section 1
Short title, extent and commencement.
The Haryana Private Universities Act, 2006- (1) This Act may be called the Haryana Private Universities Act, 2006.
- (2) It extends to the whole of the State of Haryana.
- (3) It shall come into force at once. Definitions. 2. In this Act and in all the Statutes, Ordinances and Regulations made hereunder, unless the context otherwise requires,-
- (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);
- (aa) ‘Bar Council of India’ means the Bar Council of India constituted under the Advocates Act, 1961 (Central Act 25 of 1961);* (ab)‘campus’ means that area of the university in which it is established;”;*
- (b) "Council of Scientific and Industrial Research" means the Council of Scientific and Industrial Research, New Delhi, an agency of the Central Government;
- (c) "Department of Science and Technology" means the Department of Science and Technology of the Central Government;
- (d) Omitted*
- (e) Omitted*
- (f) ‘employee’ means a person appointed by the university and includes a teacher, officer and any other staff of the university;*
- (fa) ‘existing private university’ means a university which has been established under the Haryana Private Universities Act, 2006 (32 of 2006) before the notification of the Haryana Private Universities (Amendment) Act, 2012;*
- (fb) ‘faculty’ means a group of academic departments of similar disciplines;”;*
- (g) "fee" means collection made by the university from the students by whatever name it may be called, which is not refundable;
- (h) "Government" means the Government of the State of Haryana;
- (i) "higher education" means study of a curriculum or course for the pursuit of knowledge beyond 10+2 level;
- (j) ‘hostel’ means a place of residence of the students of the university;*
- (k) "Indian Council of Agriculture Research" means the Indian Council of Agriculture Research, a society registered under the Societies Registration Act, 1860 (Central Act 21 of 1860);
- (ka) ‘Indian Nursing Council’ means an autonomous body constituted under section 3 of the Indian Nursing Council Act, 1947 (48 of 1947);*
- (l) "Medical Council of India" means Medical Council of India, Delhi;
- (m) ‘National Assessment and Accreditation Council’ means National Assessment and Accreditation Council, Bangalore, an autonomous institution of the University Grants Commission;*
- (ma) ‘National Board of Accreditation’ means National Board of Accreditation, New Delhi, an autonomous body of All India Council for Technical Education;*
- (n) “National Council for Teacher Education” means the “National Council for Teacher Education, Delhi;”;*
- (o) and (p) omiited.*
“(q) ‘Pharmacy Council of India’ means Pharmacy Council of India,
Delhi;”;*
India for laying down norms and conditions for ensuring academic standards of higher education, such as University Grants Commission, All India Council for Technical Education, National
Council for Teacher Education, Medical Council of India, Bar Council of India, Pharmacy Council of India, National Assessment and Accreditation Council, Indian Council of Agriculture Research, National Board of Accreditation, Indian Nursing Council, Council of Scientific and Industrial Research etc. and includes the Government or any such body constituted by Government of India or the Government;”;* “(t) ‘Rules’ means the rules made by the Government under this Act;”;
- (u) “Schedule” means Schedule appended to this Act;
- (v) "sponsoring body" in relation to a university means-
- (i) a society registered under the Societies Registration Act, 1860 (Central Act 21 of 1860) ; or
- (ii) any public trust; or
- (iii) a company registered under section 25 of the Companies Act, 1956(Central Act 1 of 1956);
- (w) "Statutes", "Ordinances" and "Regulations" mean respectively, the
Statutes, Ordinances and Regulations of the university made under
this Act;
- (x) "student of the university" means a person enrolled in the university for taking a course of study for a degree, diploma or other academic distinction duly instituted by the university, including a research degree;
- (y) omitted;*
“(z) ‘teacher’ means a Professor, Associate Professor, Assistant Professor
or any other person required to impart education or guide research or render guidance in any other form to the students for pursuing a
course or programme of study of the university;”.*
- (za) "university" means a university incorporated by law in India; and
- (zb) "University Grants Commission" means the University Grants Commission, established under the University Grants Commission Act, 1956 (Central Act 3 of 1956).
Objects of university. 3. Following shall be the objects of the university, namely: -
- (1) to provide instructions, teaching and training in higher education and make provisions for research, advancement and dissemination of knowledge;
- (2) to create higher levels of intellectual abilities;
- (3) to establish state of the art facilities for education and training;
- (4) to carry out teaching and research and offer continuing education programmes;
- (5) to create centres of excellence for research and development and for sharing knowledge and its application;
- (6) to establish a campus;;*
- (7) omitted;*
- (8) to institute degrees, diplomas, certificates and other academic distinctions on the basis of examination, or any such other method;
“(9) to maintain the academic standard of degrees, diplomas, certificates
and other academic distinctions as per bye-laws and to ensure that the same are not lower than those laid down by the regulating body;”* Clauses (10), (11) and (12) have been omitted*
- (13) to pursue any other objective as may be approved by the Government. Submission of proposal for establishment of university and its evaluation. 4. (1) An application containing the proposal and the project report to establish a university by a private sector shall be made by the sponsoring body to the Government, along with such fee, as may be prescribed. At the time of submission of application the sponsoring body shall fulfill the condition regarding possession of
land as per provision laid down in section 9.#
Provided that the university excluding existing private university shall offer minimum three faculties at its commencement and shall provide instructions upto the level of Ph.D. in a period of three years in any of the three faculties in which it is imparting degree i.e. Humanities, Languages, Medicines, Commerce, Science, Engineering, Information Technology, Law, Agriculture and Allied Sciences, Management (Business, Hotel, Hospitality, Tourism etc.), Bio-Tech, Media and Mass Communication etc. with due permission from the relevant regulating bodies:* Provided further that if a sponsoring body intends to set up Health and Medical Sciences University, it shall not be mandatory to offer minimum three faculties.*
- (2) The project report shall contain the following particulars, namely: -
- (a) the details of the sponsoring body along with the copies of its registration certificate, constitution and bye-laws;
- (b) the information regarding financial resources of the sponsoring body along with audited accounts for the last five years;
- (c) the name, location and headquarters of the proposed university;
- (d) the objectives of the university;
- (e) the availability of land and details of buildings and infrastructure facilities, if already existing;
- (f) availability of academic facilities including teaching and non teaching staff, if any, at the disposal of sponsoring body;
- (g) the details of plans for campus development such as construction of buildings, development of structural amenities and infrastructure facilities and procurement of equipment etc. to be undertaken before the university starts functioning and phased programme for first five years;
- (h) the phased outlays of capital expenditure proposed for the next five years and its sources of finance;
- (i) the nature and the type of programmes of study and research proposed to be undertaken by the university and their relevance to the development goals and employment needs of the State and phasing of such programmes over the first five years with course-wise enrolment targets;
- (j) the experience and expertise in the concerned disciplines at the command of the sponsoring body;
- (k) the nature of facilities, courses of study and research proposed to be started;
- (l) the estimated recurring expenditure, course- wise or activity- wise, sources of finance and estimated expenditure per student;
- (m) the scheme for mobilizing resources and the cost of capital thereto and the manner of repayment to such sources;
- (n) the scheme for the generation of funds internally through the recovery of fee from students, revenues anticipated from consultancy services and other activities relating to the objects of the university and other anticipated incomes;
- (o) the proposed fee structure with reference to the details of expenditure on unit cost and the extent of concessions or rebates in fee or free- ships and scholarships to the poor students from economically poor or socially backward families including Scheduled Castes, Other Backward Classes and handicapped students;
- (p) the system proposed to be followed for selection of students for admission to the courses of study at the university;
- (q) the system proposed to be followed for appointment of teachers and other employees in the university;
- (r) omitted;*
- (s) whether the university proposes to undertake some programmes related to local needs. If so, the nature of specialized teaching, training or research activities to be undertaken by the university so as to fulfil this objective;
- (t) whether the university proposes to start some programmes for the benefit of farmers, women and industries . If so, details thereof may be given;
- (u) details of play grounds and other facilities available or proposed to be created for games and sports and extra-curricular activities like National Cadet Corps, National Service Scheme, Scouts and Guides etc;
- (v) the arrangements proposed to be made for academic auditing;
- (w) justification regarding the necessity of establishment of the proposed university;
- (x) commitment to follow the norms of the regulating bodies;
- (y) such other details as the sponsoring body may like to give; and
- (z) such other details as may be prescribed.
- (3) The Government, on receipt of the proposal and the project report for establishment of a university, shall constitute a committee consisting of such members as may be specified by it, out of whom at least one shall be an expert, to examine the proposal and the project report. Explanation. - In this sub-section the expression “expert” means an academician of prominence in the respective field of higher education.
- (4) The committee shall consider the proposal and the project report on the following grounds, namely: -
- (a) financial soundness and assets of the sponsoring body and its ability to set up the infrastructure of the proposed university, manner of generation of funds to be raised by the proposed university before its operations. The sponsoring body shall give the detailed information in this regard as per the format given in the bye-laws framed under this Act at the time of application;*
- (b) back ground of the sponsoring body, that is to say, its expertise and experience in the field of education, its general reputation etc. and its commitment to follow the norms of the regulating bodies;
- (c) potentiality of the courses proposed to be offered, that is to say whether the courses are able to develop the human resources as per the requirements of contemporary demands, and whether the courses have new features and include emerging branches of learning.
- (5) The committee, while considering the proposal and the project report under sub- section (4), may call for such other information from the sponsoring body as it thinks proper for the purpose.
- (6) The committee shall submit its report to the Government within a period of six months from the date of its constitution: Provided that while computing the period of six months, the period commencing from the date on which requisition for any information under sub- section (5) is issued and ending on the date on which requisite information is submitted to the committee shall be excluded.* Issuance of letter of intent and compliance report. 5. (1) After the receipt of the report of the committee constituted under sub-section (3) of section 4, if the Government is satisfied that it is advisable to establish the university, it may issue a letter of intent and ask the sponsoring body to-
- (i) establish an endowment fund in accordance with the provisions of section 11 ;
- (ii) construct a minimum of 10,000 square meters of covered area for administrative and academic purposes;
- (iii) provide all the relevant information relating to the first degree and post-graduate degree/diploma programme including the curriculum
structure, contents, teaching and learning process, examination and
evaluation system and the eligibility criteria for admission of students to the committee headed by Financial Commissioner and Principal Secretary to Government, Haryana, Education Department, Chandigarh in which Director, Higher Education, Haryana, Dean, Academic Affairs, Kurukshetra University, Kurukshetra and Dean, Academic Affairs, Maharshi Dayanand University, Rohtak shall be the members. On detailed examination of the information made available the committee shall inform the sponsoring body about any short comings in respect of conformity to relevant regulations for rectification. The university shall offer the programme only after necessary rectification and approval from the committee;
- (iv) purchase books and journals of at least ten lac rupees or as per the norms of regulating bodies, whichever is higher, and give an undertaking to invest, within the first three years, not less than fifty lac rupees or as per the norms of regulating bodies, whichever is higher, on books, journals, computers, library networking and other facilities so as to make the library facilities adequate for contemporary teaching and research;
- (v) purchase equipments, computers, furniture, other moveable and immoveable assets and infrastructure facilities (other than buildings, referred to in clause (ii) above) worth twenty lac rupees or as per the norms of regulating bodies, whichever is higher, and give an undertaking to procure within the first five years equipments, computers, furniture, other moveable and immoveable assets and infrastructure facilities (other than buildings, referred to in clause (ii) above) worth not less than one crore rupees or as per the norms of regulating bodies, whichever is higher;
- (vi) give undertaking to appoint at least one Professor, two Associate Professors and adequate number of Assistant Professors alongwith necessary supporting staff in each department or discipline to be started by the university;* (vi-a) maintain objectivity, fairness and transparency in the recruitment of teachers of the proposed university with qualification not less than those prescribed by the University Grants Commission or other regulating bodies;*
- (vii) give undertaking to take up co-curricular activities like seminars, debates, quiz programmes and extra-curricular activities like games, sports, National Service Scheme, National Cadet Corps etc. for the benefit of students as per the norms laid down by the regulating bodies;
- (viii) give undertaking for establishment of provident fund and to take up welfare programmes for the employees of the university; and
- (ix) fulfill such other conditions and provide such other information as may be prescribed by University Grants Commission, All India Council for Technical Education or any other statutory body established by Central or State Government;
- (x) provide its commitment to prevent all types of ragging in the campus in accordance with the regulations prescribed by the University
Grants Commission, Government norms and statutory provisions in
this regard, if any.*
- (2) The sponsoring body shall fulfill the requirements and conditions specified in sub-section (1) and shall report the compliance to the Government within a period of one year from the date of issue of the letter of intent. On receiving the compliance report, the Government shall appoint a committee consisting of such members, including the representative of the
regulating bodies, as may be specified, to verify the compliance report. The
committee shall submit its report to the Government within a period of one month from the date of its constitution specifying whether the sponsoring body has fulfilled the requirements and conditions as laid down in sub- section (1). Provided that Government may further extend the term for a maximum period of one year not exceeding six months at a time if it is satisfied that the sponsoring body has taken substantial steps towards setting up of the University.#
- (3) If the sponsoring body has failed to comply with the provisions of sub-section (2), its proposal submitted under section 4 shall stand rejected and the letter of intent issued under sub-section (1) of section 5 shall be deemed to have been withdrawn.
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