund and insurance fund on the pattern of the Government employees. (2) Where any provident fund and insurance fund have been so constituted, the provisions of the Provident Fund Act, 1925 shall be applicable.

30. No act done, or proceeding taken, under this Act by any authority or other body of the University shall be invalid merely on the ground:- (a) of any vacancy or defect in the constitution of the authority or body; or (b) of any defect or irregularity in election, nomination or appointment of a person acting as a member thereof; or (c ) of any defect or irregularity in such act or proceeding, not affecting the merits of the case.

31. If any question arises whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, matter shall be referred to the Chancellor whose decision thereon shall be final.

32. If any difficulty arises with respect to the establishment of the University or in connection with the first meeting of any authority of the University or otherwise in first giving effect to the provisions of this Act, the Government may, at any time, before any authority of the University has been constituted by order, make any appointment or do anything, consistent, so far as may be, with the provisions of this Act, which appears to it necessary or expedient for the purpose of removing the difficulty, and every such order shall have effect as if such appointment or action had been made or taken in the manner provided in this Act.

33. Notwithstanding anything contained in this Act, the University shall not create any teaching and non-teaching posts or revise the pay scales of the teaching and non-teaching employees without obtaining the prior approval of the Government: Provided that the Government may delegate its powers under this section to the Vice- Chancellor or the Executive Council as and when the need arises for smooth functioning and growth of the University.

34. No suit or other legal proceedings shall lie against any Officer or employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or Ordinances.

35. (1) All properties, movable and immovable and all the interests of whatsoever nature and kind therein, vested in the Kurukshetra University Post Graduate Regional Centre, Hisar and the courses run thereunder and the posts created, filled before the commencement of this Act shall vest in the University. (2) All debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done in respect of Post Graduate Regional Centre, Hisar shall be deemed to have been incurred, entered into, or engaged to be done by, with or for the University.