The Maharashtra International Sports University Act, 2020
Chapter VI STATUTES, ORDINANCES AND REGULATIONS
Education202073 sections14 chapters
Chapter VI STATUTES, ORDINANCES AND REGULATIONS
40. Statutes and their subject matters.
Statutory text
- (1) Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:-
- (a) conferment of honorary degrees and academic distinctions;
- (b) establishment and maintenance of the Campuses, Regional Centres, Study Centres, University Departments, Institutions, conducted colleges, institutions of higher learning, research or specialized studies and hostels ;
- (c) constitution, powers, duties and functions of authorities of the University not laid down under any of the provisions of this Act ;
- (d) abolition of University Departments or Institutions, Campuses, or Regional Centres or Study Centres ;
- (e) rules of procedure for conduct of business at the meetings of authorities of the University ;
- (f) appropriation of funds of the University for furtherance of the objects of the University ;
- (g) norms for grant of autonomy to University Departments or institutions, affiliated colleges and recognized institutions ;
- (h) acceptance and governing of trusts, bequests, donations, endowments and grants from individuals or organizations ;
- (i) disciplinary action against defaulting teachers, officers and other employees of the University, affiliated colleges and Institutions, Campuses, Regional Centres, Study Centres, other than the Colleges or Institutions managed and maintained by the State Government or Central Government or local authorities ;
- (j) conditions of residence, conduct and discipline of the students of the University, colleges and recognized institutions, and the action to be taken against them for breach of discipline or misconduct, including the following:-
- (i) use of unfair means in an examination, or abetment thereof ;
- (ii) refusal to appear or give evidence in any authorized inquiry by an officer in charge of an evaluation and examination, or by any officer or authority of the University ; or
- (iii) disorderly or otherwise objectionable conduct, whether within or outside the University ;
- (k) mechanism and procedure for redressal of grievances of the students ;
- (l) functions and duties of Students Council in University, Colleges and recognized institutions ;
- (m) procedure for conduct of elections to various authorities and bodies ;
- (n) conditions and procedure for grant of approval to the appointments of the teachers in the colleges and recognized institutions and suspension or withdrawal thereof ;
- (o) inspection of Colleges, Schools, Campuses, Regional Centres, Study Centres, recognized Institutions ;
- (p) procedure to be followed while granting permission for transfer of governing ;
- (q) norms and procedure to be followed while nominating members on authorities, boards and committees by the Vice-Chancellor under this Act ;
- (r) norms of grant and withdrawal of affiliations to Colleges and Institutions ;
- (s) transferring, in public interest, of the governing of a College or Institution by the University and the conditions for such transferring, subject to the approval of the State Government ;
- (t) qualifications, recruitment, code of conduct, terms of office, duties and conditions of service including periodic training and advance training, field exposure, deputation, assessment of teachers, officers and other employees of the University and affiliated colleges except those colleges or institutions which are maintained by the State or Central Government or local authority, retirement benefits and the manner of termination of their services as approved by the State Government, provided that these shall not be in contravention of State Government policies in this regard ;
- (u) procedure to be followed for purchases by Purchase Committee ;
- (v) any matter which is to be prescribed by Statutes or which is necessary to give effect to the provisions of this Act.
- (2) The First Statute shall be made by the State Government.
Chapter VI STATUTES, ORDINANCES AND REGULATIONS
41. Statutes how made.
Statutory text
- (1) The Statutes may be made, amended or repealed by the Governing Council in the manner hereinafter provided.
- (2) The Statute Committee shall be constituted by the Governing Council as under:-
- (a) one member of Governing Council from amongst the nominated members of that Council - as Chairman ;
- (b) one Dean nominated by the Vice-Chancellor ;
- (c) one Professor of University Department or affiliated colleges nominated by the Vice-Chancellor ;
- (d) one Principal of affiliated college nominated by the Vice Chancellor;
- (e) Registrar of the University ;
- (f) Law Officer of the University as Member-Secretary.
- (3) The Statute Committee shall prepare draft Statutes concerning the matters referred to in the last preceding section and shall present to the Governing Council.
- (4) The Governing Council may take into consideration the draft of a statute either of its own motion or on a proposal by the Statute Committee.
- (5) The Governing Council, if it thinks necessary, may obtain the opinion of any officer, authority or body of the University with regard to any draft Statute which is before it for consideration.
- (6) Every Statute passed by the Governing Council shall be submitted to the Chancellor who may give or withhold his assent thereto or send it back to the Governing Council for reconsideration. The Chancellor may send the draft Statutes to the State Government for its views, if there are implications, financial or otherwise, on the part of the State Government in the implementation of such Statutes.
- (7) No Statute passed by the Governing Council shall be valid or shall come into force until assented to by the Chancellor.
- (8) Notwithstanding anything contained in the foregoing sub-sections, the Chancellor, either suo motu or on the advice of the State Government, may, direct the University to make provisions in the Statutes in respect of any matter specified by him and if the Governing Council fails to initiate adopt the direction within sixty days of its receipt, the Chancellor may, after considering the reasons, if any, communicated by the Governing Council for its inability to comply with such direction, make or amend the Statutes in that respect, suitably.
- (9) The Governing Council if it thinks necessary may also obtain the opinion of any officer, authority or body of the University in regard to any draft statute which is before it for consideration: Provided that, any such draft Statute pertains to academic matters, the Governing Council shall obtain the opinion of the Academic and Activity Council before considering the same.
- (10) The Statute Committee shall recommend the draft Statutes to Governing Council for approval and every Statute passed by the Governing Council shall be submitted to the Chancellor.
Chapter VI STATUTES, ORDINANCES AND REGULATIONS
42. Ordinances and their subject matters.
Statutory text
- (1) Subject to the provisions of this Act, the Ordinances may provide for all or any of the following matters, namely :-
- (a) conditions under which students shall be admitted to courses of study for degrees, diplomas, certificates and other academic distinctions ;
- (b) norms and process of fixation of fees, other fees and charges for courses and programs to be adopted by fee fixation committee under this Act ;
- (c) fees for affiliation and recognition to colleges and institutions ;
- (d) conditions governing the appointment and duties of examiners ;
- (e) conduct of examinations, other tests and evaluation, and the manner in which the candidates may be assessed or examined by the examiners ;
- (f) recognition of teachers of the University and the conditions subject to which persons may be recognized as qualified to give instruction in the University Departments, Schools, Colleges, recognized institutions, Campuses, Regional Centres, Study Centres ;
- (g) norms to be observed and enforced by Schools, Colleges, recognized institutions, Campuses, Regional Centres, Study Centres regarding transfer of students ;
- (h) the constitution, powers, duties and functions of the Equal Opportunity Cell including provisions for establishing a Cell in accordance with the provisions of the Rights of persons with Disabilities Act, 2016 (49 of 2016) and the guidelines and directives of the University Grants Commission issued from time to time ;
- (i) mechanism for prevention of ragging of students of Schools, Colleges, recognized institutions, Campuses, Regional Centres, Study Centres ;
- (j) mechanism for prevention of sexual harassment of teachers, employees, students of University and Schools, Colleges, recognized institutions, Campuses, Regional Centres, Study Centres and redressal of grievances relating to sexual harassment, incidences and penalty for those who indulge in sexual harassment, in accordance with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013) ;
- (k) any academic matter which, by or under this Act or the Statutes is to be prescribed by the Ordinance or which is necessary to give effect to the provisions of this Act.
- (2) The First Ordinance shall be made by the Government.
Chapter VI STATUTES, ORDINANCES AND REGULATIONS
43. Ordinances and their making.
Statutory text
- (1) The Governing Council may make, amend or repeal Ordinances in the manner hereinafter provided.
- (2) The Dean of School shall prepare and propose draft Ordinances concerning the matters referred to in section 42.
- (3) No Ordinance concerning academic matters shall be made, amended or repealed by the Governing Council unless a draft thereof has been proposed by the Dean of School.
- (4) All Ordinances made by the Governing Council shall have effect from the date of the meeting or from such date as it may direct, but every Ordinance so made shall be submitted to the Chancellor within two weeks from the date of the meeting. The Chancellor shall have the power to direct the Governing Council, within four weeks of the receipt of the Ordinance, to suspend its operation, and he shall, as soon as possible, inform the Governing Council of his objection to it. He may, after receiving the comments of the Governing Council, either withdraw the order suspending the Ordinance or disallow the Ordinance, and his decision shall be final.
Chapter VI STATUTES, ORDINANCES AND REGULATIONS
44. Regulations.
Statutory text
- (1) Subject to the provisions prescribed by or under this Act, Governing Council may make Regulations consistent with this Act, Statutes and Ordinances, for,-
- (a) institution of fellowship, travelling fellowship, scholarship, studentship, medals and prizes and for their award ;
- (b) collaborations with other universities, institutions and organizations for mutually beneficial academic programmes ;
- (c) preservation of record of the University ;
- (d) providing for all or any of the matters which, by or under this Act, Statutes or Ordinances, are to be or may be provided by Regulations ;
- (e) all non- academic matters for which provision is, in the opinion of the Governing Council, necessary for the purposes of this Act, Statutes or Ordinances.
- (2) Subject to the provisions prescribed by or under this Act, the Academic and Activity Council may make Regulations relating to the academic matters, consistent with this Act, Statutes and Ordinances.
- (3) The Dean of Schools shall draft and place for approval of the Governing Council or the Academic and Activity Council, as the case may be, the Regulations providing for the matters referred to in sub-sections (1) and (2) and for all or any of the matters which, by or under this Act, Statutes or Ordinances, are to be or may be provided by Regulations.
- (4) The First Regulation shall be made by the Government.
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