( First published, after having received the assent of the Governor,
in the " Maharashtra Government Gazette " on the 21stJanuary 1999.)
An Act to establish and incorporate
a
WHEREAS it was expedient to establish and incorporate an independent University of Health Sciences for the purposes of ensuring proper and systematic instruction, teaching, training and research in modern medicine and Indian Systems of Medicine in the State of Maharashtra, and to have balanced growth in the medical sciences so also an uniformity in various courses in medical faculty in the State, and to provide for matters connected therewith and incidental thereto;
AND WHEREAS it was considered necessary to immediately make a
law for the same;
AND WHEREAS both Houses .of the State Legislature were not in session;
AND
WHEREAS the Governor of Maharashtra was satisfied that circumstances existed
which rendered it necessary for him to take immediate action to make a law for
the purposes aforesaid; and, therefore, promulgated the Maharashtra University
of Health Sciences Ordinance, 1988, on
AND WHEREAS upon the reassembly of the State Legislature on the 2Oth July 1998, the Maharashtra University of Health Science& Bill, 1998 (L. A. Bill No. XXXV of 1998), for converting the said Ordinance into an Act of the State Legislature, was introduced in the Maharashtra Legislative Assembly On the 21st July ]998 and was passed by the Legislative Assembly on the 3Oth July 1998 and was then transmitted to the Legislative Council and was passed by the Legislative Council with amendments on the 7th August 1998;
AND WHEREAS both houses
of the State Legislature were prorogued on
AND WHEREAS as provided
under article 213 (2) (e) of the Constitution of India, the said
Ordinance was to cease to operate after the 3Oth August 1998, on which date the
period of six weeks from the date of reassembly of the State Legislature was to
expire;
AND WHEREAS it was expedient to take il11mediate action to continue the operation of the provisions of the said Ordinance by law;
AND WHEREAS both houses of the State Legislature were not in Session and the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to continue the provisions of the said Ordinance; and therefore, by repealing by withdrawal the said ordinance, promulgated with retrospective effect, that is with effect from the 3rd June
1998, the Maharashtra
AND WHEREAS it is expedient to
replace the provisions of the Maharashtra University of Health Sciences Ordinance, 1998
followed by the Maharashtra University of Health Sciences ( Continuance)
Ordiance,1998 by an Act of the State Legislature; It is hereby enacted in the
Forty-ninth year of the Republic of India as follows :-
CHAPTER I PRELIMINARY
1. (1) This
Act may be called the Maharashtra University of Health Sciences Act, 1998.
(2)
It extends to the whole of the
State of
(3)
It shall be deemed to have come
into force on
Definitions
2. In this Act, unless the context otherwise requires, -
(1)
“academic services unit” means
a University science and instrumentation centre, academic staff college,
computer centre. University printing press or any other unit providing
specialised services for the promotion of any of the objectives of the University;
{2) " affiliated college " means a college imparting
education in Health Sciences which has been granted affiliation by the
University ;
(3) "
approved institution "means
hospital, health centre, affiliated college or such other institution
recognised by the University as an institution in which a person may undergo
training, if any, required by a course of study before the conferral of any
degree, diploma or other academic distinction of the University;
(4) “authorities " means the authorities
of the University as specified by or under this Act ;
(5) " autonomy " means a privilege of the University'
conferred by Statutes permitting a college, institution or a University
department to conduct academic programmes and examinations, develop syllabus
for the respective subjects and issue certificates of passing the examinations,
etc. A college, institution or a University department which has been granted
autonomy shall have full academic. administrative and financial autonomy,
subject to the provisions of this Act and Statutes;
(6) "
autonomous college ", " autonomous institution " or "
autonomous department" moans a college, Institution or department to which
autonomy is granted and is designated to be so by Statutes ;
(7) " bodies " means the bodies of
the University formed by the respective authorities ;
(8) " Central Councils " means various Councils of
Health Sciences constituted by the Central Government ;
(9) " Chancellor ", "
pro-Chancellor ", " Vice-Chancellor " and " pro-Vice-
Chancellor " means, respectively, the Chancellor, the Pro-Chancellor, the
Vice. Chancellor and the Pro-Vice-Chancellor of the University;
(10) " collaboration " means collaborative academic activity of the University with other universities, academic institutions (local, regional, national or inter- national), research institutions and organizations;
(11) " college "
means a college imparting education in Health Sciences con- ducted by the
University or affiliated to the University situated in the State of
(12) “conducted college " means a college maintained and managed by the University;
(13) " department " means a department teaching a particular subject or a group of subjects in a college as prescribed in Statutes;
(14) " Director " means a head of an institution including a centre, or a school' 'of the University as designated by the Management Council;
(15) "
Director of Medical Education and Research ", " Director of Health ,
Services " and " Director of Ayurveda
" means respectively, the Director of j Medical Education and
Research, Maharashtra State, the Director of Health Services, Maharashtra State
and the Director of Ayurveda, Maharashtra State ;
(16) "
Government " means the Government of Maharashtra ;
(17) “Health
Sciences " means modern scientific medicine in all its branches concerning
preventive, promotive, curative and rehabilitative services and includes
surgery, obstetrics and gynaecology, pharmacy, dental science, nursing and
other , allied subjects including the Indian System of Medicine in all their
branches; The word " pharmacy
" deleted by Maharashtra University of Health Sciences Act of 2000 No.56
published in M. G. G., dated 27th December 2000.
(18) " hostel" means unit of residence for the students of the University maintained or recognised by the University in accordance with the provisions of this Act;
(19) " Indian Systems of Medicine"
includes Ayurveda, Unani, Homeopathy,
Naturopathy, Yoga and such other disciplines as may be prescribed ;
(20) " Local Managing Committee " means a Committee constituted for College under the provisions of this Act ;
(21) " Management " means the trustees, or the managing or governing body by whatever name called, of any trust registered under the Bombay Public Trusts Act, 1950 or any society registered under the Societies Registration Act, 1860 under the management. of which one or more colleges or recognised institutions ; or other institutions are conducted and admitted to the privileges of the University:
Provided that, In relation to any college or institution established
or maintained" by the Central Government or the State Government or a
local authority such as a Zilla Parishad, municipal
council or municipal corporation, it means, respectively, the Central
Government or the State Government or the concerned local authority that. is the Zilla
Parishad, municipal council or municipal
corporation, as the case may be ;
(22) " non - vacational academic staff ,. means such staff as the
Government may classify to be non-vacational academic
staff and includes all such staff which is complimentary to academic staff but,
shall not include the staff engaged purely in discharging administrative
function;
(23) “Other Backward Classes " means such classes or parts of or groups within such classes as are declared, from time to time, by the State Government to be the Other Backward Classes and Vimukta Jatis and Nomadic Tribes;
(24) “post-graduate department " means a department in a college or institution of higher learning, research or specialised studies, imparting post-graduate instruction or guidance for research recognised to be so by the University;
(25) “prescribed " means prescribed by Statutes or Ordinance or Rules or Regulations, as the case may be, made by or under this Act ;
(26) “principal or Dean " means the head of a college, specialised educational institution, post-graduate centre or other recognised institution duly approved by the University;
(27) " recognised institution " means an institution of higher learning, research or specialised studies other than an affiliated college and recognized to be so by the University ;
(28) "Registrar " means the Registrar of tho University appointed under section 18 and includes Deputy Registrar and Assistant Registrar ;
(29) “registered graduate " means a graduate registered or deemed to be registered under this Act ;
(30) “ Schedule Castes
" means such castes, races or tribes or parts of, or groups within, such
castes, races or tribes as are deemed to be Scheduled Castes, in relation to
the State of Maharashtra under article 341 of the Constitution of India and for
the purposes of this Act includes Nav-Buddhas;
(31) “Scheduled
Tribes" means such tribes or tribal communities or parts of or groups
within, such tribes or tribal communities as are deemed to be Scheduled Tribes
in relation to the State of Maharashtra under article 342 of the Constitution
of India residing in any part of the State of Maharashtra ;
(32) “school " means a school of studies maintained by or recognised as such by the University;
(33) “Statutes", “Ordinances", “Rules" and “Regulations" mean, respectively, the Statutes, Ordinances, Regulations and Rules of the University made by or under this Act ;
(34) “student of the University " means a person enrolled in the University for undergoing a course of study for a degree, diploma or other academic distinctions of the University;
(35) “ teachers " means full time approved Demonstrators, Tutors, Assistant Lecturers, Lecturers, Readers, Associate Professors, Professors and other persons teaching or giving instructions on fun time basis in affiliated colleges or approved institutions in the University ;
(36) “University " means (the Maharashtra University of Health Sciences established under section 3 of this Act;
(37) “University department " means a department established and maintained by the University;
(38) “University Grants Commission” means the Commission established under section 4 of the University Grants Commission Act, 1956 ;
(39) “University institution " means a centre, a school, or an institute establish. ed and maintained by the University;
(40) “University
teacher " means a teacher appointed by the University.
CHAPTER II
THE
UNIVERSITY
3. (1)
There shall be established a University
by the name “The Maharashtra University of Health Sciences " with
jurisdiction over the whole of the State of
(2)
The University shall be a body corporate, by the name specified in sub-section
U Dl, (I) and shall have perpetual succession and a common seal and
shall sue and be sued by the said name.
(3) 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 or this Act :
Provided that, no such lease, sale
or transfer of such property shall be made without the valuation made thereof
by the approved valuer appointed by the University and without the prior
consent of the Government.
(4) In
all suits and other legal proceedings by or against the University, the
pleadings shall be signed and verified by the Registrar or any other person
authorised in this behalf, and all process in suits and proceedings shall be
issued to and served on the Registrar.
(5) The headquarter of the University shall be located at Nashik
and it may establish additional campuses at such other places with the prior
approval of the Government within the State of Maharashtra as it may deem fit
and appropriate.
(6) The University shall be both, a teaching and an affiliating
University.
4. The
objects of the University shall be to disseminate, create and preserve know- 01
1edge and understanding by teaching, research, extension and service and by
effective demonstration and influence of its corporate life on society, in
general, and in particular the objects shall be -
(a)
to
carry out its responsibility of creation, preservation and dissemination of
knowledge ;
(b)
to promote discipline and the spirit of
intellectual inquiry and to dedicate itself as a fearless academic community to the sustained
pursuit of excellence ;
(c)
to encourage individuality and diversity
within a climate or tolerance and mutual understanding
(d) to promote freedom
secularism, equality and social justice as enshrined in the Constitution of
India and to be catalyst in socio-economic transformation by promoting basic
attitudes and values of essence to national development;
(e) to extend the
benefits of knowledge and skills for development of individuals and society by
associating the University closely with local and regional problems of
development ;
(f) to carry out
social responsibility as an informed and objective critic, to identify and
cultivate talent, to train the right kind of leadership in all walks of life
and to help younger generation to develop right attitudes interests and values
;
(g) to promote equitable
distribution of facilities of Health Sciences education;
(h) to provide for
efficient and responsive administration, scientific management and develop organization of teaching and
research ;
(i) to promote acquisition of knowledge in rapidly developing and
changing society and to continually offer opportunities of upgrading knowledge,
training; and skills in the context of innovations, research and discovery in
all fields of human endeavour by developing educational network related to
Health Sciences with use of modern communication media and technologies
appropriate for a learning society;
(j) to strive to
promote competitive merit and excellence as the sole guiding criterion in all
academic and other matters relating to students ;
(k) to impart education and training to achieve the goal of physical, mental spiritual health of every individual ;
(l) to
create better understanding between different systems of medicines through
inter-disciplinary study and research ;
(m) to establish and develop Indian Systems or Medicine so as to keep he of a healthy individual and to cure the disease or diseased individual.
5. The University shall have the
following powers and duties namely :-
(a) to make provision to enable conducted
and affi1iated colleges and recognised institutions to undertake specialised
studies ;
(b) to establish, maintain and manage
University departments, laboratories, libraries, museums and equipments for
leaching or research;
(c) to
establish, maintain and manage departments and institutions of research
specialised studies or academic services unit ;
(d) to organise maintain and manage colleges institutions, hostels, he , centres, auditoria and gymnasiums ;
(e) to provide for establishment of campus for serving a group of affiliated colleges, and also to provide for and maintain common resources centres in such campuses in the form of libraries, laboratories, computer centres, and the like centres of learning ;
Provided that, in case of any
industry or any non- Government organizations availing themselves of such facility of the University or such
organizations providing the faculty to the University prior
approval of the Government shall be obtained by the University;
(f) to create posts of directors, principals, teachers and
other teaching or non- vacation academic posts required by the University with
the prior approval of the State Government, and to prescribe their
qualifications and make appointments thereto;
(g)
to appoint or
recognise persons working in any other University or organization as teachers
of the University for specified period ; .
(h) to create non-teaching skilled, administrative,
ministerial and other posts and prescribe the qualifications and pay-scales for
such posts, with prior approval of the State Government and to make
appointments thereto ;
(i) to facilitate mobility of teachers within the University and to other Universities with the consent of the teacher concerned ;
(j) to make provision. wherever feasible
in the University departments, affiliated colleges, institutions, recognised
institutions and schools, for survey and collection of statistics, data and
other particulars relevant to various developmental activities including State
and National plans evaluation of the developmental schemes with the
participation of the students as a part of their curricular activities;
(k) to control and regulate admission of students for various
courses or study in University departments, conducted and affiliated college,
institutions, schools and recognised institutions;
(l) to lay down the conditions of affiliation of colleges and recognition of institutions taking into account the credibility of the management and the norms of academic performance of colleges, faculties and subjects, as may be laid down from time to time, and satisfy itself by periodical assessment or otherwise that those conditions are fulfilled ;
(m) to designate a University department,
conducted college, an affiliated college, institution, or school as an
autonomous University department, conducted college, affiliated college: or
institution or school, as the case may be, in accordance with the guidelines,
if any, laid down by the University Grants Commission;
(n) to monitor and evaluate the academic
performance of affiliated colleges and recognised institutions for affiliation
and periodical accreditation ;
(o) to inspect, where necessary, affiliated colleges and recognised institutions through suitable machinery established for the purpose, and take measures to ensure that proper standard5 of instruction, teaching and training are maintained by them, and adequate library, laboratory, hospital, workshop and other academic facilities are provided for ;
(p) to hold and to manage trusts and
endowments and institute arid award, fellowships travelling fellowships,
scholarships, studentship, medals and prizes for teachers and students or the University
and co11eges ;
(q)
to make arrangements for promoting welfare of employees of the University ;
(r)
to
co-ordinate and regulate teaching and research in the affiliated colleges and
recognised institutions;
(s)
to
provide for the training and quality improvement of teachers and non-teaching
employees;
(t) to provide for periodical assessment
of the performance of teachers and non-teaching employees of the colleges, institutions and University in
accordance with the provisions of Statutes;
(u) to regulate and provide for
attendance of the teachers on the premises of the University or College or
institutions during teaching hours and beyond teaching hours, as prescribed and
to prohibit teachers from taking & or conducting private tuition or private
coaching classes
(v) to prescribe for conduct and discipline rules for teaching and non-teaching staff and to ensure the enforcement thereof;
(w) to prescribe the
Code of Conduct for managements;
(x)
to
establish, maintain and manage, whenever necessary
(i)
a
printing and publication department ;
(ii)
University
extension boards ;
(iii)
information
bureaus;
(iv)
employment
guidance bureaus; and
(v)
such
other activities as may be necessary and possible to fulfil the objects of the
University;
(y) to Co-operate or collaborate with any other University, institution, authority or organization for research and advisory services and for such purposes to enter into appropriate arrangement with other Universities, institutions, authorities, or organizations to conduct certain courses as the situation may demand ;
(z) to
rescind affiliation granted to the colleges ;
(aa) to explore the possibilities of
augmenting the resources of the University
by exploring or innovating activities such as research and development,
consultancy, training programmes
and providing services different clients from industry, trade or any other
non-government organizations ;
(bb) to recommend to the Government to take over, in the
public interest, the management of an affiliated college, institution or
autonomous college in case where irregularities or commissions or omissions of
criminal nature by the management of such college, or institution are prima-facie
evident to the committee of enquiry appointed by the University;
(cc) to receive funds for collaboration programmes from
foreign agencies subject to rules and regulations of the Central Government and
Government in that behalf;
(dd) to lay down for teachers and University
teachers, service conditions including code of conduct, workload, norms of
performance appraisal, and such other instructions or directions as, in the
opinion of the University, may be necessary in academic matters ;
(ee) to undertake development programmes in Health
Sciences, research, consultancy based projects and training programmes for
outside agencies, by charging fees so as to generate resources;
(ff) to provide for instruction and training in such branches
of medicine and allied sciences as may be
considered suitable and to make provision for research and for the advancement
and dissemination of knowledge in Health Sciences, striving to maintain at all
times highest possible standards of academic excellence;
(gg) to institute and award degrees,
diplomas certificates and other academic distinctions for persons who shall
have pursued approved courses of study in a University college or an affiliated
college unless exempted there from in the manner prescribed and shall have
passed the prescribed examinations of the
University or shall have carried on research satisfactorily under
conditions as may be prescribed ;
(hh) to develop, upgrade and start
department in medical specialities a may be required and to provide
instructions for such courses of study as it may determine;
(ii) to hold examinations and to confer honorary degrees or
other distinctions under conditions as may be prescribed.
(jj) to prescribe conditions under which the
award of any degree title, diploma and other academic distinctions may be
withheld;
(kk) to institute. maintain and administer
University colleges, hospitals and laboratories and institutes of research,
library or other institutions necessary to carry out the objects of the
University ;
(ll) to affiliate or recognise colleges and
institutions and to withdraw such affiliation or recognition ;
(mm) to establish, maintain and administer hostels. to recognise
hostels not managed by the University and to suspend or withdraw such
recognition there from ;
(nn) to exercise such control over the students
of the University, as well to secure
their health. well being and discipline and to exercise through the
affiliated colleges control for similar purposes over the students of affiliated
colleges ;
(oo) to accept hold and manage any endowments,
donations or funds which may become vested in it fol the purposes of the
University by grant testamentary disposition or otherwise, and to invest such
endowments, donations or funds in any manner that the University may deem fit;
Provided that no donation from a
foreign country, foreign foundation or any person in such country or foundation
shall be accepted by the University save with the approval of the Government ;
(pp) to borrow money with or without security for such purpose,
as may be approved by the Government from the Central Government. the
University Grants Commission or other incorporated bodies subject to the
provisions of this Act;
(qq) to fix fees and demand and collect such fees as may be
prescribed ;
(rr) to
undertake publication of works of merit and research pertaining to Health Sciences ;
(ss) to
establish and maintain University Libraries, Research Station and Museums;
(tt)
to establish research posts and to appoint 'suitable persons
to such posts;
(uu)
to establish suitable residential accommodation to the staff
of the University to the extent
feasible;
(vv)
generally to do such other acts or make such other
provision& as may be deemed necessary
or desirable to further the objects of the University;
(ww)
to comply with and Carry out any directives issued by
Government from time to time, with reference to above powers, duties and
responsibilities of the University.
6. (1) No college in the State of Maharashtra imparting education in Health Sciences shall, save with the consent of the University and the sanction of Government, be associated in any way with or seek admission to, any privileges of any other University in India or abroad.
(2) Any such privilege enjoyed from other
University before the date of commencement of this Act by any
(3) On and from the date of commencement of this Act, all colleges and autonomous Institutions of Health Sciences previously admitted to the privileges of or affiliated to the Universities specified in the Schedule appended to this Act, shall be deemed to be admitted to the privileges of or affiliated to, the Maharashtra University of Health Sciences established under section 3 of this Act.
7. (1) No citizen of India shall be
excluded from any office of the University or from membership of any of its
authorities, bodies or committees, or from, appointment to ally post, or from
admission to any degree, diploma, certificate or , other academic distinction
or course of study on the ground only of sex, race, creed, class, caste, place
of birth, religious belief or profession or political or other opinion :
Provided that, the University may
maintain, accredit or recognise any college or institution exclusively for
women or reserved for women.
(2) The University shall adopt Government policy and orders or directions issued from time to time, in regard to the reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes for appointment to different posts of teachers and non-teaching officers and employees and for the purpose of admission of students in the affiliated or conducted colleges, University departments, University institutions or recognised institutions.
(3) The University shall adopt the general policy of Government is regard to the welfare of various categories of weaker sections of the society and minorities as directed by the Government, from time to time.
8. (1)
The Government may at. any time, by
notification in the Official Gazette, transfer any Government
(2) When any Government college is transferred to the University under sub- section (1) with effect from the date on which such transfer takes place, the following consequences shall ensue, namely:-
(i) all the
assets including the properties and liabilities pertaining to the said college
shall stand transferred to, and vest in the University;
(ii) all members of the teaching staff or other employees of the said
college who immediately before the date
of such transfer were serving in or were attached to, that college shall stand
transferred to the appropriate cadre or category of posts in the University on
the same condition of service as were applicable to them before such transfer
and unless and until such conditions are altered with the consent of such
persons :
Provided that, no such member of
the teaching staff or other employee of the said college shall be transferred
unless he has given his consent in this behalf :
Provided further
that, if any such teacher or other employee does not give his consent for such
transfer, he shall, notwithstanding any contract or anything contained in any
provision of taw for the time being in force, be retired from service.
He shall not be entitled
for any damages or compensation in respect of such retirement, but shall be
entitled to all benefits of retirement for the period or service rendered by
him tin the date of retirement.
9. (1) Without
prior approval of the Government, University shall not-
(a)
create
any new posts of teachers, officers or other employees;
(b)
revise
pay, allowances, post-retirement benefits and other benefits and other benefits
of its teachers, officers and other employees ;
(c)
grant
any 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)
divert
any earmarked funds received for any purpose other than that for which it was
received ;
(e)
incur
expenditure on any developmental work from the funds received from the
Government or University Grants Commission or any person or body for the
purposes other than the purposes fur which the funds are received;
(f) take any decision regarding affiliated colleges resulting in
increased financial liability, direct or indirect, for the Government-
(2) The University shall be competent to
incur expenditure from the fund' received from,-
(a) various funding
agencies without any share or contribution from the Government
(b)
fees
for academic programn1cs started on self-supporting basis ;
(c) contributions received from the in
individuals, industries, institutions, organizations or any person whosoever,
to further the objectives at the University;
(d) contributions or fees for academic or other
services offered by the University;
(e) development
fund, if any, established by the University; for the purposes of -
(i) creation of posts in various categories
for specific period ;