( 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 ;
(ii)
granting
pay, allowances and other benefits to be posts created through its own funds,
provided those posts are not held by such persons, who are holding the posts
for which Government contribution is received;
(iii) starting any academic programme on self-supporting basis;
(iv) incurring
expenditure on any development work;
without, referring the matter for approval of
the Government. provided there is no financial liability, direct or indirect,
immediate or in future on the Government.
(3) Tho Government may, in accordance with the provisions
contained in this , Act, for the purpose of securing and maintaining uniform
standards, by; notification in the Official Gazelle. prescribe a
Standard Code providing for the
classification. manner and mode of selection and appointment, abortion
of teachers and employees rendered surplus, reservation of posts in favour of
members of tho Scheduled Castes, Scheduled Tribes and Other Backward Classes,
duties. workload pay, allowances, post-retirement benefits, other benefits,
conduct and disciplinary matters and other conditions of service of the
officers, teachers and other employees of the University and the teachers and
other employees in the affiliated colleges and recognised institutions (other
than those managed and maintained by the Government, Central Government and the
local authorities) When such code is
prescribed tho provisions mado in the Code shall prevail and the provisions
made in Statutes, Ordinances. Regulations and Rule) made under this Act; for
matters included, in the Code shall, to tho extent to which they are
inconsistent with the provisions of tho
Code , be invalid.
(4) In case of failure of the University to exercise powers or
perform duties specified in section 5 or where the University has not
exercised such powers or performed such duties adequately or where there has
been a failure to comply with any order issued by Government the Government
may, on making such enquiry as it mar deem fit, issue a directive to the University
for proper exercise of such powers or
performance of such duties or comply with the order and it shall be the
duty of the University to comply with
such direction.
(5) The Government may carry out test audit or full audit or the accounts
of the University or a college, school or institution conducted by the
University regularly at such intervals
as the Government may deem fit.
CHAPTER III
OFFICERS OF THE UNIVERSITY
( A ) The Chancellor
10. ( 1) The Governor of
(2) The
Chancellor, when present, shall preside over the convocation of the University
and may issue directions to the Vice-Chancellor to convene the meeting of any
authority of the University for specific purposes, whenever necessary, and the
Vice-Chancellor shall submit the minutes of such meeting to the Chancellor
for the Chancellor's perusal.
(3) The
Chancellor may call for such information and record relating to any affairs of
the University and issue such directions thereupon as the Chancellor it may
deem fit in the interest of the University and the authorities and officers of
the University shall comply with such directions.
(4) The
Chancellor may after taking report in writing from the Vic-Chancellor suspend
or modify any resolution, order or proceedings of any authority, body Committee
or officer, which in the opinion of the Chancellor. is not in conformity with
this Act, Statutes, Ordinances. Rules or Regulations made there under or is not
in the interest of the University and tho University authority, body committee
and officer shall comply with the same :
Provided that, before making any such order, the Chancellor shall call upon the University, authority, body, committee or, as the case may be, officer to show cause within the period specified, why such an order should not be made, and if any cause is shown, the Chancellor shall consider the same and wherever he deems it necessary, after consulting the Government, decide the action to be taken in the matter, and such decision shall be final.
(5) Where, in the opinion of the Chancellor, the conduct of any elected or nominated or appointed or co-opted member is detrimental to the smooth functioning of the University or any authority or body or committee, the Chancellor may, after living such member an opportunity to offer explanation in writing and after considering such explanation, if any, and being satisfied that it is necessary so to do, suspend or disqualify such member for such period as the Chancellor may deem fit.
(6) (a)
The Chancellor shall have the
right to cause an inspection to be made by such person or persons or body of persons,
as he may direct, of the University, its buildings, hospitals, libraries,
museums, workshops and equipments of any college, institution or hostel
maintained, administered or recognised by the University and of the teaching
and other work conducted by or on behalf of the University or under its
auspices of, and of the conduct of examinations or other functions of the
University and to cause an inquiry to be made in like manner regarding any
matter connected with the administration or finances of the University;
(b) The
Chancellor shall, in every case, give due notice to the University of his
intention to cause an Inspection or inquiry to be made and the University shall
be entitled to appoint a representative, who shall have the right to be pvesent and to be
heard at the inspection or enquiry;
(c) After
an inspection or inquiry has been caused to be made, the Chancellor may address
the Vice-Chancellor on the result of such inspection or inquiry and the
Vice-Chancellor shall communicate to the Management Council the views of tho
Chancellor and call upon the Management Council to communicate to the
Chancellor through him its opinion thereon within such time as may have been
specified by the Chancellor. If the Management Council communicates its opinion
within tho specified time limit, after taking into consideration that opinion
or where the Management Council fails to communicate its opinion in time, after
the specified time-limit is over, the Chancellor may proceed and advise the
Management Council upon the action to be taken by it, and fix a time limit for
taking such action ;
(d) The Management Council shall, within the time limit So fixed, report to tho Chancellor through the Vice-Chancellor the action which has been taken or is proposed to be taken on the advice tendered by him ;
(e) The
Chancellor may, where action has not been taken by the Management Council to
his satisfaction within the time limit fixed, and after considering any
explanation furnished or representation made by the Management Council, issue
such directions as the Chancellor may think fit, and the Management Council and
other authority concerned shall comply with such directions ;
(f) Notwithstanding
anythil1g contained in the preceding sub-sections, if at an1 time the
Chancellor is of the opinion that in any matter the affairs of the University
are not managed in furtherance of the objects of the University or in
accordance with the provisionals of this Act, and the Statutes and Regulations
or that special measures are desirable to maintain the standard5 of University
teaching, examinations, research, administration or finances, the Chancellor
may indicate to the Management Council through the Vice-Chancellor any matter
in regard to which he desires all explanation and call upon the Management
Council to offer such explanation within such time as may be specified by him.
If the Management Council fails to offer any explanation within the time
specified or officers an explanation
which in the opinion of the Chancellor, is not satisfactory, the Chancellor may issue such directions as appear to him to be necessary, and the Management Council and any other authority concerned shall comply with such directions ;
(g)
The Management Counci1 shall furnish such information relating to the
administration and finances of the University as the Chancellor may, from time
to time, require ;
(h) The Management Council shall furnish to the State
Government such returns or other information with respect to the property or
activities of the University as the State Government may, from time to time,
require.
(7) The Chancellor shall exercise such other powers and perform such other duties as may be conferred upon or vested in the Chancellor by or under this Act.
(B) The Pro - Chancellor
11. (1) The
Minister incharge of the Medical Education in Maharashtra shall be the
Pro-Chancellor of the University and shall, in the absence of the Chancellor,
preside over the convocation of the University.
(2) The Pro-Chancellor may call for his information any papers re1ating to the administration of the affairs of the University and such requisition shall be complied with by the University.
(3) The annual programme of work of the University shall be referred to the Pro-Chancellor for his information and any suggestion made by him shall be considered by the Management Council.
(4) He shall also exercise such powers and perform such duties of the Chancellor as the Chancellor may, by order in writing, delegate to the Pro-Chancellor and such delegation may be subject to such restriction and conditions as may be specified in such order.
(C) Other Officers of the University
12. The following shall be other officers of
the University, namely :-
(1) the Vice-Chancellor ;
(2)
the
Pro- Vice-Chancellor ;
(3)
the
Deans of Faculties ;
(4)
the
Registrar ;
(5) the Controller of Examination;
(6) the Finance and Accounts Officer ;
(7) such other officers in the service of the University , as may
be prescribed by Statutes, to be the officers of the University.
13. (1) There
shall be a Vice-Chancellor appointed as provided in section 14 who shall be the
principal executive and academic officer of the University and ex-officio Chairperson
of the Management Council, Academic Council, Board of Examinations, Finance
Committee and Library Committee, and shall preside, in the absence of the
Chancellor rand Pro-Chancellor, at any convocation for conferring degrees and
also at any meeting of the senate. The powers and duties of the Vice-Chancellor
shall be as provided in section 16.
(2) The Pro-Vice-Chancellor shall be appointed as provided in Section 15 and the Pro-Vice-Chancellor whenever appointed, shall be responsible for the duties allotted to the Pro- Vice-Chancellor specifically by the Vice-Chancellor with the approval of the Management Council and the Pro- Vice-Chancellor shall preside over the meetings of the authorities of the University in the absence of the Vice-Chancellor.
(3) Save as otherwise provided, the emoluments and terms and conditions of services of the Vice-Chancellor and Pro-Vice-Chancellor shall be st1cb as may be determined by Government from time to time ,
(4) The other officers of the University shall be appointed in such manner and exercise such powers and perform such duties as provided in this Chapter,
(5) The conditions of service of the other officers of the University, shall be such as may be prescribed by Statutes.
14. (1) The Vice-Chancellor shall be appointed by the Chancellor in
the manner stated hereunder
(a) There shall be a committee
consisting of the following members to recommend suitable names for appointment as the
Vice-Chancellor, namely :-
(i)
The Secretary, Medical Education and Drugs Department of
Government :
(ii)
A nominee of the University Grants Commission;
(iii)
One member nominated by the Chancellor;
(iv)
One member nominated by the Management Council;
(v)
One member nominated by the Academic Council;
(vi)
A nominee of the Medical Council of India;
(b) The members nominated shall
be the persons who arc not, connected with the University or any college or any
recognised institution of the University:
(c) the Chancellor
shall nominate one of them as the Chairperson of the Committee ;
(d) The quorum for the
meeting of the Committee shall be three.
(2) The
process of preparing a panel shall begin at least three months before the
probable date of occurrence of the
vacancy of the Vice-Chancellor and shall be completed within the time-limit
fixed by the Chancellor. The Chancellor, however, may extend such time-limit if
in the exigency of the circumstances it is necessary so to do. however, that
the period so extended shall not exceed three months in the aggregate.
(3) The Committee shall recommend a panel of not less than three suitable persons from amongst the eminent Medical Educationist, however preference may be given to the persons who have held the post of Professor or Principal in institutions of Health Sciences for not less than ten years, for the consideration of the Chancellor, for being appointed as the Vice-Chancellor, The names shall be in alphabetical order. The report shall be accompanied by a detailed write-up on suitability for each person included in the panel.
(4) The Chancellor may appoint one of the persons included in the panel to be the Vice-Chancellor:
Provided however that,-
(a) if the Chancellor does not approve any of the persons so
recommended, he may call for a fresh panel either from the same committee or
after constitution of a new committee for the purpose, from such new committee;
(b) the first Vice-Chancellor shall be appointed by the
Chancellor on
recommendation of the Government. the person so recommended shall fulfill the criteria laid down in sub-section (3)
(5) The person appointed as the Vice-Chancellor shall, subject to the terms and conditions of his contract of service hold office for the contract period of five years from the date on which he enters upon his office or till attaining the age of sixty-five years, whichever is earlier and shall not be eligible for reappointment.
(6) The person appointed as the Vice-Chancellor shall hold a lien, if any, on tho post in which he is confirmed prior to the appointment.
(7) In any of the following circumstances, the existence whereof shall solely be judged by the Chancellor, namely :-
(a)
where the
committee appointed under sub-section (1) is unable to recommend any name
within the time-limit specified by the Chancellor ;
(b) where
the vacancy occurs in the office of the Vice-Chancellor because of death,
resignation or otherwise, and it cannot be conveniently and expeditiously
filled in accordance with the provisions of sub-sections (1) to (4);
(c) where
the vacancy in the office of the Vice-Chancellor Occurs temporarily because of
leave, illness or other causes ;
(d) where
the term of Vice-Chancellor has expired; or (e) where there is any other
emergency;
the Chancellor may appoint any
suitable person, to act as the Vice-Chancellor for a term not exceeding six months, in the
aggregate as the Chancellor may specify in his order :
Provided that, the
person so appointed shall cease to hold such office on the date on which the
person appointed as the Vice-Chancellor, in accordance with the provisions of
sub-sections (1) to (4), assumes office or the Vice-Chancellor resumes
office.
(8) The
Vice-Chancellor shall be a whole-time salaried officer of the University and
shall receive 8uch pay and allowances as determined by the Government.
In addition, the Vice-Chancellor shall be entitled to free furnished residence, a motor car (including its maintenance, repairs and fuel required therefor), with the service of a chauffeur free of charge.
(9) Such sumptuary allowance shall be placed at the disposal of the Vice- Chancellor as the Government may approve, from time to time.
(10) If a person receiving an honorarium from the Consolidated Fund of the State or if the principal of an affiliated college or a recognised institution or a University teacher is appointed as the Vice-Chancellor, the terms and conditions of service shall not be altered to the disadvantage during such person's tenure as the Vice- Chancellor :
Provided that, the resultant vacancy in such post shall not be filled in by along term appointment during the tenure of such persons as the Vice-Chancellor ;
(11) Notwithstanding anything contained in the foregoing
sub-sections, the person referred to in sub-section (6) shall stand retired
from that person's original post in accordance with the terms and conditions of
services of that post.
(12) The Vice-Chancellor may, by writing under own signature
addressed to the Chancellor, after giving one month's notice, resign from that
office and shall cease to hold that office, on the acceptance of the
resignation by the Chancellor or from the date of expiry of the said notice
period whichever is earlier .
(13) The Vice-Chancellor may be removed from the office if the
Chancellor is satisfied that the incumbent,-
(a) has become insane and stands so
declared by a competent court :
(b) has
been convicted by a court for any offence involving moral turpitude;
(c) has
become an undischarged insolvent and stands so declared by a competent court
(d) has been physically unfit and incapable of.
discharging functions due to protracted illness or physical disability;
(e)
is a member of, or
be otherwise associated with, any political party or any organization which takes part in politics, or is taking
part in, or subscribing in aid of. any political movement or activity.
Explanation -- For purposes of this sub-clause, whether any party is apolitical party, or
whether any organization takes part in politics or whether any movement or
activity falls within the scope of this sub-clause, the decision of the
Chancellor thereon shall be final :
Provided that, the Vice-Chancellor
shall be given a reasonable opportunity to show cause by the Chancellor before
taking recourse for his removal under clauses (d) and (e).
15. (1) The Chancellor may, in consultation with the Vice-Chancellor appoint a suitable person, who is an eminent medical educationist as a Pro-Vice-Chancellor o of the University :
Provided that, the Pro- Vice-Chancellor shall be a person who has held the post of ( professor or principal in an institution of Health Sciences for a period not less than seven years.
(2) The term of Pro-Vice-Chancellor shall be co-terminus with the term of office of the Vice-Chancellor or till he attains the age of sixty years, whichever is earlier .
(3) The Pro- Vice-Chancellor shall be a full time salaried officer of the University, and the pay and allowances admissible to him as well as the terms and conditions of his service shall be such as determined by the Government.
(4) When the office of the Pro-Vice-Chancellor falls vacant or when the Pro-Vice- Chancellor is, by reasons of illness or absence or any other cause, unable to perform the duties of his office, the Chancellor, upon the recommendation of the Vice- Chancellor, may appoint a suitable person qualified to be appointed as Pro-Vice- Chancellor, to officiate as Pro- Vice-Chancellor, till the Pro- Vice-Chancellor resumes office, or new Pro-Vice-Chancellor assumes duties, as the case may be.
16. (1) The
Vice-Chancellor shall be the principal academic and executive officer of the
University responsible for the development of academic programmes of the a
University. He shall oversee and monitor the administration of the academic
programmes and general administration of the University to ensure efficiency
and good order of the University.
(2) He shall be entitled to be present, with the right to speak, at any meeting of any other authority or body of the University but, shall not be entitled to vote thereat unless he is the Chairperson or member of that authority or body.
(3) The Vice-Chancellor shall have the power to convene meetings of any of the authorities. bodies or committees, as and when he considers it necessary so to do.
(4) The Vice-Chancellor shall ensure that directions issued by the Chancellor are strictly complied with or, as the case may be, implemented.
(5) It shall be the duty
of the Vice-Chancellor to ensure
that the provisiol1s of the Act, Statutes, Ordinance Rules and Regulations are
strictly observed and that the decisions of the authorities, bodies and
committees which are not inconsistent with the Act., Statutes, Ordinances,
Rules or Regulations are properly implemented.
(6)
The Vice-Chancellor may defer implementation of a decision taken or a resolution passed by any authority, body or
committee of the University if, he is of the opinion that the same is
not consistent with the provisions of this Act, Statutes, Ordinances, Rules or Regulations or
that such decision. or resolution is not in the interest of the University and
at the earliest opportunity refer it back to the authority body or committee
concerned for reconsideration in its next meeting with reasons to be recorded
in writing. If differences persist, he shall within a week, giving reason,
submit it to the Chancellor for decision and inform about having done so to the
members of the authority, body or committee concerned, After receipt of
the decision of the Chancellor, the
Vice-Chancellor shall take the action as directed by the Chancellor and inform
the authority, body or committee concerned accordingly.
(7) If there are reasonable grounds for the Vice-Chancel1er to believe that there is all emergency which requires immediate action to betaken, he shal1, take such action. As he thinks necessary, and shal1 at the earliest opportunity, report in writing, the grounds for his belief that there was an emergency, and the action taken by him, to such authority or body as would, in the ordinary course, have dealt with the matter. In the event. of a difference arising between the Vice-Chancellor and the authority or body whether there was in fact an emergency, or on the action taken (where such action does not affect any person in the service of the University), or on both, the matter shal1 be referred to the Chancellor whose decision shall be final.
Provided that where any such action taken by
the Vice-Chancellor affects any person in the service of the University, such
person shall be entitled to prefer, within thirty days from the date of the receipt
of the notice of such action, an appeal to the Management Council.
(8) Where any matter is required to be regulated by Statutes, Ordinances, Rules or Regulations but not Statutes, Ordinances, Rules or Regulations are made in that behalf, the Vice-Chancellor may, for the time being, regulate matter by issuing such directions as the Vice-Chancellor for thinks necessary, and shall at the earliest opportunity thereafter, place them before the Management Council or other authority or body concerned for approval. The Vice-Chance1lor may, at the same time place before such authority or body for consideration the draft of Statutes, Ordinances. Rule" or Regulations as the case may be, required to be made in that behalf.
(9) The Vice-Chancel1or shall be the appointing authority for the
University teachers 011 the recommendations of the selection committee
constituted for the said purpose and after approval by the Management Counci1.
(10) The
Vice-Chancel1or shall be the appoil1ting authority for officers of the
University of the rank of Assistant Registrar and of the rank equivalent
thereto- and above and after approval by the Management Council.
(11) As the Chairperson of the authorities or bodies or committees of the University, the Vice-Chancellor shall be empowered to suspend a member from the meeting of the authority, body or committee for persisting to obstruct or stall the proceedings or for indulging in behaviour unbecoming of a member, and shall report the matter
accordingly, to the Chancellor.
(12) The Vice-Chancellor shall place before the Management Council a report of the work of the University periodically as provided under the Ordinances.
(13) The Vice-Chancellor shall exercise such
other powers and perform such other duties as may be conferred Upon the
Vice-Chancel1or by or under this Act.
17. (1) There shall be a Dean for e faculty, who shall be a teacher with minimum ten years teaching experience. The Dean shall be an academic officer of the University concerned with and responsible for implementation of the academic policies approved by the Academic Council in respect of academic development, maintenance of standards of teaching and training of teachers within his faculty.
(2) The Dean of every faculty shall be elected by the members of the faculty from amongst themselves.
(3) The
Dean shall convene meetings of the faculty, as and when required, in
consultation with the Vice-Chancellor and shall preside over the same. The Dean
shall formulate the
policies and development programme of the faculty and present the same to
appropriate authorities for their consideration.
(4)
The Dean shall be responsible for the
academic development of the faculty and shall ensure proper implementation of
the decisions of the Management Council, Academic Council, Board of College and
University and the Board of Examinations in respect of the Dean's faculty and
the, decisions of the faculty and the Boards of Studies under the dean's
purview.
(5) Subject
to the superintendence, direction and control of the Vice-Chancellor the Dean
shall, after taking such advice as the
dean thinks necessary, decide upon the grievances of students regarding
the enrollment, eligibility, migration, scholarships,
studentships or freeships, grant of terms, admission
to University examinations.
(6) The Dean shall enquire, on being directed by the Academic Council, into any malpractice related to any academic programmeil1 the Dean's faculty by a University department, affiliated or conducted college or recognised institution and report the finding to the Academic Council,
(7) The Dean shall prepare proposals for the
award of fellowships, scholarships and other distinctions' in the Dean's
faculty for submission to the Academic Council.
18. (1) The Registrar shall be appointed by the Vice-Chancellor on the recommendation of a selection committee constituted for the purpose.
(2) The Registrar shall be the Chief Administrative Officer of the University. He shall be a full-time salaried officer and shall work directly under the superintendence, direction and control of the Vice-Chancellor.
(3) Appointment of the Registrar shall be for a term of five years and he shall be eligible for reappointment. The qualifications and experience for the purpose of selection of the Registrar shall be as laid down by the University Grants Commission and approved by the State Government.
(4) When the office of the Registrar falls vacant or when the Registrar is, by reason of illness or absence or any other cause, unable to perform the duties of his office for a period not exceeding six months, the Vice-Chancellor shall appoint a suitable person to officiate as the Registrar until a new Registrar appointed and assumes office or the Registrar resumes duty, as the case may be.
(5) The Registrar shall act as Secretary of the Senate, Management Council, Academic Council and such other authorities, bodies and committees as prescribed by or under this Act.
(6)
The Registrar shall be the appointing and the disciplinary authority of the employees of the University other
than the teachers, non-vacation academic staff and officers of the rank of
Assistant Registrar and other officers holding posts equivalent thereto or above. An appeal by a
person aggrieved by the decision of the Registrar may be preferred, within
thirty days from the date of communication of such decision, to the
Vice-Chancellor.
(7) Subject to the decisions of the authorities of the University, the Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University .
(8) The Registrar shall be custodian of the records, the common seal and such other property of the University as the Management Council may, commit to his charge.
(9) The Registrar shall conduct elections as per the programme approved by the Vice-Chancellor .
(10) The Registrar shall prepare and update the Handbook of the Statutes, Ordinances and Regulations approved by the authorities, bodies or committees from time to time, and make them available to all the respective members of the authorities and officers of the University.
(11) The Registrar shall receive complaints and suggestions in regard to the improvement of administration and consider them for appropriate action .
(12) The Registrar shall exercise such other powers and perform such other duties as prescribed by or under this Act or assigned to him, from time to time by the Vice-Chancellor .
19.
(1) (a) Controller of Examination shall be
appointed by the Vice-Chancellor, on the recommendations of a selection
committee constituted for the purpose;
(b) The Controller of Examinations shall be the
principal officer-in-charge of the conduct of examinations and tests of the
University and declaration of their results and shall discharge the functions
under the superintendence direction and guidance of the Board of Examinations.
The Controller shall be a full-time salaried officer of the' University and
shall work directly under the control of the Vice-Chancellor ; .
(c)
The appointment of
the Controller shall be for a term of five years, and the controller shall be
eligible for re-appointment. The qualifications and experience for the purpose
of selection of the Controller shall be such as may be prescribed by Statutes.
(2) The Controller shall be the Member-Secretary of the Board of
Exal1lination and of the committees appointed by the board; except the
committees constituted under clause (a) of sub-section (5) of section
31; for appointment of paper-setters, examiners and moderators. The Controller
shall be responsible for prompt and proper implementation of their decisions.
(3) Without
prejudice to the general1ty of the provisions of clause (b) of
sub-section (1), the Controller shall be responsible for making all
arrangements necessary for holding examinations and tests and declaration of
results. It shall be the Controllers responsibility :-
(a)
to prepare and announce in advance; the calendar of examinations :
(b)
to arrange for printing of question papers ;
(c)
to arrange to get performance of the candidates at the examination
properly assessed, and process the results ;
(d)
to arrange for the timely publication of results of examinations and
other tests ;
(e) to postpone or cancel examinations, in part or
in whole, in the event of malpractices or if the circumstances so warrant, and
take disciplinary action or initiate any civil or criminal proceedings against
any person or a group of persons or a college or an institution alleged to have
committed malpractices ;
(f) to take disciplinary action where necessary
against the candidates, paper setters, examiners, moderators, or any other
persons connected with examinations and found guilty of malpractices in
relation to the examinations;
(g) to
review from time to time, the results of University examinations and forward
reports thereon to the Academic Council.
(4) The Controller shall exercise other powers and perform such other duties as may be prescribed or assigned to the Controller, from time to time, by the Board of Examinations.
20.
(l) (a) The Finance and Accounts Officer shall be the principal
finance, accounts and audit officer of the University officer shall be
full-time salaried officer and shall work directly under the control of the
Vice-Chancellor ;
(b) The
Finance and Accounts Officer shall be appointed by the Management Council
either by nomination or by obtaining the services of a suitable officer on deputation from the Government:
Provided that, if no officer is
available on deputation, the Finance and Accounts Officer may be appointed on
recommendation of the selection committee constituted for this purpose;
(c)
The salary and
other conditions of the services of the Finance and Account.. officer shall be
such as may be prescribed by Statutes.
(2) The Finance and Accounts Officer shall be the Member-Secretary of the Finance and Accounts Committee and shall have the right to be present, speak and otherwise take part in the proceedings of the Management Council on matters which have financial implications but shall not be entitled to vote.
(3) The Finance and Accounts Officer shall maintain minutes of the meetings of Finance and Accounts Committee and the committees appointed by the Finance and Accounts Committee.
(4) The Finance and Accounts Officer shall be responsible for presenting the annual budget, statement of accounts and audit reports, to the Finance and Accounts Committee and to the Management Council.
(5) The duties of the Finance
and Accounts Officer shall be to-
(a) exercise gel1cral supervision over the funds
of the University, and s advise the Vice-Chancellor as regards the finances of
the University;
(b) hold and manage the funds, property
and investments, including trust and endowed property, for furthering any of
the objects of the University;
(c) ensure
that the limits fixed by the University for recurring and non-recurring
expenditure for a year are not exceeded, and that all allocations are expended
for the purposes for which they are granted or allotted;
(d) keep watch on the
state of the cash and bank balances and of investments;
(e)
keep watch on the
progress of collection of revenue and advise the Vice-Chancellor on the methods
to be employed for collection;
(I) have the accounts of
the University audited regularly;
(g) ensure
that the registers of buildings, land, equipment and machinery arc maintained upto-date and that the stock taking of equipments and other
consumable materials in all offices, colleges, workshops and stores of the
University is conducted regularly;
(h) propose to the Vice-Chancellor that
explanation be called for unauthorised expenditure or other financial
irregularities from any academic member of University;
(i) propose to the Registrar that
explanation be called from any non-academic member for unauthorised expenditure
or irregularities in any particular case, and recommend disciplinary action
against the persons at fault;
(j) call from any office, centre, laboratory,
college, department of the University or University institution, any
information and returns as deemed necessary for the proper discharge of the
financial responsibilities; and
(k) exercise such other powers, perform such other
duties, and discharge such other financial functions as are assigned, by the
Vice-Chancellor or are prescribed by Ordinances.
21.
All salaried officers, members of the authorities, committees or bodies,
teachers of the University and other employees of the University, shall be
deemed to be public servants within the meaning of section 21 of the Indian
Penal Code.
CHAPTER IV
AUTHORITIES OF UNIVERSITY
22.
The following shall be the authorities of the University, namely :-
(1)
the Senate,
(2)
the
Management Council,
(3)
the
Academic Council,
(4)
the
Faculty,
(5)
the Planning Board,
(6) the Board of Studies,
(7) the Board of Examinations,
(8) such other bodies of the University as
are designated by Statutes the authorities of the University.
23. (1) The Senate shall be the principal
authority for all financial estimates and budgetary appropriations and for
providing social feed back to the University on current and future academic
programmes.
(2) The Senate shall consist of the
following members namely : -
(a) The Chancellor;
( b) The Pro-Chancellor
;
(c)
The
Vice-Chancellor ;
(d)
The Pro-
Vice-Chancellor ;
(e) The Secretary to Government, Medical Education
and Drugs Department, or his nominee not below the rank of Deputy Secretary to
Government
(f)
The Director of
Medical Education and Research ;
(f)
The
Director of Health Services
(g)
The Director of Ayurveda
;
(i) Three members of the
Maharashtra Legislative Assembly, one each from the areas of three Development
Boards and two Members of Maharashtra Legislative Council e1ected from amongst
themselves;
(j)
The Deans of faculties;
(k)
Six persons nominated by the Chancellor in consultation with the Vice-
Chancellor from amongst persons having special interest in Health Sciences, out
of whom, three shall be persons from the Directors of the affiliated colleges
(one each from the Alopathy, Ayurvedic
and Homeopathic faculties of Health Sciences, and one shall be a person
belonging to the Scheduled Castes, one belonging to the Scheduled Tribes and
one shall be a woman;
(I) One person nominated by each University governed by the
Maharashtra Universities Act, 1994 ;
(m) Six persons to be nominated by the
Pro-Chancellor from amongst the graduates of Health Sciences being one each
representing the Mumbai, Pune, Aurangabad, Nagpur, Amravati al1d Nashik
Revenue Divisions of the State;
(n) Twelve principals of the affiliated Colleges
by rotation being two each representing the Mumbai. Pune,
(0) Six
Professors elected from amongst themselves, being one each from the Mumbai,
Pune, Aurangabad, Nag pur, Amravati and Nashik Revenue Divisions of the State;
(p) Five teachers
other than Professors, elected from amongst themselves;
(q) Six
members one each nominated by State Government to the Medical Council of India,
the Pharmacy Council of India, the Indian Nursing Council, the Dental Council
of India, the Central Council of Indian Medicine and the Central Council of
Homeopathy shall be ex-officio members of the Senate ;
(r) Six
Heads of Colleges nominated by the Chancellor in consultation with the
Vice-Chancellor by rotation for a period of
three years;
(s) The Registrar. who shall be
the ex-officio Secretary of the Senate:
(t) Three students' representatives elected
from the Colleges of Health Sciences in the State:
Provided that, no non-teaching employee of the University or an
affiliated College shall be eligible to be elected or nominated on the Senate.
(3) Two persons nominated by the Vice-Chancellor one of whom shall be an employee of the University and the other shall be from amongst the employees of the affiliated Colleges or recognised institutions other than University teachers, teacher & Registrar, Deputy Registrars, Assistant Registrars;
(4) The Chancellor
shall normally preside over the Senate. In the absence of the Chancellor,
the Pro-Chancellor, and in the
absence of both of them the, Vice-Chancellor shall preside over the Senate.
24. (1)
A meeting of the Senate shall be
held at least twice a year of dates to be fixed by the Vice-Chancellor. One of
such meeting shall be the annual meeting.
(2) A report on the working of the University
during the previous year, together with a statement of receipts and
expenditure, the financial estimates and the last audit report shall be
presented for the consideration of the Senate at the annual, meeting of the
Senate convened under sub-section (1).
(3) The Vice-Chancellor may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than fifteen members of the Senate, convene a Special Meeting of the Senate.
25. (1) The Senate shall have power to review, from time to time. the policies of the University and to suggest measures for the improvement and development of the University and to consider and pass resolutions on the annual accounts and audit reports of the University.
(2) Save as otherwise expressly provided in this Act the Senate shall have, the following powers -
(i) to confer on the recommendation of the
Management Council; honorary degrees or other academic distinctions;
(ii) to
make, amend or repeal Statues ;
(iii) to consider the financial estimates prepared
by the Management Council and pass resolutions thereon; -
(iv) to confer, on the recommendation of the
Management Council, the title of Professor of Meritus
;
(v) to exercise such other powers and perform such
other duties as may be conferred or assigned by Statutes, Ordinances and Rules
;
(vi) The
Senate shall transact the following business at its annual meeting, namely :-
(a)
review current academic programmes and collaborative
programmes ;
(b)
suggest new academic programmes consistent with the
social requirements
in Medical education;
(c) suggest measures for
improvement and development of the University ; and
(d) suggest
institution of new degrees, diplomas, certificates and other academic
distinctions.
(3) The Senate shall receive, discuss and approve the annual reports, accounts and audit reports of the University.
(4) The Senate shall review broad policies and programmes of the University and suggest measures for its improvement and development.
26. (1) The
Management Council shall consist of the following members, namely:-
(i) The Vice-Chancellor Chairperson ;
(ii) The
Secretary, Medical Education and Drugs Department or Secretary's nominee not
below the rank of Deputy Secretary;
(iii) The
Director of Medical Education and Research ;
(iii)
The
Director of Health Services;
(iv)
The Director of Ayurveda;
(vi) One
person nominated by the Chancellor;
(vii) One
Dean of faculty nominated by the Senate;
(viii) Three members elected by the Academic Council
from amongst its members as prescribed by Statutes :
Provided that, not more than one
person shall be from one faculty;
(ix) Four
experts in the field of Health Sciences to be nominated by the Chancellor on
the recommendation of the Vice-Chancellor one each from the Vidarbha,
Marathwada,
(2) The Registrar of the University shall be ex- officio Secretary
of the Management Council, but shall not have the right to vote.
(3) The Finance and Accounts Officer and the Controller of Examinations shall be permanent invitees of the Council, but they shall also have no right to vote.
(4) Seven members
of the Management Council shall form a quorum for a meeting.
(5) There shall be not1ess than four meetings of the Management Council in a year and the rules of procedure for conduct of business to be followed at a meeting and such other matters in relation to meetings as may be necessary shall be such as may be prescribed by Statutes.
27. The Management Council shall exercise the
following powers and perform p the following duties, namely :-
(a)
make such
provisions, as may enable colleges and institutions to undertake specialised
studies and. where necessary or desirable, organise and make provision for
common laboratories, libraries, museums and equipment for teaching and
research;
(b) establish departments, colleges, schools,
institutions of higher learning research and specialised studies, hostels and
provide housing for staff, on the recommendation of the Academic Council;
(c) make, amend or repeal Ordinances and prepare
draft Statutes and make such recommendations thereon to the Senate as it thinks
fit ;
(d) hold, control and arrange for
administration of assets and properties of the University;.
(e) the
budget estimates as received from the Finance and Accounts Committee with its
own modifications, if any, to the Senate for its final approval ;
(n) enter into, vary,
carry out and cancel contracts on behalf of the University;
(g) determine the form of a common seal for the
University, and provide for its custody and use;
(h) accept, on behalf of the University, trusts,
bequests, donations and transfer of any movable or immovable property to the
University;
(i) transfer by sale, or otherwise, any movable property on
behalf of the University;
(j) borrow, lend or invest funds on behalf of the University as recommended by the Finance and Accounts Committee ;
(k) lay down policy for administering funds at the
disposal of the University for specific purposes ;
(i) provide buildings, premises, furniture, apparatus and other means needed for the conduct of the work of the University;
(m) recommend to the
Senate conferment of honorary degrees and academic distinctions;
(n) institute
and confer such degrees, diplomas, certificates and other academic distinctions
as recommended by the Academic Council and arrange for convocation for
conferment of the same, as provided by Ordinances ;
(0) institute
fellowship, travelling fellowships, scholarships, studentships, exhibition.,
awards, medals and prizes, and prescribe rules therefor
in accordance with the Regulations made in this behalf;
(p) make
regulations for collaboration with other universities, institutions and
organizations for mutually beneficial academic programmes recommended by the
Planning Board;
(q) create posts of University teachers and
non-vacations academic staff on the recommendation of the Academic Council as
and when required ;
(r) lay down by Statute, on the basis of
qualifications and terms and conditions of service and other guidelines
approved by the State Government from time to time, and the procedure for
appointment of University teachers and non-vacation academic staff and fix
their emoluments and norms of workload and conduct and discipline ;
(s)
create posts of
officers and other employees of the University, subject to prior approval of
the State Government;
(I) lay
down by Statutes the procedures for appointment of Officers and other employees
of the University, qualifications, mode of recruitment, pay scales, terms and
conditions of service including conduct, discipline and their duties ;
(u) prescribe by Statutes procedure for
appointment of teachers, officers and other employees in all institutions and
colleges affiliated to the University, terms and conditions of their service
and rules and Procedures for their appointments ;
(v) prescribe fees and
other charges ;
(w)
prescribe
honoraria, remunerations and fees and travelling and other allowances for
paper-setters, examiners and other examination staff, visiting faculty, and for
such other services rendered to the University;
(x) receive
and consider report of the working the
University from the Vice- Chancellor periodica11y.as provided by the
Ordinances;
(y) prepare
academic calendar of the University as per the Statutes, and guidelines from
the University Grants Commission and the various Central Councils for next
academic year before the expiry of the current academic year;
(z) confer
autonomous status on University departments, affiliated colleges and recognised
institutions on the recommendation of the Academic Council subject to the
predetermined norms approved by the State Government having regard to the
guidelines of the University Grants Commission;
(aa) consider the perspective plan for the academic development of
the University prepared by the Planning Board
(bb) assess and approve
the feasibility of proposals from the Academic Council for academic programmes;
(cc) consider
and adopt the annual report, annual accounts and audit reports and forward them
to the Senate for approval;
(dd) cause an inquiry to be made in respect of any
matter concerning the proper conduct, working and finances of colleges,
institutions or departments of the University ;
(ee) delegate, any of its powers, except the power
to make, amend or repeal Ordinances, to the Vice-Chancellor or such officer or
authority of the University or a committee appointed by it, as it thinks fit.
28. (1) The Academic Council shall be responsible
for laying down the academic policies in regard to maintenance and improvement
of standards of teaching, research collaboration programmes in academic matters
and evaluation of work- load of the
teachers.
(2)
It shall consist of the following members, namely :-
(a)
the Vice-Chancellor, Chairperson;
(b)
the Pro-Vice-Chancellor, if any;
(c)
the Deans of Faculties;
(d)
Chairman of the Boards of Studies ;
(e)
the Director of the Planning Board;
(f) five principals of conducted,
autonomous or affiliated colleges to be elected by the principal& from
amongst themselves ;
(g)
one professor from amongst the professors in
the University departments or institutions, nominated by the Vice-Chancellor ;
,
(h)
one
teacher representing each faculty to be co-opted by the Academic Council I from
amongst the teacher having not Jess than sixteen years teaching experience,
other than principals of colleges, Heads
of University departments and Heads of recognised Institution
(i) one head of a recognised institution, nominated by the Vice-Chancellor ;
(j) one bead or director of an academic services unit of the University, nominated by the Vice-Chancellor;
(k) two eminent experts in the field of Health
Science, nominated by the Chancellor;
(i)
the
Director of Medical Education and Research,
(j)
the
Director of Ayurveda,
(3) The
Registrar shall act as the Secretary of the Academic Council, but shall have no
right to vote.
(4) The Academic
Council shall meet not less than twice a year.
29. (l) The
Academic Council shall be the principal academic authority of the ( University
and shall be responsible for regulating and maintaining the standards of teaching, research and examinations In the
University.
(2) Without prejudice to the generality of
the forgoing provisions, the Academic Council shall exercise the following powers and perform the following
duties, namely :-
(a) recommend
to the Management Council regarding institution of degree, diplomas,
Certificate and other academic distinctions:
(b) recommend
to the Management Council to make, amend or repeal Ordinance on issues related
to academic matters;
(c) make, amend or repeal
Regulations on matters specified in section 52 of the Act
(d) allocate subjects to the faculties;
(e) make proposals for the establishment of
conducted colleges, schools, departments. institutions of higher learning,
research and specialised studies, academic services units,
libraries, laboratories and museums in the University;
(f)
consider and make recommendations regarding new proposals for creation of
professorships, associate professorships, readership lectureship and non- vocational academic staff required by the
University;
(g) recommend to the State Government
or otherwise of the qualifications as prescribed by the University Grants Commission and the various Central
Councils for different categories of teachers and non-vacational
academic staff, and
for a particular post in these categories, whether in the University or in any
affiliated college or a recognised in5titution, and prescribe additional
qualifications, if any;
(h)
make proposals to
the Management Council for the institution fellowships, travelling fellowships, scholarship,
studentships, medals and prizes and make regulations for their awards;
(i) prescribe qualifications and norms for
appointment of paper-setters, examiners, moderators and others, concerned with
the conduct of examinations ;
(j) appoint
committees to review periodically the utility and practicability of the
existing courses of study and the desirability or necessity of reviewing
or modifying them in the light of new
kl1owledge or chal1gil1g social requirements ;
(k) make proposals for the col1duct of
interfaculty al1d area or regional studies, common facilities, such as il1strume!1tatiol1
centres, workshops, hobby centres, museums, etc. ;
(l) prescribed norms for recognition of any member
or the staff of an affiliated college or recognized institutions as a teacher
of the University;
(m) prescribed norms for granting
affiliation, continuation of recognition
extension of recognition to institutions of higher learning and research of specialised studies ;
(n) grant
affiliation to colleges or institutions in accordance with the provision of the
Statutes, Ordinances and Regulations;
(0) accord
recognition to institutions of higher learning, research of specialised studies
on the recommendation of the committees appointed by the Council;
(p) recommend to the Management Council conferment
of autonomous status on University institutions, departments, affiliated
colleges and recognised institution in accordance with the provisions of Ordinances ;
(q) make proposals to
the Management Council to prescribe fees and other charges;
(r) generally, advise the University on all
academic matters and submit to the Management Council feasibility reports on
academic programmes recommended by the Senate at its last annual meeting;
(s) exercise such other powers and perform
such other duties as may be conferred or impose on it by or under this Act, the
Statutes, Ordinances and Regulations.
30. (1) The Board of Examinations shall be the authority for conducting the examinations and making policy decisions in regard to organising and holding examinations, improving the system of examinations, appointing the paper-setters, examiners and moderators, and also prepare the schedule of dates for holding examinations and declaration of the results, The Board of Examinations shall also oversee and regulate the conduct of examinations in the autonomous colleges, institutions and University departments.
(2) The Board of Examinations shall deal with all the matters in relation to examinations and shall hear and decide the complaints received pertaining to any matter arising out of conduct of examinations. The procedure to be followed by the Board ill their deliberations shall be such as may be prescribed.
(3) The Board of
Examinatiol1s shall consist of the following members, namely. :-
(a) Vice-Chancellor, Chairperson
(b) Pro-Vice-Chancellor;
(c)
the
Dean of the faculty concerned with the examination;
(d)
one
head of University department, not below the rank of Reader, nominated by the Vice-Chancellor;
(e)
one
principal other than Dean of faculty nominated by the Management Council
(f)
one
teacher other than heads of departments or principals, nominated by the Management
Council
(g)
one evaluation
expert, co-opted by the Board;
(h)
Controller of
Examinations shall be the ex officio Member-Secretary.
31. ( 1) The Board of Examinations shall ensure proper organization of examinations and test& of the University, including moderation, tabulation and the declaration of results.
(2) The Board shall meet not less than once in each academic term.
(3) In particular and without prejudice to
the generality of duties as mentioned in sub-section (1) the Board shall
exercise the following powers and perform or in following duties, namely :-
(a) to
appoint paper-setters, examiners and moderators from amongst the persons
included in the panels prepared by the respective Boards of Studies and, where
necessary, having regard to the recommendations made by the committee under
clause (b) of sub-section (6) remove them or debar them;
(b)
to undertake, exercise and experiment in examination
reforms;
(c)
to exercise such
other powers in relation to examinations as may be assigned to it by or under
this Act.
(4) In case of any emergency requiring immediate action to be taken, the Chairperson of the Board or any other officer or person authorised by the Chairperson in that behalf, shall take such action as considered fit and necessary, and at the next meeting of the Board, the action taken shall be repo11ed by such person.
(5) (a)
In order to appoint paper-setters, examiners
and moderators, the Board of Examinations shall constitute committees for
every' subject consisting of,-
(i)
the Pro-Vice- Chancellor. Chairperson;
(ii)
the Dean of the concerned
faculty;
(iii) the Chairperson of
the concerned Board of Studies;
(iv) two members of the
Board of Studies nominated by it from amongst its members :
Provided that, where a
referee is to be appointed for evaluation of thesis and dissertation and for
conduct of viva voice examinations wherever prescribed for awarding
post-graduate, doctorate and higher degrees, two persons nominated by the
Academic Council shall also be members on the concerned committee;
(b)
The Controller of
Examinations shall be the ex-officio Secretary of such committees ;
(c)
The committees
shall prepare lists or persons for various examinations and tests, from amongst
persons, included in the panels to be prepared by the Board of Studies and
shall submit them to the Examination Board, which shall then appoint
paper-setters, examiners and moderators, and where necessary referees;
(d) No
member of the Board of Examinations or the committees shall be appointed as
paper-setter, examiner, moderator or referee;
(e) The
committee shall obtain three sets of question papers in sealed covers in the
respective subject. The Chairperson of the committee shall draw at random one of
such sealed covers containing question papers. This sealed cover with seal
intact shall then be sent to the press; .
(f) Assessment of answer books for all degree examinations shall
be done centrally through central assessment system. All the answer books of an
examination shall be collected at a convenient central place. The answer books
then will be given code numbers and will be masked. All the examiners will
attend the central assessment centres and they will assess the answer books at
the centre only. The answer books will then be damasked and the result sheets
will be prepared by the moderators :
Provided that. the University may. adopt the same system for post-graduate courses as well whenever it considers it expedient and practicable.
(6) (a)
In order to investigate and take disciplinary action for malpractices and
lapses on the part of candidates. paper-setters examiners. moderators.
referees. teachers or any other persons connected with the conduct of
examinations, the Board of Examinations shall constitute a committee of not
more than five persons of whom one shall be Chairperson;
(b) Such a committee shall submit its report and
recommendations to the Board of Examinations which shall take disciplinary
action in the matter as it deems fit.
(7) The Board shall prepare the financial estimates for incorporation in the budget of the University and shall submit the same to the Finance and Accounts Officer.
(8) The Board shall arrange for strict vigilance during the conduct of the examinations so as to avoid use of unfair means by the students. teachers. invigilators. supervisors. etc.
32. (1)
The faculties shall be the
principal academic co-ordinating authorities of the University in respect of
studies and research in relation to the subjects included in the faculty. and
also in respect of studies and research in multi-faculties.
(2) The University shall have
such faculties as prescribed by Statutes.
(3) A faculty shall be constituted. divided. combined with or abolished only with the approval of the Academic Council and as prescribed by Statutes.
(4) The faculty shall comprise such subjects
as are prescribed by Statutes.
(5) The faculty shall consist of the
following members :-
(a) the Dean of the
faculty-ex officio Chairperson;
(b) the Chairperson of
each Board of Studies for the subjects comprised in the faculty;
(c) three members of each Board of Studies to be
elected by the members of the Boards of Studies from amongst themselves, out of
whom at least one shall be a post-graduate teacher .
33. The faculty shall have the following
powers and duties namely :-
(a) to
consider and report on any matter referred to it by the Management Council.
Academic Council or Planning Board;
(b) to consider and approve recommendations of the
Boards of Studies in the faculty. and matters related to more than one Board of
studies not affecting any other faculty and recommend to the Academic Council
for action as it thinks fit;
(c) to
consider and recommend to the Academic Council. the academic matters within its
purview which affect any other faculty or faculties or which involve
administrative or financial implications ;
(d) to consider and recommend to the Academic
Council establishment of new courses inter-disciplinary courses and short-term
training programmes referred to it by the Board of Studies or Board of
Inter-disciplinary Studies if any constituted by Statutes:
(e) to mako recommendations to the
Planning Board in respect of the
requirements regarding the conduct of post-graduate or under-graduate
instruction teaching, research and training in University institutions or
departments, affiliated colleges and recognised institutions :
(f) to ensure that guidelines and rules
framed for the following matters by the Academic Council are implemented :-
(i)
long-term curriculum development;
(ii) faculty
development;
(iii) teaching or learning material development;
(iy)
research in educational matters with particular
reference to colleges;
(g) to plan and organise inter-departmental and
inter-faculty programmes i.e. consultation with the Board8 of Studies, other
faculties or Planning Board;
(h) to recommend to the academic staff college. and the
Academic Council regarding organization of refresher and orientation courses
for teachers of affiliated colleges and University} departments especially for
the revised or newly introduced or inter-disciplinary courses of study;
(i) to elect the Deans of the faculties;
(j) to prepare and submit the annual report of the functioning of
the faculty the Vice Chancellor;
(k) to consider any other academic matter which may be
referred to it
34.
(1) The Planning Board shall be responsible
to plan development of the University, both physical and academic, and it shall
conduct academic audit of the University departments, institutions, colleges
and recognised institutions. It shall also plan, monitor, guide and co-ordinate
under graduate and post-graduate academic programme and development of
affiliated colleges.
(2) It shall consist of the following members namely :-
(a) the Vice-Chancellor-Chairperson
(b) the Pro- Vice-Chancellor , if any;
(c)
one Dean of faculty, nominated by the Academic Council;
(d) one
Head or Director from amongst the Heads or directors of the University
institutions or departments, not below
the rank of professor and, who is not a Dean nominated by Academic
Council;
(e) one teacher, imparting post-graduate
instruction having not less than sixteen years of teaching experience,
nominated by the Vice-Chancellor ;
(n) one teacher imparting
under-graduate instruction having not less than sixteen years of teaching
experience, nominated by the Management Council;
(g) one
principal of an affiliated college of Health Sciences, nominated by the
Management Council from amongst the principals who are members of the Academic
Council; ,
(h) one principal of an affiliated
professional college nominated by Chancellor ;
(i) two experts, co-opted by the Board, from
3mongst the Heads of National and State level research institutions ;
(j) the Director of the Planning Board-Member-Secretary :
Provided that, the members
nominated in categories (c) to (i) above
as far as practicable, be drawn from different faculties.
(3) The Board shall actively establish collaboration with national and International Health Science Institutions. ,
(4) The Board shall meet at least twice a year.
35. The Board shall,-
(1) suggest
measures to create links and develop specific schemes of inter-university and
University and college interaction with industry, agriculture, banks, commerce,
science and community;
(2) prepare
University and college development plans, both short-term and long-term,
keeping in view the objectives of the University as laid down in the Act and
with due regard to the State and National Educational Policy;
(3) recommend
to the Management Council the development and collaborative programmes for the
departments, colleges and the University;
(4) monitor
and report the progress of all such approved development and collaborative
programmes to the Management Council once a year;
(5) evaluate and assess the use of grants by University department, post-graduate centres and affiliated colleges m respect of development projects and submit the report to the Academic Council;
(6) assess
the manpower requirements of trained persons in different fields, such as, Health
Sciences and technology and make necessary recommendations to the Academic
Council introducing and strengthening of relevant courses of study;
(7) organise
academic audit of development and collaborative programmes of University
institutions or departments, post-graduate centres and affiliated colleges,
according to the provisions of the Statutes at least once in three years and
make necessary recommendations to the University for implementation;
(8) scrutinise
the applications received for establishment. of new colleges or institutions
for affiliation to the University and process the same fur forwarding to the
State Government as provided by the Statutes.
36. (1) There shall be a Board of Studies for every subject or group of subjects ; as prescribed by the Statutes.
(2) The Board of Studies shall consist of,
(a) the Head of the University department or institution in the relevant subject :
Provided that, where there is no' University
department in the subject the Board shall at its first meeting co-opt the Head
of the Department from an affiliated college having post-graduate teaching in
that subject ;
(b) six Heads of Departments in affiliated colleges, other than principals, having not less than ten year's teaching experience, elected by the Heads of departments in affiliated colleges from amongst themselves.
(3) The Board, at its first meeting, shall co-opt,-
(a) one post-graduate teacher having not less than ten years teaching experience from amongst the teachers of affiliated colleges having post-graduate teaching in the subject
(b) one teacher having not less than ten years teaching experience, from amongst affiliated college teachers in the subject who is not head of the department in the University or affiliated college or principal;
(c) two eminent persons who are,-
(i) either professors or readers in other Universities; or
(ii) persons holding rank not lower than that of Assistant Director in national
laboratories or institutions or recognized institutions; or
(iii) experts in related field having published,
(a) at least one book; or
(b) research paper in recognised national or International Journals.
(4) The
Chairperson shall be elected by the members of the Board from amongst
themselves.
37.
The Board of Studies shall have the following powers and duties, namely:
(a) to
recommend, upon reference to it by the. Management Council, Academic Council or
the faculty concerned or otherwise, the Courses of studies the subject or group
of subjects within its purview;
(b) to recommend
books, including text-books, supplementary reading, reference books and other
material for such courses of study;
(c) to
recommend to the Academic Council for its approval the preparation and
publication of selections or writing or work of authors and other matters as
well as material consequent to curriculum development by the teachers of the
University for its introduction in the. syllabi of the Courses of study under
the purview of the Board in accordance with the Regulations made by the
Academic Council in. that respect;
(d) to advise the faculty or faculties concerned regarding improvements in the courses of study;
(e)
to recommend names
of suitable person .for inclusion in the panels for appointment of
paper-setters, examiners and moderators at the University examinations in the
subject by the Board of Examinations;
(f) to recommend to the Board of
Examinations, names of persons suitable for appointment of referees for
evaluation of these and dissertations and for conduct of viva voce examinations,
wherever prescribed, for awarding post-graduate doctorate and higher degrees; .
(g) to suggest
organization of orientation and refresher Courses in the subject;
(h) to
prepare requirements in respect of teaching of the subject at various levels in
respect of teachers and their qualifications, library, laboratory and hospital
equipment and consumables for the use for the Planning Board for formulating
the norms and requirements for granting affiliation or extension or
continuation of affiliation to colleges and for granting 1'ecognition or
extension or continuation of recognition to institutions by the University.
38. The
constitution, powers, functions and duties of the authorities of the
University, not laid down under any of the provisions of his Act, shall be such
as may be prescribed by Statutes.
39. Save
as otherwise provided by or under the provisions of this Act, the term 1 of
office of the elected, nominated, appointed or co-opted members of any
authority o shall be five years from the date of its first meeting,
irrespective of the date on which a
member enters upon such office.
40.
Notwithstanding anything contained in this Act or Statutes made there under where a person, elected, nominated,
appointed or co-opted as an officer of the University or a member of any of the
authorities or bodies of the University' by virtue of his being eligible to be
so elected, nominated, appointed or co-opted as such an officer or a member
under any of the categories of officers or members specified by or under the
relevant provisions of this Act in relation to such office, authority or body,
such person shall cease to be such an officer of the University or member of
such authority, or a body as soon as such person ceases to belong to such
category and shall be deemed to have vacated the office as such officer or
member .
41. A person shall be disqualified for being a member of any of the authorities of University, if such person-
(a) is of unsound mind and stands so declared by a competent court ;
(b)
is an undischarged
insolvent ;
(c)
has been convicted
of any offence involving moral turpitude ;
(d)
is conducting or
engaging oneself in private tuitions or private tuitions or private
coaching classes ,
(e) has been punished !or ,indulging in or
promoting, unfair practices in the conduct of any examination in any form
anywhere
42. No person shall be member of the Management .Council, the Academic Council or the Board of Examinations for a second consecutive term whether, as an elected, nominated, appointed or co-opted member, as the case may be.
43. Save as otherwise
provided by or under the provisions of this Act, each authority of the
University while acting and exercising its powers and discharging its functions
or duties assigned to it by or under the provisions of this Act, shall have the
exclusive jurisdiction to deal with and decide the matters. assigned to and
discharging its
functions or duties assigned to it by or under the provisions of this Act,
shall have the exclusive jurisdiction to deal with and decide the matters
assigned to it.
44. (1) Every election to any authority or body
of the University under this Act, by shall be held by ballot in accordance with
the system of proportional representation by means of the single transferable
vote and as prescribed by Statutes.
(2) The other details relating to elections not specified in this Act shall be prescribed by Statutes.
45. (1)
A member other than ex-officio member
may resign by writing under his signature. A nominee of the Chancellor may
resign, by addressing to the Chancellor and any other member may resign by
addressing to the Vice-Chancellor. The person shall cease to be a member upon
his resignation being accepted by the Chancellor or , the Vice-Chancellor, as
the case may be.
(2) If the person nominated, elected, appointed or co-opted to an authority or body remains absent without prior permission of the authority or body for three consecutive meetings, he shall be deemed to have vacated his membership and he shall cease to be a member from the date of the third such meeting in which he has remained absent.
46.
(1) Save as otherwise provided by
this Act all matters with regard to the of conduct of meetings off the
authorities, bodies or committees, if any, constituted by the University or any
authority shall be such as may be prescribed by Statutes.
(2) A meeting of an authority or body shall be convened on the date determined by the Chairperson by a notice issued by its Secretary.
(3) Except as otherwise provided, the quorum
for the meeting shall ordinarily, be one third of the number of the sitting
members. If there is no quorum, the meeting shall be adjourned by the
Chairperson to a specific time on the same day or on a later date and no quorum
shall be necessary for such adjourned meeting. .
(4) Where no provision is made by or under
Statute for a President or Chairperson to preside over a meeting of any
authority or body of the University or when the President or the Chairperson so
provided for is absent and no provision is made for any other person to preside
the members present shall elect one person from amongst themselves to preside
at the meeting.
(5) Save as
otherwise provided, all items, questions, matters or proposals on the agenda
shall be decided by a majority of votes of the members present. The Chairperson
shall also have a vote. In case of equality of votes the Chairperson shall have
a casting vote. The Secretary, if not a member, shall have right to participate
in the deliberations, but shall have no right to vote.
47.
(1) When any vacancy occurs in the
office of a member, other than an Casual ex--officio member, of any
authority or other body of the University before the expiry vacancy of his
normal term, the vacancy shall be filled, as soon as may be, by nomination of
and a person by the Standing Committee constituted under sub-section (2) The
person nominated shall be a person who is otherwise, eligible to be elected on
the said authority or body from the same category. The person so nominated
shall hold vacancies. office only so long as the member in whose place he has
been nominated. would have held it, if the vacancy had not occurred.
(2) The Standing
Committee for filling the vacancies mentioned in sub section shall consist of
the following members, namely :-
(a) three members, nominated by the Senate. from
amongst its members; .
(b)
two members,
nominated by the Management Council. from amongst its members ;
(c)
two members,
nominated by the Academic Council, from amongst its members ;
(3) The Chairperson of 'the Standing Committee shall be elected by its members from amongst themselves ;
(4) The term of office of the Standing Committee shall be co-terminus with the term of the Senate.
CHAPTER V
STATUTES, ORDINANCES, RULES AND REGULATIONS
48. Subject
to the provisions of this Act, Statutes may provide for all or any of the
following matters, namely :-
(1) conferment of honorary degrees and holding convocation ;
(2) the establishment and maintenance of the
University departments, institutions
conducted colleges, institutions of higher learning, research or specialised
studies and hostels ;
(3) the powers and duties of the officers of
the University
(4) the powers and duties of the authorities
of the University;
(5)
the
principles governing the seniority and service conditions of the employees of
the University;
(6)
the
provision for disqualifying members of the authorities, bodies or committees of
the University;
(7) abolition of University departments or
institutions and conducted colleges ;
(8) qualifications, recruitment, workload, code of conduct, terms of office, duties and conditions of service, including periodic assessment of teachers, officers and other employees of the University and the affiliated colleges (except those colleges or institutions maintained by the State or Central Government or a local authority), the provision of pension, gratuity and provident fund, the manner of termination of their services, as approved by the State Government ;
(9) application of funds of
the University for furtherance of the objects of the University ;
(10) norms of affiliation of
colleges or for withdrawing the affiliation of the colleges; .
(11) the norms for grant of autonomy to University departments or institutions affiliated colleges and recognised institutions, subject to the approval of the State Government ;
(12) acceptance and Management trusts, bequests, donations, endowments and grants from individuals or organizations ;
(13) provision
of reservation of adequate number of posts of teachers, officers and other
employees of the University, affiliated colleges and recognised institutions,
for members of the Scheduled Castes and Scheduled Tribes and Other
Backward Classes in accordance with the policy of the State Government ;
(14) number of working days, number of actual day$ of instructions, holidays other than Sundays, vacation and terms in academic year ;
(15) disciplinary action against defaulting teachers, officers and other employees of the University, affiliated colleges and recognised institutions other than the colleges or institutions managed and maintained by the State Government or Central Government or Local Authorities ;
(16) the taking over or transferring, in public interest, of the management of a college or institution by the University and the conditions for such taking over or transferring, subject to the approval of the State Government ;
(17) any matter which is to be prescribed or which is necessary to give effect to the provisions of this Act.
49. (1)
The Statute may be made, amended or
repealed by the Senate in the manner hereinafter provided,
(2) The Senate may take into consideration the draft of a Statute either of its own motion or on a proposal by the Management Council. In the case of a draft which is not proposed by the Management Council, the Senate, before considering the same, shall obtain the opinion of the Management Council :
Provided that, if the Management Council fails to submit its opinion within three months from the date it receives the draft, the Senate my proceed to take the draft into consideration.
(3) The Senate, 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 :
Provided that, where any such draft Statute pertains to academic matters, the Senate shall obtain the opinion of the Academic Council before c9nsidering the same,
(4) Every Statute passed by the Senate shall be submitted to the Chancellor who may give or withhold his assent thereto, or send it back to the Senate for reconsideration.
(5) No
Statute passed by the Senate shall be valid or shall come into force until
assented to, by the Chancellor.
(6) Notwithstanding anything contained in the
foregoing sub-sections, the Chancellor, either suo motu
or on the advice of the Government, may, direct the University to make
provisions in Statutes in respect of any matter specified by him and if the Senate
fails to implement such a direction within sixty days of its receipt, the
Chancellor may, after considering the reasons, if any, communicated by the
Senate for it& inability to comply with such direction, make or amend
Statutes suitably.
50. Subject to the conditions prescribed by
or under this Act, the Management
Council may make Ordinance, to provide for all or any of the following
matters, namely :-
(i) the conditions under which
students shall be admitted to courses of study for degree, diploma, certificate
and other academic distinctions ;
(ii) the fees to be charged for enrollment of students for attending such courses in the
University and the conducted colleges (including the tuition fees and hostel
charges), which shall, as far as possible, be uniform for the colleges situated
in the same local areas, for admission to the examinations leading to degrees,
diplomas, certificate and other academic distinctions, and for registration of
graduates
(iii) the conditions of residence,
conduct and discipline of the students of the University, and action to be
taken against them for breach of discipline or misconduct, including the
following :-
(a) use
of unfair means at an examination or abetment thereof ;
(b) refusal to appear or give
evidence in any authorised inquiry by an officer in charge of an examination,
or by any officer or authority of the University ; or
(c) disorderly or otherwise
objectionable conduct, whether within or outside the University;
(iv) the qualifications and classification
of teachers in University departments, colleges and recognised institutions ;
(v)
the conditions governing the appointment and duties of examiners
;
(vi) the conduct of examinations and
other tests, and the manner in which the candidates may be assessed or examined
by the examiners ;
(vii) the recognition of teachers of
the University and the conditions subject to which persons may be recognised as
qualified to give instructions in the University departments, colleges and recognised
institutions ;
(viii)
the inspection of colleges, recognised institutions, halls and
hostels ;
(ix)
the mode of execution of contracts or agreements for, by or on
behalf of the University;
(x) the rules to be observed and
enforced by colleges and recognised institutions regarding transfer of students
wherever necessary;
(xi)
the powers and functions of students' associations and other
organization in colleges ;
(xii) all other matters which, by or
under this Act or Statutes, are to be or may be, provided by Ordinance; and
(xiii)
generally, all matters for which
provision is, in the opinion of, the Management Council, necessary for the
exercise of the powers conferred, or the performance of the duties imposed, on
the Management Council by or under this Act or Statutes.
51.
(1) The Management Council may make,
amend or repeal Ordinances in the manner hereinafter provided.
(2) No Ordinance concerning the matters
referred to in clauses (i) to (vii) of
the last preceding section, or any other matter connected with the maintenance
of the standards of teaching and examinations within the University , shall be
made by the Management Council unless a draft thereof has been proposed by the
Academia Council.
(3) The Management
Council 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 Management Council may suggest.
(4) All Ordinances made by the Management Council 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 Management Council, within four weeks of the receipt of the Ordinance, to suspend its operation and he shall, as soon as possible, inform the Management Council of his objection to it. He may, after receiving the comments of the Management Council, either withdraw the order suspending the Ordinance or disallow the Ordinance, and his decision shall be final.
52. (1) Subject to. tho
conditions prescribed by or under this Act, and the, approval of the Management
Council, the Academic Council may make Regulations consistent with this Act,
Statutes and Ordinances, providing for all or any of the matters which, by or
under this Act, Statute or Ordinances, are to be or may be provided by
.Regulations, and for all other matters solely concerning itself.
(2) Any authority or body may, subject to the previous approval of the Management Council, make Rules, consistent with this Act, the Statutes, Ordinances and Regulations, for-
(a)
giving notice of
the dates and hours of its meetings and of the business to be conducted thereat
;
(b) regulating
the procedure at its meeting and the number of members required to form a
quorum, and keeping of records of the proceedings of such meetings ;
(c) providing for all matters
solely concerning such authority or body.
(3) Such Rules shall be, submitted to the Management Council, which may amend or annul them in such manner as it thinks proper, after ascertaining and considering the views of the authority or body making them.
CHAPTER VI
TEACHERS AND EMPLOYEES
53. (1)
There shall be a Grievances
Committee in the University to deal with the grievances of teachers and other
employees of the University, Colleges, institutions and recognised institutions
and to hear and settle grievances as far as may be practicable within six
months, and the committee shall make a report to the Management Council.
(2) It shall be lawful for the Grievances Committee to entertain and consider grievances or complaints and report to the Management Council for taking such action as it deems fit and the decisions of the Management Council on such report shall be final.
(3) the Grievances Committee
shal1 consist of the following members, namely :
(a) The
Pro-Vice-Chancellor -
Chairperson;
(b)
Four members of
the Management Council
nominated by the Management
Council
from amongst themselves - Members;
(c) The
Registrar
- Member- Secretary
(4) The Registrar shall not
have a right to vote.
CHAPTER VII
ADMISSIONS, EXAMINATIONS AND OTHER MATTERS RELATING TO STUDENTS
54. In
accordance with the reservation policy of the Government for the weaker
sections of society, admission to all courses, in the University departments
and affiliated colleges shall be made on the basis of competitive merit in
accordance with the Rules, if any, made by the Government and published in the Official
Gazette, or by the University and published in the University Gazette by
the University:
Provided that, where
model rules have been framed by the Government, in the interest of the students
for the entire State, the University shall adopt the same and such rules shall
be published in the University Gazette or, the Official Gazette, as the
case may be, at least six months before the start of any academic session which
shall begin not latter than first August every year :
Provided further that, having regard to the maintenance of discipline, that authority concerned shall have the power to refuse admission to a student.
55.
At the beginning of each academic term and in any case not after than 30th of
October of every calendar year the University shall prepare and publish a
Schedule of Examinations for each and every course conducted by itself or by
any affiliated college or institution within its jurisdiction and shall
strictly adhere to the Schedule.
Explanation - " Schedule of Examination "
means a table giving details about the time, day and date of commencement of
each paper which is a part of a scheme of examinations and shall also include
the details about the practical examinations :
Provided however that, in case the University
is unable to follow this Schedule duo to reasons and circumstances beyond its
control it shall, as soon as practicable, submit a report to the Chancellor and
to the Government incorporating the detailed reasons for making a departure
from the published Schedule.
56.
The University shall strive to declare the results of every examination
conducted by it within thirty days from the last date of the examination for
that of i particular course and shall, in any case,
declare the results latest within forty-five days thereof:
Provided however that, if for any reasons
whatsoever the University is unable to declare the results. of any examination
within the aforesaid period of forty-five days, it shall submit a report,
incorporating the detailed reasons for such delay, to the Chancellor and to the
Government.
57.
No examination or the results of an examination shall be held invalid only Exam
for the reason that the University has not followed the Schedule as stipulated
in not i sections 55 or 56, as the case may be.
58.
The University shall frame appropriate Statutes, Ordinances, Regulations and
Rules ensure that the students selected to represent their classes, colleges or
the University as the case max be, for sports, culture and all other activities
are selected entirely on the basis of merit, through open merit competition
alone and on no other basis.
CHAPTER VIII
COMMITTEES
59. (1) Library Committee -
(a) There shall be a library committee for
administering, organising and maintaining the libraries and library services of
the University. It shall consist of the following members, namely :-
(i) the Vice-Chancellor - Chairperson
.
(ii) three Deans of faculties, nominated by the Vice-Chancellor ;
(iii) three Heads of University institution or departments, nominated by
the Vice-Chancellor ;
(iv) two
teachers, nominated by the Academic Council, from amongst members;
(v)
the Registrar;
(vi) the Librarian-
Secretary
(b) All members of the Library Committee other
than the ex officio members, shall hold office for a period of five
years and shall not be eligible for re-nomination there- after;
(c) The- duties of the
Committee shall be as follows :-
(i) to provide for proper organization and
functioning of the library documentation services and updating the stock of
books; -
(ii) to
provide for modernisation and improvement of library; and documentation services ;
(iii) to
recommend to the Management Council fees and other charges for the use of
library services by students and others;
(iv) to
prepare the annual budget and proposals for development of the library, for approval of the Management Council ;
(v)
to submit the
annual report on the functioning of the library.
(2) Finance and Accounts
Committee
(a) There shall be a Finance and
Accounts, committee consisting of the following members, namely :-
(i)
the Vice-Chancellor-Chairperson;
(ii) the Pro-Vice Chancellor;
(iii) one
person, nominated by the Government, not below the rank of Deputy Secretary;
(iv) the Director of Accounts and Treasuries or
Director's representative, not below the rank of a Joint Director of Accounts
and Treasuries;
(v)
three persons,
nominated by the Academic Council from amongst its members;
(vi) three persons, nominated by the Management Council; from
amongst its members;
(vii) the Finance and Accounts Officer - Secretary;
(b) The quorum for a
meeting of the Committee shall be six;
(c)
All the members of
the Committee other than ex-officio member, shall hold office for a term
of five years;
(d)
The committee
shall meet at least four times a year to examine the accounts, the progress of
expenditure and all new proposals involving expenditure in the light of the
provisions available;
(e) The annual statement of accounts and the financial estimates (budget) of the University, prepared by the Management Council shall be laid before the Finance and Accounts Committee for consideration and recommendation, and for submission hereafter to the Management Council for such action as it thinks fit ;
(f)
The budget shall
be prepared in the following three distinct parts:-
(i) maintenance;
(ii) development;
and
(iii) independent
projector scheme or collaborative programmes grants
(g)
The Committee
shall perform the following additional functions and duties, namely :-
(i) recommend to the Management Council the limits
for the total recurring and non-recurring expenditure for the year, based on
the income and resources of the University; including the proceeds of loans for
productive work;
(ii)
recommend to the
Management Council productive investment and management of the University
assets and resources;
(iii) explore
the possibilities of, and resort to, augmenting further the resources for the
development of the University;
(iv) take necessary steps to have the
University accounts audited by auditors appointed by the Management Council;
(v) advise
the Management Council on matters related to the administration of the property
and the funds of the University;
(vi) ensure
proper implementation of the Government's orders issued from time to time, in
respect of financial matters;
(vii) advise on financial matters
referred to it by the Management Council, Academic Council or any other
authority, body or committee or any officer of the University;
(viii) report to the Vice-Chancellor any
lapse or irregularity in financial matters which comes to its notice, who may
take, suitable prompt actions after assessein the
seriousness of the matter or refer it to the Management Council;
(h) The other powers and duties of the
committee and the procedure at its meetings shall be such as may be prescribed;
(i) The annual accounts of the University,
Colleges and institutions shall be open for audit by the auditors appointed by
the Government.
(3) Purchase
Committee;-
(a) There
shall be a Purchase Committee for dealing with all matters pertaining to all purchases
of the University, in respect of such items where individual cost of each item
exceeds rupees one lakh, at a time ;
(b) The committee shall consist. of the following
members, namely :-
(i) the Vice-Chancellor-Chairperson;
(ii) three Heads of University institutions or
departments, nominated by the Vice-Chancellor ;
(iii) two
members, nominated by the Management Council, from amongst its members;
(iv) the
Registrar ;
(v)
the Finance and
Accounts Officer;
(c)
The Finance and
Accounts Officer shall ordinarily act as the Secretary of the Purchase Committee. During the period when there is no Finance and
Accounts Officer or during the Officer's absence, the Registrar shall act as
the Secretary of the committee;
(d) The Purchase Committee shall invite the heads of the
University institutions or departments for which the purchase is to be made ;
(e) All
members of the Committee, other than ex officio members, shall hold
office for a period of two years;
(f) The
powers and duties of the Committee and the procedure for its meetings shall be
such as may be prescribed by Statutes.
60. (1) Subject to the provisions of this Act; Statutes and Ordinances, the Vice- Chancellor' shall, till the University Grants Commission’s scheme of recruitment becomes operative, appoint according to the order of merit and recommendations, made by the selection committee, a University teacher ,
(2) The selection committee for making
recommendations for appointment of University teachers shall consist of the
following members :
(a) the Vice-Chancellor or the Pro-
Vice-Chancellor upon directions of the Vice-Chancellor - Chairperson ;
(b)
two persons, nominated by the Chancellor;
(c)
the Dean of the faculty concerned;
(d)
the Head of the University department or a head of the concerned
institution ;
(e)
three experts, nominated by the Management Council out of a panel of not
less than six names of experts not connected with the University, recommended
by the Academic Council, who have special knowledge of the subject for which
the teacher is to be selected;
(f)
one person belonging to Scheduled Castes or Scheduled Tribes or Other
Backward Classes, nominated by the Chancellor :
Provided that, a head,
referred to in clause (d) who is a reader shall be a member of the
selection committee for the selection to the posts of lecturer.
(3) The Registrar shall act as the Secretary of the committee.
(4) Every post of a University teacher, to be filled by selection,
shall be duly and widely advertised, according to the draft approved by the
Vice-Chancellor, together with particulars of the minimum and additional
qualifications, as prescribed, the emoluments and number of posts to be filled,
the number of posts which are reserved for the members of the Scheduled Castes
or Scheduled Tribes or Other Backward Classes and reasonable time, to be
determined by the Vice-Chancellor, shall be allowed within which the applicants may, in
response to the advertisement, submit their applications.
(5) The date of the meeting of every selection committee shall be so fixed as to follow a notice of atleast thirty days of such meeting, being given to each member; and the particulars of each candidate shall be sent to each member of the selection committee so as to reach him at least seven days before the date of meeting.
(6) The quorum to constitute a meeting of every selection committee shall be four member, of whom, atleast two shall be persons nominated under clause (e) of sub-section (2)
Provided that, for the post of Professor, the selection committee may in preference to the candidates who have applied and appeared before it, recommend for appointment, with all the requisite details, the name of any other person who may not have applied or appeared before it, but who is duly qualified and has to his credit exceptionally high academic achievements or proficiency in the specialisation or has extraordinary academic contribution, to be recorded in writing.
(7) If, on a petition by any persons directly affected, or suo motu, the Chancellor, after making or having made such inquiries or obtaining or having obtained such explanation, including explanations from the teachers whose appointments are likely to be affected, as may be or may have been necessary, is satisfied that the appointment of a teacher of the University, made by any authority or officer of the University at any time was not in accordance with the law at that time in force, the Chancellor, may, by order, notwithstanding anything contained in the contract relating to the conditions of service of such teacher, direct the Vice-Chancellor to terminate his appointment after giving him one month's notice or one month's . salary in lieu of such notice, and the Vice-Chancellor shall forthwith comply and take steps for a fresh selection to be made. The person whose appointment has been so terminated shall be eligible to apply again for the same post.
(8) Any order made by the Chancellor, under the last preceding sub-section, shall be final and a copy of the order shall be served on the teacher concerned by the Vice-Chancellor within three days from its receipt:
(9) It shall be the duty of the Vice-Chancellor to ensure that no payment whatsoever is made to any person, by way of salary or allowance, from the funds of the University, for any period after the termination of his services, and any authority or officer authorising or making any such payment shall be liable to reimburse the amount so paid to the University.
61. (1) (a)
There shall be a selection committee for making recommendations of suitable
candidates for appointment to the post of -
(i)
Registrar;
(ii) Controller
of Examinations;
(iii) Finance
and Accounts Officer;
(b) The selection committee shall consist of-
(i) the Vice-Chancellor, or the
Pro-Vice-Chancellor upon the direction of the
Vice-Chancellor-Chairperson ;
(ii) two members, nominated by the Management
Council, from amongst its co members;
(iii) a Dean, not being a member of the Management
Council, nominated by the Vice-Chancellor ;
(iv) two experts having special knowledge in the
field related to the post to be filled, who are not connected with the University, and affiliated
college or recognised institution, nominated ,by the Vice-Chai1ceIIor
(v) one person belonging to Scheduled
Castes or Scheduled Tribes or other Backward Classes, nominated by the;
Vice-Chancellor;
(vi) the Registrar shall act as the
member-secretary of the selection committee except where the Registrar is also
a candidate for the post. In case when Registrar is also a candidate, any
person nominated by the Vice-Chancellor shall act as a member-secretary.
(2) The selection committee and mode of appointment of other
officers of the U Diversity shall be such as may be prescribed by Statutes.
(3) The selection committee and mode of appointment for
principles, teachers and other employees of affiliated colleges shall be such
as may be prescribed.
(4) The management of any affiliated college, shall before proceeding to fill in vacancies of teachers and other employees in accordance with the prescribed procedure shall ascertain from the University whether there is any suitable person available on the list of surplus persons maintained by the University for absorption in other colleges and in the event of such person being available, the management shall appoint that person.
62. In addition to the committees
constituted under this Act, the authorities of the University may appoint a
committee with suitable terms and reference for any specific task, and such a
committee shall consist of members of the same authority constituting such a
committee and also of such other persons as that authority may nominate.
CHAPTER IX
PERMISSION, AFFILIATION AND
RECOGNITION
63. The management applying for affiliation
or recognition and management whose college or institution has been granted
affiliation or recognition, shall give and comply with the following
undertaking,-
(a) that
the provisions of this Act, Statutes, Ordinances, Rules and the Regulations thereunder and the standing orders and directions of the
University shall be observed;
(b) that there shall be a separate local managing
committee provided for an affiliated college as provided by section 67 ;
(c) that the number of students admitted for
courses of study shall not exceed the limits prescribed by the University and
the Government, from time to time;
(d) that
there shall be suitable and adequate physical facilities such as building,
laboratories, .libraries, books, equipments required for teaching and research
hostels, gymnasium, as may be; prescribed by Statutes ;
(e) that
the financial resources of the college or institution shall be such as to make
due provision for its continued maintenance and working ;
(f) that
the strength, and qualifications of teaching and non-teaching staff of the
affiliated colleges and recognised institutions and the emoluments and the
terms and conditions of service of the staff of affiliated colleges shall be
such as prescribed by the University and which shall be sufficient to make due
provision for courses of study, teaching or training or research, efficiently;
(g) that
the services of all teaching and non-teaching employees and the facilities of
the college to be affiliated shall be made available for conducting
examinations and for promoting other activities of the University;
{h) that the directions, and orders issued by the
Chancellor, Vice-Chancellor and other officers of the University in exercise of
the powers conferred on them under the provisions of this Act, Statutes,
Ordinances, Rules and Regulations shall be complied with ;
(i)
that, there shall be no transfer of the management
without pervious permission of the University;
(j) that
the college or institution shall not be closed without pervious permission of
the University;
(k) that
in the event of disaffiliation or de-recognition or closure of the college or
institution under section 74, all the assets of the college or institution
including building and equipment which have been constructed or created out of
the amount paid as a grant-in-aid by the Government or the University Grants
Commission shall vest in the Government. ;
64. (1)
The University shall prepare a
perspective plan for educational development for the location of institutions
of higher learning in a manner ensuring equitable distribution of facilities of
Health Sciences Education having due regard, In particular, to the needs of
unserved and under developed areas within the jurisdiction of the University.
Such plan shall be prepared by the Academic Council and shall be placed before
the Senate through the Management Council and shall be updated every five
years.
(2) No application for opening a new college or institution of
higher learning which is not in conformity with such plan, shall be considered
by the University.
(3) The management seeking pern1ission to open a new college or institution of higher learning shall apply in the prescribed form to the Registrar of the University before the last day of October of the year preceding the year from which the permission is sought.
(4) All such applications received within the aforesaid prescribed time-limit shall be scrutinised by the Planning Board and be forwarded to the Government with the approval of the Management Council on or before the last day of December of the year, with such recommendations (duly Supported by relevant reasons) as are deemed appropriate by the Management Council.
(5) Out of the applications recommended by the University, the Government may grant permission to such institutions as it may consider right and proper in its absolute discretion, taking into account the Government's budgetary resources, the suitability of the managements seeking permission to open new institutions and the State level priorities with regard to location of institutions of Health Sciences learning :
Provided however that, in exceptional cases and for the reasons to be recorded in writing, any application not recommended by the University may be approved by the State Government for starting a new college or institution of Health Sciences learning.
(6) No application shall be entertained directly
by the Government for the grant of permission for opening a new college or institution of Health
Sciences learning.
65. (1)
On receipt of the permission from
the Government under section 64, the Academic Council of the University shall
consider grant of first time affiliation to the new college or institution by
following the prescribed procedure given in sub section (2) and after taking
into account whether, and the extent to which, the stipulated conditions have
been fulfilled by the college or institution. The decision of the Academic
Council in this regard shall be final.
(2) For the purpose of considering the
application for the grant of affiliation, the Academic Council shall cause an
inquiry by a committee constituted for the purpose by it.
(3) The Academic Council shall decide,-
(a) whether
affiliation should be granted or rejected;
(b) whether
affiliation should be granted in whole or part;
(c) subjects,
courses of study, the number of students to be admitted;
(d) conditions, if any, which may be stipulated,
while granting, or for granting the affiliation.
(4) The Registrar shall communicate the decision of the Academic Council to the applicant management with a copy to the Secretary, Medical Education and Drugs Department, and if the application for affiliation granted, along with an intimation regarding,- .
(a) the
subjects and the courses of study approved tor affiliation;
(b) the
number of students to be admitted ;
(c)
the conditions, if
any, subject to the fulfilment of which the approval is granted.
(5) The procedure referred to in sub-section (1)
to (6) of section 64 shall apply, 'mutatis mutandis, for the
permission to open new courses, additional faculties, new subjects and
additional divisions.
(6) No students shall be admitted by the college or institution unless the first time affiliation has been granted by the University to the college or institution.
(7) The procedure referred to in sub-sections (1) to (4) shall
apply mutatis mutandis, for the
consideration of continuation of affiliation, from time to time. ,
66.
(1) The management of an
institution actively conducting research or
specialised studies for a period not less than five years; and seeking
recognition, shall f apply to the Registrar of the University with full
information regarding; the following, matters, namely :-
(a)
the constitution and personnel of the management;
(b)
the subjects and courses of study for which recognition is sought;
(c)
the accommodation, equipment and the number of students for whom
provision has been made ;
(d) the staff, permanent, visiting and
honorary, of the institution, recognised for guiding research or recognizable
for the purpose by the University; their experience, evidence of research work
carried out at the institution, publications, reports, monographs, books
published by the institution ;
(e) the fees levied, or proposed to be
levied, and the provisions made for capital, expenditure on building equipment and
for the continued maintenance and efficient working of the institution.
(2) Before. considering such an application, the Planning Board
may call for any
further information which It thinks necessary,
(3) If
the Planning Board decides to consider the application, it may direct a local inquiry to be made by a
competent person or persons having specifilised
knowledge in the subject or field concerned, After considering the report of
such inquiry, and making such further inquiry, as it may think necessary, the
Planning Board shall submit to the Academic Council the proposal to grant or
reject the application, in part or in whole.
(4) The
Academic Council shall after. considering & the proposal submitted by the
said Board may, either grant or reject it. The decision of tho Academic Council
in the matter shall be final and binding.
67.
(1) There shall be a separate local
managing committee for every affiliated college or institution, consisting of
the following members :-
(a) president
or chairman of the management
–Chairperson ;
(b) secretary
of the management or secretary's nominee ;
(c) three local members representing different
fields of the area nominated the management ;
(d) three
teachers, elected by the teachers of the college or institution ;
(e) one non-teaching employee, elected by the
non-teaching employees of the college or institution ;
(f) Principal,
Member-Secretary.
(2) For a college or institution managed and maintained by the
State Government or local authority, the Local Advisory Committee shall consist
of the following members :-
(i) three persons each representing Director of
Medical Education and Research, Director of Health Services and Director of Ayureda :
(ii) three
teachers, elected by the teachers of the college or institution ;
(iii) one
non-teaching employee, elected by the non-teaching employees of the college or
institution ;
(iv) Principal Member-Secretary.
(3) The Local Managing or
Advisory Committee shall meet atleast twice a year
(4) Members elected or nominated shall have a
term of five years.
(5) The powers and duties of
the Local Managing or Advisory Committee shall be to-
(a)
prepare the budget and financial statement of the college or
institution;
(b)
recommend to the management the creation for the teaching and other
posts
(c)
determine the programme of instruction and Internal evaluation and to
discuss the progress of studies in the college;
(d) make recommendations to the management
for the improvement of the standard of teaching In tho college or Institution;
(e) formulate
proposals of new expenditure not provided for in the college budget;
(f) advise the principal regarding the intake capacity of various
classes, preparation of time-tables, distribution of the available teaching
work-load and such other matters relating to the internal management of the
college and discipline of the college students as may be referred to it by the
principle, from time to time;
(g) consider
and make recommendations on the inspection report, if any;
(h) consider and make recommendations on the
report of the local inquiry committee, if any;
(i) prepare the annual report
on the work done by committee for the year ending ,on the thirtieth June and
submit the same to the management, the Management Council of the University and
to the Director;
(j) perform
such other duties and exercise such other powers as may be entrusted by the
management and the University.
68. The affiliated college or recognised
institution may apply for continuation of affiliation or recognition for the
courses of study for which affiliation or recognition was granted ordinarily
six months prior to the date of expiry of such affiliation or recognition. The
University shall follow the procedure prescribed in Statutes, so far as
applicable, for grant of continuation.
69. The affiliated college or recognised
institution may apply for affiliation or recognition for additional courses of
study. The University shall follow the procedure as prescribed in sections 63,
65 and 66 so far as may be applicable.
70. The affiliated college or recognised
institution with at least six years standing as an affiliated college or
recognised institution may apply for permanent affiliation or recognition.
The Planning Board shall consider and scrutinise the application and make
recommendation to the Academic Council. If the Academic Council is satisfied
that the affiliated college or recognised institution has fulfilled all the
conditions of affiliation or recognition satisfactorily and has attained high
academic and administrative standards as prescribed by the University, from
time to time, the Academic Council shall grant permanent affiliation or
recognition to the college o r institution, as the case may be.
71. (I)
A University department or
institution, affiliated college or recognised institution may apply to the University for
grant of autonomous status. The Management Council on the recommendation of
Academic Council may confer the of autonomous status.
(2) The autonomous department or institution or college or recognised institution, may constitute its authorities or bodies and exercise the powers and perform the functions and carry out the administrative, academic, financial and other activities of the University, as prescribed.
(3) The autonomous department or institution or college or
recognised institution may prescribe its own courses of study, evolve its own
teaching methods and hold examinations and tests for students receiving
instruction in it and award degrees or certificates of its own. Autonomous
department or institution or college or recognised institution shall function
with the objectives of promoting academic freedom and scholarship on the part
of teachers and students which are essential to the fostering and development
of an intellectual climate conducive to the pursuit of scholarship and
excellence.
72. (1)
Every affiliated college and
recognised institution shall furnish such reports, returns and other
particulars as the University may require for enabling it to judge the academic
standards and standards of academic administration of the college or recognised
institution..
(2) The Vice-Chancellor shall cause every University department or institution, affiliated college or recognised institution to be inspected, at least once in every three years, by one or more committees appointed by him in that behalf which shall consist of the following members, namely :-
(a) a
Dean nominated by the Vice-Chancellor - Chairperson;
(b) one expert, not connected with the University,
nominated by the Academic Council;
(c) one expert, to be nominated by the
Management Council :
Provided that, no member on such committee shall be connected with the management of college or the institution concerned.
(3) The committee shall submit its report to the Vice-Chancellor for consideration and for further action as may be necessary.
73. (I)
If an affiliated college or
recognised institution fails to comply with the conditions of affiliation or
recognition as provided in section 63 or to allow the local managing or
advisory committee as provided in section 67 to function properly or to take
action as per directions issued under this Act or if it is conducting the
college or recognised institution in a manner prejudicial to the interest of
the University or the standards laid down by it, the Planning Board may issue a
notice to the management to how cause as to why the privileges conferred on the
college or recognised institution by affiliation or recognition should not be
withdrawn in part or in whole or modified.
(2) The Planning board shall mention in the notice, the grounds on which it proposes to take the action, as proposed in sub-section (1) and shall send a copy of the notice to the principal of the college, or head of recognised institution. It shall also specify in the notice, the period, being a period, which shall not be less than thirty days, within which the management should file its written statement in reply to the notice.
(3) On receipt of such written statement or on expiry of the period specified in the notice issued under sub-section (1), the Planning Board shall place before the Academic Council, the notice and the written statement, if any, with or without the motion for withdrawal or modification of such privileges.
(4) The Academic Council shall, having regard to the interest of students studying in the colleges or recognised institutions, recommend to the Vice-Chancellor the action to be taken in this behalf and the Vice-Chancellor shall, thereafter, proceed to implement the recommendations.
74.
(1) No management of a college or
recognised institution shall be allowed a to close down the college or
recognised institution without prior permission of the ca State
Government.
(2) The management desirous of closing down the college or recognised institution shall apply to the University on or before the first day of August of the preceding year, stating fully the grounds for closure, and pointing out the assets in the form of buildings and equipments, their original cost, the prevailing market value and the grants So far received by it either from the University Grants Commission, the Government or from public funding agencies.
(3) On receipt of such an application, the Academic Council shall cause to make inquiries as it may deem fit, to assess and determine whether the college or recognised institution be permitted to effect the closure. The Academic Council may examine whether the closure should be avoided by providing necessary assistance or taking over of the college or institute by the University or transferring it to another management.
(4) If the Academic Council decides to recommend the closure, it shall prepare and submit to the Management Council, a report on the extent of damages or compensation to be recovered from the management and whether the assets created utilising the funds provided by the University Grants Commission, the Government or other public funding agencies, be transferred to the University or other management and the payment of compensation to the teachers and the staff retrenched.
(5) The Academic Council shall, with prior concurrence of the Management Council and approval of the Government, then decide whether the affiliated college or recognised institution be permitted the closure.
(6) If the University decides to take over the college or recognised institution or transfer the same to another management, the procedure to be followed shall be such as may be prescribed by Statutes.
(7) The procedure to effect the closure
shall be in phases, so as to ensure that tho students already admitted to the
college or recognised institution are not affected, and that the first year
shall be closed first and no new admissions shall be effected. The procedure to
phase out the closure shall be such as maybe prescribed by Statute
CHAPTER X
ENROLLENT, DEGREES AND CONVOCATIONS
75. All
post-graduate instruction, teaching, training and research shall normally be
conducted within the University, affiliated colleges and the recognised
institutions and in the manner prescribed by Statutes.
76. A
person to be enrolled as a student of the University shall possess such
qualifications and fulfill such conditions as may be
prescribed by Statutes.
77. (1)
All powers relating to discipline
and disciplinary action in relation to the students of the University
departments and institutions and college, maintained by the University, shall Jest in the
Vice-Chancellor.
(2) The Vice-Chancellor may, by order, delegate all or any or his powers under this Act as he deems fit, to such other officer as he may nominate in that behalf.
(3) The Vice-Chancellor may, in the exercise of his powers, by order, direct that any student or students be expelled or rusticated for a specified period, or be not admitted to a course or courses of study in a college, institution or department of the University for a specified period, or be punished with fine, not exceeding three hundred rupees, or be debarred from taking an examination or examinations conducted by the department, college or institution maintained by the University for a specified period not exceeding five years or that the result of the student or students concerned in the examination in which he or they have appeared be cancelled :
Provided that, the Vice-Chancellor shall give reasonable opportunity to the student concerned of being heard, if expulsion n is for a period exceeding one year .
(4) Without prejudice to the powers of the Vice-Chancellor, the principals of conducted colleges, heads of the University institutions and heads of department of the University shall have authority to exercise all such powers over the students in their respective collage as may be necessary for the maintenance of proper discipline.
(5) The Vice-Chancellor shall, subject to the approval of the Management Council, make rules of discipline and proper conduct for students of the University which shall also apply to the students of all its conducted colleges and University departments or institutions and every student shall be supplied with a copy of such rules.
(6) The principals of the colleges and heads of the institutions, maintained by the University, may make such supplementary rules of discipline and proper conduct, not inconsistent with the rules made by the Vice-Chancellor, as they think necessary and every student shall be supplied with a copy of such supplementary rules.
(7) At the time of admission, every student shall sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and the other officers and authorities or bodies of the University and the authorities or bodies of the conducted colleges and institutions, and shall observe and abide by the rules made by the Vice-Chancellor in that behalf and in so far as they may apply, the supplementary rules made by the principals of conducted co1.1eges and heads of University institutions. .
(8) All powers relating to disciplinary
action against students of an affiliated college or recognised institution not
maintained by the University, shall vest in the principal of the affiliated
college or head of the recogl1ised institution, and the pro- visions of the
foregoing sub-sections including the rules, if any, made there under , shall mutatis
mutandis apply to such -colleges, institutions and students therein.
78. (1)
The Management Council may
institute and confer such degrees, IS, diplomas, certificates and other
academic distinctions as may be recommended by the Academic Council.
(2) The
Chancellor may, on the recommendation of the Management Council and the
Academic Council, supported by a majority of not less than two-third members of
each such authority, present at its meeting, such majority comprising
not less than one-half of members of each such authority, withdraw degree or
diploma or certificate or any other academic distinction permanently or for
such period as the Chancellor thinks fit, if such a person is convicted by a
court of law for any offence involving moral turpitude. No such action under
this section shall be taken unless the person concerned is given an opportunity
to defend himself.
79. (1) The Management Council may consider and recommend to the Senate the conferment of an honorary degree or other academic distinction on any person, without requiring him to undergo any test or examination, on the ground solely that he, by reason of his eminent position, attainments and public service, is a fit and proper person to receive such degree or other academic distinction. and such recommendation shall be deemed to have been duly passed if supported by a majority .of not less than two-thirds of the members present at the meeting at the Senate, being not less than one-half of its total membership :
Provided that, the Management Council shall not entertain or consider any: proposal in that behalf without the Vice-Chancellor having obtained the previous; approval of the Chancellor.
(2) The Management Council may take a decision on the proposal of the Senate provided that the Senate shall not entertain or consider any proposal in that behalf without the Vice-Chancellor having obtained prior approval of the Chancellor.
80.
The Convocation of the University shall be held at least once during an C
academic year in the manner prescribed by Statutes for conferring degrees,
post- graduate diplomas or for any other purpose.
81. (1)
Subject to the provisions of sub-section (2), the following persons shall be
entitled to have their names entered in the register of registered graduates or
deemed to be registered graduates, maintained by the University, namely
(a) who are graduates of the
University; I
(b)
who are graduates
holding a degree in Health Sciences of any existing University for which the
University under this Act is established.
(2) A person who,-
(a)
is of unsound mind and stands so declared by a competent court ;
(b)
is an undischarged insolvent;
(c)
is convicted for an offence involving moral turpitude;
(d)
is a registered graduate of any other
University established by law in the
State of
shall not be qualified to have his name entered in the
register of graduates, or be a registered graduate.
(3) Every person who intends to be registered graduate shall make an application to the Registrar in such form and make payment of such fees, as are prescribed by Statutes,
(4) The Vice-Chancellor shall, after making such inquiry as he thinks fit, decide whether the person is entitled to be registered graduate. If any question arise whether a person is entitled to have his name entered in the register of graduates or be a registered graduate or is not qualified to be a registered graduate, it shall be decided by the Vice-Chancellor after making such inquiry as the Vice-Chancellor - thinks fit and such decision shall be final.
82.
(1) The Chancellor may, in the
recommendation of the Management Council supported by a majority of not less
than two-thirds of its members present at its meeting, such majority comprising
not less than one-half of its, members, remove the name of any person from the
register of graduates for such period as the Chancellor thinks fit, such person
has been convicted by a court for any offence which, in the opinion of the
Management Council, is a serious offence involving moral turpitude.
(2) No action under this section shall be
taken unless the person concerned is, as prescribed by Statutes, given an
opportunity of being heard in his defence.
CHAPTER XI
UNIVERSALITY FUNDS, ACCOUNTS AND AUDIT
83. (1)
The annual financial estimates (budget)
of the University for ensuing financial year shall be prepared by the
Management Council under the direction of
the Finance and
Accounts Committee at least two months before the commencement of the financial
year .
(2) The Management Council shall thereafter forward copies of financial estimates II as approved by the Senate to the Chancellor and the Government.
(3) The Financial year of the University
shall be same as that or the Government.
84. (1) The
University shall establish the following funds, namely:-
(a) general
fund ;
(b)
salary fund;
(c)
trust fund;
(d)
development and programme fund;
(e)
contingency fund; and
(f)
any other fund which, in the opinion of the University, is deemed
necessary to establish.
(2) The following
shall form part of or be paid into, the general fund,-
(a) non-salary contribution or grant, received
from the Government or Central Government or University Grants Commission;
(b) all incomes of the University from any source
whatsoever, including income from fees and charges;
(d)
any sums borrowed from the banks or any other agency, with the
permission of the Government;
(e)
sums received from any other source or agency.
(3) The salary fund shall
consist of all amounts received from the Government, Central Government or
University Grants Commission towards full 0r part payment of the salary and
allowances. No amount from this fund shall be utilised for the purpose other
than payment of salary and allowances.
(4) All income or moneys from
trusts, bequests, donations, endowments, subventions and similar grants shall
form the trust fund.
(5) (a) The
development and programme fund of the University shall consist of all infrastructure development grants
received from the State Government, all contributions made by the University
Grants Commission for development and research grants received from other
funding agencies of the Central Government, United Nations and its affiliates,
other international agencies, industries, banks and financial institutions or
persons;
(b)
No amount from
this fund shall be appropriated to any other fund of the University or expended
for any other Purpose;
( c) The development and programme fund shall be utilised in
the manner consistent with the object of the Programmes for which a suitable
code will be adopted to include the guidelines of the funding agency on
expenditure and audit, to be granted and approved by the Management Council.
(6) The University shall have and maintain a
contingency fund under a separate head of the University accounts which shall
be used only for the purposes of meeting any unforeseen expenditure.
(7) Surplus moneys at the credit of these
funds, which cannot immediately or at any early date be applied for the purposes
aforesaid shall, from time to time, be deposited in the bank as directed by the
Management Council.
Expla1lotion - For the purposes of this
sub-section, the expression bank means-
(i)
the State Bank of
(j)
a subsidiary bank as defined in the State Bank of
(iii) a corresponding
new bank constituted under section 3 of the Banking Companies (Acquisition and
Transfer of Undertakings) Act. 1970 or under section 3 of the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1980 ;
(iv) any other bank,
being a scheduled bank as defined in clause
(e) of section 2 of the Reserve Bank of India Act, 1934 or being such a bank
as may be approved by the Government.
85. (1) The accounts of the University shall be audited at least once every year and in any case within six months of the close of the financial year by the auditors a( appointed by the Management Council from amongst the firms of chartered al Accountants whose partners hav