The Shri Krishna Ayush University Kurukshetra Act, 2016 (25 of 2017)
Haryana · state statute
Open in Lexace · Ask the AI about this actRegd. No. CHD/0093/2015–2017 Haryana Government Gazette EXTRAORDINARY Published by Authority © Govt. of Haryana No. 170-2017/Ext.] CHANDIGARH, MONDAY, SEPTEMBER 25, 2017 (ASVINA 2, 1939 SAKA ) LEGISLATIVE SUPPLEMENT CONTENTS PAGES PART-I ACTS SHRI KRISHNA AYUSH UNIVERSITY KURUKSHETRA ACT, 2016 409-432 (HARYANA ACT NO. 25 OF 2017). PART-II ORDINANCES NIL PART-III DELEGATED LEGISLATION vf/klwpuk la[;k dkåvkå 66@dsåvå 29@1986@/kkå 5 RkFkk 7@2017] 621&622 fnukad 25 flrEcj] 2017&gfj;k.kk ljdkj] Ik;kZoj.k foHkkx] vf/klwpuk la[;k dkåvkå5@ dsåvå29@1986@/kkå5 RkFkk 7@2016] fnukad 10 ekpZ] 2016 esa la’kks/ku djus ckjsA ¼çkf/kd`r vaxzsth vuqokn lfgr½ PART-IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS NIL (lxvi) HARYANA GOVT. GAZ. (EXTRA.), SEPT. 25, 2017 (ASVN. 2, 1939 SAKA) 409 PART - I HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 25th September, 2017 No. Leg. 27/2017.— The following Act of the Legislature of the State of Haryana received the assent of the President of India on the 23rd August, 2017 and is hereby publis hed for general information:- HARYANA ACT NO. 25 OF 2017 SHRI KRISHNA AYUSH UNIVERSITY KURUKSHETRA ACT, 2016 AN ACT To establish and incorporate a University in the State for the purpose of teaching and affiliating and ensuring proper and systematic instur ctions, training and reseach in Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoepathy system of medicines to achieve excellence in these and connected fields and to administer Shri Krishna Government Ayurvedic College, Kurukshetra. Be it enacted by the Legislature of the State of Haryana in the Sixty -seventh Year of the Republic of India as follows:- 1. (1) This Act may be called Shri Krishna AYUSH University Kurukshetra Act, 2016. (2) It shall come into force at once. Short title and commencement. 2. In this Act and in all Statutes, Ordinances and Regulations made thereunder, unless the context otherwise requires,- (a) “academic course” means a course of study in any discipline of AYUSH according to the syllabus and curriculum prescribed by the University; (b) “affiliated college” means a college or an institutio n admitted to the privilege s of the University under this Act; (c) “AYUSH” means the Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy including all branches concerning preventi ve, promotive, curative and rehabilitative services; (d) “AYUSH course” means a course of all branches of AYUSH namely pre -clinical, para-clinical, clinical, para -medical and such other courses, as may be prescribed by the University at degree level or above or diploma; (e) “college” means a college maintained by, or admitted to the pr ivileges, of the University under this Act; (f) “Department” means a unit set up for the purpose of imparting instructions for courses of study in AYUSH or any discipline allied thereto; (g) “employee” means any person appointed by the University and includes teachers and all other staff of the University; (h) “Government” means the Government of the State of Haryana; (i) “Head of Department” means a senior most Facult y membe r/teacher in respective speciality/super-speciality/ subject/ discipline in the Universit y, an institution or an affiliated college; (j) “Homoeopathy” means the Homoeopathic System of medicine founded by Dr. Hahnemann and includes the allied system of Bi o-Chemistry founded by Dr. Schussler; Definitions. HARYANA GOVT. GAZ. (EXTRA.), SEPT. 25, 2017 (ASVN. 2, 1939 SAKA) 410 (k) “hostel” means a unit of residence for the students; (l) “institution” means an academic institution not being a college, maintained by or admitted to the privileges of the University; (m) “prescribed” means prescribed by the Statutes, Ordinances and Regulations made under this Act; (n) “principal’ means the head of a college or institution and includes, when there is no principal, a vice-principal duly appointed as such and in the absence of the pr incipal or the vice-principal, the person for the time being duly appointed to act as the principal; (o) “recognized teacher” means such person as are approved by the University for the purpose of imparting instructions in a college or an institution admit ted to the privileges of the University; (p) “Schedule” means Schedule appended to this Act; (q) “Siddha” means the system of medicine, which is basically therapeutic in nature; (r) “State” means the State of Haryana; (s) “Statutes”, “Ordinances” and “Regulations” mean respectively the Statutes, Ordinances and Regulations of the University made under this Act; (t) “student” means a person enrolled in the University, college or one of its affiliated colleges or institutions for taking a course of study fo r a degree, diploma or other academic distinction duly instituted by the University; (u) “Unani” means the Unani System of Medicine, relating to promotion of health and prevention of diseases; (v) “University” means Shri Krishna AYUSH University Kurukshetr a as incorporated under this Act; (w) “University teacher” means Professor, Associate Professor, Assistant Professor and such other person, as may be appointed for imparting instructions or conducting research in the University or in any college or institution maintained by the University and is designated as teacher by the Ordinances; (x) “Yoga and Naturopathy” means a way of life, founded by Patanjali Rishi and includes natural way of healing by air, light, water and earth. Incorporation. 3. (1) There s hall continue to be a body corporate by the name of Shri Krishna AYUSH University Kurukshetra comprising the Chancellor, the Vice -Chancellor and the Pro Vice-Chancellor of the University and the members of the Court, the Executive Council and the Academic Council and all persons, who may hereafter become or be appointed as such members or officers, so long as they continue to hold such membership or office. (2) The University shall have perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract, and may by the said name sue or be sued. Territorial exercise of powers. 4. (1) The limits of the area within which the University shall exercise its powers shall be such, as the Government may, from time to time, by notification, specify: Provided that different areas may be specified for different faculties. (2) Notwithstanding anything contained in any other State law for the time being in force, any college situated within the limits of the area specified und er 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 notified for different colleges: HARYANA GOVT. GAZ. (EXTRA.), SEPT. 25, 2017 (ASVN. 2, 1939 SAKA) 411 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 students, examinations in accordance with the curricula of study in force in that university for such period, as may be prescribed; (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 of that university for which he qualifies on the result of such examination. (3) The University shall not, itself or through franchise or agency, operate or open any off campus centre and study centre. Explanation.—For the purpose of this sub- section,- (i) “off campus centre” means a centre of the University, by whatever name called, established by it outside the main campus, operated and maintained as its constituent unit, having the University’s complement of facilities, faculty and staff; and (ii) “study centre” means a centre, by whatever name called, established and maintained or recognized by the University for the purpose of advising, counselling or for rendering any other assistance required by the students in the context of distance education. 5. (1) Shri Krishna Government Ayurvedic College Kurukshetra with effect from the commencement of this Act, shall stand transferred to the University. (2) The control and management of all properties and assets pertaining thereto which were in existence at the time of the said transfer , together with any accretions and accessories thereto, shall stand transferred from Government and vest in the University. (3) All properties and assets which were in existence at the time of the said transfer together with any accretions and accessories thereto, pertaining to Shri Krishna Government Ayurvedic College Kurukshetra except land and building belonging to State Drug Pharmacy and State Drug Testing Laboratory, whether acquired or created out of grants from the Government or otherwise and any ca sh balances held by the college on its account, whether in deposit, with any bank or otherwise, shall stand transferred from the college and vest in the University. (4) All rights, powers and privileges, duties, debts, liabilities and obligations of the Government, contractual or otherwise, arising or accrued or incurred in relation to the affairs of any of the college shall stand transferred to the University. (5) Any doubt or difference in regard to whether any asset or liability stands transferred under the foregoing clauses shall be referred to the Government, whose decision thereon shall be final. (6) All references in any will, deed or other documents, whether made or executed before or after the commencement of this Act, which contains any bequest, gift, endowment or trust in favour of Government for the purpose of Shri Krishna Government Ayurvedic College Kurukshetra shall stand transferred to the University. (7) Any student of Shri Krishna Government Ayurvedic College Kurukshetra who immediately prior to the commencement of this Act was studying for any examination of Pandit Bhagwat Dayal Sharma University of Health Sciences, Rohtak shall continue his academic year as a student of that university and be permitted to complete his course in preparat ion thereof and be admitted to the examination. (8) Members of Faculty elected by Pandit Bhagwat Dayal Sharma University of Health Sciences, Rohtak for Central Council of Indian M edicine shall continue till the expiry of their respective term. Transfer of Shri Krishna Govenrnment Ayurvedic College to University. 6. The properties, assets and rights transferred to the University by virtue of section 4 shall continue to be utilized for the purposes for which they were being utilized or were intended to be utilized immediately before the commencement of this Act. Utilization of assets etc. HARYANA GOVT. GAZ. (EXTRA.), SEPT. 25, 2017 (ASVN. 2, 1939 SAKA) 412 Bar on conferring, granting or issuing degrees, diplomas or certificates by unauthorized institutions. 7. (1) Notwithstanding anything contained in this Act or any other State 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 in the specified areas of knowledge assigned to it 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 not exceeding three years or with a fine not exceeding one lac rupees or with both. (3) Where an offence under this section has been committed by an institution, every person, incharge of and responsible to the institution 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 as per the University rules. (4) Notwithstanding a nything contained in sub -section (3), where an offence made under this section has been committed by an institution 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 partner, director, manager, secretary or other officer of the institution, such partner, 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 purpose of this section “institution” means any body corporate and includes a firm or other association of individuals. Powers and functions of University. 8. The University shall exercise the follow ing powers and perform the following functions, 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 the advancement of learning and dissemination of knowledge; (b) to hold examinations and grant such degrees, diplomas and other academic distinctions or titles to persons 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, donations or benefactions from the Government and to receive gifts, donations and transfers of movable or immovable property from transferors, donors, testators, as the case may be; and to create such corpus fund with the donations so received for the welfare of the University; (f) to institute principalship, professorship, associate professors hip, assistant professorship and to create other posts of any description required by the University and to appoint persons to such posts; (g) to co -operate with educational and other institutions in India and abroad having objectives similar to those of the University in such manner, as may be conducive to their common goals; (h) to provide instructions including correspondence and such other courses to such persons, as are not members of the University, as it may determine; (i) to recognize persons for imparting instructions in any college or institution admitted to the privileges of the University; (j) to maintain colleges located within the State imparting AYUSH education; (k) to declare a college, an institution or a department as autonomous college or institution or department, as the case may be; (l) to borrow with the approval of the Government, on the security of the property of the University, money for the purposes of the University; (m) to supervise, control and regulate the residence, condu ct and discipline of the students of the University and of colleges and institutions within the jurisdiction of the University; HARYANA GOVT. GAZ. (EXTRA.), SEPT. 25, 2017 (ASVN. 2, 1939 SAKA) 413 (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 assess the needs of the State and country in terms of subjects, fields of specialization, levels of education and training of manpower both on short and long term basis and to initiate necessary programmes to meet those needs; (p) to organize advanced studies and research programmes based on a deep understanding of the trends in such branches of learning, as the University may think fit; (q) to promote research, design and developmental activities that have a relevance to social needs and the development programmes of the State; (r) to initiate measures to enlist the co -operation of industries and Government employees to provide complementary facilities; (s) to provide for continuous experimentation in impartin g knowledge, organization of training and preparation of text- books and other instructional materials; (t) to arrange for progressive introduction of continuous evaluation and re -orientation of the subjects in educational measurement; (u) to further entrepreneurial ability among its students; (v) to educate the public with regard to the requirement of, and opportunities for the advancement of learning and dissemination of knowledge; (w) to make special arrangements for the education of students and t he students belonging to weaker sections of the society, in particular Scheduled Castes and Scheduled Tribes, as the University may consider desirable; (x) to frame Statutes, Ordinances or Regulations and alter, modify or rescind the same for all or any of the aforesaid purposes; (y) 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. 9. The University shall be open to all irrespective of sex, race, creed, caste or class and no test or condition shall be imposed as to religion, 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 authoritie s of the University involves conditions or obligations opposed to the spirit and objectives of this provision: Provided that nothing contained in this section shall be deemed to prevent the University from making any special provisions in respect of weake r sections of the society and in particular Scheduled Castes and Scheduled Tribes. University open to all races, castes and creeds. 10. 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. Teaching. 11. The following shall be the officers of the University, namely:- (i) the Chancellor; (ii) the Vice-Chancellor; (iii) the Pro Vice-Chancellor; (iv) the Registrar; and (v) such other persons in the service of the University, as may be declared by the Statutes to be Officers of the University. Officers. 12. (1) The Governor of Haryana by virtue of his office shall be the Chancellor of the 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 degrees and meetings of the Court. (4) The Chancellor shall have the right- Chancellor. HARYANA GOVT. GAZ. (EXTRA.), SEPT. 25, 2017 (ASVN. 2, 1939 SAKA) 414 (i) to cause an inspection to be made, by such pers on 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 ca use an inspection or inquiry 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 Universit y, the Chancellor may cause to be made such inspection or inquiry as is referred to in sub-section (4). (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 shal l have the right to be present and to be heard at 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 by it, address the Vice -Chancellor with refere nce 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 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 and the Executive Council shall comply with such directions. (11) Without prejudice to the foregoing provisions of this section, the Chancellor may, by order in writing, annul any proceeding of the University, which in his opinion is not in conformity with this Act, the Statutes or the Ordinances: Provided that before making any such orde r, he shall call upon the University to show cause why such an order should not be made, and if 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 -sections (11) and (12) shall not be called in question in any civil court. (14) Any employee of the Un iversity, 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 o f the Chancellor shall be final. (15) The Chancellor shall have such other powers, as may be prescribed by the Statutes. Vice-Chancellor. 13. (1) The Vice-Chancellor shall be appointed solely on academic considerations. He shall be a distinguished educationist having commitment to the values for which the University stands and abilities to provide leadership to the University by his academic worth, administrative competence and moral stature. (2) The Government shall constitute a selection committee consi sting of one nominee of the Chancellor and two nominees of the Executive Council, which shall prepare a panel of at least three names, in alphabetical order, from which the Chancellor shall appoint the Vice- Chancellor, on the advice of the Government. The terms and conditions of the service of the Vice- Chancellor shall be determined by the Chancellor, on the advice of the Government. (3) The Vice-Chancellor shall hold office for a period of three years which may be renewed for not more than one term: Provided that no person shall be appointed to, or continue in, the office of the Vice-Chancellor, if he has attained the age of sixty-eight years. HARYANA GOVT. GAZ. (EXTRA.), SEPT. 25, 2017 (ASVN. 2, 1939 SAKA) 415 (4) The Chancellor may, on the advice of the 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. (5) 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 of fice of the Vice-Chancellor falls vacant due to de ath or otherwise, the Pro Vi ce-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. (6) The Vi ce-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 University. (7) 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 a 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, it may refer the matter to the Chancellor, whose decision thereon shall be final: Provided further that any 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 represent to the Executive Council within one month from the d ate on which decision on such action is communicated to him and thereupon the Executive Council may confirm, modify or reverse the action taken by the Vice-Chancellor. The employee shall be informed that the action has been taken under emergency powers. (8) The Vice-Chancellor shall exercise such other powers and pe rform such other duties, as may be prescribed by the Statutes or Ordinances. 14. (1) The Pro Vice-Chancellor shall be appointed by the Chancellor on the advice of the Government on such terms and conditions of service, as may be determined by him. He shall not be below the rank of a Professor. (2) The Pro Vice-Chancellor shall hold office for a period of three years which may be renewed for not more than one term: Provided that no person shall be appointed to, or continue in the office of the Pro Vice-Chancellor if he has attained the age of sixty-eight years. (3) The Pro Vice-Chancellor shall exercise such duties, as assigned to him by the Vice-Chancellor. Pro Vice- Chancellor. 15. (1) The Registrar shall be appointed by the Chancellor on the advice of the Government. (2) The Registrar shall be the Chief Administrative Officer of the University. He shall work directly under the superintendence, direction and control of the Vice-Chancellor. Register. 16. The manner of appointment and p owers and duties of other of ficers of the University shall be such, as may be prescribed by the Statutes. Other officers. 17. Notwithstanding anything contained in this Act, the University shall not create any teaching and non-teaching post or revise the pay scale of the teaching and non-teaching employees without obtaining the prior approval of the Government. Creation of teaching and non-teaching posts. HARYANA GOVT. GAZ. (EXTRA.), SEPT. 25, 2017 (ASVN. 2, 1939 SAKA) 416 Authorities. 18. The following shall be the authorities of the University, namely:- (i) the Court; (ii) the Executive Council; (iii) the Academic Council; (iv) the Finance Committee; (v) the Faculties; (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. 19. (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 C ourt shall have the following powers and functions, namely:- (a) to review, from time to time, the broad policies and p rogrammes of the University 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 University 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. Executive Council. 20. (1) The Executive Council shall be the principal executive body of the University. (2) The constitution of the Executive Council, the term of of fice of its members and its powers and duties shall be such, as may be prescribed by the Statutes: Provided that the Pro Vice-Chancellor shall be the ex-officio member of the Executive Council. Academic Council. 21. (1) The Academic Council shall be the principal academic b ody of the University and shall, subject to the provisions of this Act, the Statutes and Ordinances, co-ordinate and exercise general supervision over all academic policies of the University. (2) The constitution of the Academic Council, the term of of fice of its members and its powers and duties shall be such, as may be prescribed by the Statutes: Provided that the Pro Vice-Chancellor shall be the ex-officio member of the Academic Council. Faculties. 22. The constitution and functions of the Faculties shall be such, as may be p rescribed by the Statutes. Finance Committee. 23. The constitution of the Finance Committee, the term of office of its members and its powers and duties shall be such, as may be prescribed by the Statutes: Provided that the Pro Vice-Chancellor shall be the ex-officio member of the Finance Committee. Academic Planning Board. 24. The constitution and functions of the A cademic Planning Board shall be such, as may be prescribed by the Statutes. Statutes and their scope. 25. Subject to the provisions of this Act, the Statutes may 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 the service including, provision for pension or provident fund or insurance schemes for the benefit of the employees of the University; HARYANA GOVT. GAZ. (EXTRA.), SEPT. 25, 2017 (ASVN. 2, 1939 SAKA) 417 (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; (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. 26. (1) On the commencement of this Act, the Statutes of the University shall be those as set out in the Schedule. (2) The Government or the Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes in the man ner hereinafter provided in this section: Provided that the Executive Council shall not make, amend or repeal any Statute, affecting the status, powers or constitution of any authority 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 considered by the Executive Council. (3) The Academic Council may propose to the Executive Council a draft of any Statute relating 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 require the approval of the Chancellor who may approve, disapprove or remit it for further consideration. A Statute pass ed by Government 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 sixty days of its receipt, the Chancellor may, after considering the reas ons, if any, communicated by the Executive Council for its inability to comply with such direction, make, amend or repeal the Statutes suitably. Framing of Statutes. 27. Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:- (a) the admission of students to the University and their enrolment as such; (b) the admission to the examinations, degrees and diplomas of the University and further to make progressively the fee structure s o flexible that the courses could become self-financing to the extent possible; (c) the conditions under which students shall be admitted to the degree or diploma courses and to the examinations of the University and the eligibility for such degrees and diplomas; (d) the fees to be charged for courses of study in the University and for admission to the examinations, degrees and diplomas of the University; and further to make progressively the fee structure so flexible that the courses could become self - financing to the extent possible; (e) the conditions of the award of fellowships, studentships, exhibitions, medals 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; and (h) all other matters which by this Act or the Statutes are to be made or may be provided for by the Ordinances. Ordinances and their scope. HARYANA GOVT. GAZ. (EXTRA.), SEPT. 25, 2017 (ASVN. 2, 1939 SAKA) 418 Framing of Ordinances. 28. (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 examinations to be recognized as equivalent to the University examinations; and (ii) affecting the conditions, mode of appointment or duties of examiners or the conduct or standard of examination or any courses of study, unless the draft of such 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 draf t 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. 29. (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 (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 meetings and of the business to be considered at meetings and for keeping the record of the proceedings of the meetings. Annual report. 30. The annual report of the University giving details of broad programmes, policies and fina nces, 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. 31. (1) The annual accounts and the balance sheet of the University shall be prepared under the directions of the Executive Council and shall be prepared once at least once in every year and at intervals of not more than fifteen months be audited by the Director, Local Audit, Haryana or 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 t he annual accounts alongwith the report of the Director, Local Audit, Haryana or the Auditor shall be submitted to the Court and the Chancellor alongwith the observations of the Executive Council. Any observations made by the Chancellor on the annual accounts shall be brought to the notice of the Court and 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 sub mitted to the Government at the time of its submission to the Chancellor. Conditions of service of officers and teachers. 32. (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 the 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 arbi tration consisting of one member appointed by the Executive Council, one member nominated by the officer or teacher 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 li e in any civil court in respect of the matter decided by the Tribunal. (2) Every such request shall be deemed to be a submission to arbitration within the meaning of the Arbitration and Conciliation Act, 1996 (Central Act 26 of 1996). HARYANA GOVT. GAZ. (EXTRA.), SEPT. 25, 2017 (ASVN. 2, 1939 SAKA) 419 33. (1) The Univers ity shall institute, for the benefit of its officers, teachers and other employees, such pension, provident fund and insurance fund, as it may deem fit. (2) Where any provident fund and insurance fund have been so constituted, the provisions of the Provident Fund Act, 1925 (Central Act 19 of 1925), shall be applicable to it as if it were a Government Provident Fund. Pension, provident fund and insurance fund. 34. 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; or (c) of any defect or irregularity in such act or proceeding, not affecting the merits of case. Vacancy not to invalidate proceedings. 35. 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. Certain desutes to be referred to Chancellor. 36. If any difficulty arises with respect to 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 provisions of this Act, the Government may, at any time, before any authority of the University has been constituted by order, make any 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. Power to remove difficulties. 37. Notwithstanding anything to the contrary contained in the Indian Evidence A ct, 1872 (Central Act 1 of 1872) or in any other law for the time being in force, a copy of any receipt, application, notice, order, proceedings, resolution of any authority or committee of the University or other documents in possession of the 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 and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence. Mode of proof of Unviersity record. 38. No suit or other legal proceedings shall lie against any of ficer or employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or Ordinances. Protection of action taken in good faith. 39. (1) All properties, movable or immovable except land and building belonging to State Drug Pharmacy and State Drug Testing Laboratory and all the interest of whatsoever nature and kind therein, vested in Shri Krishna Government Ayurvedic College Kurukshetra and the courses run thereunder and the posts created, filled before the commencement of this Act, shall vest in the University. (2) All debts, ob ligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by Shri Krishna Government Ayurvedic College Kurukshetra relating to it shall be deemed to have been incurred, entered into, or engaged to be done by, with or for the University. Vesting of properties. HARYANA GOVT. GAZ. (EXTRA.), SEPT. 25, 2017 (ASVN. 2, 1939 SAKA) 420 THE SCHEDULE [see section 2(p) and 26(1)] Powers and duties of Vice- Chancellor. 1. (i) The Vice- Chancellor shall be ex -officio Chairman of the Executive Council, the Academic Council and the Finance Committee and shall, in the absence of the Chancellor, preside over the convocations of the University held for conferring degrees and over the meetings of the Court. The Vice-Chancellor shall be entitled to be present at, and to address, any meeting of any authority or other body of the University, but shall not be entitled to vote thereat, unless he is the member of such authority or body. (ii) It shall be the duty of the Vice -Chancellor to see that the provisions of the Act, the Statutes, the Ordinan ces and the Regulations are duly observed and shall take all necessary steps to ensure such observance. (iii) The Vice- Chancellor shall have the power to convene or cause to be convened meetings of the Court, the Executive Council, the Academic Council an d the Finance Committee and any other authority or body of the University. (iv) The Vice-Chancellor shall exercise general control over the affairs of the University and shall give effect to the decisions of the authorities of the University. (v) The decision of the Vice -Chancellor regarding seniority for nomination to the various authorities or bodies of the University shall be final. Pro Vice- Chancellor. 2. (1) The Pro Vice-Chancellor shall be ex-officio Vice-Chairman of the Executive Council, Academic Council, Finance Committee, Selection Committee, Establishment Committee and the Planning Board and in the absence of the Vice -Chancellor, preside over the meetings of the Executive Council, Academic Council, Finance Committee, Selection Committee, Establ ishment Committee and the Planning Board. (2) It shall be the duty of the Pro Vice -Chancellor to see, in the absence of the Vice-Chancellor, that the provisions of the Act, the Statutes, the Ordinances and the Regulations are duly observed and shall take all necessary steps to ensure such observance. (3) The Pro Vice-Chancellor, in the absence of the Vice -Chancellor, shall have the power to convene or cause to be convened meetings of the Court, Executive Council, Academic Council, Finance Committee, Selection Committee, Establishment Committee, Planning Board
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