HARIDEV JOSHI UNIVERSITY OF JOURNALISM AND MASS
COMMUNICATION, JAIPUR ACT, 2019 THE HARIDEV JOSHI UNIVERSITY OF JOURNALISM AND MASS COMMUNICATION,
JAIPUR ACT, 2019 [Act No. 11 of 2019] [01st March, 2019] An Act to establish and
incorporate Haridev Joshi University of Journalism and Mass Communication at
Jaipur in the State of Rajasthan and to provide for the matters connected
therewith or incidental thereto. Be it enacted by the
Rajasthan State Legislature in the Seventieth Year of the Republic of India, as
follows:- (1)
This Act may be called the Haridev Joshi University of Journalism
and Mass Communication, Jaipur Act, 2019. (2)
It extends to the whole of the State of Rajasthan. (3)
It shall come into force at once. In this Act, unless the
subject or context otherwise requires,- (a)
"Academic Council" means the Academic Council of the
University as constituted under section 25; (b)
"Advisory Council" means the University Advisory Council
constituted under section 21; (c)
"Board" means the Board of Management of the University
constituted under section 23; (d)
"Comptroller" means the Finance officer of the
University appointed under section 16; (e)
"Faculty" means a Faculty of the University; (f)
"Finance Committee" means the Finance Committee of the
University constituted under section 29; (g)
"prescribed" means prescribed by the Statutes,
Ordinances or Regulations; (h)
"Pro-Vice -Chancellor" means the Pro-Vice-Chancellor of
the University appointed under section 14; (i)
"Registrar" means the Registrar of the University
appointed under section 15; (j)
"Statutes", "Ordinances" and
"Regulations" mean the Statutes, Ordinances and Regulations of the
University made under sections 44, 46 and 48 respectively; (k)
"student of the University" means a person enrolled in
the University for taking a course of study for a degree, diploma or other
academic distinction duly instituted; (l)
"teacher" means a person appointed or recognized by the
University for the purpose of imparting instruction or conducting and guiding
research and includes a person who may be declared by the Statutes to be a
teacher; (m)
"University" means the Haridev Joshi University of
Journalism and Mass Communication, Jaipur incorporated under section 3; and (n)
"University Department" means a Department maintained by
the University. (1)
The Chancellor, the first Vice-Chancellor, the first members of
the Board of Management and the Academic Council of the University and all
persons who may hereafter become such officers or members so long as they
continue to hold such office or membership shall constitute a body corporate by
the name of "the Haridev Joshi University of Journalism and Mass
Communication, Jaipur" and shall have perpetual succession and a Common
Seal and may, by that name, sue and be sued. (2)
The University shall be competent to acquire and hold property,
both movable and immovable, to lease, sell or otherwise transfer or dispose of
any movable or immovable property, which may vest in or be acquired by it for
the purposes of the University, and to contract and do all other things
necessary for the purposes of this Act: Provided that no such
lease, sale, transfer or disposal of such property shall be made without the
prior approval of the State Government. (3) The
headquarters of the University shall be at Jaipur which shall be the
headquarters of the Vice-Chancellor. (4)
In all suits and other legal proceedings by or against the
University, the pleadings shall be signed and verified by the Registrar and all
processes in such suits and proceedings shall be issued to and served on the
Registrar. The jurisdiction of the
University shall extend to and the powers conferred by or under this Act shall
be exercisable by it in the University departments and its institutes and
institutions. The University shall be
deemed to have been established and incorporated for the purpose, among others,
of- (i)
to develop the University into a national centre of teaching,
training and research in the field of Journalism and Mass Communication and
allied fields, including Applied Information Technology; (ii)
to disseminate and advance knowledge by providing instructional
and research facilities in the field of Journalism and Mass Communication and
applied fields, including Applied Information Technology; and (iii)
to develop professionals with excellence. (1)
The University shall, subject to the provisions of this Act,
Statutes, Ordinances and Regulations, be open to all persons. (2)
Nothing contained in sub-section (1) shall require the University- (a)
to admit to any course of study any person who does not possess
the prescribed academic qualification or standard; or (b)
to retain on the rolls of the University any student whose
academic record is below the minimum standard required for the award of a
degree, diploma or other academic distinction; or (c)
to admit any person or retain any student whose conduct is
prejudicial to the interests or discipline of the University or the rights and
privileges of other students and employees; or (d)
to admit to any course of study students larger in number than
those prescribed. (3)
Subject to the provisions of sub-section (2), reservation of seats
in admission for the students belonging to the Scheduled Castes, Scheduled
Tribes and Backward Classes, More Backward Classes and women students shall be
made in accordance with the provisions of any law for the time being in force
or in accordance with the policy of the State Government. The University shall have
the following powers and functions, namely:- (a)
to administer and manage the University; (b)
to provide for instruction in such branches of learning as the
University may, from time to time, determine and to make provisions for
research and for the advancement and dissemination of knowledge as is necessary
for the furtherance of the objects of the University; (c)
to prescribe courses and curricula and provide for flexibility in
the education systems and delivery methodologies; (d)
to establish, with the prior approval of the State Government,
such centres, or other units for research and instruction as are, in the
opinion of the University, necessary for the furtherance of its objects; (e)
to provide facilities through the distance education system to
such persons as it may determine; (f)
to institute and confer degrees, diplomas and other academic
distinctions and awards in the manner prescribed by the Statutes; (g)
to institute and award fellowships, scholarships, prizes, medals
and other awards; (h)
to collaborate or associate with other Universities, institutions
and authorities with like or similar objects, as the University may determine; (i)
to admit the students for the courses offered by the University in
the prescribed manner; (j)
to fix, demand and receive or recover fees and such other charges
as may be prescribed; (k)
to institute teaching, research and other posts required by the
University and to make appointments thereto; (l)
to create administrative, ministerial and other necessary posts
and make appointments thereto; (m)
to lay down conditions of service of all categories of employees,
including their code of conduct; (n)
to regulate and enforce discipline among the students and all
categories of the employees and to take such disciplinary measures in this
regard as may be prescribed or deemed by the University to be necessary; (o)
to establish, maintain and manage halls and hostels for the
residence of students and accommodation for faculties, officers and employees
of the University and the guest houses; (p)
to make arrangements for promoting the health and general welfare
of the students and employees; (q)
to regulate the expenditure, and to manage the finances and to maintain
accounts of the University; (r)
to receive grants, subventions, subscriptions, donations and gifts
for the purpose of the University and consistent with the objects for which the
University is established and to enter into any agreement with the Central
Government, the State Government, the University Grants Commission or other
authorities or bodies for receiving any grants; (s)
to purchase, acquire, take on lease or dispose, with the prior
approval of the State Government, any land or building or works which may be
necessary for the purpose of the University on such terms and conditions as it
may think fit and proper and to construct, alter and maintain any such
buildings or works; (t)
to execute conveyances regarding transfers, mortgages, leases,
licences, agreements and other conveyance in respect of the assets of the
University or to be acquired for the purpose of the University, after taking
prior permission of the State Government; (u)
to borrow, with the prior approval of the State Government, on the
security of the property of the University, money for the purposes of the
University; and (v)
to do all such other acts and things as the University may
consider necessary, conducive or incidental to the attainment or enlargement of
all or any of the objects of the University. (1)
The Governor of the State of Rajasthan shall, by virtue of his
office, be the Chancellor of the University. (2)
The Chancellor shall be the Head of the University and shall, when
present, preside at the convocations thereof and confer degrees, diplomas or
other academic distinctions upon persons entitled to receive them. (3)
The Chancellor may of his own motion or on application call for
and examine the record of any officer or authority of the University in respect
of any proceeding to satisfy himself as to the regularity of such proceeding or
the correctness, legality or propriety of any decision taken or order made
therein; and if in any case, it appears to the Chancellor that any such
decision or order should be modified, annulled, reversed or remitted for
reconsideration, he may pass orders accordingly: Provided that every
application to the Chancellor for the exercise of the powers under this section
shall be preferred within three months from the date on which the proceeding,
decision or order to which the application relates was communicated to the
applicant: Provided further that no
order prejudicial to any person shall be passed unless such person has been
given an opportunity of making his representation. (4) The
Chancellor shall exercise such other powers and perform such other functions as
may be conferred on or assigned to him by or under this Act. (1)
The Chancellor shall have the right to cause an inspection, to be
made by such person or persons, as he may direct- (a)
of the University, its buildings, laboratories, libraries,
museums, workshops and equipments; or (b)
of any institute, institution or hostel maintained by the
University; or (c)
of the teaching and other work conducted or done by the
University; or (d)
of the conduct of any examination held by the University. (2) The
Chancellor shall also have the right to cause an inquiry to be made by such
person or persons as he may direct in respect of any matter connected with the
University. (3) The
Chancellor shall, in every case, give notice to the University of his intention
to cause an inspection or inquiry to be made and the University shall be
entitled to be represented at such inspection or inquiry. (4) The
Chancellor shall communicate to the University his views with reference to the
result of such inspection or inquiry and may, after ascertaining the opinion of
the University thereon, advise the University upon the action to be taken and
fix a time limit for taking such action. (5) The
University shall, within the time limit so fixed, report to the Chancellor the
action taken or proposed to be taken on the advice tendered by the Chancellor. (6) If the
University does not take action within the time limit fixed, or if the action
taken by the University is, in the opinion of the Chancellor, not satisfactory,
the Chancellor may, after considering any explanation offered or representation
made by the University, issue such direction as he may deem fit and the
University shall comply with such direction. (7)
If the University does not comply with such direction issued as
per sub-section (6) within such time as may be fixed in that behalf by the Chancellor,
the Chancellor shall at his discretion have power to appoint any person or body
to implement such direction and make such order as may be necessary for the
expenses thereof. The following shall be the
officers and authorities of the University, namely:- (a)
Officers of the University- (i)
the Vice-Chancellor; (ii)
the Pro-Vice-Chancellor; (iii)
the Registrar; (iv)
the Comptroller; (v)
the Estate Officer; (vi)
the Dean of Student Welfare; (vii)
the Deans of Faculties; and (viii)
such other persons in the service of the University as may be
declared by the Statutes to be the officers of the University. (b)
Authorities of the University- (i)
the Advisory Council; (ii)
the Board of Management; (iii)
the Academic Council; (iv)
the Faculties; (v)
the Board of Studies; (vi)
the Finance Committee; and (vii)
such other authorities as may be declared by the Statutes to be
the authorities of the University. (1)
The Vice-Chancellor shall be a whole time paid officer of the University. (2)
No person shall be eligible to be appointed as Vice-Chancellor
unless he is, distinguished academician having a minimum of ten years
experience as Professor in a University or college or ten years experience in
an equivalent position in a reputed research and/or academic administrative
organization and, of a highest level of competence, integrity, morals and
institutional commitment. (3)
The Vice-Chancellor shall be appointed by the Chancellor in
consultation with the State Government from amongst the persons included in the
panel recommended by the Search Committee consisting of ? (a)
one person nominated by the Board; (b)
one person nominated by the Chairman, University Grants
Commission; (c)
one person nominated by the Chancellor; and (d)
one person nominated by the Government, and the Chancellor shall
appoint one of these persons to be the Chairman of the Committee. (4) An
eminent person in the sphere of higher education not connected with the
University and its colleges shall only be eligible to be nominated as the
member of the Search Committee. (5) The
Search Committee shall prepare and recommend a panel of not less than three
persons and not more than five persons to be appointed as Vice-Chancellor. (6) For the
purpose of selection of the Vice-Chancellor, the Search Committee shall invite
applications from eligible persons through a public notice and while
considering the names of persons to be appointed as Vice-Chancellor, the Search
Committee shall give proper weightage to academic excellence, exposure to the
higher education system in the country and adequate experience in academic and
administrative governance and record its findings in writing and enclose the
same with the panel to be submitted to the Chancellor. (7)
The term of the office of the Vice-Chancellor shall be three years
from the date on which he enters upon his office or until he attains the age of
seventy years, whichever is earlier: Provided that the same
person shall be eligible for reappointment for a second term. (8) The
Vice-Chancellor shall receive such pay and allowances as may be determined by
the State Government. In addition to it, he shall be entitled to free furnished
residence maintained by the University and such other perquisites as may be
prescribed. (9) When a
permanent vacancy in the office of the Vice-Chancellor occurs by reason of his
death, resignation, removal or the expiry of his term of office, it shall be
filled by the Chancellor in accordance with sub-section (3), and for so long as
it is not so filled, stop-gap arrangement shall be made by him under and in
accordance with sub-section (10). (10) When a
temporary vacancy in the office of the Vice-Chancellor occurs by reason of
leave, suspension or otherwise or when a stop-gap arrangement is necessary
under sub-section (9), the Registrar shall forthwith report the matter to the
Chancellor who shall make, on the advice of the State Government, arrangement
for the carrying on of the function of the office of the Vice-Chancellor by any
other Vice-Chancellor of a State University. (11) The
Vice-Chancellor may at any time relinquish office by submitting, not less than
sixty days in advance of the date on which he wishes to be relieved, his
resignation to the Chancellor. (12) Such
resignation shall take effect from the date determined by the Chancellor and
conveyed to the Vice-Chancellor. (13) Where a
person appointed as the Vice-Chancellor was in employment before such
appointment in any other college, institution or University, he may continue to
contribute to the provident fund of which he was a member in such employment
and the University shall contribute to the account of such person in that
provident fund. (14) Where the
Vice-Chancellor had been in his previous employment, a member of any insurance
or pension scheme, the University shall make a necessary contribution to such
scheme. (15) The
Vice-Chancellor shall be entitled to travelling and daily allowance at such
rates as may be fixed by the Board. (16)
The Vice-Chancellor shall be entitled to leave as under:- (a)
leave on full pay at the rate of one day for every eleven days of
active service; and (b) leave on
half pay at the rate of twenty days for each completed year of service: Provided that leave on half
pay may be commuted as leave on full pay on production of medical certificate. (17) Notwithstanding
anything contained in the foregoing provisions of this section, the first
Vice-Chancellor of the University shall be appointed by the Chancellor after
consultation with the Government for a period not exceeding three years on such
terms and conditions as the Chancellor may determine. (18) The
Vice-Chancellor shall be the principal academic, administrative and executive
officer of the University and shall exercise overall supervision and control
over the affairs of the University. He shall have all such powers as may--- be
necessary for true observance of the provisions of this Act and Statutes. (19)
The Vice-Chancellor shall, where immediate action is called for,
have power to make an order so as to exercise any power or perform any function
which is exercised or performed by any Authority under this Act or the
Statutes: Provided that such action
shall be reported to the Authority as would have in the ordinary course dealt
with the matter for approval: Provided further that if
the action so reported is not approved by such Authority not being the Board,
the matter shall be referred to the Board, whose decision shall be final and in
case of the Authority being the Board, the matter shall be referred to the
Chancellor whose decision shall be final. (20) The Vice-Chancellor
may, on being satisfied that any action taken or order made by any Authority is
not in the interest of the University or beyond the powers of such Authority,
require the Authority to review its action or order. In case the Authority
refuses or fails to review its action or order within sixty days of the date on
which the Vice-Chancellor has so required, the matter may be referred to the
Board or to the Chancellor, as the case may be, for final decision. (1) If in the
opinion of the Chancellor, the Vice-Chancellor wilfully omits or refuses to
carry out the provisions of this Act or abuses the powers vested in him, or if
otherwise appears to the Chancellor that the continuance of the Vice-Chancellor
in office is detrimental to the interest of the University, the Chancellor may,
after making such inquiry as he deems proper, by order, remove the
Vice-Chancellor: Provided that the
Chancellor may, at any time before making such order, place the Vice-Chancellor
under suspension, pending enquiry: Provided further that no
order shall be made by the Chancellor unless the Vice-Chancellor has been given
a reasonable opportunity of showing cause against the action proposed to be
taken against him. (2)
During the pendency or in contemplation, of any inquiry referred
to in sub-section (1) the Chancellor may order that till further order- (a)
such Vice-Chancellor shall refrain from performing the functions
of the office of Vice-Chancellor, but shall continue to get the emoluments to which
he was otherwise entitled; (b)
the functions of the office of the Vice-Chancellor shall be
performed by the person specified in the order. (1)
The Vice-Chancellor shall be the principal executive and academic
officer of the University and shall, in the absence of the Chancellor, preside
at the convocations of the University. (2)
The Vice-Chancellor shall be ex-officio Chairman of the Board and
Academic Council. (3)
The Vice-Chancellor shall be responsible for presenting to the
Board for its deliberations and consideration matters of concern to the
University. He shall have power to convene the meetings of the Board and the
Academic Council and such other authorities and bodies as may be prescribed. (4)
The Vice-Chancellor shall exercise general control over the
affairs of the University and shall be responsible for the due maintenance of
discipline in the University. (5)
The Vice-Chancellor shall ensure the faithful observance of the provisions
of this Act and the Statutes, Ordinances and Regulations and shall possess all
such powers as may be necessary for the purpose. (6)
In an emergency, which in the opinion of the Vice-Chancellor
requires immediate action to be taken, he shall take such action as he deems
necessary and shall at the earliest opportunity report the action taken to the
officer, authority or other body who or which in the ordinary course would have
dealt with the matter. (7)
Where any action taken by the Vice-Chancellor under sub-section
(6) affects any person in the service of the University to his disadvantage,
such person may prefer an appeal to the Board within thirty days of the date on
which the action is communicated to him. (8)
Subject as aforesaid, the Vice-Chancellor shall give effect to the
orders of the Board regarding the appointment, suspension and dismissal of
officers, teachers and other employees of the University. (9)
The Vice-Chancellor shall be responsible for close coordination
and integration of teaching, research and other work and shall exercise such
other powers as may be prescribed. The Pro-Vice-Chancellor of
the University shall be appointed in such manner, for such period, on such
terms and conditions and shall exercise such powers and perform such functions
as may be prescribed by the Statutes. (1)
The Registrar shall be the Chief Administrative Officer of the
University. He shall work directly under the superintendence, direction and
control of the Vice-Chancellor. (2)
Notwithstanding anything contained in this Act or any other law
for the time being in force, the Registrar shall be appointed by the State
Government on deputation from amongst the officers of the Rajasthan
Administrative Service (not below selection scale). (3)
The Registrar shall be the ex-officio Member-Secretary to the
Board, the Academic Council and any other authority declared by the Statutes to
be the Authority of the University. (4)
It shall be the duty of the Registrar- (a)
to be the custodian of the records, the Common Seal and such other
properties of the University as the Board shall commit to his charge; and (b)
to issue all notices convening meetings of the Board, the Academic
Council, the Faculties, the Board of Studies, and of any committee appointed by
the authorities of the University. (5)
(i) Where any proceedings or resolution of the Board or order of
the Vice-Chancellor is inconsistent with the provisions of this Act and the
Statutes made thereunder, it shall be the duty of the Registrar to tender
advice to the Board or the Vice-Chancellor mentioning the relevant provisions
and record in the proceedings to the meeting of the Board or on the order of
the Vice-Chancellor the fact that he had tendered such advice and thereupon put
up a note of dissent on such proceedings, resolution, the order or as the case
may be, and ensure the communication of the matter to the Chancellor or any
officer authorized by him in this behalf within seven days of passing such
resolution or order, or as the case may be, undertaking such proceedings. (ii) After examining the
note of dissent reported under sub-clause (i), the Chancellor or the officer
authorized in this behalf by him, may make such interim or final order as he
thinks fit, which shall be binding on the University: Provided that if no such
interim or final order is passed within a period of thirty days from the date
of receipt of the dissent note, the Board or, as the case may be,
Vice-Chancellor may proceed with the proceedings or the resolution or, as the
case may be, the order as if the dissent note was not put up. (6)
The Registrar shall be responsible to ensure the compliance of the
provisions of section 43. (7)
The Registrar shall exercise such powers and perform such other
functions and discharge such other duties as may be prescribed or required of
him from time to time by the Vice Chancellor or by the Board. (1)
The Comptroller shall be the principal finance, accounts and audit
officer of the University. He shall work directly under the control of the
Vice-Chancellor. (2)
Notwithstanding anything contained in this Act or any other law
for the time being in force, the Comptroller shall be appointed by the State
Government on deputation from amongst the officers of the Rajasthan Accounts
Service (not below selection scale). (3)
The Comptroller shall be the ex-officio Member-Secretary to the
Finance Committee. (4)
The Comptroller shall- (a)
exercise general supervision over the funds of the University and
shall advise the University as regards its financial policy; (b)
to manage the property and investments of the University including
trust and endowed property in accordance with the decision of the Finance
Committee and the Board; and (c)
exercise such other powers and perform such other financial
functions, as may be assigned to him by the Board, or as may be prescribed: Provided that the
Comptroller shall not incur any expenditure or make any investment exceeding
such amount as may be prescribed except with the prior approval of the Board. (5)
Subject to the control of the Board, the Comptroller shall- (a)
ensure that the limits fixed by the Board for recurring and
non-recurring expenditure for a year are not exceeded and that all moneys are
expended for the purposes for which they are granted or allotted; (b)
be responsible for the preparation of annual accounts, financial
estimates and the budget of the University and for their presentation to the
Finance Committee and the Board; (c)
keep a constant watch on the cash and bank balances and of
investments; (d)
watch the progress of the collection of revenue and advise on the
methods of collection employed; (e)
ensure that the registers of buildings, land, furniture and
equipments are maintained up-to-date, and that stock checking is conducted in
respect of equipments and other consumable materials in all offices,
laboratories, colleges and institutions maintained by the University; (f)
ensure that no expenditure not authorized in the budget is
incurred by the University otherwise than by way of investment and to bring to
the notice of the Vice-Chancellor and the Registrar any unauthorized
expenditure or other financial irregularity and suggest appropriate action to
be taken against persons at fault; (g)
disallow any expenditure which may contravene the terms of any
statute or for which provision is required to be made by a statute but has not
been made; (h)
call from any office, laboratory, college or institution
maintained by the University, any information or returns as he may consider
necessary for the exercise of his powers, performance of his functions or
discharge of his duties; and (i)
ensure the compliance of the provisions of sections 35, 36 and 37. (1)
The Board may appoint any one or more of the following officers,
namely:- (a)
the Estate Officer; and (b)
the Dean of Student Welfare. (2) The
Estate Officer shall be in-charge of all the buildings, lawns, gardens and
other immovable property of the University. (3)
The Dean of Student Welfare shall have the following duties:- (a)
to make arrangements of the housing of students; (b)
to direct a programme of students counseling; (c)
to arrange for employment of students in accordance with plans
approved by the Vice-Chancellor; (d)
to supervise the extra-curricular activities of the students; (e)
to assist in the placement of the graduates of the University; and (f)
to organize and maintain contact with the alumni of the
University. (1)
There shall be a Dean of each faculty. (2)
The Deans of faculties shall be appointed by the Vice-Chancellor
in a manner as may be prescribed. (3)
The Deans shall perform such functions as may be prescribed by the
Statutes. The mode of appointment and
the functions of other officers mentioned in clause (a) of section 10 and of
the employees of the University shall be as provided in this Act or as
prescribed by Statutes, Ordinances and Regulations. No officer or employee of
the University shall be offered nor shall he accept any remuneration for any
work in the University save as may be provided for in the Statutes. (1)
There shall be an Advisory Council of the University which shall
consist o f the following members, namely:- (i)
a person of national eminence in journalism and mass
communication, to be appointed by the Chancellor, who shall be the Chairperson
of the Advisory Council; (ii)
the Vice-Chancellor; (iii)
Secretary in charge of Higher Education Department or his nominee
not below the rank of a Deputy Secretary to the Government; (iv)
Secretary in charge of Information and Public Relations Department
or his nominee not below the rank of a Deputy Secretary to the Government; (v)
the Vice-Chancellor, University of Rajasthan, Jaipur; (vi)
the Vice-Chancellor, Vardhman Mahaveer Open University, Kota; (vii)
Dean, Department of Journalism and Mass Communication, University
of Rajasthan, Jaipur; (viii)
Commissioner/Director, Information and Public Relations
Department, Rajasthan, Jaipur; (ix)
five academicians in the field of journalism and mass
communications, to be nominated by the Chancellor; (x)
five eminent persons belonging to the field of journalism and mass
communications, to be nominated by the State Government; (xi)
the Registrar of the University, Member-Secretary. Explanation.- For the
purpose of clauses (iii) and (iv), "Secretary in charge" means the
Secretary in charge of the Department and includes an Additional Chief
Secretary and Principal Secretary when he is in charge of a department. (2) One-third
members present at a meeting of the Advisory Council shall constitute the
quorum for meeting. (3) The
Chairman of the Advisory Council shall perform such functions and exercise such
powers as are provided in this Act or as may be prescribed. (4) The
members shall serve without any additional pay but shall be entitled to daily
allowance and travelling expenses as may be prescribed. (5)
The minutes of meeting of the Advisory Council shall be recorded
and maintained by the Member-Secretary of the Advisory Council. The duties and functions of
the Advisory Council shall be as follows:- (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 in regard to the attainment of the objects; (b)
to advise the Vice-Chancellor in respect of any matter that may
guide the University in respect of its objects; and (c)
such other duties or functions as may be prescribed by the
Statutes. (1)
The Board shall be the highest executive body of the University
and shall consist of the following members, namely:- (I)
the Vice-Chancellor of the University- Chairman; (II)
Ex-officio Members- (i)
the Secretary in charge of Finance Department or his nominee not
below the rank of a Deputy Secretary to the Government; (ii)
the Secretary in charge of Higher Education Department or his nominee
not below the rank of a Deputy Secretary to the Government; (iii)
the Secretary in charge of Information and Public Relations
Department or his nominee not below the rank of a Deputy Secretary to the
Government; (iv)
the Commissioner/Director, Information and Public Relations,
Government of Rajasthan; (v)
the Commissioner/Director, as the case may be, of College
Education, Government of Rajasthan; (vi)
the Vice-Chancellor, University of Rajasthan, Jaipur; (vii)
the Pro-Vice-Chancellor; and (viii)
the Registrar of the University, Member-Secretary. Explanation.- For the
purpose of this clause, "Secretary in charge" means the Secretary in
charge of the Department and includes an Additional Chief Secretary and
Principal Secretary when he is in charge of a department. (III)
Nominated Members- (i)
two persons nominated by the Vice-Chancellor from amongst the
Deans for one year; (ii)
two University Professors nominated by the Chancellor for one
year; (iii)
two eminent educationists to be nominated by the Chancellor for three
years; (iv)
two members of State Legislature to be nominated by the State
Government for three years; and (v)
two eminent educationists to be nominated by the State Government
for three years. (2) One-third
members present at a meeting of the Board shall constitute the quorum for
meeting. (3) The
Chairman of the Board shall perform such functions and exercise such powers as
are provided in this Act or as may be prescribed. (4) The
members shall serve without any additional pay but shall be entitled to daily
allowance and travelling expenses as may be prescribed. (5)
The minutes of meeting of the Board shall be recorded and
maintained by the Member-Secretary of the Board. The duties and functions of
the Board shall be as follows:- (a)
to approve and sanction the budget of the University; (b)
to acquire, to dispose of, to hold and to control the property and
funds of the University and issue any general or special direction on behalf of
the University; (c)
to accept the transfer of any movable or immovable property on
behalf of the University; (d)
to administer any funds placed at the disposal of the University
for the specific purposes; (e)
to invest money belonging to the University; (f)
to appoint the members of the academic, administrative and other
staff of the University in such manner as may be prescribed; (g)
to direct the form and use of the Common Seal of the University; (h)
to appoint such committees, either standing or temporary, as it
deems necessary for its proper functioning; (i)
to borrow money for capital improvements and make suitable
arrangements for its repayment; (j)
to meet at such times and as often as it deems necessary, provided
however, that the regular meeting of the Board shall be held at least once in
every three months; (k)
to make Statutes, Ordinances and Regulations in the manner
prescribed in this Act for smooth functioning of the University; and (l)
to regulate and determine all matters concerning the University in
accordance with this Act and the Statutes and to exercise such powers and to
discharge such duties as may be conferred or imposed on it by this Act and the
Statutes. (1)
There shall be an Academic Council of the University, consisting
of the following as members, namely:- (a)
the Vice-Chancellor -Ex-officio Chairman; (b)
the Pro-Vice-Chancellor; (c)
Deans of Faculties; (d)
one Professor from each faculty to be nominated by the
Vice-Chancellor; (e)
the Secretary in charge of Information and Public Relations
Department or his nominee not below the rank of a Deputy Secretary to the
Government; (f)
the Secretary in charge of Higher Education Department or his
nominee not below the rank of a Deputy Secretary to the Government; (g)
Chairmen, Boards of Studies; (h)
two persons having special attainment in the field of studies not
being employees of the University, one to be nominated by the Chancellor and
the other by the State Government; and (i)
the Registrar of the University, Member-Secretary. Explanation.- For the
purpose of clauses (e) and (f), "Secretary in charge" means the
Secretary in charge of the Department and includes an Additional Chief
Secretary and Principal Secretary when he is in charge of a department. (2) The term
of office of nominated members shall be two years. (1)
Subject to the provisions of this Act, the Statutes, the
Ordinances and Regulations, the Academic Council shall have the control and
general regulation of the academic affairs and be responsible for the
maintenance of standards of instructions and examinations in the University and
for the requirements for the award of degrees and diplomas. The Academic
Council shall- (i)
exercise control over the academic policies of the University and
be responsible for the maintenance and improvement of standards of instruction,
education and evaluation in the University; (ii)
consider matters of general academic interest either on its own
initiative or on a reference from the faculty of the University or the Board
and to take appropriate action thereon; and (iii)
recommend to the Board, such Regulations as are consistent with
this Act regarding the academic functioning of the University including
discipline of students. (2)
The Academic Council shall exercise such other powers and perform
such other duties as may be conferred or imposed upon it by the Statutes and
shall advise the Vice-Chancellor on all academic matters. (1)
There shall be such faculties in the University as may be
prescribed by the Statutes. (2)
Each faculty shall consist of the following:- (a)
Dean of the Faculty - Chairman; (b)
University professors of the subjects assigned to the Faculty; (c)
Chairmen of the Boards of Studies in the Faculty; and (d)
two external experts nominated by the Academic Council. (3)
The Faculty shall perform such functions as may be prescribed by
the Statutes. (1)
There shall be such number of Boards of Studies as may be
determined by the Statutes. (2)
A Board of Studies shall be constituted in the manner, consist of
such members, exercise such powers and perform such functions as may be
prescribed. (1)
The Finance Committee shall consist of the following members,
namely:- (a)
the Vice-Chancellor, who shall be the Chairman of the Committee; (b)
the Secretary in charge of Finance Department, or his nominee not
below the rank of a Deputy Secretary to the Government; (c)
the Secretary in charge of Higher Education Department, or his nominee
not below the rank of a Deputy Secretary to the Government; (d)
the Secretary in charge of Information and Public Relations
Department, or his nominee not below the rank of a Deputy Secretary to the
Government; (e)
the Pro-Vice-Chancellor; (f)
one member of the Board, to be nominated by the Board from amongst
its non-official members; (g)
two professors, by rotation, to be nominated by the Board; and (h)
the Comptroller, who shall be the Member-Secretary of the
Committee. Explanation.- For the
purpose of clauses (b), (c) and (d), "Secretary in charge" means the
Secretary in charge of the Department and includes an Additional Chief
Secretary and Principal Secretary when he is in charge of a department. (2) The term
of office of the members nominated under clauses (f) and (g) shall be two
years. Subject to the other
provisions of this Act, the Finance Committee shall broadly perform the
following functions, namely:- (i)
to examine the annual accounts and annual budget estimates of the
University and to advise the Board thereon; (ii)
to review from time to time the financial position of the
University; (iii)
to make recommendations to the Board on all financial policy
matters of the University; (iv)
to make recommendations to the Board on all proposals involving
raising of funds, receipts and expenditure; (v)
to provide guidelines for investment of surplus funds; (vi)
to make recommendations to the Board on all proposals involving
expenditure for which no provision has been made in the budget or for which
expenditure in excess of the amount provided in the budget needs to be
incurred; (vii)
to examine all proposals relating to the revision of pay-scales,
upgradation of the scales and those items which are not included in the budget
prior to placing before the Board; and (viii)
to exercise such other powers and perform such other functions as
may be conferred or imposed upon it by the Regulations. (1)
All teaching recognized by the University shall be conducted in
the University departments or its institutes and institutions. (2)
The authorities responsible for organizing such teaching shall be
such as may be prescribed. (3)
The courses of study and curricula shall be such as may be
prescribed by Ordinances and, subject thereto, by the Regulations. (1)
The appointment of teachers and officers of the University shall
be made in accordance with provisions of the Rajasthan Universities' Teachers
and Officers (Selection for Appointment) Act, 1974 (Act No. 18 of 1974). (2)
Except in cases provided for by the Statutes, teachers and
officers of the University shall be appointed under a written contract. The
contract shall be lodged with the Vice-Chancellor and a copy thereof shall be
furnished to the teacher or officer concerned. The contract shall not be
inconsistent with the provisions of this Act and the Statutes for the time
being in force in relation to the conditions of service. (3)
Notwithstanding anything contained in sub-section (1), the
services of the teachers who were transferred to the University of Rajasthan
after the repeal of the Haridev Joshi University of Journalism and Mass
Communication, Jaipur Act, 2012 (Act No. 33 of 2012), shall, with effect from
the commencement of this Act, stand restored to the University and their
services from the date of their initial appointment shall, for all purposes, be
deemed to have been rendered in the University. Subject to any provision in
the Statutes to the contrary or any directions or policy of the State
Government in this regard, all the employees of the University shall ordinarily
retire from service upon attaining the age of sixty years. (1)
For the benefit of its officers, teachers, clerical staff and
other employees, the University shall constitute, in such manner and subject to
such conditions as may be prescribed, such pension, gratuity, insurance and
provident fund as it may deem fit. (2)
The provisions of the Provident Funds Act, 1925 (Central Act No.
19 of 1925), shall apply to a fund or an insurance scheme as if it were a State
Government fund or scheme and the University shall contribute to or invest in
such fund or scheme. (3)
Provision shall be made in the Statutes to ensure that staff
members transferred from employment in the service of the State shall have
their accrued service benefits protected upon such transfer. (1)
The University shall establish, maintain and administer a fund to
be called the University fund. (2)
The following moneys shall form part of, and be paid into, the
University fund, namely:- (a)
any contribution or grant by the State Government; (b)
income arising to the University from all sources including income
from fees and charges; (c)
trusts, bequests, donation, endowments and other grants, if any;
and (d)
such other money as may be prescribed by the Statutes. (3) The
matters to which the fund may be applied and appropriated shall be those
prescribed by this Act or the Statutes. (4) All
expenses incurred under and in pursuance of any provision contained in this Act
shall be met out of the University fund. (5)
The University shall have power to borrow, on the security of the
University properties and with the concurrence of the State Government, money
for the purposes of the University. (1)
The annual accounts and balance sheet of the University shall be
prepared by the Comptroller under the direction of the Vice-Chancellor and all
moneys accruing to or received by the University from whatever source and all
amount disbursed or paid shall be entered in the accounts. (2)
The Comptroller shall, before such date as may be prescribed by
the Statutes, prepare the annual financial estimates for the ensuing year. (3)
The annual accounts and the annual financial estimates prepared by
the Comptroller shall be placed before the Board together with the remarks of
the Finance Committee for approval and the Board may pass resolution with
reference thereto and communicate the same to the Comptroller who shall take
action in accordance therewith. (4)
The annual accounts shall be audited in the prescribed manner by
such auditors as the State Government may direct and the cost of such audit
shall be a charge on the University fund. (5)
The accounts when audited shall be printed and copies thereof,
together with the audit report, shall be submitted by the Vice-Chancellor to
the Board which shall forward them to the State Government with such comments
as may be deemed necessary. (6)
The University shall settle objections raised in the audit and
carry out such instructions as may be issued by the State Government on the audit
report. Where the State Government
funds are involved, the University shall abide by the terms and conditions
attached to the sanction of such funds which may inter alia include prior
permission of the State Government in respect of the following, namely:- (a)
creation of the new posts of teachers, officers or other
employees; (b)
revision of the pay, allowances, post-retirement benefits and
other benefits to its teachers, officers and other employees; (c)
grant of any additional/special pay, allowance or other extra
remuneration of any description whatsoever, including ex-gratia payment or
other benefits having financial implications, to any of its teachers, officers
or other employees; (d)
diversion of any earmarked funds other than the purpose for which
it was received; (e)
transfer by sale, lease, mortgage or otherwise of immovable
property; (f)
incur expenditure on any development work from the funds received
from the State Government for any purposes other than for which the funds are
received; and (g)
take any decision resulting in increased financial liability,
direct or indirect, for the State Government. Explanation.- The above
conditions shall also apply in respect of the posts created from any other
fund, which may, in the long term, be likely to cause financial implications to
the State Government. (1)
The State Government shall have the right to cause an inquiry to
be made, by such person or persons as it may direct, and to issue directions to
the University, in respect of any matter connected with the finances of the
University, where State Government funds are concerned. (2)
If the State Government is satisfied that owing to mal
administration or financial mismanagement in the University a situation has
arisen whereby financial stability of the University has become insecure, it
may by a notification, declare that the finances of the University shall be
subject to the control of the State Government and shall issue such other
directions as it may deem fit for the purpose and the same shall be binding on
the University. (1)
All casual vacancies among the members (other than ex-officio
members) of any authority or body of the University shall be filled as soon as
possible by appointment or nomination according as the member whose place
became vacant was appointed or nominated and the person appointed or nominated
to a casual vacancy shall be a member of such authority or body for the
residuary period of the term for which the person whose place he fills would
have continued but for the vacancy. (2)
A person who holds any office in the University by virtue of his
holding any other office of the University or otherwise shall hold such office
as long as he holds the other office and thereafter till his successor is duly
nominated or appointed, as the case may be. (3)
The Board may remove any person not being an officer of the
University from membership of any authority or body or any employee of the
University on the grounds that such person or employee has been convicted of an
offence involving moral turpitude or for taking part in subversive activities
or for indulging in any act or acts unbecoming of the prestige of the
University: Provided that no such
person or employee shall be removed under this sub-section unless he has been
afforded a reasonable opportunity of showing cause why he should not be so
removed and such cause has been considered by the Board: Provided further that prior
approval of the State Government will be necessary for taking such action
against a member of any authority or body of the University, nominated by the
State Government. (4) If any
question arises regarding any person who has been appointed or nominated, as or
is entitled to be, a member of any authority of the University subordinate to
the Board or regarding any decision of the Board under this Act and the
Statutes, the matter shall be referred to the Chancellor for his decision, and
the decision of the Chancellor shall be final. No act or proceeding of any
authority or body of the University shall be invalidated by reason of the
existence of a vacancy among its members or by reason of some person having
taken part in the proceedings who is subsequently found not to have been
entitled to do so. Where any provision of this
Act or of the Statutes, Ordinances or Regulations refer to an officer of the
State Government by designation, then if that designation is altered or that
office ceases to exist, the reference shall be construed as a reference to the
altered designation, or as the case may be, to such corresponding officer as
the State Government directs. Notwithstanding anything
contained in this Act or any other law for the time being in force, the State
Government may, by order in writing, call for any information from the
University on any matter relating to the affairs of the University and, the
University shall, if such information is available with it, furnish the State
Government with such information within a reasonable period. The Annual Report of the
University shall be prepared under the direction of the Vice-Chancellor and
circulated among the members of the Board one month before the annual meeting
of the Board at which it is to be considered. The Annual Report, as approved by
the Board, shall be sent to the State Government for being laid on the table of
the House of the State Legislature. Subject to the provisions
of this Act, the Statutes may provide for any matter and shall, in particular,
provide for the following:- (a)
the constitution, powers and duties of the authorities of the
University; (b)
the appointment or nomination and continuance in office of the
members of the authorities of the University and all other matters relating to
these authorities for which it may be necessary or desirable to provide; (c)
the designation, manner of appointment, powers, duties and service
conditions of the officers of the University; (d)
the classification and manner of appointment of teachers and their
service conditions and qualifications; (e)
the constitution of pension, gratuity, insurance and provident
funds for the benefit of officers, teachers and other employees of the
University; (f)
the conferment of honorary degrees; (g)
the establishment, amalgamation, sub-division and abolition of
departments; (h)
the establishment and abolition of hostels maintained by the
University; (i)
the moneys to form part of and to be paid into the University fund
and the matters to which the fund may be applied and appropriated; (j)
the number and emoluments of teachers of the University and the
preparation and maintenance of a record of their services and activities; (k)
the remuneration and allowances including travelling and daily
allowances to be paid to persons employed in the business of the University;
and (l)
all other matters which by this Act are required to be or may be
provided for or prescribed otherwise than by the Ordinances and Regulations. (1)
The Statutes may be made, amended or repealed by the Board in the
manner hereinafter provided. (2)
The Board may take into consideration the draft of a Statute
either at its own motion or on a proposal by any authority of the University. (3)
The Board, if it thinks necessary, may also obtain the opinion of
any officer, authority or body of the University in regard to any draft
Statute, which is before it for consideration. (4)
Every Statute passed by the Board shall be submitted to the
Chancellor who may give or withhold his assent thereto or send it back to the
Board for reconsideration. (5)
No Statute passed by the Board shall be valid or shall come into
force until assented to by the Chancellor. (6)
Notwithstanding anything contained in the foregoing sub-section,
the Chancellor may, either suo motu or on the advice of the State Government,
direct the University to make provisions in the Statutes in respect of any
matter specified by him and if the Board fails to implement such a direction
within sixty days of its receipt, the Chancellor may, after considering the
reasons, if any, communicated by the Board for its inability to comply with
such direction, make or amend the Statutes suitably. 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 courses of study, admission or enrolment of students, fee,
qualifications or conditions requisite for any degree, diploma, certificate or
fellowship; (b)
the conduct of examinations including the appointment of examiners
and their terms and conditions; (c)
the conditions for residing in any hostel or other place of
residence run or maintained by the University, the levying of charges therefor
and other related matters; (d)
the recognition and supervision of hostels not run or maintained
by the University; and (e)
any other matter required by this Act or the Statutes to be dealt
by or under the Ordinances of the University. (1)
The Board may make, amend or repeal Ordinances in the manner
hereinafter provided. (2)
No Ordinances concerning the academic matter shall be made by the
Board unless a draft thereof has been proposed by the Academic Council. (3)
The Board shall not have the power to amend any draft proposed by
the Academic Council under sub-section (2), but may reject or return it to the
Academic Council for reconsideration, in part or in whole, together with any
amendments which the Board may suggest. (4)
All Ordinances made by the Board shall have effect from such date
as it may direct, but every Ordinance so made shall be submitted to the
Chancellor within two weeks. The Chancellor shall have the power to direct the
Board, within four weeks of the receipt of the Ordinance, to suspend its
operation, and he shall, as soon as possible, inform the Board of his objection
to it. He may, after receiving the comments of the Board, either withdraw the
order suspending the Ordinance or disallow the Ordinance, and his decision
shall be final. (1)
Every authority of the University may make Regulations consistent
with this Act and the Statutes and Ordinances- (a)
laying down the procedure to be observed at their meetings and the
number of members required to form a quorum; (b)
providing for all matters which by this Act and the Statutes or
Ordinances are to be provided for by that authority by the Regulations; and (c)
providing for any other matter solely concerning such authority
and not provided for by this Act and the Statutes or Ordinances. (2) Every
authority of the University shall make Regulations providing for the giving of
notice to the members of such authority of the dates of meetings and of the
business to be transacted thereat and for the keeping of a record of the
proceeding of meetings. (3)
The Board may direct the amendment, in such manner as it may
specify, of any Regulations made under this section or the annulment thereof by
any authority of the University. The Board may, by Statute,
delegate to any officer or authority any of the powers conferred upon it by
this Act, to be exercised subject to such restrictions and conditions as may be
prescribed. (1)
At any time after the commencement of this Act and until such time
as the authorities of the University are duly constituted, any officer of the
University may be appointed by the Vice-Chancellor, with the prior approval of
the Chancellor, to carry on the duties of any such authority. (2)
The Vice-Chancellor may make temporary appointments subject to the
approval of the Board at its next meeting, following the making of such
appointment. The Board shall have the
authority to deal with any matter pertaining to the University and not
specifically dealt with in this Act. The decision of the Board on all such
matters shall, subject to revision by the Chancellor, be final and shall not be
liable to be challenged in any Court or Tribunal. (1)
The State Government may, for the purpose of removing any
difficulties, in the area and in matters covered by this Act, by order
published in the Official Gazette,- (a)
direct that this Act shall during such period as may be specified
in the order take effect subject to such adaptations whether by way of
modification, addition or omission consistent with this Act, as it may deem fit
to be necessary or expedient; or (b)
give such directions as appear to it to be necessary for the
removal of such difficulties that may arise in giving effect to the provisions
of this Act; or (c)
make such other temporary provisions for the purpose of removing
any such difficulties as it may deem fit to be necessary or expedient: Provided that no such order
shall be made after twelve months from the date of the commencement of this
Act. (2) All
orders made under sub-section (1) shall be laid before the House of the State
Legislature for fourteen days which may be comprised in one session or in two
successive sessions and if before the expiry of the session in which they are
so laid or of the session immediately following, the House of the State
Legislature makes any modification in any of such orders or resolves that any
such order should not be made, such order shall thereafter have effect only in
such modified form or be of no effect, as the case may be, so however, that any
such modification or annulment shall be without prejudice to the validity of
anything previously done there under. (3)
If any question arises regarding the interpretation of any
provisions of this Act or any Statutes or Ordinances or Regulations made under
this Act, or as to whether any person has been duly appointed as or is entitled
to be a member of any authority or other body of the University, the matter may
be referred to the Chancellor and shall be so referred if the Vice-Chancellor
and any ten members of the Board so require. The Chancellor shall, after taking
such advice from the State Government as he deems necessary, decide the
question and his decision shall be final.
Preamble - HARIDEV JOSHI UNIVERSITY OF JOURNALISM AND MASS
COMMUNICATION, JAIPUR ACT, 2019PREAMBLE