AN ACT
Officers of University
Chancellor
Vice Chancellor
Deans of Faculties
The Registrar
The Finance Officer
The Court
The Executive Council
The Academic Council
The Faculties
The Finance Committee
The Academic Planning Board
To establish and incorporate a [teaching-cum- affiiiating University] at Rohtak for the encouragement of Inter-disciplinary higher education and research with special emphasis on studies of Life Sciences and Environmental and Ecological Sciences.
BE it enacted by the Legislature of the State of Haryana in the Twenty-sixth Year of the Republic of India, as follows:-
Short title and commencement
1. (1) This Act may be called the[Maharshi Dayanand University] Act, 1975
(2) It shall come into force on such date as the State Government may, by notification, appoint.
Definitions
3.2 In this Act and in all statuts, ordinances and regulations made thereunder unless the context otherwise requires:-
(a) "College" means a college maintained by, or admitted to the privileges of, the University under this Act.
(b) "Employees" means any person appointed by the University, and includes teachers and other staff of the University.
(c) "Government" means the Government of the State of Haryana.
(d) "Hall" means a unit of residence or of corporate life for the students of the University, college or institute provided, maintained or recognised by the University.
(e) "Institution" means an academic institution, not being a college, maintained by, or admitted to the privileges of the University.
(f) "Principal" means the head of a college, and includes, when there is no principal, the person for the time being duly appointed to act as principal and. in the absence of the principal or acting principal, a vice-principal duly appointed as such.
(g) "Recognised teachers" means such persons as are recognised by the University for the purpose of imparting instruction in a college or an institution admitted to the privileges of the University.
(h) "Statutes", "ordinances" and "regulations" means respectively the statutes, ordinances and regulations of the University made under this Act.
(i) "Teachers of the University" means professors, readers, lecturers and such other persons as may be appointed for imparting instruction or conducting research in the University or in any college or institution maintained by the University and are designated as teachers by the ordinances and
(J) "University" means the Maharshi Dayanand University, as incorporated under this Act.]
Incorporation
3 (1) The first Chancellor and the first Vice- Chancellor of the University who shall be persons appointed in this behalf by the Government by notification and the first members of the Court, the Executive Council and the Academic Council and all persons who may herafter become or be appointed as such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of the [Maharshi Dayanand University].
(2) The University shall have perpetual succession and a common seal with power to to acquire, hold and dispose of property, and to contract, and may by the said name sue or be ds sued.
Territorial exercise of Power
4 (1) The limits of the area within which the University shall exercise its powers shall be such as the State Government may, from time to time, by notification, specify:
Provided that different areas may be specified for different faculities,
(2) Notwithstanding anything contained in any other law for the time being in force, any college situated within the limits of the area specified under sub-section (1) shall, with effect from such date as may be notified in this behalf by the Government, be deemed to be associated with, and admitted to, the privileges of the University and shall cease to be associated in any way with or be admitted to any privileges of any other University, and different dates may be appointed for different colleges:
Provided that
(i)Any student of any college associated with, or admitted to, the other University before the said date, who was studying for any degree or diploma examination of that University shall be permitted to complete his course in preparation thereof and the University shall hold for such student examinations in accordance with the curricula of study in force in that University for such period as may be prescribed by the statutes, ordinances or regulations
(ii) Any such student may, until any such examination is held by the University,be admitted to the examination of the other University and be conferred the degree diploma or any other privilege ofthat University for which he qualified on the result of such examination.]
Bar of conferring, grunting issuing degrees, diplomas or certificates unauthorised institutions.
4.A. (1) Notwithstanding anything contained in this Act or in any other law, for the time being in force, no person or institution other than the University, shall confer, grant or issue or hold himself or itself out as entitled to confer, grant or issue any degree, diploma or certificate within the territorial jurisdiction of the University, which is identical with or is a colourable imitation of any degree, diploma or certificate conferred, granted or issued by the University.
(2) Contravention of the provisions of sub-section (1) shall be a cognizable offence punishable with imprisonment upto two years or fine upto two thousand rupees or both.
(3) Where an offence under this section has been committed by a company, the company as well as every person incharge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that, nothing contained in this sub- section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(4) Notwithstanding anything contained in sub- section (3), where an offence under this section has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation-For the purposes of this section
(a) "Company" means any body corporate and includes a firm or other association of individuals and
(b) "Director" in relation to a firm is a partner in the firm.]
Powers of University
5. The University shall exercise the follow powers and perform the following dut namely :-
(a) To provide for research and instruction in such branches of learning as the University may think fit and to take such steps as it considers necessary for advancement of learning and dissemination of knowledge.
(b) To hold examinations and grants such degrees, diplomas and other academic distinctions or titles to person as may be laid down in the statutes ordinances or regulations.
(c) To confer honorary degrees or other distinctions on approved persons in the manner laid down in the statutes
(d) To institute prizes, medals, research studentships exhibitions and fellowships.
(e) To receive gifts, donation or benefactions from the Government and to receive gifts, donations transfers of moveable or immoveable property from transferrers, donors testers as the case may be.
(f) To institute principalships professorships, readerships lecturereships, and other teaching or academic posts required by University and to appoint persons such posts.
(g) To co-operate with educations and other institutions in India and abroad having objects similar to those of the University in such manner as may be conducive to their common objects
(h) To provide instruction, including correspondence and such other courses, to such persons as are not members of the University, as determine.
(i) To recognise persons for imparting instruction in any college or institution admitted to the privileges of the University.
(j) To admit to its privileges, colleges and institutions not maintained by the University to withdraw all or any of these privileges in accordance with such conditions as may be prescribed by the statutes and to recognise halls not maintained by the University and to withdraw any such recognition.
(k) To declare a college, an institution or a department as autonomous college or an institution or a department, as the case may be.
(l) To borrow with the approval of the State Government, on the security of . the property of the University, money for purposes of the University
(m) To supervise, control and regulate the residence, conduct and discipline of the students of the University and of colleges and institutions within the jurisdiction of the University.
(n) To deal with any property belonging to, or vested in the University, in such manner as the University may deem fit for advancing the objects of the University.
(o) To make special arrangements for the education of women students and the students belonging ,to weaker sections of the society, in particular Scheduled Castes and Scheduled Tribes, as the University may consider desirable. and
(p) To do all such things, as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University]
University open to all races, classes, castes and creeds
6. The University shall be open to all persons irrespective of sex, [xxxxx] race, creed, caste or class. and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, teachers workers or in any other connection whatsoever and no benefaction shall be accepted which in the opinion of the authorities ofthe University involves conditions or obligations opposed to the spirit and objects of this provision.
Provided that nothing contained in this section shall be deemed to prevent the University from making any special provision in respect of weaker sections ofthe society and in particular Scheduled Castes and Scheduled Tribes
Teaching of University
7. All teaching in the University shall be conducted by and in the name of the University, in accordance with the statutes, ordinances and regulations made in this behalf.
Officers of University
8. The following shall be the officers of the University, namely :-
(i) The Chancellor,
(ii) The Vice-Chancellor,
(iii) Deans of Faculties,
(iv) The Registrar,
(v) The Finance Officer,
(vi) The Librarian,
(vii) The Controller of Examination, if any,
(viii) The Dean of Colleges, if any,
(be) The Dean of Students Welfare, if any,
(x) Such other persons in the service of
the University as may be declared by
the statutes to be the Officers of the university
Chancellor
9. (1) The Governor of Haryana by virtue of his office shall be the Chancellor ofthe University,
(2) The Chancellor shall be the head of the University.
(3) The Chancellor shall, if present, preside over the convocation of the University for conferring degree and the meetings ofthe court.
(4) The Chancellor shall have the right :-
(i) to cause an inspection to be made, by such person or persons as he may direct, of the University, its buildings, laboratories and equipment and of any college or institution maintained by the University and also of the examinations, teaching and other work conducted or done by the University and
(ii) to cause an inquiry to be made in like manner in respect of any matter connected with the administration of finances of the University, colleges, or institutions.
(5) The Chancellor shall, in every case, give notice to the University of his intention to cause an inspection or enquiry to be made and on receipt of such notice, the University shall have the right to make such representation to the Chancellor as it may consider necessary.
(6) After considering the representation, if any, made by the University, the Chancellor may cause to be made such inspection or inquiry as is referred to in sub-section).
(7) Where any inspection or inquiry has been caused to be made by the Chancellor, the University shall be entitled to appoint a representative who shall have the right to be present and to be heard as such inspection or inquiry.
(8) The Chancellor may, if the inspection or inquiry is made in respect of the University or any college or institution maintained byit, address the Vice-Chancellor with reference to the result of such inspection or inquiry, and the Vice- Chancellor shall communicate to the Executive Council the views of the Chancellor and the action to be taken thereon as advised by the Chancellor
(9) The Executive Council shall communicate through the Vice-Chancellor to the Chancellor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry.
(10) Where the Executive Council does not- within a reasonable time, take action to the satisfaction of the Chancellor, the Chancellor, may, after considering any explanation furnished or representation made by the Executive Council, issue such directions as he may think fit anc the Executive Council shall comply with suet directions.
(11) Without prejudice to the foregoing provision of this section the Chancellor, may, by order in writing, annul any proceedings of the University, which in his opinion, is not in conformity with this Act, the statutes or ordinances:
Provided that before making any such order he shall call upon the University to show cause. why such an order should not be made, and, any cause is shown within a reasonable time he shall consider the same.
(12) The Chancellor may, at any time, require or direct the University to act in conformity with the provisions of this Act and the statutes ordinances and regulations made thereunder
(13) The power exercised by the Chancellor under sub-section (11) and sub-section (12) shall not be called in question in any civil court.
(14) Any employee of the University who is aggrieved by the decision of the Executive Council or the Vice-Chancellor in respect of any disciplinary action taken against him, may address a memorial to the Chancellor in such manner as may be prescribed by statutes and the decision of the Chancellor shall be final.
(15) The Chancellor shall have such other power as may be prescribed by the Statutes.
Vice-Chancellor
9-A (1) "The State Government shall constitute a Selection Committee consisting of one nominee of the Chancellor and two nominees of the Executive Council which shall prepare a panel of atleast three names, in alphabetical order, from which the Chancellor, shall appoint the vice-Chancellor, on the advice of the state Government. The terms and conditions of service of the Vice-Chancellor, shall be determined by the Chancellor on the advice the State Government.
(1) A The Chancellor may, on the advice of the State Government, cause an inquiry to be held in accordance with the Principles of natural justice, and remove the Vice-Chancellor from office, if he is found on such inquiry, to be a person patently unfit to be continued in such office-"
(2) The Vice-Chancellor shall hold office for a period of three years which may be renewed for not more than one term.
Provided that he shall cease to hold the office on attaining the age of 65 years irrespective of the fact that his term has not expired.
[Provided further that a persci, holding the office of the Vice-Chancellor, who was appointed or is deemed to have been appointed before the first day of November, 1980, shall continue to be governed by the law in force at the time of his appointment.]
(3) If the Vice-Chancellor is unable to perform his duties owing to his temporary incapacity on account of illness or any other reason or the office of the Vice-Chancellor falls vacant due to death or otherwise the Pro-Vice-Chancellor shall perform the duties of the Vice-Chancellor until the existing Vice-Chancellor is able to resume his office or until a regular Vice-Chancellor is appointed, as the case may be, In the absence of both Vice-Chancellor and Pro-Vice-Chancellor, the Chancellor shall make such arrangements for the duties of the Vice-Chancellor to be performed by some authority until Vice- Chancellor or Pro-Vice-Chancellor joins.]
(4) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the Uhiversity-
(5) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act, except in the matters involving creation or abolition of the Faculty, Department, or Post, the matter involving appointment or removal of an employee:
Provided that the Vice-Chancellor before exercising powers under this section shall record in writing the reasons, why the matter cannot wait till the meeting of the authority concerned:
Provided further that if the authority concerned is of the opinion that such action ought not to have been taken, the decision of the authority thereon shall be final:
Provided further that a person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub- section shall have the right to refer such actior to the Executive Council within one month fron the date on which decision on such action is communicated to him and thereupon th Executive Council may confirm, modify o reverse the action taken by the Vice-Chancello The employee shall be informed that the actio has been taken under emergency powers.]
(6) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the statutes or ordinances
Dean of Faculties
9-B Every Dean of a Faculty shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.
Registrar
9-C(1) The Registrar shall be appointed by the Chancellor on the advice of the Government.
(2) The Registrar shall be Chief Administrative Officer of the University. He shall work directly under the superintendence, direction and control of the Vice-Chancellor
Finance Officer
9-D The Finance Officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.
Other Officers
9-E The manner of appointment and powers and duties of other officers of the University shall be prescribed by the statutes.]
Creation of teaching and non- teaching posts
9-F Notwithstanding anything contained in this Act, the University shall not create any teaching and non- teaching posts or revise the pay scales of the teaching and non-teaching employees without obtaining the prior approval of the Government.
Authorities of the University
8. The following shall be the Authorities of the University, namely :-
(i) the Court.
(ii) the Executive Council.
(iii) the Academic Council.
(iv) the Faculties.
(v) the Finance Committee.
(vi) the Academic Planning Board. and
(vii) such other authorities as may be declared by the statutes to be the authorities of the
University.]
Court
4[11(1) The constitution of the Court and the term of office of its members shall be prescribed by the statutes.
(2) Subject to the provisions of this Act, the Court shall have the following powers and functions, namely:-
(a) to review, from time to time, the broad policies and programmes of the Uni- versity and to suggest measures for the improvement and development of the University.
(b) to consider and pass resolution on the annual report, annual budget and the annual accounts of the Univer- sity and on the audit report of such accounts.
(c) to advise the Chancellor in respect of any matter which may be referred to it for advice. and
(d) to perform such other functions as may be prescribed by the statutes.]
Composition of Court
(a) Ex-Officio members:
(i) The Chancellor.
(ii) The Vice-Chancellor.
(iii) The Pro-Vice-Chancellor.
(iv) The Deans of Faculties.
(v) The Director of Higher Education, Haryana.
(vi) The Director of Health Services. Haryana.
(vii) The Director of Technical Education, Haryana.
(viii) The Registrar.
(ix) The Dean of Students Welfare.
(x) The Dean, Colleges Development Council.
(xi) The Controller of Examinations.
(xii) The Librarian.
(xiii) The Proctor.
(xiv) The Finance Officer.
(xv) The Director, Pt. B.D.Sharma, PGIMS, Rohtak.
(xvi) The Director, P.G.Regional Centre, Rewari.
(xvii) The Director, Distance Education.
(xviii) The Principal, Dental College, Rohtak.
(b) Other Members:
(i) Two persons to be elected by the Haryana Vidhan Sabha from amongst its members.
(ii) Professors of the University not exceeding ten, on the basis of seniority, by rotation.
(iii) Five teachers to be elected from amongst the readers and lecturers of the University of whom at least two shall be readers.
(iv) Five teachers of the Pt. B.D.Sharma, PGIMS, Rohtak as follows:
(a) Three Professors on the basis of seniority by rotation.
(b) One Associate Professors on the basis of seniority by rotation.
(c) One Reader on the basis of seniority by rotation.
(v) One Professor of Dental College on the basis of seniority by rotation.
(vi) One Principal from maintained Colleges, on the basis of seniority by rotation.
(vii) One Principal from the Colleges of education, on the basis of seniority, by rotation.
(viii) One Principals from the Colleges of Ayurvedic Education on the basis of seniority, by rotation.
(ix) Six Principals of Arts/Science/ Commerce colleges of which atleast two shall be women, on the basis of seniority, by rotation.
(x) Thirteen regular teachers (other than Principals) from the affiliated or maintained colleges, excluding Pt. B.D.Sharma PGIMS, Rohtak by election as under:-
(a) One teacher (other than the Professor) from Dental Colleges.
(b) One teacher of Ayurvedic colleges.
(c) One teacher (other than the Professors) of Pharmacy Colleges.
(d) Two teachers of Colleges of Education.
(e) Two teachers from Arts/Science/ Commerce Colleges from each of the following four zones:-
Zone-I Colleges situated in Rohtak and Jhajjar Districts.
Zone-2 Colleges situated in Bhiwani and Sonepat Districts
Zone-3 Colleges situated in Faridabad District and
Gurgaon Town. Zone-4 Colleges situated in Mohindergarh, Rewari and Gurgaon Districts excluding Gurgaon Town. Provided that out of the eight teachers from Arts/Science/Commerce Colleges atleast four shall be women, one from each zone.
(xi) Six students to be nominated in the manner to be prescribed by the Statutes for a term of one year.
(xii) Fifteen representatives of learned professions with special interest including representatives of industry, commerce and medical and weaker sections of the society, to be nominated by the Chancellor.
(2) The Registrar shall be the Member-Secretary of the Court.
(3) The members of the Court, other than ex-officio members, shall hold office for a term of three years except those coming by rotation who shall hold office for two years.
Provided that any member, who ceases to hold the qualifications by virtue of which he was elected or nominated as member to the Court, shall cease to be a member thereof.
(4) The method of election except in case of Sub-Clause (b)(iii) of Clause-1 shall be by simple majority voting of ballot and the election shall be conducted in accordance with the rules framed by the Vice-Chancellor. The election of members to the Court in the case of sub-clause (b)(iii) of Clause-I shall be held by the method of propotional representation.
Executive Council
12.(1) The Executive Council shall be the principal executive body of the University.
(2) The constitution of the Executive Council, the term of office of its members and its powers and duties shall be prescribed by the statutes:
Provided that the Pro Vice-Chancellor shall be ex-officio member of the Executive Council.
Composition of Executive Council
(a) Ex-officio members:
(i) The Vice-Chancellor.
(ii) The Pro Vice-Chancellor
(iii) The Secretary, Education, Haryana or
in his absence, the Director of
Higher Education.
(iv) The Finance Secretary, Haryana or his representative not below the rank of Joint Secretary.
(v) The Director, Pt. B. D. Sharma, PGIMS Rohtak.
b) Other Members:
(i) One Dean from the faculties of Engineering & Technology, Education and Law in rotation for two years.
(ii) One Dean from the Faculties of Life Sciences, Physical Sciences and Pharmaceutical Sciences, in rotation for two years.
(iii) One Dean from the Faculties of Social Sciences, Humanities, Commerce and Management Sciences, in rotation for two years.
(iv) Two Principals (other than the Deans of the Faculties) of maintained or affiliated Colleges, out of which one shall be a woman, by rotation, on the basis of seniority, for two years.
(v) One Professor of the University Teaching Departments by rotation for one year, in accordance with their seniority.
(vi) Two teachers of the University teaching departments other than Professors, to be elected from amongst themselves, out of which at least one shall be Reader, for a period of two years. The election shall be held by the method of proportional representation.
(vii) One teacher (other than a Principal) of a college excluding University College, Rohtak to be elected by the members of the Court from amongst themselves.
(viii) Four persons as the Chancellors nominees from amongst distinguished educationists or administrators, for a period of two years. provided that at least two out of these four persons are members of the Court but are not, employees of the Government, the University, the colleges maintained by or affiliated to the University or students of the University.
(ix) One teacher of the University College, Rohtak (other than Principal) to be elected from amongst themselves for a period of two years.
(2) The Registrar shall be the Secretary of the Executive Council.
(3) Seven members shall form a quorum.
(4) Any member who ceases to hold the qualifications by virtue of which he was elected or nominated as member to the Executive Council shall cease to be a member there.
Academic Council
13. (1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the stat- utes and ordinances, co-ordinate and exercise general supervision overall academic policies of the University.
(2) The constitution ofthe Academic Council, the term of office of its members and its powers and duties shall be prescribed by the statutes:
Provided that the Pro Vice-Chancellor shall be the ex-officio member ofthe Academic Council.
Composition of Academic Council
(a) Ex-Officio members:
(i) The Vice-Chancellor.
(ii) The Pro Vice-Chancellor.
(iii) The Director of Higher Education, Haryana. or in his absence the Joint Director (Colleges).
(iv) The Director of Health Services, Haryana.
(v) The Deans of Faculties.
(vi) The Dean of Students Welfare, if any.
(vii) The Dean of Colleges, if any.
(viii) The Heads of the University Teaching Departments.
(ix) The Professors appointed by the University.
(x) The Chief Warden of University Hostels.
(xi) The Director, Pt. B.D. Sharma PGIMS, Rohtak.
(xii) The Director, P.G. Regional Centre, Rewari.
(xiii) Librarian of the University Library
(b) Other Members:
(i) One University Reader by seniority from each Faculty, by rotation.
(ii) One University Lecturer from each Faculty, by rotation, on the basis of seniority.
(iii) Five Principals of Colleges which were established before Ist November, 1996, out of which at least one shall be a woman, on the basis of seniority by rotation.
(iv) Five Principals of Colleges which were established on or after Ist November 1966, out of which at least one shall be a woman, by rotation.
(v) Seventeen regular teacher (other than the Principals) from affiliated/maintained colleges, excluding Pt. B. D. Sharma PGIMS, by election as under:-
(a) One teacher (other than the Professors) of Dental Colleges.
(b) One teacher of Ayurvedic Colleges.
(c) One teacher (other than Professors) of Engg. Colleges.
(d) Two teacher of Education Colleges.
(e) Three teacher of Arts/ Science/ Commerce colleges, from each of the following four zones:
Zone-1: Colleges situated in Rohtak and Jhajjar Distts.
Zone-2: Colleges situated in Bhiwani & Sonepat Distts.
Zone-3: Colleges situated in Faridabad Distt. and Gurgoan town.
Zone-4: Colleges situated in Mohindergarh, Rewari and Gurgaon Distts. Excluding Gurgoan town.
Provided that out of twelve teachers from Arts/Science/ Commerce Colleges atleast one shall be a woman by rotation from the above zones.
(vi) Nine teachers of the Pt.B.D. Sharma PGIMS, Rohtak to be appointed in the manner to be prescribed by the statutes. and
(vii) five persons as experts to be co-opted by the Academic Council. provided that not more than one of them shall be from the same Faculty.
(viii) President, M. D. University Students Union and two Presidents to be elected from amongst themselves by the Presidents of the students Unions in the colleges, (out of the two Presidents, one shall be a girl) for the period from the date of election till new elections are held during their period of incumbency provided the students representatives remain on rolls of the institution concerned.
Provided that the members coming under this clause shall not participate in the meeting at the time the Academic Council considers the appointment of examiners.
(2) The Registrar shall be the Secretary of the Academic Council.
(3) Two-fifths of the members shall form a quorum.
(4) The members of the Academic Council, other than ex-officio members shall hold office for a term of two years:
Provided that any member who ceases to hold the qualifications by virtue of which he was elected or nominated as member to the Academic Council shall cease to be a member thereof.
(5) The election of members to the Academic Council shall be held by method of proportional representation.
Faculties
13-A. The constitution and function of the Faculties shall be
such as may be prescribed by the statutes.
Finance Committee
13-B. The constitution of the Finance Committee, the term of office of its members, and its powers and duties shall be prescribed by the statutes
Provided that the Pro Vice-Chancellor shall be the ex" officio member of the Finance Committee..
Composition Finance Committee
(I) The Finance Committee shall consist of the following persons, namely:-
a) The Vice-Chancellor.
b) The Pro Vice-Chancellor.
c) The Finance Secretary, Haryana.
d) The Education Secretary, Haryana.
e) Two Deans of Faculties as prescribed under clause (1)(b)(ii) and (iii) of Statute 11.
f) One person to be nominated by the Chancellor from amongst four members nominated by him to the Executive Council under clause (1)(b)(viii) of Statute 11.
g) The Registrar
(2) The Vice-Chancellor shall be the Chairman of Finance Committee and the Finance Officer shall be its Secretary.
(3) Four members shall form a quorum out of which atleast one shall be Finance Secretary, Haryana or the Education Secretary, Haryana.
(4) The members nominated to the Finance Committee shall hold office for a term of two years. Any member who ceases to hold the qualification by virtue of which he was nominated shall cease to be member thereof.
Academic Planning Board
13-C. The Constitution and functions of the Academic Planning Board shall be such as may be prescribed by the statutes.
Statutes and their scope
14. Subject to the provisions of this Act, the statutes may "opt provide for all or any of the following matters, namely :-.
(a) the constitution, powers and functions of the authorities and other bodies of the University as may be constituted from time to time.
(b) the classification, mode of appointment, powers and duties of the teachers and the officers of the University.
(c) the conditions of service including provision for pension or provident fund or insurance scheme for the benefit of the employees of the University.
(d) the conferment of honorary degrees.
(e) the establishment and abolition of faculties and departments.
(f) the institution of fellowships, scholarships, studentships, exhibitions, medals and prizes.
(g) the maintenance of discipline among the students.
(h) the conditions under which colleges and institutions may be admitted to the privileges of the University and the withdrawal of such privileges.
(i) the delegation of powers vested in the authorities or officers of the University. and
(j) all other matters which by this Act are to be or may be provided for by the statutes.]
Statutes how made
15. (1) The statutes of the University shall be those as set out in the Schedule substitute by the Maharshi Dayanand University (Amendment) Act, 1983 and the existing statutes shall cease to operate:
Provided that the authorities of the University constituted under the existing statutes, shall continue to exercise all the powers and per- form all the functions under this Act up to the 31st March, 1983 or till such authorities are constituted in terms of the statutes set out in the Schedule referred to above, whichever is earlier
(2) The Government or the Executive Council may, from time to time, make new or additional stat- utes or may amend or repeal the statutes in the manner hereafter provided in this section:
Provided that the Executive Council shall not make, amend or repeal any statutes affecting the statutes, powers or constitution of any au- thority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be consid- ered by the Executive Council.
(3) The Academic Council may propose to the Executive Council a draft of any statute relat- ing to academic matters for consideration by the Executive Council,
(4) Every new statute or addition to the statute or any amendment or repeal of a statute shall re- quire the approval of the Chancellor, who may approve, disapprove or remit it for further consideration. A statute passed by Govern- ment or the Executive Council shall have no, validity until it has been assented to by the Chancellor.]
(5) Notwithstanding anything contained in the foregoing sub-sections, the Chancellor, either suo moto or on the advice of the Government, may direct the Executive Council to make amend or repeal the statutes in respect of any matter specified by him and if the Executive council fails to implement such a direction within 60 days of its receipt, the Chancellor may after considering the reasons, if any, communicated by the Executive Council for its inability to comply with such direction, make, amend or repeat the slatute suitably."
Ordinances and their scope
16. Subject to the provisions of this Act and the statutes, the ordinances may provide for all or any of the follow- ing matters, namely :-
(a) the admission of students to the University and their enrolments as such.
(b) the courses of study to be laid down for all degrees, diplomas and certificates of the University.
(c) the conditions under which students shall be admitted to the degree or diploma courses and to the examinations of the University and shall be eligible for degrees and diplomas.
(d) the fees to be charged for courses of study in the University and for admission to the exami- nations. degrees and diplomas of the University:
(e) the conditions of the award of fellowships. scholarships, studentships, exhibitions, medicals and prizes:
(f) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators.
(g) the conditions of residence of students of the University.
(h) all other matters which by this Act or the statutes are to be made or may be provided for by the ordinances.
Ordinances how made
17. (1) The ordinances shall be made, amended, repealed or added to by the Executive Council:
Provided that no ordinance shall be made -
(i) affecting the admission or enrolment of students or prescribing examina- tions to be recognised as equivalent to the University examinations. or
ii) affecting the conditions, mode of ap- pointment or duties of examiners or the conduct or standard of examina- tions or any courses of study.
unless the draft of such an ordinance has been proposed by the Academic Council.
(2) The Executive Council may return to the Academic Council for reconsideration, either in whole or in part, any draft proposed by the Academic Council under sub-section (1) alongwith its suggestions:
Provided that the Executive Council shall not amend the draft proposed by the Academic Council itself. It may, however, reject such draft when submitted to it by the Academic Council for the second time.
(3) All ordinances made by the Executive Council shall have effect from such date as it may direct and every ordinance made shall be communicated, as soon as may be, to the chancellor
Regulations
18. (1) The authorities of the University may make regulations consistent with this Act, the statutes and the ordinances-
(a) laying down the procedure to be observed at their meetings and the number of members required to form a quorum. and
(b) Providing for all matters which by this Act, the statutes or the ordinances are to be prescribed by regulations.
(2) Every authority of the University shall make regulations providing for giving of notice to the members of such authority of the dates of meeting and of the business to be considersc at meeting and for the keeping of a record of the proceedings of the meetings.
Annual Report
2.20 The annual report of the University giving details of the broad programmes, policies and finances, amendments of statutes and ordinances made during the year under report, shall be prepared under the directions of the Executive Council and shall be submitted to the Court on or after such date as may be prescribed by the statutes and the Court shall consider the report in its annual meeting.
Annual Accounts
3.21 (1) The annual accounts and the balance-sheet of the University shall be prepared under the directions of the Executive Council and shall once at least every year and at intervals of not more than 15 months be audited by the Examiner, Local Fund Accounts, Haryana any other auditor that may be appointed by the Government. The annual accounts when audited shall be published in the Haryana Government Gazette and a copy of annual accounts alongwith the report of examiner Local Fund Accounts or the auditor shall be submitted to the Court and the Chance alongwith the observations of the Executive Council. Any observations made by the Chancellor on the annual accounts shall be brought to notice of the Court and the observations of the Court, if any. shall after
being considered by the Executive Council, be submitted to the Chancellor.
(2) The annual accounts and the balance-sheet of the University shall also be submitted to the Government al the time of its submission to the Chancellor]
Conditions of service of officers and teachers
22. (1) Every salaried officer and teacher, except the Vice-Chancellor, shall be appointed under a written contract, which shall be lodged with the University and any dispute arising out of a contract between the University and any of its officers or teachers shall, at the request of the teacher or officer concerned or at the instance of the University, be referred to a Tribunal of arbitration consisting of one member appointed by the Executive Council, ne member nominated by the officer or teach&r concerned and one nominee of the Chancellor. The decision of the majority of the members of the Tribunal, shall be final and no suit shall lie in any civil court in respect of the matters decided by the Tribunal.
(2) Every such request shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act, 1940.]
Pension, Provident Fund and Insurance Fund
23. (1) The University shall institute for the benefit of its officers, teachers and other employees, such pension, provident and insurance fund as it may deem fit.
(2) Where any provident and insurance fund has been so constituted the provisions of the Provident Fund Act, 1925, shall be applicable to it as if it were a Government Provident Fund.
Acts or proceedings of University authorities and bodies not invalidated by vacancies
24 No act done, or proceeding taken, under this Act by any authority or other body of the University shall be invalid merely on the ground-
(a) of any vacancy or defect in the constitution of the authority or body. or
(b) of any defect or irregularity in election, nomination or appointment of a person acting as a member thereof.
(c) of any defect or irregularity in such act or proceeding, not affecting the merit of the case
Disputes as to constitution of University authorities and bodies
25. If any question arises whether any person has been duly elected or appointed as, or is entitled to be. a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.
Power to remove difficulties
26. If any difficulty arises with respect lo the establishment of the University or in connection with the first meeting of any authority of the University, or otherwise in first giving effect to the provision of this Act, the Government may, at any time, before any authority of the University has been constituted, by order make a appointment or do anything consistent, so far as may be with the provisions of this Act which appears to it necessary or expedient for the purposes of removing the difficulty, and every such order shall have effect as if such appointment or action had been made or taken in the manner provided in this Act.
Protection of action taken in good faith
27. No suit or other legal proceedings shall lie against any officer or employee of the University for anything which is in good faith done or intended to be done in pursuaance of any of the provisions of this Act, the statutes or ordinances.
Mode of proof of University record
28 Notwithstanding anything to the contrary contained in the Indian Evidence Act, 1872, or in any other law for the time being in force, a copy of any receipt, application notice, order, proceeding, resolution of any authority or committee of the University, or other document in possession ofthe University, or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as evidence of such receipt application, notice, order, proceedings, resolution document or the existence of entry in the register shall be admitted as evidence of the matters transactions therein where the original thereof would produced , have been admissible in evidence.]
Repeal and savings
29. (1) The Punjab State Faculty of Ayurvedic and Unani Systems of Medicine Act, 1963, in its application to the State of Haryana, is hereby repealed and the Haryana State Faculty Ayurvedic and Unani Systems of Medicine (hereinafter referred to as the Faculty.
constituted under section 3A of the Act so repealed shall, from the date of commencement of this Act, stand dissolved and the members thereof shall cease to hold office as such :
Provided that the repeal shall not affect -
(a) the previous operation of the Act so repealed or anything duly done or suffered thereunder.
or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed.
or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the Act so repealed.
or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid.
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.
(2) Subject to the provisions of sub-section (I) :-
(a) anything done or any action taken by the Faculty including qualifying or other examinations held, training or courses of studies prescribed, degrees, diplomas or certificates conferred, granted or issued, fees fixed or levied or stipends, scholarships, medals, prizes or rewards awarded, shall be deemed to have been done or taken under the principal Act, and shall continue to be in force accordingly unless and until superseded or amended by anything done or any action taken under the principal Act.
(b) all properties, movable and immovable and all interest of whatsoever nature and kind therein, vested in the Faculty before commencement of this Act shall in the University.
(c) all debts, obligations and liabilities incurred, all contracts entered to and all matters and things engaged to be done by, with or for the Faculty under the Punjab State Faculty of Ayurvedic and Unani System of Medicine Act, 1963, before the commencement of this Act shall be deemed to have been incurred entered into, or engaged to be done by, with or for the University.