LexThe Maharishi Balmiki Sanskrit University, Kaithal Act, 2018 (20 of 2018)
Haryana · state statute
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Haryana Government Gazette
EXTRAORDINARY
Published by Authority
© Govt. of Haryana
No. 78-2018/Ext. ] CHANDIGARH, WEDNESDAY, MAY 9, 2018
(VAISAKHA 19, 1940 SAKA )
LEGISLATIVE SUPPLEMENT
CONTENTS PAGES
PART-I ACTS
MAHARISHI BALMIKI SANSKRIT UNIVERSITY, KAITHAL ACT, 2018
(HARYANA ACT NO. 20 OF 2018).
143&166
PART-II ORDINANCES
NIL
PART-III DELEGATED LEGISLATION
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PART-IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS
Corrigendum of Leg.20/2017 dated 14.06.2017 of the Haryana State University of
Horticultural Sciences, Karnal (Amendment) Act, 2017 (Haryana Act No.20 of 2017).
21
HARYANA GOVT. GAZ. (EXTRA.), MAY. 9, 2018 (VYSK. 19, 1940 SAKA) 143
PART - I
HARYANA GOVERNMENT
LAW AND LEGISLATIVE DEPARTMENT
Notification
The 9th May, 2018
No. Leg. 23/2018.— The following Act of the Legislature of the State of Haryana
received the assent of the Governor of Haryana on the 27th March, 2018 and is hereby published
for general information:-
HARYANA ACT NO. 20 OF 2018
MAHARISHI BALMIKI SANSKRIT UNIVERSITY,
KAITHAL ACT, 2018
AN
ACT
to establish and incorporate a teaching-cum-affiliating University at
Kaithal to facilitate and promote higher education with special
emphasis in Sanskrit Literature, Vedas, Philosophy, Indian
Culture and Indic Languages and also to achieve
excellence in these and connected fields.
Be it enacted by the Legislature of the State of Haryana in the Sixty -ninth Year of the
Republic of India as follows:-
1. (1) This Act may be called Maharishi Balmiki Sanskrit University, Kaithal Act, 2018.
(2) It shall come into force on such date as the Government may, by notification in the
Official Gazette, appoint.
Short title and
commencement.
2. In this Act and in all Statues, Ordinances and Regulations made thereunder, unless the
context otherwise requires,-
(a) “college” means a college maintained by, affiliated by or admitted to the
privileges of, the University under this Act;
(b) “employee means any person appointed 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 privilege of the University;
(e) “Indic language” means the language from different parts of India such as
Dravidian etc.;
(f) “principal” means the head of a college, and includes, when there is no 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;
(g) “recognised teachers” mean such persons as are approved by the University for
the purpose of imparting instruction i n a college or an institution admitted to the
privileges of the University;
(h) “Statutes”, “Ordinances” and “Regulations” mean respectively the Statutes,
Ordinances and Regulations of the University made under this Act;
(i) “University” means Maharishi Balmiki Sanskrit University, Kaithal as
incorporated under this Act; and
Definitions.
144 HARYANA GOVT. GAZ. (EXTRA.), MAY. 9, 2018 (VYSK. 19, 1940 SAKA)
(j) “University teachers” mean professors, associate professor, assistant professor 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 are designated as teachers by the Ordinances.
Incorporation. 3. (1) There shall continue to be a body corporate by the name of Maharishi Balmiki
Sanskrit University, Kaithal comprising of 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 member s, 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.
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.
(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
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 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.
Bar on conferring,
granting or issuing
degrees, diplomas
or certificates by
unauthorized
institutions.
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, issue or hold himself
or itself out as entitled to confer, grant or issue any degree, diploma or certificate in the specified
areas of k nowledge 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 an offence.
(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 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.
HARYANA GOVT. GAZ. (EXTRA.), MAY. 9, 2018 (VYSK. 19, 1940 SAKA) 145
6. The University shall exercise the following powers and perform the following functions,
namely:-
(a) to p rovide 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 p ersons in the
manner laid down in the Statutes;
(d) to institute prizes, medals, research studentships, exhibitions and fellowships;
(e) to receive g ifts, donations or benefactions from the G overnment 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 p rofessorship, 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 p rovide instructions, including correspondence and such other courses to
such persons, as are not members of the University, as it may determine;
(i) to recognize p ersons for imparting instructions in any college or institution
admitted to the privileges of the University;
(j) to maintain colleges located within the lim its 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 borrow money with the approval of the Government, on the security of the
property of the University, for the purposes of the University;
(l) 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;
(m) to deal with any p roperty b elonging to or vested in the University, in such
manner, as the University may deem fit for advancing the objects of the
University;
(n) 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;
(o) 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;
(p) to promote training research, design and developmental activities that h ave a
relevance to social needs and the development programmes of the State;
(q) to initiate measures to enlist the co-operation of industries and Government
employees to provide complementary facilities;
(r) to provide for continuous experimentation in imparting knowledge, organization
of training and preparation of text- books and other instructional materials;
(s) to arrange for progressive introduction of continuous evaluation and re-orientation
of the subjects in educational measurement;
(t) to further entrepreneurial ability among its students;
Powers and functions
of University.
146 HARYANA GOVT. GAZ. (EXTRA.), MAY. 9, 2018 (VYSK. 19, 1940 SAKA)
(u) to educate the public with regard to the requirement of, and opportunities for the
advancement of learning and dissemination of knowledge;
(v) to make special arrangements for the education of students and the students
belonging to such w eaker sections of the society, in p articular Scheduled Castes
and Scheduled Tribes, as the University may consider desirable;
(w) to frame Statutes, Ordinances or Regulations and alter, modify or rescind the same
for all or any of the aforesaid purposes;
(x) 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, castes and
creeds.
7. 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 authorities of the University involves conditions
or obligations opposed to the spirit and objectives of this provisions:
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.
Teaching of
University.
8. All teaching and training in the University shall be conducted in Sanskrit language and in
the name of the University, in accordance with the Statutes, Ordinances and Regulations made in
this behalf.
Officers of
University.
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.
Chancellor. 10. (1) The Governor of Haryana by virtue of his office shall be the Ch ancellor 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 d one 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 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 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.
HARYANA GOVT. GAZ. (EXTRA.), MAY. 9, 2018 (VYSK. 19, 1940 SAKA) 147
(9) The Executive C ouncil shall communicate through the Vi ce-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, the Ordinances or the Regulations:
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 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 University, who is aggrieved by the d ecision of the
Executive Council or the Vice-Chancellor in respect of any d isciplinary 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 powers, as may be prescribed by the Statutes.
11. (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 p rovide leadership to the University by his academic worth, administrative
competence and moral stature and preferably an eminent Sanskrit scholar devoted to deliver for the
cause of upliftment of Sanskrit language and literature.
(2) 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 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.
(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 d eath, resignation or otherwise, the Chancellor may make arrangements for the
performance of 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:
Provided that where the arrangement is made on account of death resignation or
otherwise, the period shall not exceed six months and regular appointment shall be made within
this period.
(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.
Vice-Chancellor.
148 HARYANA GOVT. GAZ. (EXTRA.), MAY. 9, 2018 (VYSK. 19, 1940 SAKA)
(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 po wers 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 perform such other duties,
as may be prescribed by the Statutes or Ordinances.
Registrar. 12. (1) The Registrar preferably an eminent Sanskrit scholar devoted to deliver for the
cause of upliftment of Sanskrit language and literature shall be appointed by the Chancellor on
the advice of the Government. The terms and conditions of service of Registrar shall be determined
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.
Appointment of
first Vice-
Chancellor and
first Registrar.
13. Notwithstanding anything contained in this Act, the first Vice-Chancellor and the first Registrar
shall be appointed by the Chancellor on the advice of the Government for such period not exceeding
three years, as deemed appropriate by the Government.
Other officers. 14. 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.
Creation of
teaching and non-
teaching posts.
15. 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.
Authorities of
Univesity.
16. 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. 17. (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 p rogrammes of the
University and to suggest measures for the improvement and development
of the University;
HARYANA GOVT. GAZ. (EXTRA.), MAY. 9, 2018 (VYSK. 19, 1940 SAKA) 149
(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.
18. (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.
Executive Council.
19. (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 office of its members and
its powers and duties shall be such, as may be prescribed by the Statutes.
Acadmic Council.
20. The constitution and functions of the Faculties shall be such, as may be prescribed by the
Statutes.
Faculties.
21. 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.
Finance Committee.
22. The constitution and functions of the Academic Planning Board shall be such, as may be
prescribed by the Statutes.
Academic Planning
Board.
23. Subject to the provisions of this Act, the Statutes may provide f or 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;
(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 o t he r matters which by this Act, are to be or may be provided for, by the
Statutes.
Status and their
scope.
24. (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 commencement of this Act shall continue to exercise all the powers and perform all the
functions under this Act till such authorities are constituted i n terms of the Statutes set out in the
Scheduled referred to above.
Statutes how made.
150 HARYANA GOVT. GAZ. (EXTRA.), MAY. 9, 2018 (VYSK. 19, 1940 SAKA)
(2) The Government of 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 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 passed by 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 reasons, if any, communicated by the Executive Council for its inability to
comply with such direction, make, amend or repeal the Statutes suitably.
Ordinances and
their scope.
25. 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) for admission to the examinations, d egrees 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;
(c) the conditions under which students shall be admitted to the d egree, diploma or
other courses and to the examinations of the University and the eligibility for such
degrees, diplomas and certificates;
(d) the fees to be charged for courses of study in the University and for admission to
the examinations, degrees, diplomas and other courses 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.
Ordinance how
made.
26. (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 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.
HARYANA GOVT. GAZ. (EXTRA.), MAY. 9, 2018 (VYSK. 19, 1940 SAKA) 151
(3) All Ordinances made by the Executive Council shall have effect from such date, as
it may direct a nd every Ordinance made shall be communicated, as soon as may be, to the
Chancellor.
27. (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.
Regulations.
28. The annual report of the University g iving details of broad p rogrammes, policies and
finances, amendments of Statutes and Ordinances made d uring 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 report.
29. (1) The annual accounts and the balance sheet of the University shall be prepared
under the directions of the Executive Council and shall 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 pu blished in the Haryana Government Gazette and a copy of the 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 C ouncil. 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
submitted to the Government at the time of its submission to the Chancellor.
Annual accounts.
30. (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 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, 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 (Central Act 26 of 1996).
Condition of service
of officers and
teachers.
31. (1) The University 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.
32. 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.
152 HARYANA GOVT. GAZ. (EXTRA.), MAY. 9, 2018 (VYSK. 19, 1940 SAKA)
Certain disputes to
be referred to
Chancellor.
33. 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.
34. 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.
Protection of action
taken in good faith.
35. 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.
HARYANA GOVT. GAZ. (EXTRA.), MAY. 9, 2018 (VYSK. 19, 1940 SAKA) 153
THE SCHEDULE
(Statutes of Maharishi Balmiki Sanskrit University, Kaithal)
(see section 24)
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 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 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.
Powers and duties
of Vice-
Chancellor.
2. (i) The Registrar shall be ex -officio Secretary of the Executive Council and Faculties
but shall not be deemed to be a member of any of these authorities and shall be
ex-officio Member-Secretary of the Court and the Academic Council.
(ii) When the office of the Registrar is vacant or when the Registrar is by reason
of illness or any other cause is unable to perform the duties of the office, the duties
of the office shal l be performed by such person, as the Vice -Chancellor may
appoint temporarily for the purpose till the regular appointment is made by the
Chancellor on the advice of the Government:
Provided that where the temporary arrangement is made against the vaca ncy,
the period for such temporary arrangement shall not exceed six months and the
Registrar shall be appointed within this period.
(iii) It shall be the duty of the Registrar-
(a) to be the custodian of the records, common seal and such other property of
the University, as the Vice-Chancellor shall commit to his charge;
(b) to issue all notices convening meetings of the Court, the Executive Council,
the Academic Council, the Faculties and of any committee appointed by any
authority of the University;
(c) to keep the minutes of all meetings of the Court, the Executive Council, the
Academic Council, the Faculties and any committee appointed by the
authorities of the University;
(d) to conduct the official correspondence of the Court, the Executive Council,
the Academic Council and the Faculties;
(e) to supply to the Chancellor, copies of the agenda, the minutes of the
meetings of the authorities of the University, as soon as they are issued;
(f) to perform such other duties, as may from time to time be assigned to him
the by Vice-Chancellor.
(iv) The Registrar shall have power to administer warning or to impose the penalty of
censure or withholding of increments upon such of the employee, excluding
teachers of the University and the academic staff, as may be specified in the orders
of the Executive Council and to suspend them pending enquiry:
Provided that no such penalty shall be imposed unless the person
concervned has been given a reasonable opportunity of showing cause against the
action proposed to be taken against him.
Registrar.
154 HARYANA GOVT. GAZ. (EXTRA.), MAY. 9, 2018 (VYSK. 19, 1940 SAKA)
(v) An appeal shall lie to the Vic e-Chancellor against any order of the Registrar imposing
any of the penalties specified in clause (iv).
(vi) In case the inquiry discloses that a punishment beyond the powers of the
Registrar is called for, the Registrar shall, upon conclusion of the inquiry make a
report to the Vice-Chancellor alongwith his recommendations:
Provided that an appeal shall lie to the Executive Council against an order
of the Vice-Chancellor imposing any penalty.
(vii) The Registrar shall be the authorized officer to enter into agreements, sign
documents and authenticate records on behalf of the University and shall act in
such capacity when the appropriate authority of the University has taken a
decision in the matter. The Registrar shall also exercise such other powers and
perform such other duties, as may be prescribed by Statutes or the Ordinances.
Other officers. 3. The following persons in the service of the University are also d eclared to be the
officers of the University, namely:-
(a) Proctor;
(b) Chief Warden;
(c) Dean of Students’ Welfare, if any;
(d) Dean, Academic Affairs;
(e) Dean of Colleges;
(f) Librarian;
(g) Controller of Examination;
(h) Finance Officer.
Appointment of
other officers.
4. The Proctor, the Chief Warden, the Dean of Students’ Welfare, Dean Academic Affairs
shall be appointed by the Executive Council on the recommendations of the Vice-Chancellor
from amongst the teachers of the University, who shall not be below the rank of Professor, on
such terms and conditions, as the Vice-Chancellor may recommend to the Executive Council:
Provided that the term of Dean, Academic Affairs shall be two years extendable by
another one year, if deemed proper, by the Executive Council, on the recommendations of the
Vice-Chancellor.
Dean of Colleges. 5. The Dean of Colleges, if any, shall be a whole-time salaried officer of the University
and shall be appointed by the Executive Council, on the recommendations of the Vice-
Chancellor, on such terms and conditions, as may be p rescribed by the Statutes. He shall
discharge such duties, as may be assigned to him by the Vice-Chancellor, from time to time.
Finance Officer. 6. (1) The Finance Officer shall be a whole -time salaried officer of the University and
shall be appointed by the Executive Council on the recommendations of the Selection
Committee, on such terms and conditions, as may be prescribed by the Statutes.
(2) The Finance Officer shall be ex -officio Secretary of the Finance Committee but
shall not be deemed to be a member of such Committee.
(3) When the office of the Finance Officer is vacant or when the Finance Officer is
by reason of illness or any other cause is unable to perform the duties of his office, the duties of
the officer shall be perf ormed by such person, as the Vice -Chancellor may appoint for the
purpose.
(4) The Finance Officer shall-
(a) exercise general supervision over the funds of the University and shall
advise it as regards its financial policy; and
(b) perform such other functions, as may be assigned to him by the Executive
Council or as may be prescribed by the Statutes.
(5) Subject to the control of the Executive Council, the Finance Officer shall-
(a) hold and manage the property and investments of the University incl uding
trust and endowed property;
(b) ensure that the limits fixed by the Finance Committee for recurring
and non -recurring expenditure for a year are not exceeded and that all
moneys are expended on the purpose, for which they are granted or
allotted;
HARYANA GOVT. GAZ. (EXTRA.), MAY. 9, 2018 (VYSK. 19, 1940 SAKA) 155
(c) be responsible for the preparation of annual accounts and the budget of the
University and for their presentation to the Executive Council;
(d) keep a constant watch on the state of the cash and bank balances and on the
state of investments;
(e) watch the progress of the collection of revenue and advise on the method of
collection to be employed;
(f) ensure that the registers of buildings, land, furniture and equipment are
maintained up -to-date and that stock checking of equipment and other
connected materials in all offices, special centres, specialized laboratories,
colleges and institutions maintained by the University is conducted;
(g) bring to the notice of the Vice-Chancellor any unauthorized expenditure
and other financial irre gularities and suggest action to be taken against the
person responsible for it;
(h) call for from any officer, centre, laboratory, collegeExcerpt shown. Open the full act in Lexace.