Bare Act
The Haryana Vishwakarma Skill University Act, 2016
1. Short title and commencement
(1) This Act may be called the Shri Vishwakarma Skill University Act, 2016 (2) It shall come into force on the date of its publication in the Official Gazette.
2. Definitions
In this Act and in all Statutes, Ordinances and Regulations made thereunder, unless the context otherwise requires, - (a) "All India Council for Technical Education" means the All India Council for Technical Education established under the All India Council for Technical Education Act, 1987 (Central Act 52 of 1987); (b) "college" means a college maintained by, or admitted to the privileges of the University under this Act; (c) "Council of Architecture" means the Council of Architecture constituted under the Architects Act, 1972 (Central Act 20 of 1972); (d) "employee" means any person appointed by the University and includes teachers and all other staff of the University; (e) "Haryana State Board of Technical Education" means the Haryana State Board of Technical Education established under the Haryana State Board of Technical Education Act, 2008 (19 of 2008); (f) "Indian Institute of Technology" means the Indian Institute of Technology incorporated under the Institute of Technology Act, 1961 (Central Act 59 of 1961); (g) "Indian Medical Council" means Indian Medical Council constituted under the Indian Medical Council Act, 1956 (Central Act 102 of 1956); (h) "Institution" means an institution, not being a college maintained by the University; (i) "National Council for Vocational Training" means National Council for Vocational Training established by the Central Government; (j) "National Institute of Technology" means an institution listed in the Schedule to the National Institute of Technology Act, 2007 (Central Act 29 of 2007); (k) "National Occupational Standards" means the National Occupational Standards developed by the Sector Skill Councils concerned; (l) "National Skill Development Agency" means the National Skill Development Agency as constituted by the Central Government; (m) "National Skill Development Corporation" means the National Skill Development Corporation as established by the Central Government; (n) "National Skill Qualification Framework" means the qualification assurance framework for skills as notified by the Central Government; (o) "Pharmacy Council of India" means the Council constituted under the Pharmacy Act, 1948 (Central Act 8 of 1948); (p) "prescribed" means prescribed by the Statutes and Regulations; (q) "Sector Skill Council" means the Sector Skill Council recognized as such by the National Skill Development Corporation of Central Government; (r) "State" means the State of Haryana; (s) "State Government" means the Government of the State of Haryana in the administrative department; (t) "State Sector Skill Council" means Sector Skill Council recognized as such by the State Government; (u) "Statutes", "Ordinances" and "Regulations" mean respectively the Statutes, Ordinances and Regulations of the University made under this Act; (v) "University" means the Shri Vishwakarma Skill University established under this Act; (w) "University Grants Commission" means the University Grants Commission established under the University Grants Commission Act, 1956 (Central Act 3 of 1956); (x) "University teachers" means professors, associate professors, assistant professors and such other persons as may be appointed for imparting instructions, trainings or conducting research in the University or in any college or institution and are designated as teachers by the Ordinances; and (y) "vocational education" means such education that prepares a person to work as a technician in a trade, craft, or in support role in professions such as engineering, accountancy, nursing, medicine, architecture, law etc.
3. Court and its constitution.
The Court shall consist of the following members, namely: - I. Ex-officio members- (i) the Chancellor; (ii) the Vice-Chancellor; (iii) the Administrative Secretary to Government, Haryana, Finance Department, or his nominee; (iv) the Administrative Secretary to Government, Haryana, Higher Education Department or his nominee; (v) the Administrative Secretary to Government, Haryana, Skill Development & Industrial Training Department or his nominee; (vi) the Registrar. II. Other members- (i) professors of the University not exceeding three on the basis of seniority by rotation; (ii) two eminent academicians and three representatives from industry, to be nominated by the Chancellor on the recommendation of the Vice-Chancellor. III. (i) The Registrar shall be the Member-Secretary of the Court. (ii) Save as otherwise expressly provided, the members of Court, other than ex-officio members, shall hold office for a term of two years. (iii) At all meetings of the Court, three-fifth of the members shall form a quorum: Provided, if the quorum is in fraction, and figure in decimal is equal to or more than half, it shall be rounded off to next higher number.
4. Objects of University
The University shall have the following objects, namely: – (a) to emerge as one of the foremost institution of quality in skill education recognized by industry, nationally and internationally; (b) to develop qualified youth with skill proficiency and competency at different levels as per National/State qualifications of skill education; (c) to promote skill education in an integrated and holistic manner with higher education to ensure pathways for progression and mobility; (d) to provide opportunities for flexible learning systems and skill development; (e) to frame credit framework for competency based skill and vocational education; (f) to exchange expertise and best practices in support of skill developments efforts with any other college, institution, organization, university etc.; (g) to disseminate knowledge/skill through seminars, conferences, executive education programmes, community development programmes, publications and training programmes; (h) to undertake programmes for the training and development of faculty members and teachers of the University and other institutions; (i) to undertake collaborative research with other organizations; (j) to create entrepreneurs by providing necessary skill and support; (k) to provide consultancy to government, semi-government, public and private industries; (l) to create an Industry Academia partnership by inviting industry and institutions for mutual benefits; (m) to ensure that the standard of degree, diploma, certificates and other academic distinctions are not lower than those laid down by statutory regulatory authorities in India; and (n) to pursue any other objects, as may be prescribed.
5. 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 Administrative Secretary to Government, Haryana, Finance Department or his nominee; (iii) the Administrative Secretary to Government, Haryana, Higher Education Department or his nominee; (iv) the Administrative Secretary to Government, Haryana, Technical Education Department or his nominee; (v) the Administrative Secretary to Government, Haryana, Skill Development & Industrial Training Department or his nominee; (vi) the Administrative Secretary to Government, Haryana, Industries Department or his nominee; II. Other members- (i) two Deans of Faculties or university professors/academicians to be nominated by the Vice-Chancellor, by rotation in accordance with the procedure laid down by the University; (ii) three Professors from other universities to be nominated by the Vice-Chancellor; (iii) five 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/ National Skill Development Corporation/ National Skill Development Agency etc.; (iv) the Mission Director, Haryana Skill Development Mission. III (i) The Registrar shall be the ex-officio Secretary of the Executive Council. (ii) three-fifths of the members shall form a quorum: Provided if the quorum is in fraction, and equal to or more than half, it shall be rounded off to next higher number (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.
6. Power of Executive Council.
The Executive Council shall exercise the following powers, namely: - (a) To hold, control and administer the revenue, property and fund of the university. (b) To recommend creation or abolition of teaching, academic and non-teaching posts to the State Government. (c) to appoint professors, associate professors, assistant professors, other academic staff on the recommendations of the Selection Committee constituted for the purpose and to fill up temporary vacancies therein; (d) to make administrative, ministerial and other posts and to make appointments thereto, in the manner prescribed by the Statutes; (e) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the University and for that purpose, to appoint such agents, as it may think fit; (f) to invest any money belonging to the University including any unapplied income in such stocks, funds, shares or securities as it shall, from time to time, think fit or in the purchase of immovable property in India with the like power 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 or the Statutes, or the ordinances; and (o) Any decision of the Executive Council in the matters involving additional financial liability and those relating to the annual budget of the University shall hold good only if Administrative Secretary to Government, Haryana, Finance Department, or his nominee is present and has consented to the decision. (p) To review and deliberate on short and long reforms in academic, research and development activities, finance, management and governance that are taking place at the national and global level with a view to allow them to percolate into the University; (q) To have powers to create or approve any new councils as deemed appropriate by the University to promote Skill development strategy; (r) To prescribe Honoria, remunerations, fees and travelling and other allowances for paper-setter and other examination staff, visiting faculty, and fees or changes for any other services rendered to the University. (s) To exercise all powers of the University not otherwise provided for by the Act, the Statutes, or the Ordinances.
7. Powers and functions of the University
(c) to develop credit framework in accordance with the National Occupational Standards as specified by the National Skill Qualification Framework; (d) to develop curriculum packages of skill at different levels, as may be defined by the University or by the National Skill Qualification Framework; (e) to define norms and parameters of skill education, teaching and instruction, consistent with the credit framework and curriculum packages, as the University may deem fit; (f) to award degrees, diplomas, certificates and other distinctions; (g) to define norms of examination or any other measure of assessment of knowledge and competency of a student for admission to the University or institution; (h) to hold examinations or other assessments of knowledge or competency, or accredit the examination or other assessment system of institution, as the University may, from time to time determine; (i) to recognize industries or training centres for the purposes of practical training of students in skill and to define norms for recognition of competency attained by a student in such practical training in industry or training centre for the purpose of earning credits; (j) to lay down norms for transfer of credits to promote new learning opportunities without compromising on learning outcomes; (k) to appoint persons possessing significant experience, knowledge and competency, as adjunct, guest or visiting faculty of the University, on such terms and for such duration, as the University may decide; (l) to lay down parameters for assessment and accreditation of skill educators and training providers in accordance with the norms specified under the National Skill Qualification Framework, or such other norms, as may be determined by the University; (m) to determine, specify and receive payment of fees and other charges, from students, institution, industry or body corporate for instructions and other services, including training, consultancy and advisory services, provided by the University, as the University may deem fit; (n) to acquire, hold, manage and dispose of any property belonging to or vested in the University, in such manner, as the University may deem fit; (o) to receive gifts, grants, donations or benefactions from the Central Government and the State Government and to receive bequests, donations and transfer of movable or immovable properties from testators, donors or transferors, as the case may be; (p) to establish its own school to provide skill education, for identification and recognition of prior learning of skill; (q) to establish and maintain such infrastructure including campuses and training centers within its territorial jurisdiction; (r) to institute and award fellowship, scholarships, exhibitions, prizes and medals; (s) to collaborate with any other Indian or foreign university or institution in offering joint degree programmes for bridging skill education with higher education; (t) to promote national and international collaboration with institutions of skill education for the purpose of developing competency, knowledge and ability to global standards; (u) to establish its own production house, incubation centre, retail house or service centre or any other centre which shall provide practical training to enhance skill level of youth; and (v) to create posts and prescribe the terms and conditions of appointment of Director, Principal, University teacher, non-vacation academic staff, non-teaching skilled, administrative and ministerial staff and such other posts, as required by the university, subject to the provisions of section 35; (w) to establish, maintain and manage, whenever necessary, (a) Knowledge Resource Centre; (b) University extension boards; (c) Information bureaus; (d) Employment guidance bureaus; (e) Autonomous Evaluation Boards; (x) to do all such things as may be necessary, incidental or conducive to the attainment of all or nay of the objects of the University.
8. Powers of Skill Council.
(1) The Skill 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 instructions, evaluation of research of improvements in academic standards; (b) to consider matters of skills and 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 Departments/ Faculties; (e) to frame such regulations consistent with the Statutes and Ordinances regarding the skill training and academic functions of the University, discipline, residence, admissions, equivalency, awards of fellowships, studentships, scholarships, medals and prizes, fee concessions, corporate life and attendance; and (f) to accord recognition to various certificate diploma, advanced diploma and degree programmes run by
9. Composition of the Finance Committee.
(1) The Finance Committee shall consist of the following persons, namely: I. Ex-officio members: - (a) the Vice-Chancellor (Chairperson); (b) the Administrative Secretary to Government, Haryana, Finance Department or his nominee; (c) the Administrative Secretary to Government, Haryana, Higher Education Department or his nominee; (d) the Administrative Secretary to Government, Haryana, Skill Development & Industrial Training Department or his nominee. 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) One senior Professor 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) Five members, out of whom at least two members shall be Government nominees, shall form the quorum.
10. Functions and powers of Finance Committee.
(1) The Finance Committee shall examine the accounts and scrutinize the proposals for expenditures and shall submit the annual budget to the Executive Council for approval. No expenditure in the budget shall be incurred by the University without the prior approval of the Finance Committee which shall fix limits for the total recurring and non- recurring expenditure for the year based on the resources and the income of the University. No expenditure shall be incurred by the University in excess of the limits so fixed. (2) It shall examine and recommend to the Executive Council the creation of teaching and other posts. (3) The annual accounts and the official estimates of the University shall be laid before the Finance Committee for its consideration and comments.
11. 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 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, libraries, and equipment and of any college or institution maintained by the University and also of the examinations, teaching and other work conducted and 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, colleges or institutions. (5) The Chancellor shall, in every case, give notice to the University of his intention to cause an inspection or inquiry to be made and on receipt of such notice, the University shall have the right to make such representation to the Chancellor, as it may consider necessary. (6) After considering the representation, if any, made by the University, the Chancellor may cause to be made such inspection or inquiry, as is referred to in sub-section (4). (7) Where any inspection or inquiry has been caused to be made by the Chancellor, the University shall be entitled to appoint a representative who shall have the right to be present and to be heard at such inspection or inquiry. (8) The Chancellor may, if the inspection or inquiry is made in respect of the University or any college or institution maintained by it, address the Vice-Chancellor with reference to the result of such inspection or inquiry, and the Vice-Chancellor shall communicate to the Executive Council, the views of the Chancellor and the action to be taken thereon as advised by the Chancellor. (9) The Executive Council shall communicate through the Vice-Chancellor to the Chancellor such action, if any, as it proposes to take or has taken upon the result of such inspection or inquiry. (10) Where the Executive Council does not, within a reasonable time, take action to the satisfaction of the Chancellor, the Chancellor, may, after considering any explanation furnished or representation made by the Executive Council, issue such directions, as he may think fit and the Executive Council shall comply with such directions. (11) Without prejudice to the foregoing provisions of this section, the Chancellor may, by order in writing, annul any proceedings of the University, which are not in conformity with this Act, the Statutes or the Ordinances: Provided that before making any such order, he shall call upon the University to show cause why such an order should not be made, and if any cause is shown within a reasonable time, he shall consider the same. (12) The Chancellor may, at any time, require or direct the University to act in conformity with the provisions of this Act and the Statutes, Ordinances and Regulations made thereunder. (13) The power exercised by the Chancellor under sub-section (11) and sub-section (12) shall not be called in question in any Civil Court. (14) Any employee of the University, who is aggrieved by the decision of the Executive Council or the Vice-Chancellor in respect of any disciplinary action taken against him, may address a memorial to the Chancellor in such manner, as may be prescribed by the Statutes and the decision of the Chancellor shall be final. (15) The Chancellor shall have such other powers, as may be prescribed by the Statutes.
12. Vice-Chancellor
(3) [Referred to in context of previous page text] Council, three months prior to the expiry of term of the Vice- Chancellor, 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 State Government. The terms and conditions of service of the Vice-Chancellor shall be determined by the Chancellor, on the advice of the State Government”. (4) 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 68 years irrespective of the fact that his term has not expired. (5) If the Vice-Chancellor is unable to perform his duties owing to his temporary incapacity on account of illness or any other reason, or the office of the Vice-Chancellor falls vacant due to death, resignation or otherwise, the Chancellor may make arrangements for the performance of duties of the Vice-Chancellor until the existing Vice-Chancellor is able to resume his office or until a regular Vice- Chancellor is appointed, as the case may be. (6) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University. (7) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act, except in the matters involving creation or abolition of a faculty, department or post and the matter involving appointment or removal of an employee: Provided that the Vice-Chancellor before exercising powers under this section shall record in writing the reasons, why the matter cannot wait till the meeting of the authority concerned: Provided further that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the Chancellor, whose decision thereon shall be final: Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to represent to the Executive Council within one month from the date on which decision on such action is communicated to him and thereupon the Executive Council may confirm, modify or reverse the action taken by the Vice-Chancellor. The employee shall be informed that the action has been taken under emergency powers. (8) The Vice-Chancellor shall exercise such other powers and perform such other duties, as may be prescribed by the Statutes or Ordinances. (9) The Chancellor may, on the advice of the State 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: Provided that the Chancellor may curtail working powers and functions of Vice-Chancellor in case he is of the opinion that an ongoing matter in a complaint against the Vice-Chancellor is serious enough to be an impediment in discharging the duties of the Vice- Chancellor and may make arrangements for the performance of the duties of Vice-Chancellor until the existing Vice-Chancellor is able to resume his office or until a regular Vice-Chancellor is appointed, as the case may be.
13. Selection Committee.
(1) A Selection Committee for the appointment of any professor, associate professor and assistant professor shall consist of: - (i) the Vice-Chancellor; (ii) the Dean of Faculty; (iii) the Chairperson of the Department concerned, if he is a professor; (iv) three experts in the concerned subject, to be invited on the basis of the list recommended by the Vice-Chancellor and approved by the Executive Council; (v) the nominee of President, Haryana Skill Development Mission; (vi) an academician nominated by the Chancellor. Provided that the Vice- Chancellor may add more names to the panel in special circumstances and report these names to the Executive Council at its next sitting. (2) The University may utilize the seminar or colloquium method for the selection of associate professor or assistant professor. (3) The Selection Committee for the Librarian, Deputy Librarian and Assistant Librarian and Director, Deputy Director and Assistant Director of Physical Education shall be the same as that of professor, associate professor and assistant professor respectively, except that the concerned expert in Physical Education or administration or Library Science, as the case may be, shall be associated with the Selection Committee. (4) At least five members, including two outside subject-experts, shall constitute the quorum. (5) The panels of names drawn up by the Executive Council and the additions, if any, made thereto by the Vice-Chancellor as provided in the Statutes, shall be subject to approval of the Chancellor: Provided that in case one of the experts fails to turn up at 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. (6) The Vice-Chancellor shall preside over at the meetings of a Selection Committee. The meeting of a Selection Committee shall be convened by, or under the directions of the Vice-Chancellor. (7) 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. (8) The process of selection shall involve the following: (a) short listing of applications in accordance with the guidelines as prescribed by the University; (b) assessment of aptitude for teaching, skill, research and publications; (c) ability to analyze and discuss; (d) ability to communicate clearly and effectively: Provided that ability to communicate may be assessed by requiring the candidate to participate in a group discussion or by exposure to a class room situation/ lecture/ laboratory, wherever it is possible. Note:- A representative of the Scheduled Caste or Scheduled Tribe, women and physically handicapped persons shall be in the Selection Committee whenever a candidate from any of these categories appears for the interview.
14. Establishment Committee.
(1) Subject to the control of the Executive Council, the Establishment Committee shall consist of: - (i) the Vice-Chancellor; (ii) two members of the Executive Council nominated by the Vice-Chancellor; (iii) expert 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; (iv) the Registrar. (2) The Vice-Chancellor shall preside over at the meetings 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 Establishment Committee shall recommend to the Executive Council appointments to Non-Teaching Posts. Explanation: - “appointment‟ shall include direct appointment as well as promotion to all non-teaching posts including posts in the University Library and Sports Department.
15. Constitution and function of Planning Board.
(1) The Planning Board shall consist of- (a) the Vice-Chancellor; (b) the Administrative Secretary to Government, Haryana, Finance Department or his nominee; (c) the Administrative Secretary to Government, Haryana, Higher Education Department or his nominee; (d) the Administrative Secretary to Government, Haryana, Skill Development & Industrial Training Department or his nominee. (e) not more than ten 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 followings: - (i ) nominee of the All India Council for Technical Education; (ii) Director of one the Indian Institute of Technology; (iii) the Director, Indian Institute of Management, Rohtak; (iv) the Vice-Chancellor of one of the Technical Universities of India; (v) nominee of the State Government; (vi) five persons of high standing in education and industry; (vii) the Mission Director, Haryana Skill Development Mission; (viii) representative of Ministry of Skill Development and Entrepreneurship, Government of India. (ix) The Registrar shall be the Secretary to the Board. (2) The recommendations of the Board shall be implemented after they are approved by appropriate authorities of the University. (3) It shall advise on the planning and development of the University particularly in respect of the standard of education and research in the University.
16. Court
(1) The Constitution of the Court, and the term of office of its members shall be prescribed by the Statutes. (2) Subject to the provisions of this Act, the Court shall have the following powers and functions, namely: - (a) to review, from time to time, the broad policies and programmes of the University and to suggest measures for the improvement and development of the University; (b) to consider and pass resolution on the annual report, annual budget and the annual accounts of the University and on the audit report of such accounts; (c) to advise the Chancellor in respect of any matter which may be referred to it for advice; and (d) to perform such other functions, as may be prescribed by the Statutes.
17. Executive Council
(1) The Executive Council shall be the principal executive body of the University. (2) The constitution of the Executive Council, the term of office of its members and its powers and functions shall be such, as may be prescribed by the Statutes.
18. Skill Council
(1) The Skill Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and Ordinances, co-ordinate and exercise general supervisions over all academic and skill training policies of the University. (2) “The constitution of the Skill Council, the term of office of its members and its powers and functions shall be such, as may be prescribed.”
19. Boards of Studies.
(1) Every Department included in Faculty, may have two Boards of Studies, one for certificate/ diploma studies and the other for undergraduate/ postgraduate studies and research. (2) The Board of Studies shall be constituted on the recommendation of Executive Council and Skill Council.
20. 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 Ordinances; or
21. Withdrawal of approval, recognition of teachers.
Approval, recognition to a teacher may be withdrawn by University- (a) if the teacher fails to perform duties in accordance with the manner laid down by the Ordinances; (b) if sufficient evidence is laid before the Executive Council that the teacher has committed an act which in their opinion is a serious offence, the Executive Council may withdraw approval, recognition of the teacher.
22. 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 conditions under which colleges and institutions may be admitted to the privileges of the University and the withdrawal of the same; (i) the delegation of powers vested in the authorities or officers of the University; and (j) all other matters which by this Act are to be or may be provided for, by the Statutes.
23. Statutes
(1) On the commencement of this Act, the Statutes of the University shall be those, as set out in the Schedule: Provided that the authorities of the University constituted under the Statutes framed before the commencement of this Act, shall continue to exercise all the powers and perform all the functions under this Act, till such authorities are constituted in terms of the Statutes set out in the Schedule referred to above. (2) The Executive Council may, from time to time make new or additional Statutes or may amend or repeal the Statutes in the manner hereinafter provided in this section: Provided that the Executive Council shall not make, amend or repeal any Statute, affecting the status, power or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes and any opinion so expressed shall be considered by the Executive Council. (3) The Skill Council may propose to the Executive Council a draft of any Statute relating to academic matters for consideration by the Executive Council. (4) Every new Statute or addition to the Statute or any amendment or repeal of a Statute shall require the approval of the Chancellor, who may approve, disapprove or remit it for further consideration. A Statute passed by the Executive Council shall have no validity until it has been assented to by the Chancellor. (5) Notwithstanding anything contained in the foregoing sub-sections, the Chancellor either suo motu or on the advice of the State Government, may direct the Executive Council, to make, amend or repeal the Statutes in respect of any matter specified by him and if the Executive Council fails to implement such a direction within sixty days of its receipt, the Chancellor may, after considering the reasons, if any, communicated by the Executive Council or its inability to comply with such direction, make, amend or repeal the Statutes suitably.
24. Ordinance and their scope
Subject to the provisions of this Act and the Statutes, the Ordinances shall 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 shall be eligible for degrees and diplomas; (d) the fee to be charged for courses of study in the University and for admission to the examinations, degree and diplomas of the University; and further to make progressively the fee structures of 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; (f) the conduct of examinations, including the term of office and manner of appointment and the duties of examiners, moderators and assessors; (g) the conditions of residence of students of the University; (h) to keep the courses subsidized for first three years from the start of the course; (i) to start an apprenticeship program which has fund to promote work study programmes and provide stipend to the students; (j) to define accountabilities of all councils towards the overall performance of the University so as to accelerate the University in the direction of growth and development; (k) mechanism for prevention of ragging of students of the University and affiliated colleges; (l) mechanism for prevention, redressal of grievances and penalty for sexual harassment of University teachers, employees, student of the University and affiliated colleges in accordance with the
25. Ordinances
(1) The Ordinances shall be made, amended, repealed or added to by the Executive Council: Provided that no Ordinance shall be made-(i) affecting the admission or enrolment of students or prescribing examinations to be recognized as equivalent to the University examinations; and (ii) affecting the conditions, mode of appointment or duties of examiners or the conduct or standard of examination or any course of study, unless the draft of such an Ordinance has been proposed by the Skill Council. (2) The Executive Council may return to the Skill Council for reconsideration, either in whole or in part, any draft proposed by the Skill Council under sub-section (1) along with its suggestions: Provided that the Executive Council shall not amend the draft proposed by the Skill Council itself. It may, however, reject such draft, if not found suitable when submitted to it by the Skill Council for the second time. (3) All Ordinances made by the Executive Council shall have effect from such date, as it may direct and every Ordinance made shall be communicated, as soon as may be, to the Chancellor.
26. Disqualification for membership.
A person shall be disqualified for being a member of any of the authorities, bodies and committee of university and voting to the authorities, bodies and committees, if he (a) is of unsound mind and stands so declared by a competent court; or (b) is an undischarged insolvent; or (c) has been convicted of any offence involving moral turpitude; or (d) is conducting or engaging himself in private tuitions or private coaching classes; or (e) has been punished for indulging in or promoting unfair practices in the conduct of any examination and evaluation, in any form, anywhere; or (f) has willfully omitted or refused to carry out the provisions of this Act, Statutes or Ordinances, or has acted in any manner detrimental to the interests of the university; or (g) has been punished in any form, by the competent authority for committing a misconduct; or (h) discloses or causes to disclose to the public, in any manner whatsoever, any confidential matter, in relation to the examination and evaluation, the knowledge of which he has come to be in possession, due to his official position: Provided that, the right of voting of the person in respect of clauses (e) and (g) shall remain suspended during the term of punishment under the said clauses.
27. Delegation of administrative and financial powers.
(1) The officers, teachers and other employees of the University may exercise such administrative and financial powers, as the Executive Council may delegate through Ordinances, Regulations or by resolutions adopted by it subject to the control of the Vice-Chancellor and the superior officers concerned. (2) The Vice-Chancellor or the Registrar, 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, with the prior approval of the Vice-Chancellor.
28. 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/State Government, the Ministry of Skill Development and Entrepreneurship, National Skill Development Agency, National Skill Development Corporation, University Grants Commission, All India Council for Technical Education or like authority, any local authority or any corporation owned or controlled by the State 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 a manner, as may be prescribed by the Statutes. (4) The State Government may, every year, provide grant-in-aid to facilitate and promote studies and research.
29. 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 State 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 observations made by the Chancellor on the annual accounts shall be brought to the notice of the Court and observations of the Court, if any, shall after being considered by the Executive Council, be submitted to the Chancellor. (2) The annual accounts of the University shall also be submitted to the State Government at the time of its submission to the Chancellor.
30. Conditions of service of officers and teachers
(1) Every salaried officer and teacher, except the Vice-Chancellor and Registrar, 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, one member nominated by the officer or teacher concerned and one nominee of the Chancellor. The decision of the majority of the members of the Tribunal shall be final and no suit shall lie in any Civil Court in respect of the matter decided by the Tribunal. (2) Every such request shall be deemed to be a submission to arbitration within the meaning of the Arbitration and Conciliation Act, 1996 (Central Act 26 of 1996).
31. Questions & Interpretations
If any question arises regarding the interpretation of Provision of this Act, or of any Statutes, Ordinance or Regulation or Rule, or whether a person has been duly appointed or nominated or co-opted as a member or is entitled to be a member of any authority or body of the University, the matter may, be referred, on petition by any person or body directly affected or suo moto by the Vice Chancellor to the Chancellor, who shall after taking such advice as he thinks necessary, decide the question, and his decision shall be final: Provided that, such reference shall be made by the Vice-Chancellor upon a requisition signed by not less than one fourth members of the Court
32. Vacancy not to invalidate proceedings
No act done, or proceeding taken, under this Act by any authority or other body of the University shall be invalid merely on the ground of any-(a) vacancy or defect in the constitution of the authority or body; or (b) defect or irregularity in election, nomination or appointment of a person acting as a member thereof; or (c) defect or irregularity in such act or proceeding, not affecting the merits of the case.
33. Certain disputes to be referred to Chancellor
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, matter shall be referred to the Chancellor, whose decision thereon shall be final.
34. Power to remove difficulties
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, do anything not inconsistent with the provisions of this Act which appears to it to be necessary or expedient for the purpose of removing the difficulty.
35. 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 State Government: Provided that the State 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.
36. Protection of action taken in good faith
No suit or other legal proceedings shall lie against any officer or employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or Ordinances.
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