Preamble

EXTRAORDINARY PUBLISHED BY AUTHORITY No0.1779, CUTTACK, TUESDAY, NOVEMBER 2, 2021/ KARTIKA 11, LAW DEPARTMENT NOTIFICATION The 2nd November, 11/2021/L.— The following Act of the Odisha Legislative Assembly No.11182-I-Legis- ber, is hereby published for naving been assented to by the Governor on the 28th Octo general information. ODISHA ACT OF THE ODISHA UNIVERSITY OF HEALTH SCIENCES ACT, AN ACT TO PROVIDE FOR ESTABLISHMENT AND INCORPORATION OF A UNIVERSITY OF HEALTH SCIENCES IN THE STATE OF ODISHA AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. WHEREAS, it is expedient t0 establish and incorporate a University of Health Sciences for the purpose of ensuring affiliation, proper and systematic instruction, arch exclusively in Modern Medicine, Homeopathy and Ayurveda | Health, Pharmacy education, Nursing education, diation Technology, Physiotherapy and any other ha and to have uniformity in various cts, and to provide for matters training and rese including Dental education, Menta Education on Laboratory and Ra medical or paramedical course in the State of Odis academic programmes in medical and allied subje connected therewith or incidental thereto ; BE it enacted by the Legislature of the State of Odisha in the Seventy- second Year of the Republic of India as follows:— CHAPTER | PRELIMINARY y be called the Odisha University of Health Sciences Act, 2021. 1. (1) This Act ma (2)It extends to the whole of the State of Odisha.

In this Act, unless the context otherwise requires,— (a)“Affiliated Institution” means a college or an institution imparting education in health sciences and allied sciences and affiliated to the University in accordance with the provisions of this Act and the Statutes and includes a college or an institution deemed to be an affiliated college or institution under this Act; (b)“Appointed date” means the date appointed under sub -section (1) of section i (c)‘Approved Institutions” mean hospital, health center, affiliated institution or such other institutions recognized by the University as an institution in which a person may undergo training, if any, required by a course of study before conferring any degree, diploma or other academic distinction of the University ; (d)“Authorities” means the authorities of the University as specified in section 16; (e)“‘Autonomous Institution™ means a college or Institution, as the case may be, on which status of Autonomy has been granted and designated to be so by the statutes; (f) “Board” means the Executive Board of the University; (g) “College” means an institution imparting education in health sciences and is affiliated to the University; (h) “Educational Agency” means any person or body of persons whether incorporated or not who or which establishes or maintains or manages one or more private college or institutions in which instruction, or research in all or any of the subjects of the health science is provided ; (i) “Government College” means a college managed by the State Government and affiliated to the University ; (j) “Hostel” means a unit of residence for the students of the institution affiliated to the University in accordance with the provisions of this Act or Statutes ; (k)“Health Sciences” means the science of modern medicine in all its branches concerning preventive, promotive, curative and rehabilitative health of human beings and includes dental sciences, Mental Health, Ayurveda, Homeopathy, and allied sciences including those concerned with interdisciplinary areas, and those related to paramedical courses;

(1) “Other Universities” means “the Utkal University”, “the Berhampur University”", “the Sambalpur University”, “Shri Jagannath Sanskrit Viswa Vidyalaya deemed to be established under the Odisha Universities Act, 1989” and includes the universities established under that Act; (m) “Paramedical Courses” means programme of education, research and training in nursing, pharmacy, physiotherapy, optometry, radiology, audiology, speech pathology, Medical Anatomy, Medical Biochemistry, Medical Microbiology, Physiology, Medical Laboratory Technology, medical radiation technology and such other courses of studies as may be declared, by notification, by the State Government; (n) “Prescribed” means prescribed by Statutes, Ordinances, and Regulations; (0) “Private college” means a college which is not established and maintained by the State Government or the Central Government or local authority; (p) “recognized Institution” means an institution of higher learning, research or specialized studies, other than an affiliated institution, and recognized to be so by the University ; (q)“Regulatory Body” means Medical Council of India, constituted under section of the Indian Medical Council Act, 1956, Central Council of Indian Medicine constituted under section of the Indian Medicine Central Council Act, 1970, Homeopathy Central Council constituted under the Homeopathy Central Councll Act, 1973, Dental Council of India constituted under section of the Dentists Act, 1948, Nursing Council of India, constituted under the section of Indian Nursing Council Act, 1947, Pharmacy Council of India constituted under section of Pharmacy Act, 1948, University Grants Commission established under section of the University Grants Commission Act, and includes such other bodies established by the State Government or Central Government for laying down norms and conditions for ensuring standard of education in Modern Scientific Medicine, Ayurveda, Homoeopathy, Dentistry, Mental Health, in all their branches and includes paramedical courses; (r)“Statutes”, “Ordinances” and “Regulations” means, respectively the “Statutes”, “Ordinances” and “Regulations” of the University made under this Act; (s)“Student” means a part-time or full-time student pursuing the course or undergoing Orissa . of 102 of | 48 of 1¢ 59 of 1¢ 16 of 1¢ 48 of 1!

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house-manship or internship or residency programme or carrying on research in any of the affiliated colleges, or recognized institutions ; (t) “University” means the Odisha University of Health Sciences established under section of this Act; CHAPTER Il £ s (Rhraent oy Uncveyy THE UNIVERSITY 3. (1) With effect from such date, as the State Government may, by notification, appoint in this behalf, there shall be established in the State of Odisha a University by the name of “the Odisha University of Health Sciences”. (2) The University shall be a body corporate by the aforesaid name having perpetual succession and common seal, with powers, subject to the provisions of the Act, to acquire, hold and dispose of property, both movable and immovable, to contract and shall, by the said name, sue and be sued. (3) The headquarters of the University shall be at Bhubaneswar. (4) The University shall be an affiliating University., el 4. The objectives of the University shall be;— (a) to regulate the academic standards of the affiliated institutions; (b) to design new courses and curricula based on the advances in the field of health science ; (c)to advance and disseminate learning and knowledge in health sciences and allied fields by fostering and promoting medical research ; (d) to act as the nodal agency for linkages with other national and international | institutions ; (e) to develop a platform for the dialogue between different systems of medicine; (f)to explore the possibilities of joint research programmes and integration between different systems of medicine among the affiliated institution ; (g) to promote acquisition of knowledge in a rapidly developing and changing society and to offer opportunities for upgrading knowledge and imparting training and development of skills in the context of innovations, research and discovery in all fields of health sciences with use of modern communication media and technologies; and

• • !'. ons (h) to undertake such other activities as may be required to fulfill the above objectives. 5. The powers and functions of the University shall be the following, namely:— (a) to hold examinations and to confer degrees and other academic distinctions for persons who shall have pursued approved courses of studies in an affiliated institution or recognized institution 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 and which have been duly evaluated ; (b) to institute and award degrees, diplomas, certificates and such other academic distinctions; (c) to make provisions for research and for advancement and dissemination of knowledge in health and allied sciences ; (d) to confer honorary degrees or other distinctions on distinguished persons in accordance with the conditions as may be prescribed ; (e) to prescribe conditions under which the award of any degree, title, diploma certificates and other academic distinctions may be withheld ; (f) to withdraw or cancel degree, title, diploma, certificates or other distinctions under conditions that may be prescribed by the Statutes after giving the persons affected, a reasonable opportunity to present their case ; (g) to prescribe conditions for recognition of institutions for conducting research or other programmes of the University and to grant recognition to institutions satisfying the conditions and to withdraw such recognition ; (h) to make provision wherever feasible in the affiliated institutions , recognized institutions, for survey and collection of statistics, data and other particulars relevant to various developmental activities including evaluation of the developmental schemes under the State and Central Plans with the participation of the students as a part of their curricular activities ; (i) to monitor and evaluate the academic performance of affiliated institutions and recognized institutions for grant of continuation of affiliation and periodical accreditation and to rescind affiliation if it violates any provisions of the Act, Statutes, Regulations, Ordinances issued by the University or violates any provision of the rules, Regulations, orders, instructions and guidelines, if any, iIssued by any Regulatory Body; (J) to inspect, where necessary, affiliated institutions and recognized institutions through suitable machinery established for the purpose, and take measures to ensure that proper standards of instruction, and training are maintained by them and adequate library, laboratory, hospital, faculty and other academic facilities are provided for ; (k) to institute awards, fellowships, travelling fellowships, scholarships, studentship, medals and prizes for teachers and students of the affiliated institutions or recognized institutions; (I) to provide for the training and quality improvement of teachers and non-teaching employees in the affiliated institutions : (m)to provide for periodical assessment of the performance of teachers and non- teaching employees of the affiliated institutions, in accordance with the Statutes : \gpo/to regulate attendance of the teachers in the premises of the affiliated institutions during teaching hours and beyond teaching hours, as may be prescribed and to prohibit teachers from taking or conducting private tuition or private coaching classes or doing private clinical practice ; (0) to prescribe a code of conduct for management of affiliated institutions or recognized institutions; (p) to establish, maintain and manage, whenever necessary,— (i) a printing and publication department : (i) Information Bureaus ; (iif) Employment Guidance Bureaus and such other activities as may be necessary and possible to fulfill the objectives of the University ; () to co-operate or collaborate with any other University, institution, authority or organization for research and advisory services and to enter into appropriate arrangement with other Universities, institutions, authorities, or organizations to conduct courses and for such purposes as the situation may demand ; ir) 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 to clients from industry, trade or any other non-Government organization : (s) to receive funds for collaboration programmes from foreign agencies subject to rules and regulations of the Central Government and the State Government in that behalf ; (ty/to accept, hold and manage any endowments, donations or funds which may become vested in it for the purposes of the University by grant, testamentary ¢ rumonvdisposition or otherwise, and to invest such endowments, donations or funds in any "o N2 manner that the University may deem fit including scholarships and medals: Provided that any donation from a foreign country, foreign foundation or any person in such country or foundation shall be accepted by the University only in accordance with the rules and guidelines of the Central Government and the State Government ; (u) to borrow money with or without security for such purpose, as may be approved by the State Government, from the Central Government, the University Grants Commission or other incorporated bodies subject to the provisions of this Act ; 2o (v) to fix fees and to demand and collect such fees in the manner as may be f:2S prescribed ; (w) to undertake publication of works of merit and research pertaining to health and allied sciences ; and (x) to do all such other acts and things or make such other provisions as may be deemed necessary or desirable to further the objects of the University. 6.(1) No person 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 give affiliation to any college or institution in which admission is given exclusively for women or reserved for women : Provided further that the University may, in consonance with the policies of the State Government, reserve posts, employment or seats for admission in favour of members of the Scheduled Castes and Scheduled Tribes, Socially and Economically 2ackward Classes of citizens, women or other category of persons. CHAPTER Il THE CHANCELLOR AND OFFICERS OF THE UNIVERSITY 7. (1) The Governor of Odisha shall, by virtue of his office, be the Chancellor and the head of the University. (2) The Chancellor, when present, shall preside over the meeting of the convocation of the University and may issue directions to the Vice-Chancellor to convene the meeting of any authority of the University for specific purposes, whenever necessary, and the Vice-Chancellor shall submit the minutes of such meeting to the Chancellor for his perusal. (3) The Chancellor may call for such information and record relating to any affair of the University and issue such directions thereupon as the Chancellor may deem fit in the interest of the University, and the authorities and officers of the University shall comply with such directions. (4) The Chancellor may, after taking report in writing from the Vice-Chancellor, suspend or modify any resolution, order or proceedings of any authority, body, committee or officer, which in the opinion of the Chancellor is not in conformity with this Act, Statutes, Ordinances or Regulations or is not in the interest of the University and the authority, body, committee and officer of the University shall comply with the same : Provided that, before making any such order, the Chancellor shall call upon the said authority, body, committee or, as the case may be, the officer to show cause within the period specified, why such an order should not be made, and if any cause is shown, the Chancellor shall consider the same and wherever he deems it necessary, after consulting the Government, decide the action to be taken in the matter, and such decision shall be final. (5)Where, in the opinion of the Chancellor, the conduct of any nominated or appointed or co-opted member in the Authority or Body or Committee of the University is detrimental to the smooth functioning of the University or any authority or body or committee, the Chancellor may, after giving such member an opportunity to offer explanation in writing and after considering such explanation, if any, and being satisfied that it is necessary so to do, suspend or

disqualify such member for such period as the Chancellor may deem fit.

1. (6) The Chancellor shall have the right to cause an inspection to be made by such person or persons or body of persons, as he may direct, of the work conducted

and to cause an inquiry to be made in like manner regarding any matter connected with the administration or finances of the University or any of the affiliated institutions. (7) The Chancellor shall, in every case, give due notice to the University of his intention to cause an inspection or inquiry to be made and the University shall be entitled to appoint a representative, who shall have the right to be present and to be heard at the inspection or inquiry. (8) After an inspection or inquiry has been caused to be made, the Chancellor may address the Vice-Chancellor on the result of such inspection or inquiry and the Vice-Chancellor shall communicate to the Board the views of the Chancellor and call upon the Board to communicate to the Chancellor through him its opinion thereon within such time as may have been specified by the Chancellor and if the Board communicates its opinion within the specified time-limit, after taking into consideration that opinion or where the Board fails to communicate its opinion in time, after the specified time-limit is over, the Chancellor may proceed to advise the Board on the action to be taken by it, and fix a time-limit for taking such action . (9) The Board shall, within such time-limit as fixed, report to the Chancellor through the Vice-Chancellor the action which has been taken or is proposed to be taken on the advice tendered by him . (10) The Chancellor may, where action has not been taken by the Board to his satisfaction within the time-limit fixed and after considering any explanation furnished or representation made by the Board, issue such directions as the Chancellor may think fit and the Board and other authority concerned shall comply with such directions. (11)Not-withstanding anything contained in the preceding sub-sections, if at any time the Chancellor is of the opinion that in any matter, the affairs of the

University are not managed in furtherance of the objectives of the University or In accordance with the provisions of this Act, Statutes and Regulations or that special measures are desirable to maintain the standards of University examinations, administration or finances, the Chancellor may indicate to the Board through the Vice -Chancellor any matter in regard to which he desires an explanation and call upon the Board to offer such explanation within such time as may be specified by him and if the Board fails to offer any explanation within the time specified or offers an explanation which in the opinion of the Chancellor is not satisfactory, the Chancellor may issue such directions as appears to him to be necessary, and the Board and any other authority concerned shall comply with such directions. (12)The Board shall furnish such information relating to the administration and finances of the University or teaching, examination or research of any of the affiliated institutions as the Chancellor may, from time to time, require. (13)The Chancellor shall when an emergency arises, have the right to suspend or dismiss any of the authorities of the University and take measures for the interim administration of the University : Provided that before taking any such action, the Chancellor shall give an opportunity to such authority to show cause why such action should not be taken. (14)An appeal shall lie to the Chancellor against any order of dismissal passed by the Board or the Vice-Chancellor against any person in the service of the University. (15)An appeal under sub section (14) shall be filed within thirty days from the date of serving the order of dismissal on the persons concerned. (16)The Chancellor shall, before passing any order on an appeal as above, refer the matter for advice to the State Government. (17)The Chancellor shall have the power to remove the Vice-Chancellor from office, by an order in writing, on charges of misappropriation, misconduct, mismanagement of funds or any other good and sufficient reason: Provided that before taking action under this sub-section, such charges shall be proved by an inquiry conducted by a person nominated by the Chancellor: Provided further that the person so nominated is above the status or in the

rank of the Vice- Chancellor. Provided also that the Vice-Chancellor shall not be removed under this sub- section unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken against him. (18) The Chancellor shall exercise such other powers and perform such other duties as may be conferred upon or vested in the Chancellor by or under this Act or Statutes. oficersof 8. The following shall be the officers of the University, namely.— : S:iversity- (i) the Vice-Chancellor; ' (ii) the Registrar; (iii) the Controller of Examination; (iv)the Comptroller of Finance; (v) the Director, Curriculum ; and (vi)and such other officers as may be declared by the Statute to be the officers of the University. appointment 9. (1) The Vice-Chancellor shall be a whole-time officer of the University and shall | ght:r?c\;::fi be appointed by the Chancellor from a panel of three names recommended by a Committee unanimously, who are not members of that Committee. ‘ (2) The names so recommended shall be a person from the Medical Education fraternity possessing high level of academic and administrative competence, integrity, morals, institutional commitment and with distinguished academic record having experience either as Professor or in an equivalent position in NMC approved or recognized or permitted institutions. (3) If the persons approved on priority basis by the Chancellor, out of the panel so recommended, are not willing to accept the appointment , the Chancellor may call for a fresh panel of three different names from the said Committee or If the Chancellor is of the opinion that none of the persons out of the said panel is suitable for appointment as Vice-Chancellor, the Chancellor may take steps to constitute another Committee to give a fresh panel of three different names and shall appoint one of the persons named in the fresh panel, as the Vice- Chancellor. ‘me 'y g, Wb -1-._1‘=. o AT R e i St ey e e T - Fre —— e gs an ';‘: B f,'_3—_—'.-_!‘%?1?-5;-;,%.?;’.“} -.-;'m{-:*%u*?_;‘:. B L e S A O SR R g iAo ool o i (4) The committee referred to in sub-sections (1) and (2) shall consist of three -1 e

Powers of the Vice- Chancellor. members out of whom one member shall be nominated by the State Government, ‘one member shall be nominated by the Chancellor and the remaining member shall be nominated by the Board of Management of the University, and the Chancellor shall appoint one of the members to be the Chairman of the Committee. (5) The process of preparing a panel shall begin at least three months before the probable date of occurrence of the vacancy of the Vice-Chancellor and shall be completed within the time limit fixed by the Chancellor, who may extend such time limit in public or administrative exigency, it is necessary to do so. (6) The person appointed as the Vice-Chancellor shall, subject to the terms and conditions of his contract of service hold office for a period of four years from the date on which he enters upon office or till he attains the age of seventy years, whichever is earlier and will not be eligible for reappointment. (7) Notwithstanding anything contained in this section, the Chancellor shall appoi ‘such person as he deems fit to be the first Vice-Chancellor of the University and the person so appointed shall hold offi iod not exceeding one year, and subject to such terms and conditions as the Chancellor may fix in that behalf. (8) Where any vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation or otherwise and it cannot be conveniently and expeditiously filled up in accordance with the provisions of sub-section (1) to (4) or if there is any other emergency, the Chancellor may, appoint a suitable person for such period not exceeding six months, on recommendation of the State Government. (9) The remunerations payable to, and the other conditions of service of, the Vice- Chancellor shall be determined by the State Government : Provided that the remuneration and other conditions of service shall not be varied to the disadvantage of the Vice-Chancellor during the tenure as such. (10)The Vice-Chancellor may, by writing under his own signature addressed to the Chancellor, after giving one month notice, resign from that office and shall cease to hold that office on the acceptance of the resignation by the