Maharishi University of Management and Technology Act, 2002
The Maharishi University of Management and Technology Act, 2002
1. Short title extent and commencement
Short title extent and commencement.
- (1) This Act may be called the Maharishi University of Management and Technology Act, 2002 (No. 10 of 2002).
- (2) It shall come into Force on such date as the Government of Chhattisgarh may, by notification, in the Official Gazette appoint.
2. Definitions
Definitions. 2. In this Act, unless the context otherwise requires,—
- (a) "Academic Council" means the Academic Council of the University;
- (b) "Academic Staff" means such categories of staff as are designated as academic staff by the Ordinance;
- (c) "Executive Council" means the Executive Council of the University;
- (d) "Board of Studies" means the Board of Studies of the University;
- (e) "Chancellor, Vice-Chancellor and Pro-Vice-Chancellor" means respectively the Chancellor, Vice-Chancellor and Pro-Vice-Chancellor of the University;
- (f) "College" means a college established and maintained by or affiliated to or recognised and admitted to as privileges by the University;
- (g) "Department" means a University Department recognised as such by Statutes;
- (h) "Distance Education System" means the system of imparting education through any means of communication such as broadcasting, telecasting, Satellite Internet correspondence courses, seminars, contact or the combination of any two or more such means;
- (i) "Employee" means any person appointed by the University and includes teachers and other staff of the University;
- (j) "Finance Committee" means the Finance Committee of the University;
- (k) "Hall" means a unit of residence or corporate life for the students of the University or of a college, campus or of an Institution maintained by the University;
- (l) "Institution" means an academic institution, not being a college maintained by the University;
- (m) "Planning Board" means the Planning Board of University;
- (n) "Recognised Institution" means an institution of higher learning recognised by the University;
- (o) "Recognised Teachers" means such persons as may be recognised by the University for the purpose of imparting instructions in a college or an Institutions maintained by the University or which is not maintained by the University;
- (p) "Regulations" means the regulations made by any authority of the University under this Act for the time being enforced;
- (q) "Statutes and Ordinance" means respectively the Statutes and Ordinances of the University under this Act;
- (r) "Teachers" include Professors, Readers, lecturers and such other persons as may be appointed for imparting instructions or conducting research in the University or in any College or Institution maintained by the University and are designated as teachers by the Ordinances; "Sponsoring Body" means the Maharishi Shiksha Sansthan, registered Society which will have the total control of the University;
- (t) "Students" means a student of the University, and includes any person who has enrolled himself for pursuing any course of study of the University;
- (u) "A Foreign Student" means a student who is not an Indian National;
- (v) "Campus" means a campus established, maintained or recognised by the University for the purpose of advising counseling, evaluating or for rendering any other assistance required by the student;
- (w) "University" means the Maharishi University of Management and Technology established under this Act;
- (x) "Year" means the twelve months period ending on 30th of June;
- (y) "Officers of the University" means officers as defined in Section 8 of this Act;
3. The University
The University. 3.
- (1) There shall be established a University by the name Maharishi University of Management and Technology.
- (2) The headquarters of the University shall be at Bilaspur in the State of Chhattisgarh and it may also establish campuses at such other places within its jurisdiction as it may deem fit.
- (3) The first Chancellor, Vice-Chancellor, Pro-Vice-Chancellor and the first members of the Executive Council, or Academic Council or Planning Board and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership are hereby constituted into a body corporate by the name of Maharishi University of Management and Technology.
- (4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.
4. Powers of the University
The University shall have the following powers: namely :-.
- (i) to provide for instruction in such branches of learning as the university may think fit, and to make provision for research and for the advancement and dissemination of knowledge in all fields, including in all the branches of Vedic learning and practices (e.g. Veda, Atharva Veda, Shiksha, Kalp, Vyakaran, Jyotish, Chhand, Nirukta, Nyaya, Vaisheshik, Sankhya, Vedanta, Mimansa, Yoga, Upanishad, Brahman, Aranyaka, Itihas, Puran, Ayurveda, Dhanurveda, Sthapatya Veda, Vangbhat Samhita, Sushrut Samhita, Charak Samhita, etc.
- (ii) to demand and receive payment of fees and other charges;
- (iii) to lay down conditions of service of all categories of employees, including their code of conduct;
- (iv) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed to the University, necessary;
- (v) to make arrangements for promoting the health and general welfare of the employees;
- (vi) to receive benefactions, donations and gifts and to acquire, hold, manage and dispose of any property, immovable or immovable including trust and endowment properties for the purposes of the University;
- (vii) to borrow on the security of the property of the University money for the purposes of the University; and
- (viii) to do all such other acts and things as may be necessary incidental or conducive for the attainment of all or any of its objects.
5. Jurisdiction of the University
The Jurisdiction of the University shall extend to the whole of the State of Chhattisgarh.
6. For distance education programmes this jurisdiction will not be applicable.
University to be open to all The University shall be open to all persons of either sex and of whatever caste, creed, race, class, place of domicile, it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the University or to hold any other office therein or be admitted as a student in the University or to graduate thereat or to enjoy or exercise any privilege thereof;
Provided that nothing in this section shall be deemed to prevent the University from making special provisions for the employment or promotion of educational interests of women, physically handicapped or persons belonging to the weaker sections of the society or the experts in any special field of knowledge.
7. Residence of Student
Every student of the University other than a student who pursues a course of study by distance education system, or as a day scholar, shall normally reside in a Hall or Hostel under such conditions as may be prescribed by the Act.
8. Officers of the University
The following shall be the officers of the University :
- (1) The Visitor;
- (2) The Chancellor;
- (3) The Vice-Chancellor;
- (4) The Pro-Vice-Chancellor;
- (5) The Deans of Faculties;
9. The Visitor
The Visitor shall have the right to cause an inspection to be made by such person or persons he may direct, of the University, its buildings, laboratories, and equipment and of any Institution maintained by the University and also of the examination, teaching and other work conducted by the University, and to cause an inquiry to be made in like manner in respect of any matter connected with the University.
The Visitor shall in every case give notice to the University of his intention to cause an inspection or inquiry to be made, and the University shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry.
The Visitor may address the Vice-Chancellor with reference to the result of such inspection and inquiry, and the Vice-Chancellor shall communicate to the Executive Council the views of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon.
The Executive Council shall communicate through the Vice-Chancellor to the Visitor such action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry.
Where the Executive Council does not, within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Executive Council, issue such direction as he may think fit and the Executive Council shall be bound to comply with such directions.
Without prejudice to the foregoing provisions of this Section the Visitor may, by order in writing, annul any proceeding of the University which is not in conformity with this Adhyadesh, the Statutes or the Ordinance:
Provided that before making may 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, shall consider the same.
10. First Chancellor, Vice-Chancellor and Pro-Vice-Chancellor
Maharishi Mahesh Yogi shall be the first Chancellor and shall hold office as Chancellor during his lifetime.
After the First Chancellor the Executive Council shall appoint a Chancellor from amongst persons of eminence and renowned scholar, who shall hold office for a term of five years and shall be eligible for reappointment.
The Chancellor shall be virtue of his office, be the Head of the University.
11. The Chancellor shall represent, preside at the convocation of the University held for conferring degrees, and may delegate such powers as and when may be necessary.
The Vice-Chancellor The Vice-Chancellor shall be appointed by the Chancellor in such manner as may be prescribed by the statutes.
The Vice-Chancellor shall be the principal executive and academic head of the University and shall exercise general supervision and control over the affairs of the University and shall implement the decisions of all the authorities of the University.
- (4) The Vice-Chancellor, if is of the opinion that any decision of any authority of the University is beyond the powers of authority conferred by the provisions of this Act, the statutes or the Ordinances, or that any decision taken is not in the interest of the University, may ask the authority concerned to review its decision within fifteen days of such decision and if either in whole or in part or no decision is taken by it within the said period of fifteen days, the matter shall be referred to the Chancellor whose decision thereon shall be final.
- (5) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Ordinances.
12. The Pro-Vice Chancellor
One or more Pro-Vice-Chancellor's may be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
13. Deans of Faculties
Dean of a Faculty shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
14. The Registrar
- (1) The Registrar shall be appointed in such manner as may be prescribed by the Statutes.
- (2) The Registrar shall have the power to enter into agreement, sign documents and authenticate records on behalf of the University and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
15. The Finance Officer
The Finance Officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
16. Manner of appointment and powers and duties of other officers
The Manner of appointment and powers and duties of the other officers of the University shall be prescribed by the Statutes.
17. Authorities of the University
The following shall be authorities of the University. namely :-
- (i) the Executive Council;
- (ii) the Academic Council;
- (iii) the Planning Board;
- (iv) the Board of Studies;
- (v) the Finance Committee; and
- (vi) such other authorities as may be declared by the Statutes to be the authorities of the University.
18. The Executive Council
- (1) The Executive Council shall be the principal executive body of the University and shall consists of :-
- (i) Vice-Chancellor;
- (ii) Pro-Vice-Chancellor;
- (iii) One Dean of Faculty of studies to be appointed by the Vice-Chancellor by rotation according to seniority;
- (iv) One Head of Department of the University or a College, to be nominated by the Vice-Chancellor by rotation according to seniority;
- (v) One Reader, who is not a Head, to be appointed by the Vice-Chancellor by rotation according to seniority;
- (vi) One Lecturer, to be appointed by the Vice-Chancellor by rotation according to seniority;
- (vii) Principal Secretary/Secretary, incharge of Higher Education Department or his nominee not below the rank of Deputy Secretary;
- (viii) Four persons of distinction from the fields of Industries or Commerce or Legal, Engineering or Medical Profession or in Vedic Education and from such other fields of public life to be nominated by the Chancellor;
- (ix) Four persons nominated by the Sponsoring Body- the Maharishi Shiksha Sansthan.
- (2) All members of the Executive Council, other than ex-officio members shall hold office for a period of three years from the date of their nomination or appointment as such.
- (3) Seven member of the Executive Council shall form quorum for the meeting of the Council.
19. Powers and functions of the Executive Council
- (1) The Executive Council shall have the power of management and administration of the concerns and property of the University and the conduct of all administrative affairs of the University not otherwise provided for.
- (2) Subject to the provisions of this Act, the Statutes and the Ordinances, the Executive Council shall in addition to all other powers vested in it, have the following powers, namely :-
- (i) 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, Readers, Lecturers and other academic staff and Principals of Colleges and Institutions maintained by the University; Provided that no action shall be taken by the Executive Council in respect of the number, qualifications and the emoluments of teachers and academic staff otherwise than those made after due consideration of the recommendations of the Academic Council;
- (ii) to appoint such Professors, Readers, Lecturers and other academic staff as maybe necessary and Principals of colleges and institutions maintained by the University on the recommendation of the selection committee constituted for purposes and to fill up temporary vacancies therein;
- (iii) to create administrative, ministerial and other necessary posts and to make appointments thereto in the manner prescribed by the Ordinances;
- (iv) to grant leave of absence to any officer of the University other than the Chancellor and the Vice-Chancellor and to make necessary arrangement for the discharge of the functions of such officer during his absence;
- (v) to regulate and enforce discipline among employees in accordance with the Statutes and the Ordinances;
- (vi) to manage and regulate the finances, accounts, investments properly, business and all other administrative affairs of the University and for that purpose to appoint such agent as it may think fit;
- (vii) to invest any money belonging to the University, including any unapplied income in such stocks, funds, shares or securities as it may think fit;
- (viii) to transfer or accept transfers of any movable or immovable property on behalf of the University;
- (ix) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University;
- (x) to enter into, vary, carry out and cancel contracts on behalf of the University;
- (xi) to entertain, adjudicate upon, to redress any grievances of the employees and if considered fit, students of the University who, for any reason, feel aggrieved;
- (xii) to appoint examiners and moderators and, if necessary to remove them, and to fix their fees, emoluments and travelling and other allowances, after consulting the Academic Council;
- (xiii) to select a common seal for the University and provide for the custody and use of such seal;
- (xiv) to make such special arrangements as may be necessary for the residence and discipline of women students;
- (xv) to delegate any of its powers to the Vice-Chancellor, the Pro-Vice-Chancellor, the Deans, the Registrar or the Finance Officer or such other employees or Authority of the University or to a committee appointed by it as it may deem fit;
- (xvi) to institute fellowships, scholarships, stipends, medals and prizes;
- (xvii) to institute and manage :-
- (a) a Printing, Publication and Translation bureau:
- (b) an Information Bureau; and
- (c) an Employment Bureau. (xviii) to provide for the appointment of visiting Professors, Emeritus Professors, Consultants and scholars and determine the terms and conditions of such appointments; and
- (xix) to exercise such other powers and perform such other duties as may be conferred or imposed on it by the Act or the Statues.
20. The Academic Council
- (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 the Ordinances, control and exercise general supervision over the academic policies and programmes of the University:
- (2) Its powers and functions shall be prescribed by the Statutes:
22. The Finance Committee
The Constitutions, Powers and functions of the Finance Committee shall be prescribed by the Statutes.
23. Other authorities
The Constitutions, powers and functions of other authorities, as may be declared by the Statutes to be the authorities of the University shall be prescribed by the Statutes.
27. Powers to make Ordinances
- (1) All Ordinances shall be made by the Vice-Chancellor with the previous approval of the Executive Council.
- (2) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matter, namely :-
- (a) the admission of students to the University and their enrolment as such;
- (b) the courses of study to be laid down for all degrees, diplomas and certificate of the University;
- (c) the medium of instruction and examinations;
- (d) the award of degrees, diplomas, certificates and other academic distinctions; the qualifications for the same and the means to be taken relating to the granting and obtaining of the same;
- (e) the fees to be charged for courses of study in the University and for admission to the examination degrees and diplomas of the University;
- (f) the conditions for award of fellowships, scholarships, stipends, medals and prizes;
- (g) the conduct of examinations including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators;
- (h) the conditions of residence of the students of University;
- (i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them;
- (j) the appointments and emoluments of employees other than those for whom provisions has been made in the statutes;
- (k) the establishment of Faculties, Departments, Colleges, Board of Studies, Special Centres, Special laboratories and other Committees;
- (l) the management of Colleges and Institutions established by the University;
- (p) the setting up of a machinery for redressing of grievances of employees; and
- (q) all other matters which by this Act or the Statutes are required to be provided for by the Ordinances.
30. Conditions of service
- (1) Every employee of the University shall be appointed under a written contract, which shall be lodged with a University and a copy of which shall be furnished to the employee concerned;
- (2) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council one member nominated by the employee concerned and an umpire appointed by the Chancellor;
- (3) The decision of the Tribunal in such matters shall be final;
- (4) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes.
32. Right to Appeal
Every employee or student of the University or of a college or institution maintained by the University shall, notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed by the Statute, to the Executive Council, against the decision of any officer or authority of the University or of the Principal of any college or institution, as the case may be, and thereupon the Executive Council may confirm, modify or set aside the decision appealed against.
33. Provident and pension fund
The University shall constitute for the benefit of its employees such provident or pension fund and provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes.
34. Disputes as to constitution of authorities and bodies
If any question arises as to 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.
35. Constitution of Committee
Where any authority of the University is given power by this Act or the Statutes to appoint committees such committees shall, save as otherwise provided consist of the members of the authority concerned and of such other person, if any, as the Authority in each case may think fit.
36. Filling of vacancies
All casual vacancies among the member (other than ex-officio members) of any authority or other body of the University shall be filled, as soon as may be, by the person or body who appointed, elected or co-opted the members whose place has become vacant and the person so appointed, elected or co-opted to the casual vacancy shall be a member of such authority or body for the residue of the term of the person whose place he fills.
37. Proceedings of University authorities or bodies not invalidated by vacancies
No act or proceeding of any Authority or other body of the University shall be invalid merely by reason of the existence of a vacancy among its members.
38. Protection of action taken in good faith
No suit or other legal proceeding shall lie against any officer or other employee of the University for anything which is done in good faith or intended to be done in pursuance of the provisions of this Act, the Statutes or the Ordinances.
39. Transitional provisions
Notwithstanding anything contained in this Act and the Statutes:
- (i) the first Vice-Chancellor shall be appointed by the Chancellor and the said officer shall hold office for a term of five years;
- (ii) the first Registrar and the first Finance Officer shall be appointed by the Chancellor and each of the said officers shall hold office for a term of three years;
- (iii) the first Executive Council shall be nominated by the Chancellor for a term of three years;
- (iv) the first Academic Council and the first Planning Board shall be nominated by the Chancellor for a term of three years; Provided that if any vacancy occurs in the above offices or Authorities, the same shall be filled by appointment or nomination, as the case may be, by the Chancellor and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held that office, if such vacancy had not occurred.
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