The Maharshi Dayanand University Act, 1975 (25 of 1975)
Haryana · state statute
Open in Lexace · Ask the AI about this actUNIVERSITY CALENDAR Volume - I Act & Statutes (as amended upto September, 2012) MAHARSHI DAYANAND UNIVERSITY Rohtak-124 001, Haryana (India) M.D. University, Rohtak CALENDAR Volume-I 2012 (The Act & Statutes) (as amended upto September , 2012) ROHTAK-124001 (Haryana-India) Published by : Dr. S.P . V ats Registrar, Maharshi Dayanand University, Rohtak Published in : September , 2012 Printed at : M.D. University Press, Rohtak. FOREWORD This is a glorious moment for me to write this foreward for the latest and updated volume I of University Calendar. It goes without saying that being an established institution each and every activity of the University is governed by the written rules and regulations which have been framed over a long passage of time. These leave little scope for tilting of the rules and therefore bind the acts in a positive framework. As norms and values go hand in hand and in fact are interwoven these have been incorporated in the present volume in an appropriate shape. It contains guidelines of functioning for its statutory functionaries and provides a glimpse to all those interested in learning the functioning pattern of the University. It also acts as a Bible for all University officials who are guided by it while taking decisons and acting in the ultimate interest of our studentship. It is our Academic Branch which is mainly instrumental in framing such vital documents and then comes our Press in picture in giving black and white shape to these in bound and usable form. Both have done tremendous job. While all efforts have been made to ensure that no error finds place in this; nevertheless in case any such thing is noticed or brought to the notice by any well- wisher the same shall be instantly rectified. Rohtak Sept., 2012 (S.P. V ats) Registrar 1THE 2[MAHARSHI DAYANAND UNIVERSITY] ACT, 1975 (Haryana Act No. 25 of 1975) (Received the assent of the Governor of Haryana on the 21st August, 1975, and first published for general information in the Haryana Government Ga- zette (Extraordinary), Legislative Supplement Part 1 of 25th August, 1975) 1 2 3 4 Year No. Short title Whether repealed of other wise affected by legislation. 1975 25 The 3[Maharshi Amended by Haryana Dayanand Uni- Act 5 of 19774. versity] Act 1975 Amended by Haryana Act 17 of 19775. Amended by Haryana Act 40 of 19806. Amended by Haryana Act 18 of 19817. Amended by Haryana Act 8 of 19838. Amended by Haryana Act 2 of 19849. Amended by Haryana Act 1 of 198610. Amended by Haryana Act 5 of 199211. Amended by Haryana Act 12 of 199412. Amended by Haryana Act 10 of 199413. Amended by Haryana Act 2 of 199714. Amended by Haryana Act No. 7 of 200315. Amended by Haryana Act No. 17 of 200816. Amended by Haryana Act No. 23 of 200817. 1. For Statement of Objects and Reasons, See Haryana Government Gazette (Extraordinary) dated the 14th January, 1975. page 1015. 2. Substituted for the words “Rohtak University” by Haryana Act 17 of 1977. 3. Substituted for the words “Rohtak University” by Haryana Act 17 of 1977. 4. For Statement of Objects and Reasons, See Haryana Government Gazette (Extraordinary) dated the 25th March 1977. page 502. 5. For Statement of Objects and Reasons, See Haryana Government Gazette (Extraordinary) dated the 3rd July, 1977. page 1180. 6. For Statement of Objects and Reasons, See Haryana Government Gazette (Extraordinary) dated the 2nd December , 1980. page 2152. 7. For Statement of Objects and Reasons, See Haryana Government Gazette (Extraordinary) dated the 21st September, 1981. page 1396. 8. For Statement of Objects and Reasons, See Haryana Government Gazette (Extraordinary) dated the 21st March, 1983. page 332. 9. For Statement of Objects and Reasons, See Haryana Government Gazette (Extraordinary) dated the 3rd September, 1984. page 1460. 10. For Statement of Objects and Reasons, See Haryana Government Gazette (Extraordinary) dated the 19th February, 1986. page 220. 11. For Statement of Objects and Reasons, See Haryana Government Gazette (Extraordinary) dated the 7th January, 1992. 12. For Statement of Objects and Reasons, See Haryana Government Gazette (Extraordinary) dated the 30th June , 1994. 13. For Statement of Objects and Reasons, See Haryana Government Gazette (Extraordinary) dated the 8th April , 1997. 14. For Statement of Objects and Reasons, See Haryana Government Gazette (Extraordinary) dated the 6th January, 1998. 15. For Statement of Objects and Reasons, See Haryana Government Gazette (Extraordinary) dated the 2nd April , 2003. 16. For Statement of Objects and Reasons, See Haryana Government Gazette (Extraordinary) dated the 25th April , 2008. 17. For Statement of Objects and Reasons, See Haryana Government Gazette (Extraordinary) dated the 6th May, 2008. 2 MAHARSHI DAY ANAND UNIVERSITY, ROHTAK AN ACT to establish and incorporate a 1[teaching-cum- affiliating University] at Rohtak for the encouragement of Inter- disciplinary higher education and research with special emphasis on studies of Life Sciences and Environmental and Ecological Sciences. Be it enacted by the Legislature of the State Haryana in the Twenty-sixth year of the Republic of India, as follows :- Short title and 1. (1) This Act may be called the 2 [Maharshi Commencement Dayanand University] Act, 1975. (2) It shall come into force on such date as the State Government may , by notification,* appoint. Definitions 3[2 In this Act and in all 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) “employees” means any person appointed by the University, and includes teachers and other staff of the University; (c) "Government" means the Government of the State of Haryana; (d) “hall” means a unit of residence or of corporate life for the students of the University , college or institute provided, maintained or recognised by the University; (e) “institution” means an academic institution, not being a college, maintained by, or admitted to the privileges of the University; 1. Substituted for the words "unitary teaching and residential University" by Haryana Act 8 of 1983. 2. Substituted for the words "Rohtak University" by Haryana Act 17 of 1977. *appoints the 19th day of April, 1976 as the date on which the said Act shall come into force, vide Haryana Government, Education Department, notification No. S.O. 65/H.A. 25/75/S.I.76, dated the 19th April, 1976. 3. Substituted for the words "Rohtak University" by Haryana Act 17 of 1977. THE ACT 3 (f) “principal” means the head of a college, and includes, when there is no principal, the person for the time being duly appointed to act as principal and, in the absence of the principal or acting principal, a vice-principal duly appointed as such; (g) “recognised teachers’ means such persons as are recognised by the University for the purpose of imparting instructions in a college or an institution admitted to the privileges of the University . (h) “statutes”, “ordinances” and “regulations” means respectively the statutes, ordinances and regulations of the University made under this Act; (i) “teachers of the University” means professors, [assoc. professor, asstt. professor]2 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; and (j) “University” means the 1[Maharshi Dayanand University ,] as incorporated under this Act. Incorporation 3. (1) The first Chancellor and the first Vice- Chancellor of the University who shall be persons appointed in this behalf by the Government by notification and the first members of the Court, the Executive Council and the Academic Council and all persons who may hereafter become or be appointed as such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of the “1[Maharshi Dayanand University]”. 1. Substituted by Haryana Act 8 of 1983 and in the original sub-section(f) of section 2 the words "Rohtak University" were substituted by Maharshi Dayanand University vide Haryana Act 17 of 1977. 2. Substituted in clause (i) of Section 2 by Haryana Act No. 11 of 2012. 4 MAHARSHI DAY ANAND UNIVERSITY, ROHTAK (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 1[4 (1) The limits of the area within which the of Power University shall exercise its powers shall be such as the State Government may, from time to time, by notification, specify : Provided that different areas may be specified for different 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 University and shall cease to be associated in any way with or be admitted to any privileges of any other University, and different dates may be appointed for different colleges : Provided that :- (i) any student of any college associated with, or admitted to, the other University before the said date, who was studying for any degree or diploma examination of that University shall be permitted to complete his course in preparation thereof and the University shall hold for such student examinations in accordance with the curricula of study in force in that University for such period as may be prescribed by the statutes, ordinances or regulations; 1. Sub-section LA was inserted by Haryana Act 5 of 1977 and sub-section IB was inserted by Haryana Act 13 of 1981 and further section 4 substituted by Haryana Act 8 of 1983. THE ACT 5 (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 qualified on the result of such examination.] Bar of conferring, granting or issuing degrees, diplomas or certificates by un- authorised institutions : 1 4.A 1[(1) Notwithstanding anything contained in this Act or in any other law, for the time being in force, no person or institution other than the University , shall confer, grant or issue or hold himself or itself out as entitled to confer, grant or issue any degree, diploma or certificate within the territorial juris- diction of the University , which is identical with or is a colourable imitation of any degree, diploma or certificate conferred, granted or issued by the University . (2) Contravention of the provisions of sub- section (1) shall be a cognizable offence punishable with imprisonment upto two years or fine upto two thousand rupees or both. (3) Where an offence under this section has been committed by a company, the company as well as every person incharge of, and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly . Provided that, nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his 1. Substituted by Haryana Act No. 8 of 1983. 6 MAHARSHI DAY ANAND UNIVERSITY, ROHTAK knowledge or that he exercised all due diligence to prevent the commission of such offence. (4) Notwithstanding anything contained in sub- section (3), where an offence under this section has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly . Explanation-For the purposes of this section :- ( a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director” in relation to a firm is a partner in the firm Powers of 5. The University shall exercise the following powers University and perform the following duties, 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; THE ACT 7 (e) to receive gifts, donations or benefactions from the Government and to receive gifts, donations and transfers of moveable or immoveable property from transferrers, donors, testers as the case may be; 1[( f ) to institute principalships, professorships, assoc. professor- ships, asstt. professorship, and other teaching or academic posts 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 objects similar to those of the University in such manner as may be conducive to their common objects; (h) to provide instruction, including correspondence and such other courses, to such persons as are not members of the University , as it may determine; (i) to recognise persons for imparting instruction in any college or institution admitted to the privileges of the University; (j) to admit to its privileges, colleges and institutions not maintained by the University; to withdraw all or any of these privileges in accordance with such conditions as may be prescribed by the statutes; and to recognise halls not maintained by the University and to withdraw any such recognition; (k) to declare a college, an institution or a department as autonomous college or an institution or a department, as the case may be; (l) to borrow with the approval of the State Government, on the security of the property of the University , money for purposes of the University; (m) to supervise, control and regulate the residence, conduct and discipline of the students of the University and 1. Substituted for clause (f) to (1) by Haryana Act 11 of 2012. 8 MAHARSHI DAY ANAND UNIVERSITY, ROHTAK of colleges and institutions within the jurisdiction of the University; (n) to deal with any property belonging to, or vested in the University , in such manner as the University may deem fit for advancing the objects of the University; (o) to make special arrangement for the education of women students and the students belonging to weaker sections of the society , in particular Scheduled Castes and Scheduled Tribes, as the University may consider desirable; and (p) to do all such things, as may be necessary , incidental or conducive to the attainment of all or any of the objects of the University .] University open to all races, 6. The University shall be open to all persons classes, castes and creeds irrespective of sex,1[xxxxx] race, creed, caste or class; and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, teachers, workers or in any other connection whatsoever and no benefaction shall be accepted which in the opinion of the authorities of the University involves conditions or obligations opposed to the spirit and objects of this provision. 1[Provided that nothing contained in this section shall be deemed to prevent the University from making any special provision in respect of weaker sections of the society and in particular Scheduled Castes and Scheduled Tribes.] Teaching of 7. All teaching in the University shall be University conducted by and in the name of the University, in accordance with the statutes, ordinances and regulations made in this behalf. Officers of University 2[8 The following shall be officers of the University , namely :- (i) the Chancellor, (ii) the Vice-Chancellor, (iii) 3[Pro-Vice-Chancellor] (iv) Deans of Faculties, 1. The words "Nationality" omitted by Haryana Act 8 of 1983. 2. Added by Haryana Act 8 of 1983. 3. Substituted by Haryana Act 8 of 1983 THE ACT 9 (v) the Registrar (vi) the Finance Officer, (vii) the Librarian, (viii) the Controller of Examinations, if any , (ix) the Dean of Colleges, if any, (x) the Dean of Students Welfare, if any , (xi) such other persons in the services of the University as may be declared by the statutes to be the Officers of the University .] Chancellor 1[9 (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 degree and the 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 equipments 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, given notice to the University of his intention to cause an inspection or enquiry to be made and on receipt of such notice, the University shall have the right to make such representation to the Chancellor as it may consider necessary. (6) After considering the representation, if any, made by the University, the Chancellor may cause to be made such inspection or inquiry as is referred to in sub-section (4). 1. Omitted by Haryana Act. 7 of 2003 and further Amended by Haryana Act 23 of 2008. 10 MAHARSHI DAY ANAND UNIVERSITY, ROHTAK (7) Where any inspection or inquiry has been caused to be made by the Chancellor, the University shall be entitled to appoint a representative who shall have the right to be present and to be heard as such inspection or inquiry . (8) The Chancellor may , if the inspection or inquiry is made in respect of the University or any college or institution maintained 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. (9) The Executive Council shall communicate through the Vice-Chancellor to the Chancellor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry . (10) Where the Executive Council does not, within a reasonable time, take action to the satisfaction of the Chancellor, the Chancellor, may , after considering any explanation furnished or representation made by the Executive Council, issue such directions as he may think fit and the Executive Council shall comply with such directions. ( 1 1 ) Without prejudice to the foregoing provisions of this section the Chancellor, may , be order in writing, annual any proceedings of the University , which in his opinion, is not in conformity with this Act, the statutes or ordinances : Provided that before making any such order, he shall call upon the University to show cause why such an order should not be made, and, 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, ordinance and regulations made thereunder. (13) The power exercised by the Chancellor under sub-section (11) and sub-section (12) shall not be called in question in any civil court. (14) Any employee of the University who is aggrieved by the decision of the Executive Council or the Vice-Chancellor in respect of THE ACT 11 any disciplinary action taken against him, may address a memorial to the Chancellor in such manner as may be prescribed by statutes and the decision of the Chancellor shall be final. (15) The Chancellor shall have such other powers as may be prescribed by the Statutes. Vice-Chancellor 9-A 1[(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(1A) "The State Government shall constitute a Selection Committee consisting of one nominee of the Chancellor and two nominees of the Executive Council which shall prepare a panel of atleast three names, in alphabetical order, from which the Chancellor, shall appoint the Vice- Chancellor, on the advice of the State Government, The terms and conditions of service of the Vice- Chancellor, shall be determined by the Chancellor on the advice of the State Government. 3(1B) The Chancellor may, on the advice of the State Government, cause an inquiry to be held in accordance with the Principles of natural justice, and remove the Vice- Chancellor from office, if he is found on such inquiry, to be a person patently unfit to be continued in such office.”] (2) The Vice-Chancellor shall hold office for a period of three years which may be renewed for not more than one term; Provided that he shall cease to hold the office on attaining the age of [68]4 years irrespective of the fact that his term has not expired; [Provided further that a person, holding the office of the Vice-Chancellor, who was appointed or is deemed to have been appointed before the first day of November, 1980, shall continue to be governed by the law in force at the time of his appointment.] 5[(3)] If the Vice-Chancellor is unable to perform 1. Amended by Haryana Govt. Act.- 23, 2008 and Ec Reso. No. 3, of 16.08.2008. 2. Sub-section (1)and (1)A renumbered as (1A) and (1B) vide Haryana Act No. 23 of 2008. 3. Sub-section (1)and (1)A renumbered as (1A) and (1B) vide Haryana Act No. 23 of 2008. 4. Amended by Haryana Act No. 3 of 2010. 5. Amended by Haryana Act 25 of 1975 and further substituted Haryana Act. No. 17 of 2008 and noted by Ec. Reso. No. 3 of 16.08.08 12 MAHARSHI DAY ANAND UNIVERSITY, ROHTAK his duties owing to his temporary incapacity on account of illness or any other reason or the office of the Vice-Chancellor falls vacant due to death or otherwise, the Pro Vice- Chancellor shall perform the duties of the Vice-Chancellor until the existing Vice- Chancellor is able to resume his office or until a regular Vice-Chancellor is appointed, as the case may be. In the absence of both Vice-Chancellor and Pro Vice-Chancellor, the Chancellor shall make such arrangements for the duties of the Vice-Chancellor to be performed by some authority until Vice- Chancellor or Pro-Vice-Chancellor joins. (4) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University . (5) 1[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 matter involving creation or abolition of the Faculty, Department, or Post, the matter involving appointment or removal of an employee : Provided that the Vice-Chancellor before exercising powers under this section shall record in writing the reasons, why the matter cannot wait till the meeting of the authority concerned. Provided further that if the authority concerned is of the opinion that such action ought not to have been taken, the decision of the authority thereon shall be final. Provided further that a person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to refer such action to the Executive Council within one month from the date 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.] 1. Amended by Haryana Act 12 of 1994. THE ACT 13 (6) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the statutes or ordinances. 1[Pro Vice-Chancellor 19AA 1. The Pro Vice-Chancellor shall be appointed by the Chancellor on the advice of the Government on such terms and conditions of service determined by him on the advice of the Government. 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 of2[68] years. 3. The Pro Vice-Chancellor shall excercise such duties as are assigned to him by the Vice-Chancellor."] Dean of Faculties 9-B Every Dean of a Faculty shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes. Registrar 9-C 3[ ( 1 ) T he R e g i s t ra r s h a l l b e a p p o i n t e d b y t h e Chancellor on the advice of the Government. (2) The Registrar shall be Chief Administrative Officer of the University. He shall work directly under the superintendence, direction and control of the Vice-Chancellor. Finance Officer 9-D The Finance Officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes. Other Officers 9-E The manner of appointment and powers and duties of other officers of the University shall be prescribed by the statutes.] Creation of teaching 9-F 4[Notwithstanding anything contained in this Act, and non-teaching the University shall not create any teaching and posts non-teaching posts or revise the pay scales of the teaching and non-teaching employees without obtaining the prior approval of the Government.] Authorities of the 5[10 The following shall be authorities of the University University namely :- (i) the Court; 1. Omitted by Haryana Act No. 7 of 2003 and further inserted Haryana Act No. 17 of 2008 2. Amended by Haryana Act No. 3 of 2010. 3. Amended by Haryana Act No. 10 of 1997. 4 . Added by Haryana Act No. 5 of 1992 and further amended by Haryana Act No.12 of 1994. 5. Substituted by Haryana Act 8 of 1983. 14 MAHARSHI DAY ANAND UNIVERSITY, ROHTAK (ii) the Executive Council; (iii) the Academic Council; (iv) the Faculties; (v) the Finance Committee; (vi) the Academic Planning Board; and (vii) Such other authorities as may be declared by the statutes to be the authorities of the University .] Court 1[11 (1) The constitution of the Court and the term of office of its members shall be prescribed by the statutes. (2) Subject to the provisions of this Act, the Court shall have the following powers and functions, namely :- (a) to review, from time to time, the broad policies and programmes of the 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 2[12] (1) The Executive Council shall be the principal executive body of the University. 3[(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 : Provided that the Pro Vice-Chancellor shall be the ex-officio member of the Executive Council."] Academic Council 13. (1) The Academic Council shall be the principal academic body of the University and shall subject to the provisions of this Act, the statutes and ordinances, co-ordinate and 1. Inserted by Haryana Act 8 of 1983.' 2 . Amended by Haryana Act 17 of 2008 and further noted by E.C. Reso. no. 3 of dated 16.8.2008. 3. Omitted by Haryana Act 7 of 2003 and further amended by Haryana Act. No. 17 of 2008 & noted by E.C. Reso. No. 3 of 16.8.2008. THE ACT 15 exercise general supervision over all academic policies of the University . 1[(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 : Provided that the Pro Vice- Chacellor shall be the ex-officio member of the Academic Council."] Faculties 13-A The constitution and function of the Faculties shall be such as may be prescribed by the Statutes. Finance Committee 2[13-B] "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 13-C The constitution and functions of the Academic Board Planning Board shall be such as may be prescribed by the statutes. Statutes and their 3[14. Subject to the provisions of this Act, the statutes scope 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 service including provision for pension or provident fund or insurance scheme for the benefit of the employees of the University; (d) the conferment of honorary degrees; (e) the establishment and abolition of faculties and departments; (f) the institution of fellowships, scholarships, studentships, exhibitions, medals and prizes; (g) the maintenance of discipline among the students; (h) the conditions under which colleges and institutions may be admitted to the 1 . Amended by Haryana Act. No. 25 of 2008 & further noted by E.C. Reso. No. 3 of 16.8.2008. 2. Amended by Haryana Act. No. 25 of 2008 & noted by E.C. Reso. No. 3 of 16.8.2008. 3. Substituted by Haryana Act 8 of 1983. 16 MAHARSHI DAY ANAND UNIVERSITY, ROHTAK privileges of the University and the withdrawal of such privileges; (i) the delegation of powers vested in the authorities or officers of the University; and (j) all other matters which by this Act are to be or may be provided for by the statutes.] Statutes how made 1[15 (1) The statutes of the University shall be those as set out in the Schedule substitute by the Maharshi Dayanand University (Amendment) Act, 1983 and the existing statutes shall cease to operate ; Provided that the authorities of the University constituted under the existing statutes, shall continue to exercise all the powers and perform all the functions under this Act up to the 31st march, 1983 or till such authorities are constituted in terms of the statutes set out in the Schedule referred to above, whichever is earlier.] 2[(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 manner hereafter provided in this section : Provided that the Executive Council shall not make, amend or repeal any statutes affecting the statutes, powers or constitution of any 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 Government or the Executive Council shall 1. Substituted by Haryana Act 8 of 1983. 2. Amended by Haryana Act No. 10 of 1997. THE ACT 17 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 o r o n t h e a d v i c e o f t h e Government, may direct the Executive Council to make, amend or repeal the statutes in respect of any matter specified by him and if the Executive council fails to implement such a direction within 60 days of its receipt, the Chancellor may after considering the reasons, if any , communicated by the Executive Council for its inability to comply with such direction, make, amend or repeal the statute suitably .” Ordinances and 16. Subject to the provisions of this Act and the their scope statutes, the ordinances may provide for all or any of the following matters, namely :- (a) the admission of students to the University and their enrolments as such; (b) the courses of study to be laid down for all degrees, diplomas and certificates of the University; (c) the conditions under which students shall be admitted to the degree or diploma courses and to the examinations of the University and shall be eligible for degrees and diplomas; (d) the fees to be charged for courses of study in the University and for admission to the examinations, degrees and diplomas of the University; (e) the conditions of the award of fellowships, scholarships, 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; (h) all other matters which by this Act or the statutes are to be made or may be provided by the ordinances. Ordinances how 17. (1) The ordinances shall be made, amended, made 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 18 MAHARSHI DAY ANAND UNIVERSITY, ROHTAK to be recognised as equivalent to the University examinations; or (ii) affecting the conditions, mode of appointment or duties of examiners or the conduct or standard of examinations or any courses of study; unless the draft of such an ordinance has been proposed by the Academic Council. 1[(2) The Executive Council may return to the Academic Council for reconsideration, either in whole or in part, any draft proposed by the Academic Council under sub-section (1) alongwith its suggestions : Provided that the Executive Council shall not amend the draft proposed by the Academic Council itself. It may , however, reject such draft when submitted to it by the Academic Council for the second time. (3) All ordinances made by the Executive Council shall have effect from such date as it may direct and every ordinance made shall be communicated, as soon as may be, to the Chancellor.] Regulations 18 (1) The authorities of the University may make regulations consistent with this Act, the statutes and the ordinances - (a) laying down the procedure to be observed at their meetings and the number of members required to form a quorum; and (b) Providing for all matters which by this Act, the statutes or the ordinances are to be prescribed by regulations. (2) Every authority of the University shall make regulations providing for giving of notice to the members of such authority of the dates of meeting and of the business to be considered at meeting and for the keeping of a record of the proceedings of the meetings.2[19 xxxx] Annual Report 3[20 The annual report of the University giving details of the broad programmes, policies and finances, amendments of statutes and ordinances made during the year under report, shall be prepared under the directions of the Executive Council and shall be 1. Substituted by Haryana Act 8 of 1983. 2. Section 19 omitted by Haryana Act 8 of 1983. 3. Substituted by Haryana Act 8 of 1983. THE ACT 19 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 1[21 (1) The annual accounts and the balance-sheet of the University shall be prepared under the directions of the Executive Council and shall once at least every year and at intervals of not more than 15 months be audited by the Examiner, Local Fund Accounts, Haryana 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 annual accounts alongwith the report of Examiner, Local Fund Accounts 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 notice of the Court and the observations of the Court, if any, shall after being considered by the Executive Council, be submitted to the Chancellor. (2) The annual accounts and the balance-sheet of the University shall also be submitted to the Government at the time of its submission to the Chancellor.] Conditions of service 2[22. (1) Every salaried officer and teacher, except of officers and teachers the Vice-Chancellor, shall be appointed under a written contract, which shall be lodged with the University and any dispute arising out of a contract between the University and any of its officers or teachers shall, at the request of the teacher or officer concerned or at the instance of the University , be referred to a Tribunal of arbitration consisting of one member appointed by the Executive Council, 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 matters decided by the Tribunal. (2) Every such request shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act, 1940.] 1. Substituted by Haryana Act 8 of 1983. 2. Substituted by Haryana Act 8 of 1983. 20 MAHARSHI DAY ANAND UNIVERSITY, ROHTAK Pension, Provident 23. (1) The University shall institute for the benefit Fund and Insurance of its officers, teachers and other employees, Fund such pension, provident and insurance fund as it may deem fit. (2) Where any provident and insurance fund has been so constituted the provisions of the Provident Fund Act, 1925, shall be applicable to it as if it were a Government Provident Fund. Acts or proceedings 24. No act done, or proceeding taken, under this Act of University authorities by any authority or other body of the University and bodies not invali- shall be invalid merely on the ground - dated by vacancies (a) of any vacancy or defect in the constitution of the authority or body; or (b) of any defect or irregularity in election, nomination or appointment of a person acting as a member thereof; (c) of any defect or irregularity in such act or proceeding, not affecting the merit of the case. Disputes as to con- 25. If any question arises whether any person has been stitution of Univer- duly elected or appointed as, or is entitled to be, a sity authorities and member of any authority or other body of the bodies University , the matter shall be referred to the Chancellor whose decision thereon shall be final Power to remove 26. If any difficulty arises with respect to the establishment difficulties of the University or in connection with the first meeting of any authority of the University , or otherwise in first giving effect to the provision of this Act, the Government may , at any time, before any authority of the University has been constituted, by order make 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 1[27. No suit or other legal proceedings shall lie against taken in good faith 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. Mode of proof of 28. Notwithstanding anything to the contrary University record contained in the Indian Evidence Act, 1872, or in any other law for the time being in force, a copy of any receipt, application, notice, order, proceeding, 1. Inserted by Haryana Act 8 of 1983. THE ACT 21 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 or 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.] Repeal and saving 1[29. (1) The Punjab State Faculty of Ayurvedic and Unani Systems of Medicine Act, 1963, in its application to the State of Haryana, is hereby repealed and the Haryana State Faculty of Ayuvedic and Unani Systems of Medicine (hereinafter referred to as the Faculty) constituted under section 3A of the Act so repealed shall, from the date of commencement of this Act, stand dissolved and the members thereof shall cease to hold office as such ; Provided that the repeal shall not affect - (a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or (c) any penalty , forfeiture or punishment incurred in respect of any offence committed against the Act so repealed; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability , penalty , forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty , forfeiture or punishment may be imposed as if this Act had not been passed. 1. Added by Haryana Act 5 of 1977. 22 MAHARSHI DAY ANAND UNIVERSITY, ROHTAK (2) Subject to the provisions of sub-section (1) (a) anything done or any action taken by the Faculty including qualifying or other examinations held, training or courses of studies prescribed, degrees, diplomas or certificates conferred, granted or issued, fees fixed or levied or stipends, scholarships, medals, prizes or rewards awarded, shall be deemed to have been done or taken under the principal Act, and shall continue to be in force accordingly unless and until superseded or amended by anything done or any action taken under the principal Act. (b) all properties, movable and immovable and all interest of whatsoever nature and kind therein, vested in the Faculty before the commencement of this Act shall vest in the University; (c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Faculty, under the Punjab State Faculty of Ayurvedic and Unani System of Medicine Act, 1963, before the commencement of this Act shall be deemed to have been incurred, entered into, or engaged to be done by, with or for the University.] THE STA TUTES 23 THE STATUTES 1[THE SCHEDULE] (See Section 15) Powers and duties 1. ( 1) The Vice-Chancellor shall be ex-officio of the Vice-Chancellor 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 the meetings of the Court. The Vi
Excerpt shown. Open the full act in Lexace.
Lex