Chapter II THE UNIVERSITY

1. (1) There shall be established a University by the name "the Maharashtra University of Health Sciences" with jurisdiction over the whole of the State of Maharashtra.
2. (2) The University shall be a body corporate, by the name specified in sub-section
3. (1) and shall have perpetual succesion and a common seal and shall sue and be sued by the said name.
4. (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 the 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.
5. (4) In all suits and other legal proceedings by or against the University, the pleading shall be signed and verified by the Registrar or any other person authorised in this behalf, and all process in suits and proceedings shall be issued to and served on the Registrar.
6. (5) The headquarter of the University shall be located at Nashik and it may establish additional campuses at such other places with the prior approval of the Government within the State of Maharashtra as it may deem fit and appropriate :
7. (6) The University shall be both, a teaching and an affiliating University.

The objects of the University shall be to disseminate, create and preserve knowledge and understanding by teaching, research, extension and service and by effective demonstration and influence of its corporate life on society, in general, and in particular the objects shall be,—

1. (a) to carry out its responsibility of creation, preservation and dissemination of knowledge ;
2. (b) to promote discipline and the spirit of intellectual inquiry and to dedicate itself as a fearless academic community to the sustained pursuit of excellence ;
3. (c) to encourage individuality and diversity within a climate of tolerance and mutual understanding;
4. (d) to promote freedom, secularism, equality and social justice as enshrined in the Constitution of

-1 5. The University shall have the following powers and duties, namely :—

1. (a) to make provision to enable conducted and affiliated colleges and recognised institutions to undertake spcialised studies ;
2. (b) to establish, maintain and manage University departments, laboratories, libraries, museums and equipments of teaching or research ;
3. (c) to establish, maintain and manage departments and institutions of research, specialised studies or academic services unit ;
4. (d) to organise, maintain and manage colleges, institutions, hostels, health centres, auditoria and gymnasiums ;
5. (e) to provide for establishment of campuses for serving a group of affiliated colleges, and also to provide for and maintain common resources centres in such campuses in the form of libraries, laboratories, computer centres, and the like centres of learning : Provided that, in case of any industry or any non-Government organisations availing themselves of such facility of the University or such organisations providing the facility to the University prior approval of the Government shall be obtained by the University ;
6. (f) to create posts of directors, principals, teachers and other teaching or non-vacation academic posts required by the University with the prior approval of the State Government and to prescribe their qualifications and make appointments thereto ;
7. (g) to appoint or recognise persons working in any other University or organisation as teacher of the University for specified period ;
8. (h) to create non-teaching skilled, administrative, ministeral and other posts and prescribe the qualifications and pay-scales for such posts, with prior approval of the State Govverment and to make appointments thereto ;
   • (i) to facilitate mobility of teachers within the University and to other Universities with the consent of the teacher concerned ;
9. (j) to make provision, wherever feasible in the University department, affiliated colleges, institutions, recognised institutions and schools, for survey and collection of statistics, data and other particulars relevant to various developmental activities including State and National plans evaluation of the developmental schemes with the participation of the students as a part of their curricular activities ;
10. (k) to control and regulate admission of students for various courses of study in University departments, conducted and affiliated colleges, insititutions, schools and recognised institutions ;
11. (l) to lay down the conditions of affiliation of colleges and recognition of institutions taking into account the credibility of the management and the norms of academic performance of colleges, faculties and subjects, as may be laid down from time to time, and satisfy itself by periodical assessment or otherwise that those conditions are fulfilled ;
12. (m) to designate a University department, conducted college, an affiliated college, institution or school as an autonomous University department, conducted college, affiliated college or institution or school, as the case may be, in accordance with the guidelines, if any, laid down by the University Grants Commission ;
13. (n) to monitor and evaluate the academic performance of affiliated colleges and recognised institutions for affiliation and periodical accrediation ;
14. (o) to inspect, where necessary, affiliated colleges and recognised institutions through suitable machinery established for the purpose, and take measures to ensure that proper standards of instruction, teaching and training are maintained by them, and adequate library, laboratory, hospital, workshop and other academic facilities are provided for ;
15. (p) to hold and to manage trusts and endowments and institute and award, fellowships, travelling fellowships, scholarships, studentship, medals and prizes for teachers and students of the University and colleges ;
16. (q) to make arrangements for promoting welfare of employees of the University ;
17. (r) to co-ordinate and regulate teaching and research in the affiliated colleges and recognised institutions ; to provide for the training and quality improvement of teachers and non-teaching employees ;
18. (t) to provide for periodical assessment of the performance of teachers and non-teaching employees of the colleges, institutions and University in accordance with the provisions of Statutes ;
19. (u) to regulate and provide for attendance of the teachers on the premises of the University or colleges or institutions during teaching hours and beyond teaching hours, as prescribed and to prohibit teachers from taking or conducting private tuition or private coaching classes ;
    • (v) to prescribe for conduct and discipline rules for teaching and non-teaching staff and to ensure the enforcement thereof;
20. (w) to prescribe the Code of Conduct for managements ;
    • (x) to establish maintain and manage, whenever necessary,—
    • (i) a printing and publication department ;
    • (ii) university extension boards ;
    • (iii) information bureaus ;
    • (iv) employment guidance bureaus ; and
    • (v) such other activities as may be necessary and possible to fulfil the objects of the University ;
21. (y) to co-operate or collaborate with any other University, institution, authority or organisation for research and advisory services and for such purposes to enter into appropriate arrangement with other Universities, institutions, authorities, or organisations to conduct certain courses as the situation may demand ;
22. (z) to rescind affiliation granted to the college ;
23. (aa) to explore the possibilities of augmenting the resources of the University by exploring or innovating activities such as research and development, consultancy, training programmes and providing services for different clients from industry, trade or any other non-government organisations ;
24. (bb) to recommend to the Government to take over, in the public interest, the management of an affiliated college, institution or autonomous college in case where irregularities or commissions or omissions of criminal nature by the Management of such college, or institution are prima facie evident to the committee of enquiry appointed by the University ;
25. (cc) to receive funds for collaboration programmes from foreign agencies subjcet to rules and regulations of the Central Government and Government in that behalf;
26. (dd) to lay down for teachers and University teachers, service conditions including code of conduct, workload, norms of performance appraisal, and such other instructions or directions as, in the opinion of the University, may be necessary in academic matters ;
27. (ee) to undertake development programmes in Health Sciences, research, consultancy based projects and training programmes for outside agencies, by charging fees so as to generate resources ;
28. (ff) to provide for instruction and training in such branches of medicine and allied sciences, as may be considered suitable and to make provision for research and for the advancement and dissemination of knowledge in Health Sciences, striving to maintain at all times highest possible standards of academic excellence ;
29. (gg) to institute and award degrees, diplomas, certificates and other academic distinctions for persons who shall have pursued approved courses of study in a University college or an affiliated college unless exempted therefrom in the manner prescribed and shall have passed the prescribed examinations of the University or shall have carried on research satisfactorily under conditions as may be prescribed ;
30. (hh) to develop, upgrade and start department in medical specialities as may be required and to provide instructions for such courses of study as it may determine ;
    • (ii) to hold examinations and to confer honorary degrees or other distinctions under conditions as may be prescribed ;
31. (jj) to prescribe conditions under which the award of any degree, title, diploma and other academic distinctions may be with held;
32. (kk) to institute, maintain and administer Univerity colleges, hospitals and laboratories and institutes of research, library or other institutions necesary to carry out the object of the University;
33. (ll) to affiliate or recognise colleges and institutions and to withdraw such affillation or recognition;
34. (mm) to establish, maintain and administer hostels, to recognise hostels not managed by the University and to suspend or withdraw such recongnition therefrom ;
35. (nn) to exercise such control over the students of the University, as well to secure their health, well being and discipline and to exercise through the affiliated colleges control for similar purposes over the students of affiliated colleges ;
36. (oo) to accept, hold and manage any endowments, donations or funds which may become vested in it for the porposes of the University by grant, testamentary disposition or otherwise, and to invest such endowments, donations or funds in any manner that the University may deem fit : Provided that, no donation from a foreign country, foreign foundation or any person in such country or foundation shall be accepted by the University, save with the approval of the Government ;
37. (pp) to borrow money with or without security for such purposes, as may be approved by the Government, from the Central Government, the University Grants Commission or other incorporated bodies subject to the provisions of this Act ;
38. (qq) to fix fees and demand and collect such fees as may be prescribed ;
39. (rr) to undertake publication of works of merit and research pertaining to Health Sciences ;
40. (ss) to establish and maintain University Liabraries, Research Station and Museums ;
41. (tt) to establish research posts and to appoint suitable persons to such posts ;
42. (uu) to establish suitable residential accommodation to the staff of the University to the extent feasible ;
43. (vv) generally to do such other acts or make such other provisions as may be deemed necessary or desirable to further the objects of the University ;
44. (ww) to comply with and carry out any directives issued by Government from time to time, with reference to above powers, duties and responsibilities of the University.

1. (1) No college in the State of Maharashtra imparting education in Health Sciences shall, save with the consent of the University and the sanction of Government, be associated in any way with or seek admission to, any privileges of any other University in India or abroad.
2. (2) Any such privilege enjoyed from other University before the date of commencement of this Act by any Medical College or Institution of Health Sciences situated in the State shall be deemed to be withdrawn with effect from such date.
3. (3) On and from the date of commencement of this Act, all colleges and autonomous Institutions of Health Sciences previously admitted to the privileges of or affiliated to the Universities specified in the Schedule appended to this Act, shall be deemed to be admitted to the privileges of or affiliated to, the Maharashtra University of Health Sciences established under section 3 of this Act.
4. (4) Notwithstanding anything contained in sub-sections
5. (1) to
6. (3) or any other provisions of this Act, on the date of coming into force of the Maharashtra University of Health Sciences (Amendment) Act, 2001 (hereinafter in this section referred to as "the said date"), all colleges and autonomous institutions of Health Sciences admitted to the privileges of, or affiliated to, the University under sub-section (3), conferring Post Graduate degrees in Medical, Dental, Ayurved, Unani and Homoeopathy Sciences and all the students who, on the said date stood enrolled or are thereafter enrolled, by such colleges or institutions for such Post Graduate degree courses in Medical, Dental, Ayurved, Unani and Homoeopathy Sciences, shall, so far as such Post Graduate degrees are concerned, stand re-admitted to the privileges of, or re-affiliated to, their respective universities specified in the Schedule to the Maharashtra Universities Act, 1994, to which they were, immediately before the coming into force of this Act, admitted or affiliated, until the Post Graduate degrees in Medical, Dental, Ayurved, Unani and Homoeopathy Sciences granted by the University are recognised by the Central Government on the recommendations of the Medical Council of India, the Dental Council of India, the Central Council of Indian Medicine and the Central Council of Homoeopathy, respectively: Provided that, such re-admission or re-affiliation granted to such colleges or autonomous institutions and the students prior to receiving such recognition under this sub-section shall not be revoked or withdrawn or in any way changed by the State Government or any other authority till those students have acquired such Post Graduate degrees from their respective universities under the Maharashtra Universities Act, 1994, irrespective of the grant of the recognition by the Central Government, to the said Post Graduate degrees being conferred by the University. Explanation.—For the purposes of this sub-section, the expression "Post Graduate degree in Medical Sciences" shall mean Post Graduate degree in modern scientific medicine and shall include the Post Graduate degree in Occupational Therapy, Physiotherapy, Audiology, Speech Therapy and Prosthetics and Orthotics.
7. (5) Notwithstanding anything contained in sub-sections
8. (1) to
9. (4) or any other provisions of this Act, on the date of coming into force of the Maharashtra University of Health Sciences (Amendment and Continuance) Act, 2002 (hereinafter referred to as "the said date"), all colleges and autonomous institutions of Health Sciences admitted to the privileges of, or affiliated to, the University under sub-section (3), conferring Post Graduate Diploma in Medical, Dental, Ayurved, Yoga and Naturopathy, Unani and Homoeopathic Sciences and all the students who, on the said date stood enrolled or are thereafter enrolled, by such colleges or Institutions for such Post Graduate Diploma Courses in Medical, Dental, Ayurved, Yoga and Naturopathy, Unani and Homoeopathic Sciences, shall, so far as such Post Graduate Diplomas are concerned, stand re-admitted to the privileges of, or re-affiliated to, their respective universities specified in the Schedule to the Maharashtra Universities Act, 1994, to which they were, immediately before the coming into force of this Act, admitted or affiliated, until further orders in this behalf from the Government : Provided that, such re-admission or re-affiliation granted to such colleges or autonomous institutions and the students prior to receiving such recognition under this sub-section shall not be revoked or withdrawn or in any way changed by the State Government or any other authority till those students have acquired such Post Graduate Diplomas from their respective Universities under the Maharashtra Universities Act, 1994.

1. (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 maintain, accredit or recognise any college or institution exclusively for women or reserved for women.
2. (2) The University shall adopt Government policy and orders or directions issued from time to time, in regard to the reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes for appointment to different posts of teachers and non-teaching officers and employees and for the purpose of admission of students in the affiliated or conducted colleges, University departments, University institutions or recognised institutions.
3. (3) The University shall adopt the general policy of Government in regard to the welfare of various categories of weaker sections of the society and minorities as directed by the Government, from time to time.

1. (1) The Government may at any time, by notification in the Official Gazette, transfer any Government college of Health Sciences to the University and from the date of such transfer the said college shall be a University college.
2. (2) When any Government college is transferred to the University under sub-section
3. (1) with effect from the date on which such transfer takes place, the following consequences shall ensue, namely :—
   • (i) all the assets including the properties and liabilities pertaining to the said college shall stand transferred to and vest in the University ;
   • (ii) all members of the teaching staff or other employees of the said college who immediately before the date of such transfer were serving in or were attached to that college shall stand transferred to the appropriate cadre or category of posts in the University on the same conditions of service as were applicable to them before such transfer and unless and untill such conditions are altered with the consent of such persons : Provided that, no such member of the teaching staff or other employee of the said college shall be transferred unless he has given his consent in this behalf : Provided further that, if any such teacher or other employee does not give his consent for such transfer, he shall, notwithstanding any contract or anything contained in any provision of law for the time being in force, be retired from service. He shall not be entitled for any damages or compensation in respect of such retirement, but shall be entitled to all benefits of retirement for the period of service rendered by him till the date of retirement.

1. (1) Without prior approval of the Government, University shall not,—
   • (a) create any new posts of teachers, officers or other employees;
   • (b) revise 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 implication, 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) incur expenditure on any developmental work from the funds received from the Government or University Grants Commission or any person or body for the purposes other that the purposes for which the funds are received;
   • (f) take any decision regarding affiliated colleges resulting in increased financial liability, direct or indirect, for the Government.
2. (2) The University shall be competent to incur expenditure from the funds received from,—
   • (a) various funding agencies without any share or contribution from the Government;
   • (b) fees for academic programmes started on self-supporting basis;
   • (c) contributions received from the individuals, industries, institutions, organisations or any person whosoever, to further the objectives of the University;
   • (d) contributions or fees for academic or other services offered by the University;
   • (e) development fund, if any, established by the University; for the purposes of—
     • (i) creation of posts in various categories for specific period;
     • (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 programme on self-supporting basis;
     • (iv) incurring expenditure on any development work; without, referring the matter for approval of the Government provided there is no financial liability, direct or indirect, immediate or in future on the Government.
3. (3) The Government may, in accordance with the provisions contained in this Act, for the purpose of securing and maintaining uniform standards, by notification in the Official Gazette, prescribe a Standard Code providing for the classification, manner and mode of selection and appointment, absorption of teachers and employees rendered surplus, reservation of posts in favour of members of the Scheduled Castes, Scheduled 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 recognised institutions (other than those managed and maintained by the Government, Central Government and the local authorities). When such Code is prescribed the provisions made in the Code shall prevail and the provisions made in Statutes, Ordinances, Regulations and Rules 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. (4) 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 with any order issued by Government, the Government may, on making such enquiry as it may deem fit, 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.
5. (5) The Government may carry out test audit or full audit of the accounts of the University or a college, school or institution conducted by the University regularly at such intervals as the Government may deem fit.