LexThe Bhagat Phool Singh Mahila Vishwavidyalaya Khanpur Kalan Act, 2006 (31 of 2006)
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BHAGAT PHOOL SINGH MAHILA VISHWAVIDYALAYA
(Established by the State Legislature Act 31 of 2006)
ACT AND STATUTES
(Amended upto 24.02.2011 )
KHANPUR KALAN (SONIPAT)
HARYANA, INDIA
2
PART-1
HARYANA GOVERNMENT
LEGISLATIVE DEPARTMENT
Notification
The 10th November, 2006
No.Leg.35/2006.-The following Act of the Legislature of the State of
Haryana received the assent of the Governor of on the 30 th October, 2006,
and is hereby published for general information:-
HARYANA ACT No.31 of 2006
BHAGAT PHOOL SINGH MAHILA VISHWAVIDYALAYA
KHANPUR KALAN ACT, 2006
AN
ACT
to establish and incorporate a women university (teaching-cum-affiliating
university) at Khanpur Kalan to facilitate and promote women in the
field of higher education with special emphasis in emerging
areas of Information Technology, Computer Education,
Medical Sciences, Bio-technology, Environmental
Studies, Technology and Management Studies.
and also to achieve excellence in
these and connected fields.
Be it enacted by the Legislature of the State of Haryana in the Fifty-
Seventh Year of the Republic of India as follows:-
1. (1) This Act may be called Bhagat Phool Singh Mahila
Vishwavidyalaya Khanpur Kalan Act, 2006.
(2) It shall come into force at once.
2. In this Act and in all statutes, 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) “employee” means any person appoi nted by the University, and
includes teachers and all other staff of the University;
(c) “Government” means the Government of the State of Haryana;
(d) “Institution” means an academic institution, not being a college,
maintained by, or admitted to the privileges of, the University;
(e) “principal’ means the head of a college, and includes, when there is
not principal, a vice-principal duly appointed as such and in the
absence of the principal or the vice-principal the person for the
time being duly appointed to act as the principal;
(f) “recognized teachers’ mean such persons as are approved by the
University for the purpose of imparting instruction in a college or
an institution admitted to the privileges of the University;
(g) “She” includes “he”.
(h) “Statutes”, “Ordinances” and “Regulations” mean respectively the
Statutes, Ordinances and Regulations of the University made under
this Act;
(i) “University” means the “Bhagat Phool Singh Mahila
Vishwavidyalaya Khanpur Kalan” as incorporated under this Act;
and
(j) “University teachers” mean professors, readers, lecturers and such
other persons as may be appointed for imparting instructions or
conducting research in the University or in any college or
institution maintained by the University and designated as teachers
by the Ordinances.
Short title and
commencement
Definitions
3
Incorporation
Territorial
Exercise of
Powers
3. (1) There shall continue to be a body corporate by the name of
Bhagat Phool Singh Mahila Vishwavidyalaya Khanpur Kalan comprising the
Chancellor and the 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 officers or members, so long as
they continue to hold such office or membership.
(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.
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 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 Un iversity 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:
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 her 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 by the Statutes,
Ordinance 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 of that
University for which she qualifies on the result of
such examination.
5. (1) Notwithstanding anything contained in this Act or any other
law, for the time being in force, no person or institution, other than the
University, shall confer, grant or issue or hold herself or itself out as entitled to
confer, grant or issue any degree, diplom a or certificate in the specified areas
of knowledge assigned to it within the te rritorial jurisdiction of the University
which is identical with or is a colour able 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 ten thousand 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 anything 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
Bar on
conferring,
granting or
issuing
degrees,
diplomas or
certificates by
unauthorized
institutions
4
connivance of, or that th e 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, direct or, 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.
6. The University shall exerci se the following powers and perform the
following functions, namely:-
(a) to provide for res earch and instruction in such branches of
learning as the University may think fit and to take such steps
as it considers necessary for th e 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 gift s, donations and transfers or
movable or immovable property from transferors, donors,
testators, as the case may be; and to create such corpus fund
with the donations so receiv ed for the welfare of the
University;
(f) to institute principalships, professorships, readerships,
lecturerships, 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 impartin g instructions in any college
or institution admitted to the privileges of the University;
(j) to maintain colleges located within the limits of the area
referred to in sub-section (1) of section 4 or, subject to the
provisions of sub-section (2) of that section, admit to its
privileges colleges not maintained by the University but
located within the said area and to withdraw the same;
(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;
Powers and
functions of
University
5
(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 assess the needs of the St ate and country in terms of
subjects, fields of specializa tion, 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 imparting
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
the 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; and
(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.
7. The University shall be open to all women irrespective of race,
creed, caste or class; and no test or condition shall be imposed as to religion,
belief or profession in admitting or ap pointing members, students, teachers,
workers, or in any other connection whatsoever and no benefaction shall be
accepted which in the opinion of the au thorities of the Univ ersity involves
conditions or obligations opposed to the spirit and objectives of this
provision:
University
open to all
races, castes
and creeds.
6
Chancellor
Provided that nothing contained in this section shall be deemed to
prevent the University from making any special provisions in respect of
weaker sections of the society and in particular Scheduled Castes and
Scheduled Tribes.
8. All teaching in the Univers ity shall be conducted by and in the
name of the University, in accordance with the Statutes, Ordinances and
Regulations made in this behalf.
9. The following shall be the officers of the University, namely:-
(i) the Chancellor
(ii) the Vice-Chancellor
(iii) the Registrar; and
(iv) such other persons in the service of the University as
may be declared by the Statutes to be Officers of the
University:
Provided that preference will be given to women in the
appointment of officers and faculty of the University
except in the cases of ex-officio appointees.
10. (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------
(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 w ith the administration of
finances of the University, colleges or institutions.
(5) The Chancellor shall, in ever y case, give notice to the
University of his intention to cause 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
University, 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 shall 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 reference to the result of such inspection or
Teaching
Officers
7
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 ac tion, 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 direc tions 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 are no t in conformity with this Act, the
Statutes or the 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 if
any cause is shown within a reasonable time, he shall consider the same.
(12) The Chancellor may, at any ti me 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 (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 th e Vice-Chancellor in respect of any
disciplinary action taken against him, may address a memorial to the
Chancellor in such manner as may be pr escribed by statutes and the decision
of the Chancellor shall be final.
(15) The Chancellor shall have such other powers as may be
prescribed by the Statutes.
11. (1) The 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 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
service of the Vice-Chancellor, shall be determined by the Chancellor, on the
advice of the Government.
(1A)
1The 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 Univ ersity by his academic worth, administrative
competence and moral statute.
___________________________
1Added by Haryana Act No. 20 of 2008
Vice-
Chancellor
8
(2) 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 she is found on such inquiry, to
be a person patently unfit to be continued in such office.
(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 she has attained the age of
2sixty-eight
years.
(4) 1If the Vice-Chancellor is unable to perform her duties owing
to her temporary incapacity on account of illness or any other reason or the
office of the Vice-Chancello r falls vacant due to deat h or otherwise, the Pro
Vice-Chancellor shall perform the duties of the Vice-Chancellor until the
existing Vice-Chancellor is able to resume her 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.
(5) The Vice-Chancellor shall be the principal executive an
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
(6) The Vice- Chancellor may, if she 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-Cha ncellor 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 date on which decision on such action is
communicated to him and thereupon th e 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.
(7) Th e Vice-Chancellor shall exercise such other powers and
perform such other duties as may be prescribed by the Statutes or
Ordinances.
____________________________
1Amended by Haryana Act No. 15 of 2008
2Amended by 21 st E.C. Reso. No.27 dated:17/06/10 and the assent of Governor Chancellor
received on 12/05/10 .
9
Registrar
Other officers
Creation of
teaching and
non-teaching
posts.
11-A (1) 1The 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. She 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 she has attained the age of sixty eight
years.
(3) The Pro Vice-Chancellor shall exercise such duties as are
assigned to her by the Vice-Chancellor.
12. (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. She shall work directly under the superintendence, direction
and control of the Vice-Chancellor.
13. The manner of appointment and powers and duties of other
officers of the University shall be such as may be prescribed by the Statutes.
14. Notwithstanding anything contained in this Act, the University
shall not create any teaching and non-teac hing post or revise the pay scale of
the teaching and non-teaching employees without obtaining the prior approval
of the Government.
15. 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:
Provided that all members of the above authorities shall
be women except in cases of ex-officio members.
16. (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:-
___________________
1Added by Haryana Act No. 15 of 2008
2Amended by 21 st E.C. Reso. No.27 dated:17/06/10 and the assent of Governor Chancellor
received on 12/05/10 .
Pro Vice-
Chancellor
Authorities
Court
10
Faculties
Finance
Committee
Academic
Planning
Board
(a) to review, from time to time, the broad policies and
programmes 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.
17. (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 such as may be
prescribed by the Statutes.
1Provided that the Pro Vice-Chan cellor shall be the ex-officio
member of the Executive Council
18. (1) The Academic Council shall be the principal academic
body 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.
2Provided that the Pro Vice-Chan cellor shall be the ex-officio
member of the Academic Council
(2) The constitution of the Academic Council, the term of
office of its members and its powers and duties shall be such as may be
prescribed by the Statutes.
19. The constitution and functions of the Faculties shall be such as
may be prescribed by the Statutes.
20. 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.
3Provided that the Pr o Vice-Chancellor shall be the ex-officio
member of the Finance Committee.
21. The constitution and functions of the Academic Planning Board
shall be such as may be prescribed by the Statutes.
______________________________
1 Amended by Haryana Act No.15 of 2008
2 Amended by Haryana Act No.15 of 2008
3 Amended by Haryana Act No.15 of 2008
Executive
Council
Academic
Council
11
Statutes and
their scope
Framing of
Statutes
22. 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, powers and duties of
the teachers and the officers 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 the same;
(i) the delegation of powers vested in the authorities or officers
of the University; and
(j) all matters which by this Act, are to be or may be provided
for, by the Statutes.
23. (1) on the commencement of this Act, the Statutes of the
University shall be those as set out in the Schedule:
Provided that the authorities of the University constituted under
the Statutes framed before the commen cement of this Act shall continue to
exercise all the powers and perform all the functions under this Act till such
authorities and constituted in terms of the Statutes set out in the Schedule
referred to above.
(2) The Gove rnment or the Executive Council may, from time to
time, make new or additional statutes or may amend or repeal the statutes in
the manner hereinafter provided in this section:
Provided th at 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 or
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 additi on to the Statute or any
12
Framing of
ordinances
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
passed by the Government or the Executive Council shall have no validity
until it has been assented to by the Chancellor.
(5) Notwithstanding anything contained in the forgoing sub-
sections, the Chancellor, either suo motu or on the advice of the government,
may direct the Executive Council, to ma ke, 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 sixt y 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 repeal
the Statutes suitably.
24. 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 admi ssion 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 so flexible that th e 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 cour ses of study in 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.
25. (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
Ordinances and
their scope
13
Regulations
Annual report
(ii) affecting the conditions, mode of appointment or duties of
examiners or the conduct or st andard of examination 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 under sub-section(1) along with its suggestions:
Provided that the Ex ecutive 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 dir ect and every Ordinance made shall be
communicated, as soon as may be, to the Chancellor.
26. (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 Ordinance 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 the keeping
of a record of the proceedings of the meetings.
27. The annual report of the University giving details of broad
programmes, policies and finances, amendments of Statutes and Ordinance
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 an d the Court shall consider the report in
its annual meeting.
28. (1) The annual account 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 fifteen months be audited
by the Director, Local Audit, Haryan a or any other auditor that may be
appointed by the Government. The annual accounts when audited shall be
published in the Haryana Gazette and a copy of the annual accounts along with
the report of the Director, Local audit, Haryana or the audit shall be submitted
to the Court and the Chancellor along with the observations of the Executive
Council. Any observations made by the Chancellor on th e annual accounts
shall be brought to the notice of the Court and observations of the Court, if
any, after being considered by the Executive Council, be submitted to the
Chancellor.
(2) The annual ac counts and the balance sheet of the University
shall also be submitted to the Government at the time of its submission to the
Chancellor.
Annual
accounts
14
Certain
disputes to be
referred to
Chancellor
Powers to
remove
difficulties
Mode of proof
of University
record.
29. (1) Every salaried officer and teacher, except the Vice-Chancellor,
shall be appointed under a 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 reques t of the teacher or officer concerned or
at the instance of the Un iversity, be referred to a Tribunal of arbitration
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 lie 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
(Act 26 of 1996).
30. (1) The University shall institute, for the benefit of its officers,
teachers and other employees, such pe nsion, 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 (Act 19 of 1925),
shall be applicable to it as if it were a Government Provident Fund.
31. 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 the case.
32. 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 find.
33. 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 an y 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 it such appointment or action had been made or taken in
the manner provided in this Act.
34. Notwithstanding anything to the contrary contained in the Indian
Evidence Act, 1872 (1 of 1872), or in any other law for the time being in
force, a copy of any receipt, applicatio n, 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 Regist rar, shall be received as evidence of
Conditions of
service of
officers and
teachers
Pension
provident fund
and insurance
fund.
Vacancy not to
invalidate
proceedings
15
Protection of
action taken in
good faith
Vesting of
properties
Repeal and
saving
such receipt, application, notice, orde r, proceedings, resolution, document or
the existence of entry in th e 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.
35. 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 pursuance of any of the provisions of this Act, the
Statutes or Ordinances.
36. (1) All properties, movable or immovable and all the interest of
whatsoever nature and kind therein, vested in the institutions of Mahasabha
Gurukul Vidyapeeth Haryana, Bhainswal Kalan and Kany Gurukul, Khanpur
Kalan and the courses run thereunder a nd the posts created, filled before the
commencement of this Act, shall vest in the University.
(2) All debts, obligations and liabilities incurred, all contracts
entered into and all matters and things engaged to be done by the Mahazabha
Gurukul Vidyapeeth Haryana, Bhainswal Kalan and Kanya Gurukul, Khanpur
Kalan relating to its institutions shall be deemed to have been incurred, entered
into, or engaged to be done by, with or for the University.
37. (1) Bhagat Phool singh Mah ila Vishwavidyalaya Khanpur Kalan
Ordinance, 2006 (Haryana Ordinance No.4 of 2006), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
taken under the said Ordinance shall be deemed to have been done or taken
under this Act.
16
THE SCHEDULE
(Statutes of Bhagat Phool Singh Mahila Vishwavidyalaya Khanpur Kalan)
[see section 23 (1)]
1. (i) The Vice-Chancellor sha ll 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 she
is a 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 Ordinances 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 and th e 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.
1A. (i)
1The Pro Vice-Chancellor shall exercise such duties as are
assigned to her by the Vice-Chancellor.
2. (i) The Registrar shaExcerpt shown. Open the full act in Lexace.