The Maharashtra International Sports University Act, 2020
Chapter II UNIVERSITY
Education202073 sections14 chapters
Chapter II UNIVERSITY
3. Establishment of University.
Statutory text
- (1) There shall be established a University by the name of the "International Sports University, Maharashtra".
- (2) The University shall be a body corporate, by the name specified in sub-section (1) and shall have perpetual succession and a common seal and shall sue and be sued by the said name.
- (3) The University shall be competent to acquire and hold property, both movable and immovable, to lease, sell or otherwise transfer or dispose of any movable or immovable property, which may vest in or be acquired by it for the purposes of University, and to contract and do all other things necessary for the purposes of this Act: Provided that, no such lease, sale or transfer of such property shall be made without the valuation made thereof by the approved valuer appointed by the University and without the prior consent of the Government.
- (4) In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by the Registrar or any other person authorized in this behalf, and all process in suits and proceedings shall be issued to and served on the Registrar.
- (5) The headquarters of the University shall be in Pune and it may establish or maintain Campuses, Colleges, Regional Centres and Study Centres at such other places as it may deem fit: Provided that, the University may, with the prior approval of the Government and approval of the University Grants Commission, also establish Campuses and Study Centres outside State.
Chapter II UNIVERSITY
4. Objects of University.
Statutory text
The objects of the University shall be,-
- (i) to create competent personnel in the field of physical education, sports sciences, sports, medicine, sports technology, sports governing, sports management, sports media and communication, sports coaching, sports training besides functioning as the State training centre for select sports disciplines by adopting best international practices and for matters connected therewith or incidental thereto ;
- (ii) to provide for research and development and dissemination of knowledge in physical education and sports education by providing specially designed academic and training programmes in various areas of physical education and sports sciences, sports medicine, sports technology, sports governing, sports management, sports media and communication, sports coaching and training, in advanced technologies of sports;
- (iii) to strengthen physical education and sports training programmes to promote sports including traditional and tribal sports and games ;
- (iv) to establish centres and institutions of excellence for imparting state of the art educational training and research in the fields of physical education and sports sciences, sports medicine, sports technology, sports governing, sports management, sports media and communication, sports coaching and high performance training for all sports and games ;
- (v) to provide professional and academic leadership to other institutions in the field of physical education and sports sciences, sports medicine, sports technology, sports governing, sports management, sports media and communication, sports coaching and training ;
- (vi) to provide vocational guidance and placement services in physical education, sports sciences, sports medicine, sports technology, sports governing, sports management, sports media and communication, sports coaching and training and other related fields ;
- (vii) to generate capabilities for the development of knowledge, skills and competences at various levels in the fields of physical education, sports sciences, sports medicine, sports management, sports technology and high performance training for all sports and games ;
- (viii) to generate capabilities to provide infrastructure of international standard for sports education, training and research in the areas related to physical education, sports sciences, sports medicine, sports technology, sports governing, sports management, sports media and communication, sports coaching and high performance training for all sports and games ;
- (ix) to prepare highly qualified professionals in the fields of physical education, sports sciences, sports medicine, sports technology, sports governing, sports management, sports media and communication, sports coaching and high performance training for all sports and games and sports governing education ;
- (x) to serve as a Centre of Excellence for the elite and other talented sports persons of all sports and games and innovation in physical education and sports education and to carry out, endorse and propagate research ;
- (xi) to function as a leading resource centre for knowledge and development in the areas of physical education, sports sciences, sports medicine, sports technology, sports governing, sports management, sports media and communication, sports coaching and high performance training for all sports and games ;
- (xii) to provide international collaboration in the fields of physical education, sports sciences, sports medicine, sports technology, sports governing, sports management, sports media and communication, sports coaching and high performance training for all sports and games ;
- (xiii) to establish close linkage with sports academies, Schools, Colleges, sports and recreation clubs, sports associations and international federations for the purpose of teaching, training and research in physical education and sports sciences, sports medicine, sports technology, sports governing, sports management, sports media and communication, sports coaching and high performance training for all sports and games ;
- (xiv) to train talented athletes so as to help them to evolve into elite athletes of State, National and International level ;
- (xv) to make India and the State of Maharashtra a sporting power ;
- (xvi) to provide a comprehensive centre for evaluation of sports person and expertise ;
- (xvii) such other objects, not inconsistent with the provisions of this Act, which the State Government may, by notification in the Official Gazette, specify in this behalf.
Chapter II UNIVERSITY
5. Powers and functions of University.
Statutory text
- (1) The University shall have the following powers and functions, namely:-
- (i) to plan, design, develop and prescribe courses of study and conduct appropriate academic and training programmes in physical education and sports education including sports sciences, sports medicine, sports technology, sports governing, sports media and communication, sports coaching and other related fields and to provide for instruction and training in such branches of learning as the University may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge ;
- (ii) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions on, persons, on the basis of examinations, evaluation or any method of testing, and to withdraw any such certificates, diplomas, degrees or other academic distinctions for good and sufficient cause ;
- (iii) to provide opportunities to the students of the University to participate in the sports tournaments and competitions in co-ordination with Maharashtra Olympic Association, established International Sports Federations, National Sports Federations, Indian Olympic Association and Association of Indian Universities and any recognized sports association dealing with any individual or a group of sports ;
- (iv) to have liaison or membership with various national, international professional sports organizations or bodies ;
- (v) to establish and maintain, with the prior approval of the State Government, such Campuses, Regional Centres, Study Centres specialized laboratories or other units for research, instruction and training as are, in the opinion of the University, necessary for the furtherance of its objects ;
- (vi) to initiate under graduate, post graduate, research, innovation and skill development programme related to sports education and physical education ;
- (vii) to establish, maintain Colleges, Schools, Campuses, Regional Centres and Study Centres and affiliated colleges and recognized institutions in the manner laid down by the Statutes;
- (viii) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes ;
- (ix) to create posts of Principals, Professors, Associate Professors, Assistant Professors and other teaching or academic posts, required by the University and to appoint persons to such posts of Principals, Professors, Associate Professors, Assistant Professors or other teaching or academic posts ;
- (x) to appoint persons working in any other University or academic institution or a reputed sports organization, including those in a University or a sports organisations located outside India for a specified period, as visiting professors or coaches or trainers or consultants ;
- (xi) to create administrative, ministerial and other posts and to make appointments thereto ;
- (xii) to collaborate or develop linkages with any other University or authority or Institution of higher learning, including those located outside the country, in such manner and for such purposes as the University may determine ;
- (xiii) to provide facilities through the distance education system to such persons and in such manner as may be prescribed by the Statutes ;
- (xiv) to institute and award fellowships, scholarships, studentship, medals and prizes for raising academic and research standards ;
- (xv) to organize and to undertake studies, training and extension services ;
- (xvi) to make provisions for research and advisory services and for that purpose, to enter into such agreements with other institutions, industrial or other organizations, as the University may deem necessary ;
- (xvii) to organize and conduct induction programmes, orientation programmes, refresher courses, workshops, seminars and other programmes for teachers, trainers, coaches, evaluators, other academic staff and students ; (xviii) to conduct innovative experiments and promote new methods and technologies in the fields of physical education, sports sciences, sports medicine, sports technology, sports governing and other related fields ;
- (xix) to purchase or to take on lease any land or building or sports complex or sports infrastructure and scientific sports research equipment or indoor stadium or works which may be necessary or convenient for the purposes of the University, on such terms and conditions as it may think fit and proper and to construct, alter and maintain any such building or work ;
- (xx) to collaborate with any national and international sport institutions or organizations for imparting specific training to students ;
- (xxi) to enter into Memorandum of Understanding (MOU) with sport institutions or organizations, for imparting training, infrastructure facilities sharing, method of evaluation, award of degrees, diplomas and certificates, etc ;
- (xxii) to hire services of world class trainers and coaches ; (xxiii) to hire staff on contract (teaching, non-teaching, technical, trainers and coaches) for short term and long term basis ;
- (xxiv) to start any new allied course or research programme or diploma or training program and discontinue any course or training programme ;
- (xxv) to provide training, coaching and other back up to high level sports persons for achieving success in different national and international sports competitions ;
- (xxvi) to appoint on contract or otherwise visiting professors, emeritus professors, consultants, trainers, coaches and such other persons who may contribute to the advancement of the objects of the University ; (xxvii) to determine standards of admission to the University, which may include an entrance examination, evaluation or any other method of testing ; (xxviii) to demand and receive payment of fees and other charges ;
- (xxix) to provide and supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare ;
- (xxx) to lay down conditions of service of all categories of employees, including their code of conduct ;
- (xxxi) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the University to be necessary ; (xxxii) to make arrangements for promoting the health and general welfare of the employees; (xxxiii) to receive benefactions, donations and gifts and to acquire, hold and manage, and to dispose of, with the previous approval of the State Government, any property, movable or immovable, including trust and endowment properties, for the purposes of the University ; (xxxiv) to borrow, with the previous approval of the State Government, on the security of the property of the University, money for the purposes of the University ;
- (xxxv) to provide for the preparation of instructional and training materials, including films, cassettes, tapes, video cassettes and other software ; (xxxvi) to recognise persons for imparting instructions in any affiliated College, recognized institution, School, Campuses, Regional Centres or Study Centres admitted to the privileges of the University ; (xxxvii) to invest the funds of the University in or upon such securities and transpose any investment from time to time in the nationalized banks in the interest of the University ; (xxxviii) to execute conveyances regarding transfers, mortgages, leases, licenses, agreements and other conveyances in respect of the property, movable or immovable, including Government securities, belonging to the University or to be acquired for the purposes of the University, after taking prior permission of the State Government ; (xxxix) to act as a technical advisory body to the Government of Maharashtra and other States, National Organizations, established State and National Sports Federations, institutes on all matters related to sports ;
- (xl) to give effect to the procedures and standards provided under the National Sports Talent Search and Identification Scheme and any other identified scheme ;
- (xli) to confer autonomous status on affiliated College or recognised Institution in the manner laid down by the Statutes ;
- (xlii) to admit to its privileges any College or Institution in or outside the State subject to such conditions as may be laid down by the Statutes: Provided that, no College or Institution shall be so admitted except with the prior approval of the State Government; and (xliii) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects.
- (2) In exercising its powers referred to in sub-section (1), it shall be the endeavour of the University to maintain an all-India character and high standards of teaching, training and research, and the University shall, among other measures which may be necessary for the said purpose, take, in particular, the following measures, namely:-
- (i) admissions of students shall be made on all-India basis through appropriate procedures approved by the Governing Council of the University and also making provision for admission of certain percentage of students from the Maharashtra, as may be recommended by the Academic and Activity Council and approved by the Governing Council ;
- (ii) foreign students shall be admitted by the University to various courses and programmes as per the policy and schemes of the Government of India and the procedure approved by the Governing Council ;
- (iii) semester system, continuous evaluation and choice-based credit system shall be introduced and the University shall enter into agreement with other universities and academic institutions for credit transfer and joint degree or duel degree programmes ;
- (iv) innovative courses and programmes of studies shall be introduced with a provision for periodic review and restructuring ;
- (v) accreditation shall be obtained from the National Assessment and Accreditation Council (NAAC) or any other accrediting agency at the national level ;
- (vi) e-governance shall be introduced with effective governing information.
Chapter II UNIVERSITY
6. Jurisdiction and admission to privileges of University.
Statutory text
- (1) The jurisdiction of the University shall extend to the whole of the State of Maharashtra.
- (2) If a College or Institution, public or private, Indian or foreign, seeks to be associated with or be admitted to the privileges of the University, such association or admission may be permitted with the sanction of the State Government and consent of the concerned University.
- (3) Any such privilege enjoyed from any other University before the date of such association or admission by any college or institution situated in the State shall be deemed to be withdrawn with effect from such sanction and permission.
Chapter II UNIVERSITY
7. University to be open to all caste, creed, race or class.
Statutory text
- (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: Provided that, the University may establish, maintain, accredit or recognize any college or institution exclusively for women, or reserved for women.
- (2) The University shall adopt Government policy and orders issued, from time to time, in regard to the reservation for Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes and Other Backward Classes for appointment to different posts of teachers and non-teaching employees and for the purpose of admission of students in the affiliated or conducted or community Colleges, University Departments, University Institutions or recognized institutions.
- (3) The University shall adopt with the general policy of the State Government in regard to the welfare of various categories of weaker sections of the society, minorities, women and persons with disability as directed by the State Government, from time to time.
Chapter II UNIVERSITY
8. Control of State Government on University.
Statutory text
- (1) Without prior approval of the State Government, the University shall not,-
- (a) create new posts of teachers, officers or other employees ;
- (b) revise the pay, allowances, post-retirement benefits and other benefits of its teachers, officers and other employees ;
- (c) grant any special pay, allowance or other extra remuneration of any description whatsoever, including ex-gratia payment or other benefits having financial implications, to any of its teachers, officers or other employees ;
- (d) divert any earmarked funds received for any purpose, other than that for which it was received ;
- (e) transfer by sale or lease of immovable property ;
- (f) incur expenditure on any development work from the funds received from the State Government or University Grants Commission or any person or body for the purposes other than the purposes for which the funds are received ;
- (g) take any decision regarding affiliated colleges resulting in increased financial liability, direct or indirect, for the State Government.
- (2) The University shall be competent to incur expenditure, in consonance with the policies and directives of the State Government issued from time to time, from the funds received from,-
- (a) various funding agencies without any share or contribution from the State Government ;
- (b) contributions received from individuals, industries, institutions, organizations or any person whosoever, to further the objectives of the University;
- (c) contributions or fees for academic or other services offered by the University for aided and self-supporting academic programmes ;
- (d) development fund, or any other fund established by the University; for the purposes of,-
- (i) creation of posts in various cadres;
- (ii) granting pay, allowances and other benefits to the posts created through its own funds provided those posts are not held by such persons, who are holding the posts for which Government contribution is received;
- (iii) starting any academic programmes on self-supporting basis;
- (iv) granting remunerations or incentives to its employees for performing any task assigned to them other than their regular duties and responsibilities ;
- (v) incurring expenditure on any development work and on welfare activities of its students and employees: Provided that, there is no financial liability, direct or indirect, immediate or in future, on the State Government.
- (3) The State Government may, in accordance with the provisions contained in this Act, for the purpose of securing and maintaining uniform standards in the University, by notification in the Official Gazette, prescribe a Standard Code providing for the classification, manner and mode of selection, appointment, induction and advance training, field exposure, deputation and reservation of post in favour of members of the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, and Other Backward Classes, duties, workload, pay, allowances, post-retirement benefits, other benefits, conduct and disciplinary matters and other conditions of service of the officers, teachers and other employees of the University and the teachers and other employees in the affiliated colleges and recognized institutions (other than those managed and maintained by the State Government, Central Government and the local authorities) and the provisions for absorption of teachers and employees in the University Departments, affiliated or conducted colleges and institutions who are aided and rendered surplus. However, the unaided teachers and employees who are rendered surplus in the University Departments, affiliated or conducted colleges and institutions shall not be eligible, for absorption at the aided vacancies in the University affiliated or conducted colleges and institutions. Where such Code is prescribed, the provisions made in the Code shall prevail, and the provisions made in the Statutes, Ordinances and Regulations made under this Act, for matters included in the Code shall, to the extent to which they are inconsistent with the provisions of the Code, be invalid.
- (4) The qualifications and experience for the purpose of appointment of non-teaching employees in the University, affiliated colleges and recognized institutions (other than those managed and maintained by the State Government, Central Government and the local authorities) shall be as may be specified by the Government, by an order published in the Official Gazette.
- (5) Notwithstanding anything contained in this Act, if the circumstances so require and the State Government considers it necessary to do so, it may appoint, on deputation, a suitable person possessing the requisite qualifications to perform the duties of the Registrar, Finance and Accounts Officer or the Director of the Board of Examinations and Evaluation, for a period of not more than one year at a time and not more than three years in the aggregate.
- (6) The State Government through any officer not below the rank of Director, Sports and Youth Welfare shall have right to cause inspection of any affiliated, conducted, or autonomous college, recognized institution or University Department or Campus or Regional Centre or Study Centre.
- (7) In case of failure of the University to exercise powers or perform duties specified in section 5, or where the University has not exercised such powers or performed such duties adequately, or where there has been a failure to comply with any order issued by the State Government, or under any other circumstances as the State Government may deem fit, the State Government may issue a directive to the University for proper exercise of such powers or performance of such duties or comply with the order; and it shall be the duty of the University to comply with such direction. In case the University fails to comply with the directives, the State Government shall call upon the University to give reasons in writing as to why the directives were not complied with. If the State Government is not satisfied with the explanation, it may refer the matter to the Chancellor for taking necessary action under sub-section (3) of section 10.
- (8) The State Government shall carry out test audit or full audit of the accounts of a University, College, School, Institution, Campus, Regional Centre, Study Centre, regularly at such intervals as it may deem fit.
Chapter II UNIVERSITY
9. State Government to review work and progress of University.
Statutory text
- (1) The State Government may, from time to time, appoint one or more persons to review the work and progress of the University, including Colleges, Institutions, Schools, Campuses, Regional Centres, Study Centres maintained by it, and to submit a report thereon; and upon receipt of that report, the State Government may, after obtaining the views of the Governing Council thereon through the Vice-Chancellor, take such action and issue such directions, as it considers necessary, in respect of any of the matters dealt with in the report and the University shall abide by such action and be bound to comply with such directions.
- (2) The State Government shall have the right to cause an inspection to be made by such person or persons, as it may direct, of the University, its buildings, sports complexes, libraries, laboratories and equipment, and of any College, Institution, School, Campus, Regional Centre or Study Centre maintained by the University; and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University, Colleges, Institutions, Schools, Campus, Regional Centres or Study Centres.
- (3) The State Government shall, in every matter referred to in sub section (2), give notice of its intention to cause an inspection or inquiry to be made, to the University, and the University shall have the right to make such representations to the State Government, as it may consider necessary.
- (4) After considering the representations, if any, made by the University, the State Government may cause to be made such inspection or inquiry as is referred to in sub-section (3).
- (5) Where any inspection or inquiry has been caused to be made by the State Government, the University shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry.
- (6) The State Government may, if the inspection or inquiry is made in respect of the University or any College, Institution, School, Campus, Regional Centre or Study Centre established or maintained by it, address the Vice-Chancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the State Government may be pleased to offer, and on receipt of address made by the State Government, the Vice-Chancellor shall communicate to the Governing Council the views of the State Government with such advice as the State Government may offer upon the action to be taken thereon.
- (7) The Governing Council shall communicate through the Vice Chancellor to the State Government such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry.
- (8) Where, the Governing Council does not, within a reasonable time, take action to the satisfaction of the State Government, it may, after considering any explanation furnished or representation made by the Governing Council, issue such directions, as it may think fit, and the Governing Council shall comply with such directions.
- (9) Without prejudice to the foregoing provisions of this section, the State Government may, by order in writing, annul any proceeding of the University which is not in conformity with the provisions of this Act or the Statutes or the Ordinances : Provided that, before making any such order, the State Government shall call upon the Vice-Chancellor to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, it shall consider the same.
- (10) The State Government shall have such other powers, in respect of the affairs of the University, as may be prescribed by the Statutes.
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