Bare Act
The Deen Bandhu Chottu Ram University of Science and Technology Murthal Act, 2006
1. Short title and commencement.
(1) This Act may be called Deenbandhu Chhotu Ram University of Science and Technology Murthal Act, 2006. (2) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.
2. Definitions.
In this Act and in all the Statutes, Ordinances and Regulations made thereunder, 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) “college” means a college maintained by, or admitted to the privileges of, the University; (b) “Council of Architecture” means the Council constituted under section 3 of the Architects Act, 1972 (Act 20 of 1972); (c) “Council of Scientific and Industrial Research” means the Council of Scientific and Industrial Research, New Delhi, an agency of the Central Government; (d) “Department of Science and Technology” means the Department of Science and Technology of the Central Government; (e) “employee” means any person appointed by the University, and includes teachers and all other staff of the University; (f) “fee” means fee collected by the University from the students by whatever name it may be called, which is not refundable; (g) “Government” means the Government of the State of Haryana; (ga) “institution” means an academic institution, not being a college, maintained by, or admitted to the privileges of, the University; (gb) “regional centre” means a regional centre maintained by, or admitted to the privileges of, the University; (gc) “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; (gd) “recognized teachers” means such persons as are approved by the University for the purpose of imparting instructions in a college, institution or regional centre admitted to the privileges of the University; (h) “Schedule” means Schedule appended to this Act; (i) “Statues”, “Ordinances” and ‘Regulations” means respectively the Statutes, Ordinances and Regulations of the University made under this Act; (j) “University” means Deen Bandhu Chhotu Ram University of Science and Technology Murthal, as incorporated under this Act; (k) “University Grants Commission” means the Commission established under section 4 of the University Grants Commission Act, 1956 (Central Act 3 of 1956); (l) “University teachers” means 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 designated as teachers by the Ordinances.
3. Controller of Finance.
(1) The Controller of Finance shall be a whole-time salaried officer of the University and shall be appointed by the Executive Council on the recommendation of Vice-Chancellor on terms and conditions as may be prescribed by the Statutes. (2) The Controller of Finance shall be the 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 Controller of Finance is vacant or when the Controller of Finance is by reason of illness or any other cause is unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (4) The Controller of Finance shall— (a) exercise general supervision over the funds of the University and shall advise the University 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 Controller of Finance 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; (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 registers of buildings, land, furniture and equipment are maintained up-to-date and that stock checking of equipment and other connected material in all officers, special centres, specialized laboratories, 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; and (h) call for from any officer, center, 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 Controller of Finance or 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.
3A. 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: Provided that different areas may be specified for different faculties. (2) Any college to be opened in the territorial limits of the University as mentioned under sub-section (1), shall have to get affiliated to this University. (3) Notwitstanding anything contained in any State law for the time being in force, any college, institution or regional centre 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, institution or regional centre, 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 by the Statutes, Ordinances or Regulations; (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.
4. Prohibition of unauthorized conferment of degrees
(1) No person or institution, other than the University, shall confer, grant or issue or hold itself out as entitled to confer, grant or issue any degree, diploma or certificate in the territorial jurisdiction of the University which is identical with or is a colorable imitation of any degree, diploma or certificate conferred, granted or issued by the University. (2) Contravention of the provision of sub-section (1) shall be an offence and shall be dealt with as per rules laid down by the University in this regard keeping in view the orders and guidelines issued by the competent authorities and academic bodies such as the State Government and the University Grants Commission. (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 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.
5. Powers and functions of University
The University shall exercise the following powers and perform the following functions, namely:— (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, and also to achieve excellence in these and connected fields; (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; (c) to confer honorary degrees or other distinctions on approved persons in the 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 principalships, professorships, readerships, lecturerships, 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 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; (j) to supervise, control and regulate the residence, conduct and discipline of the students of the University and institutions ; (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; (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; (m) to organize 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; (n) to promote research, design and development activities that have a relevance to social needs and the development programmes of the State; (o) to initiate measures to enlist the co-operation of industries and Government employers to provide complementary facilities; (p) to provide for continuous experimentation in imparting knowledge, organization of training and preparation of textbooks and other instructional materials; (q) to arrange for progressive introduction of continuous evaluation and reorientation of the subjective in educational measurement; (r) to further entrepreneurial ability among its students; (s) to educate the public with regard to the requirement of, and opportunities in the profession of science, engineering, technology, architecture and management studies and allied sciences and its responsibilities and services to the society; (t) to approve persons for imparting instructions in any college, institution or regional centre admitted to the privileges of the University; (u) to maintain institutions, colleges and regional centres established by the University and to admit to its privileges, colleges, institutions and regional centres in the area specified under sub-section (1) of section 3A and to disaffiliate colleges, institutions or regional centres, if they are not being run as per provisions of the Act, Statutes or Ordinances contained therein; and (v) to declare a college, institution, regional centre or a department as an autonomous college, institution or regional centre or a department, as the case may be.
6. Controller of Examinations.
(1) (i) 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 specified by the Executive Council. (ii) 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 to 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 making it a better instrument for assessing the attainments of students; and (e) to do any other matter connected with the system of examinations which may, from time to time, be assigned to him by the Vice-Chancellor.
7. Librarian.
The Librarian shall be a whole-time salaried officer of the University and shall be appointed by the Executive Council on the recommendation of Vice-Chancellor on terms and conditions as may be prescribed by the Statutes.
8. Officers
The following shall be the officers of the University, namely:— (i) the Chancellor; (ii) the Vice-Chancellor; (iii) the Controller of Finance; (iv) Dean of institution; (v) Registrar; and (vi) such other persons in the service of the University as may be declared by the Statutes to be officers of the University.
9. Chancellor
(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 the 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 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 finances of the University 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, 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.
10. Vice-Chancellor
(1) 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 service of the Vice-Chancellor shall be determined by the Chancellor, on the advice of the Government. (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-eight years irrespective of the fact that his term has not expired. (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) 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) 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) 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 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 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. (7) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or Ordinances.
11. Executive Council and its constitution.
The Executive Council shall consist of the following persons, namely: — I. Ex-officio members— (i) the Vice-Chancellor; (ii) the Secretary to Government, Haryana, Finance Department or a nominee not below the rank of Joint Secretary; (iii) the Secretary to Government, Haryana, Technical Education Department or a nomineee not below the rank of Joint Secretary/Additional Director; (iv) Director, Technical Education Department Haryana or a nominee not below the rank of Joint Director. II Other Members— (a) three Deans of Faculties to be nominated by the Vice-Chancellor, by rotation in accordance with the procedure laid down by the University; (b) two Professors (other than Deans of the Faculties) by rotation on the basis of seniority; (c) six persons to be nominated by the Chancellor on the recommendation of the Vice-Chancellor from amongst distinguished professionals and eminent persons from the Industry/Chambers of Commerce/Technical Universities/ Indian Institute of Technology/Indian Institute of Management/ All India Council for Technical Education, etc.; (d) Law Officer. III (i) the Registrar shall be the ex-officio Secretary of the Executive Council; (ii) two-fifth of members shall form the quorum; and (iii) 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.
12. Powers of Executive Council
Provided further that in respect of the numbers, qualifications and the emoluments of teachers and academic staff, the Executive Council shall take action after considering the recommendations of the Academic Council and the Finance Committee: Provided further that in respect of qualifications of teachers and academic staff, the Executive Council shall take action after considering the recommendations of Academic Council and also the regulations laid down by the University Grant Commission and other concerned statutory bodies; (c) to appoint professors, readers, lecturers, other academic staff and Deans of institutions, on the recommendations of selection committees constituted for the purpose and to fill up 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 purchases of immovable property in India with the 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 such other powers and perform such other duties as may be conferred or assigned to the Executive Council by the Act, the Statutes, or the Ordinances; (o) to exercise all powers of the University not otherwise provided for by the Act, the Statutes, the Ordinances.
13. Academic Council and its constitution.
The Academic Council shall consist of the following persons, namely: — I. Ex-officio members:— (i) the Vice-Chancellor; (ii) the Director, Technical Education Department, Haryana or his authorised representative not below the rank of Joint Director; (iii) the Registrar; (iv) the Deans of Faculties; (v) the Controller of Finance; (vi) two Deans of institutions, by rotation on the basis of their seniority; (vii) the Controller of Examinations; (viii) the Librarian of the University library. II. Other members:— (i) one professor appointed by the University from each faculty, by rotation on the basis of seniority; (ii) one University reader from each faculty, by rotation on the basis of seniority; (iii) one University lecturer from each faculty, by rotation on the basis of seniority; (iv) four eminent educationists 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; (v) four persons from public sector industries of the Central and State Governments, in the State having proficiency in matters relating to industry and research, to be nominated by the Chancellor on the recommendation of the Vice-Chancellor: Provided that any other Chairman/Officers of the University whose association is necessary regarding a particular item may be invited to attend the meeting. However, the special invitee shall not have any right to vote. III. (1) The Registrar shall be the Member-Secretary of Academic Council. (2) Two-fifth of the members shall form the quorum. (3) 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. (4) 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.
14. Powers of the Academic Council.
(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 institutions, evaluation of research or improvements in academic standards; (b) to consider matters of general academic interest either on its own initiative 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 the Act, the Statutes or the Ordinances. (2) All decisions of the Academic Council concerning syllabi, courses of studies and conducting of examinations so for as they are not provided for by the Statutes and Ordinances shall be final.
15. Composition of Finance Committee.
(1) The Finance Committee shall consist of the following persons, namely:— (I) Ex-officio members— (a) the Vice-Chancellor (Chairperson); (b) the Secretary to Government, Haryana, Technical Education Department or a nominee not below the rank of Joint Secretary; (c) the Secretary to Government, Haryana, Finance Department or a nominee not below the rank of Joint Secretary/Additional Director; (d) the Director, Technical Education Department, Haryana or a nominee not below the rank of Joint Director/Accounts Officer. (II) Other members— (a) two outside members having expertise in finance to be nominated by the Chancellor on the recommendation of the Vice-Chancellor; (b) two Deans of Faculties 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.
16. Functions and powers of Finance Committee.
(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 the Executive Council the creation of teaching and other posts. (3) The annual accounts and the official estimates 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.
17. Faculties of University.
There shall be the following Faculties— (i) Faculty of Science and Technology Interface; (ii) Faculty of Management Studies; (iii) Faculty of Information Technology and Computer Science; (iv) Faculty of Engineering and Technology; (v) Faculty of Architecture, Urban and Town Planning; (vi) Faculty of Non-Conventional Sources of Energy and Environmental Science; (vii) Such other Faculties as the Executive Council, on the recommendations of the Academic Council, may constitute.
18. Constitution of Faculties.
(1) Each Faculty shall consist of— (i) Dean of the Faculty (Chairperson); (ii) Chairperson of the Departments included in that Faculty; (iii) one professor from each Department on the basis of seniority by rotation; (iv) one reader and one lecturer or equivalent from each Department included in the Faculty by rotation according to seniority: Provided that wherever considered necessary, the Vice-Chancellor may on the recommendation of the Dean increase the number of members. (2) Members nominated shall hold office for two years: Provided that the Executive Council, at the request of the Academic Council, may increase the number of members of a Faculty. (3) The Registrar shall be the Secretary of every Faculty. (4) Two-fifths of the members in each Faculty shall form the quorum.
19. Deans of Faculties.
(1) There shall be a Dean of each Faculty who shall be appointed by the Vice-Chancellor. The Dean shall be appointed in rotation from amongst the professors in the various Departments comprising the Faculty. (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.
20. Statutes and their scope
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; (c) the conditions of service including provision for pension or provident fund or insurance scheme 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 delegation of powers vested in the authorities or officers of the University; and (i) all other matters which by this Act, are to be or may be provided for by the Statutes.
21. Chairpersons of Departments.
(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 only among the professors; (b) if a Department has only one professor, the Chairpersonship shall rotate between the professor and the senior-most reader: Provided he has an experience of five years as a reader; (c) if a Department has no professor, the Chairpersonship shall rotate between the two senior-most readers with an experience of five years. (2) In the case of a Department where no teacher is eligible for appointments as Chairperson or for such Departments where instruction is imparted only upto the under-graduate level in the institutions, 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 a 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 of 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 next eligible person as Chairperson irrespective of the fact that the term of the present Chairperson has not yet expired, in which case he shall report the matter to the Executive Council at its next meeting.
22. Ordinances and their scope
Subject to the provisions of this Act and the Statutes, the Ordinance 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) the courses of study to be laid down for all degrees, diplomas and certificates of the University; (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; (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 ; 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, exhibition, medals and prizes;
23. Selection Committee.
(1) A Selection Committee for the appointment of any Professor, Reader or Lecturer shall consist of:— (i) the Vice-Chancellor; (ii) Dean of institution; (iii) Dean of the Faculty; (iv) the Chairperson of the Department concerned, if he is a professor; (v) the senior-most professor in the Department except where otherwise decided by the Vice-Chancellor; (vi) three persons in the case of professor and two persons in the case of reader and lecturer, 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 Professor, Reader or Lecturer shall be 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. (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 the approval of the Chancellor: Provided that in case one of the experts fails to turn up at the 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 meeting of a Selection Committee shall not be invalidated in case any of the Ex-officio members of the Selection Committee fails to attend the meeting. (3) The Vice-Chancellor shall preside over at the meeting 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 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.
24. Establishment Committee.
(1) Subject to the control of the Executive Council, the Establishment Committee shall consist of— (i) the Vice-Chancellor; (ii) one Dean of institutions to be nominated by the Vice-Chancellor; (iii) two members of the Executive Council nominated by the Vice-Chancellor; (iv) the Controller of Finance; (v) the Registrar; (vi) Expert(s) nominated by the Vice-Chancellor, whenever deemed necessary: Provided that where there are more than one expert and one of the experts fails to turn up at the time of the meeting after accepting the invitation to attend it, the proceedings of the meeting shall be valid. (2) The Vice-Chancellor shall preside over at meeting of the Establishment Committee and the Registrar shall be the Member-Secretary of the Committee. (3) The nominated members of the Executive Council shall hold office for two years: Provided that any such member, who ceases to be the member of the Executive Council, shall cease to be the member of the Establishment Committee. (4) The Committee shall have the power to recommend to the Executive Council for appointments to non-teaching posts carrying an initial pay of Rs. 6500/- per mensem or more. Explanation.— "appointment" shall include direct appointment as well as by promotion to all non-teaching posts including posts in the University Library and Sports Department, carrying initial pay of Rs. 8000/- per mensem or more.
25. Constitution and function of Planning Board.
(1) The Planning Board shall consist of — (a) the Vice-Chancellor; (b) the Secretary to Government, Haryana, Finance Department or nominee not below the rank of Joint Secretary/ Special Secretary; (c) the Secretary to Government, Haryana, Technical Education Department not below the rank of Joint Secretary / Additional Director; (d) Director, Technical Education Department, Haryana or a nominee not below the rank of Joint Director; (e) The Controller of Finance; (f) not more than seven persons of high standing in education and industry who shall be appointed by the Chancellor on the recommendation of the Vice-Chancellor for a term of two years which may include the following— (i) nominee of the All India Council for Technical Education; (ii) Director of one of the Indian Institute of Technology; (iii) Director of one of the Indian Institute of Management; (iv) Director of one of the Technical Universities of India; (v) nominee of the University Grant Commission; (vi) five persons of high standing in Education and Industry; (g) the Registrar shall be the Member-Secretary of 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 standard of education and research in the University.
26. Funds and accounts.
(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, the 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) The University may have such other funds as may be prescribed by the Statutes. (3) The funds and all moneys of the University shall be managed in such manner as may be prescribed by the Statutes. (4) The Government may, every year, provide grant-in-aid to facilitate and promote studies and research.
27. Annual accounts.
(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 at intervals of not more than fifteen months be audited by the Director, Local Fund Accounts, 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 along with the report of the Director, Local Fund Accounts or the auditor shall be submitted to the Court and the Chancellor along with the observations of the Executive Council. Any observation 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.
28. Conditions of service of officers and teachers.
(1) Every salaried officer and teacher, except the Vice-Chancellor, 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 officer or teacher 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 and 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 (Act 26 of 1996).
29. Boards of studies.
(1) Every Department included in 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 consist of— (i) Dean of the institution; (ii) the Chairperson of Departments; (iii) one professor appointed or recognized by the University in the Department, to be nominated by the Vice-Chancellor by rotation, according to seniority; (iv) one reader and one lecturer appointed or recognized by the University in the Department, to be nominated by the Vice-Chancellor, by rotation, 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; (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 under-graduate studies, under sub-clause (v) above. (3) The Board of post-graduate studies and research shall consist of— (i) Dean of the institution; (ii) the Chairperson of the Department; (iii) all the professors appointed or recognized by the University in the Department; (iv) two readers and two lecturers appointed or recognized by the University in the Department to be nominated by the Vice-Chancellor, by rotation, according to seniority; (v) two teachers including the Heads of the post-graduate Departments in the institutions in the subject concerned with at least ten years teaching experience 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 not more than one such member shall be from the same institution; (vi) 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 (v) 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 Board 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 Boards 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 period 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.
30. Withdrawal of degree, diploma etc.
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 (c) when sufficient evidence is laid before the Academic Council showing that any person conferred by the University has been convicted of what in their opinion is a serious offence, the Academic Council may recommend to the Executive Council that such a degree or diploma be cancelled.
31. Withdrawal of approval, recognition of teachers.
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 down by the Ordinances; or (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.
32. Power to remove difficulties.
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 purpose 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.
33. Creation of teaching and non-teaching posts.
Notwithstanding anything contained in this Act, the University shall, not create any teaching and non-teaching posts or revise the pay scales of the teaching and non-teaching employees without obtaining the prior approval of the Government: Provided that the Government may delegate its powers under this section to the Vice-Chancellor or the Executive Council as and when the need arises for smooth functioning and growth of the University.
34. Limitation of term of membership.
(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 member of that particular authority or body or as a holder of particular appointment, shall hold office so long only as he continues to be member of that particular authority or body or the holder of that particular appointment, as the case may be: Provided that a teacher-member of any authority or body of the University who resign his service or proceeds on leave for six months or more shall cease to be a member of the respective body and a substitute member 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.
35. Repeal and savings.
(1) All properties, movable and immovable and all the interests of whatsoever nature and kind therein, vested in Chhotu Ram State College of Engineering Murthal (Sonepat) and the courses run thereunder and all the posts created and filled and the whole staff of officers and officials working in the said college, before the commencement of this Act, shall vest in the University. (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 (Sonepat) shall be deemed to have been incurred, entered into, or engaged to be done by, with or for the University.
36. Disqualification for membership.
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.
37. Delegation of administrative and financial powers.
(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 financial powers, as the Executive Council may delegate through Ordinances, Rules, 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.
38. Special mode of appointment.
(i) Notwithstanding anything contained in the 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 and conditions as it may deem fit and on the person agreeing to do so, appoint him to the post. (ii) The Executive Council may appoint a teacher or any other academic staff working in any other University or Organization in accordance with the manner laid down in the Ordinances.
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