The maharshi dayanand saraswati university act, 1987
Rajasthan · state statute
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THE MAHARSHI DAYANAND SARASWATI
UNIVERSITY ACT, 1987
(As amended by the University of Ajmer (Amendment)
Act ,1992 (Act No. 17 of 1992), Maharshi Dayanand Saraswati
University (Amendment) Act, 2013 (Act No. 7 of 2013) ,
Maharshi Dayanand Sarasw ati (Amendment ) Act , 2017 (Act
No. 20 of 2017) & The Universities' Laws (Amendment) Act,
2019 (Act No. 17 of 2019).
AJMER
2020
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LAW AND LEGISLATIVE DRAFTING DEPARTMENT
NOTIFICATION
Jaipur, November 7, 1987
No. F.2 (38) V idhai/87. In pursuan ce of clause (3) of Article 348 of
the Constitution of India, the Governor is pleased to authorise the publication
in the Rajasthan Gazette of the following translation in the English language
of the Ajmer Vishwavidyalaya Adhiniyam, 1987 (Adhiniyam Sankhya 38 San
1987) :–
(English Translation)
* Maharshi Dayanand Saraswati University ACT, 1987.
(Act No. 38 of 1987)
[ Received the Assent of the Governor on the 7th day of November, 1987]
An
Act
to establish and incorporate a University at Ajmer in the State of Rajasthan.
Be it enacted by the Rajasthan State Legislature in the Thirty -eighth
year of the Republic of India as follows –
____________________________________________________________________
* As amended as "Maharshi Dayanand Saraswati University Act, 1987" by the
University of Ajmer (Amendment) Act, 1992 (Act No. 17 of 1992)
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Chapter – 1
Preliminary
1. * Short t itle and commencement . – (1) This Act may be
called the Maharshi Dayanand Saraswati University Act, 1987.
(2) It shall and shall be deemed to have come into force on such
date as the State Government may, by notification in the official Gazette,
appoint.
2. Definitions – In this Act, unless the context otherwise requires,
(a) "Academic Council" means the Academic Council of
the University as constituted under section 12;
(b) "Affiliated College" means an educational institution
admitted to the privileges of the University;
(c) "Appointed Day" means the date appointed under sub -
section (2) of section 1 for the coming into force of this
Act;
(d) "Autonomous College" means an educational institution
declared as such under the provisions of this Act;
(e) "Authority" means an Authority of the University as
specified by or declared under section 10;
(f) "Board" means the Board of Management of the
University as constituted under section 11;
(g) "employee" means an y person appointed by the
University other than a teacher of the University;
(h) "Government" means the Government of the S tate of
Rajasthan;
_____________________________________________________________
* As amended and substituted by the University of Ajmer (Amendment)
Act, 1992 (Act. No. 17 of 1992)
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(i) "Institution" means an institution recognised or approved
as such by the University under the provisions of this Act;
(j) "Officer" means an officer of the University as specified
by or declared under section 18;
(k) "Ordinance" or an "ordinanc e of the University" shall
mean an ordinance made under section 22;
(l) "prescribed" means prescribed by the Statutes of the
University;
(m) "Principal" means the chief executive officer of a
college or any person duly appointed to act as such ;
(n) "Regulations" means the regulations made by any
Authority of the University under this Act;
(o) "State" means the State of Rajasthan;
(p) "Statute" means the Statutes of the University made
under this Act;
(q) "Student" means a person enrolled in the University for
taking a course of study for a degree, diploma,
certificate or other academic distinction;
(r) "Teacher" means a P rofessor, Associate P rofessor,
Assistant P rofessor, Reader or Lecturer or any other
person appointed or r ecognised by the University for
imparting instruction s to students or guiding research
work or engaged for giving training or instructions and
includes a person declared by the Statutes to be a
teacher; and
(s) * "University" means the Maharshi Dayanan d Sarasw ati
University established by and under this Act.
_____________________________________________________________
* As amended and substituted by The University of Ajmer (Amendment)
Act, 1992 (Act No. 17 of 1992).
[5]
Chapter – II
The University
3. ** Incorporation of the University – (1) The Chancellor, the
first Vice-Chancellor, the first members of the Board of Management and the
Academic Council of the University, and all persons who may hereafter
become such officers or members so long as they continue to hold such
office or membership, shall constitute a body corporate by the name of "The
Maharshi Dayanand Saraswati University ".
(2) The University shall have perpetual succession and a common
seal and shall sue and be sued by the said name.
(3) Subject to the provisio ns of this Act the University shall be
competent to acquire and hold property both movable and immovable , to
lease, sell or otherwise tran sfer or dispose of any movable and immovable
property which may be vested in or has been acquire d by it for the purpos es
of the University, and to enter into contract and to do all such other things as
may be necessary for the furtherance of the purposes of this Act.
(4) The Head Office of the University shall be a t Ajmer which shall
be the headquarters of the Vice -Chancellor and it may establish or maintain
Regional Centers and Schools of Studies or Departments of Studies at such
places in Rajasthan as it may think fit.
4. Objects of the University – The U niversity shall extend and
regulate its functions for the following objects namely :-
(a) for imparting education in various branches of learning and courses;
(b) for advancement of learning and research work in various
branches of learning;
(c) for undertaking extension education programmes;
_____________________________________________________________
** As a mended and substituted by The University of Ajmer
(Amendment) Act, 1992 (Act. No. 17 of 1992).
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(d) for providing training of college teachers to up -date their
knowledge;
(e) for organizing specially designed orientation programmes in
teaching methodologies and pedagogy;
(f) for undertaking work relating to updating and modernizing
curricula and examination reform; and
(g) for such other work -activity or project as the University may
deem proper to undertake in order to achieve its objects.
5. Powers an d Functions of the University . – (1) The
University shall exercise the powers and perform the functions as under : -
(a) to provide for instructions, extension training and consultancy
in such branches of learning as it may think fit;
(b) to make provision for res earch and for the advancement and
dissemination of knowledge;
(c) to make such provision as would enable affiliated and
recognised colleges, recognised and approved institutions to
undertake specialized studies;
(d) to establish maintain and manage colleges, teac hing
departments, schools of studies, centers of studies and
institutes, halls and extension education centers;
(e) to organize common laboratories, libraries , museums, audio
visual, computer and other teaching aids for teaching and
research;
(f) to prescribe the courses of instruction and studies for the
various examinations and evaluation thereof;
(g) to determine the standards for admission s and the method of
admission into the University and its affiliated colleges, which
method may include examinations, evaluation and other modes
of testing;
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(h) to institute degrees, diplomas, certificates and other academic
distinctions;
(i) to hold examinations and confer degrees, diplomas, certificates
and other academic distinctions on persons who have pursued
approved course s of study in the U niversity or in an affiliated
college or have carried on research unde r conditions
prescribed by the Statutes; Ordinances and Regulations;
(j) to withdraw degrees, diplomas, certificates and other academic
distinctions for good and sufficient reasons;
(k) to confer honorary degrees or other academic distinctions on
approved persons in the manner prescribed in the Statutes;
(l) to admit to the privileges of the University, Colleges and
Institutions not maintained by the University and withdraw all or
any of these privileges;
(m) to confer autonomous status on a College, institution or
department as the case may be, subject to such conditions as
may be laid down in this Act, or as may be prescribed by the
Statutes and to withdraw the autonomy;
(n) to create academic, administrative, ministerial and other necessary
posts in the University and to make appointments there to;
(o) to prescribe qualifications and terms and conditions of service
of the members of the teaching , other academic and no n-
teaching staff in the affiliated or recognised colleges and
recognised and approved institutions;
(p) to regulate the fees and other charges to be paid by the
students in constituent, affiliated and recognised colleges, and
recognised and approved institutions;
(q) to enforce and maintain discipl ine among the teachers ,
students, officers and staff and to make necessary
arrangements in order to promote their welfare and to improve
their service conditions;
(r) to build, maintain and man age buildings, offices, residences,
hostels, etc. for teachers, students, officers and staff;
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(s) to recognize hostels no t maintained by the University, to
inspect such hostels and to withdraw recognition there -from;
and
(t) to do all such other acts, whether incidental to the powers
aforesaid or not, as may be requisite in order to further the
objects of the U niversity or which are incidental or ancillary to
achieve those objects.
6. Territorial Jurisdiction .– Subject to the provisions of the
University of Rajasthan Act, 1946, the Jodhpur University Act, 1962
(Rajasthan Act 17 of 19 62), the Mohan Lal Sukhadia University Act, 1962
(Rajasthan Act 18 of 1962) and any other law for the time being inforce, the
jurisdiction of the University shall extend to and the powers conferred by or
under this Act shall be exercisable through out the territory of the S tate of
Rajasthan.
7. University open to all classes .– The University shall, subject
to the provisions of this Act and the S tatutes, be open to all person
irrespective of their caste, creed, race, class or sex;
Provided that nothing in this section shall be deemed to prevent the
University from making any special provision of reservation for persons
belonging to scheduled castes or scheduled tribes or any other weaker
sections of the society.
8. Chancellor.– (1) The Governor of the State shall b e the ex -officio
Chancellor of the University.
(2) The Chancellor may give any direction, take any action and do
anything as may be necessary under the provisions of this Act and the
Statutes.
9. Power to order inspection or enquiry – (1) The Chancellor
shall have power to order an inspection, by such person as he may appoint,
of the University and its buildings, laboratories, centers, libraries, museums,
workshops and equipments and also of any institution, college or hostel
administered, controlled or maint ained by the University. An inspection or
enquiry may also be made, as directed by the Chancellor, into the teaching
or other work conducted by or under the auspices of the University or any
matter connected with the administration or the finances of the University.
[9]
(2) The Chancellor shall, before ordering an inspection or enquiry,
give a notice to the University in this behalf. The University may appoint a
person as its representative for being present and be heard at the inspection
or enquiry.
(3) The Chancellor may communicate to the University his views
on the result of the inspection or enquiry and may, after obtaining the
comments of the University, advise the University on the action to be taken
within a period fixed by him.
(4) The University shall, within the period so fixed, send a report to
the Chancellor about the action taken or proposed to be taken with respect
to the advice given by the Chancellor under sub-section(3).
(5) The C hancellor may, wh ere action is not taken by the
University in accordance with the advice given by him under sub -section(3),
issue directions, as he may deem fit, and the University shall be bound to
comply with such directions.
(6) Where the Chancellor is of the opinion that the affairs of the
University are not being conducted in furtheran ce of its objects or in
accordance with the provisions of this Act so as to maintain the standards of
teaching, examination, research or extension programme, he may call upon
it to send comments or explanation in this behalf. In case the University fails
to send, or sends unsatisfactory comments or explanation, the Chancellor
may issue such instructions as may appear to be necessary or desirable.
(7) The University shall furnish such information relating to its
Administration as the Chancellor may require.
Chapter – III
Authorities of the University
10. Authorities:- The following shall be the Authorities of the
University, namely :-
(a) Board of Management;
(b) Academic Council;
(c) Boards of Studies; and
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(d) Such other bodies as may be declared by the Statutes to be
the Authorities of the University.
11. Board of Management . :- (1) The Vice -Chancellor shall, as
soon as may be after the appointed day, order the constitution of the Board
of Management in accordance with the provisions of the Statutes.
(2) The Board shall consist of such members, exercise such
powers and perform such functions as may be prescribed.
12. Academic Council. :- (1) There shall be an Academic Council
of the University which shall be in -charge of the academic affairs of the
University and shall, subject to the provis ions of this Act and the Statutes,
supervise, control and regulate the standards of instructions and
examinations in the University and all matters connected with education,
training and research.
(2) The Academic Council of the University shall be constituted in
accordance with the provisions of the Statutes.
(3) The Academic Council shall consist of such members, exercise
such powers and perform such functions as may be prescribed.
13. Board of Studies :- (1) There shall be such number of Boards
of Studies as my be determined by the Statutes.
(2) A Board of Studies shall be constituted in the manner, consist
of such members, exercise such powers and perform such functions as may
be prescribed.
14. Other Authority. :- A body declared by the Statutes to be an
Authority of the University under clause (d) of section 10 shall be constituted
in the manner, consist of such members, exercise such powers and perform
such functions as may be prescribed.
15. Dispute relating to appointment as member . – If any
dispute arises as to whether a ny person was duly nominated, elected or
appointed to any Authority, the matter may be referred to the Chancellor
whose decision thereon shall be final.
16. Temporary vacancy in an Authority . – Any temporary
vacancy, other than that of an ex -officio member, i n any Authority shall, as
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soon as may be, be filled in the same manner as has been prescribed for
nomination, election or appointment in the case of a permanent vacancy.
The person fil ling a temporary vacancy shall become a member of such
Authority for the residue of the term for which the person whose place he fills
would have been a member.
17. Vacancy not to invalidate a proceeding . – No act or
proceeding of any Authorities shall be called in question or held to be invalid
merely by reason of any vacancy of membership in such Authority.
Chapter – IV
Officers of the University
18. Officers of the University . – The following shall be the
officers of the University, namely :-
(1) The Vice-Chancellor;
(2) All Deans;
(3) The Registrar;
(4) Comptroller;
(5) The Controller of Examination;
(6) The University Librarian; and
(7) Any other officer declared by the Statutes to be an officer of the
University.
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19- Vice-Chancellor –
*† Omitted.
(1) ** The Vice -Chancellor shall be a whole time paid officer of the
University.
(2) *** No person s hall be eligible to be appointed as Vice -Chancellor
unless he is, a distinguished academician having a minimum of ten
years experience as professor in a University or college or ten years
experience in an equivalent position in a reputed research and or
academic administrative organisation and, of highest level of
competence, integrity, morals and institutional commitment; and
(3) The Vice -Chancellor shall be appointed by the Chancellor in
consultation with the State Government from amongst the persons
included in the panel recommended by the Search Committee
consisting of-
(a) one person nominated by the Board;
(b) one person nominated by the Chairman, University
Grants Commission;
(c) one person nominated by the Chancellor; and
(d) one person nominated by the Government,
and the Chancellor shall appoint one of these persons to
be the Chairman of the Committee.
__________________________________________________________________
*As a mended and Substituted by the Maharshi Dayanand Saraswati
University (Amendment ) Act, 2013 (Act No. 07 of 2013)
† As Substituted by the THE MAHARSHI DAYANAND SARASWATI
ACT, 2017 (Act No. 20 of 2017).
** As amended and substituted by The Maharshi Dayanand Saraswati
(Amendment ) Act, 2017 (Act No. 20 of 2017)
*** As a mended and substituted by The Universitie 's Laws
(Amendment) Act, 2019 (Act No. 17 of 2019)
[13]
(4) An eminent person in the sphere of higher education not connected
with the University and its colleges shall only be eligible to be
nominated as the member of the Search Committee.
(5) The Search Committee shall prepare and recommend a panel of not
less than three persons and not more than five persons to be
appointed as Vice-Chancellor.
(6) For the purpose of selection of the Vice -Chancellor, the Search
Committee shall invite applications from eligible persons through a
public notice and while considering the names of persons to be
appointed as Vice -Chancellor, the Search Committee shall give
proper weightage to academic excellence, exposure to the higher
education system in the country, and adequate experience in
academic and administrative governance and record its findings in
writing and enclose the same with the panel to be submitted to the
Chancellor.
(7) The term of the office of the Vice-Chancellor shall be three years from
the date on which he enters upon his office or until he attains the age
of seventy years, whichever is earlier:
Provided that the same person shall be eligible for reappointment for
a second term.
(8) The Vice -Chancellor shall receive such pay an d allowances a s may
be determined by the Stat e Government. In addition to it, he shall be
entitled to free furnished residence maintained by the University and
such other perquisites as may be prescribed.
(9) When a permanent vacancy in the office of the Vice -Chancellor
occurs by reason of his death, resignation, removal or the expiry of
his term of office, it shall be filled by the Chancellor in accordance
with sub -section (3), and for so long as it is not so filled, stop -gap
arrangement shall be made by him under and in accordance with sub-
section (10).
(10) When a temporary vacancy in the office of the Vice-Chancellor occurs
by reason of leave, suspension or otherwise or when a stop -gap
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arrangement is necessary under sub -section (9), the Registrar shall
forthwith report the matter to the Chancellor who shall make, on the
advice of the State Government, arrangement for the carrying on of
the function of the office of the Vice -Chancellor by any other Vice -
Chancellor of a State University.
(11) The Vice-Chancellor may at a ny time relinquish office by submitting,
not less than sixty days in advance of the date on which he wishes to
be relieved, his resignation to the Chancellor.
(12) Such resignation shall take effect from the date determined by the
Chancellor and conveyed to the Vice-Chancellor.
(13) Where a person appointed as the Vice-Chancellor was in employment
before such appointment in any other college, institution or University,
he may continue to contribute to the provident fund of which he was a
member in such employment and the University shall contribute to the
account of such person in that provident fund.
(14) Where the Vice -Chancellor had been in his previous employment, a
member of any insurance or pension scheme, the University shall
make a necessary contribution to such scheme.
(15) The Vice-Chancellor shall be entitled to travelling and daily allowance
at such rates as may be fixed by the Board.
(16) The Vice-Chancellor shall be entitled to leave as under:-
(a) leave on full pay at the rate of one day for every eleven days of
active service; and
(b) leave on half pay at the rate of twenty days for each completed
year of service:
Provided that leave on half pay may be commuted as leave on
full pay on production of medical certificate.
(17) The Vice -Chancellor shall be the principal academ ic, administrative
and executive officer of the University and shall exercise overall
supervision and control over the affairs of the University. He shall
have all such powers as may be necessary for true observance of
the provisions of this Act and Statutes.
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(18) The Vice-Chancellor shall, where immediate action is called for, have
power to make an order so as to exercise any power or perform any
function which is exercised or performed by any Authority under this
Act or the Statutes:
Provided that such action shall be reported to the Authority as would
have in the ordinary course dealt with the matter for approval:
Provided further that if the action so reported is not approved by such
Authority not being the Board, the matter shall be referred to the
Board, wh ose decision shall be final and in case of the Authority
being the Board, the matter shall be referred to the Chancellor whose
decision shall be final.
(19) The Vice-Chancellor may, on being satisfied that any action taken or
order made by any Authority is not in the interest of the University or
beyond the powers of such Authority, require the Authority to review
its action or order. In case the Authority refuses or fails to review its
action or order within sixty days of the date on which the Vice -
Chancellor has so required, the matter may be referred to the Board
or to the Chancellor, as the case may be, for final decision.
19A ** Removal of Vice -Chancellor.- (1) Notwithstanding anything
contained in the Act, if at any time on the report of the State
Government or otherwise, in the opinion of the Chancellor, the
Vice-Chancellor willfully omits or refuses to carry out the provisions
of this Act or abuses the powers vested in him or if otherwise
appears to the Chancellor that the continuance of the Vice -
Chancellor in office is detrimental to the interest of the University,
the Chancellor may , in consultation with the State Government,
after making such inquiry as he deems proper, by or der, remove
the Vice-Chancellor;
__________________________________________________________________
**As amended and new section inserted by THE UNIVERSITIES' LAWS
(AMENDMENT) ACT, 2019 (Act No. 17 of 2019)
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Provided that the Chancellor may, in consultation with the
State Government, at any time before making such order, place the
Vice-Chancellor under suspension, pending enquiry;
Provided further that no order shall be made by the Chancellor
unless the Vice -Chancellor has been given a reasonable
opportunity of showing cause against the action proposed to be
taken against him
(2) During the pendency or in contemplation, of any inquiry
referred to in sub -section (1) the Chancellor may, in consultation
with the State Government, order that till further order-
(a) such Vice -Chancellor shall refrain from performing
the functions of the office of the Vice-Chancellor, but shall continue
to get the emoluments to which he was otherwise entitled;
(b) the functions of the office of the Vice -Chancellor
shall be performed by the person specified in the order.
20. Other Officers – The officers, other th an the Vice-Chancellor, of
the University referred to in section 18 shall be appointed in such manner,
for such period, on such term s and conditions and shall exercise such
powers and perform such functions as may be prescribed.
Chapter –V
Statutes, Ordinances and Regulations
21. Statutes. – (1) The Statutes of the University shall contain such
instructions, directions, procedures, details and terms and conditions as are
required to be laid down under and in accordance w ith the provision of this
Act :
(2) The S tatues as contained in the Schedule to this Act and as
amended from time to time shall be binding on all the Authorities, officers,
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teachers, employees and students of the University and other persons
connected with the affairs of the University.
(3) The Board shall have power to amend, add or delete any
Statute contained in the Schedule to this Act.
Provided that the Board shall not amend, add or delete any Statute
affecting the constitution, status or power of any Authority wi thout affording
to such Authority a reasonable opportunity of making representation on the
proposed changes.
(4) Any amendment to the Statutes, whether by adding, deleting or
in any other manner, shall not take effect unless the Chancellor has , after
consultation with the Government, assented to it. The Chancellor may, after
the said consultation and on being satisfied that assent be not given,
withhold assent or return the proposal for amendment to the Board for
reconsideration in the light of the observations, if any, made by him.
(5) Notwithstanding anything contained in sub -section(3) or sub -
section (4), the Chancellor shall have power to amend, after consultation
with the Government, whether by adding, deleting or in any other manner,
the Statutes contained in the Schedule within a period of one year from the
appointed day.
22. Ordinance of the University. – (1) The Vice- Chancellor shall
have power, at any time after the appointed day, to make , with the previous
approval of the Government, the first ordinances of the University.
(2) Any amendment to the Ordinance s (by adding, deleting or in any
other manner) may be made, at any time after the first Ordinance s are made
under sub-section (1), by the Board in such manner as may be prescribed.
(3) The Ordinances of the University may, subject to the provision s of
this Act and the Statutes be made for all or any of the following matters,
namely: -
(a) the courses of study, admission or enrolment of students, fee,
qualifications or conditions requisite for any degree, dipl oma,
certificate or fellowship;
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(b) the conduct of examinations including the appointments of
examiners and their terms and conditions;
(c) management of colleges, institutions, centres or other
agencies or bodies run by or admitted to the privilege s of the
University;
(d) the conditions for residing in any hostel or other place of
residence run or maintained by the University, the levying of
charges therefore and other related matters;
(e) the recognition and supervision of hostels not run or
maintained by the University;
(f) the matters related to emoluments and conditions of service of
officers, teachers and employees, their service records, tutorial
instructions, allowances including trave lling and daily
allowances payable to teachers and employees; and
(g) any other matter req uired by the S tatutes to be dealt by or
under the Ordinances of the University.
23. Regulations – (1) An Authority shall have power to make
regulations, in the manner as may be prescribed, for the conduct of its
affairs and the affairs of any of its committees and for laying down the
procedure to be followed at its meetings.
(2) The regulations shall not be contrary to the provisions of this Act, the
Statutes or the Ordinance of the University.
Chapter –VI
Affiliation, Recognition and Approval
24. Affiliation of Co lleges. – (1) A College within the University
jurisdiction, on satisfying the conditions specified in this section , may be
affiliated to the University.
(2) A C ollege applying for affiliation to the University shall send an
application to the Registrar within such time limits as may be specified by the
Ordinances of the University with a view to satisfying the University on the
following matters, namely :-
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(a) that it will supply a need in the locality, having regard to the
type of education intended to be pro vided by the college, the
existing provision for the same type of education made by
other colleges in the neighbourhood and the suitability of the
locality where the college is to be established;
(b) that it is to be under the management of a regularly constituted
governing body or it is to be maintained by the State
Government;
(c) that the strength and qualifications of the teaching staff and the
conditions governing their tenure of office are such as to make
due provisions for the courses of instruction, teachin g or
training to be undertaken by the college;
(d) that the buildings in which the college is to be located are
suitable and that provision will be made i n conformity with the
Ordinances of the University for the residence in the college or
in lodgings approve d by the college, for students not residing
with their parents or guardians and for the supervision and
welfare of students;
(e) that due provision is made for a library;
(f) that where affiliation is sought in any branch of experimental
science, arrangements a re made in conformity with the
Statutes, Ordinances and regulations for imparting instruction
in the branch of science in a properly equipped laboratory or
museum;
(g) that due provision will, as far as circumstances may permit, be
made for the residence of the P rincipal and members of the
teaching staff in or near the college or the place provided for
the residence of students;
(h) that the financial resources of the college are such as to make
due provision for its continued maintenance and efficient
working; and
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(i) that rules fixing the fees to be paid by the students shall be
such as are prescribed in the Ordinances of the University.
(3) The application for affiliation shall contain an assurance that after
the college is affiliated, any change in management or teaching staff and any
other change resulting in the requirements mentioned in sub -section (2) not
being fulfilled, shall be reported forthwith to the University.
(4) On receipt of the application for affiliation under sub-section(2), the
application shall be placed before the Authority specially appointed for the
purpose.
(5) The Board shall obtain the recommendation of the Academic
Council on the report of the Authority and shall take a final decision.
(6) Where a college desires to add to the course s of i nstruction in
respect of which it is not affiliated, the procedure prescribed by sub -section
(2) to (5) shall be followed.
(7) An application under sub -section (2) may be withdrawn at any
time before an order is finally made under sub-section (5).
25. Withdrawal of Affiliation – (1) The affiliation granted to a
College may be withdrawn or modified if the college has failed to comply
with any of the provisions of sub -section (2) of section 24 or the College has
failed to observe any of the conditions of its aff iliation or the College is
conducted in a manner which is prejudicial to the interest of education.
(2) The motion for the withdrawal or modification of such affiliation
shall be initiated in the Board. Before taking the said motion into
consideration, the Board shall send a notice mentioning the grounds of such
motion, to the Principal of the College for submitting representation, if any, in
writing for consideration within a period specified in the notice.
(3) On receipt of the representation, if any, t he Board may, after
considering the notice and representation and after such inspection by any
competent person or Authority as may be deemed fit as also after considering
the recommendations of the Academic Council thereon, withdraw or modify
the privilege of affiliation from the date specified in the order.
26. Recognition of certain institution s.– Any institution
conducting research or specialized studies situate in the jurisdiction of the
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University, may be recognized by the University for such purposes and in
such manner and subject to such conditions as may be prescribed.
27. Withdrawal of the recogni tion. – The rights conferre d on an
institution by recogni tion may be withdrawn or suspended for any period if
the institution has failed to observe any of the con ditions of its recognition in
such manner and for such reasons as may be prescribed.
28. Approval of institution s.– (1) The Board shall have the
power, after consultation with the Academic Council, to approve an
institution as an approved institution for speci alized studies, laboratory work,
internship, research or other academic work under the guidance of a
qualified teacher subject to such conditions as may be prescribed.
(2) Subject to the general powers of inspection, supervision and
calling of periodical returns, to be exercised by the University in accordance
with the Statutes, approved institutions shall enjoy full autonomy in the
matter of prescribing their courses of study and curricul a, organis ation of
their work and in all other academic and administrative matters.
(3) While granting recognition, the Board shall specify the status of an
approved institution as a post -graduate or degree college, as the case may
be, and members of the staff of such institution shall then enjoy the same
rights and priv ileges as are allowed under this Act, and the Statutes,
Ordinances and Regulations made there-under to members of the staff of a
college of equal status in the University in respect of membership of any
authority or body of the University or for appointmen t as an officer of or an
examiner in the University.
(4) The Board shall have power to recognize any degree, diploma or
certificate granted by an approved institution as equivalent to a
corresponding degree, diploma or certificate of the University. The University
shall for this purpose prescribe, by Statutes, the conditions and the manner
according to which an approved institution shall hold its examinations.
29. Withdrawal of approval . – (1) The rights conferred on an
institution by approval may be withdrawn or suspended for any period by the
Board if the institution has failed to observe any conditions of its approval or
the work assigned to it is conducted in a manner which is prejudicial to the
interest of education, or the teacher recognised by the Unive rsity leaves the
institution.
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(2) Before mak ing an order under sub -section ( 1) in respect of any
approved institution , the Board shall by notice in writing call upon the
institution to show cause within one month from the da te of the receipt of the
notice, why such an order should not be made. The period so given for
showing the cause may, if necessary, be extended by the Board.
(3) On receipt of the explanation, if any, made by the institution in
reply to the notice, and where no such reply is received o n the expiry of the
period referred to in sub -section (2), the Board shall, after consulting the
Academic Council and after such enquiry, if any, as may appear to it to be
necessary, decide whether the approval should be withdrawn or, as the case
may be, suspended and make an order accordingly.
30. Inspection of Colleges and reports . – (1) Every college or
institution, affiliated, recognised or approved, as the case may be, shall
furnish such reports, returns and other information as may be required, to
enable the University to judge the efficiency of such college or institution.
(2) The Board shall cause such college or institutions to be inspected
from time to time by one or more competent persons authorized in this
behalf and a report of the inspection shall be made to the Board.
(3) The B oard may call upon any such college or institution so
inspected to take within a specified period, such action as may appear to it to
be necessary.
Chapter –VII
Autonomous Colleges, Institutions and University Departments
31. Conferment of Autonomous status. – (1) An affiliated
college or a recognized institution or a Uni versity department may be
conferred the a utonomous status by the University in the matter of
admission of students, prescribing the course s of studies, impart ing
instruction and training, holding of examinations and the powers to make
necessary rules for the purpose.
(2) The Board shall for the purpose of satisfying itself about the
standards of education in such a college , institution or department, may
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direct an enquiry to be made by a standing committee in such manner as
may be prescribed.
(3) On receipt of the report of the said committee and the
recommendation of the Academic Council thereon the Board, on being
satisfied, shall refer the matter to the Uni versity Grants Commission and the
State Government to obtain their concurrence.
(4) On receipt of such concurrence, the University shall confer the
autonomous status on the College, the Institution or the department, as the
case may be.
(5) The status of autonomy may be granted initially for a period of five
years subject to review by an expert committee to be constituted for this
purpose. The committee shall comprise the following, namely :-
(a) one nominee of the University;
(b) one nominee of the State Government;
(c) one nominee of the University Grants Commission;
(d) one Principal of an autonomous college to be nominated by the
Vice-Chancellor; and
(e) an officer of the University
(6) The committee shall submit its report to the Board for further action.
(7) The University shall continue to exercise general supervision over
such college, institution or department and to confer degrees on the students
of such college, institution or department.
(8) The autonomous college, institution or department shall appoint
such committees as may be prescribed for the proper management relating
to academic, financial and administrative affairs.
(9) Every autonomous college institution or department shall furnish
such reports, returns and other informations as the Board may require from
time to time to judge efficiency.
(10) The Board shall cause every autonomous College, institution or
department to be inspected from time to time.
32. Withdrawal of autonomous status . – (1) The conferment of
autonomous status may be withdrawn by the Uni versity i f the College
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institution or department has failed to observe any condition of its
conferment or the efficiency thereof has so deteriorated that in the interest of
education it is necessary to do so.
(2) Before an order under sub-section (1) is made, the Board shall, by
one month's notice in writing, call upon the College, institution or department
to show cause why such an order should not be made.
(3) On receipt of the explanation, if any, made by the College,
institution or department in reply to the notice, the Board shall, after
consulting the Academic Council and the University Grants Commi ssion
report the matter to the State Government.
(4) The State Government shall, after such further enquiry , if any, as
may be deemed fit, record its opinion in the matter and convey its decision to
the University and the Un iversity shall thereupon make such order as it
deems fit.
(5) Where in the case of an autonomous College, institution or
department, the autonomous status conferred under section 31 is withdrawn
by an order made under sub -section (4), such college, institution or
department, as the case may be, shall cease to have an autonomous status
from the date specified in the order.
Chapter –VIII
Appointments, Funds and Accounts
33. Appointments. – (1) A person may be appointed as a teacher
or an employee of the University by a contract in writing which shall not
contain any condition contrary to any provision of this Act or the Statutes.
(2) All appointment shal l generally be governed by the S tatutes and
shall be made by an officer and in the manner as may be prescribed.
(3) The original contract shall be kept on the record of the University
and a copy thereof shall be given to the person employed.
34. Provident F und and Pension Fund : – (1) The Unive rsity
shall, for the benefit of its officers, teachers and employees, create provident
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fund or pension fund or formulate an insurance scheme in such manner and
subject to such conditions as may be prescribed.
(2) The provisions of the Provident Funds Act, 1925 (Central Act 19 of
1925) shall apply to a fund or an insurance scheme as if it were a
government fund or scheme and the University shall contribute to or invest
in such fund or scheme.
(3) Where a person in government employment is transferred on
deputation or otherwise to the University, the terms and conditions relating to
the fund and the scheme referred to in sub -section (1) shall be such as may
be agreed to between the Government and the University.
35. University Funds. -(1) There shall be a G eneral Fund of the
University to which all such incomes, fees and other receipts shall be
credited under appropriate heads as may be prescribed.
(2) The money received as contr ibution, aid or grant from the C entral
Government or the State Government or any other money received from any
one else; as may be directed by the Board shall be credited to the
Foundation Fund of the University.
(3) The whole or part of the money deposited in the Foundation Fund
of the University may be spent in such manner and for suc h purposes as
may be prescribed or invested in such securities as are specified in section
20 of the Indian Trust Act, 1882 (Central Act 2 of 1882).
(4) Such statement, account, report or other pa rticulars relating to the
utilisation of any grant, aid or contribution given or made by the Central
government or the State Government shall be furnished to the said
Government as may be required from time to time.
(5) The General Fund, the Foundation Fund and other funds of the
University shall be kept, managed and deal t with in accordance with the
provisions of the Statutes as may be made from time to time.
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36. ***Accounts and audit. (1) The annual accounts and balance
sheet of the University shall be prepared by the Comptroller under the
direction of the Vice -Chancellor and all moneys accruing to or received by
the University from whatever source and all amount disbursed or paid shall
be entered in the accounts.
(2) The Comptroller shall before such date as may be prescribed by
the Statutes, prepare the budget estimates for the ensuing year.
(3) The annual accounts and the budget estimates prepared by the
Comptroller shall be placed before the Board together with the remarks of
the Finance Committee for approval and the Board may pass resolution with
reference thereto and communicate the same to the Comptroller who shall
take action in accordance therewith.
(4) The annual accounts shall be audited in the prescribed manner by
such auditors as the State Government may direct and the cost of such audit
shall be a charge on the University fund.
(5) The accounts when audited shall be printed and copies thereof,
together with the audit report, shall be submitted by the Vice -Chancellor to
the Board which shall forward them to the State Government with such
comments as may be deemed necessary.
(6) The University shall settle objection raised in the audit and carry
out such instructions as may be issued by the State Government on the
audit report.
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*** As amended and Substituted by the Maharshi Dayanand Saraswati
University (Amendment) Act, 2013 (Act No. 7 of 2013).
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36-A *Control of the State Government - Where the StatExcerpt shown. Open the full act in Lexace.
Lex