(1) The 1[Governor] of Himachal Pradesh shall be the Chancellor of the University.
(2) The Chancellor shall, by virtue of his office, be the Head of the University and the President of the Court and shall when present, preside over the meetings of Court and at any convocation of the University.
(3) The Chancellor shall have such powers as may be conferred on him by or under this Act.
2{12. Appointment of the Vice-Chancellor.- (1) The Vice- Chancellor shall be appointed by the Chancellor in consultation with the State Government.
(2) The Vice-Chancellor shall be a whole-time salaried Officer of the University.
(3) Except as expressly provided in sub-sections (4) and (5), the Vice- Chancellor shall, subject to the pleasure of the Chancellor, hold office for a term of 3[three years] from the date on which he enters upon his office and shall, on the expiry of the term of his office, be eligible for re-appointment to that office:
Provided that the Vice-Chancellor shall, notwithstanding the expiry of the said period of 4[three years], continue to hold his office until his successor is appointed and enters upon his office.
(4) No person shall be appointed, or if appointed shall hold or continue to hold office, as Vice-Chancellor if he has attained the age of sixty- 5[three years].
6[(4-a) The Chancellor, by general or special order, may place the Vice-Chancellor under suspension,-
(a) where an enquiry under sub-section (5) of this section is contemplated or is pending; or
(b) where, in the opinion of the Chancellor, he has engaged himself in activities prejudicial to the interest of the University; or
(c) where a case against him in respect of any criminal offence is
1. Substituted for the words “Lieutenant Governor” by A.O. 1973.
2. Section 12 substituted and new sections 12-A, 12-B and 12-C inserted vide H.P.
Act No. 2 of 1984, effective from 28th October, 1983.
3. The words “five” substituted for the words “three” vide H.P. Act No. 2 of 1986 again substituted for the word “five years” vide H.P. Act No. 14 of 1991.
4. The words “five” substituted for the words “three” vide H.P. Act No. 2 of 1986 again substituted for the word “five years” vide H.P. Act No. 14 of 1991.
5 Substituted for the word “five years” vide H.P. Act No. 14 of 1991.
6. Sub-sections (4-a) to 4-c) inserted vide H.P. Act No. 4 of 2004, effective from 22nd September, 2003.
THE HIMACHAL PRADESH UNIVERSITY ACT, 1970 13 under investigation, inquiry of trial; or
(d) where his continuance in office will prejudice the investigation, inquiry or trial (e.g. apprehended tempering with documents or to influence witnesses).
(4-b).The Vice-Chancellor under suspension shall be entitled to a subsistence allowance at an amount equal to leave salary which the Vice- Chancellor would have drawn if he had been on leave on half average pay or on half pay and in addition, dearness allowance, if admissible on the basis of such leave salary:
Provided that where the period of suspension exceeds three months, the Chancellor shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the first three months as follows:-
(i) the amount of subsistence allowance may be increased by a suitable amount, not exceeding fifty percent of the subsistence allowance admissible during the period of first three months, if, in the opinion of the Chancellor, the period of suspension has been prolonged for reasons to be recorded in writing not directly attributable to the Vice- Chancellor;
(ii) the amount of subsistence allowance may be reduced by a suitable amount, not exceeding fifty percent of the subsistence allowance admissible during the period of first three months, if in the opinion of the Chancellor, the period of suspension has been prolonged due to reasons, to be recorded in writing, directly attributable to the Vice- Chancellor; and
(iii) the rate of dearness allowance shall be based on the increased or, as the case may be, the decreased amount of subsistence allowance admissible under clause (i) and (ii).
(4-c) No payment under sub-section (4-b) shall be made unless the Vice- Chancellor furnishes a certificate that he is not engaged in any other employment, business, profession or vocation.]
(5) If in the opinion of the Chancellor, the Vice-Chancellor willfully omits or refuses to carry out the provisions of the Act or abuses the powers vested in him or if it appears to the Chancellor that the continuance of the Vice-Chancellor in office is detrimental to the interests of the University, the Chancellor may, after making such enquiry as he deems proper and in consultation with the State Government, by order, remove the Vice- Chancellor:
1[Provided that in the event of taking any action on a report of an inquiry under section 9 or section 9-B of this Act, as the case may be, no further inquiry shall be necessary under this sub-section but the Vice- Chancellor shall be afforded an opportunity of being heard after making him
1. Proviso added vide H.P. Act No. 4 of 2004, effective from 22nd September, 2003.
14 THE HIMACHAL PRADESH UNIVERSITY ACT, 1970 available a copy of inquiry report.]
1[(6) XXXXXXXXXXXXXXXXXXXXXXXX]
(7) The Vice-Chancellor may resign by a notice of one month in writing under his hand addressed to the Chancellor. The Chancellor may waive off the period of notice and accept the resignation forthwith in consultation with the State Government.
12-A. Emoluments and other terms and conditions of service of the Vice-Chancellor.- (1) There shall be paid to the Vice-Chancellor such salary as the Chancellor may, in consultation with the State Government, determine from time to time and he shall be entitled, without payment of rent, to use a furnished residence throughout the term of office and no charge shall fall on the Vice-Chancellor personally in respect of the maintenance of such residence.
(2) The Vice-Chancellor shall not be entitled to the benefits of the University Provident Fund or to any other allowance:
Provided that where an employee of the University is appointed as the Vice-Chancellor, he shall be allowed to continue to contribute to the Provident Fund and the contribution of the University shall be limited to what he had been contributing immediately before his appointment as Vice- Chancellor.
(3) The Vice-Chancellor shall be entitled to travelling allowances at such rates, and medical cost at such scales, as may be fixed by the Chancellor.
(4) The Vice-Chancellor shall be entitled to leave on full pay for one eleventh of the period spent by him on active service.
(5) The Vice-Chancellor shall also be entitled on medical grounds or otherwise than on medical grounds, to leave without pay for a period not exceeding- three months during the term of his office:
Provided that such leave may be converted into leave on full pay to the extent to which he will be entitled to leave under sub-section (4).
12-B. Arrangement of work during vacancy in the office of the Vice-Chancellor.- (1) During the temporary absence of the Vice-Chancellor by reason of leave, illness or any other cause, 2[the Pro-Vice Chancellor, appointed under section 12-D, shall perform the duties and exercise the powers of the Vice-Chancellor, and if there is no Pro-Vice Chancellor,] the Chancellor may, in consultation with the State Government, make such arrangements for carrying on the duties of the Vice-Chancellor as he may deem fit.
(2) During the period a vacancy in the office of the Vice-Chancellor
1. Sub-section (6) omitted vide H.P. Act No. 4 of 2004, effective from 22nd September, 2003.
2. Inserted vide H.P. Act No. 4 of 1996.
THE HIMACHAL PRADESH UNIVERSITY ACT, 1970 15 remains unfilled, 1[and if there is no Pro-Vice-Chancellor to perform the duties and to exercise the powers of the Vice Chancellor,] such person as the Chancellor may appoint shall act as Vice-Chancellor and the person so appointed shall have all the powers of the Vice-Chancellor and shall be entitled to the privileges of the Vice-Chancellor and to such emoluments and allowances as may be determined by the Chancellor.
12-C. Powers and duties of the Vice-Chancellor.- (1) The Vice- Chancellor, who shall be the principal executive and academic officer of University, shall take rank next to the Chancellor and shall exercise general supervision and control over the affairs of the University, and shall, in the absence of the Chancellor, preside at the meetings of the Court and any convocation of the University.
(2) The Vice-Chancellor shall be the ex-officio Chairman of the Executive Council, the Academic Council and the Finance Committee. He shall be entitled to be present at and to address any meeting of any authority or body of the University, but shall not be entitled to vote thereat unless he is member of such authority or body.
(3) The Vice-Chancellor shall exercise general supervision and control over the affairs of the University and shall be responsible for its proper and efficient functioning. He shall also exercise all powers necessary for due maintenance of discipline in the University.
(4) He shall ensure the observance of the provisions of this Act, the Statutes, Ordinances and Regulations and he shall have all powers necessary for that purpose.
(5) The Vice-Chancellor shall, either himself or through any officer of the University authorised in writing by him, convene the meetings of the Executive Council, the Academic Council and the Finance Committee and shall perform all such acts as may be necessary to carry out the provisions contained in this Act, the Statues, the Ordinances and the Regulations and to give effect to the decisions of the said authorities.
(6) The Vice-Chancellor shall at the close of each academic year, in the manner prescribed in the Statutes or Ordinances, assess and evaluate the teaching and research work done by the members of the Faculty. On such assessment or the evaluation, if the Vice-Chancellor is of the opinion that the work and conduct of any member of the Faculty is not satisfactory, he shall, in the manner as laid down in the Statutes or Ordinances, initiate or cause to be initiated action against such a member.
2[(7) In case of emergency warranting immediate action to be taken, in respect of powers not vested in him, the Vice-Chancellor shall take such action as he deems necessary after recording reasons in writing and shall place the matter before the authority, competent to exercise such powers, for
1. Inserted vide H.P. Act No. 4 of 1996.
2. Sub-Section (7) substituted vide H.P. Act No. 4 of 2004, effective from 22nd September, 2003.
16 THE HIMACHAL PRADESH UNIVERSITY ACT, 1970 confirmation in its next following meeting but not later than sixty days, falling which the action taken by him shall cease to have any effect and if the action taken by the Vice-Chancellor is not confirmed by such authority, the same shall also cease to have any effect:
Provided that such emergency powers shall not be exercised by the Vice-Chancellor for making any appointment to any position or assignment or removal of any incumbent from such position or assignment.]
(8) The Vice-Chancellor shall exercise such other powers as may be prescribed by the Statutes, Ordinances and Regulations.} 1[12-D. Pro-Vice-Chancellor.- (1) The Pro-Vice-Chancellor shall be a whole time officer of the University. The Pro- Vice-Chancellor after the commencement of the Himachal Pradesh University (Amendment) Act 1996 shall be appointed by the Chancellor, in consultation with the State Government, on such terms and conditions as the State Government may determine.
(2) Except as expressly provided in sub-sections (4) and (5), the Pro- Vice-Chancellor shall, subject to the pleasure of the Chancellor, hold office for a term of three years from the date he enters upon his office and shall, on the expiry of his office, be eligible for reappointment to that office:
Provided that notwithstanding the expiry of the term of his office, the Pro-Vice-Chancellor shall continue in office until his successor is appointed and enters upon his office.
(3) The emoluments and other conditions of service of the Pro-Vice- Chancellor shall be such as may be prescribed and shall not vary to his disadvantage after his appointment.
(4) A person appointed as Pro-Vice-Chancellor shall retire from office if during the term of his office or any extension thereof, he completes the age of 65 years.
2[(4-a). The Chancellor, by general or special order, may place the Pro-Vice-Chancellor under suspension,-
(a) where an enquiry under sub-section (5) of this section is contemplated or is pending; or
(b) where, in the opinion of the Chancellor he has engaged himself in activities prejudicial to the interest of the University; or
(c) where a case against him in respect of any criminal offence is under investigation, inquiry or trial; or
(d) where his continuance in offence will prejudice the
1. Sections 12-D and 12-E inserted vide H.P. Act No. 4 of 1996.
2. Sub-sections (4-a), (4-b) and (4-c) inserted vide H.P. Act No. 4 of 2004, effective from 22nd September, 2003.
THE HIMACHAL PRADESH UNIVERSITY ACT, 1970 17 investigation, inquiry or trial (e.g. apprehended tempering with documents or to influence witnesses).
(4-b). The Pro-Vice-Chancellor under suspension shall be entitled to a subsistence allowance at an amount equal to leave salary which the Pro- Vice- Chancellor would have drawn if he had been on leave on half average pay or on half pay and in addition, dearness allowance, if admissible on the basis of such leave salary:
Provided that where the period of suspension exceeds three months, the Chancellor shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the first three months as follows:-
(i) the amount of subsistence allowance may be increased by a suitable amount not exceeding fifty percent of the subsistence allowance admissible during the period of first three months, if, in the opinion of the Chancellor, the period of suspension has been prolonged for reasons to be recorded in writing, not directly attributable to the Pro-Vice-Chancellor;
(ii) the amount of subsistence allowance, may be reduced by a suitable amount, not exceeding fifty percent of the subsistence allowance admissible during the period of three months, if, in the opinion of the Chancellor, the period of suspension has been prolonged for reasons, to be recorded in writing, directly attributable to the Pro-Vice-Chancellor; and
(iii) the rate of dearness allowance shall be based on the increased or, as the case may be, the decreased amount of subsistence allowance admissible under clauses (i) and (ii).
(4-c) No payment under sub-section (4-b) shall be made unless the Pro-Vice-Chancellor furnishes a certificate that he is not engaged in any other employment, business, profession or vocation.]
(5) If, in the opinion of the Chancellor, the Pro-Vice-Chancellor willfully omits or refuses to carry out the provisions of this Act, or abuses the powers vested in him and if it appears to the Chancellor that the continuance of the Pro-Vice-Chancellor in office is detrimental to the interest of the University, the Chancellor may, after consultation with the Executive Council and the Government by order remove the Pro-Vice-Chancellor after giving him an opportunity of showing cause against the action proposed to be taken in regard to him:
1[Provided that in the event of taking any action on a report of an enquiry under section 9 or section 9-B this Act, as the case may be, no further inquiry shall be necessary under this sub-section but the Pro-Vice-Chancellor shall be afforded an opportunity of being heard after making him available a
1. Proviso inserted vide H.P. Act No. 4 of 2004, effective from 22nd September,
2003.
18 THE HIMACHAL PRADESH UNIVERSITY ACT, 1970 copy of inquiry report.]
(6) The Pro-Vice-Chancellor may, by writing under his hand addressed to the Chancellor, resign his office. The resignation shall be delivered to the Chancellor ordinarily at least 60 days prior to the date on which the Pro-Vice-Chancellor wishes to be relieved from his office, but the Chancellor may relieve him earlier. The resignation shall take effect from the date of his relieving.
12-E. Powers and duties of the Pro-Vice-Chancellor.- (l) Subject to the control and supervision of the Vice-Chancellor, the Pro-Vice-Chancellor shall perform such duties and exercise such powers as may be conferred upon him under the Act or the Statutes or are delegated to him by the Vice- Chancellor or the Executive Council.
(2) The Pro-Vice-Chancellor shall be the ex-officio Vice-Chairman of the Executive Council, the Academic Council and the Finance Committee. He shall be entitled to be present at and to address any meeting of any authority or body of the University, but shall not be entitled to vote there at unless he is a member of such authority or body.]