The Maharashtra Public Universities Act, 2016
Chapter XIV MISCELLANEOUS
Chapter XIV MISCELLANEOUS
138. Authorities and officers responsible for damages.
- (1) It shall be the duty of every authority or body and officer of the university to ensure that the interests of the university are duly safeguarded.
- (2) If it is found that a damage or loss has been caused to the university by any action on the part of any authority or body or officer of the university, not in conformity with the provisions of this Act, Statutes, Ordinances or Regulations, except when done in good faith, or any failure so as to act in conformity thereof, by willful neglect or default on its or his part, such damage or loss shall be liable to be recovered from the authority or body or the concerned members thereof, jointly or severally, or from the officer concerned, as the case may be, in accordance with the procedure prescribed by the Statutes.
Chapter XIV MISCELLANEOUS
139. Membership of State Legislature and of Parliament.
- (1) A teacher or a non-teaching employee shall not be disqualified for continuing as such teacher or a non-teaching employee merely on the ground that he has been elected or nominated as a member of the Legislative Assembly or of the Legislative Council of the State or of the Parliament.
- (2) A teacher or a non-teaching employee elected or nominated as a member of the Legislative Assembly or of the Legislative Council of the State, or of the Parliament shall be entitled to treat the period of his membership of the Legislative Assembly or of the Legislative Council or of the Parliament as on leave without salary and allowances.
- (3) A teacher or a non-teaching employee referred to in sub-section (2) shall also be entitled to count the period of his membership of the Legislative Assembly or of the Legislative Council or of the Parliament for the purposes of pension, seniority and increments.
Chapter XIV MISCELLANEOUS
140. Questions regarding interpretation and disputes regarding constitution of university authority or body, etc
If any question arises regarding the interpretation of any provision of this Act, or of any Statutes, Ordinance or Regulation or Rule, or whether a person has been duly elected or 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 motu 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 senate.
Chapter XIV MISCELLANEOUS
141. Protection of Acts and orders.
All acts and orders done or passed in good faith by the university or any of its officers, authorities or bodies, shall subject to the other provisions of this Act, be final; and accordingly, no suit or other legal proceedings shall be instituted against, or maintained, or damages claimed from the university or its officers, authorities or bodies for anything done or passed, or purporting to have been done or passed in good faith and in pursuance of the provisions of this Act and the Statutes, Ordinances and Regulations.
Chapter XIV MISCELLANEOUS
142. Delegation of powers.
Subject to the provisions of this Act and the Statutes, any officer or authority of the university may, by order, delegate his or its powers, except the power to make Statutes, Ordinances and Regulations to any other officer or authority under his or its control, and subject to the condition that the ultimate responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating them.
Chapter XIV MISCELLANEOUS
143. Acts and proceedings not invalid merely on ground of defect in constitution, vacancies, irregularity in procedure, etc.
No act or proceeding of the Senate or the Management Council or the Academic Council or any other authority or anybody or committee of the university, including a committee appointed by the Chancellor for the appointment of a Vice-Chancellor, shall be deemed to be invalid at any time merely on the ground that-
- (a) any of the members of any such authority, body or committee are not elected, appointed, nominated or co-opted or for any other reason are not available to take office at the time of the constitution or to attend any meeting thereof or any person is a member in more than one capacity or there is any other defect in the constitution thereof or there are one or more vacancies in the offices of members thereof;
- (b) there is any irregularity in the procedure of any such authority, body or committee not affecting the merits of the matter under consideration, and the validity of such act or proceeding shall not be questioned in any court or before any authority or officer merely on any such ground.
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