The Maharashtra Public Universities Act, 2016
Chapter V THE STATUTES, ORDINANCES AND REGULATIONS
Education2016149 sections16 chapters
Chapter V THE STATUTES, ORDINANCES AND REGULATIONS
71. Statutes and their subject matters.
Statutory text
Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:-
- (1) conferment of honorary degrees and academic distinctions;
- (2) establishment and maintenance of the sub-campuses university departments, institutions, conducted colleges, institutions of higher learning, research or specialized studies and hostels;
- (3) constitution, powers, duties and functions of authorities of the university not laid down under any of the provisions of this Act;
- (4) abolition of university departments or institutions and conducted colleges;
- (5) rules of procedure for conduct of business at the meetings of authorities of the university;
- (6) appropriation of funds of the university for furtherance of the objects of the university;
- (7) norms for grant of autonomy to university departments or institutions, affiliated colleges and recognized institutions, subject to the approval of the State Government;
- (8) acceptance and management of trusts, bequests, donations, endowments and grants from individuals or organizations;
- (9) disciplinary action against defaulting teachers, officers and other employees of the university, affiliated colleges and recognized institutions other than the colleges or institutions managed and maintained by the State Government or Central Government or local authorities;
- (10) 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 :-
- (a) use of unfair means in an examination, or abetment thereof;
- (b) 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
- (c) disorderly or otherwise objectionable conduct, whether within or outside the university;
- (11) mechanism and procedure for redressal of grievances of the students;
- (12) functions and duties of Students' Council in university, colleges and recognized institutions;
- (13) procedure for conduct of elections to various authorities and bodies;
- (14) conditions and procedure for grant of approval to the appointments of the teachers in the colleges and recognized institutions and suspension or withdrawal thereof;
- (15) inspection of colleges, recognized institutions, halls and hostels;
- (16) procedure to be followed while granting permission for transfer of management;
- (17) norms and Procedure to be followed while nominating members on authorities, boards and committees by the Vice-Chancellor under this Act;
- (18) norms of grant and withdrawal of affiliations to colleges and institutions;
- (19) transferring, in public interest, of the management of a college or institution by the university and the conditions for such transferring, subject to the approval of the State Government;
- (20) 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;
- (21) procedure to be followed for purchases under sub-section (7) of section 98;
- (22) any matter which is to be prescribed by Statutes or which is necessary to give effect to the provisions of this Act.
Chapter V THE STATUTES, ORDINANCES AND REGULATIONS
72. Statutes how made.
Statutory text
- (1) The Statutes may be made, amended or repealed by the Senate in the manner hereinafter provided.
- (2) The Statute Committee shall be constituted by Management Council as under :-
- (a) One member of Management Council from amongst the elected members of that Council - as Chairman,
- (b) One Dean,
- (c) One Professor of university department or affiliated colleges,
- (d) One Principal of affiliated college,
- (e) Registrar of the university,
- (f) Law Officer of the university as Member-Secretary. Such Statute Committee shall prepare and propose draft Statutes concerning the matters referred to in the last preceding section and shall present to the Management Council for its recommendations to senate.
- (3) The Management 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.
- (4) Every Statute passed by the Senate shall be submitted to the Chancellor who may give or withhold his assent thereto or send it back to the Management 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.
- (5) No Statute passed by the Senate shall be valid or shall come into force until assented to by the Chancellor.
- (6) 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 Senate fails to initiate adopt the direction within sixty days of its receipt, the Chancellor may, after considering the reasons, if any, communicated by the Senate for its inability to comply with such direction, make or amend the Statutes in that respect, suitably.
- (7) The Senate may take into consideration the draft of a statute either of its own motion or on a proposal by the management council. In the case of a draft which is not proposed by the management council, the senate, before considering the same, shall obtain the opinion of the management council: Provided that, if the management council fails to submit its opinion within three months from the date it receives the draft, the senate may proceed to take the draft into consideration.
- (8) The Senate 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 senate shall obtain the opinion of the academic council before considering the same.
- (9) The Management Council shall recommend the draft statutes to senate for approval and every statute passed by the senate shall be submitted to the Chancellor.
- (10) Notwithstanding anything contained in the foregoing sub-sections, the State Government shall have power to prescribe uniform Statutes on the subjects through publication in the Official Gazette, which shall be binding on the universities.
Chapter V THE STATUTES, ORDINANCES AND REGULATIONS
73. Ordinances and their subject matters.
Statutory text
Subject to the provisions of this Act, the Ordinances may provide for all or any of the following matters, namely:-
- (1) conditions under which students shall be admitted to courses of study for degrees, diplomas, certificates and other academic distinctions;
- (2) 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;
- (3) fees for affiliation and recognition to colleges and institutions;
- (4) conditions governing the appointment and duties of examiners;
- (5) conduct of examinations, other tests and evaluation, and the manner in which the candidates may be assessed or examined by the examiners;
- (6) 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, colleges and recognized institutions;
- (7) norms to be observed and enforced by colleges and recognized institutions regarding transfer of students;
- (8) The constitution, powers, duties and functions of the Equal Opportunity Cell including provisions for establishing a Cell in accordance with the provision of the Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995 (1 of 1996) and the guidelines and directives of the University Grants Commission issued from time to time;
- (9) Mechanism for prevention of ragging of students of university and affiliated colleges;
- (10) Mechanism for prevention of sexual harassment of teachers, employees, students of university and affiliated colleges 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 Work place (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013);
- (11) 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.
Chapter V THE STATUTES, ORDINANCES AND REGULATIONS
74. Ordinances and their making.
Statutory text
- (1) The Management Council may make, amend or repeal Ordinances in the manner hereinafter provided.
- (2) The Board of Deans shall prepare and propose draft Ordinances concerning the matters referred to in section 73.
- (3) No Ordinance concerning academic matters shall be made, amended or repealed by the Management Council unless a draft thereof has been proposed by the Academic Council.
- (4) All Ordinances made by the Management 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 Management Council, within four weeks of the receipt of the Ordinance, to suspend its operation, and he shall, as soon as possible, inform the Management Council of his objection to it. He may, after receiving the comments of the Management Council, either withdraw the order suspending the Ordinance or disallow the Ordinance, and his decision shall be final.
Chapter V THE STATUTES, ORDINANCES AND REGULATIONS
75. Regulations.
Statutory text
- (1) Subject to the provisions prescribed by or under this Act, Management 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) the conditions under which students shall be admitted to courses of study for degrees, diplomas, certificates and other academic distinctions;
- (d) preservation of record of the university;
- (e) 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;
- (f) all non-academic matters for which provision is, in the opinion of the Management Council, necessary for the purposes of this Act, Statutes or Ordinances.
- (2) Subject to the provisions prescribed by or under this Act, the Academic Council may make Regulations relating to the academic matters, consistent with this Act, Statutes and Ordinances.
- (3) The Board of Deans shall draft and place for approval of the Management Council or the Academic 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.
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