(xlvi)

Haryana Government Gazette

EXTRAORDINARY

Published by Authority

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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445&446

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447&448

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).

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

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)

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.

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 in 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.

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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.

(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 members, so long as

they continue to hold such office or membership.

(2)

The University shall have perpetual succession and a common seal with power to

acquire, hold and dispose of property and to contract, and may by the said name sue or be sued.

Territorial exercise

of powers.

(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.

(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 knowledge assigned to it within the territorial jurisdiction of the University which is

identical with or is a colourable imitation of any degree, diploma or certificate conferred, granted

or issued by the University.

(2)

Contravention of the provisions of sub-section (1) shall be 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

The University shall exercise the following powers and perform the following functions,

namely:-

(a) to provide for research and instruction in such branches of learning as the

University may think fit and to take such steps, as it considers necessary for the

advancement of learning and dissemination of knowledge;

(b) to hold examinations and grant such degrees, diplomas and other academic

distinctions or titles to persons as may be laid down in the Statutes, Ordinances or

Regulations;

manner laid down in the Statutes;

(d) to institute prizes, medals, research studentships, exhibitions and fellowships;

(e) to receive gifts, donations or benefactions from the Government and to receive

gifts, donations and transfers of movable or immovable property from

transferors, donors, testators, as the case may be; and to create such corpus fund

with the donations so received for the welfare of the University;

(f)

to institute principalship, professorship, associate professorship, assistant

professorship and to create other posts of any description required by the

University and to appoint persons to such posts;

(g) to co-operate with educational and other institutions in India and abroad

having objectives similar to those of the University in such manner, as may be

conducive to their common goals;

(h)

to provide instructions, including correspondence and such other courses to

such persons, as are not members of the University, as it may determine;

(i)

to recognize persons for imparting instructions in any college or institution

admitted to the privileges of the University;

(j) to maintain colleges located within the limits of the area referred to in

Sub-section (1) of section 4 or, subject to the provisions of sub-section (2) of that

section, admit to its privileges colleges not maintained by the University but

located within the said area and to withdraw the same;

(k) to 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 property belonging 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 have 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.

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(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 weaker sections of the society, in particular 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.

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.

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.

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 Chancellor of the

University.

(2)

The Chancellor shall be the head of the University.

(3)

The Chancellor shall, if present, preside over the convocation of the University for

conferring degrees and meetings of the Court.

(4)

The Chancellor shall have the right-

(i)

to cause an inspection to be made, by such person or persons as he may

direct, of the University, its buildings, laboratories and equipment and of

any college or institution maintained by the University and also of the

examinations, teaching and other work conducted or done by the

University; and

(ii)

to cause an inquiry to be made in like manner in respect of any matter

connected 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 Council shall communicate through the Vice-Chancellor to the

Chancellor such action, if any, as it proposes to take or has taken upon the result of such inspection

or inquiry.

(10)

Where the Executive Council does not, within a reasonable time, take action to the

satisfaction of the Chancellor, the Chancellor may, after considering any explanation furnished

or representation made by the Executive Council, issue such directions, as he may think fit and the

Executive Council shall comply with such directions.

(11)

Without prejudice to the foregoing provisions of this section, the Chancellor

may, by order in writing, annul any proceeding of the University, which in his opinion is not in

conformity with this Act, the Statutes, 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 decision of the

Executive Council or the Vice-Chancellor in respect of any disciplinary action taken against

him, may address a memorial to the Chancellor in such manner, as may be prescribed by Statutes

and the decision 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 provide 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 office of the Vice-Chancellor falls

vacant due to death, 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 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.

Vice-Chancellor.

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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 powers under this

section shall record in writing the reasons, why the matter cannot wait till the meeting of the

authority concerned:

Provided further that if the authority concerned is of the opinion that such action

ought not to have been taken, it may refer the matter to the Chancellor, whose decision thereon

shall be final:

Provided further that any person in the service of the University who is aggrieved

by the action taken by the Vice-Chancellor under this sub-section shall have the right to represent

to the Executive Council within one month from the date on which decision on such action is

communicated to him and thereupon 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 powers and duties of other officers 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 programmes 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 body of the University

and shall, subject to the provisions of this Act, the Statutes and Ordinances, co-ordinate and

exercise general supervision over all academic policies of the University.

(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 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;

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 other 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 in terms of the Statutes set out in the

Scheduled referred to above.

Statutes how made.

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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, degrees and diplomas of the University and

further to make progressively the fee structure so flexible that the courses could

become self-financing to the extent possible;

(c)

the conditions under which students shall be admitted to the degree, 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 and 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 giving details of 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 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 published 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 Council. Any

observations made by the Chancellor on the annual accounts shall be brought to the notice of

the Court and observations of the Court, if any, shall after being considered by the Executive

Council, be submitted to the Chancellor.

(2)

The annual accounts and the balance sheet of the University shall also be

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

of case.

Vacancy not to

invalidate

proceedings.

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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 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.

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153

THE SCHEDULE

(Statutes of Maharishi Balmiki Sanskrit University, Kaithal)

(see section 24)

(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.

(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 shall 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 vacancy,

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.

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(v)

An appeal shall lie to the Vice-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.

The following persons in the service of the University are also declared 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.

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.

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 prescribed by the Statutes. He shall

discharge such duties, as may be assigned to him by the Vice-Chancellor, from time to time.

Finance Officer.

(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 performed 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 including

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;

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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 irregularities and suggest action to be taken against the

person responsible for it;

(h)

call for from any officer, centre, laboratory, college or institution

maintained by the University, any information or returns that he may

consider necessary for the performance of his duties.

(6)

The receipt of the Finance Officer or of the person duly authorized in this behalf by

the Executive Council for any money payable to the University shall be sufficient discharge for

payment of such money.

(1)

The Controller of Examinations, shall be whole-time salaried officer of the

University and shall be appointed by the Executive Council, on the recommendations of the

Establishment Committee, on such terms and conditions, as may be prescribed by Executive

Council.

(2)

It shall be the duty of the Controller of Examinations-

(a)

to conduct examinations in a disciplined and efficient manner;

(b)

to arrange for the setting of papers with strict regard of secrecy;

(c)

to arrange for the evaluation of answer-sheets in accordance with the

planned time schedule for results;

(d)

to constantly review the system of examinations in order to enhance the

level of impartiality and objectivity with a view to make it better instrument

for assessing the attainments of students;

(e)

to perform such functions as are connected with the system of examinations

which may, from time to time, be assigned to him by the Vice-

Chancellor.

Controller of

examinations.

The Librarian shall be whole-time salaried officer of the University and shall be appointed

by the Executive Council on the recommendations of the Establishment Committee, on such

terms and conditions, as may be prescribed by the Executive Council.

Librarian.

(1)

The Court shall consist of following members, namely:-

(a)

Ex-Officio Members-

(i)

Chancellor;

(ii)

Vice Chancellor;

(iii)

The Principal Secretary to Government, Haryana, Finance

Department, or a nominee not below the rank of Director/Joint

Secretary;

(iv)

The Principal Secretary to Government, Haryana, Higher Education

Department or a nominee not below the rank of Deputy Director;

(v)

Director Higher Education or his absence a nominee not below the

rank of Deputy Director;

(vi)

Director General Health Services or his nominee not below the rank

of Joint Director;

(vii)

The Director of Technical Education, Haryana or his nominee not

below the rank of Joint Director;

Court and its

constitution.

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(viii) Dean of Faculties;

(ix)

Dean of Colleges;

(x)

Registrar;

(xi)

Dean of Students’ Welfare, if any;

(xii)

Controller of Examinations;

(xiii) Dean of Academic Affairs;

(xiv) Librarian;

(xv)

Finance Officer;

(b)

Other members-

(i)

two members to be elected by the Haryana Legislative Assembly

from amongst its members;

(ii) professors of the University not exceeding ten on the basis of

seniority by rotation;

(iii)

five teachers to be elected from amongst the Associate Professors

and Assistant Professors of the University of whom at least two

shall be Associate Professors;

(iv) one principal from the colleges admitted to the privileges of the

University, on the basis of seniority, by rotation;

(v)

one principal to be elected from amongst themselves by the

principals holding their posts in substantive capacity in Colleges,

other than colleges of education, included in each of the four zones

to be demarcated by the Vice-Chancellor;

(vi)

four teachers other than principals to be elected from amongst

themselves by the teachers holding their posts in a substantive

capacity in colleges included in each of the four zones to be

demarcated by the Vice-Chancellor:

Provided that not more than one teacher under this sub-clause,

shall belong to any one college.

(vii) Secretary, Maharishi Balmiki Sanskrit University, Kaithal Students’

Union and two secretaries to be elected from amongst themselves by

secretaries to be elected from amongst themselves by secretaries of

the Students’ Union in Colleges in the State for the period from the

date of election till the 31st May of the academic year;

(viii) fifteen representatives (ten from amongst eminent academicians and

five representatives from Sanskrit Literature and its connected fields;

(ix)

one of the principals of colleges maintained by the University, by

rotation for a term of three years;

(x)

two persons elected from amongst themselves by the

representatives of the managements of non-Government colleges.

The representatives of the managements shall be from amongst the

members of the concerned managements.

(c)

(1)

The Registrar shall be Member-Secretary of the Court:

Provided that no salaried servant of the University, including its

allied institutions, shall be eligible for election or nomination under any of the

preceding sub-clauses except sub-clauses (ii) to (vi) and (ix) and that if any person

elected or nominated under any of the preceding sub-clauses except sub-clauses (ii)

to (vi) and (ix) is subsequently appointed to any salaried post in the University or

its allied institutions, he shall cease to be a member of the Court:

Provided further that no person shall be eligible for nomination or

election to the Court except under sub-clause (vii) unless he has attained the age of

twenty-five years.

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157

(2)

Save as otherwise expressly provided, the members of the Court

other than ex-officio members, shall hold office for a term of two years.

(3)

At all meetings of the Court, two-fifth of the members shall form a

quorum.

(4)

If the required number of members for purposes of quorum is not

present within half-an-hour after the appointed time of the meeting, the meeting

shall not be held and the Registrar shall make a record of that fact.

(5)

The method of election shall be by simple majority voting by ballot

and the election shall be conducted in accordance with the rules framed by the

Vice-Chancellor.

10.

(1)

The Court shall meet at least once a year on a date to be fixed by the Vice-

Chancellor.

(2)

A special meeting of the Court may be convened at any time by the Chancellor or

the Vice-Chancellor on a written request by one-third of its members.

Meeting of court.

11.

(1)

The Executive Council shall consist of the following persons, namely:-

Ex-officio-members-

(i)

The Vice-Chancellor;

(ii)

The Principal Secretary to Government, Haryana, Finance Department,

or a nominee not below the rank of Director/Joint Secretary;

(iii) The Principal Secretary to Government, Haryana, Higher Education

Department, or a nominee not below the rank of the Deputy Director;

(iv)

The Principal Secretary to Government, Haryana, Technical Education

Department or a nominee not below the rank of Director/Joint Secretary;

II. Other members-

(a)

Five Deans of the Faculties one from each of the following categories;

(i)

Dean, Faculty of Sanskrit Literature;

(ii)

Four Deans, from Faculties of Indic Languages and others as

prescribed by statutes;

(b)

Dean Academic Affairs;

(c)

two principals (other than the Deans of Faculties) of colleges, out of whom

one shall be from a women’s college, by rotation, on the basis of

seniority of age;

(d)

one teacher (other than a principal) of a college to be elected by the

members of the Court from amongst themselves;

(e)

one out of the professors of the University Teaching Departments other

than the Deans under sub-clause (a), by rotation for one year, on the basis

of seniority;

(f)

two teachers of the University Teaching Departments other than professor

to be elected from amongst themselves out of whom at least one shall be

Associate Professor;

(g)

four persons as the Chancellor’s nominee from amongst distinguished

educationists of national or international eminence or distinguished

serving/retired civil servants.

(2)

The Registrar shall be ex-officio Secretary of the Executive Council.

(3)

Two-fifths of the members shall form a quorum.

(4)

Save as otherwise expressly provided, the members of the Executive Council,

other than ex-officio members shall hold office for a term of two years.

(5)

Any member who ceases to hold the qualifications by virtue of which he was

elected or nominated as member to the Executive Council shall cease to be a member thereof.

Executive council

and its constitution.

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Decision of

Executive

Council.

12.

Any decision of the Executive Council in the matters involving additional financial

liability and those relating to the annual budget of the University shall hold good only if at least

one representative of the Government is present at the time of taking such decision and has

consented to that decision.

Power of

Executive

Council.

13.

The Executive Council shall exercise the following powers, namely:-

(a)

to hold, control and administer the revenue, property and funds of the University;

(b)

to create teaching and academic posts, to determine the number and emoluments of

such posts and to define the duties and conditions of service of professors,

associate professors, assistant professors and other academic staff and principals of

colleges and institutions maintained by the University:

Provided that in the matters of creation of new posts involving additional

financial liability shall hold good only if the representative of the Government.

Finance Secretary or in his absence, his representative and Secretary, Education or

in his absence his representative is present at the time of taking such decision and

has consented to that decision:

Provided further that in case the Government representative from the

Finance or Higher Education Department is not present in two consecutive

meetings even after the proper notice, then the Executive Council may approve the

proposal regarding creation of posts:

Provided further that in respect of the number, qualifications and the

emoluments of teachers and academic staff, the Executive Council shall take action

after consideration of the recommendations of the Academic Council and the

Finance Committee;

staff and principals of colleges and institutions maintained by the University, on

the recommendations of the Selection Committee constituted for the purpose and to

fill in temporary vacancies therein;

(d)

to create administrative, ministerial and other posts and to make appointments

thereto, in the manner prescribed by the Statutes;

(e)

to manage and regulate the finances, accounts, investments, property, business

and all other administrative affairs of the University and for that purpose to appoint

such agents, as it may think fit;

(f) to invest any money belonging to the University including any unapplied income in

such stocks, funds, shares or securities as it shall, from time to time think fit or in

the purchase of immovable property in India with like powers of varying such

investments from time to time;

(g)

to transfer or accept transfer of any movable and immovable property on

behalf of the University;

(h)

to provide buildings, premises, furniture and apparatus and other means needed for

carrying on the work of the University;

(i)

to select a common seal for the University;

(j)

to delegate any of its powers to the Vice-Chancellor, the Registrar or such other

employee or authority of the University or to a committee appointed by it, as it may

deem fit;

(k)

to enter into, vary, carry out, or cancel contracts on behalf of the University;

(l)

to make, amend or repeal the Statutes;

(m)

to make decisions regarding maintenance of discipline among students;

(n)

to exercise all powers of the University not otherwise provided for by the Act, the

Statutes, or the Ordinances.

Academic Council

and its

Constitution.

14.

(1)

The Academic Council shall consist of the following persons, namely:-

Ex-officio members-

(i)

The Vice-Chancellor;

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159

(ii)

The Director, Higher Education, Haryana or the Joint Director

(Colleges), Haryana or any nominee of the Director, Higher Education

not below the rank of Deputy Director;

(iii)

The Registrar;

(iv)

The Dean of Faculties;

(v)

The Dean, Students’ Welfare, if any;

(vi)

The Dean, Academic Affairs;

(vii)

The Dean of Colleges;

(viii) The Chairpersons of the Departments;

(ix)

The Chief Warden of University Hostels;

(x)

The Proctor;

(xi)

The Controller of Examinations, if any;

(xii)

The Librarian of the University Library;

(xiii) One out of the principals of colleges affiliated by the University, by

rotation, provided that he is not a member of the Executive Council;

(xiv) Professor(s) Emeritus appointed by the University/ Emeritus Fellow

appointed by the University Grants Commission (but without having

right to vote or seek election).

II.

Other members-

(i)

one professor appointed by the University from each Department, by

rotation, on the basis of seniority;

(ii)

one University Associate Professor from each faculty, by rotation, on the

basis of seniority;

(iii)

one University Assistant Professor from each faculty, by rotation, on

the basis of seniority;

(iv)

one principal and three teachers to be elected from amongst themselves

by the principals and teachers respectively, holding their posts in

substantive capacity in the colleges included in each of the constituencies

mentioned below:-

(a)

Government colleges, other than the colleges of Education;

(b)

Non-Government colleges, other than the colleges affiliated to the

University, in each of the four zones to be demarcated by the

Vice-Chancellor:

Provided that not more than one teacher elected under this clause

shall belong to any one college;

(v)

five educationists of national or international eminence to be nominated

by the Vice-Chancellor, from outside the University:

provided that not more than one of them shall be from the same

field;

(vi)

three persons elected by the Court from amongst its own members;

(vii)

President, Maharishi Balmiki Sanskrit University, Kaithal Students’

Union and two presidents to be elected from amongst themselves by the

presidents of the Students’ Unions in the colleges for the period from the

date of election till 31st May of the Academic Year:

Provided that the members coming under this sub- clause shall not

participate in the meeting at the time the Academic Council considers the

appointment of examiners.

(2)

The Registrar shall be the Member-Secretary of Academic Council.

(3)

Two-fifths of the members will form a quorum.

(4)

Save as otherwise expressly provided, the members of the Academic Council,

other than ex-officio members, shall hold office for a term of two years.

(5)

The method of election shall be by simple majority voting by ballot and the

elections shall be conducted in accordance with the rules framed by the Vice-Chancellor.

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Powers of

Academic

Council.

15.

(1)

The Academic Council shall exercise the following powers, namely :-

(a) to exercise general supervision over the academic policies of the University

and to give directions regarding methods of instruction, co-operative

teaching among colleges and institutions, evaluation of research or

improvements in academic standards;

(b) to consider matters of general academic interest either on its own initiatives

or on a reference by the Chancellor, the Vice-Chancellor, the Executive

Council or a Faculty and to take appropriate action thereon;

(c)

to recommend to the Executive Council, the creation and abolition of

teaching posts;

(d)

to prescribe syllabi and courses of study for various examinations on the

recommendations of the faculties;

(e) to frame such regulations consistent with the Statutes and Ordinances

regarding the academic functions of the University, discipline, residence,

admissions, awards of fellowships, studentships, scholarships, medals and

prizes, fee concessions, corporate life and attendance; and

(f) to exercise such other powers and perform such other duties, as may be

conferred or assigned to the Academic Council by this Act, the Statutes, or

the Ordinances.

(2)

All decisions of the Academic Council concerning syllabi, courses of studies and

conducting of examinations in so far as they are not provided for by the Statutes

and Ordinances shall be final.

Composition of

Finance

Committee.

16.

(1)

The Finance Committee shall consist of the following persons, namely:-

(I) Ex-officio members-

(a)

the Vice- Chancellor (Chairperson);

(b)

the Principal Secretary to Government, Haryana, Finance Department or a

nominee not below the rank of Director/Joint Secretary;

(c)

the Principal Secretary to Government, Haryana, Higher Education

Department or a nominee not below the rank of the Deputy Director;

(d)

the Principal Secretary to Government, Haryana, Technical Education

Department or a nominee not below the rank of the Director/Joint Secretary;

(II) Other members –

(a)

one outside member having expertise in finance to be nominated by the

Chancellor on the recommendation of the Vice- Chancellor;

(b)

two Deans of Faculities to be nominated by the Vice-Chancellor.

(2)

The Registrar shall be the Member- Secretary of the Committee.

(3)

Nominated members of the Finance Committee shall hold office for a term of two

years.

(4)

Three members, out of whom at least one member shall be a Government nominee,

shall form the quorum.

Functions and

powers of Finance

Committee.

17.

(1)

The Finance Committee shall examine the accounts and scrutinize the proposals for

expenditure and shall submit the annual budget to the Executive Council for approval. No

expenditure in the budget shall be incurred by the University without the prior approval of the

Finance Committee which shall fix limits for the total recurring and non- recurring expenditure

for the year based on the resources and the income of the University. No expenditure shall be

incurred by the University in excess of the limits so fixed.

(2)

It shall examine and recommend to the Executive Council the creation of teaching

and other posts.

(3)

The annual accounts and the official estimate of the University shall be laid before

the Finance Committee for its consideration and comments thereon and thereafter submitted to

the Executive Council for approval.

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161

18.

There shall be the following Faculties, namely:-

(i)

Faculty of Sanskrit Language;

(ii)

Faculty of Indic Language;

(iii)

Faculty of Social Sciences;

(iv)

Faculty of Vedveda;

(v)

Faculty of Literary culture;

(vi)

Faculty of Philosophy;

(vii)

Faculty of Ayurveda;

(viii) Faculty of Encyclopedia.

Faculties.

19.

(1)

Each Faculty shall consist of –

(i) Dean of the Faculty (Chairperson);

(ii)

Chairman of the Departments included in that Faculty;

(iii) One professor from each Department on the basis of seniority by rotation;

(iv) One associate professor and one assistant professor appointed or recognized

by the University in the Departments included in the Faculty by rotation

according to seniority;

(v) Two principals of affiliated colleges admitted to the privileges of the

University on the basis of seniority by rotation.

(2)

Members nominated shall hold office for a period of two years:

Provided that the Executive Council, at the request of the Academic Council,

may increase the number of members of a Faculty.

(3)

Branch In-charge of the Academic Branch not below the rank of Assistant

Registrar may act as Secretary of the Faculties.

(4)

Two–fifths of the members in each Faculty shall form the quorum.

Constitution of

Faculties.

20.

(1)

There shall be a Dean of each Faculty who shall be appointed by the Vice-

Chancellor. The Dean shall be appointed in rotation on the basis of seniority amongst the

professors in various Departments comprising the Faculty:

Provided that a professor appointed as Dean shall get his next turn after all the

professors in the Faculty have been appointed as Dean in order of their seniority:

Provided further that in case there is no professor in the Faculty, the Dean shall be

appointed from amongst the Associate Professor in the concerned Departments.

(2)

Suitable remuneration shall be attached to the office of the Dean who shall hold

office for a term of three years.

(3)

The Dean shall convene meetings of the Faculty and shall preside over them.

(4)

The Dean shall be responsible for the co-ordination of teaching therein and the

execution of the decisions of the Faculty.

(5)

The Dean shall have the right to be present and to take part in discussion at any

meeting of committee of the Faculty.

Deans of

Faculties.

21.

Subject to control of the Academic Council, the powers of the Faculty shall be-

(a) to co-ordinate teaching and research work of the University in the Departments

assigned to the Faculty;

(b) to recommend to the Academic Council courses of studies and syllabi for the

different examinations after necessary report from the Boards of Studies;

(c ) to receive reports from the Departments for the creation and abolition of posts and

to forward them to the Academic Council with such recommendations, as it may

consider reasonable;

(d)

to discuss and suggest to the Academic Council, schemes for the advancement of

standards of teaching and examinations; and

(e) to deal with any matter that may be referred to it by the Academic Council or the

Vice-Chancellor or the Dean of the Faculty.

Powers of

Faculty.

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HARYANA GOVT. GAZ. (EXTRA.), MAY. 9, 2018 (VYSK. 19, 1940 SAKA)

Chairperson of

Department.

22.

(1)

Each teaching department shall have a Chairperson who shall be appointed by the

Vice-Chancellor for a period of three years by rotation:

Provided that-

(a) if a Department has two or more professors, the Chairpersonship

shall rotate by seniority only among the professors:

Provided that a professor appointed as Chairman shall get his next

turn after all the professors in the Department have been appointed as

Chairperson in order of their seniority;

(b)

if a Department has only one professor, the Chairpersonship shall rotate

between the professor and the senior-most Associate Professor;

(c)

if a Department has no professor, the Chairpersonship shall rotate between

the two senior–most Associate Professor;

(d)

the Vice-Chancellor, if he considers it necessary for any administrative

reason, may deviate from the principle of seniority, in which case he shall

report the matter to the Executive Council at its next meeting .

(2)

In the case of a Department where no teacher is eligible for appointment as

Chairperson or for such Departments where instruction is imparted only upto the under–graduate

level in the colleges, the Dean of the concerned Faculty shall be the Chairperson.

(3)

In case a senior person is on long leave, the next eligible person shall be appointed

as Chairperson of the Department and he shall continue as such till the completion of his term,

even if the senior person returns from leave during that period. However, the senior person shall

be eligible for appointment as Chairperson after the expiry of the term of the present incumbent.

(4)

In case the Chairperson of the Department by reason of illness, absence or any

other cause, is unable to perform the duties of his office, the duties of the office shall be

performed by the next eligible person, unless, the Vice- Chancellor orders otherwise.

(5)

In case a person refuses to accept the offer of appointment as Chairperson or

resigns on his own, he shall not be eligible for appointment as Chairperson of the Department till

his turn comes again after the completion of the rotation circle among the eligible teachers.

(6)

If the Vice- Chancellor deems it necessary, he may appoint the next eligible person

as Chairperson irrespective of the fact that the term of the present Chairperson has not yet

expired, in such case, he shall report the matter to the Executive Council at its next meeting.

Appointments.

23.

(1)

All appointments to teaching posts shall be made by the Executive Council on the

recommendations of the Selection Committee.

(2)

Appointments to Group A posts (non-teaching/technical) shall be made by the

Executive Council, on the recommendation of the Establishment/Selection Committee.

(3)

(i)

Appointments to posts other than Group A shall be made by the

Vice-Chancellor after complying with the due procedure laid down in the

rules or orders.

(ii)

Appointments on daily wages in respect of Group C and D employees shall

be made by the Registrar after complying with the due procedure laid down

in the rules or orders;

(4)

Notwithstanding anything contained in clauses (1), (2) and (3) above, the

Vice-Chancellor may, where he considers necessary, make an adhoc or temporary appointment

for a period not exceeding six months, if it is not possible or desirable to make regular

appointment. Where the appointing authority is the Executive Council, the decision taken by the

Vice-Chancellor shall be reported to the Executive Council in its next meeting.

Selection

Committee.

24.

(1)

A Selection Committee for any appointment of Professor/ Associate

Professor/Assistant Professor specified below shall consist of –

(i)

The Vice-Chancellor;

(ii)

The Dean of the Faculty;

(iii)

The Chairperson of the Department concerned, if he is a Professor ;

(iv)

The senior–most Professor in the Department except where otherwise

decided by the Vice- Chancellor;

HARYANA GOVT. GAZ. (EXTRA.), MAY. 9, 2018 (VYSK. 19, 1940 SAKA)

163

(v)

Three persons not connected with the University, nominated by the

Vice- Chancellor from a panel of names drawn up by the Academic

Council on the basis of their special knowledge of , or interest in the

subject with which the person is concerned :

Provided that the Vice- Chancellor may add more names to the

panel in special circumstances and report these to the Academic Council

at its next meeting.

(vi)

An Academician, who is nominee of the Chancellor.

(2)

The panel of names drawn up by the Academic Council and the additions, if

any, made thereto by the Vice-Chancellor, as provided in the Statutes, shall be subject to

approval of the Chancellor:

Provided that in case one of the experts fails to turn up at Selection Committee,

after accepting the invitation to attend the same, the proceedings of the meeting shall not be

invalidated:

Provided further that the proceedings of the meetings of a Selection Committee

shall not be invalidated in case of any of the ex- officio members of the Selection Committee

fails to attend the meeting.

(3)

The Vice- Chancellor shall preside over at the meetings of a Selection

Committee and the Registrar shall act as its Secretary. The meeting of a Selection Committee

shall be convened by or under the directions of the Vice-Chancellor.

(4)

The Selection Committee shall consider and submit to the Executive Council the

recommendations as to the appointment referred to it. If the Executive Council is unable to

accept the recommendations made by the Committee, it shall record its reasons and submit the

case to the Chancellor for final orders.

(5)

Notwithstanding anything contained in Statutes, the Executive Council may

invite a person of high academic distinction and professional attainments to accept a post of

Professor in the University, on such terms & conditions as it deems fit and on the person

agreeing to do so, appoint him to the post.

25.

The constitution of the Establishment Committee shall be such as determined by the

Ordinances.

Establishment

Committee.

26.

(1)

The Academic Planning Board shall consist of –

(a)

the Vice-Chancellor;

(b)

not more than seven persons of high standing in education who shall be

appointed by the Chancellor on the recommendations of the Vice-

Chancellor for a term of two years;

(c)

the Registrar, who shall be the Secretary to the Board.

(2)

The recommendations of the Board shall be implemented after they are

approved by appropriate authorities of the University.

(3)

It shall advise on the planning and development of the University particularly in

respect of the standards of education and research in the University.

Constitution and

functions of

Academic Planning

Board.

27.

Convocation of the University for conferring of degrees and for other purposes shall be

held in such manner, as may be laid down by the Executive Council from time to time, by

means of an Ordinance:

Provided that every proposal to confer an honorary degree shall be subject to the

confirmation of the Chancellor.

Convocation.

28.

There shall be University Teaching Departments duly created by the Academic Council

on the recommendation of the Vice- Chancellor in the various Faculties of the University.

Departments.

29.

The Departments of Studies shall be assigned to various Faculties by the Academic

Council on the recommendation of the Vice- Chancellor.

Assignment of

Department of

Studies to Faculities.

30.

(1)

Every Department included in a Faculty, shall have two Boards of Studies, one

for under- graduate studies and the other for post- graduate studies and research.

(2)

The Board of under-graduate studies shall consists of-

(i)

the Chairperson of the Department;

Board of Studies.

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HARYANA GOVT. GAZ. (EXTRA.), MAY. 9, 2018 (VYSK. 19, 1940 SAKA)

(ii)

one professor appointed or recognized by the University in the Department,

to be nominated by the Vice-Chancellor, by rotation, according to seniority;

(iii)

one associate professor and one assistant professor appointed or recognized

by the University in the Department, to be nominated by the Vice-

Chancellor, according to seniority:

Provided that no such teacher shall be nominated for two consecutive

terms:

Provided further that a teacher who has been nominated as a member

of the faculty shall not be nominated under this sub-clause.

(iv)

six teachers (including principals) from the affiliated colleges in the

subject concerned, to be nominated by the Vice- Chancellor, by rotation,

according to seniority, to be determined by the length of teaching

experience ensuring that there is not more than one such member

from any one college;

(v)

two outside experts to be nominated by the Vice- Chancellor on the

recommendation of the Chairperson of the Department:

Provided that the Executive Council at the request of the Academic Council may

increase the number of members of a Board of under-graduate studies, under sub-clause (iv)

above.

(3)

The Board of post-graduate studies and research shall consist of-

(i)

the Chairperson of the Department;

(ii)

all the professors appointed or recognized by the University in the

Department;

(iii)

two Associate Professors and two Assistant Professors appointed or

recognized by the University in the Department to be nominated by the

Vice-Chancellor by rotation according to seniority;

(iv)

two teachers including the Heads of the Post- Graduate Departments in

affiliated colleges admitted to the privileges of the University in the subject

concerned with at least ten years teaching experience, out of which five

years shall be as a post-graduate degree teacher, to be nominated by the

Vice-Chancellor, by rotation according to seniority to be determined by the

length of post- graduate teaching experience:

Provided that if the number of affiliated colleges having Post-

Graduate Department is more than six, then one more teacher of the subject

concerned shall be nominated but not more than one such member shall be

from the same college.

(v) two outside experts to be nominated by the Vice-Chancellor, on the

recommendation of the Chairman of the Department:

Provided that the Executive Council at the request of the Academic

Council, may increase the number of members of a Board of post-graduate

studies under sub-clause (iv) above.

(4)

(i)

The Board of under-graduate studies shall recommend to the Academic

Council, through the Faculty concerned, courses and syllabi of studies and

text books for the various subjects for under-graduate courses and the Board

of post-graduate studies shall make such recommendations in respect of the

courses for post-graduate classes and research degrees.

(ii) The Boards of Studies shall also make recommendations to the Academic

Council, regarding the appointments of paper setters and examiners for the

under-graduate or the post-graduate courses, as the case may be.

(iii) The Board of Studies shall deal with any other matter that may be referred

to them by the Faculty. The Chairperson of the Department shall be the

Chairperson of the Board. Members, other than ex- officio members, shall

hold office for a term of two years:

Provided that a person whose book or any other publication is to be

the subject of consideration before the Board, shall not be attached to the

Board:

HARYANA GOVT. GAZ. (EXTRA.), MAY. 9, 2018 (VYSK. 19, 1940 SAKA)

165

Provided further that a person who, in one way or the other, is

involved in publication of cheap notes, guides or help books shall not be

eligible to be a member of a Board of Studies.

31.

A degree, diploma, certificate and other academic distinctions may be withdrawn by the

University-

(a) if the candidature of the person concerned has been cancelled or result quashed in

accordance with the manner laid down by the Ordinance; or

(b) if the candidate has misbehaved at a convocation of the University:

Provided that the question whether a person has misbehaved in terms of this

Statute shall be finally decided by the Vice- Chancellor; or

person on whom a degree or diploma etc. was conferred by the University has been

convicted of what is in their opinion a serious offence, the Academic Council may

recommend to the Executive Council that such a degree or diploma be cancelled.

Withdrawal of

degree/diploma

etc.

32.

Approval, recognition to a teacher may be withdrawn by the University-

(a) if the teacher fails to perform duties in accordance with the manner laid drawn by

the Ordinances;

(b) if sufficient evidence is laid before the Executive Council that the teacher has

committed an act which in their opinion is a serious offence, the Executive Council

may withdraw approval, recognition of the teacher.

Withdrawal of

approval,

recognition of

teachers.

33.

The University shall provide for the benefits of its officers, teachers and other employees,

gratuity, ex- gratia grant etc. on the pattern of the Government.

Gratuity, ex-gratia

grant etc.

34.

The number and value of fellowships, scholarships, medals and prizes to be awarded shall

be determined by the Executive Council either on its own initiative or on the recommendations

of the Academic Council or the Finance Committee.

Fellowship,

scholarship,

medals and prizes.

35.

(1)

Notwithstanding anything contained in these Statutes, a person, who is a member

of any authority or body of the University in his capacity as a member of a particular authority or

body or as a holder of particular appointment, shall hold office so long only as he continues to be

a member of that particular authority or body of the holder of that particular appointment, as the

case may be:

Provided that teacher-member of any authority or body of the University who

resigns his services or proceeds on leave for six months or more shall cease to be a member of

the respective body and a substitute shall be appointed. If the period of his leave is less than six

months, his membership shall be held in abeyance till his return or the expiry of the period of six

months, whichever is later. No substitute member shall be appointed or elected, where the

membership is held in abeyance.

(2)

If a teacher is on leave for a period of six months or more, he shall not be eligible

for nomination or re-election for that particular vacancy. He shall, however, be eligible for

nomination or election in a vacancy which may arise after his return from leave.

Limitation of

terms of

membership.

36.

Notwithstanding anything contained in these Statutes or the Ordinances of the University,

no person, who has been convicted of any offence involving moral turpitude or has been

dismissed for misconduct from a Government or Semi-Government institution or from a

university or an educational institution of any kind, shall be eligible to become, or to continue as

a member of any authority of the University or of any committee appointed by the

University. A person under suspension shall not be allowed to sit in any meeting of the above

authorities or committees during the period of his suspension.

Termination of

membership etc.

37.

If a person is debarred by the Academic Council from any work of the University on

account of any kind of malpractice on his part in connection with a University examination,

such a person shall be disqualified to become, or to continue as a member of any body or

authority of the University so long as the bar lasts.

Disqualification

of membership.

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HARYANA GOVT. GAZ. (EXTRA.), MAY. 9, 2018 (VYSK. 19, 1940 SAKA)

Delegation of

administrative and

financial powers.

38.

(1)

The officers, teachers and other employees of the University may exercise, subject

to the control of the Vice-Chancellor and the superior officers concerned, such administrative

and/ or financial powers, as the Executive Council may delegate through Ordinances or Rules or

Regulations or by resolutions adopted by it.

(2)

The Vice-Chancellor or the Registrar with the approval of the Vice-Chancellor may

delegate to an officer, teacher or any other employee of the University such powers, as he

considers necessary, which have been vested in them by the Statutes, Ordinances and

Regulations.

KULDIP JAIN,

Secretary to Government, Haryana,

Law and Legislative Department.

56265—L.R.—H.G.P., Chd.