The Dr. P. A. INAMDAR University, Pune Act, 2022
The Dr. P. A. INAMDAR University, Pune Act, 2022
1. Short title and commencement
- (1) This Act may be called as the Dr. P. A.
2. INAMDAR University, Pune Act, 2022.
Definitions In this Act, unless the context otherwise requires,—
- (a) "adjunct professor", "adjunct associate professor" or "adjunct assistant professor" means a person from industry, trade, commerce, social, cultural, academic or any other allied fields who is so designated during the period of collaboration or association with the university ;
- (b) "authorities" means the authorities of the university as specified by or under this Act;
- (c) "Board of Management" means the Board of Management constituted under section 22 of this Act;
- (d) "campus" means the area of the university within which it is established;
- (e) "center of excellence" means the state-of-the-art training or research center established in collaboration with industry or for the benefit of the industry and society to provide all types of relevant skills to students, in-service employees, working professionals and to undertake joint projects;
- (f) "distance and online education" means education imparted by combination of any two or more means of communication, viz. broadcasting, telecasting, correspondence courses, seminars, contact programs and any other such methodology;
- (g) "employee" means any person appointed by the university and includes teachers, officers and other staff of the university;
- (h) "fee" means monetary collection made by the university or its colleges, institutions or study centers, as the case may be, from the students by whatever name it may be called, which is not refundable;
- (i) "Government" or "State Government" means the Government of Maharashtra;
- (j) "Governing Body" means the Governing Body constituted under section 21 of this Act;
- (k) "higher education" means pursuit of knowledge beyond learning at the stage of higher secondary school education;
- (l) "hostel" means a place of residence for the students of the university, or its institutions and study centers, established or recognized to be as such by the university;
- (m) "notification" means a notification published in the Official Gazette;
- (n) "Official Gazette" means the Maharashtra Government Gazette;
- (o) "prescribed" means prescribed by Statutes or Ordinances or Regulations, as the case may be, made by or under this Act;
- (p) "President" means the President of the university who shall also be the Chancellor of the university;
- (q) "regulating body" means a body established by the Central Government for laying down norms and conditions for ensuring academic standards of higher education, such as the University Grants Commission, All India Council of Technical Education, National Council of Teacher Education, National Medical Commission, Pharmacy Council of India, National Council of Assessment and Accreditation, Indian Council of Agriculture Research, Distance Education Council, Council of Scientific and Indian Research, etc., and includes the Government;
- (r) "rules" means the rules made by the State Government; "section" means a section of this Act;
- (t) "sponsoring body" in relation to the university established under this Act, means the Maharashtra Cosmopolitan Education Society, Pune registered as a society under the Societies Registration Act, 1860 and a Public Trust registered under the Maharashtra Public Trusts Act having its registered office at 2390-B, K. B. Hidayatullah Road, Azam Campus, Camp, Pune;
- (u) "State" means the State of Maharashtra;
- (v) "Statutes", "Ordinances" or "Regulations" mean respectively, the Statutes, Ordinances or Regulations of the university made under this Act;
- (w) "student" means a person enrolled in the university for taking a course of study for a degree, diploma or other academic distinction instituted by the university, including a research degree;
- (x) "study center" means a center established and maintained or recognized by the university for the purpose of advising, counseling or for rendering any other assistance required by the students in the context of distance education;
- (y) "teacher" means a Professor, Associate Professor, Assistant Professor, Adjunct Professor or any other person required to impart education or to guide research or to render guidance in any form to the students for pursuing a course of study of the university;
- (z) "university" means the Dr. P. A.
3. INAMDAR University, Pune.
Incorporation
- (1) There shall be established a university by the name of the Dr. P. A. INAMDAR University, Pune.
- (2) The President, the Vice-Chancellor, the Governing Body, the Board of Management, the Academic Council and all other persons who may hereafter become such officers or members so long as they continue to hold such office or membership, are hereby constituted and declared to be a body corporate by the name of "the Dr. P. A. INAMDAR University, Pune".
- (3) The university shall have perpetual succession and a common seal and shall sue and be sued by the said name.
- (4) The university shall function as a non-affiliating university established under this Act and it shall not affiliate any other college or institute for the award or conferment of degree, diploma or certificate to the students admitted therein.
- (5) The university shall be situated and have its head-quarters at the Dr. P. A. INAMDAR University, 2390-B, K. B.
4. Hidayatullah Road, Azam Campus, Camp, Pune, Maharashtra 411 001.
Objects of university The objects of the university shall be as follows, namely :—
- (a) to provide learning, teaching, capacity, capability and skills development and research and development in higher and technical education, covering Liberal Arts, Humanities, Social Sciences, Life Sciences and Biotechnologies, Nano-Sciences and Technologies, Professional Disciplines such as Engineering, Technology, Management, Business and Commerce, Applied and Creative Arts, Vocational Education, Media, Information and Communication Technology and Education per se and their inter-disciplinary studies and development with emphasis on Construction, Real Estate, Infrastructure and Project (CRIP);
- (b) to provide instructions, teaching and training in Higher and Technical Education, Arts, Sports, Culture, Film, Space Technologies, Marine Research and make provisions for research;
- (c) to create higher level of cognitive, affective and psychomotor (head, hearts and hands) abilities;
- (d) to create higher levels of intellectual abilities;
- (e) to create and deploy new educational programs to promote creativity, innovation and entrepreneurship for inventing new ways for development and social reconstruction and transformation;
- (f) to establish state-of-the-art facilities for education and development;
- (g) to carry out teaching and research and offer continuing quality education programmes;
- (h) to create centers of excellence for research and development in Science and Technology and socio-economic development, and for sharing knowledge and its application;
- (i) to use modern and post-modern processes, mechanisms and technologies for governance and management of learning, teaching, researching, evaluating, developing, organizing and creating socio-economic wealth for individuals and society in 21st century;
- (j) to provide professional and development services to the industry and public organizations and society;
- (k) to start higher education programs, courses in new and emerging areas with innovative approaches;
- (l) to establish links, collaborations and partnerships with other higher education and research institutions in India and abroad;
- (m) to institute degrees, diplomas, certificates and other academic distinctions on the basis of examinations, or any other methods of evaluation;
- (n) to establish innovative approaches for creation of seamlessness in academic structures, learning time-frames, and working and continuous evaluation processes for nurturing and cultivation of creativity and entrepreneurship;
- (o) to pursue any other objectives as may be suggested by the Government;
- (p) to ensure that the standard of the degrees, diplomas, certificates and other academic distinctions conferred by a university are not lower than those laid down by the All India Council for Technical Education or the National Council for Teacher Education established under the National Council for Teacher Education Act, 1993 or the University Grants Commission constituted under the University Grants Commission Act, 1956 or the Pharmacy Council of India constituted under the Pharmacy Act, 1948 or the Bar Council of India constituted under the Advocates Act, 1961 or any other statutory body, as the case may be.
5. Powers and functions of university
The university shall have the following powers and functions, namely :—
- (i) to make provisions and adopt all measures (including adoption and updating of the curricula) in respect of study, teaching and research, relating to the courses through traditional as well as new innovative modes including on-line education mode;
- (ii) to institute and confer degrees, diplomas, certificates, awards, grades, credits and academic distinctions;
- (iii) to conduct and hold examinations;
- (iv) to provide for the degrees, diplomas, certificates, equivalent or corresponding to the degrees, diplomas, certificates of other recognized universities, Boards or Councils;
- (v) to take all necessary measures for setting up campus;
- (vi) to set up central library, departmental libraries, museums and allied matters;
- (vii) to institute and confer honorary degrees as may be prescribed;
- (viii) to institute and award fellowships, scholarships, studentships as may be specified;
- (ix) to take special measures for spreading educational facilities among the educationally backward strata of the society;
- (x) to encourage and promote sports and other extra-curricular activities;
- (xi) to create technical, administrative and other necessary posts and to make appointments thereto;
- (xii) to undertake research projects on mutually acceptable terms and conditions;
- (xiii) to provide consultancy services;
- (xiv) to frame statutes, ordinances, rules and regulations for carrying out the objects of the university in accordance with the provisions of the Act;
- (xv) to encourage and promote co-curricular activities for personality development of the teachers, students and employees of the university;
- (xvi) to provide for dual degrees, diplomas or certificates vis-a-vis other universities on reciprocal basis within and outside the country, as per instructions of the State Government, Government of India and University Grants Commission;
- (xvii) to make provisions for integrated courses in different disciplines in the educational programmes of the university; (xviii) to set-up colleges, institutions, off-campus centers, off-shore campus and study centres, as per instructions issued by the State Government, Central Government and University Grants Commission, from time to time;
- (xix) to receive donations, gifts and grants and to acquire, hold, manage and dispose of any property, movable or immovable, including trust or endowed property within or outside the State for the purposes and objects of the university and to invest funds;
- (xx) to prescribe the fee structure for various courses, from time to time, as per the provisions of this Act;
- (xxi) to demand and receive payments of such fees and other charges as may be specified, from time to time ;
- (xxii) to seek collaboration with other institutions on mutually acceptable terms and conditions ; (xxiii) to determine salaries, remunerations, honoraria to teachers and employees of the university in accordance with the norms, specified by the University Grants Commission and the other regulatory bodies;
- (xxiv) to organize and to undertake extra-mural teaching and extension services ;
- (xxv) to establish and maintain halls and hostels ;
- (xxvi) to recognize, supervise and control halls and hostels not maintained by the university for the residence of the students and to withdraw any such recognition ; (xxvii) to regulate and enforce discipline among students and employees of the university and to take such disciplinary measures as may be deemed necessary ; (xxviii) to make arrangements for promoting health and general welfare of the students and the employees of the university ;
- (xxix) to co-operate with any other university in and outside the country, authority or any public or private body, having in view the promotion of purposes and objects similar to those of the university for such purposes as may be agreed upon, on such terms and conditions as may, from time to time, be specified ;
- (xxx) to provide for the printing, re-printing and publication of research and other work, including text books, which may be issued by the university ;
- (xxxi) to comply and follow, from time to time, the provisions of the University Grants Commission (Establishment of and Maintenance of Standards in Private Universities) Regulations, 2003 or any other regulations or directions issued by the University Grants Commission ; (xxxii) to comply with and carry out directives issued by the State Government, from time to time, with reference to above powers, duties and responsibilities of the university ; (xxxiii) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the university.
6. University open to all
- (1) No citizen of India shall be excluded from any office of the university or from membership of any of its authorities, bodies or committees, or from appointment to any post, or from admission to any degree, diploma, certificate or other academic distinction or course of study on the ground only of sex, race, creed, class, caste, place of birth, religious belief or profession, or political or other opinion.
- (2) The university shall adopt the Government policy and orders issued, from time to time, in regard to the reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes, Special Backward Category and Economically Weaker Sections
- (EWS) for the purpose of admission of students in the university departments and institutions.
- (3) The university shall adopt the general policy of the State Government in regard to the welfare of various categories of weaker sections of the society and minorities as directed by the State Government, from time to time.
7. University to be self-financed
The university shall be self-financed and it shall not be entitled to receive any grant or other financial assistance from the Government.
8. Endowment Fund
- (1) The sponsoring body shall establish a permanent statutory fund to be called the "Endowment Fund for the university" which shall comprise of at least ten crore rupees which may be increased suo motu but shall not be decreased.
- (2) The Endowment Fund shall be kept as security deposit to ensure strict compliance of the provisions of this Act or rules, regulations, statutes or ordinances made thereunder.
- (3) The Government shall have the powers to forfeit, in the prescribed manner, a part or whole of the Endowment Fund in case the university or the sponsoring body contravenes any of the provisions of this Act, rules, statutes, ordinances or regulations made thereunder.
- (4) Income from Endowment Fund may be utilized for the development of infrastructure of the university but shall not be utilized to meet out the recurring expenditure of the university.
- (5) The amount of Endowment Fund shall be kept invested, until the dissolution of the university, by way of long term securities received or guaranteed by the Government subject to the condition that the amount so invested from the Fund shall not be withdrawn without the permission of the Government.
- (6) The certificates of the long term securities shall be kept in the safe custody of the Government; and the Government shall have the right to encash the deposit amount for the purposes mentioned in sub-section (3).
9. General Fund
The university shall also establish a fund, which shall be called the General Fund to which the following shall be credited, namely :—
- (i) fees and other charges received by the university ;
- (ii) any contribution made by the sponsoring body ;
- (iii) any income received from consultancy and other works undertaken by the university ;
- (iv) bequests, donations, endowments and any other grants ; and
- (v) all other sums received by the university.
10. Application of General Fund
The General Fund shall be utilized for meeting all expenses, recurring or non-recurring in connection with the affairs of the university : Provided that, no expenditure shall be incurred by the university in excess of the limits for total recurring expenditure and total non-recurring expenditure for the year, as may be fixed by the Board of Management, without the prior approval of the Board of Management.
11. Officers of university
The following shall be the officers of the university, namely :—
- (i) the President who shall also be the Chancellor ;
- (ii) the Vice-Chancellor ;
- (iii) Deans of Faculties ;
- (iv) the Registrar ;
- (v) the Chief Finance and Accounts Officer ;
- (vi) the Controller of Examinations ; and
- (vii) such other persons in the service of the university as may be declared by the statutes to be the officers of the university.
12. President
- (1) The President shall be appointed by the sponsoring body for a period of three years, with the approval of the Government in such manner, as may be prescribed by the rules.
- (2) The eligibility criteria for the post of the President shall be as may be prescribed by the rules issued by the State Government.
- (3) The President shall be the Head of the university.
- (4) The President shall preside over at meetings of the Governing Body and convocation of the university for conferring the degrees, diplomas or other academic distinctions.
- (5) The President shall have the following powers, namely :—
- (a) to call for any information or record from any officer or authority of the university, relating to the affairs of the university ;
- (b) to appoint the Vice-Chancellor ;
- (c) to remove the Vice-Chancellor in accordance with the provisions of sub-section
- (7) of section 14 ;
- (d) such other powers as may be specified by the Statutes.
13. Removal of President
The President may be removed from his office by the sponsoring body, if it is satisfied that the incumbent,—
- (a) becomes insane and stands so declared by a competent court; or
- (b) has been convicted by a court for any offence involving moral turpitude; or
- (c) become an undischarged insolvent and stands so declared by a competent court; or
- (d) become physically unfit and incapable of discharging the functions or duties of the office due to protracted illness or physical disability; or
- (e) willfully omitted or refused to carry out the provisions of this Act or has committed breach of any of the terms and conditions of the service contract or any other conditions laid down by the statutes, or has abused the powers vested in him or if the continuance of the President in the office has become detrimental to the interests of the university :
14. Provided that, the President shall be given a reasonable opportunity to show cause by the sponsoring body before taking recourse to action under clauses (d) and (e) for his removal from the said office.
Vice-Chancellor
- (1) The Vice-Chancellor shall be appointed by the President, on such terms and conditions as may be specified by statutes, from a panel of three persons recommended by the Governing Body and shall, subject to the provisions contained in sub-section (7), hold office for a term of three years: Provided that, after the expiry of the term of three years, the Vice-Chancellor shall be eligible for re-appointment for another term of three years: Provided further that, the Vice-Chancellor shall continue to hold office even after the expiry of his term till the new Vice-Chancellor joins his duties, however, in any case, this period shall not exceed one year.
- (2) The Vice-Chancellor shall be the principal executive and academic officer of the university and shall have the powers of superintendence and control over the affairs of the university and shall execute the decisions of various authorities of the university.
- (3) The Vice-Chancellor shall preside over at the convocation of the university in the absence of the President.
- (4) If in the opinion of the Vice-Chancellor, it is necessary to take immediate action on any matter for which powers are conferred on any other authority by or under this Act, he may take such action as he deems necessary and shall at the earliest opportunity thereafter, report his action to such officer or authority as would have in the ordinary course dealt with the matter : Provided that, if in the opinion of the concerned officer or authority such action should not have been taken by the Vice-Chancellor, then such case shall be referred to the President, whose decision thereon shall be final.
- (5) If, in the opinion of the Vice-Chancellor, any decision of any authority of the university is outside the powers conferred by this Act or statutes, ordinances, regulations or rules made thereunder or is likely to be prejudicial to the interests of the university, he shall request the concerned authority to revise its decision within fifteen days from the date of decision and in case the authority refuses to revise such decision wholly or partly or fails to take any decision within fifteen days, then such matter shall be referred to the President and his decision thereon shall be final.
- (6) The Vice-Chancellor shall exercise such powers and perform such duties as may be specified by the statutes or the ordinances.
- (7) If at any time upon representation received or otherwise and after making such inquiry as may be deemed necessary, the situation so warrants and if the continuance of the Vice-Chancellor is not in the interests of the university, the President with approval of the Governing Body may, by an order in writing stating the reasons therein, ask the Vice-Chancellor to relinquish his office from such date as may be specified in the order :
22. Provided that, before taking an action under this sub-section, the Vice-Chancellor shall be given an opportunity of being heard.
Board of Management
- (1) The Board of Management shall consist of the following members, namely :—
- (a) the Vice-Chancellor;
- (b) two members of the Governing Body, nominated by the sponsoring body;
- (c) two Deans of the university, by rotation, to be nominated by the Vice Chancellor;
- (d) three persons, who are not the members of the Governing Body, nominated by the sponsoring body; and
- (e) three persons from amongst the teachers, nominated by the sponsoring body.
- (2) The Vice-Chancellor shall be the Chairperson of the Board of Management.
- (3) The powers and functions of the Board of Management shall be such as may be specified by the Statutes.
- (4) The Board of Management shall meet at least once in every two months.
- (5) The quorum for meetings of the Board of Management shall be five.
23. Academic Council
- (1) The Academic Council shall consist of the Vice-Chancellor and such other members as may be specified by the Statutes.
- (2) The Vice-Chancellor shall be the ex officio Chairperson of the Academic Council.
- (3) The Academic Council shall be the principal academic body of the university and shall, subject to the provisions of this Act and the rules, statutes and ordinances made thereunder, co-ordinate and exercise general supervision over the academic policies of the university.
- (4) The quorum for meetings of the Academic Council shall be such as may be specified by the Statutes.
24. Board of Examination
- (1) The Board of Examination shall be the principal authority of the university for conducting the examinations and making policy decisions in regard to organizing and holding examinations, improving the system of examinations, appointing the paper-setters, examiners and moderators and also prepare the schedule of dates for holding the examinations and declaration of the results. The Board of Examination shall also oversee and regulate the conduct of examinations in the study centers or any center related to the university. Explanation.—For the purposes of this section and of section 38, the expression "schedule of examinations" means a table giving details about the time, day and date of the commencement of each paper which is a part of a scheme of examinations and shall also include the details about the practical examinations.
- (2) The Board of Examination shall consist of the following members, namely :—
- (a) the Vice-Chancellor – Chairperson ;
- (b) Professor of each subject – Member ;
- (c) one evaluation expert, co-opted by the Board of Examination – Member ;
- (d) the Controller of Examinations – Member - Secretary.
- (3) The powers and functions of the Board of Examination shall be such as may be laid down by the Statutes.
25. Other authorities
The constitution, powers and functions of other authorities of the university shall be such as may be specified by the Statutes.
26. Disqualification
A person shall be disqualified for being a member of any of the authorities or bodies of the university, if he,—
- (i) is of unsound mind and stands so declared by a competent court; or
- (ii) has been convicted of any offence involving moral turpitude; or
- (iii) is conducting or engaging himself in private coaching classes; or
- (iv) has been punished for indulging in or promoting unfair practices in the conduct of any examination, in any form, anywhere.
27. Vacancies not to invalidate proceedings of any authority or body of university
No act or proceeding of any authority or body of the university shall be invalid merely by reason of any vacancy or defect in the constitution thereof.
42. University to follow rules, norms, etc. of regulating bodies
Notwithstanding anything contained in this Act, the university shall be bound to comply with all the rules, regulations, norms, etc. of regulating bodies and provide all such facilities and assistance to such bodies as are required by them to discharge their duties and carry out their functions.
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