The Deen Bandhu Chhotu Ram University of Science and Technology Murthal Act, 2006

1. (1) This Act may be called the Deen Bandhu Chhotu Ram University of Science and Technology Murthal Act, 2006.
2. (2) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.

In this Act and in all the Statutes, Ordinances and Regulations made thereunder, unless the context otherwise requires,-

1. (a) "All India Council for Technical Education" means All India Council for Technical Education established under the All India Council for Technical Education Act, 1987 (Central Act 52 of 1987);
2. (b) "Council of Architecture" means the Council constituted under section 3 of the Architects Act, 1972 (Act 20 of 1972);
3. (c) "Council of Scientific and Industrial Research" means the Council of Scientific and Industrial Research, New Delhi, an agency of the Central Government;
4. (d) "Department of Science and Technology" means the Department of Science and Technology of the Central Government;
5. (e) "employee" means any person appointed by the University, and includes teachers and all other staff of the University;
6. (f) "fees" means fees recognised by the University from the students, of whatever name it may be called, which is not refundable;
7. (g) "Government" means the Government of the State of Haryana;
8. (h) "Schedule" means Schedule appended to this Act;
   • (i) "Statutes", "Ordinances" and "Regulations" mean respectively the Statutes, Ordinances and Regulations of the University made under this Act;
9. (j) "University" means Deen Bandhu Chhotu Ram University of Science and Technology Murthal, as incorporated under this Act;
10. (k) "University Grants Commission" means the Commission established under section 4 of the University Grants Commission Act, 1956 (Central Act 3 of 1956);
11. (l) "University teachers" means professors, readers, lecturers and such other persons as may be appointed for imparting instruction or conducting research in the University or any institution maintained by the University and are designated as teachers by the Ordinances.

1. (1) There shall continue to be a body corporate by the name of Deen Bandhu Chhotu Ram University of Science and Technology Murthal, 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 such other persons, who may, from time to time, be appointed as such officers or members, so long as they continue to hold such office or membership.
2. (2) The University shall have perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract, and by the said name sue or be sued.

1. (1) Notwithstanding anything contained in this Act or any other law for the time being in force, no person or institutions, other than the University, shall confer, grant or issue or hold themselves or itself out as entitled to confer, grant or issue any degree, diploma or certificate in the specialised areas of knowledge assigned to it within the territorial jurisdiction of the University which is related with or is a colourable imitation of any degree, diploma or certificate granted or issued by the University.
2. (2) Contravention of sub-section
3. (1) shall be an offence, and shall be dealt with as per rules laid down by the University in this behalf.
4. (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.
5. (4) Notwithstanding anything contained in sub-section (3), where an offence 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 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 the offence and shall be liable to be proceeded against and punished. Explanation. - For the purpose of this section 'institution' means any body corporate and includes a firm or other association of individuals.

The University shall exercise the following powers and perform the following functions, namely :-

1. (a) to provide facilities and promote studies and research in emerging areas of higher education, including new frontiers of science, engineering, technology, architecture and management studies;
2. (b) to hold examinations and grant degrees, diplomas and other academic distinctions or titles to persons in the fields of emerging areas of higher education, including new frontiers of science, engineering, technology, architecture and management studies etc. as laid down in the Statutes, Ordinances or Regulations;
3. (c) to confer honorary degrees or other distinctions on approved persons in the manner laid down in the Statutes;
4. (d) to institute prizes, medals, research studentships, exhibitions and fellowships;
5. (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;
6. (f) to institute principalships, professorships, readerships, lectureships, and to create other posts of any description required by the University, and to appoint persons to such posts;
7. (g) to co-operate with Universities and other institutions in India or abroad having objectives similar to those of the University in such manner as may be conducive to their common goals;
8. (h) to provide instruction, including correspondence and such other courses, to such persons as are not members of the University, as it may determine;
   • (i) to borrow with the approval of the Government, on the security of the property of the University, money for the purposes of the University;
9. (j) to supervise, control and regulate the residence, conduct and discipline of the students of the University and institutions;
10. (k) to acquire, hold, manage, lease or dispose of any property, movable or immovable including trust and endowment properties, for the purpose of the University;
11. (l) to assess the needs of the State and the country in terms of subjects, fields of specialization, levels of education and training of technical manpower both on short and long term basis and to initiate necessary programmes to meet those needs;
12. (m) to organise advanced studies and research programmes based on a deep understanding of the trends in engineering, technology, architecture and management studies and in allied sciences so that the production will be ensured of men who are not only up-to-date but also able to provide the lead;
13. (n) to promote research, design and development activities that have a relevance to social needs and the development programmes of the State;
14. (o) to initiate measures to enlist the co-operation of industries and Government employers to provide complementary facilities;
15. (p) to provide for continuous experimentation in imparting knowledge, organisation of training and preparation of textbooks and instructional materials; to educate the public with regard to the requirements of, and opportunities in the profession of science, engineering, technology and architecture and other allied sciences and the responsibilities in value to the society.

The University shall be open to all persons irrespective of sex, race, creed, caste or class and no test or condition shall be

Admissions. - The University shall admit students to the University in accordance with the Statutes, Ordinances and Regulations made in this behalf.

The following shall be the officers of the University, namely :-

1. (i) the Chancellor;
2. (ii) the Vice-Chancellor;
3. (iii) the Controller of Finance;
4. (iv) Dean of institution;
5. (v) Registrar; and
6. (vi) such other persons in the service of the University as may be declared by the Statutes to be officers of the University.

1. (1) The Governor of Haryana by virtue of his office shall be the Chancellor of the University.
2. (2) The Chancellor shall be the head of the University.
3. (3) The Chancellor shall represent, preside over the convocation of the University for conferring degrees and the meetings of the Court.
4. (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 institution maintained by the University and also of the examinations, teaching and other work conducted or done by the University;
   • (ii) to cause an inquiry to be made in like manner in respect of any matter connected with the administration of the finances of the University or institutions.
5. (5) The Chancellor shall, before causing an inspection or inquiry to be made, 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. (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. (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. (8) The Chancellor may, if the inspection or inquiry is made in respect of the University, address the Vice-Chancellor with reference to the result of such inspection or inquiry and the Vice-Chancellor shall communicate to the Executive Council, the views of the Chancellor and the action to be taken thereon as advised by the Chancellor.
9. (9) The Executive Council shall communicate through the Registrar to the Chancellor such action, if any, as it proposes to take or has taken upon the result of such inspection or inquiry.
10. (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. (11) Without prejudice to the foregoing provisions of this section, the Chancellor may, by order in writing, annul any proceedings of the University, which are 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. (12) The Chancellor may, at any time, require or direct the University to act in conformity with the provisions of this Act, the Statutes, Ordinances and Regulations made thereunder.
13. (13) The power exercised by the Chancellor under sub-sections
14. (11) and
15. (12) shall not be called in question in any civil court.
16. (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.
17. (15) The Chancellor shall have such other power as may be prescribed by the Statutes.

1. (1) The Vice-Chancellor shall be appointed by the Chancellor from 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 service of the Vice-Chancellor shall be determined by the Chancellor, on the advice of the Government.
2. (2) The Vice-Chancellor shall hold office for a period of three years which may be renewed for not more than one term: Provided that he shall cease to hold the office on attaining the age of sixty-five years irrespective of the fact that his term has not expired.
3. (3) 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.
4. (4) 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 shall make arrangements for the duties of the Vice-Chancellor to be performed by some authority until the existing Vice-Chancellor is able to resume his office or until a regular Vice-Chancellor is appointed, as the case may be.
5. (5) 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.
6. (6) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act, except in the matter involving creation or abolition of a faculty, department or post, the matter involving appointment or removal of an employee: Provided that the Vice-Chancellor before exercising powers under this sub-section shall record the reasons in writing and shall report the action taken to 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 by the Vice-Chancellor, 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 ninety days from the date on which such action is communicated to him and 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.
7. (7) The Vice-Chancellor shall exercise such other powers and perform other duties as may be prescribed by the Statutes or Ordinances.

1. (1) The Registrar shall be appointed by the Chancellor on the advice of the Government.
2. (2) The Registrar shall be the Chief Administrative Officer of the University.

Other officers of the University The manner of appointment and powers and functions of other officers of the University shall be such as may be prescribed by the Statutes.

The following shall be the authorities of the University, namely:-

1. (i) the Court;
2. (ii) the Executive Council;
3. (iii) the Academic Council;
4. (iv) the Finance Committee;
5. (v) the Faculties;
6. (vi) the Planning Board; and
7. (vii) such other authorities as may be declared by the Statutes to be the authorities of the University.

1. (1) The constitution of the Court, and the term of office of its members shall be prescribed by the Statutes.
2. (2) Subject to the provisions of this Act, the Court shall have the following powers and functions, namely:-
   • (a) to review, from time to time, the broad policies and programmes of the University and to suggest measures for the improvement and development of the University;
   • (b) to consider and pass resolution on the annual report, the budget and the annual accounts of the University;
   • (c) to advise the Chancellor in respect of any matter referred to it for advice; and

1. (2) The constitution of the Academic Council, the term of office of its officers and members and powers and functions shall be such as may be prescribed by the Statutes.

The constitution and functions of the faculties shall be such as may be prescribed by the Statutes.

The constitution of the Finance Committee, the term of office of its members shall be such as may be prescribed by the Statutes.

The constitution and functions of the Planning Board shall be such as may be prescribed by the Statutes.

Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:-

1. (a) the admission of students to the University and their enrolment as such;
2. (b) the courses of study to be laid down for all degrees, diplomas and certificates of the University;
3. (c) the conditions under which students shall be admitted to the degree or diploma courses and to the examination of the University and the eligibility for such degrees and diplomas;
4. (d) the fees to be charged for courses of study in the University and for admission to the examinations, degrees and diplomas of the University;
5. (e) the creation of the posts of professors, readers, lecturers, tutors, demonstrators, librarians and other academic staff and the designation of their duties;
6. (f) the conduct of examinations, including the term of office and manner of appointment and the duties of examiners and moderators;
7. (g) the conditions of residence of students of the University and the institutions; and
8. (h) all other matters which by this Act or the Statutes are to be made or may be provided for by the Ordinances.

1. (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;
   • (ii) affecting the conditions, mode of appointment or duties of examiners or the conduct of examination or standard of training or any course of study; unless the draft of such an Ordinance has been proposed by the Academic Council.
2. (2) The Executive Council may refer to the Academic Council for creation, either in whole or in part, any draft proposed by the Academic Council under sub-section
3. (1) along with its suggestions: Provided that the Executive Council shall not be bound to amend the draft proposed by the Academic Council itself. It may, however, reject such draft if not found suitable, but when submitted to it by the Academic Council for the second time.
4. (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 may be, to the Chancellor.

1. (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;
   • (ii) affecting the conditions, mode of appointment or duties of examiners or the conduct of examination or standard of training or any course of study; unless the draft of such an Ordinance has been proposed by the Academic Council.
2. (2) The Executive Council may refer to the Academic Council for consideration, either in whole or in part, any draft proposed by the Academic Council under sub-section
3. (1) along with its suggestions: Provided that the Executive Council shall not be bound to amend the draft proposed by the Academic Council itself. It may, however, reject such draft if not found suitable, but when submitted to it by the Academic Council for the second time.
4. (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 may be, to the Chancellor.

1. (1) The authorities of the University may make Regulations consistent with this Act, the Statutes or the Ordinances:-
   • (a) laying down the procedure to be observed at their meetings;
   • (b) providing for all matters which by this Act, the Statutes or the Ordinances are to be prescribed by the Regulations.

1. (1) The University shall have a general fund to which shall be credited-
   • (a) its income from fees, grants, donations and gifts, if any;
   • (b) any contribution or grant made by the Central Government, University Grants Commission, All India Council for Technical Education or like authority, any local authority or any corporation owned or controlled by the Government;
   • (c) endowments and other receipts.
2. (2) The University may have such other funds as may be prescribed by the Statutes.
3. (3) The funds and all moneys of the University shall be managed in such manner as may be prescribed by the Statutes.
4. (4) The Government may, every year, provide grant-in-aid to the University to facilitate and promote studies and research.

1. (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 every year and for not more than fifteen months be audited by the C.A.G. or any other auditor that may be appointed by the Government. The annual accounts thus audited shall be published in the Haryana Government Gazette and a copy of the annual accounts along with the report of the Director, Local Audit or the auditor shall be submitted to the Court and the Chancellor along with the observations of the Executive Council. Any observations made by the Chancellor to the annual accounts shall be brought to the notice of the Court and observations of the Court, after being considered by the Executive Council, be submitted to the Chancellor.
2. (2) The annual accounts and the balance sheet of the University shall be submitted to the Chancellor.

Tribunal of Arbitration The officer or teacher of the University shall be appointed under a written contract which shall be lodged with the University and any dispute arising out of a contract between the University and any officer or teacher shall, at the request of the teacher or officer concerned or at the request of the University, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council and one member to be nominated by the teacher or officer concerned and an umpire to be appointed by 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.

1. (2) Every such request shall be deemed to be a submission to arbitration

Pension, provident fund and insurance fund.—(1) The University shall institute, for the benefit of its officers, teachers and other employees, pension, provident fund and insurance fund on the pattern of the Government employees.

1. (2) Where any provident fund and insurance fund have been so constituted, the provisions of the Provident Fund Act, 1925 (Act 19 of 1925) shall be applicable.

No act done, or proceeding taken, under this Act, by any authority or other body of the University shall be invalidated merely on the ground -

1. (a) of any vacancy or defect in the constitution of the authority or body; or
2. (b) of any defect or irregularity in election, nomination or appointment of a person acting as a member thereof; or
3. (c) of any defect or irregularity in such act or proceeding, not affecting the merits of the case.

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.

If any difficulty arises as to the first constitution or otherwise in connection with the first meeting or in giving effect to the provisions of this Act, the Government may by order, not inconsistent with the provisions of this Act, remove the difficulty.

Notwithstanding anything contained in this Act, the University shall not create any teaching or non-teaching posts or revise the pay scales of teachers and non-teaching employees without obtaining the prior approval of the Government:

Protection of action taken in good faith No suit or other legal proceedings shall lie against any officer, 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, Ordinances.

1. (1) All properties, movable and immovable and all the interests whatsoever, in nature and kind therein, vest in Chhotu Ram State College of Engineering Murthal (Society) and the courses run thereunder and all the funds created out of it and the whole amount of officers and officials working in the college, before the commencement of this Act, shall vest in the University.
2. (2) All debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done in respect of Chhotu Ram State College of Engineering Murthal (Society) shall be deemed to have been incurred, entered into, or engaged to be done by, with or for, the University.